HomeMy Public PortalAbout2021-12-23 Agreement for Grading - Brandywine 751 E. Bastanchury Rd - Fullerton 33, LLCIFU
�FoiP CITY OF FULLERTON
AGREEMENT FOR GRADING, SLOPE PLANTING, AND EROSION CONTROL
AT BRANDYWINE - 751 E. BASTANCHURY ROAD
JOB ADDRESS
THIS AGREEMENT WITNESSETH:
THAT WHEREAS, the undersigned has applied for a permit from the City of Fullerton to do
certain grading, slop planting, and erosion control work in the City in the particulars and upon
the real property described in the permit application GRA 2020 - 0008 and as
shown on the grading plan prepared therefore on file in the office of the Community
Development Department: and,
WHEREAS no permit therefore may be issued unless the applicant agrees to complete all the
work commenced under the authority of the permit in the manner required by law and by the
permit, and to complete within the time limit herein specified all the grading, slope planning, and
erosion control work, to maintain the slop planting until a root system has been established, and
to furnish to the City a cash or surety bond to secure such performance and maintenance plus all
of the City's overhead expenses incurred therefore.
NOW, THEREFORE, in consideration of the premises and the issuance of the permit by the
City,
1. The undersigned shall do and complete, on or before, ::YN 1,4 A" ,
2Q2y , in compliance with Permit GRA 2020 - 0008 , the
City -approved grading plan prepared therefore, the applicable provisions of the Fullerton
Municipal Code all other laws pertaining thereto, all of the grading, slope planting,
erosion control work, and other work described in the application and shown on the plans
commenced by the undersigned, his agents or assigns, pursuant to the authority of the
permit.
2. The undersigned shall plant a irrigate the slope planting in a manner as required by City
codes and policies and maintain the slope planting until a root system has been
established to the satisfaction of the Community Development Director.
3. The undersigned shall install, grade, and build all drains, pipes, channels, berms, and
other erosion controlling devices as described in the application and shown on the plans,
and maintain them in a workmanlike, operable manner at all times to the satisfaction of
the Community Development Director.
Agreement for Grading, Slope Planting, and Erosion Control Continued
4. The undersigned shall perform all work undertaken under said permit and agreement in
an orderly, workmanlike manner, and comply with all applicable City and State codes
and ordinances relative to excavations, trenches, shoring, safety, and protection of public
and private property. The City shall have the authority to suspend the work wholly, or in
part, for any period that is deemed necessary by the City due to the failure or refusal of
the undersigned, his agents, assigns, personal representatives, contractors, or
subcontractors to carry out the work as herein agreed, or to follow reasonable orders
given by the City, or to perform any provision of this agreement. The suspended work
shall be resumed only when compliance is made or orders carried out and then only when
the undersigned is so notified by the City.
5. The City may, at the sole option of the Community Development Director, cause to be
completed and maintained any of the work commenced and completed by the above date,
or any extension of time granted by the Community Development Director. Time is
expressly agreed to be the essence hereof. The undersigned shall pay to the City upon
demand all of the City's costs to complete and maintain the work, including all payments
to, and for the benefit of, any of its employees in connection with its completion of the
work, plus all of its overhead expenses therefore.
6. Any extension of time granted by the Community Development Director shall be valid
only if in writing and shall not constitute any waiver by the City of any of its other rights
hereunder.
7. The undersigned shall hold the City harmless from any and all claims for any injury or
damages to any person or property caused by an act or omission of the undersigned in the
doing or by reason of any work done for which such permit was issued, or that may be
caused by erosion from wind or water subsequent to any such grading of the above
described property that may result from any such grading or from any planting, or lack of
planting, or any cut and fill slopes have been planted and maintained with a ground cover
as required by law and as approved in writing by the Community Development Director
and until he has verified in writing that a root system has been established to his
satisfaction on such slopes.
8. The undersigned shall pay upon demand to the City such sum as the Court may adjudge
to be the reasonable value of all legal services rendered to the City in any action upon this
agreement and bond, or either of them, in which a judgment is ordered in favor of the
City and that sum may be added to judgment in that action.
2
Agreement for Grading, Slope Planting, and Erosion Control Continued
Executed at Fullerton, California this _ 4:�- 5 A'j day of 1'►ti h e/'
Fullerton 33, LLC, a Delaware limited liability
company
r l MXN XXX
By
1st
Managing Member
And
(Note: A certified copy of the Resolution of the Board of Directors showing authority to execute
for Corporations must be attached.)
ACKNOWLEDGMENT
A 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.
State of California
County of Orange
On December 23, 2021
before me, Sandra L. Zundell, Notary Public
(insert name and title of the officer)
personally appeared Dave Barisic
who proved to me on the basis of satisfactory evidence to be the person( whose name(g) is/2(pe
subscribed to the within instrument and acknowledged to me that he/ghwnmy executed the same in
his/1)(9Y kN61f authorized capacity()", and that by his/MKMN signature(sr) on the instrument the
person(g), 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.
Sig
(Seal)
SANDRAL. ZUNDELL
Notary Public • California g
Orange County
r
�`
Commission # 22789M
My Comm. Expires Mar 26, 2023
PERMIT NUMBER: GRA-2020-0008
Bond No. 800132214
Premium:
SURETY BOND FOR
BRANDYWINE - 751 E. BASTANCHURY RD.
Job Address
THE UNDERSIGNED Principal and Surety hereby jointly and severally hold and bind
themselves unto the City of Fullerton, a Municipal Corporation, ("City") in the sum of
Four Hundred Sixty -Six Thousand Nine Hundred Dollars and no/100 dollars
($ 466,900.00 to be paid to said City upon demand, together with reasonable
attorney fees in any legal action taken upon this Bond. The condition of the above obligation is
such that whereas said Principal has executed a written agreement dated
DEcert0ev- 23 , 20v1 , in favor of City ("the Agreement"), a copy of which has
been received by Surety;
NOW, THEREFORE, if Principal shall fully perform the Agreement within the time
therein provided, or any extension of such time not in excess of three (3) years granted by the
City, any such extension without notice to or consent of the undersigned being expressly hereby
authorized, then the foregoing obligation shall be null and void, otherwise it shall remain in full
force and effect and its payment shall be made to the City at the City Hall in Fullerton,
California, in accordance with the terms of said Agreement.
Executed this 20th
day of December
PRINCIPAL
Fullerton 33, LLC, a Delaware limited liability company
(Corp or of Fictitious Name)
By
(Signature of Officer, Partner of Proprietor)
2021
SURETY
Atlantic Specialty Insurance Company
(Corporate Name)_
(Signature of Officer)
Brook T. Smith, Attorney -in -Fact
(Official Capacity) (Official Capacity)
(A certified copy of the resolution of the Board of Directors showing authority to execute for
Corporations must be attached.)
16580 Aston, Irvine, CA 92606
Mailing Address of Principal
800132214
Bond Number
605 Highway 169 North, Suite 800, Plymouth, MN 55441
Mailing Address of Surety
ACKNOWLEDGMENT
A 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.
State of California
County of Orange
On December 23, 2021
before me, Sandra L. Zundell, Notary Public
(insert name and title of the officer)
personally appeared Dave Barisic
who proved to me on the basis of satisfactory evidence to be the person(g) whose name() is/ape
subscribed to the within instrument and acknowledged to me that he/Xhfy executed the same in
his/MIrA NIf authorized capacity(l", and that by his/M I)t signature( on the instrument the
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.
Signal
(Seal)
SANDRA L. ZUNDELL
+ Notary Public -California
—`
z
Z
Orange County >
-
My
Commission;; 2278935
Comm. Expires Mar 26, 2023
ACKNOWLEDGMENT
A 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.
State of Kentucky
County of Jefferson
On December 20, 2021
before me, Theresa Pickerrell, Notary Public
(insert name and title of the officer)
personally appeared Brook T. Smith
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 Kentucky that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. Theresa PickerMl
NOTARY PUBLIC
STATE AT LARGE, KENTUCKY
tZ2IQ # 633720
Signature (Seal) W COMMSION EKWRES OCT. 26, 2023
My commission expires 10/26/23
intact
INSURANCE
of Attorney
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: Brook T. Smith, James T. Smith, Raymond M. Hundley, Jason D. Cromwell, James H. Martin, Deborah S.
Neichter, Michele D. Lacrosse, each individually if there be more than one named, its true and lawful Attomey-in-Fact, to make, execute, seat 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 Attomey-in-
Fact.
Resolved: That the Attomey-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.
ra`pvSY INS&
Q4,c'.. �CRp Oqq JF 9Z�°.
emr SEAL m'
r. 1986 0= By
STATE OF MINNESOTA '.Zb �Fw Yo? yaa' Paul J. Brehm, Senior Vice President
HENNEPIN COUNTY
it t�'
On this twenty-seventh day 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.
160
AUSON DWAN NASN•TROUT
NOTARY PUBLIC • MINNESOTA
My Commission Expires
January 31, 2 226
kltdtl�
Notary Public
I, the undersigned, Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney is in full
force and has not been revoked, and the resolutions set forth above are now in force.
Signed and sealed. Dated Z� day of tkWbW .9�I
This Power of Attorney expires
January 31, 2025
„1 .IN
GpPPORAT�C:.
SEAL m
1986 0
�2''F4
6 w YDQ` .psi`
Kara Barrow, Secretary
Please direct bond verifications to suremij intactinsurance.com
s
BRANDYWINE
C", <'% I,* (_ r�
CORPORATE RESOLUTION
16580 Aston, Irvine CA 92606
Tel: 949 296 2400
Fax: 949 296 2420
brandywi ne-homes.com
The Board of Directors and Officers and Brandywine Homes at a regular meeting of the corporation
August 18, 2015 resolved the following:
Hereby appoints as officers of the corporation:
Jim Barisic as Chairman and Secretary
Brett Whitehead as President, Chief Executive Officer and Assistant Secretary
Mark Whitehead as Vice President and Assistant Secretary
David Barisic as Vice President and Assistant Secretary
Hereby authorizes any one of the above officers, acting individually, to enter into agreements and
contracts binding the corporation without legal or monetary limitation, negotiate the acquisition and/or
sale of properties for sale to other entities and/or the general public, arrange for interim and permanent
financing, including executing bonds on behalf of the corporation and generally conduct the business
affairs of the corporation.
This resolution remains unchanged since November 8th, 2021.
Affirmed and attested to this 8th day of November 2021 at Irvine, California.
Brett Whitehead
CEO/President/Secretary
BUILDING TOGETH[2: t'Lxt; )1W C45- VRATION
ACKNOWLEDGMENT
A 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.
State of California
County of Orange
On November 8, 2021 before me, Sandra L. Zundell, Notary Public
(insert name and title of the officer)
personally appeared Brett Whitehead
who proved to me on the basis of satisfactory evidence to be the person(X) whose name(s) is/asoe
subscribed to the within instrument and acknowledged to me that he/914&4wy executed the same in
his/ROM91f authorized capacity(IM, and that by his/PRRMN signature(SO on the instrument the
person(ss), 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
SANDRA L. ZUNDELL
Notary Public , California Z
Z= Orange County 9
Commission n 2278935 If
My Comm. Expires Mar 26, 2023
(Seal)