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CC - Item 8C - Approval of Undertaking Agreement for Map No 69946-3139 Burton Avenue11 ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGER DATE: JULY 27, 2010 SUBJECT: APPROVAL OF UNDERTAKING AGREEMENT FOR PARCEL MAP NO. 69946-3139 BURTON AVENUE SUMMARY Parcel Map No. 69946 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 It is recommended that the City Council approve Parcel Map No. 69946 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. 69946 subject to Conditions of Approval that require the subdivider to construct new sewer laterals, driveways, curb and gutter, curb drains, 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 account 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 Certificates of Deposits totaling the amount of $7,500. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared By: L ie J. Le nc, P. E. City Enginee Su fitted 13 Chris Marcarello Director of Public Works Attachment A: Undertaking Agreement Attachment B: Certificate of Deposit Copies Attachment C: Parcel Map No. 69946 ITEM NO. RC, APPROVED FOR CITY COUNCIL AGENDA: May 04 10 10:59a CITY OF ROSEMEAD UNDERTAKING AGREEMENT 6265692303 p.2 THIS AGREEMENT made and entered this Zt- day of keuy , 2010, by and between the CITY OF ROSEMEAD, State of California, acting by and through its City Council, hereinafter referred to as "CITY" and Any t C tkow (NAME) 3 i 39 15 u12rQAJ Prue go! >eolp-ccd C'r9 9/7?~ (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 69946 hereby agrees, at the CONTRACTOR'S own cost and expense to furnish all labor, materials, and equipment necessaryto 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 new sewer lateral, driveway, curb and gutter, curb drains, 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 $5,000. May 04 10 10:59a 6265692303 p.3 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 oromissions 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, orloss 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 bythe 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 Certificate of Deposit in the amount of Seven Thousand-Five Hundred Dollars ($7,500) to guarantee faithful performance of all the provisions of this May 04 10 10:59a 6265692303 p.4 agreement and for the payment of all persons performing labor and fumishing materials in connection with this agreement. If the Certificate of Deposit, in the opinion of the CITY, becomes insufficient, CONTRACTOR agrees to renew said Certificate of Deposit within ten (10) days of the receiving notice the said 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, orwithin 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 orwhich 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 May 04 10 10:59a _ 6265692303 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, 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. SOPHIA TAN MO. commission # 1839490 tMary Public . Ca111ornla Loa Anoss coul" Contra. Ea ha Yv 12, 1 (Seal) Note: By ~?~C:~4 By Ail n GL LLB O SIGNATURES MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC. (ATTACH APPROPRIATE ACKNOWLEDGEMENTS) d OIRNlaff 1 CamM a/ kdoors oA attq alibm to W a111rn~d) sw an 91M~ ~ d.y d Maw W Q, by By Mayor of the City of Rosemead Attested City Clerk of the City of Rosemead PIOaad to ttas on the bats of satiall achm V b be the psaon(s) rsd behm nts. Synann. lid (sew) -~j Check one: Investment CD BankofAmerica ❑ Promotional CD c, ~ ❑ Bonding Purpose CD BANKING CENTER 0 ;-1 /u /YS / d) No. CUSTOMER NAME FOR BONDING pURPO PLEDGED TO DATE INTEREST RATE ANNUAL PERCENTAGE YIELD $ AMOUNT ACCOUNTTERM MATURITY DATE ACCOUNT# The written information we give you (which includes the deposit agreement, fee schedule and deposit rates sheet) is part of your agreement with us and tells you the current terms of this account. This time deposit reinvests automatically for the same account term upon maturity or on the effective date of a deposit or withdrawal made during the grace period. (The grace period begins on the maturity date and is two business days for terms of 29 days or less; five calendar days for terms of 30 days through 89 days; seven calendar days for terms of 90 days or more.) We determine the interest rate for the reinvested deposit on the date your funds are reinvested. For information about early withdrawal penalties, please see the deposit agreement. For Promotional CDs, a limited number of withdrawals may be allowed without an early withdrawal penalty (see Deposit Rates sheet). A personal time deposit is not transferable. 05-16-25760 08-2006 NOT NEGOTIABLE I~Check one: Q Investment CD Bank of America ❑Promotional CD ((t~ ❑ Bonding Purpose CD BANKING CENTER No. To o / CUSTOMER NAME ,19N N K - O V PLEDGED TO DATE INTEREST RATE ANNUAL PERCENTAGE YIELD $AMOUNT ACCOUNT TERM MATURITY DATE ACCOUNT# Bw orAmenca, N.A. • Memher FDIC The written ii6 mation we give you (which includes the deposit agreement, fee schedule and deposit rates sheet) is part of your agreement with us and tells you the current terms of this account. This time deposit reinvests automatically for the same account term upon maturity or on the effective date of a deposit or withdrawal made during the grace period. (The grace period begins on the maturity date and is two business days for terms of 29 days or less; five calendar days for terms of 30 days through 89 days; seven calendar days for terms of 90 days or more.) We determine the interest rate for the reinvested deposit on the date your funds are reinvested. For information about early withdrawal penalties, please see the deposit agreement. For Promotional CDs, a limited number of withdrawals may be allowed without an early withdrawal penalty (see Deposit Rates sheet). A personal time deposit is not transferable. 05-16-2576D 08-2006 BvJc nrAmcrio. N.A. Membcr FDmc NOT NEGOTIABLE CD Receipt CD Receipt 2 PARCELS GROSS AREA: 18638 S.F. NET AREA: 18294 S.F. SHEET 1 OF 2 SHEETS PARCEL MAP NO. 69946 :lN -THE -CITY -OF ROSEMEAD COUNTY OF LOS ANGELES, STATE OF CALIFORNIA BEING A SUBDIVISION OF A PORTION OF LOT 54 OF TRACT NO. 3706, AS PER MAP RECORDED IN BOOK 40 PAGE 39 OF MAPS, IN THE OFFICE. OF THE COUNTY RECORDER OF SAID COUNTY. OWNER'S STATEMENT: rvp o N- oa. S-i NOTARY ACKNOWLEDGMENT ! xvaas SnoknTo~ cwr° m IS M[ NS- N i%c N rs vaseem IS Me .m. i.muuwa..,, SURVEYOR'S STATEMENT: s' SiSNSIsS,,-sN NNINTS S, 11 - -TV IN IN III MW NNNNT `G wnn a-.amid 'P CITY ENGINEER'S CERTIFICATE: S, Ns. I NN-. IN TsS -ii. u w acr scmi mwa(I) M fal - Ol ssiu~.c emi r - wrzv NNNTSS Mna d, YOH . NT .y Ni o, La fti, _I _m,«n. ylis a. ® S.91G,s 9Q wonw ~vo ..rs-m ww,-~o-zom BENEFICIARY is. s, . AS. ssis~ Ns- N- IN IkI NOTARY ACKNOWLEDGMENT: ° A III Ts .1 3, 1 SATsS-l Ts is I ~i~°~I lVlueii llbdc, (zl _ rwvs'+ra NNNIS" III na WM[/n2t cfrvrtv naMP/INFP w°J SANI 9 UNIT ST x¢ArtN/mON sw.M1Wfl NINE . IN rrt 2vmNaA.oN m[ wnn urw mrur or Ma ME rfnanl9 rcrta Wcm~NM^~wNam~a / N. s,ww IN dez"A m.,s.. ,n morass ,a A SIGNATURE OMISSION NOTES CITY CLERK'S CERTIFICATE: I -T I- umw w.ui3W¢R namti nTMU OJ 3u OF 1. o Tw N- ur..i IN N.... ON AiNI INIT n CITY SUER YQR'S STATEMENT: WN -S -1 IT m- NS- j.~r. w TNS Vm.°w ur an ua wr i.W SsT-T„ss - s [I'~I 0 wK-A l~O' . ST A- NSSW TS TILT w:a.-'.S NOT"'°'Tr"`w.. a: SAN m "i SIT s- il IS- 1-1 .1 is NINTI . NI S, IN i - IS ST BASIS OF BEARINGS ° .NC mss mae w Truw.. vm.nwunax eo,w ° amrnsoe . 1111: 1 = JU SHEET 2 OF 2 SHEETS PARCEL MAP NO. 69946 IN THE CITY OF ROSEMEAD COUNTY OF LOS ANGELES, STATE OF CALIFORNIA Fv r xcaxa a xm ryFa-IR623 OIL xX 1 5"P~16 RNIFXO PJ)FFIO I SEf 6.iPR P xMiE . 02i IAlal OA -OF /u / YWRN PvfM[ IW i0. i9 N.rB1~PSmP rt. '00' ' ]9Y4 M~121)-9-].~6 / \/\J'// SIIK. xY121)-9-a. J ' wtSnOV~ / M/tY LlE 6 lNS S) XYa 4 ~ ~ \ ~ / 11 / rRKr 16 S)aE. XL-WA / ~ / 1 DETAIL N ~~M wda . _i n y x'ZI n o R $1 SIT LSE OF -SS "VO S1~ OF~ T 11, R J v all - Yv rm im m n-~rc m w z z 0 L7 Z 3 -.1~ xmn' I I _ap y7ey ~l . OF LOT 20- .1 m mi l OF 1 a1, c i+aE n.-.v-ss T Ezrsa laervm. s[vr „tr cwrF. rxxcr I . , P T. PER M n pf tar 61 OF SP1v TANOT (I ) T o S I-Y LIK OF LOT SS. TUOT 1¢ 20' S r 1 r 6ITRn n TRP W - xx .vP_- ma Z W ~ ~ ¢ btlg I I I ~ ~ I m~o I e b I e ~e ~ I - I A I ~ I . ESi4B. 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