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00-0925_MONA LISA DEVELOPMENT_Surety AgreementSURETY AGREEMENT THIS AGREEMENT is made by and between the CITY OF SAN JUAN CAPISTRANO, a municipal corporation, hereinafter referred to as the "City" and Mona Lisa Development, Inc., a Deleware Corporation referred to as "Developer". WITNESSETH WHEREAS, City will issue Grading Permit No. 42667 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 32992 Valle Rd., commonly referred to as Valle Self Storage. 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 illicit non -storm drain discharge and adverse aesthetic impacts arising from incomplete grading and/or improvements from development projects which have not been completed. WHEREAS, the Building Official finds that the proposed project site is highly prominent and visible to the community, has unique topographic features or involves substantial grading of slope areas. NOW, THEREFORE, in consideration of the premises and promises hereinafter contained, City and Developer agree as follows: 1. Developer's Improvements Obligations. Developer shall, at its sole cost and expense, provide and furnish all labor, materials and equipment for the installation of improvements set forth in Exhibit "A". The grading permit and plans, which further defines the improvements in Exhibit "A", are on file in the office of the City's Building Official, and all documents referenced in Exhibit "A" are incorporated herein by reference. 0 0 2. Developer's Security. Developer shall provide a Performance Bond Number CD 2448 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 $40,826 for that work described in Exhibit "A". This security of $40,826 shall also serve as security for restoration of the site. A copy of the surety instrument, as approved by the City Attorney, is attached as Exhibit "D". 3. Completion of Improvements. To ensure the protection of the public safety, health and welfare, Developer shall construct the improvements described in Exhibit "A" in accordance with the schedule as set forth in Exhibit "B", and the conditions as set forth in Exhibit "C". 4. Developer Default. In the event Developer does not complete the required improvements, including erosion 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, 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 illicit non -storm drain water discharge and 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 but not be limited to the following: 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 and silt control devices, including hydroseeding, to insure a uniform vegetative cover, orequivalent stabilization measureswhich includethe 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. 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 25, 2000 at San Juan Capistrano, California. Developer City of San Juan Capistrano y: Daniel W. McFarla d Building Official By: (Signee) '4 _ -7- (Title) (Title) f s Approved as to F m: By: John klaw City Attorney 0 EXHIBIT "A" Valle Self Storage Item 1: Construction of all on-site grading (cut, fill and slope stabilization) operations in accordance with Grading Permit No. 42667 and the Developer's plans and supporting documents as listed below: (A) Grading Plan for (Project Name) Valle Self Storage, dated September 7, 2000, prepared by (Firm) RMA, (Engineer) Doug Chen, RCE No. C50770. (B) Geotechnical Report for (Project Name) Valle Self Storage, dated August 12, 1999, prepared by (Firm), Leighton and Associates, (Engineer) Don Terres No. C.E.G. 1821. EXHIBIT "B" SCHEDULE FOR COMPLETION OF IMPROVEMENTS Completion Date Task December 1, 2000 Rough Grade Certification May 1, 2001 Landscape Irrigation May 1, 2001 Landscape Planting 0 0 EXHIBIT "C" CONDITIONS FOR COMPLETION OF IMPROVEMENTS A. The grading forthis project shall be in strict conformance with the grading plans and related documents as described in Exhibit "A" and Grading Permit No. 42667. B. Grading operations shall commence within fourteen (14) calendar days after issuance of Grading Permit No. 42667. 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 silt 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 ortreatments to the satisfaction of the City Engineer. C. The supervising civil engineerand 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. 0 9 E. Grading operations suspended during the rainy season shall be resumed no later than 15 days from date of suspension termination. F. 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. G. Installation of interim erosion and silt 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 silt control devices, planting, landscaping and irrigation systems shall be installed prior to final inspection of the grading permit. H. All work shall be performed in strict observation of the Hours of Operation in accordance with San Juan Capistrano Municipal Code Section 8-107. Contractor shall adhere to conditions of haul route permit and encroachment permit issued by the City Engineer. J. Parking for construction crew is to be on-site. • PERFORMANCE BOND . Bond No. CD 2448 Premium: $11,021.00 KNOW " MSN B7 THESE PRESENTS: That Mona Lisa Development Company Incorporated , asrincipal, hereinafter called CONTRACTOR, and Cont actors Bonding and Insurance Com an , as Surety, hereinafter ca led SURETY, ' ar '•hold and firmly bound unto the City of San Juan C ipistrano, as Ob;'gee, hereinafter called CITY, in the amount of Eo t thousand eight hu Bred twenty one and 00/100 ($40,821.00)Dollars for payment whereof cc ractor and Surety bind themselves, their heirs, a acutors, a nistrators, successors, and assigns, jointly and everally, fa Ily by these presents. WHEREAS, Contractor has by written agreement d ted t; entered into a (describe agreement) Valle Self Storage i whh contract is by reference made a part hereof if it NOW, THEREFORE, the condition of this obligatiln is such that, incipal shall promptly and faithfully perform said agreement, this obligation shall be null and voids otherwise it shall a in full force and effect. Surety waives whate er legal right y have to require that a demand be made first against the ipal in the event of default. BE IT FURTHER RESOLVED, that. 1. As a part of the obligation secured hereby) and in addition a amount specified, there shall be included costs and expenses and fees, including reasonable attorney's fees, y City in successfully enforcing such obligation, all to 1 • i be axed as costs and included in any judgment render d. 2. Said Surety, for value received, hereby st pulstes and agr as that no change, extension of time, alteration, or modifi- catn of the contract documents or of the work to be performed the under, shall in any way affect its obligations o this bond, and lit does hereby waive notice of any such change, atension of ti i, alterations, or modifications of the contract d cuments or of 'brk to be performed thereunder. Executed this 25th day of September 19 2000 at e. Laguna Hills, California. it PRINCIPAL 4!. Mona Lisa Development Comp4ny Incorporated APE OVE AS FORM. (NOTARIZATION AND !1 1 *i rc �i0E1�VS�% City ttorney i PagePERFORMANCE BOND SURETY Con rectors Bonding and Insurance Company Douglas . Rapp At rney`in Fact (NOTARIZATION AND smA I TOTAL P.03 CALIFORNIA State of California County of Orange ACKNOWLEDGMENT On September 25, 2000 before me, Christine M. Rapp, Notary public Date Name aw Tab M ofter (e.g.. -Jane Doe, Notary PWI'e) personalty appeared Douglas A. Rapp Na"(s) of Signer(s) ® personally known to me – OR – Ci proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), t .+• CHR NE M. RAPP or the entity upon behalf of which the person(s) acted, _ O y executed the instrument. 6 OMM, #1287189 << NCTARV PUBLIC-CALIFCRN4A 9 ^y WITNESS my hand and official seal. My Comm. Exp, July 0, 20W ni SgnaWred ryPubk 1 OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: i Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attomey-in-Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHTTHUMBPRINr . OFSIGNER Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ Attorney -in -Fact ❑ Trustee ❑ General ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGMTHUMBPRINT OFSIGNER 11 0 1995 Na6o-W Naary AsWoa4 - 8M Remnel Ma., PD, Boa 71U • Canoga Part. CA 91309-71N PnU, No. 5907 pb c GI Tot -Fm 1.800.97& 7 RLAI) G1RLI( I.l.l — to be stied only critb the bocul tipeti/ic•d herrin � �d x°_1��p'�d. ,., .. <� �a ',, ia�._. ._,e� uJd? a. �..,. "C�.._ i 5 F�` .. e4 alt i"Cl v��il(F"L"(e(EJ:'s tli�•i,n,4�„i�;�;;:i1. _i,P, �in�,., �..�; .I, � _. _ ., .. ..i; ,�_�;��..,.��iii�. dial he i�,� !. � <ii��i by tlr�; .- -- - - _ � � _ - .�. .�.,ttrd,icc �i,�p_.� .� �.� � -_ ,.,.,�,,.I ..