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22-0830_LS-SAN JUAN LLC LANDSEA HOMES_Grading Surety AgreementE) ORIGINAL GRADING 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 LS -SAN JUAN LLC LANDSEA HOMES, hereinafter referred to as "Developer." WITNESSETH WHEREAS, City will issue Precise Grading Permit No B22-0580 to Developer to construct certain designated improvements upon a portion of that real property located on Tentative Tract Number 18148 in San Juan Capistrano, CA, San Juan Capistrano, CA, such work being commonly referred to as Tirador ("Project"). WHEREAS, San Juan Capistrano Municipal Code Section 8-2.08 requires the posting of financial security to secure the faithful performance for the grading and installation of related improvements connected with issuance of grading permits including the construction of drainage and protection devices and any other corrective work to remove and eliminate engineering and geological hazards. WHEREAS, San Juan Capistrano Municipal Code Section 8-2.09 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 Project depicted on the plans entitled "PRECISE GRADING PLAN FOR AMENITIES OF TRACT NO, 18148" as approved by the City Engineer, on August 8, 2022. The grading permit and plans, which describe all the work to be constructed pursuant to this Agreement, are on file in the office of the City's Building Official. Grading Surety Agreement, Permit #B22-0580 Page 1 of 10 61147.02100124835741.2 2. Developer's Security. Developer shall provide a cash deposit, irrevocable letter of credit, certificate of deposit or a bond by a duly authorized corporate surety subject to the approval of the City Attorney, or as approved by the City Engineer, to secure Developer's improvement obligations required under this Agreement ("Security"). The amount of the Security shall be $88,695 for all onsite grading improvements as approved by the City Engineer. This Security shall also serve as security for restoration of the Project site. A copy of the performance bond form, as approved by the City Attorney, is attached hereto as Exhibit "C" and incorporated herein by this reference. Copies of approved irrevocable letter of credit forms and certificate of deposit form are available upon request. 3. Completion of Improvements. To ensure the protection of the public safety, health and welfare, Developer shall construct the Project in accordance with the schedule as set forth in Exhibit "A", and the conditions as set forth in Exhibit "B". Exhibits "A" and "B" are attached hereto and incorporated herein by this reference. 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 and San Juan Capistrano Municipal Code Section 8-14, or abandons the Project site, or suspends work for more than twenty (20) working days without written approval of the City, City shall have the right to immediately declare a default and to make demand on Developer's surety for performance of all obligations under this Agreement. 5. Restoration of Site. San Juan Capistrano Municipal Code Section 8-2.09 allows the City to require bonding as security to ensure against adverse aesthetic impacts arising from incomplete grading, drainage and/or improvements which includes illicit non - storm drain water discharge. The purpose of this security shall be to restore the property to a safe and acceptable condition in the event 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 approved grading plans. C. Remove all debris and construction materials from the site; and Grading Surety Agreement, Permit #822-0580 Page 2 of 10 61147.02100\24835741.2 D. Install erosion and silt control devices, including 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 coverings or treatments to satisfaction of the Director of Engineering and Building. E. Protection and repair of existing public street, water, sewer and storm drain system(s). 6. Attorney's Fees. Developer agrees to pay City such sum as the court may judge 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 the 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 Project. 8. Liability. City, its officials, officers, employees, agents, and volunteers shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of Developer, its agents or employees in the performance of this Agreement. Developer further agrees to protect, indemnify, and hold harmless City, its officials, officers, employees, agents, and volunteers from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, the alleged acts or omissions of Developer, its agents or employees in the performance of this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design or construction of the Project. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said Project, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction of drainage systems, streets and other improvements. SIGNATURES ON FOLLOWING PAGE Grading Surety Agreement, Permit #B22-0580 Page 3 of 10 61147.02100124835741.2 SIGNATURE PAGE TO GRADING SURETY AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND LANDSEA HOMES IN WITNESS WHEREOF, the parties have executed this Agreement as of CITY OF SAN JUAN CAPISTRANO By. Ja es Wiatrak, uilding Official Dated:U�3b12422- ApprovqdAs to Form: By: 3 City 4orney 2022 LS -SAN JUAN LLC By: Printed Name Shannon Whittaker Title AVP By: Printed Name Tom Baine Title Division President Grading Surety Agreement, Permit #B22-0580 Page 4 of 10 6114702100,7,4835741 2 EXHIBIT"A" SCHEDULE FOR COMPLETION OF IMPROVEMENTS Task Completion Date TASKS ANTICIPATED COMPLETION DATE Complete Rough Grading: Complete Onsite Storm Drain: October 2022 Start & Finish Soils Stabilization work: Complete Curb & Gutter: October 2022 Walks, Railings & Fences: October 2022 A/C Paving November 2022 Grading Surety Agreement, Permit #B22-0580 Page 5 of 10 61147.02100124835741.2 EXHIBIT"B" CONDITIONS FOR COMPLETION OF IMPROVEMENTS 1. The grading for this project shall be in strict conformance with the grading plans as well as the San Juan Capistrano Municipal Code. 2. Grading operations shall commence within sixty (60) calendar days after issuance of Grading Permit. 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 sediment 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. 3. Suspension in excess of twenty (20) working days of work authorized by approved grading plans and grading permit for subject property, including erosion and sediment control measures and landscaping and irrigation, shall constitute default of this agreement unless Developer has received approval from the City authorizing a suspension in excess of twenty (20) days. 4. 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 Grading Surety Agreement, Permit #B22-0580 Page 6 of 10 61147.02100124835741.2 filed with the Building Official. This interim report shall conform to the grading code requirements for final compaction reports. 5. 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. 6. Grading operations suspended during the rainy season shall be resumed no later than 15 days from date of suspension termination unless the Developer has received approval from the City authorizing a suspension in excess of fifteen (15) days. 7. Installation of interim erosion and sediment 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 sediment controls devices, planting, landscaping and irrigation systems shall be installed prior to final inspection of the grading permit. 8. All work shall be performed in strict observation of the Hours of Operation in accordance with San Juan Capistrano Municipal Code Section 8-1.03. 9. Contractor shall adhere to conditions of haul route permit and encroachment permit issued by the City Engineer. 10. Parking for construction crew is to be on-site. 11. Exoneration of Security: Developer's security shall be reduced to 90% upon signoff of precise grading permit. The remaining 10% of the security given by Developer shall not be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. Nothing herein shall limit the City's rights or the Developer or surety's obligations under this Agreement. 12. Warranty Period: 1 year from permit signoff by City. Grading Surety Agreement, Permit #B22-0580 Page 7 of 10 61147.02100124835741.2 BOND NO. PB03010408854 INITIAL PREMIUM: $443.00 SUBJECT TO RENEWAL GRADING SURETY AGREEMENT PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: WHEREAS the City of San Juan Capistrano ("City") and—LS-San Juan LLC ("Principal"), have executed an agreement for work consisting of, but not limited to, the furnishing of all labor, materials, tools, equipment, services, and incidentals for all grading and installation of related improvements for Tract Map Nos. _18148 ("the Work"); WHEREAS, the Work to be performed by Principal is more particularly set forth in that certain Grading Surety Agreement dated , 20 ("Agreement"), which Agreement is incorporated herein by this reference; and WHEREAS, Principal is required by the Agreement to provide a good and sufficient bond for performance of the Agreement, and to guarantee and warranty the Work performed thereunder. NOW, THEREFORE, Principal and Philadelphia Indemnity Insurance Company as surety ("Surety"), a corporation organized and existing under the laws of the State of Pennsylvania, and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City in the sum of Eighty Eight Thousand Six Hundred Ninety Five dollars ($88,695.00), for which amount well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such, that if Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, agreements, guarantees, warranties and provisions in the Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning, and shall indemnify and save harmless City, its officers, employees, and agents, as therein stipulated in the Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby, and in addition to the face amount specified therefor, 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. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Agreement, or to any plans, profiles, and specifications related thereto, or to the Work to be performed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Agreement, or to the Work or to the specifications. Grading Surety Agreement, Permit #B22-0580 Page 8 of 10 61147.021MUM 741.2 IN WITNESS WHEREOF, the seal, if any, and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attomev-in-Fact at Irvine this ath day of August 20 22 . LS -San Juan LLC Principal By: WYYY/Yl s� ►ntN+ W h ii'�t 1'�✓ (print name) Philadelphia Indemnity Insurance Company Surety By: OF Attorney -m -Fac Martha Barreras :.. (print name) NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION BY PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF ATTORNEY TO LOCAL REPRESENTATIVES OF THE SURETY MUST BE ATTACHED TO THIS BOND. Grading Surety Agreement, PermR #1322-0580 61147.02100`,24835741.2 Page 9 of 10 Notary Acknowledgment A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF Jel On 1 20a before me, P.r ( �_ Ql I IGh Notary Public, personally appeared S 1Aayl }10n W h i fi a ked who proved to me on the basis of satisfactory evidence to be the person(�4 whose name(0 ' are subscribed to the within instrument and acknowledged to me that he/they executed the same in his140their authorized capacity(ies), and that by his& their signature(p) on the instrument the person(a), or the entity upon behalf of which the person(} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. TENRI L. -CalW WITNESS my hand and official seal. _ Notary RI L. -California 0,ante County _ ` • Co.mkl n a 2172997 `" ry Comm. E.ji, Dec Z..'2'022 ' Signature of Notary Public la 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. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ Individual ❑ Corporate Officer or ❑ Partner(s) ❑ Limited ❑ General ❑ Attorney -In -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: Signer is representing: Name Of Person(s) Or Entity(ies) Grading Surety Agreement, Permit #622-0580 Page 10 of 10 61147.02100124835741.2 ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange } On AUG 0-8 2022 personally appeared before me, Gina L. Garner. Notary Public I TSM . anatile0 ,. 0 "ear Martha Barreras who proved to me on the basis of satisfactory evidence to be the person6w whose name) is/m subscribed to the within instrument and acknowledged to me that be/she/fty executed the same in bis/her/their authorized capacityoesk and that by )TWher/2mir signature(* on the instrument the person(Q, or the entity upon behalf of which the personal acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. GINA L. GARNER WITNESS my hand and official seal. o Notary Public - CalHornfa OrangeCounty Commission g 2361777 y Comm. Expires !un 18, 2025 ' Notary Public Signature (Nobly Pubic Seal) e ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Tlnh jar- complies ",oh cement CahIbre as sramrrt regarding ternary wording and. DESCRIPTION OF THE ATTACHED DOCUMENT if needed. should be completed andaaoched to the document. Acknot.edge ns from other stares may be completed far docunnrnts being sent to that state so long as the uordueg does me require the California mean to violate California notary Imr (Tile a description of allached doe rneri (ride or description of attached document conlinuad) Number of Pages Document Date_ CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) Q Attomey-in-Fact ❑ Trustee(s) ❑ Other 2015 Version www.NcetarlClasses.com 800-877-9865 State and County information most be the State and County where the document signens) personally appeared before the notary public for acknowledgment. Date mf..cm.tic, must be the dote that the sigmir(s) personally appeared which must also be the same date the acknowledgment is completed. The notary public must print his or her time as it appears within his or her commission followed by a comma and then your title (notary public). Print the neon) of document sigriens) who personally appear at the time of meanratiun. Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. heshc'ere)y- is %are ) in circling the correct forts. Failure to correctly indicate this information may lead to rejection ofdocumem recording. The notary seal impression must be clear and photographically rproducible Impress. most not cover text or lines. If seal impression smudges, re-s®I if a sufficient area permits, otherwise complete a different acknowledgment form. Signature of the notary public most match the signature on fele with the office of the county clerk. P Additional information is not required but could help to ensure this acknowledgment is tax misused tar attached to a different document. G Indicate title or type of atwhed document, nuenber of pages and date. 4 Indicate the capacity claimed by the signer. If the claimed capacity is a corporate offices. indicate the title (i.e. CEO, CPO, Secretary). Securely mach this document to the signed document with a staple PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Platz, Suite 100 Bala Cynwyd, PA 19004-0950 Power ofAttoraey KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing a der.the laws of the Commonwealth ofP.em sylvania, does hereby constitute and appomtJANINA MONROE, THOMAS G. MCCALL, TRsIOTIY 7. NOONAN, MICHELLE HAASE AND MARTHA BARRERAS OF LOCKTON COMPANIES, LLC, its true and lawful Attorney -m -fact with full authority to mcecute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed 550.000,000. Ibis 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 PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14u of November, 2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: G)AppointAttomey(s)Pn Fact and authergn the Attorney(s)in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof andto attach the seal of the Company thereto; and (2)to remove, at any time, any such Attorney -in -Fact andrevoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affaed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and calitied by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertalcing to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY" INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFUMD BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH, 2021. `�y�r412Y�6 y O i Fih1 W O� _ V ($cal) Joh Glomb. President & CEO Philadelphia Indemnity Laurance Company On this 5'" day of March, 2021 before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly aD'ised. eamoaneaalen of V4nruylraNn Notary S W Ymaasa tAeken>1e, Notaryi'ub& MgMOomaryCounty My=x&m1onaxp1Tm NovemberJ, 2024 Commission number 1366394 xe¢ev. varmyw4 :aA rsotivEen a NetaMa Notary:Public: V Qyl�ddr 1 r r�1� e.v�. �cfL residing at Bala Cynu-A PA My commission expires: Novaubcr3, 2024 I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attorney issued pursuant thereto on the 5 ° day Much, 2021 are true and correct and are still in full force and effect I do further certify that John Glomb, who execumd the Power of Attorney as President was on the dam of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY. In Testimony Whereof I have subscribed my name and affixed the facsimile scal of each Company this 8th day of August 2022 lll111 Its I s27:E ^ } Edward sayago; 6arpomte secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY