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22-0808_DAILEY, PATRICK F._Staff MemoMEMORANDUM August 8, 2022 TO: Maria Morris, City Clerk FROM: Thomas Toman, Public Works Direct SUBJECT: Grading Surety Release— B15-1420 Precise Grading for 31400 EI Camino Real This memorandum is authorization to release the Grading Bond numbered 2449488341 for precise grade permit B15 -1420f for 31400 EI Camino Real. The release of the grading bond has been approved by the Building Official. Please advise One West Bank of the surety release. Attachment — Copy of Grading Surety Agreement cc: Building; file Patrick Dailey 28232 Rancho Azul Laguna Niguel, CA 92677 August 5, 2022 Jeremy Hohnbaum Senior Civil Engineer Public Works City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Dear Mr. Hohnbaum: I would like to request the release of the remaining $5000.00 held in the grading surety bond which was issued for the construction of a single-family residence at 31400 EI Camino Real in San Juan Capistrano (APN: 124-202-25). The bond is held in a certificate of deposit at One West Bank. The account number is 2449488341. The grading permit number is B15-1420. Thank you very much for your help with this matter. Sincerely, Patrick Dailey (3. THIS AGREEMENT is made by and between the CITY OF SAN JUAN CAPISTRANO, a mu icl al cor oration, . hereinafter referred to as the "City," and NAME of DEVELOPER, hereinafter referred to as "Developer." WITNESSETH WHEREAS, City will issue Precise Grading Permit No B15-1420 to Developer to construct certain designated improvements upon a portion of that real property Idcated at 31400 EI Camino Real,'San Juan Capistrano, CA, such work being commonly referred to as "PRECISE GRADING FOR 31400 EL CAMINO REAL" ("Project"). WHEREAS, San Juan Capistrano Municipal Code Section 8-2.08 requires the posting of a bond to secure the faithful performance for the grading and installation of related 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 Imbrovements.Obligations. Developer shall, at its sole cost and expense, provide and furnish all labor, materials and equipmentforthe Project depicted on the plans entitled "PRECISE GRADING FOR 31400 EL CAMINO REAL" as approved by the City Engineer, on 5? 'Iaj 2016. The grading permit and plans, which describe all the work to be constructed pursuant to this Agreement, are on file in the office of the City's Building Official. Grading Surety Agreement, Permit#B15-1420 Page 1 of 61147.0210012493574 1.1 ;�'f _ •: �l it ) 2. Developer's Security. Developer shall provide a bond by a duly authorized corporate surety subject to the approval of the City Attorney, or as approved by the City Engineer, on City approved forms to secure Developer's improvement obligations required underthis Agreement. Copies of approved irrevocable letter of credit forms and certificate of deposit form are available upon request. The amount of the bond shall be $144,870.00 for all onsite grading improvements as approved by the City Engineer. This security shall also serve as security for restoration of the'Project site. A copy of the performance bond form, as approved by the City Attorney, is attached hereto as Exhibit "C" and incorporated herein by this reference. ' 3. Completion of Improvements. To ensure the protection of the public safety, health and welfare, Developer shall construct the Project in accordance with the schedule as set forth in Exhibit "A", and the conditions asset forth in Exhibit "B". Exhibits "A" and "B" are attached hereto and incorporated herein by this reference. 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 (20) working days without written approval of the City, City shall have the right to immediately declare a default and to make demand on Developer's surety for performance of all obligations under this Agreement. 5. Restoration of Site. San Juan Capistrano Municipal Code Section 8-2.09 allows the City to require bonding as securityto ensure against adverse aesthetic impacts arising from incomplete grading, drainage and/or improvements which includes illicit non - storm drain water discharge. The purpose of this security shall be to restore the propertyto a safe and acceptable condition in the event 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 Grading Surety Agreement, Permit #615-1420 Page 2 of 7 61147.02100124835741.1 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. A{tomeV'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 the City. 7. DeveloOa Work in Safe Condition. Developer shall perform all work in a safe workmanlike manner and shall take such precautions as maybe necessary to wam and protect the public from any dangerous condition caused by the Project. S. Liability. City, its officials, officers, employees, agents, and volunteers shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of Developer: its agents or employees in the performance of this Agreement. Developer further agrees to protect, indemnify, and hold harmless City, its officials, officers, employees, agents, and volunteers from any and all. claims, demands, causes of action, liability or loss of any sort,, because of, or arising out of,' the alleged acts or omissions of Developer, its agents or employees in the performance of this Agreement, including all claims, demands, causes of action, liability, or loss because of, orarising out of, in whole or in part, the design or construction of the Project. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said Project, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction of drainage systems, streets and other improvements. SIGNATURES ON FOLLOWING PAGE Grading Surety Agreement, Permit 015-1420 Page 3 of 7 61147.02100@4835741.1 SIGNATURE PAGE TO GRADING SURETY AGREEMENT BETWEEN THE:Ci r OFj� AN JUAN CAPISTRAPIO AND C CiCiG � ilFAr -NAME. OF DEVELOPER IN WITNESS WHEREOF, the parties have executed this Agreement as of 2016 Approve a t3y. Jeff Bailing City ney Titleq� Printed Name Title Grading Surety Agreement, Permit #B15-1420 Page 4 of 7 61147.0710017405741.1 EXHIBIT"A" SCHEDULE FOR COMPLETION OF IMPROVEMENTS A Task Completion Date 1. Complete Erosion Control Installation 1S 20140 2. Start & Finish Soil Stabilization work 3. Complete Rough Grade Pads D t� 4. Complete Onsite Driveways & Sidewalks 12�'a�.�aylZ 5. Curb & Gutter work L. (go 6. Complete Onsite Drainage 7. Complete Finish Pads 8. Complete.Onsite Drainage 9. A/C Paving Grading Surety Agreement, Permit#B15-1420 Page 5 of 7 61147.021 00124635741.1 EXHIBIT`B" CONDITIONS FOR COMPLETION OF IMPROVEMENTS 1. The grading for thjs project shall be in strict conformance with the grading plans as well as the San Juan Capistrano Municipal Code, 2.. Grading operations shall commence within fourteen (14) calendar days after issuance of Grading Permit. 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. 3, Suspension in excess of twenty (20) working days of work authorized by approved grading plans and grading permit for subject property, including erosion and sediment control measures and landscaping and irrigation, shall constitute defaultof 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 filed with the Building Official. This interim report shall conform to the grading code requirements for final compaction reports. Grading Surety Agreement, Permit #815-1420 Page 6 of 7 61147.02100124 83574 1.1 5. 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. 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 grad certification. Final erosion and sediment controls 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. 11. Exoneration of Security: Developer's security shall be reduced to 90% upon signoff of precise grading permit. No security given by Developer shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. Nothing herein shall limit the City's rights or the Developer or surety's obligations under this Agreement. ; 12. Warranty Period: 1 year from permit signoff by City. Grading Surety Agreement, Permit#B15-1420 61147.02100124835741,1 Page 7 of 7 344QOELCE1MIi(OREA4,WL'EY-RES1.17ENCF.•_;:' r• ,4.•-c -'uu•, ;::{7 +''n,'�f:M'-"y'°� .`.Y :.'r-x[iA`�• ,@ - 1 N, i, ', I.,C.YNS;i�'l�V,;IT.Va:VVy�:WOl1RV(�i,1•,.1..::::•::. ,,.:�ry(...•,��...v}y��:.: , . �..,,�,,;;��j4;,>;. radl g:and:Ori:Sftaer6_rr_epiou�tt'ttinfs;:,':'r.._._�•:;� PARCEL MAP OR TRACT MAP 8 ELK 5, TRACT 808 SAN JUAN CAPISTR, DATE: 11.6/2016 GRADING AND GRADING PLAN CHECK GRADING BOND.: ONSITE IMPROVEMENTS: (Applicable % of Estimated Construction Costs or Minimum, whichever is greater) '(Based on 30% of project cost Street/Dreinage+ _$ 8,882.50 cut or fill volume, 50% of on-site, *Flood Control $ 1,100.00 non -City, maintained drainage Erosion $ 6,338.00 and 100% of the costof erosion Grading $ 128,771.50 control facilities.) Total $ 144.870.00 $ Val Mans nceRetenOoF-(l0/0) S 28,974.00 $ . 0.00 DESIGN ENGINEER'S CALCULATION OF PLAN CHECK AND BOND Construction items and their quantities, as shown an the attached sheets, are accurate for the improvements required to construct the above project and the mathma0oal extensions, using these unit costs, are accurate for determining plan check costs otuoecegroyii % 11612016. Signature - Date 7ACQUELYN V O'BRYAN a RCHSSNII JACQUELYN O'BRYAN 55601 12-31-15 t:at{t5 Name Typed or printed RCE# Exp. Data Civil Engineer's Stamp 1. Quantities are to be taken from the Grading Plans.. Unit cost are to be as provided on this Construction Cost Worksheet.' For Construction Items not covered by this Construction Cost Worksheet, s Design Engineer Is to provide his opinion of construction cost and use of the cost If the A.'Costs are determined to be too low, in the opinion of the.design engineer, the higher costs midad bv. the Destann Enaineer should be used, ON 160106 ENGINEERS ESTIMATE117/201512:45 PM CONSTRUCTION COST WORKSHEET ON SITE STREET IMPROVEMENTS 00niscT, DATE: 11612016 QUANTITY - '!,-.UNIT- ITEM 068T 'AMOUNT' L.S. Move -Ines $ R 0.00 L;..T- Roadway _Cxcdvation $ 18.001$ 0.00 S.F., Balance Street Grad6 and Parkways 0.501$ 0.00 C.Y. * Importl Export Dirt" ===F= 1$ 9.QU 0.00 C.Y. Base -Material Class il $ 60.00$ 0.00 TON A.C. Pavement ( Thickness) 144 IbsfCu. R_ $__90 00 $ 0.00 TF, plat ' Overlay (0.10') s 13 $ 0.90$ 0.00 TON. As altic E Seal). p� mu slon (Fog E 600.00 0.00 S.F. Decorative FAVement6-5tamped Concrete 10.00$ D.00 I,- 1.G 2 Curb and Gutter 15.00 L.F. P.�.Pg.tler.(TYpffA_8). 17.00 $ 0.00 - L.F, P,.G.C. Curb and,.Glutter (Typa.0) $ 15.001$ 0.00 L.F. P.C.C. Curb(TypeD41)- $ iz.uul$ oluo LF. P:C.C. Curb (Type D). $ 16.00$ 0.001 S.F., P.C.C. Cross Gutter and Spandrels $ 12.00 $ 0.001 1500 S.F. P.C.C. Sidewalk $* 5,25$ 7;875.00 S.F. P.CjC. Drive Approach $ 8.25$ 0.00 EA.., T.C.Ci Sidewalk Handicap Ramps $ 1.60D.00 $ 0.00 L.F. A.C. -Dike(8") T 12.00 T 9.00 L.F. A.C. Dike (Y) $ . .10.05s 0;00 EA. A.G. Overside Drain $ 750.00$ 0.00 EA. Adjust Manhole to Grade $ 500.90$ 410() EA. Adjust Water.ValVe Can to Grade $ 160.00$ 0.00 L.F: Sawcut - Asphalt $ 1.50$ 0.00 L.F: Sawcut - Concrete $ 5.00 $ 0.00 S.F. GdndA.C, Pavement (10) $ 1.00s 0.00 S.F. Remove A.C. Pavement T-1.20 $ 0.00 L.F. RemdvqGL#b. and Gutter 5 12.00 $ 0.00 L.F. Remove A.C. Dike 3.50 $ 0.00 S.F. Remove Sidewalk 8.01)s 0.00 L.F. Remove Barricade $ 10.00$ 0.00 lftst.all.Barricadie $ 361.00 $ 0.00 EA . Dellnearlors.4(CNss 2) F-45.00 $ 0.00 EA. Relocate Wooden Power Pole $ 15,000.00 $ 0.00 ETA.- Street Light 4,000.00 0.00 L.F. . ; Utility Trench $ 25.05$ 0.00 EPL.F. A. Electric Service Meter and Pedestal $ 10,000.00$ 0.00 EA.Street EA. Trees (�15 GpllonTwith Root Barriers $ wif) on $ 9.01). S.F. Landscaping and Irrigation $ 4.60$ 0.00 L.F. 6' Chain Link Fence $ 15.00 $ 0.00 L.F. Remove"Chain Link Fence $ 7.50,$ 0.00 L.F. Relocate Chain Link Fence $ 12.00 $ 0.00 $ . $. .0.00 Subtotal . $ -Contingena 7,875.00 70% $ 787.50 ITotal ' $ 8,662.50 160106 ENGINEERS ESTIMATEl/7/201612:45 PM CONSTRUCTION COST WORKSHEET ON SITE STORM DRAIN IMPROVEMENTS PROJECT. QUANTITY `:.;:,;U NIT:,.,•. r ::.. "' ITEM "UNIT. '. AMOUNT .:.0.00 LF _.,18. KX; R. 5. :75.001$ L.R. 24" R.C.P_ $ 82.00$ '0.00 EA. 30" R.C.P. $ 87.00S 0.00 EA. 36" R.C.P. $- 97.00S '0.00 EA. . 42".R.C.P. $ 107.00 $ 0.00 ' EA. 48" R.C.P,. S 119.00 $- - - 0.00 EA. 54" R.C.P. $ 135,00 ' EA. _ 60" R.C.P. $ 160.00S 0.00 L:F. IT'.C.M.P..HDPE orE ual $ 40.00 $ 0.00 L.F. 24" C.M.P. HDPE or Ettual $ 50.00$ 0.00 L.F.... 30" C.M.P..HDPE or E ual' $ 60.00 $' 0,00 L.F. ; 35" G.M.P.-HOPE or Equal S 70.00$ 0.00 LF. 42" C.M.P. HDPE or Equal $. 80.00 $ 0.00 L.F. 48" C,M,P. HDPE orEqual $ 100.00 $. DAO L.F. 54" C.M.P. HDPE 0 ual $ 110.00$ 0.00 L.F. 60"'C.M.P. HDPE or.E ual $ 120.00 $. '0.00 EA. Catch Basin W=4' $ 3,700.00 5 0.00 -FA. Catch. Basin W=7' S :4,845.00 S 0.00 EA. Catch Basin W=10' S 5,80.0.00 $ 0.00 EA. Catch Basin W=14' $ 7,080A0 $ 0:00 EA. Catch Basin W=21' S 8,820.00 $ 0.00 EA. Catch Basin W=28' $ 11.760.00$ 0.00 Manhole #1 - 33" or smeller 1 es 5 5,768.00$, 0.00 Manhole #2 - 36" or lar er pi es S 6,695.00$ 0.00 Manhole #3 - Box S 5,768.00 $' 0.00Manhole #4 $ 6,695.00 $ 0.00 MEA. Ad'ust-Manhole to Grade $ 500.00$ 0.00 Junction Structure #1 - ipe to box $ 3,500.00 $ 0.00 Junction Structure 111- i to pi $ 4,90.0.00 S ... 0.00 Junction Structure #6 -concrete channel $ 6;000.00 S 0.00 .Trahsition:Structure No. 1.P1 etoBOA $ 1.5,500.00,$. 0.00 ' EA. Transition Structure No. 2 (Box to Box) $ 12,500.00 $ 0.00 L.F.. Tcansiticn Structure No. 3 Pi a to Pipe) $ 5:700.00 S, 0.00 ' C.Y, Hip Rap 1/4:Ton $ 40.00 $ 0.00 C.Y. Rip, Ra(1/2T.en S 45.001$ 0.00 FA. RI Ra (- Ton). $ 50.001$, 0.00 LF. Pip Ra 27on) $- 55.001s. 0.00 C.Y. Grouting Concrete $- 83.001$ 0.00 S 0.00 2 EA. THROUGH WALL DOWN DRAIN $ 5 500.00S 0,00 1,000.00 S 0.0o S 0.00 $ 0.00 O.00 $ $ .Dari Subtotal- $ 1,000.00 10% Contin en $ 100.00 ' Total ja 1,100.00 160106 ENGINEERS ESTIMATEI/7/201612:45 PM CONSTRUCTION COST WORKSHEET EROSION CONTROL 8: WATER QUALITY BMP's ON SITE EROSION CONTROL IMPROVEMENTS PROJECT: DATE: 1/612016 QUATrfITX T ITEM bo�t- AMOUNT EROSION CONTROL EA. Gravel Bags 1 -foot length) $ 2.50$ 0.00 100.00 L.F. Gravelbag. Barrier 510.00 L:, -F. G,ravelbag Chec.kdai 0.00 $ 0.00 50.00 L.F. Silt Fencing. $ 3.00S 160.00 L.F. Silt'Fencin-wirerelnforced S 6.70 $ 0.00 L.F. Fiber Roll [Straw Wattle T-3.54 0.00 S.F. Straw Matt -.double sided T-0.30 0.00 S.F. Straw Bales 9.90 0.00 S.F. Jute.Netting .5 $ 0.35 0.00 S.F. Polymer Soll'Binder / Tackiller $ 0.04 0.00 S.F. Hydro Mulch -2000fflaa +.200#/ac blinder $ 0.06 0.00 S.F- Blown Fiber Mix- propkg'd.,3500.9/ac $ 0.17 0M00 S.F, BlownfibarMix-w/Hydroseed $ 0:21 0.00 1.00 EA. Stabilzed Const. Entrance (30'X5D'-rock & faibrlb)". $ 2,100.00 $ 2,100.00 TON No. 2 Course Apgrelale $ 26.001$ 0.00 MONTH Shaker Plates (2 each per month Entail) $ 240.00 $ U.OQ 1.00 E.A. Concrete Washout (6;5iCY bin) $ 3,000.00S 3,000;00 S.F* Visquene, (.10 mil) $" 0.10 $ `D'OD C.Y. Export Sediment $ 1D.00 S -,0:00 4 H Water Truck (4hr minimum) 480.00$ 0.00 4 H -$ Street Sweeper (4hr minimum)' $ 500m00 $ 0.00 4 HR iMaintenance (4 man crew, 4 hr minimum) S- 864m00 $ 0.00 $ 0.00 $ 0.00 0.00 0.00 WATER QUALITY BMP.'s L.F; Sand Filter Trench w/ PVC Drain Pipe $ 40.00$ 0= L.F. Infiltration Trench w/o PVC Drain Pipe S 28.00 0.00 EA. Dry Well S S 0.00 L.Se Uhd6tqroundinfiltrtatT6n/Detention Chambers. $ 0.00 L.F.. Vdigietaited Bio Swale $ 8.80S 0.00 S.F- P.orous Ash alt $ 6.0013 0.00 S.F. Porous Concrete Pavers $ 9.001$1 DMOO S.F- Pdrous:LwdscapeDetantlori BAsln $. is 0.00 E.A. KrislarDmp Inlet Insert' $ 500.001$ 0.00 E.A. Clearwater Solutions CB Insert $ 4,000.0013 0.00 E.A. Inlet Stencil ANo Rain in the;DralrV $ 95.00 $; 0.00 $- 630-0 $. S 0.00 $ 0.00 S. -$ 0.00 Subtotal $ 5,760m00 10% Contin enc $ 576.00 Total 6,336,001 160106 ENGINEERS ESTIMATEl/7/201612:45 PM CONSTRUCTION COST WORKSHEET ON SITE GRADING PROJECT: DALEY 31400. EL CAMINO REAL DATE 1/6/2016 QUANTITY LIN ITEM !: ' " ITEM :. UNIT.".::c' - COST' AMOUNT•:: z LS: Move -In / Mobilize Is 0.00 0 Acre Cleadnq and Grubbl;9 up to 6" Trees $ 5.000.00$ 1,000.00 EA. Remove exlstinq tree above 6" . $.. 250.00 $ 0.00 L.F. Remove existing fence $ 5.00$.-0.00 L.F. Remove Existing Concrete Drain $ 10.00 $ . 0.00 • E.A. Cap Well $ 2,500.00$ 0.00 L.S. Remove Septic Tank $ $ .0.00 L.S. Demo/ Remove Existing Structure $ $ 0.00 L.S. Asbestos,Stud &.Removal. $ $ 0.00 ... - S. - $ 0.00 586 C.Y. Cut/Fill(Largerof:thelwo' $ - 10.00$ 51-860.00 • C.Y. Over -excavation / Remedial $ -1.761$ 0.00 S.F, Balance Street Grade./ Pafkxa s $ 0.501S. 0.00 484 C.Y. Import'/:Export Dirt $' 20.00$ 9,680.00 L.F. 6' Wide Trapezoidal Graded Ditch perdetall S" 35.00$ 0.00 $, $ 0.00 L.F. 6" Subdrain $' 20:00 $ 0.00 L.F, 8" Subdrain $ 25.00$ 0.00 L.F. InteroelpriGr Drain Std. 432 $: 25.00 $ 0.00 L.F. Terrace Drain Std. 415a - $ 30.00$ 0.00 ' L.F. Down Drain Std. 415b $ 25.00$ 0.00 EA. Terrace & Down Drain Intersection Std. 415c $ 200.00$ 0.00 S.F. Masonry Splash WsII Std' 415a $ 95.00 S 0.00 EA. Down Drain & Pipe transition Std. 431 $. 1.000.00$ 0,00 L.F. T Wide "V" Ditch behind ret. wall per detail $. 15.00 $ 0.00 $- $ 0.00 L.F, Gabion drop structure per detail $. 60:00 $ 0.00 - S.F. Turf Block all weather access ' $ - 6.50$ 0.00 S.F. Concrete Slope Protection per detail S 5:00 $ 0.00 $ $ 0.00 L.F. Relocate Chain Link Fence $ 12.001$ 0.00 L.F, Remove Chain Link Fence $ 7.50$ 0.00 $. $ 0.00 $ $ 0.00 1,800 S.F. RETAINING WALLS NOT A PART OF BUILDING $.' 50.00 $ 90,000.00 1 L.S. REMOVE EXISTING.WALL 2,500.00 $ 2.500.00 $ $ 0.00 1 L.S. WATER LATERAL $: 3,000.00$ 3,000.00 - 1 L.S. . SEWER LATERAL 6 3,000.00$ 3,000.00 3 EA. AREADREAINS S. 50.00$ 150.00 125 L.F. 4" PVC DRAIN PIPE ' $ 15.00S 1,875.00 $ $ -O.OD s . $ 0.0.0 $; $ 0.00 15,590.00 Subtotal $ ' 117,065.00 3,885.00 10% Contin en $ 11,706.50 19;425:00 Total $ 128,771.50 160106 ENGINEERS ESTIMATE177/201612:45 PM CITY OF SAN JUAN CAPISTRANO IRREVOCABLE ASSIGNMENT OF POWER TO WITHDRAW TIME CERTIFICATE OF DEPOSIT GRADING SURETY AGREEMENT SECURITY DEPOSIT WHEREAS,. b- CkI hereinafter referred to as the "Developer," has entered into that certain "GRADING' SU : TY AGREEMENT" dated _ 2016, and identified as project 31400 El Camino Real (City Job No:B15-1420), located at 31400 El Camino Real, City of San Juan Capistrano ("Agreement") with the City of San Juan Capistrano, hereinafter referred to as the "City"; and WHEREAS, the Developer is required by the Agreement to provide the City with a security deposit to guarantee (1) the Developer's full and faithful performance of all terms, conditions and covenants of the Agreement; (2) the payment of all contractors, subcontractors, laborers and materialmen who have furnished labor or materials to Developer for those improvements that are the subject of the Agreement; and (3) the performance of all warranty and guarantee obligations under the Agreement, collectively referred to as the "Obligations"; and WHEREAS, to provide for performance of the Agreement and the Obligations further described therein, the Developer has deposited a "Time Certificate of Deposit' numbered drawn by (BANK/FINANCIAL INSTITUTION), a financial institution subject to regulation by the State of California and/.or the Federal Government of the United States of America (`Bank"), in the amount of One Hundred Forty Four Thousand Eight Hundred Seventy Dollars ($144,870) with the City to be used by the City Engineer or his or her designee, to perform the Obligations under the'Agreement which, in the opinion of the City Engineer or his or her designee, the Developer fails to adequately perform. NOW THEREFORE, the Developer hereby irrevocably assigns to the City Engineer or his or her designee and without any additional authority from the Developer, the sole power to withdraw any or all of the said funds which are needed to perform any of the Obligations contemplated by the Agreement, which have not been performed to the satisfaction of the City Engineer or his or her designee, or within the time specified in said Agreement, if any. The Developer irrevocably relinquishes any and all power to withdraw from the "Time Certificate of Deposit" This authorization and said "Time Certificate of Deposit" shall in no event be construed as a limitation upon the liability of the Developer in securing performance of the Agreement and the Obligations thereunder. Bank agrees that the Bank will transfer fund's from the "Time Certificate of Deposit" to the City in accordance with instructions provided to the Bank by the City at the time of the draw upon receipt of one or more notices signed by the City Engineer or his or her designee that funds are required to satisfy the Obligations. The "Time Certificate of Deposit"shall be held by Bank until the City releases the "Time Certificate of Deposit" by letter to the Developer and Bank upon determination by the City Engineer or his or 61147.02100x4s21706.1 B15-1420 CITY OF SAN JUAN CAPISTRANO her designee that the Developer has fully and satisfactorily completed the Agreement and Obligations thereunder. Developer and Bank agree that: (1) until such time as the Obligations are fully performed, the "Time Certificate of Deposit" shall be the property of and shall be held in trust by Bank for the benefit of City and any statements issued by Bank for the same shall be delivered to City; (2) Developer shall not encumber or pledge the funds held in the `.`Time Certificate of Deposit" for any purpose; (3) Bank will not permit Developer or any other person or entity to withdraw funds from. the "Time Certificate of Deposit," unless and until the Bank receives the signed original of the letter to Developer from the City Engineer or his or designee certifying that the Developer has fully and satisfactorily completed the Agreement and Obligations thereunder. IT IS FURTHER AGREED, in the event that tlie funds in the "Time Certificate of Deposit" should for any reason become unavailable for distribution to City prior to the completion of the Obligations, then within five (5) business days' notice from City, Developer shall provide a substitute security in a form and amount that is reasonably acceptable to City. IT IS FURTHER AGREED, Bank shall subordinate any present or future security interest it may have in the "rime -Certificate of Deposit" to the security interest of City therein and shall not exercise any right of set-off, recoupment, counterclaim or any similar right in connection with any finds in the "Time Certificate of Deposit" until such time as the "Time Certificate of Deposit" has been released by City. As of the date hereof, Developer and Bank represent that there are -no control agreements outstanding in respect of the "Time Certificate of Deposit" and neither is aware of any lien or encumbrance that may or will affect the "Time Certificate of Deposit." j� g'- 5 p // Date:. Q �UV Ukx v- NAS! F AN / ANC[ett, f`ISTIT Ti By: Mi i 'u '.Ad'�Ittessc l�t'i{At{ Wiwi (UA G. .. Date:% (�p 1 q�'�1. BY'i!�1'yr�elC� F1 Its: C IanPc Mallin, :: ddress• nn 11FAVC1C1 �Citb:.12• i.LF -�� 61147.02100v482170e.t B15-1420 CITY OF SAN JUAN CAPISTRANO Signatures of those signing for the Developer and Financial Institution must be notarized and evidence of corporate authority attached. A copy of the Power -of -Attorney to local representatives of the Financial Institution must be attached hereto. W47.02100\24amw.i B15-1420 (signatures continued on next page) r.• CITY OF SAN JUAN CAPISTRANO ACCEPTED: CITY OF SAN JUAN CAPISTRANO By: ,. Its: City EiigineerO' Mailing Address: 32400 Paseo Adelanto San Juan Capistrano, CA 92675 61147.021DOU4321706.1 B15-1420 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 14:.rx•.,mraz:'"�*cx'�c�i'6.fL^r�Y'xr esti-�6'i�`mTE"3.Yie.'nt'n.`26`C�CiertC<tcs>tl:CtScvi'cCwC�:c'a'sc's5c,?+>%.y,%*vr :����nt A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document State of California ) County of ORANGE ) On 6/30/2016 before me, GABRIELA DOMINGUEZ, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared who proved to. me on the basis of satisfactory evidence to be the parson( whose name/,tu�/are• subs r bed to the within Instrument and' acknowled ed to me that he/she/thdy'executed thersame,,in his a i tieirauthofized capacity(ge}, and that by h1s/&0theirslgnature(� on the instmmeni the persbn( or the entity upon behalf of wh(ch t e persbnO acted, executed the:instrume't., GABRIELA 00MINGUEZ 8 cuinmiaelon YJ mstsbs� .z v Notary Public • California a orange County My Comm. -Expires Oct 25:2018 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS" and and official seal. Signature Signalp .. .Not _aQ' P�e• OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document:.R1,1t^ad%ac( $,f.vetA.Myfx A -4 - Document Date: a13o\I Number of Pages: Signers) Other Than Named Above: Capacity(Ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Tdle(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s):, '0 Partner — 13 Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing a:sc�rivcr�.>F•.ccrzaY:<,•rc?vtx>c¢c�:.ceuxxut:;�;a.Ya:�.,eacs::��excs�•u.�ccec�rsc^€��cears�ssu�-a�z^�•�3.,.c� 02014 National Notary Association - www.NationalNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 �Nraks�rSS�`�^�".^r:�•n`S.�i°.'C.1sa2.s='r..w..sir:rz+G2`,�fl2;fi'Slei¢4.L'GefEfs,`Cv^Cm'C.t_tP•C"c�:�Z.6's�'_"�Y.,.��_. 2a;i,�!:i A notary public or other officer completing this certificate verifies only the identity of the Individual who signed the document to which this certificate is attached, and not the "fulness, accuracy, orvalidity of thatdocument. State of California ) County of ORANGE ) On 6/30/2016 before me, GABRIELA DOMINGUEZ, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared ' - P&40 - F- � who p[oVed to me ori the basis ot.satlsfactory eViderice'to 6e the erson{s), whose name is re subscribed, to the within instrument and acknowledged; to me.tha heithey.executed'the same in Is eNilmJr authorrced capacity(let�and'that by Ips crJlheirsignat ire on the lnstmmeht the persorif� nr fKn unlaii ..,Aw hdKolfOK...K;nh Mu nevcn..lA\ �M..A ...,,.... d..a �h,..G..t-.........� BABNIELAOOMIN6UEZ Commlaalan ra 21191606 e Notary PubHe - Catllomla n. z Oranpa County M Comm.E fres_Oct25,2019 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my ) rd and official Signature ere OPTIONAL' Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document . Title or Type of Document: t2W,,rC21rtRAn 4- Document Date:. tO� Number of Pages: Signets) Other Than Named Above:. Capacity(tes) Claimed by Signer(s) Signer's Name:.. ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑ Attorney In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing:: Signer's Name: . ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑ Attorney In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: cccc nrow<;c`:x2a�xrcccs�:�zzaaax��zsrs:zc:�co�.x.sw�,'c�c�::c�-e:rr�c,�sa�zs.�.sue��t^�^as 02014 National Notary Association • www.NabonalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 '� � OneWest Bank- ��'sx�a A Division of CIT Bank, N A. This receipt is issued to: Patrick F Dailey (For The City Of San Juan Capistrano) 32400 Paseo Adeianto San Juan Capistrano CA 92675 Opening Date: 06/30/2016 Account Description (Type): Personal Certificate of Deposit Opening Balance: $144,870.00 Minimum Balance Required: $1,000,00 initial Tenn: 3 Months Interest will be: I Mailedto Customer X 1 Credited to Account Paid to (alternate name) Opened by: FA CERTIFICATE OF DEPOSIT RECEIPT Account Number. 2449488341 IRA Number: . Statement Frequency: Quarterly Interest Rate: 0900% Annual Percentage Yield: 0,30% Interest Payment Frequency: Monthly Frequency of Compounding: Daily Maturity Date: 09/30/2016 Grace Period Begins: 09/30/2016 Transfer to Account Number. QMCmypB/ tipae? �D7,�.