03-0709_EICHLER, GLENN_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 Mr. Glenn Eichler, an
Owner/Builder referred to as "Developer'.
WITNESSETH
WHEREAS, City will issue Grading Permit No. 47006 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 ofAPN 666-048-12 and 666-048-13, commonly referred to as 31810
& 31812 San Juan Creek 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 forthe
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 secu rity 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 furtherdefines the
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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 Company Check No. 2054
drawn on First Bank and Trust Account No. 1428068351 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 $3,120.00 for that work described in Exhibit "A". This
security of $3,120.00 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
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 waterdischarge. The purpose of this bonding shall be to restore the propertyto
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, orother 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 courtmayjudge
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
ofanyjudgment 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. Liabilily. 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
i 20c3at San Juan Capistrano, California.
Developer
Glehfi Eichler
Developer
Approved as to Form:
City of San Juan Capistrano
By: Daniel W. McF rland
Building Official
" 6J&4 . T�"lti�i' , U 7� 1
By: John Shaw
City Attorney
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EXHIBIT "A"
31810 & 31812 San Juan Creek Road
APN 666-048-12 & 666-048-13
Item 1: Construction of all on-site grading (cut, fill and slope stabilization) operations in
accordance with Grading Permit No. 47006 and the Developer's plans and
supporting documents as listed below:
(A) Precise Grading and Erosion Control Plan for 31810 & 31812 San Juan
Creek Road, dated June 30, 2003, prepared by SP Consulting Group,
Thomas A. Petersen, RCE No.35275.
Item 2: Construction of all on-site improvements in accordance with Grading Permit
No. 47006 and Developer's grading plans referenced in Item 1 above, including,
but not limited to: driveways, parking areas, retaining walls, erosion and silt control,
terrace drains, down drains, sub -drains, area drainage systems, and private storm
drain systems not a part of Developer's Improvement Plans filed with the City
Engineer.
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EXHIBIT "B"
SCHEDULE FOR COMPLETION OF IMPROVEMENTS
Completion Date
October 2003
January 2004
Task
Precise Grade Certification
Interim Landscape Irrigation
January 2004 Interim Landscape Planting
Cl
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. 47006.
B. Grading operations shall commence within fourteen (14) calendar days after issuance
of Grading Permit No. 47006.
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 Developerdoes notwish 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.
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 atthetime 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.
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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. Contractor shall adhere to conditions of haul route permit and encroachment permit
issued by the City Engineer.
Parking for construction crew is to be on-site.
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Plan Check Application No.
Permit No. 4�0�
CITY OF
SAN JUAN CAPISTRANO
MISCELLANEOUS RECEIPT
Project Name
Project Addre
Applicant Phone
Address � L/l�i0 - dVG
Building Plan Check ...........................
$
Grading Plan Check ............................
$
On -Site Plan Check ............................
$
Special Inspection/Re-Inspection .......:..........
$
OCFA Plan Check .............................
$
Geotechnical/Soils Plan Review ................ .
( )
Copies @ 20¢/each ......................
Other G!�3.j.
TOTAL ...................
(01-4411)
(01-4413)
(01-4413)
(01-4412)
(19-2334)
(01-4419)
(01-4521)
(sq p��o2
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. UNIFORM BUILDING CODE
SECTION 304 (d)
Prepared By
Department of Engineering & Building
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