02-1230_PUEBLO SERRA LLC_Surety Agreement (2)0 6
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 Pueblo Serra LLC, a
Limited Liability Corporation referred to as "Developer".
WITNESSETH
WHEREAS, City will issue Grading Permit No. 46157 to Developer for Temporary
Stockpile, Erosion Control and Dust Control of 30,000 Cubic Yards of imported soil and
constitute a portion of that real property at the location of "A portion of the south half of
Section 36, Township 7 South, Range 8 West, SBM". commonly referred to as the
Southeast corner of Camino Capistrano and Junipero Serra Road or 26311, 26331, 26351
Junipero Serra Road.
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 othercorrective 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 Imorovements Obligations. Developer shall, at its sole cost and
expense, provide and furnish all labor, materials and equipment for the installation of
improvements set forth in Exhibit "A". The grading permit and plans, which further defines
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the improvements in Exhibit "A", are on file in the office of the City's Building Official, and
all documents referenced in Exhibit "A" are incorporated herein by reference.
2. Developer's Security. Developer shall provide a Performance Bond with Gulf
Insurance Company Bond No. BE2624515 subject to the approval of the City Attorney,
to secure Developer's improvement obligations required under this agreement.
The amount of the bond shall be $25,000 for that work described in Exhibit "A".
This security of $25,000 shall also serve as security for restoration of the site. A copy of
the surety instrument, as approved by the City Attorney, is attached as Exhibit "D".
3. Completion of Improvements. To ensure the protection of the public safety,
health and welfare, Developer shall construct the improvements described in Exhibit "A"
in accordance with the schedule as set forth in Exhibit "B", and the conditions as set forth
in Exhibit "C".
4. Developer Default. In the event Developer does not complete the required
improvements, including erosion and silt control measures within the time required, using
Best Management Practices (BMP) in implementing a Water Quality Management Plan in
full compliance with Orange County National Pollutant Discharge Elimination System
(NPDES) Storm Water Implementation Agreement 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 its original condition if the Developer defaults. This restoration shall include but not be
limited to the following:
A. Dismantle and/or demolish improvements;
B. Grade property to its original contours as shown on the grading plan
referred to in Exhibit "A";
C. Remove all debris and construction materials from the site; and
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D. Install erosion and silt control devices, including hydroseeding, to
insure a uniform vegetative cover, or equivalent stabilization
measures which include the use of such Best Management Practices
as blankets, fiber matrices, catch basin filters, 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
2 - 4"0 , 20QZat San Juan Capistrano, California.
Devel
By: Pueblo era LLC
Timothy R. Busch, CEO
Approved as to Form:
�Udv
By: John Shaw
City Attorney
City of San Juan Capistrano
By: Daniel W. -McFarland
Building Official
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EXHIBIT "A"
Temporary Stockpile Plan
Pueblo Serra LLC, J Serra High School
Item 1: Construction of all on-site grading (cut, fill and slope stabilization) operations in
accordance with Grading Permit No. 46157 and the Developer's plans and
supporting documents as listed below:
(A) Grading Plan for Temporary Stockpile Plan, J Serra High School, dated
October 24, 2002, prepared by Hunsaker and Associates, William L.
Harris, RCE No. 31737.
Item 2: Construction of all on-site improvements in accordance with Grading Permit
No. 46157 and Developer's grading plans referenced in Item 1 above, including,
but not limited to: erosion and silt control, terrace drains, down drains, sub -
drains, area drainage systems, and private storm drain systems not a part of
Developer's Improvement Plans filed with the City Engineer.
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EXHIBIT "B"
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SCHEDULE FOR COMPLETION OF IMPROVEMENTS
Completion Date Task
N/A Rough Grade Certification
N/A Landscape Irrigation
N/A Landscape Planting
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EXHIBIT "C"
CONDITIONS FOR COMPLETION OF IMPROVEMENTS
A. The grading for this project shall be in strict conformance with the temporary
stockpile plans and related documents as described in Exhibit "A" and Grading
Permit No. 46157.
B. Grading operations shall commence within fourteen (14) calendar days after
issuance of Grading Permit No. 46157.
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.
C. A sequence plan of grading operations shall be approved by the City prior to the
issuance of any grading permit for this project. Any variation or deviation in the
sequence of operations must be recommended, in writing, by the supervising civil
and soils engineers and approved by the Building Official prior to performing any
work related to the variation or deviation.
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D. 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.
E. Grading operations suspended during the rainy season shall be resumed no later
than 15 days from date of suspension termination.
F. 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.
G. Contractor shall adhere to conditions of haul route permit and encroachment permit
issued by the City Engineer.
E
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAx
www.sanjuancapistrano.org
October 15, 2007
Mr. John F. Moody, Chairman of Development
Pueblo Serra Worship Holding
2532 Dupont Drive
Irvine, CA 92612
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
THOMAS W. HRIBAR
MARK NIELSEN
JOE SOTO
DR. LONDRES USO
Re: Release of Bond — Gulf Insurance Company - $25,000 for stockpiling plan, erosion & dust
control
Mr. Moody:
This letter is to inform you that the following bond is officially released. I am sending the
original bond directly to you, rather than Gulf Insurance, because Gulf Insurance of Hartford,
Connecticut, appears to be no longer in business. They are no longer listed or rated by A.M.
Best Company.
BOND NO. PURPOSE AMOUNT
BE2624515 Stockpiling, erosion & dust control $ 25,000.00
The City of San Juan Capistrano hereby fully and forever releases and discharges Gulf
Insurance Company from any and all liability under the abovementioned bond numbers. The
original — released — document is enclosed. If you have any questions, please do not hesitate
to call me at (949) 443-6308.
very truly ours,
�e`Won
han, MMC
Ci Clerk
nclosures 4s noted
cc:'--4Le4ter copy only) Nasser Abbaszadeh, Engineering & Building Director
San Juan Capistrano: Preserving the Past to Enhance the Future
�,� Printed on 100% recycled paper
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Bond No.: BE2624515
Bond Premium: $625.00
PERFORMANCE BOND �/ -/7L' Z'l
�S&9 X ✓
KNOW ALL MEN BYTHESE PRESENTS, that *Pueblo Serra, LLC -
Pueblo Serra, Inc. *******,***************** as Principal (hereinafter called
"Contractor"), and *Gulf Insurance Company***************************
as Surety (hereinafter called "Surety"), are heli and firmly bound unto the City of San Juan
Capistrano, as obligee (hereinafter called "City"), in the amount of***************
Twenty Five Thousand and no/100's**********i'Dollar8 25,000.00***)
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, bywii ten agreementdated October 23, 2002
entered Into a (describe agreement): For stockoiling plan, erosion control,
and dust control.
which contract is, by reference, made a part hereof.
NOW, THEREFORE, the condition of this obligation is such that, if Contractor shall
promptlyand faithfully perform said agreement, then this obligation shall be null and void;
otherwise it shall remain in full force and effect. Surety waives whatever legal right it may
have to require that a demand be made first against the Contractor in the event of default.
BE IT FURTHER RESOLVED, that:
As a part of the obligation secured hereby, and in addition to the face amount
specified, there shall be included costs and reasonable expenses and fees, including
reasonable attorneys fees, Incurred by City in successfully enforcing such obligation, all
to be taxed as costs and included in any judgment rendered.
O:Y"YfllgVo m %Prbnn�n Ps d.wpd -1-
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City Clerk �J�/Wst no!IF
City of Sa r st no, CA
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.
Executed this 16th day of December 2002 , at
Laguna Niguel , California.
APPROVED AS TO FORM:
By
John R. Saw, City Attorney
PRINCIP
(NOTARIZA ION AND SEAL)
SURETY
Gulf InsuranceC mpany
(NOTARIZATION SEAL)
John Kookootsedes, Attorney -in -race
a+mym.cw*w0rroMww&s0r4.Vw -2- oyraoo
W j •
GULF INSURANCE COMPANY
HARTFORD, CONNECTICUT
POWER OF ATTORNEY
ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK.
KNOW ALL MEN BY THESE PRESENTS: That the Gulf Insurance Company, a corporation duly organizea under the laws of the State of Connecticut, having
its principal office in the city of Irving, Texas, pursuant to the following resolution, adopted by the Finance & Executive Committee of the Board of Directors
of the said Company on the 10th day of August, 1993, to wit:
"RESOLVED, that the President, Executive Vice President or any Senior Vice President of the Company shall have authority to make, execute and deliver a
Power of Attorney constituting as Attorney -in -Fact, such persons, firms, or corporations as may be selected from time to time; and any such Attorney -in -Fact
may be removed and the authority granted him revoked by the President, or any Executive Vice President, or any Senior Vice President, or by the Board of
Directors or by the Finance and Executive Committee of the Board of Directors.
RESOLVED, that nothing in this Power of Attorney shall be construed as a grant of authority to the attorney(s)-in-fact to sign, execute, acknowledge, deliver
or otherwise issue a policy or policies of insurance on behalf of Gulf Insurance Company.
RESOLVED, that the signature of the President, Executive Vice President or any Senior Vice President, and the Seal of the Company may be affixed to any
such Power of Attorney or any certificate relating thereto by facsimile, and any such powers so executed and certified by facsimile signature and facsimile
seal shall be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which they are attached."
Gull Insurance Company does hereby make, constitute and appoint
Frances E. Beadles
Stephen Wood
James Brakke
John Kookootsedes
its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver
in its behalf, as surety, any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the same extent as if
any bonds, undertakings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company
and all the acts of said attorney(s)-in-fact, pursuant to the authority herein given, are hereby ratified and confirmed.
The obligation of the Company shall not exceed five million (5,000,000) dollars.
IN WITNESS WHEREOF, the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to
be hereto affixed.
y\a50CE BpkA GULF INSURANCE COMPANY
co 44PPOggJPril
SEAL dLi" P.
STATE OF NEWYORK SS cOwecl
COUNTY OF NEWYORK I Lawrence P. Mintier
Executive Vice President
On this list day of October, AD 2001, before me came Lawrence P. Miniter, known to me personally who being by me duly swom, did depose and say:
that he resides in the County of Bergen, State of New Jersey; that he is the Executive Vice President of the Gulf Insurance Company, the corporation described
in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instruments is such corporate seal;
that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order,
o`c�7eiRBt"
m Y
STATE OF NEW YORK i S-
COUNTY
P
COUNTY OF NEWYORK J �FNt�
ANGIE MAIIABIR-BEGAZO
Notary Public, State of New York
No. OIMA6019988
Qualified in Kings County
Commission Expires February 16, 2003
I, the undersigned, Senior Vice President of the Gulf Insurance Company, a Connecticut Corporation, DO HEREBY CER; IEf fbzt the foregoing and attached
POWER OF ATTORNEY remains in full force.
Dated
\�s'eSMCE CO
Signed Signed and Sealed at the City of New York. F 'kA
the 16th dayof December 2002
44pPOngTF YZ
SEAL
01'NELI
George Siancardi
Senior Vice Pre jemt
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
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On�EC !✓�%L- �(pr--00.1 betore me, ,)%SBO I%I)ZI ES7--/W'6rr4d)r ttbTA1Z
Dale -T Name east TNe of Officer (e, -Jane Doe, Notary Publusl
personally appeared
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Name(.) of Signers(
personally known to me
❑ proved to me on the basis of satisfactory
evidence
DEBORAH PRIEST -MC GINN
Commission # 1227257
"fe Notary Public - California 72
Orange County a
My Comm. Expel JUIZ7, 2003
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/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
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fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
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❑ Individual Top of thumb here
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
0 1999 National Nolan, Association • 9350 be Solo Ave., PO, Bax 2402 • Chatswuah, CA 91313-2402 • ann,nationaloolary.oq Poal No5907 Reorder: Call Will 1-6C4676 6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of c-) M'09L
On I_111-46 --I
Date
personally appeared
JAMES LOREN
CONK 0 137154
ttsanvttutrtt:. aartora
OFANIN COUtlIY
Catrin. ft. AUG.3006 24
* personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the personN) whose name(s) is/afe
subscribed to the within instrument and
acknowledged to me that he/sbekhey executed
the same in his/hef/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 persons)
acted, executed the instrument.
WITNESS my hand and official seal.
Place Notary Seal Above Signature of Notary Public
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and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document t R
Title or Type of Document: &'ft ,r 1 v 9At tc Q
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies)
Signer's Name:
❑ Individual
* Corporate O
❑ Partner —
❑ Attorney in
Ll Trustee
EJ Guardian or
❑ Other:
Claimed
by Signer
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01997 National Notary Association • 9350 De Solo Ave., P.O. Box 2402 • Chaurvorlh, CA 91313-2402 Prod. No. 5907 Reorder Call Toll -Free 1-800-876.6827
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MEMORANDUM
TO: Meg Monahan, City Clerk
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FROM: Nasser Abbaszadeh, Building and Engineering Director,/Y.�'
SUBJECT: Grading Bond Releases, JSHS South Campus
October 12, 2007
This memorandum is authorization to release the grading bonds posted for 26500 Junipero
Serra Road. The stockpiling and grading for the project has been completed and the bonds
can now be released.
The performance bond # BE2624515 posted from Gulf Insurance Company in the amount
of $25,000.00 and performance bond #212 65 40 posted from Insurance Company of the
West in the amount of $129,490.00 were posted as security. Please find attached a copy of
the Surety Agreements and performance bonds for your use. If you have any questions,
please contact me.
Attachments
Contact information:
John Moody
Pueblo Serra, LLC
949-474-7368 x102