CC - Item IV. H - Release Of bonds _Tract 52574 3331 Burton Ave5/
TO: HONORABLE MAYOR
AND MEMBERS
ROSEMEAD CITY COUNCIL
FROM: VA�PRII-2,2boi NK G. TRIPEPI, CITY MANAGE
DATE:
RE: RELEASE OF BONDS — TRACT 52575
3331 BURTON AVENUE
A Faithful Performance Bond and a Labor Bond and Material Bond were required to
guarantee construction of a publicly maintained sewer, sewer laterals and right of way
improvements. In lieu of bonds, an Irrevocable Letter of Credit was issued to the City in
the amount of $118,500. The improvements have been installed satisfactorily.
The City Engineer has inspected the improvements and has found them to be installed
satisfactorily. Attached are the undertaking agreement, required surety, and a location
map.
RECOMMENDATION
It is recommended that the City Council release the Letter of Credit and accept the public
sewer improvement.
Attachment
2001 rsmd /staff rpt/city
It
SEP 2 52001
fTEM No.
CITY OF ROSEMEAD
UNDERTAKING AGREEMENT
THIS AGREEMENT made and entered this 12th day of Seotemeber , 2000, by
and between the CITY OF ROSEMEAD, State of California, acting by and through its City
Council, hereinafter referred to as "CITY" and
(ADDRESS)
hereinafter called the "CONTRACTOR."
FIRST: The CONTRACTOR, for and in consideration of the approval of the final
map of that certain land division known as Tract Map 52575 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:
Private driveway, miscellaneous public right -of -way improvements, and
mainline sewer, sewer laterals and appurtenances.
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
VA,
JUL. -20' 00 (WED) 14:23 CITY OF ROSEMEAD TEL:626- 307-9218 P.003
CITY. The estimated cost to do all work and furnish all materials'necessary to complete
-the work is $78,000
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 NI 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 Wenslon thereof granted
by the City Council.
FOURTH: It is further agreed that the CONTRACTOR shell 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
JUL. -20' 00MDI 14:23 CITY OF ROSEMEAD TEL:626- 307-9218 P.004
FIFTH: it is further agreed that the ONT1RACTORhas,-_ffl9&w1ththe CITY an
irrevocable Letter- of Credit in the amount equal to $118,30%j�W 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
irrevocable Letter of Credit in the opinion of the CITY, become insufficient, CONTRACTOR
agrees to replenish said Letter of Credit within ten (10) days of the receiving notice that said
Sureties, are insufficient.
SIXTH: If the CONTRACTOR neglects, refuses, or fad 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 Co i urt
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
JUL.- 20'00(NED) 14:24 CITY OF ROSEMEAD TEL:626- 301 -9216 P.005
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 perrormance of this
agreement and affix their names, titles, and seas this day as above indicated.
f
Lanh T. TRINH
By ti 1
Yen T
(Seal) By
Long . TRTNH
Note:
SIGNATURES MUST BE ACKNOWLEDGED
BEFORE A NOTARY PUBLIC.
(ATTACH APPROPRIATE ACKNOWLEDGEMENTS)
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Acknowledgement
State of CALIFORNIA On August 4, 2000 beforeme. Sandy Lee
County of Los Angeles SS.
° "-
SAMDY LEE
0 •
coMm.etzaz9zs
0 ..
NOTARYPU1iLIC- CALIFORNIAC)
Z'
LOS ANGELES COUNTY ()
1
CGMPA. EXP. NOV. 19. 2007
(This area for official seal)
personally appeared Lanh Tich Trinh, Yen Tran and Long
Bach Trinh------------- - - - - --
Personally known to me (or proved to me on the basis of satisfactory evidence) to be
the person(s) whose names) is /are subscribed to the within instrument and acknowl-
edged to me that he /she /they executed the same in his /her /their authorized
capacity(les), 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. /2
Signature
ATTENTION NOTARY: Although the information requested below is OPTIONAL. it could prevent fraudulent attachment of this cAtllficote to another document
THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document Undertaking Agreement .
TO THE DOCUMENT DESCRIBED AT RIGHT: Number of Pages 4 Date of Document August 4, 2000
7_110001/90) Signer(s) Other Than Named Above
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q pN g ASIAN PACIFIC NATIONAL BANK
MEMBER FRB MEMBER FDIC
August 28, 2000
Ken Rukavina, P.E.
City Engineer
City of Rosemead
8838 E. Valley Boulevard
Rosemead, CA.,91770
Re; L/C # 103 $118,500.00
Tract Map # 52575
Dear Mr. Rakavina:
The above Standby Letter of Credit is issued for a period up to
one year, in keeping with our policy. '
In the event that the work required is not coupleted satisfactorily
within the one year period, you may notify this bank that you
require an extension for one more year, and that notification
should be submitted thirty days prior to its expiration.
Yours truly,
Authorized signature
MAIN OFFICE: 333 WEST VALLEY BOULEVARD, SAN GABRIEL, CALIFORNIA 91776 -3726 • (626) 457 -4888, FAX: (626)457 -1708
REGIONAL OFFICE: 17576 EAST COLIMA ROAD, ROWLAND HEIGHTS, CALIFORNIA 91748 • (626) 810 -7081, FAX: (626) 810 -8641
CITY OF ROSEMEAD
UNDERTAKING AGREEMENT
THIS AGREEMENT made and entered this 12th day of Seotemeber , 2000, by
and between the CITY OF ROSEMEAD, State of California, acting by and through its City
Council, hereinafter referred to as "CITY" and
Lanh T. Trinh. Yen Tran and Long B. Trinh
(NAME)
(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 52575 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:
Private driveway, miscellaneous public right -of -way improvements, and
mainline sewer, sewer laterals and appurtenances.
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
I
JUL. -20'00)WBD) 14:23 CITY OF ROSEMEAD TEL:626- 307 -9218 P.003
CITY. The estimated cost to do all work and furnish all materials necessary to complete
-the work is $79,000
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 CRY, 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
JUL. -20' 001W'ED1 14:23 CITY OF ROSEMEAD TEL:626-307 -9218 P.004
FIFTH: It is further agreed that the PON RACTOFU .filed:.wi the CFfY arr r
irrevocable. Letter of Credit in the amotatt equal to 91 18,500#tW guarantee faithful
perfonmanos of all the provisions of this Agreement and for the payment of all persons
perfomling labor and furnishing material In Connection with this agreement If the
irrevocable Letter of Credit, in the opinion of the CiTY, become insufficient, CONTRACTOR
agrees to replenish said Letter of Credit within ten (10) days of the receiving notice that said
Sureties, are 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 ff the CONTRACTOR
violates or neglects, refuses, or falls 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 terns 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 pardon 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 contras, that in the event it is deemed
necessary to extend the time of completion of the work contemplated to be done under this
3UL.- 20'00RED) 14:24 MY OF ROSEMEAD TEL:626- 307 -9218 P.005
contrail, 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 seats this day as above Indicated.
By
Ianh T. T=
By ^ / n�a d-,
Yen T
(Seal) By terI
L ong . T= Note:
SIGNATURES MUST BE ACKNOWLEDGED
BEFORE A NOTARY PUBLIC.
(ATTACH APPROPRIATE ACKNOWLEDGEMENTS)
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,Acknowledgement
State of CALIFORNIA On August 4, 2000 beforeme. Sandy Lee
SS .
County of
Los Angeles
„1:.
SANDY LEE
V
CauAdfi. #1242fi26
Q
NOTARYPUSL.IC- CALIFORNIAnr
LOS ANGELES COUNTY 0
i
CCUM E:IP. NOV. 19, 2000
(This area for official seal)
personally appeared Lanh Tich Trin , Yen Tran and Long
Bach Trinh -------------------
personally known to me (or proved to me on the basis of satisfactory.evidence) to be !
the person(s) whose nome(s) is /are subscribed to the within instrument and acknowl-
edged to me that he /she /they executed the same in his /her /their authorized
capocity(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. /2
Signature
ATTENTION NOTARY: Although the information requested below is OPTIONAL It could prevent fraudulent attachment of this c Ificate to another document
THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document Undertaking Agreement
TO THE DOCUMENT DESCRIBED AT RIGHT: Number of Pages 4 Date of Document August 4, 2000
Tr -1100 (11/90) Signer(s) Other Than Named Above
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A PN B ASIAN PACIFIC NATIONAL BANK
MEMBER FRB MEMBER FDIC
August 28, 2000
Ken Rukavina, P.E.
City Engineer
City of Rosemead
8838 E. Valley Boulevard
Rosemead, CA.,91770
Re; L/C # 103 $118,500.00
Tract :gap # 52575
Dear Mr. Rukavina:
The above Standby Letter of Credit is issued for a period up to
one year, in keeping with our policy.
In the event that the work required is not Completed satisfactorily
within the one year period, you may notify this bank that you
require an extension for one more year, and that notification
should be submitted thirty days prior to its expiration.
Yours truly,
Authorized signature
MAIN OFFICE: 333 WEST VALLEY BOULEVARD, SAN GABRIEL, CALIFORNIA 91776 -3726 • (626) 457 -4888, FAX: (626) 457 -1708
REGIONAL OFFICE: 17576 EAST COLIMA ROAD, ROWLAND HEIGHTS, CALIFORNIA 91748 • (626) 810 -7081, FAX: (626) 810 -8641
A PN a ASIAN PACIFIC NATIONAL BANK
MEMBER FRB MEMBER FDIC
City of Rosemead
8838 E. Valley Boulevard
Rosemead, CA., 91770
Gentlemen:
August 4th, 2000
L/C # 103
$118,500.00
Expires August 4,2001
We hereby establish our irrevocable standby letter of credit
number #103 in your favor for account of:
Lanh T. TRIM, Yen TRAM and Long B. TRIM
To the extent of U.S.$118,500.00 ( U.S.Dollars One hundred eighteen
thousand five hundred 00 /100), available by your sight draft drawn
on us, accompanied by your signed statement certifying that the
amount of the draft represents:
Non- performance of their Undertaking Agreement
dated the 4th day of August, 2000, to perform
and complete in good and timely manner, the
following work, to wit:
Private driveway, miscellaneous public right -
of-way improvements, and mainline sewer, sewer
laterals and appurtenances; for Tract Map 52575.
All drafts drawn under this letter of credit must be marked "drawn
under Asian Pacific National Bank letter of credit number #103.
We hereby engage with you that drafts drawn under and in compliance
with the terms of this letter of credit will be duly honored if drawn
and negotiated on or before 4th of August, 2001.
This letter of credit.is subject to the International Standby Practices 98,
International Chamber of Commerce, Publication No. 590.
Authorized signature
MAIN OFFICE: 333 WEST VALLEY BOULEVARD, SAN GABRIEL, CALIFORNIA 91776 -3726 • (626) 457 -4888, FAX: (626) 457 -1708
REGIONAL OFFICE: 17576 EAST COLIMA ROAD, ROWLAND HEIGHTS, CALIFORNIA 91748 • (626) 810 -7081, FAX: (626) 810 -8641
APPLICATION AND SECURITY AGREEMENT FOR Date d—Ai* adan LIC Nambar (Far evdr Use DNy)
STANDBY LETTER OF CREDIT 4th August,2000 Na. #103
plea" Inue your Irrawcable StarK" Letter of Credil an aubslamlelly
TO: ASIAN PACIFIC NATIONAL. BANK, "terms and aaeMledu sa hinted Wain
333 West Valley Blvd.. S<r- Q:briei, Calif crz:ia.
Applicant
Larh T. TRIM
Yer TRAN
Long B. TR hH
Beneficiary
CITY OF ROSEM..AD
8838 E. Valley Boulevard
Roeeaterd. CA. _ 91770
Advising Bank
AMOUNT (indlnta Cwem Type•Le.u.s.s -m specihannuenfgv andrards.)
$118,500.00
Expiratim Data
Expires at
Check one: m Available by Draft(s) drawn on you or your Correspondent at sight accompanied by the following document(s):
11 Available as follows:
By DRAFT accanpanied by statenent that Applicants have not
oerforrred and ca[mleted the IJNDE=TNG AC REEMENT dated
the 4th da3 of Ang it S{' 900(1 fnr thni- rwri-ain land rlivicinn '
known ac TRACT MAP 52575 to ..it•
Privates 9r' aar� l c rylbl is
r' vemas3tS a>7r3 m ,.1 ;
ghty_�
elan 1 t=rals and
PARTIAL DRAWINGS:
PERMITTED _ PROHIBITED X
• " " " '
Ave hereby agree to the terns and the condltlons. covenants
eo
and agreements above and In the Security /yAgmement of the reverse hern.
'\ TI LLM 2-1)p 7a' 4
Ianh T. TRIWicant - Firm N ame
M
__ C
Yen TRP ustomer • thorized 'gnature
IOng - Authorized Signature
STANDBY LETTER OF CREDIT AND SECURITY AGREEMENT
In consideration of your opening at our request a lever of credit In accordance with the terms staled on the reverse side hereof, and you or your correspondents'
ac,eptin9 or paying drafts at our request or for our accounL we, and each of us, hereby represent, warrant and agree, as follows:
I. We win pay you in lawful money of the United Stales of America at your office on demand in the case of sight drafts, and at such times before maturity as you may require to
enable you to meet payment at least one business day before maturity in the case of time drafts, an amount sufficient to pay all monies to be paid by you or your
correspondents to meet disbursements of any kind or character make or to be made pursuant to said letter of credit. together with interest, commissions, charges and any
and all such payments to be made by us.
2. We hereby grant to you a security Interest in all goods and documents, and the proceeds thereof, which shall came into our possession or control, or in which we may acquire
an interest. or which shall come Into the possession or control of you or any of your correspondents as a result of opening or in connection with any transactions under said
letter of credit or otherwise. as security (a) for all payments made or to be made by you or your correspondents pursuant to said letter of credit (b) for all interest, commission
or other charges in relation to said letter of credit (c) for any other obligations of any of us to you. At any time and from time to time, on demand, we agree to deliver, convey.
transfer, or assign to you, as security, for any and all of out liabilities hereunder or other or otherwise, which are now or may at any time hereafter be owing by any of us to you,
additional property,of a value and character satisfactory to you, or to make such payment as you may require. We will, at our expense, do, make, procure, execute and
deliver all acts, things, writing and assurances as you may at any time require to protect, assure or enforce your interests, rights and remedies created by, provided nor emanating
from this agreement , including but hot limited to execution of writings. documents and instruments required by you to perfect this security interest under the
California Uniform Commercial Code.
7My change or modifications with respect to the terms or provisions of Said letter of credit or any or the matters or things herein contained must be In writi ng and
signed by us, shall be effective only after receipt thereof and agreement thereto by you and all other concerned parties and shall have no effect upon actions taken by you or by
your correspondents prior to such receipt and shall have no effect upon the remaining terns or provision of the said letter of credit or this agreement. Any such changes or
modifications made by any of us shall be deemed to have been made by all of us.
t. To indemnify and save you andfor your correspondents harmless against and from and to pay to you andfor your correspondents on demand any and all loss, liability, damage,
cost and expense, including reasonable attorneys lees (including costs of In -house counsel], arising out of the issuance by you Of any of your correspondents of letters or
guaranty or Indemnity (including costs of in -house counsel) to enable us or our agents to obtain delivery of the property of any portion thereof In the absence of the relative
documents. We also agree to take immediate steps upon the Issuance by you or any of your correspondents of any such letters of guaranty indemnity to cause the prompt
delivery to you or your corespondents, at the case may be of the missing documents covered by such letter of guaranty or indemnify, In order that-you or your correspondents
may surender the same to the addressee of Such letters: If upon receipt of such documents covering any of the property, you fmtl such documents to be Incorrect, defective, or
not in conformity with the terms of the said letter of credit, you are nevertheless authorized to accept and/or pay the drafts(s) covering said documents with the same face and
effect as though such documents were In full and exact compliance with the terms of the said letter of credit.
S. Upon any default by any of us in any of the understandings herein set forth, or upon the failure of arty of us forthwith, with a without notice, to furnish satisfactory additional
collateral a to make payments on account as herein agreed to perform or comply, with any of the other terms of provisions of this agreement or in the event of failure In
business, dissolution. termination of existence or insolvency of any of us, or in case any petition in bankruptcy should be filed or against any of us, or any proceeding in
bankruptcy or under any Acts of Congress relating to the relief of debors should be commenced for the relief or readjustment of any indebtedness of any of us either through
reorganization, composition, extension, arrangement or otherwise, or if any of us should make an assignment for the benefit of creditors; or lake advantage of any insolvency
law, or if a receiver or any of our property should be appointed at any time, or if any of our hinds or other property which may be in or come into your possession or control or
that of any Him part' acting on your behalf as aoresu;d should be attached or distrained or should be or became subject to arty mandatory order of court or other legal process,
then, or at any time after the happening of any such event any or all of the aforesaid obligations andfor liabilities of each of us shall, at your option, become due and payable
immediately, without demand or notice: and you shall have the remedies for a secured parry under the California Uniform Commercial Code and fun power and authority are
hereby given you to the Ng extent permissible by law to sell, assign, and deliver all or any of the property hereinbefore referred lo, or any substitutes therefor, or any additions or
accessions thereto, or any other property upon which you have hereinbefore given alien or security interest. at any public or private sale, at your option, either for cash or on credit
or for future delivery, without assumption of any credit risk, and to the NII extent permissible by law, wil out either demand, advertisement or notice of any kind, ail of which are hereby
expressly waived. At any such sale, you may, at your sole discretion, to the full extent permissible by law, purchase the whole or any part of the property sold, free from any right or
redemption on our part, an Such rights being also hereby waived and released. In the event of any sale or other disposition of any of the property as aforesaid, after deducting an
cost or expenses of every kind for retaking, holding, care, safekeeping, conection, preparation for sale, sale, delvery or otherwise, Inducting reasonable attorneys' fees and legal
expenses (Including cost of In -house counsel] incurred by your connection therewith, yai may apply the residue of the proceeds of the sale a other disposition thereof to the
payment a reduction, either in whole or in part of all or any of our obligations and/or liabilities, whether then due or not due, making proper allowance for the interest on obligations
or liabilities not than due, and returning the surplus, if any, to us or to the person or persons entitled thereto: an without prejudice to your right against us with respect to any
and all amounts which may be or remain unpaid an any of our said obligations and/or liabilities. No delay on your part a that of any assignee or transferee hereunder In exercising
arty rights a options under this agreement shalt operate as a waiver of any such rights or prejudice your rights or against us.
8.You are hereby authorized, at your option and without any obligation to do w, to transfer to and/or register in the name of your nominee all or part of the property which
you may be held by you as security at any time hereunder, and to do so before or after the maturity of any of the Said obligations and/or IlabiGnes and with or without notice.
7.You shall not be deemed to have waived any of your rights hereunder unless you or your duly authorized agent have signed such waiver in writing. No such waiver, unless
expressly so stated therein, shall be effective as to any transaction which oaxrra Subsequent to the date of such waiver nor as to any continuance of a breach afte such waiver.
S. Said Letter of Credit shag be subject to and performance by you, your correspondents and the beneficiaries Hereunder shall be governed by the "Uniform Customs
an practice for Documentary Credits' as adopted from time to time by the international Chamber of Commerce.
9. You may assign or transfer this agreement. or any Instrument and/or document evidencing all or any of the aforesaid obligations and/or liabilities, and may deliver an
or any of the property than held as security therefor to the transferee, who shall thereupon become vested with all the powers and right in respect thereto given you herein or in
the instrument and/or document transferred, and you shag Hereafter be forever refieved and fully discharged from any lability or responsibility with respect Hereto, but you
shall retain ad rights and powers hereby given with respect to any and all InsWment documents, rights or property hot so transferred.
10. We hereby authorize and appoint you to act as our agent In obtaining and canceling Insurance and adjusting and settling tosses under the Insurance an any of.the property
referred to In this agreement and in endorsing and negotiating any documents or instruments necessary to permit cooectlon of proceeds of colateral.
11. This agreement shag be binding upon us as well as upon our legal representatives, successors and/or assigns, shag be =aimed as the joint and several obligation
matters of Cams WUOn, validity and performance. M phis agreement is signed by one individual the cams "we. "our". and 'us' shall be read throughout as *r. "n yr and'me'
as the case may be.
12. MUTUAL WAIVER OF RIGHT TO JURY TRIAL We hereby waive the right to trial by jury in any action or proceeding based upon, arising out of or in any way relating to:
(i) this Commercial Letter of Credit and Seamy Agreement or (it) any other present or future instrument or agreement between us and you; a (im7 any conduct, acts or
omissions of us of you or any of your directors, officers, employees, agents, attorneys or any other persons affiliated with you; in each of the foregoing cases, whether
sounding in contract or tort or otherwise.
CC -F REQUEST FROM CONSOLIDATED DISPOSAL SERVICES (CDS) FOR
ANNUAL ADJUSTMENT OF RESIDENTIAL AND COMMERCIAL
REFUSE RATES
CC -G RENEWAL OF AGREENIENT— STREET TREE MAINTENANCE
'tttk.'CC-lI RELEASE OF BONDS — TRACT 52575; 3331 BURTON AVENUE
CC -K AUTBORIZATION TO ATTEND Wu ANNUAL INFORMATION .
DEVELOPMENT CORPORATION USER CONFERENCE, NOVEMBER
5-7,200t, SAN DIEGO
CC -L AUTHORIZATION TO ATTEND CALIFORNIA PUBLIC EMPLOYEES
LABOR RELATIONS ASSOCIATION ANNUAL TRAINING
CONFERENCE, NOVEMBER 6-9,2001, MONTEREY
MOTION BY MAYOR PRO TEM BRUESCH, SECOND BY COUNCILMAN
VASQUEZ that the Council adopt the aforementioned items on the Consent Calendar.
Vote resulted:
Yes: Bruesch, Taylor, Imperial, Clark, Vasquez
No: None
Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
CC -1 ACCEPTANCE OF BID AND AWARD OF CONTRACT FOR TRAFI %IC
SIGNAL IMPROVEMENTS A'1' THE.INI'ERSECI'ION OF HELLMAN
AND JACKSON AVENUES AND AT TILE ENTRANCE TO THE
GARVEV COMMUNITY CENTER AND CITY -WIDE SCHOOL
SIGNAGE
Councilman Taylor confirmed that the City received only one bid for this project.
Ken Rukavina, City Engineer, responded that this was the second time this project was
bid. The first time, no one turned in a bid. The project was then re- advertised and one bid was
received, even though the large traffic signal contractors purchased plans and specs.
Councilman Taylor requested a list of the contractors that took out plans and specs the
first and second times.
MOTION BY MAYOR PRO TEM BRUESCII, SECOND BY COUNCILWOMAN
CLARK that the Council accept the bid and award the project to L.A. Signal, Inc., in the amount
of $345,384.00; and authorize the Mayor to sign the contract on behalf of the City. Vote
resulted:
Yes:
Bruesch, Taylor, Imperial, Clark, Vasquez
No:
None
Absent:
None
Abstain: '
None
The Mayor declared said motion duly carried and so ordered..
CC -J APPROVAL OF SCANNING SERVICES
Councilman Taylor asked if once the 102,000 pages are scanned, will the originals be
stored oft site, and will the items now stored at Iron Mountain be scanned too. Mr. Taylor asked
what the other documents are to be scanned. Mr. Taylor requested that this item be deferred to
the next meeting.
CCAGENDA:945 -01
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