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22-0330_LS-SAN JUAN LLC SEALAND HOMES_Grading Surety AgreementE) ORIGINAL. 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 LS -SAN JUAN LLC LANDSEA HOMES, hereinafter referred to as "Developer." WITNESSETH WHEREAS, City will issue Precise Grading Permit No B21-1198 to Developer to construct certain designated improvements upon a portion of that real property located on Tentative Tract Number 18148 in San Juan Capistrano, CA, San Juan Capistrano, CA, such work being commonly referred to as Tirador ("Project"). WHEREAS, San Juan Capistrano Municipal Code Section 8-2.08 requires the posting of financial security to secure the faithful performance for the grading and installation of related 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 Project depicted on the plans entitled "MODEL HOME PRECISE GRADING PLAN" as approved by the City Engineer, on March 22, 2022. The grading permit and plans, which describe all the work to be constructed pursuant to this Agreement, are on file in the office of the City's Building Official. Grading Surety Agreement, Permit #B21-1198 Page 1 of 10 61147.02100\24835741.2 2. Developer's Security. Developer shall provide a cash deposit, irrevocable letter of credit, certificate of deposit or a bond by a duly authorized corporate surety subject to the approval of the City Attorney, or as approved by the City Engineer, to secure Developer's improvement obligations required under this Agreement ("Security"). The amount of the Security shall be $110,331 for all onsite grading improvements as approved by the City Engineer. This Security shall also serve as security for restoration of the Project site. A copy of the performance bond form, as approved by the City Attorney, is attached hereto as Exhibit "C" and incorporated herein by this reference. Copies of approved irrevocable letter of credit forms and certificate of deposit form are available upon request. 3. Completion of Improvements. To ensure the protection of the public safety, health and welfare, Developer shall construct the Project in accordance with the schedule as set forth in Exhibit "A", and the conditions as set forth in Exhibit "B". Exhibits "A" and "B" are attached hereto and incorporated herein by this reference. 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 (20) working days without written approval of the City, City shall have the right to immediately declare a default and to make demand on Developer's surety for performance of all obligations under this Agreement. 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 incomplete grading, drainage and/or improvements which includes illicit non - storm drain water discharge. The purpose of this security shall be to restore the property to a safe and acceptable condition in the event 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 Grading Surety Agreement, Permit #B21-1198 Page 2 of 10 61147.02100124835741.2 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. E. Protection and repair of existing public street, water, sewer and storm drain system(s). 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 any judgment in such action against Developer if such action is determined in favor of the 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 Project. 8. Liability. City, its officials, officers, employees, agents, and volunteers shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of Developer, its agents or employees in the performance of this Agreement. Developer further agrees to protect, indemnify, and hold harmless City, its officials, officers, employees, agents, and volunteers from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, the alleged acts or omissions of Developer, its agents or employees in the performance of this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design or construction of the Project. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said Project, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction of drainage systems, streets and other improvements. SIGNATURES ON FOLLOWING PAGE Grading Surety Agreement, Permit #1321-1198 Page 3 of 10 61147.0210024835741.2 SIGNATURE PAGE TO GRADING SURETY AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND LANDSEA HOMES IN WITNESS WHEREOF, the parties have executed this Agreement as of March;0 2022 CITY OF SAN JUAN CAPISTRANO By: -142� ChiTian, intedin Building Official Dated: 3/30/22 Approved as to Form: City Attorney LS -SAN JUAN LLC By. I Printed Name: Shannon Whittaker Title: Assistant Vice President Printed Name Title Grading Surety Agreement, Permit #1321-1198 Page 4 of 10 61147.02100124835741 .2 EXHIBIT"A" SCHEDULE FOR COMPLETION OF IMPROVEMENTS Task Completion Date TASKS ANTICIPATED COMPLETION DATE Complete Rough Grading: 4/5/22 Onsite Storm Drain: Complete Start & Finish Soils Stabilization work: Complete Curb & Gutter: 4/25/22 Walks, Railings & Fences: 4/28/22 A/C Paving 5/5/22 Grading Surety Agreement, Permit #B21-1198 Page 5 of 10 61147.021 00124835741.2 I EXHIBIT "B" CONDITIONS FOR COMPLETION OF IMPROVEMENTS 1. The grading for this project shall be in strict conformance with the grading plans as well as the San Juan Capistrano Municipal Code. 2. Grading operations shall commence within sixty (60) calendar days after issuance of 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. Suspension in excess of twenty (20) working days of work authorized by 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 unless Developer has received approval from the City authorizing a suspension in excess of twenty (20) days. 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 Grading Surety Agreement, Permit #B21-1198 Page 6 of 10 61147.02100124835741.2 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 unless the Developer has received approval from the City authorizing a suspension in excess of fifteen (15) days. 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 controls 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. 11. Exoneration of Security: Developer's security shall be reduced to 90% upon signoff of precise grading permit. The remaining 10% of the security given by Developer shall not be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. Nothing herein shall limit the City's rights or the Developer or surety's obligations under this Agreement. 12. Warranty Period: 1 year from permit signoff by City. Grading Surety Agreement, Permit #B21-1198 Page 7 of 10 61147.02100124835741.2 ®PHILADELPHIA INSURANCE COMPANIES AK=be Q(lh9T"itt0ine faonp Subdivision Bond Faithful Performance SUBDIVISION BOND Bond No. PBO3010408527 Premium: $552.00 l Annually KNOW ALL MEN BY THESE PRESENTS: That LS -San Juan LLC. as Principal, and Philadelphia Indemnity Insurance Company, a corporation organized and existing under the laws of the State of Permsyfvania and authorized to transact surety business in the Stan of California as Surety are held and fimdy bound unto City of San Juan Capistrano in the scan of One Hundred Ten Thousand Three Hundred Thirty One and no1100 Dollars ($110,331.00), for the payment whereof, well and truly to be made, said Principal and Suety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS the above Named Principal has entered into an agreement, dated ,with the City of San Juan Capistrano to do and perform the following work, to wit Grading Tract No. 18148 Permit Number B-21-1198 NOW, THEREFORE, if the above -bounden Principal shalt well and truly perform the work referred to in such agreemenk then this ohkga5m shall be void; otherwise to remain in kill face and effect. IN WITNESS WHEREOF, the seal and signature of said P hincipal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney in Fact at Irvine, California this Nth day of March, 2022. LS San Juan LLC. (Principal) (Seal) By_ 3 2$�ZoZt JWUna L70., Ah,1T61WJt� H Philadelphia Indemnity Insurance Company (Surety) By: 1101hrthAgemd'es—, Homey- n -Fa Philadelphia Ccmolidawd HotdingCnry Philadelphia Inaw-ans compainY • Meguur iwnraone Agency- Inc. ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On ffACh '28120 a X before me, Shannon Whittaker, Notary Public (insert name and title of the officer) personally appeared I If LV LAY 1 V V who proved to me on the basis of satisfactory evidence 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m hand d official l. SHANNONwNIrrAKER my anoseaNotary Public • California Orange County Commission If 2352946 ' o My Comm. Expires Mar 25, 2025 Signature (Seal) ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange Ongbefore me, Gina L. Garner, Notary Public ,man nem o personally appeared Martha Barreras who proved to me on the basis of satisfactory evidence to be the person(w whose names) is/on subscribed to the within instrument and acknowledged to me that lee/she/#y executed the same in kis/her/their authorized capacity0eak and that by kWher/lbaliK signature(s) on the instrument the personas), or the entity upon behalf of which the personM acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. GINA L. GARNER Notary Public • California WITNESS my hand and official seal. orange County $ Commission p 2361777 �� ��\L��� �:,.o •` My Comm. Expires lure 18, 2025 Notary Public Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Tide or description of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer de ❑ Partner(s) to Atlomey-in-Fact p Trustee(s) ❑ Other 2015 Version mwr.NotaryClasses.com 800-873-9865 INSTRUCTIONS FOR COMPLETING THIS FORM 77us form carnphes with current Califarnra statutes regarding ratan• wordmg and. ifnreeded, should be completed and attached to the document. Acknola edgents from other states ntey be campletedfar doruatents being sent to that start sot long as the wording does not re pa,r the Cohfomta notary to rmlate California notary law • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signers) perscnally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his car her commissive followed by a comms and then your title (notary public). • Print the camels) of document signers) who personally appear at the time of notarization. • Indicate the correct singular or plural frons by crossing off incorrect forms (i.e. hWshe�•hs.,- is true I or circling the correct forms. Failure to correctly indicate this information may lead to rejective of document recording. • The notary seal impression must be clear and photographically repmoducible. Impression must col cover text or lines. If seal impression smudges, to -seal if a sufficient arm permits, othnwisc complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. 6 Additional information is not required but could help to ensure this acknowledgment is rpt misused or attached to a different document. 6 Indicate title or type of attached document, number of pages and date. O Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer. indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document wish a staple. PHI LADELPHIA INDEMNITY INSURANCE COMPANY' One Bala Plaza: Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney This Powerof Amomey isgranted and is signed and sealed by facsmile'under end by the aahodryof,the following Resolutionadopred by. fie: Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 146of November, 2016. RESOLVED: That the Board of Directors hereby authorizes the President or my Vice Presi dent of the Companyo.(I ) Appoint Attorneys} in Fauand authorize the Airomey(s) inFact to ezewte an behalf of the Company bonds and undenakings, contracts of indemnity and other wridngsobfigarory in the nature thereofand to amch theseal ofthe Company.therao; and (2)totemommaigtime,eny'such Aaomey4i Factandrevokethemi6odrygfven..And, be it FURTHER RESOLVED: Thu the. signatures of such officers,and the seal of the Company, may be affixed many mch Power of Attomey: or certificaterchning thereto by fit s nn le,'aiid any such Power of Attorneysoexecuted and cerrifiedby facsimile signaturesaid facsimile seal shall be valid and Finding upon the Company in the futurewith respect to_anybond or undertaking to vibich it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA fNDEMNllY'lNSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED -AND'ITS CORPORATE SEALTO BE AFFIXED EYITSAUTHORIZED OFFICE THIS 5TH DAY Of MARCH, 2021. Ia ''19274" mz err 47ortb, PtesidcM&CEO Phi ladelphialndemniry Insurance Compaq On this 5' day of March, 2021 before me came the individual who executed the precedinginswment,to me, personally known, and being by me duy swam said that he is thethereindescribed'. and wrhorized officarofthe PHILA DELPHIA'INDEMNITY INSURANCE COMPANY; that the =at affixed to said instrument is the Corporate Mal ofsaid Company, Char the said Corporate Seal and his signature wereduly affixed CemC:a:xWN DlPenroyironq-NpjrySaat .VIMssDfdcka¢k. NotegPuLOD IdomOomNYCac'n0' MYt�tnirb4lattxDtresMOMemDat3;202a WmrMwbnrtumba736659e _ tawraee oaeTtydo+exsredrtoaM xornvr Notary Public: `! yC�Yro-.aa � YY1C��o_ a.c� resdingar Bala Cynwyd PA My wmmi-mion expires Novemba•3,2024 1, Edward Sayago. Corporate Secreroy of PHILADELPHIA INDEMNITY INSURANCE COMPANY. do hereby citify char the ffitegoing resolution ofthe .Board of Direcrorsand the. Powerof Atromeyissued purmant therao on the 5" day;March, 2021 are rrue and correct and atestill in full force and effect. I do further certify that John Glomb. who executed the Power of-Amme.y as Preside nI% was on the data of execution of.ihe attached Power of Artomeyahe duly eleited.Presidenrof PHILADELPHIA INDEMNITY INSURANCE COMPANY. In Tesrimony Whereof Ihave mi%scnbed my nameand affixed the hcsmfie Mal of each Company this 241h- dayof M21"h �21M .. ;9.- 1927 i Mt E ayag tpoiate S'ecr .dvrard5 kdo etay ja ^4'+»ri•'r;'oa{ PHILADEL'PSIA INDEMNITY INSURANCE COMPANY INITIAL PREMIUM: SUBJECT TO RENEWAL GRADING SURETY AGREEMENT PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: WHEREAS the City of San Juan Capistrano ("City") and ("Principal"), have executed an agreement for work consisting of, but not limited to, the furnishing of all labor, materials, tools, equipment, services, and incidentals for all grading and installation of related improvements for Tract Map Nos. ("the Work"); WHEREAS, the Work to be performed by Principal is more particularly set forth in that certain Grading Surety Agreement dated 20 ("Agreement"), which Agreement is incorporated herein by this reference; and WHEREAS, Principal is required by the Agreement to provide a good and sufficient bond for performance of the Agreement, and to guarantee and warranty the Work performed thereunder. NOW, THEREFORE, Principal and as surety ("Surety"), a corporation organized and existing under the laws of the State of I and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City in the sum of dollars ($ .__), for which amount well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such, that if Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, agreements, guarantees, warranties and provisions in the Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning, and shall indemnify and save harmless City, its officers, employees, and agents, as therein stipulated in the Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby, and in addition to the face amount specified therefor, 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. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Agreement, or to any plans, profiles, and specifications related thereto, or to the Work to be performed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Agreement, or to the Work or to the specifications. Grading Surety Agreement, Permit #B21-1198 Page 8 of 10 61147.02100124835741.2 IN WITNESS WHEREOF, the seal, if any, and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at this day of 20 Principal By: President (print name) Surety By: Attorney -in -Fact (print name) NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION BY PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF ATTORNEY TO LOCAL REPRESENTATIVES OF THE SURETY MUST BE ATTACHED TO THIS BOND. Grading Surety Agreement, Permit #B21-1198 Page 9 of 10 61147.02100124835741.2 Notary Acknowledgment A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On 20_, before me, , Notary Public, personally appeared who proved to me on the basis of satisfactory evidence 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Signature of Notary Public WITNESS my hand and official seal. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ Individual ❑ Corporate Officer Title or Type of Document ❑ Partner(s) ❑ Limited ❑ General Num ❑ Attorney -In -Fact ❑ Trustee(s) ❑ Guardian/Conservator Date ❑ Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Otho Grading Surety Agreement, Permit #1321-1198 Page 10 of 10 61147.02100\24835741.2