Loading...
21-1130_LENNAR HOMES OF CALIFORNIA, INC_Grading Surety AgreementL) 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 LENNAR HOMES OF CALIFORNIA, INC, hereinafter referred to as "Developer." WITNESSETH WHEREAS, City will issue Precise Grading Permit No B21-0313 to Developer to construct certain designated improvements upon a portion of that real property located at the comer of Del Obispo Street and Farm Road (APN: 121-182-62 & 121-182-63), San Juan Capistrano, CA, such work being commonly referred to as THE FARM ("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. Developers Improvements Obligations. Developershall, at its sole cost and expense, provide and furnish all labor, materials and equipmentforthe Project depicted on the plans entitled "Precise Grading Plan forthe Farm Tract 19063 (ALL OF TTM 19063)" as approved by the City Engineer, on November 18, 2021. 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 #B21-0313 Page 1 of 10 61147.02100124835741.2 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 $1,566,042 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 letterof credit forms and certificateof deposit form are available upon request. 3. Comoletion 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 #1321-0313 Page 2 of 10 61147.021001248357412 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 forthe 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 #B21-0313 Page 3 of 10 61147.02 100124835741.2 SIGNATURE PAGE TO GRADING SURETY AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND LENNAR HOMES OF CALIFORNIA, INC IN WITNESS WHEREOF, the parties have executed this Agreement as of November CITY OF SAN JUAN CAPISTRANO By: Paul I elby, Interim Building Official Dated: `2 1 ,2021 LENN2kOF CALIFORNIA, INC By: Pnn ed Title A:E . - Approv s to Form:— , /3 By: CityAtforney Printed Name Title Grading Surety Agreement, Permit #821-0313 Page 4 of 10 61147.02100124875741.2 Task EXHIBIT "A" SCHEDULE FOR COMPLETION OF IMPROVEMENTS 1. Complete rough grading 2. Start installation of onsite Storm drain work 3. Start & Finish Soil Stabilization work 4. Curb & Gutter work 5. Walks, Railings & Fences 6. AIC Paving Grading Surety Agreement, Permit #821-0313 Page 5 or 10 61147.02100\24835741.2 Completion Date October 29, 2021 May 19, 2021 September 15, 2021 November 30, 2021 August 15, 2024 December 31, 2021 EXHIBIT"Bps 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) calendardays 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 winterseason and shall not be amended except with the permission of the City. In the event Developerdoes 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 engineerand soils engineershall 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 #1321-0313 Page 6 of 10 61147.02100124935741.2 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 #B21-0313 Page 7 of 10 61147.021 00124835741.2 The Farm BOND NO. SU1177380 INITIAL PREMIUM: $3,524.001 annum SUBJECT TO RENEWAL GRADING SURETY AGREEMENT PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: WHEREAS the City of San Juan Capistrano ("City") and Lennar Homes of Caiaomia, Inc. ("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. 19063 ("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 Arch Insurance Company as surety ("Surety"), a corporation organized and existing under the laws ofthe State of Missouri , 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 (1) dollars ($1.566.042.00 )'for which amount well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors or assigns, jointly and severally, finely by these presents. (1) One million five hundred sixty-six thousand forty-two and 001100 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 Grading Surety Agreement, Permit #821-0517 Page 8 of 10 61147.02100124635741.2 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. 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 Irvine, CA this 191h day of November 2021 . Lennar Homes of California, Inc., a California corporation Principal By: \�---- • Vtuc President TIV24AJ k. (print name) Arch Insurance Company Surety By: . W Attorney -in -Fact Mechelle Larkin (print name) NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OFEXECUTION 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#B21-0517 Page 9 of 10 61147.02100124875741.2 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 ) ) ss. COUNTY OF ORANGE ) On ldl,R 120r 23, 2021, before me, Brittnev Antonielli Notary Public, personally appeared Brian Bencz who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person 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 my hand and official seal. Signature; _ a�/� �� (Seal) 088fTTNEY ANTONIELLI . Notary Public. California Orange County Commission d 2380329 X •� •"• Ay Comm. F:pire5 Nov 12, 2025 ` DocuSign Envelope ID: 8856FFAGDA474C16•A3E5-06894E4E8929 Notary Acknowledgment A notary, public or other officer completing this certificate verifies onl the identity of the individual who sighed 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, appeared , who Notary Public, personally to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to prbiwithin instrument and acknowledged to me that he/shelthey executed the same in his/her/theirauthodzed c acity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of ch the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of , e State of California that the foregoing paragraph is true and correct. > Signature of Notary Public Though the information below is and could prevent fra�i CAPACITY CLAIMED BY , , ❑ Individual ❑ Corporate Officer ❑ Partner(s) Jj Limited ❑ General ❑ Attorney -In -Fact ❑ Trustee(s) ❑ Guardian/ConsZetor ❑ Other: Signer is rep enting: Name Of Perso ' s) Or Entitv6es) my hand and official seal. OPTIONAL ulred bylaw, it may prove valuable to persons relying on the document removalandreattachment of this form to another document. Grading Surety Agreement, Permit #821-0517 Page 10 of 10 61147.021001248357411 DESCRIPTION OF ATTACHED DOCUMENT CeL� 7i1.7� [1_�e�1111:77e�.T�eZiiLt► [e]�i�l��Zt] irl �a7 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 NOV 19 2021 before me, Kathy R. Mair, Notary Public DATE Nameo Notary Public and I IN -Notary Poblic'J personally appeared Mechelle Larkin ---------------------------------------, )Namets) of Signer(s)) who proved to me on the basis of satisfactory evidence to be the personW whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in kris/her/t4& authorized capacity(ies), and that by hWher/tkteir signature(s) on the instrument the person(o, 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. KATHY R. MAIR Notary Public • California f = Orange County Commission 12353508[ My Comm. Expires May 22. 2025 � v r aw• Place Notary Seal Above WITNESS my hand and official seal. OPTIONAL C signature of Lary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Number of Pages: Signer's Name: Mechelle Larkin Signer's Name: ❑ Corporate Officer—Title(s): ❑ ❑ Partner — ❑ Limited ❑ General ❑ ❑ Individual ® Attorney-in-fact ❑ ❑ Trustee ❑ Guardian or Conservator ❑ ❑ Other: ❑ Corporate Officer — Title(s): Partner — ❑ Limited ❑ General Individual ❑ Attorney -in -Fact Trustee ❑ Guardian or Conservator Other: Signer Is Representing: Signer is Representing: AIC 0000326951 This Power of Aaormy limits the acts of those named herein, and they have no authority to bind the Company mmpt in the manner and to the orient herein stared Not valid forNote, Loan, Letter of Credit, Currency Rare, Interest Rate or Reiidendat Value Guarantees. POWER OF ATTORNEY Know All Persons By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal administrative office in Jersey City, New Jersey (hereinafter rotated to as the "Company") does hereby appoint: Kathy R. Mair, Mechelle Larkin and My Hua oflrvine, CA (EACH) its true end lawful Attomey(s)in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and an its behalf as surety, and as its act and deed: Any and all bonds, undertakings, recognisances and other surety obligations, in the penal sum not exceeding Ninety Million Dollars (90.000.000.001. This authority does not permit the same obligation to be split into two or more bonds In artier to bring each such bond within the dollar limit of authority as set forth herein. The execution of such bonds, undertakings, recognizance and othersurety obligations in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal administrative office in Jersey City, New Jersey. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on September 15, 2020, tme and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or the Executive Vice President, a any Senior Vire President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, a the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them subject to the limitations set forth in their respective powers of attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances and other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process.,, This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on September 15,2020: VOTED, That the signature of the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointee designated in writing and filed with the Secretary, and the signature of the Secretary, the seal ofthe Company, and certifications by the Secretary, may be affixed by facsimile on arty power of allomey or bond executed pursuant to the resolution adopted by the Board of Directors on September 15, 2020, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. In Testimony Whereof, the Company has posed this instrument to be sigo ad s"a Is corporate seal to beaffixed by their authorized officers, thisOl th day of November, 2020 Attested and Certified rA;W C70 Arch Insurance Commpapanyy�/////- Te Regan IIA Shulman, Secretary a t�yt Richard Stock, Executive Vice President STATE OF PENNSYLVANIA SS IbINd COUNTY OF PHILADELPHIA SS I, Michele Tripodi, a Notary Public, do hereby certify that Regan A. Shulman and Richard Stock personally known to me to be the same persons whose names are respectively w Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate scot and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. eu.earRunrorr veru ttmawtxr •.% Yf1CRDar, Nath halt [hyNmILMttlNpW. w,4 COM Michele 7ripadi, Notary Public My commission expires 07/312021 CERTIFICATION 1, Regan A Shulman, Secrelmy ofthe Arch Insurance Company, do hereby certify that the attached Power of Attorney dated November 20. 2020 on behalf of the person(s) as listed above is a true and correct copy "that the sine has been in full force and effect since the date thereof and is in full force and effect at the date of this certificate: and I do further certify that the said Richard Stock, who executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power ofAttomey the duly elected Executive Vice President ofthe Arch Insurance Company. NOV 19 2021 IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal ofthe Arch Insurance Company on this —day of , 20 Regan A. Shulman, 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 bird the Company except in the manner and to the extent herein sated PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: 771omnt Arch Insurance—Surety Division 3 Parkway, Suite 1500 Philadelphia, PA 19102 VsaA To ver* the authenticity of this PowerofAttomey, please contattArch Imumnce Company at suretyAuthentic@archin Please refer to the above named Attomey-in-Fart and the details of the hand to which the poweris attached. AICPOA040120 Printed in U.S.A.