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1994-0224_FORD DEVELOPMENT_Surety Agreement• 0 THIS AGREEMENT is made by and between the CITY OF SAN JUAN CAPISTRANO, a municipal corporation, hereinafter referred to as the "City" and FORD LEASING Delaware CEVELCPRENr G:WVANY, a M e4gg Corporation, referred to as "Developer". WITNESSETH WHEREAS, City will issue Grading Permit No. 32012 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 32592 Valle Road, San Juan Capistrano, cormionly referred to as San Juan Linocln Mercury. WHEREAS, San Juan Capistrano Municipal Code 8-2.05 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 8-2.06 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 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. -1- 0 0 2.Developer's Security. Developer shall provide a 1) letter of credit, 2) a bond by a duly authorized corporate surety, 3) a passbook savings account, 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 $35,000.00 for that work described in Exhibit "A". This security of $35,000.00 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 -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 8-2.06 allows the City to require bonding a security to ensure against adverse aesthetic impacts arising from incompleted 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: I.Dismantle and/or demolish improvements; 2.Grade property to its original contours as shown on the grading plan referred to in Exhibit "A"; 3.Remove all debris and construction materials from the site; and 4.lnstall erosion control, including hydroseeding, to the satisfaction of the Building Official. -2- 0 0 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 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. In Witness Whereof, the parties have executed this agreement as of 1455-6 . 2� , 1994 at San Juan Capistrano, California. Developer For Leasing Development One Parklane Boulevard Suite 1508 East Dearborn, Michigan 48126 By: Ford Leasing Development Co. Its: Vice President Approved as to Form: By: Richard K. Denhalter City Attorney�r� City of San Juan Capistrano By: Q/Daniel W. McFarland Building Official -3- EXHIBIT "A" ITEM 1: Construction of all on-site grading (cut, fill and slope stabilization) operations in accordance with Grading Permit No. 32012 and the Developer's plans and supporting documents as listed below: (A) Grading Plan for San Juan Lincoln Mercury , dated October 5, 1993 prepared by Engineering Design Center J.W. Appleget, P.E. RCE No. 27491 (B) Geotechnical Report for San Juan Mercury dated April 9, 1993, revised February 2, 1994 prepared by John A. Sayers and Associates John Sayers No. CEG 907 ITEM 2: Construction of all on-site improvements in accordance with Grading Permit No. 32012 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 City Engineer. -4- EXHIBIT "B" SCHEDULE FOR COMPLETION OF IMPROVEMENTS Completion Date Task July 22, 1994 Rough Grade Certification July 22, 1994 Landscape Irrigation July 22, 1994 Landscape Planting -5- EXHIBIT "C" 0 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. 32012. B. Grading operations shall commence within fourteen (14) calendar days after issuance of Grading Permit No. 32012. 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. Except as specified in "F" below, suspension in excess of twenty (20) working days of work authorized by Grading Permit No. 32012, including erosion -control measures and landscaping and irrigation, shall constitute default of this agreement. D. 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 "F" below), shall be filed with the Building Official. This interim report shall conform to the grading code requirements for Final Compaction Reports. E. Contractor shall control dust to satisfaction of Building Official or his deputy. During grading, Contractor shall keep water truck on site and dampen work area, grounds, and loaded trucks. F. Grading operations suspended during the rainy season shall be resumed no later than 15 days from date of suspension. G. 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. H. All work shall be performed in strict observation of the Hours of Operation in accordance with San Juan Capistrano Municipal Code Section 8-107. 1. Contractor shall adhere to conditions of haul route permit and encroachment permit issued by the City Engineer. J. Parking for construction crew is to be on site. -7- STATUTORY PERFORMANCE BOND Premium: $175.00 BOND NO.: +40-00-30 KNOW ALL MEN BY THESE PRESENTS, tliAt cord L,-�in i%e.' i 1n111 t1t 0111111:)i{IIL, illi 1L]_'L131'111i1f„ I1F`1'F'1131ytYL _%Y111'i �_ \ 17.Ilr RAC OR iilll:l P11 -'F` (Iltil "N 111:'h C1,111JIL I1- 1 1Ft c>ll RC1l aIIll final}boi llid_ 1L Ltr1> tht-- Its 1.-,f TiiFlit ;.-?1?l9t_3`Ft[KI yy /11e1d 1%1111 ef`F•, I1f-`I'f,']II%ILtYI" c'�lllr,-1 1_1T`I . 111 fit, 111111kjjlt of f' - t" p:ylJlli-lLt ItilLr`1 Y(If 1,11111_ L'%11,' t 1:IZ' ;_tj,l, ,lljl"Yty hind I_Il,11"`1 \'Yti, IIIY 11' 11 "'It"ti, r x t_(I L if li lt,I t,i st r t llr,, ur-,-@6.: li`4, i11 %'1SS 1 ja i Isp ,•Il lilt l" X1111 yt-`V F`L�N 111•-, f%+11'1V 1, v t1 e, l=• pI'1"_< F_` I l tti. 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Fl L1A i 11 r. wL 1, 1ti, it" L" iI l YI.111 L dill t• 111:, t�1'C�y j, fell 1'1:1LIi L"1_l1• NOW, THEREFORE, t1,e mind l_t inn] i ..1u'i-L t.1,et if Ill ille'iPi I s1,A i_1 1:1111611:1t Iv Hlid fa i t 11f1111v jll=rf�l L'jll .id %+art-erli1-11t, tilrl] till I11J1 iaat ion "hi 11 1lt_• 11i+11 :i (iii i%illi%; pth 1'w 1St' It c118 it, 111 �i11i foi'1`1' .11it Pffr'--t :i11ref wniv'.' ijbR .pvV i' legal ri,E+ilt it Iiinti iln l -r t ib 1'e lili"t" tllrtt H �tf`111faivl lr- llla"', flrgt A.e n.l SL t tll r• _'i111. 1J: cli p, BE IT FURTHF^n. RESOLVED, t}Lnt 1 .yti 8p, rt_ i'f t_lip 'l-,1 l £ri hill = jt_i"i i•1i I@I'�?11z , yIl<1 _!l add I t i ,I, t it t hi fs,'e a111i1 Llllt g ieC i i-�1"', , t. it P1 , 9ila1 i 11Y 11.!- Iii, tr-•ii Itirti an -1 t',AN n £+ liY Yki t -I es Ntv lY v, iit, lllllllte I attorney's fees, incurred by City in successfully enforcing such dill t'F'I It-,, i'YI%. i e 1a. jl It/I'F't t' 1111' �N111Y 1YFYjl�Y11,; IlY Y -Y'1( tir t 4,H'!. NCofi it �1, 1 Y Y .G I h. t It 1 e1 1it 1 it' F l "it ; N j i- - j N l- it dull tlfil -atinit if theCi1111t o<'t [li,i i,i111 E'7ttti �� l• C,f tli E' lapt'iv_ tir ijY 111- I'fi11'1" d t1.. C-r'r tllli r_I'; a 1:. 111 E, 11 �" 1.'%1 [- lfy Cfi--,.'tit id" e'At Blit c'. i,l_' 1=[ti$ hood, ait,! 1t ch -,eq It, r,I c.�a_l c�t- not 11='P i,f SUC'lt CII3I1�',: Y}'t Cli81Oij pf t 111@, aItl rafpi"] if; CH t. In t l5 ilf t I I i_illlt l>+i t :.lit<'tlpl r•11t3 V1' pf Wi�l�li t -p i„_ hi-L`fi1 Pt11Bi ti1,p PEd l.11lt)E't�. FseC'Utt,d tj i� --.1 4th ilac-,f F,-1>rtlarti i3 94. at '�a It Jt., z'11 fu i'll ia• Al t' FU AS T(-; TFOR'•9 FRi'tiC HPA, Ford Leasing Development Co. ht. E Siroskey Tit -� Vice -President C/: ''1. P. H,,miltc'n Tit tc- -tttuPltr t.�'lt National Fire Insurance Company of Hartford CNA For All the Commitmenu You Make* OffloUChieago• Illinois POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men by these Presents. That the NATIONAL FIRE INSURANCE COMPANY OF HARTFORD. a corporation Duty organized and existing under the laws of the State of Connecticut. and having its general administrative office In the City of Chicago. and State of IIImo6 Does hereby make, constitute -and appoint Jamie 0. Gi Pse ki ng. D_ D_ Tatum. D_ H_ Bryant D. F. ori ndla of uci its true and with tuts power sign. seal and execute in Its other obligatory instruments of similar nature - In Unlimited Amounts - and ano to Dmd the NAI IUNAL e1Kt iN�UPIAN" %.UIwrANr Ur mAN 1 rUKu [nereuy as iuiiy ani io ine same erten as li sucn insiruments were signer Oy the duly authorized officers of NATIONAL FIRE INSURANCE COMPANY OF HARTFORD and all the acts of said Attorney. pursuant to ine authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 21. 1955 by the Board of Directors of the Company. RESOLVED: That the President. an Executive Vice President or any Vice President of the Corporation may. from time to time acD0,rt DY written certificates. Attorneys -in -Fact to act in behalf or the Corporation in the execution of policies of insurance. bonds undertakings and other obligatory instruments of like nature Such Attorneys -in -Fact. subject to the limitations set forth in their respective certificates of aut7honil, shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The President. an Executive Vice President. any Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney -in -Fact. This Power of Attorney is signed and sealed by facsimile-tnrder and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the.14thd8y 01 May, 1964. RESOLVED: That the signature of the President, anExecuHve Vice President or a Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 21. 1955 and the signature of a Secretary or an Assistant Secretary -and the seal of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signatures and seal shall be valid and binding on the Corporation Any suer power so executed and sealed and certified by Certificate so executed and sealed. shall, with respect to any bond or undertaking to which it is attached. continue to be valid and binding on the Corporation. In Witness Whereof, the NATIONAL FIRE INSURANCECOMPANY OF HARTFORD has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed this 6th day o1 June 19 91 `� wwax NATIONAL FIRE INSURANCE COMPANY OF HARTFORD J. E. Punell Vice PrlSitlent ^QS la,--, (I ® 7 a State Of Illinois. County Of Cook, 55: On this 6th day of June 19 91 . before me personally came J E. Purtell. to me known who. bung by me duly sworn. did depose and say that he resides in the Village of Glenview. State of Illinois. that he is a Vice President of the NATIONAL FIRE INSURANCE COMPANY OF HARTFORD. the corporation described in and which executed the above instrument. that he knows the seal of said Corporation: that the seal affixed to the said Instrument is such corporate seat that it was so allixed pursuant to authority given by the Board of Directors of said corporation and that he signed h:s name thereto pursuant to like authority. and acknowledges same to be the act and deed of sad corporation. e t . Linda C. Demosey tary ublic My Commission Expires Oct b r 19e 1994 CERTIFICATE I, George R. Hobaugh, Assistant Secretary of the NATIONAL FIRE INSURANCE COMPANY OF HARTFORD. do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the Resolutions of the Board of Directors. set forth In said PO MIN! Attorney are still in forte. In to i ony whereof I have hereunto subscribed Dy name antl affixed the seal of the Said Company this �"vttt day of ebruary , tg 4 `O Z � George R. Hobau9n Assistant Se Lary 6-23142-C o ,..nom INV. NO. G•59201-8 • STATE OF MICHIGAN COUNTY OF WAYNE On this 14th day of February A. D., 19 94, before me appeared M. D. Hamilton to me y c personally known, who, being by me duly sworn, did say that he Is an authorized officer or Attorney -In -fact of NATIONAL FIRE INSURANCE COMPANY OF HARTFORD o Z 0 that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that the said o c� i instrument was signed and sealed on behalf of said corporation by authority of Its Corporate By -Laws, and T the said M. D. Hamil acknowledged that he executed said instrument as such authorized officer or Attorney -in fact and as the free act and deed ohgaid/corpofon / 1i ANO e�ry:Pu a vn�:�H�� x - 407 Mei commission expires I/ — PtInted In U.S.A. SAM,:.'': ➢".. r,. _ Not:^, ' Stab of Mid)igan 1 County of W (J) 0 0 5 U On this 18th day of February _,19 94 , before me personally appeared N. E. Siroskey E who being by me duly sworn, did depose and say: that he resided in 0 , to me known, Dearborn, Michigan a that he is the Vice President of the Ford Leasing Development Co. the corporation described in and which executed the above instrument; that he knew the seal of said corporation; that the seal affixed to said instrument was such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he signed his name thereto order. INS 8716 Jan 79 Notary Public JOANN 8MUV NoblyRkkWWW ( , to MY comm" fission f A4 6,1889 oz: za; U4 15:00 1'Ei 313 32J 7621 • 1 UxV LA.NL S1 CS. VGU�Q� j 001 '001 Fad baring DinnIo mail Company One Per(1ene Boulerrd, Sups 7500E P.O. Bm 6M DaarOaR Michigan 48121.6006 February 24, 1994 5 6 City of San Juan Capistrano Department of Building & Safety 32400 Paseo A.delanto RE�E� \1 San Juan Capistrano, CA 92675 ry C VEO Attn: Ms. Cathy Selstad FFF 21 Dear Ms. Selstad: 1�y4 N ` ca Subject: Permit Applications S.4"JUAiv San Juan Lincoln-Mercury l UAri,";,AN,) San Juan Capistrano, California p Ford Leasing Development company hereby authorizes Mr_ Jack Lanphere of J Lanphere Associates to act on its behalf in applying for all permits necessary for and relating to the construction of San Juan Lincoln-Mercury. Specifically Mr. Lanphere is authorized to sign all permit applications. Sincerely, \\ ff 4� Lee A. Vincent Dealership Real Estate operations Cc- J. Lanphere