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05-0113_SOUTH COAST WATER DISTRICT_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 South Coast Water District, a California Water District referred to as "Developer'. WITNESSETH WHEREAS, City will issue Grading Permit No. 48882 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 San Juan Creek Property, commonly referred to as 26022 Stonehill Drive, San Juan Capistrano. 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. 2. Developer's Security. Developer shall provide a Performance Bond secured with Lincoln General Insurance Company, Bond # 661112290 - 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 $115,060.00 for that work described in Exhibit "A". This security of $115,060.00 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. 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 20 ©S at San Juan Capistrano, California. Developer South Coast Water District i, 6-to4vu- By: Michael P. Dunbar Principal/General Manager Approved as to Form: By: John 14aw City Attorney City of San Juan Capistrano 1 �_\_►►ILL=���i�► Daniel W McFarland Building Official EXHIBIT "A" South Coast Water District Groundwater Recovery Plant Access Road/Site Improvements Item 1: Construction of all on-site grading (cut, fill and slope stabilization) operations in accordance with Grading Permit No. 48882 and the Developer's plans and supporting documents as listed below: (A) Grading Plan for South Coast Water District dated November 23, 2004, prepared by Tetra Tech, Inc., Richard Steven Agor, RCE No. C57082. (B) Geotechnical Report for South Coast Water District, dated December 17, 2003, prepared by Ninyo and Moore, Lawrence Jansen, CEG 1198. Item 2: Construction of all on-site improvements in accordance with Grading Permit No. 48882 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. Item 3: Construction and placement of landscaping and irrigation in accordance with approved plans for South Coast Water District as included in the above plans. EXHIBIT "B" SCHEDULE FOR COMPLETION OF IMPROVEMENTS Completion Date May 15, 2005 June 15, 2005 Task Rough Grade Certification Landscape Irrigation August 15, 2005 Landscape Planting EXHIBIT "C" CONDITIONS FOR COMPLETION OF IMPROVEMENTS 1. 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. 48882. 2. Grading operations shall commence within fourteen (14) calendar days after issuance of Grading Permit No. 48882. 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. 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. 4. 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. 5. Grading operations suspended during the rainy season shall be resumed no later than 15 days from date of suspension termination. 6. 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. 7. 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. 8. Contractor shall adhere to conditions of haul route permit and encroachment permit issued by the City Engineer. 9. Parking for construction crew is to be on-site. Bond No. 661112290 Premium $3,301.00 ;LqLJ. - • • . _ KNOW ALL MEN BYTHESE PRESENTS, that south Coast water District as Principal (hereinafter called "Contractor") and Lincoln General Insurance Company as Surety (hereinafter called "Surety"), are held and firmly bound unto the City of San Juan Capistrano, as obligee (hereinafter called "City"). in the amount of Onu Hundred Fifteen Thousand Sixty and Nn/inn Dollen($ 115..060.00 for payment whereof Contractor and Surety bind themselves', their' heirs; executors, administrators, successors and assigns, Jointly and severally, faMy by these presents. WHEREAS. Contractorhas,bywrKen agreementdated , entered into a (describe agreement): Grading & Erosion Control for New Public Agency - water'Treatment Fnritity which contract Is, by reference, made a part hereof. NOW, THEREFORE, the condition of this obligation Is such that, if Contractorshall promptly and faithfully perform said agreement, then this obligation shall be null and void; otherwise it shall remain In full force and effect Surety waives whatever legal right it may have to require that a demand be made first against the Contractor in the event of default . BE IT FURTHER RESOLVED, that: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, 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. G;*Wffi09ftMMWtMW4WkW-V4W -1. Osman 2. Said Surety, forvaluerecek*d, hereby stipulates and agrees that nochange, 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 herebywalve notice of any such change, extension oftime, akeration or modification of the contract documents or of work to be performed thereunder. Executedthis loth dayof Sanuary 200-L. at 'San Diego , Callfomia. APPROVED AS TO FORM: By John R. SMw. City Attorney PRINCIPAL South Coast water District A&W O_ L+„� (NOTARIZATION AND SEAL) General Insurance Company XOTARIZAMON AND SEAL) Gloria S. Russell, Attorrey-in•-Fact' CLwpd '2' Mao OFFICIAL CALIFORNIA NOTARIAL CERTIFICATE ACKNOWLEDGMENT State of California County ofn r7 c Title of M On ,��YUCIIU IZi2000 before mejIC 4n personally appeared M AI UA Duo b Q E 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 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 persons(s) acted, executed the instrument. COMEANGELA DUZICH ion a 431267 Nobry NrbMc - California ►dyCamm�6VIw�Jul ie. 2007 WITNESS by my hand and official seal. NOTARY' SIGNATURE OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowledgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHMENT DOCUMENT I)IMg Eorj TITLE ORPE OF DOCUMENT hai irdudi'yV fa Arknow I'dQrr)w-' NUMBER OF PAGES DATE OF DOCUMENT OTHER LINCOLN GENERAL INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Lincoln General Insurance Company, organized and existing by virtue of the Laws of the Commonwealth of Pennsylvania, dons hereby nominate, constitute and avpofnt: Gloria S. Russell its true and lawful attomey(s)-in-fact to sign, seal and execute for and on its behalf, as surety, bonds, undertakings, and other obligatory instruments of similar nature in an amount not to exceed Three Million Dollars ($3,000,000) and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation, and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. RESOLVED that this Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the Board of Directors of Lincoln General Insurance Company on the 4a day of September, 2002. RESOLVED that the President, an Executive or Senior Vice President, or any Vice President of the Company, together with the Secretary or any Assistant Secretary are hereby authorized to execute Powers of Attorney appointing the person(s) named as Anomey(s)-fn-Fact to date, execute, sign, seal and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER that the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may he facsimile representations of those signatures and seals, and such facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying. IN WITNESS WHEREOF, Lincoln General Insurance Company has caused be signed by its duly authorized officers this 4th day Qfi$Apu%m*,,r, 2002. Attest: Gary J. do , Scary 3cog GP Z 1977 The Commonwealth of Pennsylvania o J ; "5e _ York County:NHSYLVAa\!.' On this 4th day of September, 2002, before mil C. C. Bhojwani, to me known, who being duly swam, did depose and say: that he is the President of the Cotp&uAiMu'Zd in and which executed the above instrument: that he knows the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of Directors of said Comparty; and that he executed the said instrument by like order and authority and the same was his free act and deed. The Commonwealth of Pennsylvania York County 1, Gary Omdorft; Secretary of Lincoln General Insurance Company, a corporation of the Commonwealth of Pennsylvania do hereby certify that the above and foregoing is a full, true and correct copy of Power of Attorney issued by said Company, and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked, and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney is now in force. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, at York, Pennsylvania, this 10th day of January 2005 ^---� '��ypORATEs 1977 �'vN6rlVA�vQ',. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San DieW On 1 before me, I personally appeared ® personally known to me -OR- ❑ proved to me on 4he basis of satisfiaotery evigenee to be the person(s) whose name(s) isime subscribed to the within instrument and acknowledged to me that he/she#hey executed the same in his/her/their authorized capacity(ies), and that by his/herkheiF signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. RON HBALLARD 4CUf ' 'm .r�Tyte` *! #C1L8R3N3 { A0 B4nCl LNCTARYPUUC1A3O SANDIEGOCOUNTY My Commission Expires APRIL 26, 2007 WITNESS my hand and official seal. of Notary 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 ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) [] LIMITED ® ATTORNEY-IN-FACT ❑ GENERAL ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) CA-ICW 24 (7/00) DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document Number of Pages Date of Document Signer(s) other than named above Pkmw 717-757-M FAX / 717-751-0165 YAMP77conplivy3310 Ri k4wdit ..D. Bea 3709, Yak At 17402-0136 Bond No. 661112290 III # NIS :;[61 MATIINIQ:1:� NOTICE — FEDERAL TERRORISM INSURANCE COVERAGE AND DISCLOSURE OF PREMIUM Any loss applicable to a peril covered under this bond that is caused by a certified act of terrorism pursuant to the terms of the Terrorism Risk Insurance Act of 2002 ("the Act'), will be partially reimbursed by the United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding a statutorily established deductible to the insurance company providing this bond. The portion of your annual premium attributable to certified acts of terrorism under this bond is $0.00. COVERAGE LIMITATIONS Payment for a loss will not exceed the limit of liability under this bond. This bond will not pay for any portion of certified terrorism loss beyond any applicable annual liability cap set forth in the Act. The terms of this rider do not provide coverage for any loss that would otherwise be excluded by the terms of this bond. SU 0009 12 02