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12-1220_HABITAT FOR HUMANITY_Grading Surety Agreement0 0 GRADING 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 Habitat for Humanity a Non -Profit Organization referred to as "Developer". WITNESSETH WHEREAS, City will issue Grading Permit No B07-1044 to Developer to construct certain designated improvements which constitute a portion of that real property at the location of Tract 17027 Lot 1, commonly referred to as Calle Rolando Villas. 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 othercorrective 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 perthis agreement, are on file in the office of the City's Building Official. SD 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 $ 87,000.00 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, is attached as Exhibit "A". 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 "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 propertyto 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 0 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 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. Liabili . 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 I ? - I LJ 20 Q 7 at San Juan Capistrano, California. Developer By: (Signee) AIi7RK Kd/vrniA o (Title) sR, v, P, Approved a to For By: khn Shaw City Attorney City of San Juan Capistrano By: Sam Shoucair Senior Engineer 0 • EXHIBIT "B" SCHEDULE FOR COMPLETION OF IMPROVEMENTS Completion Date March 2008 December 2010 Task Rough Grade Certification Landscape Irrigation December 2010 Landscape Planting 11 EXHIBIT "C" 0 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 0 • 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. E 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493.1171 (949) 493.1053 FAX 1$ 11 "Ig December 20, 2012 Development Surety & Indemnity Co. PO Box 19725 Irvine. CA 92614 9 MEMBERS OF THE CITY COUNCIL SAM ALLEVATO ROY L. BYRNES. M D. LARRYKRAMER DEREK REEVE JOHN TAYLOR Re Release of Performance Bond — Habitat for Humanity (Grading — Calle Rolando Villas) Dear Sir or Madam: This letter is to inform you that the following bond issued to Habitat for Humanity of Orange County Inc., for Tract 17027 are officially released as of December 12, 2012: BOND NO. PURPOSE AMOUNT 733913S Performance — Grading (Calle Rolando Villas) $ 87,000.00 The City of San Juan Capistrano hereby fully and forever releases and discharges Developers Insurance Company from any and all liability under the abovementioned bond numbers. The original — released — documents are enclosed. If you have any questions, please do not hesitate to call me at (949) 443-6310. Sincerely, 1) Christy Jakl, CMC Deputy City Clerk Enclosures as noted cc: (Letter copy only) James G. Ross, Interim Public Works Director; Habitat for Humanity Mark Lorando, Sr. V.P. Sun Jt(un C(1j)i. 11.a11 ,- Nesel-ving the I ast t(J fil(hance the /Maty 0 I 11,.'. r<v�, ...,L,., • B, No 733913S Pre,_,,.jm 51.740.00 / 2 year term KNOW ALL MEN BY THESE PRESENTS, that Habitat for Humanity of Orange County Inc. as principal (hereinafter called 'contractor% and Developers Surety and Indemnity ompany , 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 Eighty seven thousand and 001100`"' Dollars ($ 87-00U0 ) 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 rlatad , entered Into a (describe agreement): Grading - Calle Rolando Villas , 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 attomey'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, aftaration or modification of the contract documents or of work the be performed thereunder. RELEASED Date; t-Z��`� Signature:( — — --' 4 City Clerk City of San uan-Capistrano CA 0 12TH Executed this At Irvine APPROVED AS TO FORM: 44,-� John haw, CityAttomey day of 2 December 0 20 07 Califomia. PRINCIPAL Habitat for Humanity of Orange County Inc (NOTARIZATION AND SEAL) SURETY Developers Surety and Indemnity Company {NOT I ION AND SEAL} Natalie Caicedo Lopez, Attorney—In—Fact 0 Executed this L`L"' day of December, 2007 Al Santa Ana, California. PRINCIPAL Habitat for Humanity of Orange County, Inc (NOTARIZATION AND SEAL) Mark Korando Senior Vice President, Site Development STATEOF California COUNTYOF Orange On Dec. 12, 2007 _ before rne,_ Ana Roldan, Notary Public (here insert name and title of the officer), personally appeared Natalie Caicedo Lopez personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons) whose name(s) istare subscribed to the within instrument and acknowledged to me that hersheRhey executed the same in his1herhheir authorized capacity(ies), and that by M&IherTthefr 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 Ulf WL1 f djf1.1 . __..__(SEAL) OPTIONAL ANA ROLDAN COMM. N 1697782 3 NOTARY PUBUC CALIFORNIA ORANGE COUNTY N My comm. expires Oct. S, 2010 Tllin ,nr,)Jrn Dllirad Nulunnl S.Irl 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 DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL CORPORATE OFFICER TITLE OF TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL U ATTORNEY-IN-FACT ❑ "iRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER:----,-. - - --- SIGNER IS REPRESENTING: NAME of OEnsoN(s) of; LOT IT Y{IES) Developers Surety and Indemnity Company NUMBER OF PAGES DATE OF DOCUMENT m-1232(REV. rzroe) ALL-PURPOSE ACKNOWLEDGEMENT 0 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT x.;iL'JiSA�:C/:c:Ca: '�`cfc.G>GCaSf^.OS:CSY'Llt_'rsYaa`i �',Ss4:a.S:�.'rile.'CSa.CLL`SSS6Y'dICS..�:4]".)c.:^is Cc.q:..Ciii,^si^6.�fc,_2YSs1f:C+.: State of California County of (�_Glytt :--- --._ ------ — I On i c rt(n,•t t.l, Z t': _ before me, _� _i iJ j ! Da.0 �-�- �.rT'eGO��•: ion. Jan-(bu lq(py t',.t �. personally appeared rR Aur AROSS . Commission At 1732162 Notary Public • California Orange County MyCamm. E0resApr 1S, 2011 '� personally known to me � (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) israre subscribed to the within instrument and acknowledged to me that helsheAhey executed the same in hisfierAheir authorized capacity(ies), and that by his/her/their signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my har>6d official seal. SignatureJ`' OPTIONAL 7rrough fbo ur(nnnatron hdluw ,s not requtrod by law. it rnayprove v, luable to person,, roving on the document and could pmvant traudulont removal tend roafiarbrnem o! this loan to anothr:r document Description of Attached Document Title or Type of Document pt;� f-, Ike /r Document Date: ___.. _. - _- . __. ...- Number of Pages: Signer(s)Other Than Named Above: _. -- _.-__---._.__-_- .. Capacity(ies) Claimed by Signer(s) Signer's Name: _- _ Signer's Name:_ Individual Individual Corporate Officer—Tilgls): 1G.. V_? e'Cr�+4�}tf Corporate Officer—Tille(s): Partner — Limited General ... Partner — Limited General , Attorney in Fact Attorney in Fact Trustee i • Trustee Guardian or Conservator Guardian or Conservator Other:__._._._._-__...._ - .—_-___ I - Other: Signer is Represenlrng:_ .._._ I Signer is Representing: re .IJ ck. �.. c•.r.;. �r -c� r51W4 NJunpl NpldV M1iallalY; K!..We• r)naj•.nti3O.t�ve,cv1.O�em-uxUx GA III 'llJ _:OleA�lo.InNo 5W. 7v6a0(lCOrilcr Call 011 Lc,•1-0[N)-NpG 61I°, , U U POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA 110 BOX 19725, IRVINE. CA 9262.1 1949) 263.3.100 KNOW ALL MEN BY THESE PRESENTS. doll except as expressly limited. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDIibINI I Y COMPANY OF CALIFORNIA, it,, each, hereby make, mnsthme and appoint ***Keith E. Sandrock Sr., Patricia J. Sandrock, Natalie Calcedo Lopez, jointly or severally*** u their true and lawful Atlomvyls)-in-Fact. to make, execute. deliver and acknowledge, lir and oo belall'ol'soid uor nia[ions. as surotes. Minds, undertakings and eonuae[s of suretyship giving and Starting unto said Aumney(s}in-Fact ILII power mud authority ludo mid to fwi form every act necessary. requisite or proper to be done in connection therewith as mach of mid corporations could do, but reserving to each of said corporal inns full Power of subslimtion and revocation, and all of the mets of grid AOomey(s)-in-Ful. pursuant to these presents, arc hereby ratified and confirmed. This Power of Attorney is grated and is signed by facsimile and%r and by authority of the fill timing resolution adopted by the rcspcctive B,xarl of Directors of DEV ELOPERS SURETY AND INDEMNITY COMPANY and INDEMNI'T'Y COMI-ANY OF CALIFORNIA. effective as of November 1, 2w): RESOLVED. that the Chairman ofthe Board, the President and any Vim President of the corporation be, and that each of Ilion hereby is. auihorocd to execute Powers of Attorney, qualifying Ibe auomcy(s) nonmed in ole Powers afAuamey to execute, on behulfor the corporations, boas, aacro,Liigb and a+ntruce of sur ayship. and [hot the Secretary or any Amistanl Sectary of the emporations be, and cacti of dam hereby is. authorized to nuns the execution of any such Power of Attorney: RESOLVED, FURTHER. that the siglmmrn of such officers may be affixed to any such Power of Auomey or to any ceniftmte refining thereto by hcsimile, and any such Power of Attorney or caniRcatc hearing suds facsimile signatures shall be valid and binding again the corporation when w alliacd and in The future with respect to any bond, undenakinS or colonel of suretyship to wroth it is attached. IN WITNESS WHEREOF. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents a be sitmed by their respective Executive Vim ['resident and at[c+nd by their respective Seroretary this Iso day of [)member, 2005. By:14 ANPAN y 0, David H. Rhodes. Executive Vice •q--''�POR'HOe° COMP Oq O Walter A. Crowell. Secretary STATE OF CALIFORNIA COUNTY OF ORANGE P q� Fy P OCT. i E 10 n = 1936 =+ 40 ♦ y tad r 2 ? OCT. 5 u�i 1987 a ti q(/FOPNx r WOW.p t�U On December 1. 21X15 before me. Gina L. Cromer. Nmary Public (here insou none and title or the ouicat. personally appeared David H. Rbules and Walter A, Crowell, personally known to are (or Proved to me on the bads of satisfactory evidence) to he the petals) whose namctsl Ivaco subscribed to the within irWrontehT ata acknowledged to tax that hdshehhey executed the same in hisnua Aheir authorized copocity(fn). and that by hisigmAhcir si}mawrds) on the insimment the persart(s), or the entity upon behalf of which the "at s) wed, executed the instmmem. WITNESS my hard and official seal. Signaluh 677,-- "—<0' d" ----------------- GINA L GARNER COMM.1111 1559561 (SEAL) NOTARY PUBLIC CAUFOII$" ORANGE COUNTY gaIggiNlaWals Ry comae nes Mry. 15.213011 CERTIFICATE The undersigned, as Assistant Sccrerary, of DEVELOPERS SURETY AND INULMNITY COMPANY and INDLMNITY COMPANY OF CALIFORNIA. does hereby ecnify that the foregoing Power of A[lunicy mi Gins in full furca mrd has our been revoked, and furthermore, that the provisions of the rusodutiom of the respective Boards of Directors of said corporations act forth in the Power of Mmmcy, arc in force as of the date of this Ccrtiftcate. This Callficare is executed in the City of Irvine. California. the 12TH,yof December 2007 fly Albin Hillubrond. Assisting Secretary I0-1380 (Kev. 12/15) 0 0 Christy Jakl From: Christy Jakl Sent: Thursday, December 20, 2012 1:38 PM To: Jim Ross; Deena Berens;'mark@Habitatoc.org' Subject: Release of Habitat for Humanity Grading Surety Performance Bond Attachments: 12-1220 Habitat for Humanity Surety.pdf Good Afternoon, Please see the attached bond release for Habitat for Humanity of Orange County, Inc. Let me know if you have any questions. Happy Holidays! Chrilst-� Jakt, Civic Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6310 1 (949) 493-1053 fax "Please note: In observance of the winter holidays, City Hall will be closed Monday, December 24th through Tuesday, January 7st. City Hall will reopen on Wednesday, January 2nd. HAPPY HOLIDAYS!. MEMORANDUM December 12, 2012 TO: Maria Morris, City erk FROM: James G. R I rim Public Works Director SUBJECT: Grading and elease, Habitat for Humanity, Tract 17027 This memorandum is authorization to release the grading bond posted for the Habitat for Humanity Site Grading, Tract 17027. The grading bond place for the grading for permit # B07-1044 has been completed for this project has been authorized for release. Performance bond # 7339132 was posted in the amount of $87,000.00 as security. Please find attached a copy of the Surety Agreement and Bond for your use. If you have any questions, please contact me. Attachments Contact information: Habitat for Humanity Mark Korando, Sr. V.P. Tel (714) 434-6200 • GRADING 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 Habitat for Humanity a Non -Profit Organization referred to as "Developer". WITNESSETH WHEREAS, City will issue Grading Permit No B07-1044 to Developer to construct certain designated improvements which constitute a portion of that real property at the location of Tract 17027 Lot 1, commonly referred to as Calle Rolando Villas. 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. 0 0 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 $ 87,000.00 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, is attached as Exhibit "A". 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 "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 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 E 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 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. Liabili . 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 1 I- 1 Ll 20 D7 at San Juan Capistrano, California. Developer id - By: (Signee) v (Title) -s-R, ✓. e Approved ato For By: khn Shaw City Attorney City of San Juan Capistrano By: Sam Shoucair Senior Engineer 0 EXHIBIT "B" 0 SCHEDULE FOR COMPLETION OF IMPROVEMENTS Completion Date March 2008 December 2010 Task Rough Grade Certification Landscape Irrigation December 2010 Landscape Planting 0 EXHIBIT "C" 0 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 0 0 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. No 733913S • ium $1,740.0012 year term PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that Habitat for Humanity of Orange County Inc. called "contractor", and Uevelopers Surety and Indemnity Company , as Surety (hereinafter called `Surety"), are held and firmly bound unto the City of San Juan Capistrano, as oblige (hereinafter called "city"), in the amount of Eighty seven thousand and 00/100*** Dollars {$ 87,000.00 } 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): Grading - Calle Rolando Villas 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 wodc the be performed thereunder. 0 0 Executed this 12TH December At Irvine -- dayof� 20_ � , California. PRINCIPAL Habitat for Humanity of Orange County Inc (NOTARIZATION AND SEAL) SURETY Developers Surety and Indemnity Company AfNOT ION AND SEAL) APPROVED AS TO FORM: Natalie Caicedo Lopez, Attorney -In -Fact John . haw, City Attorney 2 Executed this I!Ll " day of December, 2007 At Santa Ana, California. PRINCIPAL Habitat for Humanity of Orange County, Inc (NOTARIZATION AND SEAL) Mark Korando Senior Vice President, Site Development 2 0 • sTATEOF California COUNTYOF Orange Dec. 12, 2007 , before me, Ana Roldan, Notary Public (here insert name and title of the officer), personalty appeared Natalie Caioedo Lopez personalty 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 helsheRhey executed the same in NwherAheir authorized capacity(ies), and that by hislher/their signatures) on the instrument the person(s), or the entity upon behaN of which the person(s) acted, executed the instrument. WITNESS my hand and official seat. OPTIONAL ANA ROLDAN COMM. If 1697782 NOTARY PUBLIC CALIFORNIA IL ORANGECOUNTY N My comm, expires Ocl. S, 2010 This areafor Official Notarial Seal 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($) ❑ LIMITED �y5 ❑ GENERAL I_J ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OF ENTITY(IES) Developers Surety and Indemnity Company DESCRIPTION OF ATTACHED DOCUMENT TITLE OF TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT ID -1232 (REV. 12/05) ALL-PURPOSE ACKNOWLEDGEMENT 0 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Countyof OIrag6 On hecev IV, 14, 2 Y before me, P l -F& A _ R�-,L , Data Name and Title of Officer (dg .,'Jane Der. Notary Public') personally appeared I�AYK I<ufzMUD�' Name(s) of Squads) RITA A. ROSS Commission N 7 732162 w Notary Public - California F - Orange County 7 ' ' MyCorr n.EVi;wAprt5,201t Place Notary Seal Above VI personally known to me J (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 person(s) acted, executed the instrument. WITNESS my hagtf4d official seal. Signature OPTIONAL Though the information below is not required by law, it may prove vdluable to persons relying on the 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: D Individual -Corporate Officer—Title(s): 5r. UU,,e Y'(ekdelt% 0 Partner —❑ Limited C General _ D Attorney in Fact Top of thumb he*e ❑ Trustee D Guardian or Conservator FJ Other: Signer Is Representing: Number of Pages: Signer's Name: D Individual D Corporate Officer—Title(s): ❑ Partner —D Limited D General L Attorney in Fact i7 Trustee ❑ Guardian or Conservator Ll Other: Signer Is Representing: I C 2006 Na4onat Notary Aesoalation • 9350 Oe Soto Ave_ P0. aux 2402 - Chatswo<th, CA 91313-2482 dam No 5907 v609 Reorcler. Calf Tal -Free 1-809-8766827 POWER OF'AT'T'ORNF,Y FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725, 1RV'INF.. CA 92623 1949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, floor except as expressly limited DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint ***Keith E. Sandrock Sr., Patricia J. Sandrock, Natalie Caicedo Lopez, jointly or severally*** as their true and lawful Altorney(,i-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bunds, undertakings and contracts of smYlyship giving and granting unto said Atrmiigfsi-hr-Fact full power anti authority to do and to perform every act necessary. requisite or Proper to be done in connection therewith as each of said corporations could do, but reserving m each of said corporations full power ol'substitution and recreation, and all of the acus of said A(tonacyis)-in-Fact, pursuant ter these presents, are hereby ratified and confirmed. this Power of Anomey is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective (bard of Direcrors of DEVELOPERS SURE I Y AND INDEMNrfY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November 1,'_0(X): RESOLVED, that the Chairman of the Board. the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powersof Attorney, qualifying the auomey(s) named in the Powers of Attorney to execute, oto behalf of the corporations, bonds, undertakings and contracts Of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of thein hereby, is, authorized to atlebl Iht execution of any such Power ofAfomey: RESOLVED, FURTHER, that the signatures of such officers rally be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate hearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any, bond. undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and arrested by their respective Secretary this Isi day of December, 2005. By' oft! AND ......OMPANYO�^ David H. Rhodes, fixecutive Vice -President . ,a .• _ ..e , V n Sine : mai 2 : w: OCT. �F TT.5 ,ac 10 -o: W 1967 13y: ry O 1936 z �7J_`'•.rOW A....•dD OI- c9CIFOW Walter A. Crowell. Secreta STATE OF CALIFORNIA C'OUN'TY OF ORANGE On December 1. 2005 before me, Gina L. (lamer, Notary Public (here insert name and title of the officer), personally appeared David H. Rhodes and Walter A. Crowell. personally known to one (or proved to me on the basis ofsatisfactury evidence) robe the person(s) whose turrets) is'are subscribed to the within instrument and acknowledged to me that heishehhey executed the same in his/her/their authorized capacity(ies), and that by his/hcrhheir signamre(s) on the instmment the person(sl, or the entity upon behalf of which the person(s) acted, executed (lie instrrurrent. WIT NESS my hand and official seal. Signature 6 GINA L. GARNER COMM. # 1569561 NOTARY PUBLIC CALIFORNIA (SEAL) ORANGE COUNTY a MY comm expires kqy 19,2009 CERTIFICATE The undnsigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. docs hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and for thernore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in (lie Power of Attorney. are in force as of the date of this Certificate. This Certificate is executed in the City ofln'ine. California. the 12THday of December 2007 By Albert Hlllebrand. Assistant Secretary 10.1360 (Rev. 11(15) Run Oeh: N 12 Tqe 1 e1J CM 01 Rl�lpal Xapat Fw vuea�V �k09q yl]2Rb BaJIO ]3'19195 COXpw CkydSin JUT CiQMem , pgey qle VM013 BoNMrt 5180.903 Tnit IWi F�%b CwpN Q cwamgNq sleoaM ovc swmomw Fsseaepclb.�o.Y Ramri�Pmm S1.W9.W FwrBg W Ot Rbcpy Madbl Falhni01Y] IRUeyp1 W7M M Bw4o >3a01� Ot49n Cgasn]uai Co(ahpyw IbYM14lq 3/174013 Baq Net 3313.899 Taq TN 11= Rgpxb Oanpe! o wmattNn szuw9 4am sewm]sam. iuc9eeig19e Dare Roie.rm hiT� RtA.W Fi� Gq Ol V172 BggN ] l]5 O it l]yd5an luT CapNhuo Rar�ell qly 37] 13 BoeO Nn S1b.536 T. 1]lQi NfnYbCwplaO O l.'O�Vect/ge ifa8.838 A3c IaitruSaTgs80n F#OgepbYpn Oie RgwrlRgn S�IBiW Fro�eTB tlP 01 FnegWl HYXrtfwIMMb 9aue DaY Bw4D 7WIWSIUM2 4yd9T JUTGTIuvpw Rae 3I1]rzO1J MM13 Bwtl MR TO St8Ij1J Tr+c[ t earn pge.W,� Q CemWtluel S.vs.w WAee6hYKV AppUMv2U Fy Cgpyebgipq RezM Tem n. 51.8]5.00 Flnrt'iq 4M 01 Tba" H Fw1YmFNY WwDab 3'1]lAM Bergb ]3W195 CEBiq dydS .Capbww Yi7f 3 Ba AW SLOW T+R 1MZF Ran%b4apkle CaMc[Aml gmwel6 gt Ogyyyae qy Reamgl Tem SIMM W.W FW d4 M prvJpd Nepiy Fwlbna�fy BII�W> Bdtlb ]33M]5 Cd9M IaG'018T JWn Casma IYgMIMb N611613 Belbline S38,SW Tnm eeM21b1.W,08,0> Rlm Ybfmpleee O 4g9MNM SJB.FO dsc Mk13Mga^44 Fa CY6 6t CggfRim 0ele RFtlail Tam S.b9.W Fi�wrWg Oq Ol TNeipy Y4ayy{Fgiyeali Yyy� y� lwNo >93155 4CiBs Gras L CIpR VMNMIW Klb20M13 Bwtl Nnt i1u.183 Taq WB�1101,Of,W,0> �%b O Cwba[t Net S1 N,1&5 QIOC $beel YeggiaOpey Fq _ ,Ri••.`._•�.�-_.•--+._~' T TMgal HMbIFq HTaNd Ww W! IYIbZOJ)•.�... 0wgb T33b35 omlp Ciyd ST JUT C.v9 pm RpmYM Mle 12Ab2013 BNb MR W.WO Tn WSi/i2 11gpXbCg1NAF GOMIgAe[ SM.OW 4v[ Gwly eRpryp Vls 6[Cm{YbnWb R.new Tme um.W Flw , 01 Pki RYgGFa l4Nii0' Yam Ws blz! BwE IO ]3%185 40YWe CbdSTIUTCiYiT> (MggllDi YTM'3 lwq M2 5140.183 1. 1>@> Ras %b CgeyYle (j CMrvv Nm TaB.1W Oeac StregMeYp'9PaY0Y1Ws E#Cviiatlpf Dpe �I Tqn 51.iY1AD Fvunag Run Oeh: N 12 Tqe 1 e1J MEMORANDUM TO: Meg Monahan, City Clerk FROM: Deena Berens, Senior Permit Technician SUBJECT: Performance Bond, Tract 17027 Precise Grading Habitat for Humanity - Calle Rolando Villas January 3, 2008 - - - -- ------------------------------------------------------------- Please find attached for your records, the original Grading Surety Agreement and Performance Bond # 733913S in the amount of $87,000 for the placement of bond for the purpose of precise grading for Tract 17027, Habitat for Humanity- Calle Rolando Villas. Attachment