CC - Item 4B - Release of Bonds - Tract Map No. 51544 - 8445-8463 Mission Dr S E
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TV! Stafp0rt
TO: FRANK G. TRIPEPI, CITY MANAGER ! )
FROM: FRED WICKMAN, CITY ENGINEER L✓
DATE: APRIL 1, 1997
RE: RELEASE OF BONDS - TRACT MAP NO. 51544
8445-8463 MISSION DRIVE
At the December 13, 1994 meeting of the City Council a substitute performance was
accepted to guarantee the completion of the remaining items of work required for the
development of the subject tract map. The work to be completed consisted of resurfacing
of the sanitary sewer trenches and setting of the tract map survey monuments. The total
amount submitted for the remaining improvements was $10,000.00.
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. 51544.
Attachment
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rptcty\tm51544.bnd
COUNCIL AGENDA :
APR. 0 81997
ITEM No. .L1 U--W-.8
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C
CITY OF ROSEMEAD
UNDERTAKING AGREEMENT
THIS AGREEMENT made and entered this 13th day of December, 1994, by and
between the CITY OF ROSEMEAD, State of California, acting by and through its
City Council, hereinafter referred to as "CITY" and
Dolly C. Leong, or Stanley S. Leong, or Daw H. Shwe
(NAME)
9554 E. Ralph Street, Rosemead, CA 91770
(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. 51544 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 remaining sewerage facilities, and setting of survey
monuments and all related facilities.
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 $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 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 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 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. If the Sureties on
said Bond, in the opinion of the CITY, become insufficient, CON TRACTOR 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 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
C
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 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 •• ' . 4J
7 President
By .
Secretary
•
(Seal) •
Note:
SIGNATURES MUST BE ACKNOWLEDGED
BEFORE A NOTARY PUBLIC.
-(ATTACH APPROPRIATE ACKNOWLEDGEMENTS)
By ),
Mayor
of the City of Rosemead
Attest
City Clerk
• of the City of Rosemead
c:\..agree\tm51544
\\\\ ASSIGNMENT AS SECURITY
•
FOR PAYMENT OF ALL BILLS, STATEMENTS OR CHARGES FOR ANY SERVICES
ASSIGNMENT to STANLEY SEAN LEONG AND DOLLY C LEONG
sswhose principal address is 9554 RALPH ST(Name of AROSEMEAD, CA 91770 ,
(Street Address) (City) (State) (Zip Code)
hereinafter called ASSIGNOR, do (does) hereb'• assign and:set over the amount of $ 10 , 000 . 00
in insured Account No.027-099247-2 at the HOME SAVINGS OF AMERICA
(Name of Savings and Loan Association)
, whose address is 401 E. VALLEY BLVD.
ALHAMBRA, CA 91801 (Street Address)
(City) , and all right, title and interest of whatever nature
(State) (Zip
thereto to the CITY OF ROSEMEAD Code)
whose address is 8838 VALLEY BLVD. , (Name of Assignee) '
ROSEMEAD, CA 91770
(Street Address) (City) (State) ,
hereinafter referred to as the ASSIGNEE. The accountbook, or other evidence of account is delivered herewith.
Assignor agrees that this assignment carries with it the right in the insurance of the account by the Federal Sav-
ings and Loan Insurance Corporation and gives the right to the Assignee to redeem, collect and withdraw the
assigned amount of such account at any time WITHOUT NOTICE TO ASSIGNOR. This assignment is given as
security for the payment of all bills, statements or charges for any services furnished or rendered at any time from
and after 12 07 , 19 94, and at anand all
(Month) - (Day) Y apremises at which service has been or
may be ordered or contracted for by the Assignor.
Assignor hereby notifies the above-named Savings and Loan Association of this assignment. •)
ti
Fcic; Dated this 07th day of DECEMBER 19 94 at ALHAMBRA
T• -r515-itir -� �} I/� (� n A •
California.r10 r i m 6rr,r• Se ffi . 0 /: / CG" 'J N� \` � f'
it cofat 544.1" - ' / CG //// (Ass' nor)
FIRST ENDORSEMENT — RECEIPT FOR NOTICE OF ASSIGNMENT
Receipt is hereby acknowledged to the Assignee above of written notice of the assignment in the amount of
$ 10, 000 . 00 to said Assignee of the account identified above. We have noted in our records the
Assignee's interest in said account as shown by the above assignment and have retained a copy of this sheet. We
certify that we are holding the assigned amount and have received no notice of any lien, encumbrance, hold,
claim, or obligation of the above-identified account prior to the assignment above. We agree to make payment to
the Assignee upon written request in accordance with the savings and loan laws applicable to this association.
Dated this 07th day of DECEMBER 19 94at ALHAMBRA
HOME SAVINGS OF AMERICA California.
4 01 E E. VALLEY �I� D
(Name Savings and Loan Association)
y �-? ) ALHAMBRA, CA 91801
eet A &-' (City)
By =. y (State)e SAVINGS(ZCOUNSELOR II
(Signature of Offic- - Title
- .nd Loan Association)
SECOND ENDORSEMENT — RECEIPT FOR SECURITY AND DIRECTION TO PAY EARNINGS
Receipt is acknowledged of the above assignment and the account identified in the above assignment. The
savings and loan association named in the above assignment is hereby authorized and directed to pay any earn-
ings on the above-identified account to the above-named assignor so long as sufficient funds remain on deposit to
pay the assigned amount.
Dated this 7th day of December 19 94 at Rosemead
, California.
^City of Rosemead 1
By �� / z 1 Assignee/ jt-..i.-/— �G�'�-�C
By �/
Distributed by the California League of Savings Institutions,Los Angeles,California—7/81
C C,
• rr AMER /
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. ao;ie,071`1.- -.4:4'A‘\%4\
•
}
STATE OF CALIFORNIA }ss:
COUNTY OF LOS ANGELES }
On DECEMBER 7, 1994 , before me, AMY P. MARCELO, NOTARY PUBLIC, ,
personally appeared **DOLLY C. LEONG**** •
, 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 instrument.
WITNESS my hand and official seal.
Signature
•
rAMYP.MAEI
!.-
LO
. COMM.#997460
z • ; Notary Public—California
•. _'3� LOS ANGELES COUNTY
My Comm.Expires JUN 16.1997
(This area for official notarial seal)
•
Title of Document **UNDERTAKING AGREEMENT****
Date of Document **12-13-94** No. of Pages *5*
Other signatures not acknowledged** MAYOR/ CITY CLERK**
•
• 3008 (1,94) (General)
First American Tine Insurance Company '
•
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Account Number
D ATE CI t1
12-07 ;71.7;7-07,A:L94 I 0, r; 7
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6 500,
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DATE NITHDR A4 ALS 1 S.TEREST I DEPOSITS r F %1
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Account Number
SAVINGS CERTIFICATE
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TYPE 1
:ST41-iLEY EE'71N 1 Fflt,-.; Ci; I'Cii Y C i?7412 al:NT
This certifies that __ . .
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;tNI:INTS 474 RIGi-;T 5= 9LiRVVRWY
holds a savinos deposit in Home Savings of America FSB. subject to its Charter and By Laws.
as well as applicable federal and state lay6s, ruies, and regulations ana to the rJIes and
regulations established by its Board of Direc:ors to-this depot classification consistent with
said Charter,By-Laws,rules.regulationsand laws.
If this account is issued to and held by a natural Person, it;s transferable°my on:1e books of
Home Savings of America FSB.
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