16-0209_SNYDER LANGSTON_Staff Bond Release MemoMEMORANDUM February 9, 2016
TO: Maria Morris, City Clerk
Christy Jakl, Deputy City Clerk
FROM: Joe Mankawich, Associate Engin
CC: Thom Coughran, Interim Public s and Utilities Director
George Alvarez, City Enginee
SUBJECT: Bond Release— Medical Office Building Offsite
The developer, Snyder Langston, has completed all improvement work as required by
the Conditions of Approval and the Grading Surety Agreement for the Medical Office
Building located at 31001 Rancho Viejo Road. The improvements have been inspected
and have been found to be completed per City standards and to the satisfaction of the
Public Works & Utilities Department. As such Permit E14-0052 has been finaled and
signed off by the Public Works & Utilities and Community Development Departments.
With the completion of the improvements the bond release is recommended as follows:
SURETY COVERAGE
(Liberty Mutual Insurance Company)
Bond Number Tvoe of Imorovement Bond Amount
Bond #24056895 Offsite Public Improvements $ 147,600
The City requires that the owner/developer provide a one-year warranty of this work.
The developer has supplied warranty bonds totaling $14,760 (10% of the original
improvement costs) to cover the costs of any warranty issues over the next year
(Attached).
MAINTENANCE BOND Bond 24056895-M
KNOW ALL BY THESE PRESENTS, That we, Snyder Langston, LP
as Principal, and Liberty Mutual Insurance Company
a corporation organized under the laws of the State of Massachusetts
the State of California
and duly authorized to do business in
, as Surety, are held and firmly bound unto City of San Juan Capistrano
as Obligee, in the penal sum of Fourteen Thousand Seven Hundred Sixty Dollars And Zero Cents
( $14,760.00 )
to which payment well and truly to be made we do bind ourselves, our and each of our heirs, executors, administrators, successors and
assigns jointly and severally, firmly by these presents.
WHEREAS, the said Principal entered into a Contract with the
City of San Juan Capistrano
for Offsite Public Improvements Permit No. E14-0052
WHEREAS, said Contract has been completed, and was approved on
day of
dated May 19, 2014
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall guarantee that the work
will be free of any defective materials or workmanship which became apparent during the period of One (1)
year(s) following completion of the Contract then this obligation shall be void, otherwise to remain in
full force and effect, provided however, any additional warranty or guarantee whether expressed or implied is extended by the Principal
or Manufacturer only, and the Surety assumes no liability for such a guarantee.
Signed and sealed this 14th day of January , 2016
Snyder Langston, LP
(Seal)
(Seal)
(Seal)
Liberty Mutual Insurance Company
By
Heather Saltarelli Attorney -in -Fact
..
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1169
A notary public or other officer completing this certificate ver fes only the identity of the Individual who signed the
document to which this cedificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of __Orange
On ----JAN 14 2016 Lekim H. Luu, Notar hlic
-__--__,before me, _. _ YPu
, _
Date Have Insert Name and Title of the Officer
personally appeared
Name(s1 of Sign ir(sl
who proved to me on the basis of satisfactory evidence to be the person whose name(ti)isfare
subscribed to the within instrument and acknowledged to me that he/she/Il0 executed the same in
his/her/their authorized capacity(ft, and that by his/her/tkeir signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
LENIM N. LW ,/
Comminlon s 21351/34 (/f�l/�
Notary Public - CtlNorbb Signature,._...___.
orange County Signature of Notary Public
M Comm. Ex IM On 3 2019
Place Notary Seal Above
OP17ONAL
Though this section is optional, completing this information can dater alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Documant
Title or Type of Document: Document Date:
Number of Pages:.__ Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Corporate Officer — Title(s):
Partner — Limited General
Individual x Attorney in Fact
Trustee Guardian or Conservator
Other.
Signer is Representing
Signer's Name:_______
Corporate Officer — Title(s):
Partner — Limited General
Individual Attorney in Fact
Trustee Guardian or Conservator
Other: _
Signer Is Representing:
02014 National Notary Association • www.NallonalNotary.org • 1 -800 -US NOTARY (1.600-876.6827) Item #5907
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Parer d Atbmoy limb the ads d those named heron, and they have no aathortly to mind to Company excW Into manner ad to the exbnt herein:abed.
CertiAcale No. 7218554
American In and Casualty Company
The Ohio Casualty Insurance Company
Liberty Mutual Insurance Company
West Amerman Insurance Company
POWER OF ATTORNEY
IWM ALL PERSONS BY THESE PRESENTS: TWAmatcmn Fre d Casualty Company and The Ohio Casually Irraaanee Company aro eoiporations duty organized ander Ota laws
of to State of Now Hampshire. that Ubaty htnbul lnsuranee Campay a a eapordon day pWmad user Ore laws of ate Stats or Massadaseca, and West American Inswafoe
Canpay is a eorpordon day organized order Ore Was or the SWa® of Ghana Oweln mbcW* cared Ota Companies'}, pusuad to and W offl onty harem set forth, does hereby
mane, mmule ad appoint "F4honda C. Abel, Jeri Aaodaca. hili htchael_D. Paddrio. James A. Schaller. R;arhelle Rhaautt. Kim Luu-
alldthecibrofftalort stale of Callomia each IndAdualy O Orem be more than one named, Its ON and IMAM atmmayin�fadt to make, mtaeub, NO. edre*%* and delve.
for and an b boW as wooly and as Its ad and deed, any and all a dertsknpa, bonds„ mcogrdzences and oeha mew obkowns. in pursuance of these puma end shall be as
biding upon Ota Companies as 11" have been duly signed by Oe presidentand agesled by Ota secretary d the Companies In Oneirown p operpom
W WITNESS WHEREOF, to Power Of Atbmn has been subsafbed by an aufatmd ofdca or d5cW of the Companies and the corporal seals of the Campanies have been d1bad
t etoftMdayd M.
American Fire and Casualty Company a
`��►ND CA ftNSyqr NISI/ 07/Tn'
The Ohio Casualty Insurance Company
t AA Uberly Mutual Insurance Company
1906 a 1912 1919 W eync�anInsurance Company
* t David U. Caray, Assistant Secretary
STATE OF PENNSYLVANIA ca
COUNTY OF MONTGOMERY
til On ft am day of >J, before me perwaly appeared David M. Carey. who acknowledged himself b be the Assistant Secretary of American Fire and Casually
Conpaty. r Mutual lnsft= Company, The Ohio Cawffiy Company, and weal American Gtsurratee Company. and Mat he, as such, being antral W oro to do, execute the
's ktregang nstrame d for the paryases therein contained by snag on behaO dthe cotpoodons by MmsW as a duly ahrlhartted ogloer.
IN WITNESS WHEREOF, I have hetelmto sabsaibed my name and Axed my notarial seal at PymmA Meeting, Perfsyylcmle, on the day and year first above w Men.
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= Ms Power Of Abmey is made and executed pursuant to and by ahnlhaAy of Oro tolowig By4aws and Authmtradons d American Fire and Casualty CmWy. The Ohb Casualty
feauaroa Company, Liberty MAW Insurance COMM. and West Affe an Itfsmamce Compaq which rasokwa aro now in kd face and oft reading as follows
ARTICLE N — OFFICERS — Section 12. Power d Atbmey. Any officer or other d bal of Ota Corporation adaized for that purpose in woq by the Chairman or the Resdanl and
i C thubjed b such dnhdation as Ole Chakmal a the PresWaq may tuesor", shad appoint such necessary b uHad, as maybe necessact in behalf of Oe Corporation to make. Moab.
E seat, admowledge and delve as any ay and al udalkig% bolds, recogniratces and oft surely obi. Such alum ysb►4ect, suged b Ore knla m set b M n WS mspectNe;owes daft", shall have ilA power b bind the Caporation by tier somare mrd exeaoiaf deny such insbunerts and to alladh Ofaeto the seal d Ore Corporation
.b When oro a embd, such knsGum nis shall boas biding as O signed by the President and aOasted to by Ota Seaebry. Any poweror aftft granlsd to any replt" or atlontey-
k -W oda to F&SIons dtnis article maybe reviled at any time by the Bond. the Charman, the Pm Went a by Ona d5w or oft es g such power a auOhodty.
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ARTICLE X111— BnvAon d Contract — SECTION S. &all Bads and Underialkp. Any oAroer d Ote Canpary aMwtmd for that pupnse n w*q by ft durman or the
president, and SW to such fthsbd= as One didnfan or the prosident may pnesaibe. Oal appoint such egomeyseftf, as may be mscesM to ad in bdhall d Ole carom to
maks. exeade, teal, adraAtedge mad dellw as surety any and all , bonds. recognaamoes and oft=* obSgaOons. Such agomeyWad aWbMel fl i m m led
Z tai "In their respeclke powds d attorney, shall here knl powerto Died the Company by Meirsoaane and exembon d any such nsInment ad b atn h thereto the seal d the
Company When so exeaded stuh i showds shallbe as being as a signed by the presI N land aftesbed by One seaebty.
CuOBate of Designation - The President of Ole Compaq, acting pusuatt to the Bylaws of the Company, authorizes David M. Cary, Assistant seaefay to mm such aOsmeys.
bndset as may be wressmry to act on behest d Ice Company to mala, awadm. seal. adoawledga and dtdm as shady any arta all undetaknV, bonds, reaogtdzences and aha
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tate Cartpay, whaeva appeartng upon ax 5,11, copy d any powerd aawM issued by Oro Compaq In emwc ton mlh uny bads. shot be veld ad W&q upon Ore carp m
win the sanebra ad efW as tholgh ma uay dbted.
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and Wag A=ftm insurance Carpay do hereby cm* that the oriehal power of amomey dwldcb the toregoMg isa fug, Due domed Dopy d Power d e
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GRADING SURETY AGREEMENT
THIS AGREEMENT is made by and between the CITY OF SAN JUAN CAPISTRANO, a
municipal corporation, hereinafter referred to as the "City" and Snyder Langston, LP a
Contractor referred to as "Developer".
WITNESSETH
WHEREAS, City will issue Offsite Public Improvements Permit No E14-0052 to
Developer to construct certain designated improvements which constitute a portion of that
real properly at the location of 31001 Rancho Viejo Road, San Juan Capistrano, CA,
commonly referred to as Lot 217 Precise Grading.
WHEREAS, San Juan Capistrano Municipal Codes Section 8-2.08 requires the
posting of financial security to secure the faithful performance and labor and materials for
the grading and installation of improvements connected with issuance of grading permits
including the construction of drainage and protection devices and any other corrective work
to remove and eliminate engineering and geological hazards.
WHEREAS, San Juan Capistrano Municipal Code Section 8-2.09 authorizes the
Building Official to require additional bonding as security to ensure against adverse
aesthetic impacts arising from incomplete grading and/or improvements from development
projects which have not been completed.
WHEREAS, the Building Official finds that the proposed project site is highly
prominent and visible to the community, has unique topographic features or involves
substantial grading of slope areas.
NOW, THEREFORE, in consideration of the premises and promises hereinafter
contained, City and Developer agree as follows:
1. Developer's Improvements Obligations. Developer shall, at its sole cost and
expense, provide and furnish all labor, materials and equipment for the construction of
grading improvements as approved by the City Engineer. The grading permit and plans,
which describe all the work to be constructed per this agreement, are on file in the office of
the City's Building Official.
Grading Surety Agreement, Permit #E14-0052
Liberty Mutual Insurance Company Bond# 24056895 Page 1 of 6
2. Developer's Security. Developer shall provide a cash deposit, Certificate of
Deposit or a bond by a duly authorized corporate surety subject to the approval of the City
Attorney, or as approved by the City Engineer, to secure Developer's improvement
obligations required under this agreement.
The amount of the bond shall be $147,600 for all Offsite grading & Right of Way
improvements as approved by the City Engineer. This security shall also serve as security
for restoration of the site. A copy of the surety instrument, as approved by the City
Attorney.
3. Completion of Improvements. To ensure the protection of the public safety,
health and welfare, Developer shall construct all said improvements in accordance with the
schedule as set forth in Exhibit "A", and the conditions as set forth in Exhibit "B".
4. Developer Default. In the event Developer does not complete the required
improvements, including erosion and silt control measures within the time required, using
Best Management Practices (BMP) in implementing a Water Quality Management Plan in
full compliance with Orange County National Pollutant Discharge Elimination System
(NPDES) Storm Water Implementation Agreement and San Juan Capistrano Municipal
Code Section 8-14, or abandons the project site, or suspends work for more than twenty
working days other than previously prescribed, City shall have the right to immediately
declare a default and to make demand on the surety for performance.
5. Restoration of Site. San Juan Capistrano Municipal Code Section 8-2.09
allows the City to require bonding as security to ensure against adverse aesthetic impacts
arising from uncompleted grading, drainage and/or improvements which includes illicit non -
storm drain water discharge. The purpose of this bonding shall be to restore the property to
a safe and acceptable condition if the Developer defaults. This restoration shall include but
not be limited to the following:
A. Dismantle and/or demolish improvements;
B. Grade property to its original contours as shown on the approved
grading plans.
C. Remove all debris and construction materials from the site; and
D. Install erosion and silt control devices, including hydroseeding, to
insure a uniform vegetative cover, or equivalent stabilization
measures which include the use of such Best Management Practices
Grading Surety Agreement, Permit #E14-0052
Liberty Mutual Insurance Company Bond# 24056895 Page 2 of 6
as blankets, fiber matrices, catch basin filters, or other erosion
resistant soil coverings or treatments to satisfaction of the Director of
Engineering and Building.
6. Attorney's Fees. Developer agrees to pay City such sum as the court may
judge as reasonable for the legal services of an attorney representing the City in an action
brought to enforce or interpret the obligations of this agreement, and such sum shall be
made a part of anyjudgment in such action against Developer if such action is determined
in favor of said City.
7. Developer's Work in Safe Condition. Developer shall perform all work in a
safe workmanlike manner and shall take such precautions as may be necessary to warn
and protect the public from any dangerous condition caused by the construction of said
improvements.
8. Liabili . Developer shall hold City, its officers, and employees harmless 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 Developer, his contractor, subcontractors, agents or
employees in the performance of this agreement.
In witness whereof, the parties have executed this agreement as of May 19, 2014
Developer: Snyder Langston, LP
A California Limited Partnership
By: Snyder Langston CO. II,
A California corporation
As General Partner
By: (Sig�nee) aYfeiffer
(Title) Chief Financial Officer - ilcc ar,
Approved As To Form:
Hans Van Ligten, City Attorney
Grading Surety Agreement, Permit #E14-0052
Liberty Mutual Insurance Company Bond# 24056895 Page 3 of 6
V
EXHIBIT "A"
SCHEDULE FOR COMPLETION OF IMPROVEMENTS
Completion Date Task
1. Demolition of Median Nov 2014
2. New Curb & Gutter Work Nov 2014
3. AIC Paving Dec 2014
4. Sidewalk Construction Dec 2014
Grading Surety Agreement, Permit #E14-0052
Liberty Mutual Insurance Company Bond# 24056855 Page 4 of 6
EXHIBIT "B"
CONDITIONS FOR COMPLETION OF IMPROVEMENTS
1. The grading for this project shall be in strict conformance with the grading plans as
well as the San Juan Capistrano Municipal Code.
2. Grading operations shall commence within fourteen (14) calendar days after
issuance of Grading Permit.
Winter grading will be conducted in strict accordance with the dynamic erosion and
silt control plan submitted by the Developer, and approved by the City. This erosion
and silt control plan reflects erosion and silt mitigation measures for expected
grading conditions as the work progresses through the winter season and shall not
be amended except with the permission of the City.
In the event Developer does not wish to implement winter grading, or permission for
winter grading is rescinded, static erosion and silt control plans reflecting current
conditions of grading shall be submitted within ten (10) days of cessation of work.
These plans shall:
1. Identify all pollutant sources including sources of sediment that may affect
the quality of storm water discharges associated with the construction
activity.
2. Include the erosion and sediment control planting and hydroseeding to
insure a uniform vegetative cover or equivalent stabilization measures which
include the use of such Best Management Practices as blankets, fiber
matrices, catch basin filters or other erosion resistant soil covering or
treatments to the satisfaction of the City Engineer.
3. Suspension in excess of twenty (20) working days of work authorized by approved
grading plans and grading permit for subject property, including erosion and
sediment control measures and landscaping and irrigation, shall constitute default of
this agreement.
4. The supervising civil engineer and soils engineer shall file biweekly progress reports
of all grading operations with the Building Official. An interim compaction report, for
that work completed at the time work is suspended for the rainy season, shall be
Grading Surety Agreement, Permit #E14-0052
Liberty Mutual Insurance Company Bond# 24056895 Page 5 of 6
tiled with the Building Official. This interim report shall conform to the grading code
requirements for final compaction reports.
5. Contractor shall control dust to the satisfaction of the Building Official or his deputy.
During grading, Contractor shall keep water truck on site and dampen work area,
grounds, and loaded trucks.
6. Grading operations suspended during the rainy season shall be resumed no later
than 15 days from date of suspension termination.
7. Installation of interim erosion and sediment control devices and systems shall
commence within seven (7) days after rough grade certification has been approved
by the Building Official and must be completed within fifteen (15) days of rough grad
certification. Final erosion and sediment controls devices, planting, landscaping and
irrigation systems shall be installed prior to final inspection of the grading permit.
8. All work shall be performed in strict observation of the Hours of Operation in
accordance with San Juan Capistrano Municipal Code Section 8-1.03.
9. Contractor shall adhere to conditions of haul route permit and encroachment permit
issued by the City Engineer.
10. Parking for construction crew is to be on-site.
11. Exoneration of Bond: Bond shall be released upon signoff of permit and upon the
acceptance of a substitute Payment and Performance bond for 10°% of the amount
of the Engineers Estimate for the One Year Warranty Period from Signoff of the
Permit accepting the work for Public Use.
12. Warranty Period: There shall be a one year warranty period as it relates to the
scope of work. The start of the warranty period shall commence with the completion
of the work covered by this permit and the final signoff by the City of San Juan
inspector.
Grading Surety Agreement, Permit #E14-0052
Liberty Mutual Insurance Company Bond# 24056895 Page 6 of 6