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02-0815_SCHAFNER, CHARLES_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 Charles Schaffner, an Owner/Builder referred to as "Developer". WITNESSETH WHEREAS, City will issue Grading Permit No. 44586 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 Tract 13846 Lot 3, commonly referred to as 30312 Via Festivo. WHEREAS, San Juan Capistrano Municipal Codes Section 8-2.08 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 including the construction of drainage and protection devices and any other corrective work to remove and eliminate engineering and geological hazards. WHEREAS, San Juan Capistrano Municipal Code Section 8-2.09 authorizes the Building Official to require additional bonding as security to ensure against adverse aesthetic impacts arising from incomplete grading and/or improvements from development projects which have not been completed. WHEREAS, the Building Official finds that the proposed project site is highly prominent and visible to the community, has unique topographic features or involves substantial grading of slope areas. NOW, THEREFORE, in consideration of the premises and promises hereinafter contained, City and Developer agree as follows: 1. Developer's Improvements Obligations. Developer shall, at its sole cost and expense, provide and furnish all labor, materials and equipment for the 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 by duly authorized corporate surety, Contractors Bonding and Insurance Co., Bond Number CD8489 subject to the approval of the City Attorney, to secure Developer's improvement obligations required under this agreement. The amount of the bond shall be $25,267 for that work described in Exhibit "A". This security of $25,267 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 and San Juan Capistrano Municipal Code Section 8-14, 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 8-2.09 allows the City to require bonding as security to ensure against adverse aesthetic impacts arising from uncompleted grading, drainage and/or improvements which includes illicit non - storm drain water discharge. 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, or equivalent stabilization measures which include the use of such Best Management Practices 0 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 judge as reasonable for the legal services of an attorney representing the City in an action brought to enforce or interpret the obligations of this agreement, and such sum shall be made a part of any judgment in such action against Developer if such action is determined in favor of 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. Liabilit . 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 5 2001 -at San Juan Capistrano, California. Developer By: Mr. Charles Schaffner Owner/Builder Approved as to Form: By: An Shaw City Attorney City of San Juan Capistrano ®R By: Daniel W. McFarland Building Official EXHIBIT "A" 30312 Via Festivo Schaffner Residence Item 1: Construction of all on-site grading (cut, fill and slope stabilization) operations in accordance with Grading Permit No. 44586 and the Developer's plans and supporting documents as listed below: (A) Grading Plan for Schaffner Residence, dated April 4, 2002, prepared by Stan Schrofer and Associates, Inc., Licensed Architect, Stan Schrofer, No. C-13647. (B) Geotechnical Report for Schaffner Residence, dated March 19, 2001, prepared by Geo Environ, William C. Hobbs RCE No. 42265. Item 2: Construction of all on-site improvements in accordance with Grading Permit No. 44586 and Developer's grading plans referenced in Item 1 above, including, but not limited to: driveways, parking areas, retaining walls, erosion and silt control, terrace drains, down drains, sub -drains, area drainage systems, and private storm drain systems not a part of Developer's Improvement Plans filed with the City Engineer. 0 EXHIBIT "B" 0 SCHEDULE FOR COMPLETION OF IMPROVEMENTS Completion Date October 30, 2002 December 31, 2003 Task Rough Grade Certification Landscape Irrigation December 31, 2003 Landscape Planting L EXHIBIT "C" 0 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. 44586. B. Grading operations shall commence within fourteen (14) calendar days after issuance of Grading Permit No. 44586. Winter grading will be conducted in strict accordance with the dynamic erosion and silt control plan submitted by the Developer, and approved by the City. This erosion and silt control plan reflects erosion and silt mitigation measures for expected grading conditions as the work progresses through the winter season and shall not be amended except with the permission of the City. In the event Developer does not wish to implement winter grading, or permission for winter grading is rescinded, static erosion and silt control plans reflecting current conditions of grading shall be submitted within ten (10) days of cessation of work. These plans shall: 1. Identify all pollutant sources including sources of sediment that may affect the quality of storm water discharges associated with the construction activity. 2. Include the erosion and sediment control planting and hydroseeding to insure a uniform vegetative cover or equivalent stabilization measures which include the use of such Best Management Practices as blankets, fiber matrices, catch basin filters or other erosion resistant soil covering or treatments to the satisfaction of the City Engineer. 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. • 0 E. Grading operations suspended during the rainy season shall be resumed no later than 15 days from date of suspension termination. F. Installation of interim erosion and sediment control devices and systems shall commence within seven (7) days after rough grade certification has been approved by the Building Official and must be completed within fifteen (15) days of rough grade certification. Final erosion and sediment control devices, planting, 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 8-1.03. H. Contractor shall adhere to conditions of haul route permit and encroachment permit issued by the City Engineer. BOND N0. 3439• (7) PREMIUM: $758.UU 0 KNOW ALL MEN SYTHESE PRESENTS, that CHARLES SCHAFFNER as Principal (hereinafter called "Cantractot"), and CONTRACPORS BONDING AND INSURANCE COMPANY as Surety (hereinafter called "Surely'), are held and firmly bound unto the City of San Juan Capistrano, as obligee (hereinafter tailed 'City"), in the amount of TWENTY FIVE THOUSAND TWO HUNDRED SIXTY SEVEN AND NO/10bollars(E25,267. 00 ) for payment whereof Contractor and Surety bind themselves, their heirs, ex9cutors, administrators, successors and assigns, jointly and severally, fairly by these prosents. WHEREAS, Contractor has, by written agreement dated entered into a (describe agreement): GRADING PERMIT NO. 44586 30312 VIA EMi1RVo SCHAFFNER RESIDENCE which contract is, by reference, made a part hereof. NOW, THEREFORE, the condition of this obligation Is such that, if Contractor 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 Contractor in the event T default. BE IT FURTHER RESOLVED, that: 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 suomeys fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. c:urr9*3Vom VWkmn m8ond.wO "t' 0511ww 0 0 2. Said Surety, forvaluereceived, hereby stipulates and agrees thatnochange, extension of time, alteration, or modification 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, alteration or modfication of the contract documents or of work to be performed thereunder. Fxecutedfhis 23RDdayof JULY 2002,at _ LAGUNA HILLS California. CHARLES SCHAFFNER PRINCIPAL (NOTARIZATION AND SEAL) APPROVED AS TO FORM: By John R, haw, City Attorney CONTRAC.UORS BONDING AND INSURANCE COMPANY SURETY BY: (NO IZAgINN SEAL) E A. S, ATTORNEY-IN-FACT c:Vnyfllee kon Perfa nw8ond.wod -2- 05010100 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Slate of California ss. County of (�ra,� On lie\+. _ 3L '�ocv before me, � � ae Ac4�,r� a , a1Narrrt aMTtla d Oncelv(e.g. Jane Dae, Notary blk") personally appeared-�^a.+\��10-�C'�rrcJ Names) of Slgnegs7 LINDA A. GAGNON Commission t{ 1313093 z Notary Public - California j Orange County My Comm. Expires Jul 13, 2005 J pe sonally known to me proved to me on the basis of satisfactory evidence to be the persol whose name(K is/dye subscribed to the within instrument and acknowledged to me that he/sXtNey executed the same in his/kr/thl authorized capacityl and that by his/hV/thlsir signatureXon the instrument the person(3) or the entity upon behalf of which the person( acted, executed the instrument. WITNESS my hand and official seal. (tignature so nP OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ;�Ir Jrr.a aC Document Date: "\ -13-��— Number of Pages: Signer(s) Other Than Named Capacity(les) Claimed by Sign Signer's Name: ::1 Individual Top or thumb here 7 Corporate Officer — Title(s): Partner — 0 Limited 0 General FI Attorney -in -Fact -1 Trustee 11 Guardian or Conservator L Other: Signer Is Representing: 01999 National Notary Association -9350 Do Soto Ave.,PO. Box 2402•Chatsworth. CA 913132002• www.nationsonotary.org Pmtl No. 5907 Reorder Call TolFRee 1-000-876-6827 ALL-PLOPOSE ACKNOWLEAMENT State,of CALIFORNIA County of ORANGE On 7/23/02 Date personally appeared_ before me, VICKIE SPENCE, NOTARY PUBLIC Name. Title of Officer - e.g. "Jane Doe, Notary Public' JULIE A. SCHALLER M personally known to me - OR - El 9 VICKIE SPENCE Commission 01276410 a Notary Public - Cogtorrda q Orange County My Carnrn. 6gies Sep 10.21104 Name(s) of Signer(s) 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(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal, Signature of Notary OPTIONAL Though the information requested below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT" ❑ Individual(s) ❑ Corporate Officer(s) BOND Title or Type of Document Title(s) ❑ Partner(s) ❑ Limited 2 ❑ General ® Attorney -in -Fact Number of Pages ❑ Trustee(s) ❑ Guardian/Conservator 7/23/02 ❑ Other: Date of Document SIGNER IS REPRESENTING: Signer(s) Other than Named Above Name of persons or entity(les) CONTRACTORS BONDING AND INSURANCE COMPANY MWALPA.02<A060194 cbie Home Office: 1213 Valley Street PO Box 9271 Limited Power of Attorney Seattle, WA 98109-0271 INTUeaNr'F. (206) 628-7200 KNOW ALL MEN BY THESE PRESENTS that CONTRACTORS BONDING AND INSURANCE COMPANY, a colpoaMln duly organized and existing under the ars of the State of Washington, and hexing its principal office in Seattle King County, Washington, does by these presents make, constitute and appoint JULIE A SCHALLER, of Laguna Hils, Caffomia, its rue and! 6wful Attorney -ire Fact, with full power and aumomy hereby conferred in its name, piece and steed, to execute, ack novi and delwa on behal of the Company arty and at bonds and undertakings of surehfahip given fa any pupose, prowded, howsser, that no AttomeyJn-Fect shah be authorized to execute and deim any bond a undertaking that shah oblgate the Company for any portion of the penal am thereof in excess of $6.000.000, and prodded, further, that no Attomey-m-Fwt shat haw the authority to issue a bid or proposal bond for any projem where, it a contract is awarded, any bond or undenalung would be required with a penal am in excess of $6,000,000; and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, eased with ft corporate seelof the Company and duy etested by its Secretary, hereby ratifying and confirming at that the said Attomey-m-Fact may do in the premises. Said appointment is made under and by authority of the fobwng resobtons adopted by the Board of Directors of the CONTRACTORS BONDING AND INSURANCE COMPANY on September 8, 1998: RESOLVED that the President of the Company is authaixd to appoint any person as the Company$ me and IaMul Atomey-m-Fact with power and athcnty to execute and caner on banal of the Company any and at bonds and undenalungs of suretyship given for any purpose, abject to such Imta as shah be determined by the President of the Company. pvwded, howewr, that ro Such person shat be audonzed to execute and di any fond or undertaking that shah obigate the Company for any portion of the panel am thereof in excess of $10,000,000, and provided, further, that no Atomeyin-Fat shah haw, the authority to issue a bid or proposal bond for any project where, if a contract is awarded. any bond or undertaking would be required wth penal sum in excess of $10,000,000. RESOLVED FURTHER that the authonry of the Secretary of the Company to oemiy the authenticity and effectlseness of the foregoing resolution in any Limited Power of Attorney is hereby, delegated to the following perms. the signature of any of the following to bind the Company with respect to fire authenticity and effecinamiss of the icregwg nesoblons as it signed by the Secretary of the Company Donald Sidon, Steven A. Ganes, John Piepraiy, John D. Ntinc. Lary A. Byers, Pam R. Coetsch, Vickie Spence, Yolanda Untie, and Wm. Bleu Meixel RESOLVED FURTHER that the signatures (including cemficalion that the Power of Atomey is still in force and effect) of the President, Notary Pubic and person certifying authenhcnty and effe:tweness, and the corporate and Notary seals appearing on ay Limited Power of Attomey containing this and the foregoing resolutions as weal as the Limited Power of Attorney ael and its trensmisson, may be by facsimile; and such Limited Power of Attorney shah be deemed an anginal in at aspects. RESOLVED FURTHER that at resolutions adopted pior to today appointing the above named as Affo ney-in-Fact for CONTRACTORS BONDING AND INSURANCE COMPANY ore hereby superseded. IN WITNESS WHEREOF, CONTRACTORS BONDING AND INSURANCE COMPANY has cased these presents to be signed by its President and its corporate seal to be hereto affixed this 22nd day of August, 2001. -••...cove,.. On this 22nd day of August, 2001, persi naly appeared STEVEN A. GAINES, to me known to be the President of the corporation that executed the foregoing Limited Power of Affaney and acknowledged sad Limited Power of Attorney to be the free and wbntay act and dead of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is aut a -zed to execute the sad Limited Power of Attomey. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and yea first above wrinen. i `:O tsOTAAY m' i PUBUCf Jon V.. trh 1•• . 7.g.o6; �' • r Notary Pubic in and for the St to ofington. residing at Seelig tt �qeIN ' The undersigned, arming under atho the Board of Directors of CONTRACTORS BONDING AND INSURANCE COMPANY, hereby certifies, as a in la of Cenifcale of the Secretary of CONTRACTORS BONDING AND INSURANCE COMPANY, that the above and foregoing is a ful, true and comect copy of the Original Power of Attorney issued by said Company, and does hereby fuller oendy that the sad Power of Atomey is mil in farce and effect. GIVEN under my had at LAGUJA HILLS . CA ,this 23RD dayof JULY ,2002 PoaJS01.01-US082201 CONTRACTORS BONDING AND INSURANCE COMPANY . 4kP0 " g9piri'$� i V� ::SEAL: y'' Steven A. Ganes, President r9,!. �+! rer'e... STATE OF WASHINGTON—COUNTY OF KING nr•",,• On this 22nd day of August, 2001, persi naly appeared STEVEN A. GAINES, to me known to be the President of the corporation that executed the foregoing Limited Power of Affaney and acknowledged sad Limited Power of Attorney to be the free and wbntay act and dead of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is aut a -zed to execute the sad Limited Power of Attomey. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and yea first above wrinen. i `:O tsOTAAY m' i PUBUCf Jon V.. trh 1•• . 7.g.o6; �' • r Notary Pubic in and for the St to ofington. residing at Seelig tt �qeIN ' The undersigned, arming under atho the Board of Directors of CONTRACTORS BONDING AND INSURANCE COMPANY, hereby certifies, as a in la of Cenifcale of the Secretary of CONTRACTORS BONDING AND INSURANCE COMPANY, that the above and foregoing is a ful, true and comect copy of the Original Power of Attorney issued by said Company, and does hereby fuller oendy that the sad Power of Atomey is mil in farce and effect. GIVEN under my had at LAGUJA HILLS . CA ,this 23RD dayof JULY ,2002 PoaJS01.01-US082201