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CC - Item 4K - Undertaking Agreement for Parcel Map 64175• M f\ S S • ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COLIN I FROM: ANDREW C. LAZZARETTO, CITY MANAG DATE: JUNE 12, 2007 SUBJECT: APPROVAL OF UNDERTAKING AGREEMENT FOR PARCEL MAP 64175 2321 PINE STREET SUMMARY In accordance with the Conditions of Approval for Tentative Parcel Map No. 64175 approved by the Rosemead Planning Commission on April 3, 2006, the subdivider is required to construct new sewer laterals, driveway, parkway drains, and 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 3, 2006, the Rosemead Planning Commission approved Tentative Parcel Map No. 64175 subject to Conditions of Approval that require the subdivider to construct new sewer laterals, driveway, parkway drains, and 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 Cash Deposit in the amount of $18,900. 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 & Cash Deposit Receipt APPROVED FOR CITY COUNCIL AGENDA: t • • • CITY OF ROSEMEAD UNDERTAKING AGREEMENT THIS AGREEMENT made and entered this 2-Y day of CC , 2007, by and between the CITY OF ROSEMEAD, State of California, acting by and through its City Council, hereinafter referred to as "CITY" and (NAME) V. hereinafter called the "CONTRACTOR." lt7 - S) WITNESSETH: • FIRST: The CONTRACTOR, for and in consideration of the approval of the final map of that certain land division known as Parcel Map 64175 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, driveway, parkway drains 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 is work is $12,600. • \J • 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 Eighteen Thousand Nine Hundred Dollars ($18,900) 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 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 C-] • Surety of Sureties on any Bond attached hereto. of the CONTRACTOR, and shall in no way affect the validity of this contract or release the IN WITNESS THEREOF, the parties hereto for themselves, their heirs, executors, • Mayor of the City of Rosemead Attested City Clerk of the City of Rosemed 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. PHI DUONG Commission # 1421855 @MY Notary Public - Callfomla Los Angeles County Comm. Expires Jun 3, 2007 (Seal) Note: By By SIGNATURES MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC. (ATTACH APPROPRIATE ACKNOWLEDGEMENTS) By 0 0 • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California O County of SS. On before me, Date , -1 personally appeared PHI DUONG Comma # 1421855 Nofvry Public - Cclifprnia Los Angeles County RP -W emycomm. Expires Jun 3, 20( Notary Publicl ❑ personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their 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. WITNES .fa'and a official seal. Square ol Notary PLdiNC ' \ OPTIONAL 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 Document Title or Type of Document: C / pSL. `2 'j Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ~~'~-0- ❑ Individual /J ,'Corporate Officer -Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is 0 1999 Nallonal Noary Association • 9350 De Soto Ave.. P.O. Box 2402 • Chatsworth, CA 91313-2402 • w .nabonelnotary.org Prod. No. 5907 Reorder. Cae T(*Free t-906.676-W7 1 Name: Address: Dept\By: For: RECEIPT FOR PAYMENT CITY OF ROSEMEAD 8838 EAST VALLEY BOULEVARD ROSEMEAD, CA 91770 626.569.2100 (M - TH 7:00 - 6:00 PM) 7-71 /Oo 8/- 2 3vo l ~ /Date: Cz Z v2"' U e"le, A.ZY / rt°vv/i,at, r. 1 TRAN TRAN CODE DESCRIPTION CODE DESCRIPTION 710 Building Permit Fees 100 Refundable Deposits 713 Strong Motion Fees 820 Buildingfield Rental/Supv 720 Public Works Permits 843 Class Registration 712 Occupancy Permits (Bldg) 844 Excursions 702 SitelSign Plan Review Fees 821 Sr Lunch Prog (RCRC) 700 Occupancy Permits (Plan) 822 Sr Lunch Prog (GCC) 701 Wildlife Exemption Fee 123 Miscellaneous Revenues