CC - Item 3E - Undertaking Agreement for Parcel Map 650990 0
ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: ANDREW C. LAZZARETTO, CITY MANAGE
DATE: APRIL 10, 2007
SUBJECT: APPROVAL OF UNDERTAKING AGREEMENT FOR PARCEL MAP 65099
3220-3226 DELTA AVENUE
SUMMARY
In accordance with the Conditions of Approval for Tentative Parcel Map No. 65099
approved by the Rosemead Planning Commission on September 18, 2006, the subdivider
is required to construct a new 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 September 18, 2006, the Rosemead Planning Commission approved Tentative Parcel
Map No. 65099 subject to Conditions of Approval that require the subdivider to construct a
new 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 $9,300 (Attachment B).
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Su fitted by:
A!
~i Ken Ru vina, P.E.
City Engineer
Attachment A: Undertaking Agreement
Attachment B: Cash Deposit Receipt
APPROVED FOR CITY COUNCIL AGENDA:
CITY OF ROSEMEAD
UNDERTAKING AGREEMENT
THIS AGREEMENT made and entered this 29 day of 1~IG{~ C~1 . 2007, by and
between the CITY OF ROSEMEAD, State of California, acting by and through its City
Council, hereinafter referred to as "CITY" and
5Ulam' t HLii)i -To k, L,
(NAME)
F C. 6OX 5`13 1 Ei-i?i_L CIT
(ADDRESS)
hereinafter called the "CONTRACTOR."
WITNESSETH:
C1 I -1 ~>O,
FIRST: The CONTRACTOR, for and in consideration of the approval of the final
map of that certain land division known as Parcel Map 65099 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 lateral 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 $6,200.
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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 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 of this Agreement, CONTRACTOR
shall file with the CITY a Cash Deposit in the amount of Nine Thousand Three Hundred
Dollars ($9,300) 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
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'Ahe 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
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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.
By ,
V
By
JULIE YEN LEE
Comm. # 1515411
NOTARY PUeLic•CALWOW
Le _N
Los Asgeks Cwnhh
(Seal) Ml COMM
Exp ru StpL 15,10e1
Note: jVx~
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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RECEIPT FOR PAYMENT
CITY OF ROSEMEAD
8838 EAST VALLEY BOULEVARD
ROSEMEAD, CA 91770
626.569.2100 (M - TH 7:00 - 6:00 PM)
I`IQI I IC.
Address:
A
Date: r~=A
For:
~pJ r~DOV / - v ~ 3vC~
30~- vo ~
TRAN
TRAN
CODE
DESCRIPTION
CODE
DESCRIPTION
710
Building Permit Fees
100
Refundable Deposits
713
Strong Motion Fees
820
BuildinglField Rental/Supv
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