CC - Item 4E - Release of Bonds Parcel Map 25892 - 9229 Pitkin AvenueTO: HONORABLE MAYOR
AND MEMBERS
ROSEMEAD ITY COUNCIL
FROM: BILL CROWE, ITY MANAGER
DATE: APRIL 1, 2003
RE: RELEASE OF BONDS - PARCEL MAP 25892
9229 PITKIN AVENUE
A Faithful Performance Bond and a Labor and Material Bond was required to
guarantee construction of a house sewer lateral, drive approaches, curb and
gutter, sidewalk, and planting of parkway trees. In lieu of bonds, a Certificate of
Deposit was issued,to the City in the amount of $15,000.
The City Engineer has inspected the improvements and found them to be
installed satisfactorily. Attached are the undertaking agreement, required surety,
and a map that indicates the location of the parcel.
RECOMMENDATION
It is recommended that the City Council accept the public improvements and
release the Certificate of Deposit.
Attachment.
COUNCIL AGENDA
APR 0 8.2003
ITEM No."L
1
CITY OF ROSEMEAD
UNDERTAKING AGREEMENT
THIS AGREEMENT made and entered this 22n6 day of January, 2002, by and between the
CITY OF ROSEMEAD, State of California, acting by and through its City Council, hereinafter
referred to as "CITY" and
(NAME)
(ADDRESS)
hereinafter called the "CONTRACTOR."
W ITNESSETH:
FIRST: The CONTRACTOR, for and in consideration of the approval of the final
map of that certain land division known as Parcel Map 25892 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 house sewer lateral, drive approaches, curb and gutter,
sidewalk, and planting of parkway trees.
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 $10,000.00.
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 perfbrmance 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: It is further agreed that the CONTRACTOR has filed with the CITY a Time
Deposit Certificate in an amount equal to $15,000.00 to guarantee faithful performance of all
the provisions of this Agreement and for the payment of all persons performing labor and
furnishing material in connection with this agreement. If the Time Deposit Certificate, in the
opinion of the CITY, become insufficient, CONTRACTOR agrees to replenish said Time
Deposit Certificate within ten (10) days of the receiving notice that said Sureties, are
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 ahd 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 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 dayas above indicated.
By l UC- O' LILL~fi~
U
By
(Seal)
Note:
SIGNATURES MUST BE ACKNOWLEDGED
BEFORE A NOTARY PUBLIC.
(ATTACH APPROPRIATE ACKNOWLEDGEMENTS)
By d n~u~e~C
Oyjr of the City of R semead
Attested
City Clerk of/the City of Rosemed
(%At 1;:nFZNIA ALL-PUMPOSE ACKNOWLEDGMENT
State of California.
ss.
County of
J ~ o ~ Spy" ~'-l~~~J
On before me,
Dale Name and Title of Officer (e.g • "Jane Doe, Notary Publln")
personally appeared
❑ personally known to me
proved to me on the basis of satisfactory
e idence
to be the person(s) whose name(s) is/are
SANDY CHIANG subscribed to the within instrument and
Commission 1248396 acknowledged to me that he/she/they executed
Notary Public - California > the same in his/her/their authorized
0MYCOMM. LosAngeles County capacity(ies), and that by his/her/their
5cpirPS Jan 31,2x}4
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WIT SS hand and off' eal.
Place Notary Seal Above Signature of Notary Publik
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: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual Too of mur ru mere
❑ Corporate Officer - Title(s):
❑ Partner- ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
01929 National NOlary APSQC al,on • 9350 De Solo Are., P.O. Boe 2402 • Cnalswonp, CP 91313-2402 • www.raliOnalnolary.orfi Pict. No. 5907 Fe0r0e[ Cal'. id; Free LBC48]Faa3]
Lees Angeles National Bank FRO!! CF.. 16-3361
IT 4M 1"s No. R 19367
TIME DEPOSIT CONFIRMATION DECEMBER 19 2001
Your certificate does not accrue interest after maturity. All terms of your certificate are DATE '
subject to all applicable present and future State and Federal laws and regulations.
Your certificate may not be withdrawn prior to maturity unless substantial interest is
forfeited. Your certificate is}J automatically renewable O single maturity. INTER=ST HAT=_ 1..9/
S586165290 365 DAYS 12-19-2002
TAX I.D. NO. I, - I•,l r„ r„4 M, MATURES ON 19
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LOS ANs_llc ; F , C
Payable To: M1TERESi?AID :?YO. DOUART. DMAT. ]OTHER
*CITY OF ROSEMEAD**%
-**DEPOSITOR: CHUN1340A VAN ACCOUNT NO102-119367
.
SEE REVERSE
MEMBER FDIC NON NEGOTIABLE
AMOUNTS OOO. 00**
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PARCEL
MAP
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P.ARCEL_
MAP
P. M. 7- 8
TRACT NO. 1128.2
M. 0.225-41--Ar2
PARCEL
MAP
P.M. 21 40
PARCEL
MAP
PM, 211-80
TRACT N
O. 10845
M`. B. 193-43
PARCEL
MAP
P. M- 230- 9- 10
PARCEL
MAP
P. M. 199 -72
15, 900
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