05-0324_KPRS CONSTRUCTION SERVICES, INC_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 KPRS Construction
Services, Inc., a California Corporation, referred to as "Developer".
WITNESSETH
WHEREAS, City will issue Grading Permit No. 49099 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 675-361-06, commonly referred to as Valle Ranch LLC.,
33302, 33332, 33272 Valle Road.
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 othercorrective 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.
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2. Developer's Security. Developer shall provide a Performance Bond by a duly
authorized corporate surety, (Bond No. #SU1013473 with Arch Insurance Company),
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 $95,503.00 for that work described in Exhibit "A".
This security of $95,503.00 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 EKhibit'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
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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 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
X4010 GLc— , 20 e-5 at San Juan Capistrano, California.
Developer
B Paul Kristedja
KPRS Construction Services, Inc.
Principal
Approved17�
By: John S aw
City Attorney
City of San Juan Capistrano
By: Nasser Abbaszadeh
Engineering and Building Director
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EXHIBIT "A"
Valle Ranch LLC.
33302, 33332, 33272 Valle Road
Item 1: Construction of all on-site grading (cut, fill and slope stabilization) operations in
accordance with Grading Permit No. 49099 and the Developer's plans and
supporting documents as listed below:
(A) Grading Plan for Valle Ranch LLC dated March 17, 2005, prepared by
Development Resource Consultants, Inc., Warren W. Williams Jr., RCE
No. 43179.
(B) Geotechnical Report for Valle Ranch LLC, dated November 5, 2004,
prepared by Leighton and Associates, Edward A. Steiner, CEG No. 1408.
EXHIBIT "B"
SCHEDULE FOR COMPLETION OF IMPROVEMENTS
Completion Date
September 2005
September 2005
September 2005
Task
Rough Grade Certification
Landscape Irrigation (Interim)
Landscape Planting (Interim
hydroseeding)
and
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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. 49099.
2. Grading operations shall commence within fourteen (14) calendar days after
issuance of Grading Permit No. 49099.
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. All 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. 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
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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.
C
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92875
(949) 493-1171
(949) 493-1053 FAx
www.sanjuancapistrano.org
November 28, 2006
Arch Insurance Company
3 Parkway, Ste 1500
Philadelphia, PA 19102
�j m[ouoeer[o
• (51 WISHED 1961
176
MEMBERS OF THE CITY COUNCIL
Re: Release of Bond — Bond No. SU1013473 — KPRS Construction Services Inc.
Dear Sir or Madam:
SAMALLEVATO
DIANE BATHCATE
WYATT HART
JOE SOTO
DAVID M. SWERDLIN
On November 20, 2006 the Director of Engineering & Building formally released the above
referenced bond. According to this action, the following original bond is enclosed and officially
released as of November 20, 2006.
BOND NO. PURPOSE AMOUNT
SU1013473 Grading Bond
33302, 33332 & 33272 Valle Road $95,503.00
The City of San Juan Capistrano hereby fully and forever releases and discharges Indemnity
Company of California from any and all liability under the abovementioned bond number. The
original — released — document is enclosed. If you have any questions, please do not hesitate
to call me at (949) 443-6308.
Very truly yours,
M orhan, ty Cleclosu
cc: (Letter copy only) KPRS Construction Services, 2850 Saturn St, Brea, CA 92821;
Nasser Abbaszadeh, Engineering & Building Director
San Juan Capistrano: Preserving the Past to Enhance the Future
CJ Printed on 100% Recycled Paper
Bond No: SUIC13470
0
VAL, Y'THEM' , KPRS CONSTRUCTION :ERVICES INC.
285Q Saturn St.. Brea. CA. 92821
Rt7E'1131''�}, ARCH INSURANCE COMPANY, 3 Parkway, Suite 1500, Philadelphia, PA
- "- 191Q2
QVWW(). 6 #Woft8fftr CaUd -oftn, in #* gMMV ,0f- NINETY -FIVE -THOUSAND,
FIVE-HUNDRED
--�.TH�REEjE-gDOLLARS
t &'esNyyO1I0Q .o - 95,503.000
.(,
February 1, 2QQ5
{ }g" GRADING AT PARCEL NO. 575-351-05
COMMONLY KNOWN AS VALLEY RANCH
GRADING PERMIT NO.:
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City oi
C- an Caplstrano, CA
OF
2. -9a4dStwe1yjbrv.a1received..here tPuCafes U0 , �y,at'and,agrees that wchange,
e)dmolonoftime; alteration, orm,odftatm-ofthe coritractdocs wryts,Qrofthe workto
be PetfOlTned IftemuAder, Shelf it' a"Y waY,atfftf its 0bligations Of -this bond, and it does
hereby waive notice ofanysuch change, extension of time, atterotionotmocWtoollon ofibe,
Contract docurnontsorof work to baperformad therewdtw.
EXecLftdthjS 18th, {If March
2005 ,at Jacksonville, Fla.
I
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��61 82110b
PR,jNQPAL : KPRS CONSTRUCTION SERVICES, INC.
Gui Wr'440.'
re
/f NOTARMAT-M MOD SEAL)
SUP,ETy- ARCH INSURANCE COMPANY
(NMAZATtM AND SM)
James C. Congelio, Attorney -in -Fact
Sword to and subscribed befF®reme this
18th day of March, 2005
Notary Public State of Florida
S. LGBRANO, T11
�-j! klnor/ Public, State of Florida
;,viv comm. expires Oct. 30, 2006
Comm. No. DD 143563
-2- W10W
CALIFORNIA ALL -PORP& ACKNOWLEDGMENT is
State of
County of" t- `'
On HA, (,Z before me, IMI C � lo6t IbTA44 Pu -jib
DAte n Name and Title of er (e.g., "JadA Doe, Notary Public)
personally appeared
JULIE R. YOST
Commission # 1310745
Notary Public - California
Orange County
QMYC0mm- Expires Jun 28, 2005
0 -personally known to me
❑ proved to me on the basis of satisfactory evidence
to be the person() whose name($] is/*e subscribed to the
within instrument and acknowledged to me that he/�Kef hjfi
executed the same in his/rA/to4r authorized capacity*,
and that by his/tArf*ir signature* on the instrument the
personM or the entity upon behalf of which the person*
acted, executed the instrument.
WITNESS yh hand and official seal.
�fi5�, I •� IiflA �"
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
G { I
Title or Type of Document: f CY t04MAn
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
u
i
Corporate Officer
Title(s):
Partner — ❑ Limited
Attorney -in -Fact
Trustee
❑ General
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
11
Signer's Name:
El
Ll
s
Number of Pages: 4
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
1996 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Perk, CA 91309-7184 Prod. No. 5907 Reoraar: Cell TWI-Free 1-800-676E827
• POWER OF ATTORNEY•
Know All Men By These Presents:
That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its
principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint
Tom S. Lobrano III, Bradford W. Bush, Tom S. Lobrano IV, James C. Congelio of Jacksonville, FL (EACH)
its true and lawful Attorney(s}in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and
on its behalf as surety, and as its act and deed:
Any and all bonds and undertakings
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the
payment or collection of any promissory note, check, draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond
within the dollar limit of authority as set forth herein.
The Company may revoke this appointment at any time.
The execution of such bonds and undertakings in pursuance of these presents shall be as;binding upon the said
Company as fully and amply to all intents and purposes, as if the same had'been daly, executed and acknowledged by its
regularly elected officers at its principal office in Kansas City, Missouri.
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of
the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by
the undersigned Secretary as being in full force and effect:
"VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing
and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys-in-fact,
and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such
officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution
adopted by the unanimous_ consent of the Board of Directors of the Company on March 3, 2003:
VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees
designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and
certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the
resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified
with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company.
OOML0013 00 03 03
Page 1 of 2 Printed in U.S.A.
r> • •
ARCH Insurance Company
NOTICE — DISCLOSURE OF TERRORISM PREMIUM
ARCH Surety
In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this
disclosure notice for bonds on which Arch Insurance Company is the surety.
DISCLOSURE OF PREMIUM
The portion of the premium attributable to coverage for terrorist acts certified under the
Act is Zero Dollars ($0.00).
DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM
LOSSES
The United States will pay ninety percent (90%) of covered terrorism losses exceeding
the applicable insurer deductible.
MEMORANDUM November 20, 2006
TO: Meg Monahan, City Clerk
FROM: Nasser Abbaszadeh, Engineering & Building Director /I(
SUBJECT: Grading Bond Release, Valle Ranch
33302, 33332 & 33272 Valle Road
This memorandum is authorization to release the grading bond posted for the above
reference address. The grading for the project has been completed sufficiently to warrant
the release of the bond.
A Performance Bond, held by Arch Insurance Company, Bond Number SU1013473, was
posted as security for the bond in the amount of $95,503.00. A copy of the Surety
Agreement and Performance Bond is attached for your information. If you have any
questions, please contact me.
Attachment
cc: file