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21-0727_SOUTH COAST INVESTORS II, LLC_Bond Release (Water)32400 PASEO ADEIANTO SAN JUAN CAPISTRANO. CA 92675 (949) 4931171 (949) 4931053 FAX mit-vv. sanlucn7caprsirano. org July 27, 2021 Federal Insurance Company 555 South Flower Street, 31d Floor Los Angeles, CA 90071 MEMBERS OF THE CITY COUNCIL TROY BOURNE SERGIO FARIAS HOWARD HART DEREK REEVE JOHN TAYLOR Re: Release of Bond — RD Olson Construction, Inc. c/o South Coast Investors ll, LLC — On - Site and Off -Site Improvements for Development of Plaza Banderas Hotel Mixed Use Development (Inn at the Mission) Dear Sir or Madam: This letter is to inform you that the following bonds issued to RD Olson Construction, Inc. c/o South Coast Investors II, LLC — On -Site and Off -Site Improvements for Development of Plaza Banderas Hotel Mixed Use Development (Inn at the Mission), are officially released as of July 27, 2021. BOND NO. PURPOSE ORIGINAL AMOUNT 8239-47-14 Water Improvement Agreement Performance and $ 377,773.00 Payment (Labor and Materials) Bond The City of San Juan Capistrano hereby fully and forever releases and discharges Federal Insurance Company from any and all liability under the abovementioned bond number. The released documents recorded notice of completion and Resolution 21-06-15-01 are enclosed. If you have any questions, please do not hesitate to call me at (949) 443-6310. Sincerely, O�4 � Christy Jakl, CMC Assistant City Clerk Enclosures as noted cc: Eric Bauman, Assistant Utilities Director; Noreen Swiontek, Senior Management Analyst San Juan Capistrano: Preserving the Past to Enhance the Future Pr,Ml .n 100% .,dM Ga,, RELEASED Pond No. .14 $4,53 Premium: $4,533..00 Dater Signature: City Clerk WATER IMPROVEMENT AGREEMENT City of San lu Capistra CA PERFORMANCE AND PAYMENT (LABOR AND MATERIALS) BOND KNOW ALL PERSONS BY THESE PRESENTS THAT WHEREAS, the City of San Juan Capistrano, California ("City") and RD Olson Construction, Inc. c/o South Coast Investors II, LLC ("Principal"), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all public water improvements and all other required water -related facilities for the Plaza Banderas Hotel project ("Public Improvements"); WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth In the Development Agreement and approved water & sewer improvement construction plan (UD16-0008); ("Improvement Agreement); WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and WHEREAS, Principal is required by the Improvement Agreement to provide a good and sufficient bond for performance of the Improvement Agreement, and to guarantee and warranty the Public Improvements constructed thereunder WHEREAS, Principal is required by the Improvement Agreement before entering upon the performance of the work to provide a good and sufficient payment bond to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the California Civil Code. NOW, THEREFORE, Principal and Federal Insurance Company ("Surety"), a corporation organized and existing under the laws of the State of Indiana and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Improvement Agreement and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the California Civil Code in the sum of THREE HUNDRED SEVENTY SEVEN THOUSAND SEVEN HUNDRED SEVENTY THREE DOLLARS ($377,773.00), said sum being not less than one hundred percent (100%) of the total cost of the Public Improvements as set forth in the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth. 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, and warranties in the Improvement Agreement and any alteration thereof made as therein provided, 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 to indemnify and save harmless City, its officers, employees, and agents, as stipulated in the Improvement Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. 6114' 02100-'46321'.<.I 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. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns In any suit brought upon this bond. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed 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. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. This bond is executed and filed to comply with Section 66499, et seq., of the California Government Code as security for performance of the Improvement Agreement and security for the one-year guarantee and warranty of the Public Improvements. After substantial completion of the water improvements, City will . withhold 25% of the bond as warranty ofthe improvement or receive a Warranty Bond for25% of the construction cost for one full year after acceptance of the water facilities by the City. Prior to the release of 75% of the water improvement bond or acceptance of a replacement warranty bond, the Plaza Banderas Hotel developer or owner must submit a request in writing for release of the bond along with proofs of all payments to the contractors and vendors working under the water improvement bond to the Utilities Engineering for review and approval. Once there is no evidence of any lien from vendors and contractors, City has 45 days to release the bond and/or accept a replacement warranty bond. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 1st day of May , 2018 . (Corporate Seal) (Corporate Seal) 61147.02100124632175.1 R.D. Olson C t ctio nc. clo South Coast Investors II, LLC Principa By Title ft Federal Insurance Company Surety 1 By_O LfXV(6j1�4(nr1t•,) Attorney -in -Fact Linda D. Coats (Attach Attorney -in -Fad Certificate) Title Adomey-in-Fact The rate of premium on this bond is $12.00 per thousand. The, total amount of premium charges is $ 4,533.00 (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) (Name and Address of Agent or Representative for service of process in California, if different from above) Federal Insurance Company 555 South Flower Street, 3rd Floor Los Angeles, CA 90071 See Above (Telephone number of Surety (213) 612-0880 and Agent or Representative for service of process in California) 6114 7.0210024 6321 75.1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 She.:�.��rs*yrs:rccc:�:-.•••,<^....r�hrr�.rrc:�:crsce�ea.:�attx:cern.�cscs•�,:cxcsc�xrancrLr�ccrcct 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 C Q''i1 P, before me, Date personally appeared Linda D. Coats Summer L. Reyes. Notary Public Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Were subscribed to the within instrument and acknowledged to me that he/sheAhey 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. SUMMER L. REYES Notary Public - California Orange County i Commission N 2158864 —' My Comm. Expires Jul 29.2020 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature A" Signa of Notary Public Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Fl Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator rl Other - Signer Is Representing: :�,�.s�:canccce�c�4z- acczrsz�ccgtre�,:cc^cc^ccrc,�z«:crccc 02014 National Notary Association • www.Nationa[Notary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 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 CALI ORNIA COUNTY OF n G C I On 51" 201 before me, t T � V ✓{_JC , Notary Public, personally 11 appeared iV U C\ (A V Y,KC 01 1 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 helshelthey 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. JUDY HARRIS WITNESS my hand and official seal. Commission # 2132417 Notary PuCllC-Calitornla n r Orange County I Nov 17. 20191 OPTIONAL Though the information below is not required by law, if may prove valuable to persons retyin the document and could prevent fraudulent removal and reattachment of this form to enofh ocumenl. APACITY CLAIMED BY SIGNER DESCRIPTIO F ATTACHED DOCUMENT ❑ Individual Li Corporate Officer ❑ Partner(s) ❑ Limited n General ❑ Attorney -In -Fact o Trustee(s) LI Guardiarl/Conservator ❑ Other: Signer is representifjg! Name Of Persm(SYO Entity(ie NOTE: This acknowledgment is to be completed for Principal. 61147.02100124632175.1 Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual whosigned 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 helshe/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 few, 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 U Corporate Officer or ❑ Partner(s) ❑ Limited ❑ General ❑ Attorney -In -Fact ❑ Trustee(s) U Guardian/Conservator ❑ Other: Signer is representing: Name Of Person(s) Or Enlily(ies) NOTE: This acknowledgment is to be completed for Principal. 6114'..02100124632175.1 Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 16 Mountain View Road Surety ATTORNEY pacific Indemnity Company Warren, NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin Corporation, do each hereby constitute and appoint Linda D. Coats, Matthew J. Coats and Summer Reyes of Laguna Hills, California --- — each as their true and lawful Attorney- in- Fact to execute under such designation in their names and to affil their Corporate seals to and deliver for and on their behalf as surely thereon a otherwise, bonds and undertakings and other writings obligatecy In the nature thereof (Miner than bag bonds) given W executed In the muse of business, and any Instruments am ndirg or altering the Same, antl consents to the modification or alteragm M any Instrumentrekned to in said bonds fir obligation. In Wltnosa Whoreof, said FEDERAL- INSURANCE COMft1NY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have earn executed and Mass presents and affixed thein corporate Seale on Ws l dayor June, 2015. Uanin- doom Id G locos, Assistant Secretary O B. Norris, Ju, Yroe Pr 'ant Curr• �e bur+ STATE OF NEW JERSEY u. County of Somerset On this 1e1 day or June, 2015 before me, a Notary PUblIC of New Jersey, personay Came Dawn M. Chloms, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Powerof Attorney, and the said Dawn M. Chlorm, being by me duty sworn, did depose and say that she la Asslalant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof. that She seats affixed to the foregoing Paws of Attorney are soon corporate seals and were thereto affixed by authority of the By- Laws of said Companies; and that she signed said Power of Attorney ea Assistant Secretary of said Companies by Him authority and that she is acquainted vdth David B. Nome, Jr., and knows him to be Vice President M said Companies; and that this signahre M David B. Norris, Jr., Subvilbed to said Parer of Attorney is in the gmune handwriting of David B. Norris, Jr., end was thereto subscribed by authodtyol Bald By- Laws and in deponenra Presence. NoWrIal Seal pOTMy KATHERINE J. AOEIJAAR roes NOTARY PUBLIC OF NEW JERSEY Ulfll No.2310085 T' Commission Expires July 16, 2019 Notary Pubec CERTIFICATION Extract ham the By -Laws of FEDERAL INSURANCE COMPANY. VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: ' 'AAI powers of attorney for and on behalf of the Company may and shag be executed in the name and an behalf of the Company, etthor by the Chairman or the President or a Vim Pmaident or an Awlstant Vice Preski jointly with the Secretary or an Assistant Secretary, under their rweecava desig allon. The signahae M such ofnom may be engraved. Pointed orllthogmphed. The signature of each M the following omcers: Chairman. President, any Vim President, any Assistant Viz Presidenk any Secretary, any Assistant Secretary and the seal of the Company may be affixed by famlmile to any paver, of attorney or to any certgmle reWtlng thereto appointing Assistant Sec"flas orAtlomeys- W Fact for pu aoees only M executing and aftw ng bonds and undertakings and other writings obligatory in the nature thereof, and any such power M attorney or certificate beaded such facsimile elgnaNro or facatmge seal shall be valid and binding upon the Company and any such Power m executed and cardfied by Such facsimile Signature and facsimile Seel shall be valid and tending upon the Company with respect so any bond or undertaking to which it La attached.' 1, Dawn M. Chums, Awlstant Secretary or FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the'Companies� do hereby mthly that (i) the foregoing extract of the By- Laws of the CompaMas Is I ue and correct, (G) the Companies ere duly licensed and allMOWd to tensed Surety business it all 50 M the United Stases of America and She District of Columbia and am authatred by the U.S. Treasury Department further, Federal and Vigilant aro licensed in the U.S. Virgin Wanda, and Federal 13limnse i in, Guam. Puerto Rim, and each of ore Provinces of Canada except Prince Edward Island; and (ii) the foregoing Power of Attorney Is true, correct and In full bred and effect Given under my nand ata mals of mid Compenles at Warren, NJ this May 1, 2018 (0 95. =�Yl c� Dawn M. CNAoloS, SWsunl Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AIIIHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS FOmh161D-=3B-U GENCONSENT(rw.12-14) RECORDED AT REQUEST OF AND RETURN TO: City of San Juan Capistrano City Clerk's Office 32400 Paseo Adelanto San Juan Capistrano, CA 92657 RECORDING FEES EXEMPT DUE TO GOVERNMENT CODE SECTION 27383 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder IIIIIIIIIIIII1111111111111111111111111111111111111111111111111111111111 NO FEE -$ R 0 0 1 2 9 3 5 3 7 5$ i 2021000412404 2:00 PM 06123121 399 RW9A N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 Maria Morris, City Clerk San Juan Capistrano, CA NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that on October 5, 2010, the City Council approved General Plan Amendment 10-001, with Resolution #10-10-05-05, and Conditions of Approval; for the construction of on-site and off-site improvements relating to the development of Plaza Banderas Hotel Mixed Use Development (now the Inn at the Mission) in San Juan Capistrano. That said work was substantially completed on May 20, 2020, by the successor in interest to the developer RD Olson Construction, Inc. c/o South Coast Investors II, LLC according to plans and specifications and to the satisfaction of the City, and that said work was accepted by the City Council of the City of San Juan Capistrano, as the owner, 32400 Paseo Adelanto, San Juan Capistrano, California 92675, at a regular meeting thereof held on the 15th day of June 2021 by Resolution No. 21-06-15-01. That upon said contract, Federal Insurance Co ny c�orporation organized and existing under laws of the state of Indiana was surety fir t e/ nHs given by the said company as required by law. Dated at San Juan Capistrano, California, this 15th y Qf �unp12021^,,r Maria Morris,'City Clerk �- City of San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, the duly appointed and qualified City Clerk of the City Council of the City of San Juan Capistrano, California, DO HEREBY CERTIFY, under penalty of perjury that 1) 1 have read the foregoing document and kno �e contents thereof, and the facts therein state are true of my own knowledge; 2) 1 decla t e forgoing is true and correct; and 3) the foregoing Notice of Completion was duly and r gula ly rd red to be recorded in the Office of the Orange County Recorder by said City Cler�C. 'q Dated at San Juan Capistrano, California, this City of San Juan Capistrano ' RESOLUTION NO. 21-06-15-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DETERMINING COMPLETION OF WORK IN ACCORDANCE WITH APPROVED PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF ON-SITE AND OFF-SITE IMPROVEMENTS ASSOCIATED WITH PLAZA BANDERAS HOTEL MIXED USE DEVELOPMENT (NOW THE INN AT THE MISSION) (APPLICANT: RD OLSON CONSTRUCTION, INC. C/O SOUTH COAST INVESTORS II, LLC.) WHEREAS, on October 5, 2010, the City Council adopted Resolution No. 10-10-05-05 conditionally approving the Plaza Banderas Hotel Mixed Use Development (now the Inn at the Mission) on 3.18 acres of land; and, WHEREAS, RD Olson Construction, Inc, c/o South Coast Investors II, LLC, has requested that the City determine that such on-site and off-site improvements are completed and the corresponding remaining surety bonds be released accordingly. The surety release is as follows: SURETY COVERAGE (Federal Insurance Company) ' Bond Number Type of Improvement Bond Amount #8239-47-14 Water (plan UD16-0008) $ 337,773.00 Total Bond Amount $ 337,773.00 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Juan Capistrano as follows: SECTION 1. That the improvement work required to be performed by said developer has been completed and approved. SECTION 2. That the completed work with a value of $337,773.00 is accepted. SECTION 3. That the sureties described in the chart above may be released accordingly. PASSED, APPROVED, AND ADOPTED this 15th day of June 1. JOH AYLOR, MAYOR 6/15/2021 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. , CITY OF SAN JUAN CAPISTRANO ) I, Maria Morris, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 21-06-15-01 was duly adopted by the City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 15th day of June 2021, by the following vote: AYFS: �O�INCIL MEMBERS: Reeve, Hart, Bourne, Farias and Mayor Taylor NODS: O NCIL-MEMBERS: None ABSEN O�NCIL MEMBERS: None N.)V S. CITY 2 6/15/2021 r