CC - Item 3E - Release of Bond Parcel Map 60795ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: ANDREW C. LAZZARETTO, CITY MANAGE
DATE: SEPTEMBER 26, 2006
SUBJECT: RELEASE OF BOND - PARCEL MAP 60795
8828 RAMONA BOULEVARD
SUMMARY
A Faithful Performance Bond and a Labor and Material Bond was required to guarantee
installation of survey monuments for Parcel Map 60795. In lieu of bonds, a Cash
Deposit was issued to the City in the amount of $7,000.
Staff Recommendation
Staff recommends that the City Council accept the survey monuments and refund the
Cash Deposit including interest.
ANALYSIS
In accordance with the Conditions of Approval for Tentative Parcel Map No. 60795
approved by the Rosemead Planning Commission on February 2, 2004, the subdivider
is required to install survey monuments subsequent to recordation of the parcel map.
On December 12, 2004, the subdivider executed an Undertaking Agreement
(Attachment A) to guarantee installation of the survey monuments within two years. In
lieu of providing a Faithful Performance Bond and Labor and Material Bond, the
subdivider provided a Cash Deposit in the amount of $7,000. The City Surveyor has
inspected the survey monuments and found them to be installed satisfactorily.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Submitted by:
41 & •
Ken Rukavina, P.E.
City Engineer
Attachment A: Undertaking Agreement, Cash Deposit Receipt & Location Map
APPROVED FOR CITY COUNCIL AGENDA:
•
•
CITY OF ROSEMEAD
UNDERTAKING AGREEMENT
THIS AGREEMENT made and entered this 8 day of 'DidAA6E/~- , 2004, by and
between the CITY OF ROSEMEAD, State of California, acting by and through its City
Council, hereinafter referred to as "CITY" and
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 60795 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:
Installation of 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 $4,700.
• •
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 Seven Thousand Dollars ($7,000) to
guarantee faithful performance of all the provisions of this agreement and for the payment of
•
0
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 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 taw.
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.
•
i
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 C:.
Mayor of e City of Rosemead
Attested
City Iff le oft a City of Rosemed
0
CALIFORNIA ALL-PURPOSE ACKNOrIti'LEDGME14T
0
State of California
faJ
County of
n
On
Dale
personally appeared .
ss.
before met-
A Nike and Tlth of Ojkar (e.g..'Jane Doe, Notary Publ1
❑ personally known to me
roved to me on the basis of satisfactory
v(dence
^t.4NCY VALDERRAMA
Commission # 1378733 Z
$ " f r==;'- Notory Public California
Z Los Angeles County
y~ r4yComRl.ExpaesOctJJ.2006
r
to be the person~l whose name isles
subscribed to the within instru ent and
acknowledged to me that he4s04eltitey executed
the same in his/tar a authorized
capacity), and that by his/fir
signatureVon the instrument the person(W or
the entity upon behalf of which the person(
acted, executed the instrument.
WITNESS my hand a d official Veal. Signature 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: Number of Pages:_
Signer(s) Other Than Named Above:
Capacity(ies
Signer's Name:
) Individual
/0( Corporate
❑ Partner - [I
❑ Attomey-in
❑ Trustee
❑ Guardian or
❑ Other.
Signer Is
sentina: u
) Claimgd by Signer ,
Top of Thumb here
Officer - Title(s):
Limited ❑ General
Fact
Conservator
0 1999 National Notary A59oGlation • 9350 De Salo Ave., P.O. Box 2402 • ChalbwoM. CA 91313-24C? - -natronalnowry.org Prod. No. 5907 neoroar man iarr•ree i~ cro i
•
•r
M
O
V)
O
Or)
00
00
O
ct'
0
Z
cc
~L
E
Q
Q
MY
W
• t!
w .."y
t
W
Q
Y.
rr r
u r
r r
r r ~'au
d
a, FH0`0
~e:,,_ DOOZ'£ BbLLf-61-SO
r
C%-
O
L!1
O
N
rm
.a
Ln
r„
O
O
O
.-a
ru
rri
O
Lrl
OT
1..1
03
CO
O
J
•r
RECEIPT FOR PAYMENT
~x
i CITY OF ROSEMEAD
• 4]
ROSEMEAD, CALIFORNIA.
.r
Name:
/;~Y
Address:
r - -
Departments
By. fry i¢•p Date:' - c•, 7
71
For: 7,
/i dl
~fra +;~0 Qd cQ~ - C~2-301.3
S i +
{ h v. ' . .
4
v
This Receipt must be Machine Validated -
TRAM. CODE DESCRIPTION ACCT.CODE
1000 Building Permit Fees 4710-3224 '
9040 Admn.- Other. Revenue (Mist`) (Copy) 4110.3985
1010 Bldg.-Public Works Permits _ 4720-3255
9910 Refundable Deposits ' 81.2300
1520 Bk%VOccupancy Permit Fees 4710-3256
1525 Strong Motion Fees 4710-3813.
4020 Class Registration 4840-3943-P51501
V.d x • ; 4000 Adult Sports Fee x
4840-3942-P51401
?7_. ? 4030 Excursions 4840-3944-P51601
4010 Building Field Rental , 4820-3514-P51001
9000 Business license - 4130-3035
1511 Plan-Occupancy Permits 4700.3256
;t
9
0
C/I;ry, lo/
l,"',4XCXZ W.4PNo• 607'
g828 EAMOA'A ,BL vo.
N
A