CC - Item 3D - 4214-4220 Bartlett AveROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: OLIVER CHI, CITY MANAGER
DATE: APRIL 22, 2008
SUBJECT: APPROVAL OF NEW UNDERTAKING AGREEMENT FOR PARCEL MAP
62018 AND RELEASE EXISTING CERTIFICATE OF DEPOSIT
4214-4220 BARTLETT AVENUE
SUMMARY
Recently Datkam Construction Inc. took over the development of Parcel Map 62018 from
Mr. Sam Chan, the original subdivider. A new undertaking agreement is required to
guarantee completion of new sewer laterals, driveways, sidewalk, a parkway drain and a
parkway tree.
STAFF RECOMMENDATION
Staff recommends that the City Council approve the new undertaking agreement with
Datkam Construction Inc: for the completion of public improvements and nullify the
undertaking agreement with Mr. Sam Chan and release his Certificate of Deposit.
ANALYSIS
On August 21, 2006, the Rosemead Planning Commission approved Tentative Parcel Map
No. 62018 subject to Conditions of Approval that require the subdivider to construct new
sewer laterals, driveways, sidewalk and a parkway drain and plant a parkway tree prior to
recordation of the final map. Mr. Sam Chan, the original sudivider executed an
undertaking agreement (Attachment A) with the City and provided to the City a Certificate
of Deposit in the amount of $ 14,550 (Attachment B) to guarantee the completion of public
improvements.
The Parcel Map was recorded and Mr. Sam Chan sold the development of Parcel Map
62108 to Datkam Construction Inc. Mr. Steve Van of Datkam Construction Inc. became
responsible for the completion of public improvements. He executed an undertaking
agreement with the City (Attachment C). In lieu of surety bonds, he has provided a
Certificate of Deposit in the same amount of $14,550 as required (Attachment D).
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
APPROVED FOR CITY COUNCIL AGENDA: 0
,
• 0
City Council Meeting
April 22, 2008
Page 2 of 2
Prepared by:
J, eph Y a ~g,.-P. E.
City Engineer
Assistant City Manager
Attachment A: Undertaking Agreement with Sam Chan
Attachment B: Sam Chan's Certificate of Deposit
Attachment C: Undertaking Agreement with Datkam Construction Inc.
Attachment D: Steve Van's Certificate of Deposit.
II. ~ 4b
CITY OF ROSEMEAD
UNDERTAKING AGREEMENT
THIS AGREEMENT made and entered this h day of ~t 2007, by and
between the CITY OF ROSEMEAD, State of California, acting by and through its City
Council, hereinafter referred to as "CITY" and
(NAME)
P y I vz-~21 Fl~~~ (rt~l c~'~ C'~ a174'v
(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 62018 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, sidewalk, and parkway drain; and plant
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 compiete the
work is $9,700.
A4achnien- A
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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 Time Certificate of Deposit in the amount of Fourteen Thousana
Five Hundred Fifty Dollars ($14,550) to guarantee faithful performance of all the provisions
4 4b
of 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 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
4 r
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 v 7
-S'~itil GNH/1/
By
(Seal)
Note:
SIGNATURES MUST BE ACKNOWLEDGED
BEFORE A NOTARY PUBLIC.
(ATTACH APPROPRIATE ACKNOWLEDGEMENTS)
By al.
M'a cr of the, City of Rosemead
V
Attested
City Clerk of the City of Rosemed
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California 1
County of L / = J}
On A9ol ` 7c before me, AChA~l C"NG iC~a7lR.: fc~r/ice
r Name an0 Title o1 Othcer e.g.)'Jane Dce. Nya2,y Pud¢ )
personally appeared S~rj Cf/A y
Name(s) of Signer(s)
❑ personally known to me
Boor proved to me on the basis of satisfactory evidence)
MICHAEL CHU
Commission # 1516172
• -v _ Notary Public • California
Los. Angeles County
My Comm. Expires Sep 28, 2008
Place Notary Seal Above
to be the er s) whose name(s) are subscribed to the
within instrument and acknowledged to me that
he/she/they executed the same in slher/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.
WITNESS my hand and-official seal.
Signature
Sgno of ary Public
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 - Top of thumb here
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
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
® 2006 National Notary Association • 9350 De Soto Ave PO Vaox 2602 • Chatov orth. CA 91313-2402 Item No. 590] v609y ~ Reortle - Call im, rree 1-e.0 876-692J
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CITY OF ROSEMEAD
UNDERTAKING AGREEMENT
A
THIS AGREEMENT made and entered this 1,4 day of O~ . 2008, by and
between the CITY OF ROSEMEAD, State of California, acting by and through its City
Council, hereinafter referred to as "CITY" and
DAT?~_ANt C.CWSTRU.CT(DA) INc
(NAME)
171?? GI-QAP, TMQ4CE w. C,o vi NA c.A q f-742 .
(ADDRESS)
hereinafter called the "CONTRACTOR."
WITNESSETH:
FIRST: The CONTRACTOR, for and in consideration of purchase of the property of
that certain land division known as Parcel Map 62018 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
closing escrows, to perform and complete in a good and timely manner, the following work,
to wit:
Construct sewer laterals, driveways, sidewalk, and parkway drain; and plant
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 $9,700.
A ack rnent C
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 Time Certificate of Deposit in the amount of Fourteen Thousand
Five Hundred Fifty Dollars ($14,550) 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 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 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
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
(Seal)
Note:
By
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
0
State of California > CALIFORNIA ALL-PURPOSE
County of LOS ANGELES ) CERTIFICATE OF ACKNOWLEDGMENT
On APRIL 14, 2008 before me, SANDY r EF NOTARY PttBLIC
(here insert name and title of the officer)
personally appeared STEVEN VAN
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ere subscribed to
the within instrument and acknowledged to me that he/shelthey executed the same in his/Her/their
authorized capacity('les), and that by his/her/their signature(s) on the instrument the person(sf, 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 se I.
(yV 1'
Signature l /'V
OPTIONAL INFORMATION
SANDY LEE
Commission A 1787653
-e Notary Public • California £
Los Angeles County
Comm. bpiaS Dec 26, 2011
(Seal)
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this
acknowledgment to on unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a document I Method of
titled/for the purpose of UNDERTAKING AGREEMENT
containing pages, and dated
Thp signer(s) capacity or authority is/are as:
❑ Individual(s)
❑ Attorney-in-Fact
173 CoroorateOfficer(s) _
1ide19
1 Guardian/Conservator
❑ Partner- Limited/General
Trustee(s)
Other:
representing:
Name!si of Feiscnisi or Enutyrresi Sicoe n Reme.en:m9
Proved tome on me oases of smhfduury eviJei lLe:
0 formrs) of idernifrarion 0 credible witness(es)
Notarial event is detailed in notary journal on:
Page a Entry
Additional Signerl9 E..:i0ner(s)Thumbxin:t5)
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