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11-1013_RANCHO SAN JUAN DEVELOPMENT, LLC._Grading Surety Agreementa . , i THIS AGREEMENT is made by and between the CITY OF SAN JUAN CAPISTRANO, a municipal corporation, hereinafter referred to as the "City" and Rancho San ,Juan Development, LLC. a Limited Liability Company referred to as "Developer". rNTJ 1li•L*&1 I, WHEREAS, City will issue Grading Permit No B11-0640 to Developer to construct certain designated improvements which constitute a portion of that real property at the location of Tract 16634 @ Via Granada, commonly referred to as Park Site. 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 construction of grading improvements as approved by the City Engineer. The grading permit and plans, which describe all the work to be constructed per this agreement, are on file in the office of the City's Building Official. 2. Developer's Security. Developer shall provide a cash deposit, Certificate of Deposit or a bond by a duly authorized corporate surety subject to the approval of the City Attorney, or as approved by the City Engineer, to secure Developer's improvement obligations required under this agreement. The amount of the bond shall be $ 33,000.00 for all onsite grading improvements as approved by the City Engineer. This security shall also serve as security for restoration of the site. A copy of the surety instrument, as approved by the City Attorney. 3. Completion of Improvements. To ensure the protection of the public safety, health and welfare, Developer shall construct all said improvements in accordance with the schedule as set forth in Exhibit "A" and the conditions as set forth in Exhibit „B„ 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 a safe and acceptable 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 approved grading plans. 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 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. 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 "lam -"3 ,20 It Approved as to Form: By: Nasser Abbaszadeh, Public Works Director EXHIBIT "A" SCHEDULE FOR COMPLETION OF IMPROVEMENTS Completion Date April 15, 2012 April 15, 2012 Task Rough Grade Certification Landscape Irrigation April 15. 2012, Landscape Planting EXHIBIT "B" CONDITIONS FOR COMPLETION OF IMPROVEMENTS 1. The grading for this project shall be in strict conformance with the grading plans as well as the San Juan Capistrano Municipal Code, 2. Grading operations shall commence within fourteen (14) calendar days after issuance of Grading Permit. 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. Suspension in excess of twenty (20) working days of work authorized by approved grading plans and grading permit for subject property, including erosion and sediment control measures and landscaping and irrigation, shall constitute default of this agreement. 4. 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. 5. 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. 6. Grading operations suspended during the rainy season shall be resumed no later than 15 days from date of suspension termination. 7. 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 grad certification. Final erosion and sediment controls devices, planting, landscaping and irrigation systems shall be installed prior to final inspection of the grading permit. 8. 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. 9. Contractor shall adhere to conditions of haul route permit and encroachment permit issued by the City Engineer. 10. Parking for construction crew is to be on-site. Bond No.: PHSB016000118 Premium; $495.00 Id4N&INtf,►_1L1INQ-ToP►1�] KNOW ALL MEN BY THESE PRESENTS, that Rancho San Juan Development, LLC a Delaware limited liability coml2any, as principal (hereinafter called "contractor"), and Ullico Casualty Company as Surety (hereinafter called "Surety„) are held and firmly bound unto the City of San Juan Capistrano, as oblige (hereinafter called "city") in the amount of ThirtV Three Thousand and NO100 Dollars ($30,000.00) for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, fairly by these presents. WHEREAS, contractor has, by written agreement dated , entered into a (describe agreement): Gradin Sure Agreement to construct certain designated improvements which constitute a portion of that real property at the location of Tract 16634 Via Granada, commonly referred to as Park Site, which contact 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 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 the 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, or extension of time, alteration, or modification of the contract documents, or of the work to be performed thereunder, shall in any way affect its obligation or this bond, and it does hereby waive the notice of any such change, extension of time, alteration or modification of the contract documents or of work the be performed thereunder. Executed this 11th day of October 2011, At Irvine, California. Rancho San Juan Devel2pnLent, LLC, a Delaware limited liabili compan PRINCIPAL < (NbTARI;tA AND SEAL) Ullico Casualty Company SURETY i;(NOTARIAZATION AND SEAL) Janina Monroe, Attorney -In -Fact C4L1E#VV1A-,t-i1LL-PUVFoSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Los Angeles _ _ —_ Susan E. Morales, Notary Public On 11 Z011 before me, -- � -_ Date Here insert Name and iitie of the Officer personally appeared Janina Monroe _ tJarrte(s) o* Signer(s) SUSAN E. MORALES 8 a' �. COl�iiirf, # 1930723 -2 RioTARY PUBLIC - CAE.tFORNIA ;7. t 5 ANIGE1.CS COUNTY ` arty comm. Enures March 28, 20,5 who proved to me on the basis of satisfactory evidence to be the person(X) whose name(*) islxxxsubscribed to the within instrument and acknowledged to me that !ahei C executed the same in D%,!her/authorized capacity i, and that by i/herlsignature(x) on the instrument the person(X), or the entity upon behalf of which the person(X) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature `� .� Place Notary seal Above Signature of Notary Pubiio Susan E. Morales 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: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Janina Monroe_ ❑ Individual ❑ Corporate Officer --- Title(s):__ Partner — ❑ Limited ❑ General [Yt Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: i► C09 Number of Pages: Signer's Name: ❑ Individual ❑ Corporate officer—Title(s) ❑ Partner --- ❑ Limited ❑ General ❑ Attorney in t=act ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02607 National Notary Association - 9350 De Soto Ave., P.o. Box 2402 • Chatsworth, CA 91313-2402 - www.NaflonaiNW,a .org Item 95907 Reorder; Call To€kFree 1-806-876.6827 State of California. County of N. Q On before nye, personally a eared �.'- P y 1p r 7cv-ml fL"�A"'C' (Here insert name and title of the who proved to me on. the basis of satisfactory evidence to be the persoil(t) whose nanme(�) isAafe subscribed to the within instrument and acknowledged to me that he/fey executed the same in his/herAheir authorized capacity(), and that by his/kerAh&i1- signatureH on the instrument the person(4), or the entity upon behalf of which the person(-,) acted„ executed the instrument, I certify under PENTALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. DANIEL R. PEREZ W1Tl`SESS y han d official seal. commission # 1785548 Notary Public - California z orange County of Notary Puhlt - _ (Notary Seal) MVComm EOresJlan 10, 2012 nlTra'ttre RIPTION OF THE ATTACHED DOCU ENT (Title or descript�an afattached document) (Title err description of attached document continued) Number of Paga Document Date ; C� (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2u023 version CAPA v12.10.07 800-873-9865 www.NotaryClasscs_com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California nrrrst contain verbiage exactly os appears above in the notary section or a separate aclmowledgmeni form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of'California, Ira sach instances, ally alternative acknowledgment verbiage as m;V be printed on such a document so long as the verbiage does not require the notary to do something that is iilpgal for a notary in California (i.e. Certifying the authorized capacity of the signe)). Please check the document carefully fpr proper notarial warding and attach this form if requlred. R State and County information must be the State and County where the document signcr(s) personally appeared before the notary public for acknowledgment. S Date of notarization must be the date that the signer(t) personally appeared which roust also be the same date the acknowledgment is completed, * The notary public must print: his or her name as it appears within his or her commission followed by a comma and then your title (notary public). , Print the names) of document signer(s) who personally appear at the time of notarization. . indicate the correct singular or plural forms by crossing off incorrect forms (i.e. 4e/she/4l&y,— is le e ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. if seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. Signature of the notary public must match the signature on file with the office of the county clerk, Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. :• Indicate title or typo of attached doeument, number ofpages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i,e. CFO, CFO, secretary). • Securely attach this document to the signed document ULLICO Casualty Company 1625 Eye Street, N.W, Washington D.C. 20006 vul, III co Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS'. That ULLICO CASUALTY COMPANY (the Company), a corporation organized and existing under the laws of Che State of Delaware, does hereby constitute and appoint: JANINA MONROE, PAIL E. BOUCHI R, THOMAS G. MCCALL, TIM01-HY J. NOONAN, JEREMY YEUNG AND MICHELLE HAASE of LOCKTON COMPANIES, LLC Its true and lawful Attorney (s) in :fact with full authority to execute on its behalf bonds, undertakings, recognizanees and other contracts of indemnity and writings obligatory in the nature thereof. issued in the course of its business and to bind the Company thereby, in an amount not to exceed $5,000,000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted bythe Board of Directors of ULI-1C0 Casualty Company at a meeting duly called the I Sth day of July, 2009. RESOLVED,. That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Att'orncy(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile. signatures and facsimile seal shall l)e valid and biding upon the Company in the fr€ture with the respect to any bond or undertaking to which it is attached. IN TEsnMONY WHEREOF, ULLICO CASUALTY COMPANY has caused this instrument to be sigood and its corporate seal to be affixed by its authorized office this July 16`% 2009. NT ashyp` .� Daniel Aronowitz President ULLICO Casualty Company, a Delaware Corporation. On this 16'h day of July 2009, before me calve the individual who executed the preceding instrUlocnt, to me personally known, and beingby me duly sworn said that he is the therein described and authorized officer of the ULLICO CASUALTY COMPANY; that the seal affixed to said instrument is the Corporate scat ofs,id Company; that the said Corporate Seal and his signature were duly affixed. Y 4 1voialy Public CATHERINE M. OBRIEN NOTARY PUBLIC STATE OF MARYLAND MONTGOMERY COUNTY MY COMMISSION EXPIRES JANUARY 21, 2012 CERTIFICATE 1, Teresa F. Valentine, Senior Vice President, General Counsel and Secretary of ULLICO CasualtyCgca d h by hat the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this _ day of 20 _ are true and correct and are still in full force and effect. I do further certify that that llaniel Aronowitz, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of ULLIC0 Casualty Company, �, In Testimony Whereof i have subscribed my naive and affixed the facsimile seal of each Company this _._ day of ,�I � A r 1 i 20 Teresa E. Valentine Senior Vice President, General Counsel & Secretary U1..LI.00 Casualty Company TO: Maria Morris, City Cleric FROM: Deena Berens -- Senior Permit Technician October 17, 2011 SUBJECT: Grading Surety Agreement — Tract 16634 Park Site Grading Please find attached for your records, the original Grading Surety Agreement and performance bond # PHSB016000118 for 31842 Via Granada in the amount of $33,000.00 placed as a grading deposit for the Tract 16634 Park Site grading permit # B11-0640. Attachment