1995-0207_TAYLOR WOODROW HOMES CALIFORNIA_Surety Agreement (2)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 Taylor Woodrow Homes California
Limited, a California Corporation, referred to as "Developer".
WITNESSETH
WHEREAS, City will issue Grading Permit No. 33371 to Developer to construct certain
designated improvements, more particularly described in Exhibit "A" attached and incorporated herein
by reference, which said improvements constitute a portion of that real property at the location of
Tract 13436, commonly referred to as Lomas San Juan Area C-2.
WHEREAS, San Juan Capistrano Municipal Code Section 8-3.05 requires the posting of
financial security to secure the faithful performance and labor and materials for the grading and
installation of improvements connected with issuance of grading permits.
WHEREAS, San Juan Capistrano Municipal Code Section 8-3.06 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 furnish all labor, materials and equipment for the installation of improvements set forth
in Exhibit "A". The grading permit and plans, which further defines the improvements in Exhibit "A",
are on file in the office of the City's Building Official, and all documents referenced in Exhibit "A" are
incorporated herein by reference.
2. Developer's Security. Developer shall provide a bond by a duly authorized corporate
surety, subject to the approval of the City's City Attorney, to secure Developer's improvement
obligations required under this agreement.
The amount of the bond shall be $772,161.05 f6r that work described in Exhibit "A". This
security of $772,161.05 shall also serve as security for restoration of the site. A copy of the surety
instrument, as approved by the City Attorney, is attached as Exhibit "D".
Surety Agreement
Taylor Woodrow Homes California Limited
Lomas San Juan Area C-2
Page 2
3. Completion of Irtlprovements. To ensure the protection of the public safety, health
and welfare, Developer shall construct the improvements described in Exhibit "A" in accordance with
the schedule as set forth in Exhibit "B", and the conditions as set forth in Exhibit "C".
4. Developer Default. In the event Developer does not complete the required
improvements, including erosion -control measures within the time required, 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 8-3.06 allows the
City to require bonding as security to ensure against adverse aesthetic impacts arising from
uncompleted grading and/or improvements. The purpose of this bonding shall be to restore the
property to its original condition if the Developer defaults. This restoration shall include:
A. Dismantle and/or demolish improvements;
B. Grade property to its original contours as shown on the grading plan referred
to in Exhibit "A";
C. Remove all debris and construction materials from the site; and
D. Install erosion control, including hydroseeding, to the satisfaction of the
Building Official.
6. Attom s Fees. Developer agrees to pay City such sum as the court may adjudge 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. may. 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.
Surety Agreement
Taylor Woodrow Homes California Limited
Lomas San Juan Area C-2
Developer:
Page 3
In witness whereof, the parties have executed this agreement as of
7 , 1995 at San Juan Capistrano, California.
Taylor Woodrow Homes California Limited
v . r . r iUaLLa.
zM;9t
By: Daniel W. McFarland
Building Official
Approved as to Form:
By: Richard K. Denhalter a/7/QS
City Attorney
Surety Agreement
Taylor Woodrow Homes California Limited
Lomas San Juan Area C-2
EXHIBIT "A"
Lomas San Juan Area C-2
Page 4
ITEM 1: Construction of all on-site grading (cut, fill and slope stabilization) operations in
accordance with Grading Permit No. 33371 and the Developer's plans and supporting
documents as listed below:
(A) Grading Plan for Lomas San Juan; Area C-2, dated 3/31/98, prepared by
Hunsaker & Associates, Irvine, Inc., Neil D. Morrison, RCE No. 28545.
(B) Geotechnical Report for Lomas San Juan, Area C-1, dated 1/31/97, prepared
by Leighton & Associates, Inc., Don Terres, CEG No. 1362.
ITEM 2: Construction of all on-site improvements in accordance with Grading Permit
No. 33371 and Developer's grading plans referenced in Item 1 above, including, but
not limited to: driveways, parking areas, retaining walls, terrace drains, down drains,
subdrains, area drainage systems, and private storm drain systems not a part of
Developer's Improvement Plans filed with the City Engineer.
ITEM 3: Construction and placement of landscaping and irrigation in accordance with
approved plans for Lomas San Juan Area C-2 as included in the above plans.
Surety Agreement
Taylor Woodrow Homes California Limited
Lomas San Juan Area C-2
EXHIBIT "B"
SCHEDULE FOR COMPLETION OF IMPROVEMENTS
ui
Within 15 months of permit issuance
With 24 months of permit issuance
Task
Rough Grade Certification
Landscape Irrigation
With 24 months of permit issuance Landscape Planting
Page 5
Surety Agreement
Taylor Woodrow Homes California Limited
Lomas San Juan Area C-2
EXHIBIT "C"
CONDITIONS FOR COMPLETION OF IMPROVEMENTS
Page 6
A. The grading for this project shall be in strict conformance with the grading plans and related
documents as described in Exhibit "A" and Grading Permit No. 33371.
B. Grading operations shall commence within fourteen (14) calendar days after issuance of
Grading Permit No. 33371.
Winter grading will be conducted in strict accordance with the dynamic erosion -control plan
submitted by the Developer, and approved by the City. This erosion -control plan reflects
erosion 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 -control plans reflecting current conditions of grading shall
be submitted within ten (10) days of cessation of work. These plans shall include erosion -
control planting as required by the City.
C. A sequence plan of grading operations shall be approved by the City prior to the issuance of
any grading permit for this project. Any variation or deviation in the sequence of operations
must be recommended, in writing, by the supervising civil and soils engineers and approved
by the Building Official prior to performing any work related to the variation or deviation.
D. Except as specified in "G" below, suspension in excess of twenty (20) working days of work
authorized by Grading Permit No. 33371, including erosion -control measures and landscaping
and irrigation, shall constitute default of this agreement.
E. 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 (see "G" below), shall be filed
with the Building Official. This interim report shall conform to the grading code requirements
for final compaction reports.
F. 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.
Surety Agreement Page 7
Taylor Woodrow Homes California Limited
Lomas San Juan Area C-2
G. Grading operations suspended during the rainy season shall be resumed no later than 15 days
from date of suspension.
H. Developer shall provide approved on-site archaeological monitor during all phases of grading
and foundation excavation and submit a final archaeological report to the City upon
completion of the grading.
I. Developer shall provide approved Native American monitor during all phases of grading and
foundation excavation and submit a final Native American report to the City upon completion
of the grading.
J. Developer shall provide approved Paleontologist to monitor all phases of grading and
foundation excavation and submit a final Paleontological report to the City upon completion
of the grading.
K. The grading for this project shall be in substantial conformance to the grading concepts of
Vesting Tentative Tract Map Nos. 13436 and 13437 as approved by City Council Resolution
No. 89-6-6-4 and 89-6-6-5, and in strict conformance with the grading plans and related
documents as described in Exhibit "A" and Grading Permit No. 33371.
L. Installation of final erosion -control landscaping and irrigation, as required by City Council
Resolution No. 89-6-6-4 and 89-6-6-5, Conditions of Approval, shall be commenced within
seven (7) calendar days after Rough Grade Certification has been approved by the Building
Official, or at any time at the discretion of the Director of the Department of Planning.
Street trees and erosion -control landscaping shall be installed in accordance with City Council
Resolution No. 89-6-6-4, Item No. 6(2) and 89-6-6-5, Item No. 6 (b).
M. Installation of interim erosion -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 grade certification. Final erosion -control
landscaping and irrigation systems shall be installed prior to final inspection of the grading
permit.
N. All work shall be performed in strict observation of the Hours of Operation in accordance
with San Juan Capistrano Municipal Code Section 8-107.
Surety Agreement
Taylor Woodrow Homes California Limited
Lomas San Juan Area C-2
Page 8
O. Contractor shall adhere to conditions of haul route permit and encroachment permit issued
by the City Engineer.
Parking for construction crew is to be on-site.
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1 17 1
(949) 493-1053 (FAX)
December 7, 1999
The American Insurance Company
777 San Marin Drive
Novato, California 94998
To whom it may concern:
MEMBERS OF THE CITY COUNCIL
COLLENE CAMPBELL
JOHN GREINER
WYATT HART
GIL JONES
DAVID M. SWERDLIN
CITY MANAGER
GEORGE SCARBOROUGH
This letter is to authorize the reduction of the grading bond posted with the City of San
Juan Capistrano by Taylor -Woodrow Homes for the Lomas San Juan Area C-2. Bond
number 11127274121 may be reduced from $772,161.05 to $25,000. Notice of the
reduction of the bond amount should be sent to the City of San Juan Capistrano, attention
City Clerk's Office, attention Ms. Dawn Schanderl.
If you have any questions or need clarification, please contact me.
Sincerely,
Daniel W. McFarland
Building Official
cc: Bob Liewer
Dawn Schanderl
San Juan Capistrano: Preserving the Past to Enhance the Future