CC - Item 7D - Refunding of Cash Deposit - Parcel Map No. 69127 - 3130 Evelyn AvenueROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER
DATE: NOVEMBER 23, 2010
SUBJECT: REFUNDING OF CASH DEPOSIT - PARCEL MAP NO. 69127
3130 EVELYN AVENUE
SUMMARY
A Faithful Performance Bond and a Labor and Material Bond were required to
guarantee construction of sewer laterals, driveway approaches, curb, curb drains,
sump pump, grading and the installation of survey monuments for Parcel Map No.
69127. In lieu of such surety bonds, a cash deposit was submitted to the City in the
amount of $43,950.00. The work has been completed and the Cash Deposit can be
released.
Staff Recommendation
Staff recommends that the City Council accept the sewer laterals, driveway
approaches, curb, curb drains, sump pump, grading and survey monuments and
refund the Cash Deposit.
DISCUSSION
In accordance with the Conditions of Approval for Tentative Parcel Map No. 69127
approved by the City of Rosemead Planning Commission on June 4, 2007, the
subdivider was required to construct sewer laterals, driveway approaches, curb, curb
drains, sump pump, perform grading, and install survey monuments subsequent to
recordation of the final parcel map. On May 27, 2008, the subdivider executed an
Undertaking Agreement (Attachment A) to guarantee construction of the sewer
laterals, driveway approaches, curb, curb drains, sump pump, grading and
installation of the survey monuments within two years. In lieu of providing a Faithful
Performance Bond and Labor and Material Bond, the sub divider provided a Cash
Deposit in the amount of $43,950.00. The City Engineer has inspected the
improvements and found them to be installed satisfactorily. Therefore, the City
Engineer recommends that the Cash Deposits totaling $43,950.00 be returned to the
subdivider.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
ITEM NO. n
APPROVED FOR CITY COUNCIL AGENDA:
City Council Meeting
November 23, 2010
Paae 2 of 2
Prepared By:
/ r
ucien J. Le B nc, P.E.
City Engineer
Attachments:
(A) Undertaking Agreement
(B) Cash Deposit receipt
(C) Final Map for Parcel No. 69127
Submitted By:
Chris Marcarello
Director of Public Works
CITY OF ROSEMEAD
UNDERTAKING AGREEMENT
THIS AGREEMENT made and entered this day of __M A-1 2008, by and
between the CITY OF ROSEMEAD, State of California, acting by and through its City
Council, hereinafter referred to as "CITY" and
�o i-fiJ l/
50
(NAME)
P_ e L- AVM
(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 69127 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 new driveway approaches, sewer laterals, parkway drains, catch
basins and sump pumps.
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 $29,300.
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 Surety Bond in an amount equal to at least one hundred percent of
the estimated cost of this work for the Faithful Performance of this agreement; and a
separate Surety Bond in an amount equal to at least fifty percent of the estimated cost of
this work for the payment of all persons performing labor and furnishing materials in
connection with this agreement. If the Sureties on said Bonds, in the opinion of the CITY,
become insufficient, CONTRACTOR agrees to renew said Bonds with good and sufficient
Sureties within ten days of receiving notice that said Sureties are insufficient. In Lieu of the
above - mentioned bonds, a refundable cash deposit in the amount of Forty three thousand
nine hundred fifty dollars ($43,950) is paid to the City.
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.
m
(Seal)
Note:
B y �t . �
SIGNATURES MUST BE ACKNOWLEDGED
BEFORE A NOTARY PUBLIC.
(ATTACH APPROPRIATE ACKNOWLEDGEMENTS)
91
John Tran
Mayor of the City of Rosemead
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City Clerk of the City of Rosemed
ACKNOWLEDGMENT
State of California I I
County of s'�c�z5
On - ��- r�ao� before me, �.l f�(o
J (insert name and title of the offlicer
personally appeared ACA v\ k-kIL�A
who 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), or the entity upon behalf of which the person(s) 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 coffeG
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LOS ANGELES COUNTY
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RECEIPT FOR PAYMENT
CITY OF ROSEMEAD
8838 EAST VALLEY BOULEVARD
ROSEMEAD, CA 91770
626.569.2100 (M - TH 7:00 - 6:00 PM)
Address: Z 5e7 A - IQ
Dept\By: n f f u ? Date:
e
For:
J T
/ y
TRAN
TRAN
CODE
DESCRIPTION
CODE
DESCRIPTION
710
Building Permit Fees
100
Refundable Deposits
713
Strong 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 Frog (GCC)
701
Wildlife Exemption Fee
123
Miscellaneous Revenues
1 1. ,T �._. _.
1
361 / 64- 800K�PAGE V
3 PARCELS SHEET 1 01 _' SHE T
GROSS: 23.012 S.F.'
PARCCZL MAP 14 O. 6 09127 ATftQutvcfCI
IN THE CITY OF ROSEMEAD �II Im��������� IIIIIIYIVI� Mm0 3 ARE LV
COIJNTY OF LOS ANGELES, STATE OF CALIFORNIA fl a 1
ATPNY (9`I
BEING A SUBDIVISION OF LOT 23 OF TRACT NO. 1495, AS
PER MAP RECORDED IN BOOK 26 PAGE 51 OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. N *OIIinR ' m "� ,.. TEAFA,N
FAR ,00
SUBD IVIDERS' STATEMEN
K MRbY SLAJE P4I YL NR TNC sIBT10LK a W. LAGS VYSUG(D W i!N M slld'I9p
SECT., O1 TR4 YAP AIR BE ESTNCMD SCAMPERED, AND NE OMSpT TO THE PRIPARANCEN
AGE RUNG UP 540 NAP AM SUENTION,
5M HW 1.11 (wBD1WJEx An FPTkHUU v. INDENT
MAN', O N IIIID SUBOIVIOFN
ENGINEER'S STATEME OAFEECLy=p
THIS MAP WAS PREPARED BY RE OR UNDER MY OIRECnDN ANO 6 BASED UPON A
AGED RI IN CONFORMANCE VAN TOE REQUIREMENTS OF THE ANM1NSIW MAP
ACT AND LOCAL ORDINANCE AT ME REDVEST OF ANN VAN H4 KHOO ON JANUARY
ID. ]QI /,I HEREBY STATE T THIS PARCEL MAP RUSIT XTUILY CONFORMS TD
TIE CCNDIPONALLY APPROVED TENTATIVE MAP, IF ANY MAT THE MONUMENTS OF
ME CHARAQER AND LOCATIONS SHOWN EDISON WILL BE IN PLACE WTHIN
TWENTY-FOUR MGUMS IROU PIE FILING OATS OF THIS MAP, THAT SAID
MONUI ARE GJYIIJENT TO ENABLE THE SURVFY TO BE RETRACED.
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LLIPM CE3J� J' U
EXPIRES. 6- 30 -7009
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RECOR OWNERS
RECORD OWNERS AR SHY BOB LULI, JOHN VAN HER xHUI AND IHANG MAN KHVV.
STAGE OF CALIFORNIA )
CWNLY Q IRS ANGELS ) SS
INSTRDYIEVE THE PERSONS. UP THE ENIIIT I X[XAIA Or FAHLP ILL. rvtn.Ain.
ACTED. En OUTED NE INSIGUAEUL
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(JWiDOIN MAT T6 PoIIEWIN6 GAE/d1M', "lam ANU c"WIT.
OUR
CCMI.ITECT A2 p NAME MINI U CTF',J
MYIML.DNYdM,; MY 0GN EXPIRE
LMNYIIIHLV'M' MY PRINCIPAL -ACE Or BUSINESS IS IN 1,6 131-1,11
f Y � .: w4 ....... S M LOS ANGELES UNTY.
MY W.MSCOr! No 161 '
RECORD RENEFICIARY:
BANK CE AMERICA N A- A NARCMAL BANKING: ASSOCIATION, TINDER A DECD V TRUST
HECORCE0 FEBRUARY 14. )OBI. AS INS 3198
TRGMLNT ND. 2001- 0]5, OF (L11CA1
R£WROS. RE GOU S OF LOS ANGELES COUNTY
BASIS f BEARINGS:
bIA1EU ti FJ FXFCN n RADIO O HEARING. NO 27%O - W OF THF: CENTER
THI; EN N RF: N AF
LIRE OF IVeITN AVENUE PEA RnHL41. MPP NO 2657F. °Mb J11 PnI.LS SO MD 51,
RECORD EASE MENT /MINERAL RIGHTS HOLDE
JANSS INKSTNVIT EMU, EASEMENT IgLDER OF AN EASEMENT FOR THE LAYING OF
WATER FIRES AND GAS PER AND I OR ME ERECTION 0' POLES FOR METRIC WETS
AND rt P"EXHO SS PUE,POSES IVY U'J.0 RECORDED IN COOK LDBB PAGE 51 01 DEEDS.
SAID EASENCNT IS MARKET IN NATURE
FRLD V. MACDONALD AND C : MACDONALD. HOLLER OR vINERALI RIGHTS, BY DEED
RELORGFIU JANUARY 21. 1958 AS INSTRJVL'T NO 2AOH. ME CFETPAL RECORDS.
a N. 1-1 A A IF AARV A. Alcmc uux f
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CITY ENGINEER'S CERTIFICATE:
HEREBY CERTIFY NAT IHAVE EXAMINED THIS MAP; NAT IT CONFORMS
SUBSTANTIALLY TO PIE TENTAP4E MAP AND ALL. APPROVED AITERATIONS THEREOI;
NAT ALL MCNSIDN$ OF SUNDIASION OipNANCES OF NE CITY OF ROiEVEAR.
APPLICABLE AT THE TIME OF APPROVAL O NE TENTATIVE MAP HAVE BEEN
CCV PLIED ALL, AND ALL PROADONS OF NE SUBDIVISION MAP ACT SECTION 65442
(u) (L). (2) AND (3) HAVE BEEN COMPUEO WNH To
Or ER � PCI. )56D�i
K PTY CF ROSEMEAO 11 MY FEPSTNARg1 EXPIRES 9 -40 PPA
SPECIAL ASSESSMENTS CERTIFICATE
111CREBT CERTIFY THAT ALL SPECIAL ASSESSMENTS LEVFO UNDER NE JURISDICTION
OF ME GTY OF ROSEMEAD TO RUCH THE LAND INCLUDED IN SITE MMIN
WBpN90N OR MY PART NUANCE IS SUBJECT, AND WHICH MAY BE PAID IN FULL.
NAIL BEEN FRED IN FUIl
(9-11—o P�IIsk� I�
HALE D TI, LL.ItK - Or OSEMEPO
CITY SURVEYORS STATEMENT
I HEREBY CERTIFY MAT I HAVE EXAMINED THIS MAP AND HAVE FEANO THAT IT
CONFORM 'VAIN MAPPING WOM51ONS OF TOE WOUIV90N MAP ACT AND MAT I AM
SADSFILO THAT 1NIS MAP 15 TECHNICALLY CORRECT
UATIII _.. IY -07
-
CITY SURVEYOR L.S. NO 53M
OF TOY OF ROSEMEPO MY REGISTRATION EXPIRES 12 -31 -2009
x . 13.625.00
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SCALE: 1 "= 20' SHEET 2 OF 2 SHEETS
PIAIRCEL MAP MO. 69127
IN THE CITY OF ROSEMEAD
COUNTY OF LOS ANCELES, STATE OF CALIFORNIA
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