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CC - Item 4C - Release of Bond - Parcel Map 71294 at 9223 Rose StreetROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGER DATE: MARCH 26, 2013 SUBJECT: RELEASE OF BOND — PARCEL MAP 71294 (9223 ROSE STREET) SUMMARY A faithful performance bond was included in the conditions of approval of Tentative Parcel Map 71294 to ensure the completion of required public works improvements. The required improvements consisted of constructing sewer laterals and a driveway, the planting of two (2) parkway trees, and the relocation of a water meter. The subdivider provided a faithful performance bond totaling the amount of $19,580.00. The required improvements have been completed to the satisfaction of the Public Works Department. Staff Recommendation It is recommended that the City Council: 1. Accept the completed public improvements, and; 2. Authorize the release of the faithful performance bond, in the amount of $19,580.00. ANALYSIS In accordance with the conditions of approval for Tentative Parcel Map No. 71294, approved by the Rosemead Planning Commission, the subdivider was required to construct sewer laterals and a driveway, the planting of two (2) parkway trees, and the relocation of a water meter subsequent to the recordation of the parcel map. On March 27, 2012, the subdivider executed an undertaking agreement (Attachment A) to guarantee the completion of the public improvements. The subdivider, Phat Ky Ton, provided a faithful performance bond in the amount of $19,580 to satisfy these requirements. The necessary improvements have been completed to the satisfaction of the Public Works Department. PUBLIC NOTICE PROCESS The item has been noticed through the regular agenda notification process. Submitted By: Chris Marcarello Director of Public Works Attachments: A. Undertaking Agreement B. Subdivision Improvements Performance Bond C. Recorded Map MM Na. � CITY OF ROSEMEAD UNDERTAKING AGREEMENT THIS AGREEMENT made and entered this day of / ' _ , 20kby and between the CITY OF ROSEMEAD, State of California, acting by and through its City Council, hereinafter referred to as "CITY" and f NAT (NAME) - Z3 TZa S c- S i 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 71294 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: Remove existing driveway approach, new driveway approach, sewer clean out, construct sewer laterals, curb drain, relocate water meter, and two 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 $13,053. 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 the amount of Nineteen Thousand -Five Hundred Seventy Nine Dollars and Fifty Cents ($19,579.50), equal to 150% of the estimated improvement cost, to guarantee faithful performance of all the provisions of this agreement and for the payment of all persons performing labor and furnishing materials in connection with this agreement. 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 underthis 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. SARAN S AN.WU CQMt14 41822127 z Nolafy Puofic- calif9mia O Los Angeles countyi f; Ay Comm. tz Tres Nov. 27 2012 (Seal) Note: B y TIka� 4 / V, m SIGNATURES MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC. (ATTACH APPROPRIATE ACKNOWLEDGEMENTS) By: �k� Ste y, Mayor City of Rosemead Attest: oria Molleda, City Clerk City of Rosemead 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. ;YAW CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT Nttafe of Cali ornia 1 County of 0 P J On �2 before me, [Date] [Name of NotaryRiblic and Title °Notary Public'] personally 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. 1 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 seal. % SARAN SHA1V WU b comm. #1822127 z Notary Public - California o Los Angeles County .Cbw. lK "ires Nov. 27, 2012 Signature (seal) AT, T1R,V1—VD74ATT1"1,AT* 4G-0Q� INSCO INSURANCE SERVICES, INC. insc Underwriting Manager for: �p Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch, Suite 200 •. Irvine, California 92614 • (949) 263 -3300 BOND NO. 351327S $ 587.00 p remium is for a tern of Two year(s) SUBDIVISION IMPROVEMENTS PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, Phat Ky Ton , as Principal, and Indemnity Company of California a corporation organized and doing business under and by virtue of the laws of the State of California and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto City of Rosemead as Obligee, in the surn of Nineteen Thou Five Hu ndred E ighty and NO /1 00 truly to be made, we bind ourselves, our ($ 19,580.OU ) Dollars, for which payment, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS, the above named Principal, as a condition of the filing of the final subdivision map of (TracL/Pareel) Map No 7 1294 entered into an agreement or agreements with said Obligee to complete the improvements specified in said agreement or agreements. NOW THEREFORE, the condition of this obligation is such, that if the above Principal shall well and truly perform said agreement or agreements during the original term thereof or of any extension of said term that may be granted by the Obligee with or without notice to the Surety, this obligation shall be void, otherwise it shall remain in full force and effect. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at 500 N. Brand Blvd. #1120 Glendale, CA 91723 California, this 7th day of February 2012 YEAR "PRINCIPAL" Phat Kv Ton SURETY" Indemnity Company of California "4 - 41L , Kathy Youmans Attorney -in -Fact ID -1266 (CA) (REV. 1/01) CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of LOS ANGELES J B Tr 20' On before me, DEBRA K BELL NOTARY PUBLIC ' Date - Here Insert Name and Title of the Officer personally appeared KATHY YOUMANS Names) of Signer(s) (DEBRA K. BELL Commission # 1948391 ¢ • s - Notary Public - California n Z - Los Angeles County My Comm. Expires Aug 15, 2015 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 correct. Witness my ��I a / qd off' 'al seal. Signature Place Notary Seal Above Signature of Notary 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 Number of Pages: Signer(s) Other Than Named Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate officer —Title(s):— ❑ Partner— ❑ Limited ❑ General 9 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 2007 National Notary Association • 9350 Be Solo Ave.. P.O. Box 2402 • Chalsmdh, CA 91313 -2402 • v .NabonalNolao,org Ilem %5907 Reorder Call Tall -Free 1- 300 -a]0 -0821 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263 -3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: ** *Debra Bell, Kathy Youmans, Jerry Schumacher, Gerald L. Ervin, jointly or severally * ** as their two and lawful Altomey(s) -in -Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Allorney(s) -in -Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection [herewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s) -in -Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice - President, Senior Vice- President or any Yce President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorney(s) named in the Power of Attorney to execute, on behalf of [he corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Aeemey or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF their respective officers and attested by their respective Secretary or Assistant Secretary this October 41h, 2011. By: : Daniel Young, Senior Vice- President ;''�5 OR OCT, S /� 10 By. a 1936 - Steve A. Tvedt, Vice- President State of California County of Orange ,ALIFORNIA have severally caused these presents to be signed by O MPANYp� ��G y, Z OCT. S rQyT �i 196i � On October 42011 before me, Antonio Alvarado Notary Public Date Here Insert Name and Title of the Officer personally appeared (oung and Steve A, Tvedt Name(s) of Signer(s) The undersigned, as Secretary orAssistanl Secretary of DEVELOPERS SURETYAND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full fora and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Cerfifcate is executed in the City of Irvine, California, this day of �ry y qry ry 9•� L11�4 By: Gregg Oku sistant Secretary ID- 1380(Rev.10111) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helsheflhey executed the same in hislherltheir authorized _ ANTONIO ALVARADO l�, capacity(ies), and [hat by hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of I which the person(s) acted, executed the instrument. COMM. N 186064.9 NOTA RNIA 3 a I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ORANGE COUNTY VO A S f My comm. exp Au 9, 2013 I true and correct. WITNESS my hand and official seal. 6 4 a lw � - Place Notary Seal Above Signature Antonio Alvarado, Notary Public CERTIFICATE The undersigned, as Secretary orAssistanl Secretary of DEVELOPERS SURETYAND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full fora and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Cerfifcate is executed in the City of Irvine, California, this day of �ry y qry ry 9•� L11�4 By: Gregg Oku sistant Secretary ID- 1380(Rev.10111)