06-0814_SADDLEBACK VALLEY CHRISTIAN SCHOOL_Grading Surety Agreement0
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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
Saddleback Valley Christian Sc ola non-profit religious corporation (General
Partnership, Limited Partnership, California Corporation, etc.) referred to as "Developer'.
WITNESSETH
WHEREAS, City will issue a Grading Permit to Developer to construct certain
designated improvements which constitute a portion of that real property at the location of
26333 Oso Road I commonly referred to as
Saddleback Valley Ehristian School
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:
I . 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,
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2. Developer's S(icurit . Developer shall provide a cash deposit or a bond by a
duly authorized corporate surety, subject to the approval as to form 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 $ 2,250.00 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
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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. Liabilit . 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
Alasr /41 12000 at San Juan Capistrano, California.
Developer. Saddleback Valley
'IE4Tistian 11cool
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By: (Signee) bruce Harbin
(Title) owner
For
Approved af to 7
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By: 16n' �ha�v
City Attorney
City of San Juan Capistrano
By: Sam Shoucair
Senior Engineer
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EXHIBIT "B"
SCHEDULE FOR COMPLETION OF IMPROVEMENTS
Completion Date
9/30/06
2/30/06
2/30/06
Task
Rough Grade Certification
Landscape Irrigation
Landscape Planting
EXHIBIT "C"
CONDITIONS FOR COMPLETION OF IMPROVEMENTS
The grading forthis project shall be in strict conformance with the approved grading
plans as well as the San Juan Capistrano Municipal Code.
2. Grading operations shall commence within fourteen (14) calendar days after
issuance of a grading permit.
Winter grading will be conducted in strict accordance wit' '�e dynamic erosion and
silt control plan submitted by the Developer, and approveo 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. Except as specified in item " " below, suspension in excess of twenty (20)
working days of work authorized by the 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
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filed with the Building Official. This interim report shall conform to the grading code
requirements for final compaction reports.
5. Contractorshall 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
grade certification. Final erosion and sediment control 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.
City of S*Juan Capistrano Geipt No. 118210
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32400 Paseo Adelanto
San Juan Capistrano, CA 92675
-1171 fax (949) 493-1053
(949)493
41
--- GASH-RECEqPT----
- Customer
Name SADDLEBACK VALLEY CHRISTIAN
Date
city I � Rec. BY:
Phone
08/14/06
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Payment uetaiis
Cash
Check $2,250.00
Credit Card
TOTAL $2,250.00
Customer Copy
San Juan Capistrano:
Preserving the Past to Enhance the Future
Description Unit Price
TOTAL
cal�M $2,250.00
$2,250.00
$0.00
$0.00
$0.00
$0.00
TOTAL
Payment uetaiis
Cash
Check $2,250.00
Credit Card
TOTAL $2,250.00
Customer Copy
San Juan Capistrano:
Preserving the Past to Enhance the Future
CITY 0 SAN JUAN CAPISTRANgR
BUILDING PERMIT FEES
Date., 13 '05
Permit No. U
Mecxm
--vtoin
Svc
Phone/E-Mail Sprung Grading Bond
Job Location: 25333 USO Road
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Buildinq Permit
Mechanical
$0.00
Plumbing
$0.00
Electrical
$0.00
Mobile Home Permit
$0.00
Grading Permit Fee
Grading Plan Check
On -Site Residential Permit
On -Site Residential Plan Check
Subtotal
$0.00
Bond Processing
.......... . . . . .
............ Building Plan Check
INAdditional Plan Check
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,fflDigital Record Fee ($1.00 per sheet)
C & D Administrative Fee
Special Inspection -Reinspection
On -Site Commercia(/Tract Permit Fee
On -Site Commercial[Tract Plan Check Fep
Geotechnical Soils Plan Review
Ordinance 211
Ordinance 364
Copies Each
@ .20
SMIP Fee
H.O.P.E. Fee (Housing in Lieu)
M Other F ee Cash Surety Bond
$2,250.00
IX Other Fee
I (;A l' Uate f<eceived
-ees
A A al Date Received
TV
-Date
.............. ... - ch ol ee� ived
'52 0� Race-
. .. .1. 1 1 ...........
. . . . . . . . . . . . . . I:nqineering Fees Mate Received
Water Division Fees Date Received
M., Title 24 Energy Provision (20% Permit Subtotal & Bldg Plan Check))
Title 24 ADA Fee (10% Permit Subtotal & Bldg Plan Check)
NPDES Permit Fee (10% Permit Subtotal)
$0.00
Refundable Bond/Deposit Posted by Owner Contractor Type
. .. .. ......
'?, Refundable Bond/Deposit Posted by Owner Contractor _Type
omqwo,
....... ..
Receipt# Uzdt-) Date:.T I M 16 b Cashier:
MEMORANDUM August 14, 2006
TO: Meg Monahan, City Clerk
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FROM: Deena Beren mit Technician
SUBJECT: Cash Grading Bond , SVCS Sprung Grading
Please find attached for your records, the original Grading Surety Agreement and a copy of
the cash receipt in the amount of $2,250.00 for the placement of bond for the purpose of
grading for the Sprung structure for Saddleback Valley Christian School, located at 26333
Oso Road.
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Cc: Brian Ige, Engineering Assistant
Nasser Abbaszadeh, Engineering & Building Director
MEMBERS OF THE CITY COUNCIL
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SanJuan Capistrano,.- Preserving the Past to Enhance the Future
SAM ALLEVATO
DIANE BATHGATE
VVYATT HART
JOE SOTO
DAVID M. SWERDLIN
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Cc: Brian Ige, Engineering Assistant
Nasser Abbaszadeh, Engineering & Building Director
MEMBERS OF THE CITY COUNCIL
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SanJuan Capistrano,.- Preserving the Past to Enhance the Future
SAM ALLEVATO
DIANE BATHGATE
VVYATT HART
JOE SOTO
DAVID M. SWERDLIN
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Re: Documents for Recording
SENT VIA CERTIFIED MAIL
The noted documents are enclosed for recording:
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MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
DIANE BATHGATE
MATT HART
JOE SOTO
DAVID M. SWEROLIN
Quitclaim Deed —Equestrian easement Quitclaim Deed (Gottran)
The noted document is enclosed for recording. The corrections have been made as
requested, 1) All parties are identified.
When placed of record, please return the recorded documents to this office.
assistance.
Clerk
Cc: Man lge, Engineering Assistant
Nasser Abbaszadeh, Engineering & Building Director
San Juan Capistrano.- Preserving the Past to Enhance the Future
Cj Printed on IUD% Recycled Paper
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3240Q PASEO ADEILANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 pAx
www.sanjuancapistrano.org
July 12, 2006
Clerk -Recorders Office
County of Orange
P.O. Box 238
Santa Ana, California 92701
Re: Documents for Recordina
SENT VIA CERTIFIED MAIL
info RPOR RIED
EST41LISH 10
1776
The noted documents are enclosed for recording:
Quitclaim Deed — Equestrian Eas ent
t
Quitclaim Deed — Equestrian Eas m =Reiss)
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Quitclaim Deed — Equestrian Easemen
Quitclaim Deed — Equestrian Easement (1V&§Fc-h)
MEMBERS OF THE CITf COUNCIL
When placed of record
A , please return the recorded documents to this office.
Thank
Deputy
Cc: Brian Ige, Engineering Assistant
Nasser Abbaszadeh, Engineering & Building Director
San Juan Capistrano: Preserving the Past to Enhance the Future
0 Printed on 100% Recycled Paper
SAM ALLEVATO
DIANE BATHGATE
ViYATT HART
JOE SOTO
DAVID M. SWERDLIN
MEMORANDUM February 11, 2008
TO: Accounts Payable, Admin Services
FROM: Nasser Abbaszadeh, Engineering and Building Director // , ),�-
SUBJECT: Grading Cash Bond Release, Saddleback Valley Christian School
(Sprung Structure) - 26333 Oso Rd
This memorandum is to authorize the release of the cash bond posted in the amount of
$2,250.00 for the grading (sprung structure) on 26333 Oso Rd. The grading has been
completed to the satisfaction of the City.
A copyof the SuretyAgreement and the receipt No. 118210 dated 8/14/2006 is attached for
your information. Thanks for your assistance.
Attachment
CC: File
Contact information:
Saddleback Valley Christian School
26333 Oso Rd
SJC, CA 92675
Bruce Harbin
949-443-4050