CC - Item 4G - Release of Cash DepositE
ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: OLIVER CHI, INTERIM CITY MANAGER l7`^t.Fr~
DATE: FEBRUARY 12, 2008
SUBJECT: RELEASE OF CASH DEPOSIT -TRACT MAP 54046
5016 EARLE AVENUE
SUMMARY
A Faithful Performance Bond and a Labor and Material Bond were required to
guarantee construction of curb and gutter, sidewalk, driveways, and survey monuments
for Tract Map 54046. In lieu of bonds, a cash deposit was provided , to the City in the
amount of $ 49,350.
Staff Recommendation
Staff recommends that the City Council accept the public improvements and release the
cash deposit.
ANALYSIS
In accordance with the Conditions of Approval for Tentative Tarcel Map No. 54046
approved by the Rosemead Planning Commission on June 17, 2002, the subdivider is
required to construct curb and gutter, sidewalk, driveways, and survey monuments
subsequent to recordation of the tract map. On March 18, 2003, the subdivider
executed an Undertaking Agreement (Attachment A) to guarantee completion of the
public improvements within two years. In lieu of providing a Faithful Performance Bond
and Labor and Material Bond, the subdivider provided a cash deposit in the amount of $
49,350. The City Engineer has inspected the improvements and found them to be
satisfactory.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared by:
e Wang, E.
City Engineer
APPROVED FOR CITY COUNCIL AGENDA: I
0
City Council Meeting
February 12, 2008
Paqe 2 of 2
y:
Sgrli~
BAssistant City Manager
Attachment A: Undertaking Agreement & Receipt of Cash Deposit
CITY OF ROSEMEAD
UNDERTAKING AGREEMENT
THIS AGREEMENT made and entered this I . day of C I~ 2003, by and between
the CITY OF ROSEMEAD, State of California, acting by and through its City Council,
hereinafter referred to as "Crrr and
t2~s C MC2-- pr .
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 54046 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:
Miscellaneous public right-of-way improvements including curb, gutter, sidewalk, driveways and
survey monuments.
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
$32,900
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 officer`
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. 3
Cor/,
FIFTH: It is further agreed that the CONTRACTOR has filed with the CITY a Be Koster.,
cf Deposit in an amount equal to $49,350.00 (Forty Nine Thousand Three Hundred and Fifty
Dollars) to guarantee faithful performance of all the provisions of this Agreement and for the
payment of all persons performing labor and furnishing material in connection with this
agreement. If the Certificate of Deposit, in the opinion of the CITY, become insufficient
CONTRACTOR agrees to replenish said Certificate of Deposit within ten (10) days of the
receiving notice that said Sureties, are insufficient.
SIXTH: If the CONTRACTOR neglects, refuses, or fails to prosecute the work with such
diligence as to ensure its completion within the time specified, or within such extensions of saic
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 Suretythen 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, orhave not been performed satisfactorily, shall
be contusive 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 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 seats this day as above indicated.
03
By
By
(Seal)
Note:
SIGNATURES MUST BE ACKNOWLEDGED _
BEFORE A NOTARY PUBLIC.
(ATTACK APPROPRIATE ACKNOWLEDGEMENTS)
yor of the of R mea
Attested
City Clerk of a City of Rosemed
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Calif
' yntl , ~
County of ss.
~
On before
pals / Neme aM/TJnleJoy Dlfrcer 1e.,'J.. pue, Notary Pudic)
personally appeared d ~~`(f/-/-)G..~-' m
No.(.) d slYnana)
❑ ersonally known to me
proved to me on the basis-of satisfactory
evidence
NANCY VALDERRAMA
Commission # 1378733
_e Notary Public - Colifomia
Los Angeles County
My Corryn ExpcesOO 30.2005
to be the perso0) whose name is/S%-
subscribed to the within instrument and
acknowledged to me that he/sflFi/l executed
the same in his/h'p 2~r1 authorized
capacity(ifi), and that by his/119FAM
signature(s . n the instrument the persoA%), or
the entity (upon behalf of which the person("
acted, executed the instrument.
WITNESS m and an officiallsseal.
a -~L_
~rip,,.wre m Nuan PuNm
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 Documen r [N'
t
Document Date:
Signer(s) Other Than Named Above:
Number of Pages:
Capacity(ies) I`m'ed by Siiggn~e~r,
Signer's Name:
Individual
CD Corporate Officer-Title(s):
❑ Partner - ❑Limited 0 General
❑ Attomey-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is
Top of thump here
0 1999 Nallmal Natal, Asso[oom • 9350 be Soto Ave.. P.O. six 2402 • pngp vo4h. CA 9131}2W aa9onalnopl n RoE. No. 5937 Aapok Gall To14Fm 1401Fe7"1127
TO WHOM IT MAY CONCERN
This is to certify that David H. P. Shu has been authorized to sign on my behalf and also
on behalf of Real Progress, Inc., all legal documents in connection witlithe property
located at 5016 Earle Ave/5089 Walnut Grove Ave.,. Rosemead, for the building project
named' "WALNUT GROVE INDUSTRIAL PARK".
Joseph T. S. Win, President
Real Progress, Inc.
Date: P3.1.1.a Q3
Witnessed by:
Faustm Wm, Secretary
Real Progress, Inc. I
Date:..... t?3.I..13..~ 63...
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
WITNESS my hand and offrC alU seal.
Signature:
ARTHUR A.W. S
NOTARY PUBLIC
~ARTHUR X W. SHU
commission* 1356399
Notary Public. califtmML
Loa Ang*k- eoumy
MVCanm, E•aPia+ M~ 26, 2MS
DATE: March 13, 2003
•
RECORDING REQUESTED BY:
V WHEN RECORDED MAIL TO:
DAVID H.P. SHU
5009 WALNUT GROVE AVE
SAN GABRIEL, CA 91776
ORDER NO.
ESCROW NO.
POWER OF ATTORNEY - SPECIAL
VWe JOSEPH T. S. WIN hereby appoint DAVID H. P. SITU , as my/our exclusive, true and lawful
attorney-in-fan to act in my/our capacity, for me/us and in my/our name, to dispose of my/our entire ownership. interest in that certain real
property at 5016 EARLE AVE/5089 WALNUT GROVE AVE., ROSEMEAD. CA 91770, also wiled WALNUT GROVE INDUSTRIAL
- PARK, ROSEMEAD, legally described as:
SEE ATTACHED EXHIBIT "A"
Said attorney-in-fact shall have the power to enter into and execute any contract, agreement, note, conveyance, assignment, deed, deed of trust, .
mortgage, lease, escrow instructions, bank depositor agreement and any and all other instruments or documents as shall be necessary or
convenient to buy, sell, exchange, convey, transfer, assign, encumber, hypothecate or lease the above mentioned real property.
THIS POWER OF ATTORNEY shall include the power to mortgage, transfer in trust, or otherwise encumber or hypothecate the real
pioperty described above to secure payment on any negotiable or non-negotiable Note or performance of any obligation or agreement in
connection with the disposition of the above mentioned property.
I/We, also give and grant onto said attorney-in-fact, full power authority to do and perform all and every act and thing whatsoever requisite,
necessary or appropriate to be done in the exercise of the foregoing power in regard to the above mentioned property as fully to all intents and
purposes as I/we might or could do if I/we were present, hereby ratifying and confirming all that my/our said attorney shall lawfully do or cause
to be doneby virtue hereof. _
THIS POWER OF ATTORNEY is effective immediately upon the execution hereby and shall remain in full force and
effect until and including unless sooner terminated by my/our giving written notice of such
termination to said attomey-in-fact.
DATE: March 13, 2003- .
STATE OF CALIFORNIA }
} ss.
COUNTY OF LOS ANGELES )
On 03/13/2003 before me, Arthur A.W.Shii
personally appeared
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 mpacity(ies), and that by his/her/there .signature(s) on the
instrument the person(s) or the entity upon beha}f~Of which the person(s) acted,
executed the itsuummL ' 1
WITNESS my hand and official seal.
Signature
JOSEPH T.S. WIN
ARTHURA.W. SHU
Commlaslon 9 1358399
Notary Public - California -
Los M9aktr Caunty
1RtrCarrrn. EVk= May 26, 2008
(Ibis arm for official notarial seal)
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- This Receipt must be Machine Validated
TRAN. CODE
DESCRIPTION
ACCT.CODE
1000
Building Penult Fees
4710-3224
9040
Admn: Other Revenue (Misc.) (COPY)
4110-3985
. 1010 -
Bldg-Public Works Permits
4720-3255
9910
Refundable Deposits
81-2300
1520
Bldg-Occupancy Permit Fees
471
0-3256
1525
Strong Motion Fees
4710-3813
4020
Class Registration
4840-3943-P51501
4000
Adult Sports Fee
4840.3942-P51401
-
4030
- Exmmions
4840-3944-P51601
4010
Building Feld Rental
4820-3514-P51001
9000
Business License
4130-3035
1511
Plan-Occupancy Permits
4700.3256
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