CC - Item 3L - Undertaking Agreement for Parcel Map 68743•
ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: OLIVER CHI, CITY MANAGER 6k.#'-%
DATE: MARCH 10, 2009
SUBJECT: APPROVAL OF NEW UNDERTAKING AGREEMENT FOR PARCEL
MAP 68743 AND RELEASE OF EXISTING CASH DEPOSIT (3055
SULLIVAN AVENUE)
SUMMARY
Mr. Tony S. L. Chen DBA Dragon Builders took over the development of Parcel Map
68743 from Mr. Andy D. Huynh and Nicole Wang, the original subdividers. A new
undertaking agreement is required to guarantee completion of new sewer laterals,
driveways, sidewalk, a parkway tree, and the installation of survey monuments.
• STAFF RECOMMENDATION
Staff recommends that the City Council:
1.) Approve the new undertaking agreement with Mr. Tony S. L. Chen DBA Dragon
Builders for the completion of public improvements;
2.) Nullify the undertaking agreement with Mr. Andy Huynh and Nicole Wang and
release their existing Cash Deposit.
ANALYSIS
On April 7, 2007, the Rosemead Planning Commission approved Tentative Parcel Map
No. 68743 subject to Conditions of approval that require the subdivider to construct new
sewer laterals, driveways, sidewalk, plant a parkway tree, and install survey monuments
prior to the recordation of the final map. Mr. Andy Huynh and Nicole Wang, the original
subdividers, executed an undertaking agreement (Attachment A) with the City and
provided to the City a Cash Deposit in the amount of $8,250.00 to guarantee the
completion of public improvements.
The Parcel Map was recorded and Mr. Andy Huynh and Nicole Wang sold the
development of Parcel Map 68743 to Mr. Tony S. L. Chen DBA Dragon builders. Mr.
Tony S. L. Chen DBA Dragon Builders became responsible for the completion of public
improvements. He executed an undertaking agreement with the City (Attachment B). In
lieu of surety bonds, he has provided a Cash Deposit in the same amount of $8,250.00
• as required.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
APPROVED FOR CRY COUNCIL AGENDA: O • ITEM NO. 3 L
City Council Meeting
March 10, 2009
• Page 2 of 2
Prepared by:
Lucien J. LeBlanc, P.E.
City Engineer
Submitted by:
Chris Marcarello
Deputy Director of Public Works
Attachment A: Undertaking Agreement with Andy D. Huynh & Nicole Wang
Attachment B: Undertaking Agreement with Tony S.L. Chen DBA Dragon Builders
•
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Dec 05 07 03:18r
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CITY OF ROSEMEAD
6265692303 r.2
UNDERTAKING AGREEMENT
THIS AGREEMENT made and entered this n ~r day of P~ C-t~-I- , 2007, by and
between the CITY OF ROSEMEAD, State of California, acting by and through its City
Council. hereinafter referred to as "CITY" and
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 68743 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 sidewalk, plant parkway tree and
install monuments.
U
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 costio do all work and furnish all materials necessaryto complete the
work is $5,500.
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Dec 05 07 03:15F SEGZSDC303 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 or omissions of the CONTRACTOR, his
s of said work. All of said liabilities shall be assumed
, or employees, in performance
agents
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
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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 Time Certificate of Deposit in the amount of Eight Thousand Two
Hundred and Fifty Dollars ($8,250) to guarantee faithful performance of all the provisions of
0
0eo 05 07 03-1HP 62.65632303 P•4
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• this agreement and for the payment of all persons performing labor and furnishings
materials in connection with this agreement. If the Time Certificate of Deposit, in the
opinion of the CITY, becomes insufficient, CONTRACTOR agrees to renew said Time
Certificate of Deposit within ten days of receiving notice that Time Certificate ofDeposit 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
•
Dec 05 07 03:1Sp 6265c623o3 P S
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. 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.
By
By-'V t~..~
(Seal)
Note:
• SIGNATURES MUST BE ACKNOWLEDGED
BEFORE A NOTARY PUBLIC.
(ATTACH APPROPRIATE ACKNOWLEDGEMENT S)
1' t,,---
By v
Mayor e City
Attested I
City Clerk of
11
ALL PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA )ss
COUNTY OF LOS ANGELES }
On 12/10/2007 before me DOUGLAS DAC NGUYEN, Notary Public, personally appeared ANDY HUIYNH &
NICOLE WANG personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person(s whose name(s) i are ubscribed to the within instrument and acknowledged to me that
he/sh they xecuted the same in his/her/their authorized capacity(ies), and that by his/he their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,-
executed the instrument.
WITNESS my hand and official seal..
Signature f xz~ t
DOUGLAS DAC NGUYEN
Commission #.1530672 Z
z` - -a Notary Public • California 5
" Los Angeles County T I - My Comm. Expires Nov 21, 2008
(NOTARY SEAL)
•
F- 1
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ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could
prevent fraudulent attachment of this certificate to another document.
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW.
Title of Document TypelL)9Jg 64 Kar, .4 6!~C- E E it f E- 0VT1
Number of Pages _ Date of Document 12 9 00 7 /
Signer(s) Other Than Named Above N~
All Purpose Acknowledgment
•
CITY OF ROSEMEAD
UNDERTAKING AGREEMENT
THIS AGREEMENT made and entered this day of 'pxa+Q 2008, by and
between the CITY OF ROSEMEAD, State of California, acting by and through its City
Council, hereinafter referred to as "CITY" and
vl S
(NAME)
055 i1 LLi Val At/c P t-Se Mc_D. fA y t-7 7e
(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 68743 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 sidewalk, plant parkway tree and
install monuments.
1
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 $5,500.
• 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 Eight Thousand Two Hundred and
• Fifty Dollars ($8,250) to guarantee faithful performance of all the provisions of this
y
•i
• 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 Time Certificate of Deposit within ten days
of receiving notice that Time 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
'a
• 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.
By
By
(Seal)
Note:
• 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
r~
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•
0
All I D11DDnci orKNOWLEDGMENT
I }
STATE OF CALIFORNIA }ss
COUNTY OF LOS ANGELES }
On 12/09/2008 before me DANIEL LAM, Notary Public, personally appeared TONY S L CHEN DBA
DARGON BUILDERS 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 d and c Icial seal.
DANIEL LAM ~
_ 0 COMM.#1771128
Signature (5 y NOTARY PUBLIC - CALIFORNIAQ
C LOS ANGELES COUNTY
COMM. EXPIRES OCT. 28, 2V
(NOTARY SEAL)
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could
prevent fraudulent attachment of this certificate to another document.
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW.
Title of Document Type AC-r
Number of Pages 4- Date of Document
Signer(s) Other Than Named Above 'TOil~:( c % CAP-k-1
All Purpose Acknowledgment