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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 SD 0 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 11 • 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. 0 0 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) 0 0 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. 05/10/00 o:\myflles\forms\PerformanceBond.wpd 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. 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) - Z - 05/10/00 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. -1 - 05/10/00 c:\nyfilesVorms\PertonnanceBond.wpd 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'/ - 2 - 05/10/00 c:kmyfil esVorms%Performan ceBond.wpd • 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- �' J _ llVll �. 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. Best's Rating Center - Company In4mation for Developers Surety and Center Rating Methodology Industry Research Ratings Defindions � Search Bests Ratings Press Releases Related Products Country Risk How to Get Rated I Contact an Analyst I Company Page 1 of 2 View Ratings: Financial Strength Issuer Credit Securities Advanced Search Other Web Centers: Select 1 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 * Denotes Under Review Best's Ratinas Reports and News Visit our NewsRoom for the latest news andress rete s for this company and its A.M. Best Group. Best's Company Report - includes Best's Financial Strength Rating and rationale along with compre analytical commentary, detailed business overview and key financial data. _ } Report Revision Date: 06/28/2006 (represents the latest significant change). 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