08-0429_CDM DEVELOPMENT_Grading Surety Agreement2) 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 CDM Development a
California Corporation referred to as "Developer".
WITNESSETH
WHEREAS, City will issue Grading Permit No B08-0210 to Developer to construct
certain designated improvements which constitute a portion of that real property at the
location of Lot 16 of Tract 6788, commonly referred to as 25711 Paseo de la Paz.
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 deposit, Certificate of
Deposit or a bond by a duly authorized corporate surety subject to the approval 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 $ 41,325.00 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.
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 "A", and the conditions as set forth in Exhibit "B".
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
as blankets, fiber matrices, catch basin filters, or other erosion
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* a) ORIGINAL,
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
f%?NiL- 2 1 20 08 at San Juan Capistrano, California.
Develope City of San Juan Capistrano
5,
By: (Signee) T�zvz4 MPA/4y By: Sam Shoucair
(Title) -,wnl&-'Iz Senior Engineer
Approved ay to For :
By:John' Shaw
City Attorney
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EXHIBIT "A"
SCHEDULE FOR COMPLETION OF IMPROVEMENTS
Completion Date
June 1, 2008
June 1, 2009
Task
Rough Grade Certification
Landscape Irrigation
June 1, 2009 Landscape Planting
EXHIBIT "B" "MINAL
CONDITIONS FOR COMPLETION OF IMPROVEMENTS
1. The grading for this project shall be in strict conformance with the grading plans as
well as the San Juan Capistrano Municipal Code.
2. Grading operations shall commence within fourteen (14) calendar days after
issuance of 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. Suspension in excess of twenty (20) working days of work authorized by 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
• •D 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 grad
certification. Final erosion and sediment controls 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.
Premium covers a 2 year term annonewal
due thereafter until bond is released by the City
PERFORMANCE BOND
• Bond No. 4368253
Premium $1,033.00
L) ORIGINAL
KNOW ALL MEN BY THESE PRESENTS, that Castillo Del Mar
De KNOW
ment, Inc. as principal (hereinafter
eaAed .contractor", and SureTec Insurance omparty
as Surety (hereinafter called 'Surety'), are
held and firmly bound unto the City of San Juan Capistrano, as oblige
(hereinafter called city"). Intf amount of
Forty One Thousand Three Hundred and Twenty Five 0 100
Dollars (S 41,325.00 ) 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):
Gr dino improvements on 25711 Paseo De La Paz
, which contact Is, by reference, made a pan hereof.
NOW, THEREFORE, the condition of this obligation is such that, it
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 pan of the obligation secured hereby, and In addition to the
face amount specified, there shall be included tests and
reasonable expenses and tees, lnotuding 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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Bond No 4368253
L) ORIGINAL
Executed this 28th day of April 2005,
At Canoga Park California.
Castillo Del Mar Development, Inc.
PRINCIPAL
(NOTARIZATION AND SEAL)
SureTec Insurance Company
SUR
R Olsen Attorney-in-fact
TOTAL P.010
POA 9: 510031
SureTec Insurance CompanyD ORIGINAL
LB TTED POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make, constitute and appoint
James R. Olsen
of Canoga Park, CA its true and lawful Attomey(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to
execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to
include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed
Five Million Dollars and no/100 ($5,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the
premises. Said appointment shall continue in force until 10/31/09 and is made under and by authority of the following
resolutions of the Board of Directors of the SureTec Insurance Company:
Be it Resolved that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is
hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on
behalf of the Company subject to the following provisions:
Attornev-in-Pact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attomey or
any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20' q(April,
1999.)
In Whness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal
to be hereto affixed this 20th day of June, A.D. 2005.
CIPIL)
NC �TECRANCE COMPANY
,4 �CLBYI Lu>° B.J.I g, reside t
State of Texas ss:County of Harris
On this 20th day of June, A.U. 2005 before me personally came B.J. King, to me known, who, being by me duly sworn, did depose and say, that he
resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above
instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the
Board of Directors of said Company; and that he signed his name thereto by like order.
Ml N119 Denny
"9 0' PtlhAc
FCtedTttxo sifhJt.+ 1,P.VIXb>,:i—�
My CommissionEVko Michelle Denny, Notary P lic
Ud 27, 2008 My commission expires August 27, 2008
1, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney, executed by said Company, which is still in full force end effect; and furthermore, the resolutions of the Board of Directors, set
out in the Power of Attorney are in full force and effect.
Given under my hand and the seal of said Company at Houston, Texas this 28th day Of AP .l 120_08 , A.D.
A -P�4 -
. Brent Bea , sistan-t sec tary
Any Instrument issued in excess of the penalty stated above is Want v -Id and without any validity.
Forverification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST.
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ALL-PURPOSECALIFORNIA . a
0
State of California 1
County of Los Angeles JS
On April 28th 2008 before me, Bryant Evan Spiegler
Data Here Inaen Name and Teb of the omcer
personally appeared James R Olsen
D ORIGINAL
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) istare subscribed to the
within instrument and acknowledged to me that
helsheAhey 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 person(s) acted, executed the instrument.
�y EypptsPIEGtER \ I Certify under PENALTY OF PERJURY under the laws
Jb�Comm'"g 1659436 Ii of the State of California that the foregoing paragraph is
NotatY Pubtic . Cailfomic 5 true and correct.
LOS Myeles County
pAyCornm �mAug 4,2010
a
WITNESSand official eal.
Raze Notary Seal AOpve Signature
OPTIONAL
Though the information below is not required by law, it may prow 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: Surety Bond
Document Date:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer—Title(s):
❑ Partner— ❑ Limited ❑ General
le Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHT TI -W rA a PFINT
OF SIGNEH
0
Number of Pages:
Signers Net
❑ Individual
❑ Corporate Officer—Tttle(s):
❑ Partner —❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGMTTMUf93VHINT
Or SGNEF
C�
MEMORANDUM
TO: Meg Monahan, City Clerk
0
FROM: Deena Berens, Senior Permit Technician
SUBJECT: Grading Surety Agreement, CDM Development -
25711 Paseo de la Paz
April 29, 2008
Please find attached for your records, the original Grading Surety Agreement for 25711
Paseo de la Paz and performance bond #4368253 in the amount of $41,325.00 placed as a
grading deposit.
F_{IT. 7.L1,F in
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