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CC - Item 4H - Release of Bond Parcel Map 27139• • ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: OLIVER CHI, CITY MANAGER l7'"-'~• DATE: NOVEMBER 20, 2007 SUBJECT: RELEASE OF BOND - PARCEL MAP 27139 9306 GUESS STREET SUMMARY A Faithful Performance Bond and a Labor and Material Bond were required to guarantee construction of a sewer lateral, driveway and parkway drain, and planting of a parkway tree for Parcel Map 27139. In lieu of bonds, a Certificate of Deposit was submitted to the City in the amount of $6,000. Staff Recommendation Staff recommends that the City Council accept the public improvements and release the Certificate of Deposit. ANALYSIS In accordance with the Conditions of Approval for Tentative Parcel Map No. 27139 approved by the Rosemead Planning Commission on November 17, 2003, the subdivider is required to construct a sewer lateral, driveway and parkway drain, and plant a parkway tree subsequent to recordation of the parcel map. On April 12, 2005, the 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 $6,000. The City Engineer has inspected the improvements and found them to be completed satisfactorily. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: R Alfonso, P.E. City Engineer APPROVED FOR CITY COUNCIL AGENDA: 0 • • City Council Meeting November 20, 2007 Page 2 of 2 by: City Manager Attachment A: Undertaking Agreement & Certificate of Deposit • • CITY OF ROSEMEAD UNDERTAKING AGREEMENT Attachment A THIS AGREEMENT made and entered this -LL day of , 2005, by and between the CITY OF ROSEMEAD, State of California, acting by and through its City Council, hereinafter referred to as "CITY" and L(E4S S 1 . hereinafter called the "CONTRACTOR." W ITNESSETH: FIRST: The CONTRACTOR, for and in consideration of the approval of the final map of that certain land division known as Parcel Map 27139 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: i Construction of sewer lateral, driveway, and parkway drain; Planting parkway tree. 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 $4,000. 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 cant' out this agreement. 0 0 FIFTH: Contemporaneously with the execution of this Agreement, CONTRACTOR shall file with the CITY a Time Certificate of Deposit in an amount of Six Thousand Dollars ($6,000) 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 said 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 attorneys fee to be fixed by the Court. EIGHTH: It is further agreed by and between the patties 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. 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 By (Seal) Note: SIGNATURES MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC. (ATTACH APPROPRIATE ACKNOWLEDGEMENTS) By %-0 0 a of the City of Rosemead Attested r, City Clerk of the City of Rosemed 0 0 ACKNOWLEDGEMENT State of California s County of Los Angeles J On /7 d a ' S' Date personally appeared, S/ 1 A before me, Xiao-Yan Hu - acting as a Notary Public, id ye A- 11 personally known to me -OR- Mproved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instruments and acknowledged to me that he/she/they executed the same inj iglher/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. r U XC~s1A414U NOOTARYNGB O NT7 C) Signature of Xiao-Yan Hu, California Notary Public cow W. ~rRa zo. MU-+ Commission No. 1412434 - expires April 20, 2007 OPTIONAL INFORMATION The law does not require the information below, however, it could prevent fraudulent reattachment of this acknowledgement to an unauthorized document. This certificate must be attached to the document described below: Capacity claimed b Signer rinci a 8 Individual ❑ Corporate Officer Titles(s) ❑ Partner(s) ❑ Attorney-in-Fact ❑ Trustee(s) ❑ Subscribing Witness ❑ Guardian/Conservator ❑ Other: Signer is representing: Name of Person(s) or Entity(ies) Description of Attached Document Title or Type of D c ' rn f r' ~Q Number of Pages incl. Acknowledgement Ma-~"CGr Z' --r - S Date of Document Signer(s) Other Than Named Above a Right Thumbprint of Signer Form Design by Xiao-Yan Hu (626) 927-9123 • ctibank (I TIII-~Nh M, EST), FS 13 532W VALLEY BLVD SAN (;ABRI1•:L, CA 9 1 7 76-0000 AMR. SINI I l'HU NGUY IEN FOR TI-Ir HVNrFIT OF ('ITV OF ROSE MEAD 9_4110 tl fati N'fr IZO`+E.MEAD. C.A 91770 MARCH 17, Zn- " ' rnr. 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