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05-0418_CERRITOS LAND PARTNERS, L.P._Surety Agreement (2)MEMORANDUM TO: FROM: SUBJECT: Meg Monahan, City Clerk Nasser Abbaszadeh, Building and Engineering Director //✓ •A - Grading Bond Reduction — Cerritos Land Partners (Gates Office Building), 31601 Avenida Los Cerritos This memorandum is authorization to reduce Los Cerritos from $51,166.50 to $10,000.00. were secured by the bond have been comple bond. the grading bond posted for 31601 Avenida The grading and on-site improvements that ed sufficiently to warrant the reduction of the A Performance Bond posted with Indemnity Company of California, Bond Number 839438S, was posted as security for the bond. A copy of the Surety Agreement and Performance Bond is attached for your information. If you have any questions, please contact me. Attachment cc: file �5 /f 1jJe_ 'q'� jo 6� ( V 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX www, sanjuancaplstrano. org February 6, 2006 Indemnity Company of California 17780 Fitch, Ste 200 Irvine. CA 92614 dwan � IA(AAARRAIfR � (SIARIIfXfR I IA61 1776 MEMBERS OF THE CITY COUNCIL SAM ALLEVATO DIANE BATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN Re: Release of Bond — Cerritos Land Partners (Gates office Building), 31601 Avenida Los Cerritos Dear Sir or Madam: A Performance Bond was received by the City of San Juan Capistrano on December 13, 2002 provided by Indemnity Company of California as follows: BOND NO. #839438S AMOUNT $51,166.00 GRADING PERMIT NO 49233 This letter serves as notification that the City of San Juan Capistrano hereby fully and forever releases and discharges Indemnity Company of California from any and all liability under the abovementioned bond number -- per instruction of the City Engineer/Building and Engineering Director. The original — released — document is attached. If you have any questions, please do not hesitate to call me at (949) 443-6308. Very truly yours, Methm— n, CMC Cit Att as noted cc: Nasser Abbaszadeh, Engineering & Building Director Cerritos Land Partners, Brad Gates, 28546 Paseo Diane, San Juan Capistrano, CA 92675 San Juan Capistrano: Preserving the Past to Enhance the Future iJ Printed on recycled paper • Bond No.: 8394 Bond Premiwn: ;W,1,535.00 (Two -Year Terri) PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that Cerritos Land Partners. LP as Principal (hereinafter called "Contractor"), and Indemnity Company Of California , 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 Fifty_o o Thn„ca„d One -hundred Sixty-six and 50/100------------------- D011ars($51,166.50---- ) for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has, by written agreement dated entered into a (describe agreement): Gradin;:, Erosion Control and On-site Improvements for Gates professional building. which contract is, by reference, made a part hereof. NOW, THEREFORE, the condition of this obligation is such that, if Contractor shall promptly and faithfully perform said agreement, 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 Contractor 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. RELEASED �7)() c:�nyfiles\tormswerfonnancesond.wpd -1- DATE z • Bond No.: 83943' • 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents, 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 modification of the contract documents or of work to be performed thereunder. Executed this 3rd dayof April 200 5 , at Costa I,esa APPROVED AS TO FORM: By John WSIraw, City Attor 7 California. PRINCIPAL : Cerritos Land Partners, LP BY: Jagohn Inco porated, General Partner (NOTARIZA ION AND SEAL) Bradley L CEO SURETY BYdem y Comp Of ifornia (NOTARIZATION AND SEAL) Rolf A. Neuschaefer, Attorney-in- c:VnyfilesVormslPerformaneeBond.wpd -2- 05/10/00 STATE OF `CnI�,G l Faerr..o- COUNTY OF SS. before me, tw{ a,/*so N + ©P ( 5'_ s6X) PERSONALLY APPEARED personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(vwhose name(t) Way subscribed to the within instrument and acknowledged to me that he/.shptf$?g executed the same in his/rq/thA authorized capacity(V), and that by his/h#/d*f signature(yon the instrument the person or the entity upon behalf of which the personVacted, executed the instrument. WITNESS my hand and official seal. Signature 4ez/ OPTIONAL U,m� _ WIL— Lli A pDE�I.S� COMM. # 1511343 OTARY PMLICCAUrORNIA 1� ORANGE COUNTY (: COMM. EXP. OCr. 1, 20pS+ This area for Oficial 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 DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER uiaA, f fJUG&- jedfl i TITLE OF TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTITY(IES) _ Z NUMBER OF PAGES DATE OF DOCUMENT ID -1232 (REV. 5/01) ALL-PURPOSE ACKNOWLEDGEMENT 0 0 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***Steven C. Harris, Rolf A. Neuschaefer, jointly or severally'"* as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship 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 power of substitution and revocation, and all of the acts of said Attomey(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November 1, 2000: RESOLVED, that the Chairman of the 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 attomey(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attomey or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 1 at day of February, 2005. By. AND David H. Rhodes, Executive Vice -President ......°�,'��;0 GOMPPo POp SPUR9j�:?iZ2 —� OCT. ?a •. 10 :ne w 1967 � B _ :O: 1936 Y Walter A. Crowell, Secretary '.)) .,,.rO1N'Y STATE �cgUFOPaP ->s� STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE. ) On February 1, 2005, before me, Nita G. Hif rneyer, personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. NrrA O. HIFFMEYER COMM. N 1643461 MOIkR1' pM C COUNTY Signature J ORANGE COUNTY aomm.erp(rea Jan.10, ZU09 CERTIFICATE The undersigned, as Executive Vice -President, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not 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 of this Cet;ificate. This Certificate is executed in the City of Wine, California, the 3rd day of April ,2005 By---_'� David L. Kerrigan, Executive Vice -President ID -1350 (Rev. 2105) STATE OF COUNTYOF California 0 0 On April 3 2005 —, before me, PERSONALLYAPPEARED Rolf A- Neuschaefer 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 acknowledged to me that helshe/they executed the same in his/her/their authorized capacity(ies), and that by his/herltheir signatures) 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 7k4 SS. Made M. Bistolas OPTIONAL 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 ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL Q ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF MRSONIS) OR EWIWQES) DESCRIPTION OF ATTACHED DOCUMENT Performance Bond TITLE OF TYPE OF DOCUMENT Two NUMBER OF PAGES April-Rri. , DATE OF DOCUMENT NAMED ABOVE ID -1232 (FEV. SMI) ALL-PURPOSE ACKNOWLEDGEMENT 0 • MEMORANDUM TO: Meg Monahan, City Clerk February 2, 2006 FROM: Nasser Abbaszadeh, Building and Engineering Director N -A SUBJECT: Grading Bond Reduction — Cerritos Land Partners (Gates Office Building), 31601 Avenida Los Cerritos This memorandum is authorization to reduce the grading bond posted for 31601 Avenida Los Cerritos from $51,166.50 to $10,000.00. The grading and on-site improvements that were secured by the bond have been completed sufficiently to warrant the reduction of the bond. A Performance Bond posted with Indemnity Company of California, Bond Number 839438S, was posted as security for the bond. A copy of the Surety Agreement and Performance Bond is attached for your information. If you have any questions, please contact me. Attachment cc: file 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 Cerritos Land Partners, LP, a Limited Partnership referred to as "Developer'. WITNESSETH WHEREAS, City will issue Grading Permit No. 49233 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 APN 650-151-17, commonly referred to as 31601 Avenida Los Cerritos. WHEREAS, San Juan Capistrano Municipal Codes Section 8-2.08 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 including the construction of drainage and protection devices and any other corrective work to remove and eliminate engineering and geological hazards. WHEREAS, San Juan Capistrano Municipal Code Section 8-2.09 authorizes the Building Official to require additional bonding as security to ensure against adverse aesthetic impacts arising from incomplete grading and/or improvements from development projects which have not been completed. WHEREAS, the Building Official finds that the proposed project site is highly prominent and visible to the community, has unique topographic features or involves substantial grading of slope areas. NOW, THEREFORE, in consideration of the premises and promises hereinafter contained, City and Developer agree as follows: 1. Developer's Improvements Obligations. Developer shall, at its sole cost and expense, provide and furnish all labor, materials and equipment for the 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. SDI 2. Developer's Security. Developer shall provide a bond by a duly authorized corporate surety, By Indemnity Company of California, Bond No# 839438S subject to the approval of the City Attorney, to secure Developer's improvement obligations required under this agreement. The amount of the bond shall be $51,166.50 for that work described in Exhibit "A". This security of $51,166.50 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". 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 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 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 8-2.09 allows the City to require bonding as security to ensure against adverse aesthetic impacts arising from uncompleted grading, drainage and/or improvements which includes illicit non - storm drain water discharge. The purpose of this bonding shall be to restore the property to its original condition if 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 grading plan referred to in Exhibit "A"; C. Remove all debris and construction materials from the site; and 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 0 0 as blankets, fiber matrices, catch basin filters, or other erosion resistant soil coverings or treatments to satisfaction of the Director of Engineering and Building. 6. Attorney's Fees. Developer agrees to pay City such sum as the court may judge as reasonable for the legal services of an attorney representing the City in an action brought to enforce or interpret the obligations of this agreement, and such sum shall be made a part of anyjudgment 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. Liability. 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. In witness whereof, the parties have executed this agreement as of / le 20 DS at San Juan Capistrano, California. Developer A "�` By: Bradle L. Gates CEO/Cerritos Land Partners. LP Approved as to Form: By: Jon aw City Attorney City of San Juan Capistrano By: Nasser Abbaszadeh Engineering and Building Director 0 9 Gates Office Building 31601 Avenida Los Cerritos Item 1: Construction of all on-site grading (cut, fill and slope stabilization) operations in accordance with Grading Permit No. 49233 and the Developer's plans and supporting documents as listed below: (A) Grading Plan for Gates Office Building, dated December 21, 2004. prepared by (Firm) RHA Engineering, Inc., (Engineer) Steven L. Ray RCE No. 35334. (B) Geotechnical Report for Gates Office Building, dated February 17, 2005 prepared by (Firm), Peter and Associates (Engineer) Lan N. Pham, RGE No. 686. Item 2: Construction of all on-site improvements in accordance with Grading Permit No. 49233 and Developer's grading plans referenced in Item 1 above, including, but not limited to: driveways, parking areas, retaining walls, erosion and silt control, terrace drains, down drains, sub -drains, area drainage systems, and private storm drain systems not a part of Developer's Improvement Plans filed with the City Engineer. 0 9 EXHIBIT "B" SCHEDULE FOR COMPLETION OF IMPROVEMENTS Completion Date October 2005 October 2005 Task Rough Grade Certification Landscape Irrigation (Interim) October 2005 Landscape Planting (Interim and Hydroseed) 0 EXHIBIT "C" PJ CONDITIONS FOR COMPLETION OF IMPROVEMENTS 1. 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. 49233 2. Grading operations shall commence within fourteen (14) calendar days after issuance of Grading Permit No. 49233. Winter grading will be conducted in strict accordance with the dynamic erosion and silt control plan submitted by the Developer, and approved by the City. This erosion and silt control plan reflects erosion and silt mitigation measures for expected grading conditions as the work progresses through the winter season and shall not be amended except with the permission of the City. In the event Developer does not wish to implement winter grading, or permission for winter grading is rescinded, static erosion and silt control plans reflecting current conditions of grading shall be submitted within ten (10) days of cessation of work. These plans shall: 1. Identify all pollutant sources including sources of sediment that may affect the quality of storm water discharges associated with the construction activity. 2. Include the erosion and sediment control planting and hydroseeding to insure a uniform vegetative cover or equivalent stabilization measures which include the use of such Best Management Practices as blankets, fiber matrices, catch basin filters or other erosion resistant soil covering or treatments to the satisfaction of the City Engineer. 3. A sequence plan of grading operations shall be approved by the City prior to the issuance of any grading permit for this project. Any variation or deviation in the sequence of operations must be recommended, in writing, by the supervising civil and soils engineers and approved by the Building Official prior to performing any work related to the variation or deviation. 4. Suspension in excess of twenty (20) working days of work authorized by Grading Permit No. 49233, including erosion and sediment control measures and landscaping and irrigation, shall constitute default of this agreement. 5. The supervising civil engineer and soils engineer shall file biweekly progress reports of all grading operations with the Building Official. An interim compaction report, for that work completed at the time work is suspended for the rainy season, shall be filed with the Building Official. This interim report shall conform to the grading code requirements for final compaction reports. 6. 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. 7. Grading operations suspended during the rainy season shall be resumed no later than 15 days from date of suspension termination. 8. 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 control devices, planting, landscaping and irrigation systems shall be installed prior to final inspection of the grading permit. 9. 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. 10. Contractor shall adhere to conditions of haul route permit and encroachment permit issued by the City Engineer. 11. Parking for construction crew is to be on-site.