CC - Item IV.CC-E - Approval Of Undertaking Agreement For Parcel Mapstaf epor
TO: FRANK G. TRIPEPI, CITY MANAGER
FROM: KEN RUKAVINA, CITY ENGINEER
DATE: APRIL 5, 2000
RE: APPROVAL OF UNDERTAKING AGREEMENT FOR PARCEL MAP 25282
8914 E. VALLEY BOULEVARD
Attached for consideration and approval is an Undertaking Agreement for the installation
of survey monuments. A cash deposit in the amount of $4,200.00 has been submitted to
the City in lieu of surety bonds.
Pursuant to the Subdivision Map Act, the subject parcel map does not require City Council
approval.
RECOMMENDATION
1. Approve the undertaking agreement for installation of survey monuments.
Attachment
2000rsmd/staff rpt/city
COUNCIL AGENDA
APR 112000
ITEM No.
CITY OF ROSEMEAD
z++ UNDERTAKING AGREEMENT
1, -Z,..e
THIS AGREEMENT made and entered this 3 day of 19-
by and
between the CITY OF ROSEMEAD, State of California, acting by and through its City
Council, hereinafter referred tows "CITY' and
.lilt s !FC".,- -
n (NAME)
0.9
7: (ADDRESS).
hereinafter called the "CONTRACTOR."
{
WITNESSETH:
4
FIRST: The CONTRACTOR, for and in consideration of the approval of the final
,;fit.
map of that certain land division known as Parcel Map 25282 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:
Construction of 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 $2,800.
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
reasoh of the nature of said work, or by reason of the acts or omissions of the
'u. CONTRACTOR, his agents, or employees, in performances of said work. All of said
d;(,y
" 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
ti 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,
„art
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: It is further agreed that the CONTRACTOR has filed with the CITY a Cash
Deposit in an amount equal to $4,200.00 to guarantee faithful performance of all the
provisions of this Agreement and for the payment of all persons performing labor and
furnishing material in connection with this agreement. If the Cash Deposit, in the opinion
of the CITY, become insufficient, CONTRACTOR agrees to replenish said Cash Deposit
within ten (10) days of the receiving notice that said Sureties, are 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
i
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,
1.
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.
< By IgU13 v (1w, /3' a o
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(Seal) Ll G~~
te:
IGNATURES MUST BE ACKNOWLEDGED
BEFORE A NOTARY PUBLIC.
(ATTACH APPROPRIATE ACKNOWLEDGEMENTS)
By
Attested
Mayor
of the City of Rosemead
City Clerk
of the City of Rosemed
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of l OIL k),r n ('C.
County of . Or-Qm
On ')13/~00o before me, / + IUoL~r~l (9 C c
Date Na add Title of Officer a&, 'Jane Doe, Nota Public')
personally appeared ~u SS AP /ejG~
Name(s) of Signer(s)
G✓personally known to me- OR -b proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s),
T12ACEYLSMITH or the entity upon behalf of which the person(s) acted,
ommission # 1159056
5~* ~d Notary Public -California executed the instrument.
Orange Count
MyComm. Expires Oct 7,2DD1 WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required bylaw, 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: -Z-/3 J 00 y Number of Pages: `l
Signer(s) Other Than Named Above: ~DI7 d rz
Capacity(ies) Claimed by Signer(s)
Signer's Name: u SS
❑ Individual
❑'Corporate Officer
Title(s): r, C)~ ~csylprr0 c,~c7
❑ Guardian or Conservator
❑ Other:
❑ Partner - ❑ Limited ❑ General
❑ Attorney-in-Fact
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Signer Is Representing:
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Signer's Name: -~Ofj ze;-TClt"
❑ Individual
❑2`orporate Officer ~7
Title(s): Ll C2 r 0_ C c 47i Q T ' M
❑ Partner - ❑ Limited ❑ General
❑ Attorney-in-Fact
❑ Trustee
❑ Guardian or C_ onservator _
❑ Other: Top of thumb here
Signer Is Representing:
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0 1995 National Notary Association • 8236 Real Ave., P.O. Box 7184 • Canoga Park, CA 913091184 Prod. No. 5907 Reorder: Call Toll-Frea 1 80 816-6627
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMEIr
State of ` (jr 4 r n i c,
County of Of o. Al
On al3 I apOU before me, _
Date tMCVaard;.unl6la16a].:.'J2naoeo,:NI;er'71 t+
personally appeared f 4_xt, ~
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ersonally known to me - OR - ❑ proved to me on the bati~oft~tt ifbcttnr:,s..u it~naffan ttrethe perrun(s)
whose name(~))is'1x~suiism fSed':b the=,w lHih;ihsttrtwFnent
and anknclul(gd b me tHaxHeiitielHeyexeauttad the
sameiin h'ertierYfHeih'auriiorizsd capacity(f ts));andi th~i by
his/her/thdhsi4jia4ure((; )omthTinaitument+ttta:pEr:nm,(s))„
TRACCE~Y L. SMITH it; artted
or the enfttyutgmin5eMatftoVwfiithithe persan(S)) ,
Ccrr:.^1s:on = 1158056
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22001 WITNESS my;lfaiand?offleial;seall.
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OPTIONAL.
Though the information below is not required by law, it may prove valuafib:•!algrsrrsars retfyirg,+orrudazddcumarrttandicoukr/preuerri
fraudulent removal and reattachment of thisfbmmWanmbarrdbxumarth.
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
Signu..'s. Name:
P,'aggs::
❑ Induitbali
❑ Ccrpcirate Officer
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❑ Pa;tman-❑111miiedi ❑IGenerall
❑ Attu rnryfih,Famti
❑ TrosttA:
❑ Gusu., ba-or. Can Be rvatbr,
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❑ Ott,e-
S ign er l e.I?epresenti h g;:
0 1995 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park. CA 91309-7186 Prom Pk4, 590]/
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