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05-0201_MAMMOTH EQUITIES, LLC_Surety Agreement 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 Mammoth Equities, LLC, a Limited Liability Corporation referred to as "Developer'. WITNESSETH WHEREAS, City will issue Grading Permit No. 48987 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 APN 650-011-32, commonly referred to as 29122 and 29222 Rancho Viejo Road. WHEREAS, San Juan Capistrano Municipal Codes Section 8-2.08 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 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 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. J 2. Developer's Security. Developer shall provide a bond by Arch Insurance Company, Bond # SU 501 3081 subject to the approval of the City Attorney, to secure Developer's improvement obligations required under this agreement. The amount of the bond shall be$126,103.00 forthat work described in Exhibit"A". This security of$126,103.00 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". 3. Completion of Improvements. 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 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 its original 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 grading plan referred to in Exhibit "A"; 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 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 �i2rs4is 20 OS at San Juan Capistrano, California. Developer City of San Juan Capistrano Be Robert L. Wish Nasser Abbaszadeh Principal, Mammoth Equities LLC 'r Engineering and Building Director Approved as to Form: By: Johd 9haw City Attorney EXHIBIT "A" Mammoth San Juan Capistrano 1 29122 & 29222 Rancho Viejo Road Item 1: Construction of all on-site grading (cut, fill and slope stabilization) operations in accordance with Grading Permit No. 48987 and the Developer's plans and supporting documents as listed below: (A) Grading Plan for 29122 &29222 Rancho Viejo Rd. dated January 27, 2005 prepared by Partners Planning and Engineering, Andrew J. Kann, RCE No. 50940. (B) Geotechnical Report for 29122 & 29222 Rancho Viejo Road, dated December 3, 2004, prepared by Neblett and Associates, Inc., William W. Neblett, RG No. 7227. Item 2: Construction of all on-site improvements in accordance with Grading Permit No. 48987 and Developer's grading plans referenced in Item 1 above, including, but not limited to: driveways, parking areas, retaining walls, erosion and silt control, terrace drains, down drains, sub-drains, area drainage systems, and private storm drain systems not a part of Developer's Improvement Plans filed with the City Engineer. EXHIBIT "B" SCHEDULE FOR COMPLETION OF IMPROVEMENTS Completion Date Task April 30, 2005 Rough Grade Certification November 1, 2005 Landscape Irrigation December 1, 2005 Landscape Planting EXHIBIT "C" CONDITIONS FOR COMPLETION OF IMPROVEMENTS 1. The grading forthis project shall be in strict conformance with the grading plans and related documents as described in Exhibit "A" and Grading Permit No. 48987 2. Grading operations shall commence within fourteen (14) calendar days after issuance of Grading Permit No. 48987. 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. 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. 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. 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. By City Council Policy 601, Developer shall provide approved on-site archaeological monitor during all excavation activities in excess of 18 inches, unless determined exempt by the Planning Director and submit a final archaeological report to the City upon completion of the grading. 8. 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 grade certification. Final erosion and sediment control devices, planting, landscaping and irrigation systems shall be installed prior to final inspection of the grading permit. 9. 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. 10. Contractor shall adhere to conditions of haul route permit and encroachment permit issued by the City Engineer. 11. Parking for construction crew is to be on-site. PERFORMOM BOND Bond'No. 501 •3081 Premium: ,522.00. .. KNmALLMENSYT ESEPRESENTS.1het Mammoth San Juan Capistrano L, LJ,C as Pr K*d (hereklellef Calm -CbnbaCbr), and Arch Insurance Company as Surely(hereinaltercelM aSweVI we held and fm*bard unto the Cdyof San Juan Caplskarno, 85 oblgee (hereknalter caAed ''Cfiyj In go amour t of one hundred twenty- six .thousand one hundred three and. no/100's Dan(:126,103.Q0 for peymerrt whereof Cm ador and Swety bind ttrenreelves, their hake, wmwWra, adr*dokators,su00esaOfB and asei8r16.jokdly end awderaly,fekfy by these preaarnta WHEREAS.C=*acfortmM bywAm aBreertnentdaied k enbmW MD a(fie k Grading for APN 650-011-32 commonly referred to as 29122 & 29222 Ranch Viejo Road, San Juan Capistrano, California : which omrlra AW by referernca,made a part hereof. NOW.T ,fhe — f Kion of#&o'09 0 n is such that,if Cornbactor dud prmiptly and faV**perlam said agreement,tires tis obAgedmn shah be and and void; dkwwbe k and remain in ful imoe mrd effect. Surety w*vW whatever kQd right n may . have b imWi a that a dernand be made>irst agekW the Conkador b the Gv8M ofdebA " BE IT FURTHER RESOLVED.that 1. Asa partofthe obipa*m aecoed hereby.and b addition tD#wfaoe ammxnt specified. there shah be kmb ded coats and reesorrebfe eVernses and fees, kWudkrg All l l albnmyle fees, kraxred by City in srrocessfr/y ernlNCbq such obligation.err to be tined as coeb asd krckdsd in airy Wgnmd rendered. .pa 4- aerraeo 4 2. Said Surety.forvaluereoeivsd,herebystipulatesandagreesihatnod ge, extension of time, alteration,or modification of the contract documents,or of the work to be performed thereunder,shall in any way affect its obligations or this bond, and it does hereby waive notice of any such dunW,extension oftime,alteration or modification of the contract dodmrerds or of work to be perkwmed thereunder. EXgCUIedthi3 27thdgyof January 2pp5 Laguna Hills . Cawornia PRINCIPAL Mammoth San Juan -Capistrano I, .LLC. . BY (NOTARIZATION AND SEAL) APPROVED AS TO FORM: BY / John R. Slighr, City AriorneY SURETY Arch Insur nce Company By: 1� . Linda D. Coats, Attorney in Pact (NOTARIZATION AND SEAL) -2- 05maw i CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange On JAN 2 7 2005 Christine M. Rapp, Notary Public NAME,=E OF OFFICER personally appeared Linda D. Coats NAME OF SIGNER(S) ® Personally known to me - or- ❑ 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 4,SE^-IJFF CHRISTINEM,RAPp, executed the same in his/her/their authorized capacity(ies), COMM.#1494619 and that by his/her/their signature(s) on the instrument the - 'fit c NOTARY PUBLIC-CALIFORNIA y Y ' ORANGECOUNTY person(s), or the entity upon behalf of which the person(s) °„�,qo+ My Comm.Expire JULY 9, 1008 acted, executed the instrument. WITNESS my hand and official seal. ( IGNATURE NOTA I) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL/OWNER ❑ CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LWrrED ❑ GENERAL NUMBER OF PAGES ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) ir N, : ARCH Insurance Company ARCH Suret3r NOTICE— DISCLOSURE OF TERRORISM PREMIUM In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Arch Insurance Company is the surety. DISCLOSURE OF PREMIUM The portion of the premium attributable to coverage for terrorist ads certified under the Ad is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States wilt pay ninety percent(90%) of covered terrorism losses exceeding the applicable insurer deductible. POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the"Company")does hereby appoint Linda D. Coats and Douglas A. Rapp of Laguna Niguel, CA (EACH) Its true and lawful Attorneys)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on Its behalf as surety, and as Its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note,check,draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as.binding upon the said Company as fully and amply to all intents and purposes, as if the same had'beeh duty.executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated In writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous.consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached,shall continue to be valid and binding upon the Company. OOMLOO13 00 03 03 Page 1 of 2 Printed In U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 11th day of July ' 2003 Arch Insurance Company Attested and Certified gdonce C a tD0.10MTt '0 ' 9ML Joseph S. L I, Corporate Secretary Thomas P. Luckstone,Vice President STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS I Melissa B. Gilligan, a Notary Public, do hereby certify that Thomas P. Luckstone and Joseph S. Labell personally known to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. OFFICIAL SEAL MELISSA B.GILLIGAN,Notary N* State otconneclicul Melissa B.-Gilligan, ry Public —19 / M Commission Expires Febru 28,2005 My commission expires 2-28-05 CERTIFICATION 1, Joseph S. Labell, Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated July 11.2003 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Thomas P. Luckstone, who executed the Power of Attorney as Vice President,was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this day of JAN 2 7 20057 2005 ,20J Joseph S ell, Corporate Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. rgusance CDw . NRfOMiE 9m 1t.I, SG; A R Ylnami Home Office: Kansas City, MO 00ML0013 00 03 03 Page 2 of 2 Printed In U.S.A. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT i I State of California 1 ii County of On Ile 31 li before me, Data ^� rvaG/�a d✓))terM�llof ogicer(a.9., oea,Not ucllc) I `/�1( l ✓�/rrrCCC/ personally appeared Nalnecal m aria) I .. personally known to me ,.. �.....,�t.m.w r ❑ proved to me on the basis of satisfactory CONNIEM.MESSEMER evidence Commission*1347486 z f Notary Public-califomia I to be the persons) whose name(s) is/are1 Grange county subscribed to the within instrument and I' t'0f"" FxaltesPMariB'2008 Well acknowledged to me that he/she/they executed �� the same in his/her/their authorized r 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. WI ESS my hand and official seal. Signature of Notary PUNK fi; r1 OPTIONAL ry Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent j31 A fraudulent removal and reattachment of this form to another document. Description of Attached ocument 1 Title or Type of Document: Document Date: Number of Pages: 1_5� Ih�"51 Signer(s)Other Than Named Above: jl�51 Capacity(les) Claimed by Signerlipyy11 �'i Signer's Name: i51 OMEN ❑ Individual Top of mime here ❑ Corporate Officer—Title(s): 1 ❑ Partner—❑ Limited El General 1�� El Attorney-in-Fact 2i ❑ Trustee 1 ❑ Guardian or Conservator T ❑ Other: 51 rl Signer Is Representing:- 0 1999 epresenting:®1999 NeYmal Noel Areal•93W Ce Soto Ave.,P.O.Box 2402•ChalawmlM1,CA 913132002•w xaaaoaalnotary.or, Nao.No.5907 Reorder.Call Toll-Free 1-800-8766827