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CC - Item 4D - Release of Certificate of Deposit - Tract Map 61523 (8930 Mission Drive)ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: MATTHEW E. HAWKESWORTH, ACTING CITY MANAGER DATE: JUNE 9, 2009 SUBJECT: RELEASE OF CERTIFICATE OF DEPOSIT - TRACT MAP 61523 (8930 MISSION DRIVE) SUMMARY A Faithful Performance Bond and a Labor and Material Bond were required to guarantee construction of new sewer laterals and installation of survey monuments for Tract Map 61523. In lieu of bonds, a Certificate of Deposit was issued to the City in the amount of $25,760.00. Staff Recommendation Staff recommends that the City Council accept the public improvements and survey monuments and authorize the release of the Certificate of Deposit including interest. ANALYSIS In accordance with the Conditions of Approval for Tentative Tract Map No. 61523 approved by the Rosemead Planning Commission, the subdivider is required to construct new sewer laterals and install survey monuments subsequent to recordation of the tract map. On April 24, 2007, the subdivider executed an Undertaking Agreement 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 Certificate of Deposit in the amount of $25,760. The City Engineer has inspected the public improvements and survey monuments and found them to be satisfactory. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prep ed by: Lucien J. LeBlanc, P City Engineer Sub 'try tpd b~~^~ n Chris MarcarelloN1 Deputy Director of Public Works Attachment A: Undertaking Agreement ITEM NO. _9D APPROVED FOR CITY COUNCIL AGENDA: CITY OF ROSEMEAD UNDERTAKING AGREEMENT THIS AGREEMENT made and entered this day of L 2007, by and between the CITY OF ROSEMEAD, State of California, acting by and through its City Council, hereinafter referred to as "CITY" and Surf L (NAME) 59 c_ -_Po , &v (ADDRESS) hereinafter called the "CONTRACTOR." WITNESSETH: re- j9/Cx FIRST: The CONTRACTOR, for and in consideration of the approval of the final map of that certain land division known as Tract Map 61523 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: Construct sewer lateral and install 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 517,170. 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 the amount of Twenty-Five Thousand Seven Hundred Sixty Dollars (525,760) 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 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. ByCh. By 4o yuN(T C ~~N (Seal) Note: SIGNATURES MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC. (ATTACH APPROPRIATE ACKNOWLEDGEMENTS) By . Mavor///bb$Ythe-City of Rosemead VCiClerV Attested "of the City of Rosemed r_AN 1;:nRWIA ALL-PURPOSE ACKNOWLEDGMENT State of California ~ ss. County of 0 C On 26 before me, Dale Name and Title of OFmer (e.g..'Jane V, Notary Public') personally appeared Cl-!/N " S'U/V C? C Nme~s)of 5gna s) ❑ personally known to me . ICJ proved to me on the basis of satisfactory evidence lAN LEE. Commission 11722 Notary Public - Catltol ' Los Angelss County Cann. Jon29.2011 Place Notary Seal Move to be the persol whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sheA4ciey executed the same in his/ herl heir authorized capacity(ies), and that by his/ho.;A#eir 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. WZf~"J ` nature of Noary Public 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 T p r. y2- S'C tit C-AD v tv"6 (-,e7"AKJvV6 A6 At it Document Date: e Number of Pages: H- Signer(s) Other Than Named Above: f A~cK r ZH E C!Z / ooS~l~1~ Capacity(ies) Claimed by Signer ner's Name: C+lly - C a-i-CAI - Individual Tap of thumb here ❑ Corporate Officer-Title(s): ' ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: C 1929 National Notary AlacceaAa•930 U. Soto Ave..P.e. Boa 2402-Chalnvorr, CA 913132402. 1.odtianal1atary.ory Prod. Na. sd7 Reorder. Call mil<ree 1-euu-6re bazr 12 Mlh Catiri=eaf Deposit ACCOUNTNO. 15027840 . EAST VEST BANK . Account Holder(s) Chin-Sung Chen ' and City of Rosemead Date of Issuance:- O1i26/2007 Initial Maturity Date: 01/26/2008 opening Balance: S 25,760.00 Initial Term: 12 Months . 3.9_0% Annual Percentage Yield: 4.00% a Interest Rate: ' Min. Bal. Req. $ 25 000 00 Interest Compounding Method: Daily Maximum Bal. $ No Limit Additions: No Additions Allowed , Earnings Distribution Earnings distribution frequency will be Monthly with the last distribution on the final maturity date. l 7 - Signature' Date issued 01262007 Authorized - - Branch Address: 2090 Huntington Drive . BALANCE LINE DATE WRHDRAWALS INTEREST ADDITIONS No. STATEMENT ACCOUNT