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1998-0505_SOUTH PACIFIC HOMES_Surety Agreement0 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 Pacific Homes, a California Corporation, referred to as "Developer". WITNESSETH WHEREAS, City will issue Grading Permit No.38367 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 9030, Lot 11, commonly referred to as 30741 Hilltop Way. 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 $5,700 for that work described in Exhibit "A". This security of $5,700 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 South Pacific Homes 30741 Hilltop Way Tract 9030, Lot 11 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. Attomeds 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 1998 at San Juan Capistrano, California. 9 Surety Agreement South Pacific Homes 30741 Hilltop Way Tract 9030, Lot 11 Developer South Pacific Homes By: Moss Carter Secretary Approv d a to By: John k. Shaw City Attorney • Ci an Ju Capistrano By: Daniel W. Mcfarlan Building Official Page 3 E Surety Agreement Page 4 South Pacific Homes 30741 Hilltop Way Tract 9030, Lot 11 EXHIBIT "A" Item 1: Construction of all on-site grading (cut, fill and slope stabilization) operations in accordance with Grading Permit No.38367 and the Developer's plans and supporting documents as listed below: (A) Grading Plan for South Pacific Homes, dated 5/6/98, prepared by Alpine Consultants, Inc., Gaby A. Antoun, RCE No. 041671. (B) Geotechnical Report for South Pacific Homes, dated 2/27/98, prepared by GeoSoils, Inc., Ted Riddell, No. CEG 1775. Item 2: Construction of all on-site improvements in accordance with Grading Permit No. 38367 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 South Pacific Homes as included in the above plans. 0 Surety Agreement South Pacific Homes 30741 Hilltop Way Tract 9030, Lot 1 I EXHIBIT "B" 0 SCHEDULE FOR COMPLETION OF IMPROVEMENTS Completion Date Task 5/30/98 Rough Grade Certification Page 5 6/30/98 Landscape Irrigation (Per grading plans for erosion and silt control) 6/30/98 Landscape Planting (Per grading plans for erosion and silt control) Surety Agreement South Pacific Homes 30741 Hilltop Way Tract 9030, Lot 11 EXHIBIT "C" CONDITIONS FOR COMPLETION OF IMPROVEMENTS Page 6 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. 3 83 67. B. Grading operations shall commence within fourteen (14) calendar days after issuance of Grading Permit No. 3 83 67. 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. 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 "E" below), 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. E. Grading operations suspended during the rainy season shall be resumed no later than 15 days from date of suspension. F. 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. 0 Surety Agreement Page 7 South Pacific Homes 30741 Hilltop Way Tract 9030, Lot 11 G. All work shall be performed in strict observation of the Hours of Operation in accordance with San Juan Capistrano Municipal Code Section 8-107. H. Contractor shall adhere to conditions of haul route permit and encroachment permit issued by the City Engineer. Parking for construction crew is to be on-site. 'n, 16 it i r ■ 0 9 714-470-0051 SOUTH PACIFIC HOMES Bond No. 005010554 STATUTORY PERFORMANCE BOND EXHIBIT "D" PAGE 01 KNOW ALL MEN BY THESE PRESENTS, that south Pacific H o rr e s as Principal, hereiaifter called CONTRACTOR and a mw e �, t .siirptvLjnsurance c o . as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, is the amount of *Five Thousand . S z v e n Hundred Dollars (S 5 7 0 0.0-0,* * for payment whereof Contractor and Surety bifid themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS. Contractor is required to provide a faithiW performance bond pursuant to the statutory requirements of the San Juan Capistrano Municipal Code to guarantee certain work, more particularly described as follows: Grading and designated improvenemts as described in Exhibit "A" of Surety Agreement for property at Tract 9030, Lot 11, ]mown as 30741 Hilltop Way. San Juan Capistrano. s NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and tiithfully perform said statutory obligation, thea flail obligation shall be null and void; othorwise it shall remain in full force and effect. Sunt ty waives whatever legal right it may have to require that a demand be made first against the Principal in the avast of 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 attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 1. Said SwItY, fOr V6196 F166iVA h9lbY 1Eiji1liW§ ltld I M thil rata Affill, o7NB" of time, alteasdon, or mod18ation 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. no/100*1 • ,05/06/1998 11:33 714-470-0051 Statutory Performance Bond SOUTH PACIFIC HOMES PAGE 02 Page 2 Executed this 5th day of May '19 .9 8 at Santa A n a California. APPRO FORM PRINC Sou BPacif'c Homes John Shaw 27 City Attorney Title: P i r r i C d H n H c n n Q*Hge-i2 an r CNOTARIZATION AND SEAL) E.Am�lest Sur y Insu ante Company es _ -au attorney -in -Fact TION AND SEAL) E EXPIRATIONDATE A--IL-UV POWER NI/MBER READCIREFULLY This document is printed on white paper containing the artificial watermarked logo ( ) of Amwest Surety Insurance Company (the "Company") on the front and brown security paper on the back. Only unaltered originals of the POA are valid. This POA may not be used in conjunction with any other POA. No representations or warranties regarding this POA may be made by any person. This POA is governed by the laws of the State of California and is only valid until the expiration date. The Company shall not be liable on any limited POA which is fraudulently produced, forged or otherwise distributed without the permission ofthe Company. Any parry wncemed about the validity of this POA or an accompanying Company bond should call your local Amwest branch office at (619)233-5893 constitute and appoint: LEN EASTWOOD JAMES LEGAUX AS EMPLOYEES OF TRICORE INSURANCE SERVICES its We and lawful Attomey-in-fact, with limited power and authority for and on behalf of the Company thereto if a seal is required on bonds, undertakings, rewgnizances, reinsurance agreement for a Miller A the nature thereof as follow. Bid Bonds to5••1,000,000.00 \\ Contract (Pea rformance &Payment), Court, Subdivision $• •2,500,000.00 License & Permit Bonds up to 5•••••50,000.00 Miscellaneous Bonds up to $•••••50,000.00 Snull Business Admidatntlon Guaranteed Bonds up to 5••• •250,000.00 L and to bind the company thereby. This appointment is made under and by I, the undersigned secretary of Amwsst Surety Insurance Company, form and effect and has not been revoked and furthermore, that the i provisions of the By -Laws of the Company, are now in full force an affix the seal of the company other written obligations in �T 0tich are now in full force and effect. 1FY that this Power of Attorney remains in full on this Power of Attorney, and that the relevant Bond No. 0 0 5 0 1 05 F A Signed & sealed thi o `4 r Karen G. Cohen, Secretary It ♦ It ♦ • ♦ It i sM +k ONS TO DIRECTORS & It sk ♦ It ♦ sk * i It ! This POA is signed and sealed by facsimile under d Aso o owi utions adopted by the Board of Directors of Amwest Surety Insurance Company at a meeting duly held on December 1975: ''rr RESOLVED, that the President or any YJ, . ent, in nJunc vritggp Secretary or any Assistant Secretary, may appoint attomeys-in-fact or agents with authority as defined or limited in the ins m yr encm�otment' case, for and on behalf of the Company, m execute and deliver and affix the seal of the Company m bonds, undertaking , ces, ip obliga s of all kinds; and said officers may remove any such attomey-in-fact or agent and revoke any POA previously gran rson., RESOLVED FURTHER, that an nd, unde gni ce suretyship obligation shall be valid and bind upon the Company: (i) when signed by the President o any vi rest and and sealed (ifa seal be required) by any Secretary or Assistant Secretary; or (ii) when signed by the President or any 'dent r or Assistant Secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney-in-fact or age o (iii) when duly executed and sealed(iFe requiIQ one or more attomeys-in-fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issu on, y to such person or persons. RESOLVED FURTHER, that the st e re of any authorized officer and the seal of the Company may be affixed by facsimile to any POA or certification thereof authorizing the execution and deli cry of any bond, undertaking,recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the same form and effect as though manually affixed. IN WITNESS WHEREOF, Amwest Surety Insurance Company has caused these presents to be signed by its proper officers, and its corporate seal to be hereunto affixed this 14th day of December, 1995. John E. Savage, Pre dent Karen G. Cohen, Secretary State of California County of Los Angeles On December 14, 1995 before me, Peggy B. Lofton Notary Public, personally appeared John E. Savage and Karen G. Cohen, personally known ro me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose camels) is/are subscribed to the within instrument and acknowledged to me all that helshchhey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) in m et he er^ n oLibegritily unionize of which the person(s) acted, executed the instrument. • u,n ' WITNESS hand and oIf I seal. �.°° .NSU "" C niYiatl� #1 • .................9y ry i <1 `Jk?Oq ..., selk* NobryPtelC-Cdkttis t ,% ! Q .VO 9� Signature (Seal)imAng"Canly J 2 tn`'.� a .Lotton,NotaryPu COMM. 6rpYMAup6.WW 0)DECA IrIk 1995 ' n A M E R 0 S C, tg � STATE OF CAI�ORMA COUNTY OFCJ 0 d' before me, z�Liza6c�� r�LfG�� personal) appeared E 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 heishe/they executed the same in his,'her,%their authorized capacity(ies). and that by his,lheritheir signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (7^s area tot oK-mlal naa,iai seat) Title of Document Date of Document—,.')-- No. of Pages A-� C i Other signatures not acknowledged z�3- _ 3568 (I S:) (Gene! Fmsi A,,eucan 7r,;e insurance eompa FROM : ALPINE CONSULTHNT4 INC. PHONF NO. : 714 85558 Alpine Consultants, Inc. 123011 Moulton P -kw^Y. c4hlr� J 12 Tele-. (714) 955-0C]5H Lngune Hwo. CA 98663 April 23, 1998 FcFr Mr. Den McFarland q R�F0 Engineerinq Division hU 2 CITY OF SAN JUAN CAPISTRANO ` 3 r,90e 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Re: Cost Estimate for: Lot 11, Tract 9030 Hilltop Way, S.J.C. Owner: South Pacific Homes ITEM UNIT QU M. COST COST 1. Intl. catch basin, 12" eq., NDS 1226 or equal $60.00 9 ea. $540 2. Intl. 4" dia. drain pipe, SDP 35 4.50 160 l.f. 720 3. Instl. 6" dia. drain pipe, SDR 35 7.00 125 l.f. 875 4. Intl. 8" dia. drain pipe, S[R2 35 10.00 8 l.f. 80 S. Const. 5" P.C.C. deivaomy 2.50 2880 s.f. 7,200 6. Oonst..5" P.C.C. w$lkway, Patios 2.00 750 n.f. 1,500 7. Instl. Tamp. erosion Contrl, siltation fence I.S. I.e. 200 B. Grading 5.00 1100 C.Y. 51500 Total $16,615 Sincerely, J� _ ALPINE CONSULTANTS, INC. LJC/dh Larry Christensen" President Sent via fax 493-1053