03-0619_CANCELLIERI, LAWRENCE & JENNIFER_Surety Agreement14
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 Lawrence and Jennifer
Cancellieri, an Owner/Builder referred to as "Developer".
WITNESSETH
WHEREAS, City will issue Grading Permit No. 46542 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 Tract 10593 Lot 7, commonly referred to as 31601 Peppertree
Bend.
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.
0 0
2. Developer's Security. Developer shall provide a Personal Check #1579
drawn on Pacific Mercantile Bank 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 $16,430 for that work described in Exhibit "A".
This security of $16,430 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. Developershall 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
/9 , 20,x3 at San Juan Capistrano, California.
Dev toper
4
Y: Lawrence or Jennifer Cancellieri
Owner/Builder
Approved as Form:
By: Joh Shaw
City Attorney
City of San Juan C pistrano
By: Daniel W. Mcliarland
Building Official
EXHIBIT "A"
31601 Peppertree Bend
Tract 10593 Lot 7
Item 1: Construction of all on-site grading (cut, fill and slope stabilization) operations in
accordance with Grading Permit No. 46542 and the Developer's plans and
supporting documents as listed below:
(A) Grading Plan for 31601 Peppertree Bend, dated February 5, 2003,
prepared by Toal Engineering, Inc., Raymond R. Toal, RCE No. 16889.
(B) Geotechnical Report for 31601 Peppertree Bend, dated October 25, 2002,
prepared by Petra Geotechnical, Inc., David Hansen RCE No. 56591.
Item 2: Construction of all on-site improvements in accordance with Grading Permit
No. 46542 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.
0
EXHIBIT "B"
0
SCHEDULE FOR COMPLETION OF IMPROVEMENTS
Completion Date
April 2003
February 2004
Task
Rough Grade Certification
Landscape Irrigation
February 2004 Landscape Planting
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. 46542.
B. Grading operations shall commence within fourteen (14) calendar days after
issuance of Grading Permit No. 46542.
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.
C. 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.
D. The supervising civil engineerand soils engineershall 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.
E. 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.
F. Grading operations suspended during the rainy season shall be resumed no later
than 15 days from date of suspension termination.
G. 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.
H. 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.
Contractor shall adhere to conditions of haul route permit and encroachment permit
issued by the City Engineer.
J. Parking for construction crew is to be on-site.
E
Cl
0
Plan Check Application No.
Permit No. `7�. 2 -
CITY OF
SAN JUAN CAPISTRANO
MISCELLANEOUS RECEIPT
Project Name
Project Address 3/6PC�' /
Applicant
Address
Phone
Building Plan Check ........................... $
Grading Plan Check ............................
On -Site Plan Check ............................
Special Inspection/Re-Inspection ....... :.......... $
OCFA Plan Check ............................. $
Geotechnical/Soils Plan Review .................. $
( ) Copies @ 20¢/each ................
Other ..
TOTAL...................
e � i
(01-4411)
(01-4413)
(01-4413)
(01-4412)
(19-2334)
(01-4419)
(01-4521)
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 U/� `ll`
Department of Engineering & Building Date
0 0
C
C
C
C
C
N
zq,
COD=Dr
Myo
m
0 o
MEMORANDUM ��� ' 30, July 17, 2003
TO: Dawn Schanderl, Deputy City Clerk
FROM: Dan McFarland, Development Services Manager
SUBJECT: Grading Bond Reductiore]ppl�ertree Bend
This memorandum is authorization to
Fthe above reference
completed sufficiently
A Personal Check #1579 drawn on Pacific Mercantile Bank, was posted as security for the
bond. A copy of the Surety Agreement and check is attached for your information. Ifyouhave
any questions, please contact me.
Attachment
cc: file
CHECK REQUEST
Administrative Services Department
Address Check To: Name: Lawrence Cancellieri
Address: 30632 Hunt Club Dr.
San Juan Capistrano, CA 92675
Check Amount Requested: $8,215.00 Account Number: 19-2302
Check Total: $8,215.00
Invoice No: N/A Invoice Date: N/A
Check stub to contain the following: 50 % reduction of grading bond for 31601 Peppertree Bend
Grading Surety Agreement
Check Requested By: Employee: Genny deVries, Administrative Secretary
Department: En 'neer' & Buildin Date: July 22, 2003
Department Approval:
Daniel W. McFarland, bevelopment Services Manager
Transmittal Instructions:
Return Check To:
Mail With Attached:
Other (Specify):
/cc
For Administrative Services Use Only
Vendor Number:
Warrant Number: Date:
Approved:
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 Lawrence and Jennifer
Cancellieri, an Owner/Builder referred to as "Developer".
WITNESSETH COPY
WHEREAS, City will issue Grading Permit No. 46542 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 Tract 10593 Lot 7, commonly referred to as 31601 Peppertree
Bend.
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.
0
0
2. Developer's Security. Developer shall provide a Personal Check #1579
drawn on Pacific Mercantile Bank subject to the approval of the City Attorri9�6,tq.�c��
Developer's improvement obligations required under this agreement. COPY
The amount of the bond shall be $16,430 for that work described in Exhibit "A".
This security of $16,430 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
i
•
ON