05-0113_SOUTH COAST WATER DISTRICT_Surety Agreement (2)0 •
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 South Coast Water District,
a California Water District referred to as "Developer".
WITNESSETH
WHEREAS, City will issue Grading Permit No. 4$882 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 San Juan Creek Property, commonly referred to as 26022
Stonehill Drive, San Juan Capistrano.
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.
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2. Developer's Security. Developer shall provide a Performance Bond secured
with Lincoln General Insurance Company, Bond # 661112290 - 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 $115,060.00 for that work described in Exhibit "A".
This security of $115,060.00 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
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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 anyjudgment 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
Vu .� l,> , 20 �PS at San Juan Capistrano, California.
Developer
South Coast Water District
k� �' !ikh4-6u—
By: Michael P. Dunbar
Principal/General Manager
Approved as to/Form:
By: John 14aw
City Attorney
City of San Juan Capistrano
S1���lZ:�ii�►
Daniel W. McFarland
Building Official
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EXHIBIT "A"
South Coast Water District
Groundwater Recovery Plant
Access Road/Site Improvements
Item 1: Construction of all on-site grading (cut, fill and slope stabilization) operations in
accordance with Grading Permit No. 48882 and the Developer's plans and
supporting documents as listed below:
(A) Grading Plan for South Coast Water District dated November 23, 2004,
prepared by Tetra Tech, Inc., Richard Steven Agor, RCE No. C57082.
(B) Geotechnical Report for South Coast Water District, dated December 17,
2003, prepared by Ninyo and Moore, Lawrence Jansen, CEG 1198.
Item 2: Construction of all on-site improvements in accordance with Grading Permit
No. 48882 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.
Item 3: Construction and placement of landscaping and irrigation in accordance with
approved plans for South Coast Water District as included in the above plans.
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EXHIBIT "B"
E
SCHEDULE FOR COMPLETION OF IMPROVEMENTS
Completion Date
May 15, 2005
June 15, 2005
Task
Rough Grade Certification
Landscape Irrigation
August 15, 2005 Landscape Planting
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EXHIBIT "C"
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CONDITIONS FOR COMPLETION OF IMPROVEMENTS
1. 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. 48882,
2. Grading operations shall commence within fourteen (14) calendar days after
issuance of Grading Permit No. 48882.
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.
3. 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.
4. 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.
5. Grading operations suspended during the rainy season shall be resumed no later
than 15 days from date of suspension termination.
6. 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.
7. 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.
8. Contractor shall adhere to conditions of haul route permit and encroachment permit
issued by the City Engineer.
9. Parking for construction crew is to be on-site.
Bond No. 661112290
Premium $3,301.00
KNOW ALL MEN BYTHESE PRESENTS, that south Coast Water District
as Principal (hereinafter called
'ContradDt"), and Lincoln General Insurance Company ,
as Surety (hereinafter called "Surety"), are held and firmly bound unto the City of San Juan
Capistrano, as obligee (hereinafter called "City"), in the amount of
Onu Hundred Fifteen Thousand S;xrg and Nn/ice Dollars (16 115..060.00
for payment whereof Contractor and Surety bind themselves', their' heirs, executors,
administrators, successors and assigns, jointly and severally, faldy by these presents.
WHEREAS. Contractor has, bywrltten agreementdated ,
entered into a (describe agreement).
Grading & Erosion Control for New Public Aeenry - Wnter'Treatmant Faril;ty
which contract Is, by reference, made a part hereof.
NOW, THEREFORE, the condltion of this obligation Is such 11110, 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 wolves whatever legal right it may
have to require that a demand be made first against the Contractor in the event of default
BE IT FURTHER RESOLVED, that:
As a part of the obligation seared 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, an
to be taxed as costs and included in any judgment rendered.
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2. Said Surety, forvalue received, hereby stipulates and agrees that no change,
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
herebywaive notice of any such change, extension oftime, alteration or modification of the
contract documents or of work to be performed thereunder.
Executedthis 70th dayof January 200_5. at
,San Diego , California.
APPROVED AS TO FORM:
By
John R. Sftw. City Attorney
PRINCIPAL South Coast Water District
(NOTARIZATION AND SEAL)
General Insurance Company
AND SEAL)
Gloria S. Russell, Attorney--in--Fact
d.WPd .2- OBHOAO
OFFICIAL CALIFORNIA NOTARIAL CERTIFICATE
ACKNOWLEDGMENT
State of California
County of o r; c
Title of Document
U
On(2�ZppOD� beforemjriN�(d �(/Z!(�� �7Dt, Yt� rybjlb
personally appeared h 11 Int'w Du n b o
personally known to me — OR —
❑ 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), or the entity upon behalf of which the persons(s) acted, executed the instrument.
AN�ev none~, WITNESS by my hand and official seal.
COmmWion q 431267 1
NOWY Pubic • CalliofNa
omwcourita
MVCWM. EE"N AA i 6, 20071
NOTARY'S SIGNATURE
OPTIONAL INFORMATION
The information below is not required by law. However, it could prevent fraudulent attachment of this acknowledgement
to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL)
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
❑ PARTNER(S)
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHMENT DOCUMENT
�4njuow bc�r j
TITLE ORPE OF F DOCUMENT
(4) hy.4 inUtoi-,c4 Apknow ��g '
NUMBER OF PAGES
In e VJ
DATE OF DOCUMENT
OTHER
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LINCOLN GENERAL INSURANCE COMPANY
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Lincoln General Insurance Company, organized and existing by virtue of the
Laws of the Commonwealth of Pennsylvania, does hereby nominate, constitute and appoint:
Gloria S. Russell
its true and lawful attomey(s)-in-fact to sign, seal and execute for and on its behalf, as surety, bonds, undertakings, and other
obligatory instruments of similar nature in an amount not to exceed Three Million Dollars ($3,000,000) and to bind it thereby as
fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation, and all the acts of
said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed.
RESOLVED that this Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under
authority of the following resolutions adopted by the Board of Directors of Lincoln General Insurance Company on the 0 day of
September, 2002.
RESOLVED that the President, an Executive or Senior Vice President, or any Vice President of the Company, together with the
Secretary or any Assistant Secretary are hereby authorized to execute Powers of Attorney appointing the person(s) named as
Attomey(s)-in-Fact to date, execute, sign, seal and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and
other similar contracts of suretysbip, and any related documents.
RESOLVED FURTHER that the signatures of the officers making the appointment, and the signature of any officer certifying
the validity and current status of the appointment, may be facsimile representations of those signatures, and the signature and seal
of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile
representations of those signatures and seals, and such facsimile representations shall have the sere force and effect as if
manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopyin&
IN WITNESS WHEREOF, Lincoln General Insurance Company has caused
be signed by its duly authorized officers this 4th day t4*ptl1 2002.
'INN L
Attest: ?:'g1oRATES ,
Gary J, tdo , S tory Co 1-0
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The Commonwealth of Pennsylvania c ; 1977 `o
A _
:0Z
York County 0J•.�NNSYLgl,#
'ja
On this 4th day of September, 2002, before mC{onalljEbemd C. Bhojwani to to lmown, who being duly awom, did
depose and say: that he is the President of the Corp�NM'iINIRi/atrd0 in and which executed the above instrument: that he knows
the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of
Directors of said Company, and that he executed the said instrument by like order and authority and the sante was his free act and
deed.
Noranai Seal
The Commonwealth of Pennsylvania Catharine Mane Loose, Note
York County Spnngsttsbury Twp., lora l
My Commission Expires June
I, Gary Omdorff, Secretary of Lincoln General Insurance Company, a corporation of the Conmionwealth of Pennsylvania do
hereby certify that the above and foregoing is a full, true and correct copy of Power of Attorney issued by said Company, and of
the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked, and
furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney is now in force.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, at York, Pennsylvania, this
10th dayof January . 2005 _„�,jj,,,,,,,_ ^ f)
'oQpORAT64' C��'';
v
1977
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Diego
On + before me, Ron H. Ballard
personally appeared Glo
® personally known to me -OR- proved te Fae an the basis ef satisfaetery evidenne to be the person(s)
whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/shekhey executed the same in IaWber/th494
authorized capacity(ieO, and that by his/herkheiF signatures) on the
instrument the person(s), or the entity upon behalf of which the person(&)
acted, executed the instrument.
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P,ON H. BtLLARD
'F COMM. #1413833 n
'Tk``r'yj NOTARY PUBLIGCALIFDRNIA y
t 1,44,'"yia $AN DIEGO COUNN n WITNESS m hand and official seal.
U My Commission2EExpres y
APRIL 26, A
Notary
Though the data 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
❑ INDIVIDUAL
❑ CORPORATE OFFICER
❑ PARTNER(S) ❑ LIMITED
® ATTORNEY-IN-FACT ❑ GENERAL
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
CA-ICw u (Woo)
DESCRIPTION OF ATTACHED DOCUMENT
Title or Type of Document
Number of Pages
Date of Document
Signer(s) other than named above
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Phar 717-737-0000 FAX t 717-731-0165
it s►►f 33" Wh tefWdRd P0. Bw 37109, York PA 17 02.0136
Bond No. 661112290
TERRORISM RIDER
NOTICE — FEDERAL TERRORISM INSURANCE COVERAGE
AND DISCLOSURE OF PREMIUM
Any loss applicable to a peril covered under this bond that is
caused by a certified act of terrorism pursuant to the terms of
the Terrorism Risk Insurance Act of 2002 ("the Act'), will be
partially reimbursed by the United States under a formula
established by federal law. Under this formula, the United
States pays 90% of covered terrorism losses exceeding a
statutorily established deductible to the insurance company
providing this bond. The portion of your annual premium
attributable to certified acts of terrorism under this bond is
$0.00.
COVERAGE LIMITATIONS
Payment for a loss will not exceed the limit of liability under this
bond. This bond will not pay for any portion of certified
terrorism loss beyond any applicable annual liability cap set
forth in the Act. The terms of this rider do not provide coverage
for any loss that would otherwise be excluded by the terms of
this bond.
SU 0009 12 02