CC - Item 3G - Approval of Undertaking Agreementu
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ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNC L
FROM: ANDREW C. LAZZARETTO, CITY MANAGER
DATE: FEBRUARY 13, 2007
SUBJECT: APPROVAL OF UNDERTAKING AGREEMENT FOR PARCEL MAP 62444
3843 DELTA AVENUE
-SUMMARY
In accordance with the Conditions of Approval for Tentative Parcel Map No. 62444
approved by the Rosemead Planning Commission on January 16, 2006, the subdivider is
required to construct a sewer lateral and install survey monuments prior to recordation of
the final map. The undertaking agreement guarantees completion of the sewer lateral and
survey monuments.
Staff Recommendation
Staff recommends that the City Council approve the undertaking agreement for the
completion of public improvements.
ANALYSIS
On January 16, 2006, the Rosemead Planning Commission approved Tentative Parcel
Map No. 62444 subject to Conditions of Approval that require the subdivider to construct a
sewer lateral and install survey monuments prior to recordation of the final map. If the
public improvements are not constructed 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 Cash Deposit in
the amount of $12,600 (Attachment B).
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Submitted by:
Ken Rukavina, P.E.
City Engineer
Attachment A: Undertaking Agreement
Attachment B: Cash Deposit Receipt
APPROVED FOR CITY COUNCIL AGENDA: &-(-I- ITEM NUMBER:
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0 9 Attachment "A"
CITY OF ROSEMEAD
UNDERTAKING AGREEMENT
THIS AGREEMENT made and entered this day of G%U 2007, by and
between the CITY OF ROSEMEAD, State of California, acting by and through its City
Council, hereinafter referred to as "CITY" and
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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 62444 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:
Sewer lateral and 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 $8,400.
(NAME)
• •
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 _ X4K
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City Council.
FOURTH: It is further agreed that the CONTRACTOR shall have the control of the ml
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 Cash Deposit in an amount of Twelve Thousand Six Hundred
Dollars ($12,600) to guarantee faithful performance of all the provisions of this 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 Deposit within ten days of receiving notice that
said Cash 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 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
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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
(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
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WITNESS my hand /rd official seal.
Place Notary Seal Above
Signature of Notary Public
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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 Docum~ewt, I
Title or Type of Document:
Document Date: -..!/~~11 ~eJ ~ / Number of Pages
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Sig is Name:
Individual
❑ Corporate Officer - Title(s):
❑ Partner - ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
O Guardian or Conservator
❑ Other:
Signer Is Representing:
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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)
Name:f11
Address:
Dept\By: Date d-3u v }
For: . -Wyz,6 ~ - S✓r-6 -4 Pm t{Sl
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TRAN TRAN
CODE DESCRIPTION _ DE DE'SGRN
710 Building Permit Fees 7 100 Refundable Deposits
i 13. Strong Motion Fees. En BvrldmglField-RMalTSupv ;
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 Prog (GCC)
701 Wildlife Exemption Fee 123 Miscellaneous Revenues