1998-0526_EMERY, WILLIAM / JANE_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 William and Jane Emery,
owner/builders referred to as "Developer".
WITNESSETH
WHEREAS, City will issue Grading Permit No. 38365 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 11753, Lots 36 & 37, commonly referred to as 27701 & 27791 Goldenridge Lane.
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:
1. Developer's Improvements Obliga io s. 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 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 $42,000 for that work described in Exhibit "A". This
security of $42,000 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".
Surety Agreement Page 2
William & Jane Emery
27701 & 27791 Goldenridge Lane
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. 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.
• 0
Surety Agreement Page 3
William & Jane Emery
27701 & 27791 Goldemidee Lane
In witness whereof, the parties have executed this agreement as of 1998
at San Juan Capistrano, California.
Developer
Ch,1/1 �Lu1i1n,�
By: William & Jany Emery
Owneribuilders
Appro ed o 0
By: John . Shaw
City Attorney
City of San Juan Capistrano
By: Daniel W. McFarland
Building Official
0
Surety Agreement Page 4
William & Jane Emery
27701 & 27791 Goldenridge Lane
EXHIBIT "A"
Item 1: Construction of all on-site grading (cut, fill and slope stabilization) operations in accordance
with Grading Permit No. 38365 and the Developer's plans and supporting documents as
listed below:
(A) Grading Plan for Emery residence, dated 4/30/98, prepared by Heston -Reed,
J. S. Emery, RCE No. C31642.
(B) Geotechnical Report for Emery residence, dated 2/23/98, prepared by Zeiser Kling
Associates, Henry Kling, Hong Li, No. RCE 55806.
Item 2: Construction of all on-site improvements in accordance with Grading Permit No. 38365 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 Page 5
William & Jane Emery
27701 & 27791 Goldenridge Lane
EXHIBIT "B"
SCHEDULE FOR COMPLETION OF IMPROVEMENTS
Completion Date Task
6/24/98 Rough Grade Certification
3/15/99 Landscape Irrigation
(Per grading plans for erosion and silt control)
3/15/99 Landscape Planting
(Per grading plans for erosion and silt control)
0
0
Surety Agreement Page 6
William & Jane Emery
27701 & 27791 Goldenridge Lane
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. 38365.
B. Grading operations shall commence within fourteen (14) calendar days after issuance of
Grading Permit No. 38365.
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. 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 "E" below), 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.
E. Grading operations suspended during the rainy season shall be resumed no later than 15 days
from date of suspension.
F. 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.
E
Surety Agreement Page 7
William & Jane Emery
27701 & 27791 Goldenridge Lane
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.
I. Parking for construction crew is to be on-site.
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 (FAX)
January 26, 1999
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• nunmN 1961
1776
American Contractors Indemnity Company
9841 Airport Boulevard, Suite 1414
Los Angeles, CA 90045
Re: Bond 17756, Reduction Entry
Dear Sir:
0
MEMBERS OF THE CITY COUNCIL
COLLENE CAMPBELL
JOHN GREINER
MATT HART
GIL JONES
DAVID M. SWERDLIN
CITU MANAGER
This letter shall serve as authorization by the City of San Juan Capistrano to reduce William and Jane
Emery's performance bond number 17756 from Forty-two Thousand Dollars ($42,000) to Six
Thousand Dollars ($6,000). This reduced amount reflects the estimate to complete the remaining
work of the grading project covered by this bond. A copy of the bond is attached for your reference.
Sincerely,
Daniel W. McFarland
Building Official
DWF:cc
cc: Jane Emery
San Juan Capistrano: Preserving the Past to Enhance the Future
• • EXHIBIT "D"
Bond No. 17756
Premium: $840.00
STATUTORY PERFORMANCE BOND
KNOWALLMENRYTHFSEPRESENTS, that William and Jane Emery
as Principal, hereinafter called CONTRACTOR, and knariczn 0jtxacbxs InJmnity om[enY as
Surely, 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 -Two Thousand and 00/100 -----
Dollare
0/100-----
Dollace (S 42, 000.00----------) for payment whereof Contractor and Surety bind themselves,
their heirs, executora, administrators, suocessors, and assigns, jointly and severally, fairly by these
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 desc dbed as follows:
Grading property plan for Emery single family residence at
27791 Goldenridge Lane, San Juan Capistrano, CA 92675
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 retain 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:
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.
0 9
Statutory Performance Bond Page 2
ExeCuted this 21 st day of May , 1995 , at Fountain Valley
California.
APPROVED AS TO FORM PRINCIPAL William & Jane Emery
John S f
City Al uey Title: Uctm io
(NOTARIZATION AND SEAL)
9WAL"Mis
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��, COMM�90UNP1 sono r
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American Contractors Indemnity Company
SURETY
Tan Kohoutek
Title: Attorney -in -Fact
(NOTARIZATION AND SEAL)
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American Contractors Indemnity Company
Los Angeles, California
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That AMERICAN CONTRACTORS INDEMNITY COMPANY, a California Corporation
(the "Company"), and having its principal office in Los Angeles, California does hereby constitute and appoint:
—41 MMti,ra:�
as its true and lawful Attomey(s)-in-fact, in amount of $ 1.500,000.00, to execute, seal and deliver for and on its behalf as surety, any
and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may
be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance
of thi'se presents, shall be as binding upon the said AMERICAN CONTRACTORS INDEMNITY 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 office.
Ibis Power of Attorney is executed, and may be certified to and may be revoked pursuant to and by authority of resolutions adopted by the Board
of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY, at a meeting 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 power and authority.
1. To appoint Attomey(s)-in-fact and to authorize them to execute on behalf of the Company, and attach the Seal of the Company
thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and,
2. To remove, at any time, any such Attorney-in-fact and revoke the authority given.
RESOLVED FURTHER, that the signature of such officers and the seal of the Company may be affixed to any such power of attorney or
any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or far -simile 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, AivfERICAN CONTRACTORS INDEMNITY COMPANY has caused this instrument to be signed and its
corporate seal to be affixed by its authorized officer this 27th day of October 19 97
rntPOITM
uA.'viERICANCONTRAGT���f/ hPANY
sss/// = By,26,199(1 Andy Faust, President
STATE OF CALIFORNIA--
COUNTY OF LOS ANGELES
On October 27. 1997 before me, B. Caindec personally appeared Andy Faust
personally known to me 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
WITNESS my hand and official seal. B CANDEC
CartnttttortllWl9S0
_� e COX"
-- jelly carat(. EMay 2LCERTIFICATION 2000
--
1, the undersigned officer of AMERICAN CONTRACTORS INDEMNITY COMPANY do hereby certify that I have compared the
foregoing copy of the Power of Attorney and affidavit. and the copy of the resolution adopted by the Board of Directors of said Company
as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that same are
correct transcripts thereof and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full
force and effect.
IN TESTIMONY WHEREOF, I have hereunto set my hand this 21st day of May -.1998
CALIFORNIA ALL-PURPOSMACKNOWLEDGMENT •
State of California
County of Los Angeles
On May 21r 1998 before me, B Caindec, Notary Public
Date Name and Tale of Officer (a g,, "Jane Doe. Notary Public")
personally appeared
Names) of Signers)
apersonally known tome – eR e-preved-terrme eit illie basis of sallisfoetery eviell to be the person*..
whose name(sHs/are subscribed to the within instrument
and acknowledged to me that he/skeAhey executed the
same in his/herAAheir authorized capacity(ie*, and that by
his/herftheirsignature(e) on the instrument the person(s),
or the entity upon behalf of which the person(*acted,
executed the instrument.
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Cbmrnk&im Yl09899O
Notay Rblic—Canorliu
Loll; A Qelw Camty
My Corril EXPOWMmr ae.wcu
WITNESS my f)afid and yff�Ci2i seal.
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(ie* Claimed by Signers}
Signer's Name:
Tom Kohoutek
❑ Individual
❑ Corporate Officer
Title(s):
❑ Partner — ❑ Limited ❑ General
121 Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing
American Contractors
Indemnity Company
RIGHT THUMBPRINT
OF SIGNER
0
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer
Title(s):
❑ Partner — C Limited
❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
0 1995 National Notary Association • 8236 Rommel Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod No. 5907 Reordec Call Toll -Free 1-800-8]8-882)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Olt/FO PV/ 4
County of
ex Jill r
On MRy ZZ, 11q9 before me, RkIMGVDA �,5P6"sdVeKN&MOI e, NOTi}Qy
Data Name and Title of Officer (e.g..'Jame Doe, Notary Publid)
personally appeared N�tI�lAN1 A4tQ �Qhe t;lrterul
Nemeis) of ,gner(s)
❑ personally known to me - OR - �4roved to me on the basis of satisfactory evidence to be the persons)
whose names) is/ire subscribed to the within instrument
and acknowledged to me that bd/skb/they executed the
same in eiis/ber/their authorized capacity(ies), and that by
PA/Mer/their signature(s) on the instrument the person(s),
E9PB10r►vB�OB� or the entity upon behalf of which the person(s) acted,
(pmlrlons111Q211 executed the instrument.
NdavRtic—coomft
110milfccirimbonsep'.2m r WITNESS my hand and official seal.
r signature of Not.,
OPTIONAL
Though the information below is not required bylaw, 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: 5T47UT-0" P6-0a-MATIC& $OND
Document Date: MA -11 21 1 l g q 8 Number of Pages: 2
Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: William E
1,T Individual
❑ Corporate Officer
Title(s):
❑ Partner — ❑ Limited
❑ Attorney -in -Fact
❑ Trustee
❑ General
❑ Guardian or Conservator
I ! Other:
Signer Is Representing:
A1m5elF as Qt'11,t,-
AMOn/E
Signer's Name: W al E meYi-'
❑✓Individual
r
Corporate Officer
Title(s):
Partner —E] Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
kfse( QS Owreif�
RIGHT THUMBPRINT
OF SIGNER
t 1995 National Notary Association • 8236 Rommel Ave., PO. Box 7184 • Canoga Park, CA 91309 71 84 Prod. No. 5907 Reorder Call TollFree1-800-876-6827
ANN-
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