13-0501_PACIFIC TANK_Grading Surety AgreementMEMORANDUM May 1, 2013
TO: Maria Morris, City Clerk
FROM: Deena Berens — Senior Permit Technician
SUBJECT: Grading Surety Agreement — Pacific Tank
-----------------------------------------------------------------------
-----------------------------------------------------------------------
Please find attached for your records, the original Grading Surety Agreement & the original
bond # 024040155 in the amount of $5,426.00 placed as a grading deposit for the Pacific
Tank located at 31551 Avenida Los Cerritos — Grading permit # B13-0031.
Attachment
Z) ORIGINAL
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 Capo-Pac, LLC, a Limited
Liability Company referred to as "Developer".
WITNESSETH
WHEREAS, City will issue Grading Permit No B13-0031 to Developer to construct
certain designated improvements which constitute a portion of that real property at the
location of 31551 Avenida Los Cerritos, commonly referred to as Pacific Tank.
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 $ 5,426.00 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
�y'' jl� r' C 20 r
Approved q� to Form:
r
By/ JAmes Ross, Interim Public Works Director
� • 1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of -
On A14 4J ` %J before me, � �°�f3rl� +�C17Lfx>�f }d�� `>
Date Here Insert Name and Title of the Officer
personally appeared
Name(s) of Signer(s)
who proved to me on the basis of satisfactory
evidence to be the person(&) whose name(s) is/arm-
subscribed to the within instrument and acknowledged
B. NELSON to me that he/ executed the same in
a .A Commission # 1898791 Z his/� authorized capacity(ie5 , and that by
Notary Public - California z
Z Orange County b his/fir signature(G) on the instrument the
My Comm. Expires Aug8, 2014 person(s), or the entity upon behalf of which the
person(* acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature:
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: _ �racl>nA jardY ('('. t',� 7`
Document Date:
Signer(s) Other Than Named Above: _
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
❑ Partner — ❑ Limited ❑ General Top of thumb here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
Other:
Signer Is Representing
(9 2009 National Notary Association • National Notary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907
EXHIBIT "A"
SCHEDULE FOR COMPLETION OF IMPROVEMENTS
Completion Date
May 7, 2013
July 15, 2013
Task
Rough Grade Certification
Landscape Irrigation
July 15, 2013 Landscape Planting
I`.
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
UDIRIGINAL
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.
4
Bond No. 024040155
Premium: $100.00
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, that Capo-Pac, LLC
,as principal (hereinafter
called "contractor", and The Ohio Casualty Insurance Company
, as Surety (hereinafter called "Surety"), are
held and firmly bound unto the City of San Juan Capistrano, as oblige
(hereinafter called "city"), in the amount of
Five Thousand Four Hundred Twenty Six and 001100 --------------------------------------
Dollars ($ 5,426.00 ) 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
April 23, 2013 , entered into a (describe agreement):
Developer to construct certain designated improvements which constitute a portion of that
real propert at the location of 31551 Avenida Los Cerritos, commonly referred to as Pacific Tank
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 23rd
.day of April 2013,
At Laguna Niguel , California.
SEAL
The Ohio Casualty Insurance Company SEAL
S u rety
Bv: 40�111�
IF f
Serfrey-R. Gryde, Attorney -in -Fact
TH!S POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
Certificate No. 5901260
American Fire and Casualty Company Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company West American Insurance Company/ J
mr
AL
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of
the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company
is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute
and appoint, Jeffrey R Gryde
all of the city of Laguna Niguel state of CA each individually if there be more than one named, its true and lawful attomey-in-fact to make, execute, seal, acknowledge
and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall
be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 19th day of December 2012
American Fire and Casualty Company
N
The Ohio Casualty Insurance Company
O
Liberty Mutual Insurance Company
N
a)
CL
West American Insurance Company
y
By:
C
STATE OF WASHINGTON ss Gregory W. Davenport, Assistant Secretary
=
w L
COUNTY OF KING
C
NOn
this 19th day of December 2012 before me personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of American
m
u y
Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do,
>%tA
O = execute
the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
W
y >
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Seattle, Washington, on the day and year first above written.
00.
By:
O
O i
KD Riley, Not Public
N C
ai o
�.W
CM
This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance
t0E
to o
ai },
Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
t o
i
ARTICLE IV—OFFICERS— Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject
p
a)
to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal,
p
acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective
a0i
:5 3
E
powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so
'—
executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under
(D
> =
the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
) 0
ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president,
w 00
> L
and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute,M
O
seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their
= o0
Z v
respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so
00
executed such instruments shall be as binding as if signed by the president and attested by the secretary.
Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport, Assistant Secretaryto appoint such
E
attomeys-in-fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and
other surety obligations.
Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I, David M. Carey, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West
American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies,
is in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 23rd day of April 20 13
By:
David M. Carey"Assistant Secretary
LMS_12873_092012. - 72 of 251
CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of Orange
Z
On Vr`� �> '" before me, P Zeis, Notary Public, personally appeared Jeffrey R. Gryde
Who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed
to the within instrument and acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument the person, or the entity upon behalf of which
the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
r P. 1EIS d
WITNESS my hand and official seal. .. COMM. #1974059 z
tr _"1
z Notary Public - California o
°E%� Orange County
M Comm. Expires Apr, 29, 2016
DESCRIPTION OF THE ATTACHED DOCUMENT
ENT
('title ordeign ion a5f �tta�l � t A&er5etat}
("rifle or descriptim of attacked document continued)
Number of rapsDocument D=
(Additional information)
CtiPACITY CI,A , M BY THE SIGNER
[3
Individual (s)
L]
Corporate, Officer
4Tfi1
O
Partner(&)
�tttrwrrtl�"-i.��F
❑
Trustee(s)
®
tither
FNSTRUCTIONS FOR COMPLETING THIS FORM
Any mmpketed in Cafe ornla Iwai covatnn verbiage esaretly at
4ppears; above in dte naxtary section or at teatraiwe oe*nowleeu merat fbrm errs; be
pr'apvvh completed and atiaehed ora that llovwment. The arty eAr tpw it 1f° n
daacumem it to be recorded owide off 41jfnrrvrm Insuch htstanret. torr ttller>na dve
acknawleitment wbiaV as arm be printed avr srrclr a aaeetareat ttt dam* at ttte
>t filoge drves #tit mire the fl0fury to do somexhing thar Is ifielp9far a now" in
Cr Nfortua (Le, crrrifging the aauthrtrr ccrpaacitr of Me signer')- Please chwk due
dommentemrejtYyforprom7mourrildwording and anach Murfmwe afrequaare+d.
• State and County information mug be the State and Gaudy wherc the documeent
sigats(s) perunally a red before the, notary public C ackoow tnetat.
* Date of notariall6on must be the date that the signer(s) Femonally appeared which
most also N the sante date the acknowledgment is completed,
as The ate,3tary public must paint his it her name as it app %40tin his at her
contimitsirrra ral kiworl ly s Comm and them your riffle f rectary pasbliel.
a Mal The 'wane($) of . u.letew sign. s.1 who personally appear nt the t+nae of
aartir!m.
• IntliCate the coffect "4 r or palurtil forwa by ca sing riff' "ect, ferns (i,e-
haarshe it bare l or circling floc corma forties, Failure to correctly indicate this
infomation may lead to refection of dmuiriculrecording-
-
The atotary seal iaripz 'tars 'rust be deur and phouTtraphicalty reproducible
tnapress6usn Inust Ila cover teats or lbtes. if s)eal impression srt l if a
srtll-tuicrtt arca mita, Otherwise COmplCtr a cliff a -c nertttleti form,
* Signature of tete notary public most toatch the signature on rile with the office of
the County clerk,
Additional inkermation is not mquired but could help tv ensure This
aclourlwiLdgumilt is not roesumd or attached to a diffcrerat doc:Uatent.
Indicate title of of atlaebed docttancnt, roinaber of es and dw
:r indicate the capacity claimed by the sitter, if the ch itned capacity is a
crarr.Ioralr offiker, indicate tht 10te(1,e. CEO, CFO, Secretary).
0 securely aMlch this document to the si