04-0624_CAPISTRANO VALLEY CHRISTIAN SCHOOL_Surety AgreementSURETY AGREEMENT
THIS AGREEMENT is made by and between the CITY OF SAN JUAN CAPISTRANO, a
municipal corporation, hereinafter referred to as the "City" and Capistrano Valley Christian
School, a California Corporation, referred to as "Developer".
WITNESSETH
WHEREAS, City will issue Grading Permit No. 48085 to Developerto 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 32032 Del Obispo, commonly referred to as Capistrano Valley
Christian School.
WHEREAS, San Juan Capistrano Municipal Codes Section 8-2.08 requires the
posting of financial securityto secure the faithful performanceand laborand materialsforthe
grading and installation of 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 thatthe 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". Thegradingpermitandplans, which further defiinesthe
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 cash bond by duly authorized
corporate surety, subject to the approval of the City Attorney, to secure Developer's
improvement obligations required under this agreement.
The amount of the bond shall be $6,000 for that work described in Exhibit "A". This
security of $6,000 shall also serve as security for restoration of the site.
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 and silt control measures within the time required, using Best
Management Practices (BMP) in implementing a Water Quality Management Plan in full
compliancewith 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 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, drainage and/or improvements which includes illicit non -
storm drain water discharge. The purpose of this bonding shall be to restore the property to
its original condition if 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 grading plan
referred to in Exhibit "A";
C. Remove all debris and construction materials from the site; and
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, orothererosion resistant soil coverings or
treatments to satisfaction of the Director of Engineering and Building.
6. Attomey'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 apart
of anyjudgment 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.
In witness whereof, the parties have executed this agreement as of
2004 at San Juan Capistrano, California.
Developer:
Capistrano Valley Christian School
P -
By: (Signee) Bob Burison
(Title) Treasurer
�Approved as to Form:
By:B y:
John Shaw
City Attorney
City of San Juan Capistrano
Building Official
EXHIBIT "A"
Caaistrano Valley Christian School
32032 Del Obispo
Item 1: Construction of all on-site grading (cut, fill and slope stabilization) operations in
accordance with Grading Permit No. 48085 and the Developer's plans and
supporting documents as listed below:
(A) Grading Plan for (Project Name) Capistrano Valley Christian School, dated
May 5, 2004, prepared by (Firm) Ron Martin &Associates, (Engineer) Ronald
Martin, RCE No. 14456.
(B) Geotechnical Reportfor (Project Name) Capistrano Valley Christian School,
dated , prepared by (Firm), Lawson & Associates,
(Engineer) Timothy Lawson No. CEG 1821.
EXHIBIT "B"
SCHEDULE FOR COMPLETION OF IMPROVEMENTS
Completion Date
July 31, 2004
August 30, 2004
Task
Rough Grade Certification
Landscape Irrigation
September 30, 2004 Landscape Planting
EXHIBIT "C"
CONDITIONS FOR COMPLETION OF IMPROVEMENTS
A. The grading forthis project shall be in strict conformance with the grading plans and
related documents as described in Exhibit "A" and Grading Permit No. 48085.
B. Grading operations shall commence within fourteen (14) calendar days after issuance
of Grading Permit No. 48085.
W inter grading will be conducted in strict accordance with the dynamic erosion and silt
control plan submitted by the Developer, and approved bythe 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 sedimentthat may affectthe
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.
C. 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
thatwork completed atthe time work is suspended forthe rainy season, shall be filed
with the Building Official. This interim report shall conform to the grading code
requirements for final compaction reports.
D. 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.
E. Grading operations suspended during the rainy season shall be resumed no laterthan
15 days from date of suspension termination.
F. 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 control devices, planting, landscaping and
irrigation systems shall be installed prior to final inspection of the grading permit.
G. 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.
H. Parking for construction crew is to be on-site.
Plan Check Application No. a a/2
Permit No.
CITY OF
SAN JUAN CAPISTRANO
MISCELLANEOUS RECEIPT
Project Name
Project Addre:
Applicant
Address
Building Plan Check ......................................................
Grading Plan Check ......................................................
Phone
On -Site Plan Check ...................................................... $
Special Inspection/Re-Inspection..................................
Geotechnical/Soils Plan Review ..................................
( )Copies/@0.201ea�c-hh..........................................
Other Ckes.J....!c...F/►.�f....:'. Ir. .................
&F-76Nb/ rJ C"
TOTAL.......................................
(01-4411)
(01-4413)
(01-4413)
(01-4412)
(01-4419)
(01-4521)
NOTE: APPLICATIONS FOR WHICH NO PERMIT IS ISSUED WITHIN 180 DAYS FOLLOWING THE
DATE OF APPLICATION/DEPOSIT SHALL EXPIRE BY LIMITATION AND BECOME NULL
AND VOID. UNIFOW4BUILDING CODE SECTION 304 (d)
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