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CC - Item 8H - Approval of Undertaking Agreement for Parcel Map No. 68129 - 3177 Rosemead PlaceROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGER DATE: MAY 11, 2010 SUBJECT: APPROVAL OF UNDERTAKING AGREEMENT FOR PARCEL MAP NO. 68129 - 3177 ROSEMEAD PLACE SUMMARY Parcel Map No. 68129 is being submitted for consideration and approval along with an Undertaking Agreement to guarantee construction of public improvements subsequent to the recordation of the parcel map. Staff Recommendation Staff recommends that the City Council approve Parcel Map No. 68129 and the Undertaking Agreement, and direct the City Clerk to arrange for the recordation of the map. ANALYSIS The Rosemead Planning Commission approved Tentative Parcel Map No. 68129 subject to Conditions of Approval that require the subdivider to construct new sewer laterals, driveways, curb and gutter, sidewalk, close portion of existing driveway and install survey monuments 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 $13,050. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Pre ared By, Lucien J. LeBlanc, P.E. City Engineer Sub itt d By: Chris Marcarello Deputy Director of Public Works Attachment A: Undertaking Agreement Attachment B: Cash Receipt Copy Attachment C: Parcel Map No. 69266 APPROVED FOR CITY COUNCIL AGENDA: T TEM NO. , n 0 _7. CITY OF ROSEMEAD UNDERTAKING AGREEMENT THIS AGREEMENT made and entered this 1 s day of MARCij , 2010, by and between the CITY OF ROSEMEAD, State of California, acting by and through its City Council, hereinafter referred to as "CITY" and PHUOC THI TRAN *t (NAME) 3177 ROSFMEAD PLACE Rr)4EMFAD, CA 91770 (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 68129 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, sidewalk, close portion of existing driveway, and install survey monuments. 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 $8,700. I 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 Thirteen Thousand and Fifty Dollars ($13,050) to guarantee faithful performance of all the provisions of this agreement and for the payment of all persons performing labor and furnishing 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 (10) days of the receiving notice the said Cash 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 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, 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. PHI DOOMS Commission 11760280 Notary Public - California Los Angeles County Carm.B g=8.201 1 + By By (Seal) Note: 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 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of LOS ANGELES On MARCH 18,2010 before me, PHT DUONG,ii,AaN mA~vaQp^ AIT.-T oaf, personally appeared PHt)(7C THT IRAN RE Nnmgp of ~ 9nagq - - - - - - - - - - - - - - - - - - - . PM MONS Commwoon /1766460 Notary iubft - CaOforNa Los Angeles Counfir 11 who proved to me on the basis of satisfactory evidence to be the person(ef whose name Isla4subscribed to the within instrument and acknowledged to me that )4/sheRpe5i~ xecuted the same in bIWherAWl'r authorized capaclty((eand that by er/ttbWsignature(a'6n the instrument the person or the entity upon behalf of which the person(aj 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 han d offiei seal. PMn NOW eMl Signature AEa~< elon.wfe 01 ial,ry W e OPTIONAL Thougn Me mformoon below is not required Cy law, it may prow veluabla to persons relying on the document and could prevent freudulent removal and reagachmenf of thic form to another document. Descriptlon of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capaclty(ies) Claimed by Signer(s) Number of Pages: Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer-Ttle(s): ❑CorporateOfficer-Title(s): ❑ Partner Limited ❑ General CJ Partner - ❑ lJmited O General ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee lop r,I m~mh tier,. ❑ Trustee Top a mums ems ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 0200>N,tlenalNd~ry AUatlellen•905AG 9aM MV.,PO.em 4W}.•d~,WJrm.GA Bf0104g02•w.w,N,naaNOUryoy Iiwm ,SW/ ROONer: Cnl~TelFFrx1d00.3r3d92r RECEIPT FOR PAYMENT CITY OF,ROSEMEAD 8838 EAST VALLEYWBOULEVARD RQSEMEAD, ck91770 626.569.2106 (KmTHI':00 - 6:00 PM) 14515 Name: Address: AMOUNT _ J ~{15( t TotallB.650 OV r c-. 3 i s Dept\By: For: n rnnrn nrinni TRAN CODE ti DESCRIPTION TRAN CODE / DESCRIPTION 710 Building Permit Fees 100' Refundable Deposits.- G 713 Strong Motion Fees 820. Building/Field Rental/Supv 720 Public Works Permits 843 Class Registration 712 Occupancy Permits (Bldg) 844 Excursions 702 Site/Sign Plan Review Fees 821 SnLuncb Frog (RCRC) 700 Occupancy Permits (Plan) 822 Sr Lunch Frog (GCC) 701 Wildlife Exemption Fee . . 123 Miscellaneous Revenues CL Vvi ""v, 2 PARCELS SHEET 1 OF 2 15.660 S.F. PARCEL MAP NO. 68129 IN THE CITY OF ROSEMEAD COUNTY OF LOS ANGELES, STATE OF CALIFORNIA- BEING A SUBDIVISION OF A PORTION OF LOT 15, E.J. BALDWIN'S SUBDIVISION, AS PER MAP RECORDED IN BOOK 66 PAGES 94 - AND 95 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OFrz_= SAID COUNTY. OWNER'S STATEMENT WE HEREBY STALE MAT ME ME ME DXNERS OF OR ARE INTEA6TE0 IN ME LARDS INCLUDED MINOR ME WEDIMSON SHOWN ON MIS MAP MITIIN TIE NSTINCTIW BORDER LINES. AND K HEREBY OEWG]E TO ME PUBLIC USE ALL STREETS. HIGWAY£ AND OTHER PUBLIC WAYS $ CNRN ON BAN MM. G QA HUY ANH HU HTP TRIM PRAM NGYEN Ni CLPH . MI SURVEYOR'S STATEMENT: PHIS MAP WAS PREPARED BY ME CA UNDER MY DIRECTION AND IS BASED UPON A TRUE AND COMPLETE FIELD EURWY PEFFORMED BY ME CA UNDER MY DIRECTION W NOVEHBP. 2009, IN CONFORMANCE MM TIE REQUIREMENTS OF THE BLECIN90N MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF MINH PHAU NGUYEN ON APRIL 27 . DOLT. 1 HEREBY STATE MAT NIS PARCEL MM SUBSTANTIALLY COVNRYS M ME APPROYID M CONDITIONALLY MARROWS TFNTATK MM. Y .WY: THAT ALL ME MONUMENTS ME OF ME CHARACTER AND OCCUPY ME POSITIONS NUCAM: MAT ME MONUMENTS ARE SUMUENT TO ENABLE NE SURWY TO BE BETRACED. l A L TAHA; ~ EMPIRES: fi-]D-2010 lF IK LALLE~ NOTARY ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY W LOS ANGELES 7 ON TM xA V rJ MID BEFORE HE A NOTARY PUBLIC PERSONALLY APPEARED PHUOC MI THAN. HUY ANH HUYNH, AND MI NH PRAM NGUYEN WHO PROVED TO HE ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRGENT AND ACKNOWLEDGES TO HE THAT THEY EXECUTED THE SAME IN THEIRS AUTHORIZED CAPACITIES.. AND THAT BY THEIR SINATDRES ON THE INSTRUMENT, THE PERSONS OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED. EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY W PERJURY UNDER THE IAK OF ME STATE OF CAUPURNIA MAT ME FOREGOING PARAGRAPH IS TRUE AND CORRECT. MME. MY NANO N PRI .CAFURE F7N/ DKNNT PRINT T HART. NY PRINCIPAL PLACE OF BUSINESS IS IN LOS MGELES COUNTY MY GGNMIBSaN No. / il'-6G 2.Sr7 MY COMMISSION EMPIRES o oP ASIS OF ME BEARINGS SHOWN HEREON ARE BASED DR ME BEARING NC26'M'W OF ME CENTER LINE OF ROSEMEAO PLACE (FdRMERLY AWN AWNVEJ AS 910MN ON 1HALi NO.: 10]]2. NO 185 PACE 27 OF MAPS. 1 SIGNATURE OMISSION NOTE CITY ENGINEER'S CERTIFICATE I HEREBY CERTIFY MAT I HAW EXAMINED THIS MAP: MAT IT CONFORMS SUBSTANTIALLY TO ME TFNTABW MAP AND ALL MPROWD ALTERATIONS THEREOF: MAT ALL PRONSIONS OF SUWYASION ORDINANCES OF ME QTY OF ROSEMEM. APPLICABLE AT ME TIME OF APPROVAL OF ME TENTATW MAP HAW BEEN. COMPILED MM: AND LL PRONSIONS OF ME SLBOIVSON MM ACT SECTCN,56H2 (a) (1). (2) AND (3) RAW BEEN CwauEO WTH OATEG LUOEN .A LOSING R.GE ELLS. Qtt ENGINEER EMPIRES 9/30/2011 OF CITY OF ROSEMEAD SPECIAL ASSESSMENTS CERTIFICATE I HEREBY CERMF MAT A11 SPECIAL ASSESSMENTS LEMEO UNDO ME 1 POmICTIG OF ME (M OF ROSEMEAD M MHIG THE LAND NODDED W ME WHIN AIBNMSION G MY PART THEREOF LS SUS&CL MD YMICH MAY BE PAID W CULL. HAW BEEN PAID IN NU- CALLED Cltt GLENN - CTY OF AD CITY CLERK'S CERTIFICATE- ME SIGNATURES OF CARL A. RALSTON AND MAMRYN PATRICIA MMEMCN. SUCCESSORS OR ASSIGNS. EASEMENT HOLDEN FOR WATFF. CAS MD. ROLE FOR PUBLIC OTUTY LINES YNEREDY CERTIFY THAT ME CITY COUNCIL OF ME CITY G ROSILLN BY ACCEPTED YAW TENAXCE AND WCIOEN TAI PURPOSES BY OEEO RECORDED IN BCOI( 19]B] PAGE Bfi. ROTOR BEM. OF ME CITY CF ROS£AEAD THE BEGGAR. CF ALL STREETS. OF OFFICIAL RECORDS RECORDS OF LOS ANGELES COUNTY. HAW BEEN CARRIED UNDER HIGWAM ALLI MO OTHER PUBLIC WAYS AS SHOWN HERE.. ME 1RON9ON5 OF SECTOR SBl]G. (A) (A) (I-NIL) OF ME SUBON51. MAP ACT. AS MUR INMEST 15 MICH MAT IT CANNOT RIPEN INTO A FEE AND SAID 9GAMRE IS NOT DATED: REQUIRED BY ME LOCAL AGENCY. SAID EASEMENT IS WITHIN ME DEDICATED ROSEMEAD PLACE. TH E RONALD E OF REAMS. SPRINGMANN AND STPEK, INC.. A CALIFORNIA CORPORATOR. THE RECORD DARNER OF OIL AND GAS RIGHTS BY DEED RECORDED IN OCTOBER 16. 1957. AS -INSTRUMENT NO. 421]. OF CEFlOAL RECORO£ RECORDS OF LOS ANGELES COUNTY. HAS BEEN OMITTED UNDER ME PROMV.S OF MC70 0438, (3) (C) OF ME EUaMA 10N MM ACT. AS HIS LAMEST IS SUCH MAT IT CMNGT RIPEN INTO A BEE MO SAID SIGNATURE IS NOT RESUMED BY ME LOCAL AGENCY. I.HMEBY CERTIFY MAT ALL CERTIFICATES RAW BEEN FRED AND DEPOSITS HAW BEEN WAVE MAT ARE REQUIRED UNDO ME PROMSON5 OF SECTORS 66492 AND 06493 OF THE ELBONSI. MM ACT. EXEGUTW OFFSET. BOARD OF SUPERNSORS OF THE COUNTY OF LOS ANGELES. STATE OF CAUFORMA OA QTY CIFAN -QTY OF ROSEMEAD CITY SURVEYOR'S STATEMENT: I HEREBY CERTIFY MAT U HAW EXAMNEO Ma MM AND HAW FOUND MAT IT CONFORMS WIN uARYNG PROM9ONS OF ME SJUBGM9ON YM ACT AND MAT I M SATSHED MAT MIS uM 15 1ECNMCALLY CORRECT. DATER: IJIGAM" « "fB2PN ur6 M y0 LQ.(N A, o D NUt k ~ r ~ c N0. OR SURVEY ~1 g ~ OF Ott OF OF RBSFMEAD EXPIRES 12-31-2011 • EW -x R IF W CLD~ I HEREBY CERTIFY. MAT SECURITY IN THE AMOUNT OF I MAS BEEN FM1ED WIN ME DEWTW OFLCER. BOARD OF AUPERMSORS OF ME COUNTY OF LOS ANINOSS AS SECURITY FOR ME PAYMENT OF TAXES AND SPECIAL ASSESSMENTS COLLECTED AS TAXES ON ME LAND SHOW ON MAP OF PARCEL MAP NO. 68129 AS REQUIRED BY GW. EXEWTYE OMCER. BOARD OF SUMBABORS OF ME COJNTY OF LOS ANGELES, STATE OF CALIFORNIA BY DA GP TY SCALE: 1"= 30' SHEET 2 OF 2 SHEETS PARCEL MAP NO. 68129 IN THE CITY OF ROSEMEAD COUNTY OF LOS ANGELES', STATE OF CALIFORNIA LA 1. .-ISTIT,~7AA. .1 LOS I AS A ON FO 1.11 IS INTD1-1 ASS S HS F =R 6 F1F➢SPIR.KEU0M6 TO, ETTY _ aaP - - - ENERSUN PLACE 6 sge a m m °o`Ap °e~ ne9 sz BOE - nul' 2 n 30' 30 Ef W U I a _ o v w I :S.F. 2 1 16 a9101 SE 6579 alm K ~k ml wpb NOT A PART OF I B•no' e § Om iH15 SUBDI VISION nag az le4 ISIS $1 aw' "s_-2 1 I 1p ~i.l :J ~p 3c ~ar IDI 30' 30' a~ I S «~vp - pxBL .B B~ ga°bgs 4-t xen E>:~: NI-Y LINO ~LOTS 2 ,DNTLUSNE. Bt% a bWs4_ F. TA NO. LINE OF LOT 15, E BALOWINSINO u¢ ~~z 212YNISxM R.1 iOIKPO 4MNR. STFEET SxOEl-YY-CIF ~Y 20 IRON B Y INTL K ZIT ORC a 4 F NOT A PART OF LM' m-lash 11 N. THIS SUBDMSION a:C>. SLY LINE OF 9^~'° N E n¢Inoia::e-ieiii 5' LB. AAS- I- -Al oyk £ is 3 ?k SL3eBG I~ m I F-D ~T, N--6 NO No- ATESIPM NO TO .1 ~T WHITMERE STREET 22S' ST. WNI'A. TTDO: NEp µn AS A "'N" OF "Y TIE a-2-72 1 1 I ~ I I I (D ,p mr..ms m x/• v, u mE_ ~¢r ux ru D: Sw, 1 / O au NOT A~ OF _ SIP Q wuR N u( ium v5 cfx4 M w+fAX¢ \ DEra1L R / \ NOi TO SCALE ~ . INO16ATE5 THE BOUNDARY OF W IAND 804G SUBBIMOFD BY MI5 mv.