CC - Release of Bond - parcel Map 26583 - 9325 Pitkin AvenueTO: HONORABLE MAYOR
AND MEMBERS
ROSEMEAD CITY COUNCIL
FROM: BILL CROWADS, CI CITY MANAGER
DATE: DECEMBER 16, 2003
RE: RELEASE OF BOND - PARCEL MAP 26583
9325 PITKIN AVENUE
A Faithful Performance Bond and a Labor and Material Bond was required to guarantee
construction of house sewer laterals, drive approaches and sidewalk. In lieu of bonds, a
Certificate of Deposit was issued to the City in the amount of $12,750.
The City Engineer has inspected the improvements and found them to be installed
satisfactorily. Attached are the undertaking agreement, required surety, and a map
showing the location of the parcel.
RECOMMENDATION
It is recommended that the City Council accept the public improvements and release the
Certificate of Deposit.
Attachment.
_,
COUNOL
JAN 112004
ITEM No. ` l 'td-
CITY OF ROSEMEAD
UNDERTAKING AGREEMENT
THIS AGREEMENT made and entered this `I day of 2003, by and
between the CITY OF ROSEMEAD, State of California, acting by and through its City
Council, hereinafter referred to as "CITY" and
ly u L
(NAME)
(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 26583 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:
Construction of sewer laterals and other public right- of-way improvements.
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 $8,500.
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 ofthe use of
any patent or patented article, in the perbrmance 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 an amount of Twelve Thousand
Seven Hundred Fifty Dollars (512,750) to guarantee faithful performance of all, the provisions
of this agreement and for the payment of all persons performing labor and furnishings
matenals 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 said 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 attorneys 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 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 br 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 dayas above indicated.
By k� ,/ GCS
(Seal)
Note:
SIGNATURES MUST BE ACKNOWLEDGED
BEFORE A NOTARY PUBLIC.
(ATTACH APPROPRIATE ACKNOWLEDGEMENTS)
By —
Iv1a or o of Rose ead
Attested ko
Ci y Clerk o the City of Rosemed
rAI !C(19ZMiA Al f - PURPOSE ACKNOWLEDGMENT
State of California
/ � ss.
County of t—, S ,D` -S
On Z' � , before me, ��
ed1 Name an, Tine of Otl,cer (e.g.. Jane Doe. IJOIa um¢ 1
personally appeared l_I vii
Names) nl 5,9nega)
BELINDA LI
Commission # 1257151 z
QMyC,omm. Notary Public - California
Z Las Angeles, County
rte, 'res Ma31.20
Place Not., Seal ADOVe
❑ personally known to me
j( 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.
WITH ,Sc my hand and official seal.
S,y of F 0c
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 or this form to another document.
Description of Attached t
Title or Type of Document:
Document Gate:
�r
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name: KLII
G' Individual
❑ Corporate Officer— Title(s): _
Partner —'- Limited ❑ General
❑ Attorney in Fact
Trustee
Guardia r} O � o��'Iservator
Z- Other: (--
Signer Is Represeniing:
Number of Pages: f )o lr,
I Top, of InumC here
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