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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 son IAfAA1AlAI[A • Asunmu � 1961 1776 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 N L W N CC7 T m Dn N rn -,r- -4� "' y < -i x m D � v a AVN Aarnott. March 4, 2002 0 0 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 all P11rr writl,p elllipmary b1 tire rtaltea throo, std rel fa rerltM tory rhe Attar.yobwf.t R ell ams t✓ mebe Ute eve. rd atahwilY al..t to titre I. AttaeyohimF.t ohW haw ever rd aMwily, reieot to tlr tuna tool MmNWar N 11to Paver o Adrey i�r0 to tla,rt. N eooarRa ddivr r boll d tiro Ctonprw, b,Pdo rtd tntdantWwr '"W"rt.a, eemtooct m i,Wm,ily arts Woo wdtbt0a aaliaatary d dw Mwa Utweal. Tho eaereto owl d nm rt.a.ry for Oto 1"tr m tory bortla Arta uobo ki r.aarYre., tom ooto m inown,ity arts otlw wreo abliaotry M the retire drool. J. Aar,*,I. rFoct shot 1,wo Pow. rol arWte" to aoseW .111 wi. roq y to M edadea to brvio, ,too wreao, eonaaeb M IrldrMty a stew ewtaord err ooi00ay tadabtNeo tool troy "tl. Idyl pew. arta asc ens to ewer, ttta flntotda mrrtrtt N dw Cererw rd to vowto o the ey-twee M ora Carson, or tow rdob or ocor d sot. 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. r ,.a �•+bs 0,3 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--- a � • �� 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". 0 0 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. 0 0 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) 0 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. 0 0 Surety Agreement Page 7 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.