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
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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:
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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