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1988-0705_SELIGMAN WESTERN ENTERPISES_Surety Agreementi 0 THIS AGREEMENT is made by and between the CITY OF SAN JUAN CAPISTRANO, a municipal corporation, hereinafter referred to as the "City" and Seligman Western Enterprises, Ltd., a Limited Partnership, referred to as "Developer". WITNESSETH WHEREAS, City will issue Grading Permit No. 724-G and Building Permit Nos. 5762- B thru 5769-B, inclusive, to Developer to construct certain designated improvements, more particularly described in Exhibit "A" attached and incorporated herein by reference, which ,said improvements constitute a portion of that real property at the location of 27122-27136 Paseo Espada, commonly referred to as Capistrano Business Center (Seligman). WHEREAS, San Juan Capistrano Municipal Code 8-3.05 requires the posting of financial security to secure the faithful performance and labor and materials for the grading and installation of improvements connected with the issuance of grading permits. WHEREAS, San Juan Capistrano Municipal Code 8-3.06 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. NOW, THEREFORE, in consideration of the premises and promises hereinafter contained, City and Developer agree as follows: 1. Developer's Improvements Obligations. Developer shall, at its sole cost and expense, provide and furnish all labor, materials and equipment for the installation of improvements set forth in Exhibit "A". The grading permit and plans, building permits and plans, the landscape and irrigation plans, which further defines the improvements in Exhibit "A", are on file in the office of the City's Building Official, and all documents referenced in Exhibit "A" are incorporated herein by reference. 2. Developer's Security. Developer shall provide a bond by a duly authorized corporate surety, subject to the approval of the City Attorney, to secure Developer's improvement obligations required under this agreement. The amount of the security shall be $563,898.00 for that work described in Exhibit "A". This security of $563,898.00 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". 0 . 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 -control measures, landscaping and irrigation, within the time required, or abandons the project site, or suspends work for more than twenty working days other than previously prescribed, City shall have the right to immediately declare a default and to make demand on the surety for performance. 5. Restoration of Site. San Juan Capistrano Municipal Code Section 8-3.06 allows the City to require bonding a security to ensure against adverse aesthetic impacts arising from incompleted grading and/or improvements. The purpose of this bonding shall be to restore the property to its original condition if the Developer defaults. This restoration shall include: 1. Dismantle and/or demolish improvements; 2. Grade property to its original contours as shown on the grading plan referred to in Exhibit "A'; 3. Remove all debris and construction materials from the site; and 4. Install erosion control, including hydroseeding, to the satisfaction of the Building Official. 6. Attorney's Fees. Developer agrees to pay City such sum as the court may adjudge as reasonable for the legal services of an attorney representing City in an action brought to enforce or interpret the obligations of this agreement, and such sum shall be made a part of any judgment in such action against Developer if such action is determined in favor of said City. 7. Developer's Work in Safe Condition. Developer shall perform all work in a safe, workmanlike manner and shall take such precautions as may be necessary to warn and protect the public from any dangerous condition caused by the construction of said improvements. 8. Liability. Developer shall hold City, its officers and employees harmless from any and all claims, demands, causes of action, liability or loss of any sort because of, or arising out of, the acts or omissions of Developer, his contractor, subcontractors, agents or employees in the performance of this agreement. of 0 a In Witness Whereof, the parties have executed this agreement as 1999, at San Juan Capistrano, California. Seligman Western Enterprises, Ltd. City of San Juan Capistrano Title: / �'a��y� Building Official 7Gi�9 rn L �� jJI'� Q� ��l�S�/✓l�b �ii�`l` Approved as to Form: Joh Shaw Cit Attorney 0 EXHIBIT "A" Capistrano Business Center 4D Item 1: Construction of all on-site grading (cut, fill, and slope stabilization) operations in accordance with Grading Permit 724-G and the Developer's plans and supporting documents as listed below: (A) Grading Plan for Capistrano Business Center prepared by Contract Engineering Corporation; Thomas W. Chadwell, R.C.E., dated February 11, 1988. (B) Geotechnical Report dated July 20, 1987, prepared by HV Lawmaster do Co., Inc.; Don P. Harrington, R.C.E. #18181. Item 2: Construction of all on-site improvements in accordance with Grading Permit No. 724-G and Developer's grading plans referenced in Item 1 above, including, but not limited to: driveways, parking areas, retaining walls, terrace drains, down drains, subdrains, area drainage systems, and private storm drain systems not a part of Developer's Improvement Plans filed with City Engineer. Item 3: Construction of foundations and buildings in accordance with Building Permit Nos. 5762-B thru 5769-8, inclusive, and the building plans for Capistrano Business Center by Architects Orange; Steven B. Himes, A.I.A. #15779. Item 4: Construction and placement of landscaping and irrigation in accordance with approved plans for Capistrano Business Center prepared by Katzmaier Newell Kehr; Eric Katzmaier, Landscape Architect, #1372. • 49 EXHIBIT B SCHEDULE FOR COMPLETION OF IMPROVEMENTS Completion Date September 15, 1988 October 15, 1988 January 15, 1989 June 15, 1989 June 15, 1989 July 1, 1989 July 1, 1989 Task Rough Grade Certification Foundation Finals Structural Framing Final Inspections (Structural, Electrical, Plumbing, Mechanical) Landscape Irrigation Landscape Planting Paving of Parking Lot, Interior Drives 0 EXHIBIT "C" 40 CONDITIONS FOR COMPLETION OF IMPROVEMENTS A. The grading for this project shall be in strict conformance with the grading plans and related documents as described in Exhibit "A" and Grading Permit No. 724-G. B. Grading operations shall commence within fourteen (14) calendar days after issuance of Grading Permit No. 724-G and no later than July 15, 1988, whichever comes first. C. Suspension in excess of twenty (20) working days of work authorized by Grading Permit 724-G and Building Permits 5762-B - 5769-B, including erosion -control measures and landscaping and irrigation, shall constitute default of this agreement. D. The supervising civil engineer and soils engineer shall file progress reports of all grading operations with the Building Official. E. Contractor shall control dust to satisfaction of Building Official or his deputy. During grading, Contractor shall keep water truck on site and dampen work area, grounds, and loaded trucks. F. Developer shall provide approved Native American monitor during all phases of grading and foundation excavation. G. All work shall be performed in strict observance of the Hours of Operation in accordance with San Juan Capistrano Municipal Code Sec. 8-107. P. Contractor shall adhere to conditions of haul route permit and encroachment permit issued by the City Engineer. Developer shall provide all traffic control measures as required for safe vehicular movement and shall secure an encroachment (haul -route) permit from Public Works prior to issuance of the grading permit. GMS/68811 4r PERFORMANCE BOND Pre 709 $ 1 00 Premium $ 11,278.00 2 Yrs KNOW ALL MEN BY THESE PRESENTS: That Capistrano Enterprises , as principal, hereinafter called CONTRACTOR, and Anerinan Motorists sts 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 Five Hundred & Sixty. Three Thousand Eight Hundred & Ninety Eight Dollars 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 1988 , entered into a (describe agreement) Grading, Landscaping, In Site Improvements & Property Restoration which contract is by reference made a part hereof ,- NOW, THEREFORE, the condition of this obligation is such that, if Principal 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 principal 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 EXHIBIT A be taxed as costs and included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees thht no change, extension of time, alteration,'or modifi- cation 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, alterations, or modifications of the contract documents or of work to be performed thereunder. Executed this 5th day of July 19 88 at s Angeles , California. PRINCIPAL Capistrano Enterprises `NOTARIZATION AND SEAL) APPROVED AS T F RM. / ^. {�W'c7g'" 36NEMaw City Attorney Motorists Insurance Company `tiil J. Shupper ZATIUN AND SEAL) Prepared by: Office of City Attorney San Juan Capistrano 7/29/85 STATE OF CALIFORNIA, ) COSY OF Los Angeles ) SS, F�1 GROUP On this day of JUL -5 1988 19_, before me Angela A. Rego Personally appeared Uii1;Am d_ et Pn pr Personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the Attorney -in -Fact of AMUCAN MOTCRISM IlYSURANCE COMPANY, and acknowledged to me that he (she) subscribed the name of said company thereto as Surety, and his (her) own name as Attorney -in -Fact Al...Arm.....�......�nu.v..............�� ��,•�••� OFFICISEAL NOTARY PUBLIC CERTIFICATION I, Sven L. Johanson, Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power of Attorney dated August 8, 1986 on behalf of Wi l l i nm J ¢hunnor of` is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said G. H. Kasbohm and R. H. Johnson who executed the Power of Attorney as Vice President and Secretary respectively were on the date of the execution of the attached Power of Attorney the duly elected Vice President and Secretary of the American Motorists Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the American Motorists Insur- ance Company on this day of 19 JUL -5 ` '�l Sven L. Johanwn, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the Company except in the manner and to the extent herein stated. 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