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06-0814_SADDLEBACK VALLEY CHRISTIAN SCHOOL_Grading Surety Agreement0 0 L)OFAWM 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, M 0 0 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 0 0 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 eff�� - L- �� - By: (Signee) bruce Harbin (Title) owner For Approved af to 7 0/4'a it By: 16n' �ha�v City Attorney City of San Juan Capistrano By: Sam Shoucair Senior Engineer 0 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 . � � 1 0 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 6 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 M 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 AIv . . ... .. 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 L';' ,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 I 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. Attachment cc: file N� m 0 1-3 Hour ;�c�,_t Poe C3 cd) E3 Restr(W Er ( E�dor,.m d� m C3 T't.I Po� 1'e C3 ---------- -ICE S V., a------------_------------- . a­lok Clerk -Recorders Office County of Orange P.O. Box 238 Santa Ana, California 92701 Re: Docurne SENT Thenoteddoc Quitclai Quitclar Quitcla ------- Wheriplaced Thank yov f� ------- - Deputy InCORNAVU) (STAILBA(D 1776 Cc: Brian Ige, Engineering Assistant Nasser Abbaszadeh, Engineering & Building Director MEMBERS OF THE CITY COUNCIL I SanJuan Capistrano,.- Preserving the Past to Enhance the Future SAM ALLEVATO DIANE BATHGATE VVYATT HART JOE SOTO DAVID M. SWERDLIN U&pja JW k - CEIPJ^ m Coverage provided) inIM"N" website at �.usps-cok; m 0 1-3 Hour ;�c�,_t Poe C3 cd) E3 Restr(W Er ( E�dor,.m d� m C3 T't.I Po� 1'e C3 ---------- -ICE S V., a------------_------------- . a­lok Clerk -Recorders Office County of Orange P.O. Box 238 Santa Ana, California 92701 Re: Docurne SENT Thenoteddoc Quitclai Quitclar Quitcla ------- Wheriplaced Thank yov f� ------- - Deputy InCORNAVU) (STAILBA(D 1776 Cc: Brian Ige, Engineering Assistant Nasser Abbaszadeh, Engineering & Building Director MEMBERS OF THE CITY COUNCIL I SanJuan Capistrano,.- Preserving the Past to Enhance the Future SAM ALLEVATO DIANE BATHGATE VVYATT HART JOE SOTO DAVID M. SWERDLIN n Ln C3 C3 0 1 C:3 11 r_1 rn rn C3 L3 r— -3� 0 �1300!3 �4bo" 7003 Santa Ana, California 92701 Re: Documents for Recording SENT VIA CERTIFIED MAIL The noted documents are enclosed for recording: 0 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 0 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) :m 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