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CC - Item IV.CC-J - Release Of Bonds- Tract map 3414 Eckhart Ave.staf epor TO: HONORABLE MAYOR AND MEMBERS ROSEMEAD CITY COUNCIL FROM: G. TRIPEPI, CITY MANAGER DATE: MAY 17, 2000 RE: RELEASE OF BONDS -TRACT MAP 52629 3414 ECKHART AVENUE A Faithful Performance Bond and a Labor and Material Bond was required to guarantee construction of street and drainage improvements. In lieu of bonds, a Letter of Credit was issued to the City in the amount of $157,500. 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-that- indicates the location of the tract. RECOMMENDATION It is recommended that the City Council accept the public improvements and release the bonds for Tract Map No. 52629. - Attachment 2000rsmd/staff rpUcity COUNCIL 1'.GfE;DA MAY 2 3 2000 ITEM No. V 08-.3- APR. -15'99(THG) 11 14 CITY OF ROSE.MEAD TEL 818-a0%-9218 P.002 CITY OF ROSEMEAD UNDERTAKING AGREEMENT THIS AGREEMENT made and entered this day of., 1 9by and between the CITY OF ROSEMEAD, State of California, acting by and through its City Council, hereinafter referred to as 'CITY' and EVERLAND INC. (NAME) 1807-A S. San Gabriel Blvd., San Gabriel Ca 91776 (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 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 all streets. highways and public ways sanitary sewerage and drainage facilities, fences, underground utilities, installation of street signs, street lights, water system, setting of survey monuments 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 deemed complete until approved and accepted as completed by the City Council of the CITY. The estimated cost to do all work and fumish all materials necessary to complete the work in accordance with plans and specifications on file in the office of the City Engineer is as shown on Attachment 'A.' 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 speed 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 in zd by reason of the nature of said work, or by reason of the acts or omissions of the CONT RACTOR, his agents, or employees, in performances of said work All of.said APR.- 15'99(THLI Il ld CITY OF ROSEMEAD TEL818-30'-9?18 P. 003 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, (lability, 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, its agents and employees, irrevocable permission to enter upon the lands of the subject land division for the purpose of completing the work. T This permission shall terminate in the event that the CONTRACTOR 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 contiotof the ground reserved for the installation of said worm 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 an Irrevocable Letter of Credit in an amount of-One-Hundred Fifty- - - - - - Sever Thousand Five Hundred Dollars (5157,500.00) to guarantee faithful performance of all the provisions of this Agreement and for the payment of all persons performing labor and furnishing material in connection with this Agreement. If the Letter of Credit, in the opinion of the CITY, becomes insufficient, CONTRACTOR agrees to replenish said Letter of Credit within ten (10) days of receiving notice that said Letter of Credit Is insufficient. - SIXTH: If the CONTRACTOR neglects, refuses, or falls 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 con- tract. 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 fea to be fixed by the Court ,r APR -IS' 99(TRII II 14 CITY OF ROSDIEAD TEL:818-30;-9218 P. 004 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 necessaryto 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 valldity of this contract or release the Surety of Sureties on any Bond attached hereto. IN WETNESS 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. Sy ~ President By Secretary - (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 Rosemead I f CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On 04/22/99 before me, Anna Choi Lo, notary public personally appeared TOM Y. LEE AND CHANGHHWA LEE ❑personally known to me - OR - ® 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 sea(. ~u / J ANNA aHa w eonnvwm @ 1140393 / ~ ~ ~"'~~=NoRry. Ribnc - Cc.;forraa 1 lll///~t~ ^r to Angeles Ca 'Y /SIGNATURE OF NOTARY ._"N? My corm E,;;'W J ^ 16.2J01 -OPTIONAL 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 DESCRIPTION OF ATTACHED DOCUMENT ® INDIVIDUAL ❑ CORPORATE OFFICER UNDERTAKING AGREEMENT TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NUMBER OF PAGES SIGNER(S) OTHER THAN NAMED ABOVE 4/22/99 DATE OF DOCUMENT r Blvd Q 1420E Valle General Bank E] 800 West 6th Street y . _ Los Angeles CA 90017 TLX: 188455 GBC UT Alhambra. CA 91801 Far. (818) 284.4632 ' - SWIFr.GBCBU562- : " " IRREVOCABLE STANDBY LETTER OF CREDIT NO - = - DATE OF ISSUE: " SD995026A.. 4 _ . T A ril 26.1999 ADVISING BANK APPLICANT - tre r a 3 1807-A South San Gabriel , : ° r an Gabriel, CA 91776: .a. _ .a..... ft tc . ; y. yr -...way . _ • r W ~ . - - - - AMOUNT UP. TO' Ctry of Rosemead 8838E Valley Blvd ? ..f.. - L Rosemead, Ca. 91770.: F~ Piav onrE ,.-..-s r- EXPIRY PLACE Gentlemen: f This Letter of Credit is aiveti to fulfill the refluirements of the City of Rosemead,. hereinafter called the-"City", and Everland Inc.:. hereinafter called the "Principal", covering certain street improvement on 3414 Eckhart Ave. Rosemead,. Ca 91770. s As required by the City, General Bank, hereinafter called the "Bankdoes hereby establish in. favor of the City, and for the account of Principal, our Irrevocable Letter of Credit No. SD995026A in the amount of 5157,500_ insuring payment of street . improvement to be paid by drafts at sight on the principal if accompanied by the following documents: The City's written statement, signed by the City Engineer, or the Clerk of the City, certifying that there has been non- performance of duties on the said works on the said project in the amount accompanying a sight draft on us and that the . amount of this draft is therefore now due and payable: Any monies received pursuant to this Letter of Credit shall be used for the installation of, and payment for, said required improvements and. for performance of all terms of aforesaid costs and reasonable attorney's fee, incurred by the City of Rosemead in successfully enforcing subject obligation to be awarded and fixed by the court, and be taxed as costs and to be included in thejudgement therein rendered. It is agreed that the above funds are on deposit in a separate fund and guaranteed for payment, and said fund shall become a trust fund for the purpose set forth herein as required by Sections 66499 through 66499.10 of the Government Code of the State of California . All drafts under this Letter of Credit shall be marked: Drawn Under General Bank: 1420 East Valley Blvd., Alhambra, CA 91801 For the account of - Everland Inc. r "I Irrevocable Letter of Credit No.: SD995026A This Letter of Credit expires one year from the date hereof and shall be deemed automatically extended without amendment for a one-year period upon such date and upon each anniversary of such date, unless at least sixtyy_(60)_days prior to such date or each anniversary of such date we notify the City Clerk in «Titing by certified mail that we elect not to so extend this Letter of Credit. Upon receipt by City of such notice City may automatically draw the full amount remaining on this Letter of Credit by a _ clean draft, with no supporting documents, and Bank will pay City upon Receipt of such draft. Principal expressly agrees with you that all drafts drawn under and in compliance with the terms of the Letter of Credit shall meet with due honor upon presentation. Excel so far as otherwise e.oressly slated, this documentary credit is subject to the 'Uniform Customs and Practice for Documentary Credits' (1993 Revision) International Chamber .1 Commerce Publication No. 500. We hereby engage wrm drawers and of bona tide holders that drafts drawn and negotiated in contormny with me-terms of Iris erect will be duly honored on presentation. The amount of each draft must be endorses, on the reverse of Mrs credit by the legalizing bank. ALL BANKING CHARGES OUTSIDE GEtIERAL BANK. LOS ANGELES. CALIFORNIA ARE FOR ACCOUNT OF THE BENEFICIARY. ADVISING BANK'S NOTIFICATION: I Pet. No., Place. Date, Name 8 Signature of the Advising Bank. Avnonce Sgna:ureslsl ~ t i Imo.. Irr, ea++ ° u:.NZ HVS ~;a. es!` n r ~o J4 y __uR STGL /Or! gP3' J 4_ 6 .a.[ C I• e j e[nTF[ ar p~ p~'I A/3~A1 ` iY ~I ~I 3Ll'D 3'YRL1.. y I~ B!VD'I` rs ( L~ wYr V'~~( 5_`: Location of s, I ' Z IT Tract 52629 tM ~c~n „rw» ~rt o... >`:`_L_m 5' _ -,:ewa ST rl 1 ri V 'S1 I I: I= c.'Anx - I` %I Crm` e 1 ~LL lu* ~r Iw _Y7_Ia,~ sr FRWY E .un s. - r'~"Tl wt-- AY ~I(w r I I _ ~ ~IAiY[Al $(ia~41 Txl AI li i IC'311M $t \;3`I Cf1Y.IM Si~ `P[twlS e4"4n .%'~1 1 al <slN I I_ STS =!~u ' ou•4 C,IL„I /',''r= ` Rv cri y~3i cw 3~,w r.• . 1`1-11 LL i z - 8 ~I el ,NI G:RVEY\` lµ.,c m~~l 1 s „I hVY Gp C%1'I Sll 'r _s 'IC. ` N .n c MT < i~l^4':!!Y Ill nY a_a CI IY ..Ir.V 'Ia AV AY\y°\OLIr•_ F.. °3] S r(4x~ n f5 FEW - AV JJ _u 64IWA•~ AV EI fA41AU4 y, IMl. T 24 ' x s .y g~ 3 r~' J--•I ~~I ~~~dwk4 6 - 13 4 g ° uac+ $T AV (RStu' RI \ i i Il r ~ 1 it ~ I I -J & 21 ~ yl > - 1 I~ J.\ ~)T1=R VAVr'~5 ~ I-^ Y S J Ilrl RONONA ~ I