CC - Item 4H - Release of Bond Parcel Map 26808FJ
TO: HONORABLE MAYOR
AND MEMBERS
ROSEME4Q CITY COUNCIL
FROM: BILL CROW~Q`E, CITY MANAGER
DATE: MARCH 24, 2005
•
RE: RELEASE OF BOND - PARCEL MAP 26808
4804 MUSCATEL AVENUE
A Faithful Performance Bond and a Labor and Material Bond was required to
guarantee construction of house sewer laterals, curb and gutter, sidewalk,
driveways, and parkway drains. In lieu of bonds, a Certificate of Deposit was
issued to the City in the amount of $12,375.
The City Engineer has inspected the improvements and found them to be
installed satisfactorily. Attached are the undertaking agreement, required surety,
and a map showing the location of the parcel.
RECOMMENDATION
It is recommended that the City Council accept the public improvements and
release the Certificate of Deposit.
Attachment.
COUNCIL
APR 1 Z 2005
ITEM No.UE V714-
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CITY OF ROSEMEAD
11
UNDERTAKING AGREEMENT
WITNESSETH:
FIRST: The CONTRACTOR, for and in consideration of the approval of the final
THIS AGREEMENT made and entered this 10 day of 2003, by and
between the CITY OF ROSEMEAD, State of California, acting by and through its City
Council, hereinafter referred to as "CITY" and
DVvtJ(, Xu toT l_E
e. (D"
STl~Et7 72aS e Me-&J
. Q 7
hereinafter called the "CONTRACTOR."
map of that certain land division known as Parcel Map 26808 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 sewer laterals, parkway drains, driveways, curb & gutter and
sidewalk.
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 $8,250.
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 perbrmance 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 Twelve Thousand
Three Hundred Seventy-Five Dollars ($12,375) to guarantee faithful performance of all the
provisions of this agreement and for the payment of all persons performing labor and
furnishings 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
V 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 attorneys 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
0
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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 seals this dayas above indicated.
By
By
(S
~ C~C~ou~ G D~~IC~ (kc~
Note:
SIGNATURES MUST BC-ACKNOWLEDGED
BEFORE A NOTARY PUBLIC.
(ATTACH APPROPRIATE ACKNOWLEDGEMENTS)
Attested
Ci Clerk oft City of Rosemed
• •
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Califo//miia ~f ~,5
County of W_6 6&C- SS.
On /V 6-
, &P--3 before me, Fl,k#X1W lwmyi~w, Nit ~ "li ,
Date Nam and Title w Offmorr )e.g., 'Jane Doe. Notary PuW'j
personally appeared --C)LAZ>V3E1 X to T (,E
NwrWs) of SigWs)
Vproved to me on the basis of satisfactory
evidence
ELIZABETH M. MOSQUEDA
_ CanwnhWon # 1330265
;&MyCornrrL Notary Public - CaBomis
Los Angeles County
E*m Apr e, 2006
to be the person(s) whose name(* aye
subscribed to the within instrument and
acknowledged to me that G}sI;9M7ey executed
the same in <E57he;4h& authorized
capacity(es), and that by yWherli4&r
signature(e) on the instrument the persons} or
the entity upon behalf of which the person~c)
acted, executed the instrument.
W N S my hand a d fficial seal.
O~Dwelle,
svoture w Nwary P,
OPTIONAL
Though the intormation 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:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
lv,
X0
Signer's Name: -Duo
d7 Individual
Number of Pages: `'T'
❑ Corporate Officer- Title(s):
❑ Partner - ❑ Limited ❑ General
❑ Attomey-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is
no MO&MM-Mill
je~;pJ~•t ~mc sere
0 1999 National Nwary Aumabon - 9350 De Solo Ave.. P.D. Box 2402 - Chatsworth. CA 91313-2102 - w .nalionalroary.org Prod. No. 5907 Reorder Call Toll-Free 1.800$75-W27
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FIXED RATE CERTIFICATE
( (TERWS OF 30 DAY OR GREATER) ACCOUNT NO.
0069033042
UNIVERSAL BANK
I
~1. ACCOUNT SUMMARY SECTION
Account Holder(s): D U O N G X l_l A T LE
r+~~laivllt(v► ►U THE CITY OF ROSEMEAD
8146 E ORANGE ST
RO SEMEAD CA 91'770
Opening Salance!s
Data of Issuance:
R
12375.00 f" It 2/"2003
of interest:
Fiewas~ ~l o A P Y 1 $5o% Renewal 10/14/2005
Conhpoendirw _ = -
Min r5 tI L Y 17. ' - '.Additions:
a Balance Requirm eint:: 1 0000. Qo
a r •;r .r ;wti ,dh a! Interest Distributed "Minimum
Addition: iNOT ALLOW
QUARTERLY
E t=9 i n1-1 i 119 on 12/31/2003
This aocaatt Is not "midlirabie except on the books of the Depository.
iI A
2 GENERAL SECTION
This certifies that the Accountholder hops a savings account with the
Maturity Date shown hereon at Universal Bank. opening balance and for the initial term expiring on the
The Accountholder may make additions to the Account orgy with the cnruml of the Association. An addition wit not extend the
Maturity Date of the Ancient.
3. INTEREST SECTION
This account shall receive Merest at the rata and with Frequency of Corhpoundug as above set forth, provided the balance
in
the eaotrrd IS not reduced below the Minimum Balance RequirnmenL If the balance is reduced below the Mninw alRequirement. the Rate of Interest on the remaining balance shat thereafter be reduced to the rate then paid on regular savings
accounts. (See also Section 5.) See the Truth and Savings disclosure for stated Annual Percentage Ylekf.
s• AUTOMATIC RENEWAL SECTION
This account shat be automatically renewed at the close of bueness on the initial Maturity Date or on the maturity date of any
Renewal Term unless (1) withdrawn within the grace period referred to in Section 5 hereof, or (2) the Depository gtm written
notice to the Accountholder within the Ilene period permitted by applicable law far renewal notices (as discussed bed), that
this account will not be renewed at the Rate of Interest andcor lot the Renewal Term yet lorth above. In such latter avenL upon
methuity the account wit either be extended for such additional tens and at such Rate of Interest as set Forth in said notice, or
the account will be convened to a regular savings account and racer" interest as the rate then paid on reguier, accounts.
The rate of interest for any Renewal Term shat be paid on the renewal balance then being paid on new accounts of this class
with a like term and balance,
5. PENALTY CLAUSE SECTION
Except as otherwise provided herein, In the event of any withdrawal of principal from this account prior to the Maturity Date, the
Accountholder shall forfeit an annum equal to. 30 days (0 the maturity of the account is 88 days or less), 90 days (t the
maturity is 90 days or more. but leas than 365 days), 180 days (
months (t the maturity is 24 morithe or more. but less than 1220mont s). 2) is rtw12 mhs months the more. rity but than 24 months). 12
is12 months or more) of
nlerse or dividends whether earned or not on the amount withdrawn at the interest rate being paid on the account (without
compounding), regardless of the length of time the funds withdrawn have remained in the account.
1
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staf epor
TO: HONORABLE MAYOR
AND MEMBERS
ROSEME CITY COUNCIL
FROM: BILL CROWE, CITY MANAGER
DATE: MARCH 24, 2005
RE: RELEASE OF BOND - PARCEL MAP 26808
4804 MUSCATEL AVENUE
A Faithful Performance Bond and a Labor and Material Bond was required to
guarantee construction of house sewer laterals, curb and gutter, sidewalk,
driveways, and parkway drains. In lieu of bonds, a Certificate of Deposit was
issued to the City in the amount of $12,375.
The City Engineer has inspected the improvements and found them to be
installed satisfactorily. Attached are the undertaking agreement, required surety,
and a map showing the location of the parcel.
RECOMMENDATION
It is recommended that the City Council accept the public improvements and
release the Certificate of Deposit.
Attachment.
COUNM AGENMA
APR- 121 Kay
FEIA l!C-
• •
CITY OF ROSEMEAD
UNDERTAKING AGREEMENT
THIS AGREEMENT made and entered this 1_ day of Lo_ - , 2003, by and
between th"e CITY OF ROSEMEAD, State of California, acting by and through its City
Council, hereinafter referred to as "CITY" and
D u v r~ ~ .lv t~ T" LE
~ ~ C~ R-r~ IJ~,r~ STKE+r7 ~S P~M~~zc~7 ~ ( i 7
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 26808 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 sewer laterals, parkway drains, driveways, curb & gutter and
sidewalk.
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 $8,250.
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 perbrmance 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.
L]
•
FIFTH: Contemporaneously with the execution of this Agreement, CONTRACTOR
shall file with the CITY a Time Certificate of Deposit in an amount of Twelve Thousand
Three Hundred Seventy-Five Dollars ($12,375) to guarantee faithful performance of all the
provisions of this agreement and for the payment of all persons performing labor and
furnishings 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 attorneys 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 seals this dayas above indicated.
By
By
(S
Note:
SIGNATURES MUST B CKNOWLEDGED
BEFORE A NOTARY PUBLIC.
(ATTACH APPROPRIATE ACKNOWLEDGEMENTS)
Attested
Ci Clerk of t City of Rosemed
• •
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of 64-S ss.
On 4Ci~l~ before me, &,z4oN N N~urLm Qlaa~-
Dau Name and Me of Oracat (e.g..'Jene Doe. NM" Pubhcj
per appeared bLAb 061 (Ail T L6
Navels) of SOmf(S)
611proved to me on the basis of satisfactory
evidence
ELIZABETH M. MOSQUEDA
Commission S 1350265
i Notary Public- Calfomis
Las Mgekw County
OlWyCorrim.Ejorw Af,r 6.2006
to be the persons} whose name( &a*e
subscribed to the within instrument and
acknowledged to me that (Pshekhey executed
the same in <EPhes44eir authorized
capacity(aes), and that by (T5)h9zAhe4r
signature(s) on the instrument the person(4 or
the entity upon behalf of which the person(.&)
acted, executed the instrument.
W N S my hand a d ff icial seal.
Spnau n of N=rV Pubhc
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: C I C
Ib~ 20D
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
Individual
❑ Corporate 0
❑ Partner - ❑
❑ Attorney-in-F
❑ Trustee
❑ Guardian or
❑ Other.
Signer Is
cpntinn• I~-- I
Number of Pages: T
t7u~, X l i.6
Tee~lyur no here
fficer - Title(s):
Limited ❑ General
act
Conservator
O 1999 Neoa+al Ndeq A"=&twn • 9350 De Saw Ave.. P.O. Box 2402 • Chat"Wth. CA 91313.2402 • w .rWwMawury.orq
0 0
FIXED RATE CERTIFICATE
f I (TERMS OF 30 DAY OR GREATER)
i
I
1. ACCOUNT SUMMARY SECTION
Account Holder(s): D U ` t
ACCOUNTNO.
UNIVERSAL BANK
006903-%3,0412,
XUAT LE
MENT TO THE CITY OF ROuEMEAD
.ORANGE ST
AD CA 91770-
3
R
Opening Balancer S
=
Date of issuance:
R1623 7 5. 00
f
,
.
I V! no3
Interest
o
_
.Yh~
Renewal Term.
4w,f2cy:o~ o APY
1 350% `
seesectFdne. 10/14/2005
Compounding:
a
Balance Requirement:. S
Interest Distribute'
1 L10 0.. 00
`Minimum AtldYti
'NOT ALLOW
QUARTERLY
on
Beginning ra
n 12/31/2003
This account is not trarrsferable
excW an the books of the Depository,
2. GENERAL SECTION
This certiries that the Accgrrbglder holds a savings account with the opening balance and for the iNNel term exprnng on the
Maturity Date shown hereon at Universal Bank
The Accounfhoklm may make additions to the Account any with the consent of the Association. An addition will nol odend the
Maturity Date of the Account,
3. INTEREST SECTION
This account shall receive nearest at the rah and with Frequency of Compounding as above set forth.
the account is not reduced below the Minimum Balance R p Mitl the beta tan
egwremanL M the balance is reduced below the the Minimum Balance
Requirement, the Rate of interest on the remaining balance shah thereafter be reduced to the rate then paid on regular savings
accounts. (See also Section 5.) See Bte Truth and Savings disclosure for stated Annual Percentage yield.
4. AUTOMATIC RENEWAL SECTION
This account shall be automatically renewed at the close of business an the initial Maturity Date or on the maturity oafs of any
Renewal Term unless (1) withdrawn within the grace period referred to in Section 5 hereof, or (2) the Depository gives written
notice to the Accountholder within the time period permitted by applicable law for renewal notices (as discussed below), that
this account will not be renewed at the Rate of Interest and/or for the Renewal Term set forth above. In such latter event, upon
maturity the account will either be extended for such additional tens and at such Rate of Interest as set forth in said notice, or
the account will be convened to a regular savings account and receive interest at the rate then paid on reguter accounts.
The rate of interest for any nanewal Tenn shah be paid on the renewal balance then being paid on new accounts of this class
with a like term ano balance-
5. PENALTY CLAUSE SECTION
Except as otherwise provided herein. n"event of any withdrawal of principal from this account prior to the Maturity Date. tha
Accountholder shah forfeit an amount equai to. 30 days (If the maturity of the account is 89 days or less), 90 days (It the
maturity is 90 days or more, but less than 385 days), 180 days (it maturity is 12 months or more, but less then 24 months). 12
moriths (11 the maturity is 24 months or more. but less than 120 months). 24 months (It the maturity is 120 mon" or more) of
interest or dividends whether earned or not, on the amount withdrawn at the interest rate bang paid on the account (wthout
compounding). regardless of the length of time the funds withdrawn have remained in the account.
i
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Parcel Map No. 26808
4804 Muscatel Avenue
Cw7.d ~ ~ao~v..~d
N
A