CC - Item 4F - Release of Bonds Tract 60712TO: HONORABLE MAYOR
AND MEMBERS
ROSEME CITY COUNCIL
FROM: BILL CROW CITY MANAGER
DATE: FEBRUARY 7, 2006
RE: RELEASE OF BONDS - TRACT 60712
3441 IVAR AVENUE
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A Faithful Performance Bond and a Labor Bond and Material Bond was required to
guarantee construction of sewer house laterals, drive approaches, sidewalk and survey
monuments. In lieu of bonds, a Certificate of Deposit was issued to the City in the amount
of $9,000.
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 bonds and accept the public
improvements.
Attachment
COUrNUL AGENDA
FEM No. V- F
•
TO: HONORABLE MAYOR
AND MEMBERS
ROSEME D CITY COUNCIL
FROM: BILL CRO E, CITY MANAGER
DATE: FEBRUARY 7, 2006
RE: RELEASE OF BONDS - TRACT 60712
3441 IVAR AVENUE
•
A Faithful Performance Bond and a Labor Bond and Material Bond was required to
guarantee construction of sewer house laterals, drive approaches, sidewalk and survey
monuments. In lieu of bonds, a Certificate of Deposit was issued to the City in the amount
of $9,000.
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 bonds and accept the public
improvements.
Attachment
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CITY OF ROSEMEAD
UNDERTAKING AGREEMENT
1 -7 d
THIS AGREEMENT made and entered this 0 day of s , 2004, by and
between the CITY OF ROSEMEAD, State of California., acting by and through its City
Council, hereinafter referred to as 'CITY" and
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.3401 -TV~
hereinafter called the "CONTRACTOR."
WITNESSETH:
FIRST: The CONTRACTOR, for and in consideration of the approval of the final
Construction of curb & gutter, sidewalk, driveways, sewer lateral and survey
monuments.
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Said work shall be done to the satisfaction of the City Engineer and shall not be
map of that certain land division known as Tract Map 60712 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:
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 $6,000.
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 erg ployees, in performances of said work. M 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.
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FIFTH: Contemporaneously with the execution of this Agreement, CONTRACTOR
shall file with the CITY a Time Certificate of Deposit in an amount of Nine Thousand Dollars
($9,000) to guarantee faithful performance of all the provisions of this agreement and for the
payment of all persons performing labor and furnishjngs materials in connection with this
agreement. If the Time Certificate of Deposit, in the opinion of the CITY, becomes
insufficient, CONTRACTOR agrees to renew said Time Certificate of Deposit within ten
days of receiving notice that Time Certificate of Deposit is 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 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 under this contract,
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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
By
VIM M LE
CamwMlon • 1471771
Na1t7 NBC - Cdo=VD
(Seal)
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 Rosemed
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ACCOUNT NO.
UNIVERSAL BANK
1. ACCOUNT SUMMARY SECTION
y Account Holder(s):
r' FIXED RATE CERTIFICATE
i RERMS OF 30 DAY OR GREA M
AR:a;
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Vu
a•:,
0069037480
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)SEMEAD
' Opening Balance: s -Date of Issuance:
Data; 5/04
Rate Initial Maturity 10/05/06
of Imtweec 1
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Frequency or
Gom1Pounding: ~T1V~v 'ei 3/
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Minimum
i Balance Requkament.s 1 1 000_ 0
y
Interest Dmewine2 QUARTERLY > " = - :M~rm Addition:
Beginning on 12/31/04
This sccourd is not"naisrable except of the books of the Depoeltorp.
2. GENERAL SECTION
This certlfles that the Arco nMbldsr holds a savigs acaourrl with the opsnkq balance and kw the inttial term aplring an to
Maturity Date shown hereon of Universal Banc.
The Acceahtnolder may make additions to the Account only with to consent of to Association. An addition will not aheana the
Maturity Date of the Account.
3. INTEREST SECTION
This account shell receive Irtars d at the rate and with Frequency of Compounding as above set forth. provided this balance in
the account Is not reduced below the Minimum Balance Requirement if the balance is reduced below the Minknum Balance
Requirement, the Rate of Mraut on the remaining balance "I thereafter the reduced to the rate ten paid on regular savings
accounts. (Sae also Section 5.) See to Truth and Savings disclosure for stated Annual Percentage Yield.
4. AUTOMATIC RENEWAL SECTION
This accout shall be automatically renewed at the close of business on the Inhial Maturity Date or an this mehaily date of any
Renewal Tern mess (1) withdrawn within the grace period retened to in Section 5 hereof, or (2) the Depository gives written
notice to to Acco rMtolder within the time period peo nd by applicable law for renewal notices (w discussed below), het
this account will not be renewed at to Rafe of Interest arwor for to Renewal Term set lorth above, in such later event, upon
maturity to account wig ether be enonnded for such additional term and at such Rate of Interest as act forth in said notice, or
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the account will be convened to a regular savings account and receive Interest at the raft than paid on regular accents
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The raft of it do for any Renewal Term afnal be paid on the renewal balms then bekhg paid an new acooonts of oft class
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with a like tern and balance.
' i PENALTY CLAUSE SECTION
( Exoapt as otnarwvMs provklsd Herein, in tfo wen of any withdrawal of principal from ihte accent prior to the MaMdY Dets, the
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AecourdwkW shall forisk on amount equal to. 30 days (l the mabaty of 0te account is 89 days or lea), 90 days (t the
maturity Is 90 days or more, but lass than 355 days), 180 days (it mrWrty is 12 months or more, bud less than 24 months), 12
I montta (t this maturity Is 24 months or more, but lees than 120 months). 24 mo me (lf the maturity is 120 maRte or more) of
i I taresc or dividends whe9w earned or not on ft amount wittdrawn at the interest rate being paid on the accaaht (without
.
Ii Cdtpo riding), regardless at the length of time the funds withdrawn have remWhed in.the account
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1`i C.-:; Cv C,1' C,"3 7 _-'~t' 0
TRUTH-IN-SAVINGS DISCLOSURE
! r 1 /(o be used for certificate of deposit accounts - do not use for 6 month CD Builder accounts)
Date: ! r •~1 i + We reserve the right at any time require not less than seven (7) days notice in
'i bcf h ,;.IA I r-
Account Type: ~.YP. E (17)
Term: 2 3 1Z A R r D
Notice: If the maturity date or rate information is not provided on this form,
then information about maturity date and rates will be provided by a separate
notice.
Rate Information 11 ie inter st rate,on our account i % with
an annual percentage yield of You will be paid this rate
until the maturity date.
Compounding Frequency - Interest will bA compounded daily.
Crediting Frequency - Interest will be: Credited to this account
Omai d to Lou ~uansferred to another account Omonthly
taarterly Lturnually.
Minimum Balance to Open Account - You must deposit S ],QQr~,Qg._to
open this account to open this account.
Minimum Balance to Obtain The Annual Pfrtentage Yield Disclosed -
You must maintain a minimum balance of S 1 - iron in
-the account each day to obtain the disclosed annual percentage yield. Interest
is not earned an balances below SI PM.00
Daily Balance Computation Method - We use the daily balance method to
calculate the interest on your account. This method applies a daily periodic
rate to the principal in the account each day.
Accrual of Interest on Noncash Deposits - Interest begins to accrue on the
first business day after the banking day you deposit noncash items (for
example, checks).
Transaction Limitations:
You may not make deposits into your account before maturity.
You may make unlimited deposits into your account. This
applies only to IRA, SEP, and BRP accounts.
Wires received after 1:00 PM Pacific Time will not earn interest until the
following business day. You will be notified if the incoming wire is rece'vnd
after 1:00 PM.
You may make withdrawals of principal from your account before maturity,
but a penalty may be imposed. Any withdrawal which reduces the account
balance below the minimum balance requirement shall be considered as a
withdrawal of the entire account balance and shall be subject to a penalty.
You can withdraw interest credited in the term before maturity of that term
without penalty. You can withdraw interest any time during the term of
crediting after it is credited to the account.
Eariy Withdrawal Penalties - A penalty rnay be imposed for withdrawals
before maturity.
• If your account has an original maturity of 89 days or less - The fee
we may impose will equal thirty (30) days simple interest on the amount
subject to penalty, whether earned or not.
• If your account has an original maturity of 90 to less than 365 days -
The fee we may irrq ose will equal rd uty (90) days simple interest on
the amount withdrawn subject to penalty, whether earned or not.
• If your account has an original maturity of 12 months to less than 24
months - The fee we may impose will equal one hundred eighty (180)
days simple interest on the amount subject to penalty, whether earned or
not.
• If your account has an original maturity of Z4 months to less than
120 months - The fee we may impose will equal twelve (12) months
simple interest on the amount withdrawn subject to penalty, whether
earned or not.
Then: arc certain circumstances, such as the death or incompetence of an
-N K owner, where we may waive or reduce this penalty. See your pi disclosure
if this account is part of an IRA or other tax qualified plprl, 1 /
Time Requirements - You account will mature Ct
Automatically Renewable Time Account - This account will automatically
renew at maturity. You may prevent renewal by withdrawing the funds in the
account at maturity (or within grace period) or if we receive written notice
from you within grace period. You will have seven (7) calendar days after
maturity to withdraw the funds without a penalty. We can prevent renewal if
we mail notice to you within it reasonable rim before maturity.
Each renewal term will be the same as the original term, beginning on the
maturity date or transaction date which ever comes later. The interest rate will
be the same we offer on new time deposits on the maturity or transaction date
whichever comes later. The new maturity date is calculated based on the
terms, minimum balance (if any) and other features (if applicable) as the
original time deposit. We do not guarantee product features on renewal terms.
con mg ore eat wr rawa am an interest-bannng account other than a
time deposit, or from any other savings account as defined by Regulation D.
Current Rates: The interest rate~d annual percentage yield are accurate as
of f 1 C%r/-j(lrtf%
You may call 626 285-2251 to
obtain current rate information.
The following fees may be assessed against your account and the following
transaction limitations, if any, apply to your account. See attached Schedule
of Fees.
t6. 1IN1ti'titsSAL BAlV1R
3455 Nogales Street - 2nd Floor
West Covina, CA 91792
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TRACT 60712
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