1998-0603_MARRIOTT SENIIOR LIVIING_Surety Agreementrd
0
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 (FAX)
w ov sanj¢ancapistrano.org
November 13, 2003
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Marriott Senior Living Services, Inc.
Brighton Gardens of San Juan Capistrano
31741 Rancho Viejo Road
San Juan Capistrano, CA 92675
MEMBERS OF THE CITY COUNCIL
DIANE L. BATHGATE
JOHN S. GELFF
MATT HART
JOESOTO
DAVID M. SWERDLIN
INTERIM CITY MANAGER
PAMELAGIBSON
Re: Release of Bond — Grading Permit No. 38134/Travelers Bond No. 103628070
Dear Sir or Madam:
On October 28, 2002 the City's Development Services Manager authorized the release of
the Grading Bond for Marriott Brighton Gardens. The original Bond No. 02860774, was
replaced by Bond No. 103628070 on May 17, 2001. Our office erroneously released the
original bond.
This letter releases the replacement bond:
BOND NO. PURPOSE AMOUNT
Travelers
Bond No. Grading Permit No. 38134 $152,000.00
103628070
Enclosed is a copy for your records.
If you have any questions, please do not hesitate to call me at (949) 443-6308.
Very truly yours,
Meg Monahan, CMC
City Clerk
Enclosure
cc: Travelers Casualty & Surety of America; Dan McFarland, Building Official: Earl,
Cassidy & Schilling, Inc.
San Juan Capistrano: Preserving the Past to Enhance the Future
CONTRACT STATUS REP—AT
DATE: Febuary 4, 2003 RECEIVED
Travelers"
City of San Juan Capistrano3 FEB I 0 P 49 ADDRESS YOUR REPLY TO:
100
32400 Pasco Adelanto Ann Lyons, Bond
San Juan Capistrano, CA. 29675 Travelers Casualty and Surety Company of America
CI f Y l,i_ERK 14048 Park East Circle
SAN JUAN CAPISTRANO Chantilly, VA 20151
Phone: (703) 818-6647 Fax: (703) 818-6730
Bond No.: 103628070 Amount of Bond: $152,000.00 Date of Bond: June 3, 1998
Name and Address of Principal: Marriott Senior Living Services, Inc.
Description of Contract: Grading Permit No. 38134, Brighton Gardens of San Juan Capistrano 31741 Rancho Viejo Road
According to our records, contract for which above bond was given should be completed about: June, 2002.
Kindly furnish particulars indicated below.
RELEASED Yours truly,
DATE ! 0 Roo;?— Travelers Ca"ty and Surety Com�ty of America
////r
By
INITIA /} Ann Lyons, Attome ,i' act
PARTICULARS REQUESTED
Original Contract Price ....................... $152,000.00
Additions to Contract ........................ $
Total
Deductions from Contract ..................... $
Total Contract Price $
Payments received to date .....................$
Earned Estimates due ........................ $
Retainage Percentage Withheld ................. $ Total $
Amount of Contract Uncompleted $
If Contract Not Completed, probable date of
Completion is
If Contract Completed, please state Date of Acceptance
Remarks
Date , 200_ It is understood that the infomunon contained herein is furnished as a matter
of courtesy for the confidential use of the surety and is merely anexpression of opinion. his
also agreed that in furnishing this information, no guaranty or warranty of accuracy or
correctness is made and no responsibility is assumed as a result of reliance by the surety,
whether such information is furnished by the owner or by an architect or engineer as the
agent of the owner.
Owner:
By:
Title:
The language of this fonn is acceptable to the SAA
EARLY, ASSIDY & SCHILLING", INC.
INSURANCE - SURETY BONDS
EMPLOYEE BENEFITS - ESTATE PLANNING
V -i..
FAX TRANSMITTAL
Date: November 12, 2003
Time: 3:48:57 PM
To: Jennie Devries
Company: City of San Juan Capistrano
Fax Number: +1 (949) 493-1251„3000
Pages: 3
Subject: Grading Permit No. 38134
Jennie:
From:
Fax Number:
Phone Number:
Michele V. Way
240 864-8165
301 948-5800 x165
I was given your name as the person to contact about a release for a bond. If you are
not the right person, please pass this along.
.Attached is a letter from your office and our reply to it. We are trying to obtain a
release for Grading Permit No. 38134/Bond No. 103628070.
If this bond can be released, please fax us a letter to that effect as soon as possible.
P. quick response from you would be very much appreciated as we have been trying to
close the bond for some time.
'oc could reply on the Lottom of this cover sheet and fax it to (240-864-8165.
Thank you very much.
If you do not receive all of the pages as indicated, or if the pages are illegible, please contact us as
soon as possible.
p,.,o 1375 Piccard Drive, Suite 375 /%jR\ The Council
OSSU Rockville, MD 20850 �l`(\1�0%f�-/�- otlnburance
�� Agents & Brokers
Early, Cassidy & Schilling, Inc
1375 Piccard Drive, Suite:375
Rockville, NED 20850
Phone: (301)948-5800
Fax: (301)948-5959
Early, Cassidy & Schilling, Inc.
Business MEMO
To: Cathy DuCoing, Engineering Technician
City of San Juan Capistrano, CA
From: Michele Way, Bond Depai brient
Subject: Release of Surety Bonds for Brighton Gardens
Date: January 17, 2003
Early, Cassidy & Schilling, Inc is the Sun ety Banding Agent for Islaniott International, Inc Attached is a copy of
your letter to Marriott Inletnational, Inc concerning release of a Bond for Marriott Unfortuautely, the band
numbers which you reference do not belong to the same bond We have listed below the two bonds and their
description
We assume you wish to cancel Bond No U2954669 since you returned it to our office However, it is not clear that
the other bond, No 112860774, should be cancelled
Please be so kind as to fax us a response to our inquiry as to whether the work under U2960174 (Grading Pernhit
No 381:34) has been released
Old Band No. New Bond No. Amount 00Sefla1100 Of Work
U2854669 103675567 536,223 OD -Site Improvement for Sewer Lateral Sidewalk. Storm Drain
Lateral. Driveway and Street Lights
U28SU774 103628070 $152,000 Grading Permit No. 38134
Very truly your a,
Michele V Play
Bond Department
60 i 0
A w . Marriott International, Inc. Marriott Drive
Corporate Headquarters Washington, D.C. 20058
VIA OVERNIGHT MAIL
January 29, 2003
Christine A. Ruppert
Senior Counsel
301/380-0305
301/380-6727 Fax
Internet: christine.ruppertamarriott.com
Honorable John S. Gelff
Mayor
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, California 92675
Re: Transition of Briehton Gardens of San Juan Capistrano to Sunrise
Assisted Living Community
Dear Mayor Gelff:
Marriott International, Inc. ("Marriott") and Sunrise Assisted Living, Inc. (`Sunrise")
have entered into an agreement for the purchase of Marriott Senior Living Services, Inc. by
Sunrise. The transition of this community to a Sunrise Assisted Living community is expected to
occur at the end of March, 2003. Sunrise has informed Marriott that it anticipates hiring
substantially all of Marriott's employees. However, for your information Marriott hereby
provides notice that effective on or about close of business on March 28, 2003, it will cease its
operations at the Brighton Gardens of San Juan Capistrano, located at 31741 Rancho Viejo Road,
San Juan Capistrano, California 92675. This action is expected to be permanent and will result
in the termination by Marriott of approximately 117 employees. The affected employees have
no bumping rights but may post for other Marriott positions.
Please feel free to contact me if you have additional questions.
Sincerely,
Christine A. Ruppert
Senior Counsel
CAR:ap
78773vl/CAR
JAIi 3 10 2003
0
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 (FAX)
lvlrlv.sanjuancapistrano. org
October 28, 2002
Marriott International, Inc.
1301 Dove Street, Suite 500
Newport Beach, California 92660
Attention: Jill Pacho
Re: Release of Surety (Brighton Gardens/San Juan Capistrano)
Dear Ms. Pacho:
Statutory Performance Bond No. U2854669, issued by United Pacific Insurance and later
replaced by Travelers Bond No. 103628070, was given to the City by Marriott Senior Living
Services, Inc., to guarantee completion of improvements in the City's public right-of-way.
All required improvements have been completed and reimbursement to the City in the amount
of $7,611.42 for costs incurred to repair City landscape and irrigation facilities and to provide
electrical wiring to energize the street light installed by your contractor has been received.
Therefore, Travelers Bond No. 103628070 may be released effective this date.
If you have any questions, please do not hesitate to contact me at (494) 443-6350.
Very truly yours,
Cathy DuCoing,
Engineering Technician
CDC/cdc
enclosures
cc: Sam Shoucair, Senior Engineer
John Reynolds, Construction Inspector
Jack Galaviz, Public Works Manager
nnuc usE
us
AN
San Juan Capistrano: Preserving the Past to Enhance the Future
MEMBERS OF TME CITY COUNCIL
DIANE L BATHGATE
ODUJM CAMPBELL
JOHN S. GEIFF
WAIT HART
DAVID M. SWFADIIN
CITY MANAGER
Re: Release of Surety (Brighton Gardens/San Juan Capistrano)
Dear Ms. Pacho:
Statutory Performance Bond No. U2854669, issued by United Pacific Insurance and later
replaced by Travelers Bond No. 103628070, was given to the City by Marriott Senior Living
Services, Inc., to guarantee completion of improvements in the City's public right-of-way.
All required improvements have been completed and reimbursement to the City in the amount
of $7,611.42 for costs incurred to repair City landscape and irrigation facilities and to provide
electrical wiring to energize the street light installed by your contractor has been received.
Therefore, Travelers Bond No. 103628070 may be released effective this date.
If you have any questions, please do not hesitate to contact me at (494) 443-6350.
Very truly yours,
Cathy DuCoing,
Engineering Technician
CDC/cdc
enclosures
cc: Sam Shoucair, Senior Engineer
John Reynolds, Construction Inspector
Jack Galaviz, Public Works Manager
nnuc usE
us
AN
San Juan Capistrano: Preserving the Past to Enhance the Future
0 0
MEMORANDUM October 28, 2002
TO: Dawn Schanderl, Deputy City Clerk
FROM: Dan McFarland, Development Services Manag<IA�
SUBJECT: Release of Grading Bond, Marriott Brighton Gardens
This memorandum is authorization to release the grading bond posted by Marriott
International, Inc., Brighton Gardens, San Juan Capistrano. The grading and on-site
improvements have been completed in conformance with the approved plans and City
standards.
A copy of the Surety Agreement and Bond is attached for your information. If you have any
questions, please contact me.
Attachment
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March 4, 2002
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Marriott International, Inc.
Western Regional Office
1301 Dove Street, Suite 500
Newport Beach, CA 92660
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attention: Dan McFarland
Reference: Brighton Gardens, San Juan Capistrano
Dear Mr. McFarland:
We hereby request that the following Bonds be released. The Bonds were originally furnished for the
Brighton Gardens project which is located at 31741 Rancho Viejo Rd. in San Juan Capistrano.
The Bonds were originally furnished by Reliance and subsequently replaced by bond issued from
Travelers. I am furnishing the information on both to expedite their release:
Site Improvement Bond in th 152,000. Originally issued by Reliance, Bond #U2860774,
replaced by Travelers Bon 103628070.
Permit Bond in the amount of $36,223 originally issued by Reliance, Bond # U2854669, replaced by
Travelers Bond # 103675567.
Please release these bonds.
Sincerely, �/
11aaclt6
/jP
RECEIVED
MAR - 8 2002
BUILDING 01VISION
ti
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 Marriott Senior Living Services, Inc.,
a Delaware Corporation, referred to as "Developer".
WITNESSETH
WHEREAS, City will issue Grading Permit No. 38134 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
31741 Rancho Viejo Road, commonly referred to as Brighton Gardens of San Juan Capistrano.
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 I rovements 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.
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 $152,000 for that work described in Exhibit "A". This
security of $152,000 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
Marriott Senior Living Services, Inc.
Brighton Gardens of San Juan Capistrano
31741 Rancho Viejo Road
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. 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. Liabil . 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.
Surety Agreement Page 3
Marriott Senior Living Services, Inc.
Brighton Gardens of San Juan Capistrano
31741 Rancho Vieio Road
In witness whereof, the parties have executed this agreement as of (D/ , 1998
at San Juan Capistrano, California.
Developer City of San Juan Crapistran
D.
Building
By: Michael R. Ruffer Z l/
Executive Vice President, -
Marriott Senior Living Services, Inc.
Approved as to Form:
By: John R.w
City Attotey
Travelers"! '
TO: CITY OF SAN JUAN CAPISTRANO
SURETY BOND RIDER
32400 PASCO ADELANTO
SAN JUAN CAPISTRAN CALIFORNIA 92675
RE: Bond Principal: SENIOR LIVING SERVICES INC
Obligee: CITY OF SAN JUAN CAPISTRANO
Surety Co: United Pacific Insurance Co.
Surety Bond Number: U2860774
Bond Amount: $152,000.00
Type of Bond: Subdivision
The purpose of this Rider is to:
0
[X] CHANGE BOND NUMBER
U n of this Surety Bond Endorsement by all parties hereto, surety bond number U2860774 is changed to
103628070.
[X] CHANGE SURETY COMPANY
Effective June 03, 2001, Travelers Casualty and Surety Company of America("Travelers") replaces United Pacific
Insurance Co.("Reliance") as surety on the above referenced bond and, accordingly, agrees to be bound by the terms of the
above -referenced bond and to perform all of Reliance's obligations thereunder as if the above -referenced bond had
originally been issued by Travelers. The termination of liability under the Reliance bond is a condition precedent to the
change of surety. Upon execution of this Surety Bond Endorsement by all parties hereto, Reliance shall have no further
obligation or liability under the above -referenced bond.
❑ CONTINUATION CERTIFICATE
This certificate extends the life of the bond to . It is executed upon the express condition that the surety's
liability under said bond, together with this and all previous continuation certificates, shall not be cumulative and shall in
no event exceed the amount specifically set forth in said bond or any existing certificate changing the amount of said bond.
Signed, sealed and dated May 17, 2001.
Travelers Casualty and Surety Company of America
0
Paul J. Semanski, Vice Pres.
S-53530 6/00
United Pacific Insurance Co.
III rill W-46SM—M
r
George W. Thompson, Attorney -in -Fact
Travelers Casualty and Surety Company of America, Hartford, Connecticut 06183
Travelers Casualty and Surety Company, Hartford, Connecticut 06183
Farmington Casualty Company, Hartford, Connecticut 06183
Please direct any questions or correspondence to: Travelers Bond, 14048 Park East Circle, CHANITLLY, VA 20151
Attn: Peggy A Woods, (703) 818-6651, Fax (703) 818-6730
RELEASED. 9 Elthibit "D"
DATE In/ and No. U2860774
INITIA RY PERFORMANCE BOND
KNOWALL MEN BY THESE PRESENTS, that Marriott Senior Living Services, Inc.
as PIlnelpal, hereinafter called CONTRACTOR, and United Pacific Insurance Company 48
Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano,
as Obligee, heremaffer called CITY, in the amount of One Hundred Fifty Two Thousand and no/100
Dollars (S 152,000.00 ------- ) for payment whereof Contractor and Surety bind themselves,
their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these
presents.
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
pardoularly described as follows:
Grading Permit No. 38134, Brighton Gardens of San Juan Capistrano
31741 Rancho Viejo Road
NOW, TIiEMFFORE, 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 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.
BE 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 be taxed as costs
and included in any judgment rendered.
2. Said Surety, for value received, hereby stipulates and agrees that no change, e3d= on
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.
l
Statutory Pcrforntsnce Bond
Bond U2860774
Executed this jf'e—'0 dayo&WZ _.197 .at Bethesda, MD
APPROVED
Page 2
John Shaw U Michael R. Ruffer U v
Marriott
City Attorney Title: Fxerntive Virp President Senior Living
Services, Inc.
(NOTARTLATION AND SEAL)
OOmm R. WARRIREII
IMM PUBLIC STATE OF MARYIA#O
%CMAWSI a E*kn SWW*w 1.2001
United Pacific Insurance Company
SU
Title. Robert J. Duke, Attorney -in -Fact
(NOTARIZATION AND SEAL)
MARY PUBLIC $TATE OF MARRA16
mw Codon &*w* Swwnw 1.2001
RELIANCe. SURETY COMPANY
UNITED PACIFIC INSURANCE COMPANY
RELIANCE INSURANCE COMPANY
RELIANCE NATIONAL INDEMNITY COMPANY
ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Dal.
aware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, ars corporations duly organized under the laws
o." the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of
the State of Wisconsin therein collectively called "the Companies') and that the Companies by virtue of signature and seals do hereby make.
constitute and appoint Robert J. Duke., of Bethesda, Maryland their true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver for and
on their behalf, and as their act and deed any and all binds and undertakings of suretyship and to bind the Companies thereby as fully and to the
same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the
Companies and sealed and attested by one other of such officers, and hereby ratifies and confirms all that their said Aftorney(al-in-Fact may do in
pursuance hereof.
This Power of Attorney is granted under and by the authority of Article VII of the By -Laws of RELIANCE SURETY COMPANY,
RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which
provisions we now in full fora and effect, loading w follows:
AlrrK f VII - E%ECUnON Of BOND! AND 4.010MAIUNes
1. ill Board of Dbocto% to Pr.dw*. dt, Chdrmr M Uta Bard, wry Briar Me Praddwo, ver/ VI. Prmol"a or Aewtrs M. Pr.ytott r sew eller dwiarood N dr BeN M
Direete. over trove Pew, anti ttxtoorty to IN opoebtt Ana rryb14,Fom rte to aUhwre tlrn to ogmoo r both M ave CernNw, bade N retdrtekbp, racaamrer, eamraer m idanaity
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Tlaa Poww M Amey Y sprees rd rdtl by faoelmiN tndor sod M oohrdy M dr fagewirr reaMdan odap.d M de Eaootallo N Nrtreo CwMlitta. m tlr Bsri M OV.tan o awwt.
Ir aro Camprry, With Pacific 1.r Cotti w arta IlWres Nodarrl Indawft Camprw M Utwi ter Craver[ doted . m Fabrusey 36. 1904 W by de Ewwalw rd Rnrvd
Cemmie. d dr Berd m Dinataw M Rdioreo emery Cwnpww by Unwantae Crrra d . d Mrd[ 91, 1904.
-Reoolved Mat cid da,waaft of w dbemaro rd oNlora .Id Ito, W of the Comps may be dBded to wry der, Pow w M Arrant, or toy areficmo ,doing oorwo by
feodlttila,.d tow rrA Power of Afters, a com it cot barbs sim loainde W neureo or faeabNlo vel shot so ,did ona a oto Carerw sod toy tied[ Pow. .
rammed rd crdlled by fooimlN siarldV. tool I .d nha9 be -did rd bbiaire teat ere Craton, h the k tro wdh totem b toy bard a rdwtddra to wftGh a a
IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this February 1,
1998.
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e'•e'osYp._"w" FoiyL°P"` o' � „`��.S.G.F.OaeL.•`'e% •{ �'ea'r"✓ae� /( RELIANCE SURETY 'COMPANY
RELIANCE INSURANCE COMPANY
UNITED PACDIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITYCOMPA14Y
Awb
STATE OF Pennsylvania
COUNTY OF Philadelphia se.
On this, February 1, 1999, before me, Valencia Wortham, personally appeared David T. Akers, who acknowledged himself to be the Senior Vice
President of the Reliance Surety Company, and the Vice President of Reliance Insurance Company, United Pacific Insurance Company, and
Reliance National Indemnity Company and that as such, being authorized to do so, executed the foregoing instrument for the purpose therein
contained by signing the name of the corporation by himself as its duly authorized officer.
In witness whereof, I hereunto set my hand and official seal.
`° of V�llmc�r� iV5 'tam
OSacretarmy
al
PhilRZ;pp*rt,
otary Public Notary Public in and for the Stets of Pennsylvania _
Expires Philadelphia
1County
2000 Residing at Philadelphia
1, AnL COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMP^NY, and
RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above all foregoing is a true and correct copy of the Power of Attorney
executed by said Companies, which is still in full forts and effect. �} ,,,
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the seals of said Companies this.,* -0sy 19
vpaSEunerae••hYoa . ! >�Jr+••er! SFS' '�trJ��Seot/r. inE;OO6Ie.e.�L.i�rer
Secretary
00:4�z;0291---
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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 Marriott Senior Living Services, Inc.,
a Delaware Corporation, referred to as "Developer".
WITNESSETH
WHEREAS, City will issue Grading Permit No. 38134 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
31741 Rancho Viejo Road, commonly referred to as Brighton Gardens of San Juan Capistrano.
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 Obligation . 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 $152,000 for that work described in Exhibit "A". This
security of $152,000 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".
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Surety Agreement Page 2
Marriott Senior Living Services, Inc.
Brighton Gardens of San Juan Capistrano
31741 Rancho Vieio Road
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. 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. Li i ' . 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.
Surety Agreement Page 3
Marriott Senior Living Services, Inc.
Brighton Gardens of San Juan Capistrano
31741 Rancho Vieio Road
In witness whereof, the parties have executed this agreement as of 495/9 , 1998
at San Juan Capistrano, California
Developer Cit f S
y oan Ju apistran
By: Dame . Mc arlan
Building Official
By: Michael R. ��Ruffer
Executive Vice President,
Marriott Senior Living Services, Inc.
Approved as to Form:
By: John R.aw
City Atto ey
Ll
Surety Agreement Page 4
Marriott Senior Living Services, Inc.
Brighton Gardens of San Juan Capistrano
31741 Rancho Viejo Road
EXHIBIT "A"
Item 1: Construction of all on-site grading (cut, fill and slope stabilization) operations in accordance
with Grading Permit No.38134 and the Developer's plans and supporting documents as
listed below:
(A) Grading Plan for Brighton Gardens of San Juan Capistrano, dated 4/2/98 , prepared
by Boyle Engineering, Jeffrey Galbraith, RCE No. 44726.
(B) Geotechnical Report for Brighton Gardens of San Juan Capistrano, dated 5/20/97,
prepared by Kleinfelder, Inc., Gary R. Goldman, RCE No. 54171.
Item 2: Construction of all on-site improvements in accordance with Grading Permit No. 38134 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.
Item 3: Construction and placement of landscaping and irrigation in accordance with approved
plans for Brighton Gardens of San Juan Capistrano as included in the above plans.
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Surety Agreement
Marriott Senior Living Services, Inc.
Brighton Gardens of San Juan Capistrano
31741 Rancho Viejo Road
Page 5
EXHIBIT "B"
SCHEDULE FOR COMPLETION OF IMPROVEMENTS
Completion Date
6/29/98
8/99
8/99
Task
Rough Grade Certification
Landscape Irrigation
(Per grading plans for erosion and silt control)
Landscape Planting
(Per grading plans for erosion and silt control)
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Surety Agreement Page 6
Marriott Senior Living Services, Inc.
Brighton Gardens of San Juan Capistrano
31741 Rancho Viejo Road
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. 38134.
B. Grading operations shall commence within fourteen (14) calendar days after issuance of
Grading Permit No. 38134.
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 item "F" below, suspension in excess of twenty (20) working days of
work authorized by Grading Permit No. 38134, 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 item "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 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.
F. Grading operations suspended during the rainy season shall be resumed no later than 15 days
from date of suspension.
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Marriott Senior Living Services, Inc.
Brighton Gardens of San Juan Capistrano
31741 Rancho Viejo Road
G. Developer shall provide approved on-site archaeological monitor during all phases of grading
and foundation excavation and submit a final archaeological report to the City upon
completion of the grading.
H. 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.
All work shall be performed in strict observation of the Hours of Operation in accordance
with San Juan Capistrano Municipal Code Section 8-107.
J. Contractor shall adhere to conditions of haul route permit and encroachment permit issued
by the City Engineer.
K. Parking for construction crew is to be on-site.
L. Construction and grading equipment traffic shall take access from Rancho Viejo Road. No
heavy equipment traffic will be permitted on Ortega Highway. Developer shall provide all
traffic control measures as required for safe vehicular movement and shall secure an
encroachment (haul -route) permit from the Engineering Department prior to issuance of the
grading permit.