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CC - Item 2G - Approval of Tract Map 54385 and Undertaking Agreement• F M S i O 9 ? /M1tONPORAIT.D '.q9a • ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: OLIVER CHI, INTERIM CITY MANAGER &k-- G DATE: JUNE 26, 2007 SUBJECT: APPROVAL OF TRACT MAP 54385 AND UNDERTAKING AGREEMENT 3047-3061 IVAR AVENUE SUMMARY In accordance with the Conditions of Approval for Tentative Tract Map No. 54385 approved by the Rosemead Planning Commission on August 1, 2005, the subdivider is required to construct new curb and gutter, sidewalk, driveways, parkway drain and sewer lateral 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 Tract Map No. 54385 and the undertaking agreement for the completion of public improvements. ANALYSIS On April 1, 2005, the Rosemead Planning Commission approved Tentative Tract Map No. 54385 (Attachment A) subject to Conditions of Approval that require the subdivider to construct new curb and gutter, sidewalk, driveways, parkway drain and sewer lateral 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 B) 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 Certificate of Deposit in the amount of $24,000. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Sub itted y: Ken Rukavina, P.E. City Engineer Attachment A: Tract Map No. 54385 Attachment B: Undertaking Agreement & Certificate of Deposit APPROVED FOR CITY COUNCIL AGENDA: RACT NO. 5438 IN T CITY OF ROSEMEAD, COUNTY OF LOS GELES STATE OF CALIFORNIA (A~ TRIFECH ASSOCIATES. INC. s of a, I? .OBE` NO' 78. NO. 37 a ^ ;.N M8 3~p6 It6. ` T s? D? 83uE x-39. ' 4C kY+( ' 20' I .I _ _ _ _ ~,VVp (~S L1• UNE or 0 Lot HI Y. 40N or 370 IJ9. I ?27.08. ~ I I CO,? OF M.B. ENO. 3 Lot 7"9 I J9. Im m I z W Q I + NOT A PART OF THIS SUBDIVISION I ~ I I o I I y s i I 6'LY LINE OF LOT 131, TRACT No. 37D6 40-39. ESTAB . BY M PER SAO TRACT. PR ORATION I g n G N TSB' S' E 00 61 240., 74.00' 81.89 ' I _ = . I 216.69 N n m Nn ul ~N I o r n I I 4 6 9 8 o g o s NI 6.610 S.F. ^y S ^ 6.669 S.F. 6,331 S.F. J I I FZ LL 0 r S"GS r~ N BT56'j 155.8! 55 8! . Y 16. 61.D0 00, t 5.89 p55.8 . 8.00' L ^ B 56 7 N 8TS6' 61.89' 15S.fif I d y p~ ' ✓ n ~~.~11 n 20'-g ~ Z o LLI 24' X24' 20' 75• u -a' 0. ~ 11 7 yi ~1 kdg i 6.00 7.00' M O ' 7.00' V n o; 6.00' 1 o 3 2 1 6.610 S.F_ n n 8.689 S.F* 8,331 S.F. n I Q I 6'I- n ° I 1 ~ I ~ z t o J I I- -1------- ----poi- 1 7 7A DO' I 0- _ QI I C I N 8T56'36 E _ 240.x. 0 1.75' I Z I I N'LY LINE OF LOTS 126 AND 129, I TRACT NO. 3706. MB 40-39. ESTAB. 4' PER SAID TRACT `-20' . BY PRORATION 24'--I 24' ' I NOT A PART OF THIS SUBDIVISION 20 I 20 ; ;I TI I 2 !n Q 3 pI i5W COR OF LOT 126, z, / MT B T 93706. ' c zI Syy OOR OF LOT 128, /TRACT N0. 3706. M.B 40-39. SE CDR OF LOT 129, TAT NO. 3706, N B 40-39 . I z ; 220.70 - - - - - - - - - - . . . 220.70' c S'LY LINE OF LOTS 126 AND 129, I~ z n TRACT NO. 3706, MB 40-39. B N 6ss3'os E - GARVEY - MONUMENT NOTES: O F0. S.W. k T. LS 4629 PER TRACT NO. 44504, M.B. 1082-22-23 IN LIEU OF RR SPK W/CHIS -X- FLUSH PER CITY OF ROSEMEAD C/L TIE 8-2-24. OB FD. L @ T. (NO TAG) PER TRACT NO. 44504, M.B. 1082-22-23 AND CITY OF ROSEMEAD CA TIE B-2-24. © FD. L k T. (NO TAG) PER TRACT NO. 44504. M.B. 1082-22-23 AND CITY OF ROSEMEAD CA TIE 8-2-42 O FD. C.S. MON. IN HN PER TRACT NO. 44504, M.B. 1082-22-23. FD. NO1'HINC. ESTAB. AT REC. DIST. (4.86') FROM FO. MON. O ALONG C/L OF WAR AVENUE. F _ (TO BE SET) L k TAG LS 8924. - AVENUE EASEMENT NOTES: E1 S' WIDE EASEMENT OF SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION. FOR PUBLIC UTILITY PURPOSES BY DEED REC 03-24-1960 AS INST. 040. 3210, OF O.R. O 6' WIDE EASEMENT OF SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION. FOR PUBLIC UTILITY PURPOSES BY DEED REC 07-28-1967 AS INST. NO. 4216. BOTH OF O.R. (ES 26' WIDE RECIPROCAL NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS. DRAINAGE. PUBLIC UTILITIES. LANDSCAPING, SANITARY SEWERS AND INCIDENTAL PURPOSES OVER PRIVATE DRIVEWAY AND FIRE LANE INCLUDING MAINTENANCE ISSUES FOR THE BENEFR OF LOTS 2 THROUGH 5, INCLUSIVE. TO SE Z 481.41' C BASIS OF BEARINGS THE BEARINGS SHOWN HEREON ARE BASED ON THE BEARING OF N 01'05'55- W OF THE CENTERLINE OF NAR AVENUE, AS SHOWN ON MAP OF TRACT NO 44504. RECORDED IN BOOK 1082. PAGES 22 AND 23 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY. LEGEND: ■ • ■ INDICATES THE BOUNDARY OF THE LAND BEING SUBDMDED BY THIS MAP. 55,11U SU. H I. BEING A SUBDIVISION OF A PORTION OF LOT 130 OF TRACT NO. 3706, AS PER MAP RECORDED IN BOOK 40, PAGE 39 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. TRITECH ASSOCIATES. INC. OWNERS' STATEMENT: WE HEREBY STATE THAT WE ARE THE OWNERS OF OR ARE INTERESTED IN THE LANDS INCLUDED WITHIN THE SUBDIVISION SHOWN ON THIS MAP WITHIN THE DISTINCTIVE BORDER LINES. AND WE CONSENT TO THE PREPARATION AND FILING OF SAID MAP. LANH TTICCH TRIM (OWNER) YQNCTRAN (O NER ) Al LINDA MAN S. TRINH (OWNER) MY BACH TRINH (OWNER) STATE OF CAUFORNIA COUNTY OF LOS ANGELES S.S. ON THIS ~[.a_.QLdpi BEFORE ME, fl 1 N Y A NOTARY PUBLIC IN AND FOR SAID STATE. PERIONIALL)f APPEARED LANH TICH TRINH, YEN TRAM, LINDA MAN B. TRINH AND MY BACH TRINH, PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WM41N INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES). AND THAT BY MIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S). OR THE ENIIY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. WITNESS MY WAND SIGNATURES MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN ,CAS Aa Z~ COUNTY. 1,+4 gr lLA MY COMMISSION EXPIRES B*t i4 a iC (NAME PRINTED) _ MY COMMISSION NO. f~j9 PACT NO. 5438 IN T TTY OF ROSEMEAD, COUNTY OF LOS A LES STATE OF CALIFORNIA :FICIARY UNDER A DEED OF TRUST RECORDED 1. 02-0591485. OFFICIAL RECORDS, RECORDS TITS. ~ ~r BY: R A (F L. POD?4 STATE OF CALIFORNIA S.S. COUNTY OF LDS ANGELES ON THIS w/i ✓.,?.P .BEFORE ME A NOTARY PUBLIC W AND FOR SAD STATE, PERSONALLY APPEARED PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSON(S) WHOSE NAME(S) B/ARE SUBSCRIBED TO THE N INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THETR 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($) ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND SKx1A YY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE. IN LAS- 4.4Are9'7 COUNTY. _6 / MY COMMISSION EXPIRES 64-1L.N4 (NAME PRII D) 4 MY COMMISSION NO. 44117 SURVEYOR'S STATEMENT: THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF LANH TICH TRINH ON DECEMBER 15. 2002. I HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY. THAT THE MONUMENTS OF THE CHARACTER AND LOCATION ARE IN PLACE OR WILL BE IN PLACE WITHIN TWELVE MONTHS FROM THE RUNG DATE OF THIS MAP; THAT SAID MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. SA,V LAND S4P Hawc uo ~r$ I Is o5 -To-ei DATE CAD 6914 ♦j!' EX C. 6924 O! go; EX 9-30-2007 CITY ENGINEER'S STATEMENT: I HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND THAT IT CONFORMS SUBSTANTIALLY TO THE TENTATIVE MAP AND ALL APPROVED ALTERATIONS THEREOF: THAT ALL PROVISIONS OF SUBDIVISION ORDINANCES OF THE CITY OF ROSEMEAD. APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE IMP HAVE BEEN COMPLIED WITH; AND THAT ALL PROVISIONS OF THE SUBDIVISION MAP ACT SECTION 66442 (0)(1),(2) AND (3) HAVE BEEN COMPLIED WITH. CITY ENGINEER R.C.E. / 42666 OF CITY OF ROSEMEAD MY REGISTRATION EXPIRES 3-31-2007 ~ rTn CITY SURVEYOR'S STATEMENT: I HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND HAVE FOUND THAT IT CONFORMS WITH MAPPING PROVISIONS OF THE SUBDIVISION MAP ACT AND I AM SATISFIED SAID MAP IS TECHNICALLY CORRECT DATED THIS 8TH DAY OF DGCSM861L 2005 CITY SURVEYOR LS. NO. 5301 OF CITY OF ROSEMEAD MY REGISTRATION EXPIRES 12-31-2007 °.'t~ 0 o r"° dLAL9191 ~ 19..547 7 '~~c CITY CLERK'S CERTIFICATE: I HEREBY CERTIFY THAT THE CITY COUNCIL OF THE CITY OF ROSEMEAD BY MOTION ADOPTED AT ITS SESSION ON THE DAY OF 200. APPROVED THE ANNEXED MAP. CITY CLERK. CITY OF ROSEMEAD SIGNATURE OMISSION NOTES: THE FOLLOWING SIGNATURES NAVE BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436(0)(3)(A)(f-v91) OF THE SUBDIVISION MAP ACT, AS THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE TITLE AND SAID SIGNATURES ARE NOT REQUIRED BY THE LOCAL AGENCY. J. H. NAEGELE. AS TRUSTEE UNDER THE TERMS OF THE TRUST CREATED BY A DEED EXECUTED BY MAX N. NEWMARK AND JESSIE F. WVMARK, SUCCESSORS AND ASSIGNS. EASEMENT HOLDER FOR PIPE LINES BY DEED RECORDED AUGUST 28. 1929 AS INSTRUMENT NO. 220, IN BOOK 8296, PAGE 216 OF OFFICIAL RECORDS, RECORDS OF LOS ANGELES COUNTY. SAID EASEMENT IS INDETERMINATE IN NATURE. SOUTHERN CALIFORNIA EDISON COMPANY. A CORPORATION, EASEMENT HOLDER FOR POWER LINES BY DEED RECORDED MARCH 24, 1960 AS INSTRUMENT NO. 3210 AND JULY 28. 1967 AS INSTRUMENT NO. 4218, BOTH OF OFFICIAL RECORDS. RECORDS OF LOS ANGELES COUNTY. SPECIAL ASSESSMENTS CERTIFICATE: I HEREBY CERTIFY THAT ALL SPECIAL ASSESSMENTS LEVIED UNDER THE JURISDICTION OF THE CITY OF ROSEMEAD. TO WHICH THE LAND INCLUDED IN THE WITHIN SUBDIVISION OR ANY PART THEREOF IS SUBJECT, AND WHICH MAY BE PAID IN FULL, HAVE BEEN PAID IN FULL DATE CITY CLERK-CITY OF ROSEMEAD • • CITY OF ROSEMEAD UNDERTAKING AGREEMENT THIS AGREEMENT made and entered this 6th day of JUNE , 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) 1770 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 Tract Map 54385 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, sidewalk, driveways, parkway drain, sewer laterals 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 $16,000. ~J E 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 the amount of Twenty-Four Thousand Dollars ($24,000) 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 • 0 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. HSIANG CHI HUANG Commission # 1483463 Notary Public - California Los Angeles County aMy Comm. Expires Apr 28, 2008 (Seal) Note: By By SUBSCRIBED AND SWORN TO BEFORE ME THIS 6TH DAY OF JUNE, 2007 NOTARY P LIC SIGNATURES MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC. (ATTACH APPROPRIATE ACKNOWLEDGEMENTS) By Mayor of the City of Rosemead JOHN TRAM Attested City Clerk of the City of Rosemed NINA CASTRUITA 24 NItl acute of Deposit ACCOUNT NO. 163280 EAST WEST B 41C Account Holder(s) Yen "fran, Payable To City of Rosemead of Public Work For Labor, Material and Performance Bond of Tract Map 54385 Date of Issuance: 06/06/2007 Initial Maturity Date:06/06/2009 Opening Balance$ 24,000.00 Initial Term: 024 Months Interest Rate: 4.160% Annual Percentage Yield: 4,25% Min. Bal. Req. $ 10.000.00 Interest Compounding Method: Daily Maximum Bal. $ No Limit _ Additions: No Additions Allowed Earnings Distribution Earnings distribution frequency will be Quarterly with the last distribution on the final maturity date. l Authorized Signature Date issued 06/06/2007 Branch Address: 816 E. Garvey Ave. Rosemead, California 91770 LINE DATE WITHDRAWALS INTEREST ADDITIONS BALANCE NO. ^ `r 2 3 a 6 7 H 9 m I u 13 14 13 16 17 Ik 19 211 21 22 23 24