CC - Item IV. E - Release 8 Bonds _ Tract 47192 - 2401 Del MarTO: HONORABLE MAYOR.
AND MEMBERS
ROSEMEAD CITY COUNCIL,
FROM: RANK G. TRIPEPI, CITY MANAGER
DATE: OCTOBER 2, 2001
RE: RELEASE OF BONDS — TRACT 47192
2401 DEL MAR AVENUE
A Faithful Performance Bond and a Labor Bond and Material Bond were required to
guarantee construction of a street, storm drain, sewer, and appurtenant right of way
improvements. In lieu of bonds a Letter of Credit was issued to the City.
The City Engineer has inspected the improvements and has found them to be installed
satisfactorily. Attached are the undertaking agreement, required surety, and a location
map.
RECOMMENDATION
It is recommended that the City Council release the Letter of Credit and accept the public
improvements.
� Attachment
2001 rsmd /staff rpt/city
AGENDA
OCT 0 9 2001
ITEM No.
CITY OF ROSEMEAD .
UNDERTAKING AGREEMENT''''''
THIS AGREEMENT made and entered this 19th day of July
1990 , by and between the CITY OF ROSEMEAD Sfate of Cali ornia, acting
by and through its City Council;' hereinafter referred'to as "CITY" and
RICHARD SIEN AND BILL LAU - `
( NAME)
724 RODMAN CIRCLE, MONTEREY PARK, CA. 91754
(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 Tract Ma 1147192
hereby agrees, at the CONTRACTOR'S own cost and expense to 76rnish 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 workmanlike manner, the following work, to wit:
Construction of all streets, highways and public ways, sanitary sewerage
and drainage facilities, fences, underground utilities, installation of
street signs, street lights, water system, setting of survey monuments
and all related facilities, and such other improvements required by the
ordinances of the, City of Rosemead.
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 in accordance with plans and specifi-
cations on file in the office of the City Engineer is as shown on Attachment
"A"
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, Li or, loss.of any sort because; of, 'or, arising out of, the acts
or omissions.�ofjhe CONTRACT.OR,: his agentsiand;iemliloyees in the perfor-
mance 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 of 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 termi-
nate 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 Surety Bond in an amount equal to at least one hundred percent of
the estimated cost of this work, as specified in Attachment "A ", for the
faithful performance of this agreement; and a separate Surety Bond in an
amount equal to at least fifty percent of the estimated cost of this work, as
specified in Attachment "A ", 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, CONTRAC-
TOR agrees to 'renew said bonds with good and sufficient Sureties within ten
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 insure 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 con-
tract. 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 determina-
tion 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 CONTRAC-
TOR 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 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
President
By
(Seal)
J .
BY
M
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 Rosemead
Agr71 OF
FIRST AMENDMENT TO UNDERTAKING AGREEMENT
FOR TRACT MAP NO. 47192 - 2405 DEL MAR AVENUE
AND 7701 -7713 GRAVES AVENUE
THIS FIRST AMENDMENT to Undert king Agreement is made and
entered into this �Q day of u, 1993, by and
between the CITY OF ROSEMEAD, a mun cipal corporation,
hereinafter referred to as "CITY" and RICHARD SIEN AND GRACE
SIEN, husband and wife and BILL LAU AND MARY LAU,'husband and
wife and TUNG -HWA CHANG AND CHIOU JING - JIANG, CHANG, hueband. -and wife
hereinafter collectively referred to as "CONTRACTOR ".
1. The parties hereto wish to amend the original agreement
between the parties, dated July 19, 1990, a true and correct copy
of which is attached hereto, marked Exhibit " A " and incorporated
herein by this reference.
2. Paragraph "FIFTH" of Exhibit " is :;.ereby. deleted in
its entirety and replaced with the following provision:.
FIFTH:_ Contemporaneously with the execution of this
Agreement, CONTRACTOR shall file with the City a Note
Secured by a First Deed of Trust in the amount of Six
Hundred Four Thousand Five Hundred Dollars ($604,500).
to guarantee faithful performance of all of...the.
provisions of this contract and to secure payment of
all persons performing labor and furnishing materials
in connection with this agreement. Prior to
commencement of work or, earlier, upon demand of City,
CONTRACTOR shall replace the note and deed_of trust
with cash or a Surety Bond in an amount equal to at
least one hundred percent of the estimated.cbst of
work, as specified in Attachment "A ", for the faithful
performance of this agreement; and a separate Surety
Bond in an amount equal to at least fifty percent of
the estimaa:ad comet of this woL as specified is
Attachment "AA ", 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 the receiving
notice that said Sureties, are insufficient.
3. The first sentence of paragraph "FIRST" is hereby
amended to read as follows:
FIRST: The CONTRACTOR, for and in consideration of the
approval of the final map of that certain land division
known as Tract Map #47192, hereby agrees, at the
CONTRACTOR'S sole cost and expense to furnish all
labor, materials, and equipment necessary to perform
and complete, and within forty eight (48) months from
June 26, 1991 (date of recordation of final map), to
perform and complete in a good and workmanlike manner,
the following work, to wit:
4. Except as specifically amended by this FIRST AMENDMENT,,
the Agreement (Exhibit A hereto) between the parties shall remain
in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this
FIRST AMENDMENT on the date first written above.
CONTRACTOR
Rich Sien
- Grace Sien
z.
Bill Lau
Mar Lau
Tung -Hwa Chan
�Tl.(6it.4 G ire
Chiou Jing- iangg CHA1\IG
NEC.")RDING REQUESTED BY
AND WHEN RECORDED MAIL TO
No ,,, CITY OF ROSEMEAD
8838 E. Valley Blvd
93 1783911
RDEDIFiLED IN OFFICIAL RECOPD£
RECORDER':: OFFICE .
LOS ANC -EI_ES CGUPlTY
C/t!_IFORINIA
H ,,,, MIN. 1 A PMior_r lx 1993
Aeer... Rosemead, CA 91770 FAST �.', �
t:nr 8 FREE - - 1
soul L Attn: Alfonso Rodriguez — e It/
SPACE ABOVE THIS LINE FOR RECORDER'S USE
SHORT FORM DEED OF TRUST AND ASSIGNMENT OF RENTS (INDIVIDUAL) _
A.P.N._
This Deed of Trust, made this 26th day of August, 1993 between
RICHARD SIEN, GRACE SIEN, BILL LAU,.MARY'LAU, TUNG —HWA CHANG AND.CHIOU
JING —JIANG
whose address is 1379 Sunnyslop Place, Monterey Park, CA 91754
(number and street) (city)
MODERN ESCROW COMPANY, herein called TRUSTEE, and
CITY OF ROSEMEAD
herein called TRUSTUR,
(slate) (zip)
, herein called BENEFICIARY,
Witnesseth: That Trustor IRREVOCABLY GRANTS, TRANSFERS AND ASSIGNS to TRUSTEE IN TRUST, WITH POWER OF SALE,
that property in City of Rosemead;, Losi Angeles County, California, described as:
LOTS 1 TO 31 INCLUSIVE OF TRACT NO. 47192, IN THE CITY OF ROSEMEAD, COUNTY OF
LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1175 PAGES 57
TO 59 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
TOGETHER WITH the rents, issues and profits thereof, SUBJECT, HOWEVER, to the right, power and authority given to and conferred
upon Beneficiary by paragraph ( 10) of the provisions incorporated herein by reference to collect and apply such rents, issues and profits.
For the Purpose of Securing: I. performance of each agreement of Trustor incorporated by reference or contained herein. 2. Payment
of the indebtedness evidenced by one promissory note of even dale herewith, and any extension or renewal thereof, in the principal sum
t
of S_6.O,4.,.500... OD.— execuled by Trustor in favor of Beneficiary or order. 3. Payment of such further sums as the then record owner of
said property hereafter may borrow from Beneficiary, when evidenced by another note (or notes) reciting it is.so secured.
To Protect the Security of This Deed of Trust, Trustor Agrees: By the execution and delivery of this Deed of Trust and the
note secured hereby, that provisions ( I 1 to ( 14), inclusive, of the fictitious deed of trust recorded in Santa Barbara County and Sonoma
County October 19. 1961, and in all other counties October 23, 1961, in the book and at the page of Official Records in the office of the
county recorder of the county where said properly is located, noted below opposite the name of such county, viz.:
COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE
Alorn.da 435 664 Kings 792 833 ►lour 895 301 Siena 29 335
Alpine 1 250 lake 362 39 Plumes 1St 5 Sickiyau 468 lei
Amide, 104 348 Loss.n 171 471 Riv.rcid. 3005 523 Sol... 1105 182
Burnt 1145 1 tos A.g.l.s T2053 It" Sacramento 4331 62 senemo 1851 689
Colonras 145 152 Madam 810 170 Son Ban;te 271 mli Aanidem 1715 456
C.Iusa 296 617 Merin 1508 339 Son Bernardino $567 61 Sun., 572 297
Co.". Costa 3978 47 Mariposa 77 292 Son Francisco, A332. 905 Tebamo 401 289
D.I Notts 78 414 Mendocino h 579 S30 San Joaquin 2470 311 Trinity 93 366
III Derado 568 456 Mvud 1547 338 San Luis Obispo 1151 12 Tulare 2294 27S
h.mo 4626 572 Modoc i 184 851 San Mateo "- 4078' 420 T,.I.no r 135 47
Glenn 422 184 Mona 52 429 Santa Barbara 1878 860 Wntura 2062 386
Nunth.ldt 657 $27 Montooy 12194 538 Santo Clore 5336` 341 Yale 653 245
Impoial 1091 Sol Napa 639 66 Santo Ccoa '.1431 494 Yuba 334 486
Inya 147 598 Nwoda 305 320 Shasta 684 528
Eon 3427 60 Going. ,5889 611 Son Di.pa Soi. 2 Book 1961, Poe. 183687
f h
I which provisions, identical in all counties, are printed on the r.•xerse heeof) hrtehy arc adopu-d and mado a 1 1,11
hereof as fully as though set forth herein at length; (Its( he will observe and perform 'said pnoi.om.; and that the referrnrrs u- pngrerry.
obligations, and parties in said provisions shall be construed to refer b, the prngrer Ly, obligations, and genie, set hoth in Ihi, Derd ..f Trust.
The undersigned Trustor requests that a copy of any Notice of Default and of any N1dice or Sale hvrrunder he mailed to him at his address
hereinbefore set forth.
STATE OF CALIFORNIA, )
} SS.
COUNTY OF ) '
On before me, the under-
signed, a Notary Public in and for said State, personally appeared
known to me,
to be the person_ whose name— —subscribed to the within
instrument and acknowledged Thal __executed the same.
WITNESS my hand and official seat.
Signature
Mary Lau
Tung= Hwa Chang v
a Ace
Chiou Jing—Jiang'siiChan
GALIFUHKiA ALL-PURPOSE ACKNOWLEDGMENT _ N9.5193
State of Ca lifornia
®,OPTIONAL SECTION
CAPACITY CLAIMED BY SIGNER
County of Los Angeles
-
Though statute does not require the Notary to
-
fill in the data below, doing so may prove
'
Invaluable to persons relying on the document.
On 9-10 -93 before me, BETTY
0. SIT
INDIVIDUAL
DATE
NAME, TITLE OF OFFICER E.G..'JANE DOE, NOTARY PUBLIC
CORPORATE OFFICER(S)
personally appeared RICHARD SIEN
and GRACE SIEN and BILL LAU and
MARY LAU
NAME(S)OF SIGNERS) -
TITLE(S) '
❑ personally known to me - OR -)W proved to me on the basis of satisfactory evidence
❑ PARTNER(S) ❑ LIMITED
to be the person(s) whose name(s) is /are
❑ GENERAL
subscribed to the within instrument and ac-
❑ ATToRNEY -IN -FACT
knowledged to me that he /she /they executed
❑ TRUSTEE(S)
the same in his /her /their authorized
GUARDIAN/CONSERVATOR
capacity(ies), and that by his /her /their
signatures) on the instrument the person(s)
E] OTHER:
` BETTY O. SIT
or the entity upon behalf of which the
3
0 comm psa9t2o /y
oTARYPNaLIG CALIFORNIA^
person(s) acted; executed the! instrument.
LOS ANGELES COUNTY \,
Comm -s
" WITNESS id
SIGNER IS REPRESENTING:
Expires 124,1997
my nd off Ici I seal.
NAME OF PERSON(S) OR ENTITY(lES)
BETTY 0 1 'S ATURE FNOTARY ,
/ ZONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED TO
TITLE OR E OF DOCUMENT -
THE DOCUMENT DESCRIBED AT RIGHT:
NUMBER OF PAGES DATE OF DOCUMENT
Though the data requested here is not required by law,
it could prevent fraudulent reattachment of this form.
SIGNER(S) OTHER THAN NAMED ABOVE
• �• • • �......�� • • ocoo nnnnmar Ave., r.U. box (184 • Uanoga Park, CA 91309 -7184
li LIF VFIIY IA
E ACKNOWLEDGMENT
State of California l
County of Los Angeles J
On 9 -10 -93 before me, BETTY 0. SIT
DATE NAME, TITLE OF OFFICER - E. G, 'JANE DOE, NOTARY PVBLIC
personally appeared GRACE SIEN
NAMES) OF SIGNER(S)
❑ personally known to me - OR - 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 ac-
knowledged 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 eritity upon behalf of which the
BETTY O. SIT person(s) acted, executed the instrument:
Comm, pg89120
D IARY
LOSAN GELE S COUNTY l! P UBLI C CFORNIAo WITNESS my h and officiaj seal
97 -
LOS AN /
Comm Expires MarO 24, 19 I
BETTY 0. SL7 5 '
THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYP
THE DOCUMENT DESCRIBED AT RIGHT:
Though the data requested here is not required by law,
it could prevent fraudulent reattachment of this form.
No. 5193
OPTIONAL SECTION
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to
fill in the data below, doing so may prove
invaluable to persons relying on the document.
❑ INDIVIDUAL
❑ CORPORATE OFFICER(S)
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN /CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITYUES)
1 -- 1:11,,1 . - . ...--. v. „ :..-
IvUIi yr T UA I C UY UUL:UIvi I
SIGNER(S) OTHER THAN NAMED ABOVE _
WIVU4 NA r UNAL NU I ANY AJSUUTA I PUN • U235 Hammel Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184
-' AECORDING nEOUEST'ED UY
r AND WNEN nECOn DED MAIL TO
N.we
GRACE SIEN
724 RODMAN CIRCLE
MONTEREY PARK, CALIF. 91754
arse L J
91- 589853
RECORDED IN OFFICIAL RECORDS
RECORDER'S OFFICE
LOS ANGELES COUNTY.
CALIFORNIA
3l AST. fpm APR �_,( 1991
SPACE ABOVE THIS LINE FOR RECORDER'S USE
f .Xnr r r!� 1I € tnr'EtpV FEE �7 C
,l fir r r �. va s... _ _. 2
GENERAL
_... ,. :. :.. :: BY 'I'll] THIS POKER OF ATTORNEY':; ,.___.• __ .
Tung — ffwa, Chang and Chiou Ding -iiang, Chang, also ]mown as Chiou J.J.
Chang ................................................................................................... : ........................ .................:...........of the City of i
(Name or names of person or persons gMng' this power hereinsfier referrer; to u Pyircipal)
Taipei ................. ............................... ....: .............. ..... aiwan....................................... .........6.......6.............
do.......... appoint...C.orace Sien of the County of Los Angeles, State of California, United
................. ............................... .................................. ...............................
State of Americ
.. ...........................rue and lawful attorney...�fi fact for us and in our names.
In principal's name, and for principal's use and benefit, said attorney ........ is authorized hereby:
(1) to demand, sue for, collect, and receive all money, debts, accounts, legacies, bequests, interests, dividends,
annuities, and demands as are now or shall hereafter become due, payable, or belonging to principal, and to.
take all lawful means, for the recovery thereof and to compromise the same, and give discharges for the '
same;
(2) to buy and sell land, make contracts of every kind relative to land, any interest therein or the possession
thereof, arid to take possession and exercise control over the use thereof;
(3) to buy, sell, mortgage, hypothecate, assign, transfer, and in any manner deal in and with goods, wares, and
merchandise, choses in action, certificates or shares of capital stock, and other property in possession or in
action, and to make, do, and transact all and every kind of business of whatever nature;
(4) to execute, acknowledge and deliver contracts of sale, escrow instructions, deeds, leases including leases for
ierals e. hydrocarbon substances and assignments of leases, covenants, agreements and assignments of
agreements, mortgages and assignments of mortgages, conveyances in ;sus: :o , acure i..ceb ?edr:ess cr
other obli ations, and assign Ilse beneficial ;merest thereunder, subordina (ion s. of liens or encumbrances,
bills of la�ing, bills, bonds, notes, receipts, evidences of debt, releases and satisfactions of mortgages, re-
quests to reconvey deeds of trust, partial or full, judgments, and other debts, and other instruments in
writing of whatever kind and nature, all upon such terms and conditions and under such covenants as said
attorney ........ shall approve.
(5) to execute, exchange, grant or. convey real property.,,
...- ............................................................................................................................................................. ...............................
.................................................................................................................................................................. ...............................
GIVING AND GRANTING to said attorney .......... full power find authority to do sll and every act and thing
whatsoever requisite and necessary to be done, telative any of the foregoing as fully to all intents and purposes
as principal might or could do if personally present. '
All [flat said attorney........ shall lawfully do or cause to be done under the authority of :hit ,lower of attorney Is
expressly approved. p
Dated .......
/ ".L"......'... /. �/ .L...........
y .............
before e, the undersigned. a Notary Publi n and for said
personally appeared
personally known to me oved to me on the bass of
satisfactory evidence be thep nts) whose. name(s). is
(are) subscribed he within inslrume nd acknowledged
that executed the same. •�.i. •`;
'.Cungfyaaa,
' ✓
........................... ...............................
FOR NOTARY SEAL OR STAMP
\ �• Title Order No.__ —. F. rrow No.
T
Ci. c.1' o£ Ta�Fei in d
p�,ec ican lost it O£flce
"hl, Tal
S.S.
C — ch
, 1991, before me,
Mar ,
27th day of PL 9
On this gpecial Notary
Shirley Lee DING JIANG CHANG,
CHANG and CHIOU or proved
appeared, TUNG -HwA �f�bda �Ah11k� burl lW hd�l
personally - the persons
�l�fvtla�Elul.lSllr�!!� evidence) to be
gnJ�d lYckdo� 1 tort' and acknow-
to me on the ball' of satisfac
bed to
subscri
the within instrument,
whose na me s are t they seal the the same. H first-
ex ecuted day and year -
that d officia
an l
Fitness my hand -
above Wri tten*
F
Shi,.leqq Lee (pL96 -8)
Special T7o
UALIFIID
DULY�� 2 � r�8. 1992
NfY
91 559853
SECOND AMENDMENT TO UNDERTAKING AGREEMENT
FOR TRACT MAP NO. 47192 - 2405 DEL MAR AVENUE
AND 7701 -7713 GRAVES AVENUE
THIS SECO AMENDMENT to Undertaking Agreement is made and entered into this
1 7 Day of 1996, by and between the CITY OF ROSEMEAD, a municipal
corporation, hereinafter r rred to as "CITY" and RICHARD SIEN AND GRACE SIEN, husband
and wife and BILL LAU AND MARY LAU, husband and wife and TUNG -HWA CHANG AND
CHIOU JING -JIANG CHANG, husband and wife, hereinafter collectively referred to as
"CONTRACTOR ".
1. The parties hereto wish to amend the original agreement between the parties, dated
July 19, 1990, and First Amendment to Undertaking Agreement between the parties, dated June 22,
1993, true and correct copies of which are attached hereto, marked Exhibit "A" and Exhibit `B ",
respectively, and incorporated herein by this reference.
2. Paragraph "FIFTH" of the Undertaking Agreement is hereby deleted in its entirety and
replaced with.the following provision:
FIFTH: Contemporaneously with the execution of this Agreement, CONTRACTOR shall
file with the CITY a Irrevocable Letter of Credit in an amount of Six Hundred Four Thousand
Five Hundred Dollars ($604,500) to guarantee faithful performance all of the provisions
of this agreement and for the payment of all persons performing labor and furnishing materials
in connection with this agreement. If the Letter of Credit, in the opinion of the CITY,
becomes insufficient, CONTRACTOR agrees to renew said Letter of Credit within ten days
of receiving notice that said Letter of Credit is insufficient.
The first sentence of paragraph "FIRST of the Undertaking Agreement is hereby
amended to read as follows:
FIRST: The CONTRACTOR, for and in consideration of the approval of the final map of that
certain land division known as Tract Map No. 47192, hereby agrees, at the
CONTRACTOR'S sole cost and expense to furnish all labor, materials, and equipment
necessary to perform and complete, and within seventy two (72) months from June 26, 1991
(date of recordation of final map), to perform and complete in a good and workmanlike
manner, the following work, to wit:
4. Except as specifically amended by this SECOND AMENDMENT, the Agreement
(Exhibit "A" hereto) and First Amendment to Undertaking Agreement (Exhibit `B" hereto) between
the parties shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this SECOND AMENDMENT
on the date first written above.
ATTEST:
By: /�/ �— �/( //��i�0�c%c
C'ty Clerk --
CITY OF ROSEMEAD
IC FAi�
CONTRACTOR
I
[Single Form]
STATE OF C FORM pp
County of c — ICl L } ss.
On before me, the
personally appealed 41 ed ti ^,' �f n t C. n , J 041, �t (I v tA
Grace Sien
Bill Lau
a Notary Public in and for said
personally known to me (or proved to me on the basis of satistactory 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
WITNESS my hand and official seal. 1 7 r s x Zll79ES°ogs
— . NotarL Pudic in and for said County and Sum
EMILY K. CHEN
Commissiont1076817 Z
Z -43;
Notary Ptfollc — Copfomla Z j
'I
Los AngelesCotMy
e
My Comm. Expires Nov 6. IM
(Notar�'s name must be typed or legibly printed)
ORDER .
APN
WHEN RECORDED MAIL TO
Sew Grace Sien
e A° h °fe ' 724 Rodman Circle -
S.Uzp Monterey Park, CA 91754
L J
93 1 5 6477
CORDED /FILED It! FF!C! R ECORDS
RECORDER'S OFFICE.
LOS A NGELES D NiY
CALIFORNIA
4:41 PM NOV 20 1995
SP4Cd ABOVE 7rrrS LM FOR BECOBDFR'S
Power of Attorney - General
KNOW ALL MEN BY THESE PRESENTS-
t Tung -Hwa, Chang an d Chiou,Jing- Jiang, Chang, also known as Chiou J. J. Chang
has/have made, constituted and appointed, and by these presents do /dots hereby make, constitute and
appoint Grace Sien of the County of Los Angeles, State of California
my /our true and lawful Attomey(s) for me /us and An my lour name(s), place(s) and stead(s) to ask, demand,
... sue" for, recover, collect and receive all such sums of money, debts, dues, accounts, legacies, bequests,
interests, dividends, annuities, and demands whatsoever as are now or shall hereafter become due, owing,
payable, or belonging to the undersigned; and have, use, and take all lawful ways and means in the name
of the undersigned, or otherwise, for the recovery thereof, by legal process, and to compromise and agree
for the same, and grant acquittances or otb'er discbarges for the same, for the undersigned, and in
the name of the undersigned to make, seal, and di liver the same; to compromise any and all debts owing
by the undersigned; and to convey, transfer, and /or assign any property of any kind or character belonging
to the undersigned in satisfaction of any debt owing by us or either of us; and to bargain, contract, agree
for, purchase, receive, and take lands, renemems,, hereditaments, and accept the seizin and possession of all
lands, and all deeds, and other assurances in the law therefor; and to lease, let, demise, bargain, sell,
remise, release, convey, mortgage, convey in trust, and hypothecate lands, tenements, and hereditaments,
upon such terms and conditions, and under such covenants as said Attorney shall think fit; to exchange real
or personal property for other real or personal property, and TO execute and deliver the necessary
instruments of transfer or conveyance to consummate such exchange; to execute and dcbvcr subordination
agreements subordinating any lien, encumbrance or other nght in real or personal property to any other
lien, encumbrance, or other right therein; also to bargain and agree for, buy, sell, mortgage, hypothecate,
convey in trust or otherwise, and in any and every way and manner deal in and with goods, wares and
merchandise, chosen in action, and othcr property in possession or in action, including
POw tir Of A - Gener kaAdaued o+, +w. eW)
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authonty to utilize my eligibility for VA Guaranty; also to transfer, assign, and deliver S1OCk and the
certificate or certificates evidencing the ownership of the same; and to make, do, and transact all and
every kind of business of what nature and kind soever; and, also, for the undersigned and in the
name(s) and as the act and deed of the undersigned, to sign, scat, execute, deliver, and acknowledge
such deeds, covenants, leases, indentures, agreements, mortgages, deeds of trust, hypothecations,
assignments, bonomiics, charter parties, biUs of lading, bills, bonds, notes, receipts, evidences of debts,
releases, and satisfactions of mortgage, judgment and other debts, and such other instruments in writing,
of whatever kind of nature, as may be reasonable, advisable, necessary, or proper in the premises.
Each and all of the powers herein granted shall be exercised by said Attorney whether the
property affected be separate, community, or any other Icind of property, or whether now owned
or hereafter acquired.
Date 'Nov.. 14 1995
STATE OF CALIFORNIA
County of Los Angele }ss.
On " Nova 14 1995
WOW me, the undersigned, a Notary Public in and
for said State, personally appeared
Tung'�Rwa Chang and
Chou J. J. Chang
personally known to me (or 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 capaciry(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 an official se
i
ury Public in sad for sai Co wy and State
Giving and granting unto said Attorneys) fall
power and authority to do and perform all and
every act and thing whatsoever requisite and
necessary to be done in and about the premtses,
ns Mly to all intents and purposes as the
undersigo¢a: p;lggtr or" could do `it personally
present, *.the uadersioo hereby expressly
ratifying and confirming 01 that said Attorney
shall lawfull do or: cause To be done by virtue
of these presents.
wit, ch
Tung wa Chang
Chiou J.J. h
/NOTARY STAW OR SBALJ
(Notary's uame must be typed or legibly printed)
YU -HSIO KAO
(7 Conm. Bt 444J91
Own :Oy[Lle C.uPoRNU�
.w Nat.[t camvr n
95 1856477
Powor of Attorney
ORT 16S (1)941
Pare 2 of 2
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International
46ilshire Building
South Grand Avenue
Angeles. CA 9001 1--33 79
213 -666 -6600
1 13 -686 -6660
E. {'NO. l94M6,.1/ER1NTL LS4
�7 '111- ljC! 1
it�rc;ulili
ORIGINAL
STANDBY LETTER OF CREDIT NO. SL 97002
December 30, 1996
Mr. Fred Wickman
City Engineer
City of Rosemead
8838 E. Valley Blvd.,
Rosemead, ca. 91770
Gentlemen:
IMPROVEMENT, LABOR AND MATERIAL
SECURITY FOR TRACT MAP NO. 47192
At the request of Bill Lau, Mary Lau, Richard Sien, Grace Sien, Tung -Hwa Chang and Chiou Jing-
Jiang Chang, 220 S. First Street 9101 Alhambra, CA 91801 (hereinafter "Principal ") the
undersigned, American International Bank, 624 S. Grand Avenue Los Angeles, CA. 90017 -3379
(Hereinafter "Bank "), does hereby establish in favor of the CITY OF ROSEMEAD (hereinafter
"city ") this Irrevocable standby Letter of Credit No. SL97002 in the amount of US DOLLARS SIX
HUNDRED FOUR THOUSAND FIVE HUNDRED ONLY (USD604,500.00). This letter of Credit
is issued with respect of Principal's obligation to construct certain public works improvements
(hereinafter "Improvements ") on that certain real property in the City known as Northwest Corner
of Del Mar and Graves, Rosemead, California in accordance with the terms and conditions set forth
in the Subdivision Agreement dated this 11th day of July, 1989 executed between Principal and City.
Funds under this Letter of Credit are to be paid to City at sight upon City's presentment of drafts at
Bank's branch located at 624 S. Grand Avenue Los Angeles, CA. 90017 -3379 or at such other
branch of Bank designated in writing to City, stating that such drafts are "drawn under Irrevocable
standby Letter of Credit No. SL97002" and accompanied by a written statement signed by City'
Engineer or the Clerk of the City in one of the four following forms:
1. "The undersigned hereby certifies that there has been nonperformance of the duties or
obligations of Principal to construct the Improvement in accordance with the terms of the
Subdivision Agreement, and the amount of money required by City to pay all costs and
expenses related to such Improvement is The City hereby demands to draw
against the Letter of Credit the foregoing amount."
Page 1 of 3
.an�ntcaly
B P-M,1770NAL ii i
B.9ArK
International
So rh Grand Avenue
Angeles. CA 90017 -3379
213 -688 -8600
213- 688 -8680
EV NO. 194686.-t.41ERINTL LS9
M
ORIGINAL
STANDBY LETTER OF CREDIT NO. SL97002
2. "The undersigned hereby certifies that there have been negligent acts or omissions in the
performance of the duties or obligations of Principal to construct the Improvement in
accordance with the terms of the Subdivision Agreement, by Principal, its officers, employees
or agents, and the amount of money required by City to pay all costs and expenses related to
such negligence and the completion of the Improvements is . The City hereby
demands to draw against the Letter of Credit the foregoing amount.
•'
3. The undersigned hereby certifies that there has been nonperformance of the duties or
obligations of Principal to pay for labor and or materials furnished with respect to the
Improvements. The amount necessary to pay the contractors, subcontractors, laborers,
materialmen and other persons employed in the performance of the Improvements for
materials furnished or labor thereon is The City hereby demands to draw
against the Letter of Credit the foregoing amount
OR
4. "The undersigned hereby certifies that (a) the Bank's Letter of Credit No. SL97002
will expire in less than thirty (30) days from the date of this draw request, (b) the final
inspection and acceptance of the Improvements has not been made by the City, or was
inspected and accepted by the City less than one (1) year prior to such expiration date, and
(c) Principal has failed to obtain and deliver to the City a replacement Letter of Credit in
the amount of the Bank's Letter of Credit issued by a financial institution acceptable to
the City, with a term commencing on the expiration date of the Bank's Letter of Credit and
expiration on the date one (1) year from the date of the City's Letter of Credit No. SL97002
The city hereby demands to draw against the Letter of Credit in the amount of
Page 2 of 3
i
International
624 South Grand Avenue
LosAngeles. CA 9001 7-3379
TEL: 13 -688 -8600
FAX 213- 68R -8680
TELEV NO. 1946R6.4.17ERL4 LS4
ri �' - I 1' `'1I j
Uri "V0
ORIGINAL
STANDBYLETTER OF CREDIT NO. SL 97002
This Letter of Credit shall continue in force until the day of May 25, 1998 and shall thereafter
automatically renew for successive one (1) year periods unless the Bank notifies the City by Certified
mail at least sixty (60) days before the then - applicable expiration date that this Letter of Credit will
not be renewed.
This Letter of Credit shall be governed by, and construed in accordance with, the laws of the State
of California and, to the extent not inconsistent therewith, the Uniform Customs, and Practice for
Documentary Credits (1993 Revision), International Chamber of Commerce, Paris, France,
Publications No. 500:' _. .
Bank Expressly agrees that all drafts drawn under and in compliance with the terms of this Letter of
Credit shall be met with due honor upon presentation.
American International Bank
By:
Rosen ry C ang
AVP/Int'1 Operations Officer
By:
May Lo /Credit icer
Int'l Bankin roup
Page 3 of 3
International
{F7lshire Building
South Grand Avenue .
An¢ele.s. CA 9001; -3379
21.3-688 -8680
i NO. 194686 AifERINTL LS4
ORIGINAL
STANDBY LETTER OF CREDIT NO. SD 700 t
December 1996
City of Rosemead
8838 E. Valley Blvd.
Rosemead, CA 91770
Gentlemen:
Please consider this letter an instrument of credit pledging that US$22,500.00 (US Dollars Twenty
Two Thousand Five Hundred only) is deposited by Bill Lau, Mary Lau, Richard Sien, Grace Sien,
Tung -Hwa Chang and Chiou Jing -Jiang Chang at.220 S. First Street 4101 Alhambra, Ca 91801, as
Guarantee for payment for the;improvement securities on Tract/Parcel Map 47192 . In compliance
with Section No. 66497 of the government code, we are regulated by the Federal or State
government and agree that the funds designated by this instrument shall become a trust fund for the
purpose set forth in this instrument.
It is a condition of this Letter of Credit that it shall be deemed to be automatically extended without -
amendment for one (1) year from the present or any future expiration date hereof, unless at least sixty
(60) days prior to any such expiration date we shall notify you by registered mail that we elect not
to consider this Letter of Credit renewed for such additional one (1) year period. Notice hereunder,
shall be deemed to have been given when mailed to you by registered mail. Upon receipt of such.
notice you may draw on said Letter of Credit by means of your drafts drawn on us.at sight
accompanied by:
The beneficiary's written statement, signed by the City engineer stating that the amount of
this draft or a portion hereof is due and payable.
We hereby engage with the drawers, endorsers and bona fide holders that each draft drawn under and
in conformity with the terms and conditions of this Credit and accompanied by the above specified
documents will be duly honored if presented for negotiation at the above issuing office on or before
May 25, 1998.
May Lo /Credit fficer Rosemary hang/AVP
Int'l Banking roup Int'l Operati ns officer
MAYOR:
ROBERT W. BRUESCH
MAYOR PRO TEM:
JOE VASQUEZ
COUNCILMEMBERS:
MARGARETCLARK
JAY T. IMPERIAL
GARY A. TAYLOR
June 10, 1998
oscmcad
8838 E. VALLEY BOULEVARD! P.O. BOX 399
ROSEMEAD, CALIFORNIA 91770
TELEPHONE (626) 288 -6671
FAX (626) 307 -9218
Mr. Richard Sien and Mr. William Lau
220 S. First Street, #101
Alhambra. CA 91801
Re: Reduction of Bonds
Tract 47192, 2401 Del Mar Avenue
Dear Mr. Sien and Mr. Lau:
I have reviewed your request to reduce the amount of the surety bonds for the subject
tract, now that a majority of the future public improvements have been constructed.
Your request to reduce the bonds will be granted. The total release of the bonds will not
be allowed because the improvements have not be officially accepted by the City
Council, which will not occur until all improvements and have been constructed and
accepted by the City Engineer.
As we previously discussed, you will be required to continue to bond for the
improvements that still need to be constructed as well as for any damage that may
occur to the existing improvements as a result of the building construction activity.
The new bond amounts shall be $100,000 and $50,000 for Faithful Performance and
Labor and Material, respectively, or in the form of a new Letter of Credit in the amount
of $150,000.
This is based on the estimated cost of $100,000 for this work, as follows:
1. 0.15" AC Cap
225 tons @ $45 /ton
= $10,130
2. R &R 25% of Roadway
5,000 sf @ $35 /sf
= 70,000
3. R &R 10% of Sidewalk
610 sf @ $4 /sf
= 2,440
4. R &R 10% of curb /gutter
125 ft @ $15/ft
= 1.875
Subtotal
= $84,445
20% Contingency
= 16,889
Total
$101,334
June 10, 1998
Page 2 .
With the concurrence of the City Attorney, executing a new undertaking agreement will
not be necessary; however, except for the bond amounts, all other provisions of the
agreement shall remain in effect. Therefore, to reduce the amount of the surety, bonds
or a new letter of credit may be submitted to the City. The new surety will be
exchanged for the current Standby Letter of Credit issued by American International
Bank.
If you have any questions, please contact me at (626) 288 -6671.
Very truly yours,
CITY OF ROSEMEAD
Ken Rukavina,,P.E.
City Engineer
Copy: City Clerk
KJR:kr
1998/sub maps/47192 - -
0
L\T R M77
�vrERIV,97TO 'not n ^ { j r. n
re
BANK O 0 U Ul 14
International Bankinq Group ORIGINAL
64 Smah Grand.9nenue
LosAngeles. CA 9001- -33
TEL: 213- 688.8600
FAV. 213 -688 -86810
TElE1 "N0. 194 686.11;EAJ. \'TL LS9
STANDBY LETTER OF CREDIT NO. SL 97002
December 30, 1996 IMPROVEMENT, LABOR AND MATERIAL
SECURITY FOR TRACT MAP NO. 47192
Mr. Fred Wickman
City Engineer
City of Rosemead
8838 E. Valley Blvd.,
Rosemead, ca. 91770
Gentlemen:
At the request of Bill Lau, Mary Lau, Richard Sien, Grace Sien, Tung -Hwa Chang and Chiou Jing-
Jiang Chang, 220 S. First Street 4101 Alhambra, CA 91801 (hereinafter "Principal ") , the
undersigned, American International Bank, 624 S. Grand Avenue Los Angeles, CA. 90017 -3379
(Hereinafter "Bank "), does hereby establish in favor of the CITY OF ROSEMEAD (hereinafter
"city") this Irrevocable standby Letter of Credit No. SL97002 in the amount of US DOLLARS SIX
HUNDRED FOUR THOUSAND FIVE HUNDRED ONLY (USD604,500.00). This letter of Credit
is issued with respect of Principal's obligation to construct certain public works improvements
(hereinafter "Improvements") on that certain real property in the City known as Northwest Comer
of Del Mar and Graves, Rosemead, California in accordance with the terms and conditions set forth
in the Subdivision Agreement dated this 11th day of July, 1989 executed between Principal and City.
Funds under this Letter of Credit are to be paid to City at sight upon City's presentment of drafts at
Bank's branch located at 624 S. Grand Avenue Los Angeles,,CA. 90017 -3379 or at such other
branch of Bank designated in writing to City, stating that such drafts are "drawn under Irrevocable
standby Letter of Credit No. SL97002" and accompanied by a written statement signed by City
Engineer or the Clerk of the City in one of the four following forms:
"The undersigned hereby certifies that there has been nonperformance of the duties or
obligations of Principal to construct the Improvement in accordance with the terms of the
Subdivision Agreement, and the amount of money requ The City hereby t
demall cos and draw
expenses related to such Improvement is Y Y
against the Letter of Credit the foregoing amount."
Page 1 of 3
an�Eluc
IMERNA770NAL
_—
BANK
International B
624 South Grand Avenue
Los Angeles. CA 9001' -3379
TEL: 213- 688 -8600
F 213 -688 -8680
TELFV N0. 194686 A41EPJNTL LS4
M
ORIGINAL
STANDBY LETTER OF CREDIT NO. SL97002
2. "The undersigned hereby certifies that there have been negligent acts or omissions in the
performance of the duties or obligations of Principal to construct the Improvement in
accordance with the terms of the Subdivision Agreement, by Principal, its officers, employees
or agents, and the amount of money required by City to pay all costs and expenses related to
such negligence and the completion of the Improvements is . The City hereby
demands to draw against the Letter of Credit the foregoing amount.
N.
3. The undersigned hereby certifies that there has been nonperformance of the duties or
obligations of Principal to pay for labor and or materials furnished with respect to the
Improvements. The amount necessary to pay the contractors, subcontractors, laborers,
materialmen and other persons employed in the performance of the Improvements for
materials furnished or labor thereon is . The City hereby demands to draw
against the Letter of Credit the foregoing amount.
e
4. "The undersigned hereby certifies that (a) the Bank's Letter of Credit No. SL97002
will expire in less than thirty (30) days from the date of this draw request, (b) the final
inspection and acceptance of the Improvements has not been made by the City, or was
inspected and accepted by the City less than one (1) year prior to such expiration date, and
(c) Principal has failed to obtain and deliver to the City a replacement Letter of Credit in
the amount of the Bank's Letter of Credit issued by a financial institution acceptable to
the City, with a term commencing on the expiration date of the Bank's Letter of Credit and
expiration on the date one (1) year from the date of the City's Letter of Credit No. SL97002
The city hereby demands to draw against the Letter of Credit in the amount of
Page 2 of 3
IATE IC9N
L7�7'ERAC9770T'.AL
International
South Grand.,cenue -
Angeles.CA 9001' -B379
213- 683 -8600
': ?li -6FF -680
EVY0. 1946r6.tLVEAINTL LS9
v `.: it .r-t
ORIGINAL
STANDBYLETTER OF CREDIT N0. SL 9 7002
This Letter of Credit shall continue in force until the day of May 25, 1998 and shall thereafter
automatically renew for successive one (1) year periods unless the Bank notifies the City by Certified
mail at least sixty (60) days before the then - applicable expiration date that this Letter of Credit will
not be renewed.
This Letter of Credit shall be governed by, and construed in accordance with, the laws of the State
of California and, to the extent not inconsistent therewith, the Uniform Customs, and Practice for
Documentary Credits (1993 Revision), International Chamber of Commerce, Paris, France,
Publications No. 500.
Bank Expressly agrees that all drafts drawn under and in compliance with the terms of this Letter of
Credit shall be met with due honor upon presentation.
American International Bank
B
Roserritiry C ang
AVP /Int'l Op Officer
By: d✓
May Lo /Credit cer
Int'l Bankin roup
Page 3 of 3
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Yes:
Vasquez, Taylor, Bruesch, Clark, Imperial
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
IV. CONSENT CALENDAR (Items CC -A, CC -C, and CC -D were pulled for discussion
purposes)
CC -B AUTHORIZATION FOR ROSEMEAD STAR DEPUTIES TO ATTEND
THE CALIFORNIA NARCOTICS OFFICER'S ASSOCIATION
TRAINING INSTITUTE, NOVEMBER 17-20,2001, MONTEREY
,0;;CC -E RELEASE OF BONDS — TRACT 47192 —2401 DEL MAR AVENUE
CC -F ACCEPTANCE OF WORK FOR REMOVAL AND REPLACEMENT OF
STREET TREES ON MARYBETH AVENUE (MARSHALL /OLNEY)
CC -G REQUEST TO EXTEND "NO PARKING" CURB AT 8657 GRAND
AVENUE — CALIFORNIA AMERICAN WATER COMPANY
CC -H PURCHASE OF PATRIOTIC BANNERS FOR VALLEY BOULEVARD
AND GARVEY AVENUE STREETLIGHT POLES
MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN VASQUEZ
that the Council approve the aforementioned items on the Consent Calendar. Vote resulted:
Yes:
Bruesch, Taylor, Imperial, Clark, Vasquez
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
CC -A ACCEPTANCE OF PARCEL MAP 26081 — 9427 PITKIN STREET
Councilman Taylor asked when a property owner dedicates land, what is the procedure in
transferring it to the City?
Ken Rukavina, City Engineer, responded that when the final map is recorded by the
County Recorder's office, the dedication is then reflected on the County Assessor's records for
that parcel and becomes a legal document.
CCMIN:10 -9 -01
Page 43