Loading...
CC - Item 7E - Approval of Undertaking Agreement for Parcel Map No. 62966 - 4118 Arica AveROSEMEAD CITY COUNCIL - STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGER DATE: OCTOBER 13, 2009 SUBJECT: APPROVAL OF UNDERTAKING AGREEMENT FOR PARCEL MAP NO. 69266 - 4118 ARICA AVENUE SUMMARY The Undertaking Agreement for Parcel Map No. 69266 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. 69266 and direct the City Clerk to arrange for the recordation of the map. ANALYSIS The Rosemead Planning Commission approved Tentative Parcel Map No. 69266 subject to Conditions of Approval that require the subdivider to construct new sewer laterals, driveways, curb and gutter, and curb drains 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,$7,500 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. 69266 IFTE Vg NO. APPROVED FOR CITY COUNCIL AGENDA: FROM :..INTER-CONTINENTAL TAX 9 INS FAX NO. :626 454 1133 Sep. 01 2009 02:25PM P2 CITY OF ROSEMEAD UNDERTAKING AGREEMENT THIS AGREEMENT made and entered this day of 2009, by and between the CITY OF ROSEMEAD, State of California, acting by and through its City Council, hereinafter referred to as "CITY" and (NAME) I 1 ARA C kvti LoStrM C/D 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 69266 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, curb and gutter, and curb drains. 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 55,000. Co FROM :INTER-CONTINENTAL TAX 8 INS FAX NO. :626 454 1133 Sep. 01 2009 02:26PM P3 SECOND' The CITY shall not nor shall any officer or employee thereof, be liable or 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. 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, 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 any patent or 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 or any 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 Seven Thousand and Five Hundred Dollars ($7;500) to guarantee faithful performance of all the provisions of this agreement and az FROM :INTER-CONTINENTRL TAX & INS FAX NO. :626 454 1133 Sep. 01 2009 02:26PM P4 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 Deposit within 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 contract or 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 Bond attached to this contract, that in the event it is deemed necessary to extend the time of completion of the work contemplated to be done under this contract, said extension may be granted by the City Council, either at its own option, or upon request 0 FROM :INTER-CONTINENTRL TAX & INS FAX NO. :626 454 1133 Sep. 01 2009 02:27PM P5 of the CONTRACTOR, and shall in no way affect the validity of this contract or release the Surety of Sureties on any pond attached hereto. IN WITNESS THEREOF, the parties hereto for themselves, their heirs, executors, 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. ~g / y By (Seal) Note: / ccr~ C~rcJ9 t ~a ~L SIGNATURES MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC. (ATTACH APPROPRIATE ACKNOWLEDGEMENTS) By Mayor of the City of Rosemead Attested City ClerK of the City of Rosemed /hzk, CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California I 1 County of Y U 1) On -100 before me, Date personally appeared C_ who proved to me on the basis o atisfactory evidence to be the person( Whose name i subscribed to the wlt instr ment and a&nowlelge4 to me that she ey ecuted the same in h' er heir authorized capacity i and that by hh, er eir signature( on the instru nt the person(sjjor~tlie entity upon behalf of 1(g) acted, executed the instrument. which the person 80000000000000000000000000000000000000000 ° 00~ CAROLEVANS c R COMM. # 1628967 U NOTARY PUBLIC-CALIFORNIA F SANTA BARBARA COUNTY ? - U My Comm. Exgres pR JANU ? HRY B, 2010 M1YWnngpG°eo°ooocoooaooooooooaooooo0000oooooc Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that-the foregoing paragraph is true and correct. WITNESS my ha d and official seal. Signature Signature of Notary Pudic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer-Title(s): - ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here Signer's Nal ❑ Individual Number of Pages: ❑ Corporate Officer-Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here 02007 National Notary Aasodation-9350 De Soto Ave.,P.O.Bcx 2402-Chatsworth,CA 91313.2402,w NationalNotaryorg ltem#5907 Reader.Cell Toll-Ree1-800.878-6827 2 PARCELS 13,145 SQ. FT PARCEL MAP NO. 69266 IN THE City OF ROSEMEAD, COUNTY OF LOS ANGELES STATE OF CALIFORNIA BEING A SUBDIVISION OF ALL OF LOT 19 AND A PORTION OF LOT 17 IN BLOCK C OF TRACT NO. 12662, AS PER MAP RECORDED IN BOOK 246, PAGES 29 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. SUBDIVIDER '5 STATEMENT 1. THE UNDE➢S I4ED. BEING THE SUBOMDEA OF THE LAND C014AED V RR5 MAP, THE RECORD OWNERS W VR.CH ARE LISTED FREw. DO FECE6e C TDY THAT SAID PECOGD OWNERS CGT:SENT TO THE PPEPAPniiON AND REC W DA DON OF SAID MAP. A S SHOWN WITS¢Y THE DISTGIaIYE BONED NE. ANDREW LE, (SUBDIVIDER) SITE OP CALIFORNIA COUNTY OF Los ANGELES ON THIS L~Meug31y2QQY .aEFwEME. Zh_o.H,gs_~1-Bx~Se-t_ NOTARYN&IG. LLY AWEARED WHOwOYEDTO MECw THEPASTSOFSA ONSTREnN"AN ASE THEPR~'IN WHOSE ETSTE THEWITF. MSTTNMEMAW ACMMI M O . N[5 ME THAT HE HE EXE HITDO "S THE £ GAME AI HIS AIR1N ENT" . SE. 9ENA1F OF S.. CN THE CLST411METTT. ME RD'S. . CC THE 1MF FMiTV ukF1 W MOI TE {FRSON nCTED.'}EMD 1NE P614JM8Ji. I CERTIFY UNDER FRMLTY OF PEAFMYY WEER THE LAWS OF THE STATE W CALIFORNIA THAT THE FOREGOING PARKP.SPH IS Tell AM CWpER. WITNESS MY HAM SuwTw NAME OF MinpYARY SF}`,~,L~-~ CWNTY WWMCN COMMIS5IONED~tLL w DAre COMMISSICNExPmES ~ ,Si.~/.h;F 3y~1 r COM.MI55IDN WMBEP L9A O RECORD OWNERS' NOTE: RECORD OWNERS! ANDREW LE AND.1 VAN HE. RECORD EASEMENTS: HARW V. AACX. AS HOLDER OF A RESERVATION OF EASEMENT POP PC E5. .ARMS. CONWIT5 AM W6 ES FOR TSEPH P4` AM ELECTRIC LLWT iMN5ANEGTON AND ALL PJSLY UTILITY 1 1. WITH AOCISS THERETO, 9V 'I RECORDED OCTOBER N,1961 A5 DCCMA M. MPSSJ OF OFFICIAL RECDROM SOUTHERN uLTFORNIA EDISON COMPANY. LTD. A CORPORATION. AS HOLDER OF AN EASEMENTFORFOLES.6WSANDANOHORS. CROSS-ARMS, WIRES AND OTHER FIXTGPES, 0 DEED RECORDED FEBRUARY R, 19A3 IN SOCK 19170, PAGE 123 AND APPIL 1C. DA2 AS MNMEM M. S]SP-GOTH OF OFFICIALRECW 05. I HEREBY ME THAT ALL CRT6WTES HAVE PEEN FILED AM DEPOSITS HAVE BEN MADE THAI ARE VECUIRED CANCER THE @O... OM SECTIONS A. AM PM93 OF THE wBD[vL5 VJN MAP AR. El£GITIVE OFTTCEA. BOAROCFSW9lVLStl15 OFTFECODNTY WSAGyEL'5.5TATFOFGLSHRIIA DATE DEFF, INERE9YQR THATSENLT' THEAMOUNTOFS HAS BEEN FILED WITH THE OERY OF THE BOARD OF SLMER I50GS OF THE C44NTY OF LOS AMELES AS SECMTIY FOR THE PMMEM OF TAXES AM SPECIAL ASSESSMENTS CCVECTED AS TAXES. THE LAND SHOWN ON MAP OF PARCEL MAP NO. RA2ll AS REQUIRED BY LAW. EXFNRYE OFFICER, GARD OF 51VI5PL5 OF THE COMIY Cf LOS AN6r7ES STATE BY SLRZ EYCW5 STATEMENT SHEET I OF 2 SHEETS THIS .1 AS PRVAPEO9Y ME M uWE➢ MY DCIECTOW AM IS BASED. A F.E SwM -CZFf.1"CE WITH THE eECVCpE. OF THE SU90IVLSIw MAP ACT AM LOCAL IFOCALA EAT THE]EGUEST OF ANCpEW IF ON NINSMSER GO. I.IlFL HERESY STA 7 THA T Trt5 FINA L MAP SUPS TANTTALLY COSIGMS TO THE LLNp[RGIALLV ARVOVEO TMATNEMAP;NATALLTIEMg NCNFFSAREOFTE PnC1EAAw TO OWL. ttErosRMSI ED: THAr Art MGGyMEMS APE wsETCmn OBAUE THE wRVEV TOO PGERG REmACEn / ~ LWHD ~ /HON/ g~CAO V4 Ls.N2losws 4q cdB CITY ENGINEER' 55TATEMENT. I HEREBY 5TATE TEAT I HAVE E(AMPED THIS MAP AM THAT ITCOMORAS SUBSTANTIALLY TO THE TFMATC EMAP ANO ALL ARMORED ALMAFIRMS THEREOF. THAT ALL WavL5.OF SUM.. ORDINANCES OF THEQiY Of GOSER CAD, AWII( G-E AT THE TIME OF A{ VAL OF THE TEMA TIRE MM HAVE BEEN COMRTED WI AND THAT ALL WOVISICM OF THE MJADC SICNMAPARSECRINMAH2 U.HIH W) AM (S)HAVE 1. fO. I LI:Cl£NI LEBVNC oYEp RATIO_, MveE455TpATION EXPIDES III. OF CII OFaTY OFF POS IDEEMEAD CITYSURVEYOR'SSTATEM . , I HEREBY 5TA7 THAT I HAVE EAAMINED THIS MAP AM HAVE IDAHO THAT IT CONFORMS MTH MAWING FRORISIONS OF THE SUBOMSIOJ MAP ACT AM I AM SATISFIED SAID MAP IS iE... CCMICT, DATER1..._'ao _ Al CF JLLFJ.4", 1 .1 S.,ENOR LS. . S30I M LTT/SLNYE my REGISRATI[N FY➢IRE51l-l1-lbN Of CRYOF RD SEMEnO EOM SPECIAL ASSESSMENTS CERTIFICATE I HEREBY CERTIFY THAT Au SPECIAL ASSESSMENTS LEVIED NAER THE ]Ifl .COMION OF THEa OF ROSEMEAO TO wHI. THE LAM IN THE WITHW SU9DMSION W ANY PART THEREOF 155UNSER, AND WHIM MAV BE PAID M FURL, HAVE GEE. PAID IN PILL DATE CI,, C4 OFVOSENFAD oERDTv DATE SCALE: 1" - 40' BASIS OF BEAR GS. SHEET 2 OF 2 SHEETS PARCELWAP NO. 69266 IN THE CITY OF R05EMEAD, COUNTY OF LOS ANGELES STATE OF CALIFORNIA c N]e'3)'Arw STREET. -DA,= y i- ~a o m .g _ _ ____J - 3DC8➢L~ R/- - ITB~ , cJi\ / CURVE DATA TABLE: L, • NO 4 T R L to 'S' `NM p ,•1608' ' 01H' FRD" I]0])' i ' In I'" " RADIAL LINE TABLE: a z9•]I ]r lx 160w 607 a ' 0' Cl IT191' Y09' 60),38' 1W19' I 3 pWFCIIW uo a 08-M 5T 42,M 6W30.491 ' RI 5]VE9',rE ¢Ap. l 1 C5 C6 0%. A,- 604801• S9w' SOTS.' 10.m 11A)'.. TJOT Z + Z 4S 56YE841F RAD. C7 ]0'3V'' 1113 z1 )O W' 11.13' Ow IS N 6' W MD. ' DO T 15. ]6' T.OS 6' .6D. J 1-1I O$ R4 5 0 C9 11 m 850 fan 91190 IM M. r „ Z e1 q ' ' ' CU 11.1608 91]9,)]01) IBIS _ 1` 4Y > \ 43 E RAD, 57V18 EI £ CII 2]'5915 1]889' 617]B ]ILw „ 6 \ 46 5 60 13 30 F RAp. rv'N az OBT6 I1 1515 65]3 Poll \ V 4)56 36'ITF '¢Ap N OY 'A ]5W' I9 y AS S6Yx'R'E'1 RAD 0$ p1 O W, )JO' 6])30 v5. \ . \ 49 61001'E ¢A0. i CSS 00'1353 56 56 CO' SLO: 63]30 O 1 p6 01]]I] 05]1631.30 SD 5110 ! i \ W S SY93 E. ¢AD . ¢ P p] 5 63130 OD] 501 A ¢II N63 W 38W RAD , ` e I ~ p0 p9 On 6 OB' DY5 08' 824' SDx 6]]30 10W 8 9a 1639 30 99 M 4I2 N5T23W W'RAO 3O g lm g4 ' 5 . . 0 ] 3 < RU N 51]O ZY A. u $1 C9 Sf _ 38956 130 I , l ' §I Rw~ al An, RD M 0xI IZOW 050 IO ~ I-. EYE RAD. ¢I SSTM a2 5Ub19' L5ND.W 2]'0 Z IBA. FF N.-DSSTE OF TAEM eRLT1E OF ROSE STREFI, as suOwN S' ON MA90F TRAR NO ;62, RECO¢CEO IN BOO, 3 6, IAFf 39 Of MABS, D, Mc O'-}Z¢ L4D ER ¢F wTITY OF LOS 30' A6KEIi5 CWNTT. Nry EASEMENTN=S. 5' W VF EASEMENT OF HA4¢Y V SUq AS HO_OR OF A RESERYATT. 5 10, Y0.E5 Dt055 ARMS CONFLIT5 ANDW -S FO¢TELEaHO AND MCTRIC Lu TRANSUss52w ANO wlTu AN- FU9 13TILnv M3RYOSE5 ACC_55 11E10 SY DEED RK. DD.11 R1 As DDC N]. I.x OF DR cENTE%a-.F I W -EASEMCT') O Vi1R➢u CI1).WMA EDISW tm ACaVCAe .FOR POUFS, GOYS AND ANDHOIS, O55ARL.SW tAND.1HER F?Tfi_S BY DEE➢REC D2 171912 TN BW, 19 n PAAA1x3 AND D0. 190 AS., W PBS S.OIN OFOA MONUMENT NOTES A_: FO,M SK d W FLUSH L 5. M539T CITY OF ROSJAEAD RE [ Y13,F1T5 )1-S. ACCEPTED AS C/LINIEASECRAI. B1. Y BRASS G9 IN C S..... I4'MW CCVNTY S..lOR RE 321 PER C1lY OFRDS.AD TTF C 1~1, FRS TES .C TEDASCh INTERSECTIW _ SbUS5 O"IN,S... OPMJIY NO CpIMY SWRC L4 RE AN 339 ANGLE . T5,A,ll AS LE WDJT I (F R ROSE S11l.R 32T P CRV OF ROSEMEA D TO: C-I46, ACPR FO ASM 111rcR5"cCTIR1 ,F'. V, C£NEFN a TAC L5. 5]OL RUSH.. pF S, Td W PER O OF OSC.xFAD TIEC:9 - ANDLAC0.9 WFB .06319. A:OF'TED AS h DT CTT. IN; SETL 6 T TA. ts. SaA W Cm1a DRTLCWA, ! I:' SR L 6 T, TA6FDLS. 6Sx1 ON TOP OF Nb'N CDNTETE O.OCY wA Si5Tt A T. TA65ED L5. IWA WCtFLATE STDFYtAUC k;, T I?. CFMLNrrtLr. ITA RTA66'D LS. 6SI4,1U N. NoO O s C.V.E x1 N1 41- DO W p ' 3k MI WAS 11 .4 InSH 5fi 68 DO. 91] uw 10DW 1171 °<+O 'I j O p ' I t as' GS16n Sl IOJAG I0D6' 3ZG / ' 11 g4 ar 3 e ` 'aI OTTSE 1 . 1036', 1,3 1. MO 1 tP< +my ~p 4 5O l 5 1~ [D In, Ib Cn r0W u Imaa ]bm pS p) Ell 40 1 b8 1 : p~ wrp ~ n < Z ° O a9 ETOW . SG E]1 Po' ID3 ' m` `f . + j I U0: M31 e 38)5: n1.Wl )66 i I30' ig 30 L j 1 < v1 e9•a 1 ax" 90b1'z0 1 w _1;.. n55 .SOW M. U9 W Iw Il 4 '~O V/(\ k411~1 ~ ? ' UR F 3' )3 Z I 1 W Ip 0 IV sYVL18E qs LOiI6OF Tp I NO IE66E. MB. x16-2q. E5iAB. pv 30'60,304r MRnnoNPER S.vD mnn.l N i V W 1 Rrli 3(TI N NOT A PA4T- TE [10.40. OFLOT Ix OF Fa AR.40. 9111, MB, IZ).)T if: SA" C4NER OP LOT ~ NO,. EST6X TRACT ES b TA2. BY 4K. D35T.xx8'] I NJII,EST D AS x4 AOO0OTD S SAW A91ER9ECTTONfIW.M. -AOFDF.FTO!s6£'LrR/.cT I O,OOTOPF LOr zz ORrER v TIM, NO. TMR 1x662, M.. I"OF OF O1trz9 N]. 1266E, MB. 7 . I 4OFLOT:EOF ~AOF ESTAS A4NIFL N]. 91x1, l.% of ESTAp. W[TI 5 ' LYLY 5I09.I6£O i ROSE YI ' I AYEWERR SND O. A 1F 5N'LY LSTE I Of LOTROF T¢ACr NO. 13.R 662,MB n6~E9 / I / 5]MTw'E iM 99_ \Y - - - - - - - - - - - - - - - - - - - Sw'LY LAE OF DEED REC 12N.199] AS TNIT. j0~ NO 9..xI.O D4 FSTA9JSFED TER I. / DEED. AC DASNEII1 OFRUDREC M/ D9~1]-=AS.T.NOA.7AIIEI.O1 oTAn / ~ p H / Q L NOT A PART OF THL55USDIVI5ION 2 trvil B6. N60~11'4'W __~v 30'c 4 1 .sue 2',600. SF. 3p. Sw1vCNl'E¢LFIOT x00F 1RAR W.1266E, QtNEOF x~ W+z6si nA9~1A ~~a4 FA ~Aro A~. r\ I~ / Yn~~ SIC E~''11I 30./ ff~1Rn~F1366$Y.0} ASOI Nor p- A PART OF SEFp . ~1R Z S SUBDI I'LTI ON Ib. rw 4 -o 1 M1 t t' \.f P \ NEB'21'23~ LEGEND: • \ gOS01 xuoxures THE BWNDARY OF,ce c VA~~ LAND BE 5URDIVICEO BY TMS MAP, -J N X23 c iG£ OS I ~6 0' 1 I DETAn'Y \ j E> 2~MO9 ~ s'w O ¢L C/ I \ Z ~ I I D O ~ 2 IB I I I 111' O N 1 oy 3 al 9 f\ j