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
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Phone: 719457-0000
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FaX: 717-751-0165
Web: wes, mcoi_n eneral,com_
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Rating: A -•(Excellent) Long -Tenn. a. -
Financial Size Category: VIII ($100 Million to $250 Million) Implication: Negative
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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,
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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