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07-0131_JOHN LAING HOMES AKA WL HOMES_Grading Surety Agreement (2)• QPORIGINAL 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 16749 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, 0 0 L) ORIGINAL 2. Developer's Security. Developer shall provide a cash deposit or 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 $ 14,493.00 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 0 0 D ©AIGINAL 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. Liabili . 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 31 2007 at San Juan Capistrano, California. Developer City of San Juan Capistrano By: J(Siigneee) Ci -,. xe�k P- Fkr\r\ By: Sam Shoucair (Title) %Le, Senior Engineer Approved agto Forp. O/IaA - — --- By: hn Shaw City Attorney 0 tORIGINAL EXHIBIT "B" SCHEDULE FOR COMPLETION OF IMPROVEMENTS Completion Date Task 10-1-07 11-1-08 11-1-08 Rough Grade Certification Landscape Irrigation Landscape Planting 0 t OMGIIN,�L EXHIBIT "C" CONDITIONS FOR COMPLETION OF IMPROVEMENTS 1. The grading forthis 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 0 L, :ORIGINAL 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. ,-ORIGINAL PERFORMANCE BOND OND ISSUED IN TRIPLICATE 11WOND NUMBER: 5024765 PREMIUM:$109.00 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 FOURTEEN THOUSAND FOUR HUNDRED NINETY-THREE & NO/100--- Dollars ($14,493.00--- ) 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 16749 - 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. 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. D ORIGINAL 0 Executed this 29TH day of JANUARY 20 07, At ORANGE California. APPROVED AS TO FORM: John haw, City Attorney 2 WL HOMES LLC, A DELAWARE LIMI LIABILITY COMPANY DBA JOHN LAING(HOMLV BY: 1931 SEAL) BOND SAFEGUARD INSURANCE COMPANY SURETY BY: ' (NO IA TI N AND SEA[) D.J. PICARD, ATTORNEY-IN-FACT ALL-PURPOACKNOWLEDGMENT State of County of CALIFORNIA I:ow.rkTef11 9 I) ORIGINAL 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 signature(s) on the instrument the person(s), CYNTHIA S. WOZNEY or the entity upon behalf of which the co M # S7673s a person(s) acted, executed the instrument. >, Notary Public-L'afifomla � i- 0 NGECOUNTY MYCoInm.Fxp June25,2010 WITNESS my hand andofficial seal. IGNATURE OF NOT Y 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 TmE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑% ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTITY(IES) BOND SAFEGUARD INSURANCE COMPANY DESCRIPTION OF ATTACHED DOCUMENT PERFORMANCE BOND/PRECISE GRADING TITLE OR TYPE OF DOCUMENT 01 NUMBER OF PAGES JANUARY 29, 2007 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 9 * Z)ORIGINAL CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califo is ss. County of 't Jam ! before me, ✓;fi//1�f%// Data �� Nana end Title of Officer fee .,'Jana Doe, Notary RmNro-1 personally appeared c_/!1 ✓f �/CdLO V 4 71 6mm - - - - = xT pl�personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(o whose name(gj is/aF4 subscribed to the within instrument and acknowledged to me that he/sVttV9 executed the same in his/W/tWr authorized capacay(i9d), and that by his/hothO( signature(5j'on the instrument the person(,, or the entity upon behalf of which the person(sr) acted, executed the instrument. W] IITTJNEEESS my hand and official seal. C_V 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 Title or Type of Document:A/k (.�it%` &6z ,9 a A&M+KMi(71r4( 7AOO V"I nn � lG%i� Document Date: i1/ /� aZ, yo.../w �% 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: 81999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth. CA 91313-M2 • v,ev,mbona1notaryor9 Prod. No. 5907 Rearm, Call TellFreeIEO ff766827 POWER OF ATTORNEY AO 24389 m is %ond Saieguart 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: #*�•rw+*y,. D.J. Picard, Todd M. Rohm, Sejal P. Lange, Cathy S. Kennedy, Beata A.Sensi, Cynthia S. Wozney its true and lawful Attorney(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 Attomey-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. T BOND SAFEGUARD INSURANCE COMPANY BY ( 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 swom, 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 My Commission Expires 1/12/07 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 PO 07 INSURgNC�C, P�GJPpO Oq ///////////////,{/ /�(/��)�� ���✓C/ AN ,, IS]ll1LA ` .( / I (!,✓'�.cvv/ ILLINIS m INSURANCE Z Donald D. Buchanan COMPANY Secretary