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18-0612_SADDLEBACK VALLEY COMMUNITY CHURCH_Irrevocable Letter of Credit PARTNERS*BANK OF CALIFORNIA 27201 Puerta Real,Suite 160 I Mission Viejo,CA 92691 Ph:949-732-4000 I Fx:949-732-4001 City of San Juan Capistrano IRREVOCABLE LETTER OF CREDIT As Security for Grading Surety Agreement Expiration Date: March 9,2019 (or any automatically extended date as herein below set forth) TO: CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto San Juan Capistrano, CA 92675 SUBJECT: Instrument of Credit Delivered as Improvement Security: Combined Performance and Labor&Materials Security To Whom It May Concern: Partners Bank of California, a financial institution subject to regulation by the State of California and/or the Federal Government of the United States of America (hereinafter "Financial Institution"), hereby establishes our Irrevocable Letter of Credit in favor of the City of San Juan Capistrano (hereinafter "City"), up to the aggregate amount of one million, three hundred fifty seven thousand, six hundred and fifteen Dollars ($1,357,615.00), as security for performance of that certain [INSERT "SUBDIVISION IMPROVEMENT AGREEMENT" OR "GRADING SURETY AGREEMENT"] dated April 12, 2018 ("Agreement"), and identified as project City Job No:B15-0190, located at 29251 and 29343 Camino Capistrano, San Juan Capistrano, CA 92675 (the "Project"), available by draft(s) at sight drawn on ourselves and accompanied by one of the documents specified below: 1. A signed demand letter from the City Engineer that Saddleback Valley Community Church (the "Developer") has not complied with the terms and conditions of the Agreement; OR 2. A signed demand letter from the City Engineer that claims of liens or suits to enforce claims of liens have been filed to enforce payments to contractors, subcontractors, laborers and materialmen who have furnished labor or materials to Developer for ,those facilities that are the subject of the Agreement. We pledge that we hold and will hold,on deposit the sum specified above as trust funds guaranteed for payment to City to secure Developer's faithful performance of said Agreement. We will so hold this sum until the commencement, completion and written acceptance by City of 61147.02100\24821445.1 all work and improvements under the Agreement, and for such additional time as required by the terms herein. Before certification by City of completion of said work and improvements and upon demand by the City, the whole or any portion of said funds shall be paid forthwith to City for use toward the commencement, completion or repair of the work and improvements as City sees fit. No alteration of the Agreement or of the Project, agreed to by City and Developer, shall relieve us from liability on this Irrevocable Letter of Credit. We give consent for any such alterations to be made without further notice to or consent by us. We hold ourselves bound without regard to and independently of any actions against Developer whenever taken. We further agree that if City sues on this Irrevocable Letter of Credit, we will pay, in addition to the face value of this letter, all its reasonable costs, expenses and attorneys' fees incurred by it in successfully enforcing the obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is a condition of this Irrevocable Letter of Credit that it shall be automatically extended without amendment for one (1) year renewal term(s), unless sixty (60) calendar days prior to any such expiration date the Financial Institution notifies City in writing that the Financial Institution elects not to consider this Irrevocable Letter of Credit renewed for any such additional period. Upon receipt by City of such notice, City may withdraw hereunder by means of drafts drawn at sight on us accompanied by the signed statement of the City Engineer that the Agreement is still outstanding and in full force and effect. If, prior to the expiration of this Irrevocable Letter of Credit, the Financial Institution has received written notice from the City Engineer stating that the improvements required by the Agreement have been accepted, seventy five percent (75%) of the above-stated amount shall expire on the date of receipt of such notice and shall no longer be available for drawing thereafter, and twenty five percent (25%) of the above-stated amount shall continue to be available for drawing for a period of 12 months after the date of the notice, after which time this Irrevocable Letter of Credit shall expire, and no further funds shall be available for drawing. In the event of a drawing, all documents must be dispatched in one lot by registered mail or courier services directly to: 27201 Puerta Real, Suite 160, Mission Viejo, CA 92691. All demands for payment shall specifically state that they are drawn under this Irrevocable Letter of Credit. This Irrevocable Letter of Credit may not be assigned, conveyed, or otherwise transferred by either party without the express written consent of City. If there is an approved assignment or transfer, the Financial Institution shall ensure that the Irrevocable Letter of Credit is included in such transfer and is legally binding on our successor in interest. No right of action shall accrue under this Irrevocable Letter of Credit to or for the use of any person or corporation other than City as named herein. This Irrevocable Letter of Credit shall be governed and construed in accordance with the internal laws of the State of California without giving effect to principles of conflicts of law. 61147.02100\24821445.1 This Irrevocable Letter of Credit is the Financial Institution's individual obligation and is in no way contingent upon our reimbursement with respect thereto or upon our ability to perfect any lien, security interest, or any other reimbursement. Any amendments to this Irrevocable Letter of Credit must be in writing. The signatory of this Irrevocable Letter of Credit hereby warrants that he/she is a duly authorized representative of Partners Bank of California, and has the authority to bind Partners Bank of California, to this Irrevocable Letter of Credit. The Financial Institution hereby agrees with City that all draft(s) drawn under and in compliance with the terms of this Irrevocable Letter of Credit will be honored upon presentation to us as specified herein. Except as expressly stated otherwise herein, this undertaking is not subject to any condition or qualification. Date: 0 //.r Partners Bank of California • By: leen t Fa-/K Its: rts; de/if-/(CO Mailing Address: 27201 Puerta Real, Suite 160 1 Mission Viejo, CA 92691 Date: `7//� — -Aar. Saddleback ' alley Commu _ny Church By: _ 7'��E- -=•d o.15404 Its: C.G rs-?J-t ' - , /it-S76ft Mailing Address: 1 Saddleback Parkway Lake Forest, CA 92630 Signatures of those signing for the Developer and Financial Institution must be notarized and evidence of corporate authority attached. A copy of the Power-of-Attorney to local representatives of the Financial Institution must be attached hereto. (signatures continued on next page) 61147.02100\24821445.1 ACCEPTED: CITY OF SANJJAN CAPISTRANO By: Its: City n neer 61147.02100\24821445.1 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 / 0,44449 e. • On Apr;1 14 , 20 (', before me, ty/1.t!Q F 19J e- ''I(e , Notary Public, personally appeared 5tevc Yok il Sohl , 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 State of California that the foregoing paragraph is true and correct. ,..••L<, CYNTHIA F.BJERKE NotaryPublic-California z WITNESS my hand and official seal. h Orange County ` . J Commission9 e My Comm.Expiress Mar Mar 26 26,,2021 0 Signature of Notary Public 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. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ Individual ❑ Corporate Officer Title(s) Title or Type of Document ❑ Partner(s) ❑ Limited • ❑ General Number of Pages ❑ Attorney-In-Fact ❑ Trustee(s) ❑ Guardian/Conservator Date of Document E Other: Signer is representing: Name Of Person(s)Or Entity(ies) Signer(s)Other Than Named Above 61147.02100\24821445.1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 S.a�_.N....-o, AS N4"...v,.aU_�•_e, .-cs•C <-ate ./_ t,fTes r e.cs.<G .4:0. . .! e !.� c .,!aee,:s.,74c .! c ..47.•:c!,eve t! .. 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 Oe ) On /—/ 6-1s before me,heal P jo,I /)D cl /Oat;L , Date l Here Insert Name and Titlethe Officer personally appeared — H. XeiF 1 aAk — Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person( whose name(4) is/aye subscribed to the within instrument and acknowledged to me that he/she/tpey executed the same in his/h4r/their authorized capacity(jecs),and that by his/hor/their signature(g)on the instrument the person,(S), or the entity upon behalf of which the person/4) 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. ,,;,1a;:: BECKY EDSON WITNESS my hand and official seal. Comrnission#2214813 At `-� Notary Public-California c I J s ' Orange County /`,�, o My Comm Expires OCT.17,2021 Signature / r - - Sil ature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: 64,A,,4�4,;_-, <t".4,,✓,C,,!':� -J4W.VsY4S✓4'./4�4-,X.KV•4\✓C•A"4: �4✓,4�✓, ✓,;,:;14✓,4:,✓,4\✓,4\✓,4V✓4S'✓4,;✓,4�✓41,,4A✓�✓,/;,.,✓.K✓:,:,%:✓,4�✓,,,,,4- ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 • fl .BOND ESTIMATE FOR PRECISE GRADING(SHEETS 1-14 OF PLAYS, '' ' ;SADDLEBACK CHURCH RANCHO CAPD IMPROVEMENT PROJECT By: SReId,Stantec, , . ' ' CITY OF SAN-JUAN CAPISTRANO Date: 12/8/2017 . r .: ..-__.,.... - .. �.- �. 'ITEM_,--- ,.:i... __- _�- _�..�:COUNT..UNIT• .PRI[$ _ PRICE_ • - CONSTRUCTION rrEnts MOBILIZATION 1 L5 '$20,000,00 520,000 , ' - UNCLASSIFIED EXCAVATION 12,300 CY 58.00 598,400' � ';_r.j1(�/G . /: . EXPORT EXCESS MATERIAL- 8,780 Cy $20.00- $175,600 .. ,� ' . CONSTRUCT 4" OVER 8" II:- 105,370. SF S2.50 $263,425 1..,: /., -r ", CONSTRUCT 6'CURB AND GUTTER PER CITY OF SAN JUAN CAPISTRANO STD 301 1,550 SF $15.00 523,250 -• , -' 0 CONSTRUCT 6"CURB PER CITY OF SAN JUAN CAPISTRANO STD 300 3,280 LF .51300 542,640 - '` CONSTRUCT 4"PCC SIDEWALK PER CITY OF SAN JUAN CAPISTRANO STD 330 - 9,950 SF ' . $4,00 539,800 - .L._ ',.-',- ". ,56872 CONSTRUCT PCC'U'CHANNEL 30 LF ,$100.00 '$3,000 -6/3O/j1 *.) CONSTRUCT RIP RAP"V'DITCH 1,880 SF $10.00 518,800 ;-`' �t • SAWCUT AND REMOVE AC PAVING AND REPAIR UTILITY TRENCH PER CITY OF SAN JUAN CAPISTRANO STD 700 630 SF ,5500 53,150 1,.. I ' GRIND AND OVERLAY T"OF AC 21,150 SF $2,25 547,588 >, _ „•.V I �, - CONSTRUCT ADA RAMP PER CITY OF SAN JUAN CAPISTRANO STD 336 1 EA $1,500.00 $1,500 '''Y 4JL.,' CONSTRUCT PARKWAY DRAIN PER CITY OF SAN JUAN CAPISTRANO 5T0 352' • 10 LF 5500.00- $5,000 -':1;-cS F ' ' • CONSTRUCT LOCAL DEPRESSION PER CITY OF SAN JUAN CAPISTRANO STD 360 2 EA 52.00000 $4.000 INSTALL PARKING LIGHT 20 EA S3;325.00 •S66,500 , CONSTRUCT DERRIS/SPLASHWALL 960 LF $200.00 $192,000 BIO-FILTRATION BASIN • 4,000 SF 5800 532,000 . INSTALL TEMPORARY 4-FOOT HIGH;ORANGE-WEBBING,POLYPROPYLENE BARRICADE FENCE("SNOW FENCE'TO BE REMOVED . UPON COMPLETION OF PROJECT . 980 LF $2.00- $1,960 - • - - - • . - • . SUBTOTAL GRADING AND SITE WORK • $1,038,613' . STORMDRAIN ITEMS INSTALL 10'PVC-SCHEDULE 80 WITH BEDDING AND BACK FILL PER OTY OF SAN JUAN STD PLAN 804, 30 LF 52660 $798 . . + INSTALL 18'RCP(D-WAD PER PLAN)WITH BEDDING AND BACK FILL PER CITY OF SAN JUAN STD PLAN 804 870 LF $95.00 $82,650 P u. - - - - �� - CONSTRUCT SLOPE ANCHOR PER OCPW STD PLAN 1333 3 LF $1,500.00 $4,500 11 I r r CONSTRUCT HEADWALL AND WINGWALL 1 EA 55,000;00 $5,000 N IBJ ! CONSTRUCT CSP RISER • 1 EA 54,000.00 - $4;000 1 ".11 , �, CONSTRUCT CSP DROP-INLET • 1 •EA $4,000.00 54,000 _ _1 - , • ' CONSTRUCT CONCRETE COLLAR PER OCPW STD NO 380-4-0C 2 •EA .5500.00 51,000 • ,� , CONSTRUCT INLET TYPE II PER COUNTY-OF ORANGE OCPW STD PLAN 1302 1 EA $3,875,00 53,875 ' '. if1 .. . CONSTRUCT CURBSIDE GRATING CATCH BASIN PER SPPWC STD 303-3 - • '1 EA $3,875.00 53,875 `q` CONSTRUCT JUNCTION STRUCTURE PER SPPWC STD NO 331-3 5 EA $5,000.00 $25,000 1 ' CONSTRUCT,1/4 TON RIP RAP - 630 SF $1000 $6,300 ' ,. CONSTRUCT STRAIGHT HEADWALL 2 EA 53,320.00 56,640 - ' ' CONSTRUCT PIPE SLABENTRANCE,PER OCPW STD PLAN 1326 2 EA $3,855.00 $7,710 - SUBTOTAL STORM DRAIN $155,308 - . •EROSION CONTROL ITEMS INSTALL AND MAINTAIN STABILIZED CONSTRUCTION ENTRANCE/EXIT PER CASOA BMP DETAIL TC/1 1 EA- $2,500,00 $2,500• • INSTALL AND MAINTAIN FIBER ROLL PER CASOA BMP SE-5 • 2,970 LF $2 50 $7,425 ' INSTALL AND MAINTAIN STORM DRAIN INLET PROTECTION PER CASOA BMP DETAIL SE/10 6 EA $250 00 $1,500 INSTALL'AND MAINTAIN,GRAVEL BAG BARRIER PER CASDA BMP DETAIL SE/6 2,110 'LF 53 00 $6,330 ' INSTALL AND MAINTAIN GRAVEL BAG VELOCITY REDUCER PER CASOA BMP DETAIL EC/lo 400 LF 53,00 $1,200 - HYDROMULCH PAD/SLOPE PER MANUFACTURER'S SPECIFICATIONS AND CASOA BMP DETAIL EC-3 26,560 SF $0,50 $13,280 ' • PORTABLE TOILET(2 YEARS) ' - 1 L5 53,000.00 53,000 CONCRETE WASHOUT 1 'L5 55.00000 $5,000 , SUBTOTAL EROSION CONTROL $40,235 . TOTAL CONSTRUCTION COST ESTIMATE $1,234,196 • . ,