04-0324_SPM-SERRA PLAZA, LLC_Surety Agreement0
a
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 SPM -Serra Plaza, LLC, a
Limited Liability Corporation, referred to as "Developer".
WITNESSETH
WHEREAS, Citywill issue Grading Permit No. 47873 to Developerto 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(S) 668-072-15, 17, 18, 20, 21 and 22 (Serra Plaza),
commonly referred to as 31910 and 31920 Del Obispo Street.
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 securityto 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 setforth in Exhibit "A". The grading permit and plans, which furtherdefines the
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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 by duly
authorized corporate surety with Developer's Surety and Indemnity Company Account
555522S 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 $27,850.00 for that work described in Exhibit "A".
This security of $27,850.00 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 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
compliancewith 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 suspendswork for more than twentyworking 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
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•
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, orothererosion resistant soil coverings or
treatments to satisfaction of the Director of Engineering and Building.
6. Attomey'sFees. Developer agrees to pay City such sum as the courtmayjudge
as reasonable forthe 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 favorof 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.
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
Aeo// 24 , 20 e at San Juan Capistrano, California.
De per City of San Juan Capistrano
� C
By: Dan Friesh, Friess Co. Builders By: Daniel W. McFarlJynd
Agent/Contractor Building Official
Approved as to Form:
By: Joh haw
City Attorney
EXHIBIT "A"
Serra Plaza
31910 and 31920 Del Obispo Street
Item 1: Construction of all on-site grading (cut, fill and slope stabilization) operations in
accordance with Grading Permit No. 47873 and the Developer's plans and
supporting documents as listed below:
(A) Grading Plan for Serra Plaza, dated March 3, 2004, prepared by Hunsaker
and Associates, William L. Harris, RCE No. 31737.
(B) Geotechnical Report for Serra Plaza, dated August 28, 2003, prepared by
Mohol, Inc., Geoscience Consulting, Thomas G. Hill CEG No. 1100.
Item 2: Construction of all on-site improvements in accordance with Grading Permit
No. 47873 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.
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EXHIBIT "B"
SCHEDULE FOR COMPLETION OF IMPROVEMENTS
Completion Date
September 2004
September 2004
Task
Rough Grade Certification
Landscape Irrigation (Interim)
September 2004 Landscape Planting (Interim)
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EXHIBIT "C"
CONDITIONS FOR COMPLETION OF IMPROVEMENTS
A. 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. 47873.
B. Grading operations shall commence within fourteen (14) calendar days afterissuance
of Grading Permit No. 47873.
Winter grading will be conducted in strict accordance with the dynamic erosion and silt
control plan submitted bythe Developer, and approved bythe 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. Includethe erosion and sediment control planting and hydroseeding to insure
a uniform vegetative cover or equivalent stabilization measureswhich 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. 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 forthe rainy season, shall be filed
with the Building Official. This interim report shall conform to the grading code
requirements for final compaction reports.
D. 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.
E. Grading operations suspended during the rainy season shall be resumed no laterthan
15 days from date of suspension termination.
F. Developer shall provide approved on-site archaeological monitor during all phases of
grading and foundation excavation and submit a final archaeological reportto the City
upon completion of the grading.
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.
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.
K. Construction and grading equipment traffic shall take access from the main (northerly)
Paseo Adelanto driveway. Developer shall provide all traffic control measures as
required for safe vehicular movement and shall secure an encroachment (haul -route)
permit from the Engineering Department prior to issuance of the grading permit.
32400 PASEO AOELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAX
www sanjuancapistrano. org
July 6, 2006
Developers Surety and
17780 Fitch, Suite 200
Irvine, CA 92614
0
Joao
�A I IA196ROIF0
• ISIARI$XlA
1776
•
It
Indemnity Company
MEMBERS OF THE CIN COUNCIL
SAMALLEVATO
DIANE BATHGATE
W VATT HART
JOE SOTO
DAVID M. SWERDLIN
Re: Release of Bond — Performance Bond No. 555522S: SPM -Serra Plaza LLC: Grading
Permit No. 47873/APN 668-072-15, 17, 18, 20, 21 & 22/31910 & 31920 Del Obispo Street
Dear Sir or Madam:
Nasser Abbaszadeh, Engineering & Building Director, requested release of the
aforementioned grading bond. According to this action, the following original bond is enclosed
and officially released as of June 29, 2006,
BOND NO. PURPOSE AMOUNT
555522S Performance Bond $27,850.00
The City of San Juan Capistrano hereby fully and forever releases and discharges Developers
Surety and Indemnity Company 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,
ahan, MMC
re as noted
cc: (Letter copy only) Dan Friess (31658 Rancho Viejo Road, Ste B, San Juan Capistrano,
CA 92675); Nasser Abbaszadeh, Engineering & Building Director
San Juan Capistrano: Preserving the Past to Enhance the Future
1 Printed on 100%Recvcled Paper
555522S
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, that SPM-SERRA PLAZA, LLC
as Principal (hereinafter called
"Contractor"), and DEVELOPERS SURETY AND INDEMNITY COMPANY , 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 **TWENTY SEVEN
THOUSAND EIGHT HUNDRED FIFTY DOLLARS AND NO/LOOS• Dollars ($27,850.00*********
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 15-1 Dg -1 03
entered into a (describe agreement): GRADING & EROSION CONTROL PER HUNSAKER
AND ASSOCIATES IRVINE, INC. PLANS
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,pioactor in the
event of default. RE,Ep''jjGG aU0 I0,
� V � v
BE 1T FURTHER RESOLVED, that:
10
1. As a part of the obligation secured hereby, and 0 adgtion to the face
amount specified, there shall be included costs and reasonable Wenses 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.
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2. Said Surety, for value received, hereby stipulated 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.
Executed this 19TH day of MARCH 20004 at
California.
I aI:7ruE
By
John R. Maw, City Attorney
PRINCIPAL
(NOT
LLC
SEAL)
INY NGUYEN
Oww 1,n012631If
on
SURETY DEVELOPERS SURETY AND MEMNTIY CO.
i� , `•ice y � . � li)
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c:\myfiles\forms\PerformanceBond.wpd
• POWER OFATTORNEY FOR •
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725, IRVINE. CA 92623 •(949) 263-1300
KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY
OF CALIFORNIA, do each severally, but notiotudy, hereby make, constitute and appoint
"'MARGIE JOHNSON, JERRY D. BALDING, ANNETTE J. CANTU, JOINTLY OR
SEVERALLY'
as the true and lawful Avomcytsf-in-Fact, to make, execute. deliver and acknowledge. for and on behalf of said corporations as sureties, bonds. undertakings and contracts
of suretyship giving and granting unto said Attomcvfs)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in
connection therewith as each of said corpotations could do, but reserving to each of said corporations full power of substitution and revocation. and all of the acts of said
Attomev(s)-in-Fact, pursuant to these presents, arc hereby ratified and confirmed.
This Power of .Attomcy is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November 1.2000:
RESOLVED. that the Chairman of the Board, the President and any Vice President of the corporation be. and that each of them hereby is, authorized to execute Powers of
Attorney, qualifying the arromey(s) named in the Powers ofAttomey to execute. on behalf of the corporations, bonds, undertakines and contracts of suretyship: and that the
Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney:
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such
Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,
undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY. COMPANY OF CALIFORNIA have severally caused these
presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 0 day of November• 2000.
Ci�Bv:
, ., n .n .o
ty
OF
David H. Rhodes, Executive Vice President
,;P�ZY,AND
AGOpAPANy
�yr?,vOPPOR9jF`gia
?
:
W SEAL
2GOPPOtjgA�p9it
ocT.s a
Bv:
1967
M
Walter A. Crowell, Secretary
° �'••., r0'%IP ,,'aa a
cgUFOPN`P
STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE 1
On November S. 2000- before me. Diane J. Kawata, personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on the basis of
satisfactory evidence) to be the persons whose names arc subscribed to the within instrument and acknowledged to me that they executed the same in their authorized
capacities, and that by their signatures on the instrument the entity upon behalf of which the persons acte& executed the instrument,
WITNESS my hand and official sea[.
Signature
CERTIFICATE
DIANE J. KAWATA
COMM. It7WbaD e
MYORAN
IeUC-Cl�LIFORIM E
e ORANGECOUNfY
) MytamtEw•Jme,z0o2 I
The undersigned, as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. docs
hereby emit that the I'orcgoing Power of Attorney remains in full force and has not been revoked, and furthermore. that the provisions of the resolutions of the respective
Boards of Directors of said corporations set forth in the Power .]-Attorney. arc in force as of the date of this Certificate.
This Certificate is executed in the Citv of Irvin. California. the 19TH day of MARCH 2004
Davi) G. Lane, Chicl' Uperating Otliccr
• .._._ _.__._!
THE
� ti
GROUP
DISCLOSURE RIDER
Terrorism Risk Insurance Act of 2002
The Terrorism Risk Insurance Act of 2002 created a three-year program
under which the Federal Government will share in the payment of covered losses
caused by certain events of international terrorism. The Act requires that we
notify you of certain components of the Act, and the effect, if any, the Act will
have on the premium charged for this bond.
Under this program, the Fedetal Government will cover 900 of the
amount of covered losses caused by certified acts of terrorism, as defined by the
Act The coverage is available only when aggregate losses resulting from a
certified act of terrorism exceed $5,000,000.00. Insurance carriers must also meet
a variable deductible established by the Act The Act also establishes a cap of
$1,000,000,000.00 for which the Federal Government or an insurer can be
responsible.
Participation in the program is mandatory for speed lines of property
and casualty insurance, including surety insurance. The Act does not, however,
create coverage in excess of the amount of the bond, nor does it provide coverage
for any losses that are otherwise excluded by the terms of the bond, or by
operation of law.
No additional premium has been charged for the terrorism coverage
required by the Act.
D—etopaa Surety and Ind—u* CCompaoy
Indemnity Company of Ca1Wow=
17MFitch
Irmq G 97611
(949) 2433300
r . av odim
STATE OF OREGON
COUNTY OF LANE
On MARCH 19, 2004 , before me, ANNETTE J. CANTU'
PERSONALLY APPEARED JERRY D. BALDING
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 acknowl-
edged 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), or the
entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal.
OPTIONAL
This orm for grid Notnriat Sent
Though the data below is not required by law, it may prove valuable to persons retying 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)
❑ GUARDIAN/CONSERVATOR
❑ OTHER: — —_
SIGNER IS REPRESENTING:
NX%* OF IENSON(S) Oa ENTITYUESI
to-o;t Re,. 6/94
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
ALL-PURPOSE ACKNOWLEDGEMENT
State of •
County of oty ti�Q1
OnYom` ' `' before me I YIM, J It�'At pan h),> A ! Z
DATE NAM4 TmE OF 111111 OFFf ER - OT
G., `JANE DO ARY PCBUC„
personally appeared
1` _personally known to me - OR
Dwy NGUYM
cxffwasdw#i2fi3117
Cadlarro
0aw cmmlY —
NAMES(S) OF SIGNER(S)
O pr ry
eW4enree to be the persons) -whose name(s)
is/ase-subscribed to the within instrument
and acknowledged to me that he/sly#hey
executed the same in his/he.F�
authorized capacity(iee)— and that by
his/her/1h6r signatures _on the instrument
the persons) or the entity upon behalf of
which the person(&)- acted, executed the
instrument.
WITNESS
Smy�g
hand and official seal.
9WNATURE OFFIOTARY
--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
O INDIVIDUAL
O CORPORATE OFFICER
TITLE(S)
O PARTNER(S) O LIMITED
O GENERAL
O ATTORNEY-IN-FACT
O TRUSTEE(S)
O GUARDIAN/CONSERVATOR
C1 OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTM(MS)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
0 0
MEMORANDUM June 27, 2006
TO: Meg Monahan, City Clerk
FROM: Nasser Abbaszadeh, Engineering & Building Director N , A
SUBJECT: Grading Bond Release, Serra Plaza Office Building
31910 & 31920 Del Obispo
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 Developer Surety and Indemnity Company, Bond Number
555522S, was posted as security for the bond in the amount of $27,850.00. 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
0 0
555522S
PERFORMANCE BOND C O
ry
KNOW ALL MEN BY THESE PRESENTS, that SPM-SERRA PLAZA, LLC
as Principal (hereinafter called
"Contractor"), andDEVELOPERS SURETY AND INDEMNITY COMPANY , 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 **TWENTY SEVEN
THOUSAND EIGHT HUNDRED FIFTY DOLLARS AND N0/100s• Dollars ($27,850.00*********
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 I 9L-1 a a- 1 a
entered into a (describe agreement): GRADING & EROSION CONTROL PER HUNSAKER
AND ASSOCIATES IRVINE, INC. PLANS
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:
1. 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 City in successfully enforcing such
obligation, all to be taxed as costs and included in any judgment rendered.
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0
0
2. Said Surety, for value received, hereby stipulated 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.
n_ Executed this 19TH day of MARCH 20(304 at
COPY
APPROVED AS TO FORM:
By
John R. Naw, City Attorney
SURETY DEVELOPERS SURETY AND INDEmmwco.
11„r V
L�t111�11t111�'�'�'l1t l�l'�`111'/
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• POWER OFATTORNEY FOR •
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725, IRVINE, CA 92623 019491263-3700
KNOW .ALL MEN BY THESE PRESENTS, that except as expressly limited. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY
OF CALIFORNIA, do each severally, but notjointly. hereby make. constitute and appoinr.
."MARGIE JOHNSON, JERRY D. BALDING, ANNETTE J. CANTU, JOINTLY OR
SEVERALLY' COPY
as the time and lawful Attomcvfs)-in-Fact to make, execute. deliver and acknowledge, for and on behall'of said corporations as surctics. bonds. undertakings and contracts
of suretyship giving and granting unto said Attorncy(s)-m-Fact full power and authority to do and to perform every act necessary, requisite or proper to be dont in
connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said
Anon"s)-in-fact. pursuant to these presents. are hereby ratified and confirmed.
This Power of Attomcv is granted and is signed by Facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. clFcctive as of November 1.2000:
RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of
Attorney, qualifying the arromcy(s) named in the Powers of Attorney to execute, on 6chalfof the corporations, bonds, undomakings and contracts of suretyship: and that the
Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attomey:
..ESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Amaucy or to any certificate misting thereto by facsimile, and say such
Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,
undertaking or contract of suretyship to which it is attached.
M WITNESS WHEREOF. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY.COMPANY OF CALIFORNIA have severally caused Mese
prescors to be signed by their respective Executive Vice President and attested by their respective Secmtary this 81^ day of November, 2000.
Cil4dz:l-
By: AND
David H. Rhoda, Executive Viae President PSN........ M
SJ.G �O�J
a¢' SEAL
By: �' TZo' 1936
Walter A. Cmwed, Secretary7`.,� JOW P .
STATE OF CALIFORNIA )
AS.
COUNTY OF ORANGE 1
OCT.5
1967
On November 8. 2000. before me. Diane J. Kawata, personally appeared David H. Rhoda and Walter A. Crowell, personally known to me for proved to me on the basis of
satisfactory evidence) to be the persons whose names am subscribed to the within instrument and acknowledged to me that they executed the same in Meir authodzod
capacities, and that by their signatures on the instrument the entity upon behalf of which the persons acted executed the instrument
WITNESS my hand and official scat.
SignatureL ,
CERTIFICATE
COWLKaVMA
W
7 110 CRA10-CALiy
� wa ri�6o. arn�soa2� j
The undersigned. as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does
betray ccrtifv that the foregoing Power of Attorney remains in full force and has not been revoked. and furthermore. that the provisions of the resolutions of the respective
Boards of Directors of said corporations set forth in the Power of Attorney. am in turcc as of the date of this Certificate.
This Certifrcttc is executed in the City of Irvine. California. the 19TH day of MARCH 2004
i
BV
David G. Lane. Chief Operating Officer
STATE OF OREGON
SS.
COUNTY OF LANE
On MARCH 19, 2004 before me, 1 11' PTE J. CANTU'
PERSONALLY APPEAREO JERRY D. BALDING
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 acknowl-
edged to me that he/she/they executed the same in his/
her/their authorized capacity(ies), and that by his/her/
their signatore(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal.
X11'�•�l\Ttil'�'�1'�1'�1T.11'�l-�"�1-�11
This armfir r Oririrl Notarial SMI -
OPTIONAL no
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
Tout(s1
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
0 ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER;
SIGNER IS REPRESENTING:
NAME OF renion(S1 an EnnrrpES1
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT'
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
10 -Oil 80.6194 ALL-PURPOSE ACKNOWLEDGEMENT
State of1L� °il.* •
County of iia ®12.
On before me' -T J l�t)A�t -0 - I .vii I L
DATE NAM4 TrrLE OFOFFf ER-FIG.,"JANE DO OTARYKMUC-
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personally appeared
impersonally known to me - OR
mon 0 103117
No1W Ktft - ca"M o
OWW CM"Y
NAMES(S) OF SIGNERS)
O pr ry
ev-idertee to be the person(s)-whose name(s)
is/ase-subscribed to the within instrument
and acknowledged to me that he/she/they
executed the same in his/hGPA+eir
authorized capacity(ies),- and that by
his/he ,4� signature(4-on the instrument
the person(&) -or the entity upon behalf of
which the person(&)- acted, executed the
instrument.
141 WITNESS my hand and official seal.
NATURE OF OT O D
--------OPTIONAL -------------------------
Though
PTIONAL-------------------------
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
DESCRIPTION OF ATTACHED DOCUMENT
C3 INDIVIDUAL
O CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLES)
O PARTNER(S) O LIMITED
O GENERAL
O ATTORNEY-IN-FACT
NUMBER OF PAGES
O TRUSTEE(S)
O GUARDIAN/CONSERVATOR
O OTHER.
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF FERSON(S) OR ENTITY(EES)
SIGNER(S) OTHER THAN NAMED ABOVE
- 01 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 SPM -Serra Plaza, LLC, a
Limited Liability Corporation, referred to as "Developer".
WITNESSETH CoFly
WHEREAS, City will issue Grading Permit No. 47873 to Developerto 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(S) 668-072-15, 17, 18, 20, 21 and 22 (Serra Plaza),
commonly referred to as 31910 and 31920 Del Obispo Street.
WHEREAS, San Juan Capistrano Municipal Codes Section 8-2.08 requires the
posting of financial secu rity to secure the faithful performance and labor and materials forthe
grading and installation of improvements connected with issuance of grading permits
including the construction of drainage and protection devices and anyother 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 securityto 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 fumish all labor, materials and equipment for the installation of
improvements setforthinExhibit"A". Thegrading permitand plans, which further defines the
RECEIVED
SPR INIG PACIFIC
0 0
improvements in Exhibit "A", are on file in the office of the Citys Building Official, and all
documents referenced in Exhibit "A" are incorporated herein by reference.
2. Developer's Security. Developer shall provide a Performance Bond by a duly
authorized corporate surety with Developer's Surety and Indemnity Company Account
555522S subject to the approval of the City Attorney, to secure Developer's im�rov�ement
obligations required under this agreement. L� /( \l f o w
The amount of the bond shall be $27,850.00 for that work described in Exhibit "A".
This security of $27,850.00 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 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
compliancewith Orange County National Pollutant Discharge Elimination System (NPDES)
Storm Water implementation Agreement and San Juan Capistrano Municipal Code Section
8-14, orabandons the project site, or suspends work for more than twenty working days other
than previously prescribed, Cityshall 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 waterdischarge. The purpose of this bonding shall be to restore the property to
its original condition if the Developerdefaults. 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
9
0
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, orother erosion resistant soil coverings or
treatments to satisfaction of the Director of Engineering and Building.
6. Attomey s Fees. Developer agrees to pay City such sum as the court mayjudge
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 apart
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. COPY
8. Liabilily. 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
%-'� , 2001 at San Juan Capistrano, California.
De per
n
By: Dan Friesb, Friess Co. Builders
Agent/Contractor
Approved as to Form:
By: John haw
City Attorney
City of San Juan Capistrano
C
By: Daniel W. McFarl d
Building Official
EXHIBIT "A"
Serra Plaza
31910 and 31920 Del Obispo Street
Item 1: Construction of all on-site grading (cut, fill and slope stabilization) operations in
accordance with Grading Permit No. 47873 and the Dev ope pPT
supporting documents as listed below: \��////
(A) Grading Plan for Serra Plaza, dated March 3, 2004, prepared by Hunsaker
and Associates, William L. Harris, RCE No. 31737.
(B) Geotechnical Report for Serra Plaza, dated August 28, 2003, prepared by
Mohol, Inc., Geoscience Consulting, Thomas G. Hill CEG No. 1100.
Item 2: Construction of all on-site improvements in accordance with Grading Permit
No. 47873 and Developers 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 Developers Improvement Plans filed with the City
Engineer.
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Developers Surety and Indemnity Company [Q P,
is member of INSCOIDICO Group) Assigned to companies that ,?, Imn
A.M.Best #: 11752 NAIC #: 12718 FEIN #: 420429710 have, in our opinion, an "
excellent ability to meet their to
Address: 17780 Fitch, Suite 200 Phone: 949-263-3300 ongoing obligations to A.
Irvine, CA 92614 Fax: 949-252-1959 policyholders
Web: www.insco-diCO.com
Best's Ratings
Financial Strength Ratings view Definitions
Rating: A- (Excellent)
Affiliation Code: g (Group)
Financial Size Category: VI ($25 million to $50 million)
Outlook: Stable
Action: Affirmed
Effective Date: June 15, 2006
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