1996-0321_CAPISTRANO TUTOR TIME LTD_Surety Agreement0 0
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 Capistrano Tutor Time Limited
Partnership, a California Limited Partnership, referred to as "Developer".
WITNESSETH
WHEREAS, City will issue Grading Permit No. 34760 to Developer to construct certain
designated improvements, more particularly described in Exhibit "A" attached and incorporated herein
by reference, which said improvements constitute a portion of that real property at the location of
31711 San Juan Creek Road, commonly referred to as Tutor Time Child Care Facility.
WHEREAS, San Juan Capistrano Municipal Code Section 8-3.05 requires the posting of
financial security to secure the faithful performance and labor and materials for the grading and
installation of improvements connected with issuance of grading permits.
WHEREAS, San Juan Capistrano Municipal Code Section 8-3.06 authorizes the Building
Official to require additional bonding as security to ensure against adverse aesthetic impacts arising
from incomplete grading and/or improvements from development projects which have not been
completed.
WHEREAS, the Building Official finds that the proposed project site is highly prominent and
visible to the community, 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:
I . Developer's Improvements Obligations. Developer shall, at its sole cost and expense,
provide and furnish all labor, materials and equipment for the installation of improvements set forth
in Exhibit "A". The grading permit and plans, which further defines the improvements in Exhibit "A",
are on file in the office of the City's Building Official, and all documents referenced in Exhibit "A" are
incorporated herein by reference.
2. Deveiouer's Security. Developer shall provide a bond by a duly authorized corporate
surety, subject to the approval of the City's City Attorney, to secure Developer's improvement
obligations required under this agreement.
The amount of the bond shall be $48,000 for that work described in Exhibit "A". This
security of $48,000 shall also serve as security for restoration of the site. A copy of the surety
instrument, as approved by the City Attorney, is attached as Exhibit "D".
0 0
Surety Agreement Page 2
Tutor Time Child Care Facility
31711 San Juan Creek Road
3. Completion of Improvements. To ensure the protection of the public safety, health
and welfare, Developer shall construct the improvements described in Exhibit "A" in accordance with
the schedule as set forth in Exhibit "B", and the conditions as set forth in Exhibit "C".
4. Developer Default. In the event Developer does not complete the required
improvements, including erosion -control measures within the time required, or abandons the project
site, or suspends work for more than twenty working days other than previously prescribed, City shall
have the right to immediately declare a default and to make demand on the surety for performance.
5. Restoration of Site. San Juan Capistrano Municipal Code Section 8-3.06 allows the
City to require bonding as security to ensure against adverse aesthetic impacts arising from
uncompleted grading and/or improvements. The purpose of this bonding shall be to restore the
property to its original condition if the Developer defaults. This restoration shall include:
A. Dismantle and/or demolish improvements;
B. Grade property to its original contours as shown on the grading plan referred
to in Exhibit "A';
C. Remove all debris and construction materials from the site; and
D. Install erosion control, including hydroseeding, to the satisfaction of the
Building Official.
6. Attomey's Fees. Developer agrees to pay City such sum as the court may adjudge 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 said City.
7. Developer's Work in Safe Condition. Developer shall perform all work in a safe
workmanlike manner and shall take such precautions as may be necessary to warn and protect the
public from any dangerous condition caused by the construction of said improvements.
8. Li bili . Developer shall hold City, its officers, and employees harmless from any and
all claims, demands, causes of action, liability or loss of any sort because of, or arising out of, the acts
or omissions of Developer, his contractor, subcontractors, agents or employees in the performance
of this agreement.
0
Surety Agreement Page 3
Tutor Time Child Care Facility
31711 San Juan Creek Road
In witness whereof, the parties have executed this agreement as of 2C 11996 at San Juan
Capistrano, California.
Developer:
Capistrano Tutor Time Limited Partnership,
a California Limited Partnership
By: GFG Equities Limited Partnership,
a California Limited Partnership
Its: General Partner
By: GFG Properties, Inc.,
a California Corporation
Its: eneral Part er
By:
Robert W. e nger
Vice President
Approved as to Form: /
Richard K. Denhaiter 3 - 3Z i76
0
City Attorney
City of San Juan Capistrano
Daniel W. McFarland
Building Official
0
Surety Agreement Page 4
Tutor Time Child Care Facility
31711 San Juan Creek Road
EXHIBIT "A"
Item 1: Construction of all on-site grading (cut, fill and slope stabilization) operations in accordance
with Grading Permit No. 34760 and the Developer's plans and supporting documents as
listed below:
(A) Grading Plan for Tutor Time Child Care Facility, dated February 1996, prepared by
Christiansen and Associates, Elmer Christiansen, RCE No. 10609, which expires
December 31, 1996.
(B) Geotechnical Report for Tutor Time Child Care Facility, dated November 27, 1996,
prepared by Norcal Engineering, Keith D. Tucker, RCE No. 841, which expires
December 31, 1996.
Item 2: Construction of all on-site improvements in accordance with Grading Permit No. 34760 and
Developer's grading plans referenced in Item 1 above, including, but not limited to:
driveways, parking areas, retaining walls, terrace drains, down drains, subdrains, area
drainage systems, and private storm drain systems not a part of Developer's Improvement
Plans filed with the City Engineer.
0 0
Surety Agreement
Tutor Time Child Care Facility
31711 San Juan Creek Road
EXHIBIT "B"
SCHEDULE FOR COMPLETION OF IMPROVEMENTS
April 25, 1996
July 25, 1996
Rough Grade Certification
Landscape Irrigation
August 25, 1996 Landscape Planting
Page 5
Surety Agreement Page 6
Tutor Time Child Care Facility
31711 San Juan Creek Road
EXHIBIT "C"
CONDITIONS FOR COMPLETION OF IMPROVEMENTS
A. The grading for this project shall be in strict conformance with the grading plans and related
documents as described in Exhibit "A" and Grading Permit No. 34760.
B. Grading operations shall commence within fourteen (14) calendar days after issuance of
Grading Permit No. 34760.
Winter grading will be conducted in strict accordance with the dynamic erosion -control plan
submitted by the Developer, and approved by the City. This erosion -control plan reflects
erosion 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 -control plans reflecting current conditions of grading shall
be submitted within ten (10) days of cessation of work. These plans shall include erosion -
control planting as required by the City.
C. Except as specified in item "F" below, suspension in excess of twenty (20) working days of
work authorized by Grading Permit No. 34760, including erosion -control measures and
landscaping and irrigation, may constitute default of this agreement.
D. 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 (see item "F" below), shall be
filed with the Building Official. This interim report shall conform to the grading code
requirements for final compaction reports.
E. 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.
F. Grading operations suspended during the rainy season shall be resumed no later than 15 days
from date of suspension.
G. Developer shall provide approved on-site archaeological monitor during all phases of grading
and foundation excavation and submit a final archaeological report to the City upon
completion of the grading.
0 0
Surety Agreement Page 7
Tutor Time Child Care Facility
31711 San Juan Creek Road
H. Installation of interim erosion -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 -control
landscaping and irrigation systems shall be installed prior to final inspection of the grading
permit.
All work shall be performed in strict observation of the Hours of Operation in accordance
with San Juan Capistrano Municipal Code Section 8-107.
All trees which have been identified for preservation shall be protected in place in accordance
with the Comprehensive Development Plan and P.C. Resolution No. 95-11-28-2.
K. Contractor shall adhere to conditions of haul route permit and encroachment permit issued
by the City Engineer.
L. No construction trucks are to stop or stand on San Juan Creek Road,
M. Parking for construction crew is to be on-site.
XHIBIT "D"
ND NO. 419801S
PREMIUM: $1,152.00
STATUTORY PERFORMANCE BOND
CAPISTRANO TUTOR TIME LIMITED PARTNERSHIP,
KNOW ALL MEN BY THESE PRESENTS, that CALIFORNIA LIMITED PARTNERSHIP
as Principal, hereinafter called CONTRACTOR, and DEVELOPERS INSURANCE COMPANY as
Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano,
as Obligee, hereinafter called CITY, in the amount Of FORTY-EIGHT THOUSAND AND NO / 100 -----
Dollars ($ 48,000.00 ) for payment whereof Contractor and Surety bind themselves,
their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these
presents.
WHEREAS, Contractor is required to provide a faithful performance bond pursuant to the
statutory requirements of the San Juan Capistrano Municipal Code to guarantee certain work, more
particularly described as fol
GRADING BOND
31711 SANACREEk-RD..
NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly
and faithfully perform said statutory obligation, then this obligation shall be null and void; otherwise
it shall remain in full force and effect. Surety waives whatever legal right it may have to require that
a demand be made first against the Principal in the event of default.
BE IT FURTHER RESOLVED, that:
1. As a part of the obligation secured hereby, and in addition to the face amount
specified, there shall be included costs and reasonable expenses and fees, including reasonable
attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs
and included in any judgment rendered.
2. Said Surety, for value received, hereby stipulates and agrees that no change, extension
of time, alteration, or modification of statutory obligation, or of the work to be performed thereunder,
shall in any way affect its obligations or this bond, and it does hereby waive notice of any such
change, extension of time, alteration or modifications, or of the work to be performed thereunder.
Statutory Performance Bond
Executed this 25th day of MARCH 19_1�6 at _ UPLAND
California.
APPROVED AS TO/F
L l
i hard K. Denhalter
City Attorney
Page 2
CAPISTRANO TUTOR TIME LIMITED PARTNERSHIP,
A CALIFORNIA LIMITED PARTNERSHIP
PRINCIPAL "SEE ATTACHED"
Title:
(NOTARIZATION AND SEAL)
DEVELOPERS INSURANCE COMPANY
SURETY
By: AV, /I.
GF&9G N. OKURA
T;t}p. Attorney -In -Fact
(NOTARIZATION AND SEAL)
• 0
ATTACHMENT
Capistrano Tutor Time Limited Partnership,
a California Limited Partnership
By: GFG Equities Limited Partnership,
a California Limited Partnership
Its: General Partner
By: GFG Properties, Inc.,
a California Corporation
Its:
VICt r i vblucun
STATE OF California
SS.
COUNTY OF San Bernardino
On March 25, 1996
PERSONALLY APPEARED
, before me, MICHAEL J. HENSEL
GREGG N. OKURA
personally known to me (or 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 acknowl-
edged 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.
WITNESS my hand and official seal.
Signature
OPTIONAL
MICHAEL J. HENSEL
m COMM,N0. 1069723 m
t^a NOTARY PUBLIC.CALIFORNIA A
W SAN BERNARDINO COUNTY N
XMY COMM. EXPIRES AUG. 18, 1999
This area for Official Notarial Seal
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
® ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DEVELOPERS INSURANCE COMPANY
ID -081 W,.6/94
DESCRIPTION OF ATTACHED DOCUMENT
Grading Bond
TITLE OR TYPE OF DOCUMENT
Two (2)
NUMBER OF PAGES
March 25, 1996
DATE OF DOCUMENT
None
SIGNER(S) OTHER THAN NAMED ABOVE
ALL-PURPOSE ACKNOWLEDGEMENT
POWER OF ATTORNEY OF
INDEMNITY COMPANY OF CALIFORN�
AND DEVELOPERS INSURANCE COMPANY No- 2 5 9 4 0 9
P.O. BOX 19725, Irvine, CA 92713 • (714) 263-3300
NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of March. 1995.
2. This Power of Attorney is void If altered or It any portion is erased.
3. This Power of Attorney is void unless the seal is readable, the ted is in brown ink, the signatures are in blue ink and this notice is in red ink.
4. This Prover of Attorney should not be returned to the Attorney(s)-inFact, but should remain a permanent pad of the obligees records.
KNOW ALL MEN BY THESE PRESENTS, that swept as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally,
but riot jointly, hereby make, constitute and appoint
***Gregg N. Okura, Michael J. Hensel, Elizabeth Lem, Janet E. Aburto, jointly or
severally***
the tnue and WAul Attomey(a)4n-Fact, to make, execute, deliver and acknowledge, for and on behalf of each or said corporations as sureties, bonds, undertakings and contracts of
aureiyship In an amount net exceeding Two Million Five Hundred Thousand Dollars ($2,500,000) in arty single undertaking; giving and granting unto said Attorney(s)-in-Fact full power
and authority to do and to perform every act necessary, requisite or proper to be done In connection therewith as each of said corporations could do, but reserving to each of said
corporations full pourer of substitution and revocation; and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed.
The *it" and powers con(ered by this Power of Attorney do net extend to any of the following bads, undertakings or contracts of suretyship
Bank deposAory bonds, mortgage deficiency bonds, mortgage guarantee bonds, guarantees of installment paper, note guarantee bonds, bonds on financial institutions, base
bonds, Insurance company quallfybg bonds, salf-Insurers bonds, fidelity bonds or bail bonds.
This Power of Attorney is granted and is signal by facsimile under and by authority d the following resolutions adopted by the respective Boards of Dkeclora of INDEMNITY COMPANY
OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24,1986:
RESOLVED, that the Chairman ofthe Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of
Attorney, qualifying the attorney(s) named in the Pourers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or
any Assistant Secretary of the corporation be, and each of lhem hereby is, authorized to attest the eamcullon of any such Power of Attomay;
RESOLVED, FURTHER, that the signatures of such officers may be a5bred to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such
Power of Attorney or certificate hearing such facsimile signatures shall be valid and binding upon the corporation when so affbmd and in the future with respect to any bond, undertaking
or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY hen severally caused these presents to be signed by their respective
Presidents and attested by their respective Secretaries this wet day of April, 1993.
INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY
By�C1856 BY `�
Dent4F. Vincenll, Jr. Dante Vinoeri i, Jr
Press nt OMPANYO.n Presid
ATTEST iWtiiOZ OCT. 5 CT.5
1967 q ��pmcO T20
rr ATTEST
IfFOPID
* By Aixt"a
Wetter Crowell Walter Crowell
Secretary Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE >
On July 15, 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared Dante F. Vincent!, Jr. and Walter A. Crowell, personally known to
me (or proved to me on the basis of satisfactory evidence) to be the Preon(s) whose same(s) Islam subscribed to the within Instrument and acknowledged to me that he/shenhey
executed the same in hiaRrerAheir authorized capaciy(bs), and that by hiMierrtheir signature(s) on the instmrnem the person(s), or the entity upon behalf of which the person(s) acted,
sxecufed the Instrument.
WITNESS my hand and official seal. �MSNsRINM
' C. V. BRINK
-
COMM. #1036712
-1p
NOTARY PUBLIC • CALIFORNIA uai
Signature `� ORANGE COUNTY
'Notary Public My Comm. Exp. Aug. 21, 1995
CERTIFICATE
The undersigned, as Senior Vies President of INDEMNITY COMPANY OF CALIFORNIA, and Senior Vie President of DEVELOPERS INSURANCE COMPANY, does
hereby certify that the foregoing and attached Power of Attorney remains in full forte and has net been revoked; and furthermore, that the provisions of the resolutions of the respective
Boards of Directors of said corporations set forth in the Power of Attorney. are in force as of the date or this Certificate.
This Certificate Is executed in the City of Irvine, California. this 25 tjday a March 11996
INDEMh ITY COMPANY OF CALIFORNIA OV,PANYO.c DEVELO ERS INSURANCE COMPANY SPS\PPOggNO
if ,G O P Oqq O C o0 ��' p
0 2 MA979 7 a
• L. . F ebiger L. C. FieMga �
Senior Vice President p Senior Vice President y0 q tfP
ID -310 REV. 5/95 (/F01\N\P± (wFOP
i
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of r`AT TFr1RNT,4
County of LOS ANGELES
On
MARCH 25, 1996
DATE
personally appeared Robert
•
before me, Penny L. Johnson -Hunter, Notary Public
NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC"
NAMES) OF SIGNER(S)
❑D personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(A whose name(a) is/AM
subscribed to the within instrument and ac-
knowledged to me that he/sl=iithayc executed
the same in hishberr/thachr authorized
PENNY L. JOHNSON -HUNTER capacity(,) , and that by his/hieIM 4
Qmy COMM.c-Ca65 ? signature(a) on the instrument the person(*),
ZNoOS Public S CDUNTYlOLOS ANGELESCOUNN Or the entity upon behalf of Which the
Comm. Expires JUL 3. 199;1 person(s) acted, executed the instrument.
t,
E # WITNESS my hand and official seal.
�
:'.. mics
Fe`diif Rf8
LOS AN8€E€..k /_�
my Comm, €Ilea d �
SIGNATURE OF NOTARY
OPTIONAL
No. 5907
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
Q CORPORATE OFFICER
Vice President
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
GFG Properties Inc.
DESCRIPTION OF ATTACHED DOCUMENT
Statntnry PF•rformanve Rand Jt419801S
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
3/25/96
DATE OF DOCUMENT
tichard K. Denhalter
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184- Canoga Park, CA 91 309-71 84