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20-1013_RD OLSON CONSTRUCTION, INC._Bond Reduction Letter32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAx www.sanjuancapistrano.org October 13, 2020 Chubb Surety Attn: Karen Brandt, Underwriting Services Specialist 1 436 Walnut Street, WA10H Philadelphia, PA 19106-3703 To whom it may concern: MEMBERS OF THE CITY COUNCIL TROY BOURNE SERGIO FARIAS BRIAN L. MARYOTT DEREK REEVE JOHN TAYLOR This letter is to authorize the reduction of the following Grading Surety Agreement Performance Bond with the City of San Juan Capistrano and R.D Olsen Constrction, Inc. c/o South Coast Investors Il, LLC for precise grading project 31692 EI Camino Real, Grading Permit No. B17-1134: Performance Bond 8239-4-07 from $1,101,246.00 to $110,124.00 Notice of the reduction of the bond amounts should be sent to the City of San Juan Capistrano, City Clerk's Office, attention Maria Morris, City Clerk, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675. If you have any questions or need clarification, please contact me at (949) 443-6310. Sincerely, Christy Jakl, CMC Assistant City Clerk Cc: Tom Toman, Public Works Director Madison LaScalza, Engineering and Planning Technician Building Division San Juan Capistrano: Preserving the Past to Enhance the Future 0 Pnnted on 100% recyGeE paper GRADING SURETY AGREEMENT I HIS AGREEMENT is made by and between the CITY OF SAN JUAN CAPISTRANO, a municipal corporation, hereinafter referred to as the "City," and RD Olson Construction Inc. c/o South Coast Investors ll, LLC, hereinafter referred to as "Developer." WITNESSETH WHEREAS, City will issue Precise Grading Permit No B17-1134 to Developer to construct certain designated improvements upon a portion of that real property located at 31692 EI Camino Real, San Juan Capistrano, CA, such work being commonly referred to as Plaza Banderas Hotel ("Project"). WHEREAS, San Juan Capistrano Municipal Code Section 8-2.08 requires the posting of financial security to secure the faithful performance for the grading and installation of related 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 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 fumish all labor, materials and equipment forthe Project depicted on the plans entitled "PRECISE GRADING PLAN Plaza BANDERAS" as approved by the City Engineer, on February 18, 2018. 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 # B17-1134 Page 1 of 10 6I 147.U210024835741.2 2. Developer's Security. Developer shall provide a cash deposit, irrevocable letter of credit, 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 ("Security). The amount of the Security shall be $1,101,246 for all onsite grading improvements as approved by the City Engineer. This Security shall also serve as security for restoration of the Project site. A copy of the performance bond form, as approved by the City Attorney, is attached hereto as Exhibit "C" and incorporated herein by this reference. Copies of approved irrevocable letter of credit forms and certificate of deposit form are available upon request. 3. Completion of Improvements. To ensure the protection of the public safety, health and welfare, Developer shall construct the Project in accordance with the schedule asset forth in Exhibit "A", and the conditions asset forth in Exhibit "B". Exhibits "A" and "B" are attached hereto and incorporated herein by this reference. 4. Developer Default. In the event Developer does not complete the required 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 (20) working days without written approval of the City, City shall have the right to immediately declare a default and to make demand on Developer's surety for performance of all obligations under this Agreement. 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 incomplete grading, drainage and/or improvements which includes illicit non - storm drain water discharge. The purpose of this security shall be to restore the property to a safe and acceptable condition in the event 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 Grading Surety Agreement, Permit # B17-1134 Page 2 of 10 61147.02100@4R35741.2 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 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 ariy judgment in such action against Developer if such action is determined in favor of the 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 Project. S. Liability. City, its officials,. officers, employees, agents, and volunteers shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of Developer, its agents or employees in the performance of this Agreement. Developer further agrees to protect, indemnify, and hold harmless City, its officials, officers, employees, agents, and volunteers from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, the alleged acts or omissions of Developer, its agents or employees in the performance of this Agreement, including all claims, demands; causes of action, liability, or loss because of, or arising out of, in whole or in part, the design or construction of the Project. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said Project, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction of drainage systems, streets and other improvements. SIGNATURES ON FOLLOWING PAGE Grading Surety Agreement, Permit # 617-1134 Page 3 of 10 61147.02100"24835741.2 SIGNATURE PAGE TO GRADING SURETY AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND RD Olson Construction Inc, c/o South Coast Investors 11, LLC IN WITNESS WHEREOF, the parties have executed this Agreement as of March 2nd , 2018 _ 1 CITY OF SAP! JUAN CAPISTRANO RD Olson Co�struction Inc. c/o South By: Coast investo t�l� LLLC Carlos Yado, Building Official By: i Dated: Approved as to Form: Jeff Ballinger, City Attorney Grading Surety Agreement, Permit # 817-1134 61147.02100_4955741.2 Printed Name <4t tt 2 0 i l: fT� Title a • V, p Printed Name Page 4 of 10 EXHIBIT"A" SCHEDULE FOR COMPLETION OF IMPROVEMEMTS Task Completion Date 1. Pad grades 6/1/18 2. Storm drain 811118 3. Curb & gutter 411/19 4. Parking lot 611/19 Grading Surety Agreement, Permit # B17-1134 Page 5 of 10 61147.021 OUNK357412 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 coveror 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 filed with the Building Official. This interim report shall conform to the grading code requirements for final compaction reports. Grading Surety Agreement, Permit# B17-1134 Page 6 of 10 61147,02 IW*148357412 ' 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. 6. All work shall be performed in strict observation of the Hours of Operation in accordance with San Juan Capistrano Municipal Code Section 5-1.03. 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 Security: Developer's security shall be reduced to 90% upon signoff of precise grading permit. No security given by Developer shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. Nothing herein shall limit the City's rights nor the Developer or surety's obligations under this Agreement. 12. Warranty Period: 1 year from permit signoff by City. Grading Surety Agreement, Permit !a B17-1134 Page 7 of 10 61147.02100'24535741.2 BOND NO. 8238-47-07 INITIAL PREMIUM: $8,343.00 SUBJECT TO RENEWAL GRADING SURETY AGREEMENT PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: R.D. Olson Construction, Inc. WHEREAS the City of San Juan Capistrano (`City") and c%South Coast Investors II, LLC ("Principal"), have executed an agreement for work consisting of, but not limited to, the famishing of all labor, materials, tools, equipment, services, and incidentals for all grading and installation of related improvements for Plaza Banderas BI', -1134 ("the Work"); WHEREAS, the Work to be performed by Principal is more particularly set forth in that certain Grading Surety Agreement dated March 2nd 2018 ("Agreement"), which Agreement is incorporated herein by this reference; and WHEREAS, Principal is required by the Agreement to provide a good and sufficient bond fon performance of the Agreement, and to guarantee and warranty the Work performed thereunder. NOW, THEREFORE, Principal and __—Federal Insurance Company as surety ("Surety"), a corporation organized and existing under the laws ofthe—State of Indiana , 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 One Million One Hundred One Thousand Two Hundred Forty Six dollars (S1,I01,246), for which amount well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors or 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, warranties and provisions in the Agreementand any alteration thereof made as therein provided, on his or their part, 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 therein stipulated in the Agreement, then this obligation,shall becomenull 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 shalt 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. 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 Grading Surety Agreement, Permit # B17-1134 Page 8 of 10 flr 14Te7.100 24335741.7 obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Agreement, or to the Work or to the specifications. 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, Laguna Hills, CA _,this _7th -day of March 2018 . R.D. Olson C ruction, Inc. clo South as I vectors ll, LLC Federal Insurance Company (print name) Surety BY Attomey-in-Fact Linda D. Coals (prind name) NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION BY PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF ATTORNEY TO LOCAI, REPRESENTATIVES OF THE SURETY MUST BE ATTACHED TO THIS BOND. Grading Surety Agreement, Permit # B17-1134 6114T02 M24835741,2 Page 8 of 10 Notary Acknowledg miert A notary pubic or other officer completing this certificate [document erifies only the identity of the individual who signed the to which this certificate is attached, and not theruthfulness, accuracy, or validity of that document. _ J STATE OF CALIFORNIA COUNTY OF Ong 1 -7 20L, before me, V ^GVW L�� Nota Public, rypersonalty appeared �(2 O (I . UA9�1 who proved to me on the basis of satisfactory evidence to be the person(p) whose name(G is are subscribed to the within instrument and acknowledged to me that.be (they executed the same in ' heir authorized capacity(ies), and that by heirsignature(s) on the trument the person(fi) or the en ty upon behalf of which the person(,S) acted, exe ed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct- KATN1 SNORT WITNESS my hand and official seat. Commission M 2115535 aNotary PUDIic - Cautb.nia i Z Orange County z it n 14, 2019 OPTIONAL Though the information below is not required bylaw, 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 Taiet:) _ ❑ Partner(s) ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: Signer is representing: Name Of Persons) Or Emity(tes) Grading Surety Agreement. Permit # B17-1134 6114Z02100'14835741 2 Title or Type of Document - um -- Number of Pages _. Oete of Document Slgner(s) ONer Tnan Named Above Page 10 of 10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 Califomia County of pp Orange ) On (11 all! r�.aC I before me, Date personally appeared Linda D. Coats Summer L. Reyes, Notary Public Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/her/their authorized capacity(es), 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. SUMMER L. REYES Notary Public - California <(% .-� - Orange County i Z Commission K 2158864 '- My Comm. Er fres Jul 29.2C20 Place Notary Seal Above 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. Signaturei,r�v1 S gna of Notary Public 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(fes) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s), ❑ Partner — ❑ Limited C General ❑ Individual 7 Attorney in Fact Trustee ❑ Guardian or Conservator Other: Signer Is Representing: Signer's Name: Corporate Officer — Title(s): Partner — ❑ Limited ❑ General J Individual ❑ Attorney in Fact Cl Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: .;� 02014 National Notary Association • www.NationaiNotary.org • 1 -800 -US NOTARY (1-800-676-6827) Rem #5907 Chubb POWER Federal Insurance Company Attn: Surety Department Sure OF Vigilant Insurance Company 16 Mountain View Road Surety ATTORNEY pacific Indemnity Company Warren, NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Linda D. Coats, Matthew J. Coats and Summer Reyes of Laguna Hills, California each as their true and Iawm Atlomay. In. Factto overate under such designation M Weir nam9a end 10aft their mrpomta seals to and deliver icrand on their beharas surety thereon or otherwise. bonds and Undertakings and ether writings obligatory in the nature thereof (quer than bat bontla) given or executed in We course of business. and any instruments amenduq or ageing the same, and mnsemis tD the modfimtl in orafterallon of any Insbumentrererted to in said bads a obligations. N Wltil Whd f, Said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and�tl25tad these Presents and affixed their corporate Santa cn this 1 dayof June, 2015. C ell, Dawn M. (.morns. Assistant &acatery �.Dawd a Nnem Jr vew P...ewe,a c1u>> STATE OF NEW JERSEY County of Somerset Orionis let day of June, 2015 before me, a Notary Public of New Jersey. Petsona►y came Dawn NL CnlenS. m me known to be Assistant Severaly of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the compardeawhiCh executed the foreggng Powaof Ac mey, andthe Sac Dain M. DOOMS. being by ma duty sworn, dM depose arra say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that ire $eals atoned to the foregoing Power of Attorney am such corporate seals and were thereb affixed by authority of the By. Laws of mid Companies; and that she signed said Power of Attorney as Assistant Secretary of said Compardes by like eutlartty, and than she is acquaimed ri with David 8. Nos, Jr., and knows him to be Vice President of mkt Companies; and that the signature q David B. NOds, Jr., subscabed to cold Parer of Attorney is In the genuine handwriting in9 0l DB. Noah, Jr., and wareta S thesubscribedbyauarority of mist By - Laws and In deponent's presence. Notarial $ml �T,wy KATHEMNE J. ADELAAR NOTARY PUBLIC OFNEW JERSEY X06! iGNa 2318IIBS xni COmmISSIOR EMITS Judy tis, 2Dt9 notary Pubrc CERTIFICATION EKi from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY. 'ATI Powers of adomey for and on behalf of the Company may and shall be executed in the more and on behalf d tho Company, eshar by the Chairman or the president or a Vim President a an Assistant Vice President, jointly wire the Secretary or an Assistant Secretary, under Weir restmob a dmignadom. The signature of such ommrs may be engraved, printed or lithagmPhed. The Signature of each of the fgrowing OlEmn c. Chairman. President any Vim Pmsiden4 any Assistant Vice President any Sec clary, any Asscmt Secretary and the seal Or the Company may be aFced by famimlle to a certirmle reladng Ulerato I dry ander de atomey, a m arty span comp Amletam Seerdariee a Attorneys- in- Fact for purposes only q exemti� and edeating bonds and undertakings and other writings oNigecy In the mance thereof, and any ouch power of altomey or certRcate hearing such feoimlle signature m famimle seal shall be valid arra binding upon the Company arc any such power an executed acrd candied by such facsimile signature and facsimile seal shall be valid and binding upon the Company with nispect toarrybond a undertaking to which R is attached - 1, Daum M. Chbma, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY phe'Companinj do hereby certify that 01 the foregoing extlaet gthe By- Laws of thin Companies la tree and correct, (d) the Companies are duly licensed and suthertzed to transact surety business In ell W Of the United Slates OfAmenca and Us District of Columbia and are authorized by the U.S. Treasury Department further, Federal and Vigilant are licensed in Bre U.S. Virgin Islands, and Federal Is Limned hi Guam, Puerto Rim, and eachof bre Provinces of Canada except Prince Edward Island; and (ii) the foregoing PowerefAnorrley is true, correct and In NII fare and effect Given under my nandand seals m mid companies st warner, NJ this 7th day of March 2018 Dawn M. Caoma, ASsistamSecaery IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFYTHE AUIIRNTIGTY OF TMS BOND OR NOTIFYUS OF ANYOTIIFR NATTER. PLEASE CONTACTUS ATADDREm Fmn 15-10.0225& U GEN CONSENT (rca. 12.14)