02-1204_CASA DE AMMA, INC._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 Casa de Amma,
Incorporated, a California Corporation, referred to as "Developer".
WITNESSETH
WHEREAS, City will issue Grading Permit No. 46280 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 APN 666-231-01 Parcel 20 of Parcel Map 79-856, commonly
referred to as 27231 Calle Arroyo.
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 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. Developershall provide a Cashier's Check No.207912
drawn on Northern Trust Bank of California, NA, Newport Beach office, 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 $25,580 for that work described in Exhibit "A".
This security of$25,580 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 IID".
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 IIB", 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
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 December 4,
2002 at San Juan Capistrano, California.
Developer G3i¢Sf1 0e /- ""Z',aa;T e_ City of San Juan Capistrano
By: Russell E. Leatherby By: Daniel W. MJFar nd
President Building Official
Approved as to For
By: John Sh w
City Attorney
EXHIBIT "A"
Casa de Amma, Incorporated
27231 Calle Arroyo
Item 1: Construction of all on-site grading (cut, fill and slope stabilization) operations in
accordance with Grading Permit No. 46280 and the Developer's plans and
supporting documents as listed below:
(A) Grading Plan for Casa de Amma, Inc., dated November 21, 2002,
prepared by Adams-Streeter Civil Engineers, Inc., Randal L.Streeter, RCE
No. 25083.
(B) Geotechnical Report Casa de Amma, Inc.,dated July 2,2002, prepared by
Petra Geotechnical, Inc., Soumitra Guha, Ph.D RCE No. 58967.
Item 2: Construction of all on-site improvements in accordance with Grading Permit
No. 46280 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.
Item 3: Construction and placement of landscaping and irrigation in accordance with
approved plans for Casa de Amma, Inc. as included in the above plans.
EXHIBIT "B"
SCHEDULE FOR COMPLETION OF IMPROVEMENTS
Completion Date Task
January 2, 2003 Rough Grade Certification
September 10, 2003 Landscape Irrigation
September 20, 2003 Landscape Planting
EXHIBIT "C"
CONDITIONS FOR COMPLETION OF IMPROVEMENTS
A. The grading for this project shall be in strict conformance with the grading plans and
related documents as described in Exhibit "A" and Grading Permit No. 46280.
B. Grading operations shall commence within fourteen (14) calendar days after
issuance of Grading Permit No. 46280.
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.
C. 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.
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 later
than 15 days from date of suspension termination.
F. Developer shall provide approved on-site archaeological monitor during all phases
of grading and foundation excavation and submit a final archaeological report to the
City upon completion of the grading.
G. Installation of final erosion and sediment control devices, planting, landscaping and
irrigation, as required by City Council Resolution No. PC 02-09-24-1, Conditions of
Approval, shall be commenced within seven (7) calendar days after Rough Grade
Certification has been approved, or at any time at the discretion of the Building
Official.
Street trees and erosion and sediment control devices, planting, landscaping, if
applicable,shall be installed in accordance with City Council Resolution No. PC 02-
09-24-1, Item No. 1.
H. 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.
I. 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.
J. Contractor shall adhere to conditions of haul route permit and encroachment permit
issued by the City Engineer.
K. Parking for construction crew is to be on-site.
�NqA Plan Check Application No.
Permit No.
anum. 1161
1776
'�• CITY OF
SAN JUAN CAPISTRANO
MISCELLANEOUS RECEIPT
Project Name � lc a -
Project Address 7i72 �l/ C�GLe fti{tv/o
Applicant Phone
Address
Building Plan Check . . . . . . . . . . . . . . . . . . . . . . . . . . . $ (01-4411)
Grading Plan Check . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ (01-4413)
On-Site Plan Check . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ (01-4413)
Special Inspection/Re-Inspection . . . . . . . . . . . . . . . . . . $ (01-4412)
OCFA Plan Check . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ (19-2334)
Geotechnical/Soils Plan Review . . . . . . . . . . . . . . . . . . $ (014419)
( ) Copies @ 20¢/each . . . . . . . . . . . . . . . . . . . . . . $ (01-4521)
Other . .J*l . . $
TOTAL . . . . . . . . . . . . . . . . . . . $ 5,00 —
NOTE: APPLICATIONS FOR WHICH NO PERMIT IS ISSUED WITHIN 190 DAYS
FOLLOWING THE DATE OF APPLICATION/DEPOSIT SHALL EXPIRE BY
LIMITATION AND BECOME NULL AND VOID. UNIFORM BUILDING CODE
SECTION 304 (d)
Prepared By &"4z 4U4.4-/-zl�
Department of Engineering'& Building Date
Northern Trust Bank of California N.A. NB 207912 �-
Newport Beach Of lice
eo4znnzzz
Nordlern MT st
• Pay to the order of $
M
Authorized Signature
Cashier's Check T.oa "reQW.to c Bcks over E25.000.00
V20791211■+1:4,22242173A 11110 100,008,11,
•
BANK 4RECEI E
TRANSIT $CHECKS $CASH DA NAME DESCRIPTION BY
NO,
INVALID
099323
JwM SIGNATURE
v
'gym'
CITY OF SAN JUAN CAPISTRANO
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CALIFORNIA 92675
cczi�oz opal
MEMORANDUM August 30, 2005
TO: Meg Monahan, City Clerk
FROM: Nasser Abbaszadeh, Building and Engineering Director A .
SUBJECT: Grading Bond Release
This memorandum is authorization to release the grading bond posted for Casa de Amma,
located at 27231 Calle Arroyo. The grading for the project has been completed and the
bond can now be released.
A copy of the Cashier's Check in the amount of$25,580 is attached for your information. If
you have any questions, please contact me.
Attachment
cc: Admin Services
file
Contact information for the check:
Casa de Amma
Attn: Matt Kempton
27231 Calle Arroyo
San Juan Capistrano, CA 92675
949/496-9001
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 Casa de Amma,
Incorporated, a California Corporation, referred to as "Developer".WITNESSETH C opy
WHEREAS, City will issue Grading Permit No. 46280 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 APN 666-231-01 Parcel 20 of Parcel Map 79-856, commonly
referred to as 27231 Calle Arroyo.
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 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.
jVAkA Plan Check Application No.
Permit No.
1777676
I�111961
'�• CITY OF
SAN JUAN CAPISTRANO
MISCELLANEOUS RECEIPT COPY
Project Name � � Z -AIAI�
ProjectAddress X72 ;5�/
Applicant Phone
Address
Building Plan Check . . . . . . . . . . . . . . . . . . . . . . . . . . . $ (01-4411)
Grading Plan Check . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ (01-4413)
On-Site Plan Check . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ (01-4413)
Special Inspection/Re-Inspection . . . . . . . $ (014412)
OCFA Plan Check . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ (19-2334)
Geotechnical/Soils Plan Review . . . . . . . . . . . . . . . . . . $ (01-4419)
( ) Copies @ 200/each . . . . . . . . . . . . . . . . . . . . . . $ (014521)
Other . . f,-? . . - . .
TOTAL . . . . . . . . . . .. . . . . .. .. ---"
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 1117 3 /��OZ
Department of Engineering'& Building Date
Northern Trust Bank of California N i1 Ng
Newport Beach Office Z01
�� 2.
swzvnzaz
NorthernTi-ust
Pay to the.order of _ $
I
` rr
Cashier's Che trio onuu«trocwcwmrsxs,0000aarc
[,.D-
i
u
VI _ 'R
EC E
DESCRIPTION BY
BANK _ DA NAME
TRANSIT f CHECKS f CASH �.
NO. INVALID
099323 SIGNATURE
err
CITY OF SAN JUAN CAPISTRANO
32400 PASEO ADELANTO
N CAPISTRANO,CALIFORNIA 92675
���.!�� ccxnoxs prvel
V�
O