01-0730_CHALAYAN, ELGIN_Grading 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 Mr. Elgin Chalayan, a
Homeowner referred to as "Developer".
WITNESSETH
WHEREAS, City will issue Grading Permit No. 44220 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 Tract 9184 Lot 9, commonly referred to as 30342 Malaspina
Road.
WHEREAS, San Juan Capistrano Municipal Codes 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
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 Obliqations. 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 passbook savings account,
Account Number 2202-132805 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 $31,550 for that work described in Exhibit "A".
This security of $31,550 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".
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 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
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,
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
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.
In witness whereof, the parties have executed this agreement as of July 30,
2001 at San Juan Capistrano, California.
Developer 7 City of San Juan Capistrano
By: Elgin Chalaya B : Daniel W. M arland
Homeown Building Official
Approved as to Form:
By: John haw
City Attorney
EXHIBIT "A"
30342 Malaspina Road
Elgin Chalayan Residence
Item 1: Construction of all on-site grading (cut, fill and slope stabilization) operations in
accordance with Grading Permit No. 44220 and the Developer's plans and
supporting documents as listed below:
(A) Grading Plan for (Project Name) 30342 Malaspina Road, dated July 5,
2001, prepared by(Firm) Saxon Engineering Services, (Engineer) Kurt M.
Saxon, RCE No. 44180.
(B) Geotechnical Report for (Project Name) 30342 Malaspina Road, dated
August 24,2000, prepared by(Firm), Professional Engineering, (Engineer)
Frederick A. Schilling No. EG 2046.
EXHIBIT "B"
SCHEDULE FOR COMPLETION OF IMPROVEMENTS
Completion Date Task
September 8, 2001 Rough Grade Certification
N/A Landscape Irrigation
N/A 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. 44220.
B. Grading operations shall commence within fourteen (14) calendar days after
issuance of Grading Permit No. 44220.
W inter 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 notwish to implementwinter 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 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.
C. A sequence plan of grading operations shall be approved by the City prior to the
issuance of any grading permit for this project. Any variation or deviation in the
sequence of operations must be recommended, in writing, by the supervising civil
and soils engineers and approved by the Building Official prior to performing any
work related to the variation or deviation.
D. The supervising civil engineerand soils engineershall 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.
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 termination.
G. 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.
H. 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.
I. Contractor shall adhere to conditions of haul route permit and encroachment permit
issued by the City Engineer.
J. Parking for construction crew is to be on-site.
Page: 1 Document Name: untit i
RSPO 2 FSS RST PLEDGE INQ/MAINT 01/07/30 12 . 14 . 02
RSMU CO 114 OP MS ACTION SUCCESSFUL
ACTION INQ COID ACCT COND
PROD CODE DDA ACCT — C2202132805 SHORT NAME CHALAYAN ELGIN
CLASS 2 (1, 2, 3) TYPE 1 SE—0-- CURRENCY
ORIGINAL PLEDGE AMT. . . . 31550. 00 DATE PLACED. . . . . . . . . . . . . 101/07/3�,
CURRENT PLEDGE AMT. . . . . 31550. 00 DATE EXPIRES. . . . . . . . . . . 999/99/99%
STATUS CODE. . . . . . . . . . . . 1
PLEDGED TO PRODUCT. . . . . REVIEW FREQUENCY. . . . . . .
PLEDGED TO ACCT NO. . . . . 000000000000000 LAST REVIEW DATE. . . . . . .
SPECIAL COMMENTS LINE 1 TAMMI BANKS 949 661-0898 0990
LINE 2 SPECIAL PURPOSE ACCOUNT FOR
RESTRAINT REASON LINE 1 CITY OF S. J. C. 9494931171
LINE 2 NEED LETTER DO NOT RELEASE
STATUS CODE VALUES
1 = ACTIVE 2 = DELETE
A = ACTIVE PAID B DELETE PAID
PF: 2-CONT 4-CHG 5-FAD 6-INQ 9-NXT . . -DEL . . -ADD
Tammi Banks San Juan Capistrano
Customer Service Representative 32222 Camino Capistrano
Mon.Tue.&Fri. San Juan Capistrano,CA 92675
949661-0898 '
949496-0195 Fax
800 869-3557 24Hr.Cust.Service
Date: 7/30/01 Time : 10 : 14 : 55 AM
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