CC - Item 4F - 3055 Sullivan AvenueROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: OLIVER CHI, CITY MANAGER
DATE: JANUARY 8, 2008
SUBJECT: APPROVAL OF UNDERTAKING AGREEMENT FOR PARCEL MAP 68743
3055 SULLIVAN AVENUE
SUMMARY
In accordance with the Conditions of Approval for Tentative Parcel Map No. 68743
approved by the Rosemead Planning Commission on April 2, 2007, the subdivider is
required to construct sewer laterals, driveways and sidewalk, plant a parkway tree and
install survey monuments prior to recordation of the final map. The undertaking agreement
guarantees completion of these public improvements.
Staff Recommendation
Staff recommends that the City Council approve the undertaking agreement for the
completion of public improvements.
ANALYSIS
On April 2, 2007, the Rosemead Planning Commission approved Tentative Parcel Map
No. 68743 subject to Conditions of Approval that require the subdivider to construct sewer
laterals, driveways and sidewalk, plant a parkway tree and install survey monuments prior
to recordation of the final map. If the public improvements are not completed prior to
recordation of the final map, the subdivider must execute an undertaking agreement
(Attachment A) and provide a Faithful Performance Bond and Labor and Materials Bond in
an amount estimated by the City Engineer. The undertaking agreement guarantees
completion of the public improvements within two years. In lieu of surety bonds, the
subdivider has provided a Refundable Cash Deposit in the amount of $ 8,250.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared by:
2 '
AJ Wang, P.
City Engineer
APPROVED FOR CITY COUNCIL AGENDA:
0 0
City Council Meeting
January 8, 2008
Paqe 2 of 2
Submitted b
Brian Saeki
Manager
Attachment A: Undertaking Agreement & Refundable Cash Deposit
Dec 05 07 03;13p 626569230a p.Z
CITY OF ROSEMEAD
UNDERTAKING AGREEMENT
THIS AGREEMENT made and entered this Lfj day of DC-C-ckm~ r, 2007, by and
between the CITY OF ROSEMEAD, State of California, acting by and through its City
Council. hereinafter referred to as "CITY" and
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 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
CITY. The estimated cost to do all work and furnish all materials necessary to complete the
work is $5,500.
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Dec 03 07 03:13p 626563^2303 p.3
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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 forthe 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 Time Certificate of Deposit in the amount of Eight Thousand Two
Hundred and Fifty Dollars ($8,250) to guarantee faithful performance of all the provisions of
Oec, 05 07 03:19p
8~6569Z300 p•4
this agreement and for the payment of all persons performing labor and furnishings
materials in connection with this agreement. If the Time Certificate of Deposit, in the
opinion of the CITY, becomes insufficient, CONTRACTOR agrees to renew said Time
Certificate of Deposit within ten days of receiving notice that Time Certificate of Deposit is .
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 maybe granted by the City Council, either at its own option, or upon request
Dee 05 07 03:1910 6265002303 P 5
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of the CONTRACTOR, and shall in noway affect the validity of this contractor 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
y.~- ,
(Seal)
Note:
SIGNATURES MUST BE ACKNOWLEDGED
BEFORE A NOTARY PUBLIC.
(ATTACH APPROPRIATE ACKNOWLEDGEMENTS)
By
Mayor of the City of Rosemead
Attested
City Clerk of the City of Rosemed
• •
ALL PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA }ss
COUNTY OF LOS ANGELES }
On 12/10/2007 before me DOUGLAS DAC NGUYEN, Notary Public, personally appeared ANDY HUIYNH &
NICOLE WANG personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person(s whose name(s) i are ubscribed to the within instrument and acknowledged to me that
he/sh hey xecuted the same in his/her/their authorized capacity(ies), and that by his/he their
signature s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted
executed the instrument.
WITNESS my hand and official seal.
Signature S~e'(Y r
@My DOUGLAS DAC NGUYEN
Commission # 1530672
Notary Public - Califomla
Los Angeles County
Comm. Expires Nov 27.2008
(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 TypeCJNAK i RrC nIG AGrKC-mil 4E n(T 1
Number of Pages Date of Document /-Z 4 00 '7 /
Signer(s) Other Than Named Above
All Purpose Acknowledgment
>11CITY OF ROSEMEAD
626.569.2100 TEL
M - TH 7:00 AM - 6:00 PM
DESCRIPTION RCPT NO. AMOUNT
REFUNDABLE DEPOSITS 13552 8,250.00
Payer Name ANDY D. HUYNH/NICOLE WAN
Description REF DEPO
Invoice # 68743
TOTAL 8,250.00
PAYMENT #000067 AMOUNT PAID
CHECK 88594064 8,250.00
CHANGE DUE .00
12/11/07 14:22 cte
WORKSTATION 1
NAME
ADDRESS
LICENSE NO.
PHONE NO.
CITY OF ROSEMEAD
626.569.2100 TEL
M - TH 7:00 AM - 6:00 PM