11-1013_RANCHO SAN JUAN DEVELOPMENT, LLC._Grading Surety Agreementa
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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".
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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
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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
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(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
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executed the same in D%,!her/authorized capacity i,
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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
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and correct.
Witness my hand and official seal.
Signature `� .�
Place Notary seal Above Signature of Notary Pubiio Susan E. Morales
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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