00-0908_MARBELLA COMMERCE CENTER_Surety AgreementSURETY AGREEMENT
THIS AGREEMENT is made by and between the CITY OF SAN JUAN CAPISTRANO, a
municipal corporation, hereinafter referred to as the "City" and Marbella Commerce Center,
a California Corporation, referred to as "Developer'.
WITNESSETH
WHEREAS, City will issue Grading Permit No. 42548 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 30900 Rancho Viejo Rd., commonly referred to as San Juan
Capistrano Office Building.
WHEREAS, San Juan Capistrano Municipal Code Section 8-3.05 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.
WHEREAS, San Juan Capistrano Municipal Code Section 8-3.06 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. Developer shall provide a Certificate of Deposit
Account Number 0301046960 subject to the approval of the City's City Attorney, to secure
Developer's improvement obligations required under this agreement.
The amount of the bond shall be $5,000 for that work described in Exhibit "A". This
security of $5,000 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 -control measures within the time required, 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 8-3.06
allows the City to require bonding as security to ensure against adverse aesthetic impacts
arising from uncompleted grading and/or improvements. The purpose of this bonding shall
be to restore the property to its original condition if the Developer defaults. This restoration
shall include:
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 control, including hydroseeding, to the satisfaction of
the Building Official.
6. Attorney's Fees. Developer agrees to pay City such sum as the court may
adjudge 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
0 0
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
September 8, 2000 at San Juan Capistrano, California.
Developer City of San Juan Capistrano
Paul J. Tobertv
2 -By: Daniel W. Mc arl nd
Development Services Manager
By: (Si (ee)
(Title) &I Q.G. adiL„
Approved
By: John
City i
EXHIBIT "A"
San Juan Capistrano Office Building
Item 1: Construction of all on-site grading (cut, fill and slope stabilization) operations in
accordance with Grading Permit No. 42548 and the Developer's plans and
supporting documents as listed below:
(A) Grading Plan for (Project Name) San Juan Capistrano Office Building,
dated September 7, 2000, prepared by (Firm) The Keith Company,
(Engineer) Kevin McDonald, RCE No. 54372.
(B) Geotechnical Report for (Project Name) San Juan Capistrano Office
Building, dated June 12, 2000, prepared by (Firm), Leighton and
Associates, (Engineer) Djan Chandra No. RGE 2376.
Item 2: Construction of all on-site improvements in accordance with Grading Permit
No. 42548 and Developer's grading plans referenced in Item 1 above, including,
but not limited to: driveways, parking areas, retaining walls, terrace drains, down
drains, subdrains, area drainage systems, and private storm drain systems not
a part of Developer's Improvement Plans filed with the City Engineer.
0
EXHIBIT "B"
SCHEDULE FOR COMPLETION OF IMPROVEMENTS
Completion Date
November 15, 2000
July 15, 2001
Task
Rough Grade Certification
Landscape Irrigation
August 31, 2001 Landscape Planting
0
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. 42548.
B. Grading operations shall commence within fourteen (14) calendar days after
issuance of Grading Permit No. 42548.
Winter grading will be conducted in strict accordance with the dynamic erosion -
control plan submitted by the Developer, and approved by the City. This erosion -
control plan reflects erosion 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 -control plans reflecting current conditions
of grading shall be submitted within ten (10) days of cessation of work. These plans
shall include erosion -control planting as required by the City.
C. 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
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.
F. Installation of interim erosion -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 -control landscaping and irrigation systems shall be installed prior to
final inspection of the grading permit.
G. All work shall be performed in strict observation of the Hours of Operation in
accordance with San Juan Capistrano Municipal Code Section 8-107.
H. Contractor shall adhere to conditions of haul route permit and encroachment permit
issued by the City Engineer.
I. Parking for construction crew is to be on-site.
0
Co
�
c
�
�
0
I
k
U
�
�
§
§m
CL
CD
§�k/
wo
c
a
®§!k
§§,
k
EN
D
e §
{{Vo{&|a
0
Eo
)co
C
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493.1053 FAX
www. sanJuancapistrano. oTg
July 16, 2009
Paul J. Toberty
Marbella Commerce Center
30900 Rancho Viejo Road.
San Juan Capistrano, CA 92675
dean �
�j umuumr
• DTuusIn li 1961
1776
RE: Release of Surety — Certificate of Deposit
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
LAURA FREESE
THOMAS W. HRIBAR
MARK NIELSEN
DR. LONDRES USO
The City of San Juan Capistrano hereby fully and forever releases and discharges the
following Certificate of Deposit receipt that was placed as surety:
By: Paul J. Toberty
Certificate of Deposit Receipt: Account No. 0301046960
Amount: $5,000.00
Project Address: 30900 Rancho Viejo Road
The original — released — Certificate of Deposit Receipt is enclosed
questionsA please do not hesitate to call me at (949) 443-6309.
Releasedto
/and Accepted by:
Date: [ - 6
If you have any
San Juan Capistrano: Preserving the Past to Enhance the Future
�, Printed on 100% recyGeE paper
0.
�
Nczr
T --f
k
■
{
X7779
a!
;..E
,&,
c
--■�
d
�a�
)2
;@
■
0
z-}k{k
3(
§§
2
!a
ee
:il=;f
{{�§)*72
|!�
222
X7779
a!
;..E
,&,
--■�
§7l,s
�a�
;@
■
■g
3(
fa,I1�
ee
:il=;f
|!�
222
.§§
§z
`
��(/
|!y!r!
§LD
is 2
3'
2
41
( C3
00
i2\�n
en
z
.9
)
!�
r�§
0 «
ffo)£ta
LLI
16
16
/��k£§2�
b
®®��k2
$
#a$S&
- ! §
OE i
|�
®
CL
w�
!009116
;,%!\2
!$fl7�zz2
E§|Eaik&k
Jun 24 09 02AIP 00 9492180575 p.1
•- •
IBS HOLDING CORP.
FACSIMILE TRANSMITTAL SHEET
'I U; FKoht:
Deena Berens Brian lfadsen
cold Nlw
DA 11;.
City of SanJuan Capistrano
6/24/09
FAX N UVS7 R'.
TOTAL NO. OF PAC". .
949-661-5451
11 1.11/AY4 0,7�—
a
❑ URGJ:N'r ❑ roit arvit.-w ❑ nLr, .r CONCNIFN'r ❑ rt.i•:ASr
Norr:y %confruvNTS:
Deena,
We are looking to get the "Hold" removed on some funds related to the completion of
improvements.
The project is: h1arbella Commerce Center, 30900-30950 Rancho Viejo Road, San Juan
Capistrano, CA 92675. A
7,V
d
1/X /N\
Attached is the paperwork that our bank sent over to us today.
C+"
If you have any questions, please contact m
------------
r�• f
MEMORANDUM
TO: Meg Monahan, City Clerk
FROM: Nasser Abbaszadeh, Public Works Director /Y.A.
SUBJECT: Grading Bond Release, 30900-30950 Rancho Viejo Rd.
Marbella Commerce Center Permit # 42548
July 14, 2009
This memorandum is authorization to release the grading bond posted for the above
reference address. The grading for the project has been completed sufficiently to warrant
the release of the bond.
A Sunwest Bank Certificate of Deposit Account #14653, in the amount of $5,000.00 was
posted as security for the bond. A copy of the Surety Agreement and CD is attached for
your information. If you have any questions, please contact me.
Attachment
cc: file
Jun 24 09 02:45p 00
--.. ..�.... .,a •m rav ruua DUNMIYA'BANK
IO®
9492180575 p.11
Qoovoot
YYd DS�ZO o0oZ 7a 676'D
THIS AGREEMENT is made by and between the CITY OF SAN NAN CAPIST"NO, a
municipal corporation, hereinafter referred to as the "City" mud AJi91"t::Apr_ G[-Ja
a t_lt F &P R Q (General Partnership, Limited Partnership, Cahfpty'a
Comoration, etc) referred to as 'Developer".
WPTNESSETH
WHEREAS, City will issue Grading Permit No. 41549_ and. t
Ja,=—to Developer to construct certain designated improvements more particularly
described in Exhibit "A" attached and incorporated herein by reference, which said impro--mens
constitute a porion of thac rel p at dte locedoa of
commonlyh
referred to as/ ,UM CWI!P %�'-1G,es
WHEREAS, San Juan Capistrmo Municipal Code Section 8-3.05 requires the posting of
financial security to secure the faithful performance and labor and materials for the grading and
installation of improvements connected wtthissuance of grading permits:
WHEREAS, San Joan Capistrano Municipal Code Section 8-3.06 authorizes the Building
Ol$oW to require additional bonding as security to ensure against adverse aesthetic impacts arising
from incomplete grading and/or improvements from development projects which have act been
completed.
WHEREAS, the Building OffeuJ bads that the proposed project site is bighly prominent and
visible to the community, has unique topographic features or involves substantial grading of slope
are".
NOW, TEMKEFORE, in consideration of the prmiisw and promises hereinafter contained,
City and Developer agree as follows:
1. Dszdpees tom,,..,, n, ..,e Ob ' 'nn. Developer shell, at its sole cost and expense,
provide and 5unish all labor, materials and equipment for the installation: ofitnprovemeats set forth
in Exhibit "A". The grading permit and plans, which ftnther defmcs; the improvemeats in Exhibit "A",
are on file in the chine of the City's Building Oflidal, and all dowtomts referenced in Exhibit "A" arc
incorporated herein by reference.
zorm rvd os:Zo 000z/ao;so
Jun 24 09 02:41p 00 9492180575 p.2
aunnssse YANK Idj002/011
08 24/2009 WED�12: E0 FA; 71I 9*177 SUNWEST HANK ANAHRIM 4D002
DATE 9Z"O
AMOUNTS 5,000.00
IIIIM/SPECIAL INSTRUCTIONS
ACCOUNTNUMBER
ACCOUNT NAME
REASON EXPIRATION DATE
COD 14653
PAUL TDEL'RS
FOR CITS OF SAN JIIAA CAPISTRANO
DPJ Ism)
/ l 1
PREPAIIEO BY
EE
APPIgVE
E REDS
OAE
%� .. �._ QO
'n
AUDITED own
4
R
LE Al
TE
Jun 24 09 02:41p 00 ' a 9492575
nunnG'1' BANK
OBl26/200a 1PEA 12:23 BAI71a�9 k77 SURMT BANK ANAMIN
EXHIBIT "C"
CONDIITONS FOR COMPLETYON OF VAPItom LENTS
P.3
Id1004/011
%Due
CAD The grading for this pmjea shall be io strict conformacre with the grading pleas and related
doeumeads sit desmbed in Ea�ultit "A" and Chading Permit No. 4Z54FS
Grading operations shall commence within fourteen (14) calendar days after issuance of
GrtulmgPermitNo. q -25y
'[ranter grading wilt be conducted in strict accordance with the dynamic erosioa-wntsol pian
submitted by the Developer, and approved by the City This erosion -control plan reflects
erosion nit Bhou measures for a wWcd grading conditions as the work progresses thmugh
the winter season and shall not be amaaded except v.*h the permission of the City.
In the went Developer docs not wish to implement winter gtadtog,: or permission for annter
grading is rescinded, static erosion control plans re9ocdng current conditions of grading shall
be submitted within ten (10) days of cessation of work. These plans Mall include erosioa-
control planting as required by the City.
o�tatrelE3e approved by the Ciry prior to the issuance of
any gad' miC or this project. Any variation or deviation in thi: sequence of operations
e recoounc Tided, in writing, by the supervising civil and soils engineers and approved
I o erforming any work related to the variation or deviation.
ept as tied I1r1 cin �" below, suspension in excess of rwenty (20) worldog days
work authorized b Permit No. 8IId 5,.. ^- r .
Y Gradine tiifdung"PFriatt
rung eros. -control measures and landscaping and irrigation,
shall constitute default of this agreement.
E. ) The supervising civil enginur and soils engineer shall file biweekly progress reports of all
�—� grading operations with the Building Oficial. An interim compaction report, for that work
completed at the time work is suspended for the rainy season (see item m * below), shall
be Mcd with the Building Official. This iatedm report sbaA conform to the grading code
ra"irements for final compaction reports.
Jun 24 09 0242p 00 9492180575 p.4
v, uvvy JUNWHbl' BANK • 9005/011
08/24/2004 FED�12:28 FAX 714' 991.77 SONWEST DANK ANAMIN ®001
P� Contractor shalt control dust to the satidaetion of the Building Official or bis dcptrty. During
grading, Contractor shall keep coater truck on site and dampen work area, grounds, and
loaded trucks
it Cording operatinDs suspends' during the rainy season shalt be resumed no Later than 15 days
from date of suspension
vatt�Rite archaeological monitor during all pbasea of grading
as undation excavation and submit. a final archaeological report to the City upon
comp Enna o rbc gtadiag.
I. --- Uprelo oved Native American monitor during all phases of grading
scion excavation and submit a final Native American report to the City upon
completion of the grading.
r 5 piroved Paleontologist to monitor all phases of gmding and
,PvcMMKfioa excavation and Submit a final Paleannlogiul report to the City upon completion
K. — :,;I-- &- is substantial eotrtaamanoe to the grading concepts of
e ract Map No. as approved by City Council Resolution
Na. sad in strict coafortmawe with the grading plans and related
ocuments as described in Exhibit "A" and Grading Permit No.
L. wg plan ll ell be xibmined for review by the Depanmeat of
ter than . Said plan must be approved prior to
^•it.tran permits for any struetores within the boundaries of this project.
M. ia.tallation of final eznsi landscaping and irrigation, as required by City Council
Resohrtion Coesdicom of Approval sba12 be commenced
seven (� cak'adar days ager Rough Grade Certification has been approved or at any
um, at a discretion of the Building Official.
Street trees and erosion-contrd landscaping shag b. -;sidled in accordance with City Council
J ,�, JResolution No. . Item No.
"' TnstaUatioo of interim arosionaoniml devices and systems sball cothtnenca within seven (7)
days after rough grade certification has bum approved by the Building Official and must be
4om rea D9:Zo o00z/80/00
Jun 24 09 02:42p 00 9492180575 p.5
eva4 AUfVVVbY' BANK Cj4606/011
4/
O6/2Z04e WED 12:24 PAS -714'9 177 SUNWEST BANK ANAHEIM X007
completed within fifteen (4S) days of rough Bade certificatibn. Final emsion-control
landscaping and irrigation systema shall be instilled prior to final inspection of the grading
permit.
Ct� All work shall be performed in strict observation of the Hours of operation in acccrdabee
with Sam Juan Capistrano Municipal Code Section g-107.
u r preservation shall be protected in place in accordance
r Exbrbit of the Compteheasivc Development Plan and City Council
Reso utlon No.
Contractor sball adhere to conditions of burl route permit and encroachment permit issued
by the City Engineer.
�5 Pazlung for construction crew is to be on-site.
Wm access from
No heavy a be permitted on Ortega f�irgbway. Developer shall provide
fic control measures as required for safe vehicular movement and shall secure an
encroacbtuent
or;
permit from the Engineating Department prior to issuance of the
Jun 24 09 02:43p 00 9492180575
OUNWO b'1HANK
V--
7—
--
MoD Landscape Planting
p.6
16007/011
O9ZZ0 OODZ/80'80
Y0 ® IM 04:20 DOOZ/80/00
Jun 24 09 02:43p 00 9492180575 p.7
auNrubi iSANK 0008/011
0__--_
Item 1: truction of all on --site grading (cuS SII and slope stabilization) operations in
accordance with t3rading Permit No. Z-4 Q� and $ie Developer's plane and
supporting documents w listed below: a C: }y
(A) Grading Plea for (Project Name) EL06- dated
�&t%— �p�re�pf¢te`dJby (Flm) ,/j i yyy� Vii' c*flf
Ute) TAY' /� %l d� �rLJ' l , _RCF No. _ 0 /� I
(B) Geotechnical Report for (Project Name) G dated
657—11- prepared by (Firm).
(Engineer) aJA&J 4-4146041--A No.
Item 2: ction of all oa-site improvements in accordance with Grading permit
No. 42' sad Developer's grading plant teferbaced in Item i above,
including, but not limited to: driveways, parking aroas, retaining was, terrace drains,
down drains, subdraias, area dranage systems, and privare storm drain systems not a part
of Developer's Gaprovemeat Plans fled with the City Engineer.
Item 3:
plana for (Project Name)
(Architea)
Item a: Construction and
Item 5:
with Building Permit No.
in accordance with approved
as included in tote above•.
consisting of
dated
so® Yt'd as:zo 0a0Z/90/60
009 WED 12:2209490575 p.8
T`_ •'M •++oaa hUNttBSl' BANK f�008/011
Jun 24 09 02:43
FAS 71 J fl177 SUNWEST BANK ANAAEIE 005
7. JE)evelooer's s in t fe -^ndKion Developer Shall perforro all work in a safe
workmanlike manner and shall take such precautions as may be necessary Yo ware and protect the
public from any dangerous condition caused by the construction of said improvements.
8. Labi . DrMoper da bold City, its officers, sad employees harmless from any and
al) claims, demands, causes of xtion, liabaLry or loss ofarry sort because of, or arising out K the acts
or omissions of Developer, Lis contractor, subcontractors, agents or employees in the performance
of this agreement
e Jn witness whereof; the parties have executed this agreement as of
t RST_ i99 at San Juan Capistrano, California.
Zv=l
s. .
v
Approved as to Form:
B_v: Richard K Dwhalter
City Attorney
too
City of San Juan Capistrano
By: Daniel W. McFarland
Building Official
zva os zo 000z/60/e0
Jun 24 09 02:44p 00
bb" Or1'I4
06/24/2009 WED 12:21 FAX 714 935N bV •SDNrESr DARK ANAEIFIY
4. SanwestBank
2400 E0.4T i TE sun 100
ANANCIM CA99606
Frn :(194)90949.11
FM (714) NS -9177
9480575 p.9
%010/011
004
ow:
reg"
O urgent For Nevtew Q plexso Cow owa a pke Reply A
• Commenfslr� e � � \J
31901rct tome 6pprovu or we utys t.sty Aricmey, to teOAM lrcvuopwA tmproremeot obligation.
required under this agreemeot.
The amount of the bond shall be SP—x EilE)CD for that work desmbed in
Exhibit "A". This security of S—Z shill R60 set 22 >m:7ity for ftnomticn
ofthe sic A copy of the surety fnmruvv nt, 33 approved by the City Atrnrney, is sip I d of Exhibit
I.D"
Dfym^ro�eebl. To emuro Tile Ptotect(w of the publiC rafety, halth
Sud welfw" Developer Shan CDWLva the IMMVe9aeota dexdhed in Exhibit "A" is accordance with
the schedule 43 set forth in Exhibit -jr, end the conditions as sa fo97h in Exhibit "C °.
Jun 24 09 02:44p 00 9492180575 p.10
4. DeveI 'the event ISevdaper woes sot complete tTic requoc�--
®provemcra% kduding arosion-control measures within the time required; or Aandom the project
n4, or suspends work far more than twenty wanking days other tbab previously prescribed, City shell
have the rigor to immediately declare a default and to make demand on the surety for performance_
toe
S. Reaterat7on of Cite, San luau Capiahano Municipal Code Section S-3.06 allows the
City to require bonding as secority to enture against adverse aesthe is impacts ansmg from
uncompleted gradmg ond/ar improveeneem The purpose of this banding sball be to restore the
property to its original condition if the Developer defaulet. This restoration sban include_
A. Dismantle andlor demolish improvements;
B. Grade property to ks original contours as shown on the grading plan refuted
to is Sxmbit sA'; . .
G Remove all debris and construction materials from the site; and
D. Inamll erosim control, inclvda ll hydromedma to the suis4mon of the
Building Official.
6, ngMc;�• Fps Developer agrees to pay City such sum as the court may adjudge as
reasonable lot the legal services of as attorney representing ebe City in an acdoo brought to enforce
or interpret the obligations of this agreement, sod such sore shall be made a para of say judgment m
such anion against Developer if sued action is determined in rumor of said City.
Lv3 05:90 0001/00/60
rvo. K� � ane Varmopers grouses Posw relarcaeco m tam 1 above,
including, but not limited to: driveway; pwk* areas, nctakdog walh, terrace drakm
down drains, mbdrams, area drainage system% and private stares main systema not a pat
of Developces Troprove mont Plans filed with the City Engineer.
item 3: Conar,' e with Building Permit No,
e ' gptms for(preject Name)
mtl (Archie=)
item n; Conaaucdon and placement of loads io and irrigation in aceordeacc with approved
..._......
e as inaNdeetm=theabove---- - ..
Item 5:
(Firm)
coosisdoig of
. dated
anent Yvd 011=zo OoOz/00/60