HomeMy Public PortalAbout09) 7E Release Surety Bonds and Other Security For Tract No 71792 6128-6130 Temple City BlvdAGENDA
ITEM 7.E
COMMUNITY DEVELOPMENT DEPARTMENT
DATE: December 2, 2014
TO: The Honorable City Council
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FROM: Bryan Cook, City Manager
Via: Michael D. Forbes, AICP, Community Development Director
By: Ayla Jefferson, Chief Building Official
SUBJECT: RELEASE OF SURETY BONDS AND OTHER SECURITY FOR TRACT
NO. 71792 FOR THE PUBLIC IMPROVEMENTS AT 6128-6130 TEMPLE
CITY BLVD
RECOMMENDATION:
The City Council is requested to
a) Approve the work that has been completed and accept the public improvements
for public use;
b) Authorize the partial release of the Performance Bond in the amount of $64,650,
Bond No. 388067-S, dated April 9, 2013, issued by Indemnity Company of
California for Tract No. 71792; and keep 25 percent of said Performance Bond in
the amount of $21,550, as required per Section 12.2 of the Subdivision
Improvement Agreement; and
c) Authorize the release of the Labor & Material Bond in the amount of $43,100,
Bond No. 388067-S, dated April 9, 2013, issued by Indemnity Company of
California for Tract No. 71792.
BACKGROUND:
1. On April 9, 2013, Dexter Temple City LLC (developer), submitted a Performance
Bond in the amount of $86,200 for Public Improvements for Tract No. 71792. The
Performance Bond was provided to guarantee the faithful performance of the
Public Improvements and all the provisions of the Subdivision Agreement for Final
Tract Map No. 71792. Per Section 12.2 of the Subdivision Improvement
Agreement, 25 percent of the estimated costs shall be retained until the end of the
warranty period of one year following completion of the work and acceptance by
the City.
City Council
December 2, 2014
Page 2 of 3
2. On April 9, 2013, the developer submitted a Labor & Material Bond in the amount
of $43,100. Per Subdivision Agreement Section 12.3, Labor & Material Bond is
required to secure payment to the contractors, subcontractors, laborers, and other
persons furnishing labor, materials, or equipment for performance of the Public
Improvements. The Labor & Material Bond may be released six months following
completion of the work and acceptance by the City.
3. On May 8, 2014, the permits were finalized by the City; the warranty period will
end on May 8, 2015 and the remaining portion of the Performance Bond may be
release only after May 8, 2015.
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Per Temple City Municipal Code Section 9-2-12, with respect to any subdivision, lot
split, or other division of land, for which certain improvements are required, the City
Council, in its discretion, may execute an agreement with the subdivider or other
qualified person, providing for the construction of such improvements; provided that any
such agreement shall contain provisions concerning security for the construction of
such improvements.
On March 15, 2013, a Subdivision Improvement Agreement was executed requiring a
Performance Bond in the amount of $86,200 and Labor & Material Bond in the amount
of $43,100.
Those bonds are ready to be released in accordance with terms of conditions cited in
Subdivision Improvement Agreement Sections 12.1, 12.2 and 12.3.
CONCLUSION:
The City has approved the work as completed, accepted the public improvements for
public use, and may partially release the security deposit in the amount of $64,650 filed
for Performance Bond and retain a portion thereof in the amount of $21,550 until May
8, 2015, when the warranty period will terminate and the remainder of the Performance
Bond may be fully released. The Labor & Material Bond may be released in full in the
amount of $ 43,000.
FISCAL IMPACT:
This item does not have an impact on the Fiscal Year (FY) 2014-15 City Budget.
City Council
December 2, 2014
Page 3 of 3
ATTACHMENTS:
A. Letter Confirming Building Permits Finalized on May 8, 2014
B. Copies of the Bonds
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i, og K CITY OF TEMPLE CITY, CALIFORNIA
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Community Development Department
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4trFORN�P
November 7, 2014
Public Improvements
Parcel Map No. 71792
6128-6130 Temple City Blvd.
To: The Honorable City Council
ATTACHMENT A
9701 Las Tunas Drive
Temple City, California 91780
Phone 626.285.2171 Fax 626.285.8192
www.templecity.us
The construction of the Public Improvements for Parcel No. 71792, guaranteed by the
securities below have been completed in compliance with the approved plans and
specifications and permits finaled on May 8, 2014.
It is recommended that the City Council:
1. Approve the work that has been completed, and accept the public improvements for public
use and maintenance.
2. Approve the release of the following portion of the lasted securities.
Tract Map No 71792 Public Improvement Performance Bond
Bond No.:
Original Performance Bond Amount:
Partial amount approved to be released:
Financial Institution:
Material and Labor Bond
Bond No.:
Original Faithful Performance Amount
Amount approved to be released:
Financial Institution:
388067-5
$86,200
$64,650
Indemnity Company of California
386467-5
$43,100
$43,100
Indemnity Company of California
Please instruct the City Clerk to send a copy of the City Council's action on these
recommendations to the Depositor, Financial institution.
Respectfully,
Ayla Jefferson, CBO
Chief Building Official
ISSUED IN THREE (3) ORIGINAL COUNTERPARTS
ATTACHMENT B
BOND NO. 388067-S
INITIAL PREMIUM: 2,586.00 FOR (2) YEARS
SUBJECT TO RENEWAL
CITY OF TEMPLE CITY
TRACT MAP NO. 71792 IMPROVEMENTS
FORM OF PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: .
WHEREAS the City of Temple City, California ("City") and
DEXTER TEMPLE CITY, LLC ("Principal"), have executed an agreement for work consisting
of, but not'limited Jto, the furnishing all labor, materials, tools, equipment, services, and
incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary
sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other
required facilities for Tract Map No. 71792 ("Public Improvements");
WHEREAS, the Public Improvements to be performed by Principal are more particularly
set forth in that certain Subdivision Improvement Agreement dated MARCH , 2013
("Improvement Agreement");
WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein
by reference; and
WHEREAS, Principal is required by the Improvement Agreement to provide a good and
sufficient bond for performance of the Improvement Agreement, and to guarantee and warranty
the Public Improvements constructed thereunder.
NOW, THEREFORE, Principal and INDEMNITY COMPANY OF CALIFORNIA ("Surety"),
a corporation organized and existing under the laws of the State of CALIFORNIA , and duly
authorized to transact surety business under the laws of the State of California, are held and
firmly bound unto City in the sum of EIGHTY SIX THOUSAND TWO HUNDRED NO/100 Dollars
($ 86,200.00 ) said sum being not less than one hundred percent (100°/x) of the `hal cost of
the Public Improvements as set forth in the Improvement Agreement, we bind ourselves, our
heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION is such, that if Principal, his or its heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and
well and truly keep and perform the covenants, conditions, agreements, guarantees, and
warranties in the Improvement Agreement and any alteration thereof made as therein provided,
to be kept and performedat the time and in the manner therein specified and in all respects
according to their intent and meaning, and to indemnify and save harmless City, its officers,
employees, and agents, as stipulated in the Improvement Agreement, then this obligation shall
become null and void; otherwise it shall be and remain in full force and effect.
SUBDIVISION IMPROVEMENT AGREEMENT
As part of the obligation secured hereby, and in addition to the face amount specified
Iherefor, there shall be included costs and reasonable expenses and fees, including reasonable
attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as
costs and included in any judgment rendered.
Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and
specifications related thereto, or to the Public Improvements to be constructed thereunder, shall
in any way affect its obligations on this bond, and it does hereby waive notice of any such
change, extension of time, alteration, or addition.
This bond is executed and filed to comply with Section 66499 et seg. of the Government
Code of California as security for performance of the Improvement Agreement and security for
the one-year guarantee and warranty of the Public Improvements.
IN WITNESS WHEREOF, the seal and signature of the Principal is hereto affixed, and
the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized
Attorney -in -Fact at COVINA, CA , this 9TH day of APRIL 2013
DEXTER TEMPLE CITY, LLC INDEMNITY COMPANY OF CALIFORNIA
Principal Surety
By: By
Its: Managing Member Attorne ct
CHARLES HUAN IDENT PHILIP E. VE A
(print name) (print name)
NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION
BY PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF
ATTORNEY TO LOCAL REPRESENTATIVES OF THE BONDING
COMPANY MUST BE ATTACHED TO THIS BOND.
2 SUBMVISION IMPROVEMEM' AGREEMENT
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725, IRVINE, CA92623 (9-09) 263-3300
KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each
hereby make, constitute and appoint:
***Jadon H. Smith, Philip E. Vega, Frank Morones, Britton Christiansen, jointly or severally***
as their true and lawful Attomey(sLin-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporatans, as sureties, bonds, undertakings and contracts of surely -
ship giving and granting Old said Allorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of
said corporations could do, lint reserving to each of said corporations full power of substitution and revocation, and at of Me acts of said Attorney(sNii-Fad, pursuant to these presents,
are hereby rattled and confirmed.
This Power ofAllomey is granted and is signed by facsimile under and by authority of the following msolutons adopted by the respective Boards at Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008.
RESOLVED, that a combination of any two of the Chairman of the Board, the President, Exseutve Vice -President, Senior Vice -President or any Vice President of the
corporations be, and that each of them hereby Is, authorized to execute this Power of Attorney, quarifying the altorney(s) named in the Pavia of Attorney to execute, on behalf of the
corporations, bonds, undertakings and contacts of suretyahip; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby Is, authorized
to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power o(Attomey or to any ced4tcate relating thereto by facsimile, and any such
Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any band, undertaking
or contract of suretyship to which it Is allached,
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by
their respective officers and abraded by their respective Secretary or Assistant Secretary this January 1st, 2008,
By./
Baniel Young, Vlce-President
By:
Stephen T. Pale, Simia-Vice-President
State of Catfomla
County of Orange
On January 31. 2011 before me,
Date
Personally appeared
AIOALVARADO
NTONQMM. # 1860643
3 NOTARYPUBLiCCALIFORNIA
Opt"ECOUNTY s
jl MY comm. expires Aug. 9, 2013
Place Notary Seal Above
OCOT.
1936
OCT. 5
1967
Antonio Alvarado. Notary Public
Here Insed Name and The of the Officer
Daniel Yourm and Stephen T. Pate
Name(s) of Slgner(s)
who proved to me an the basis of satisfactory evidence to be the person(s) whose name(s) Islare subscribed to
the within Instrument and acknowledged to me that he/shellhey executed the same M hlstherAheir authorized
capadly(ies), and that by hisrherhhelr signsture(s) on the instrument the persor(s), or the entity upon behalf of
which the person(s) acted, executed the Instrument.
I ceNfy, under PENALTY OF PERJURY under the laws of the Stale of Catifamla that the foregoing paragraph Is
We and coned.
WITNESS my hand and ofhdal said.
Signature
CERTIFICATE
64aw'V4-
Antonio Alvarado, Notary Public
The undersigned, as Secretary orAssialanl Secretary of DEVELOPERS SURETYAND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA does hereby
certify, that the foregoing Power ofAttomey remains In full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of
said corporadans set forth in the Power of Atomey are in tome as of the date of MIs Certificate.
A,;,
This Cenificate is executed In/thpeeCCkiyo?IIrvine, CCalifornia, this 9TH dayot APRIL, 2013
By: � C/ �i.U�sislant Secretary _
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