05-0418_CERRITOS LAND PARTNERS, L.P._Surety AgreementSURETY AGREEMENT
THIS AGREEMENT is made by and between the CITY OF SAN JUAN CAPISTRANO, a
municipal corporation, hereinafter referred to as the "City" and Cerritos Land Partners, LP,
a Limited Partnership referred to as "Developer'.
WITNESSETH
WHEREAS, City will issue Grading Permit No. 49233 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 650-151-17, commonly referred to as 31601 Avenida Los
Cerritos.
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 bond by a duly authorized
corporate surety, By Indemnity Company of California, Bond No# 839438S 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 $51,166.50 for that work described in Exhibit "A".
This security of $51,166.50 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 anyjudgment 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
/ / 8 20 OS at San Juan Capistrano, California.
Developer
1::: �" 'Y�
By: Bradle L. Gates
CEO/Cerritos Land Partners, LP
Approved as to Form:
By: Jon aw
City Attorney
City of San Juan Capistrano
By: Nasser Abbaszadeh
Engineering and Building Director
EXHIBIT "A"
Gates Office Building
31601 Avenida Los Cerritos
Item 1: Construction of all on-site grading (cut, fill and slope stabilization) operations in
accordance with Grading Permit No. 49233 and the Developer's plans and
supporting documents as listed below:
(A) Grading Plan for Gates Office Building, dated December 21, 2004.
prepared by (Firm) RHA Engineering, Inc., (Engineer) Steven L. Ray RCE
No. 35334.
(B) Geotechnical Report for Gates Office Building, dated February 17, 2005
prepared by (Firm), Peter and Associates (Engineer) Lan N. Pham, RGE
No. 686.
Item 2: Construction of all on-site improvements in accordance with Grading Permit
No. 49233 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
October 2005
October 2005
Task
Rough Grade Certification
Landscape Irrigation (Interim)
October 2005 Landscape Planting (Interim and Hydroseed)
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. 49233
2. Grading operations shall commence within fourteen (14) calendar days after
issuance of Grading Permit No. 49233.
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. Suspension in excess of twenty (20) working days of work authorized by Grading
Permit No. 49233, including erosion and sediment control measures and
landscaping and irrigation, shall constitute default of this agreement.
5. 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.
6. 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.
7. Grading operations suspended during the rainy season shall be resumed no later
than 15 days from date of suspension termination.
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.
Bond No.: 8344385
Bond Premium: ;,1,535.00 (Two -Year Tera)
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, that Cerritos Land Partners. LP
as Principal (hereinafter called
"Contractor"), and Indemnity CO22any Of California ,
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 F;ftn-=, Tho—nnd
One -hundred Sixty-six and 50/100------------------- D011ars($51.166.50---- )
for payment whereof Contractor and Surety bind themselves, their heirs, executors,
administrators, successors and assigns, jointly and severally, fairly by these presents.
WHEREAS, Contractor has, bywritten agreement dated
entered into a (describe agreement): Gradin;, Erosion Control and On-site Improvements
for Gates professional building.
which contract is, by reference, made a part hereof.
NOW, THEREFORE, the condition of this obligation is such that, if Contractor shall
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.
c:\myflles\foffns\PerfbrmanceBond.wpd -1- 05110/00
Bond No.: 8394385
2. Said Surety, forvalue received, hereby stipulates and agrees that no change,
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 change, extension of time, alteration or modification of the
contract documents or of work to be performed thereunder.
Executed this 3rd dayof April 200 5 , at Costa Mesa
California.
PRINCIPAL : Cerritos Land Partners, LP
BY: Jagohn Incoporated, General Partner
(NOTARIZA ION AND SEAL) Bradley L. Gates,
CEO
APPROVED AS TO FORM:
By _
John vsraw, City Attor @y
\ SURETY
Ind
emqk,ty ComP71
Of Ca ifornia
BY • eI/1
(NOTAR ZATION ANDS L) Rolf A.
Neuschaefer,
Attorney -in -Fact
a4nyfilesVortns\PerfartnanceBond.wpd -2- 05/10/00
STATE OF CAL l FyA*1.*
COUNTY OF
'2&pcm I SS.
On Y ' 0 , before me, W f f./fit ' op (f(s'gyu
PERSONALLY APPEARED
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person4whose name(t) is/4esubscribed to the
within instrument and acknowledged to me that he/sh)ft*j executed
the same in his/f q/thA authorized capaciry(ks), and that by his/hpNthpf
signature(yon the instrument the person 111-01 or the entity upon behalf
of which the personyacted, executed the instrument.
WITNESS my hand and official seal.
Signature
OPTIONAL
O WILc0 ODE ON;
O NOTARY pUBLICCALIF343
p NIAO
ORANGE COUNTY D
COMM. EXP. OG7, t..
This area for Official Notarial Seal
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
ElCORPORATE OFFICER roewlaM4f ay-
TITLE OF TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF FERSON(S) OR ENTITY(IES)
ID -1232 (REV. 5/01)
C_
NUMBER OF PAGES
3-6.r
DATE OF DOCUMENT
ALL-PURPOSE ACKNOWLEDGEMENT
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725, IRVINE, CA 92623 (949) 263-3300
KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY
COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint:
***Steven C. Harris, Rolf A. Neuschaefer, jointly or severally***
as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings
and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper
to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and
all of the acts of said Attomey(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November 1, 2000:
RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to
execute Powers of Attorney, qualifying the attomey(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts
of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such
Power of Attomcy;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by
facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in
the future with respect to any bond, undemaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused
these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this I st day of February, 2005.
David H. Rhodes, Executive Vice -President ,•Jp'r•,,.•••P �'•••:;,OF;
Sin 3 CO OCT.�rF •�<' Z ?`O
to ? OCT. 5
y' 10 enc w 1967
By:_
WalterA. 6rowell,Aecraarp"s D ° Oe,<tFOPx
„*„.
STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
On February I, 2005, before me, Nita G. Hif nneyer, personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved
to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the
same in their authorized capacities, and that by their signatures on the instrument the entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
NRA G. HIFFMEYER
COMM. M 1543467
NOTARY PUBLIC CALIFORMA}l;
Signature �� ORANGE COUNTY
My twmm. ta#m Jan. 10, 2IXI8
CERTIFICATE
The undersigned, as Executive Vice -President, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF
CALIFORNIA, does hereby certify, that the foregoing Power ofAttomey remains in full force and has not been revoked, and furthermore, thatthe provisions of
the resolutions of the respective Boards of Directors of said corporations set tooth in the Power ofAttomey, are in force as of the date of this Ccr'dicatc.
This Cerificatc is executed in the City of Irvine, California, the 31d day of _ April 2005
By
V h
David L. Kerrigan, Executive Vice -President
ID- 1380(Rev. 2105)
STATE OF California
SS.
COUIVITOF Orange
On April 3,. 2005 ,before me,
PERSONALLYAPPEARED Rolf A.Neuschaefer
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) islare 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
signatures) on the instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature 7k,
Marie M. Bistolas
OPTIONAL
MIRE M.O
lIBTOlAS
WINkokirylkillAc-CoMomla
ommwlon s 15270W
OKOW County
dnnt.6g7YN Nw 19,
This area for Official Notarial Seal
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
❑ GENERAL
ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR EN IWOES)
DESCRIPTION OF ATTACHED DOCUMENT
Performance Bond
TITLE OF TYPE OF DOCUMENT
Two
NUMBER OF PAGES
April 3' DATE' OF DOCUMENT
ABOVE
ID -1232 (REV. 5/01) ALL-PURPOSE ACKNOWLEDGEMENT