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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