CC - Item 2H - Undertaking Agreement for Parcel Map 65274E M f
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ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: OLIVER CHI, INTERIM CITY MANAGER
DATE: JUNE 26, 2007 llll3~~~~~~~_~~~'
SUBJECT: APPROVAL OF UNDERTAKING AGREEMENT FOR PARCEL MAP 65274
8958 WHITMORE STREET
SUMMARY
In accordance with the Conditions of Approval for Tentative Parcel Map No. 65274
approved by the Rosemead Planning Commission on April 17, 2006, the subdivider is
required to construct new curb and gutter, sidewalk, driveways, parkway drains and sewer
laterals; plant parkway trees; and install 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 17, 2006, the Rosemead Planning Commission approved Tentative Parcel Map
No. 65274 subject to Conditions of Approval that require the subdivider to construct new
curb and gutter, sidewalk, driveways, parkway drains and sewer laterals; plant parkway
trees; and install 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 Certificate of Deposit in the
amount of $12,900.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Submitted by:
/&I
Ken Rukavina, P.E.
City Engineer
Attachment A: Undertaking Agreement & Certificate of Deposit
APPROVED FOR CITY COUNCIL AGENDA:
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CITY OF ROSEMEAD
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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
CHAU BICH LAM
(NAME)
CA 91770
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 65274 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 drains and sewer
laterals; plant parkway trees; 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 $8,600.
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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 Time Certificate of Deposit in the amount of Twelve Thousand Nine
Hundred Dollars ($12,900) to guarantee faithful performance of all the provisions of this
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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
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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.
HSIANG CH HUAM
Commission # 1483463
Notary Public • California
Los Angeles County
My Comm. Expires Apr 28, 2008
(Seal)
Note:
By
By
SUBSCRTBFP AND SWORN TO BEFORE ME
THIS 6th DAY OF JUNE, 2007
WRTARY PUBLIC
SIGNATURES MUST BE ACKNOWLEDGED
BEFORE A NOTARY PUBLIC.
(ATTACH APPROPRIATE ACKNOWLEDGEMENTS)
By
Mayor of the City of Rosemead
JOHN TRAN
Attested
City Clerk of the City of Rosemed
NINA CASTRUITA
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24 MthCertificate of Deposit ACCOUNT NO. 15163306
EAST WEST BANK
Account Holder(s)
Chau Bich Lam,Payable To City of
Rosemead of Public Work for Labor,
Material and Performance Bond of Pa
rcel Map 65274
Date of Issuance: 06/06/2007
Initial Maturity Date:06/06/2009
Opening Balance$ 12,900.00
Initial Term: ?4 Mnn hs
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
Authorized SignatdCt '`°t--~ uate
Branch Address: 8168 E. Garvey Ave. Rosemead, California 91
LINE DATE WITHDRAWALS INTEREST ADDITIONS
NO.
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Issued 06/06/2007
770
BALANCE