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19-0307_TNHC SAN JUAN, LLC_Staff Memo MEMORANDUM March 7, 2019 TO: Maria Morris, City Clerk FROM: Steve May, Public Works& Utilities Director7Zr' SA— A'7, SUBJECT: Grading Surety Release – B14-0418, Olivia Development Tract 17713 Lots 13-16 This memorandum is authorization to release the Grading Bond # PB02497500110 for B14-0418, Olivia Tract 117713 – Lots 13-16, San Juan Capistrano. Said Grading Bond is in the amount of$43,721.00. The grading has been completed and approved. Please notify Philadelphia Indemnity Insurance Company of this bond exoneration. A copy of the Grading Surety Agreement and Bond are attached. Thank You. cc: Community Development/ Building; file pp uRIGINAL 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 TNHC San Juan LLC a Contractor referred to as "Developer". • WITNESSETH WHEREAS, City will issue Precise Grading Permit 10 B14-0418 to Developer to construct certain designated improvements which constitute a po ion of that real property at the location of 32281 , San Juan Capistrano, CA, commonly referred to as Oliva Precise Grading. WHEREAS, San Juan Capistrano Municipal Codes Section 8-2.08 requires the p p q posting of financial security to secure the faithful performance 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 1 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 depicted on the plans entitled "Model Precise Grading Plans" as approved by the City Engineer, on 7/1/2014. The grading permit and plans, which describe all the work to be constructed pursuant to this agreement, are on file in the office of the City's Building Official. Grading Surety Agreement, Permit#Bxx-xxxx Page 1 of 6 I 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 $43,721 for all onsite grading 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 (performance bond), as approved by the City Attorney, is attached herein. 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 p p p q 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#Bxx-xxxx 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 any judgment 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. Liability. 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 0 , 2011 Developer: TNHC San Juan LLC a ua By: By: (Signee) Tho :s Redwitz (Title) COO City: Approved as tpForm• Accepted: OC.44,,cirL By: City Attorne By: Building Official Hans Van Lighten Bret Caulder Grading Surety Agreement, Permit#Bxx-xxxx Page 3 of 6 Y EXHIBIT "A" SCHEDULE FOR COMPLETION OF IMPROVEMENTS Task Completion Date Precise Grading Permit (no retaining walls included): 1. Complete rough grading @ Upper Lot Sept 2014 (contingent in rough grade plan) 2. Start installation of onsite Storm drain work August 11, 2014 3. Start & Finish Soil Stabilization work 8/4/14 — 9/5/14 4. Curb & Gutter work 10/10/14— 10/24/14 5. Walks, Railings & Fences 1/8/14-1/16/14 6. A/C Paving 10/27/14 — 11/20/14 Grading Surety Agreement, Permit#Bxx-xxxx 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#Bxx-xxxx Page 5 of 6 1 filed 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 reduced to 90% upon signoff of precise grading permit and released upon completion of the 1 year warranty period 12. Warranty Period: 1 year from permit signoff. Grading Surety Agreement, Permit#Bxx-xxxx Page 6 of 6 Bond No.: PB02497500110 Premium: $219.00/1 year PERFORMANCE BOND i KNOW ALL MEN BY THESE PRESENTS, that TNHC San Juan LLC ,as principal (hereinafter called "contractor", and Philadelphia Indemnity Insurance Company 1 , as Surety (hereinafter called "Surety"), are I held and firmly bound unto the City of San Juan Capistrano, as oblige (hereinafter called "city"), in the amount of Forty-Three Thousand Seven Hundred Twenty-One & NO/100ths Dollars ($ 43,721.00 ) for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, fairly by these presents. WHEREAS, contractor has, by written agreement dated , entered into a (describe agreement): Precise Grading Permit #B14-0418, Oliva Tract 17713, Lots 13-16 (Portion of TTM16146) , which contract is, by reference, made a part hereof. NOW, THEREFORE, the condition of this obligation is such that, if contractor shall promptly and faithfully perform said agreement then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the Contractor in the event of default. BE IT FURTHER RESOLVED, that: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no change, or extension of time, alteration, or modification of the contract documents, or of the work to be performed thereunder, shall in any way affect its obligation or this bond, and it does hereby • waive the notice of any such change, extension of time, alteration or modification of the contract documents or of work the be , performed thereunder. Executed this 2nd day of July 2014, At Orange , California. TNHC San Juan LLC PRINCIPAL 1 (NOTARIZATION AND SEAL) 1 Philadelphia Indemnity Insurance Company SURETY &1/)/C-. Cheryl L. Thomas, Attorney-in-Fact (NOTARIAZATION AND SEAL) ., . .... ___ I , . 1 . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ;mac, : c : -cv.c,seA: t: z0:; c wZ;- -- d'•-- • - • - .- • :mac : STATE OF CALIFORNIA 1 } County of Los Angeles JJJ On July 2, 2014 before me, Susan E. Morales, NotarPublic , Date Here Insert Name and Title of the Officer personally appeared Cheryl L. Thomas Name(s)of Signer(s) i 1 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ate subscribed to the within instrument and acknowledged to me that ire/she/they i1.77 .Are executed the same in l'tis/her/tl'teii'authorized capacity(ies), SUSAN E. MORALES and that by-iris/her/thei•r signature(s) on the instrument the r( � ) COMM. # 1930723 .2 person(s), or the entity upon behalf of which the person(s) .k acted, executed the instrument. ;� f, ,� uor,: r PUBLIC-cA�t�oatNl� i �. �7 LCIS ANGELES COUNTY My Comm.Expires 141arct;28,2015f I certify under PENALTY OF PERJURY under the laws of i ;A the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature Sem, 4_• %Y�c,74...(20 Place Notary Seal Above Signature of Notary Public Susan E.Morales OPTIONAL I . 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 Document: Grading Performance Bond Document Date:July 2, 2014 Number of Pages: 2 Signer(s)Other Than Named Above: none Capacity(ies) Claimed by Signer(s) 1 Signer's Name: Cheryl L.Thomas Signer's Name: 1 ❑ Individual ❑ Individual 0 ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑Limited❑General ❑ Partner—❑Limited❑General q 91 Attorney in Fact RIGHT THUMBPRINT El Attorney in Fact RIGHT THUMBPRINT ❑ Trustee OF SIGNER ❑ Trustee OF SIGNER ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: Philadelphia Indemnity Insurance Company ' - - •-y•:y. , _ . - .••- ^ ?C'..'c.` 'Ct1Mr'%C?�t? 4` C;^ `✓i`-49e4. 4 ^e.A.; 4:'VX ©2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item*5907 Reorder,Call Toll-Free 1-800-876-6827 • 114 PHILADELPHIA LNSURANCE COMPANIES D I 1 Mom 1 I,,io Man,( i PHILADELPHIA INDEMNITY INSURANCE COMPANY 231 St.Asaph's Rd.,Suite 100 Bala Cynwyd,PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY(the Company),a corporation organized and existing under the laws of the Commonwealth of Pennsylvania,does hereby constitute and appoint: TODD M.ROHM,CHERYL L.THOMAS,D.J. PICARD AND BEATA A.SENSI OF ROHM INSURANCE AGENCY Its true and lawful Attorney(s)in fact with full authority to execute on its behalf bonds,undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof,issued in the course of its business and to bind the Company thereby,in an amount not to exceed$5,000,000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the Il''day of July,2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1)Appoint Attorney(s) in Fact and authorize the Attomey(s)in Fact to execute on behalf of the Company bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And,be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile,and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF,PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 18TH DAY OF JULY,2011. "" a`' 1'N I T Y f p,,•, �r N9 , tis ,Q. :OFtpORAT�rs'•,G��� f 'w A1927_ ;4.44 m. Presid nt 06).• �NA✓syt.0, :'O ate,; Christopher J.Maguire ••,, �1d��.• President Philadelphia Indemnity Insurance Company,a Pennsylvania Corporation. On this 18TH day of July 2011,before me came the individual who executed the preceding instrument,to me personally known,and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY;that the seal affixed to said instrument is the Corporate seal of said Company;that the said Corporate Seal and his signature were duly affixed. COMMONWEALTH OF PENNSYLVANIA . Notarial Seal . Kimberly A.Keaeleakt,Notary Public :i� Lower Marion Twp.,Montgomery County � My Commission Expkva Dec.18,2012 Member,Pennsylvania AssoonofNatatlae 'ota r.''��"'�" deu I,Craig P.Keller,Executive Vice President,Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY,do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 18TH day of July 2011are true and correct and are still in full force and effect.I do further certify that Christopher J.Maguire,who executed the Power of Attorney as President,was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 2nd day of July 20 14 • Cr . eller Executive Vice President,Chief Financial Officer&Secretary s ACKNOWLEDGMENT State of California County of Orange On July 2, 2014 before me, Lori Michel, Notary Public (insert name and title of the officer) personally appeared Mark Kawanami 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. MICHEL CommissionLORI #2030519 WITNESS my hand and official seal. Z `fa. Notary Public-California } zrryti Orange County My Comm. Expires Jul 20, 201 / Sign' ture L: 1 -11- ' (Seal) •