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)
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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