CC - Item 4F - Undertaking Agreement Parcel Map 64210C
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ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCI
FROM: ANDREW C. LAZZARETTO, CITY MANAGE
DATE: JUNE 13, 2006
SUBJECT: APPROVAL OF UNDERTAKING AGREEMENT FOR PARCEL MAP 64210
9213 MARSHALL STREET
SUMMARY
In accordance with the Conditions of Approval for Tentative Parcel Map No. 64210
approved by the Rosemead Planning Commission on December 5, 2005, the subdivider is
required to install public improvements prior to recordation of the final map. The
undertaking agreement guarantees construction of the public improvements.
Staff Recommendation
Staff recommends that the City Council approve the undertaking agreement for the
installation of public improvements.
ANALYSIS
On December 5, 2005, the Rosemead Planning Commission approved Tentative Parcel
Map No. 64210 and Conditional Use Permit No. 05-1025 subject to Conditions of Approval
that require the subdivider to construct a new driveway, sewer lateral, and parkway drain,
and plant a parkway tree prior to the recordation of the final map. If the public
improvements are not constructed prior to the 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 construction of the public
improvements within two years. In lieu of surety bonds, the subdivider has provided a
Certificate of Deposit in the amount of $10,500 (Attachment B).
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Submitted b
/en Rukavina, P.E.
City Engineer
Attachment A: Undertaking Agreement
Attachment B: Certificate of Deposit
APPROVED FOR CITY COUNCIL AGENDA: ITEM NUMBER:
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CITY OF ROSEMEAD
• ATTACHMENT A
UNDERTAKING AGREEMENT
THIS AGREEMENT made and entered this ~ day of 4 , 2006, by and
between the CITY OF ROSEMEAD, State of California, acting ly and through its City
Council, hereinafter referred to as "CITY" and
(NAME)
I I , J_ . 90 4 e A,-,x -7 7 0
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 64210 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, driveway, sidewalk and sewer laterals.
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 $7,000.
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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 an amount of Ten Thousand Five
Hundred Dollars ($10,500) 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 attomey'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.
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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.
NATAIIE D. DURIVOU
Commission # 1584834
( Notary Public - California
Los Angeles County
My Comm. Expires Jun 4, 2009
(Seal)
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Note:
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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
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
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County of
On O before me, jl~~ ~ _ rU - ir~zz ze ccJ
D& Name and Title of Officer (e.g.. -Jane Doe. Notary Pudic')
personally appeared &,7L~1,
Namefsl of Sronerfsl
This Certificat s Attached/
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Document (-/Dated.
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Signer-s Same As Above
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IATALIE D. DURIVOU
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Commission # 1584834
amy Notary Pulallc - Callfomia
Los Angeles County
Comm. Expires Jun 4, 2009
Place Notary Seal Above
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droved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) , are
subscribed to the within instrument and
acknowledged to me that he/dQ/they executed
the same in his efftheir authorized
capacity(ies), and that by his/Ceer/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted. executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
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U Attorney in Fact
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Title(s):
I ~ General
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CI Other:
Signer Is Representing:
TC"3 Cf :huMtj ^ere
Number of Pages:
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ATTACHMENT B
Investment CD Receipt
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ACCOUNT TERM
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