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CC - Item 7E - Release of Cash Deposit - Parcel Map 71159 at 8403 Marshall StreetROSEMEAD CITY COUNCIL l 3 ,, TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGER , DATE: JANUARY 10, 2012 SUBJECT: RELEASE OF CASH DEPOSIT— PARCEL MAP 71159 (8403 MARSHALL STREET) SUMMARY A Faithful Performance Bond and a Labor and Material Bond were required to guarantee construction of sewer laterals, curb and gutter, sidewalk, parkway drains, plant street trees, and install survey monuments for Parcel Map 71159. In lieu of bonds, two (2) Cash Deposits were issued to the City in the amount of $12,300.00 each for a total cash deposit of $24,600.00. Staff Recommendation Staff recommends that the City Council accept the public improvements and survey monuments and refund the two (2) Cash Deposits. ANALYSIS In accordance with the Conditions of Approval for Tentative Parcel Map No. 71159 approved by the Rosemead Planning Commission, the subdivider is required to construct sewer laterals, curb and gutter, sidewalk, parkway drains, plant street trees, and install survey monuments subsequent to recordation of the parcel map. On November 16, 2010, the subdivider executed an Undertaking Agreement (Attachment A) to guarantee completion of the public improvements within two years. In lieu of providing a Faithful Performance Bond and Labor and Material Bond, the subdividers, Steven Van and Kamon Lai, each provided Cash Deposits in the amount of $12,300.00, for a total of $24,600.00. The Public Works Department has inspected the public improvements and found them to be satisfactory. PUBLIC NOTICE PROCESS The item has been noticed through the regular agenda notification process. APPROVED FOR CITY COUNCIL AGENDA: f M NO. City Council Meeting January 10, 2012 Paqe 2 of 2 Submitted By: 0 Chris Marcarello Public Works Director Attachments: A. Undertaking Agreement B. Cash Receipts for Deposit C. Recorded Map CITY OF ROSEMEAD UNDERTAKING AGREEMENT THIS AGREEMENT made and entered this 16 day of NOVEMBER , 2010, by and between the CITY OF ROSEMEAD, State of California, acting by and through its City Council, hereinafter referred to as "CITY" and STEVEN VAN and KAMEN LAI (NAME) 1798 GIGAR TERRACE WEST COVINA CA 91792 1 9538 WENDON ST. , TEMPLE CITY CA 91780 (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 71159 hereby agrees, at the CONTRACTOR'S own cost and expense to fumish 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 sewer lateral, driveway, curb and gutter, curb drains, sidewalk, street trees 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 $24,600. 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 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, 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 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 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 the 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 cash deposits, in the opinion of the City, become insufficient, CONTRACTOR agrees to renew said cash deposits with good and sufficient deposits within ten (10) days of the receiving notice the said cash deposits 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 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 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, 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, 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 cash deposit 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. (Seal) Note: SIGNATURES MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC. (ATTACH APPROPRIATE ACKNOWLEDGEMENTS) a Mayor of the City of Rosemead Attested City Clerk of the City of Rosemead State of California County of 5 ALN,-f: e-&' On IU(1yeei*t- IL ( b E 6 1O before me, dGK t6c7 Ny r enr � r DatmnA e , Here Insert Name and Idle of the O or personally appeared 54e\"e_e) i1Crn ar)8 Wct,.. te(1 i nit i Name(s) of Signer(s) ERICKA HERNA Z Commission # 1803512 °® Notary Public - California Los Angeles County d My Comm. Expires Jun 24, 2012 Place Notary Seal and /or Stamp Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is re subscribed to the within instrument and acknowledged to me that he /she /o� executed the same in his /her / St authorized capacity(ies), and that by his /her /tkrgnsignature(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 correct. WITNESS my hand and official seal. Signature: p� Signature of Nota Public OPTIONAL 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. Description of Attached Document A / Title or Type of Document: (�'t r t�,r kr A e J 00 AA,44 Document Date: NO \j . )t° ! Zo l C7' Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer—Title(s): ❑ Individual ❑ Partner—E] Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual a ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is. Representing: ©2008 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatraorh, CA 91313-2402-w .NabonalNomry.org Item #5907 i CITY OF ROSEMEAD BOND FOR LABOR AND MATERIALS (Subdivisions) WHEREAS, the City Council of the City of Rosemead, State of California, and STEVEN VAN and KAMEN LAI (hereinafter designated as "PRINCIPAL ") have entered into an undertaking agreement whereby PRINCIPAL agrees to install and complete certain designated improvements, which said agreement, dated NOVEMBER 16 2010, and identified as Parcel Map 71159, is hereby referred to and made a part hereof, and WHEREAS, under the terms of said agreement, PRINCIPAL is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Rosemead to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, said PRINCIPAL and the undersigned as surety, are held firmly bound unto the City of Rosemead and all contractors, subcontractors, laborers, matedalmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code in the sum of Twelve Thousand Three Hundred Dollars ($12,300), which is 50 percent of the estimated cost for the above - referenced improvements, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, it does hereby waive notice of any such change, extension, alteration or addition, and hereby waives the requirements of Section 2845 of the Civil Code as a condition precedent to any remedies the City of Rosemead may have. IN WITNESS WHEREOF, this instrument has been duly executed by the PRINCIPAL and surety above - named, on November 16 , 2010. Principal STEVEN VAN Principal KAMEN LAI ALL SIGNATURES MUST BE WITNESSED BY NOTARY 1.i • " i a 1 r ' ,�� 1 ,,�' �' State of California County of o PC, :e a 2 On A1>Iew16e� I loI I d before me, iii c �a 16cw�� %y� Kew (-C-- Dale -�'� Here Inert Name and TNe of the cer personally appeared e+eVEV1 \%A Yl a^� ametal of s' 9ne lq t�� (� {� t ERICKA HERNANDEZ Commission # 1803512 a Notary Public - California $ Los A ngeles County ; My Comm. Expires Jun 24, 2012 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) iso subscribed to the within instrument and acknowledged to me that he/she/49D executed the same in his /her eir authorized capacity(ies), and that by his /her/ el 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 correct. WITNESS my hand and official seal. Signature: Place Notary Seal and /or Stamp Above Signature of Notary Public OPTIONAL 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. Description of Attached Document \ Title or Type of Document: �® I\ �N - Document Date: Ism. ? Lc Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer— Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here Cl Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2008 National Notary Association -9350 De Soto Ave., P.O. Box 2402• Chatsworth, CA 91313 -2402• vosaMationalNotarry.org Item #5907 Reorder Call Toll -Free 1 -800 -876 -6827 368/ 9 I 90Ck( •' QRJ LL 2 PARCELS AREA: 13,949 S.F. PARCEL MAP NO, 71159 IN THE CITY OF ROSEMEAD Iillp ll COUNTY OF LOS ANGELES, STATE OF CALIFORNIA 'NNIWRMI• BEING A SUBDIVISION OF A PORTION OF LOTS 17 AND 18, TRACT NO. 7062, AS PER MAP RECORDED IN BOOK 109 PAGES 20 AND 21, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. SUBDIVIDERS' STATEMENT: BE HEREBY STATE BEAT ME ARE ME 9JBpMaRS OF BEE LANDS BOHM EAGER TIE "M"M SO" ON MI5 RAP WHEM BEE BRANS BASER IVES, ME BE DENSEST TO THE BHPARAD N AND RAMC OF SAID MM BAD SIMOMBOR. SlE4EN VAN (SUBDINOER) RECORD OWNERS: KIDDED CARERS ARE KAMDAT INVESTMENT. INC. AND MKL DEVELCPMENT. INC. NOTARY ACKNOWLEDGMENT: STATE OF CAUFORNIA COUNTY OF LOS ANGELES ) ON •'QAq- ',YDIO BEFORE ME SI}NpV L£F NOTARY PUBLIC. PERSONALLY gpPEABED STEVLN VAN NHO PROI£D TO ME ON TIE BASIS OF SATISFACTORY ENDENCE TO BE THE PERSON AROSE ISE SUBSCRIBED TO ME WITHIN INSTRUMENT AND ACKNOBLEDGEO TO ME MAT HE EXECUTED ME SAME IN HIS AUTHORRD CAPACITY AND MAT BY HIS SIGNATURE ON ME INSTRUMENT, ME PERSON OR ME ENTITY UPON BEHALF OF MICH ME PERSON ACTED, EXECUTED ME INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER ME LAMS OF ME STATE OF CALIFORNIA MAT ME FOREGOING PARAGRAPH IS TRUE AND CORRECT. N11NES5 My NANp ,A .' Y� C%(R/A�N,^,'•1/�/y/P�X� NAME: Smy Gr, F-- MY PRINCIPAL PLACE GF BUSINESS IS IN , 1 NOTARY PUBLIC IN AND FOR LOS ANGEL COUNTY MY COMMISSION EXPIRES iF RDIV SAID SLATE MY COMMISSION NO, 'I'9�1 BASIS OF BEARINGS ME BEARINGS SHORN HEREON ARE BASED ON ME BEARING N89'31.1'E OF ME CENTERUNE OF MARSHALL STREET FORMERLY GRANDVIEW AVENUE) AS AND" ON MAP OF TRACT NO. 7062, RECORDED IN BC 109, PAGES 20 AND 21, OF MAPS, RECORDS OF ME COUNTY OF LOS ANGELES.. RECORD EASEMENT HOLDERS PACIFIC BELL TELEPHONE COMPANY, A CORPORATION EASEMENT HOLDER FOR TELEPHONE, TELEGRAPH AND COMMUNICATOR STRUCTURE PURPOSES, AS INSCLOSED BY DEED RECORDED FEBRUARY 1, 2001, AS INSTRUMENT NO. 01- 0178730, OF OFFICIAL RECORDS RECORDS OF ME COUNTY OF LOS ANGELES. I HEREBY CERTIFY MAT ALL CERTFTCATES HAW BEEN FREB AND OPPOSITE HAVE BEEN MADE MAT ARE REQUIRED UNDER ME PROMSIOUS OF SECTORS 56492 AND 80493 OF ME SUBDIMSION MAP ACT. EXECUTIVE OFFICER BOARD OF SUPERMSCRS OF ME COUNTY L ANGELES, STATE CE CALIFORNIA BT M r— DAIS 02.26.11 DFFUT H HEREBY CERTIFY THAT SECURITY IN ME AMOUNT OF II q,S75A,OC HAS BEEN FILED WITH ME EXECUTIVE OFFICER, BOARD W SUPEflMSOVS OF INC COUNTY CE LOS ANGELES AS SECURITY FOR ME PAYMENT OF TAXES AND SPECIAL ASSESSMENTS CO.LECTED AS TAXES ON ME LAND SHORN ON MAP OF PARCEL MAP NO. 71158 AS REQUIRED BY LAW. EXECUTIVE OFFICER BOARD OF BUPFRMSORS OF ME COUNTY O W ANGELES, STARE OF CALIFORNIA BY DARE 02.2i•11 �{ DEPUTY SURVEYOR'S STATEMENT: SHEET 1 OF 2 SHEETS FILED ATREDUESTCFaN1ER GtsM' /t•%A7• W XpCK AT PAGE A/ 0� D.A.FEECntk21) THIS MAP WAS PREPARED BY ME�OR URGER MY MRECVON AND IS BASED UPON A FIELD SCREWY IN CONFORMANCE MTi THE REQUIREMENTS OF ME SUBDM5IX! MAP ACT AND LOCAL ORDINANCE AT E REQUEST OF STEVEN VAN ON APRIL 27, 20139, I HEREBY STATE THAT THIS PAR MAP SUBSTANTIALLY CONFORMS TO ME CONDNICNALLY APPROVED TENTANYE MAP, IF ANY: THAT ME MONUMENTS OF ME CHARACTER AND LOCATIONS WON HEREON ARE IN PLACE. THAT SAID MONUMENTS ARE SUFFICIENT TO EHABIE ME SURVEY TO BE RETRACED. JACK C. LEE BQ' x EXPWES a -3D -2012 Ib F W MJR CITY ENGINEER'S CERTIFICATE: BEEN COMPLIED VEM. GATED IleYBNNPkA, Ib. p Ott ENGINEER R.C.E. 1722306 OF CITY OF ROS E1D MY REGISTRATION EXPIRES SPECIAL ASSESSMENTS CERTIFICATE I HEREBY CERTIFY MAT ALL SPECIAL ASSESSMENTS LENED UNDER ME MRISDICTON OF ME ON OF ROSEMEAD TO NEW ME LAND INCLUDED IN ME WIMN SUBDIMOON OR ANY PART THEREOF IS SUBJECT, AND WIN MAY BE PAID IN FULL, HAVE BEEN PAID IN FULL TE �O 41.1'%041, D L . 4 b Xilv7y^i -`1Li CITY SURVEYOR'S STATEMENT I HEREBY CERTIFY MAT 1 HAVE EXAMINED MIS MAP AND HAVE FOUND MAT IT CONFORMS AIM MAPPING PROMSIGNS OF ME SUBDIMMON MAP ACT AND MAT 1 AM SA759ED MAT MIS MAP IS TECHNICALLY CORRECT. DATED: 6 -1 B • TC 7lafa O. I kzt' CITY SURVEYOR LS. NO. 5301 OF ON OF ROSEMEAD MT REGISTRATION EMPIRES 12 -31 -2011 0 CITY CLERK'S CERTIFICATE; I HFRIBY QI(IDY MAT THE ON COUNCIL OF WE ON OF ROSEMEAD BY ADM, I Man aV T1ANe.,,L »_ 'z n APPROHFB MI ATTAa2D ".. R�C -1n - i"� 3 M�,6AA.D. DATE aT' ALERT - C11Y 6F R0.RMEA0 368/g2 SCALE: 1 "= 20' I� ®00H"— PAGE SHEET 2 OF 2 SHEETS PARCEL MAP CIO. 711159 IN THE CITY OF ROSEMEAD - COUNTY OF LOS ANGELES, STATE OF CALIFORNIA !➢ 9M. 4lAxPEO ,PE B- P" x4, al. . cm 1£ xo. 0-2-10, PFX Dry PE 8-x-11 s. Rn NL nE5 PEA su° 8-z -m. Af c/L Ixr. cm nC A4'E£PILO M c/L IM. xea]xm�r ___ —____ sT• NORWOOD PLACE I 2s 25' Li 0 (TII 1 rz5 p' W N I H J g PARCEL i $ W 6950 S.F. II; s I` 25' 25' 87 eh�rV 1 m s 4 xarxw� He8]1'°]'E 3e9.99' x•1!-00' R•15.W' I NOT A PART OF I Neeae' Lnbs> I THIS SUBDIVISION o-n.m• e -4 -1A Pamm M c/L I"T' w (I}1 T•I5.01' Cf\ T +11-04' N tl I 25' NOT A PART OF o I s. dIS R THIS SUBDIVISION 8 I R•16.OY \\�� NLr uxE a Lors n N0- 1e. I � I !6W ]Oez, M4-100- x0 -11. ao1• � aesm• ��/ WMIEH �VlXm H/ P.PoPAn0.V PfA s'0 R NeP]1•9i _ _ _ � _ 1M.ar I NOT A PART OF $� THIS SUBDIVISION I NV uxz OF Im xooaoev7la REe MAr 7, moo. 1xar EsrAnuslm PER xev]ru2 1uar I k�° -aQg .MM. 5000' V �g$2 iln I H J g PARCEL i $ W 6950 S.F. II; s I` 25' 25' 87 eh�rV 1 m s 4 xarxw� FI RI M _ n lzew• � _ _ � _ ]ss.0�_ _ MARSHALL STREET R Wi ENT NOM AQ VMVHIE MOM F/ EM OF PACIFlC BELL TMEPMNE WNPN FOR COR4FYOR'S NOTES: TETEPMKL TEIEOPAPN N10 COMMOMMFQN SMUCNflE PMWSES PER OEM RMOROM FEOR 1. 2001, AS WMIQIMEM NO. 01- 0178730, W XPU' R MI. T.10ID 15 EWI a, PMEMS OF LOS ANGELES MM, F)-00 SFl Y P, "WO L9 MN, Rld 25' I� It Iw IN QJ W I I I � �e� s Big, I I I I NOT A PART OF I Neeae' I SmI1MMau.%WT[XO° THIS SUBDIVISION PARCEL 2 e -4 -1A Pamm M c/L I"T' w (I}1 6984 S.F. N tl � I $I I I R I 8 I R•16.OY \\�� G•900Y1>'�M o-vsr 1 !6W ao1• � aesm• ��/ FI RI M _ n lzew• � _ _ � _ ]ss.0�_ _ MARSHALL STREET R Wi ENT NOM AQ VMVHIE MOM F/ EM OF PACIFlC BELL TMEPMNE WNPN FOR COR4FYOR'S NOTES: TETEPMKL TEIEOPAPN N10 COMMOMMFQN SMUCNflE PMWSES PER OEM RMOROM FEOR 1. 2001, AS WMIQIMEM NO. 01- 0178730, W XPU' R MI. T.10ID 15 EWI a, PMEMS OF LOS ANGELES MM, F)-00 SFl Y P, "WO L9 MN, Rld 25' I� It Iw IN QJ W I I I � �e� s Big, UEa JI u' emww rso.W 11 1 &W 14. 4 LEGEND INVCATES N OWNBARY OF ME LWO BEING- Waolmm BY THIS MAP. Neeae' I SmI1MMau.%WT[XO° I� e -4 -1A Pamm M c/L I"T' w (I}1 N W UEa JI u' emww rso.W 11 1 &W 14. 4 LEGEND INVCATES N OWNBARY OF ME LWO BEING- Waolmm BY THIS MAP.