CC - Item 3C - Undertaking Agreement Parcel Map 62069• •
TO: HONORABLE MAYOR
AND MEMBERS
ROSEMEAD CITY COUNCIL
FROM: ANDY LAZZARETTO, CITY MANAG
DATE: MAY 2, 2006
RE: APPROVAL OF UNDERTAKING AGREEMENT FOR PARCEL MAP 62069
3027 SULLIVAN AVENUE
Attached for consideration and approval is an undertaking agreement to guarantee the
construction of sewer laterals, parkway improvements and survey monuments. A Faithful
Performance Bond in the amount of $13,400 and Labor and Material Bond in the amount
of $6,700 have been submitted to the City.
Pursuant to the Subdivision Map Act, the subject parcel map does not require City Council
approval.
Approve the undertaking agreement for the installation of the improvements.
Attachment.
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CITY OF ROSEMEAD
UNDERTAKING AGREEMENT
THIS AGREEMENT made and entered this day of /-11~ R 1 L , 2006, 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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(NAME)
777
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 Parcel Map 62069 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:
Sewer laterals, parkway improvements 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 $13,400.
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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: 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 a separate Surety Bond in an amount
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equal to at least fifty percent of the estimated cost of this work for the payment of all
persons performing labor and furnishing materials in connection with this agreement. If the
Sureties on said Bonds, 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 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,
said extension may be granted by the City Council, either at its own option, or upon request
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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
(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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CALIFORNIA A►LL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of Lo 5 c-C S
On % G) 4) J` before me,
Date
personally appeared z~ti G -
'Jane Doe.
BIWE J. TONE
_ Commisslort * 1461781
-w Notary R~bYc - Camomia
" los Angeles Carty
f1Ay Comm, Expiges Jan 10, 204
❑ personally known to me
p proved to me on the basis of satisfactory
evidence
to be the person( whose name(aj is/arts
subscribed to the within instrument and
acknowledged to me that /she/th executed
the same in ~A/her/tKrr authorized
capacity(ieK, and that by fjys/her/tar
signature(Kon the instrument the persor)K, or
the entity upon behalf of which the person(,`)
acted, executed the instrument.
WITNES y h=and ial~eal•~
Sgnature of otary Pudic
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:
Document Date: (~2 Number of Pages:
Signer(s) Other Than Named Above:7~
Capacity(ies) Claimed by Signer
Signer's Name: RA Z)&- /7
WWI i~i
Individual Top of `numb here
❑ Corporate Officer - Title(s):
❑ Partner - E. Limited General
-Fact
❑ Attorney-in
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing: L f'
® 1999 Nabortal Notary Association • 9350 De Soto Ave- P 0 Box 2402 • Chatsworth, CA 91313-2402 • "w.natwnalrwtary.org Prod No. 5907 Reorder Call Toll-Free 1.900-876.6827
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Bond No. 661117394
Premium $402.00
CITY OF ROSEME A.Q
BOND FOR FAITHFUL pERFORMANCE
(Subdivisions)
WHEREAS, the City Council of the City of Rosarnead, State of California, and
Bang Bach Trinh
(her eInafter designated as *PRINCIPALI have entered into an undertaking agreement
whereby PRINCIPAL agrees to install and complete certain designated improvements,
2446, and identified as Parcel
which said agreement, dated
Map 62069, is hereby referred to and made a part hereof; and
WHEREAS, said PRINCIPAL. is required under the terms of said agreement to
furnish a bond for the faithful performance of said agreement.
NOW, THEREFORE, wa, the PRINCIPAL and the undersigned as surety, are held
and firmly bound unto the City of Rosemead, herelnafter called ("CITY"), In the panel sum of
Thirteen Thousand Four Hundred Dollars ($13,400.00) lawful money of the United States,
for the payment of which sum well and truly to be made, we bind ourselves, our heirs,
successors, executors, and administrators, jointly and severally, firmly by these presents
The condition of this obligation is such that if the above banded PRINCIPAL his or its
heirs, executors, administrators, successors, or assigns, shall In all things stand to and
abide by, and well and truly keep and perform the covenants, conditions, slid provisions in
the said agreement and any aiteration thereof made as there provided, on his or their part,
and in ail respects
to be kept and performed at the time and in the manner therein specified,
according to their true intent and meaning, and shall indemnify and save harmless CITY. Il
pf~rs, agents, and employees, as therein stipulated, then this obligation shell become n
and void; otherwise, n shall be and remain in full force and effect.
As part of the obligation secured hereby and In addition to the face amount specHied
therefor, them shall be included costs and reasonable attomays fees, Incurred by CITY
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successfully onfvrclrg such obligation, all to be taxed as costs and included in anyjudgment
renderad.
The surety hereby stipulates and agrees that no change, extension of time,
or addition to the terms of the agreement or to the WorK to be performed
alteration, affect its
thereunder or the specifications accornpanYing the same shall in anyway
obligations on this bond, and it does hereby waive notice of any such change, extension of
time, alteration, or addition to the terms of the agreement or to the work or to the
specifications. The surety hereby waives the requirements of Section 2845 of the Civil
Cade as a condition precedent to any of tha remedies the City of Rosemead may have,
IN WITNESS WHEREOF, this instrument has been duly executed by the
April 25th -12006.
PRINCIPAL, and surety above-named, on
Bang Bach Trinh
Principal
ALL SIGNATURES MUST BE
WITNESSED BY NOTARY
Dave B. Roalkvam, Attorney-in-Fact
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Diego
On l.'-1ZS~t (Q before me, Allison J. Fernandez, Notary Public
personally appeared Dave B. Roalkvam
® personally known to me -OR- ❑
preved to me on the basis of satisfaetef~y evidence to be the person(s)
whose name( Ware subscribed to the within instrument and
acknowledged to me that he4he4hey executed the same in his" ei it
authorized capacity(ies), and that by his"h°ir 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.
S*"ature of Notary
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
❑ INDIVIDUAL
❑ CORPORATE OFFICER
❑ PARTNER(S) ❑ LIMITED
® ATTORNEY-IN-FACT ❑ GENERAL
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
OTHER:
SIGNER 1S REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
Title or Type of Document
Number of Pages
Date of Document
Signer(s) other than named above
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LINCOLN GENERAL INSURANCE COMPANY
POWER OF ATTORNEY
KNOW A1.1_ MEN BY THESE PRESENTS. That Lincoln General Insurance Company, organised and c.\isting by virtue of the
taws of'the C'otnmonvrealth of Pennsylvania, does hereby nominate. constitute and appoint:
Dave B. Roalkvam
its true and la" ful Attomey(s)-in-Fact to sign, seal and execute for and on its behalf, as surety, bonds, undertakings, and other
obligatory instruments of sittular nature, and to bind it thereby as fully and to the same extent as if such instruments were signed
by a duly authorized officer of the corporation, and all the acts of said .Attorney, pursuant to the authority hereby given are hereby
ratified and confirmed.
RESOLVED that this Power of Attorney is granted and is signed, scaled and notarized with facsimile signatures and seals under
authority of the following resolutions adopted by the Board of Directors of Lincoln General Insurance Company on the 4'" day of
September, 2002.
RESOLVED that the President, an Executive or Senior Vice President, or any Vice President of the Company, together Nvith the
Secretary or any Assistant Secretary are hereby authorized to execute Powers of Attorney appointing the person(s) named as
Attorney(s)-in-Fact to date, execute sign, seal and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and
other similar contracts of suretyship, and any related documents.
RESOLVED FURTHER that the signatures of the officers making the appointment, and the signature of any officer certifying
the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal
of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile
representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if
manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing or photocopying.
IN WETNESS WHEREOF, Lincoln General Insurance Company has caused its corporate seal to be affixed and these presents to
be signed by its duly authorized officers this I5"' day of October, 2004- ;u11
S'ecr•crrrr~~`,~~ ORATE S
4f/ UO~ Y
40 977
B- 1 -
J'•. 4'NSnv~
!'resider ~`'-..'fiv•...
On this 15'" day of October, 2004, before me personally came John T. Clark, to me known, who being duly sworn, did depose
and say: that he is the President of the Corporation described in and which executed the above instrument: that he knows the seal
affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of Directors
of said Company; and that he executed the said instrument by like order and authority and the same was his free act and deed.
The Connnonwealth of Pennsylvania
York County NODYUM SM
RENEE L KRIVACSY'
Notary Public
YORK CITY,YORK COUNTY -
My Commiaslon Expires Oct 29, 2008
1, Gary J. Omdorff, Secretary of Lincoln General Insurance Company, a corporation of the Commonwealth of Pennsylvania do
hereby certify that the above and foregoing is a full, true and correct copy of Power of Attorney issued by said Company, and of
the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked, and
furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney is now in force.
IN 1t ITNESS WHEREOF, 1 have hereunto set my hand and affixed the seal of said Company, at York, Pennsylvania, this
25th day of _ April___. _ 2006
6 N0111I III Sl
~aQORATES~c~?C'
1977
:o-
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expressly stipulated end agreed that thls bond shall insure to the benefit
it is hereby
file claims
an and all persons, companies and corporations entIlled to ~tnderTdle ~5
Y
commenring with Section 3080 of part 4 of Division 3 of the Civil code, so as to give a
right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed. then this obligation shat
become null and void, otherwise it shall be and remain In fUll force and effect. of time,
The surety hereby stipulates and agrees th9t no change, extension the
alteration yr addition to the terms of said agreement orthe specifir:ations accompanying e of
same shall In any manner affect its obligations on this bond, it does hereby Welve notice
of
valves the requirement$
any such change, extension, alteration or additl on,, and hereby
Sedon 2845 of the Civil code as a condition precedent to any remedies the CItY Of
Rosemead may have.
IN WITNESS WHEREOF, this instrument ties been duly executed by the
April 25th
PRINCIPAL, and surety above-named, on -
2006.
Bang Bach Trinh
Principal
Principal
General
ALL SIGNATURES MUST BE -
WITNESSED BY NOTARY SUCW
Dave B. Roalkvam, Attoracy-in-Fact
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Bond No. 661117394
CITY OF ROSEMEAD Premium Included in Performance Bond
BOND FOR LABOR AND MATERIALS
(Subdivisions)
WHEREAS, the City Council of the City of Rosemead, State of California, and
Bang Bach Trinh
entered into an undertaking agreement
`rhave
(her®Inafter design$ted as "PRINCIPAL ) whereby PRINCIPAL agrees to install and complete certain desigtlated impr~ements,
2U06, and identtfed as parcel
agreement, dated
which said
Map 62089, is hereby referred to and made a part hereof, and
WHEREAS, under the terms of said agreement, PRINCIPAL is required before
entering upon the performance of the work, to file a good and sufficient payment bond with
the city of Rosemead to secure the claims to which reference Is Made In Title 15
(commending with Section 3082) of Part 4 of Division 3 of the Civil Code of the State
California are held
NOW, THEREFORE, said PRINCIPAL and the undArslgned as surety,
laborers,
firmly bound unto the City of Rosemead and all contractors, subcontractoM,
aid agreement
materialmerl and other persons employed in the performance of the afores
and referred to in the aforesaid Civil Code in the sum of Six Thousand Seven Hundred
Dollars ($6,,700.00), for materials furnished or labor thereon of any kind, or for amounts
ud surer
under the Unemployment Insurance! Art with respect to Suoh worts or labor, that in
will pay the same in an amount not exceeding the amount hereInabove set lbrth, and also
costs
case suit Is brought upon this bond, will pay, in addition to the fare amount thereof, c c
and reasonable expenses and fees, including resonable attomeY's fees, incurred by ity,n
be
successfully enforcing such obligation, to be awarded and fixed by the court, and to
taxed as costs and to be included in the judgement therein rendered.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San(( Diego
On LE Z: Ub before me, Allison J. Fernandez, Notary Public
personally appeared Dave B. Roalkvam
® personally known to me -OR- ❑ pFeved to me oil the basis of satisfactory evidenee to be the person(
whose name(s) is4r-e subscribed to the within instrument and
acknowledged to me that Wsh@.445 executed the same in his"h,,eF4e-ir
authorized capacity(-ies), and that by hissherAheir signature(s) on the
instrument the person(-,), or the entity upon behalf of which the person()
acted, executed the instrument.
dV i !quad J. FI RPd:1~10EZ
t NAPA. 4151 5765
NOTAnYPUBUG-CAUMPNIA S2
Aid
d y Co0mtEte;a!sO cio;:'*n xNTY
Expires
VA"~ 1.2009
WITNESS my hand and official seal.
of Notary
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
❑ INDIVIDUAL
❑ CORPORATE OFFICER
❑ PARTNER(S) ❑ LIMITED
® ATTORNEY-IN-FACT ❑ GENERAL
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
Title or Type of Document
Number of Pages
Date of Document
Signer(s) other than named above
LINCOLN GENERAL INSURANCE COMPANY
PONVEI: OF ATTORNEY
KNOW AL.I. MEN BY THESE PRESENTS. That Lincoln General Insurance Company, organized and existing by virtue of the
Lawb of the ComnlomveaIth of Pennsylvania. does hereby nominate, constitute and appoint.
Dave B. Roalkvam
its true and lawful Attorncy(s)-in-Fact to sign, seal and execute for and on its behalf, as surety, bonds, undertakings, and other
obligatory instruments of similar nature, and to bind it thereby as fully and to the same extent as if such instruments were signed
by a duly aurhorircd officer of the corporation, and all the acts of said .Attorney, pursuant to the authority hereby given are hereby
ratified and confirmed.
RESOLVED that this Power of Attorney is granted and is signed, scaled and notarized with facsimile signatures and seals under
authority of the following resolutions adopted by the Board of Directors of Lincoln General Insurance Company on the 4'h day of
September, 2002.
RESOLVED that the President, an ExeCtllivc or Senior Vice President, or any Vice President ofthe Company, together with the
Secretarv or any Assistant Secretary are hereby authorized to execute Powers of Attorney appointing the person(s) named as
Attorney(s)-in- Fact to date, execute sign, seal and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and
other similar contracts of suretyship, and any related documents.
RESOLVED FURTHER that the signatures of the officers making the appointment, and the signature of any officer certifying
the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal
of any notary, and the seal of the Company, may be facsimile representations of those signtatures and seals, and such facsimile
representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if
manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing or photocopying.
IN wri-NESS WHEREOF, Lincoln General Insurance Company has caused its corporate seal to be affixed and these presents to
be signed by its duly authorized officers this 15`h day of October, 200
.5'ecrelctr}~
On this 15'h day of October, 2004, before me personally came John 'f. Clark, to me known, who being duly sworn, did depose
and say: that he is the President of the Corporation described in and which executed the above instrument: that he knows the seal
affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of Directors
of said Company; and that he executed the said instrument by like order and authority and the same was his free act and deed.
The Commonwealth ofPennsxlvania
York County
NOTARIAL SEAL
RENEE L KRIVACSY'
Notary Public
YORK CiTY,YORK COUNTY -
My Commtttslon Expires Oct 29, 20013
'
K';
1, Gary J. Orndorff, Secretary of Lincoln General Insurance Company, a corporation of the Commonwealth of Pennsylvania do
hereby certify that the above and foregoing is a full, true and correct copy of Power of Attorney issued by said Company, and of
the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked, and
furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney is now in force.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, at York, Pennsylvania, this
25th- day of A rp it 2006
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