07-0511_JOHN LAING HOMES_Grading Surety Agreement (2)Q DEAL
GRADING 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 John Laing Homes a
Limited Liability Company referred to as "Developer".
WITNESSETH
WHEREAS, City will issue Grading Permit No B07-495 to Developer to construct
certain designated improvements which constitute a portion of that real property at the
location of Tract 16750 Lots 5-9 & 39-41, commonly referred to as Blue Harbor Phase 1.
WHEREAS, San Juan Capistrano Municipal Codes Section 8-2.08 requires the
posting of financial security to secure the faithful performance and labor and materials for
the grading and installation of improvements connected with issuance of grading permits
including the construction of drainage and protection devices and any other corrective work
to remove and eliminate engineering and geological hazards.
WHEREAS, San Juan Capistrano Municipal Code Section 8-2.09 authorizes the
Building Official to require additional bonding as security to ensure against adverse
aesthetic impacts arising from incomplete grading and/or improvements from development
projects which have not been completed.
WHEREAS, the Building Official finds that the proposed project site is highly
prominent and visible to the community, has unique topographic features or involves
substantial grading of slope areas.
NOW, THEREFORE, in consideration of the premises and promises hereinafter
contained, City and Developer agree as follows:
1. Developer's Improvements Obligations. Developer shall, at its sole cost and
expense, provide and furnish all labor, materials and equipment for the construction of
grading improvements as approved by the City Engineer. The grading permit and plans,
which describe all the work to be constructed per this agreement are on file in the office of
the City's Building Official.
SD
0 0 1) ORIGINAL
2. Developer's Security. Developer shall provide a cash deposit, Certificate of
Deposit or a bond by a duly authorized corporate surety subject to the approval of the City
Attorney, or as approved by the City Engineer, to secure Developer's improvement
obligations required under this agreement.
The amount of the bond shall be $11,864.00 for all onsite grading improvements as
approved by the City Engineer. This security 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 "A".
3. Completion of Improvements. To ensure the protection of the public safety,
health and welfare, Developer shall construct all said improvements in accordance with the
schedule as set forth in Exhibit "B", and the conditions as set forth in Exhibit "C".
4. Developer Default. In the event Developer does not complete the required
improvements, including erosion and silt control measures within the time required, using
Best Management Practices (BMP) in implementing a Water Quality Management Plan in
full compliance with Orange County National Pollutant Discharge Elimination System
(NPDES) Storm Water Implementation Agreement and San Juan Capistrano Municipal
Code Section 8-14, or abandons the project site, or suspends work for more than twenty
working days other than previously prescribed, City shall have the right to immediately
declare a default and to make demand on the surety for performance.
5. Restoration of Site. San Juan Capistrano Municipal Code Section 8-2.09
allows the City to require bonding as security to ensure against adverse aesthetic impacts
arising from uncompleted grading, drainage and/or improvements which includes illicit non -
storm drain water discharge. The purpose of this bonding shall be to restore the property to
a safe and acceptable 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 approved
grading plans.
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
n
u
0 DORIGINAL
as blankets, fiber matrices, catch basin filters, or other erosion
resistant soil coverings or treatments to satisfaction of the Director of
Engineering and Building.
6. Attorney's Fees. Developer agrees to pay City such sum as the court may
judge as reasonable for the legal services of an attorney representing the City in an action
brought to enforce or interpret the obligations of this agreement, and such sum shall be
made a part of any judgment in such action against Developer if such action is determined
in favor of said City.
7. Developer's Work in Safe Condition. Developer shall perform all work in a
safe workmanlike manner and shall take such precautions as may be necessary to warn
and protect the public from any dangerous condition caused by the construction of said
improvements.
8. Liability. Developer shall hold City, its officers, and employees harmless from
any and all claims, demands, causes of action, liability or loss of any sort because of, or
arising out of, the acts or omissions of Developer, his contractor, subcontractors, agents or
employees in the performance of this agreement.
In witness whereof, the parties have executed this agreement as of
MAV 200 at San Juan Capistrano, California.
Devel p r City of San Juan Capistran
By: (Signee)5 '� .B?:forNasser Abbaszadeh
uth
(Title) SoCoast DNision Engineering and Building Director
Approved as
By: Joh
Attorney
0
EXHIBIT "B"
0 L) ORIGINAL
SCHEDULE FOR COMPLETION OF IMPROVEMENTS
Completion Date
11-1-07
11-1-08
Task
Rough Grade Certification
Landscape Irrigation
11-1-08 Landscape Planting
0
EXHIBIT "C"
0
Z) ORIGINAL
CONDITIONS FOR COMPLETION OF IMPROVEMENTS
1. The grading for this project shall be in strict conformance with the approved grading
plans as well as the San Juan Capistrano Municipal Code.
2. Grading operations shall commence within fourteen (14) calendar days after
issuance of a grading permit.
Winter grading will be conducted in strict accordance with the dynamic erosion and
silt control plan submitted by the Developer, and approved by the City. This erosion
and silt control plan reflects erosion and silt mitigation measures for expected
grading conditions as the work progresses through the winter season and shall not
be amended except with the permission of the City.
In the event Developer does not wish to implement winter grading, or permission for
winter grading is rescinded, static erosion and silt control plans reflecting current
conditions of grading shall be submitted within ten (10) days of cessation of work.
These plans shall:
1. Identify all pollutant sources including sources of sediment that may affect
the quality of storm water discharges associated with the construction
activity.
2. Include the erosion and sediment control planting and hydroseeding to
insure a uniform vegetative cover or equivalent stabilization measures which
include the use of such Best Management Practices as blankets, fiber
matrices, catch basin filters or other erosion resistant soil covering or
treatments to the satisfaction of the City Engineer.
3. Except as specified in item " " below, suspension in excess of twenty (20)
working days of work authorized by the approved grading plans and grading permit
for subject property, including erosion and sediment control measures and
landscaping and irrigation, shall constitute default of this agreement.
4. The supervising civil engineer and soils engineer shall file biweekly progress reports
of all grading operations with the Building Official. An interim compaction report, for
that work completed at the time work is suspended for the rainy season, shall be
ORIGINAL
filed with the Building Official. This interim report shall conform to the grading code
requirements for final compaction reports.
5. 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.
6. Grading operations suspended during the rainy season shall be resumed no later
than 15 days from date of suspension termination.
7. 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.
8. 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.
9. Contractor shall adhere to conditions of haul route permit and encroachment permit
issued by the City Engineer.
10. Parking for construction crew is to be on-site.
32400 PAREO ADELANTO
RAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAX
www sanjuancapestrano, org
November 16, 2007
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IYUIIIIIIFI
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1776
Bond Safeguard Insurance Company
1919 S. Highland Ave.
Bldg A, Ste 300
Lombard, IL 60148
Re: Release of Bonds:
Dear Sir or Madam:
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
THOMAS W. HRIBAR
MARK NEILSON
JOE SOTO
DR, LONDRES USO
This letter is to inform you that the following bonds issued for WL Homes LLC (DBA John
Laing Homes) are officially released as of November 13, 2007:
BOND NO. PURPOSE AMOUNT
5026506 Tract 16750 lots 5-9 & 39-41 grading permit B07495 11,864.00
5024769 Tract 16750 Blue Harbor — grading permit B07-495 8,773.00
The City of San Juan Capistrano hereby fully and forever releases and discharges Bond
Safeguard Insurance Company from any and all liability under the abovementioned bond
numbers. The original — released — documents are enclosed. If you have any questions,
please do not hesitate to call me at (949) 443-6308.
Very truly yours,
,MMC
as noted
cc: (Letter copy only) John Laing Homes, 3121 Michelson Drive, Suite 200, Irvine, CA,
92612-7672, Attn : Celina Chen; Nasser Abbaszadeh, Engineering & Building Director
San Juan Capistrano: Preserving the Past to Enhance the Future
A
Printed on 100Yo recycletl paper
• BOND IMED IN TRIPLICATE
BOND ER: 5024769
PREMIUM: $100.00
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, that WL Homs LLC, A DELAWARE
LIMITED LIABILITY COMPANY DBA JOHN LAING HOMES as principal (hereinafter
called "contractor", and BOND SAFEGUARD INSURANCE COMPANY
, as Surety (hereinafter called "Surety"), are
held and firmly bound unto the City of San Juan Capistrano, as oblige
(hereinafter called "city"), in the amount of
EIGHT THOUSAND SEVEN HUNDRED SEVENTY-THREE & NO/100---
Dollars ($ 8,773.00--- ) 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
entered into a (describe agreement):
TRACT 16750 -BLUE HARBOR
MODEL PRECISE GRADING
, which contact is, by reference, made a part hereof.
NOW, THEREFORE, the condition of this obligation is such that, it
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 attorney's
fees, incurred by the City in successfully enforcing such obligation,
all to be taxed as costs and included in any judgment rendered.
2. Said Surety, for value received, hereby stipulates and agrees that
no change, or extension of time, alteration, or modification of the
contract documents, or of the work to be performed thereunder,
shall in any way affect its obligation or this bond, and it does hereby
waive the notice of any such change, extension of time, alteration
or modification of the contract documents or of work the be
performed thereunder.
RELEASED
City Clerks
Clty of San.,apistrano, CA
0
0
Executed this IST day of FEBRUARY 20 07,
At ORANGE , California.
WL HOMES LLC,
A DELAWARE LIMITED LIABILITY COMPANY
DBA JOHN LAING HOMES
/ P N IPAL
BY:
(NOTARIZATION AND SEAL)
BOND SAFEGUARD INSURANCE COMPANY
SURETY
BY: �T
(NO ARIAZATION AND SEAL)
APPROVED AS TO FORM: D.J. PICARD, ATTORNEY-IN-FACT
04 -"
John I Shaw, City Attorney
2
CALIFORNIA ALL-PURPOACKNOWLEDGMENT •
State of CALIFORNIA
County of ORANGE
On FEBRUARY 1, 2007 before me, CYNTHIA S. WOZNEY, NOTARY PUBLIC
DATE NAME. TITLE OF OFFICER - E.G.,'JANE DOE, NOTARY PUBLIC'
personally appeared D.J. PICARD
NAME(S) OF SIGNER(S)
® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that helshe/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.
&IGNATUREI3F NOTARY
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 DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
PERFORMANCE BOND
TITLE OR TYPE OF DOCUMENT
TMLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL 2
ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIANICONSERVATOR
❑ OTHER: FEBRUARY 1, 2007
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSONS) OR ENTITY(IES)
BOND SAFEGUARD INSURANCE COMPANY SIGNER(S) OTHER THAN NAMED ABOVE
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of
Onl&4&4 I1 d007 before me,�"I"TA om-ra ,
V- !, Name and Tale N Oflitw (e.g., "Jare One, NNary Pu wj
personally appeared
DAMOIAZ
ConMnWbn 1116190/
�Y N11�C - Ca6bIfFFY
OIMVCCWAL1 0W Will 118L
lames) t a,.,(s)
3KIersonally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(ii6 whose name(V istwif
subscribed to the within instrument and
acknowledged to me that he/sWApey executed
the same in his/Fyef/ti authorized
capacity(K), and that y his/Fye{/twr
signature(Xon the instrument the person(g,, or
the entity upon behalf of which the person('
acted, executed the instrument.
WITNE S my hand and/official seal.
SgnMure Nolapr hl¢
OPTIONAL
Though the information below is not required bylaw, it may prove valuable to persons retying on the document and could prevent
traudulent removal and reattachment of this form to another document
Description of Attached Document /
Title or Type of Document::§ ill�l7E / CO�m���A �yr�Sf�G�
ChL T'R Ee�d i 6
Document Date: �� Number of Pages:
Signer(s) Other Than Named Above: A�A
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual Top of thumb here
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
®1999National Notary Associabon-93WNSob Ave.,PO.Bo[2402-Chahwodh,CA913132402.wew.natpnlnwgmg Prod W. 5907 Reorder Call Toll -Free 1-800.9]0!62)
POWER OF ATTORNEY AO 24401
Bond Safegua Ci INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEGUARD INSURANCE COMPANY, an Illinois Corporation with its
principal office in Lombard, Illinois, does hereby constitute and appoint: D.J. Picard, Todd M. Rohm, Sejal P. Lange, **********
Cathy S. Kennedy, Beata A.Sensi, Cynthia S. Wozney****************************************
its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or
other writings obligatory in nature of a bond.
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND
SAFEGUARD INSURANCE COMPANY on the 7th day of November, 2DO1 as follows:
Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or
other person or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity
or other writings obligatory in nature of a bond, $ 3.ix10.000. W Tkee rrdllion dollars "".....I """'+""""+'''"'''.."''"'"'''..............
which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such
documents by an Attorney -In -Fact shall be as binding upon the Company as if they had been duty executed and acknowledged by the
regularly elected officers of the Company. Any Attorney -In -Fact, so appointed, may be removed for good cause and the authority so granted
may be revoked as specified in the Power of Attorney.
Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney
granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power
and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so
executed and sealed and certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue
to be valid and binding on the Company.
IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its
President, and its Corporate Seal to be affixed this 7th day of November, 2001.
'cF BOND SAFEGUARD INSURANCE COMPANY
AN O;
2 ILLINOIS v
m INSURANCE '
COMPANY
BY (�
David E. Campbell
President
ACKNOWLEDGEMENT
On this 7th day of November, 2001, before me, personally came David E. Campbell to me known, who being duly swom, did
depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY, the corporation described in and which executed
the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said
corporation.
"OFFICIAL SEAL" e_va-�
LYDIA J. DEJONG
Notary Public, State of Illinois = J crj
My Commission Expires 1/12/07 Lydia J. DeJong
Notary Public
CERTIFICATE
1, the undersigned, Vice Presidentof BOND SAFEGUARD INSURANCE COMPANY, An Illinois Insurance Company, DO HEREBY
CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been
revoked and the resolutions as set forth are now in force.
Signed and Sealed at Lombard, Illinois this 1ST Day of FEBRUARY 20 07
rCOUR"
oINS'""""OANO'S SDonald D. Buchanan
MPANY Secretary
0
MEMORANDUM
TO:
FROM:
SUBJECT
Meg Monahan, City Clerk
Deena Berens, Permit Technician
0
WE
February 8, 2007
Performance Grading Bond, Tract 16750 Model Precise- Blue Harbor
— — —------------ ---------------------------------------------
Please find attached for your records, the original Grading Surety Agreement and
Performance Bond #5024769 in the amount of $8,773.00 for the placement of bond for the
purpose of grading for Tract 16750, Model Precise for Blue Harbor — John Laing Homes.
Attachment
0
MEMORANDUM
TO: Meg Monahan, City Clerk
November 13, 2007
FROM: Nasser Abbaszadeh, Building and Engineering Director /j/_ A.
SUBJECT: Grading Bond Releases
This memorandum is authorization to release the grading bonds posted for Tract 16750.
Model Precise 42-46 $8,773.00 B07-201
Phase 1 5-9 & 39-41 $11,864.00 B07-495
The grading for these phases have been completed and the bonds can be released.
If you have any questions, please contact me.
MEMORANDUM
TO: Meg Monahan, City Clerk
FROM: Deena Berens, Permit Technician
May 11, 2007
SUBJECT: Performance Bond, Tract 16750 Production Precise Phase
John Laing Homes - Blue Harbor
Please find attached for your records, the original Grading Surety Agreement and
Performance Bond # 5026506 in the amount of $11,864.00 for the placement of bond for the
purpose of precise grading for Tract 16750, Lots 5-9 & 39-41, Phase 1 — Blue Harbor.
Attachment