RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of San Jacinto
595 S. San Jacinto Ave
San Jacinto, CA 92583
Attn: City Clerk
SPACE ABOVE THIS LINE FOR RECORDER'S USE
No Recording Fee Pursuant to Gov. Code § 27383
GRADING, EROSION & SEDIMENT CONTROL SECURITY AGREEMENT
DATE OF AGREEMENT: August 8, 2024
NAME OF DEVELOPER: Lennar Homes of California, LLC.
(Hereinafter referred to as "Developer")
NAME OF DEVELOPMENT: Canterwood
TRACT/PARCEL MAP No.: 38202 LOT/PARCEL No:
SITE ADDRESS: Appaloosa Dr. and N. Lyon Ave. APN No: 436-280-011 to 014, and 025 PLANNING APPLICATION No.: USE24-0053 LD No.:_
TOTAL AMOUNT OF SECURITY: $342,476
Amount Posted as Cash Deposit: $10,000
Amount Posted as a Letter of Credit: $0
NAME OF ISSUING BANK AND LETTER OF CREDIT No.:
(Include address, phone number and point of contact):
Amount Posted as Surety Bond: $332,476
NAME OF SURETY COMPANY & BOND No.:
(Include address, phone number and point of contact):
Atlantic Specialty Insurance Company
BUSINESS ADDRESS: 605 Highway 169 North, Suite 800, Plymouth, MN 55441 PHONE: (800) 662-0156
CONTACT: Eric Janssens
Grading Security Agreement, Permit #GRAD24-00038 Page 1 of 11
GRADING SECURITY AGREEMENT
THIS AGREEMENT is made by and between the CITY OF SAN JACINTO, a municipal corporation, hereinafter referred to as the "City," and Lennar Homes of California, LLC., hereinafter referred to as "Developer."
WITNESSETH
WHEREAS, Developer has applied for a Grading Permit pursuant to the San Jacinto Municipal Code to perform certain improvements within the City.
WHEREAS, City will issue Grading Permit No. GRAD24-00038 to Developer to construct certain designated improvements upon a portion of that real property located at Appaloosa Dr. and N. Lyon Ave., San Jacinto, CA, such work being commonly referred to as Canterwood ("Project).
WHEREAS, Developer is required to post a security with the City to secure the faithful performance for the grading and installation of related 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.
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, services and equipment for the Project depicted on the plans entitled "ROUGH GRADING PLAN" as approved by the City Engineer, on . 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.
2. Developer's Security. Developer shall provide a cash deposit, irrevocable letter of credit, 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 ("Security").
The amount of the Security shall be $342,476 for all onsite grading improvements as approved by the City Engineer. Developer further agrees that if in the opinion of the City Engineer, the surety on the bond or the amount of said bond becomes insufficient, Developer agrees to renew, increase, or both, each and every bond with good and Grading Security Agreement, Permit #GRAD24-00038 Page 2 of 11 sufficient sureties or amounts within ten (10) calendar days after being notified by the City Engineer. Notwithstanding any other provision herein, if Developer fails to take such action, as is necessary to comply with said notice, he/she shall be in default of this Agreement unless all required improvements are completed within ninety (90) calendar days of the date on which the City Engineer notified Developer of the insufficiency of the sureties or the amount of the bonds, or both.
A copy of the performance bond form, as approved by the City Attorney, is attached hereto as Exhibit "C" and incorporated herein by this reference. Copies of approved irrevocable letter of credit forms and certificate of deposit form are available upon request.
3. Right of Entry, Inspection and Approval. Developer shall at all times allow City, or its authorized agents, to enter upon the Project site for the sole purpose of inspecting the site in accordance with the conditions and requirements of the Grading Permit and to accomplish any emergency or erosion control work. Upon completion of the work, Developer shall request a final inspection by the City Engineer. If the City Engineer determines that the work has been completed in accordance with this Agreement, he shall certify completion of the work. Developer shall bear all costs of inspection and certification.
4. Completion of Project. To ensure the protection of the public safety, health and welfare, Developer shall construct the Project in accordance with the schedule as set forth in Exhibit "A", and the conditions as set forth in Exhibit "B". Exhibits "A" and "B" are attached hereto and incorporated herein by this reference. All work shall be done and completed substantially as shown on approved Plans, shall conform to all state and local laws, ordinances, and regulations. Developer shall perform work in a skillful and workmanlike manner, consistent with the standards generally recognized as being employed by professionals of the same discipline in the State of California. Developer represents and warrants that its contractors shall have all licenses, permits, qualifications and approvals of whatever nature are legally required to perform the Project, and that such licenses, permits, qualifications and approvals shall be maintained throughout the term of this Agreement.
5. Developer Default. In the event the Project s found not to be in compliance with the approved Plans or this Agreement, Developer shall remove and repair at Developer's sole expense such work to the reasonable satisfaction of the City. If Developer does not complete the required improvements, or abandons the Project site, or suspends work for more than twenty (20) working days without written approval of the City, City shall have the right to immediately declare a default and to make demand on Developer's surety for performance of all obligations under this Agreement.
6. Insurance. Developer shall procure and maintain, and shall require its contractors to procure and maintain for the duration of this Agreement, insurance of the Grading Security Agreement, Permit #GRAD24-00038 Page 3 of 11 types and in the amounts and in a form and from insurers as required by the City.
Developer and its contractors shall furnish the City with original certificates of insurance and endorsements effecting coverage required by this Agreement. All certificates and endorsements must be received and approved by the City before work pursuant to this Agreement can begin. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
7. 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 the City.
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 Project.
9. Liability. City, its officials, officers, employees, agents, and volunteers shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of Developer, its agents or employees in the performance of this Agreement.
Developer further agrees to protect, indemnify, and hold harmless City, its officials, officers, employees, agents, and volunteers from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, the alleged acts or omissions of Developer, its agents or employees in the performance of this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design or construction of the Project. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said Project, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction of drainage systems, streets and other improvements.
10. Incorporation of Recitals. The Recitals to this agreement are hereby incorporated into the terms of this Agreement.
SIGNATURES ON FOLLOWING PAGE
Grading Security Agreement, Permit #GRAD24-00038 Page 4 of 11
SIGNATURE PAGE TO GRADING SECURITY AGREEMENT
BETWEEN
THE CITY OF SAN JACINTO AND
Lennar Homes of California, LLC.
IN WITNESS WHEREOF, the parties have executed this Agreement as of _ 20_
CITY OF SAN JACINTO Lennar Homes of California, LLC.
By:_ By:
Stuart McKibbin, City Engineer
Printed Name: William Sacriste
Title: Authorized Agent
Dated: Dated: August 12, 2024
Approved as to Form:
By:
City Attorney
Grading Security Agreement, Permit #GRAD24-00038 Page 5 of 11 Notary Acknowledgment
4 notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STANTY OF INSide
On August 12 - 2024, before me, Kim Strutton _ Notary Public, personally William Sacriste _ who proved to me on the basis of satisfactory appeared
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me on the instrumene the persons, or the enly upon behalf or whig ane person 3) ated, executed the intumes.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
KIM STRUTTON 7 WITNESS my hand and official seal.
Notary Public - California
Riverside County
Commission # 2405490
My Comm. Expires May 24, 2026 < Strutton
Signature of Notary Public
OPTIONAL
Though the infold preven laudent red ay and fia prove of listen to sons her ying on the documente
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT • Individual
• Corporate Officer
Title(s) Title or Type of Document
• Partners) Limited
General Number of Pages
• Attorney-In-Fact
• Trustee(s)
• Guardian/Conservator Date of Document
• Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
Grading Security Agreement, Permit #GRAD24-00038 Page 6 of 11 EXHIBIT"A"
SCHEDULE FOR COMPLETION OF IMPROVEMENTS
Task Completion Date
1. Complete rough grading December 11, 2024
Grading Security Agreement, Permit #GRAD24-00038 Page 7 of 11 EXHIBIT"B"
CONDITIONS FOR COMPLETION OF IMPROVEMENTS
The grading for this project shall be in strict conformance with the grading plans as well as the San Jacinto Municipal Code.
Grading Security Agreement, Permit #GRAD24-00038 Page 8 of 11 BOND NO. 800176347
INITIAL PREMIUM: $831.00/annum
SUBJECT TO RENEWAL
GRADING SURETY AGREEMENT
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
related improvements for Tract Map Nos. 38202 ("the Work"); WHEREAS, the Work to be performed by Principal is more particularly set forth in that certain Grading Security Agreement dated July 29, 2024 ("Agreement"), which Agreement is incorporated herein by this reference; and
WHEREAS, Principal is required by the Agreement to provide a good and sufficient bond for performance of the Agreement, and to guarantee and warranty the Work performed thereunder.
NOW, THEREFORE, Principal and Atlantic Specialty Insurance Company as surety ("Surety"), a corporation organized and existing under the laws of the State of New York _ and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City in the sum of three hundred thirty two thousand and four hundred seventy six dollars ($332,476), for which amount well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such, that if Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, agreements, guarantees, warranties and provisions in the Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning, and shall indemnify and save harmless City, its officers, employees, and agents, as therein stipulated in the Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Agreement, or to any plans, profiles, and specifications related thereto, or to the Work to be performed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Agreement, or to the Work or to the specifications.
Grading Security Agreement, Permit #GRAD24-00038 Page 9 of 11 IN WITNESS WHEREOF, the seal, it any, and signature of the Principal 1s hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at Houston, Texas _ this 2nd day of August Lennar Homes of California, LLC,
a California limited liability company Atlantic Specialty Insurance Company Principal
By:
Director of Forward Planning Attorney-in-Fact
William Sacriste Laura E Sudduth, Attorney-in-Fact
(print name) Authorized Agent (print name)
NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION BY
PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF
ATTORNEY TO LOCAL REPRESENTATIVES OF THE SURETY MUST BE ATTACHED TO THIS BOND.
Grading Security Agreement, Permit #GRAD24-00038 Page 10 of 11 California All-Purpose
Certificate of Acknowledgment
CIVIL CODE 1189
State of California
County of Rivers te
on August 5,2024 beforemo. Beth Bruley, nail rudic.
personally appeared Wilian sacriste
who 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.
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. BETH BRULEY
Notary Public - California
Riverside County
Commission # 2409205
signature JESu My Comm. Expires Jul 24, 2026
-
(Seal)
Acknowledgment by Principal if Corporation or Limited Liability Company STATE OF California
COUNTY OF
1, _ a Notary Public in and for the
county and state aforesaid, do hereby certify that-
who as, signed the foregoing writing for
Lennar Homes of California, LLC a corporation/LLC
has this day, in my said county, before me, acknowledged the said writing to be the act and deed of the said corporation/LLC.
Given under my hand this day of _ 2024
Notary Seal
(Notary Public)
My commission expires:
State of Texas
ss:
County of Harris
August 2, 2024 _, before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Laura E Sudduth
known to me to be Attorney-in-Fact of _ Atlantic Specialty Insurance Company he corporation described in and that executed the within and foregoing instrument, and known to me to be the person who execute he said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above.
Amenda R Uneman -Amina
My Commission Expires January 25, 2026
Amanda R Turman-Avina Notary Public
MANDA R TURMAN-AVIN
otary ID #12404865
/ Commission Expir
nuary 25, 20
[intact
INSURANCE Power of Attorney
Surety Bond No: 800176347 Principal: Lennar Homes of California, LLC Obligee: City of San Jacinto
KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth, Minnesota, does hereby constitute and appoint: _ each individually if there be more than one named, its true and lawful Attorney- in-Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012:
Resolved: That the President, any Senior Vice President or Vice-President (each an "Authorized Officer") may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attorney-in-Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto; and that the Authorized Officer may at any time remove any such Attorney-in-Fact and revoke all power and authority given to any such Attorney-in- Fact.
Resolved: That the Attorney-in-Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attorney-in-Fact is hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof.
This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012:
Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney-in-Fact for purposes only of executing and sealing any bond, undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed.
IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this twenty-seventh day of April, 2020.
CORPORATE
By
STATE OF MINNESOTA NEw yoRt Sarah A. Kolar, General Counsel
HENNEPIN COUNTY
On this twenty-seventh dav of April. 2020, before me personally came Paul J. Brehm, Senior Vice President of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, that he is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company.
ALISON DWAN NASH-TROUT
NOTARY PUBLIC - MINNESOTA
My Gonuary 31, Epires Notary Public
fore and as nod, eared and in rec Sense Tri sere are no PAY, a New York Corporation, do herdy certify hat the foregoing power of army s in full Signed and sealed. Date... 2nd day of August _ 2024.
1986 KantiBau
Kara Barrow, Secretary
Please direct bond verifications to [email protected] C722893432289343
Lennar Corporation PAGE: 1 of 1
Lennar Homes of California, LLO DATE: August 14, 2024
Inland Division CHECK NUMBER: 2289343
1140 Terescal Canyon Rd. Suite 41l
Corona, CA 92883 AMOUNT PAID: $10,000.00
227510000220500002008007000020
00002 16423 05 50 2422 00223 04205 I
CITY OF SAN JACINTO
PO BOX 488
SAN JACINTO CA 92581
Vendor No: 4196055
Date Co.# Invoice Number Payment Advice Gross Amount Discount Net Amount 08/09/24 31608 202408 1000000 FEE MV-Canterwood TR38202 $10,000.00 $0.00 $10,000.00 CashDepo
TOTALS $10,000.00 $0.00 $10,000.00
PLEASE DETACH BEFORE DEPOSITING CHECK
70-2322
CHECK
Lenar Compos of Califormia, LLO 719
NUMBER 2289343
Inland Division
4140 Temescal Canyon Rd. Suite 410 August 14, 2024
Corona, CA 92883
*** VOID AFTER 180 DAYS ***
PAY CITY OF SAN JACINTO
TO THE PO BOX 488
ORDER OF: SAN JACINTO, CA 92581 CHECK AMOUNT
$10, 000.00
EXACTLY *********10,000 DOLLARS AND 00 CENTS etails on back JPMorgan Chase Bank, N.A.
Chicago, IL Deve Beath
Authorized Signature
" 22893430 00729232268 886293332°