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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)