04-0923_MCCRAKEN HILL R&G MAINTENANCE CORP_Surety Agreement0
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 McCracken Hill R&G
Maintenance Corporation, a California Corporation, referred to as "Developer".
WITNESSETH
WHEREAS, City will issue Grading Permit No. 48584 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 McCraken Hill Community, Valle Road/Forster Road, commonly
referred to as Valle 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 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.
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2. Developer's Security. Developer shall provide a Corporation Check drawn on
Wells Fargo Bank Account #5306155481 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 $34,694.75 for that work described in Exhibit "A".
This security of $34,694.75 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
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
20 4�� at San Juan Capistrano, California.
Developer
B : Ted owers
McCraken Hill Homeowner's Assoc.
Approved as to Form:
By: John h
City Attorney
City of San Juan Capistrano
By: D el . Mc arlan
-WVPBuilding Official
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EXHIBIT "A"
McCraken Hill Community
Valle Road/Forster Road Repair
Item 1: Construction of all on-site grading (cut, fill and slope stabilization) operations in
accordance with Grading Permit No. 48584 and the Developer's plans and
supporting documents as listed below:
(A) Grading Plan for Valle Road/Forster Road Repair dated September 3,
2004, prepared by (Firm) Urbantec, (Engineer) Mohammed Ali Ghiassi,
RCE No. 36479.
(B) Geotechnical Report for Valle Road/Forster Road Repair, dated June 30,
2004, prepared by (Firm), P.A and Associates, (Engineer) Parviz A. Azar
RCE No. 037818.
Item 2: Construction of all on-site improvements in accordance with Grading Permit
No. 48584 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"
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SCHEDULE FOR COMPLETION OF IMPROVEMENTS
Completion Date Task
March 2005 Rough Grade Certification
March 2005 Landscape Irrigation
March 2005 Landscape Planting
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EXHIBIT "C"
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CONDITIONS FOR COMPLETION OF IMPROVEMENTS
1. 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. 48584.
2. Grading operations shall commence within fourteen (14) calendar days after
issuance of Grading Permit No. 48584.
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. , 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.
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
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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.
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. 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.
8. Contractor shall adhere to conditions of haul route permit and encroachment permit
issued by the City Engineer.
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Plan Check Application No.
Permit No. 4-46694
CITY OF
SAN JUAN CAPISTRANO
MISCELLANEOUS RECEIPT
Project Name
hW
Project Addressor
Applicant / �� �r • Phone
Address 3355 1yAg;� R,00(
Building Plan Check ......................................................
Grading Plan Check ......................................................
On -Site Plan Check ......................................................
Special Inspection/Re-Inspection..................................
Geotechnical/Soils Plan Review ....................................
( )
Copies @ 0.20/ each ........................................
Other....4L��r�, ..G��7•�J�
TOTAL.......................................
$
(01-4411)
$
(01-4413)
$
(01-4413)
$
(01-4412)
$
(01-4419)
$
(01-4521)
$ 34� CPJ4. 75 (1-f X 02
$ 3�6 &,,f4. 75
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 (if
Department of Engineenn &Building ate
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City of San Juan Capistrano
CHECK REQUEST
Administrative Services Department
�o /471/�.
Address Check to: Name: McCracken Hill R&G Maintenance Corp.
Address: 33512 Valle Rd.
San Juan Capistrano, CA 92675
Check Amount Requested
Invoice No. Invoice Date Amount Account No.:
48584 10/1/04 34,694.75 19-2302
CHECK TOTAL: $ $34,694.75
Grading bond release for Valle Road/McCracken Hill
Check stub to contain the following: Road Repair permit 48584
Check Requested By: Employee:
Department
Department Approval:
deVries
Transmittal Instructions: ❑ Return Check To:
❑ Mail With Attached:
❑ Other (Specify):
For Administrative Services Use Only
Vendor Number:
Warrant Number:
Approved:
Date: March 18, 2005
Date:
���
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 McCracken Hill R&G
Maintenance Corporation, a California Corporation, referred to as "Developer".
WITNESSETH
WHEREAS, City will issue Grading Permit No. 48584 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 McCraken Hill Community, Valle Road/Forster Road commonly
referred to as Valle Road. C 0 MM
WHEREAS, San Juan Capistrano Municipal Codes Section 8-2.08 requires the u
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. Developers 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. Developer shall provide a Corporation Check drawn on
Wells Fargo Bank Account #5306155481 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 $34,694.75 for that work described in Exhibit "A".
This security of $34,694.75 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 UP
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 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 cons cti od.
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
,��6Jx�Gr' 20 Dom- at San Juan Capistrano, California.
Developer City of San Juan Capistrano
B : Ted owers By: D el . Mc arlan
McCraken Hill Homeowner's Assoc. Building Official
Approved as to Form:
By: John h
City Attorney
MEMORANDUM Date: 1�1a— oS
TO: Sam Shoucair, Senior Engineer, Engineering & Building
Brian Ige, Engineering Assistant
Tony Foster, Engineering Assistant/Trail Coordinator
James Prather, Construction Inspector ,
Building & Grading Inspector - K,rYr7 157- >
FROM: Genny deVries, Administrative Secretary
Engineering and Building
SUBJECT: Grading Bond - Release / Reduction
!7
Please complete the bond release/reduction section below and return to me by 1—'4W DS
A copy of the grading permit is attached for your reference.
Project Name: /f17i2(ZVAZCe AW
Location: kl-GZ4iLG rLd
Tract No. Developer. M AI R ->,a
Bond No. Date Posted 9/2-5/454 Bond Amount $3s�, X94. 75
Scope of work and construction to be completed for bonding purposes
Comments, notes, t
In
BOND RELEASE STATUS
Release the bond in total z2L .4e�- Aa A&a CLw 4Z-
2. Reduce the bond as requested
3. Do Not release the bond _
4. Post a supplemental bond of $
5. Other Comments
M
and release the original bond.
Dept. Date 3/15/o5