CC - Item IV.CC-I - Approval Of Undertaking Agreement For Parcel Map 25305 3535 Temple City Blv.2000rsmd/staff rpt/dty
TO: FRANK G. TRIPEPI, CITY MANAGER
FROM: V~RUKAVINA, CITY ENGINEE
DATE: MAY 17, 2000
RE: APPROVAL OF UNDERTAKING AGREEMENT FOR PARCEL MAP 25305
3535 TEMPLE CITY BOULEVARD
Attached for consideration and approval is an Undertaking Agreement for the installation
of a sewer house lateral. A Certificate of Deposit in the amount of $3,240.00 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 the sewer house lateral.
Attachment
COUNCIL AGENDA
ITEMI fro. L
staf lepor
I
01 Bank of America Investment CD Receipt
DATE May 16 2000
BANKING CENTER Rosemead No. 701
CUSTOMER NAME KAMEN KIN-IP LAT1
KM EN YIN TP T AT
PLEDGED TO CITY OF ROSEMEAD
INTEREST RATE
ANNUAL PERCENTAGE YIELD
$AMOUNT
ACCOUNTTERM
MATURITY DATE
ACCOUNT#
5.837
6.007
3240.00
12 months
5-16-2001
07019 -x2888
AU ORI D $I ATUR
reinvests written i automatically for i 9evsame account termuuponr maturity olrhonsthe effective date eof ardeposit or wit dI awal made during the grace and tells you period. (The grace period begins on the maturity date and is two business days for terms of 29 days or sera; five calendar days for terms of
rmine the
days through 89 days; seven calendar days for terms of 90 days or more.) We detee interest rate for the reinvested deposit on
the date your funds are reinvested.
For information about early withdrawal penalties, please see the deposit agreement. A personal time deposit is not transferable.
- NOT NEGOTIABLE CJ a,clee America NTaSA(Name changes to
xr Bank of America N.A. after July 23.1999) Member FDIC
R 162 4 99
q..
THIS AGREEMENT made and entered this 15 day of MA 200 e, by and
between the CITY OF ROSEMEAD, State of California, acting by and through its City
Council, hereinafter referred to as "CITY" and
kaNt a.1 t~ I
(NAME)
35'5 Tcpt_c crr)~ f3W a. (RosEt--IC--At D
(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 25 a o ~3 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:
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 doA-h-Vork and furnish all materials necessary to complete
the work is $,~C~fN//~~J I ~o
t
CITY OF ROSEMEAD
UNDERTAKING AGREEMENT
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 & 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: It is further agreed that the CONTRACTOR has filed with the CITY a
on
Certificate of Deposit in an amount equal to $ 3 2 -K to guarantee faithful
performance of 611 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
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.
By
By
(Seal)
Note:
SIGNATURES 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
State of California
4OSss.
County of
On °Z000 , before me, 41ewe, / ~OGr?Q!~/e~~~ I
Date ~j Name and Title of Officer (e.g., "Jane Coe, tarr Public')
personally appeared
❑ personally known to me
moved to me on the basis of satisfactory
evidence
to be the person(s)- whose name(s) Wave-
subscribed to the within instrument and
acknowledged to me that he/ahe/tlrey executed
ARLENEROMANHiI. the same in his/..o:ilthe; authorized
~i Commission # 1207556
NotaryPuUic-COM01-nia capacity(ies-y- and that by hisfherltm,- -
§ Los Angeles County signature(en on the instrument the person(s), or
cznm.rq*mja^1o,2003 the entity upon behalf of which the person(s)-
acted, executed the instrument.
r~ ITN S my han4artd~6fficial seal.
Place Notary Seal Above Signature of Notary P blic 15
OPTIONAL
`\51 Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
h Description of Attached Documen r'
Title or. Type of Document: N etr40. [c r _ v~2tyrwc'~
9
Document Date: Q 1J~ aZ OOD 1 Number of Pages:
p
Signer(s) Other Than Named Above: 6ZN/leVl klf~ l P L{4 L
Capacity(ies) Claimed by Signer r
J,
Signer's Name:
j!I ndlvidual
Top of thumb here
❑ Corporate Officer-Title(s):
Partner - ❑Limited ❑ General
❑ Attorney in Fact
❑ Trustee
- ] Guardian or Conservator
❑ Other:
Signer Is Representing: N,g
(D 1997 Naronai Notary Association • 9350 De Soto Ave.. PO. Box 2402 • Chatsworth. CA 91313-2402 Prod. No. 5907 •Reorder: Call Toll Free 1800-8766827