03-1022_PARKS, RICHARD_Surety Agreement9 0
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 Mr. Richard Parks, an
Owner/Builder referred to as "Developer".
WITNESSETH
WHEREAS, Citywill issue Grading Permit No.47329 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 Parcel 1, PM 217/43-45, commonly referred to as 31761 Aguacate
Road.
WHEREAS, San Juan Capistrano Municipal Codes Section 8-2.08 requires the
posting of financial securityto secure the faithful performance and laborand materials forthe
grading and installation of improvements connected with issuance of grading permits
including the construction of drainage and protection devices and any othercorrective 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 thatthe 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
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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.
Developer's Security. Developer shall provide a personal check No. 16526
drawn on Washington Mutual Bank, F.A. account# 3933711687 subjectto the approval of the
CityAttorney, to secure Developer's improvement obligations required underthis agreement.
The amount of the bond shall be $4,894.00 for that work described in Exhibit "A". This
security of $4,894.00 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
compliancewith 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
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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, orothererosion resistant soil coverings or
treatments to satisfaction of the Director of Engineering and Building.
6. Attomey'sFees. Developer agrees to pay City such sum as the courtmayjudge
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 apart
of anyjudgment 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. Liabili . 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
C&66ey ' 22 , 20 03 at San Juan Capistrano, California.
Developer
By: Richard Parks
Owner/Builder
Approved as
By: Jkon Shaw
Attorney
City of San Juan Capistrano
By: Daniel W. McFL6 d
Building Official
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EXHIBIT "A"
Parks Residence
31761 Aguacate Road
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Item 1: Construction of all on-site grading (cut, fill and slope stabilization) operations in
accordance with Grading Permit No. 47329 and the Developer's plans and
supporting documents as listed below:
(A) Grading Plan for 31761 Aguacate Road, dated September 26, 2003,
prepared by Toal Engineering, Inc., Raymond R. Toal, RCE No. 16889.
(B) Geotechnical Reportfor31761 Aguacate Road, dated November2, 2001,
prepared by Geotechnical Solutions, Inc., Abraham S. Baha, P.E. No.
C053067.
Item 2: Construction of all on-site improvements in accordance with Grading Permit
No. 47329 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.
EXHIBIT "B"
SCHEDULE FOR COMPLETION OF IMPROVEMENTS
Completion Date Task
January 2004
June 2004
Rough Grade Certification
Landscape Irrigation
June 2004 Landscape Planting
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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. 47329.
B. Grading operations shall commence within fourteen (14) calendar days after issuance
of Grading Permit No. 47329.
Winter grading will be conducted in strict accordance with the dynamic erosion and silt
control plan submitted bythe Developer, and approved bythe 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 Developerdoes notwish to implement wintergrading, 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 affectthe
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 equ ivalent 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, bythe 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 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 atthe time work is suspended forthe rainy season, shall be filed
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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 laterthan
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.
I. 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.
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Plan Check Application No.
Permit No. 4�-73Z-f2
CITY OF
SAN JUAN CAPISTRANO
MISCELLANEOUS RECEIPT
Project Name
/s,
Project Address �✓/ �/O/ �1LG �d
.Applicant 00Gly- �Phone 911`7 3-14 -Mcc�2
Address/
Building Plan Check ...........................
Grading Plan Check ........................:...
On -Site Plan Check ............................
Special Inspection/Re-Inspection ....... . ..........
OCFA Plan Check .............................
Geotechnical/Soils Plan Review ..................
( ) CCo/opiiesa@ 20¢/each ......................
Other G, c2�tl �.. ..
TOTAL ....................
$
(01-4411)
$
(01-4413)
$
(01-4413)
$
(01-4412)
$
(19-2334)
$
(01-4419)
$
_ (01-4521)
$ 4; BGI4-
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 C !�`� !/a'�
Department of Engineering & Building Date
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