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CC - Item 5C - Release of Cash Deposit - Parcel Map 68743 at 3055 Sullivan AvenueROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGER DATE: MARCH 27, 2012 SUBJECT: RELEASE OF CASH DEPOSIT— PARCEL MAP 68743 (3055 SULLIVAN AVENUE) 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 68743. In lieu of bonds, a cash deposit was issued to the City in the amount of $8,250.00. All improvements have been completed to the satisfaction of the Public Works Department and there is no reason why the cash deposit should not be released. Staff Recommendation It is recommended that the City Council accept the public improvements and survey monuments and refund the cash deposit to Melody Hong. ANALYSIS In accordance with the conditions of approval for Tentative Parcel Map No. 68743 approved by the Rosemead Planning Commission on April 7, 2007, 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 December 11, 2007, the City Council approved an undertaking agreement for Tentative Parcel Map No. 68743, 3055 Sullivan Avenue, in the names of Mr. Andy D. Huynh and Ms. Nicole Wang. A cash deposit in the amount of $8,250.00 was provided to guarantee the completion of the required public improvements. Subsequently, the property at 3055 Sullivan Avenue was sold to Melody Hong and a new undertaking agreement was approved by the City Council on March 10, 2009. As a result, the initial deposit was released and a new cash deposit was made by the new property owner, Ms. Hong. The new undertaking agreement for public improvements was executed by Ms. Hong's general contractor, Tony Chen (DBA Dragon Builders). Mr. Chen subsequently abandoned the work and a new contractor was hired to complete the project. After work was completed, Mr. Chen and Ms. Hong both laid claim to the cash deposit and on APPROVED FOR CITY COUNCIL AGENDA: ITEM NO. City Council Meeting March 27, 2012 Page 2 of 2 February 10, 2012, Ms. Hong was awarded claim to the deposit by the Los Angeles Superior Court. Attached are the cash receipt showing receiving the deposit from Ms. Hong and the Court Order ordering the return of the deposit to Ms. Hong. LEGAL REVIEW The City Attorney has reviewed and approved this item. PUBLIC NOTICE PROCESS The item has been noticed through the regular agenda notification process. Submitted By: ,- A Chris Marcarello Public Works Director Attachments: A. Undertaking Agreement B. Cash Receipts for Deposit C. Court Order Dated February 10, 2012 D. Recorded Map CITY OF ROSEMEAD UNDERTAKING AGREEMENT THIS AGREEMENT made and entered this`d day of 2008, by and between the CITY OF ROSEMEAD, State of California acting by and through its City Council, hereinafter referred to as "CITY" and ` iC .L VW ✓A (A qi y �- -- (.ADDRESS) hereinafter called the "CONTRACTOR." WITNESSETH; FIRST: The CONTRACTOR, 'Or and in consideration of the approval of the final map of that certain land division known as Parcel Map 68743 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 sidewalk, plant parkway tree and install 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 CI'T'Y. The estimated cost to do all work and furnish all materials necessary to complete the work is $5,500. 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. l he CONTRACTOR further agrees to protect and hold harmless the CITY. its officers and employees, in performance of said work. Ali of said liabilities shall be assumed by the CONTRACTOR. Tl�e CONTRACTOR further agrees to protect and hold harmless the CITY, its officers, and employees from any and all claims. demands, causes ctaction. 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 ar&c!e. 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 far 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 share nave tide 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: Comemporaneouslywith the execution of this Agreement, CONTRACTOR shall file with the CITY a Cash Deposit in the amount of Eight Thousand Two Hundred and Fifty Dollars ($8,250) to guarantee faithful performance of all the provisions of this agreement and for the payment of all persons perarming labor and furnishings mater in connect with this agreement 5 the Cash Deposit, in the opinion nf the CITY. becomes insufficient. CONTRACTOR agrees to renew said Time Certificate of Depositwithin ten days nf receiving notice that Time Certificate vf Deposit isinsufficient SIXTH: ffthe CONTRACTOR neglects, refuses, or fails to prosecute the work wfth such diligence as to ensure its onrnphtkxn 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 defaultshatt be served upon him and upon any Surety in connection withthis contract. The Qb/ 6nuon/ shall have 'the power, on recommendation of the City Enginee/, to terminate all rights cf 'the CON' TF{ACT0Ro/ his Surety then existing ur which thereafter occur because af such Uehxu}t The determination by the City Engineer wf the queo|ionmy10 whether any nf the terms of the contract n/aQaoi§omtinnm have been violated, or have not been performed satisfactorily, shall be conclusive upon the CONTRACTOR, his Surrety, and any and all other parties who may have any interest in the contact or any portion thereof. The foregoing provisions of this section shall be in addition to all other rights and remedies available hz the CITY under law. SEVENTH: |n case suit is brought upon this contract, the CONTRACTOR hereby agrees to pay to the CITY a reasonable attorneys fee tube fimedby the Court. EIGHTH: I1is further agreed by and hmtwoen�hcparties hereto. inc|uding the Surety or Sureties on any Bond attached to this contract, that in the event it is deemed necessary to extend the time oi completion of 'the work contemplated to&m done under this contract, said extension may he granted by the City Council, either m! its own option. o/ upon request of the CONTRACTOR, and shall in no Aay 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 ;heir names, titles and seals this day as above indicated- t B Al— By (Seal) Note SIGNATURES MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC (ATTACH APPROPRIATE A- 1KNOWLEDGEMENTS) Mayor of the City of Rosemead Attested City Clerk of the City of Rasemed •'� 4 ► e _ b } STATE OF CALIFORNIA }ss COUNTY OF LOS ANGELES } On 12/09/2008 before me DANIEL LAM, Notary Public, personally appeared TONY S L CHEN DBA DARGON BUILDERS who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) isfare subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /heritheir 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 correct, WITNESS my hatid and Ificial seal. Signature__ (NOTARY SEAL) ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW. Title of Document Type._ # r ° c ° ` ` Number of Pages _ _ Date of Document z 14 Signer(s) Other Than Named Above All Purpose AcknoWedgment RECEIPT FOR PAYMENT CITY • ROSEMEAD 8838 EAST VALLEY BOULEVARD ROSEMEAD, CA 91770 69.2100 It? - TW 7 1 - - H M1 '4ame� Address: llept\By: Date: x. < , 01GITY OF ROSEREAD 61[i. 69.2100 TEL H - I.H. 7.00 AN - F :00 DL3CIRIPTION RCPT NO, ANOUNi REFUNDABLE DEP0311S 20603 8,25O , kM Payer Naufe NEWITY H004G Description REP DFPO Invoice 0 13814 IOTAIL 8 250, GO AYNEN; " 012 AHOLINT PAID uri[CK 8150OK2 z.flANr,F DUE 12,110/03 12 -, '4ORKSTAWN I t NAME UTY OF ROSEMEAD 626.569,2100 TES. M - TH 7:00 AM - 6:00 Ph .4 TRAM ,)DE DESCRIPTION CODE DESCRIPTION 71C, Balding Permit Fees 100 Refundable Deposits - 13 Strong Motion Fees 820 Building/Field Rental/Supv 0 Putsic Works Permits a 843 Class Registration Occupancy Permits f8idg) 84 Excursions ,)2 Sil !Sign Plan Reve w F s e �e F ees 821 Sr Lunch Frog (RCRC) 822 ��r LunC. Prog �Gr,C; Lt 'AY'dffe Exemption Fee 323 Miscellaneous Revenues , 01GITY OF ROSEREAD 61[i. 69.2100 TEL H - I.H. 7.00 AN - F :00 DL3CIRIPTION RCPT NO, ANOUNi REFUNDABLE DEP0311S 20603 8,25O , kM Payer Naufe NEWITY H004G Description REP DFPO Invoice 0 13814 IOTAIL 8 250, GO AYNEN; " 012 AHOLINT PAID uri[CK 8150OK2 z.flANr,F DUE 12,110/03 12 -, '4ORKSTAWN I t NAME UTY OF ROSEMEAD 626.569,2100 TES. M - TH 7:00 AM - 6:00 Ph 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EDWARD C. IP (SBN 233048) BHUPINDER KAUR MALIK -(SBN 255857) Law Offices of Edward C. Ip and Associates, A P.C. 4424 Santa Anita Ave., Suite 201 El Monte, CA 91731 -1684 TEL: (626) 228 -0638 FAX: (626) 228 -0639 ORIGINAL ]FILED FEB 10 2012 IASANGELES SUPERIOR COURT SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES — GLENDALE COURTHOUSE MELODY HOONG, an individual; BRUCE YAN, an individual; Cross- Complainants/Petitioner, LIM TONY CHEN,.d.b.a. DRAGON BUILDERS, an individual, HCC INSURANCE HOLDING GROUP, a Massachusetts Corporation, ROES 1 through 50, inclusive, Cross- Defendant/Respondent. Case No.: GC 044510 UMM ] ORDER GRANTING MOTION TO ENFORCE SETTLEMENT AND THE RELEASE OF PROPERTY FROM MECHANIC'S LIENS AND REQUEST FOR SANCTIONS Dept: Three of Glendale Courthouse Judge: Honorable John P. Doyle Date: February 10, 2012 Time: 8:30 a.m.' The Motion of Cross - Complainant Melody Hoong and Bruce Yan for an Order the settlement between the parties in this matter as against Cross Complainant Tony Chen business as Dragon Builders and Request for Sanctions in an Amount to Be Determined by Court, and the Motion the same Cross - Complainants for an Order for the Release Property fron Mechanic's liens came on for hearing in Department 3 of this Court on February 10, 2012 Appearances are as stated in the record that Edward C. Ip appeared on behalf of Complainants and Plaintiff failed to appear. 1 [PROPOSED] ORDER GRANTING MOTION TO ENFORCE SETTLEMENT AND RELEASE PROPERTY FROM MECHANIC'S LIENS 11 2 3 4 5 6 7 8 The Court, having considered the papers submitted by the parties, the pleadings on file this matter, and the responses provided by Cross - Complainants through their couns ORDERED as follows: 1. Mechanic's Liens with Instrument number 2009 159 4768 and Instrument 2009 159 4767 to be released forthwith, not withstanding Plaintiff's refusal to execute Release of subject Mechanic's Liens; 2. The performance bond deposited on December 10, 2008, with the City Rosemead in the amount of $8250 for the construction at 3055, 3057 Sullivan 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Rosemead to be paid forthwith to Cross - Complainant Melody Hoong and Bruce Yan; 3. Cross - Complainant Melody Hoong and Bruce Yan to notify the Contractor License Board with a letter stating their withdrawal of their complaint against the Plaintiff Chen; 4. All remaining claims and cross - claims to be dismissed without forthwith, pursuant to California Civil Procedure §664.6; and 5. The Court to maintain jurisdiction for the implementation of the above. I IT IS SO ORDERED. DATED: February 10, 2012 a P P T e Honorable John Doyle dge of the Superior Court [PROPOSED] ORDER GRANTING MOTION TO ENFORCE SETTLEMENT AND RELEASE PROPERTY FROM MECHANIC'S LIENS SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES, GLENDALE COURTHOUSE PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES: I am employed in the County of Los Angeles, State of California. My business address: 4424 Santa Anita Avenue, Suite 201, El Monte, CA 91731. I am over the age of 18 years and am not a party to this action. On February 10, 2012, I served the following document entitled: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [PROPOSED] ORDER GRANTING MOTION TO ENFORCE SETTLEMENT AND THE RELEASE OF PROPERTY FROM MECHANIC'S LIENS AND REQUEST FOR SANCTIONS on Tony Chen, 1519 Chapman Avenue, #196, City of Fullerton, CA 92831. BY MAIL: By placing in a true copy thereof in a sealed envelope addressed as to respective parties, and placing it for collection and mailing following ordinary business practice: I am readily familiar with the firm's practice of collection and processing correspondence, pleadings, and other matters for mailing with the United States Postal Service. The correspondence, pleadings and other matters are deposited with the United States Postal Service with postage thereon fully prepaid in Arcadia, California, on the same day in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if the postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. I declare under penalty of perjury under the laws of the State of California that the ° oregoing is true and correct. Executed on February dated this 10 day of February 10, 2006 10, 2012, at Ar 1a, Cali omia. y V , wrvanul qJtcut.K (iKANTING MOTION TO ENFORCE SETTLEMENT AND RELEASE PROPERTY FROM MECHANIC'S LIENS 2 PARCELS SHEET 1 OF 2 SHEETS AREA: 14,456 S.F. PARCEL MAP NO. 68743 AAY 1820M FILED - IN THE CITY OF ROSEMEAD AT OWWA / nDDfioe6m4e COUNTY OF LOS ANGELES, . STATE OF CALIFORNIA ^MN PuT BEING A SUBDIVISION OF A PORTION OF LOT 13 OF E.J. N mpN ATPME /0 BALDWIN'S FIRST SUBDIVISION IN THE RANCHO POTRERO GRANDE, - AS PER MAP RECORDED IN BOOK 66 PAGES 94 AND 95 OF In 101 .x+ _ MISCELLANEOUS RECORDS, . IN THE OFFICE OF THE COUNTY rtBUD w RECORDER OF SAID COUNTY. SUBDIVIDERS' STATEMENT: ENGINEER'S STATEMENT: D - A pH2O R'.On BE HEIREIN ST A X MFT BE ME ME AB ME LWBS INCLUDED MMN ME 91B MWTM UNDER MY DIRECN IS BASED UPON A R OY AP AND ME 06MSION. W MDR UIR M WE P O]NSfXi TO ME PREPARATION FEEL M WAY PREPARED BY ME CT RN 0 S MN' X CONS AND RUY i E pEW IgEMENTS OF F WE YUBOIN9CN MM MP C OF R YD Y.W 9JBMN9H1. � FIELD SURVEY IN CONFORMANCE N1T TI AH - HUYNH . BUMOEq NIW UN WANG SUBDIVIDER RECORD OWNERS: RECORD GNNEgS ARE ANDY D. HUYNH AND NICIX CHUNYAN WANG. STATE OF CAUFURNIA COUNTY OF IRS ANGELES ) SS RH BEFORE ME, /XIC N p NOTARY PUBUCEAffD SHOT D. HUYNX A 0 NICOLE CNUNTAN WANG ON WE ENOENCE TO BE WE PERSONS MO E ME SUBSCRIBE 10 WE�WHO INSTRUMENT AND AO(NONLEGED TO ME THAT THEY g MTE THE GAME IN THEIR ANHORIZED CAPACITY AND WAY BY THEW SIGNATURES ON WE INSTRUMENT, THE PF SON% OR WE GTTY UPON BEHALF OF MUCH WE PERSONS ACTED, EXECUTED WE INSTRUMENT. 1 CERTIFY MORAL KHLLTY OF PfR IIHp6Q iM1 UWS IF TW SIpT CP CALIFORNIA MOP lHF FW[601Ni 8 TUN! / MV CQO@CF. ` Am L AME Wil D Nr/C 1 M MY SSICN FMRRES: 'HH D MY P UP& PLACE OF M) IHE53 IG IN ANGELES COUN MY COMMISSION ND: /6%d4°7y Cow ,Mq off .� RECORD BENEFICIARY: emPN r BANK OF AMERICA H.A.. UNDER A GEED OF TRUST RECORDED JANUARY 4, 2007. AS WSIRUMENT NO. 07- 15156, OF OFFICIAL RECORDS BATED lIBRRT E)OTRE3 5 -30 -2009 BpRVa RA CITY ENGINEER'S CERTIFICATE: I HEREBY CERTIFY THAT I HAVE EXAMINED THIS MAP; THAT IT CONFORMS SUEMANTALLT TO TIE TNTARW MAP AND ALL APPROVED ALTERATIONS THEREOF: THAT ALL PROWSDNS OF SUBDIVISION ORDINANCES OF WE CITY OF ROSEMEAD. APPUCABLE AT WE TME OF APPROVAL OF THE TENTAMW MAP HAW BEEN COMPUED WMA; AND ALL PROVISIONS OF WE SUBDINYION MAP ACT SECTION 66442 (0) (1). (2) AND (3) HAW BEEN COMPLIED VON. { DATED THIS � DAY R 0 -' .2005 �g�y� IRO . "W L IN 639 WORATION DATE, . 9' RCSF j q 4 tlTV ENGINEER, OT'< RF ROSEMEAD `N SPECIAL ASSESSMENTS CERTIFICATE THEREBY CERTIFY THAT ALL SPEOM ASSESSMENT: LEAH UNDER WE JURIMICTOM OF THE CITY OF ROSEMEAD TO WHICH WE LAND INOUDED IN WE WTUN SLEINSIOU OR ANY PART THEREOF IS SUB.£CT. AND MICH MAY BE PAID IN FULL HAW BEEN PAID IN FULL Ahj= ,bail PR" ORTr CITY CIENA - OTT O RO.WMEAO BASIS OF REARINGS, CITY SURVEYOR'S STATEMENT: I HEREBY CERTFY MAY I HAW EXAMINED THIS MAP AND HAW FOUND WE BEARINGS SHOYM HEREON ARE BASED ON WE BEARING NO3YW OF WE CENTER THAT IT CONFORMS MW MAPPING PH SIGNS OF WE SIIODINSION MAP LINE OF ROSEMEAD PLACE PER PARCEL MAP NO.: 12993, POD 1W. PAM 59. ACT AND WAY AM SATSFlfO THAT TINY MAP IS 1ECHNICALY CORRECT. DATED 1X15 S DAY OF 00000/ ,2007 RECORD EASEMENT HOLDER: 1270 , A Q ,n ' -- ow L D KNELL, L MARY I ERESLI 5. GILLETT, EASEMENT HO LDER OF AN DEMENT FOR CITY SURVEYOR, ROSEMEAD IR ➢FTEi 1 (A& 5131 12-3E- P0.E UNES. S 3 IN P BO ANp INCIDENTAL AL FILIAL SEED CITY SUpVETOR. CITY DF gpSEMEAB RECORUE MARCH ARCH COND 16, ITS 18, 199 1H 34, IN BOCK 12700 PAGE {9 OF OFFICIAL pL gE COR Y pHpS. SAID EASEMENT IS MANKET IN NATURE. aw Al Np YW °H�MY6�FRnOMN Ww Its ° I"u�e °F O,n¢ncamlW e MGM s-Ae -air w °FY°NN°OR �.'�: s ozi SCALE: 1 "= 30' PARCEL MAP NO. 68743 IN THE CITY OF ROSEMEAD COUNTY OF LOS ANGELES, STATE OF CALIFORNIA M arr vN-ze � rl \ I 2rc I I I �I 9i CIS I I I I WHITMORE STREET 8 ! w U r J SHEET 2 O 2 SHEETS M M NNL PER M X0. 0601]6, R01- 399 -70-]9 N09Y1.124_ MA99' WHITMDRE STREET a - � rs9• n9e•E +o�• nt - 1 II' can K. i..v9 a 9 � @ savwulm, XR-66 -9X-93 3 2y I I eg I I i ST ARG O_ _ NOT A PART OF PLACE - THIS SUBDIVISION ��- I rLr LWE,RPM M 0 Y1 :4u MTR v P E R r u, em], Enn. e .. nEm - 25' 25 A 4 - 0 ; X09YL•12'E PPd.19• - < Ny ° 19BJ9' 3914' W RR RR M _ Q w 4�h dd xv9n9ec vaRr a Z p 0133 S.F. h 1 F+ q° gB � 9.9 X09.11'IP'E 222.92' Nar 1. of IX6'i. XV. � 25' H9), MT. PER 9g1v REED NOT A PART OF THIS SUBDIVISION. I ------------- 4 X09'<19)2 I o GARVEY exvEm9 XORa • EOUILS N YREMSM.. O EL4161M.SN ®NE.A< 4O.' AVENUE 4.e �I Ip I� I= CC \ 25' ]Eg I A 1 II rn s6v, FAR. rm /Iz EISOYER -, r.S nii CITY YTE -u' -- C13RTADA STREET I �G� �I MI/ € y :1 1 20' a Z p 0133 S.F. h 1 F+ q° gB � 9.9 X09.11'IP'E 222.92' Nar 1. of IX6'i. XV. � 25' H9), MT. PER 9g1v REED NOT A PART OF THIS SUBDIVISION. I ------------- 4 X09'<19)2 I o GARVEY exvEm9 XORa • EOUILS N YREMSM.. O EL4161M.SN ®NE.A< 4O.' AVENUE 4.e �I Ip I� I= CC \ 25' ]Eg I INTAQUES TIE SWNRARY GF THE LAND BEING SIIBDINDED 0Y THIS MAP. A 1 II rn s6v, FAR. rm /Iz EISOYER -, r.S nii CITY YTE -u' INTAQUES TIE SWNRARY GF THE LAND BEING SIIBDINDED 0Y THIS MAP.