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07-0712_ST. MARGARET EPISCOPAL SCHOOL_Grading Surety Agreement0 40 U ORIGINAL 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 St. Margaret's Episcopal School a California Non -Profit Corporation referred to as "Developer". WITNESSETH WHEREAS, City will issue Grading Permit No B07-0742 to Developer to construct certain designated improvements which constitute a portion of that real property at the location of 31641 La Novia, commonly referred to as the athletic field. 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 Z� ORIGJNAL 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 $ 10,000 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". 1 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 Z� ORIGINAL 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. Attornevs 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 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 12 20 t) 7 at San Juan Capistrano, California. Developer By: (Signee) L4 -SH (Title) of ilnN oc o" a PdAa KrA$ Approved as By: Joh Attorney City of San Juan Capistran -By: i r Nasser Abbaszadeh Engineering and Building Director oR►c►NAL EXHIBIT "B" SCHEDULE FOR COMPLETION OF IMPROVEMENTS Completion Date 8-15-07 9-01-07 Task Rough Grade Certification Landscape Irrigation 9-01-07 Landscape Planting Z� ORIGINAL EXHIBIT "C" 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. 1 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 0 DORIGINA,-L 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 termination. 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 grad 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 crew is to be on-site. E MEMORANDUM TO: f:ZOTA SUBJECT: Meg Monahan, City Clerk Deena Berens, Permit Technician 0 0 July 16, 2007 Cash Bond, St. Margaret's -Athletic Field Grading -31641 La Novia. Please find attached for your records, the original Grading Surety Agreement and cash receipt # 556 from St. Margaret's in the amount of $10,000.00 for the placement of bond for the purpose of grading for the Athletic Field for St. Margaret's. Attachment dwk, CIT )F SAN JUAN CAPISTRA* 32400 Paseo Ade(anto SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 Paid By St. Margaret's, Contractor Permit Number B07-0742 Site Address Receipt Number 556 31641 LA NOVIA AVE Paid Date 7/12/2007 Description Check No 60600 Grading plan for atheltic field Payment Method Check Fees ADMINISTRATIVE FEE / $326.75 l DEVELOPMENT INSPECTIONS $4,878.35 GRADING GEOTECHNICAL REVI 01-4414 $1,0oo.00 GRADING PERMIT FEE 01-4413 $1,291.50 CWtb G RUUNDASM REPOS " ' # , - IMPROVEMENT PLAN PROCESS $625.00 NPDES FEES 01-4428 $85.69 PERMIT ISSUANCE FEES $24.60 ✓ FEE TOTAL $18,231.89 T OF SAN JUAN IST 0 #NO ria �aBUILDING PERMIT ccF.✓' Permit No. B07-0742 ISSUED DESCRIPTION Grading plan for atheltic field ELECTRICAL PERMIT AMOUNT Permit Number B07-0742 ISSUED—BY SITE_APN 666-272-09 SITE—LOT—NO 81 SITE—TRACT SITE SUBDIVISION JOBVALUF 5145,945 Total Electrical OCCUPANCY—TYPE R3 PLUMBING PERMIT AMOUNT TYPE OF CONST. GRADING BUILDMG_SF 0 NO_STORIES 0 NO UNITS 0 JOB ADDRESS: 31641 LA NOVIA AVE OWNER NAME CHURCH PROTESTANT, PHONE 949 MAILING ADDRESS PO BOX 512164 CITY,STATE,ZIP LOS ANGELES, CA 90051 Total Plumbing CONTRACTOR NAME owner/builder MECHANICAL PERMIT AMOUNT ST. LIC # ST. LIC EXPIRE PHONE ADDRESS CITY, ST, ZIP TENANT NAME PHONE# MAILING ADDR CITY, ST, ZIP Total Mechanical ARCRENG/DESIGNER HARTMAN & ASSOCIATES, CHARLES MOBILE ROME PERMIT AMOUNT PHONE# (949)661-6695 . MAILING ADDRESS 27127 CALLE ARROYO #1904 ST LICENSE # 78297 CITY, ST, ZIP CA, CA 92675 1 have carefully examined the completed permit application and do hereby certify under penaltyof perjury the all information heron including the declarations are true and correct and 1 further certify Total Mobile Home and agree if a permit is issued: to comply with .C,4,, SINe laws governing building Expansion: Every permit issued by the Building Official under the provisions of this Code shall expire by construction, whether specified her icon. [also agree to save, nMem d keep hamdess the San �Capishano a mall liabilities, judgments, costs and expense�vhich may in any limitation and become null and void. If the building or coca wthonzed by such permit is uIX womwnecd i within 180 days from the time of such permit, o if the building m work amboaem by such permit is or abandoned at coy time after the work is commenced for a period of 180 days. i Oisuspended (��7QSBA iicant's Ler/C pemnl IS re9mrad fOr a%CeVBtrOm OVG $�.B" deep tinct de1110hti0n Or COIISn11LY1011 Ol s Over 3 stores m beight. sig e Contractor: I hereby affirm that I ars under provisions of Chapter 9 if Division 3 of the Business and Professions Code, and my license is in full force and effect. Owner7Builder: L as owner of the property, y employees with wages as thea sole compensation, will do the work and the structum is not intended or offered for sale. (Sec. 70". Business and Professions Code: the Contractor's License Laws does no apply in and owner of property who builds or improves thereon, who does such work himself or through his employees, provided the such improvements we od o for sde. If however, the building err improvement is sold within one year of completion, the owner -builder will have the b,vden of proving than he did not build or improve for the purpose of sale) n ui er. I, as owner ofthe property, am exclusively contracting with licensed contractors to crosm the project (Sec. 7044, Business and Profasios Code: The Contractor's License Law does not canter of napery who builds crimp. thereon usd who couracts Enmesh projects with a conuacto's) license pursuant W she Comeractes s License 4w. WorCers Compensation -I hereby affirm under penalty of perjury one of the following declarations: _ I have and will maintain workers' compensation insurance, as; required by Section 3700 of the Labor Code, for the performance of the work for which this permit is issued. My workers' compensation insurance carrier and policy number me: Carrier_ Policy# Exp.Date(This section needs to he completed if the permit is for one hundred dollars($ f 00) or less) 1 certify that in the performance of the work for which this permit is issued, I shall not employ any person in any manner so as to become subject to the workers' compensation laws of California and agree that if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with those provisions. ate Applicant WARNING FA URE TO SECURE WORKERS'COMPENSATION COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EWOLYER TI CRIMINAL PE1,ALTniS AND CtVU. FINES UP TO ONE HUNDRED THOUSDAND DOLLARS($ I00,00o) IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS FROMM FOR IN SECTION 3706 OF TOE LABOR CODE, WTF,REST, AND ATTORNEY'S FEES. CITY PF SAN JUAN CAPISTR^NO BUILDI.IG PERMIT FEES Receipt # Date: 7/12/2007 Cashier: