1996-1115_FLUIDMASTER_Surety Agreement SURETY AGREEMENT
THIS AGREEMENT is made by and between the CITY OF SAN JUAN CAPISTRANO, a
municipal corporation, hereinafter referred to as the "City" and Fluidmaster, Inc., a California
Corporation referred to as "Developer".
WITNESSETH
WHEREAS, City will issue Grading Permit No. 35733 to Developer to construct certain
designated improvements, more particularly described in Exhibit"A" attached and incorporated herein
by reference, which said improvements constitute a portion of that real property at the location of
30800 Rancho Viejo Road, commonly referred to as Fluidmaster, Inc..
WHEREAS, San Juan Capistrano Municipal Code Section 8-2.08 requires the posting of
financial security to secure the faithful performance and labor and materials for the grading and
installation of improvements connected with issuance of grading permits.
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 installation of improvements set forth
in Exhibit "A". The grading permit and plans,which further defines the improvements in Exhibit "A",
are on file in the office of the City's Building Official, and all documents referenced in Exhibit "A" are
incorporated herein by reference.
2. Developer's Security. Developer shall provide a Certificate of Time Deposit, subject
to the approval of the City's City Attorney, to secure Developer's improvement obligations required
under this agreement.
The amount of the bond shall be $10,000 for that work described in Exhibit "A". This
security of$10,000 shall also serve as security for restoration of the site. A copy of the surety
instrument, as approved by the City Attorney, is attached as Exhibit "D".
Surety Agreement Page 2
Fluidmaster, Inc.
30800 Rancho Viejo Road
3. Completion of Improvements. To ensure the protection of the public safety, health
and welfare, Developer shall construct the improvements described in Exhibit "A" in accordance with
the schedule as set forth in Exhibit "B", and the conditions as set forth in Exhibit "C".
4. Developer Default. In the event Developer does not complete the required
improvements, including erosion-control measures within the time required, or abandons the project
site, or suspends work for more than twenty working days other than previously prescribed, City shall
have the right to immediately declare a default and to make demand on the surety for performance.
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
uncompleted grading and/or improvements. The purpose of this bonding shall be to restore the
property to its original condition if the Developer defaults. This restoration shall include:
A. Dismantle and/or demolish improvements;
B. Grade property to its original contours as shown on the grading plan referred
to in Exhibit "A";
C. Remove all debris and construction materials from the site; and
D. Install erosion control, including hydroseeding, to the satisfaction of the
Building Official.
6. Attorney's Fees. Developer agrees to pay City such sum as the court may adjudge 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 said 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 construction of said improvements.
8. Liability. Developer shall hold City, its officers, and employees harmless from any and
all claims, demands, causes of action, liability or loss of any sort because of, or arising out of, the acts
or omissions of Developer, his contractor, subcontractors, agents or employees in the performance
of this agreement.
Surety Agreement Page 3
Fluidmaster, Inc.
30800 Rancho Viejo Road
In witness whereof, the parties have executed this agreement as of // /J , 1996
at San Juan Capistrano, California.
Developer City of San Juan Capistrano
iiiia�11::1 s1.iltr,
By: Daniel W. Mc. arlanp
/ /%� � Building Official
,iia �' /� ._-ir.,JI _/`.
By: Robert Anderson Schoepe/
Vice President
Ap. .ved as to Form:
./. /K „44.41,4)
:y: Richard K. Denhalter l!—6_
City Attorney 6
Surety Agreement Page 4
Fluidmaster, Inc.
30800 Rancho Viejo Road
EXHIBIT "A"
Item 1: Construction of all on-site grading(cut, fill and slope stabilization) operations in accordance
with Grading Permit No.35733 and the Developer's plans and supporting documents as
listed below:
Grading Plan for Fluidmaster, Inc., dated 10/30/96, prepared by Charles Hartman
& Associates, Charles Hartman, RCE No. 29243.
•
Surety Agreement Page 5
Fluidmaster, Inc.
30800 Rancho Viejo Road
EXHIBIT "B"
SCHEDULE FOR COMPLETION OF IMPROVEMENTS
Completion Date Task
1/1/97 Rough Grade Certification
1/1/97 Landscape Planting
•
Surety Agreement Page 6
Fluidmaster, Inc.
30800 Rancho Viejo Road
EXHIBIT "C"
CONDITIONS FOR COMPLETION OF IMPROVEMENTS
A. The grading for this project shall be in strict conformance with the grading plans and related
documents as described in Exhibit "A" and Grading Permit No. 35733.
B. Grading operations shall commence within fourteen (14) calendar days after issuance of
Grading Permit No.35733.
Winter grading will be conducted in strict accordance with the dynamic erosion-control plan
submitted by the Developer, and approved by the City. This erosion-control plan reflects
erosion 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-control plans reflecting current conditions of grading shall
be submitted within ten (10) days of cessation of work. These plans shall include erosion-
control planting as required by the City.
C. Except as specified in item "F" below, suspension in excess of twenty (20)working days of
work authorized by Grading Permit No. 35733, including erosion-control measures and
landscaping and irrigation, shall constitute default of this agreement.
D. 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 (see item "F" below), shall be
filed with the Building Official. This interim report shall conform to the grading code
requirements for final compaction reports.
E. 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.
F. Grading operations suspended during the rainy season shall be resumed no later than 15 days
from date of suspension.
G. Developer shall provide approved on-site archaeological monitor during all phases of grading
and foundation excavation and submit a final archaeological report to the City upon
completion of the grading.
Surety Agreement Page 7
Fluidmaster, Inc.
30800 Rancho Viejo Road
H. Installation of interim erosion-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 grade certification. Final erosion-control
landscaping and irrigation systems shall be installed prior to final inspection of the grading
permit.
I. All work shall be performed in strict observation of the Hours of Operation in accordance
with San Juan Capistrano Municipal Code Section 8-107.
J. Contractor shall adhere to conditions of haul route permit and encroachment permit issued
by the City Engineer.
K. No construction trucks are to stop or stand on Rancho Viejo Road.
L. Parking for construction crew is to be on-site.
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III Investment CD Receipt I
Bank of America p
--% BRANCH No. Orange County RCBO No 1456 DATE Nov. 1 , 1996
PURCHASED BY * Fluidmaster, Inc. * INTEREST RATE 4.40%
ANNUAL PERCENTAGE YIELD 4.50%
FOR BONDING PURPOSES ONLY $AMOUNT 10,000.00
PAYABLE TO City of San Juan Capistrano ACCOUNT TERM 90 days
MATURITY DATE Jan. 30, 1997
.: ACCOUNT# 14569 — 00355
AUT,•-IZED SIGNATURE
The public:tion(s ,j. receive contains the terms and conditions of this account. This time deposit will be reinvested automatically for the
same acco • m upon maturity or on the effective date of a deposit or withdrawal made during the grace period. (The grace period begins
on the maturity date and is two business days for terms of 29 days or less;five calendar days for terms of 30 days through 89 days;ten calendar
days for terms of 90 days or more.) The new interest rate will be the interest rate in effect for the amount and term of your account on the
date your funds are reinvested.
If you withdraw all or part of your deposit before it matures an early withdrawal penalty will be imposed.A personal time deposit is not transferable.
Please review your statement to determine the status of your account. !
R-162 7-93 (Reprint 1 95) NOT NEGOTIABLE is He ,ciea Bank of America NT&SA • Member FDIC
7.
CUSTOMER NAME _ ACCOUNT#
MATURITY DATE
ADDITIONAL INTEREST RATE! BRANCH ADDITIONAL INTEREST RATE! BRANCH
DATE DEPOSIT AMOUNT ANNUAL PERCENTAGE INITIALS DATE DEPOSIT AMOUNT ANNUAL PERCENTAGE INITIALS
YIELD YIELD
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"EXHIBIT D"
lin Bank of America Investment CD Receipt --:
BRANCH No. Orange County RCBO No. 1456 DATE Nov. 1, 1996 n
PURCHASED BY * Fluidmaster, Inc. * INTEREST RATE 4.40% -
ANNUAL PERCENTAGE YIELD 4.50%
FOR BONDING PURPOSES ONLY $AMOUNT 10,000.00
PAYABLE TO City of San Juan Capistrano ACCOUNT TERM 90 days
MATURITY DATE Jan. 30, 1997
4,,_) ACCOUNT# 14569 — 00355
AUT•,.-IZED SIGNATURE
The public:tion(s ,p receive contains the terms and conditions of this account. This time deposit will be reinvested automatically for the
same acco • m upon maturity or on the effective date of a deposit or withdrawal made during the grace period. (The grace period begins
on the maturity date and is two business days for terms of 29 days or less;five calendar days for terms of 30 days through 89 days;ten calendar
days for terms of 90 days or more.)The new interest rate will be the interest rate in effect for the amount and term of your account on the
date your funds are reinvested.
• If you withdraw all or part of your deposit before it matures an early withdrawal penalty will be imposed.A personal time deposit is not transferable.
Please review your statement to determine the status of your account.
R-162 7-93 (Reprint 1-95) NOT NEGOTIABLE :(+ Recycled Bank of America NT&SA• Member FDIC -
«Paper
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/ -- - CUSTOMER NAME ACCOUNT# _
Pay to the order of Fluidmaster without recourse. MATURITY DATE
City of San Juan Capistrano, By it (j. (j, 7, )
Cyn s L. Pendleton, City Treasurer v'
ADDITIONAL INTEREST RATE/ BRANCH ADDITIONAL INTEREST RATE/ BRANCH
:` DATE DEPOSIT AMOUNT ANNUALYIERDCENTAGE INITIALS DATE DEPOSIT AMOUNT ANNUALPECNITIALS
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