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.
FTA 836A 7/86 *1M
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