18-0329_LAMMING, SCOTT_Memorandum to Release SuretyMEMORANDUM March 29, 2018
TO: Maria Morris, Acting City Clerk
FROM: Steve May Public Works & Utilities Director
SUBJECT: Grading Surety Release — B15-1473, 3 Strawberry Lane Residence
This memorandum is authorization to release the grading Certificate of Deposit numbered
16502701 posted as surety for grading for B15-1473, 3 Strawberry Lane, San Juan
Capistrano. Said Certificate of Deposit has been issued by Farmers & Merchants Bank in
the amount of $25,858.00. The grading and on-site improvements that were secured by
this surety have been sufficiently completed to warrant a release of the Certificate of
Deposit.
A copy of the Grading Surety Agreement and Certificate of Deposit is attached for your
information.
Please advise International Farmers & Merchants Bank of the surety release.
Attachment
cc: file
w
0
c
A
S
a
C
A
CL
v
m
A
Z o 0 Z
OO Z o r
c r
? m Z
O
0�.
k
z
0
r n
C)
l=f
> Cr1
Y ls7
[�
Y X
a
A Cil
a
w.m
-y•O
a x
a
CD
-a
3
v'NrAa
3
w M
9 y
y
w
te'
c"�
7 O
°
`d
0n
`ci
on
v^_
00, R� _
°
a
° a
z
a
o
Do
00
0000
w
CD
CD
r
a
ro a
M°o° o
ryry
D\
�
r R ° W 00 O\
$ L'
N
2J pQ o
3
P3
ga
D
°aa
7�
c8�py
f1 D
v
D
0. v
O ya
y FJ
N
.-.
S N N
.�
N
0
U V
Z O'
"O J
"!
\ v
a N -+�
-1 0
a
W
a—
CA 00
a
CA
a
CA +"
O W
CCA
N
CA
O
Z
;v00
_�,
°.
mo
N aA'
^] N
0o
wN
W
V] ��•
y 0
N
D`
a N
ao�
r -n^
ado H
ra
aoaa
rZ
mo
v
mo
o
>Z;
mo
dv
mo
Ov
rn-
OJ
:tio
>00
ro
o0
am
s
a°g°=
a g�
a
o
v
-�Oo a
v' T '
Off•
A �°
O
o O
r a
r °
CD
r o.
„w,. •
°;
.•�
- w
\
O Sr, °-_
A N
F �3
y O
�o-
A�
oN
A
A N
A N
_,
,.-,
O 00A—
y
.p
00 ''n
a, W O
00
O�
j° O�
W
0.
00
N
� O
T
c 8
x°,03
a°o cw
wc°,o
W o
wo
0
0
�°,,o
wo
W
W
00
000
00
00
00
00
00
.�78
y
y
O.
CDC)
()
CD
°
00x
W
°
E�
w
C'
s'
°
a
d
CD O
co o
y
= IN
C
�
co
fo
7•
�'
M Q1
N
—
00
F
�.
co
�
� O
�
O
R°
0O
b
C
a
0
o•
o
azo
y
y
O
7
N
n
B
°
8
0
A
S
a
C
A
CL
v
m
A
GRADING SURETY AGREEM
THIS AGREEMENT is made by and between the CITY OF SAN JUAN CAPISTRANO, a
municipal corporation, hereinafter referred to as the "City," and
NAME of DEVELOPER, hereinafter
referred to as "Developer.
WITNESSETH
WHEREAS, City will issue Precise Grading Permit No 1315-1473 to Developer to
construct certain designated improvements upon a portion of that real property located at 3
Strawberry Lane, San Juan Capistrano, CA, such work being commonly referred to as
"GRADING PLAN FOR 3 STRAWBERRY LANE" ("Project").
WHEREAS, San Juan Capistrano Municipal Code Section 8-2.08 requires the
posting of a bond 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. Developer's Improvements Obligations. Developer shall, at its sole cost and
expense, provide and furnish all labor, materials and equipment for the Project depicted on
the plans entitled "GRADING PLAN FOR 3 STRAWBERRY LANE" as approved by the City
Engineer, on i'22- ( 2016. 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 #B15-1473 Page 1 of 7
61147.02100\24835741.1
2. _Developer's Security. Developer shall provide a bond by a duly authorized
corporate surety subject to the approval of the City Attorney, or as approved by the City
Engineer, on City approved forms to secure Developer's improvement obligations required
under this Agreement_ Copies of approved irrevocable letter of credit forms and certificate
of deposit form are available upon request.
The amount of the bond shall be $25,858 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.
3. Completion of Improvements. To ensure the protection of the public safety,
health and welfare, Developer shall construct the Project in accordance with the schedule
asset forth in Exhibit "A", and the conditions asset forth in Exhibit "B". Exhibits "A" and "B"
are attached hereto and incorporated herein by this reference.
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
(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.
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 incomplete grading, drainage and/or improvements which includes illicit non -
storm drain water discharge. The purpose of this security shall be to restore the property to
a safe and acceptable condition in the event 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
Grading Surety Agreement, Permit #B15-1473 Page 2 of 7
61147 02100124835741.1
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 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 anyjudgment in such action against Developer if such action is determined
in favor of the 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 Project.
8. L.iabilit . 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.
SIGNATURES ON FOLLOWING PAGE
Grading Surety Agreement, Permit #B15-1473 Page 3 of 7
61 14 7.02100 ,24 S 3 <.74 I I
SIGNATURE PAGE TO GRADING SURETY AGREEMENT
BETWEEN
THE CITY OF SAN JUAN CAPISTRANO AND
SC -01 L_AMM 1NC-1 NAME OF DEVELOPER
IN WITNESS WHEREOF, the parties have executed this Agreement as of
CITY OF SAN JUAN CAPISTRANO
By: Aa," 94'�—
Paul Melby, Building Official
Dated: 6 -10 —l6
2016
rycory" LA.MV\r %V
NAME OF DEVELOPER
l%
Printed Name srrnryar�tn Ih,��
Title n w NF2 / LSl�tl.t?F_Q
Approve ���'� _ __.
By:
Ballinger,ity Atto By:
Printed Name
Title
Grading Surety Agreement, Permit #B15-1473 Page 4 of 7
6114 7.02 10 0124 8 7 5 74 1.1
SIGNATURE PAGE TO GRADING SURETY AGREEMENT
BETWEEN
THE CITY OF SAN JUAN CAPISTRANO AND
-SC-)1T LAKtA tcyC, NAME OF DEVELOPER
IN WITNESS WHEREOF, the parties have executed this Agreement as of
CITY OF SAN JUAN CAPISTRANO
By: ��
Paul Melby, Building Official
Dated: 6 ---5a -Ib
Approved as to Form:
By:
, 2016
NAME OF DEVELOPER
r
U
Printed Name r L1LXMt_ irjG
Title (') w 4,jF-,a- 1 C?o � LOFQ
Jeff Ballinger, City Attorney By:
Printed Name
Title
Grading Surety Agreement, Permit #B15-1473 Page 4 of 7
6 1 147.02100\2483574 1.1
EXHIBIT"A"
SCHEDULE FOR COMPLETION OF IMPROVEMENTS
Task
Completion Date
1.
Complete Erosion Control Installation!
2.
Start & Finish Soil Stabilization work
/� 1
3.
Complete Rough Grade Pads
p g
4.
Complete Onsite Driveways & Sidewalks
5.
Curb & Gutter work
6.
Complete Onsite Drainage
7.
Complete Finish Pads
8.
Complete Onsite Drainage
' 2 /1
9.
A/C Paving
Grading Surety Agreement, Permit #615-1473 Page 5 of 7
61147.02100\248-',5741 1
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 Developer, 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
filed with the Building Official. This interim report shall conform to the grading code
requirements for final compaction reports.
Grading Surety Agreement, Permit #B15-1473 Page 6 of 7
61147.02100\24835741 1
5. Contractor shall 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.
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 Security: Developer's security shall be reduced to 90% upon signoff
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 City's rights or the
Developer or surety's obligations under this Agreement.
12. Warranty Period: 1 year from permit signoff by City.
Grading Surety Agreement, Permit #B15-1473 Page 7 of 7
61 1470210012-83574 I. l
TOAL ENGINEERING, INC.
CIVIL ENGINEERS. LAND PLANNERS AND LAND SURVEYORS
139 AVENIDA NAVARAO SAN CLLMENTE, CA 92672
(949) 492-8586 FAX(949)49"625
MAILING ADDRESS
RAYMOND R. TOAL, RCE 16889 P.0 BOX 3878
OLAV S. MEUM. LS 4384
SAN CLEMENTL, CA 92674
MICHAEL A. ROTH, LS 6211
Preliminary Construction Cost Estimate
3i4/2016
Job Description - Precise Grading Plan
Scott Lamming Residence
Job Address - No.3 Strawberry Ln., San Juan Capistrano, California
Job Number - 15522
Estimated Unit
Item Description Quantity Unit Price Amount
Grading
I Excavation & Embankment 170 cy $12.00 $2,040.00
Subtotal $2,040.00
Site Improvements
I Construct concrete hardscape 86 sf $4.90 `f $421.40
2 4" pipe drain system 255 if $12.00 `'r 53,060.00
3 force main pipe 27 if t 0` �� S3.2�-00 �
4 12" atrium drain 5 ea S100,00 5500.00 ✓'_
5 Construct concrete pipe slope anchors 4 ea $1 -[O -i" 1 &4(10-01
6 Construct retaining wall 5 ,I.F-Sr- sd5W,$bo -4606:00 6 a3a
7 Install 4" subdrain 90 if 516.00 51,440.00
8 install sump pump I ca s- ;' 4e-68 3fo., S24JO `
9 Construct 18" wide concrete v -ditch 90 if !'7id 50-(Vd
10 Stabilized constrcution entrance/exit 1 ea $1,000.00 51,000.00
I I Material Storage Area 1 ea $300.00 5300.00
12 Concrete washout area I ea -15,04-84 /Sod -S5 0-m I fo
13 Silt fence 250 if $1.60 5400.00
14 Gravelbags 160 ea $1.10 S176.00
Subtotal
Estimated Construction Cost _ S14,511.40 ii 10
10% Contingency $1,451.14
Total Estimated Construction Cost $15,962.54
CITY OF SAN JUAN CAPISTRANO
IRREVOCABLE ASSIGNMENT OF POWER TO
WITHDRAW TIME CERTIFICATE OF DEPOSIT
GRADING SURETY AGREEMENT SECURITY DEPOSIT
WHEREAS, SCOTT LAMMING, hereinafter referred to as the "Developer," has entered
into that certain "GRADING SURETY AGREEMENT" dated t3t )nt 29 , 2016, and
identified as project 3 Strawberry Lane (City Job No:B15-1473), located at 3 Strawberry Lane
("Agreement") with the City of San Juan Capistrano, hereinafter referred to as the "City'; and
WHEREAS, the Developer is required by the Agreement to provide the City with a
security deposit to guarantee (1) the Developer's full and faithful performance of all terms,
conditions and covenants of the Agreement; (2) the payment of all contractors, subcontractors,
laborers and materialmen who have furnished labor or materials to Developer for those
improvements that are the subject of the Agreement; and (3) the performance of all warranty and
guarantee obligations under the Agreement, collectively referred to as the "Obligations"; and
WHEREAS, to provide for performance of the Agreement and the Obligations further
described therein, the Developer has deposited a "Time Certificate of Deposit" numbered -
i w S o 2. -yo j drawn by .
FAFrny,es a M :R6 -ON J'T5 C ANk- (BANK/FINANCIAL INSTITUTION),
a financial institution subject to regulation by the State of California and/or the Federal
Government of the United States of America (`Bank"), in the amount of Twenty Five
Thousand eight Hundred Fifty Eight Dollars ($25,858) with the City to be used by the City
Engineer or his or her designee, to perform the Obligations under the Agreement which, in the
opinion of the City Engineer or his or her designee, the Developer fails to adequately perform.
NOW THEREFORE, the Developer hereby irrevocably assigns to the City Engineer or
his or her designee and without any additional authority from the Developer, the sole power to
withdraw any or all of the said funds which are needed to perform any of the Obligations
contemplated by the Agreement, which have not been performed to the satisfaction of the City
Engineer or his or her designee, or within the time specified in said Agreement, if any. The
Developer irrevocably relinquishes any and all power to withdraw from the "Time Certificate of
Deposit." This authorization and said "Time Certificate of Deposit" shall in no event be
construed as a limitation upon the liability of the Developer in securing performance of the
Agreement and the Obligations thereunder. Bank agrees that the Bank will transfer funds from
the "Time Certificate of Deposit" to the City in accordance with instructions provided to the
Bank by the City at the time of the draw upon receipt of one or more notices signed by the City
Engineer or his or her designee that funds are required to satisfy the Obligations. The "Time
Certificate of Deposit" shall be held by Bank until the City releases the "Time Certificate of
Deposit" by letter to the Developer and Bank upon determination by the City Engineer or his or
her designee that the Developer has fully and satisfactorily completed the Agreement and
Obligations thereunder. Developer and Bank agree that: (1) until such time as the Obligations
are fully performed, the "Time Certificate of Deposit" shall be the property of and shall be held
in trust by Bank for the benefit of City and any statements issued by Bank for the same shall be
61147.02100\24821706.i B15-1473
CITY OF SAN JUAN CAPISTRANO
delivered to City; (2) Developer shall not encumber or pledge the funds held in the "Time
Certificate of Deposit" for any purpose; (3) Bank will not permit Developer or any other person
or entity to withdraw funds from the "Time Certificate of Deposit," unless and until the Bank
receives the signed original of the letter to Developer from the City Engineer or his or designee
certifying that the Developer has fully and satisfactorily completed the Agreement and
Obligations thereunder.
IT IS FURTHER AGREED, in the event that the funds in the "Time Certificate of
Deposit" should for any reason become unavailable for distribution to City prior to the
completion of the Obligations, then within five (5) business days' notice from City, Developer
shall provide a substitute security in a form and amount that is reasonably acceptable to City.
IT IS FURTHER AGREED, Bank shall subordinate any present or future security
interest it may have in the "Time Certificate of Deposit" to the security interest of City therein
and shall not exercise any right of set-off, recoupment, counterclaim or any similar right in
connection with any funds in the "Time Certificate of Deposit" until such time as the "Time
Certificate of Deposit" has been released by City. As of the date hereof, Developer and Bank
represent that there are no control agreements outstanding in respect of the "Time Certificate of
Deposit" and neither is aware of any lien or encumbrance that may or will affect the "Time
Certificate of Deposit."
Date: —���— ltU FI:Czt�c.t� s d Mr �ur3 CSF�t�1k_
NA/FINANCIAL INSTITU' ION
By:
Its: A�NZ� - -
Mailing Address:
Date:2q
NAME OF DEVEL PER
By: 15
Its: --
Mailing Address:
Signatures of those signing for the Developer and Financial Institution must be notarized and
evidence of corporate authority attached. A copy of the Power -of -Attorney to local
representatives of the Financial Institution must be attached hereto.
61147.02100124821706.i B15-1473
CITY OF SAN JUAN CAPISTRANO
ACCEPTED:
CITY OF SAN JUAN CAPISTRANO
By:--
Its: City Engineer
Mailing Address:
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
61147.02100\,24821706.1 1315-1473,
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
Onrtif . 2 2, 201 (P before me, ��jy L( K t4G �
Notary Public, personally appeared :I Pc G�j�1i , who
proved to me on the basis of satisfactory evidence to be the person(pr whose namex
islWe subscribed to the within instrument and acknowledged to me that [)/she/tyey
executed the same in l/s/her/tVeir authorized capacity(ios), and that by tis/her/tleir
signature(,) on the instrument the person(,s'f, 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.
Signature ),�OY/1^/X
eBLANCA E. RODRIGUEZ
Commission # 2061935
Notary Public - CaliforniazOrange County
Comm. Expires Apr 18. 2016
(seal)
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 (Cckrc\e
On q , 201 (D before me, �ndt
�oft
t(insert name�offi er)
personally appeared L'J UT -C ! n M ryY l rl(-A
who proved to me on the basis of satisfactory evidence to)be the persono whose name(ps is/a�d
subscribed to the within instrument and acknowledged to me that he/sp/tlfy executed the same in
his/hXr/toir authorized capacity(igs), and that by his/her/th6ir signature on the instrument the
person( f, 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.
r.d♦Or�
BLANCA E. RODRIGUEZ
WITNESS my hand and official seat. j Commission # 2061935 Z
a -r Notary Public • California z
z Orange County r
f Comm. Expires Apr 18, 2018
Signature
(Seal)
cL b i -S 12 1 9GL [ zse-,\oo i zocc i i9
(vdnd jxau uo pdnurtuoo s'arninuffzs)
ONVHISIdVD Ndllf NVS 30 AAID
CERTIFICATE OF DEPOSIT
Not Subject to Check
0
kzzj,
\
/
�
@
m
*
2);,
m,
}
0�-
}
�
/
\
}
ca
>0
M
_}2
ƒ
§§)�
o
/§5$(
~
n
G
!
]mtd
0 9<;
m
7
\ g I
«�:(
o
\ }\j
/
>
(D#
rz-
\
\
/
j;
)
/>0
\
ƒ
2
§
00
\
+
go
i
-
'(
\\\
;
}
§\
C)®
/
Q
o
i�
j
//
\
.
^
(`
0
\\�
,
�
{
/
$
0
2 Ul
z
z
2
9
r
.
)>
R
\
Cl)
\
CrI
■�