CC - Item 4E - Undertaking Agreement Parcel Map 62810•
J
TO: HONORABLE MAYOR
AND MEMBERS
ROSEMEAD CITY COUNCIL
FROM: ANDY LAZZARETTO, CITY MANAGE
DATE: APRIL 4, 2006
RE: APPROVAL OF UNDERTAKING AGREEMENT FOR PARCEL MAP 62810
3209 BURTON AVENUE
Attached for consideration and approval is an undertaking agreement for the installation of
driveways, curb and gutter, sidewalk, and sewer laterals, catch basin relocation, and
installation of survey monuments for the subject development. A Cash Deposit in the
amount of $60,000.00 has been submitted to the City in lieu of surety bonds.
Pursuant to the Subdivision Map Act, the subject parcel map does not require City Council
approval.
RECOMMENDATION
It is recommended that the City Council approve the undertaking agreement for installation
of the proposed improvements and survey monuments.
Attachment
•
CITY OF ROSEMEAD
•
UNDERTAKING AGREEMENT
THIS AGREEMENT made and entered this 5 day of APRIL , 2006, by and
between the CITY OF ROSEMEAD, State of California, acting by and through its City
Council, hereinafter referred to as "CITY" and
r'HRT4 Nr'i T
(NAME)
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 62810 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:
Driveways, curb and gutter, sidewalk, catch basin relocation, 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 $40,000.
•
•
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 Cash Deposit in an amount of Sixty Thousand Dollars ($60,000.00)
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 said 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
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.
L]
E
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.
PHI DuoNG
Commission # 1421855
Notary Public • California
LAS Angeles County
My Comm. Ex0res Jun 3, 2007
(Seal)
Note:
By
By
SIGNATURES MUST BE ACKNOWLEDGED
BEFORE A NOTARY PUBLIC.
(ATTACH APPROPRIATE ACKNOWLEDGEMENTS)
By
Mayor of the City of Rosemead
Attested
City Clerk of the City of Rosemed
•
CALIFORRIA ALL-PURPOSE AEFiiIIfJfViFLEC3GMENT
State of California
ss.
County of3
to
On Ajesnd before me, / Gil
ate - r Name and Tale of icer to 9 .'Jane ro o ry Public )
personally appeared
E personally known to me
„proved to me on the basis of satisfactory
evidence
PHI DAMN G
Cammtsalon # 1421855
Notary ft1bllc _ C08(omla
Lot Arpelea County -
My Comm. Explres,lun 3, 2007
Souilure of Notary Public
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:
Document Date:
Signer(s) Other Than Named Above:
to be the person(s) whose name(s) islare
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, exxeecu~t~e the instrument.
ITNIry ESE hand an official seal.
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Capacity(ies) Claimed by Signer A/) r~
Signer's Name:
Individual
❑ Corporate Officer - Title(s):
❑ Partner - ❑ Limited ❑ General
❑ Attomey-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other.
Signer Is
I T I . ~,r i~e~e
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RECEIPT FOR PAYMENT
CITY OF ROSEMEAD
8838 EAST VALLEY BOULEVARD
ROSEMEAD, CA 0-1770
626.569.2100 (M - TH 7:00 - 6:00 PM)
For: ~l?`1 lv~ ~frb - C CA,a%>Z n:- ru_"
~cnt
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TRAN
CODE
DESCRIPTION
TRAN
CODE
DESCRIPTION
710
Building Permit Fees
100
Refundable Deposits
713
Strong Motion Fees
820
Building/Field Rental/Supv
720
Public Works Permits
843
Class Registration
712
Occupancy Permits (Bldg)
844
Excursions
702
Site/Sign Plan Review Fees
821
Sr Lunch Prog (RCRC)
700
Occupancy Permits (Plan)
822
Sr Lunch Prog (GCC)
701
Wildlife Exemption Fee
123
Miscellaneous Revenues
Dept\By: /N~, IDate: - ~'-Dlc