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19-1212_PROTEA SENIOR LIVING SJC, L.L.C._Grading Surety Agreement GRADING 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 Protea Senior Living SJC, L.L.C., hereinafter referred to as "Developer." WITNESSETH WHEREAS, City will issue Precise Grading Permit No B19-0903 to Developer to construct certain designated improvements upon a portion of that real property located at 31451 Ave Los Cerritos, San Juan Capistrano, CA, such work being commonly referred to as Protea Memory Care Facility ("Project"). WHEREAS, San Juan Capistrano Municipal Code Section 8-2.08 requires the posting of financial 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. 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 "PRESISE GRADING PLAN FOR PROTEA MEMORY CARE FACILITY" as approved by the City Engineer, on D&PA4A b&( J 2) g O/ ? 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#B19-0903 Page 1 of 10 61147.02100\24835741.2 2. Developer's Security. Developer shall provide a cash deposit, irrevocable letter of credit, certificate of deposit or a bond by a duly authorized corporate surety subject to the approval of the City Attorney, or as approved by the City Engineer, to secure Developer's improvement obligations required under this Agreement ("Security"). The amount of the Security shall be $896,806.35, as reflected in the Approved Engineers Estimate, 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, 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#B19-0903 Page 2 of 10 61147.02100\24835741.2 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 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. 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#B19-0903 Page 3 of 10 61147.02100\24835741.2 SIGNATURE PAGE TO GRADING SURETY AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND Protea Senior Living SJC, L.L.C. IN WITNESS WHEREOF, the parties have executed this Agreement as of , 20_ CITY OF SAN J 1 AN CAPISTRANO NAME OF DEVELOPER ---- Protea Senior Living�i L.L.C. to C4405 4,4 Carlos ado, Building Official g y: � L Dated: /2/4/q Printed Name: Hans van d-r Laan Title: Managing Member Approved as to Form: By: City Attorney By: Printed Name Title Grading Surety Agreement, Permit#B19-0903 Page 4 of 10 61147.02100\24835741.2 SIGNATURE PAGE TO GRADING SURETY AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND Protea Senior Living SJC,L.L.C. IN WITNESS WHEREOF, the parties have executed this Agreement as of , 20= CITY OF SAS ' - _ NAME OF DEVELOPER / f � Protea Senior Living,A i ,L.L.C. r 173 w141; Carios Yado, Building Official By: • ,t.o,,r Dated: Printed Name: Hans van d-r Laan Title: Managing Member Approved as to Form:_ By: City Attorney By: Printed Name Title Grading Surety Agreement, Permit#B19-0903 Page 4 of 10 61147.02100\24835741.2 EXHIBIT "A" SCHEDULE FOR COMPLETION OF IMPROVEMENTS Task Completion Date 1. Demolition 12/10/2019 2. Complete rough grading 02/28/2020 3. Completion of On-Site improvements 02/03/2021 4. Completion of Street Improvements 02/03/2021 Grading Surety Agreement, Permit#B19-0903 Page 5 of 10 61147.02100\24835741.2 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 Sixty(60) 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 reflect 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 unless Developer has received approval from the City authorizing a suspension in excess of twenty (20) working days. 4. The supervising civil engineer or 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 Grading Surety Agreement, Permit#B19-0903 Page 6 of 10 61147.02100124835741.2 filed with the Building Official. This interim report shall conform to the grading code requirements for final compaction reports. 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 unless Developer has received approval from the City authorizing a suspension in excess of fifteen (15) working days. 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 grade 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 crewis 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#B19-0903 Page 7 of 10 61147.02100\24835741.2 ENGINEERING COST ESTIMATE FORM Project Protea Memory Care Facility Date: November 13th,2019 ONSITE PRIVATE IMPROVEMENTS Demo Existing Residence 2 EA @ $35,000.00 = $70,000 Pavement Up to 4"AC18"AB or ACINatIve 18,760 SF @ 52.75 = $51,590 C80 6" 340 IF @ $13.50 = $4,590 6"Curb 1,380 LF © $10.50 = $14,490 Retaining Wall(M$E) 1 EA @ $150,000.00 = $150,000 Site Walls(CMU).... 2 EA ea $20,000.00 = $40,000 Sidewalk(41. 7,621 SF @ $4.50 = $34,295 Handicap Access Ramp 6 EA 0 $1,750.00 = $10,500 PCC Aprons,Trash Bln Pads,Loading Docks,etc 222 SF @ $17.00 = $3,774 Striping 524 LF @ $1.00 = $524 . Wheel Stops 24 BA @ $150.00 = $3,800 Modular Wetlands 1 EA @ 550,000.00 = $50,000 BIo811retlon Basin 1 EA @ $10,000.00 = $10,090 Grading(Import and Fill) .._.__..............................,.......................,... 5000 CY © $30 = $150,000 Ribbon Gutter 724 SF @ $7.50 = $6,430 Gratad Drainage Inlet or Clean Out.. 48 EA @ $150.00 = $7,200 Junction Structure,with manhole 1 EA (§1 $3,000.00 = $3,000 Downdrain to Pipe Transition. • 33 EA @ $150.00 = $4,950 Rip rap 45.00 CY @ $50.00 = $2,260 4"-6"HDPE Storm Drain pipe 1,418 LF @ $25.00 = $35,460 12".16"HOPE Storm Drain Pipe 169 LF @ $65.00 = $10,985 Subtotal $662,628 10% $66,262.76 Total $728,890.26 OFFSITE PUBLIC IMPROVEMENTS Pavement.Up to 4"ACM"AB or AC/Native.........................,..................,.......... 200 SF @ $5.00 = $1,000 C&G 6" 30 LF @ $25.00 = $750 PCC Driveway&Approach 300 SF ' © $17.00 = $5,100 Subtotal $6,850 10% $685.00 Total $7,535.00 Earthwork t3rading(irnport and Fill) 6000 CY @ $ 25.00 = 5125,000 Staballzed ConstrucUan Entrances..., 2 EA @ 5500.00 = $1,000 i Graveibags 320 EA @ $2.00 = $658 Concerto Washout 1 FA © 57,600A0 = $7,500 Porta Potty 2 Years ,...� $1,500,00 $3,000 Silt FencelFlberroll 1,729 LF @ $5.00 = $8,645 Subtotal $146,801 10% $14,600.10 /I' ! 11 i, Total $160,381.10 t / GRAND TOTAL $896,806,35 CI nOf 1 h . GONG ENTERPRISES,INC. PLAN CK#:n' I _ AGENCY:,hRECEIVED NNOV1 ;� 2019 ' Of cAto°, l/fQ /1 //,/),/ DATE COMPLETED: APPROVED: ) rY N . , SEND TO: ,-#; #, • •