04-0301_THEODOSSIS, ANGELOS_Surety Agreement (2)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. Angelos Theodossis, an
Owner/Builder referred to as "Developer".
WITNESSETH
WHEREAS, Citywill issue Grading Permit No.47794 to Developerto 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 APN 666-261-08, commonly referred to as 31722 Rancho Viejo
Road.
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 correctivework
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
SD
0 0
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 personal check # 1085 drawn
on Union Bank of California Account 3091045520 subject to the approval of the City Attorney,
to secure Developer's improvement obligations required under this agreement.
The amountof the bond shall be $3,205.00 for that work described in Exhibit"A". This
security of $3,205.00 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
compliance with 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
0 0
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 courtmayjudge
as reasonable forthe 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. Liability. 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
20 44 at San Juan Capistrano, California.
Developer City of San Juan Capistrano
B'Angelos eodossis By: Daniel W. McF nand
j Owner/Builder Building Official
Approved ps to
By: Po)hn Shaw
Attorney
0
EXHIBIT "A"
31722 Rancho Viejo Road
Bravo Burger Restaurant
Item 1: Construction of all on-site grading (cut, fill and slope stabilization) operations in
accordance with Grading Permit No. 47794 and the Developer's plans and
supporting documents as listed below:
(A) Grading Plan for Bravo Burger Restaurant, dated November 17, 2003,
prepared by Joseph C. Truxaw, Humberto Vidales, RCE No. 59719.
(B) Geotechnical Report for Bravo Burger Restaurant, dated November 17, 2003,
prepared by Giles Engineering Associates, Inc., John E. Haertle, GE No.
2352.
Item 2: Construction of all on-site improvements in accordance with Grading Permit
No. 47794 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
August 2004 Rough Grade Certification
August 2004 Landscape Irrigation
August 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. 47794.
B. Grading operationsshall commence within fourteen (114) calendar days after issuance
of Grading Permit No. 47794.
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 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. Identifyall pollutant sources including sources ofsedimentthat mayaffectthe
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 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 forthe rainy season, shall be filed
0 9
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. No construction trucks are to stop or stand on Rancho Viejo Road.
K. Parking for construction crew is to be on-site.
L. Developer shall provide all traffic control measures as required for safe vehicular
movement and shall secure an encroachment (haul -route) permit from the Engineering
Department prior to issuance of the grading permit.
0 0
Plan Check Application No.
Permit No. 4 7 79�
CITY OF
SAN JUAN CAPISTRANO
MISCELLANEOUS RECEIPT
Project N
Project A
Applicant f/i !Q�S "/7cWeoSS7iPhone
Address
Building Plan Check ...................................................... $
Grading Plan Check ...................................................... $
On -Site Plan Check ...................................................... $
Special Inspection/Re-Inspection.................................. $
Geotechnical/Soils Plan Review ....................................
( ) Copies @ 0.20/ each .......................................
Other.. '? .......
TOTAL.......................................
(01-4411)
(01-4413)
(01-4413)
(01-4412)
(01-4419)
(01-4521)
$ 3. 5 -
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
Department
Date
!
0 0
C
kik
o
§■
zz.
.*
<
�\k)
g/�
�
<
.0
;
7
\\
,
§�
0
w os;
j Um �ZF�
W
11 ¢
iT
LO
LO
CD
O
Z m
¢ a
y0¢
IL Z O
Uwv
Z°¢
O
2 U) cc
Z a
< 8 tai
LL"z
O
Q
V co
0
2004 12:25PM TRUXRW&RSSOCIRTES 7149350106 P.2
JOSEPH C. TRUXAW AND ASSOCIATES, INC.
I Civil Engineer; and Land Swveyws
✓— 265 South Anita Drive, Sume 111
Orange, CA 92868
— (714) 935-0265
ENGINEER'S COST ESTIMATE
PROPOSED BRAVO BURGER RESTAURANT BER03118
RANCHO VIEJO ROAD BIO ORTEGA HIGHWAY 1444Ov-03
SAN JUAN CAPISTRANO, CA - Revised 19 -Jan -04
Revised 2D -Feb -04
SAWCUTTING
150
LF
$3.00
0.00
REMOVE EXIST. PAVEMENT, CURB & GUTTER ETC.
571
BY
$15.00
585.00
CORE DRILL EXIST. CURB
EA
$150.00
900.00
EARTHWORK CUT
_- 180'
CY
$20.00
800.00
EARTHWORK FILL-
80
CY
20.00
600.00
VARIABLE HEIGHT CMU RETAINING WALL
LF
60.00
300.
PAVE WITH 3" AC OVER 6" AB
2,896
SF
3.00
$8
PAVE WITH 3" AC OVER 4' AB
1,965
SF
2.50
912.50
CONST. CONCRETE CURB
125
LF
15.00
1.875.00
CONST. CONCRETE CURB & GUTTER
53
1 LF
$20.00
$1,060-00
CONSTRUCT CONCRETE V -GUTTER
150
1 SF
$4.50
S075.0D
CONST. CONCRETE SIDEWALK
3.015
SF
S2.25
$6,783.75
CONSTRUCT CONCRETE HANDICAP RAMP
1
EA
$1.DD0.00
$1,000.00
PLACE 3' SCHAO PVC DRAIN PIPE
80
LF
$12.DD
$960.00
INSTALL NOS INLET WI FITTINGS & ADAPTERS
$1,0DO.00
3''x12.5" RECTANGULAR CAST IRON PIPE
12
LF
$50.DO
9600.00
CONCRETE WASH-OUT AREA
1
LUMP SUM
$500.D0
STABILIZED CONSTRUCTION ENTRANCE
1
LUMP SUM
$500.00
GRAVEL13AGS
450
EA 1
$1.501
UI $6T5.2w
TOTAL ONSITE IMPROVEMENTS
- .25
NOTE:
THIS ESTIMATE HAS BEEN PREPARED FOR IMPROVEMENTS SHOWN ON THE PROJECT GRADI
CONSTRUCTION. THIS ESTIMATE HAS BEEN PREPARED FOR FEE PURPOSES ONLY, NOT FOR
INDEPENDENT TAKEOFFS. THE ENGINEER DOES NOT GUARANTEE THAT CONSTRUCTION OU
QUANTITIES OR COSTS IN THIS ESTIMATE. THIS ESTIMATE IS NOT TO BE USED BY THE CONT
PURPOSES.
ME
%lam
L�EXCEI�DER031181GO5TE5T.%LS
x