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02-1213_CALIFORNIA SELECT MORTGAGE CORP_Surety Agreement0 0 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 California Select Mortgage Corporation, a California Corporation referred to as "Developer'. WITNESSETH WHEREAS, City will issue Grading Permit No. 46207 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 Tract 6305, Lot 34, commonly referred to as 30751 Fox Run Lane. 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. Develooer's Imorovements 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 Performance Bond with Gulf Insurance Company No. B34227459 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 $ 48,850 for that work described in Exhibit "A". This security of $48,850 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 0 0 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 December 13, 2002 at San Juan Capistrano, California. Developer City of San Juan Capistrano B California Select Mortga orp. By: Daniel McFarland Mr. John Cantwell - Principal Building Official Approved as to F rm: By: John haw City Attorney 0 EXHIBIT "A" Tract 6305 Lot 34 30751 Fox Run Lane LJ Item 1: Construction of all on-site grading (cut, fill and slope stabilization) operations in accordance with Grading Permit No. 46207 and the Developer's plans and supporting documents as listed below: (A) Grading Plan for 30751 Fox Run Lane, dated December 11, 2002, prepared by Pardue, Cornwell and Associates, Inc., Fred Cornwell, RCE No. 45591. (B) Geotechnical Report for 30751 Fox Run Lane, dated September 25, 2002, prepared by Geo Soils, Inc., Ben Shahrvini, No. 39350. Item 2: Construction of all on-site improvements in accordance with Grading Permit No. 46207 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. Item 3: Construction and placement of landscaping and irrigation in accordance with approved plans for 30751 Fox Run Lane as included in the above plans. 0 EXHIBIT "B" 0 SCHEDULE FOR COMPLETION OF IMPROVEMENTS Completion Date January 2003 April 2003 April 2003 Task Rough Grade Certification Landscape Irrigation Landscape Planting (Hydroseed and interim landscape) 0 EXHIBIT "C" 0 CONDITIONS FOR COMPLETION OF IMPROVEMENTS A. The grading forthis project shall be in strict conformance with the grading plans and related documents as described in Exhibit "A" and Grading Permit No. 46207. B. Grading operations shall commence within fourteen (14) calendar days after issuance of Grading Permit No. 46207. 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. C. 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. D. 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 0 filed with the Building Official. This interim report shall conform to the grading code requirements for final compaction reports. E. 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. F. Grading operations suspended during the rainy season shall be resumed no later than 15 days from date of suspension termination. G. 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. H. 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. I. Contractor shall adhere to conditions of haul route permit and encroachment permit issued by the City Engineer. J. Parking for construction crew is to be on-site. 0 0 MEMORANDUM January 19, 2006 TO: Meg Monahan, City Clerk FROM: Nasser Abbaszadeh, Building and Engineering Director /V, SUBJECT: Grading Bond Release— California Select Mortgage Corporation (John Cantwell) 30751 Fox Run Lane This memorandum is authorization to release the grading bond posted for 30751 Fox Run Lane, Lot 34 of Tract 6305. The grading and on-site improvements that were secured by the bond have been completed to the satisfaction of the City. A Performance Bond posted with Gulf Insurance Co., Bond Number 634227459, was posted as security for the bond. 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 January 9, 2006 City of San Juan Capistrano Mr. Frank McKay 32400 Paseo Adelanto California, CA 92675 RE- Property Address 30751 Fox Run Lane Tract/Lot# 6305 / 34 Dear Frank: Please let this letter serve as written request for the release of the bonds on the above mentioned property. Should you need anything further, please give me a call at 949/673-2744. Sincerely, John T. Cantwell President 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 4931171 (949) 493-1053 FAX www.sanjuancapistrano.org January 20, 2006 Gulf Insurance Company One State Street Plaza, 9th Floor New York, NY 10004 MEMBERS Or THE CITY COUNCIL SAM ALLEVATO DIANE BATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN Re: Release of Bond — California Select Mortgage Corporation -- 30751 Fox Run Lane Dear Sir or Madam: A Performance Bond was received by the City of San Juan Capistrano on December 13, 2002 provided by California Select Mortgage as follows: BOND NO. AMOUNT GRADING PERMIT NO #634227459 $48,850 46207 — 30751 Fox Run Lane This letter serves as notification that the City of San Juan Capistrano hereby fully and forever releases and discharges Gulf Insurance Company from any and all liability under the abovementioned bond number -- per instruction of the City Engineer/Building and Engineering Director. The original — released — document is attached. If you have any questions, please do not hesitate to call me at (949) 443-6308. truly yours, s onah n, CMC Clerk ;hmen,Y— as noted cc: Nasser Abbaszadeh, Engineering & Building Director John Cantwell, California Select Mortgage Corporation, 222 Bayside Drive, Newport Beach, CA 92660-4611 San Juan Capistrano: Preserving the Past to Enhance the Future iJ Printed on recycled paper Bond No. B34227459 Premium:$977.00 KNOW ALL MEN BYTHESE PRESENTS, that CALIFORNIA SELECT MORTGAGE CORPORATION as Principal (hereinafter called "Contractor"), and GULF INSURANCE CnMPANV , as Surety (hereinafter called "Surety'). are held and firmly bound unto the City of San Juan Capistrano, as obligee (hereinafter called "City'), In the amount of 7ort3, jght Thousand Eight Hundred Fifty and No/100 ------ Dollars($ 42 125c)-oQ 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): Grading Lot 34, TRO6305 for 30751 Fox Run Lane 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: Asa partof the obllgation 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. Q c4nyfl1acVorms\Performenoe00nd--wPd _ I�` ���� 0 ex0o 05/10/00 2. Said Surety, for value 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. Executedthis 4th deyof nPr_PmhPr 2002 __,at . California. APPROVED AS TO FORM: 0 By _ John R. jh5w, City Attorney CALIFORNIA SELECT MORTGAGE CORPORATION PRINCIPAL (NOTARIZATION AND SEAL) GULF INSURANCE COMPANY SURETY (NOTARIZATION AND SEAL) Rosa E. Rivas, Attorney -In -Fact aNnyfi1ea%fo XPeft"anM50nd.wpd -2- 05/10/00 GULF INSURANCE COMPANY HARTFORD, CONNECTICUT POWER OF ATTORNEY ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK. KNOW ALL MEN BY THESE PRESENTS: That the Gulf Insurance Company, a corporation duly organizea under the laws of the State of Connecticut, having its principal office in the city of Irving, Texas, pursuant to the following resolution, adopted by the Finance & Executive Committee of the Board of Directors of the said Company on the 10th day of August, 1993, to wit: "RESOLVED, that the President, Executive Vice President or any Senior Vice President of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney -in -Fact, such persons, firms, or corporations as may be selected from time to time; and any such Attorney -in -Fact may be removed and the authority granted him revoked by the President, or any Executive Vice President, or any Senior Vice President, or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors. RESOLVED, that nothing in this Power of Attorney shall be construed as a grant of authority to the attorneys) -in -fact to sign, execute, acknowledge, deliver or otherwise issue a policy or policies of insurance on behalf of Gulf Insurance Company. RESOLVED, that the signature of the President, Executive Vice President or any Senior Vice President, and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which they are attached." Gulf Insurance Company does hereby make, constitute and appoint Philip E. Vega Lourdes Landa Judy A. Grandusky Rosa E. Rivas its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, as surety, any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds, undertakings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attorney(s)-in-fact, pursuant to the authority herein given, are hereby ratified and confirmed. The obligation of the Company shall not exceed five million (5,000,000) dollars. IN WITNESS WHEREOF, the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. ,O�♦NNCE CO GULF INSURANCE COMPANY SEAL �. J STATE OF NEW YORK SS 0. cs Lawrence P. Minitel COUNTY OF NEW YORK J Executive Vice President On this 1st day of October, AD 2001, before me came Lawrence P. Miniter, known to me personally who being by me duly sworn, did depose and say: that he resides in the County of Bergen, State of New Jersey; that he is the Executive Vice President of the Gulf Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instruments is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. o T RAF STATE OF NEW YORK � SS y�.Ave��°� COUNTY OF NEW YORK °F NE'N P�,-4 ANGIE MAHABIR•BEGAZO Notary Public, State of New York No. OIMA6019988 Qualified in Kings County Commission Expires February 16, 2003 I, the undersigned, Senior Vice President of the Gulf Insurance Company, a Connecticut Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. S0MCEcoTra Dated the 4th day of Decembe>;zo 02 Signed and Sealed at the City of New York. �� O VpPPn4TF, Yy < SEAL r �O'YNEcI��$ George Biancardi Senior Vice President CALIFORNIA ALL-PURPOSE A( OWLEDGMENT State of California County of Orange No. 5907 On 12/4/02 before me, Lourdes Landa, Notary Public DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared *************************Rosa E. 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 acknowledged 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 ins nt the person(s), or the entity upon behalf of Gtpersoacted, executed the instrument. LOURDESLANDANotaryP(6k-Califomiatmii WITN Sseal. ORANGE COUNTY 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 PARTNER(S)LIMITED GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) crnaWrccc I/OR DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT ❑ NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE