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07-0607_BRUTOCAO, ROBERTO_Grading Surety Agreement0 0 L)GAIGINAL 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 Roberto Brutocao, owner referred to as "Developer". WITNESSETH WHEREAS, City will issue Grading Permit No B07-0669 to Developer to construct certain designated improvements which constitute a portion of that real property at the location of Tract 6305 Lot 11, commonly referred to as 28122 Ascot Lane. 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 Obligations. Developer shall, at its sole cost and expense, provide and furnish all labor, materials and equipment for the construction of grading improvements as approved by the City Engineer. The grading permit and plans, which describe all the work to be constructed per this agreement are on file in the office of the City's Building Official. 0 0 L� ORIGINAL 2. Developer's Security. Developer shall provide a cash deposit, 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. The amount of the bond shall be $11,040.00 for all onsite grading improvements as approved by the City Engineer. This security 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 "A". 3. Completion of Improvements. To ensure the protection of the public safety, health and welfare, Developer shall construct all said improvements 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 a safe and acceptable 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 approved grading plans. 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 0 0 IDORIGINAL 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 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 J (lam 20 1-7 at San Juan Capistrano, California. Develo r By: (Signee) Ojag" (Title) OWn& c Approved as to M Attorney City of San Juan Capistran -Bq:f r Nasser Abbaszadeh Engineering and Building Director 0 0 L� ORIGINAL EXHIBIT "B" SCHEDULE FOR COMPLETION OF IMPROVEMENTS Completion Date Task 9-1-07 Rough Grade Certification 4-1-08 Landscape Irrigation 4-1-08 Landscape Planting • • EXHIBIT .,C., J;ORIGINAL 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 fourteen (14) 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 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 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. 4. 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, shall be Date Opened: A/8/Q7 Term - Par ReMpt for Ti " I Amount or ,r.. at" =lax i¢ 57 I2=4702_�u.. leposit ., Account Numtiec; 0205703 _ _ X111 Thtx ro pepos)tis Issued to: , - lesaec c x'. INTERNATIONAL FRTO BRUTOCAD forthebenefit of ehe >gr CITYRANK EM O.ITY OF SAN JUAN CAPISTRANo ' ' 2499N BOUIXIVARIJ 6 VENirr' $TE 100 LONG OF,AC, fALlFOkhM 90Q02 IRVINEA?92618 v+ (562)4) -9600 ,t Not Negotiable NotTefabk -it not t_ By _ - .�� - - 3 Additional Terms and Disclosure Definitions: "We." `our" and "us" mean the issuer of this - account and "you' and "your" mean the depositor(s) "Account" means the original certificate of deposit as well as the deposit it evidences. Transfer: "Transfer" means any change in ownership. withdrawal rights, or survivorship rights, including (but not limited to) any pledge or assignment of this account as collateral. You cannot transfer this account without our written consent This Form: This bottom pan of the form (below the per .coma) contains additional terms for your time deposit. It is also the Truth -in -Savings disclosure for those depositors entitled to one. Yon should keep this bottom pan if you deliver the top to us for payment or someone else for any other reason. Rate Information - The interest rate on your account is 4.75 % with an annual percentage yield of 5.12 �. You will be paid this rate until first maturity. Compounding frequency - Interest will be compounded every Crediting frequency - Interest will be credited to your account every 30 days Co psi ci 1 . Minimum balance to open the account - You must deposit $ __ to open this account. Minimum balance to obtain the annual percentage yield disclosed - You must maintain a minimum balance of $ in the account each day to obtain the disclosed annual percentage yield. Daily balance computation method - We use the daily balance method to calculate the interest on your account. This method applies a daily periodic rate to the principal in the account each day. Accrual of interest on noncash deposits - Interest begins to accrue on the business day you deposit noncash items (for example, checks). Transaction limitations: [� You may not make any deposits into your account before maturity. 0 The minimum amount you can deposit is $ You may make withdrawals of principal from your account In certain circumstances such as the death or incompetence of an owner of this account, the law pemtits, or in some cases requires, the waiver of the early withdrawal penalty. Other exceptions may also apply, lot example, if this is part of m IRA or other tax- deferred savings plan. Withdrawal of interest prior to maturity - The annual percentage yield assumes interest will remain no deposit until maturity. A withdrawal will reduce earnings. 0 Automatically renewable time account - This account will automatically renew at maturity. You may prevent renewal if we receive written notice from you before maturity of your intention not to renew or you withdraw the funds in the account at maturity (or within any grace period mentioned below). We can prevent renewal if we mail notice to you at least 30 calendar days before maturity. If either you or we prevent renewal, interest will not accme after final maturity. Each renewal term will be the same as the original term, beginning on the maturity date. The interest rate will be the same we offer on new time deposits on the maturity date which have the same term, minimum balance (if any) and other features as the original time deposit. You will have ten calendar days after maturity to withdraw the funds without a penalty. 0 Non -automatically renewable time account - This account will not automatically renew at maturity. If you do not renew the account, interest will not accrue after maturity. 0 Your account will mature on and it will automatically renew unless you prevent it. The new maturity date will be The interest rate and annual percentage yield have not yet been determined. They will be available on . Please call (562) 436-9800 to learn the interest rate and annual percentage yield for your new account. /i i