CC - Item 7E - Approval of Undertaking Agreement for Parcel Map No. 62966 - 4118 Arica AveROSEMEAD CITY COUNCIL -
STAFF REPORT
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.
69266 - 4118 ARICA AVENUE
SUMMARY
The Undertaking Agreement for Parcel Map No. 69266 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.
69266 and direct the City Clerk to arrange for the recordation of the map.
ANALYSIS
The Rosemead Planning Commission approved Tentative Parcel Map No. 69266 subject to
Conditions of Approval that require the subdivider to construct new sewer laterals, driveways,
curb and gutter, and curb drains 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,$7,500
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. 69266 IFTE Vg NO.
APPROVED FOR CITY COUNCIL AGENDA:
FROM :..INTER-CONTINENTAL TAX 9 INS FAX NO. :626 454 1133 Sep. 01 2009 02:25PM P2
CITY OF ROSEMEAD
UNDERTAKING AGREEMENT
THIS AGREEMENT made and entered this day of 2009, by and
between the CITY OF ROSEMEAD, State of California, acting by and through its City
Council, hereinafter referred to as "CITY" and
(NAME)
I 1 ARA C kvti LoStrM C/D
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 69266 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, curb and gutter, and curb drains.
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 55,000.
Co
FROM :INTER-CONTINENTAL TAX 8 INS FAX NO. :626 454 1133 Sep. 01 2009 02:26PM P3
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 the amount of Seven Thousand and Five Hundred
Dollars ($7;500) to guarantee faithful performance of all the provisions of this agreement and
az
FROM :INTER-CONTINENTRL TAX & INS FAX NO. :626 454 1133 Sep. 01 2009 02:26PM P4
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
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 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
0
FROM :INTER-CONTINENTRL TAX & INS FAX NO. :626 454 1133 Sep. 01 2009 02:27PM P5
of the CONTRACTOR, and shall in no way affect the validity of this contract or release the
Surety of Sureties on any pond 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.
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By
(Seal)
Note: / ccr~ C~rcJ9 t ~a ~L
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
/hzk,
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California I 1
County of Y U 1)
On -100 before me,
Date
personally appeared
C_
who proved to me on the basis o atisfactory evidence to
be the person( Whose name i subscribed to the
wlt instr ment and a&nowlelge4 to me that
she ey ecuted the same in h' er heir authorized
capacity i and that by hh, er eir signature( on the
instru nt the person(sjjor~tlie entity upon behalf of
1(g) acted, executed the instrument.
which the person
80000000000000000000000000000000000000000
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CAROLEVANS
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R COMM. # 1628967
U NOTARY PUBLIC-CALIFORNIA
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SANTA BARBARA COUNTY
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Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
of the State of California that-the foregoing paragraph is
true and correct.
WITNESS my ha d and official seal.
Signature
Signature of Notary Pudic
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:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer-Title(s): -
❑ Partner - ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Top of thumb here
Signer's Nal
❑ Individual
Number of Pages:
❑ Corporate Officer-Title(s):
❑ Partner - ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Top of thumb here
02007 National Notary Aasodation-9350 De Soto Ave.,P.O.Bcx 2402-Chatsworth,CA 91313.2402,w NationalNotaryorg ltem#5907 Reader.Cell Toll-Ree1-800.878-6827
2 PARCELS
13,145 SQ. FT PARCEL MAP NO. 69266
IN THE City OF ROSEMEAD, COUNTY OF LOS ANGELES
STATE OF CALIFORNIA
BEING A SUBDIVISION OF ALL OF LOT 19 AND A PORTION OF LOT 17 IN
BLOCK C OF TRACT NO. 12662, AS PER MAP RECORDED IN BOOK 246, PAGES 29
OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
SUBDIVIDER '5 STATEMENT
1. THE UNDE➢S I4ED. BEING THE SUBOMDEA OF THE LAND C014AED V RR5 MAP,
THE RECORD OWNERS W VR.CH ARE LISTED FREw. DO FECE6e C TDY THAT SAID
PECOGD OWNERS CGT:SENT TO THE PPEPAPniiON AND REC W DA DON OF SAID MAP. A S
SHOWN WITS¢Y THE DISTGIaIYE BONED NE.
ANDREW LE, (SUBDIVIDER)
SITE OP CALIFORNIA
COUNTY OF Los ANGELES
ON THIS
L~Meug31y2QQY .aEFwEME. Zh_o.H,gs_~1-Bx~Se-t_
NOTARYN&IG. LLY AWEARED
WHOwOYEDTO MECw THEPASTSOFSA ONSTREnN"AN ASE THEPR~'IN
WHOSE ETSTE THEWITF. MSTTNMEMAW ACMMI M
O . N[5
ME THAT HE HE EXE HITDO "S THE £ GAME AI HIS AIR1N ENT" . SE. 9ENA1F OF
S.. CN THE CLST411METTT. ME RD'S. . CC THE 1MF FMiTV ukF1
W MOI TE {FRSON nCTED.'}EMD 1NE P614JM8Ji.
I CERTIFY UNDER FRMLTY OF PEAFMYY WEER THE LAWS OF THE STATE W
CALIFORNIA THAT THE FOREGOING PARKP.SPH IS Tell AM CWpER.
WITNESS MY HAM
SuwTw
NAME OF MinpYARY SF}`,~,L~-~
CWNTY WWMCN COMMIS5IONED~tLL w
DAre COMMISSICNExPmES ~ ,Si.~/.h;F 3y~1 r
COM.MI55IDN WMBEP L9A O
RECORD OWNERS' NOTE:
RECORD OWNERS! ANDREW LE AND.1 VAN HE.
RECORD EASEMENTS:
HARW V. AACX. AS HOLDER OF A RESERVATION OF EASEMENT POP PC E5.
.ARMS. CONWIT5 AM W6 ES FOR TSEPH P4` AM ELECTRIC LLWT
iMN5ANEGTON AND ALL PJSLY UTILITY 1 1. WITH AOCISS THERETO, 9V 'I
RECORDED OCTOBER N,1961 A5 DCCMA M. MPSSJ OF OFFICIAL RECDROM
SOUTHERN uLTFORNIA EDISON COMPANY. LTD. A CORPORATION. AS HOLDER OF AN
EASEMENTFORFOLES.6WSANDANOHORS. CROSS-ARMS, WIRES AND OTHER
FIXTGPES, 0 DEED RECORDED FEBRUARY R, 19A3 IN SOCK 19170, PAGE 123 AND APPIL
1C. DA2 AS MNMEM M. S]SP-GOTH OF OFFICIALRECW 05.
I HEREBY ME THAT ALL CRT6WTES HAVE PEEN FILED AM DEPOSITS HAVE
BEN MADE THAI ARE VECUIRED CANCER THE @O... OM SECTIONS A.
AM
PM93 OF THE wBD[vL5 VJN MAP AR.
El£GITIVE OFTTCEA. BOAROCFSW9lVLStl15
OFTFECODNTY WSAGyEL'5.5TATFOFGLSHRIIA
DATE
DEFF,
INERE9YQR THATSENLT' THEAMOUNTOFS
HAS BEEN FILED WITH THE OERY OF THE BOARD OF SLMER I50GS OF THE C44NTY OF
LOS AMELES AS SECMTIY FOR THE PMMEM OF TAXES AM SPECIAL ASSESSMENTS
CCVECTED AS TAXES. THE LAND SHOWN ON MAP OF PARCEL MAP NO. RA2ll AS
REQUIRED BY LAW.
EXFNRYE OFFICER, GARD OF 51VI5PL5
OF THE COMIY Cf LOS AN6r7ES STATE
BY
SLRZ EYCW5 STATEMENT
SHEET I OF 2 SHEETS
THIS .1 AS PRVAPEO9Y ME M uWE➢ MY DCIECTOW AM IS BASED. A F.E
SwM -CZFf.1"CE WITH THE eECVCpE. OF THE SU90IVLSIw MAP ACT
AM LOCAL IFOCALA EAT THE]EGUEST OF ANCpEW IF ON NINSMSER GO. I.IlFL
HERESY STA 7 THA T Trt5 FINA L MAP SUPS TANTTALLY COSIGMS TO THE
LLNp[RGIALLV ARVOVEO TMATNEMAP;NATALLTIEMg NCNFFSAREOFTE
PnC1EAAw
TO OWL. ttErosRMSI ED: THAr Art MGGyMEMS APE
wsETCmn OBAUE THE wRVEV TOO PGERG REmACEn
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/HON/ g~CAO V4
Ls.N2losws
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CITY ENGINEER' 55TATEMENT.
I HEREBY 5TATE TEAT I HAVE E(AMPED THIS MAP AM THAT ITCOMORAS
SUBSTANTIALLY TO THE TFMATC EMAP ANO ALL ARMORED ALMAFIRMS THEREOF.
THAT ALL WavL5.OF SUM.. ORDINANCES OF THEQiY Of GOSER CAD,
AWII( G-E AT THE TIME OF A{ VAL OF THE TEMA TIRE MM HAVE BEEN COMRTED
WI AND THAT ALL WOVISICM OF THE MJADC SICNMAPARSECRINMAH2
U.HIH W) AM (S)HAVE 1. fO. I
LI:Cl£NI LEBVNC oYEp RATIO_,
MveE455TpATION EXPIDES III.
OF CII
OFaTY OFF POS IDEEMEAD
CITYSURVEYOR'SSTATEM . ,
I HEREBY 5TA7 THAT I HAVE EAAMINED THIS MAP AM HAVE IDAHO THAT IT
CONFORMS MTH MAWING FRORISIONS OF THE SUBOMSIOJ MAP ACT AM I AM
SATISFIED SAID MAP IS iE... CCMICT,
DATER1..._'ao _ Al CF JLLFJ.4",
1
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S.,ENOR LS. . S30I
M
LTT/SLNYE my REGISRATI[N FY➢IRE51l-l1-lbN
Of CRYOF RD SEMEnO
EOM
SPECIAL ASSESSMENTS CERTIFICATE
I HEREBY CERTIFY THAT Au SPECIAL ASSESSMENTS LEVIED NAER THE
]Ifl .COMION OF THEa OF ROSEMEAO TO wHI. THE LAM
IN THE WITHW SU9DMSION W ANY PART THEREOF 155UNSER, AND
WHIM MAV BE PAID M FURL, HAVE GEE. PAID IN PILL
DATE CI,, C4 OFVOSENFAD
oERDTv
DATE
SCALE: 1" - 40'
BASIS OF BEAR GS.
SHEET 2 OF 2 SHEETS
PARCELWAP NO. 69266
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STATE OF CALIFORNIA
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LEGEND:
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xuoxures THE BWNDARY OF,ce c VA~~
LAND BE 5URDIVICEO BY TMS MAP, -J N X23
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