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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 �� Pnntetl on recycled paper i • 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 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, 0 9 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 f \ O of lt- / 61mr By: Mr. Robert Cormier Owner/Builder Approved as to Form: — Qlm� 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. 0 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) 0 0 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. 0 9 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 -1- 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. 1q ft 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 z f 4 _ 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 i 0 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 O 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 • 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'