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CC - Item 3I - Release of Cash Deposit - Parcel Map 69105 at 7617 Graves AvenueROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGER 10 DATE: AUGUST 13, 2013 SUBJECT: RELEASE OF CASH DEPOSIT — PARCEL MAP 69105 (7617 GRAVES AVENUE) SUMMARY A faithful performance bond was required to guarantee construction of a sewer lateral, driveway approach and curb drain and the planting of a parkway tree prior to the recordation of the final map for Parcel Map No. 69105. In lieu of bonds, a cash deposit was issued to the City in the amount of $7,935.00. All improvements have been completed except for the installation of the parkway tree. In order to finalize the map and release deposited funds, the developer has agreed to make a street tree in -lieu payment of $600 towards tree planting in the City. All remaining funds will be released. Staff Recommendation Staff recommends that the City Council accept the public improvements and refund the cash deposit in the amount of $7,335.00. ANALYSIS In accordance with the Conditions of Approval for Tentative Parcel Map No. 69105 approved by the Rosemead Planning Commission on July 16, 2007, the developer was required to construct a sewer lateral, driveway, and curb drains and to plant a parkway tree subsequent to recordation of the parcel map. On March 25, 2009, the City Council approved an Undertaking Agreement (Attachment A) with the subdivider guaranteeing completion of these public improvements. In lieu of providing a faithful performance bond, the developer provided a cash deposit in the amount of $7,935 (Attachment C) based on the engineer's estimate of the cost to complete the improvements (Attachment B). Staff was contacted in July 2013 by a collections firm on behalf of the developer requesting the release of the deposited funds. Staff reviewed the file and inspected the project location for completeness. The Public Works Department found that all improvements were satisfactorily completed, with the exception of the installation of one (1) parkway tree. The planting of a parkway tree was not completed by the developer during construction and the property has since been sold. In order to finalize the map and release deposited funds, the developer has agreed to make a street tree in -lieu payment of $600 towards tree planting in the City. This amount is based on the ITEM NO. 31„- City Council Meeting August 13, 2013 Page 2 of 2 estimated cost that was provided to the developer when the deposit was made, plus the cost of a labor and materials bond for successful completion of the work. These funds will be placed into the City's tree planting fund and will be utilized to support the planting of additional trees throughout the City. PUBLIC NOTICE PROCESS The item has been noticed through the regular agenda notification process. Prepared By: S n iu I I an Management Analyst Submitted By: Chris Marcarello Public Works Director Attachments: A. Undertaking Agreement B. Engineer's Estimate for Public Improvements C. Cash Receipts for Deposit D. Recorded Map CITY OF ROSEMEAD UNDERTAKING AGREEMENT THIS AGREEMENT made and entered this _&_ day of , 2008, by and between the CITY OF ROSEMEAD, State of California, acting by and through its City Council, hereinafter referred to as "CITY" and (NAME) 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 69105 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 a new driveway approach, a sewer lateral; parkway drains, and plant a parkway tree. 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 $5,290. 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 specked 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, Nine Hundred- Thirty Five Dollars ($7,935) to guarantee faithful performance of all the provisions of this 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 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 specked, 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 0 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. Commmion C 1616172 Notary P"c - CaINomla Los Angeles Coul* (Seal) Note: I M - /IM A 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 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .. .: V' . _NL+aK wEra SSC r1.�"b ".9 x_�. "> �.K+aN• State of California 1 County of 4— ra J On,kaa jZ. Ma&_ before me, /LIiGfl.9E� e4` N¢n yAwaz,. netT Nem aert Wmo aierl tiv arwm personally appeared &ZAA1 k IkAk mme(s) of sveQe) MICHAEL CHU O Cam rJulon A 1516172 9 Notary N-131113 N-131113 • Calltalnla Los An"M County wCommi. EmPires Sep 28.2W8 Platy Notary Sal AbM who proved to me on the basis of satisfactory evidence to be the arson (p) whose nom Stare subscribed to the within instrument and acknowledged to me that he hefthey executed the same in hislherttheir authorized capac' ies), and that by Isth erAheir si natu s) on the Instrument the person s , or the entity upon behalf of which the pars on s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my he nd official se . Signatu wrea"' �� OPTIONAL Though the information below Is not required by raw, it may prove vatuable to persons relying on the document and could prevent fraudulent removal and reattachment of ttns form to another document. Description of Attached Document Title or Type of Document Date: Signer(s) Other Than Named Above: Capacitjr(ies) Claimed by Signer(s) Signer's Name: ❑ Individual • Corporate Officer — Tilte(s): _ • Partner — ❑Limited ❑General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT,,HUMHPRINL 01 SIGNER Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Tille(s): ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIG RTTHII@•n PRINT ar -soNeP avJ r z� C "a- ,6 r �� ' 3� J- fC +,y cry 1 z Z $s,z7a 13o- d s, z 70 21651-J Add DepHBy h s" ,I r P' n D 3 / A 9 /n,S CR S�i' WCi00S. T" rrY t s x,• ; 4 Try , Z%, z /°.. , is 1 ;` 5 ♦. YJ e f, 41. mb ... CODE ' INW0141OW CODE r DESCRIPTION 7.10 a BuildingPerinitFees•: :900 :,RefdndaWeDeposits 713' -Slrong?Motlon Fees . - 820. - BuildinglField'RenleVSup3' 720, Public Works Petmits -- 843. -Class 11eg150a6ori 712 Occupancy Pemiits'(Bldg) :844 : Excursions 702 . Stte/Sign Plan Revil)ill:Fees 821,' Sr Luneh'Prog (RCRC), 700 OocupsncgPenads;(Plan) -822' „'Sr Lunch Prgg (GCC) Y 'KAle.wlle�mue On.ronime x .. 36' BOOK_ P AGE ql- 2 PARCELS SHEET'l OF 2 SHEETS AREA: 12,554 S.F. PARCEL MAP NO 691 05 FILE® _ - - AT eWUrur OFOt4P&Yt 3 f'a ' ti oero sm p �e g � yp � p IN THE CITY E 24 PAM24M Man R.C.E. NO. MOSS. COUNTY OF LOS ANGELES, S, STATE OF.-CALIFORNIA I OF.- - I 3 ' MY REUSTRATON EXPIRES: 9/30/2009 _ 2 0 0 8 100 3 8 9 5MCM BEING A SUBDIVISION OF A PORTION OF LOT 4, IN BLOCK 3 AtPAU L"1'V8 _ OF SUBDIVISION OF THE GRAVEY RANCH, AS PER MAP - :u� _ RECORDED IN BOOK 52, PAGES 43 AND 4N. OF BaMMMFNwen MISCELLANEOUS RECORDS, IN THE OFFICE ©F THE COUNTY In — RECORDER OF SAID COUNTY. 13 Lek SUBDIVIDERS' STATEMENT: HERBY STAFF BAT 1 AN ME SURDWER OF RE LOANS INSIDE MINw THE SIIBMN90Y HEINS SO UIIS 6W WM9N THE CISAACBW BOORDER UNES, M9 I CONSENT EN BE PEEPAAATCX AND NNC BE SNG NAP NUJ SHE"C w WU (SLWI RECORD OWNER: RECORD ONNER IS ALLAN K -WE STATE OF CALIFORNIA J CORI OE LOS ANGELES ) ON /baaln 3. Y.B BEFORE ME, - /TI![NIEL GN4 A NOTARY P GULL. PERSONALLY APPEARED ALLAN K. MRI, FORD PROVED IS ME ON THE BASIS OF SARSFACTp1Y EVOENCE TO BE THE PERSON WNOSE NAME IS SUBSCRIBED TH THE WITHIN INSTRUMENT AND ACKNOVAHMED TO ME THAT HE EXECUTER THE SAME IN 8I5 AUTHORNED CAPACIRES AND THAT BY HIS SIGNATURE ON THE INSTRUMENT THE PERSON, OR THE ENTRY UPON BEHALF OF NACH THE PERSON ACTED, EXECUTED THE INSTRUMENT. ENGINEER'S STATEMENT: HIS MAP WAS PREPARED BY ME OR UNDER MY DIRECT. AND IS BASES UPON A HELD SURVEY IN CONFORMANCE 'MW THE REQUIREMENTS OF THE SUBDINSION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST BE ALLAN K. MUD ON JANUARY 20, .BI I HEREBY STATE THAT THIS PARCEL MAP SUBSTANTIALLY COMPOUND TO THE CONDITIONALLY APPROWD TENTATIVE MAP, IF MY, THAT THE MONUMENTS OF THE CHARACTER AND LOCANONS SHOWN HEREON WhL BE IN PLACE HILLIS 1WENN -FOUR MONTHS FROM THE BLIND DATE OF THIS MAP, THAT SAID NLNNMENRS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACEA WIWAM G 51'IEI SEE 27460 y� EXPIRES. e- 3M12009 W CITY ENGINEER'S CERTIFICATE: (2) AND (.l) HAYS BEEN COMPLIED MIFF. .U42 I COSTLY TINDER PENALTY OF PERJURY UNDER THE LAWS OF THE STALE OF CALIFORNIA THAT THE FOREGONG PARAGRAPH IS TRUE AND CORRECE DAZED WITNESS MY HAND qu 35539 R courvTr In 1W11CH cLYAMISSIWEO 3 f'a ' ti BASE. wAME /G:crraet Pue PH YIH -H NC ANG � R.C.E. NO. MOSS. COMMISSION N0. COMMISSION EXPIWS 2,f 1a n8 CITY ENGINEER MY REUSTRATON EXPIRES: 9/30/2009 OF Offy BE N05EMEAD RECORD BENEFICIARY: N. TONAL CITY MCAFFI, A DIMSION OF NATONAL CITY BANK. UNDER A DEED OP TRUST RECORCEO MARCH 30, 2W7, AS INSTRUMENT NB. 21M /- 0)pBOTI, BE RELF11I RECORDS. RSCOROS OF LOS ANGELES COUNTY. BASIS OF BEARINGS" THE BEARINGS SIOWN HEREIN ARE BASED ON THE BEARING NB9MITY'W BE 001E CENTER ONE OF MAWS AVENUE PER PARCEL MAP BE). 28 "6, PMB 311 PAGES 94 TO 97, MCWSIYE RECORD EASEMENT HOLDERS SOUT CallFORNO, WATER CO.. A CORPORATION. SUCCESSOR IN RITEREST TO EMBLJE WATER COMPANY. A CORPORATION. EASEMENT HOWER OF AN EASEMENT FOR WATER ONES AND AQUEDUCTS PURPOSES BY DEED RECORDED NOVEMBER 18. 1900, IN BOOK 2M. FACE 260 OF DEEDS. SAID EASEMENT IS BLANKET IN NATURE. JAMES A. PARKES, NMUND H. PARKER, MORTON HAIL MIT BERENI HAS. HODFRS OF AN EASEMENT FOR WATER PIPES, FWNES AND INGRESS PURPOSES, BY BEEF RECORDED SEPTEMBER % 191B• IN HOW HIS. PACE 24 W ROOKS O DOI SAID EASEMENT IS BLANKET IN NATURE ��' � ==2 MI �"'�—�7� .a,W 9. ,men nw�m��urt wm�� �m Wia ®u�T� 6y /al � .a,m.Ia*n� / 3 T l�Y�R © l I K -+z SPECIAL ASSESSMENTS CERTIFICATE I HEREBY CERTIFY THAT ALL SPECIAL ASSESSMENTS IEMED UNDER THE JURISDICTON OF THE CITY OF ROSEMEAD TO MICH THE LORD INCLUDED IN THE WTHIN SUBDIVSIM OR MY PART THEREOF 15 SUBJECT, AND µMOH MAY BE PAID IN NLL R AW B BEPN :PAID IN F - AB 1E • r EDY CLERK - F .E.EAD � .- CITY SURVEYOR'S STATEMENT I HEREBY CERTIFY THAT I HAVE EXAMINED THIS MAP AND HAW FRESH THAT IT CONFORMS WTTH MAPPING PROMSIBNS ' 001E SUOpVRICN MAP ACT AND THAT I AM SATSFlFD THIS MAP IS TECHNICALLY CORRECT. DATES: y 3 G ZooB CITY SURVEYOR L.E. NO, 5301 OF CITY OF BOSOM. MY WHISTRALON EXPIRES 12-31 -2009 u6M Y� P er � `` a CLOD 'G T J / J✓ / /%G] SCALE: t "— 50' IN THE CITY OF ROSEMEAD COUNTY OF LOS ANGELES, STATE OF CALIFORNIA SHEET 2 OF 2 SHEETS %% ter, 6,m .as ^ I� �gl;g w' Z Z w z I i o I5 rn Y U i MELROSE STREET Z T aQE I o e�a3 I� Fs�JUK ? PARCEL MAP NO. 69105 vexmrs xona pl mx Ta sn ux BR R]Im Q) iwceas uT r v, raran xa nmo — _11N_ mae GRAVES AVENUE INDICATES THE BOUNDARY OF THE LAND HANG S MB W BY THIS MAP. IL ^�H� f�iltt N�[[Fld m I . I I II 0 ° NOT A PART OF ^ - THIS SUBDIVISION I - a a ° _ [a ddt, h 9 F 6 = ^ mvs3x•v HIGHCLIF LIF F STREET 9 g I o NOT A PART OF gS � THIS SUBDIVI9ON i ¢ o d A d � _ as• nam mu —Th u n I mm'e - W nor° F `— — _ —_ * -- w NOT A PART OF W THIS SUBDIVISIgJ 'S R R € §¢ i¢ al ¢ a ° f rus w �1hJ] 'q NOT A PART OF a sxv�xrC P °�� °_ wis! THIS SUBDIVISION wm� z � Is ss °^ I I ✓ vexmrs xona pl mx Ta sn ux BR R]Im Q) iwceas uT r v, raran xa nmo — _11N_ mae GRAVES AVENUE INDICATES THE BOUNDARY OF THE LAND HANG S MB W BY THIS MAP. IL ^�H� f�iltt N�[[Fld m