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17-1212_SOUTH COAST INVESTORS II, LLC_Staff MemoMEMORANDUM DATE: December 12, 2017 TO: Ben Siegel, City Manager FROM: Steve May, Public Works ' 'ties Director a �I Joe Parco, City Engine `.�, d Hossein Ajideh, Senior Civi Enginee 9�- Prepared: Joe Mankawich, Associate Engineer Y�V u t 1�' ,�% t� SUBJECT: Rough Grading Cash Deposit Reduction — Plaza Banderas The purpose of this memo is to inform you that the developer, South Coast Investors H LLC, has substantially completed the rough grading improvements for the Plaza Banderas Hotel Site and are requesting reduction of the cash deposit for such improvements. The Grading Surety Agreement for the project provides for the City Engineer's determination of such requests. Review of the request by the Public Works & Utilities Department has resulted in the following approved reduction: Cashier's Check Obligee Description Original Princliple Percent New Number Amount Name Complete Amount 00099003007 City of San Juan Rough Grading for the Plaza Banderas ISouth Coast Hotel Site $420,450.00 Investors II Capistrano LLC 86% $57,552.00 The remaining cash deposit will provide warranty for the grading performed, and insure there are adequate funds available for repairs to water quality BMP's should they be required. The holding of this security is particularly important to insure that the site is properly maintained during the upcoming winter storm season. Stam recommends holding off full release of the rough grading surety until work on the hotel structure commences. The Public Works Department will forward this request to the City Clerk for processing of a letter to the developer's surety delineating the reduction of the security. Should you have any questions please contact me. Attachments: 1. Grading Surety Agreement 2. Request for Reduction Letter 3. Rough Grading Certification 4. Rough Grading Permit Sign -off Cc: Joel Rojas, Development Services Manager Tom Toman, Assistant Public Works Director George Alvarez, Project Manager 'GRADING SURETY AGREEMENT THIS AGREEMENT Is made by and between the CITY OF JUAN CAPISTRANO, a municipal corporation, hereinafter referred to as the "City, and South Coast Investors II, L.L.C.. hereinafter referred to as "Developer." WITNESSETH WHEREAS, City will issue Rough Grading Permit No 815-0572 to Developer to construct certain designated Improvements upon a portion of that real property located at 31692 EI Camino Real, San Juan Capistrano, CA, such work being commonly referred to as Mission Inn Hotel ("Project"). WHEREAS, San Juan Capistrano Municipal Code Section 8-2.08 requires the posting of finenclal security 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. 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. Dovelocer's Imorovements Ob1lg8tions. Developer shall, at its sole cost and expense, provide and furnish all labor, materials and equipment for the Project depicted on the plans entitled 'ROUGH GRADING AND EROSION CONTROL PLANS" as approved by the City Engineer, on `J ZL , 2016 (Date approved by On City Engineer). The grading permit and plans, which describe all the work to be constructed pursuant to this Agreement, are on file M the office of the City's Building Official. Graft SuretyAweem@K Permit#B15-m Pape 1 of 7 61147.02100124835731.2 - ATTACHMENT 1 2. 'Developer's Security. Developer shall provide a cash deposit, irrevocable letter of credit, cert to ofdeposk orobond bya duly authorized corporate suretysubject to the approval of the City Attorney, or as approved by the City Engineer, to secure Developer's improvement obligations required under this Agreement ("8ecurity"). The amount of ths Secoft shall be $420,450 for all onsite grading improvements as approved by the City Engineer. This Security shall also serve as security for restoration of the Project site. 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. Completion of Improvements. To ensure the protection of the public safety, health and welfare, Developershaii 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 08" are attached hereto and incorporated herein by this reference. 4. Developer Defautt. In the event Developer does not complete the required improvements, Including erosion and slit control measures within the time required, using Best Managemmrt Practices (BMP) In implementing a Water Quality Management Plan in full compliance with Orange County National Pollutant Discharge Elimination System (NPDES) Stone Water Implementation Agreement and San Juan Capistrano Municipal Code Section 8-14, or abandons the Project site, or suspends work for more then 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 Developees surety for perfonnance of all obligations under this Agreement. 5. 8e8taration 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 incomplete grading, drainage and/or Improvements which includes illicit non - storm drain water discharge. The purpose of this securHy shall be to restore the property to a safe and acceptable condition in the went the Developerdefouits. 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 ale; and Oradtng 8ureyr Aigroenv4 Permit X15.0872 Page 2 of 7 61147-021=41357412 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 ortreatrnents to sadafecdon of the Director of Engineering and Building. 6. Mgmays 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 Usuch action Is determined In favor of the City. 7. Developers Work 113 Safe Condition. Developer shall perform all work In a safe workmanike manner and shall take such precautions as may be necessary to wam and protect the public from any dangerous condition caused by the Project. S. Iia, biNv. City, its officials, of scars, employees, agents, and volunteers shall not be liable for any Injury to persons or properly occasioned by reason of the ads or ornissions of Developer, Its agents or employees In the performance of this Agreement. Developerfurther agrees to protect, Indemnify, and hold harmless Chy, 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 ads or omisslons of Developer, its agents or employees In the performance of this Agreement, including all claims, demands, causes of action, liability, or kiss because of, or arising out of, in whole or In part, the design or construction of the Project. This indemniRcmtion and agreement to hold harmless shall extend to Injuries to persons and damages or taking of property resulting from the design or construction of sold 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. SIGNATURES ON FOLLOWING PAGE GrsdkV Surety Agreement, PeM* #816.0872 Pape 3 of 7 61147MIOMM37412 SIGNATURE PAGE TO GRADING SURETY AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND SOUTH COAST INVESTORS Il, LLC. IN WITNESS WHEREOF, the parties have executed this Agreement as of MUM 13 , 20 Ib .10 CITY SAN JU APISTRANO SO �TINVE S II. L.L.C. By: Sp Paul Iby, Bulldinq OfFcial Printed Name_l�iili�n Dated: �-is-�� -- Appn�ved as to Foran:.. By: _ Jeff BA Attorney Grading Sureh► Agreement, Pwmft 981548n 61147MI00048357412 i . :_ , L:':. Mow By: Printed Nam rifle Page 4 of 7 EXHIBIT"A" SCHEDULE FOR COMPLETION OF IMPROVEMENTS iuk Comaledon Date 1. CompleDs Installation of site perimeter 2. Complete Clearing and Grubbing 3. Start wick drain system 4. Complete site consolidation 5. Complete Rough Pad 6. Final Rough Grade Certification Grading SUMV AgreemeK PeMN 06154872 br I4n 0210OU4 §337+12 Completed Completed June 15 July 30 August 25 September 15 Page 5 of 7 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 Juan Capistrano Municipal Code. 2. Grading operatkms 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 9111 control plan submitted by the Developer, and approved by the City. This erosion and elk control plan reflects erosion and elk 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 wintergrading, or permission for winter grading Is rescinded, static erosion and elk control pians reflecting current conditions of grading shah be submitted within ten (10) days of cessation of work. These plans shall: 1. Identify all pollutant sources Including sources of sediment that mayaffeot the quality of storm water discharges associated with the construction ac"Wty. 2. Include the erosion and sediment control planting and hydroseeding to Insure a unUbnn vegetative cover or equivalent stabM atlon 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 plats; and grading permit for subject property, including erosion and sediment control measures and landscaping and irrigation, shall constitute defaultof this agreement. 4. The supervising civil engineer and soils engineershall file biweekly progress reports of ap grading operations with the Building Offidal. An interim compaction report, for that work completed at the tithe work Is suspended for the rainy season, shall be filed with the Building Official. This interim report shall conform to the grading code requirements for final compaction reports. Gmdkv Sur* Agraemwt, Pam* OB164872 Pegs a 0f 7 61147 0210MM357412 5. Contractorshall 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. S. 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 peril. 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 en a+oachmentpermk Issued by the City Engineer. 10. Parking for construction crew Is to be on-site. 11. Exoneration of Security: Developer's security shall be reduced to 90% upon signoif of precise grading permit. No security given by Developer shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. Nothing herein shall limit the CIVe rights or the Developer or surety's obligations under this Agreement. 12. Warranty Period: 'I year from permit signoff by City Gmdhg Sw* !int Pemdt 0016-M72 -M72 Pape 7 of 7 61/1702100 M33741.2 CITY OF SAN JUAN CAPISTRANO �i i "' g Address Paseo a nto n Juan no, Calffaw =75 www senjuencapotrano.am INVOICE FRIESS PROPERTY INVESTMEW Pell, Bomber: B1"an 32332 CAMINO CAPISTRANO Addma: 31892 EL CAMINO REAL. SAN JUAN CAPISTRANO, CA 928 InWce Date: &2312016 Fee Description Acct Code & Coat Ctr Unite Amount GRADING REFUNDABLE DEPOSLT 9044 000-23302.00000.238 I_ $4200.450.Qp TOTAL. AMOUNT DUE: $420,450.00 RECEIPT NUMBER COLLECTED BY PAYMENT METHOD CHECK NUMBER CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto SAN JUAN CAPISTRANO, CA 92675 (949) 493.1171 Paid By SOUTH COAST INVESTOR! Contractor FRIM PROPERTY INVES' 32332 CAMINO CAPISTRANO SAN JUAN CAPISTRANO CA 02615 Permit Number 615-0872 Site Address Receipt Number GM Paid Date 5JZ3me Check No 98003007 Payment Method CHECK Fees GRADING REFUNDABLE DEPOS 31602 EL CAMINO REAL Description Plaza Banderas Hateh (Inn at the Mlaslon) - Rough Oredin FEE TOTAL $420,45000 $420.458.00' •004900300711- I: L 2 L000 2484486 L 505303ir CASHISIrS CHECK 0099 3007 r q MY[� WMCOI.ff MTftC11i LIJG , gnmlo: u,n� mala • Mry22,2016 aevm.THEOF ROOF ""CITY OF SAN JUAN CAPISTRANO" ' Four hundred twenty thousand /our hundred fifty dottare and no cents•» "'5420,430.00" =low GMK MJ. VOCPW III WAWiY amwlwuTuxo a � MMJMIMCVY111NAff MMn ' � MnwwwcuLiMm.Miala � ! Mml IM INTRO I •004900300711- I: L 2 L000 2484486 L 505303ir South Coast Investors 11, LLC 31866 Camino Capistrano San Juan Capistrano, CA 92675 (949) 496-1316 October 12, 2017 Hossein Ajideh City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Re: Request for 90% Release of Rough Grading Security Deposit Dear Hossein, On behalf of South Coast Investors II, LLC, I am writing to request the 90% release of our rough grading security deposit. We have received approval on our as -built rough grading plans and delta rough grading plans, submitted our geotechnical report and rough grading certification from our civil engineer, and performed a final inspection. The rough grading security deposit was in the amount of $420,450.00. The City is to keep 10% of the deposit, which amounts to $42,045.00, in addition to the following: • Stabilized construction entrance $8,000.00 • Inlet protection $4,000.00 • Gravel bags $2,560.50 • Gravel bags velocity reducer $946.50 • Total: $15,507.00 Thus, the City would retain $57,552.00 and return $362,898.00 to South Coast Investors II, I.I.C. We would like to have the security deposit released as soon as possible. Please let me know if there is anything we can do to expedite the process. I can be reached by phone at (949) 606-4260 and by email at ieriffith@missioncommercial.com. Sincerely, V4�* Jake Griffith ATTACHMENT 2 HUNSAKER &ASSOCIATES I R V I N E, I N C. PLANNING Date: May26,2017 ENGINEERING SURVEYING GOVERNMENT RELATIONS City of San Juan Capistrano IRVINE Building & Safety Division LOS ANGELES 32400 Paseo Adelanto PALM DESERT San Juan Capistrano, CA 92675 RIVERSIDE SAN DIEGO Attention: City Grading Inspector Subject: Civil Engineer's Verification of Rough Grading 14 Project: Plaza Banderas 26851, 26871 & 26891 Ortega Highway PRINCIPALS, 31692 EI Camino Real DAVID FRATTONE Permit No: B15-0872 FRED GRAYLEE BRADLEY HAT PAUL HUDOLESTON I certify to the satisfactory completion of rough grading, including grading to KAMAL KARAM approximate final elevations; property lines located and staked; cut and fill DODCLAS STALEY slopes correctly graded and located in accordance with the as -built plan; KRI$WEOER swales and terraces graded, ready for paving; berms installed, and required JOSEPH L WMHTMAN drainage slopes provided. I further certify that where report or reports of an Engineering Geologist and/or Soils Engineer have been prepared relative to this site, the recommendations contained in such reports have been incorporated in the design. Sincerely, FOUNDING PARTNERS RICHARD HUNSAKER TOM R. M, (ANNON JOHN A. MILHLER DOUGLAS 4 SNYDER Tlh eHuRlm. Irvine,( liLnni, 42p1R-ItILI N.1VI Sfl 1-111111 PH (4440 18 "7So F% —hun,sk—, nm HUNSAKER & ASSOCIATES IRVINE, INC. l t�� Jonathan Petke P.E.: 67585 W.O. 406.2 Prolan Mission IN,, Is. ATTACHMENT n;1r_ ISSUED Inspection Job Card PERMIT H BER~ Aay26,2016 Stu,ouanecAdreno, I g15-0872 sao a (949)"3-611' 9 Cepbtraeo, CA a2G%a OB DESCRIPTION Peons (sa§)ata-eBs+ Mara eanderas Howl- (Inn at the Mission) - Rough Grading 31692 EL CAMINO REAL SOUTH COAST INVESTORS I. LLC -Owner TR 103 LOT 12 FOR OF LOT INSPECTION REQUEST LINE 19491493-3172 ONLINE INSPECTIONS or RESULTS at www.sanjuancapistrano.org You must furnish PERMIT NUMBER. JOB ADDRESS and the TYPE OF IIISPECTION at the time of inspection request Inspection requests received before4 W pm will be scheduled on the next business day JOB CARD AND APPROVED PLANS MUST BE MADE.AVAILABLE TO INSPECTOR UNTIL FINAL APPROVAL This permit will expire Eno approved inspecton is performed within a period of 180 days GENERAL I MISCELLANEOUS DATE / SIGNATURE NOT COV OR CONCEAL E WORK BELOW UNTIL THE FOLLOWING APPLICABLE ITEMS HAVE BEEN SIGNED UNDERGROUND /FOUNDATIONS DATE / SIGNATURE Tem ora Power released le-e—r'C elease Pregrada Meeting ewer orvice on ` oR u -T- ra a afar Service nderg.oun Plumbing as es Ina Underground 'ater Supply �oo(LTiaTns / uars R n ergroun ectn- a o l e home a up I I les de y UnT—round as Line — Urease Interceptor + Liter Groun Zr`rease l3,ecep[ace re- ab Footings /For�tee POOL & SPA DATE / SIGNNTURE Equipment & Locabon —_ DO NOT COVER OR POUR CONCRETE UNTIL ABOVE S GNFD OFFPool rG a Gunde -$tee ROUGH DATE / SIGNATURE oc eature - oobngs Floor Sheathing -gT'iTumbin-- g�_ress�ure Test Pre -Insulation e- e re Lam I DO NOT POUR DECKS THAT WILL COVER THE FOLLOWING' UN71L THEY HAVE BEEN SIGNED Bar a s / ard'ware Roof Sheathing iap ragm Elect. Conduit - Underground Fine Sprinkler Rouoh Hy a - n ergroun - est Backwash - Lines- P - Trap DO NOTNIS APPLYPVE LASTERCOATUNTIL THE POLLOWING hPPLICABLE RoughMechanical eating Brits oug ectncal 4'l Pool Equip /Elec /Plumbing - Final ou h PIS umbing /Top -out i/ -Penang 7g Foot. larms / Preplaster muugh ridninig y IT IS IMPERATIVE THAT A FINAL APPROVAL BE OBTAINED PRIOR TO USING THE SWIMMING POOL COVERS MUST BE ON POOI S AT THE TIME OF FINAL INSPECTION DO NOT COVER OR CONCEAL THE WORK ABOVE UNTILTHE FOLLOWING APPLICABLE ITEMS HAVE BEEN SIGNED INTERIOR / EXTERIOR DATE r SIGNATURE Foci / Spa - Systems Final Exterior Lath( BUSINEss LICENSE SUB -UST VERIFICATION FORM MUST BE SUBMITTED AND APPROVED PRIOR TO FINAL INSPECTION Insulation Brown Coat FINAL INSPECTIONS FATE / SIGNATGR Drywall Interior Lan ,CARBON MONOXIDE/SMOKE DETECTORS ower an 7T4,s 4 DO NOT COVER OR CONCEAL THE WORK ABOVE UNTIL THE FOLLOWING APPLICABLE ITEMS HAVE BEEN SIGNER MASONRY DATE/SIGNATURE i MECHANIIII;FCFINAL (9491493-317 ELECITHA-NAL 49 493-317 -- q 493-3172 Foundation I FN.. 194 4 - _ 1st Grout LiR I A 2nd Grout Lift All applicable finals above must be signed`of#be`lr1`_�'/ Wali Drainage building final. rem- acbacb !�51 ATTACHMENT