00-0918_LASSEY, KARL I_Surety AgreementY
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 Karl I. Lassey, an
Owner referred to as "Developer".
WITNESSETH
WHEREAS, City will issue Grading Permit No. 42577 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 La Calma Road, commonly
referred to as Lassey Residence.
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 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
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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 $4760 for that work described in Exhibit "A".
This security of $4760 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 "U.
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, tothe satisfaction
of the Building Official.
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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 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
September 18, 2000 at San Juan Capistrano, California.
Developer
y: (Signee)
(Title) 6G11NIE—
Hpprov a as t orm:
By: Jon Shaw
City Attorney
•Capistrano
DanielNJ
BuildingOfficial
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EXHIBIT "A"
Lassey Residence
Item 1: Construction of all on-site grading (cut, fill and slope stabilization)
operations in accordance with Grading Permit No. 42577 and the
Developer's plans and supporting documents as listed below:
(A) Grading Plan for Precise Grading for Lot 61 and Portions of 60 & 62
of Tract 4986, dated August 30, 2000, prepared by Morrison
Engineering , Inc., (Engineer) Joel G. Morrison, RCE No. 39788.
(B) Geotechnical Report for Slope Repair for Lassey Residence, dated
August 22, 2000, prepared by Ninyo and Moore, (Engineer) Randal
L. Irwin C.E.G. No.1521.
EXHIBIT "B"
SCHEDULE FOR COMPLETION OF IMPROVEMENTS
Completion Date Task
February 1, 2001 Rough Grade Certification
N/A Landscape Irrigation
N/A Landscape Planting
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EXHIBIT "C"
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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. 42577.
B. Grading operations shall commence within fourteen (14) calendar days after
issuance of Grading Permit No. 42577.
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 thewinterseason 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, 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.
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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.
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.
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• PERFORMANCE BOND 0
BOND# 071 S 103391038 BCM
KNOW ALL MEN BY THESE PRESENTS:
That Karl 1. iassey
as Principal, hereinafter called CONTRACTOR, and Travelers Casualty-
and
asualtyand Surety Company, of America , 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 1a_7rn nni
Four Thousand, Seven MMQed and sixty Dollars 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 September 18,
2000 , entered into a (describe agreement) Grading Surety
Agree neit with the City of San Juan CaPistranor for the project located at
32592 La Calms, which encompasses lots 60, 61 and G2 of Tract 4986.
which contract is by reference made a part hereof
NOW, THEREFORE, the condition of this obligation is such that,
if Principal shall 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
principal in the event of default.
BZ IT FURTHER RESOLVED, that:
1. 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
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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 modifi-
cation 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, alterations, or modifications of the contract documents or
of work to be performed thereunder.
Executed this 2n+h day of September §3 2000 ,
at San.3ir i� Povn. wX�C l i�k$X
PRINCIPAL
rl I. Lassey
APPROVED AS TO FORM. (NQ'ARIZATION AND SEAL)
Q�S_
City At ox ey
SURETY
Travelers Casualty and Surety Company
of Am e a
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dward a os Atty-in act
( OfARIZATION AND SEAL)
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Page 2 - PERFORMANCE BOND
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ACKNOWLEDGMENT--ORDINARY I TRACY JAMES
,�`t-,`f, OF NlASHINGTON
STATE OF WASHINGTON ss. NT AY-- PUBLIC
County of V` MAI T 0 COMMISSION EXPIAES5-23-04
On this day personally appeared before me w
to me known to be the individual _ described in and who executed the within and foregoing instrument and
acknowledged to me that �_ signed the same as VwY free and voluntary act and deed for the
purposes therein mentioned. hh KA -
Given under my hand and official seal this oC of
T.cf" !I'M S,
Notary Public in and for the State of Washington, residing at
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TRAVOP CASUALTY AND SURETY COMPANY rgNP RICA
INUVELERS CASUALTY AND SURETY CONVERY
FARMINGTON CASUALTY COMPANY
Hartford, Connecticut 06183-9062
TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS
Naperville, Illinois 60563-8458
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, a
corporation duly organized under the laws of the State of Illinois, and having its principal office in the City of Naperville, County of
DuPage, State of Illinois, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make,
constitute and appoint: Joseph S. Calvelli, Armand Manka, Sharon Stolle, Margaret Strowd, Elizabeth A. Lockman or
Thomas Edward Avalos " "
of San Antonio, TX, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and
acknowledge, at any place within the United States, or, if the following line be filled in, within the area there designated
the following instrument(s):
by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the
nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto
and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers
of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and
confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now in full force and effect:
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact
and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe
to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in
the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such
appointee and revoke the power given him or her.
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President
may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is
in writing and a copy thereof is filed in the office of the Secretary.
VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any
Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any
Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if
required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her ccrtifrcate or their certificates of authority or
by one or more Company officers pursuant to a written delegation of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following
Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and
TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, which Resolution is now in full force and effect:
VOTED: That the signature of each of the following officers'. President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any
power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for
purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney
or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and
certified by such facsimile signature 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.
(8-97)
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