03-0709_SCAROLA , VITO-LEONARDO_Surety AgreementSURETY AGREEMENT
THIS AGREEMENT is made by and between the CITY OF SAN JUAN CAPISTRANO, a
municipal corporation, hereinafter referred to as the "City" and Mr. Vito - Leonardo Scarola,
an Owner/Builder referred to as "Developer'.
WITNESSETH
WHEREAS, City will issue Grading Permit No. 46999 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 2 PM 98/29, APN 675-331-04, commonly referred to as
33561 Valle 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 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 securityto ensure against adverse aesthetic
impacts arising from incomplete grading and/or improvements from development projects
which have not been completed.
WHEREAS, the Building Official finds that the proposed project site is highly prominent
and visible to the community, has unique topographic features or involves substantial grading
of slope areas.
NOW, THEREFORE, in consideration of the premises and promises hereinafter
contained, City and Developer agree as follows:
1. Developer's Improvements Obligations. Developer shall, at its sole cost and
expense, provide and furnish all labor, materials and equipment for the installation of
improvements set forth in Exhibit "A". The grading permit and plans, which further defines the
improvements in Exhibit "A", are on file in the office of the City's Building Official, and all
documents referenced in Exhibit "A" are incorporated herein by reference.
2. Developer's Security. Developer shall provide a Certificate of Deposit drawn
on Bank of America Account#09577-01520, 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 $4,816.00 forthat work described in Exhibit "A". This
security of $4,816.00 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 Agreementand 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, or other erosion resistantsoil 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 mayjudge
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. 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
g 206Bat San Juan Capistrano, California.
Developer
By: Vito - eonardo Sc ola
Owner/Builder
Approved as to Form:
41�w Imt&44 4
By: John Shaw
City Attorney
City of �•istrano
Building Official
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EXHIBIT "A"
33561 Valle Road
Parcel 2 PM 98/29
Item 1: Construction of all on-site grading (cut, fill and slope stabilization) operations in
accordance with Grading Permit No. 46999 and the Developer's plans and
supporting documents as listed below:
(A) Grading Plan for 33561 Valle Road, dated June 20, 2003, prepared by
Saxon Engineering Services, Kurt M. Saxon , RCE No. 44180.
(B) Geotechnical Report for 33561 Valle Road, dated February 24, 2003,
prepared by Peter and Associates, Lan N. Pham, RGE No. 686.
Item 2: Construction of all on-site improvements in accordance with Grading Permit
No. 46999 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.
Item 3: Construction and placement of landscaping and irrigation in accordance with
approved plans for 33561 Valle Road as included in the above plans.
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EXHIBIT "B"
SCHEDULE FOR COMPLETION OF IMPROVEMENTS
Completion Date
November 2003
February 2005
Task
Rough Grade Certification
Landscape Irrigation
February 2005 Landscape Planting
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EXHIBIT "C"
CONDITIONS FOR COMPLETION OF IMPROVEMENTS
A. The grading forthis project shall be in strict conformance with the grading plans and
related documents as described in Exhibit "A" and Grading Permit No. 46999.
B. Grading operations shall commencewithin fourteen (14) calendardays after issuance
of Grading Permit No. 46999.
W inter 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 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. 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 atthetimework is suspended forthe rainyseason, shall befiled
with the Building Official. This interim report shall conform to the grading code
requirements for final compaction reports.
D. Contractor shall control dust to the satisfaction of the Building Official or his deputy.
During grading, Contractor shall keep water truck on site and dampen work area,
grounds, and loaded trucks.
E. Grading operations suspended during the rainy season shall be resumed no laterthan
15 days from date of suspension termination.
F. 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.
G. 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.
H. Contractor shall adhere to conditions of haul route permit and encroachment permit
issued by the City Engineer.
Parking for construction crew is to be on-site.
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Bank of America.% OO�rt�t 0p''CC
BANKING CENTERVi
CUSTOMER NAME,.. I YQ
PLEDGED TO
AUTERTRIZED SIGNATURE
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Investment CD Receipt
DATE
INTEREST RATE
ANNUAL PERCENTAGE YIELD
$ AMOUNT
ACCOUNTTERM
It -6 MATURITY DATE
ACCOUNT#
The written information we give you is part of your agreement with us and tells you the current terms of this account. This time deposit
reinvests automatically for the same account tern upon maturity or on the effective date of a deposit or withdrawal made during the grace
period. (The grace period begins on the maturity date and is two business days for terms of 29 days or less; five calendar days for terms of
30 days through 89 days; seven calendar days for terms of 90 days or more.) We determine the interest rate for the reinvested deposit on
the date your funds are reinvested.
For information about early withdrawal penalties, please see the deposit agreement. A personal time deposit is not transferable,
05-I62576B 05-2002 NOT NEGOTIABLE Re IWPaP r &a .fA m,N.A. • Me.b FDIC