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
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,
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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
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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:
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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,�.