CC - Item 4E - Parcel Map 64210E M P
5
p 9
~CORNORATED 1090
ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: ANDREW C. LAZZARETTO, CITY MANAGE
DATE: MAY 29, 2007
SUBJECT: RELEASE OF BOND - PARCEL MAP 64210
9213 MARSHALL STREET
SUMMARY
A Faithful Performance Bond and a
guarantee construction of new curb and
for Parcel Map 64210. In lieu of bonds,
the amount of $10,500.
Staff Recommendation
Labor and Material Bond were required to
gutter, sidewalk, driveway, and sewer laterals
Certificate of Deposit was issued to the City in
Staff recommends that the City Council accept the public improvements and release the
Certificate of Deposit.
ANALYSIS
In accordance with the
Conditional Use Permit
on December 5, 2005.
sidewalk, driveway, an
On June 13, 2006, the
Conditions of Approval for Tentative Parcel Map No. 64210 and
No. 05-1025 approved by the Rosemead Planning Commission
the subdivider is required to construct new curb and gutter,
1 sewer laterals subsequent to recordation of the parcel map.
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 subdivider
provided a Certificate of Deposit in the amount of $10,500. The City Engineer has
inspected the improvements and found them to be satisfactory.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Su~bmwitteed by:
h~ `'v
Ken Rukavina, P.E.
City Engineer
Attachment A: Undertaking Agreement & Certificate of Deposit
APPROVED FOR CITY COUNCIL AGENDA:
• •
CITY OF ROSEMEAD
UNDERTAKING AGREEMENT
THIS AGREEMENT made and entered this JL day of a 2006, by and
between the CITY OF ROSEMEAD, State of California, acting y and through its City
Council, hereinafter referred to as "CITY"sand
l ~i
(NAME)
(ADDRESS)
d eky,ea j% CA 917 7 0
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 64210 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 curb and gutter, driveway, sidewalk and sewer laterals.
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 $7,000.
• •
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 Time. Certificate of Deposit in an amount of Ten Thousand Five
Hundred Dollars ($10,500) 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 -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 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
Surety of Sureties on any Bond attached hereto.
0
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.
✓ b M
NATALIF D. DURIYOU
tomy Commisson; 1584834
Notary Public - Colifornid
Los Angeles County
Comm. Expires Jun 4, 2009
(Seal)
By M C V l
i
By
i
Note:
SIGNATURES MUST BE ACKNOWLEDGED
BEFORE A NOTARY PUBLIC.
(ATTACH APPROPRIATE ACKNOWLEDGEMENTS)
By
Mayor oft ity of Rosem
Attested a-Ab
City Clerk of the City of Rosemed
C
7
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of Zt-4
On 2?z,a before me, - 0 ,
D le Name and Title of Officer (e. g., Vane Doe. Notary PUNIC')
personally appeared „ (V/jrw
Name(s) of Sgner(s)
This Certificat s Attached
To. - t~~/yl
Document - Dated: 3 -/?-y
Signer-s Same As Above
NATALIE D. DURNOU
Commission#'1584834
Notary Public • California
y. , Los Angeles County
My Comm. Expires Jun 4, 2009
droved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) l~are
subscribed to the within instrument and
acknowledged to me that he/16e'/they executed
the same in his/&e itheir authorized
capacity(ies), and that by his/ leis/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.
Place Notary Seal Above l Signature of Notary Public
OPTIONAL
Though the informatior) below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment or this form to another document. .
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual Top of thumb here
❑ Corporate Officer-Title(s):
❑ Partner - ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
0 1999 Nalvlnal Noury Aaso0W14n • 9350 pie Soto Ave. Pe. Bo. 2402 • CNBlawonn. CA 9101] 2402 - ell, naeonamotary or9 P,m. No 5Np (lewder Cas Tol F,ee I.W,87611027
Bank of America -1,0~
BANKING CENTER ~~O ~~/6P 4~ ~NSgF. -761
CUSTOMER NAME N O i'✓ ~GI R
hUa WNUINU YU1tYUJG1 UNLT //J
PLEDGED TO / v `
Investment CD Receipt
00
~
DATE
.
1 6 r
INTEREST RATE
ANNUAL PERCENTAGE YIELD
S AMOUNT
ACCOUNT TERM
-r
X ,-V
MATURITY DATE
yg- a 00Y
ACCOUNT # 1
D'7 d / C - d f'd`./S
The written information wF grve 'Y is part of your agreement with us and tells you the current terms of this account This time deposit
reinvests automatically for the same account term upon maturity or on the effective date of a deposit or withdrawal made during the grace
period. (The grace period begins on the maturity date and is two business days for terms of 29 days or less; five calendar days for terms of
30 days through 89 days; seven calendar days for terms of 90 days or more.) We determine the interest rate for the reinvested deposit on
the date your funds are reinvested.
For information about early withdrawal penalties, please see the deposit agreement A personal time deposit is not transferable.
05.16-2576B 05-2002 NOT NEGOTIABLE a~.yo.a Pee. nmk ofA c,NA. • Mem FDIC