CC - Item 7E - Release of Bond/Cash Deposit - Tract Map No. 70141 at 2436 Delta Avenue•
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGE
DATE: JUNE 28. 2011
SUBJECT: RELEASE OF BOND /CASH DEPOSIT— TRACT NO. 70141
2436 DELTA AVENUE
SUMMARY
A Faithful Performance Bond and a Labor and Material Bond were required to
guarantee construction of a sewer mainline and laterals, curb, driveway approach, curb
drains and the installation of survey monuments for Parcel Map No. 70141. In lieu of a
surety bond, a Cash Deposit was submitted to the City in the amount of $9,350.
Staff Recommendation
Staff recommends that the City Council accept the sewer mainline and laterals, curb,
driveway approaches, curb drains and survey monuments and release the Cash
Deposit in the amount of $9,350 to the sub - divider.
In accordance with the Conditions of Approval for Tentative Parcel Map No. 70141
approved by the City of Rosemead Planning Commission on June 2, 2008, the sub-
divider was required to construct a sewer mainline and laterals, driveway approach,
curb, curb drains and install survey monuments subsequent to recordation of the final
parcel map. On September 9 2009, the sub - divider executed an Undertaking
Agreement (Attachment A) to guarantee construction of the sewer mainline and laterals
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 $9,350.00. The City Engineer has inspected the
improvements and found them to be installed satisfactorily.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared By:
Lucien J. Le Blanc, P. E.
City Engineer
Attachments:
(A) Undertaking Agreement
(B) Cash Deposit receipt
(C) Final Map for Parcel Map No. 70141
Submitted By:
Chris Marcarello
Director of Public Works
Sep 09 09 08:34a
CITY OF ROSEMEAD
UNDERTAKING AGREEMENT
62 392303 p.2
THIS AGREEMENT made and entered this C t day of S24) di 2DD9, by and
between the CITY OF ROSEMEAD, State of California, acting by and through its City
Council, hereinafter referred to as "CITY" and
KEO T Vt414 c� T it i1"i
D E L -A P, V E za.�E"E ) D
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 70141 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 curb and gutter.
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 $6;210.
Sep 09 09 08.34a 62. .92303 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 6y 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 ag fees 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 ClW, 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.
TH IRD: 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 [ands 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 ofthisAgreement ,CONTRACTOR
shallfile with the CITY a Cash Deposit in the amount of Ninel Hundred and
Fifty Dollars ($9,350) to guarantee faithful performance of all the provisions of this
Sep 09 09 08:34a
62 ;92303 p,4
agreement and for the payment of all persons performing labor and furnishings materials in
connection with this agreement. If the Cash Deposit, in the opinion of the CITY, becomes
insufficient, CONTRACTOR agrees to renew said Cash Depositwithin ten days of receiving
notice that Certificate of Deposit is insufficient
SIXTH: If the CONTRACTOR neglects, refuses, or fails to - th 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: Itis further agreed by and between the parties, hereto, including the Surety
or Sureties oneny Bond attached to this contract, that in the event it is deemed necessary to
extend the time of completion of the worX contemplated to be done under this contract, said
extension may be granted by the City Council, either at its own option, or upon request
Sep 09 09 09 :3sa GE 09230.3 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,
CORY D. CH AU
COMM #1784564
: v 9 NOTARY PUBLIC •CAUPONNA
LOS ANGELES COUNTY
Comm. Exp. DEC. ®, 2011
(Seat)
Note:
By JC'aA1 i
B i uu
SIGNATURES MUST BE ACKNOWLEDGED
BEFORE A NOTARY,PUBLIC.
(ATTACH APPROPRIATE ACKNOWLEDGEMENTS)
By C-&,
Mayor of th y&ty of Rosemead
Attested
CityClerkof the City of.Rose led
RECEIPT FOR PAYMENT
CITY OF ROSEMEAD
8338 EAST VALLEY BOULEVARD
ROSEMEAD, CA 91770
6 26,569.2100 (M - TH 7:00 - 6:00 PM)
I 4vu
710
DESCRIPTION
Building Permit Fees
CODE
DESCRIPTION
71 3
Strong Motion Fees
Refundable Deposit
720
Public
820
Building/Field RentaVSupv
712
Occupancy Permits Bldr
(
843
Class Registration
702
�J
Site /Sign Plan Review Fees
844
EXCU(SiOnS
700
flceupancy Permits Plan J
821
Sr Lunch Prog (RCRC)
701
Wildlife Exemption Fee
822
Sr lunch Prog (GCCJ
123
Miscellaneous Revenues
AREA: 14,491 S.F.
PARCEL MAP NO 7 0141
IN THE CITY OF ROSEMEAD
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
BEING A SUBDIVISION OF PARCEL 6 OF PARCEL MAP
RECORDED IN BOOK 7 PAGE 76 OF PARCEL MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
SUBDIVIDERS` STATEMENT:
NE xERFBY SEATE INAT ME ARE THE U)SMAGm5 OF SH uNBS INPUM MMW ThF 9JOMA9GN
SHORN OR INS .. KENT 1NE CISMIMIGE A.. UN4 .0 RE L9NSfM N THE MPARARW
AND RUNG OF SAO WP AND SIMONSON,
`ull4E(A/Ai
n oA (sue 1MDFR) _ Kf<FIT x x (sueolMDER)
RECORD OWNERS:
BEGGAR OWNERS ARE n DAM AND KENT HUYNH.
NOTARY ACKNOWLEDGMENT
STATE OF CALFORN1A )
COUNTY OF LOS ANGELES )
ON FACTORS ME 9. Q-tAnl
A NOTARY PUSUM PERSONALLY APPEARED n KENT MAN AND NT HUYNH MHO FROWN
TO ME ON ME BASIS OF SATISFACTORY EVIDENCE TO BE ME PERSONS WHOSE
NAMES ARE BLOODLESS) TO ME WITHIN INSTRUMENT AND ACRNDNLLEGED TO ME
THAT THEY EXECUTED ME SAME IN THEIR AUMORI2EM CMACNIES AND THAT BY
'MR SIGNAMRES ON ME INSTRUMENT, ME PERSONS OR ME ENTITY UPON
BEHALF OF MUCH ME PERSONS ACTED. EXECUTED ME INSRUMENT.
1 CERTIFY UNDER PENALTY OF PER.NRY UNDER ME LAWS OF ME STATE OF
CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.
MINUS MY HAND
NAME coat o G+l
MT PRINCIPAL PLACE OF BUSINESS IS IN
Los ANGELES COUNTY.
NOTARY3110WC WAND FIR MY COMMISSION EXPIRES:
'AID STATE MY COMMIUMN. NO..S$,
BASIS OF BEARINGS
ME BEARING' SHOWN HEREON ARE RASED ON ME BEARING N018'55 "W OF ME CENTER
UNE OF DELTA STREET PER MAP RECORDED IN HOOK 7, PAGE 76, OF PARCEL MAPS, IN
ME PTJNTY RFGENAEA OFFICE OF LOS ANGELES COUNTY. -
RECORD EASEMENT /WATER RIGHTS HOLDERS:
RICHARD GARVEY. HOLMES M WATER RIGHTS, BY DEED RECORDED IN BOOK ll 4, PAGE
29 AND BY DEED OR IN BOOK 1224, PAGE 304. AND BY DEED RECORDED IN
BOO( 1262 PAGE 26, ALL OF DEEDS. RECORDS OF LOS ANCIES COUNTY.
SURVEYOR'S STATEMENT
THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION ANN IS BASED UPON A
HOLD SURVEY W CONFORMANCE µ1T1 ME REQUIREMENTS OF THE M2015ASION MAP
ACT AND LOCAL ORDINANCE AT ME REQUEST OF KENT FLYNN ON AMAL 27, 2007,
1 HERESY STATE THAT MI5 PARCEL MAP SUBSTANTIALLY CONFORMS T) ME
CGNDMONAU -Y APPROVED TENTATIVE MAP, IF ANYH THAT ME MONUMENT: OF ME
CHARACTER AND LOCATIONS SHOWN HEREON. ARE IN PLACE MAT SAID MONUMENTS
ARE SUFFICIENT III ENABLE ME SURVEY TO RE RETRACED,
=S4µ UNp SGq o
JA 4% IFS l5 99i1J '—
EXPIRES: a -30 -2010 0
f W SAL\
CITY ENGINEER'S CERTIFICATE:
1 HEREBY CERTIFY THAT I HAYS EX 1. THIS MAP: THAT IT CONFORMS
SURSMANTAMY TO ME TENTATIVE MAP AND ALL APPROVER FLTERATMS THEREOF:
THAT ALL PROMSIONS OF SUBDIMSICN ORDINANCES OF ME CRY OF ROSEMEAD.
APPUCASLE AT ME TIME OF APPROVAL OF ME'TNTATYE MAP HAVE SEEN
GOMPUSD'MMI AND ALL PROVISIONS OF ME SLUDIMMON MAP ACT SECTION 88443
(a) (1). (2) AND (3) HAVE BEEN COMPILER WITH
DAM
CITY ENGINEER RCM }rise
OF CITY OF ROSEMEAD MY REGISMAGON EXPIRED 9 -30 -2009
SPECIAL ASSESSMENTS CERTIFICATE
I HEREBY CERTIFY THAT ALL SPECIAL ASSFSSMENIS LEVIED UNDER ME JURISUMDoN
OF THE CITY OF ROSEMEAD TO WHICH ME LANE INCLUDES IN ME SIMN
SIIBDMSION OR ANY PART THEREOF IS SLBJECT, AND NHICH MAY BE PAID IN NLL
HAVE BEEN PAID IN FULL
MAT CITY CLERK -CITY CF ROSEMEAD
CITY SURVEYOR'S STATEMENT:
I HEREBY CERTIFY THAT 1 HAVE EXAMINED THIS MAP AND HAVE FWNO MAT IT .
CONFORMS WTH MAPPING PROMSMA S OF ME SUBDIMSION MAP ACT AND THAT I AM
SATISFIED THAT THIS MAP 15 TECHNICAMIY CORRECT. - - -'
DAM: I - 30 - 04
I HEREBY CER ➢FY THAT ALL CFATFlCATES HAYS BEEN FILED AND DEPOSITS
DQ4 O
HAVE BEE` MADE THAT ARE REQUIRED UNDER ME PROMSONS OF SECTIONS
CITY SURVEYOR
L5. NO. 5301
66452 AND 65493 OF ME SUN MISSION MAP ACE
OF COY OF ROSEMEAB
MY REGISTRATION DUNDEE 12 -31 -2009
EXEMTSW OFFICER, BOARD OF SUPERVISORS
OF ME COUNTY OF LOS ANGELES. STALE OF CALIFORNIA
BY DATE
DEPUTY
;
4
�Qf 9F fAUW�
I HERESY CERTIFY THAT SEDJRM Y IN ME AMOUNT OF S
-
_ HAS BEEN N 'MYTH ME MUIITVE CRMC R, BOARD OF SUPERVISORS
OF ME COUNTY OF LOS ANGELES AS SECURITY FOR ME PAYMENT OF TAXES
_
AND SPECIAL ASSESSMENTS CCLLECTD AS TAXES ON ME LAND SHOWN ON MAP
_
OF PARCEL MAP NG. 76141 AS REQUIRED BY LAW.
EXEGLTW OFFICER. BOARD OF SUPERVISORS
-
OF ME COUNTY GF LOS ANGELES. STATE OF CALIFORNIA
BY DA
SCALE: 1 - = 30"
PARCEL MAP NO. 7'141
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CALIFORNIA AL L-PURP O SE
CERTIFICATE OF ACKNOVVLEDGNIENT
State of California
County of L -s p e l�s
On "_ ' before me,
�. Ga -eALk-
Pu
Personally appeared
ttry v ° 13. v,.• p �.,�
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 capacity(ies), and that by his/her /their signature e in his/her /their authorized
s) on the instrument the perso s a m or the entity upon behalf of
which the persan(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. g g paragraph
CORY D. CHAD
WITNESS my hand and official seal. C X a
N�Y . #1 ®. CAUV
LOSANGELES
Comm.
C� . � DEC. 9, 2p19
Si �"`�oFyPublic - (Notary Seal)