Loading...
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 dMwr IAllllllllll • 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 �POWs "MAab—��Ia ��, COMM�90UNP1 sono r MOE American Contractors Indemnity Company SURETY Tan Kohoutek Title: Attorney -in -Fact (NOTARIZATION AND SEAL) �'�i•�"°�`a � ar•�o_ysi+ww M.ps.areeo ame,r an. �*�a ,mu�a,n� • 1 n 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. s cr..,vr sc 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- I C?G� ZZIO