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CC - Item IV.CC-A - Release Of BondsR ~ staf epor TO: FRANK G. TRIPEPI, CITY MANAGER FROM: KEN RUKAVINA, CITY ENGINEER C~ DATE: APRIL 19, 2000 RE: RELEASE OF BONDS - PARCEL MAP 21464 3059 JACKSON AVENUE A Faithfully Performance Bond and a Labor Bond and Material Bond was required to guarantee construction of a sewer house lateral. In lieu of bonds, a Certificate of Deposit was issued to the City in the amount of $1,950.00. The City Engineer has inspected the improvements and has found them to be installed satisfactorily. Attached are the undertaking agreement, required surety, and a map which indicates the location of the parcel. RECOMMENDATION It is recommended that the City Council authorize refund of the Certificate of Deposit, including accrued interest. Attachment KR:swk C Q000RSMO\STAFFRPT1C1T11Ro1ease of Bonds - PM 21464 -3059 Jackson Ave.wp0 COUNCIL )'.GE',NDA APR 25 2000 ITEM P,'a. Cif - CITY OF ROSEMEAD UNDERTAKING AGREEMENT THIS AGREEMENT made and entered this day of 19 , by and between the CITY OF ROSEMEAD, State of California, acting by and through its City Council, hereinafter referred to as "CITY" and Shyh-Kwang Yang (NAME) 1423 Sierra Vista Avenue. Alhambra CA 91801 (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 Parcel Map No. 21464 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 improvements within Street Right of Way consisting of the installation of a sanitary sewer house lateral and all related facilities, and such other improvements required by the ordinances of the City of Rosemead. 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 Engineer of the CITY. The estimated cost to do all work and furnish all materials necessary to complete the work is $1,300.00. 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 A 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 of 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 Certificate of Deposit 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 plus an amount 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 Certificate of Deposit, in the opinion of the CITY, become insufficient, CONTRACTOR agrees to renew said Certificate of Deposit with good and sufficient Sureties within ten days of the receiving notice that said Sureties, areWIsufficient. SIXTH: If the CONTRACTOR neglects, refuses, or fails to prosecute the work with such diligence as to insure 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 Certificate of Deposit 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 an Certificate of Deposit 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 - 4 g ~E2+estdel t SITYH-KWANG YANG, Owner By Secretary (Seal) Note: SIGNATURES MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC. (ATTACH APPROPRIATE ACKNOWLEDGEMENTS) By Attested Mayor of the City of Rosemead City Clerk of the City of Rosemead c:\wp51 \ccstaff\pm21464 Acknowledgement . State of CALIFORNIA County of Los Angeles, MANY QUAN ~ } > ` N 2e r l Ccr,m.!951502 aTA3, PUBLIC CALVFOR5IA~ _ ~ , , n ~a;3~ ~ f c y Cc-+m. Erp~:e; Foh. t3. 1990 ; r.n Octobe_r 19, 1992 before mr., - Marj_Quan oe~sonall; arrteo i . SITYH_KWANG YANG ~~lsLl,L!/J~~yd fd h'l:~~l p'oved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/p/c/ subscribed to the within instrument and acknowledged to me that he/s/POOVy executed the same in his/tar//Vgir authorized capacity(ies), and that by his/hpyVW signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted. executed the instru- ment. WITNESS my ran4nd official seal. 32 (This area for official seal) Signature Q i / - Cfa NT P. ii_:~ 054036635 L.L'DCeneralBank - Accoa, No. $3 of Commerce D 0 0 4 7 4 X24VAit - I . pwnv. ranwao n.u ncws JUNE 22 a 1v 92 THIS CERTIFIES THAT SHY[b HAV EMAS a B l5 Fd h. 3 r Wlu~ .Pee' '«"L. nW OEPOSITEO IN THIS BANK _ DOLLARS $ *1.950. DO** W PRINCIPAL PAYABLE TO **rTTY' OR y D I s O OR ORDER' r~ b Rrorysble in cumin[ funds on return of Th" csrtlflcrti propiAy endorsed S s}br dn., with Inpr.a ant *3.375% Innum. s % per (4 m This wrtlficeb shall be considered renewed sutomatlully far an additional period of time • ual aItlonal successive 0 to the original Term, and thereafter for add- periods of time equal tb such original term, unlenprasenbd forredsmptlon within 10daysefter ilea end of the original term w a any subsequent Term provided for herein The bank retain& the right to redeem this csrtifIcab at any original or su upon 00 days prior rnirbn notice. The bank reserves the light also to change the Interest raw from time to time u laequent maturity data y • prior to the origins) or any subsequent maturity tlata the Board of C This Certificate [.not transbnble except In 6Cordlnca With ter r n dons of - wamon o f th Ram mm. ' -t INTEREST PAYABLE tALY ~0~305101201 MATURITY 6-22-93 i TO WHOM IT MAY CONCERN- THE CERTIFICATE OF DEPOSIT FOR NAME OF YANG, SITYH SWANG IS STILL INACTIVE i c'y 051 ["t Y~L~ r, r c ~o~ I Er Temple Gt ' I;_ EXHIBIT i..,.~~ ' ~I ~n~u~u~LJILLJJ~LLJILnfLJ~j San Gabriel W1 ILA ~ Or ~ •rl J~ V'' rr EI Monte J ~i..:.~J .mss. ///`7~ 1 11r7 .af_'I J L ~ t: t t I I ~ I f~~~ I \~'I a I ~ U~~~Y i%e. I I i '-~•~•-i,-• 4'.'~•. L~cii:/ w•o ~~Y~ ~ i` I 41 v MI I• ~ ~ 4 I~~•+'V[Pn nn' it ; ~y I J S J _ ~"°rE I South El Monte EL, /T' Iin.n m u` PLANNING DEPT. Montebello CITY OF R0SEMEA0