CC - Item 7F - Approval of Undertaking Agreement for Parcel Map No. 70141 - 2436 Delta Ave4y- ROSEMEAD CITY COUNCIL
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Q¢ STAFF REPORT
/N~DRPoRnTED 1959
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER
DATE: OCTOBER 13, 2009
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SUBJECT: APPROVAL OF UNDERTAKING AGREEMENT FOR PARCEL MAP NO.
70141 - 2436 DELTA AVE
SUMMARY
The Undertaking Agreement for Parcel Map No. 70141 is being submitted for consideration and
approval to guarantee construction of public improvements subsequent to the recordation of the
parcel map.
Staff Recommendation
Staff recommends that the City Council approve the Undertaking Agreement for Parcel Map No.
70141 and direct the City Clerk to arrange for the recordation of the map.
ANALYSIS
The Rosemead Planning Commission approved Tentative Parcel Map No. 70141 subject to
Conditions of Approval that require the subdivider to construct new sewer laterals, driveways,
and curb and gutter prior to recordation of the final map. If the public improvements are not
constructed prior to recordation of the final map, the subdivider must execute an undertaking
agreement and provide a Faithful Performance Bond and Labor and Materials Bond in an
amount estimated by the City Engineer. The undertaking agreement guarantees construction of
the public improvements within two years. In lieu of surety bonds, the subdivider has provided a
cash deposit in the amount of $9,350.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared By:
Lucien J. LeBlanc, P.E.
City Engineer
Submitted By-
Chris ^
Marcarello
Deputy Director of Public Works
Attachment A: Undertaking Agreement
Attachment B: Cash Receipt
Attachment C: Parcel Map No. 70141
ITEM NO. -2L_
APPROVED FOR CITY COUNCIL AGENDA:
Sep 08 03 08:34a 6265692303 p.2
CITY OF ROSEMEAD •
UNDERTAKING AGREEMENT
THIS AGREEMENT made and entered this et day of J 2009, by and'
between the CITY OF ROSEMEAD, State of California, acting by and through its City
Council, hereinafter referred to-as; 'CITY' . and
KEm T + VtJ I4 Tu QY 2),qm
(NAME)
3 DELTA W D3EI~EHD,CR 11116
(ADDRESS)
hereinafter called the "CONTRACTOR."
WITNESSETH:
FIRST: The CONTRACTOR, for and in consideration of the approval of the final
map of that certain land division known as Parcel Map 70141 hereby agrees, at the •
CONTRACTOR'S own cost and expense to furnish all labor, materials, and equipment
necessary to perform and complete, and within twenty-four (24) months from the date of
filing of said map, to perform and complete in a good and timely manner, the following work,.
to wit:
Construct sewer laterals, driveways, and curb and gutter.
Said work. shall be done to the satisfaction of the City ' Engineer and shall not be
deemed complete'until.approved and accepted as completed by the. City Council of the
CITY. The estimated cost to do all work and furnish all materials necessary to complete the
work is $6.210.
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Sep 09 09 08.:34a 6265692303 p.3_
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SECOND:. The CITY shall not nor shall an
eof
be liable or
l
ee th
ff
y o
icer or emp
oy
er
,
responsible for any accident, loss, or damage happening or occurring to the work specified
in this agreement prior to the completion and approval of same; nor shall the CITY; nor any
officer or employee thereof; be liable for any persons or property injured by reason of the
nature of'said work, or by reason of the acts or omissions of the CONTRACTOR; his agents,
or employees, in performances of said work. Ali of said liabilities shall be assumed by the
CONTRACTOR. The CONTRACTOR further agrees to protect and hold harmless the CITY,
its officers; and employees in performance of said work. All of said liabilities shall be
assumed by the CONTRACTOR;.
The CONTRACTOR further agrees to protect and hold harmless the CITY, its
officers, and employees, from any and all claims, demands, causes of action, liability, or loss
of any sort because.of, or arising out of, the acts or omissions of the CONTRACTOR, his
agents, and.employees, in the performance of this agreement, or arising out of the use of
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any patentor patented article, in the performance of said agreement
THIRD: The CONTRACTOR hereby.grants to the CITY, the Surety upon any Bond,
and to the agents, employees, and CONTRACTOR or either of them, the irrevocable
permission to enter upon the lands of the subject land division for the purpose-of completing
the work. This permission shall terminate in the event that the CONTRACTOR or the Surety
has completed the work within the time specified orany extension thereof granted by the
City, Council:
FOURTH: It is further agreed that the CONTRACTOR shall have the control of the
ground reserved for the installation of said work, and *the streets in which.they are to be
placed, as is necessary to-allow him to carry out this agreement.
FIFTH: Contemporaneously with the execution of this Agreement, CONTRACTOR
shall file with the CITY a Cash Deposit in the amount of Nine Thousand-Three Hundred and
Fifty Dollars ($9,350) to guarantee faithful performance of all. the provisions of this
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Sep 09 09 08:34a.
6265692303
agreement and for the payment of all persons performing labor and furnishings materials in
connection with this agreement. If the Cash Deposit, in the opinion of the CITY, becomes
insufficient, CONTRACTOR agrees to renew said Cash Depositwithin ten days of receiving
notice that Certificate of Deposit is insufficient
SIXTH: If the CONTRACTOR neglects; refuses, or fails to prosecute the work with
such diligence as. to ensure its completion within the time specified, or within such
extensions of said time as have been granted by the City Council, or if the CONTRACTOR.
violates or neglects, refuses, or fails to perform satisfactorily any of the provisions of the
plans and specifications, he shall be in default of this agreement and notice in writing of,
such default shall be served upon him and upon any Surety in connection with this contract.
The City Council shall have the power, on recommendation of the City Engineer, to
terminate all rights of the CONTRACTOR or his Surety then existing or which thereafter
occur because of such default. The determination by the City Engineer of the question as to
whether any of the terms of the contractor specifications have been violated, or have not
been performed satisfactorily, shall be conclusive upon the CONTRACTOR, his Surety, and
any and all other parties who may have any interest in the contract or, any portion thereof.
The foregoing provisions of this section shall be in addition to all other rights and remedies
available to the CITY under law.
SEVENTH:- In case suit is brought upon this contract, the CONTRACTOR hereby
agrees to pay to the CITY .a reasonable attorney's fee to be fixed by the Court
EIGHTH: It is further agreed by and between the parties,hereto, including the Surety
or Sureties on any Bohd attached to this contract, that in the event it is deemed necessary to
extend the time of.completion of the work conten plated to be done under this contract, said
extension may be granted bythe City Council, either at its own option, or upon request
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Sep 09 09 00:35a
626.5692303 p,-5
of the CONTRACTOR; and shall in no way, affect the validity of this contract or release the
Surety of Sureties on any Bond attached hereto:.
IN WITNESS THEREOF; the parties hereto for themselves, their heirs, executors,
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By
Mayor of the City of Rosemead
Attested
City Clerk of the City of.Rosem_ed
administrators, successors, and assigns do hereby agree to the full performance of this
agreement and affix their names, titles. and seals this day as above indicated.,
NOTARY PUBLIC •CM1WgNU1
(Seal)
CORY D. CHAD
U COMM #1784564
LOS ANGELES COUNTY 111
Comm. Exp. DEC. 9, 2011
Note:
By f15A) r - Ht)yK)f+
By. i U Y
SIGNATURES MUST BE ACKNOWLEDGED.
BEFORE A NOTARY PUBLIC.
(ATTACH APPROPRIATE ACKNOWLEDGEMENTS)
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CALIFORNIA ALL-PURPOSE
CER'TIFICAT'E OF ACKNOWLEDGMENT
State of California
Countyof°s ~e (~S
On °q-cq- 9R
before me, co2`t o, c e eA ` ND a t P "-c-
(Hem insert name and title of the officer)
personally appeared l--erf-k +kv~4ir-DA f+Pf C~ t-a k-k'-C oa.rA
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Si ureof ry Public
F0 RY D. CWAU
AM COMM. V764K4
70 a760
r //IxlLIC.GUFOItlM
OS ANGELES COUNTY
Comm. Exp. DEC. 0, 2011
(Notary Sea])
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RECEIPT POR PAYMENT
CITY OF ROSEMEAD
8838 FAST VALLEY BOULEVARD
ROSEMEAD, CA 91770
626.569.2100 (M - TH 7:00 - 6:00 PM)
x113 to 4ve' /
<7o/ s/- / )
4Uur'
710
DESCRIPTION
B
i
CODE
DESCRIPTION
u
lding Permit Fees
100
Refundable Deposits
713
Strong Motion Fees
820
Building/Field Rental/Supt/
720.
PubIM Works Penni(s
843
Class Registration
712
Occupancy Permlls (Bldg)
844
Excursions
702
Site/Sign Plan Review Fees
821
Sr Lunch Prog (RCRC)
700
Occupancy permits (Plan]
822
Sr Lunch Prog (GCC)
707
Vvi!d;ife Exemption Fee
123
Miscellaneous Revenues
LJ
4REA: 14,497 S.F.
PARCEL MAP NO. 70141
IN THE CITY OF ROSEMEAD -
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
BEING A SUBDIVISION OF PARCEL 6 OF PARCEL MAP
RECORDED IN BOOK 7 PAGE 76 OF PARCEL MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
SUBDIVIDERS' STATEMENT:
BE HEREBY STATE INSET BE NE m MORAMS 6 M LRAM MUll® WDp M 9®ABOR
916W M m MM BNN TE DEBT. BASES tNS MU BE O]HIR 10 T[ fiSPAR"DON
AND HNC BE EW V W AND 995NSON'
`x4 .LL ~M~
W oA (v MOFA7 KF7RT HMMx (sueaMDEx)
RECORD OWNERS:
RECORD OMNERS ARE M DAM AND KENT HUMM.
NOTARY ACKNOWLEDGMENT
STATE OF C-FgiMA ]
COUNTY CP LOS AN. )
aI o1-2a_vDLI BEFORE ME cG~ O. 'J ,AkA
A NOTARY WBUC. PERSONALLY APPEARED W DAM ME KENT HUYNH WO PBOHD
TO ME W ME BASS OF SAnSFACTORY EMDENCE TO BE ME PERSONS WHOSE
NAMES ARE SUBSCRIBED TO ME MMIN INSTRUMENT AND AMNONLEDGED TO ME
MAT THEY EMEWTED ME SAME IN NOR AUTHORIZED CAPACITES AND MAT BY
MEP SCNAWRES ON ME NSTRUMENT. ME PERSONS OR ME ENMY UPON
BEHALF BE MACH ME PERMS ACTED. EXECUTED ME INSTRUMENT.
SURVEYOR'S STATEMENT:
MI5 MAP WAB PREPARED DY ME OR UNDER MY EIRECTLN AND IS BABEL UPON A
HELD MRWY W CONFORMANCE MM ME REPIIREMENTS BE ME SIIBCM9CN MAP
ACT AND LFC.LL OSBNMM AT ME REIXIESi BE RENT HUYNH ON ARRA- V. 20C7,
1 NEW®Y STALE MAT TARS PARCEL MAP SUBSTANTMLY CONFORMS TO ME
COWITCNMLY MPROWD TENTAMW MAP. IF Mr. MAT ME MONUMENTS BE ME
CHARACTER AND LOCATIONS SHE" HEREON ARE IN PUCE MAT SAID MONUMENTS
ME SJlCENT TO ENABLE ME SURVEY RI HE RETRACEA
~O I.Ub S-09
F~TS7~66W1 -
EMPIRES: 6-3tt-3010 ~
CITY ENGINEER'S CERTIFICATE:
I NEWSY CERTIFY MAT I HAW CAAM;NFD THIS MM, MAT IT CONFORMS
SIBSTANTALLY TO ME TETRAVW MAP AND ALL MPROMED ALTERATIONS THEPEW.
MAT ALL P WS S 6 9JPLVNSCN ORDINANCES OF ME CITY BE ROSENEN.
APPUCABIE AT ME TIME OF APPROVAL OF ME MNTATW MAP HAVE BEEN
COMPLED WITH; AND ALL PROM90N5 I ME SIBOIMSON MAP ACT SECTION 86H2
(e) (I). (2) AND HAYS BEEN COMPLIED MM.
I L£RTFY UNDER PENALTY OF MARY UNDER ME TAWS BE ME STATE BE
CANaMIA MAT ME FOREGOING PARAGRAPH 1S TRUE AND CORRECT.
.NESS MY HAND
NAME Cc+~Y o C1~ea1
MY PRINCmAL PLACE OF WSHESS IS IN
LOS ANGELES COUNTY.
NOTAR UC W.N.D FOR MY COMMISSION EMPIRES:
SAID STATE MY COMMISSCN NO. Q$ ~
BASIS OF BEARINGS:
ME BEARINGS BID. HEREON ARE BASED OR ME BEARING NOYB'55'W BE ME CENTER
MINE OF DELTA STREET PER MAP RECORDED IN BOOK PAGE 76. OF PARCEL NAPS. W
ME COUNTY RECORDER OFFICE CF LOS ANGELES CWNTY. -
CITY DORMER RCE M.
OF OTY Ci RONSIEAD MY REOSTRATGN EMPIRES V-] 2009
SPECIAL ASSESSMENTS CERTIFICATE
M HEREBT CERTIFY MAT ALL SMEdu ASSESSMENTS LEN. UNDER ME
CF ME OIL' OF ROSE MEAD TO BMCH ME LAND INCLINED W THE MT N
91BON904 OR MY PART MEREEF M 91B.ECT. AND MTOCH MAY BE PAS) W i111L
HAVE BEEN PAD IN FULL
AM
RECORD EASEMENT/WATER RIGHTS HOLDERS:
'
S STATEMENT:
CITY SURVEYOR
RICHARD LARWY, Ha BE WATER RIGHTS. BY OECD RECORDED W BOOR IIDA, PACE
I HEREBY CERTIFY MAT 1 HAYS EYAMWED NES MAP AND HAW FOUND MAT IT .
1S7 AND BY DEED RECMCED W BOOR 1134, PAM SIN, AND BY OECD RECESSED W
CMFOWS MM MAPPING PROM9ORS CI ME 918ON9ON MAP ACT AND MAT I AM
SCI( 126; PACE 16. ML OF DEEDS, RECORDS CF LOS AROES COUNTY.
SATSIED MAT THIS MAP IS TECXMCAL.Y CORRECT. ,
DATED:
YY~'~,
~ O
ms"
I HEREBY CEnn11 MAT Au CERTFCA S HAYS MEN Hlm AND OPDBIT6
L
E
HAVE BEEN MADE MAT ARE REWIRED UNDER ME PROM9ORS OF SECTIONS
OTT S'PIW OR LS NO, 5301
B64B2 AND 66493 BE ME SIBDIMSW MAP ACT.
BF CITY BE ROSEMEAD MY REISTRATICN EMPIRES IS-]1-SIpY
E cnW LEE=, BOARD Ci SIPQMXftS
LW
fF ME COUNTY OF -CS ANSOPR STATE FF CAUFBODA
BY DATE
$
DEPUTY
•4
4 40E~
I HEREBY CERTIFY MAT SECURITY IN ME ANWNT OF B
HAS BEEN FILED WM ME EXECUTIVE OFFICER BOARD CF WPERMSCRS
OF ME COUNTY BE LOB ARGELES AS SECMTY FOR ME PAYMENT ON TAXES
MIND SPECIAL MMSSNFYT5 COLECTED AS TAXES ON THE LAND WOMN ON MAP
BE PARCEL MAP NO. 70141 AS WORMED BY UW.
EHWTR,E OFFICER. BOARD OF S PPFRMSCRS
CF ME COUNTY LF LOS ANGUES STATE BE CA FORNA
BY GATE
DEPUTY`
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SCALE: 1"= 30
PARCEL MAP NO. 70141
IN THE CITY OF ROSEMEAD
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
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