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18-0629_DAILEY, PATRICK F._Staff Memo
MEMORANDUM June 22, 2018 TO: Maria Morris, Acting City Clerk FROM: Steve May Public Works& Utilities Director A !ice SUBJECT: Grading Surety Reduction— B16-1420, 31400 El Camino Real - Patrick Dailey Residence. This memorandum is authorization to reduce by 50% the Time Certificate of Deposit posted as a surety for Grading Permit B16-1420, 3140 El Camino Real, San Juan Capistrano. The Time Certificate of Deposit is held by OneWest Bank and numbered 2449488341. The Time Certificate of Deposit can be reduced from $144,870.00 to $72,435.00. The grading and on- site improvements that were secured by this surety have been sufficiently completed to warrant a reduction. A copy of the Grading Surety Agreement and Time Certificate of Deposit are attached for your information. Please advise OneWest Bank of the surety reduction. Attachment ' cc: Community Development/ Building; file • �f _ u ry A: DING- I 1 ET 'A GREE ENT THIS AGREEMENT is made by and between the CITY OF SAN JUAN CAPISTRANO, a muici aI cor•oration, hereinafter referred to as the "City," and � C \ ` NAME of DEVELOPER, hereinafter referred to as "Developer." WITNESSETH WHEREAS, City will issue Precise Grading Permit No B15-1420 to Developer to construct certain designated improvements upon a portion of that real property located at 31400 El Camino Real,'San Juan Capistrano, CA, such work being commonly referred to as "PRECISE GRADING FOR 31400 EL CAMINO REAL" ("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 "PRECISE GRADING FOR 31400 EL CAMINO REAL" as approved by the City Engineer, on ,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#B15-1420 Page 1 of 7 61147.02100124835741.1 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$144,870.00 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 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. 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#B15-1420 Page 2 of 7 61147.02100\24835741.1 • 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 any judgment in such action against Developer if such action is determined in favor of the City. 7. Developer's Werk in Safe Condition. Developer shall perform all work in a safe workmanlike manner and shall take such precautions as maybe necessary to warn and protect the public from any dangerous condition caused by the Project. 8. 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. SIGNATURES ON FOLLOWING PAGE Grading Surety Agreement, Permit#B15-1420 Page 3 of 7 61147,02100124835741 1 SIGNATURE PAGE TO GRADING SURETY AGREEMENT BETWEEN THE>DI SITVF, AN JUAN CAPISTRANO AND 1 kk NAME.OF DEVELOPER IN WITNESS WHEREOF, the parties have executed this Agreement as of , 2016 CITY OF,SAN JUAN.9APISTRAN© ¢�C-44. �� / NAME OF DEVELOPER , B'u'Iding Official gy;. `61�'�� los `Gtp. Dated: Printed Name *� �tU4 Title Air Approve a Jeff Balling- City_Atte(ney By: Printed Name Title Grading Surety Agreement,Permit#815-1420 Page 4 of 7 61147.07100174$35741.1 EXHIBIT "A" SCHEDULE FOR COMPLETION OF IMPROVEMENTS Task Completion Date 1. Complete Erosion Control Installation I t Di 2. Start& Finish Soil Stabilization work 8(D-fot(0 3. Complete Rough Grade Pads 4. Complete Onsite Driveways & Sidewalks 5[5\ 1.30t1 5. Curb & Gutter work R1 stn tOOtc 6. Complete Onsite Drainage 7. Complete Finish Pads • CA(1,c4 pc*., 8. Complete Onsite Drainage Gi(. 1 kL 9. A/C Paving c\l ( O t(' Grading Surety Agreement, Permit#B15-1420 Page 5 of 7 b 1147,02100\24835741.1 EXHIBIT "B" CONDITIONS FOR COMPLETION OF IMPROVEMENTS 1. The grading for thjs 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#B15-1420 Page 6 of 7 61147.0 21 0 0124 83 5 74 1.1 • 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. I • Grading Surety Agreement, Permit#B15-1420 Page 7 of 7 61147.02100\24835741,1 ,V,:-, '� 31:�Oti!�.�.:: ll`�t'�;FAG.I�x «RESIDENCE.,;.- .� ,�� - xr• lli 4,,fa :CONSTfU ON• swowff `':F PARCEL MAP OR TRACT MAP 8 BLK 5,TRACT 806 SAN JUAN CAPISTR, DATE: 1/6/2016 GRADING AND GRADING PLAN CHECK GRADING BOND: ONSITE IMPROVEMENTS: (Applicable%of Estimated Construction Costs or Minimum, whichever is greater) (Based on 30%of project cost Street/Drainage+ _$ 8,662.50 cut or fill volume,50%of on-site, "Flood Control $ 1,100.00 non-City maintained drainage Erosion $ 6,336.00 and 100%of the cost of erosion Grading $ 128,771.50 control facilities.) . Total _ $ 144,870:00 $ Maintenance Retention(10%) $ 28,974.00f $ . 0:00 DESIGN ENGINEER'S CALCULATION OF PLAN CHECK AND BOND Construction items and their quantities,as shown on the attached sheets,are accurate for the improvements required to construct the above project and the mathmatical extensions, using these unit , costs,are accurate for determining plan check costs 1/6/2016 Signaturef ` ...— Date u o sRvaN RCE 55601 V 1 xY {c JACQUELYN O'BRYAN 55601 12-31-16 GXPIRES 12!31/16 0- Name Typed or printed RCE# Exp. Date � ,or_cr1�,t ` Civil Engineer's Stamp 1 ,.%, =.': *.1»?LE SE READ i iSTRUC,1`01 BE W.� '•:7-:. 1 1.Quantities are to be taken from the Grading Plans. Unit cost are to be as provided on this Construction Cost Worksheet.' 2.For Construction items not covered by this Construction Cost Worksheet, the Design Engineer is to provide his opinion of construction cost and use of the cost. If theS Unit Costs are determined to be too low,in the opinion of thedesign engineer,the higher costs rovided b the Des•n En•ineer should be used: it ,, � � a . *IV 1%,.., ' 1‘.-_. iiiii 160106 ENGINEERS ESTIMATEI/7/201612:•45 PM CONSTRUCTION COST WORKSHEET ON SITE STREET IMPROVEMENTS PROJECT: DATE: 1/6/2016 .UNfT `: QUANTITY • :`: UNIT ITEM AMOUNT- = . COST L.S. Move-In's $ $ 0.00' C.Y. Roadway.Excavation $ 18.00 $ 0.00 S.F, Balance Street Grade and Parkways $ 0.50 $ 0.00 C.Y.. Import/Export Dirt i $ 9.00 $ 0.00 C.Y. Base Material Class II $ 60.00 $ 0:00 TON A.C.Pavement( Thickness)144 lbs/Cu. Ft $ 90.00 $ . 0.00 S.F, Asphalt Overlay(0.10') $ 0.90 $ 0.00 TON Asphaltic Emulsion(Fog'Seal) $ 600.00 $ 0.00 S.F, Decorative Pavement/Stamped Concrete $ 10.00$ 0.00 L.F. P.C:C,Curb and Gutter(Type A-6) $ 15.00 $ •0.00 L.F, P,C.C..Curb end Gutter.(TypeA-8) $ 17.00 $ 0.00 L.F. P.C.C.Curb and.Gutter(Type`C) $ 15.00 $ 0.00 L.F. P.C.C. Curb (Type D-1)° $ 13.00 $ 0.00 L.F. P.C.C. Curb (Type D). $ 16.00 $ 0.00 S.F. P.C.C. Cross Gutter and Spandrels $ 12:00 $ 0.00 1500 S.F. P.C.C. Sidewalk $ 525 $ 7;875.00 S.F. RC:C. Drive Approach $ 8.25 $ 0.00 EA., P.C.C. Sidewalk Handicap Ramps $ 1,500.00;$ 0.00 L.F. A.C. Dike.(8") $ 12.00 $ 0.00 L.F. A.C. Dike(6") $ 10.00 $ 0:00 EA. A.C. Overside Drain • $ 750.00$ 0.00 EA. Adjust Manhole to Grade $ 500.00;$ 0.00 EA. Adjust Water•Valve Can to Grade $ 150.00 $ 0.00 L.F. Sawcut-Asphalt. $ 1.50 $ 0.00 L.F. Sawcut-Concrete - $ 5.00 $ 0.00 S.F, Grind A.C. Pavement(.10') $ 1.00 $ 0.00 , S.F, Remove A.C. Pavement $ 1.20 $ 0.00 L.F. Remove Curb.and Gutter $ 12.00 $ 0.00 L.F. Remove A.C. Dike $ 3.50 $ 0.00 S.F, Remove Sidewalk $ 8.00 $ 0.00 L.F. Remove Barricade $ 10.00 $ 0.00 L.F. Install Barricade ' $ 35.00 $ 0.00 EA. Detineators•(Class 2) $ 45.00 $ 0.00 EA. Relocate Wooden Power Pole $ 15,000.00 $ 0.00 EA. Street Light $ 4,000.00 $ 0.00 L.F. Utility Trench $ 25.00 $ 0.00 EA. Electric Service Meter and Pedestal $ 10,000.00 $ 0.00 EA. Street Trees(15 Gallon)with Root Barriers $ 750 00 $ 0.00 S.F. Landscaping and Irrigation $ 4.50 $ 0.00 "_ L.F. 6'Chain Link Fence $ 15.00 $ 0.00 L.F, Remove Chain Link Fence $ 7:50 $ 0.00 L.F. Relocate Chain Link Fence $ 12.00$ 0.00 $ $. 0.00 Subtotal $ 7,875.00 10% Contingen $ 787.50 Total $ 8,662.50 160106 ENGINEERS ESTIMATEI/7/201612:45 PM CONSTRUCTION COST WORKSHEET ON SITE STORM DRAIN IMPROVEMENTS PROJECT: DATE: 1/6/2016 '`UPIIT QUANTITY UNIT ITEM AMOUNT . ,COST L:F. 18"R.C.P. $ 75,00 $ 0.00 L.F.: 24"R.C.P. $ 82.00$ 0.00. .EA, 30"R.C.P. $ 87.00 $ 0,00 EA. 36"R.C.P. $ 97.00$ 0.00 EA. . 42".R.C.P. $ 107.00 $ 0:00 EA. 48"R.C.P.. $ 119.00 $ 0.00 EA. 54"R.C.P. $ 135.00$ 0.00. EA. 60"R.C.P. $ 150.00$ 0.00 L.F. 18'":C.M.P..HDPE or Equal $ 40.00 $ 0.00 L.F. 24"C.M.P.HDPE or Equal $ 50.00$ 0.00 L.F. . 30"C.M.P..HOPE or Equal $ 60.00 $ 0.00 ' L.F. 36"C.M.P. HOPE or Equal $ 70,00 $ 0,00 L.F. 42"C,M.P. HDPE or E•ual $ :80.00 $ 0.00 L.F. 48"C,M,P. HOPE or Equal `b 100.00 $ 0.00 L.F. 54"C.M.P.HDPE or Equal $ 110.00 $ 0.00 L.F. 60"C.M.P.HOPE or Equal $ 120.00 $ 0.00 EA, Catch Basin W=4' $ 3,700.00$ 0.00 EA. Catch Basin W=7' $ 4,845.00$ 0.00 EA. Catch Basin W=10' $ 5,800.00 $ 0,00 . EA. Catch Basin W=14' $ 7,080.00 $ 0:00 EA. Catch Basin W=21' $ 8,820.00 $ 0.00 EA. Catch Basin W=28' $ 11,760.00$ 0.00 EA. Manhole#1-33"or smallerpipes $ 5,768.00 $ 0.00 EA. Manhole#2-36"or larger pipes $ 6,695.00 $ 0,00 EA. Manhole#3-Box $ 5,768.00 $' 0.00 EA. Manhole#4 $ 6,695.00 $ 0.00 EA. Adjust Manhole to Grade $ 500.00 $ 0.00 EA. Junction Structure#1 -pipe to box $ 3,500.00$ 0.00 EA. Junction Structure#2-pipe to pipe $ 4,900.00 $ 0,00 EA.. Junction Structure#6-concrete channel $ 6,000.00 $ 0,00 EA. Transition Structure No. 1 (Pipe to Box) $ 15,500.00 $, 0.00 EA. Transition Structure No.2(Box to Box) $ 12,500.00 $ 0.00 L.F. Transition Structure No. 3(Pipe to Pipe) $ 5;700.00 3: 0:00 C.Y, Rip Rap c1/4 Toni. $ 40.00 $ 0.00 C.Y. RI..Ra• (1/1 Ton $ 45.00$ 0.00 EA. Rip Rap(1 Ton). $ 50.00 $. 0.00 L.F. Rip Rap(2 Ton) $ 55.00 $. 0.00 C.Y. Grouting Concrete $. 83.00 $ 0.00 r$ 0,00 $ 0.00 EA. THROUGH WALL DOWN DRAIN $ 500:00 $ 1,000.00 $ 0.00 000 111111.11 33 0.00 0.00 1111111111111111.1$Subtotal $ .0. 0$" 1,000.00 10%Contingen $ 100.00 Total $ . 1,100.00 160106 ENGINEERS ESTIMATEI/7/201612:45 PM CONSTRUCTION COST WORKSHEET EROSION CONTROL&WATER QUALITY BMP's ON SITE EROSION CONTROL IMPROVEMENTS PROJECT: DATE: 1/6/2016 QUANTl'i'Y , :UNIfi: . ITEM • . AMOUNT EROSION CONTROL EA. Gravel Bags(1-foot length). ' 0 100.00 L.F. Gravelbag Barrier(2 bags on bottom, 1 bag..top) . I• L.F. Gravelbag Checkdam(6.bags 3-2-1) 0.00 50.00 L.F. Silt Fencing $ 3.06$ 150.00 L.F. Silt'Fencin• -wire reinforced $ 5.70 0.00 Fiber Roll!Straw Wattle $ 3.54 0.00 Straw Matt-.double sided $ 0.30 0.00 • Straw Bales $ 9.90 0.00 JuteNetting $ 0,36 0.00 • Polymer Soil't3inder!Tackifier $ • 0.04 0.00 Hydro Mulch-2000#/ac+.200#lac binder $ 0,06 0.00 • Blown Fiber Mix-prepkq'ci.3500#/ac $ 0,17 0.00 • Blown:Fiber Mix-w/Hydroseed $ 0:21 0.00 1.00 Stabilzed Const.Entrance p05.(50'rock&fabric):.. $ 2,100.00$ 2,100.00 TONI No.2 Course Aggregate $ 26.00 $ 0.00 MONTH Shaker Plates(2 each per month rental) $ 240.00 $ 0.00 1.00 EA Concrete Washout(6,5iCY bin) $ 3,000.00$ 3,000:00 • Visquene(10 mil) $_ 0.10 $ '0;00 Export Sediment $ 10.00 $ 0.00 4 HR Water Truck(4hr minimum) $ 480,00 $ 0.00 • Street Sweeper(4hr minimum)Mill $ 600.00 $ i.0 0 4 HR Maintenance(4 man crew,4 hr minimum) ,$ $ 0.00 00 . WATER QUALITY BMP's L.F: Sand Filter Trench w/PVC Drain Pipe 8 •' ' • I 1 L.F. Infiltration Trench w/o PVC Drain Pipe : ' 00:000 S i E.A. Dry Well 0.00 L.S. Underground Infiltration/Detention Chambers ' • L.F.. Vegetated Blo Swale : : ' 0.00 • Poroas Ashnalt 00 $ I I 0 • Porous Concrete Pavers 0.00 ' Parous:L"andscape_Detention Basin 0.00 EA Kristar.Dro. Inlet Insert' 800,00 $ 0.00 E.A. Clearwater Solutions CB Insert $ 4,000.00 $ 0.00 E.A. Inlet Stencil"No Rain in the Drain" $ 95.00$: 0.00 $ $. 0:00 $ $ 0.00 S. $ 0.00 $. $ 0.00 Subtotal $ 5,760.00 10%Contingent'$ 576.00 Total $ 6,336.00 160106 ENGINEERS ESTIMATE1/7/201612:45 PM r • CONSTRUCTION COST WORKSHEET ON SITE GRADING PROJECT: DALEY 31400_EL CAMINO REAL DATE: 1/6/2016 ;QUANTITY: ..... : _:'.UNIT - ITEM : UNIT .;.., y. - AMOUNT"' COST: . L.S. Move-In/Mobilize '$ $ 0.00 0 Acre Clearing and Grubbing up to 6"Trees $ 5,000.00 $ 1,000.00 . EA. Remove existing tree above 6" 5. . 250.00 $ 0.00 L.F, Remove existing fence $ 5,00 $ 0.00 L.F. Remove Existing Concrete Drain 5 10.00 $- 0.00 E.A. Cap Well $ 2,500.00 $ 0.00 L.S. Remove Septic Tank $ $ 0.00 L.S. Demo/Remove Existing Structure 5 $ 0.00 L.S. Asbestos,Study&.Removal. $ $ 0.00 . • - $ $ 0.00 586 C.Y. Cut/Fill(Larger of:the two) 5 10.00 $ 5;860.00 . C.Y. Over-excavation/Remedial $' 1.75$ 0.00 S.F. Balance Street Grade-/Parkways $ 0.50 $ . 0.00 484 C.Y. Import:1 Export Dirt $` 20.00 $ 9,680.00 L.F. 6`Wide Trapezoidal Graded Ditch per detail -$ 35.00.$ 0.00 5. $ 0.00 L.F. 6"Subdrain $ 20.00 $ 0.00 L.F, 8"Subdrain $ 25.00 $ 0.00 L.F. .Interceptor Drain Std.432 5: 25.00 $ 0.00 L.F. Terrace Drain Std.415a $- 30.00 $ 0.00 L.F. Down Drain Std.415b $ 25.00 $ 0.00 EA. Terrace&Down Drain Intersection Std.415c 5 200.00 $ 0,00 " S.F. Masonry Splash WeII Std.415a 5 • 15.00*$ -0.00 EA. Down Drain&Pipe transition Std.431 $ 1,000.00 $ 0.00 L.F. '1'Wide"V"Ditch behind ret,wall per detail $. 15.00 $ 0,00 $ $ 0.00 L.F, Gabion drop structure per detail $. 60.00 5 0.00 S.F, Turf Block all weather access ., $ 6.50 $ 0.00 S.F. Concrete Slope Protection per detail $ 5.00 $ 0.00 $ $ 0.00 , L.F. Relocate Chain Link Fence $ 12.00 $ 0.00 L.F. Remove Chain Link Fence $ 7.50,$ 0.00 $:. $ 0.00 $ $ 0,00 1,800 S.F, RETAINING WALLS NOT A PART OF BUILDING,$.' 50.00$ 90,000.00 1 L.S. REMOVE EXISTING.WALL2,500.00 $ 2,500.00 $ $ 0.00 1 L.S. WATER LATERAL $.. 3,000.00 $ 3,000.00 1 L.S. . SEWER LATERAL 5 3,000.00$ 3,000.00 3 EA. AREA DREAINS 5 50.00 $ 150.00 125 L.F. 4'PVC DRAIN PIPE $ 15.00 $ 1,875.00 $' $ 0,00 $ 0.00 5 5 0.00 15,540,00 Subtotal $ 117,065.00 3,885.00 10%Contin9enc'$ 11,706.50 19;425.00 ,Total $ 128,771.50 160106 ENGINEERS ESTIMATE1/7/201612:45 PM CITY OF SAN JUAN CAPISTRANO IRREVOCABLE ASSIGNMENT OF POWER TO WITHDRAW TIME CERTIFICATE OF DEPOSIT GRADING SURETY AGREEMENT SECURITY DEPOSIT WHEREAS, kc'.1C , hereinafter referred to as the "Developer," has entered into that certain "GRADING S11 .ETY AGREEMENT" dated 2016, and identified as project 31400 El Camino Real (City Job No:B15-1420), located at 31400 El Camino Real, City of San Juan Capistrano ("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 244 I IJ 51-I _ drawn by Or r .. . _ . (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 One Hundred Forty Four Thousand Eight Hundred Seventy Dollars ($144,870) 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 fund's 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 61147.02100\2482I706.1 B15-1420 CITY OF SAN JUAN CAPISTRANO her designee that the Developer has fully and satisfactorily completed the Agreement and Obligations thereunder. Developer and Bank agree that: (I) 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 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:. I AI 6. NW` k V NAME OF BAN 1 NANClA ,1 1ST]T-TI 1' f, BY: r e' '. k 4. Its: i` 4114144,1447 Ml i 'ne Ad ess: , Z,. I '` ? U 0,110 Date: CP/a0(K0 %76,64. .XCAt N : -ViO U r l Its:Itt(,�tx'sn&' (', Mai lin t Address. 1 ` vti 0 ,C AZ` \ ‘--A,_r 'r- ic' q'-'411 ,.._. 51147.02100\24821706.1 B15-1420 1. CITY OF SAN JUAN CAPISTRANO 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. (signatures continued on next page) 61147.02100\24821706.1 1315-1420 gv CITY OF SAN JUAN CAPISTRANO ACCEPTED: CITY OF SAN JUAN CAPISTRANO By: Its: City Enginee .0# Mailing Address: 32400 Paseo Adelanto San Juan Capistrano,CA 92675 61147.02100124321706.1 B15-1420 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 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 6/30/2016 before me, GABRIELA DOMINGUEZ,NOTARY PUBLIC Date t Here Insert Name and Title of the Officer personally appeared '- �_. _MALe, 1 � c n Names).of igner(s) who proved to_me pn the basis of satisfactory .evidence to be the person( whose namec0/are subs gibed to:the within instrument and acknowled ed to me that he/shehhcy executed the'same'in hi Ctheir authorized capacity(ip.t,and that by his/ their signature($)on the instrument the person( or the entity upon behalf of which the,person( j'acted,executed the instruniet t I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph GAW TELA DamiuspEZ is true and correct. trA C®inmission 2087808: 4rNotary Public-California E WITNESS ,and and official seal. 1':- 1: Orange County 7.3 • "` M Comm Expires Oct 25.'2018 r .,� Signature 'Or.. Signatur fT NotPu fid a� Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document:. . Ira. ` cA+r-e,-tj_ rte-- Document Date: VIZOR Number of Pages: Signer(s Other Than Named Above: Capacity(les)Claimed by Signer(s) Signer's Name: Signer's Name: Cl Corporate Officer — Title(s): 0 Corporate Officer —Title(s):. ❑Partner — ❑Limited 0 General 0 Partner— 0 Limited 0 General ❑Individual ❑Attorney in Fact 0 Individual 0 Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee El Guardian or Conservator ❑Other: 0 Other: Signer Is Representing: Signer Is Representing acR,VVZ'E` ' v vfi.ARiF:g1 Y.<w ;"_ ° -;=:vim ry X.ge)g.'ryt:FL`S i, €- .<• h cr t Y.-" .r he•; .*.V5 j ©2014 National Notary Association•www.NationalNotary.org• 1-800-US NOTARY(1-800-876-6827) Item#5907 • CALIFORNIA ALL-PURPOSE ACICNOWLEDGIVIENT CIVIL CODE§1189 i�:iCi::iCc',�:^�'c'':�z"{ ..n,"c;�i`a^-.,`s.N .'`�<«s�Ci:4:s�`fa`�'.� 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 6/30/2016 before me, GABRIELA DOMINGUEZ,NOTARY PUBLIC , Date Here Insert Name and Title of the Officer personally appeared :"` . ___ i ,,/ 6t�. ` --~----_ Name(s)of Signer s) who proved: to rile ail the basis ofsatisfactory evidence to be this: ersan(: , whose. Hem9isi re subscribed to the within instrument and acknowledged to me.:thatkie heltey executed the same in tap e tbeir authorized capacity(ie and that by tierltheir signature(cl'on.the Instrument the:p'ersoa( , or the entity.upon behaif'of:which.the person(q)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph • ,„t , _ _. amp w. _- is true and correct. 4 .. GABI IELA 00MINC I16't Ai Commission;r 208760WITNESS my and official `~41111r..$ ' Notary Public-California I • Orange County M Comm.E ,irss Oct 25.2016 S Signature Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Documentc�" Title or Type of Document: ,:k rtetvt v1 - Document Date: .t-GliN I Number of Pages: Signe s) Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name:.. Signer's Name: ❑Corporate Officer — Title(s): 0 Corporate Officer— Title(s): ❑Partner — ❑Limited ❑General 0 Partner — 0 Limited ❑General ❑Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact ❑Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator ❑Other: 0 Other: Signer Is Representing:, Signer Is Representing: sC ctirarczJc�s ils sZ C u ' Fo A'a Zu c*. , c ai w 'v� zz � YX4+1 q ', ©2014 National Notary Association •www.NationalNotary.org• 1-800-US NOTARY(1-800-876-6827) Item#5907 • • CERTIFICATE OF DEPOSIT RECEIPT ir OneWest Bank' -117,..1v- A Division of CFI Bank,N A, This receipt is issued to: Patrick F Dailey Account Number: 2449488341 (For The City Of San Juan Capistrano) IRA Number: 32400 Paseo Adelanto Statement Frequency: Quarterly San Juan Capistrano CA 92675 Opening Date: 06/30/2016 Interest Rate: 0.300% Account Description(Type): Personal Certificate of Deposit Annual Percentage Yield: 0.30% Opening Balance: $144,870.00 Interest Payment Frequency: Monthly Minimum Balance Required: $1,000.00 Frequency of Compounding: Daily Initial Term: 3 Months Maturity Date: 09/30/2016 Grace Period Begins: 09/30/2016 Interest will be: • I Mailed to Customer I Transfer to Account Number: X I Credited to Account • • I Paid to(alternate name) Opened by: Cyer g�* L._./ •