CC - Item 4C - Release of Bond Tract Map 61005ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY CZ(313DELMAR
FROM: JEFF STEWART, INTERIM CITY MANADATE: MAY 12, 2009
SUBJECT: RELEASE OF BOND -TRACT MAP 610 A Faithful Performance Bond and a Labor and Material Bond were required to guarantee
construction of new curb and gutter, sidewalk, driveways, parkway drains, sewer line, water line,
and survey monuments for Tract Map 61005. A Bond was issued to the City in the amount of
$64,800.
Staff Recommendation
Staff recommends that the City Council accept the public improvements and release the Bond.
ANALYSIS
In accordance with the Conditions of Approval for Tentative Tract Map No. 61005 approved by
the Rosemead Planning Commission, the subdivider is required to construct new curb and
gutter, sidewalk, driveways, parkway drains, sewer line, water line, and place survey
monuments subsequent to recordation of the tract map. On December 19, 2005, the subdivider
executed an Undertaking Agreement (Attachment A) to guarantee completion of the public
improvements within two years. The subdivider provided a Faithful Performance Bond and
Labor and Material Bond to the City in the amount of $64,800. 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:
Lucien J. LeBlanc, P.E.
City Engineer
Submitted by:
Chris Marcarello
Deputy Director of Public Works
Attachment A: Undertaking Agreement
APPROVED FOR CITY COUNCIL AGENDA:
CITY OF ROSEMEAD
UNDERTAKING AGREEMENT
THIS AGREEMENT made and entered this __T_ day of p¢~~w~tij.~Y 2005, by and
between the CITY OF ROSEMEAD, State of California, acting by and through its City
Council. hereinafter referred to as "CITY" and
3313 DEL MAR LLC
(NAME)
650 W. HUNTINGTON DR. #201 ARCADIA, CA 91007
(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 61005 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 driveways, curb and gutter, sidewalk, parkway drain, sewer
line. water line 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 $43,200.
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: Contemporaneously with the execution of this Agreement, CONTRACTOR
shall file with the CITY a Time Certificate of Deposit in an amount of Sixty-Four Thousand
Eight Hundred Dollars ($64,800) 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 said 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, 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
(Seal)
Note:
SIGNATURES MUST BE ACKNOWLEDGED
BEFORE A NOTARY PUBLIC.
(ATTACH APPROPRIATE ACKNOWLEDGEMENTS)
By
r he City of Rose ead
Attested ~ 1'. (1.,
City Clerk of the City of Rosemed
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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❑ 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.
Place Notary Seal Above C
Signature of Notary Public
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Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer - Title(s):
❑ Partner - ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Top of thumb here
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer - Title(s):
❑ Partner - ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
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m 2004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder. Call Toll-Free 1-800-676-6627
EXECUTED IN DUPLICATE
CITY OF ROSEMEAD
BOND FOR FAITHFUL PERFORMANCE
(Subdivisions)
BOND NO: 282283
PREMIUM: $864.00 Per Year
WHEREAS, the City Council of the City of Rosemead, State of California, and
3313 DEL MAR, LLC
(hereinafter designated as "PRINCIPAL") have entered into an undertaking agreement
whereby PRINCIPAL agrees to Install and complete certain designated improvements,
which said agreement, dated `t . 200 and ldenlifiedas
Tract Map 61005, 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, we, the PRINCIPAL and the undersigned as surety, are held
and firmly bound unto the City of Rosemead, hereinafter called ("CITY"), in the penal sum of
Forty-Three Thousand Two Hundred Dollars ($43,200) 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 bonded 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, and provisions in
the said agreement and any alteration thereof made as there provided, on his or their part,
to be kept and performed at the time and In the mannertherein specified, and in all respects
according to theirtrue intent and meaning, and shall indemnify and save harmless CITY, its
officers, agents, and employees, as therein stipulated, then this obligation shall become null
and void; otherwise, it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified
therefor, there shall be included costs and reasonable attorney's fees, incurred by CITY in
successfully enforcing such obligation, all to be taxed as costs and included in any Judgment
rendered.
The surety hereby stipulates and agrees that no change, extension of time,
alteration, or addition to the terms of the agreement or to the work to be performed
thereunder or the specifications accompanying the same shall In anyway affect Its
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
Code as a condition precedent to any of the remedies the City of Rosemead may have.
IN WITNESS WHEREOF, this instrument has been duly executed by the
PRINCIPAL and surety above-named, on DECEMBER 9TH 20C5
3313 DEL MAR, LLC
• Principal
BY:
Principal
t
AMERICAN ONTRACTO S INDEMNITY COMPANY
ALL SIGNATURES MUST BE BY:
WITNESSED BY NOTARY Surety
TAH CARAUA, ATTORNEY-IN-FACT
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
LOS ANGELES
ss.
On 12/9/05 before me, JENNIFER WA.YNE
onto Name w4 TWO at officar (e.g.. -.an* 7oa. Notary PuW
personally appeared TAH CARAZZA
personally known to me
❑ proved to me on the basis of satisfactory
evidence
JENNIFER WAYNE t
COMM. #1539308 m
NOTARY PUBLIC - CALIFORNIA
w LOS ANGELES COUNTY
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Pdy Cninm. Expires Jan. 26, 2009
to be the person( whose nameA is/aie
subscribed to the within instrument and
acknowledged to me that 114a/shel0is-1 executed
the same in laie/her/th-eir authorized
capacity(iea), and that by Jail/henffAeir
signature(V) on the instrument the personlj?, or
the entity upon behalf of which the person(A
acted, executed the instrument
WITNES hand and official seal.
or NaOry P:,aa
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Tale or Type of Document:
Document Date:
12/9/05
Signer(s) Other Than Named Above: NONE
Capacity(ies) Claimed by Signer
Signer's Name:
Number of Pages: 2
❑ Individual Top :)r ftaMb hell
❑ Corporate Officer - Title(s):
❑ Partner - ❑ Limited ❑ General
❑ Attomey-in-Fact
❑ Trustee '
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
01999 National Notary Anaoadon • 93500a Sato Ave.. P a Sax 2402 • C.Morworn CA 31313-2402- w .natlapahvLaryxrg Pratt. Na 507 Reorder. Cap Too-Fran 7-=-87&ia9
EXECUTED IN DUPLICATE
CITY OF ROSEMEAD
BOND FOR LABOR AND MATERIALS
(Subdivisions)
BOND NO: 282283
Premium included in Faithful Performance Bond
WHEREAS, the City Council of the City of Rosemead, State of California, and
3313 DEL MAR, LLC
(hereinafter designated as "PRINCIPAL") have entered into an undertaking agreement
whereby PRINCIPAL agrees to install and complete certain designated improvements,
which said agreement, dated 20 ° and Identified as
Tract Map 61005, 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 fie a good and sufficient payment bond with
the City of Rosemead to secure the claims to which reference is made in Title 15
(commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of
California
NOW, THEREFORE, said PRINCIPAL and the.undersigned as surety, are held
firmly bound unto the City of Rosemead and all contractors, subcontractors, laborers,
materialmen and other persons employed in the performance of the aforesaid agreement
and referred to in the aforesaid Civil Code in the sum of Twenty-One Thousand Six Hundred
Dollars ($21,600), for materials furnished or labor thereon of any kind, or for amounts due
under the Unemployment Insurance Act with respect to such work or labor, that said surety
will pay the same in an amount not exceeding the amount hereinabove setforth, and also in
case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs
and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in
successfully enforcing such obligation, to be awarded and fixed by the court, and to be
taxed as costs and to be included in the judgement therein rendered.
It is hereby expressly stipulated and agreed that this bond shall insure to the benefit
of any and all persons, companies and corporations entitled to file claims under Title 15
(commencing with Section 3082) 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 shall
become null and void, otherwise it shall be and remain In full force and effect.
The surety hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of said agreement orthe specifications accompanying the
same shall in any manner affect its obligations on this bond, It does hereby waive notice of
any such change, extension, alteration or addition, and hereby waives the requirements of
Section 2845 of the Civil Code as a condition precedent to any remedies the City of
Rosemead may have.
IN WITNESS WHEREOF, this instrument has been duly executed by the
PRINCIPAL and surety above-named, on DECEMBER 9TH
2Q05
3313 DEL MAR, LLC
Principal
Principal
AMERICAN CONTRACTORS INDEMNITY COMPANY
ALL SIGNATURES MUST BE BY: Z
WITNESSED BY NOTARY Surety
TAH CARAZZA, ATTORNEY-IN-FACT
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of LOS ANGELES
On 12/9/05
Date
SS.
before me, JENNIFER WAYNE
Name and Tice of Officer (e.g.. *jane Doe. Notary PWiic'1
personally appeared TAR CARAZZA
Namalsl d Signar(s)
7# personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(A whose namef) islar
subscribed to the within instrument and
acknowledged to me that ka/she/tl~ executed
the same in We/her/tite+r authorized
capacity(iee), and that by 4ie/herlt4eir
signature(o) on the instrument the person($), or
the entity upon behalf of which the person(A
acted, executed the instrument.
JENNIFER WAYNE WITN an and offi ial seal.
COMM. #1539308 0
NOTARY PUBLIC - CALIFORNIA 2
LOS ANGELES COUNTY ESS
fJh Comm. Expires W. 26, 2009 ~t 9lgnealra 0lGry Public
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Title or Type of Document:
Document Date:
12/9/05
Signer(s) Other Than Named Above: 12/9/05
Capacity(ies) Claimed by Signer
Signer's Name:
2
Number of Pages:
❑ Individual Top at thumb here
❑ Corporate Officer - Title(s): il
-
❑ Partner - ❑ Limited ❑ General
❑ Aftomey-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
SUBDIVISION
0 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatmvarth, CA 91319.2402 • ewernatlaralnolary.org Prod No. 5907 Reardr: Call Tdl.Frn 14m-aT8.6827
American Contractors Indemnity Company
9841 Airport Blvd., 9"' Floor Los Angeles, California 90045
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That American Contractors Indemnity Company of the State of California, a California corporation, does hereby appoint,
Frank Mester, Brian Dahlke, S. Karlma Burnes, Tah Carazza, Ariel T. Heredia or John Russell
of Los Angeles, California
its true and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts
of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an
Amount not to exceed $ **********1,863,000.00***********. This Power of Attorney shall expire without further action on March
18, 2007.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by
the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6`s day of
December, 1990.
"RESOLVED that the Chief Executive Officer, President or any Vice President. Executive Vice President, Secretary or Assistant Secretary, shall have the
power and authority
1. To appoint Attorney(s)-in-Fact and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto,
bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and,
2. To remove. at any lime, any such Attorney-in-Fact and revoke the authority given.
RESOLVED FURTHER, that the signatures of such officers and the seal of the Company may be mixed to any such Power of Attorney or certificate
relating thereto by facsim ile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding
upon the Company and airy, such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company
in the future with respect to any bond or, undertaking to which it is attached. "
IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its Chief
Executive Officcr on the 15't' day of December, 2003.
TO~, AMERICAN C NTRACTORS INDEMNITY COMPANY
1r11111iE1
a, Ski pb,1991 .o By. Robert F. &omas.hief Executive Officer
STATE OF CALIFORNIA §
COUNTY OF LOS ANGELES §
On this 15ce day of December 2003, before me, Deborah Reese, a notary public, personally appeared Robert F. Thomas, Chief Executive
Officer of American Contractors Indemnity Company, to me personally known to be the individual and officer described herein, and
acknowledged that he executed the foregoing instrument and affixed the seal of said corporation thereto by authority of his office.
WITNESS my hand and official seal.
Signaturc of Notary
My Commission expires March 18. 2007
r Ad=h- DEIOR/Ji REESE
Comtnbdon # 1406149
S Notary Rtbbc - Callornw
Los Angeles Courtly
2Comm. Expire, Mm 18.2007
1, Jeannie J. Kim, Corporate Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the
resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither
the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect.
IN WITNESS HEREOF, i have hereunto set my hand this 9TH
Bond No. 282283
Agency No. #9013
day of DECEMBER 2005
e J. Kim, Co porate Secretary
Re, POA12115103