03-0418_CORMIER, SHEREE CLOCK_Surety Agreement32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAx
i iv1v.sanjuancapslrano.oig
February 15, 2005
Robert and Sheree Cormier
3532 Gird Road
Fallbrook, CA 92028
Re: Surety Bond for 30561 Steeplechase, Tract 6305, Lot 101, grading
Dear Robert and Sheree Cormier,
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
THOMAS W HRIBAR
MARK NIELSEN
JOE SOTO
DR. LONDRES USO
In response to your request for bond release, and after review of the grading permit and
file, the Building Inspector of Record recommends that the City hold the Surety Bond in
place for the following reasons:
1. Permits in file are expired
2. Erosion control has not been kept in place, this is considered a "raw site' and
must be hydroseeded or some type of soil binder must be in place.
3. A Precise Grade Certification must be provided to the City by your Soils
Engineer.
The new owners of this property should be made aware of the conditions of this site,
that NPDES Violations exist for lack of erosion control and Best Management Practices
for Construction, and that the City of San Juan Capistrano shall not be held responsible
for disclosure of these conditions.
If you have any questions, please contact me at 949/443-6303.
Sincerely,
Paul J. Melby
Interim Building Services Manager
PJM:gdv
San Juan Capistrano: Preserving the Past to Enhance the Fnno-e
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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 Robert Cormier, an Owner
referred to as "Developer".
WITNESSETH
WHEREAS, City will issue Grading Permit No. 42744 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 Tract 6305 Lot 101 APN 650-381-01, commonly referred to as
30561 Steeplechase.
WHEREAS, San Juan Capistrano Municipal Code Section 8-3.05 requiLaIs
the
posting of financial security to secure the faithful performance and labor and mateforthe grading and installation of improvements connected with issuance of grading pits.
WHEREAS, San Juan Capistrano Municipal Code Section 8-3.06 authorizes the
Building Official to require additional bonding as security to ensure against illicit non -storm
drain discharge and 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 Imorovements 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. Developer's Security. Developer shall provide a Certified Check Number
9686 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 $45,065.00 for that work described in Exhibit "A".
This security of $45,065.00 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, 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 illicit non -storm drain water
discharge and 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 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, orequivalent stabilization measureswhich include the use
of such Best Management Practices as blankets, fiber matrices, catch basin filters,
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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
adjudge as reasonable for the legal services of an attorney representing the City in an
action broughtto 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. 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
20 03 at San Juan Capistrano, California.
Developer
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/ 61mr
By: Mr. Robert Cormier
Owner/Builder
Approved as to Form:
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By: J n Shaw
City Attorney
City of San,Juan Capistrano
By: Daniel V
Building
EXHIBIT "A"
30561 Steeplechase Drive
Cormier Residence
Item 1: Construction of all on-site grading (cut, fill and slope stabilization) operations in
accordance with Grading Permit No. 42744 and the Developer's plans and
supporting documents as listed below:
(A) Grading Plan for 30561 Steeplechase Drive, dated February 6, 2003,
prepared by Stan Schrofer and Associates, Stan Schrofer, RCE No. C-
13647.
(B) Geotechnical Report for 30561 Steeplechase Drive, dated August 25,
2000, prepared by Petra Geotechnical, Darrell Roberts No. CEG 1972.
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EXHIBIT "B"
9
SCHEDULE FOR COMPLETION OF IMPROVEMENTS
CCqmpletion Date
June 24, 2003
September 2003
March 2005
Task
Rough Grade Certification
Landscape Irrigation/Erosion
(Interim planting/hydroseeding)
Landscape Planting/Erosion
(Final planting with irrigation)
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EXHIBIT "C"
CONDITIONS FOR COMPLETION OF IMPROVEMENTS
A. The grading forthis project shall be in strict conformance with the grading plans and
related documents as described in Exhibit "A" and Grading Permit No. 42744.
B. Grading operations shall commence within fourteen (14) calendar days after
issuance of Grading Permit No. 42744.
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 silt 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.
C. 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.
D. 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.
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E. Grading operations suspended during the rainy season shall be resumed no later
than 15 days from date of suspension termination.
F. Installation of interim erosion and silt 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 silt control devices, planting, landscaping and
irrigation systems shall be installed prior to final inspection of the grading permit.
G. All work shall be performed in strict observation of the Hours of Operation in
accordance with San Juan Capistrano Municipal Code Section 8-107.
H. Contractor shall adhere to conditions of haul route permit and encroachment permit
issued by the City Engineer.
PERFORMANCE BOND Bond No. 116250
Premium: $2,253.00
KNOW ALL MEN BYTHESE PRESENTS, that Robert Cormier
as Principal (hereinafter called
"Contractor"), and American Contractors Indemnity Company
as Surety (hereinafter called "Surety"), are held and firmly bound unto the City of San Juan
Capistrano, as obligee (hereinafter called "City"), in the amount of
Forty Six Thousand and Sixty Five and No/100 Dollars($ 45,065.00 )
for payment whereof Contractor and Surety bind themselves, their heirs, executors,
administrators, successors and assigns, jointly and severally, fairly by these presents.
WHEREAS, Contractor has, by written agreement dated
entered into a (describe agreement): grading permit no. 42744 to construct
designate improvements at Tract 6305 Lot 101 APN 650-381-01
commonly known as 30561 Steeplechase
which contract is, by reference, made a part hereof.
NOW, THEREFORE, the condition of this obligation is such that, if Contractorshall
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. Asa 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.
c:\myfiles\Forms\PeRort anceSond.wpd
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05!10100
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.
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Executed this ..kith day of April 2003 , at &ijgSp�C
man—Bernardino California. p
ICly-alma �,D�/+wuti
PRINCIPAL
APPROVED AS TO FORM:
By � J -)I4 �.=
John . Shaw, City Attorney
(NOTARIZATION AND SEAL
SURETY
American Contractors Indemnity Company
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QTARIZATION AND SEAL)
Janelle L. Miller, attorney—in—fact
c:\myfiles\forms\Pertorm nc Sond.wpd -2- 05/10/00
AAmerican Contractors Indemnity Company
9841 Airport Blvd., 9th Floor, Los Angeles, California 90045 06-2815
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That American Contractors Indemnity Company of the State of California, a California corporation does hereby appoint,
Janelle L. Miller
Its true and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts
of indemnity and writings obligatory in the natuFe h�rereof, issued in the course of its business and to bind the Company thereby, in an
Amount not to exceed$ 1,500,0od I This Power of Attorney shall expire without further action on
September 27, 2005.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted
by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6th day
of December, 1990.
"RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have
the power and authority
To appoint Attorney(s)-in-Fact and to authorize them to execute on behalfofthe Company, and attach the seal ofthe Company thereto,
bonds and undertakings, contracts ofindemnity and other writings obligatory in the nature thereofand,
2. To remove, at any time, any such Attorney-in-fact and revoke the authority given.
RESOLVED FURTHER, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate
relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and
binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the
Company in the future with respect to any bond or undertaking to which it is attached."
IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its
President on the 1st day of September, 6000.
AMERICAN CONTRACTORS INDEMNITY COMPANY
IN(ORPOMIF�i!GfLN6�
SEPT.26,1990 �
s By:
-Qi.11,'• Andy T. Faust, Jr., Corporate President
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On this 1st day of September, 2000 before me personally came Andy T. Faust, Jr., Corporate President of American Contractors Indemnity
Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing
instrument and affixed the seal of said corporation thereto by authority of his office.
WITNESS my hand and official seal
orm� a J. Vugilto, Notary
NORMA J.VIRGILIO
Commluion a 1322310 i
Notary Public - California i�
Los Ange W County
IOMVCWmr I lisp27,2W5
I, JAMES H. FERGUSON, Corporate Secretary of American Contractors Indemnity Company, do hereby certify that the Power of
Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof
and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect.
IN WITNESS HEREOF, I have hereunto set my hand this 11th day of April 2003
Bond No. 116250
Agency No. 9006
JAMES W. FERGUSON, Vorporate Secretary
rev. POA04120101
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
I ss.
County of Los Angeles
On April 11, 2003 before me, B. Caindec. Notary Public
Date Name and Title of Officer bcg.,'Jane Doe, Notary Public')
personally appeared Janelle L. Miller
Name(s) of Signer(s)
B. CAINDEC
Comm. No, 1262521 M
@ NOTARYPUBLIC-CALIFORNIA s
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V LOS ANGELES COUNTY
] My Comm. Exp. May 28, 2004
Place Notary Seal Above
EXpersonally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the personp) whose nameW is/XHK
subscribed to the within instrument and
acknowledged to me thatbi;/she/MM executed
the same in il6Wher/tESKK authorized
capacity, and that by Xfher/iiiOiiX
signature(l) on the instrument the personlRi;), or
the entity upon behalf of which the person(%)
acted, executed the instrument.
WITNESS my a d official,seaL__\
ure of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(jgjej Claimed by Signer
Signer's Name: Tanel l e T.- M
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner —❑ Limited ❑ General
a Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Number of Pages:
Signer Is Representing: American Contractors Indemnity Company
RIGHTTHUMBPRINT,
OF SIGNER
V 1999 National Notary Aseaciatwn • 9350 De Sato Ave.. PO. Box 2402 • Chatsworth, CA 91313-2402 • w.vw n900nal,otaryorg Food No. 5907 Fertile, Call TollFr.1 WO-e)6£B29
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of ZM/7 1)140 ss.
On 14 11Ae l.VV7 before me, WY 95S-VCL l WAV X'4�4` ,
Date Name and Ttle of Officer (a,. "Jane Doe. Notary Public')
personally appeared QON111f 4("P/follA
Neme(s) of Signer(s)
OFFICIAL SEAL
SETH ESSENFELD
NOTARY PUBLIGCALIFORNIAA
Lip COMM. NO. 1341005
SAN DIEGO COUNTY r
MY COMM. EXP. FEB. 20, 200155 r
I I personally known to me
proved to me on the basis of satisfactory
idence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged 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 persorl or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:_N A/Iif W,93 Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
C Individual Top of thumb here
C Corporate Officer—Title(s):
G Partner — 0 Limited ::1 General
0 Attorney -in -Fact
J Trustee
_I Guardian or Conservator
C Other:
Signer Is Representing:
01999 National Notary Ace0Pation • 9350 De Soto Ave PO Box 2402 • Cbatswortb, CA 91313-2602 • www na6onalnotary org Pmd No. 5907 Reorder Call Toll Free 1.900076-6gr'