Loading...
14-0614_SNYDER LANGSTON_Staff Memo MEMORANDUM June 16, 2014 TO: Maria Morris, City Clerk FROM: Deena Berens — Senior Permit Technician SUBJECT: Precise Grading Surety Agreement— Lot 217— Medical Office Building Please find attached for your records, the original Grading Surety Agreement& Performance Bond #24056893 in the amount of $1,017,610.00 placed as a grading and improvements deposit for the Medical Office Building located at 31001 Rancho Viejo Road —Grading permit # B 13-1126. 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 Snyder Langston. LP a Contractor referred to as "Developer". WITNESSETH WHEREAS. City will issue Precise Grading Permit No 813.1126 to Developer to construct certain designated improvements which constitute a portion of that real property at the location of 31001 Rancho Viejo Road. San Juan Capistrano. CA. commonly referred to as Lot 217 Precise Grading. 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 depicted on the plans entitled "Precise Grading Improvement Plans for Accretive RA SJC MOB" as approved by the City Engineer,on May 27, 2014. The grading permit and plans. which describe all the work to be constructed pursuant to this agreement, are on file in the office of the City's Building Official. Grading Surety Agreement. Permit##813-1126 Page 1 of 6 ORIGINAL 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 1,017,610 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 (performance bond and labor and materials bond), as approved by the City Attorney, is attached herein. 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"1 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 hydroseedingl to insure a uniform vegetative covert or equivalent stabilization measures which include the use of such Best Management Practices Grading Surety Agreement. Permit#613-1126 Page 2 of 6 ORIGINAL 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 or 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 .20 Developer-: Snyder Langston. LP A California Limited Partnership By: Snyder Langston CO. It. A California corporation As General Partner By: (Signee) u : iffer (Title) Chief Financial Officer City: Approv d as to Form: Accepted: �&J By: City Attorney By: Building Official Hans Van Lighten Bret Caulder Grading Surety Agreement. Permit#B13-1126 Page 3 of 6 AMIM - - gy EXHIBIT "A" SCHEDULE FOR COMPLETION OF IMPROVEMENTS Task Completion Date Precise Grading Permit (no retaining walls included): 1. Complete rough grading @a Upper Lot Sept 2014 2. Start installation of onsite Storm drain work June 19. 2014 3. Start & Finish Soil Stabilization work May 20 —June 20. 2014 4. Curb & Gutter work Nov 2014 5. Walks. Railings & Fences Dec 2014- Feb 2015 C. A/C Paving Feb 2015 Grading Surety Agreement. Permit#813-1126 Page 4 of 6 ORIGINAL 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 Developed 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 Grading Surety Agreement. Permit#B13-1126 Page 5 of 6 ORIGINAL 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 depu�. 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. 11. Exoneration of Bond: Bond shall be released upon signoff of permit. 12. Warranty Period: There shall be no warranty period as it relates to the scope of work covered by this Surety Agreement except as contained in the separate Agreement covering the construction of the project between Snyder Langston. LP and Accretive San Juan Partners. LLC. 13. The issuance of this Grading Surety Agreement with accompanying Payment and Performance Bonds and Rough Grading Permit#B14-0077 signoff, will exonerate the Rough Grading Bond &Grading Surety Agreement covered by Grading Permit# B 14-0077. 14, This Grading Surety Agreement does not cover the Retaining Walls under Permit #814-0315. which are part of a separate Grading Surety Agreement. Grading Surety Agreement. Permit#B13-1126 Page 6 of 6 P 'd Number: 24056893 ORIGINAL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that Snyder Langston, LP ,as principal (hereinafter called "contractor", and Liberty Mutual 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 One Million Seventeen Thousand Six Hundred Ten and 01100 Dollars ($ 1,017,610.00 ) 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 Surety Agreement, Grading Permit No. B13-1126 to construct certain designated improvements which constitute a portion of that real property at the location of 31001 Rancho Viejo Road, San Juan Capistrano, CA, commonly referred to as Lot 217 Precise Grading , 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: 1. 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. ORIGINAL Executed this 19th day of May, 2014 X At Newport Beach , California. PRINCIPAL. Snyder Langston, LP . , �j �04 q' I'#4d- I& ldka 1,�C'w- (NOTARIZATI D SEAL) SURETY Liberty Mutual Insurance Company (NOTARIAZA ION AND SEAL) Heather Saltarelli, Attorney-in-Fact CALIFORNIAORIGINAL LI- ACKNOWLEDGMENT State of California County of Orar'ge MAY 201 K. Luu, NotaryPublic On before me, — ---He lna;W mes�q Yee ms personally appeared Heather Saltarelli taj 5F ;rtw who proved to me on the basis of satisfactory Wdence to be the person(it)whose name($) is/W subscribed to the within instrument and acknowledged to me that Wshe/tfty executed the same in ft(herAMW authorN*d capalcity(1 ), and that by filfterAVW slgnature(A) on the K, jUju instrument the parson(t), or the entity upon behalf of 41U�.nlrllr.E,s�cEn :,7.9F, which the person($)acted,ex+eoAed the instrument. certify under PENALTY OF PERJURY under the laws u ,r'f"An fY My 1 „ f, of the State of California that the foregoing paragraph is true and correct. WITNESS my hand andjtial seal. Signature FUM r�mry AU" e �of parr mesa OPTIONAL Though Me fnfomrattan bebw is not mgifimd by law,,It rosy prove valuable 0 persons rely{ng on the document and oordd prevent fraudulent removal and reatfachment of this form to another document Description of Aft hed Document Titlo or Type of Docurnant: Document Date: Number of Pages: Signers)Other Than Named Above: _s Capaelty(ies)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ©Individual CI Corporate Officer—Title(s): ....... . . ,.. ©Corporate Officer—Title(s): 0 Partner—❑limited 0 General ©Partner—D Limiters C7 General 13 Attorney In Fact ❑Attorney In Fact 0 Trustee Top of rr nye O Trustee 'ot "thumb e d Guardian or Conservator 0 Guardian or Conservator © Other: ©Other: Signer Is Representing:, signer Is Iepresenting: DOWNafEOFWNftry IMODoSOD AM.20,80A24M'C WjW2kCA01813-24Q2-WM "g Ism Q7 Aenader.CaHTr 1 97k�G7 "THIS"F'DWER,©F"ATTdRN.EY fS NOt SLID UTdLE"SS"IT;IS PRiNTEA dW I,ED.BAQK- ''E}UND This P6vier of Attorney lltitits,the ants Of those.na i:a:Wn,and:they have to authority to biri the Company tax n the manner and tot he extent herein stated Certiftate No.;4' tris A2.maricari Tire and Casualty Company liberty Mutual Insurance Company The. hie Ca.stia[ty In urance Company West,merican Insu ano'e Company POWER OP ATTORNEY ICNOSfUNALL"PER$ONS BY; HESE PI ESENTS.:"lfiat American Fire.&.,Casualty Company antl The Ohio Casualty Insurance Company are'oorporations duly prganizetl untler,the laws of the'Slate of New Hampshire;.that Liberty.Mutuaf Jrisurance Company ss a corpgrationduJy"organized under the laws of the Slate of Massachusetts;,and UVestAmencan"jnsurance Company 1. is a corporation dilly organiaetl under the laws of ttie State of Indiana(ftetatn aafiacfivelycalled.the"Companies} pursuant to and by"authatt>y hemTr setfarth::does hereby name;constitute an appoint,""�"Heather Sahel elli: 7ariaes"A_fSchal.ier'""Jeri A odaca Kfin Luu'fvfrohaef:L3,"Parizino Racl elle I3i7eaiilt ,6 rida G."Abei all of the:. .y.o.f NewoorCl3each state of CA each individually ifthere be nage than one named it&true Arid lawful attorney in-fact to make. execute,seal,acknowledge,. . 1. and"deli6er for and:on its.behaif as surety and as its actand.deed anyand all tinuertaktngs:bonds reeognizanees and other surety ou6gatrons,.iq pursuance of these?'presentsand shall be as biridtng upo he"Cpmp,anies as if:;they have:been"dufy,signed by.the presides#and attested by the secr1.etaryof the Corttpanies in the owti�roper persons IN WITNESS WHEREOF this Power of Attorney l a5 been siibscnbed by an autt?or�zed officer or ofli' of the 6:' an': and the pziipprate seals of the Companies:have been affixed ... ..I sfhis 19th. 1. day of Februa � 2a7a:r. 1. '; Amercoh ee and Casualty Company -; The Qhio"Casualty insiararice Company N Liberty Mutual Insurance Company as IIlest American Insurance Company ,ww `� f 1. •Vl.: Y/. �+ ` 11 R. STATE OF PENNSYLVANIA ss�� pavfd,Pv1 Care ,�Asststant'Secretary &: �% U. TY OF"MONTGOME"RY 11 r R; ; 1.=: pj .On this;19th day of February. 2ota ..before,'me personally appeared pautd ill Carey,v. o�knowledged himself to",be the Assistant Secretary of Ai neat Fire and Q of Casualty:Company;;Liberty tvk tual Insurance"Compan' Tile Ohio Casualty Insurance Gampa iy,and West American Insurance"Company"and that he,as such,beingiauthorizedJso to do, p �: executene fpregarng tnstruniont for tfse:purposestherein eontamed byagng on behah of the carporat%'ons by hrrself as a duly authoPized offiaer: �m as ? IN WITNESS Wt IEREOF I have heoe Tito subscnb of my€rare and affixed my notarial seal at P1, , , h Meeting Pennsyivania on.the�day and year first above wntten> 0 s1.ki W.Z::. 4Q M: �:: 1:1 , rp: Byct a O M t J Teresa Pastella,N. ry:Pubtic U. .. a;o. 0 �< m This PoWerofAttorneyism eandexecutedpur�am#ib,odfayauthorityofthefQiloi ngBy(atiJsandAut1.horizatiorisofArtlencan;=lreandCasualtyCompanyTheOhbGasualtyInsurance 04' ,�'",, Company Liberty h ptual Insurance Company and West iFmeitc n Insuranee Gorppa1.ny'which.resolutions I. are now:n full fares:and"effectreading as follows C.1. 4?: ART9GiEfV OFF..KERS-Sectron92.PowerafA1tomey,Any:.b icerorotheroffcialoftheGarporationauthonzed.forthatpurposeinwrit€ng.by-the.ChairmanDrthePresident66 :' bfech .o C:: to such Iimrtallon as the Ghaimtan or he President'may prescribe,"s a.11 appoint such attorneys€it#act,as may#fie necessary to act in.laehalf of the Corporation to Make,execute,seal, �+� ., D acknowledge and deliveras surety any"a. all undertakings,Bonds cognizances and other_surety ob igations. Such tomeys in.fact,:subject fo,the Ilmitations set forth:�in their itspective : : E powers of attorney shall1.have lull you r to bind the Corporation by their signature and execution of any such ins'. '':, is and to."' ' `h thereto`the seal sof the Co""rporation men so o ® executed;such instnrments shiatl t e as binding as ifsigned t yt1.he Pr@side€�t"and attes1.ted to by_tha Secretary Any pouuer or"authority granted to"anyrepresentafive or attorney-in fact under ,4' the provisions af'thts article may be revoked at anytime by tf e:Board ttfe Chairman the Presides#or by the offiGet;or off1.icers:.granting stiGh power br autttorffy ." :. ARTiCLI Xllf Execution of Contracts=:SECTION 5 Surety Bands antlillnderta.,mgs Any"officer of the Company:authorized for thatpiirpase in tAirrtting by the chairman ar the president oa j >",_' and subject to Suoh conation as the'chairman or the president may prescribe shall appoint such atfgmays-�-fact,'�as snay be�pe� sary�fo act fn behalf ofthe Companyao make;execute, C4_. 1. rs seal;acknow1pdga and.efiver as surety arty and ail undertakings bonds recogn,,I ..s and other su. o'. 11.tions Such attomeys iri-fact subject,to the iim'Otiods se#.forth yin their C Ti: ci respective"powers of attorney.shall"tiave:full powerto b€rid tEie�Companyby their signature and execution of anysuch instrtimrits and 6 attach thereto the seal oftha Company !IVh1.en s6 = . eXecuteit:such instruments shall be as 6itiding'as if signed:by the"president and attested by the secretary: C :: �. Certificate of Qesignation-.The President of the.Company,acting pursuant toYhe Bylaws of:the Corr bang auihartzes t)avtd M Carey,Assistant Secretary to 6ppbintsucfi at1.tomeys tri I 1, fact as iiay be.necessary1.to:act on behalf of the Company to.make,oxecute; CALIFORNIAORIGINAL ALL-PURPOSE ACKNOWLEDGMENT State of California County of /c On before me, . date e e Insert Name a 1d Tltte of the Q Ficer personally appeared 461-e Names)of Signers) who proved to me on the basis of satisfactory evidence to be the person(&) whose name(s) is/subscribed to the within instrument and acknowledged to me that GUINN MULLER he,-sheA".executed the same in his/4ref-MMefr•authorized COMMISSION#2020135 capacity(ie, and that by hisAiefAheir signature(6) on the Notary Public-California instrument the person(&), or the entity upon behalf of ORANGE COUNTY which the My Commission Expires "' person(s) acted executed the instrument. APRIL 19,2017 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my d and offici I seal. Place Notary Seal Above Signature Signature or Nota 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: Document Date: _ Number of Pages: Signer(s) Other Than Named Above: Capacitry(ies) Claimed by Signer(s) Signer's Name: Signer's Name: D Individual ❑ Individual ❑ Corporate Officer—Title(s): _ _ ❑Corporate Officer—Tltle(s): Fj Partner ❑ Limited El General J Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑Attorney in Fact • ❑ TrusteeTop of thumb here l.1 Trustee Tap of thumb here Ll Guardian or Conservator El Guardian or Conservator ED Other: LT Other: Signer Is Representing:g p g .�... Signer Is Representing: - 02007 National Notary Association•9350 tae Soto Ave.,P-O,Box 2402•Chatsworth,CA 91313-2402•wuwa.NationalNo€ary,vrg Item#5907 Reorder:Call Tali-Free 1-800-876-&827