01-0531_STONEFIELD SAN JUAN, LLC_Surety AgreementSURETY AGREEMENT
THIS AGREEMENT is made by and between the CITY OF SAN JUAN CAPISTRANO, a
municipal corporation, hereinafter referred to as the "City" and Stonefield San Juan, LLC,
a California Limited Liability Company referred to as "Developer'.
WITNESSETH
WHEREAS, City will issue Grading Permit No. 43964 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 Lot 13 of Tract 13823, commonly referred to as 31495 Juliana Farms Road.
WHEREAS, San Juan Capistrano Municipal Code Section 8-3.05 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.
WHEREAS, San Juan Capistrano Municipal Code Section 8-3.06 authorizes the
Building Official to require additional bonding as security to ensure against illicit non -storm
drain discharge and adverse aesthetic impacts arising from incomplete grading and/or
improvements from development projects which have not been completed.
WHEREAS, the Building Official finds that the proposed project site is highly
prominent and visible to the community, has unique topographic features or involves
substantial grading of slope areas.
NOW, THEREFORE, in consideration of the premises and promises hereinafter
contained, City and Developer agree as follows:
1. Developer's Improvements Obligations. Developer shall, at its sole cost and
expense, provide and furnish all labor, materials and equipment for the installation of
improvements set forth in Exhibit "A". The grading permit and plans, which further defines
the improvements in Exhibit "A", are on file in the office of the City's Building Official, and
all documents referenced in Exhibit "A" are incorporated herein by reference.
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2. Developer's Security. Developer shall provide a Performance Bond by a duly
authorized corporate surety 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 $116,850 for that work described in Exhibit "A".
This security of $116,850 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, 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 8-3.06
allows the City to require bonding as security to ensure against illicit non -storm drain water
discharge and adverse aesthetic impacts arising from uncompleted grading and/or
improvements. 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 as blankets, fiber matrices, catch basin filters,
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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
adjudge 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 May 31,
2001 at San Juan Capistrano, California.
Developer
Stonefield Devi pment
Managing tuber
By: Robert C. Pack
President
Approved s to orm:
By: John
City Attorney
City of San Juan Capistr no
By: Daniel W. McFarland
Building Official
EXHIBIT "A"
31495 Juliana Farms Road
Tract 13823 Lot 13
Item 1: Construction of all on-site grading (cut, fill and slope stabilization) operations in
accordance with Grading Permit No. 43964 and the Developer's plans and
supporting documents as listed below:
(A) Grading Plan for 31495 Juliana Farms Road, dated November 27, 2000,
prepared by Hunsaker and Associates, (Engineer) Phil Dowty, RCE No.
42038.
(B) Geotechnical Report for 31495 Juliana Farms Road, dated February 5,
2001, prepared by Geosoils, Inc., (Engineer) John P. Franklin No. CEG
1340.
Item 2: Construction of all on-site improvements in accordance with Grading Permit
No. 43964 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"
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SCHEDULE FOR COMPLETION OF IMPROVEMENTS
Completion Date
August 30, 2001
September 30, 2001
Task
Rough Grade Certification
Landscape Irrigation
October 30, 2001 Landscape Planting
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. 43964.
B. Grading operations shall commence within fourteen (14) calendar days after
issuance of Grading Permit No. 43964.
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 silt 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 engineerand soils engineershall 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
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 silt 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 silt 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 8-107.
I. Contractor shall adhere to conditions of haul route permit and encroachment permit
issued by the City Engineer.
32400 PASEO ADEIANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAX
www.sanjuancapistrano.org
May 10, 2006
Gulf Insurance Company
One State Street Plaza, 9th Floor
New York, NY 10004
is
Re: Release of Bond — Stonefield San Juan, LLC, Tract 13823 — Lot 13, 31495 Juliana Farms
Road
Dear Sir or Madam:
A Performance Bond was received by the City of San Juan Capistrano on June 4, 2001 provided
by Golf Insurance Company as follows:
BOND NUMBER
BE2620000
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MEMBERS OF THE CITY COUNCIL
GRADING PERMIT NO
43964 (31495 Juliana Farms Road)
1[�J
A19A61AAfA
SAM LEVATO
DIANE BATHG
DIANE BATHGATE
' 1LISA[A
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WYATT HART
1.A7
JOE SOTO
• •
DAVID M. SWERDLIN
Re: Release of Bond — Stonefield San Juan, LLC, Tract 13823 — Lot 13, 31495 Juliana Farms
Road
Dear Sir or Madam:
A Performance Bond was received by the City of San Juan Capistrano on June 4, 2001 provided
by Golf Insurance Company as follows:
BOND NUMBER
BE2620000
AMOUNT
$116,850.00
GRADING PERMIT NO
43964 (31495 Juliana Farms Road)
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.
Very truly ours,
0
Meg on an, CMC
Clerk
Attachme — as noted
cc: Nasser Abbaszadeh, Engineering & Building Director
Stonefield Development, 23333 Avenida La Caza, Coto de Caza, CA 92679
San Juan Capistrano: Preserving the Past to Enhance the Future
M Pflmt.d Op 100% Recycled Paper
BE2620000
.` PREMIUM $1402.00
KNOW ALL MEN BYTHESE PRESENTS. that STONEFIELD SAN JUAN, LLC
as Principal (hereinafter called
"Contractor'), and GULF INSURNACE COMPANY
as Surety (hereinafter called "Surety"), are held and finely bound unto the City of San Juan
Capistrano, as obligee (hereinafter called "City"), in the amount of **ONE HUNDRED
SIXTEEN THOUSAND EIGHT HUNDRED FIFTY AND OO/100THS*D��rs(� 116,850.00 }
for payment whereof Contractor and Surety bind themselves, their heirs, executors,
administrators, successors and assigns, jointly and severally, fairly by these presents.
WHEREAS, Contractorhas, bywritten agreement dated
entered into a (describe agreement): LOT 13 GRADING BOND, TRACT 13823
SAN JUAN CAPISTRANO, CA
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
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 attorneys fees, incurred by City in successfully enforcing such obligation, all
to be taxed as costs and included in any judgment rendered.
r-Vr0WsVomsWeffonnw=e8ond.v,pa _f RELEASEDa 0� 0!
DATE I .�j/ l -�
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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.
Executed this 4TH day of JUNE 2001 , at
SANTA ANA . California_
PRINCIPAL
STONEFIELD SAN JUAN, LLC
(NOTARIZA
BY: STONEFIE
APPROVED AS TO FORM: MANAGING
By
John R. Shaw, City Attorney
M
,
SURETY GULF INSURANCE COMPANY
(NOTARIZATIO AND SEAL)
MARILYN SANDI, ATTORNEY-IN-FACT
GVmyhL-sVbffrMPerformaiKABoMLwpd -2- 05M woo
PILL-FUKYU,t
State of r -c�('/ T7 v r P, I cA,-
County of i` &C b7 64 (!-
On— (10 - -1 - before me, "Le rrt L
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personally appeared Y r t I' (.� L1 S�� r
Name(.)d siv qs)
❑ personally kngwn to me - OR - O'proved to me on the basis of satisfactory evidence to be the person(Sj
whose nam ubscribed to the within instrument and ack edged to me that- he hey -executed
the same in hjs their authorized capecity(ie� and that by hi he heirsignature(,k) on the instrument the
person(), or the entity upon behalf of which the person) acted, executed the instrument.
C149ME ANGUTANO WITNESS my hand and official seal.
CAtntr*torl N 1247521
Nolixy PWic,, calf atiltOnmee
W���eSC 3M2= WPublic �T
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: T 0 rf-`�cr VYN c," c e-
Document Date: La- - 7-o( C Number of Pages:
Signer(s) Other Than Named Above: vim' Jt
Capacity(les) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer
Title(s):
❑ Partner - ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Individual
❑ Corporate Officer
Title(s):
❑ Partner - ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
502D4(FtDZ11-2000) 1994 NATIONAL NOTARVASSOCIATION-8736 Remm Am. P.O. Boz 7184- Cwma Peck. CA 91309-7184
W
GULF INSURANCE COMPANY
ST LOUIS, MISSOURI
POWER OF ATTORNEY
KNOWN All. MEN BY THESE PRESENTS: Tlwe the Guar I,....e
ComPann a owpw.mn duly oreawsd .rider rah. Iws or d. Srav at aa.
tumm la wwciimi m. m ch. w of ir,ene. Tem. pursu.we mate sesluWrtg
.vwwosm adop.ed by use Ft,ia,we & E,see mse Carmrmee of w Bord of
Dk.rtws a( Ute said C .,,. w m the loth eey of Augwr. 1993. w wit:
'RESOLVED. nM me P...dast. E.sam,w Vtoe P.aleent or ary Savor Vice
Presidert, of uw Company sha0 ha,ig dw a.stl, say ro nuikas isswcute surd Ae&,.r a
Po—sr or Auorney eor.utuu.,g . APornsy-m-Fact: such periost. arms. or
eorporumre . nu,, be telexed fmm Uma to ume: and tiny ruck Atmrtwy-m-Fats
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RESOLVED. nue nomsm m rNst P. d AoorrssY ,tuns be mMr." . a train,
of aud,erny m aw a¢ornry(r%-in-!iter m tlps, eaewre. ticksu led`e. d u� sir
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NIAMLYN SANDI
of Santa Ana, in the State of California
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to true trio hwful auwney(a(-in-fart +lith full power and aud,wky M.by cmferred in iet manse. suite. stria smad, to nen, ea.e,,M ack.w Istdge and d.l.wr in its twlwf. a,
usmty, stn,, and all bolls a.d urderaakings of lurecyrlslp, and m bid Gulf Ins rranu CO."., dwfNy . runy ad m Uw same raw.0 as .f a.ty W,us ,undo. tak.ryp uw�
docurn.sur relwsng to tuck bottle ardfw urtdertaku.gr were signed by Use duly wthorired of car of it.e Cul( lmu.a . Company use ..I U,e a.:1 .(.d auor.; y(si .n-fxl.
puwstnt m IIsi trnhwily Mein gi,an, are hereby raUnd all connrm
Th.owigaudnad,e Companys iirotsiacsicd five million---- ------(1;5,000,000.00---1 ao:un.
IN WITNESS WHEREOF. the Culf Insurance Company has mused these presents to he signed by any officer of the Company and its Corporate Seal to
be hereto affixed. +SdrarOa.O
GULF INSURANCE COMPANY
SEAL
-STATE OF NEW YORK SS �rasod re
COUNTY OF NEWYORK ecuLawicncc P. PresidMiniteent EzeculiveVice President
On this 25th day of July 2000 A.A. before me mine Lawrence P. Minter, known 3o me personally who being
by me duly sworn. did depose and say: that he inu
sides in the County of Bergen. State of New Jersey that he is the Eaeeuthe Vice President of the Gulf
Imuranct Company the corporation described in and which emoted the atheistsimtrumem; that he knows Use real of said corporation: that the real
&(fixed to the said iratrvmma is such corporate seal: that it was so aRuoM by ord" of the Board of Directors of said corporation and that he signed his
name, thereto by like order.
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STATE OF NEW YORK i SS y &AWA
COUNTY OF NEW YORK f F
Da QA Ja fa
Notary Public. Sate of New York
No. 02(A495SG34
Q.alioed in Kings County
Commission Expires December 30, 2001
1. the undersigned. Senior Vice President of the Gulf Insurance Company. a Missouri Corporation, DO HEREBY CEIZ Irl' flat are foregoing ad.l
attached POWER OF ATTORNEY remains in full force.
Signed and Sealed at the City of NcwYerk. `Sdrukeec Dated Ute 4TH day of JUNE ZBOl
k Opf09ar O.
SEAL
o=apd�
George Qianeartii
Senior Vice President
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On \JCI. 1 e— jM j before me, Chris L. McPherson, Notary Public,
personally appeared T {U)0tfi U.: f' cK
personally known to me to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his authorized capacity,
and that by his signature on the instrument the person, or the entity upon behalf of which
the person acted, executed the instrument.
R "13-1 NNERIM, OR •• 6
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Notary Seal
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MEMORANDUM May 8, 2006
TO: Meg Monahan, City Clerk
FROM: Nasser Abbaszadeh, Engineering & Building Director /v .P�
SUBJECT: Grading Bond Release, Stonefield Dev. - Tract 13823 - Lot 13
31495 Juliana Farms Road
This memorandum is authorization to release the grading bond posted for the above
reference address. The grading for the project has been completed sufficiently to warrant
the release of the bond.
A Performance Bond in the amount of $116,850.00, held by Gulf Insurance Co., Bond
Number BE2620000, 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
Contact information:
Stonefield Development
23333 Avenida La Caza
Coto de Caza, CA 92679
Neil Morrison
949-581-4663