18-0419_TOLL WEST COAST LLC_Performance Bond BOND NO. 30034587
INITIAL PREMIUM: $33,35700
SUBJECT TO RENEWAL
GRADING SURETY AGREEMENT
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
WHEREAS, the City of San Juan Capistrano, California ("City") and Toll West Coast
LLC ("Principal"), have executed an agreement for work consisting of, but not limited to, the
furnishing all labor, materials, tools, equipment, services, and incidentals for all grading and
installation of related improvements for Lot 2 Tract 15687 Pearl B16-1425 ("the Work");
WHEREAS, the Work to be performed by Principal is more particularly set forth in that
certain Grading Surety Agreement dated , 20_, ("Agreement")m which
Agreement is incorporated herein by this reference; and;
WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein
by reference; and
WHEREAS, Principal is required by the Agreement to provide a good and sufficient bond
for performance of the Agreement, and to guarantee and warranty the Work performed
thereunder.
NOW, THEREFORE, Principal and Western Surety Company ("Surety"), a corporation -
organized and existing under the laws of the State of South Dakota, and duly authorized to
transact business under the laws of the State of California, are held and firmly bound unto City
in the sum of Four Million Seven Hundred Ninety Thousand Nine Hundred Thirty Five and
00/100 Dollars ($4,790,935.00), for which amount well and truly to be made, 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 Agreement and any alteration thereof made as therein provided, to be kept
and performed at the time and in the manner therein specified and in all respects according to
their intent and meaning, and shall indemnify and save harmless City, its officers, employees,
and agents, as stipulated in the Agreement, then this obligation shall become null and void;
otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby, and in addition to the face amount specified
therefor, 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.
Grading Surety Agreement,Permit#B16-1.425
61147.02100\24835741.2
Surety, for value received, hereby stipulates and agrees that no change, extension of
time, alteration, or addition to the terms of the Agreement, or to any plans, profiles, and
specifications related thereto, or to the Work to be performed 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.
IN WITNESS WHEREOF, the seal, if any, 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 Paoli, PA this 11 TH day of APRIL, 2018.
Toll West Coast LLC, Western Surety Company
a Delaware limited liability company
Principal Surety
By: - lJ'-%)•' "®� By
aniel P. D nig , torney-in-Fact
;F�
•
Grading Surety Agreement,Permit#B16-1425
61147.02100\24835741.2
•
Notary Acknowledgment
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On , 20 , before me, , Notary Public, personally
appeared , who 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.
I certify under PENALTY OF PERJURY under the laws of the Statr of California that the foregoing paragraph
is true and correct.
WI my hand and official seal.
Signature of Notary Public
•
4r4 1 , OPTIONAL
/ .f
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.
CAPACITY CLAIMED BY SIGNER/ DESCRIPTION OF ATTACHED DOCUMENT
❑ Individual ,-
❑ Corporate Officer
i
Title(s) Title or Type of Document
❑ Partner(s) ❑ Limited
❑ General Number of Pages
❑ Attorney-In-Fact .
❑ Trustee(s)
❑ Guardian/Conservator Date of Document
❑ Other:
Signer is representing:
Name Of Person(s)Or Entity(ies)
Signer(s)Other Than Named Above
NOTE: This acknowledgment is to be completed for Principal.
Grading Surety Agreement,Permit#B 16-1425
61147.02100\24835741.2
ACKNOWLEDGMENT.
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange )
On April 17, 2018 before me, Patty Kiloh - Notary Public
(insert name and title of the officer)
personally appeared Nick Norvilas
who proved to me on the basis of satisfactory evidence to be the personW whose names is/are
subscribed to the within instrument and acknowledged to me that he/stile/they-executed the same in
his/lasetteir authorized capacity(ies), and that by his/heetheir signature(s) on the instrument the
person(), 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. PATTY MOH
•�• Notary Public California z
lin Orange County
�°,�%�i� Commission#2192864
tii`,
01111111 Wm—
Signature
My CommExpiresApr212021
4� (Seal)
Notary Acknowledgment
A notary public or other officer completing this certificate
verifies only the identity of the individual who_ signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF CHESTER
On APRIL 11, 2018, before me, ARLENE OSTROFF , Notary Public, personally
appeared DANIEL P. DUNIGAN , who proved to me on the basis of satisfactory
evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that
he executed the same in his authorized capacity, and that by his signature on the instrument the person, or
the entity upon behalf of which the person 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.
WITNAio my hand a •fficial seal.
• / //aeel
Signature of Notary Public
OPTIONAL
Though the information below is not required OCQMMtfMJIE ALOMMO MO NAMMa. relying on the document
and could prevent fraudulent removal and reattaotis form to ano er document.
CAPACITY CLAIMED BY SIGNER ARM W �� F TTACHED DOCUMENT
istown❑ Individual My Commission Expires December 3.2020
❑ Corporate Officer
Title(s) Title or Type of Document
❑ Partner(s) ❑ Limited
❑ General Number of Pages
X Attorney-In-Fact
❑ Trustee(s)
❑ Guardian/Conservator Date of Document
❑ Other:
Signer is representing:
Name Of Person(s)Or Entity(ies)
Western Surety Company
Signer(s)Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact for Surety. The Power-of
Attorney to local representatives of the bonding company must also be attached.
Grading Surety Agreement,Permit#B 16-1425
61147.02100\24835741.2
•
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-TN-FACT
•
Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation
having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby
make,constitute and appoint
William F Simkiss, Richard J Decker, Daniel P Dungan, Joseph W Kolok Jr, Brian C Block,
• James L Hahn, Individually
of Paoli,PA,its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
•
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed_
This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be
hereto affixed on this 10th day of February,2016.
' SURET}y, WESTERN SURETY COMPANY
RPogq,t=
12.4 /A.
���'a,.Tk DP ro•
"aul T.Bruflat,Vice President
State of South Dakota
ss
County of Minnehaha
On this 10th day of February,2016,before me personally came Paul T.Bruflat,to me known,who,being by me duly sworn,did depose and say: that
he resides in the City of Sioux Falls,State of South Dakota; that he is the Vice President of WESTERN SURETY.COMPANY described in and which
executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal; that it was so
affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation.
My commission expires
J.MOHR
,,��Hornarwvac
June 23,2021
♦Ij{ J.Mohr,Notary Public
CERTIFICATE
I,L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force,and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation this 11TH day of APRIL 2018
,25URET} WESTERN SURETY COMPANY
�PDgq 3
,,,,,,,, (DT. 2J.L.e.eurrt,/
L.Nelson,Assistant Secretary
Form F4280-7-2012
WESTERN SURETY COMPANY
Sioux Falls, South Dakota
Statement of Net Admitted Assets and Liabilities
• December 31,2017
ASSETS
Bonds $ 1,895,156,151
Stocks 28,408,086
Cash, cash equivalents,and short-term investments 24,679,133
Receivables for securities 7,500,016
Investment income due and accrued 22,426,771
Premiums and considerations 37,932,713
Amounts recoverable from reinsurers 1,562,035
Current federal and foreign income taxes recoverable from CNA
Financial Corporation 3,481,084
Net deferred tax asset • 10,688,834
Receivable from parent, subsidiaries, and affiliates 11,647,470
Other assets • • 10,215
Total Assets $ 2,043,492,508
LIABILITIES AND SURPLUS
Losses $ 201,046,845
Loss adjustment expense 57,918,199
Commissions payable, contingent commissions and other similar
charges 10,047,343
Other expenses (excluding taxes, license and fees) 943,877
Taxes,License and fees (excluding federal and foreign income
taxes) 3,447,669
Unearned premiums 223,752,269
Advance premiums 5,436,181
Ceded reinsurance premiums payable 1,720,726
Amounts withheld or retained by company for account of others 7,338,456
Provision for reinsurance 239,534
Payable to parent, subsidiaries and affiliates 12,934
Payable on security transations 4,000,000
Other liabilities 367,837
Total Liabilities $ 516,271,870
Surplus Account:
Common stock $ 4,000,000
Gross paid in and contributed surplus 280,071,837
Unassigned funds 1,243,148,801
Surplus as regards policyholders $ 1,527,220,637
Total Liabilities and Capital $ 2,043,492,508
I, Troy�4�ti�ray�z�Assistant Vice President of Western Surety Company hereby certify that the above is an
accu _kpresentation of the financial statement of the Company dated December 31, 2017, as filed
wie''various;Iisiarance Departments and is a true and correct statement of the condition of Western
Si4R,Actnpail that date.
F•= Western Surety Company
% . az. A k-e
By
:<a;� c c Sip Assistant Vice Pre ' ent
^CHc15Baa.10-5`�`a
Subscribed and sworn to me this 8th day of March ,2018.
My commission expires: ,• YOLANDA JIMENEZ
OFFICIAL SEAL
•��K'� �Notary Public,Steteo:Illinois
110y My Commission`xPirez Not. blic
,,, se.temhe!24,2021 �I
EXHIBIT "D
F1/4.
HUNSAKER
&ASSOCIATES
IRVINE. INC.
Preliminary Budget for Bonding Purposes
Project Name: TRACT NO.15687
Location: City of San Juan Capistrano,California
Type of plan: Rough Grading&Erosion Control Plans
UNIT
DESCRIPTION QUANTITY UNIT PRICE TOTAL COST
Summary
EARTHWORK $596,585
ROUGH GRADING $2,907,960
ONSITE STORM DRAIN $672,062
OFFSITE STORM DRAIN $30,668
STREET IMPROVEMENT $556,215
EROSION CONTROL $27,445
GRAND TOTAL $4,790,935
PUBLIC WORKS
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Page 1 of 4
•
�
i HUNSAKER
SA &ASSOCIATES
:• IRVINE, INC.
Preliminary Budget for Bonding Purposes .. •
Project Name: TRACT NO.15687
I Location: City of San Juan Capistrano,California •
Type of plan: Rough Grading&Erosion Control Plans
UNIT
-=DESCRIPTION QUANTITY UNIT PRICE TOTAL COST
EARTHWORK • -
CUT 19,650 CY $3.00 $58,950.00
FILL 52,300 CY $3.00 $156,900.00
IMPORT 32,650 CY $10.00 $328,500.00
SUB-TOTAL EARTHWORK" $542,350.00
10%CONTINGENCY $54,235.00_,
TOTAL EARTHWORK $596,585.00 •
ROUGH GRAbING NOTES.:
36"WIDE UTILITY"V"DITCH 850 LF $34.00 $28,900.00
18"ATRIUM DRAIN WITH PIPE CONNECTION 8. EA $1,000.00 $6,000.00
SIDE YARD RETAINING WALL 2,800 SF $55.00 $154,000.00
12"BERM 50 LF $20.00 $1,000.00
REMOVE EX.RIP RAP 500 SF $2.00 $1,000.00
REMOVE EX CONCRETE"V"DITCH 1,350 LF $2.00 $2,700.00
VEDURA WALL - 58,000 SF $40.00 $2,320,000.00
4"SUBDRAIN SYSTEM FOR WALLS 6,580 LF $20.00 $130,000.00
SUB-TOTAL ROUGH GRADING $2,643,600.00
10%CONTINGENCY $264,360.00 _
TOTAL ROUGH GRADING $2,807,980.00
•
;F
' r
• :a
Page 2of4
YY
}
HUNSAKER
• I &ASSOCIATES
IRVINE, I N.C.
Preliminary Budget for Bonding Purposes_,
Project Name: TRACT NO. 15687
Location: City of San Juan Capistrano,California -
Type of plan: Rough Grading&Erosion Control Plans
UNIT •
DESCRIPTION QUANTITY UNIT• PRICE TOTAL COST.
ONSITE STORM=DRAINNOTES
24"R.C.P. 438 LF $100.00 $43,800.00
18"R.C.P. - 665 LF $75.00 $49,875.00
12"P.V.C. 1,026 LF $30.00 $30,780.00
6"P.V.C. 140 LF $20.00 $2,800.00
12"x12"x4"PVC TEE 9 EA $500.00 $4,500.00
12"x12"x4"x4"PVC CROSS 2 EA $500.00 $1,000.00
CONCRETE COLLAR 13 .EA $1,500.00 $19,500.00
30 DEGREE ELBOW 2 EA $500.00 $1,000.00
45 DEGREE ELBOW 2 EA $500.00 $1,000.00
90 DEGREE ELBOW 2 EA $500.00 $1,000.00
INLET TYPE I 3 EA $3.500.00 $10,500.00
INLET TYPE II 8 EA $5,000.00 $40,000.00
JUNCTION TYPE I 5 EA $6,500.00 $32,500.00
JUNCTION TYPE III 1 EA $6,000.00 $8,000.00
JUNCTION TYPE IV 3 EA $5,000.00 $15,000.00
JUNCTION TYPE VI 10 EA $5,000.00 $50,000.00
WQ DETENTION BASIN 96"RCP 315 LF $500.00 $157,500.00
CONCRETE VAULT 2 EA $30,000.00 $60,000.00
WO MODULAR WETLAND 4'Wx16'L 1 EA $25,000.00 $25,000.00
WQ MODULAR WETLAND 8'Wx20'L 1 EA $30,000.00 $30,000.00
JOIN EXISTING STORM DRAIN PIPE 2 EA $2,000.00 $4,000.00
4"PVC - 634 LF $15.00 $9,510.00
8"PVC 152 LF $25.00 $3,800.00
PVC CAP 6 EA $500.00 $3,000.00 -
CLEAN-OUT 6 EA $1,150.00 $6,900.00
PVC TO CB CONNECTION 1 EA $2,000.00 $2,000.00
SUB-TOTAL STORM DRAIN $610,965.00
10%CONTINGENCY $61,096.50
TOTAL STORM DRAIN $672,061.50
OFFSITE STORM DRAIN NOTES
24"R.C.P. 94 LF $70.00 $6,580.00
CONCRETE COLLAR 2 EA $1,500.00 $3,000.00
SLOPE ANCHOR 1 EA $1,000.00 $1,000.00 _
BRICK AND MORTAR PLUG 1 EA $1,000.00 • $1,000.00
JUNCTION TYPE IV 1 EA $4,500.00 - $4,500.00
24"DRAIN PIPE W/36"CMP RISER 1 EA $3,500.00 $3,500.00 `,
REMOVE EX.24°RCP W/36"CMP RISER 43 LF $100.00 $4,300.00 :!i
JOIN EXISTING STORM DRAIN PIPE 2 EA $2,000.00 $4,000.00
d
l'
SUB-TOTAL STORM DRAIN $27,880.00
10%CONTINGENCY $2,788.00
TOTAL STORM DRAIN _ $30,668.00
Page 3 of 4 i;
LT HUNSAKER
1 b &ASSOCIATES
IRVINE, INC.
Preliminary Budget for Bonding Purposes
• Project Name: TRACT NO, 15687
Location: City of San Juan Capistrano,California
Type or plan: Rough Grading&Erosion Control Plans
UNIT
DESCRIPTION QUANTITY UNIT PRICE TOTAL COST
STREET CONSTRUCTION
STREET LIGHT 18 EA $2,500.00 $45,000.00
STREET NAME 3 EA $500.00 $1,500.00
4"AC OVER 8"AB ' 60,400 SF $3.75 $226,500.00
DRIVEWAY APPROACH 59 EA $1,000.00 $59,000.00
4"PCC SIDEWALK 10,500 SF $5.50 $57,750.00
6"CURB&GUTTER TYPE"C-6" 4,100 LF $20.00 $82,000.00
REMOVE EX.CURB,GUTTER,SIDEWALK 1,700 SF $4.00 $6,800.00
LOCAL DEPRESSION 11 EA $1,500.00 $16,500.00
ACCESS RAMP TYPE VI 1 EA $5,000.00 $5,000.00
STRIPE STOP BAR AND STOP LEGEND 3 EA $200.00 $600.00
STOP SIGN 3 EA $200.00 $600.00
"NO OUTLET"SIGN 2 EA $200.00 $400.00
FIRE HYDRANT REFLECTOR 7 EA $100.00 $700.00
CONCRETE PARKING STEP(W=12") 1,100 SF $3.00 $3,300.00
SUB-TOTAL STREET CONSTRUCTION $505,650.00
10% CONTINGENCY $50,565.00
TOTAL STREET $556,215.00
EROSION CONTROL
STREET GRAVEL BAG 5,110 LF $2.00 $10,220.00
PERIMETER GRAVEL BAG 490 LF $2.00 $980.00
STABILIZED CONSTRUCTION ENTRANCE 2 EA $3,500.00 $7,000.00
VISQUEEN SPILLWAY 650 SF $5.00 $3,250.00
CHECKDAM 7 EA $500.00 $3,500.00
SUB-TOTAL EROSION CONTROL $24,950.00
10% CONTINGENCY $2,495.00
TOTAL EROSION CONTROL $27,445.00
Page 4 of 4