19-1023_TOLL WEST COAST LLC_BOND RELEASE32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493.1171
(949) 493-1053 FAx
www. sanjuancapistrano. org
October 22, 2019
Western Surety Company/ CNA Surety
P.O. Box 5077
Sioux Falls, SD 57117-5077
MEMBERS OF THE CITY COUNCIL
TROY BOURNE
SERGIO FARIAS
BRIAN L. MARYOTT
DEREK REEVE
JOHN TAYLOR
Re: Release of Bond — Toll West Coast, LLC_. — Grading Permit No. B16-1425 — Lot 2 Tract
15687 Pearl B16-1425 W
Dear Sir or Madam:
This letter is to inform you that the following bond issued to Toll West Coast, LLC. — Grading
Permit No. B16-1425 — Lot 2 Tract 15687 Pearl B16-1425, is officially released as of October
22, 2019.
BOND NO. PURPOSE ORIGINAL AMOUNT
30034587 Grading Surety Agreement Performance Bond $4,790,935.00
The City of San Juan Capistrano hereby fully and forever releases and discharges
Philadelphia Indemnity Insurance Company from any and all liability under the
abovementioned bond number. The original — released — documents are enclosed. If you
ve ay questions, please do not hesitate to call me at (949) 443-6310.
l
S n' er ly,
1
�r
I
ah Tris
City Clerk
Enclosures as noted
cc: Steve May, Public Works and Utilities Director
Rob Stauffacher, Permit Technician
San Juan Capistrano: Preserving the Past to Enhance the Future
Co Printed on 100% recycled paper
BOND NO. 30034587
INITIAL PREMIUM: $33,35700
SUBJECT TO RENEWAL
GRADING SURETY AGREEMENT
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS.-
WHEREAS,
RESENTS:
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 ($4.790.9.35.00), 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, Pennit # 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,,
appeared
Notary Public, personally
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.
certify under PENALTY OF PERJURY under the laws of the Stat of California that the foregoing paragraph
is true and correct, �
WI my hand and official seal.
Signature of Notary Public{ Y y ~
OPTIONAL
�*y
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
n Individual
F.l Corporate Officer
Title{s} Title or Type of Document
r'
U Partner(s) I Limited _
General Number of Pages
Attorney -In -Fact
n Trustee(s)
0 Guardian/Conservator Date of Document
U 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 4 B16-1425
61147.02100\24835741 2
Notary Acknowledgment
A notary publte 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 OSTROF'F 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.
certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNW, my hand a dbfficial seal.
Signature of Notary Public
OPTIONAL
Though, the information below is not required relying on the document
and could prevent fraudulent rem est ar?d re9NgWAwALoVAs form to ano liar document.
CAPACITY CLAIMED BY SIGNER N � Town r F TTAGHED DOCUMENT
Individual My Canmialon EVIres Deoember 3" 2020
[] Corporate Officer
Ttle(s) Title or Type of DOCUMent
Fj Partner(s) 1 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 --Com an
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, Pennit # B16-1425
61147.02100124835741.2
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 -tern 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
$
2,043,412,508
LlAQJLITlES.AND SWLi'J,LJS
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
Surplus as regards policyholders
Total Liabilities and Capital $ 2,043,492,508
1, Troy W� ray, -Assistant Vice President of Western Surety Company hereby certify that the above is an
accy� _yrs prv.� Iiwtioil of the financial statement of the Company dated December 31, 2017, as filed
wiilt tltu'vaJr�ii.is.,f1�brance Departments and is a true and correct statement of the condition of Western
Surc`ltiy,., .0Mj arp ,a,~;saf that date.
°;,i_ Western Surety Company
:+� yt',5..• .. • • '�� •' B
Assistant Vice Pi Gn!
Subscribed and sworn to me this ___ 8th _----- day of M -Arch _ _ __ , 2018.
C01111 1 ti7{�CX,IilCCS4 YOLANDA JIMENEZ
OFFICIAL SEAL
Nurary Public., Slele o' Illinois -
'.A- My Commission Expirez�'—
;o Io+nler 7t, 10191 _.
HUNSAKER
& ASSOCIATES
IRVINE, INC.
Preliminary Budget for Bonding Purposes
Project Name. TRACT NO, 15687
Location: City of San Juan Capistrano, Callfomla
Type of plan: Rough Grading & Erosion Control Plans
Page 2 of 4
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
$326,500.00
SUB -TOTAL EARTHWORK
$542,350,00
10% CONTINGENCY
$54.235.00
TOTAL EARTHWORK
$596,506,00
RPUGH.0 RAOI.NG Naas;
36" WIDE UTILITY "V" DITCH
850
LF
$34.00
$28,900,00
18" ATRIUM DRAIN WITH PIPE CONNECTION
a
EA
$1,000.00
$8,000.00
SIDE YARD RETAINING WALL
2,600
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
1,360
LF
$2.00
$2,700.00
VEDURA WALL
58,000
SF
$40.00
$2,320,000.00
4" SUBDRAIN SYSTEM FOR WALLS
6,500
LF
$20.00
$130,000.00
SUB -TOTAL ROUGH GRADING
$2,843,600.00
10°x6 CONTINGENCY
$264,360.00
TOTAL ROUGH GRADING
$2,007,980.00
Page 2 of 4
HONSAKER
& ASSOCIATES
IRVINE, INC,
Preliminary Budget for Bonding Purposes
Project Name: TRACT NO, 15687
Location: City of San Juan Capistrano, California
5,110
LF
$2.00
$10,220,00
Type of plan: Rough Grading $ Erosion Control Plans
490
LF
$2,00
$980.00
STABILIZED CONSTRUCTION ENTRANCE
2
EA
UNIT
$7,000.00
DESCRIPTION QUANTITY
UNIT
PRICE
TOTAL COST
STRECT CONSTRIJCJON
CHECKDAM
7
EA
$500.00
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 8 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
$16,600.00
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 $50,665.00
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
10% CONTINGENCY
TOTAL EROSION CONTROL
Page 4 of 4
$24,950.00
$2,495.00
$27,445.00
MEMORANDUM
October 11, 2019
TO: Maria Morris, City Clerk
FROM: Steve May, Public Works & Utilities Director
SUBJECT: Grading Bond Reduction — B16-1425 Tract 15687
This memorandum is authorization to release of Surety Bond #30034587 in the amount of
$4,790,935 being held for B16-1425 Tract 15687. Said bond was issued by Western Surety
Company. 90% of the work has been completed and approved and a cash deposit in the
amount of $50,000 has been posted by Toll Brothers.
Please notify:
Toll Brothers
725 W. Town & Country Road
Orange, CA 92868
Attn: Greg LoMedico, 818-332-7244, glomenico@tolIbrothers.com
A copy of the Bond is attached.
Thank You.
cc: Community Development/ Building; file
CITY OF SAN JUAN CAPISTRANO
32400 Paseo Adelanto
4R, SAN JUAN CAPISTRANO, CA 92675
�t77L
�h (949)493-1171
Paid By TOLL BROTHERS INC., Contractor TOLL BROS INC
Permit Number
B16-1425
Receipt Number
70798
Paid Date
10/11/2019
Check No
10214757
Payment Method
CHECK
GRADING REFUNDABLE DEPOS
250 GIBRALTAR ROAD
HORSHAM PA 19044
Site Address
HARBOR VIEW TRACT 156187 LOT 2
Description
HARBOR VIEW TRACT 15687 ROUGH GRADE & VERD
Fees
90-00000-23302-00000-238
FEE TOTAL $50,000.00
$50,000.00