07-0131_JOHN LAING HOMES AKA WL HOMES_Grading Surety Agreement0 0 L) ORIGINAL
GRADING 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
John Laing Homes a Limited Liability Company (General
Partnership, Limited Partnership, California Corporation, etc.) referred to as "Developer".
WITNESSETH
WHEREAS, City will issue a Grading Permit to Developer to construct certain
designated improvements which constitute a portion of that real property at the location of
Tract 16 R8
commonly referred to as
Belle Cliff
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 construction of
grading improvements as approved by the City Engineer. The grading permit and plans
which describe all the work to be constructed per this agreement are on file in the office of
the City's Building Official,
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2. Developer's Security. Developer shall provide a cash depositor a bond by a
duly authorized corporate surety, subject to the approval as to form of the City Attorney, or
as approved by the City Engineer, to secure Developer's improvement obligations required
under this agreement.
The amount of the bond shall be $ 22,165.00 for all onsite grading
improvements as approved by the City Engineer. This security 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 "A".
3. Completion of Improvements. To ensure the protection of the public safety,
health and welfare, Developer shall construct all said improvements 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 a safe and acceptable 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 approved
grading plans
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
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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
January si 20 07 at San Juan Capistrano, California.
Developer
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By: (Signee) 'Dat�e-\
(Title) \} sue.. RescAe-,A
Approved a to Forin.
By: hn Shaw
City Attorney
City of San Juan Capistrano
By: Sam Shoucair
Senior Engineer
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EXHIBIT "B"
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SCHEDULE FOR COMPLETION OF IMPROVEMENTS
Completion Date Task
10-1-07
Rough Grade Certification
11-01-08 Landscape Irrigation
11-01-08 Landscape Planting
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EXHIBIT "C"
CONDITIONS FOR COMPLETION OF IMPROVEMENTS
1. The grading for this project shall be in strict conformance with the approved grading
plans as well as the San Juan Capistrano Municipal Code.
2. Grading operations shall commence within fourteen (14) calendar days after
issuance of a 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 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. Except as specified in item " " below, suspension in excess of twenty (20)
working days of work authorized by the 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.
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
grade certification. Final erosion and sediment control devices, planting,
landscaping and irrigation systems shall be installed prior to final inspection of the
grading permit.
8. 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.
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.
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BONDISSUED IN TRIPLICATE
BOND NUMBER: 5024764
PREMIUM: $166.00
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, that WL HOMES LLC, A DELAWARE LIMITED
LIABILITY COMPANY DBA JOHN LAING HOMES as principal (hereinafter
called "contractor", and
BOND SAFEGUARD INSURANCE COMPANY
, as Surety (hereinafter called "Surety"), are
held and firmly bound unto the City of San Juan Capistrano, as oblige
(hereinafter called "city"), in the amount of
TWENTY-TWO THOUSAND ONE HUNDRED SIXTY-FIVE & NO/100---
Dollars ($22,165.00--- ) 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, by written agreement dated
, entered into a (describe agreement):
BELLE CLIFF - TRACT 16748 - PRECISE GRADING
, which contact 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:
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 the City in successfully enforcing such obligation,
all to be taxed as costs and included in any judgment rendered.
2. Said Surety, for value received, hereby stipulates and agrees that
no change, or extension of time, alteration, or modification of the
contract documents, or of the work to be performed thereunder,
shall in any way affect its obligation or this bond, and it does hereby
waive the notice of any such change, extension of time, alteration
or modification of the contract documents or of work the be
performed thereunder.
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Executed this 29TH dayof JANUARY 20 07,
At ORANGE . California.
WL HOMES LLC,
A DELAWARE LIMITED LIABILITY COMPANY
DBA JOHN LAING HOMES
PRINCIPAL
BY:
(NOTAR(7ATION AND SEAL)
BOND SAFEGUARD INSURANCE COMPANY
SURETY
BY:
(NOTARIAZAMON AND SEAL)
D.J. PICARD, ATTORNEY-IN-FACT
APPROVED AS TO FORM:
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John q. 8haw, City Attorney
CALIFORNIA ALL-PURPOSOCKNOWLEDGMENT
State of CALIFORNIA
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County of ORANGE
On JANUARY 29, 2007 before me, CYNTHIA S. WOZNEY, NOTARY PUBLIC
DATE NAME, TITLE OF OFFICER - E.G.,'JANE DOE, NOTARY PUBLIC'
personally appeared D.J. PICARD
NAME(S) 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 ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
cvNTHIAs wo'NEY µ signature(s) on the instrument the person(s),
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;40taly put,.-CaftomiB or the entity upon behalf of which the
oRnNeEcoutrTr person(s) acted, executed the instrument.
My coma. Exp, iunc 25, 2010
WITNESS my hand
seal.
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
❑ INDIVIDUAL
❑ CORPORATE OFFICER
MUM
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑D ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIANICONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENrrY(IES)
BOND SAFEGUARD INSURANCE COMPANY
DESCRIPTION OF ATTACHED DOCUMENT
PERFORMANCE BOND/PRECISE GRADING
TITLE OR TYPE OF DOCUMENT
2
NUMBER OF PAGES
JANUARY 29, 2007
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Californi
ss.
County of
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QQQ ® Ddo Name and TXe of OXlcar (a g.,'Jane Doe. Nulary Public')
personally appeared
mals) of Signers)
Aersonally known to me
❑ proved to me on the
evidence
basis of satisfactory
to be the person(,a'( whose nam is/4;4
subscribed to the within instrument and
acknowledged to me that he/spk/ttjey executed
the same in his/ty(Itfleff' authorized
capacity(igg), and that by his/h,^efr
signatureX on the instrument the person(,', or
the entity upon behalf of which the person('
acted, executed the instrument.
/WITNESS my hand and official seal.
C-�'[,�l: e�
S49naWm iNotary bfc
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Thle or . • . • I'/l!�fi4Q�]Document Date: 916� —Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual Top of thumb here
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
191999 National Notary Assouatiun-9350 De Sato Ave, PO Box 2402- Chatsworth, CA913132402- www.nationalmtaryorg Prod No 5907 ReorderCall Toll -Free 1-800-8]6682]
%POWER OF ATTORNEY AO 24387
ond Safeguart INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEGUARD INSURANCE COMPANY, an Illinois Corporation with its
principal office in Lombard, Illinois, does hereby constitute and appoint: D.J. Picard, Todd M. Rohm, Sejal P. Lange, **********
Cathy S. Kennedy, Beata A.Sensi, Cynthia S. Wozney****************************************
its true and lawful Attomey(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or
other writings obligatory in nature of a bond.
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND
SAFEGUARD INSURANCE COMPANY on the 7th day of November, 2001 as follows:
Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or
other person or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity
or other writings obligatory in nature of a bond, $ 3,000,000.00 Three million dollars ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••
which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such
documents by an Attorney -In -Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the
regularly elected officers of the Company. Any Attorney -In -Fact, so appointed, may be removed for good cause and the authority so granted
may be revoked as specified in the Power of Attorney.
Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney
granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power
and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so
executed and sealed and certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue
to be valid and binding on the Company.
IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its
President, and its Corporate Seal to be affixed this 7th day of November, 2001.
Fc BOND SAFEGUARD INSURANCE COMPANY
AN
ILLINOts Z
INSURANCE BY
COMPANY t///
/ David E. Campbell
President
ACKNOWLEDGEMENT
On this 7th day of November, 2001, before me, personally came David E. Campbell to me known, who being duly sworn, did
depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY, the corporation described in and which executed
the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said
corporation.
"OFFICIAL SEAL"
LYDIA J. DEJONG
Notary Public, State of Illinois I
My Commission Expires 1112107 Lydia J. DeJong
Notary Public
CERTIFICATE
I, the undersigned, Vice President of BOND SAFEGUARD INSURANCE COMPANY, An Illinois Insurance Company, DO HEREBY
CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been
revoked and the resolutions as set forth are now in force.
Signed and Sealed at Lombard, Illinois this 29TH Day of JANUARY 2007
Oq
AN
INSURAONICE
Donald D. Buchanan
COMPANY
Secretary