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CC - Item 7F - Approval of Undertaking Agreement for Parcel Map No. 70141 - 2436 Delta Ave4y- ROSEMEAD CITY COUNCIL 01 • Q¢ STAFF REPORT /N~DRPoRnTED 1959 TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGER DATE: OCTOBER 13, 2009 • SUBJECT: APPROVAL OF UNDERTAKING AGREEMENT FOR PARCEL MAP NO. 70141 - 2436 DELTA AVE SUMMARY The Undertaking Agreement for Parcel Map No. 70141 is being submitted for consideration and approval to guarantee construction of public improvements subsequent to the recordation of the parcel map. Staff Recommendation Staff recommends that the City Council approve the Undertaking Agreement for Parcel Map No. 70141 and direct the City Clerk to arrange for the recordation of the map. ANALYSIS The Rosemead Planning Commission approved Tentative Parcel Map No. 70141 subject to Conditions of Approval that require the subdivider to construct new sewer laterals, driveways, and curb and gutter prior to recordation of the final map. If the public improvements are not constructed prior to recordation of the final map, the subdivider must execute an undertaking agreement 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 cash deposit in the amount of $9,350. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared By: Lucien J. LeBlanc, P.E. City Engineer Submitted By- Chris ^ Marcarello Deputy Director of Public Works Attachment A: Undertaking Agreement Attachment B: Cash Receipt Attachment C: Parcel Map No. 70141 ITEM NO. -2L_ APPROVED FOR CITY COUNCIL AGENDA: Sep 08 03 08:34a 6265692303 p.2 CITY OF ROSEMEAD • UNDERTAKING AGREEMENT THIS AGREEMENT made and entered this et day of J 2009, by and' between the CITY OF ROSEMEAD, State of California, acting by and through its City Council, hereinafter referred to-as; 'CITY' . and KEm T + VtJ I4 Tu QY 2),qm (NAME) 3 DELTA W D3EI~EHD,CR 11116 (ADDRESS) 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 70141 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 sewer laterals, driveways, and curb and gutter. 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 $6.210. 0 Sep 09 09 08.:34a 6265692303 p.3_ • SECOND:. The CITY shall not nor shall an eof be liable or l ee th ff y o icer or emp oy er , 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. Ali 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 patentor 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 orany 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 the amount of Nine Thousand-Three Hundred and Fifty Dollars ($9,350) to guarantee faithful performance of all. the provisions of this 0 Sep 09 09 08:34a. 6265692303 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 Depositwithin ten days of receiving notice that 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 contractor 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 Bohd attached to this contract, that in the event it is deemed necessary to extend the time of.completion of the work conten plated to be done under this contract, said extension may be granted bythe City Council, either at its own option, or upon request p 4 • • 11 i i i • Sep 09 09 00:35a 626.5692303 p,-5 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, • By Mayor of the City of Rosemead Attested City Clerk of the City of.Rosem_ed 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., NOTARY PUBLIC •CM1WgNU1 (Seal) CORY D. CHAD U COMM #1784564 LOS ANGELES COUNTY 111 Comm. Exp. DEC. 9, 2011 Note: By f15A) r - Ht)yK)f+ By. i U Y SIGNATURES MUST BE ACKNOWLEDGED. BEFORE A NOTARY PUBLIC. (ATTACH APPROPRIATE ACKNOWLEDGEMENTS) 0 CALIFORNIA ALL-PURPOSE CER'TIFICAT'E OF ACKNOWLEDGMENT State of California Countyof°s ~e (~S On °q-cq- 9R before me, co2`t o, c e eA ` ND a t P "-c- (Hem insert name and title of the officer) personally appeared l--erf-k +kv~4ir-DA f+Pf C~ t-a k-k'-C oa.rA who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are 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, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Si ureof ry Public F0 RY D. CWAU AM COMM. V764K4 70 a760 r //IxlLIC.GUFOItlM OS ANGELES COUNTY Comm. Exp. DEC. 0, 2011 (Notary Sea]) • RECEIPT POR PAYMENT CITY OF ROSEMEAD 8838 FAST VALLEY BOULEVARD ROSEMEAD, CA 91770 626.569.2100 (M - TH 7:00 - 6:00 PM) x113 to 4ve' / <7o/ s/- / ) 4Uur' 710 DESCRIPTION B i CODE DESCRIPTION u lding Permit Fees 100 Refundable Deposits 713 Strong Motion Fees 820 Building/Field Rental/Supt/ 720. PubIM Works Penni(s 843 Class Registration 712 Occupancy Permlls (Bldg) 844 Excursions 702 Site/Sign Plan Review Fees 821 Sr Lunch Prog (RCRC) 700 Occupancy permits (Plan] 822 Sr Lunch Prog (GCC) 707 Vvi!d;ife Exemption Fee 123 Miscellaneous Revenues LJ 4REA: 14,497 S.F. PARCEL MAP NO. 70141 IN THE CITY OF ROSEMEAD - COUNTY OF LOS ANGELES, STATE OF CALIFORNIA BEING A SUBDIVISION OF PARCEL 6 OF PARCEL MAP RECORDED IN BOOK 7 PAGE 76 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. SUBDIVIDERS' STATEMENT: BE HEREBY STATE INSET BE NE m MORAMS 6 M LRAM MUll® WDp M 9®ABOR 916W M m MM BNN TE DEBT. BASES tNS MU BE O]HIR 10 T[ fiSPAR"DON AND HNC BE EW V W AND 995NSON' `x4 .LL ~M~ W oA (v MOFA7 KF7RT HMMx (sueaMDEx) RECORD OWNERS: RECORD OMNERS ARE M DAM AND KENT HUMM. NOTARY ACKNOWLEDGMENT STATE OF C-FgiMA ] COUNTY CP LOS AN. ) aI o1-2a_vDLI BEFORE ME cG~ O. 'J ,AkA A NOTARY WBUC. PERSONALLY APPEARED W DAM ME KENT HUYNH WO PBOHD TO ME W ME BASS OF SAnSFACTORY EMDENCE TO BE ME PERSONS WHOSE NAMES ARE SUBSCRIBED TO ME MMIN INSTRUMENT AND AMNONLEDGED TO ME MAT THEY EMEWTED ME SAME IN NOR AUTHORIZED CAPACITES AND MAT BY MEP SCNAWRES ON ME NSTRUMENT. ME PERSONS OR ME ENMY UPON BEHALF BE MACH ME PERMS ACTED. EXECUTED ME INSTRUMENT. SURVEYOR'S STATEMENT: MI5 MAP WAB PREPARED DY ME OR UNDER MY EIRECTLN AND IS BABEL UPON A HELD MRWY W CONFORMANCE MM ME REPIIREMENTS BE ME SIIBCM9CN MAP ACT AND LFC.LL OSBNMM AT ME REIXIESi BE RENT HUYNH ON ARRA- V. 20C7, 1 NEW®Y STALE MAT TARS PARCEL MAP SUBSTANTMLY CONFORMS TO ME COWITCNMLY MPROWD TENTAMW MAP. IF Mr. MAT ME MONUMENTS BE ME CHARACTER AND LOCATIONS SHE" HEREON ARE IN PUCE MAT SAID MONUMENTS ME SJlCENT TO ENABLE ME SURVEY RI HE RETRACEA ~O I.Ub S-09 F~TS7~66W1 - EMPIRES: 6-3tt-3010 ~ CITY ENGINEER'S CERTIFICATE: I NEWSY CERTIFY MAT I HAW CAAM;NFD THIS MM, MAT IT CONFORMS SIBSTANTALLY TO ME TETRAVW MAP AND ALL MPROMED ALTERATIONS THEPEW. MAT ALL P WS S 6 9JPLVNSCN ORDINANCES OF ME CITY BE ROSENEN. APPUCABIE AT ME TIME OF APPROVAL OF ME MNTATW MAP HAVE BEEN COMPLED WITH; AND ALL PROM90N5 I ME SIBOIMSON MAP ACT SECTION 86H2 (e) (I). (2) AND HAYS BEEN COMPLIED MM. I L£RTFY UNDER PENALTY OF MARY UNDER ME TAWS BE ME STATE BE CANaMIA MAT ME FOREGOING PARAGRAPH 1S TRUE AND CORRECT. .NESS MY HAND NAME Cc+~Y o C1~ea1 MY PRINCmAL PLACE OF WSHESS IS IN LOS ANGELES COUNTY. NOTAR UC W.N.D FOR MY COMMISSION EMPIRES: SAID STATE MY COMMISSCN NO. Q$ ~ BASIS OF BEARINGS: ME BEARINGS BID. HEREON ARE BASED OR ME BEARING NOYB'55'W BE ME CENTER MINE OF DELTA STREET PER MAP RECORDED IN BOOK PAGE 76. OF PARCEL NAPS. W ME COUNTY RECORDER OFFICE CF LOS ANGELES CWNTY. - CITY DORMER RCE M. OF OTY Ci RONSIEAD MY REOSTRATGN EMPIRES V-] 2009 SPECIAL ASSESSMENTS CERTIFICATE M HEREBT CERTIFY MAT ALL SMEdu ASSESSMENTS LEN. UNDER ME CF ME OIL' OF ROSE MEAD TO BMCH ME LAND INCLINED W THE MT N 91BON904 OR MY PART MEREEF M 91B.ECT. AND MTOCH MAY BE PAS) W i111L HAVE BEEN PAD IN FULL AM RECORD EASEMENT/WATER RIGHTS HOLDERS: ' S STATEMENT: CITY SURVEYOR RICHARD LARWY, Ha BE WATER RIGHTS. BY OECD RECORDED W BOOR IIDA, PACE I HEREBY CERTIFY MAT 1 HAYS EYAMWED NES MAP AND HAW FOUND MAT IT . 1S7 AND BY DEED RECMCED W BOOR 1134, PAM SIN, AND BY OECD RECESSED W CMFOWS MM MAPPING PROM9ORS CI ME 918ON9ON MAP ACT AND MAT I AM SCI( 126; PACE 16. ML OF DEEDS, RECORDS CF LOS AROES COUNTY. SATSIED MAT THIS MAP IS TECXMCAL.Y CORRECT. , DATED: YY~'~, ~ O ms" I HEREBY CEnn11 MAT Au CERTFCA S HAYS MEN Hlm AND OPDBIT6 L E HAVE BEEN MADE MAT ARE REWIRED UNDER ME PROM9ORS OF SECTIONS OTT S'PIW OR LS NO, 5301 B64B2 AND 66493 BE ME SIBDIMSW MAP ACT. BF CITY BE ROSEMEAD MY REISTRATICN EMPIRES IS-]1-SIpY E cnW LEE=, BOARD Ci SIPQMXftS LW fF ME COUNTY OF -CS ANSOPR STATE FF CAUFBODA BY DATE $ DEPUTY •4 4 40E~ I HEREBY CERTIFY MAT SECURITY IN ME ANWNT OF B HAS BEEN FILED WM ME EXECUTIVE OFFICER BOARD CF WPERMSCRS OF ME COUNTY BE LOB ARGELES AS SECMTY FOR ME PAYMENT ON TAXES MIND SPECIAL MMSSNFYT5 COLECTED AS TAXES ON THE LAND WOMN ON MAP BE PARCEL MAP NO. 70141 AS WORMED BY UW. EHWTR,E OFFICER. BOARD OF S PPFRMSCRS CF ME COUNTY LF LOS ANGUES STATE BE CA FORNA BY GATE DEPUTY` • • • SCALE: 1"= 30 PARCEL MAP NO. 70141 IN THE CITY OF ROSEMEAD COUNTY OF LOS ANGELES, STATE OF CALIFORNIA wl w ~I ~I w J N Kn~~MO FVKR P;x! ¢I w A0-]32-i}I. 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