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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. S® 0 0 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, 9 0 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. 0 EXHIBIT "B" 0 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 �I MEMBERS OF THE CITY COUNCIL GRADING PERMIT NO 43964 (31495 Juliana Farms Road) 1[�J A19A61AAfA SAM LEVATO DIANE BATHG DIANE BATHGATE ' 1LISA[A fS1 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 -� 0: 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 Oe ��q ( Nine miTO. dORear(e.g.,-Jaee Dae. I Public - 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 m be ferric. and Use u.horkY [rarsW Nm nwkd by dw Ftetdast. es, aw, Ea.cuu.e Vice Pra d t. wary S.uuw Vice Preadau. w by tre Boal d Dkeows w by use Fuarce a.d Eraeuue. CwmUwe of tet Boa.d or Ds etsorr. 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 orsssir rue ivue a paucy w pock la of Iruurar,c. on beh ad of Cuir i.satmv C.Psirgc' Gulf I...ra. CemP.W desist t...by make. eoralwte stnd aPpoir. NIAMLYN SANDI of Santa Ana, in the State of California 0 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. ��t0 JAFF9 � 207Ags- N y tt 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 V, filI r 4 -10 61V - I/!T� x Notary Seal 0 0 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