CC - Item 4H - 3130 Evenlyn Avenuen
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ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: OLIVER CHI, CITY MANAGER
DATE: JUNE 10, 2008
SUBJECT: APPROVAL OF UNDERTAKING AGREEMENT FOR PARCEL MAP 69127
3130 EVELYN AVENUE
SUMMARY
In accordance with the Conditions of Approval for Tentative Parcel Map No.69127
approved by the Rosemead Planning Commission on June 4, 2007, the subdivider is
required to construct new driveway approaches, sewer laterals, parkway drains, catch
basins and sump pumps tree prior to recordation of the final map. The undertaking
agreement guarantees completion of the public improvements.
STAFF RECOMMENDATION
Staff recommends that the City Council approve the undertaking agreement for the
completion of public improvements.
ANALYSIS
On June 4, 2007, the Rosemead Planning Commission approved Tentative Parcel Map
No. 69127 subject to Conditions of Approval that require the subdivider to construct new
driveway approaches, sewer laterals, parkway drains, catch basins and sump pumps prior
to recordation of the final map. If the public improvements are not completed prior to
recordation of the final map, the subdivider must execute an undertaking agreement
(Attachment A) and provide a Faithful Performance Bond and Labor and Materials Bond in
an amount estimated by the City Engineer. The undertaking agreement guarantees
completion of the public improvements within two years. In lieu of surety bonds, the
subdivider has provided to the City a Refundable Cash Deposit in the amount of $ 43,950.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared by:
UA
Joseph Y. Wang, P.E.
City Engineer
APPROVED FOR CITY COUNCIL AGENDA: 0 .
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City Council Meeting
June 10, 2008
Page 2 of 2
Assistant City Manager
Attachment A: Undertaking Agreement & Refundable Cash Deposit
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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
1
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5o A
(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 69127 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 driveway approaches, sewer laterals, parkway drains, catch
basins and sump pumps.
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 $29,300.
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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 Surety Bond in an amount equal to at least one hundred percent of
the estimated cost of this work for the Faithful Performance of this agreement; and a
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separate Surety Bond in an amount equal to at least fifty percent of the estimated cost of
this work for the payment of all persons performing labor and furnishing materials in
connection with this agreement. If the Sureties on said Bonds, in the opinion of the CITY,
become insufficient, CONTRACTOR agrees to renew said Bonds with good and sufficient
Sureties within ten days of receiving notice that said Sureties are insufficient. In Lieu of the
above-mentioned bonds, a refundable cash deposit in the amount of Forty three thousand
nine hundred fifty dollars ($43,950) is paid to the City.
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
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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
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 ( r
SIGNATURES MUST BE ACKNOWLEDGED
BEFORE A NOTARY PUBLIC.
(ATTACH APPROPRIATE ACKNOWLEDGEMENTS)
By
John Tran
Mayor of the City of Rosemead
Attested
City Clerk of the City of Rosemed
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ACKNOWLEDGMENT
State of California
County of
On CL, • before me, tit t{-1 ~ ~ n'tM LI~c~,b f iC_
(insert name and title o the offic r 11
personally appeared Jbt\V'\ K-K-u-L-k '
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 c ec.
WITNESS my han nd official seal. CHINH BUI M
• COMM. #1681435
- i NOTARY PUBLIC - CALIFORNIA C
• LOS ANGELES COUNTY
My Comm. Expires Aug. 13, 2010
Signature (Seal)
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RECEIPT FOR PAYMENT
CITY OF ROSEMEAD
8838 EAST VALLEY BOULEVARD
ROSEMEAD, CA 91770
626.569.2100 (M - TH 7:00 - 6:00 PM)
Name: o~ f ' ; i uta
Address: 5a ALAN Ce~~ A66 C- .
DeptlBy: c e Date:
For: P.Al 4 "9,12 7~-3 C /t,"
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TRAM
TRAN
CODE
DESCRIPTION
CODE
DESCRIPTION
710
Building Permit Fees
100
Refundable Deposits
713
Strong Motion Fees
820
Building/Field Rental/Supv '
720
Public Works Permits
843
Class Registration
712
Occupancy 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