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CC - Item 4G - Release of Cash DepositE ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: OLIVER CHI, INTERIM CITY MANAGER l7`^t.Fr~ DATE: FEBRUARY 12, 2008 SUBJECT: RELEASE OF CASH DEPOSIT -TRACT MAP 54046 5016 EARLE AVENUE SUMMARY A Faithful Performance Bond and a Labor and Material Bond were required to guarantee construction of curb and gutter, sidewalk, driveways, and survey monuments for Tract Map 54046. In lieu of bonds, a cash deposit was provided , to the City in the amount of $ 49,350. Staff Recommendation Staff recommends that the City Council accept the public improvements and release the cash deposit. ANALYSIS In accordance with the Conditions of Approval for Tentative Tarcel Map No. 54046 approved by the Rosemead Planning Commission on June 17, 2002, the subdivider is required to construct curb and gutter, sidewalk, driveways, and survey monuments subsequent to recordation of the tract map. On March 18, 2003, the subdivider executed an Undertaking Agreement (Attachment A) 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 cash deposit in the amount of $ 49,350. 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: e Wang, E. City Engineer APPROVED FOR CITY COUNCIL AGENDA: I 0 City Council Meeting February 12, 2008 Paqe 2 of 2 y: Sgrli~ BAssistant City Manager Attachment A: Undertaking Agreement & Receipt of Cash Deposit CITY OF ROSEMEAD UNDERTAKING AGREEMENT THIS AGREEMENT made and entered this I . day of C I~ 2003, by and between the CITY OF ROSEMEAD, State of California, acting by and through its City Council, hereinafter referred to as "Crrr and t2~s C MC2-- pr . 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 NO 54046 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: Miscellaneous public right-of-way improvements including curb, gutter, sidewalk, driveways 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 $32,900 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 officer` 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. 3 Cor/, FIFTH: It is further agreed that the CONTRACTOR has filed with the CITY a Be Koster., cf Deposit in an amount equal to $49,350.00 (Forty Nine Thousand Three Hundred and Fifty Dollars) 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 Certificate of Deposit, in the opinion of the CITY, become insufficient CONTRACTOR agrees to replenish said Certificate of Deposit 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 saic 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 Suretythen 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, orhave not been performed satisfactorily, shall be contusive 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 seats this day as above indicated. 03 By By (Seal) Note: SIGNATURES MUST BE ACKNOWLEDGED _ BEFORE A NOTARY PUBLIC. (ATTACK APPROPRIATE ACKNOWLEDGEMENTS) yor of the of R mea Attested City Clerk of a City of Rosemed CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Calif ' yntl , ~ County of ss. ~ On before pals / Neme aM/TJnleJoy Dlfrcer 1e.,'J.. pue, Notary Pudic) personally appeared d ~~`(f/-/-)G..~-' m No.(.) d slYnana) ❑ ersonally known to me proved to me on the basis-of satisfactory evidence NANCY VALDERRAMA Commission # 1378733 _e Notary Public - Colifomia Los Angeles County My Corryn ExpcesOO 30.2005 to be the perso0) whose name is/S%- subscribed to the within instrument and acknowledged to me that he/sflFi/l executed the same in his/h'p 2~r1 authorized capacity(ifi), and that by his/119FAM signature(s . n the instrument the persoA%), or the entity (upon behalf of which the person(" acted, executed the instrument. WITNESS m and an officiallsseal. a -~L_ ~rip,,.wre m Nuan PuNm 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 Documen r [N' t Document Date: Signer(s) Other Than Named Above: Number of Pages: Capacity(ies) I`m'ed by Siiggn~e~r, Signer's Name: Individual CD Corporate Officer-Title(s): ❑ Partner - ❑Limited 0 General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Top of thump here 0 1999 Nallmal Natal, Asso[oom • 9350 be Soto Ave.. P.O. six 2402 • pngp vo4h. CA 9131}2W aa9onalnopl n RoE. No. 5937 Aapok Gall To14Fm 1401Fe7"1127 TO WHOM IT MAY CONCERN This is to certify that David H. P. Shu has been authorized to sign on my behalf and also on behalf of Real Progress, Inc., all legal documents in connection witlithe property located at 5016 Earle Ave/5089 Walnut Grove Ave.,. Rosemead, for the building project named' "WALNUT GROVE INDUSTRIAL PARK". Joseph T. S. Win, President Real Progress, Inc. Date: P3.1.1.a Q3 Witnessed by: Faustm Wm, Secretary Real Progress, Inc. I Date:..... t?3.I..13..~ 63... STATE OF CALIFORNIA, COUNTY OF LOS ANGELES WITNESS my hand and offrC alU seal. Signature: ARTHUR A.W. S NOTARY PUBLIC ~ARTHUR X W. SHU commission* 1356399 Notary Public. califtmML Loa Ang*k- eoumy MVCanm, E•aPia+ M~ 26, 2MS DATE: March 13, 2003 • RECORDING REQUESTED BY: V WHEN RECORDED MAIL TO: DAVID H.P. SHU 5009 WALNUT GROVE AVE SAN GABRIEL, CA 91776 ORDER NO. ESCROW NO. POWER OF ATTORNEY - SPECIAL VWe JOSEPH T. S. WIN hereby appoint DAVID H. P. SITU , as my/our exclusive, true and lawful attorney-in-fan to act in my/our capacity, for me/us and in my/our name, to dispose of my/our entire ownership. interest in that certain real property at 5016 EARLE AVE/5089 WALNUT GROVE AVE., ROSEMEAD. CA 91770, also wiled WALNUT GROVE INDUSTRIAL - PARK, ROSEMEAD, legally described as: SEE ATTACHED EXHIBIT "A" Said attorney-in-fact shall have the power to enter into and execute any contract, agreement, note, conveyance, assignment, deed, deed of trust, . mortgage, lease, escrow instructions, bank depositor agreement and any and all other instruments or documents as shall be necessary or convenient to buy, sell, exchange, convey, transfer, assign, encumber, hypothecate or lease the above mentioned real property. THIS POWER OF ATTORNEY shall include the power to mortgage, transfer in trust, or otherwise encumber or hypothecate the real pioperty described above to secure payment on any negotiable or non-negotiable Note or performance of any obligation or agreement in connection with the disposition of the above mentioned property. I/We, also give and grant onto said attorney-in-fact, full power authority to do and perform all and every act and thing whatsoever requisite, necessary or appropriate to be done in the exercise of the foregoing power in regard to the above mentioned property as fully to all intents and purposes as I/we might or could do if I/we were present, hereby ratifying and confirming all that my/our said attorney shall lawfully do or cause to be doneby virtue hereof. _ THIS POWER OF ATTORNEY is effective immediately upon the execution hereby and shall remain in full force and effect until and including unless sooner terminated by my/our giving written notice of such termination to said attomey-in-fact. DATE: March 13, 2003- . STATE OF CALIFORNIA } } ss. COUNTY OF LOS ANGELES ) On 03/13/2003 before me, Arthur A.W.Shii personally appeared 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 mpacity(ies), and that by his/her/there .signature(s) on the instrument the person(s) or the entity upon beha}f~Of which the person(s) acted, executed the itsuummL ' 1 WITNESS my hand and official seal. Signature JOSEPH T.S. WIN ARTHURA.W. SHU Commlaslon 9 1358399 Notary Public - California - Los M9aktr Caunty 1RtrCarrrn. EVk= May 26, 2008 (Ibis arm for official notarial seal) Document l J J m o W O I o L t m Um Z N Q e m 0 b N N=~ m W a^ 1 t` sv Q>a oaJ O>W ¢O- aom < ~i o Jim <zz W G p 4 p 2 3 0 CIS m °o `IL ~,~„A i V ~o W 0 W 6 = 1 b Y1 -p ao~ 2 O m ; C c0 m .n k O 1~4 1. N .a 1'1.1 ru 1 1 m~ O O !,r J p MAP _ICy`i - This Receipt must be Machine Validated TRAN. CODE DESCRIPTION ACCT.CODE 1000 Building Penult Fees 4710-3224 9040 Admn: Other Revenue (Misc.) (COPY) 4110-3985 . 1010 - Bldg-Public Works Permits 4720-3255 9910 Refundable Deposits 81-2300 1520 Bldg-Occupancy Permit Fees 471 0-3256 1525 Strong Motion Fees 4710-3813 4020 Class Registration 4840-3943-P51501 4000 Adult Sports Fee 4840.3942-P51401 - 4030 - Exmmions 4840-3944-P51601 4010 Building Feld Rental 4820-3514-P51001 9000 Business License 4130-3035 1511 Plan-Occupancy Permits 4700.3256 f r