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06-0719_MATTHEWS, JOHN_Grading Surety Agreement (2)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 �?'OHN M.4TTff=VV a J?ulz_mff1Z (General Partnership, Limited Partnership, California Corporation, etc.) referred to as "Developer'. WITNESSETH WHEREAS, City will issue a Grading Permit to Developer to construct certain designated improvements which constitute a portion of that real property at the location of hGY 112)05# LoT 97 commonly referred to as 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 2. Developer's Security. Developer shall provide a cash deposit or a bond by a duly authorized corporate surety, subject to the approval as to form 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 $ Li Q, Q QQ . 0 0 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 0 0 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 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. 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 Olt L�J l q 20 O (P at San Juan Capistrano, California. Developer 0 City of San Juan NasserAbbaszadeh Engineering and Building Director Approved as to Attorney P EXHIBIT "B" 0 SCHEDULE FOR COMPLETION OF IMPROVEMENTS Completion Date zc / D // /c T(� Task Rough Grade Certification Landscape Irrigation Landscape Planting 0 EXHIBIT "C" CONDITIONS FOR COMPLETION OF IMPROVEMENTS 1. The grading forthis 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 0 • 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. • a2400 PASEO ADELANTO $AN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 4931053 FAX www. sanj uancaptstrano. org July 13, 2007 IA[AVAAAIfI � ff1A1LI3NFA I 1961 1776 Pinnacle Surety & Insurance Services 151 Kalmus Drive, Suite A201 Costa Mesa, CA 92626 Re: Release of Bond — John & Eileen Matthews Dear Sir or Madam: MEMBERS OF THE CITY COUNCIL SAM ALLEVATO THOMAS W. HRIBAR MARK NIELSEN JOE SOTO DR. LONDRES USO The bond listed below for is released as of July 13, 2007, per direction of the City of San Juan Capistrano, Engineering & Building Director. BOND NO. 661118511 Lincoln General Insurance Co. Performance Bond, John & Eileen Matthews — Principal Amount: $40,000 Dated: July 13, 2006 Property: Tract 6305 — 30542 Steeplechase Drive The City of San Juan Capistrano hereby fully and forever releases and discharges Lincoln General 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, Meg Mof)allan, MMC City fL1erk as noted cc: (Letter copy only) • Lincoln General Insurance Company — PO Box 3709, York, PA, 17402-0136 • John & Eileen Matthews • Nasser Abbaszadeh, Engineering & Building Director San Juan Capistrano: Preserving the Past to Enhance the Future QPrinted on 100% recycled paper _t�� 111V 1VA�.LC. JVri l M 11Va Vr(A1V1.1: .7LKvll.t'J 151 Kalmus Dr., Suite 1 • Costa Mesa, California 92626 PINNACLE,Phone: 0714) 54M- Fax: (710'546-3707 o/t /eS�NAt� Premium: $1,200.00 PERFORMANCE BOND KNOW ALL MEN BYTHESE PRESENTS, that John & Eileen Matthews as Principal (hereinafter called "Contractor"), and Lincoln General Insumnee Company , as Surety (hereinafter called "Surety"), are held and firmly bound unto the City of San Juan Capistrano, as obligee (hereinafter called "City"), in the amount of Forty Thousand & 001100 Dollars ($ 40,000.00 ) 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 agreementdated July 13,2006 entered into a (describe agreement): Grading, Erosion Control and on Site Improvements for 30542 Steeplechase Drive, San Juan Capistrano CA 92625 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 reasonable attomeys fees, incurred by C to be taxed as costs and included in arty RELEASED Date: s onnswerfamance0ond.wpd Signature: City Clerk City of San Juan Capistrano, CJI ing Fill 05/10100 Bond No.: 661118511 Premium: $ 1,200.00 PERFORMANCE BOND KNOW ALL MEN BYTHESE PRESENTS,that John & Eileen Matthews as Principal (hereinafter called "Contractor"), and Lincoln General Insurance 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 Forty Thousand&00/100 Dollars ($ 40,000.00 ) 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 July 13, 2006 entered into a (describe agreement): Grading, Erosion Control and on Site Improvements for 30542 Steeplechase Drive, San Juan Capistrano CA 92625 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. i cluding reasonable attorneys fees, incurred by City, in sucoessfu rnfor' Ion, all to be taxed as costs and included in arty judgme RELEASED tise: a ll Date: ,es onns%Perfonnanoeaond.wpd 1 `'�9rlc� Sao a o5nom signaturtf: �� of City Clerk City of San Juan Capistrano, CA 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 19th day of July 200 6 , at 151 Kalmus Dr., Ste. A-201, Costa Mesa , California. John & Eileen Matthews PRINCIPAL (NOTARIZATION AND SEAL) Lincoln General Insurance Company SURETY (NOTARI TIO AND SEAL) Stephanie Pham, Attorney -in -Fact clmyf leslformsTeftmianceBond.wpd -2- 05/10/00 CALIFORNIA ACKNOWLEDGMENT State of California County of Orange On (� , a(o before me Tammy Soto, Notary Public D E NAME, TITLE OF OFFICER personally appeared Stephanie Pham NAME OF SIGNER 0 personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person whose name(s) is/are subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity(ies), and that by his 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. Signature of Notary is TAMMY SOTO _CommWIon # 1646040 z s Notary PubliC - California t z orange County QQtly Comm. Ex0m Feb 1B, 2010 Place Notary Seal Above LINAN GENERAL. INSURANCE COMONY POWER OF ATrOR-iEY KNOW ALL MLN BY THESE PRESENTS; That Lincoln General Insurance Company, organized and existing by virtue of the Laws of the Commonwealth of Pennsylvania, does hereby nominate, constitute and appoint: Eric Lowey, Mark Richardson, Stephanie Pham, Esmeralda Ureno Its true and lawful Attorney{sj-in-Fact to sibm, seal and execute for and on its behalf, as surety, bonds, undertakings, and other obligatory iusu wucmnn of sinulat nature, and to bind If thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation, and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. RESOLVED that this Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopter] by the Board of Directors of Lincoln General Insurance Company on the 4`h day of September, 2002. RESOLVED that the President, an Executive or Senior Vice President, or any Vice President of the Company, together with the Stxretary Or any assistant Secretary are hereby authorized to execute Powars of Attorney appointing the persoms) named ss Attorneys}in-Pact to date, execute sign, seal and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER that the signatures of the officers making the appointment, and the signature of any officer certifying thv validity and cuncm status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals; and such facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing or photocopying. IN NVITNESS WHEREOF, Lincoln General Insurance Company has caused its corporate seal to be affixed and these presents to be signed by its duly authorized officers this 15" day of October, 2004. �,attmt Secretary ; �oturps •. 1977 f• a=: Presider - --�' z7% On this 15" day of October, 2004, befoee me personally came John T. Clark, to me known, who being duly swom, did deposc and say: that he is the. President of the Corporation described in and which executed the above instrument: that be knows the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board Of Directors of said Company; and that he executed the said instrument by like order and mtthnn.ty. and the, same wai his free act and deed, The Commonwealth of Pennsylvania York County lf� W Conwr a pn Ery o Oct 29, 2008 i, Gary J. Omdorff, Secretary of Lincoln Genaral.lnstimincc Company; a corporation of the Commonwealth.of Pennsylvania do hereby oerttty that the above and foregoing isa full, true and correct copy of Power of Attorney issued by said Company, and of the whole of the original and that the said Power of Attorney isstill in fall force and, effect and has not been revoked, and furtli2miore that the Resolution of theBoardof Difegms, set.for ilb in the said Power of Attorney is now in force. IN WITNESS WHEREOF, I have hereunto %rr my liiitid And affixed the seal of ;aid Cotnpuny, at York, Pennsylvania, thia 19th _ day of July , '2006 �,ntwr9NorA /' kp�IN8 �5 / V?pRAI'E,p • '',y�1 60r( +'t� 177 oa"e�y �01`Lj as PERFORMANCE BOND KNOW ALL MEN BYTHESE PRESENTS, that \,2h -h n G c EI 1FEI\% L - + L1 ,e -WC as Principal (hereinafter called "Contractor"), and 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 jX J 0 SQM CJI Kiln �` 0. Y`S 0,"Ct Ivo Cev liars ($ {OI OG 0_) 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 datedOaf a W (' infn n /rinenrihn nnrccmcnfV 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. c:Unyfile Xfo m kPerfomanceBond.wpd -1- 05/10/00 0 2. Said Surety, forvalue 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. xecuted this day ofall 200 �i, alifornia. 9-wr Z APPROVED AS TO FORM: By John R. Shaw, City Attorney c:\myfiles\fonns\PerformanmBond.wpd PRINCIPAL li 4 a �'% i' �U 0 ° " • • U y� DANA A. . Y1430004 LOUGHRIbGE COMM � W s '. Notary Public-Calltornla N ORANGE COUNTY My Comm. Exp. July 12, 2007 SURETY . (NOTARIZATION AND SEAL) 05/10/00 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that \, ►bh h C 4 -El IFE11l L- �-� + L) it- iA>C-, , as Principal (hereinafter called "Contractor"), and 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 a Vict Ivo !-,�Ilars ($ H OG Q ) 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� / V:2 W (, into a (describe aareement): �} 9�(0�� 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. c:lmyfileslformsiPerfomanmBond.wpd -11- 05/10/00 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. Ztedthis Lq day of 200 &, at (� alifomia. PRINCIPAL elr7j'�Ag�qoYWTf,/�' %E l h9�S ) (NOTARIZATION ND SEAL) _ DgNA q, LOUGHRIOGE '- COMM. #1430094 APPROVED AS TO FORM: w Nc4ryVuE COU lifornla N • ORANGE COUNTY r ■. �. My Comm. Exp. July 11,1007 John R. Shaw, City Attorney c:\myfiles\foms\PerformanmBond.wpd -2- SURETY (NOTARIZATION AND SEAL) 05/10/00 Best's Rating Center - Compani6formation for Lincoln General Insurance Company Page 1 of 1 Center Search Best's F Press Releases Industry & Regional Country Risk How to Get Rated Contact an Analyst View Ratings: Financul_$trengN Issueri radit secudtiae Advanaed8earca Lincoln General Insurance Company �J AM.Bnte: Nilca: JJaae FEIN 1: 232511111 thRJ Sock Tcker New York Stock Exchange HYSEKE$ Toronto crock Exchange T5X KFS Toroth Address: P. O. Box 3709 Phone: 719457-0000 k Vork, PA 17402-0136 FaX: 717-751-0165 Web: wes, mcoi_n eneral,com_ Best's Ratings pha Wb Came,s sale, luaignecl to compemee that have, in our alrmoo an eviceneouleiwto meet they - ongoinp odipehona to pMi,hoid— Financial Strength Ratings View Definitions Issuer credit Ratings View Defln_Ithi Rating: A -•(Excellent) Long -Tenn. a. - Financial Size Category: VIII ($100 Million to $250 Million) Implication: Negative implication: Negative Action: Under Review Action: Under Review Date: Jun. 07, 2007 Effective Date: June 07, 2007 * Denotes Under Review Best's Ratings Reports and News Visit our NewsRoom for the latest news.andPr§ssleteases for this company and its A . Best Group Before _G.nuum"f ggd - includes Best's Financial Strength Rating and nationals along with comprehensive analytical commentary, deceit key financial data. i Report Revision Date: 06122/2007 (represents the latest significant change). Histone) Reports are available N Baa1.s.Cempany.R.€D_Pf1Ar5rµ_ YE. r' -'s Beat's Executive Summary Repots (Financial Overview) - available in three versions, these presentation style reports feature balance s s l :iy; key Status 2007 Best. tests including a profitability, Contains reserve analysis. I Data stable: 2oo19eara slelemam Fila -Plc, us. comains data compiled as of 711212007 (Quality Cross Checked). s SinglaSomgeny-five years of financial data specifically on this company. N Comparison - side-by-sitle financial analysis of this company with a peer group of up to five other companies you select. a Composite- evaluate this company's financials against a peer group composite. Report displays both the average and total composite, group. Note: Adobe Reader is required to view the reports listed above. This software is available free from Adobe &yaten!SJac. An Excel export of the report has been opened using Adobe Reatler, Basra Key _Fjagng Gpl_de_PS@k.6nratlo_n_geggrt - includes Best's Financial Strength Rating and (manual dam as provided in Best's Key Rai Data status: 2006 Financial Data (Quality Cross Checked). Financial and Analytical Products Ball'.sPFldsanyLCasuaty_Center .-P.mrrl DfdaA Reports Best's Key..5_a1m9Guide-_PLC,._US &.Canada Egars_statemBn1_Eile_- PICSJS Beslls. ulate,nentF_de:..Glgpaf Bges I_ns_ur4oce. arts-_P/C...U.s&_Cathode Best€_&IBlal.ine-PIC._US Beslenlsurenida Excidss Exht21UEE)=PIC_ S Beat talpLUnejCo_mgunedLin_e_-) -PIC . Sts Basis Slate Line. Property /Casualty-sin9�es(_a(e Bells SMI duleP_ 1Loss.Reserea5).-_P_IC._US Customer.$.ervice I Product.Supicort I Member Center I Contact Info I Caree_ra About A.M. Best I Site Masp I Privacy Policy I Security I Terms of Use I Legal 8 Licensing Copy,ightO2007A.M Best Company. Inc. All rights reserved. A.M. Best Wotldeede Headquarters, Ambest Road Ditwck, Naw Jersey, 08858, USA. http://www3.ambest.com/ratings[FullProfile.asp?B1=0&AMBNum=3723&A1tSrc=1 &Alt... 7/13/2007 0 MEMORANDUM TO: Meg Monahan, City Clerk FROM: Nasser Abbaszadeh, Building and Engineering Director IV/ , A , SUBJECT: Grading Bond Release, Matthews Residence July 12, 2007 This memorandum is authorization to release the grading bond posted for 30542 Steeplechase Drive. The grading for the project has been completed and the bond can now be released. The performance bond # 661118511 posted from Lincoln General Insurance Company in the amount of $40,000.00 was posted as security. Please find attached a copy of the Surety Agreement and performance bond for your use. If you have any questions, please contact me. Attachment Contact information: John & Eileen Mathews Home (949) 240-2232 Cell (949}677-0053 ARROWHEAD® General Insurance Agency, Inc. 701 B Street, Suite 2100 San Diego: CA 92101-� FV D To[ 800.903.5489 1 Fax 877.895.7161 A E -Mail EBonds@ArrowheadGrp.com www.ArrowheadSurety.com CA License x:0699809 ?*1 RAY I CITY CLERK 9 Commercial Division - Surety 5/1612007 SAN JUAN CAPISTRANO Please respond within 30 days to avoid 2nd request City of Juan Capistrano 32400 Paseo Adelanto San Juan Capo., CA 92675 Re: John & Eileen Matthews Bond Number: 661118511 Bond Amount: $40,000.00 Tract: Grading, erosion control and on site Improvements for 30542, Steeplechase Drive, San Juan Capistrano CA 92625 Without prejudicing your right or affecting our liability under our bond(s) described above, we would appreciate a status update on the referenced project. Thank you for your cooperation. iRespeY ttffull , Jennifer obellard Bond Department 1) If Subdivision Off -Site Improvements are complete: a) Acceptance date (by Board of Supervisors, City Council, or other governing body): PLEASE ATTACH A COPY OF THE RELEASE LETTER. 2) If Subdivision Off -Site Work is not complete, please state the approximate percentage completed for the following (where applicable): Rough Grading Fire Hydrants Finish Grading Street Lighting Curbs Water Service Gutters Sewers Sidewalks Monuments Is there an expected date of completion? S U If so, what date? 3) What is the inspector's name and phone number? (In case we are in need of more information or there is a problem)l Milt- k1 quc►-L4LI3-43 By: Date: J Z3 /07 , [ Title: c 6-tt– �GC_4� Phone: �LlC3 �i 3 —� 3 7 S PLEASE FAX STATUS TO (877) 895-7161 0 0 CJ') Py 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 <rg;ayN &,drTf c�1NS , a Ow&y-R. / I-JulLi7iff►2— (General Partnership, Limited Partnership, California Corporation, etc.) referred to as "Developer". WITNESSETH WHEREAS, City will issue a Grading Permit to Developer to construct certain designated improvements which constitute a portion of that real property at the location of :rM&7- U 3O5, L D9' 97 1 commonly referred to as 3054S 5iLf—PLECH-ASE Cl2fV9 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, 0 2. Developer's Security. Developer shall provide a cash deposit or a bond by a duly authorized corporate surety, subject to the approval as to form 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 $ y 6)10 00. 0 0 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 0 0 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 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. 8. Liabilit . 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 J-QLy 20060 at San Juan Capistrano, California. Developer By: (Signe (Title) Approved as to on By: Jo))Attorney Shaw Cit City of San Juan r Nasser Abbaszadeh Engineering and Building Director 0 EXHIBIT "B" SCHEDULE FOR COMPLETION OF IMPROVEMENTS Completion Date /o/.3 106 /^ G Task Rough Grade Certification Landscape Irrigation Landscape Planting 0 EXHIBIT "C" 0 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 9 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. Bond No.: 661118511 Premium: $ 1,200.00 0 0 PERFORMANCE BOND KNOW ALL MEN BYTHESE PRESENTS, that John & Eileen Matthews as Principal (hereinafter called "Contractor"), and Lincoln General Insurance 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 Forty Thousand&00/100 Dollars ($ 40,000.00 ) 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 July13,2006 entered into a (describe agreement): Grading, Erosion Control and on Site Improvements for 30542 Steeplechase Drive, SIM Juan Capistrano CA 92625 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 attorneys fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. c:Vnyf,leslfonnsWerfonnanceBond.vrpd -11- 05/ioloo 0 0 2. Said Surety, forvalue received, hereby stipuiates 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 July 200 6 , at 151 Kalmus Dr., Ste. A-201, Costa Mesa , California. AS TO FO R. Sh)kwJCity Attorney John & Eileen Matthews PRINCIPAL (NOTARIZATION AND SEAL) Lincoln General Insurance Company SURETY (�t (NOTARI TIO AND SEAL) Stephanie Pham, Attorney -in -Fact clmyfileslformsTerlonnanceBond.wpd -2- 05110/00 CALIFORNIA ACKNOWLEDGMENT State of California County of Orange On 19, ci Z)Z)C before me Tammy Soto, Notary Public WE NAME, TITLE OF OFFICER personally appeared Stephanie Pham NAME OF SIGNER RI personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person whose name(s) is/are subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity(ies), and that by his 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. Signature of Notary is TAMMY SOTO Commlulon # 1646040 z Notary PUNIC - California S £ QMy orange County Comm. Expkee Feb 18. 2010 Place Notary Seal Above LINOLN GENERAL INSURANCE CONY POWER OF ATTORNEY KNOW ALL MEN 13Y THESE PRESENTS; That Lincoln General insurance Company, organized and existing by virtue -of the Laws of the Commonwealth of Pennsylvania, does hereby nominate, constitute and mooint: Eric Lowey, Mark Richardson, Stephanie Pham, Esmeralda Ureno Its true and lawful Attorney{s)-in-Fact to sign, seal and execute for and on its behalf, as surety, bonds, undertakings, and other obligatory Sulu uu,euts of sitnilai nature, and to bind It thereby as fully and to the same extent as it such instruments were signed by a duty authorized officer of the corporation, and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. RESOLVED that this Power of Attorney is granted anis is gioed, scaled and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the Board of Directors of Lincoln General Insurance Company on the 4'b day of September, 2001 RESOLVED that the President, an Executive or Senior Vice President, or any Vice President of the Company, together with the Secretary nr any Assistant Secretary are homby authorized to execute Powmr of.Attomcy appointing the person(s) named as Attorney(s)-in-Fact to date, execute sign, seal and deliver on behalf ofthe Company, fidelity and surety bonds, undertakings, "and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER that the signatures of the officers making the appointment, and the signature of any officer certifying the validity and cutcm sinus or the appointment, may be facstmite representations ofthose signatures; and the signature and seat of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations of those signatures and scats, and such 'facsimile -representations --shall have the same force and effect as if manually et'frxed, The facsimile representations referred to herein tray be affixed by stamping, printing, typing or photocopying. IN WITNESS WHEREOF, Lincoln General Insurance Company has caused its corporate seal to be affixed and these presents to be signed by its duty authorized officers this 15`A day of October, 2004. _"00"w ' gyOMre 1977 SCCretpry On this 15" day of October, ?A(14, before me peisonultycame John T. Clark, to me known, whv,bcing duly swom, did depose and say: that he is the president of the Corporation described in and which executed the above instrument: that he know'sthe seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of Directors of said Ciompmy; and that lie executed the said instrument by like nrder mut authority and the same wag his free an and deed. The Commonwealth ofPennsylvania Y ork Cdunty . NOWlW!C0WUta& RE�Not t� PPn n i YM CfiY,YO�tR Y-�.W Canwrenion Exp 1, Gary J. Omdoiff, Secretary of Lincoln General .Insurance Company, acorporation of the Commonwealth of Pennsylvania do hereby Ccr rty that the, above and foregoing is a full, true and correct copy df PowerpfAttomey issued by said Company, and of the whole of the original aril that the said Power of Attorney is."still in full force and effeet and."has not been revoked, and furthermore that the Resolution df tho Board of Diteciers, set,fortth in the, said PowIttof Attorney is new in force. IN WITNESS WHEREOF, 1 have hereunto ser my hhnd and4itiieCd the guar dt`vaid Company, at York, pe,mylvaniu, this 19th —day of July 2006 1977 fol sem° PERFORMANCE BOND KNOW ALL MEN BYTHESE PRESENTS, that \.T h n C 4 El I iEl\1 L- �—M ck-E+ Ln't-wQ, , as Principal (hereinafter called "Contractor"), and 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 n "X�o uu S q*A �n 1!i Y s SUyia Ivo cw liars ($ !HO, oG 0 ) 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 07%/����%, d into a (describe agreement): 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. c:Vnyfiles\formslPerformanoeBond.wpd -1- 05/10/00 0 40 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 day of 200 6i, at �[ J alifornia. 744 f APPROVED AS TO FORM: By John R. Shaw, City Attorney c:trnyfiles\forms\PertonnanceBond.wpd PRINCIPAL fi/r • • , • -2- DANA A. LOUGHRIDGE COMM. #1430094 d Notary publk.C401ornla m W ORANGE COUNTY S My Comm. Exp. July 12,2o07 SURETY (NOTARIZATION AND SEAL) 05/10/00