2400 - Chow, Anna - Approval of Undertaking Agreement at 3139 Burton Ave Parcel Map 69946May 04 10 10:59a
CITY OF ROSEMEAD
UNDERTAKING AGREEMENT
6265692303 p.2
THIS AGREEMENT made and entered this / day of A4! r!Y , 2010, by and
between the CITY OF ROSEMEAD, State of California, acting by and through its City
Council, hereinafter referred to as "CITY" and
A n ~t C, I/l o w
(NAME)
3 i 3°I 131AQ.ION ~Ue AQo fg' ad ('A- 1220
(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 69946 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 new sewer lateral, driveway, curb and gutter, curb drains, and
install 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
$5,000,
May 04 10 10:59a
6265692303 p.3
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 oromissions 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 Certificate of Deposit in the amount of Seven Thousand-Five
Hundred Dollars ($7,500) to guarantee faithful performance of all the provisions of this
May 04 10 10:59a 6265692303 p.4
agreement and for the payment of all persons performing labor and furnishing materials in
connection with this agreement. If the Certificate of Deposit, in the opinion of the CITY,
becomes insufficient, CONTRACTOR agrees to renew said Certificate of Deposit within ten
(10) days of the receiving notice the said 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, orwlthin 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 ail 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 underthis contract, said
extension may be granted by the City Council, either at its own option, or upon request
May 04 10 10:59a
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,
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.
SOPHIA TAN
Commission # 1939490
Le 1
Notary Public. Calsondo
Los Antelee County
Cam, As Mer 12 1
(Seal)
Note:
By
By
SIGNATURES MUST BE ACKNOWLEDGED
BEFORE A NOTARY PUBLIC.
(ATTACH APPROPRIATE ACKNOWLEDGEMENTS)
ce4fmy at
O&MO Und 7dlbnl to WdBmnd
Paean" day of Imo{ =I.Q, by
By/ W- c
Mayor of W City of Rose
Attested, b~1` ~
City Clerk of the City of
NO11id to ere on the bins of teftfadwV
to be the pereon(e) ►ed betofe mo.
P.5
Bank of America Check one: Investment CD
❑ Promotional CD
❑ Bonding Purpose CD
BANKING CENTER O DATE
l No. TO/ INTEREST RATE
CUSTOMER NAME U tn/ ANNUAL PERCENTAGE YIELD
FOR BONDING PURPOSES ONLY n $ AMOUNT
PLEDGED TO G ~d ACCOUNTTERM
MATURITY DATE
ACCOUNT#
The written information we give you (which includes the. deposit agreement, fee schedule and deposit rates sheet) is par[ of your agreement with us and tells you the
current terms of this account. This time deposit reinvests automatically for the same account term upon maturity or on the effective date of a deposit or withdrawal
made during the grace period. (The grace period begins on the maturity date and is two business days for terms of 29 days or less; five calendar days for terms of 30
days through 89 days; seven calendar days for terms of 90 days or more.) We determine the interest rate for the reinvested deposit on the date your funds are reinvested.
For information about early withdrawal penalties, please see the deposit agreement. For Promotional CDs, a limited number of withdrawals may be allowed without
an early withdrawal penalty (see Deposit Rates sheet). A personal time deposit is not transferable.
05-16-2576B 08-2006
NOT NEGOTIABLE
BankotAmeriea V1 Check one: Z Investment CD
❑ Promotional CD
(nt ~~M ~1[~(~ ❑ Bonding Purpose CD
BANKING CENTER No.
CUSTOMERNAME iRIV I~ - UD/~
FOR BONDING PURPOSES ONLY
PLEDGED TO ((V
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DATE
INTEREST RATE
ANNUAL PERCENTAGE YIELD
$ AMOUNT
ACCOUNTTERM
MATURITY DATE
ACCOUNT#
Bank afgmenca, N.A. Member FDIC
The written information we give you (which includes the deposit agreement, fee schedule and deposit rates sheet) is part of your agreement with us and tells you the
current terms of this account. This time deposit reinvests automatically for the same account term upon maturity or on the effective date of a deposit or withdrawal
made durins the grace period. (The grace period begins on the maturity date and is two business days for terms of 29 days or less; five calendar days for terms of 30
days through 89 days; seven calendar days for terms of 90 days or more.) We determine the interest rate for the reinvested deposit on the date your funds are reinvested.
For information about early withdrawal penalties, please see the deposit agreement. For Promotional CDs, a limited number of withdrawals may be allowed without
an early withdrawal penalty (see Deposit Rates sheet). A personal time deposit is not transferable.
05-16-2576B 08-2006 Bank ofACnedca. N.A. • Member FDIC
NOT NEGOTIABLE
CD Receipt
CD Receipt
2 PARCELS
GROSS AREA: 18636 S.F.
NET AREA: 18294 S.F.
SHEET 1 OF 2 SHEETS
NO. 69946
PARCEL MAP
-i IN.: THE -CITY OF ROSEMEAD
COUNTY OF LOS ANGELES. STATE OF CALIFORNIA
BEING A SUBDIVISION OF A PORTION OF LOT 54 OF TRACT NO.
3706, AS PER MAP RECORDED IN BOOK 40 PAGE 39 OF MAPS,
IN THE OFFICE, OF THE COUNTY RECORDER OF SAID COUNTY.
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OWNER'S STATEMENT:
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SURVEYOR'S STATEMENT
NOTARY ACKNOWLEDGMENT:
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PARCEL MAP NO. 69946
IN THE CITY OF ROSEMEAD
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
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ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: . THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED
DATE: JULY 27. 2010
CITY MANAGER ~
SUBJECT: APPROVAL OF UNDERTAKING AGREEMENT FOR PARCEL MAP NO.
69946-3139 BURTON AVENUE
SUMMARY
Parcel Map No. 69946 is -being submitted for consideration and approval along with an
Undertaking Agreement to guarantee construction of public improvements subsequent to the
recordation of the parcel map.
Staff Recommendation
It is recommended that the City Council approve Parcel Map No. 69946 and the Undertaking
Agreement, and direct the City Clerk to arrange for the recordation of the map.
ANALYSIS
The Rosemead Planning Commission approved Tentative Parcel Map No. 69946 subject to
Conditions of Approval that require the subdivider to construct new sewer laterals, driveways,
curb and gutter, curb drains, and install survey monuments 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 account 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 Certificates of Deposits totaling the amount of
$7,500.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared By:
~/-ter--~
L ie J. Le nc, P. E.
City Engine
Su itted By:
Chris Marcarello
Director of Public W arks
Attachment A: Undertaking Agreement
Attachment B: Certificate of Deposit Copies
Attachment C: Parcel Map No. 69946
ITEM NO.
APPROVED FOR CITY COUNCIL AGENDA: