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CC - Item 4E - Release of Bonds - Tract Map No. 51299 3122-3134 Bartlett Ave 1 0 S M O 1.j R 9 �J. E o y,f 417 :� staqp0 f. TO: FRANK G. TRIPEPI, CITY MANAGER FROM: FRED WICKMAN, CITY ENGINEER c)/ (4 ) DATE: MAY 6, 1997 RE: RELEASE OF BONDS -TRACT MAP NO. 51299 3122 - 3134 BARTLETT AVENUE A Faithful Performance Bond and a Labor and.Material Bond was required to guarantee construction of street improvements, sewerage facilities, and setting of survey monuments, required for the development of the subject tract map. The total amount submitted to ensure the required improvements was $73,492.50. The City Engineer has inspected the improvements and has found them to be installed satisfactorily. Attached are the undertaking agreement, required surety, and a map which indicates the location of the tract. RECOMMENDATION It is recommended that the City Council : 1. Accept the public improvements. 2. Release the bonds for the public improvements for Tract Map No. 51299. Attachment FW:fw rptcty\tm51299.bnd COUNCIL AGENDA MAY 131997 ITEM No.- -- • �_E r CITY OF ROSEMEAD UNDERTAKING AGREEMENT 244 THIS AGREEMENT made and entered this 9 day of -'4 i1' ' 19914, by and between the CITY OF ROSEMEAD, State of California, acting by and through its City Council, hereinafter referred to as "CITY" and Tom Lee9444c.• (NAME) 1807-A S. San Gabriel Boulevard, San Gabriel, CA 91776 (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 Map No. 51299 hereby agrees, at the CONTRACTOR'S own J 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 sewerage facilities, Street Improvements and all related facilities per approved plans on file in the City Engineer's office, and setting of all survey monuments as shown on said Tract Map No. 51299 . c c 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 Engineer of the CITY. The estimated cost to do all work and furnish all materials necessary to complete the work is $72,231. 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 perfor- mance of this agreement, or arising out of the use of any patent or patented article, in the performance of said agreement. { c (7 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 for the Faithful Performance of this agreement and at least fifty percent of the estimated cost of this work for Labor and Materials. If the Sureties on said Bond, in the opinion of the CITY, become insufficient, CONTRACTOR agrees to renew said Bonds with good and sufficient Sureties 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 insure its completion within the time specified, or within such extensions of said time as have been granted by the City c c 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 under this contract, said extension may be granted by the City Council, either at its own option, or upon request of the C C CONTRACTOR, and shall in no way affect the validity of this contract or release the Surety or Sureties on 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 9/14itC21 President By Secretary (Seal) Note: SIGNATURES MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC. (ATTACH APPROPRIATE ACKNOWLEDGEMENTS) By _Adio1: �- or of he City.f Rosemead Attest c� -�Aleb � City Clerk of the City of Rosemead c: \ . .agree\tm51299 (. (". CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 (rJlfl�ll..�Jllfll�lJJJlflll./llllJ11�lllllJJ./1l.�JJ.rl":0 �llJllllJllllllJlll� State of o County of NOn COQ /7/ /99i before me, n(---ex--z---\ 4--/-d- e-e-e'----fri DATE NAME,llEgE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC 1 tipersonally appeared ��-e_.- , l NAME(S)OF SIGNER(S) 11 ❑ personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are 0 subscribed to the within instrument and ac- S knowledged to me that he/she/they executed N • the same in his/her/their authorized capacity(ies), and that by his/her/their ,S. • signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. k t- -'•o NANCYV#*LDERRAMA } ..,' 191.) COMM.#1043sn 0 tt •�-- .�.;.: Notary _� WITNESS my hand and official seal. `I :�,� Loa ANGELES courvrY 1 ( My Comm. OCT 3o,194el'.") +i 0 l �/ SIGNATURE OF NOTARY 0 S. 1 t OPTIONAL 4- • Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent r. t fraudulent reattachment of this form. (i i) CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 1 ❑ INDIVIDUAL - . - t, } ❑ CORPORATE OFFICER (% (. aj TITLE OR TYPE OF DOCUMENT ;,:) TITLES) '1 5 ❑ '_� PARTNER(S) ❑ LIMITED c,r 1� ❑ GENERAL .?i ❑ ATTORNEY-IN-FACT NUMBER OF PAGES .1 ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR .a ❑ OTHER: 'r} DATE OF DOCUMENT • _, SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE :,, ..--- laLY� 1d�1lJrlllllflll,.J11rfl�rJ0rl.ry�rllrlJllll.�1l./rfylll�lll���lllf ©1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 (7 F RST TERM PREP.MU!► F!” r. FAPA Zn SUBDIVISION BOND FAITHFUL PERFORMANCE - PUBLIC WORK BOND NUMBER 3SM 883 397 00 PREMIUM: $1, 470 . 00 AMERICAN MOTORISTS INSURANCE COMPANY 7470 N. FIGUEROA ST. , LOS ANGELES, CA 90041 ( 213 ) 257-8291 KNOW ALL MEN BY THESE PRESENTS : That TOM Y. LEE & CHANG HWA LEE as Principal , • and the AMERICAN MOTORISTS INSURANCE COMPANY, a corporation or- ganized and existing under the laws of the State of Illinois and authorized to transact surety business in the State of CALIFORNIA, as Surety • are held and firmly bound unto CITY OF ROSEMEAD in the sum of FORTY EIGHT THOUSAND NINE HUNDRED NINETY FIVE AND NO/100THS Dollars ( $48 , 995 . 00 ) , for the payment whereof, well and truly to be made , said Principal and Surety bind themselves , their heirs , adminis- trators , successors, and assigns, jointly and severally, firmly by these presents . THE condition of the- foregoing obligation is such that, whereas the above- bounden Principal has entered into a contract/agreement, dated // , with the Obligee to do and perform the following work, to wit : TRACT/PARCEL MAP NO. -51299 STREET, SEWER & MONUMENTS IMPROVEMENTS AT 3122 - 3134 BARTLETT AVENUE. NOW, THEREFORE, if the above-bounden Principal shall well and truly perform the work contracted to be performed under said contract, then this obligation shall be void; otherwise to remain in full force and effect . SIGNED, SEALED, DATED: July 24 , 1995 TOM Y. LEE & CHANG HWA LEE Principal By : AMERICAN MOT '. S S INSURANCE COMPANY Surety By: D ,,_DDLE A orney In Fact • State of California County of Los Angeles On JUL 241995 before me, KD WaDato, Notary Public, NAME,TITLE OF OFFICER personally appeared David Z. Noddle NAME OF SIGNER ®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 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 .•0.....004....011160000,.....004100 • KD WAPATd instrument. COMM. #'1032903 R i L9•. NOTARY PUBLIC-CALIFORNIA s WITNESS myhand and official seal: LOS ANGELES COUNTY 2 • •-, My Comm.Expires July 24, 1938 : ; ) 041-0 `(SIGNATURE OF NOTARY) OPTIONAL • Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL I: 0ND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES 13 ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR CI OTHER: JUL 241995 DATE OF DOCUMENT • SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE C. SUBDIVISION BOND BOND NUMBER: 3SM 883 397 00 LABOR & MATERIAL/PAYMENT AMERICAN MOTORISTS INSURANCE COMPANY SUBDIVISION BOND • KNOW ALL MEN BY THESE PRESENTS: • That we,TOM Y. LEE & CHANG HWA LEE as Principal , and AMERICAN MOTORISTS INSURANCE COMPANY, as Surety, are held and firmly bound unto CITY OF ROSEMEAD as Obligee, in the sum of TWENTY FOUR THOUSAND FOUR HUNDRED NINETY SEVEN AND 50/100THS ( $ 24 , 497 . 50 ) , lawful money of the United States , for the payment of which sum well and truly to be made, We bind ourselves jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That, Whereas , said Principal has entered into a Subdivision Agreement with the Obligee, dated XX/XX/19XX, in which said Principal agrees to construct designated public. improvements , as follows : TRACT/PARCEL MAP NO. 51299 STREET, SEWER & MONUMENTS IMPROVEMENTS AT 3122 - 3134 BARTLETT AVENUE. and, as a condition of approving said Subdivision, the Principal is required to give a Labor and Material Payment Bond as herein provided. NOW, THEREFORE, if said Principal or and contractor or subcontractor fails to pay for any materials , provisions , or rented equipment used in, upon, or for or about the construction of the public improvements or performance of the work to be done, or any work or labor done of any kind, in or on such improvements , said Surety will pay the same in an amount not exceeding the sum set forth above. This bond shall inure to the benefit of the contractor , his subcontractors , and to persons renting equipment or furnishing labor & materials to them for the improvements . Signed and sealed on JULY 24 1995 . TOM Y . LEE & CHANG HWA LEE Principal Bv: AMERICAN MOTO INSURANCE COMPANY Bv : DAVID /NOD Att •eT n-Fact Please direct all correspondence to: Lou Jones & Associates P .O. Box 4.1375 Los Angeles , CA 90041 State of California County of Los Angeles On JUL 241995 before me, KD Wapato, Notary Public, NAME,TITLE OF OFFICER personally appeared David Z. Noddle NAME OF SIGNER ®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 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 KD WAPATO : instrument. ; ,,p,,:. a COMM. #1032903 S : , 0i. NOTARY PUBLIC-CALIFORNIA S 2 � LOS ANGELES COUNTY 2 WITNESS my hand and official seal: : y4 - My Comm.Expires July 24, 1998 l 1dl " 1*WI . GAT RE OF NOTARY) OPTIONAL • Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) • ❑ PARTNER(S) 0 LIMITED 0 GENERAL NUMBER OF PAGES ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) O GUARDIAN/CONSERVATOR JUL 24 1995 O OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE • =Iona ICempeR insuRance MIMES AMERICAN MOTORISTS INSURANCE COMPANY Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint David Z. Noddle of Los Angeles, California AAAAAAAAAA its true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1997, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertakin exceeds TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000.00)4%•%•%•%•%•%•%•%• EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1997. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: ^VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 01 day of January , 1994 . Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY /dPi f u auon 2 ;2— 1"--1Tr- W. A_ Grauzas, S 5 tary by J. S. Kemper, III, Exec.Vice President (OVER.) STATE OF ILLINOIS SS • COUNTY OF LAKE I, Irene Klewer, a Notary Public, do hereby certify that J. S. Kemper, III and W. A. Grauzas personally known to me to be the same persons whose names are respectively as Exec. Vice President and Secretary of the American Motorists Insurance Company, a Corporation of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and del' d the said instrument as the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth. My commission expires: 1-28-98 A A A.A A A.A.AA A.A.A A. Irene Klewer, Notary Public 4 "OFFICIAL SEAL" ► 4 Irene Klewer ► • 4 Notary Public,State of Illinois ► 4 My Cammisslon Expires 1/2B/98 ► • wv•V'VVV'VVVVVVV CERTIFICATION I, N. J. Zarada, Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power of Attorney dated January 01, 1994 on behalf of the person(s) as listed on the reverse side is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said J. S. Kemper, III and W. A. Grauzas who executed the Power of Attorney as Exec. Vice President and Secretary respectively were on the date of the execution of the attached Power of Attorney the duly elected Senior Vice President and Secretary of the American Motorists Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the American Motorists Insurance Company on this day of .JUL '1995 , 19 • �: \-71024-Aleta) N.J.Zarada, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the Company except in the manner and to the extent herein stated. FM 836-5 6-92 1M PRINTED IN U.S.A. Power of Attorney - Term F< tI.I1ANIt III AY I` _ • • I " ' "^ S IIEH < AY $ II NCk ' AV , e n r I�j minim_ IW IDD ,I,I ,p0 • /.,1 - ..-, SAV F Oil ZT�11-- STEMS AY.' I ryec, <Cs 7 ,. 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