2400 - Hang, Joan Q - Approval of Undertaking Agreement for 2512 Earle Ave Parcel Map 66501CITY OF ROSEMEAD
UNDERTAKING AGREEMENT
THIS AGREEMENT made and entered this 288 day of March , 2010, by and
between the CITY OF ROSEMEAD, State of California, acting by and through its City
Council, hereinafter referred to as "CITY" and
Joan Q. Hang
2512 Earle Ave., Rosemead, Ca 91770
(ADDRESS)
hereinafter called the "CONTRACTOR."
W ITNESSETH:
FIRST: The CONTRACTOR, for and in consideration of the approval of the final map
of that certain land division known as Parcel Map 66501 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 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
$4,600.
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 thework:;pecified 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 forthe 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 Six Thousand-Nine Hundred Dollars
($6,900) to guarantee faithful performance of all the provisions of this agreement and for the
payment of all persons performing labor and furnishing 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 (10) days of the receiving
notice the said 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, orwithin 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 attorhey's fee to be fixed by the Court.
EIGHTH: It is furtheragreed by and'betwoen the parties hereto, including the Surety
or Sureties on any Bond attached to this contract, that in the event it is deemed necessaryto
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.
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 seais this day as above indicated.
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COMM. #1806253 mm
W o Notwy PUW cdforNe 5
LOS.S O 11
By
By
(Seal) U '(1 .
Note:
SIGNATURES MUST BE ACKNOWLEDGED.
BEFORE A NOTARY PUBLIC.
(ATTACH APPROPRIATE ACKNOWLEDGEMENTS)
By
ayor of ty of Rose ead
Attested~~c 1~vV U~~l
City Clerk of the City of Rosemed
r
CERTIFICATE OF ACKNOWLEDGMENT
State of California )
County of f~ °.S )
On o3-a8- 201c) before me, - lyl ~ CHA-tit7, A9YX ~u,-
Date ' (here insert name and title of the o ce
personally appeared - Joan 62. Ha>7y-
who proved to me on the basis of
ry evidence to be
the person (4whose name H is/a-rasubscribed to the within
instrument and acknowledged to me that-he/she/"executed
the same in #is/her/tht4r authorized capacity (ies), and that by
-h4/her/#vei~ sign atu re -(s4 on the instrument the person44,
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.
IVY CHANG
s COMM. #1806253 ~n
N Ngery PuENO-CYf
W lC6 ANGHES CgMM
1Y ~
Mt' Came EV. ARY 12, 212
Signature Place Notary Seal Above
Sig t re of Notary P lic
RECEIPT FOR PAYMENT ~I
CITY OF ROSEMEAD-N2 14518
8838 EAST VALLEY BOULEVARD
ROSEMEAD, CA 91770
626.569.2100 (M - TH 7:00 - 6:00 PM)
Name:
Address:
Dept\By: b G Q 0--(~5 ]1 Wl Date: ~5-
For: (p (Q'~; 0
AMOUNT
I A, '(n 0 0 • ao
Total (4
:V" /
' n N TRAN
CODE DESCRIPTION CODE DESCRIPTION
710 Building Permit Fees 100 Refun~Deposils
713 Strong Motion Fees 820 Buildin / u/pv
720 Public Works Permits 843 Class /
712 Oc
cupancy Permits (Bldg) 844 Excursions /
702 Site/Sign Plan Review Fees 821 Sr Lunch Prog (RCRC)
700 Occupancy Permits (Plan) 822 Sr Lunch Prog (GCC)
701 Wildlife Exemption Fee 123 Miscellaneous Revenues
2 PARCELS
GROSS: 13,500 S.F. PARCEL MAP NO. 66501
IN THE CITY OF ROSEMEAD
COUNTY OF LOS ANGELES. STATE OF CALIFORNIA
BEING A SUBDIVISION OF A PORTION OF THE RANCHO POTRERO
GRANDE, AS PER MAP RECORDED IN BOOK 54 PAGES 57 AND 58 OF
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
SUBDIVIDER'S STATEMENT:
THE HERBr siA1E W TIE s E Ill MINA OWNER D M WTIIX NLLYBEMAsRGNM NO If. AND RUNG O EN
YIP 4TP' THE M ~INCIM BCImRTES, FR lM4 AI9 1 OWNER 10 Of SAD
u.w ART slrmmmN.
JOAN O. HANG, GM.Vl.ER
NON
RECORD OWNER:
RECORD OWNER IS JOAN Q. HANG
STATE UP CALIFORNIA )
COUNTY OF LDS ANGELES )
DN JWIM al X008 eEFWL ME IT CHAIJFR
NOTAAV u9u ,APPEANED HuAN 0. HANG MIND
PRCKD TO ME ON ME BASS Or SATISFACTORY EVIDENCE TO BE ME PERSON WHOSE
NAME IS SUBSCRIBER OT ME MTHIN INSTRUMENT AND ACRNOMEDGED TD 4E MAT SHE
EYENTED ME SAME IN HER AUMORRED CAPATURES AND MAT BY HER AWANRE W
ME INSTRUMENT. ME PERSON. W ME ENTITY UPON BEHALF OF MACH ME PERSON
ACTED. EXE.. ME INSTRUMENT.
I CERTIFY UNDER PEUAETY OF PERJURY UNDER THE LAWS OF THE STATE CE CNIFORNIA
THAT TIE FWEGMIC PARAGRAPH IS TRINE AND COROM,
WIFMC.A YY HAND
RAW IRDI ED [NRAW
coMUISAW ExvlRes >.1
A E MY PRINCIPAL PEACE OF BUSINESS IS IN
LOS ANGELES COUNTY.
cGAB.' IOU Nn IRDA>53
BASIS OF BEARINGS:
ME BEARINGS SHOWN HEREON ARE BASED W ME BEARING N09 49 45'E W ME CENTER LINE
OF FERN AVENUE SHOWN AS ME sOUMERLY LINE OF TRACT NO. 5242 PER TRACT NO.: 5242.
MB 56-».
RECORD MINERAL RIGHTS HOLDER:
GINA WEMERBY AND OSCAR R WETHERBY. SUCCESSOR OR ASSIGNEE. THE OWNERS OF OIL AND
MINERAL RIGHTS BY DEED RECORDED MARCH B. 1934 AS INSTRUMENT 10. 3 AI-C. TROMPS
ENGINEER'S STATEMENT:
SHEET 1 OF 1 SHEETS
THIS MAP WAS PREPARED BY 4E OR UNDER Al OwErnCN AND Is BASED UPON A FEES SURVEY
IN CONFORMANCE WIN ME REOUIREMENIS OF ME ASECISICN MM ACT AMC LOCAL ORDINANGE
AL TIE REQUEST OF SIAM 0. HANG AN SILY 20, 2005,1 HEREBY STATE MAT THIS PARCEL MAP
SUBSTANTIALLY CONFORMS TO ME CGNOIIIONALLY APPROVED TENTATN£ MAP, IF ANY: MAT ME
MONUMENTS OF ME CHARACTER AND LOCADpNS SHCMN HEREON ALL BE IN PLACE MTHIN
TWENTY-FOUR MWMS FROM THE RUNG DATE OF MIS MAY. MAT SAID MONUMENTS ARE
SUFFICIENT TO ENABLE ME STRWY TO BE RETRACED.
5-/"
DATED..
U
WILLIAM 4
ExPIRES: 6-30-8009
CITY ENGINEER'S CERTIFICATE
I HEREBY CERTIFY MAT I HANS EXAMIMM INS MAP: MAT IT CONFORMS SUBSTANTIALLY TO ME
I ENTAMS MAP AND Au MPROWE ALTERADONS W THEREOF: MAT AL- PROMVOWS OF I ME 01 0' SCESSUMBELL.
OF -RPRD~A- OF
ME TENTATK MAP HAW BEEN COMP 0 AN. AND ALL PROVIBIWS OF NEE BDIN9W MAP
ACT SECTION ISAAC (e) (1). (2) AND (3) HAW: BEEN CCMPUEO MM.
onEUa u~l:a mlo pOYRp,:$S/OM1S/(
L-ti~- NO 21368 ^
N
OF ME.1 o ROSEMEAD E%PIRES 9-.o-LDU 4 rt
4~ CA
SPECIAL ASSESSMENTS CERTIFICATE OF
I HEREBY CERTI MAT ALL SPMNL ASSESSMENTS IENEO UNDER ME JURISDICTION OF NE CITY
OF ROSEMEAD TO MACH ME VND INCLUDED IN ME MNN AUBOINEION W ANY PART MEREOW IS
SUBJECT. AND WHICH MAY BE PAID IN NLL NAK BEEN PALO IN NLL
DATE .m FAERN - CITY OF RCSSMEAD
CITY SURVEYOR'S STATEMENT
I HEREBY CERTIFY THAT I NAYS LXAMINED THIS MAP AND HAKE FOUND THAI IT CONFORMS MIN
MAPPING PRONSIMS W ME SUBDIA90A MAP ACT AND MAT I AM SAOSBED THAT INS MAP IS
TECHNICALLY CORRECT
DATED: OCTegIBF4 'LOPg
SCALE: 1"- 30 wh 0. rzalt--
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ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER
DATE: JULY 27, 2010
SUBJECT: APPROVAL OF UNDERTAKING AGREEMENT FOR PARCEL MAP NO.
66501-2512 EARLE AVENUE
SUMMARY
Parcel Map No. 66501 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. 66501 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. 66501 subject to
Conditions of Approval that require the subdivider to construct new sewer laterals, driveways,
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 a cash deposit in the amount of $6,900.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prep red By:
Lucien J. e BI n , P. E.
City Engineer
Submitted By:
Chris Marcarello
Director of Public Works
Attachment A: Undertaking Agreement
Attachment B: Cash Receipt Copy
Attachment C: Parcel Map No. 66501
ITEM NO.
ffi-
APPROVED FOR CITY COUNCIL AGENDA: