HomeMy Public PortalAbout05) 7D Final Subdivision Map Tract Map No. 73258, 10034 and 10044 La Rosa DriveAGENDA
ITEM 7.0.
COMMUNITY DEVELOPMENT DEPARTMENT
DATE:
TO:
FROM:
SUBJECT:
MEMORANDUM
January 17 , 2017
The Honorable City Council
Bryan Cook , City Manager
Via : Micha el D. Forbe s, AICP , Community Deve lopm e nt Directo r ~
By : Hesty Liu , AICP , Associate Planner
FINAL SUBDIVISION MAP APPROVAL FOR TRACT MAP NO. 73258 , A
SIX-LOT SUBDIVISION AT 10034, 10044 LA ROSA DRIVE
RECOMMENDATION:
The City Council is requested to :
1. Receive the Subdivision Improvement Agreement (Attachment "A ");
2 . Approve the final subdivision map for Tract Map No . 73258 (Attachment "B");
3. Authorize the City Manager to execute the Subdivision Improvement Agreement ;
and
4 . Authori ze the City Cl e rk to certify Tract Map No . 73258.
BACKGROUND:
1. On May 13, 2015 , the City recei ved the application of a subdivision consis ting of six
single-family lots for two adjoining properties located at 1 0034 , 10044 La Rosa
Drive . Following the submittal of the application , the tentative tract map was
forwarded to the Lo s Angeles County Fire Department , the City's Building and
Engin e ering Divisions , and the local utility companies for review and comments .
2 . On July 14 , 2015 , the Planning Commission conducted a publ ic hearing to review
the project , including the tentat ive tra ct map and the development designs proposed
for the si x lots in the subdivision . Afte r receiving the public comments , the Plann ing
Commiss ion passed a motion approving the project.
City Counc il
January 17 , 2017
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3. Following the Planning Commission decision , the neighbors of the p roject site fi led
an appeal to the City Council. On October 20 , 2015 , the City Council he ld a public
hearing for the appeal. After receiving the staff report and publ ic testimony, the City
Council voted unanimously to uphold the Planning Commission decision .
4 . On October 13 , 2016 , the Cit y's Engineering Div ision comp leted the fin al map
rev iew . The City's Eng i neering Division adv ised that the subdivision final map was
approved from a techn ica l standpoint.
5 . On November 30 , 2016 , the developer placed the security depos it and s igned the
Subdivision Improvement Agreement.
6 . On December 27 , 2016 , the Los Angeles County Fi re Department app roved the fi na l
tract map .
ANALYSIS :
The tract map is for the subdivision of two existing sing le-family lots into six lots . The map
was approved based upon the conc lu sion that the project was consistent w ith the Genera l
Plan and Zoning Code . The approval granted a two-year life w ith the expi rat ion set as
October 20 , 2017 . Now the City 's Building and Engineering Division has completed the
final map rev iew and certified the map . The developer p laced the security deposit and
entered into the Subdivision Improvement Agreement. Based on the conclus ion that the
final map is in substantial compl iance with t he tentative map , staff requests that the City
Council approve the final map . Approving the final map w ill a ll ow the developer to fi nalize
the subdivis ion map so that a si ngle-family residence can be i mproved on each of the lots
in the subdivis ion .
CITY STRATEGIC GOALS :
Approval of final Tract Map No . 73258 will further the City's Strateg ic Goal of Ec onomic
Developme nt.
FISCAL IMPACT:
Approval of this item will not have an impact on t he City's budget fo r Fiscal Year 2 017-1 8.
City Council
January 17, 2017
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ATTACHMENTS :
A. Copy of the Subdivision Improvement Agreement
B. Copy of Tract Map No. 73258
RECORDED AT THE REQUEST OF
AND WHEN RECORDED RETURN TO:
(Document exempt from r ecording fees
pursuant to Cal. Gov . Code§ 27383)
CITY OF TEMPLE CITY
Attn: Bryan Cook, C ity Manager
970 1 Las Tunas Drive
Temple City, California 91780
Attachment A
THIS SPACE FOR RECORDER'S USE O NLY
SUBDIVISION IMPROVEMENT AGREEMENT
FINAL TRACT MAP
By and Between
THE CITY OF TEMPLE CITY,
A Municipal Corporation
and
LTCPLLC
A California Limited Liability Company
DATED November 30,2016
SUBDIVISION IMPROVEMENT AGREEMENT
FINAL TRACT MAP 73258
This Subdivision Improvement Agreement ("Agreement") is entered into as of thi s 30th
day of November, 2016 by and between the City of Temple City, a municipal corporation ("City")
and LTCP LLC ("Developer''). City and Developer are sometimes here inafter indi v idu a lly
referred to as "Party" and hereinafter co llectively referred to as the "Parties."
RECITALS
A. D eveloper has submitted to City an application for approva l of a fmal tract map for
real property loc ated within City, a le gal description of which is attached here to as Exhibit "A".
The tract map is ide ntified in City records as Tract Map No . 73258. On October 20,2015 the C ity
conditionally approved Tract No. 73258.
B . Developer has not completed all of the work or made all of th e Public
Improvements required by the Subdivision Map Act (Government Code sections 66410 et ~-),
("Map Act") the City Ordinances, the conditions of approval for Tract No. 7325 8 , or other
ordinances, resolutions, or policies of City requirin g construction of improvements in conjunction
with the subdivision of land .
C. Pursuant to City Ordinances and the applicable provisions of the Map Act,
Developer and City enter into this Agree ment for the timely construction and completion of the
Public Improvements and the furnishing of the security therefor, acceptable to the City Engineer
and City Attorney, for Tract No. 73258.
D . City has authority to enter into this Subdivision Improvement Agreement pursuant
to Government Code Sections 66499-66499.10.
E. Pursuant to Government Code Section 66499, Deve loper's execution of this
Agreement and the provision of the security are made in consideration of C ity 's approval of the
final map for Tract No. 73258.
DEFINED TERMS
"Developer" shall mean LTCP, a California Limited Liability Company. The term "Developer"
shall also include all assignees, to the extent permitted under thi s Agreement, of the ri ghts an d
obligations of Developer under this Agreement, and any successor-in-interest to Developer havin g
a legal and/or equitable interest in the Propetiy.
"Estimated Costs" shall mean the City Engineer's approximation of the actual cost to construct
the Public Improvements, including the replacem ent cost for all landscaping.
"Litigation Expenses" shall mean all costs and expenses, to the ext ent reasonable in amount,
actually and necessarily incurred by a party in good faith in the prosecution of an action or
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proceeding, including, but not limited to, court costs , filing , recording, a nd service fee s, copying
costs, exhibit production costs, special media rental costs, attorneys ' fees, fees for investigators,
w itness fees (both lay and expert), trave l expenses, depos iti on and tran script costs and any other
cost or expense, the award of which a court of competent jurisdiction may determine to be just and
reasonable.
"Map Act" shall m ean the Subdivision Map Act, Government Code Sections 66410 et seq.
"Property " sh a ll mean the a ll of the rea l property contain ed wi thin the boundaries of Tract Map
No. 73258 located in the City of Temple City, California, as i s more particu larly described in the
legal des cription and tract diagram attached hereto and incorporated hereby by reference at
Attachment "A".
"Public Improvements" s hall include, but not b e limited to, all grading, roads, streets, paving,
curbs and gutters, s id ewalks, paseos, pathways, trails , sanitary sewers, uti li ties, stonn drain s,
detention and retention basins and other drainage faci l ities, traffic controls, landscaping, street
lights and all other faci liti es required to be constructed and dedic ated to the City or other public
entity as conditions of approval of Ten tative Tract Map No. 73258 and as shown in detail on the
plans, and sp ecifications whi ch have been approved by the C ity and in corporated into Tract Map
No . 73258. The Parties agree that the Public Improvements to be completed by Developer are
more specificall y described in the diagram or plan attached hereto and in corporated herein by
reference as Attac hment "B. Notwithstanding, Attachment "B", D eveloper shall remain obligated
to construct an d complete all of the Public Improvements required as condition s of approva l for
Tenta ti ve Tract Map 73258.
"Required Insurance" s hall mean the ins urance required to be maintained by Developer under
Section 17.
"Security" s hall mean surety bonds in the amounts and und er the term s of Section 12 or other
security approved by City Eng in eer or City Attorney.
"Tract No 73258." sh all mean the fmal map prepared and approved by the C ity for tentat ive tract
map no. 73258.
"Warranty" sh all mean the one-year period following completion of the Public Improvements by
Developer and the acceptance of the Public Improvements by the City in which Developer warrants
and gu arantees a ll Public Improvem ents.
OPERATIVE PROVISIONS
NOW, THEREFORE, in cons ideration of th e mutual promises and covenant s made by th e
parties and contained he re and other cons iderati on, t he va lu e and adequacy of which are hereby
acknowledged, the parti es agree as follows :
1. EFFECTIVENESS. Thi s Agreement shall not be effective unle ss and unti l all
four ( 4) of the following conditions are satisfied in the order provided:
1.1 Security. Developer provides City with the Security of the type and in the
amounts required by this Agre em ent;
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1.2 Final Map and Agreement Approval. The C ity Council of th e City ("City
Council") approves the fin a l map fo r T ract No. 73258 and this Agreem ent;
1.3 Record Agreement. D eveloper and City execute the Agreement and City
records this Agreement in the R ecorder 's Office of th e County of Los An geles; and
1.4 Record Final Map. Deve loper records the fina l map for Tract No. 73258
in the R ecorder's Office of th e Coun ty of Los Ange les.
If the ab ove described conditions are not sati sfi ed in th e ord er, matmer and withi n th e time
provided und er thi s Agreement , this Agreement s ha ll automati call y termina te witho ut need of
further ac tion by either C it y or Developer.
2 . PUBLIC IMPROVEMENTS. Developer sh all construct or have constructed at
its ow n cost, expense, and li abi l ity th e Public Improvements, as defin ed h erein, within the time
and in th e manner r equired under th is Agreement. Construction of the Public Improvements sh all
include any transition s and/or other in c identa l work dee med necessary for drainage or p ub lic
safety. The Developer sha ll be respons ible for the rep lacement, relocation , or r emoval of any
componen t of any irri gation wa ter or sewer sys t em in conflict w ith th e construction or ins talla t ion
of the Publi c Improvements . Such rep lacem ent, rel ocation , or removal s hall be performed to the
complete sa tisfaction of the C ity Engineer and th e owner of s uch water or sewer system .
Develop er further promises and agrees to provide all equipment, tools, materials, labor, te sts,
de sign work, and en gineering services nec essary or required b y C ity to fully and adequately
complete th e Publi c Improvements.
2 .1 Prior Partial Construction of Public Improvements. Where construction
of any Public Improvements has been partia lly comp leted prior to thi s Agreement, D eveloper
agrees to complete such Publi c Improvements or ass ure the ir completion in accordance with thi s
Agreement.
2.2 Permits; Notices; Utility Statements. Prior to co mmencin g any work,
D eveloper shall , at its so l e cos t , expense, and li a bility, obtain a ll necessary p ermits and approva ls
and give all n ecessary and inci dental notices r equired for th e lawful cons truction of the Publi c
Improvements and performance of Developer 's ob li gations under thi s Agreement. Developer shall
conduct the work in f ull comp liance with the r egulations, rules, and oth er r equirements co ntained
in an y permit or a pproval issued to Developer. Prior to co mmencing an y work, Develop er sh all
file a written s tatement with th e City C lerk and the C ity E ngineer, signed by Develop er and each
utility whi ch w ill provide utility service t o th e Property, attesting that D eve loper has made all
deposits legall y re quired by th e uti li ty fo r the extension and provi sion of utili ty service to the
Property.
2.3 Pre-approval of Pl ans and Specifications. Deve loper is prohibited from
commencing work on any Public Improvem ent until all plans and sp ecifications for su ch Public
Improvement have been submitted to and approved by the C ity Engineer, or hi s or her designee.
Approval by th e C ity Engineer sh a ll n ot r eli eve D eve loper from ensuring th at all Public
Improvem ents confonn with all other requirements and sta ndards set forth in thi s Agreem ent.
2.4 Quality of Work; Compliance With Laws and Codes. The construction
plans and specifications for th e Public Improvements shall be prepar ed in accordance with all
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applicable federal, state a nd local laws, ordinances, regulations , codes , standards , and other
requirements. The Public Improvements shall be completed in accordance with all approved maps ,
plans, specifications, standard drawings , and special amendments thereto on file with C ity, as well
as all applicable federal, stat e, and local laws, ordinances, regu lations, codes, standard s, and other
requirements applicable at the time work is actually commenced.
2.5 Standard of Performance . Developer and its contractors, if any, sha ll
perform all work required to construct the Public Improvements under thi s Agreement in a skillful
and workmanlike manner, and consistent with the standards generally recogni zed as being
employed by professionals in the same di sc ipline in t he State of California. Developer represents
and maintains that it or its contractors shall be skilled in the professional calling necessary to
perform th e work. Devel oper wanants that all of its emp loyees and contractors shall have
sufficient ski ll and experience to perform the work assigned to them, an d that they shall have all
licenses, permits, qualificati ons and approvals of whatever nature that are legall y required to
perform the work, and that such licenses , p ermi ts, qualifications and approvals shall be maintained
throughout the term of thi s Agreement.
2.6 Alterations to Improvements . All work s ha ll be done and improv ements
made and completed as shown on ap proved plans and specifications, and any subsequent
alterations thereto. If during the course of construct ion and in stall ation of the Public Improvements
it is determined that the public interest requires alterations in the Public Improvements, Developer
sha ll undertake such design and construction changes as may be reasonably required by City. Any
and all alterations in the plans and specifications and the Public Improvements to be completed
may be accomplished without givi ng prior notice thereof to D eve loper's surety for thi s Agreement.
2.7 Other Obligations Referenced in Conditions of Tentative Map
Aooroval. In addition to the foregoing, Developer shall satisfy a ll of the conditions of approval
on the tentative map for the Property. The conditions of approval which h ave not been satisfied
prior to the date of this Agreement are identified on Exhi bit "D" hereto.
3. MAINTENANCE OF PUBLIC IMPROVEMENTS AND LANDSCAPING.
Ci ty shall n ot be responsib le or liabl e for the maintenance or care of the Public Improvements until
City formally approves and accepts them in accordance with its p o li cies and procedures. City shall
exercise no control over the Public Improvements until approved and accepted. Any use by any
person of the Public Improvements, or any portion th ereof, shall be at the sole and exclusive risk
of the Developer at all times prior to City's acceptance of the Public Improvements. Developer
shall maintain all the Publi c Improvements in a state of goo d repair until they are completed by
Developer and approved and accepted by City, and until the security for the performance of this
Agreement is released . Maintenance shall includ e, but shall not be limited to , repair of pavement,
curbs, gutters, sidewalks, signals, parkways, water mains, and sewers ; maintaining all landscaping
in a vigorous and thriv ing condition reasonably acceptable to City; removal of debris from sewers
and storm drains ; and sweeping, repairing, a nd maintaining in good and safe condition all streets
and street improvements. It shall be Developer's respons ibility to initiate all maintenance work,
but if it shall fail to do so, it sh a ll promptly perform su ch maintenance work when notified to do
so by City. If Developer fails to properly prosecute its maintenance obligation under this section,
City may do all work necessary for such maintenance a nd the cost thereof shall be the
responsibility of Developer and its surety under th is Agreement. C ity sh all not be responsible or
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li abl e for any damages or injury of any n ature in any way related to or caused by the Public
Improvements or their condition prior to acceptance.
4. CONSTRUCTION SCHEDULE. Unless exte nded pursuant t o this Section 4.1
of thi s Agreement, Developer shall fu ll y and adequately compl ete or have comp leted the Public
Improvements withi n 2 years (24 months) fo ll owing approval of the final map fo r Tr act No. 73258
or prior to th e final date of the construction permits, whichever occu rs first.
4.1 Extensions. City may, in its sole and absolute discretion, provide
Deve loper with add iti onal time w ithin wh ich to comp le te th e Public Improvem en ts. It is
und erst ood that by providing the Security required und er Section 12 .0 et seq. of this Agreement,
Developer and its surety consent in advance to any extension of time as may be given by City to
Developer, and waives any and a ll right to noti ce of such exte nsion(s). Deve loper's acceptance of
an ext ension of time granted by City shall constitute a waiver by Devel op er and its surety of al l
defense of laches , estoppel , statutes of limitations, and other limitations of action in any action or
proceeding fi led by City following the da te on wh ich th e Public Improvements were to have been
completed hereunder. In addition, as consideration for granting such extension to D eveloper, City
reserves the right to revie w the provisio ns of this Agreement, including, bu t not limited to , th e
cons truction standards, the cost estimates estab lished by City, and the sufficiency of the
improvement security provided by Deve loper, and to requ ire adjustments thereto w he n warranted
according to C ity's reasonable discretion.
4.2 Accrual of Limitations Period . Any limitations period provided by law
rel ated to breach of this Agreement or the terms thereof s ha ll not accrue until Develo per has
provided the City En gineer with written notice of Developer's intent to abandon or otherwise not
compl ete r equired or agreed upon Public Improvements.
5. GRADING. Develop er agrees that any an d all grading done or to be done in
conjunct ion with construction of the Pub lic Improvements or developme nt of Tract No. 73258
sh all conform to a ll federal , state, and local laws, ordinances, regulations, and other requirements,
including City's grading regulations. All grad in g, landscapi ng, and construction activ ities shall be
performed in a manner to contro l erosion and prevent flooding problems. T h e City Engineer shall
have the authority to require erosion plans to prescribe reas onab le controls on the method , manner,
and time of grad ing, landscaping, an d cons tru cti on activities to prevent nuisances to surrounding
pro perties. Plans shall include w ithout limitation temporary drainage and erosion control
requirements , du st control procedures, restrictions on truck and other construction traffic routes,
noise abatement procedures, storage of materials and equipment , removal of garbage, trash , and
refuse , securing the job site to prevent injury, and s imil ar matter s. In order to prevent damage to
the Public Improvements by improper dra in age or other hazards, the grading shall be completed
in acco rd ance with the time schedule for completion of the Public Improvements established by
this Agreement, and prior to C ity's approval and acceptance of the Public Improv ements and
release of t he Security as set forth in Sec ti on 12.0 et ~· of this Agreement.
6. UTILITIES . D eve loper shall provide uti li ty services, including water, sewer,
power, gas, and telephone serv i ce to serve each parcel, lot, or unit of land within Tract No. 73258
in accord ance with all ap pli cab le federa l, state, and lo ca l laws, rules, and regulations , including,
but not limited to, th e regulation s, schedules and fees of th e utilities or agencies prov idin g such
se rvices . Except for commercia l or industria l pr operties, Developer shall also provide cable
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te levision faci lities to serve each parcel, lo t, or unit of land in acco rdance with a ll applicab le
federa l, state, and local laws, ru les, and r egulati on s, including, but not li m ited to, th e requirements
of the cable co mpany po ssess ing a v alid fra nchi se w ith C ity to provid e s uch service within City's
jmisdictiona llimits . A ll utilities shall be in stall e d underground.
7 . FEES AND CHARGES . Developer s ha ll , at its so le cost, expense, an d liability,
pay a ll fees , charges, and taxes ari sin g o ut of constru c tion of th e Publi c Improvements, including,
but not limited to, a ll plan check, desi gn review, engi neering, in spection, and other service fe es,
and any impact or connection fees est ab lis hed by City ordinan ce, resolution, regu lation, or policy,
or as establis hed by C ity relati ve to Tract No. 73258, or as required by other governm enta l agencies
havingjmisdiction over Tract No. 73258.
8. CITY INSPECTION OF PUBLIC IMPROVEMENTS. Developer shall , at its
s o le cost, exp ens e, and li abil ity, and at a ll tim es durin g cons truction of the Public Imp roveme nts,
maintain reasonable and safe faci liti es an d provid e safe access fo r inspection by City of the Pub lic
Improvements and areas w here co nstru ct ion of the Publ ic Improvements is occurring or wi ll occur.
If the C ity in s pector reques ts it, the D eve loper at any time befo re acceptance of the Public
Improvements s ha ll remove or uncover s uch portions of the fini shed work as may be di rected
which have not previous ly been in sp ected . After examination, the Developer shall restore said
portions of the work to the sta ndards required hereunder. Insp ection or supervis ion by the C ity
shall n ot b e cons ider ed a s direct control of th e individual workmen on the j ob s ite. City's inspector
shall h ave th e a uthority t o stop any and a ll work not in accordance wi th the requirements con ta in ed
or referenced in this Agr eement. The inspection of th e work by City shall not re li eve Developer
o r the contractor of any ob li gations to fu lfill t hi s A greement a s here in provid ed , and unsuitab le
materials or work may b e rejected notwithstanding that su ch materi a ls or work may h ave been
previously overlo oked or ac cepted .
9. ADMINISTRATIVE C O STS. If D eve lo per fails to construct and install all or
any part of th e Public Improve ments w it hin th e ti me required by this Agreement, o r if Developer
fails to comply w ith any other obligation co ntained here in , D eve loper and its surety shall be jointl y
and severally liable to City for a ll admini strati ve expenses, fee s, a nd costs, including re aso na bl e
attorney's fees and costs, in curred in obtain ing co mpl ian ce with th is Agreement or in process in g
any lega l action o r for an y other remedies permitted by law.
10. ACCEPTANCE OF IMPROVEMENTS; AS-BUILT OR RECORD
DRAWINGS . The C ity Coun ci l may, in it s so le an d a bso lute di scretion, accept full y completed
portions of th e Public Improvements prior to su ch time as all of the Public Improvements ar e
compl ete, which s hall not release or mod ify D eveloper's ob ligation to complete th e remainder of
the Public Improvem ents w ithin the tim e required by this Agreement.
10 .1 D eve lop er 's Notice of Completion . Upon the tota l or partial acceptance
of the Public Improv ements by C ity, Developer sha ll fil e w ith the Recorder's Offi ce of the County
of Los Angeles a notice of completion for the accepted Public Improvement s in accordance with
Cali fornia Civil Code sect ion 3093 , at which time the accepted Publ ic Improvements shall become
the sole and exclusive property of Ci t y without payment therefor.
10.2 City Acce ptance of Public Improvements. If Tract No. 73258 was
approved and recorded as a single pha se map, City sha ll not accept any one o r more of the
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improvements until all of th e Public Improvem ents are co mpl eted b y D evelope r a nd approved b y
City. Issu an ce by City of occupan cy p e1mits for an y bui ldings or s truc tures locat ed on th e P rop erty
sh a ll not b e con strued in any mann er t o con sti tu te C ity's acceptance or a pproval of a ny Publ ic
Improvem ents.
10.3 Developer's Obligation to Provide As-Built or Record Drawings.
Notwithstandi n g the foregoing, C ity m ay not accept any Public Imp rovem ents unless and un til
D ev elop er provides one (1 ) set o f "as-built" or r eco rd drawi ngs or plans t o the C ity E n gin eer fo r
all such Public Improvements. The drawin gs sha ll be certified and sh a ll refl ect th e condition of
the Public Improvements as co ns truct ed, with all cha nges in corp orate d ther ein .
11. WARRANTY AND GUARANTEE. D evel op er hereby warrants and guarantees
all Public Improvements agains t any de fecti ve work or labor done, or defecti ve ma teri als furn ished
in the p erf orm an ce of this Agr eem e nt, including th e ma intenance of a ll land scaping wi thi n th e
Property in a v igorous and thri v ing co nditi on reasonably acceptable to C i ty, for a p eriod of one (1)
year f ollowing c ompletion o f the work a nd accep ta nce by City. Durin g th e Warranty, Develo p er
shall r e pair, r eplace, o r r eco nshu ct any defective or oth erwi se unsati sfactory p011ion of the P ub li c
Improvem ents, in accordance wi th th e cune nt ord inances, res oluti o ns , regulati on s, codes ,
standards, or oth er r equirem ents of City, and to the a p proval of the C ity En gineer. A ll rep a irs,
r eplace ments, or rec onstruction d uring the W arra nty sh a ll be at the so le cost, expense , an d lia bil it y
o f Develop e r and its surety . A s to an y Public Improvem ents which h ave b een r ep aired, rep l aced,
or reconshuc ted durin g th e W atTan ty, Deve lop er and its surety h ereby agree to extend the
W anan ty fo r an additi ona l on e (1) yea r p eri o d fo ll owing City's acceptan ce of the repai red,
replace d, or r econ structed Public Im p roveme nts . Nothin g her ein sha ll re li eve D eveloper from an y
oth er li a bility it m ay have under federa l, state, or local law to repair, r ep lace, or r eco ns tru ct an y
Public Improvement foll owing expirati on o f th e Wan anty or any extens io n th ereof. D eveloper 's
w ananty o bli g ation under thi s secti o n shall surv ive th e expiration or termina ti o n of thi s
Agree m e nt.
12. SECURITY; SURETY BONDS . P tior to City 's a pp rov a l and execution of thi s
Agreem ent, D evelop er sha ll p rovide C ity with s urety b o nds in th e amoun ts and under th e terms
set forth be low. The amount of the S ecurity sha ll be b ased on the C ity Engineer 's Estimated Costs .
If City determines at a ny time pri or to Developer 's compl etion of th e Publi c Improvem ents under
Sectio n 4 [Cons truc tion S che dule], in its sole and a bsolute discre ti on, th at th e E stimated Cos ts
have changed, D eveloper shall adju st the S ecurity in th e a mount requ est ed by C ity. D evelo per's
compliance w ith thi s prov is ion (Secti on 12 .0 e t ~.)s hall in no way li m it or modify D evelop er 's
indemnification obligation p rovid ed i n Se ction 16.0 of thi s Agreem ent.
12.1 Performance Bond. T o guara ntee the faithful p erforma nc e o f the Public
Improvem ents and a ll the prov isions of thi s A greeme nt, to protec t C ity if Develop er is in default
as s et forth in Section 18.0 et ~· of this Agreem en t, an d to secure D eve lo per 's one-year guarantee
and warr anty of the Public Improvem ents, includ in g th e maintenance of all la nd scap ing in a
vigorou s and t hri v in g co nditi on , D evelop er sh a ll provid e C ity a fa ithful performance bond in th e
amount of sixt eenthou sandfo ur hundred ($16 ,400), w h ich sum sh all be not less than on e hundre d
percent (100 %) of the Es tima ted Costs.
12 .2 Partial Release. The C ity Counc il m ay, in its sole and absolute di scr eti on
and upon r ecommendation o f the Ci ty En gineer , parti a lly r eleas e a p orti on or portio ns of th e
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Security provided under thi s section as the Public Improvements are accepted by City, provided
that D eveloper is not in default on any provision of thi s Agreement or condition of approval for
Tract No. 73258, and the total remaining Security is not less than twenty-five percent (25%) of the
Estimated Costs. All S ecurity provided under this section s hall be released at the end of the
Warranty p eri od, or any extension thereof as provided in Section 11.0 of th is Agreement, provided
that D eveloper is not in default on any provi sion of this Agreement or condition of approval for
Tract No. 73258 .
12.3 Labor & Material Bond . To secure payment to the contractors,
subcontractors, la borers, m aterial men, and other persons furnishing labor, material s, or equipment
for performance of the Public Improvements and thi s Agreement, D eveloper sha ll provide C ity a
labor and materials bond in the amount of sixteenth ou san dfourhundred ($16,400), which sum s hall
not be less than one hundred percent (100%) of the Estimated Costs. The Security provided under
thi s section may be released by written a uthorization of the City Engineer afte r six (6) months
from th e date C ity accepts th e fin al Public Improvements. T he amo un t of such Security s ha ll be
reduced b y the total of a ll sto p no tice or mechanic's li en claims of whi ch City is aware, plus an
amount equal to twenty p ercent (20%) of su ch claims fo r rei mbursement of City's anticipated
administrative and legal expen ses arising out of such claims.
12.4 Additional Requirements. The surety for any surety bo nds provided as
Security s hall have a current A.M. Best's rating of no less than A: VIII, be a bank or insurance
company licen sed to trans ac t surety business in Cali fornia , and sha ll be sati sfactory to C ity. As
part of the o bligation secured by the Security a nd in addition to the face amount of the Security,
the Deve loper or its surety sha ll secure th e costs and r easo nab le expenses and fees, inc lud ing
reason able attorney's fees a nd costs, incurred by C ity in enforcing the obligations of this
Agreement. The Developer an d its sure ty stipul ate a nd agree that no change, extens ion of time,
altera tion, or addition to the term s of this Agreement, th e Public Improvements, or th e plans and
specifications for the Publi c Improveme nts s hall in a ny way affect its obliga ti o n on the Security.
12.5 Form of Security. T he evidence of the Secu ri ty sha ll be provided on the
forms set forth in Attachment "C", un less other f orms are deemed acceptable by the City Engineer
and the C ity Attorn ey, and when such forms are completed to the sat isfaction of City, the forms
and evidence of the Security shall be atta ched h ereto as Attachment "C" and incorporated here in
by thi s re ference.
12.6 Developer 's Liability . W hi le no action of Developer shall be require d in
order for C ity to reali ze o n its security und er any Security instrument, Developer agrees to
cooperate with C ity to facilitat e City's reali zation under any Secu rity in strument, and to take no
action to prevent City from s uc h rea li zati on under any Security instrument. Notwithstanding the
g iving of any S ecurity instrument or the s u bsequent expiration of any Security instrument or any
failure by any surety or fmanci a l institution to perform its obligations with resp ect thereto,
Developer s hall be persona ll y li a ble for performance und er this A greement and for payment of the
cost of the lab o r and materi a ls for th e improvements required to be cons tructed or insta ll ed h ere by
and shall , wi thin ten (10) days after written de m an d therefor, deliver t o C ity such substitute
Security as C i ty s hall require sati sfying the requir ements in this Section 12.
13. MONUMENT SECURITY. Prior to City's execution o f this Agreement, to
guarantee payment to the e nginee r or surveyor fo r the setting of all subdivision b ou ndaries, lot
P age 8 of 15
co m ers, and street centerline monuments for Tract No. 73258 in compliance with the applicable
prov is ions of City's Municipal and/or Development Code ("Subdivision Monuments"), Developer
shall de posit cas h with City in th e amount of ze ro Dollars ($0), wh ich s um sha ll not be le ss than
o ne hundred percent (1 00%) of the costs of setting the Subdivis io n Monuments as determined by
the C ity Engineer. Said cash depos it may be r eleased by written authorization of the City E ngi neer
after all required Subdivi sion Monwnents are accep ted by the C ity En gineer , C ity has received
written ackn ow ledgment of payment in full f rom th e engin eer or surveyor who set the Subdivision
Monuments, and provided Developer is no t in default of any provision of thi s Agreement or
condition of app roval for Tract No. 73258 .
14. LIEN. To secure th e tim e ly p erformance of Developer 's obligations under this
Agreeme nt, in cl uding those obl igations fo r w hi ch security ha s been provided pursuant to Sections
12.0 et ~-and 13.0 of this Agreement, Developer here by creates in favor of City a lie n against
all porti ons of the Property not dedicated t o C ity or some other governmental agency for a pub lic
purpose. As to D evelop er's default o n those obl igations fo r wh ich security has been p rovided
purs uant to Sections 12.0 et seq. and 13.0 of thi s Agreement, City shall first attempt to collect
against such security prior to exercising its ri g hts as a contract lienholder under thi s section.
15. SIGNS AND ADVERTISING. Developer understands and agrees to City's
ordinances, regu lati o n s, and requirements governing signs and advertising structures. Developer
h ere by agrees with and consents to the summar y removal by City, without notice to Developer, of
a ll signs o r other adverti s ing stmctur es er ected, p laced, or situ ated in v iolation of any City
ordinance, regulation, or other requirement. Removal s hall be at th e expense of D eveloper and its
surety. Developer and its surety sha ll indemnify and hold City fr ee an d h armless from any claim
or demand aris ing out of or incident to signs, advertising s tmctures, or their removal.
16. INDEMNIFICATION. Develop er sh all d efend , indemnify, and hold harmless
City, its e lec ted officia ls, officers, employees, and agents from any and all actual or alleged claims,
demands, causes of action , li ability, loss, damage, or injury, to property or persons, including
wro ngful death, w h ether imposed by a court of law or by administrative action of any federal ,
state, o r local governmenta l body or age ncy, arising out of or inc ident to any ac ts, omissions,
negli gence, or w illful misconduct of D eve lo pe r, its perso nnel , employees, agents, or contractors
in co nnecti on with or ari sing o ut of construction or mainten ance of the Public Improvements, or
performa nce of this Agreement. Thi s ind emnifi cati on includes, w ith out li mitation, the payment
of a ll p ena lties, fi n es, judgments, awards, decrees, attorneys' fees, and re lated costs or expenses,
and the reimbursement of C ity, its e lected offi cia ls, officers, employees, and/or agents for a ll legal
expenses and costs incurred by eac h of them. Thi s ind em nifi catio n exclu des on ly su ch portion of
any claim, demand, cause of action , li ab ility, loss, damage, penalty, fin e, or injury, to property or
p ersons, incl uding wrongful death , w hich is caused so lely and exclusively by the gross neg ligence
or w illfu l mi sconduct of C ity as determin ed by a co urt or admini strati ve body of competent
j ur i sdiction . D eveloper 's obligation to ind emnify City shall survive the expiration or termination
of thi s Agreement, and s hall not be restr icted to insuran ce proceeds, if any, rece ived by C ity, its
e lected officials, officers, employees, or agen ts.
17. INSURANCE.
17.1 Tvpes~ Amounts. Developer sha ll procure and maintain, a nd s ha ll require
its contractors to procure and m a inta in , during co nstmction of any Public Improvement pursuant
P age 9 of 1 5
to thi s Agreement, insurance of the types and in t he amounts de scrib ed below. If any of th e
Required In surance contains a general aggregate limit, such insmance s hall apply separately to
thi s Agreement o r be no less than two times the specified occurrence limit.
17 .1.1 General Liability. D eve lop er an d it s contractors shall procure an d
maintain occurrence ver sion gener al liabi lity in sm ance, or eq uivalent form, with a combined s ingle
limit of not less than $3 ,000,000 p er occurrence for bodi ly inj ury, personal injury, and property
damage.
17.1.2 Business Automobile Liability. D eveloper and its contractors shall
procure and maintain business automo bile li a bili ty in sm ance, or equi valent fo rm , w ith a combined
s in gle limit of not less th an $1,000,000 per occunence. Such in surance shall inclu de coverage for
the ownership, op eration, m a intenance, use, loading, or unloading of any vehicle owned, l eased,
hired , or borrowed by the in sured or for which th e in sured is responsible.
17 .1.3 Workers' Compensation. Develop er and its contractors shall procure and
main ta in workers' compensation in surance w ith li mits as r equire d by the Labor Code of the State
of California and employers' liabi lity insurance with limits of not less than $1,000,000 p er
occurrence, at a ll times during w hi ch in sured re tain s em ployees.
17 .1.4 Profess ional Liability. For any co nsultant or other professional wh o will
engineer or des ign the Public Improvements, li ab ility in surance for error s and omissions w ith
limits not less than $1,000,000 per occurrence, s ha ll be procured and maintained f or a period of
five (5) year s following completion of the Public Im provements. Such insurance shall be endorsed
to include contractual liability.
17.2 Deductibles . Any de ducti bles or self-ins ured retentions must be declared
to and approved by C ity . At the option of City, either: (a) the insurer s hall reduce or eliminate
such d e ductib les or self -i nsured retentions as respects C ity, its e lected offic ials, officers,
employees, agents, and volunteers; or (b) D eve loper and its c ontractors shall provide a financia l
guarantee satisfacto r y to C ity guaranteeing p aym ent of losses a nd related investigatio n costs,
claims, and adminis trat ive and defense expenses.
17.3 Additional Ins ured; Separation of Insureds . The Required Insurance
shall nam e C ity, its elected officials, officers, employees, agents, and vo lun teers as addi ti onal
insureds w ith r espect to work p erfo m1ed by or on beh alf of Develo per or its contractors, including
materials, parts, or equipment furnished in connection the rewith . The R equ ir ed Insurance shall
co nta in standard separati o n of insured provis ions, and sh a ll contain no special limitations on the
scope of its protection to C ity, its elected offici a ls, offic ers, e mployees, agents, an d vo lun tee rs.
17.4 Primary In surance; Waiver of S ubrogatio n . The Required Insmance
shall be primary with respect to a ny insurance or se lf-insurance progra ms coverin g City, its elected
officials, officers , employees, agents, and volunteers. All policies for the Required Insuran ce shall
provide that the ins urance company waives all ri ght of recovery by way o f su brogation against
City in connection w ith any damage or harm covered by such p olicy.
17.5 Certificates; Ve rification . Deve loper and its contractors shall furn ish City
with origina l certificates of insurance and endorsements e ffecting cover age for the Required
Insurance . The certificates and endorsements for each in surance policy sha ll be signed by a p erson
P age 10 of l S
authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must
be received and approved by City before work purs uant to thi s Agreement can begin. City re serves
the right to r equire complete, certified copies of a ll required insurance policies, at any tim e.
17 .6 Term; Cancellation Notice. D eve loper and its contractors shall maintain
the Required Insurance for the term of this Agree ment and shall replace any certificate, p olicy, or
endorsement which will expire prior to that date. All policies shall be endorsed to provide that the
Required Insurance shall not be susp ended, voided , reduced, canceled , or all owed to expire except
on 30 days' prior written notice to City.
17.7 Insurer Rating. Unless approved in wntmg by City, all Required
Insurance shall placed with insurers licensed to do business in the State of Califomia and with a
current A .M . Best rating of at least A: VIII.
18. DEFAULT; NOTICE; REMEDIES .
18.1 Notice. If Developer n eg lects, refu ses , or fails to fulfill or timely complete
any obligation, term, or condition of this Agreement, or if City detem1ines there is a violation of
any federal, state, or local law, ordinance, regul ation, code, s tandard , or other requirement, City
may at any time thereafter declare Developer to be in default or violation of this Agreement and
make written demand upon D eve loper or its surety, or both, to immediate ly remedy the d efault or
violation. Developer sh a ll co mmence the work required to remedy th e default or violation within
ten (1 0) days of the written d e mand from the City. If the default or vio lation constitutes an
immediate threat to the public health , safety, or welfare, City may provi de the demand verbally,
and Developer shall commence the required work w ithin twenty-four (24) hours th ereof.
Immediately upon City's is s uance of the demand to remedy the default, D eveloper and its surety
sh all be liab le to City for a ll cos ts of construction and ins tall a tion of the Public Improvements and
all other administrative costs expenses as provided for in Section 9.0 of thi s Agreement.
18.2 Failure to Remedy; City Action. If the work required to remedy the
noticed default or vio lation is not diligently prosecute d to a substantial completion acceptable to
City within a reasonable tim e designated by the City, City may complete all remaining work,
arrange for the completion of all re maining work, and/or co nduct such remedial activity as in its
so le and absolute discretion it be lieves is required to remedy the default or vio lation. All such
work or remedial activi ty s ha ll be at the sole and abso lu te cost, expense, and li ability of Develo per
and its surety, without the necessity of giving any futther notice to Deve loper or surety. City's
right to take such actions shall in no way be limited by the fact that Developer or it s surety may
have constructed any, or non e of the required or agreed upon Public Improvements at the time of
City 's demand for performance. In the event C ity elects to complete or arrange for completion of
the remaining work and improvements, City may requir e all work by D eve lop er or it s surety to
cease in order to allow adequate coordination by City. Notwithstanding the fore go in g, if
conditions precedent for reversion to acreage can be m e t and if the interes ts of City will not be
prejudiced thereby, C ity may also process a revers ion to acreage and thereafter recov er from
Developer or its surety th e full cost and exp en se incmred .
18 .3 Other Remedies. No action by City pursuant to Section 18.0 e t ~·of thi s
Agreement shall prohibit City from exercising any other right or pursuing any other legal or
equitable remedy avai lable under this Agreement or a n y f ederal, state, or local law . C ity may
Page 11 of 15
exerc ise it ri ghts and remedi es ind ep endentl y or cumulatively , and City m ay pursue inconsistent
remedies. City may in stitute an action for damages, injunctive reli ef, or specific performance.
19. GENERAL PROVISIONS.
19.1 Authority to Enter Agreement. Each Party warrants that the individuals
who have signed this Agreement have the legal power, ri ght, and authority make thi s Agreement
and bind each respective Party.
19.2 Cooperation; Further Acts . The P arties sha ll fully coo perate with one
a nother, and shall take any ad ditional acts or s ign a ny add itional d ocuments as may be necessary,
a ppropriate, or convenient to attain the purposes of thi s Agreement.
19.3 Construction; References; Captions. It be in g agreed the Parties or their
agents have participated in the preparation of thi s Agreement, th e language of this Agreement s ha ll
be construed s imply, according to its fair meaning, a nd no t strictl y for o r aga in st any P arty. Any
term referen cin g time, days, or p eri od for performance shall be deemed calendar days and not work
days. All refer ences to Developer include all personne l, employees, agents, a nd su bcontractors of
Developer, except as otherwise sp ecified in this Agreement. All refe rences to C ity include its
e lected officials, officers, employees, age nts, and volunteer s except as otherwise specified in this
Agreement. The captions of the various articles and pa ragraphs are for convenience and ease of
reference onl y, and do not defi n e, limit, au gment, or describ e th e scop e, content, or inten t of thi s
Agreement.
19.4 Notices. All notices, de mands, in voic es, and wr itte n communications s ha ll
be in writing and delivered to the fo ll ow in g addresses or such other addresses as th e Parties may
designate b y written noti ce:
CITY:
C ity of T emple C i ty
Attn: Bryan Cook, City Manager
970 1 Las Tunas Drive
Temp le C ity, Ca li fornia 9 1780
DEVELOPER:
LTCP LLC
Attn: Eric Chen or Steve Yuhao Su
11 9 A LA PORTE ST
ARCADIA, CA 91008
Depending upon the m e th od of trans mitta l, notice s ha ll be dee m ed received as follows: by
facsimi le, as of the date and time sent provided the origina l is contemporaneous ly deposited w ith
United States P ostal Service and delivered by regular m a il ; by messenger, as ofthe d ate delivered;
and by U.S . Mail first cl ass postage prep a id , as of72 hours after deposit in the U.S. Mail.
19.5 Amendment; Modification . No s upplem ent, m odification, or amendment
of this Agreement shall be binding unless exec uted in writ ing and s igned by both Parties.
Page 12 of lS
19.6 Waive r . City's fai lure to in s ist upon s trict complian ce with any prov is ion
of this Agreement or to exercise any right or pri v il ege prov ided herein, or City's waiver of any
breach of thi s Agreeme nt, shall not reli eve Developer of any of its ob li gations under thi s
Agreement, w hether of the same or s imilar type. The foregoin g shall be true whether C ity's actions
are intentiona l or unintentional. Developer agrees to waive, as a defense, co unterclaim or set off,
any and all defects, irregulariti es or deficiencies in th e authoriza ti on, execution or performance of
the Public Improvements or thi s Agreement, as well as the laws , ru les, regulatio ns, ordinances o r
re so lutions of City with regards to the authorization, execution or performance of the Publ ic
Improvements or this Agreement.
19.7 Assignment or Transfer of Agr ee m en t. D eveloper s hall not assign,
hypothecate, or transfer, either directly or by ope rati o n of law, thi s Agreement or any interest
herein without prior written consent of C ity. Any attempt to do so s hall be null and void, and any
assignee, hypothecatee, or transferee shall acquire no ri ght or interest by reason of such attempted
assignment, hypothecation, or transfer. U nl ess specificall y stated to th e contrary in C ity's written
consent, any assignment, hypo th ecation, or tran sfer s ha ll not release or di scharge D evelop er from
any duty or res ponsibility under this Agreement.
19.8 Binding E ffect. Each and a ll of the covenants and condi tions sha ll be
binding on and shall inure to the benefit of the Parties, and their successors, h eirs, personal
representativ es, or assign s . This section s ha ll not be co nstrued as an authori zation for any Party
to as s ign any tight or obligati on.
19.9 N o Third Party Bene fici a ries . There ar e no intended third party
be neficiaries of any ri ght or obligation assumed b y the Parties.
19.10 Invalidity; Severability. If any po rtion of this Agreement is declared
invalid, illegal, or otherwise un enforceab le by a court of co mpetent jurisdiction, th e re maining
provisions shall continu e in full force and e ffe ct.
19.1 1 Consent to Jurisdiction and Venue. This Agreement shall be co nstrued
in accordance with and governed by the laws of the State of California. Any legal action or
proceeding brought to interpret or enforce tlli s Agreement, o r w hi ch in any way arises out of the
Parties' activities undertaken purs uant to thi s Agreem ent, s hall be filed and prosecuted in the
appr opriate California State Court in the County of Lo s Angele s, California. Each P arty wa ives
the b enefit of a n y provision of state or federa l law provi ding for a c han ge of venue to any oth er
court o r jurisd icti on including, witho ut lim itation, a change of venue based on the fact that a
governmental entity is a party to the actio n or proceeding, or tha t a feder a l right or question is
involved or alleged to be invo lved in the action or proceeding. Without limiting the generality of
the foregoing waiver, Deve loper express ly wai ves a ny ri ght to have venu e transferred pursuant to
Cali fornia Code of C iv il Procedure Section 394.
19.12 Attorneys ' Fees and Costs . If a ny arbitrat ion, laws uit, o r other legal acti on
or proceed in g is brought by one Party against the o ther Party in connecti o n with thi s Agreeme nt
or the Prope rty, the prevai lin g party, whether by fin al judgment o r arbi tra ti o n award, sha ll be
enti tl ed to and recover from the other party all Liti gatio n Expenses. Any judgment, order, or award
entered in such legal act ion or proce edi n g s hall contain a s pecific provi s ion providing for the
recovery of Litigation Expenses.
P age 13 of 15
19 .1 3 Relationship Between T he Parties . The Parties hereby m u tually agree
th at neither this Agreement, any map rela ted t o T ract No. 73258, nor any other re lated entitlement,
p ermit, o r approva l i ss ued by City for t he P rop erty s ha ll operate to create the relations h ip of
partner shi p, j oi n t ve nture, or agency between C ity an d D evelope r. Developer's contractors and
subco ntrac tors are excl usively and solely und e r the contro l and dominion of Developer. othing
her ein shall be deem ed t o make D evelop er or its co n tractors an agent o r contractor of C ity.
19.14 Co unterparts . This A greement m ay be executed in counterpart origina ls,
w hi ch taken togeth er, sh all co nst itute o ne a nd th e same instrum ent.
19.15 Effective Date of Agreement. Th is Agreement shall not become effective
until the date it bas been f orma ll y ap proved by the C ity and execute d b y the appr o p riate authorities
of City an d D evelo per .
IN WITNESS WHEREOF, th e pm1i es hereto have executed t his Agreem e nt on the date
and year fir st-above written .
CITY OF TEMPLE CITY
B y: ____________________ ___
B ryan Cook, C ity M anager
ATTEST:
B y: ------------------------P eggy Kuo, City C le rk
APPROVED AS TO FORM
B y: ----------------------------Eri c S. Vail , C ity Attorney
Page 14 of 15
LTCPLLC
By ~
E ri c Chen
Its: M an agin g M ember Its : M an agin g Memb er
NOTE: DEVELOPER'S SIGNATURES SHALL BE DULY NOTARIZED , AND
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE
REQUIRED BY THE BYLAWS , ARTICLES OF INCORPORATION , OR
OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPE R'S
BUSINESS ENTITY.
Pa ge IS of IS
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
lll*lltttll*lllttll*llttttll*llttltltllltllttlll*lltttttttttttttl*lll*lllttllltlllllll*llltllt
A notary public or other officer completing this certificate v erifies only the ide ntity of t he individua l who
signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity
of that document.
State of ca lifomia }
County of los Ange les _
On 12-08-2016 before me, KE J I A WAN , Notary Publ i c
(fns«t NqfiW of Notary Pub«c and T/tJQ)
pe~onal~appeared ___ E_r_ic __ C_h_e_n __ a_n_d __ S_te_v_e __ Y_u_h_a_o __ Su ________________________________ __
who proved to me on the basis of satisfactory evidence
to be the person(s) w hose name(s) is/are sub~ribed to
the with in instrument and acknow ledged to me t::hat
he/she/they executed the same in his/he.-/their
authorized capa city(ies). and that by his/her/their
signature(s) on the instrument the person (s), or the
entity upon beha lf of whim the person(s) acted,
executed the instrum ent. \....,-
I certify under PENAlTY OF PERJU under the laws of
the State of california that the to egoi ng paragraph is
true and corrett
---------------------------OPnONAL--------------------------Though the informadon is not requiff!!d by law, it may prove valuable to persons rElying on the document and could
prevent fraudulent removal and reattachment of this Form tu another document.
Description of Attached Document
Trtl e of Type of DOOJment : ~S,_u,..b_d_i_v_i_s_i_o_n _I_m~p~r_o_v_e_m_e_n_t_A_;g~r_e_e_m_e_n_t __ F_i _a _nb_;l __ T_;r_a_:c_;t___;_:M_;a£_p-:-::-----------
O~mentDa~:--1_1_-_3 0_-_2_0_1_6 ___________________________ NumberofPag~:--__ 1_5 __________ _
S~n~s)~rThanNamedAhove: ____________________________________________________ __
Capacity{ies} Claimed by Signe.-(s )
~gne~s Name: ________________________ _
0 Individual
0 Corporate Offiay-Title(s)· -.
0 Partner 0 Li m ited 0 General _L .L _.
0 Attorney in Fact
0 Tr u~e
0 Guardian or Conservaoor
0 Other:
~gner is Representing:
S igner's Name :-------------------------
0 Individual
0 Corporate Officer-Title{s): ---------------
0 Partner 0 limited 0 General ... .3. ...... ,...
0 Attorney in Fatt
0 Trustee
0 Guardian or Conservator
0 ~er-: ________________ __
Sig ne r is Repr-esenting:----------
EXHIBIT "A"
LEGAL DES CRIPTION OF PROPERTY
TRACT NO . 73258
IN THE CITY OF TEMPLE CITY, COUNTY OF LOS ANGELES, STATE OF
CALIFORl lA
BEING A SUBDIVISION OF A PORTION OF LOT 4 AND 6, AN D ALL OF LOT 5
BLOCK "B" OF TRACT NO . 10821 , AS PER MAP RECORDED I N BOOK 205 , PAGE
11 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID C OUNTY
~----
EXHIBIT "B"
LIST OF PUBLIC IMPROVEMENTS
TRACT NO. 73258
THE FOLLOWING ARE REQUIRED FOR TH E OFF -S ITE IMPROVEMENTS:
68 . Install new T-intersection for pnva te easement 1n accordance with Standard Plans for Public
Works Construction {SP PWC ) as directed by the C ity Engineer or his/he r designee .
69. Install a new c urb ramp at both corners of La Rosa Drive and new Private Street in accordance
w ith SPPWC Standard Plan 111 -5 and as dire cted by the City Eng ineer or his/her designee.
70. Close existing driveway apron , and install necessary improvements (parkway, landscape,
sidewalk, curb and gutter. any others as applicable) to match required adjacent section s, and
as directed by th e C ity Eng ineer o r his/her designee
71 Insta ll a new con crete s id ewalk along the length o f the property frontage in accordance w ith
SPPWC Standard Plan 113-2 , and as direc ted by the City Engineer and/or his/her des1gnee
72. Remove and replace broken and off grade curb and gutter in accordance w ith SPPWC
Standard Plan 120-2, and as directed by the City Eng ineer or his/her designee.
73. Water meters shall not be loca ted in the side wa lk as directed by the City Eng ineer or his/her
designee . If app licable, relocate existing water meter
74 . Install new street light to match existing street light standards in the street block. and as
directed by the City Engineer or his/her designee.
75. Pay in lieu fee to rehabilitate exis ting AC street pavement along the length of the property
fron tage to the centerline of the street as mdicated below , and as directed by the C1ty Eng in eer
or his/her designee: Grind ex isting pavement to a depth of 2" and overlay new AC .
76. Underg ro und all services to the property .
77 The sewer area study shows ex1s ting sewer system has inadequate capacity for the proposed
develo pment. Sewer mitigation measures are required per the County of Los Angeles
guidelines and satisfaction of the City Engineer or his/her designee:
EXHIBIT "C"
SURETY BONDS AND OTHER SECURITY
TRACT NO. 73 258
As ev id ence of und er standin g the pro v isio ns contained in thi s Agreeme nt , a nd of the Dev eloper 's
intent to comp ly w ith same, the Developer has s ubmitted the below d escribed secur ity in the
amounts required by thi s Agreem ent , and has affix ed th e appropria te s ignatures thereto:
PERFORMANCE BOND PRINCIPAL AMOUNT: $ .....:1:....::.6.!.._,4_:_00.:__ ____ _
Surety: CHECK #108 1 D ATED l l/22/20 16
Attorney-in-fact:
Address :
MATERIAL AND LABOR BO D PRI NC IPAL AMOUNT: $ __:1:....:6.!..._,4:...:.0..:..0 __ _
Surety: CHECK #1081 DATED 11122/20 16
Attorney-in-fact:
Address:
CASH MO UMENT SECURITY: $:....__0=-----------~-
Amount depos ited per Cash Recei pt No. $ 32 ,800 Date: 11/22/2016
88 /34450
OTY OF WJU Oil
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CITY CF TEMPLE CITY
Adlinistrative Services
626 285-2171
City of Terr.,le CU:y 68 I 34450
11/22/20 16 14!35 ;10.000 Reg COEV-8HHTWR 1
~ Validation Receipt
CHARGES-
012~1
230 1 10034-10044 LA ROSS
Sob-total
PAY~ENT
Check -1081
Business Hours!
$
lliANK YOO !
32800.00
32800.00
7 :3D-6: 00 Honday thr<Ju!tl F r 1 day
------------
r------------ -
EXHIBIT "D ''
LIST OF TRACT MAP CONDITIONS
OF APPROVAL NOT SATISFIED
PUBLIC IMPROVEME NTS NOT SATISFI ED
68 . Install new T-intersection for private easement in accordance with Standard Plans for Public
Works Construc tion (SPPWC) as directed by the City Engineer or his /her designee .
69 . Install a new curb ramp at both corn ers of La Rosa Drive and new Priva te Str eet in acco rd an ce
with SPPWC Standard Plan 111-5 and as directed by the City Eng ine er or his/her des ig nee .
70. Clo se exi sting driveway apron, and ins tall necess ary improv ement s (p arkw ay, land scap e,
sid ewalk , curb and gutt er. any others as app li cable) to match requ ired adjacent section s, and
as directed by the City Eng ineer or his /h er des ignee .
71 In stall a new conc rete sidewalk alon g the length of the property frontage in accordance wi th
SPPWC Stan dard Plan 113-2 , and as directed by the City Engin eer and/o r his/her designe e
72 . Remove and rep lace broke n and off grade curb and gutter in accordance with SPPWC
Standard Plan 120-2, and as directed by the City En gineer or his/her des ignee .
73. Water met er s shall not be loc ated in the side walk as directed by the City En gine er or his/h er
designee . If applicab le, re locate exist ing water meter.
74. Ins tall new street light to match ex ist ing street light standards 1n the street block , and as
directed by the City Engineer or his/her designee .
75 . Pay in lie u fee to rehab ili tate ex isting AC stree t pavement along the length of the property
fron tage to the cent erline of the street as indicated below, and as di rected by the City Eng ineer
or his/he r des ign ee : Grind exis ting pavement to a depth of 2" and ove rlay new AC
7R l lnciP.rnrm mrl ;Jll ~P.rv ir.P.~ to thP. orooP.rtv
-------------
Applica nt: LTCP LLC
City of Temple City
Public Works Engineering Division
Plan Check Fees
Location :
Project
1 0034-1 0044 LA ROSA
SIX SFD
Date 1 1/30/201 6
FINAL RECEIPT
liN-LIEU FEES
PERFORMANCE SECURITY DEPOSIT
LABOR & MATERIAL SE CURITY DEPOSIT
Gra ding Secur ity De p osit
CY-Cut CY-Fill CY-OE
4 53 254 3298
PLAN REVIEW DEPOSITS
PARCEL OR TRACT MAP PROCES SING
Subtotal Pla n Review Fee Deposit
Ac tual Plan Review Fees
21.3% City's ad ministrative cost
Pai d by applicant
FI LED 11 /2 2/2016 REC#68/34 45 0
FILED 11 /22/20 16 REC#68/34450
DEPOSIT
OUTSTANDING PLAN REVIEW FEES & CITY ADMINSTRATIVE FEES
Notes:
1. Bu siness License Fe e to be pa id by contractor prior to co nstruction.
2 . Does not include encroachment/excavation fee for off-s ite i mproveme nts
$8 ,900 .001
$1 6 ,400 .00
$1 6,4 00 .00
$4 ,006 .80
$0.00
$0.00
$4,425.50
$942.63
$5 ,368.13
NUMBER OF LOTS: 6
NUMBER OF LETTER LOT: 1
AREA IN LOTS 45,962 S.F.
AREA IN LETTER LOT: 8415 S.F.
TOT AL AREA: 54,377 S.F.
TRACT NO. 73258
Attachment 8
SHEET 1 OF 2 SHEETS
IN THE CI TY OF THE TEMPLE CITY
COUNTY OF LOS AN GELES, STATE OF CALIFORNIA
BEING A SUBDIVISION OF A PORTION OF LOTS 4 AND 6, AND ALL OF LOT 5
BLOCK ·s· OF TRACT NO. 10821 , AS PER MAP RECORDED IN BOOK 205, PAGE
11, OF MAPS. IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
FOR SU B DIVISION PURPOSES
O'M'IER'S STATEMENT
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TRACT NO. 73258 SHE ET 2 OF 2 SHEETS
I
ro sa:w, STM'P£D lS 15970, P£R LA CO
PW'8 1427-203l-20.34, fiT 4 fl) UtT
IN THE CI TY OF TEMPLE CITY
COUNTY OF LOS ANGELES, STATE OF CALI FORNIA
FOR SUBD IVISION PURPOSES
nt:~S PER SAIO FB, ACC£1'1tl> AS Ct\ til. ~ ~
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