Loading...
2400 - Tran, Phuc Thi - Undertaking Agreement at 3177 Rosemead PlaceCITY OF ROSEMEAD UNDERTAKING AGREEMENT THIS AGREEMENT made and entered this 18 day of MARrH , 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 (NAME) 3177 ROSEMEAD PLACE ROSEMEADF 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 DUON6 Commission 117"260 Notary PubUc • Callfomlo Lot Angeles County CamtB MatOe 02011 By By (Seal) Note: SIGNATURES MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC. (ATTACH APPROPRIATE ACKNOWLEDGEMENTS) Mayor o .We City of Rose ad Atteste City Clerk of the City of Rosemed CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 1 County of LOS ANGELES J} On MARCHDPte A,., 1 8 , 2010 before me, PHT DLIONC,Alna,nnartw arw ue ei tna O9 NOTARY PftRLTC personally appeared PH[IQ(' THI TRAN 88Nft eNersr-10 ION DYONG Commissron /1766260 Notary Public - C0111110MIa Los Angela County C9 it who proved to me on the basis of satisfactory evidence to be the personfsf whose nameW Is/ardsubscribed to the within instrument and acknowledged to me that KIshertpegi xecuted the same in bk*srAhd1r authorized capaclty((eand that by erA6Wsignaturqp)on the Instrument the person or the entity upon behalf of which the personal 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 offie seal. Signature PWrn Notary lNl Above stomdure a lacy O e OPTIONAL rhougo ft Inrormonan below if not roqulted by law, n may prove valuable fO persons relying on the doeumem and could prevent fraudulent removal and reattachment of Nis form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capaclty(les) Claimed by Signer(s) Number of Pages: Signer's Name: Signer's Name: O Individual ❑ Individual ❑ Corporate Officer - TRIe(s): ❑ Corporate Officer -Title(s): ❑ Partner -O Limited ❑ General Partner - ❑ Urnited O General U Attorney In Fact ❑ Attorney in Fact ❑ Trustee Top of Numb here. ❑ Trustee Trip d thumb hN0 O Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: - Signer Is Representing: O rob>Neawal NWary Ae•.Wlm• 999A be SOW A P.O,a Ne>,dlnlswrlR CA 01310.24=1, NOMI"ro/re,! l„m 49BC/ FtdN :0001 Fme I A!MMdae] Dept\By: It Ci t j: I Date: For: DESCRIPTION l.ViiAt"4~~G1,t :C111"Tel Pttiif:LV - .r ylee C(,.,NIA 1)ctjo'~ic WAI, kvtAA lkf (trn S•IY"( AMOUNT Total ~5 OtJ 3le,s TRAIN CObE DESCRIPTION IRAN CODE (DESCRIPTION 710 Building Permit Fees 100 Refundable Deposits.-. T ~w 713 Strang 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 Sr Lunch Prog (RCRC) 700 Occupancy Permits (Plan) 822 Sr Lunch Prog,(GCC) 701 Wildlife Exemption Fee . 123 Miscellaneous Revenues 2 PARCELS - SHEET 1 OF 2 15,680 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. BALDIMN'S SUBDIVISION, AS PER MAP RECORDED IN BOOK 66 PAGES 94 - AND 95 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. OWNER'S STATEMENT WE HEREBY STATE THAT WE ARE NE OWNERS OF OR ARE INTIOUTE0 IN THE UND$ INCLUDED WHIN NE SUBDIFSON SHOWN ON THIS MAP WHIN NE DISIT II BORDER LINES. AND WE HEREBY DEDICATE TO NE PUBLIC USE ALL STREETS. HOMWAYB. AND OTHER PUBUC WAYS SHOWN ON SAID MAP. HUY ANHHUY qNH HU MIN PHAM NGUYEN PIT OL THIPH OL T, M SURVEYOR'S STATEMENT: THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTOR AND IS BASED UPON A TRUE AND COMPLETE ROE SURWEY PERFORMED BY ME OR UNDER MT ZORECTON W NOWNSUER. 3039. IN CONFORMANCE WIN TNE REQUIREMENTS OF NE SUBDIMMON MAP ACT AND LOCAL OFOINANCE AT NE REWEST OF MIN THAN NWPI ON APRIL 33. 3007.1 HERESY STATE NAT MIS PARCEL MAP BUB$TANTAL-Y CONFORMS N ME APPROWD OR CONDITIONALLY APPROVED TENTATIVE MAP. IF MY. MAT ALL ME MONUMENTS ARE OF ME CHARACTER AND OCCUPY ME P0.9TON5 INDICATU; MAT ME MONUMENTS AGE SUFFICIENT N ENABLE TIE SURVEY TO BE RETRACED. X y~o. i S830T j lA.k C. LEE EXPIRES: 8-50.3010 0 R2~ rMF~ CAl\\" NOTARY ACKNOWLEDGMENT STATE OF CAUFORNIA 1 GGLI OF LOS ANDRES ) @H++ BEFORE HE NOTARY RIB.-IT, p PLLY PPEARED PNUCC ON TRANS ANH HUYIN. AND iRNN PHAM NBUYER WHO PROVED TO ME ON THE BASIS ON SATISFACTORY EVIDENCE TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTINAENT AND ACRIAVLEDGED TO ME MAT THEY EXECUTER THE SAME IN THEIRS AUTI~IZED PECAPACITIES.. AND THAT BY THEIR SINATUiES ON THE INSTIBUMENi. M£ RSONS SIR THE ENTITY IRON BEHALF IF WHICH THE PERSONS ACTED. EXECUTED ME NSTRUIERT. 1 CERTIFY UNDER PENALTY OF PERJURY UNDER ME TAWS OF ME STATE OF CALIFORNIA NAT ME FIXiEGONG PARAGRAPH IS TRUE AND CORRECT. WINDS MY HAN m®' SIGNATURE PRINT NAME /~N/ DN'NW'UY MY PRINPPAL PUCE OF BUSHESS 15 IN LDS ANGELES COUNTY. MY COMMISSION Ne. / ~'C6'ZSSd MY COMMISSION EXPIRES OP 'lP U/ CITY ENGINEER'S CERTIFICATE I HEREBY CERTIFY THAT I HAVE E INED THIS MAP: MAT IT CONFORMS SUBSTANTALLY N ME TENTATIVE MAP AND ALL APPROVED MTRATOJS MEREM. THAT ALL P OWSON5 OF SUBDINBION OPOINANCD OF ME CITY OF R04MEAD. APPU ABLE AT ME TIME OF AWROVAL OF ME TENTATIVE MAP NAME SEEH, COM%UEO WIN: AND ALL PRONSMS OF ME SUBDIMSON MAP ACT SECTOR -96M2 (o) (1). (3) AND (3) HAVE BEEN CQIPUEO WM OARED WREN 3 LEBLANC R.CE. 39w CITY wCINEER EXPIRES 9/SG/3QI OF MY OF ROSEMEAD SPECIAL ASSESSMENTS CERTIFICATE I HEREBY CERTIFY THAT ALL SPECIAL ASSESSMENTS 1£Nm UNDO ME .URISDICTION OF ME tltt OF ROSEMEAD TO WHIM ME .AND INCLUDED IN ME WMIN SUBOINSON OR MY PART THEREOF IS SUBJECT. AND WHICH MAY BE PAD IN FULL HAKE BEEN PAID IN NLL BASIS OF BEARINGS: ._~--.-.----~•----------+.----ate DATED ME BEARINGS SHOWN HEREON ARE BASED ON ME BEARING N076.10-W OF ME CENTER LINE OF ROSEMEAD PUCE (FORMERLY RIVFG AVENUE) AS SHOWN ON TRACT NO, 10352, MB I85 PAGE 23 OF MAPS, I SIGNATURE OMISSION NOTES CITY CLERK'S CERTIFICATE. ME SGNANRE$ OF CARL A. RALSTON AND NATHRM PATRICIA RASrQN. SUCCESSORS OR POLE FOR PUBLIC UTUW LINES GAS AND ASSNS EASEMENT HOLDER FOR WAIEG HEREBY CERTIFY MAT ME CITY COUNCIL OF ME QTY OF ROSEMEAD BY . , . . MAINTENANCE AND INODERTAL PURPOSES BY OM RECORDED IN BOOK 197V PACE N. NnW PASSED LN APPROKD ME ATTACHED MAP AND ACCEPTED . Ci OPTICAL RECORDS, RECORDS OF LOS ANGELES ..TY. HAVE BEEN OMITTED UNDER ON BEHALF DF ME CITY OF ROSEMFAD ME DEDICATION OF All SHEETS. HIGHWAYS. ALIFK AND OMEN PUBLIC WAYS. AS SNOW. THEREON. ME PROMSLN$ OF SECTION MI (A) (5) (A) (1-MIT) OF ME SUM11SCY MAP ACT, AS NOR INHEST IS SUCH THAT IT CANNOT RUN ONTO A FEE AND SAID SGNANRE IS NOT DATER; flEWIRFO BY ME LOCAL A4FNLY. SAID EASEMENT IS WOMAN ME DEDICATED ROSEMEAD PLACE ME SMANRE OF KEANS SPRINGUNN AND STPEX. WG. A CALIFORNIA CORPORATOR. OFF CLLRK - OTT OF ROSEMEAD ME RECORD OYMER OF W. AND GAS RIGHTS BY BED RECORDED W OCTOBER 11. 1953. WSIRUUwT NO. 4213, NF fFFOA RECORDS RECORDS OF LOS ANCUSS COUNTY, HAS BEEN DMITTm UNDO ME PRONSONS OF BUTON Bsus. (5) (C) OF ME CITY SURVEYOR'S STATEMENT: SUBDIM9DN MAP ACT. AS HIS INHEST IS SHOP NAT IT CANNOT RIPEN INTO A UP AND HHwwr CERTIFY MAr HAVE .1. THIS MM ANO NAVE FOxo THAT R SAID SIGNATURE IS NOT RECORD BY ME LOCAL AGSNCY CONFORMS WN MAPPING PROWSON5 OF ME SUBQN9ON MM AM AND MAT I AM SATISFIED THAT MI5 MAP HIS IECX.. CORECT. I HEREBY CERTIFY MAT ALL CERTIFICATES PAVE BEEN OLD AND BOOSTS HAVE SAID: ~LUkMM C`(iy~C`ZP(9 BEEN MADE THAT ARE REWIND UNDER T HO PRONSONS OF SECTIONS 56482 AND U''M' BI OF ME SUBOIUCON MAP ACT. STATE OF - EXECUTIVE DERIDER, BOARD ANGELES STATE OF SUPERMASURS OS OA ANGE CAUF0.4NIA NTY OF B ,I ' ' A o ~',Ja . OF ME COU L - $ GUY SURVEYOR EigjY WgVE}Oq ES N0 BY CA 31-3011 Cf OT, OF ROYMEAC EXPIRES 1 122- 4 4 DEPUTY ' , ySW /F OF [ADMF I HEREBY CERTIFY, THAT SECURITY IN ME AMOUNT OF I_ HAS BEEN FILED WN ME EXECU7TW OFFICER, BOARD OF SUPERMSORS OF ME COUNTY OF LOS ANGELES AS SEWRITY FOR THE PAYMENT OF TAXES AND SPECIAL ASSESSMENTS COLLECTED AS TAXOG W THE -MG SOW ON MAP OF PARCEL MAP N0. 00129 AS RECORD BY LAW. EXECUTW OFFICER, BOARD OF SUPERNSORS OF ME COUNTY OF LOS ANGELES, STATE OF CALIFORNIA BY DA OEPOTY SCALE: 1"= 30' SHEET 2 OF 2 SHEETS PARCEL MAP NO. 68129 IN THE CITY OF ROSEMEAD COUNTY OF LOS ANGELES; S rum.. rw IT. IS TATE OF CALIFORNIA xvmuc ro a sn. n sT's rw r1 wro-lJx-znw, 6 OFA.01 R/!S ~ 169'R'JVE >m---f EMERSON LACE cn Xa>IJx-uz1 [IT !6 4i-]J WY ~g ,y 3~~ d n N n, _ I ~~8 Ce $W 2 xn7znv .eul p P 9 Y ~ h`~ byge~ p' f° ~ ' yy FB 3p 30 w k h.H, I I a z ! xnmuc o 3 m r w 6571 L NOT A PART OF 1HI5 SUBDIVISION 7 3p• I 30' 3F `3 R LNOT A PART OF '"~alka SUBDIViS10N Sgy>`~4 t Is 81.1 NI .CI IS. TO 1. 4.6 mF11t m NIL X .-n AN. E3 9.1t➢VIMS THE svr L. a LTT IS. z. aSIIOOm!ar^ oo4Nmx mxa. IST vilzvuT• FP u T. a Vx S 9¢T My III L. ST TP. NO ]J1. XtY [9.41 iNM L IXT. OF VNl'.E wra, xi Ie1<i.A. M1.6) SN - ILL ,,xI..ai6 wI.. lieibii l" I X.+"rz,E r; TWHITMORE STREET IT* I ;7 <bi ~Y~ EP a hWs,za 9 'SmF la :R9-rzt6-Oa .w1 Jm F.x-rz I ~ I _ _ I I 1' 1 Ip Xwn1mJP'v. xo w. uaT UT.nmvuewr \ _ / p oauTSmut TXmnuewTwrouwl. \ X / Q NG.R f41ai. TIID1IS arz..IFl AiETX¢ \ OETPILIAJ S/ \ NOT TO SCN-E / INOICATES ME BCVNOANY OF TIE UrvO MVB SUBBIMED BY THIS MAP. 1-44 ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGER DATE: MAY 11, 2010 j 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: ITEM NO.