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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