CC - Item 8D - Approval of Undertaking Agreement for Parcel Mat No. 66501-2512 Earle AvenueROSEMEAD 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.
66501-2512 EARLE AVENUE
SUMMARY
Parcel Map No. 66501 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. 66501 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. 66501 subject to
Conditions of Approval that require the subdivider to construct new sewer laterals, driveways,
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 a cash deposit in the amount of $6,900.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prep red By:
Lucien J. e BI n , P. E.
City Engineer
Submitted By:
Chris Marcarello
Director of Public Works
Attachment A: Undertaking Agreement
Attachment B: Cash Receipt Copy
Attachment C: Parcel Map No. 66501
ITEM NO.
BL-
APPROVED FOR CITY COUNCIL AGENDA:
CITY OF ROSEMEAD
UNDERTAKING AGREEMENT
THIS AGREEMENT made and entered this 288 day of March . , 2010, by and
between the CITY OF ROSEMEAD, State of California, acting by and through its City
Council, hereinafter referred to as "CITY" and
Joan Q. Hang
(NAME)
2512 Earle Ave., Rosemead, Ca 91770
(ADDRESS)
hereinafter called the "CONTRACTOR."
WITNESSETH:
FIRST: The CONTRACTOR, for and inconsideration of the approval of the final map
of that certain land division known as Parcel Map 66501 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 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
$4,600.
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 seid 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 perfo. mance 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 forthe 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 Six Thousand-Nine Hundred Dollars
($6,900) 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, 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 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 betw•:en 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 underthis 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 seas this day as above indicated.
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COMM. #1806253 my
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LOS ANGELES COMM
QIMY Cmm EV.AXY 12, 291
(Seal) 4/1 6AT7
Note:
By
By
SIGNATURES MUST BE ACKNOWLEDGED
BEFORE A NOTARY PUBLIC.
(ATTACH APPROPRIATE ACKNOWLEDGEMENTS)
By
, Mayor of the City of Rosemead
Attested
City Clerk of the Cityof Rosemed
CERTIFICATE OF ACKNOWLEDGMENT
State of California )
County of e s )
On o3 -a8- ,-~o,o before me, - lyl ~ CH14-ti6, A~ kwki LULL( .
Date (here insert name and title of the o ce
personally appeared T
- <Joczl'1 0'.
who proved to me on the basis of satisfactory evidence to be
the person (4 whose name (s) is/a-P& subscribed to the within
instrument and acknowledged to me that-he/she/executed
the same in 4is/her/tht+r authorized capacity Oes), and that by
4i-5/her/#e+r-signature W on the instrument the person fs,
or the entity upon behalf of which the person-{4r 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.
IVY CHANG
COMM. #1806253 ~n
N Hotoy PumWcawwrim
W LOS ANGELES C0JM
My Cmm Exp. JULY 12, 2812
Signature z1_4 j11t'1r'-e Place Notary Seal Above
Sig t re of Notary ~lic
RECEIPT FOR PAYMENT
CITY OF ROSEMEAD N~ 14518
8838 EAST VALLEY BOULEVARD
ROSEMEAD, CA 91770
626.569.2100 (M - TH 7:00 - 6:00 PM)
Name:
Address:
Dept\By:
For:
AMOUNT
6 A00-co
Total S (n~ w_
TRAN TRAIN
CODE DESCRIPTION CODE pESRIPTION
710 Building Permit Fees 100 Refun a Deposits
713 Strong Motion Fees 820 Buildin /Fe R al/ u v ,
rr/
720 Public Works Permits 843 Class egistrati /
712 Occupancy Permits (Bldg) 844 Excursions
702 Site/Sign Plan Review Fees 821 Sr Lunch Frog (RCRC)
700 Occupancy Permits (Plan) 822 Sr Lunch Prog (GCC)
701 Wildlife Exemption Fee 123 Miscellaneous Revenues
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2 PARCELS
GROSS: 13,500 SF. PARCEL MAP NO. 66501
IN THE CITY OF ROSEMEAD
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
BEING A SUBDIVISION OF A PORTION OF THE RANCHO POTRERO
GRANDE, AS PER MAP RECORDED IN BOOK 54 PAGES 57 AND 58 OF
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
SUBDIMDER'S STATEMENT:
I IERBY sTA¢ ma 1 w TK B.mLmER w M: Ora wlAm NTIDI n[ SADBN~I BADMI w
~ MAF Mn« n[ miwLmE eGwm IrRS uo 1 GOAXI ro TIE IRPAMTYN nD M3AD w sAm
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JOAN 0. NANO. SUBDIMCfA
O HA
RECORD OWNER:
RECORD OMNER IS JOAN Q. HANG
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
DM SuI. 31 DND $ BEFORE ME NY CNAN4
NOTARY UBUL PERSCNATTY APPEARED .WAN O. HANG VM0
PROVED M NE ON ME BASS OF GATSFACTORY EVIDENCE TO BE ME PERSON MNOSE
NAME IS SUBsCAIBEO TO ME wMw INSTRUMENT AND A... I BE MAT SHE
MOLTED ME SAME IM HER AUTHORIZED CAPACITIES AND MAT BY HER SIGNATURE ON
ME INSTRUMENT, ME PERSON. ON ME ENTITY UPON BEHALF OF MULCH ME PERSON
ACTED. EXECUTED ME INSTRUMENT.
UNDER PENALTY OF PERJERY
PARAGRAPH 3 TRUE O AND EDRRSLT. OF ME STATE OF OALFCRNIA
I CERTIFY THAT WE F
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AL PRINCIPAL PLACE OF BUSINES Is IN
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MY COURISEE N Nn I9p053
BASIS OF BEARINGS.
ME DEABWGS SHOMN THEREON ME BASED ON ME BEARING NONFAT 451 OF ME CENTER LINE
OF FERN AKMAE SHOMN As ME SOUTHERLY NONE OF MACY NO. 5142 PER MACY NO.: 5342
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RECORD MINERAL RIGHTS HOLDER:
CNA NEMERBY AND OSCAR H MEMERBY. WIDDESSOR OR ASSIGNEE ME CORNEAS OF OL AND
MINIMAL RIGHTS BY DEED RECOKI MARON B. 1934 AS INSTRUMENT NO, SM1-CJ TOiRENS.
SCALE: 1"= 30'
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ENGINEER'S STATEMENT:
SHEET 1 OF 1 SHEETS
MIS MAP WAS PREPARED BY YE M UNDER MY DIRECTION AND IS BASED UPON A PEW SURVEY
W CONFORMANCE WIN ME REWIREMENTE OF ME SLODIVOON MAP ACT AND LOCAL ORDINANCE
AT ME REDDEST OF JOAN D. NANG ON JULY ]D, 2005, HENRY STATE MAT MIS PARCEL MAP
SUBSTANTALLY CONFORMS TO WE CGAGMa ALLY MPROKD TENTATIVE MAP, IF ANY: MAT ME
MOUMENTS OF ME CHARACTER AND LOCATIWS -a- NEIIECN MILL BE IN PLACE MMIN
TWENTY-FOUR MONTHS MOM ME MIND CAM OF MI5 MAP. MAT SAID MONUMENTS ARE
SUFFICIENT TO ENABLE ME BARNEY TO BE RETRACED.
BATED, s/NO /
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CITY ENGINEER'S CERTIFICATE
I HEREBY CERTIFY MAT I HAVE EXAMINED WE NAP. THAT FE COUPONS SUBSTANTIAUY TO ME
TENTAIVC MAP AND ALL APPROVED ALTERATDNS THEREOF: MAT ALL PROMEIONS OF
STIRwNBCN ORDINANCES OF ME Ott OF ROSCIIEAO. APPLICABLE AT ME TIME OF APPROVAL OF
ME TENTATW MAP HAVE BEEN COMPUEO MM: AND ALL PROVISIONS OF ME SUBDIVISION MAP
ACT SECTOR B5u1 (o) (L). (1) AND (5) HAVE BEEN COUPLED BETH.
DATED:aM,JL Z 2u1o U?OFC'A~'~
Gf R054EAD %PWEC SPECIAL ASSESSMENTS CERTIFICATE I HEREBY CERTIFY' MAT ALL FEOK ASEESSUENTS IEVED UNDER ME JNLSOCRON OF ME Cn
$IR fill I'D TO MMM THE VND MCL . IN ME W TYN SUROM9LN OR ANY PART THEREOF IS
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CITY SURVEYOR'S STATEMENT:
I HEREBY CERTIFY MAT I HAVE E%AMWED MIS MAP AND NAVE FGANO MAT IT CONFORMS MM
MAPRNG PRONAONS OF ME SUBOm510N MAP ACT AND MAT 1 AM SATISFIED MAT THIS MAP 15
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ROSEMEAD COMMUNITY
DEVELOPMENT COMMISSION
STAFF REPORT
TO: THE HONORABLE CHAIRMAN AND COMMISSION MEMBERS
FROM: JEFF ALLRED, EXECUTIVE DIRECTOR /M
DATE: JULY 27, 2010
SUBJECT: UPDATE ON STATUS OF EXCLUSIVE NEGOTIATION AGREEMENT
(ENA) FOR THE SALE OF THE GLENDON HOTEL
SUMMARY
On May 25, 2010, the Rosemead Community Development Commission approved an
Exclusive Negotiating Agreement (ENA) with the Qiao Garden Group Real Estate
Company, Ltd. (Qiao Garden Group) for the development of a Purchase and Sale
Agreement of 8832 Glendon Way (Glendon Hotel). The term of the ENA provided an
initial negotiation period of 90 calendar days, subject to one (1) 90 calendar days
extension, within which the Commission and the Qiao Garden Group would work to
develop a Purchase and Sale Agreement setting forth the specific terms related to the
sale of the Glendon Hotel. The ENA is set to expire on August 22, 2010.
Staff Recommendation
It is recommended that the Community Development Commission extend the Exclusive
Negotiating Agreement (ENA) with Qiao Garden Group Real Estate Company, Ltd. for
the development of a Purchase and Sale Agreement of the Glendon Hotel for another
ninety (90) calendar days beginning from August 23, 2010 (see Attachment A).
ANALYSIS
Over the last few months, staff has diligently been working with the Qiao Garden Group
on the development of a Purchase and Sale Agreement for the Glendon Hotel. There
have been several requests made by both parties that need to be completed before an
agreeable Purchase and Sale Agreement can be entered. It is assumed that these
tasks will take longer than the 90 calendar days provided for in the initial ENA to
complete. Therefore, it is recommended that the Commission extent the ENA with the
Qiao Garden Group for another 90-calendar days to expire on November 20, 2010.
FISCAL ANALYSIS
The sale of the property would generate onetime revenues of $4.4 million for the
Commission. In addition, future property tax increment revenues will accrue to the
Commission and TOT revenues will be realized by the City.
ITEM NO. L
APPROVED FOR CITY COUNCIL AGENDA:
Community Development Commission
July 27, 2010
Paoe 2 of 2
PUBLIC NOTICE PROCESS
This item has been noticed according to the California Health and Safety Code Section
33490.
Prepared by:
4W A a
Michelle G. Ramirez
Economic Development Administrator
Submitted by:
Stan Wong
Community Development Director
Attachment A: First Amendment to Exclusive Negotiation Agreement
FIRST AMENDMENT TO EXCLUSIVE NEGOTIATION AGREEMENT
This FIRST AMENDMENT TO EXCLUSIVE NEGOTIATION AGREEMENT ("First
Amendment") is made as of this 27th day of July 2010, by and between the COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF ROSEMEAD, a public body, corporate
and politic (the "Commission"), and QIAO GARDEN GROUP REAL ESTATE COMPANY,
LTD (the "Purchaser"), and amends that certain Exclusive Negotiation Agreement
("Agreement") entered into by and between the Commission and the Purchaser on May 25, 2010.
Section 1. Section 3.a. of the Agreement is hereby amended in its entirety to read as
follows:
"3. Negotiation Period.
a. Negotiation Period. The term of this Agreement shall extend through and include
November 20, 2010, subject to extension or termination as provided below (the "Negotiation
Period")."
Section 2. Except as expressly amended herein, all other terms and provisions of the
Agreement are and remain in full force and effect.
In witness whereof the parties have had their duly authorized officers execute this First
Amendment this 27th day of July 2010.
PURCHASER:
QIAO GARDEN GROUP REAL ESTATE CO. LTD
By:
COMMISSION:
ROSEMEAD COMMUNITY
DEVELOPMENT COMMISSION,
a public body corporate and politic
By:
Gary Taylor, Chairman
Lian Yue Song, President and CEO
ENA - Qiao Garden Group Real Estate Co. Ltd 1 07272009
APPROVED AS TO FORM
By:
Joseph M. Montes
Burke, Williams & Sorensen, LLP
Commission General Counsel
ATTEST:
By:
Gloria Molleda, Commission Secretary
ENA - Qiao Garden Group Real Estate Co. Ltd 2 07/272010