10-0622_ST. MARGARET EPISCOPAL SCHOOL_Grading 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 Saint Margaret of
Scotland Episcopal School, Corporation referred to as "Developer".
WITNESSETH
WHEREAS, City will issue Grading Permit No B10-0361 to Developer to
construct certain designated improvements which constitute a portion of that real
property at the location of Tract 7626 - Lot 81, commonly referred to as 31641 La Novia
(Parking Lot Grading).
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
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 Improvements Obligations. Developer shall, at its sole cost
and expense, provide and furnish all labor, materials and equipment for the construction
of grading improvements as approved by the City Engineer. The grading permit and
plans, which describe all the work to be constructed per this agreement, are on file in
the office of the City's Building Official.
2. Developer's Security. Developer shall provide a cash deposit, Certificate
of Deposit or a bond by a duly authorized corporate surety subject to the approval of the
City Attorney, or as approved by the City Engineer, to secure Developer's improvement
obligations required under this agreement.
The amount of the bond shall be $ 3,636.00 for all onsite grading improvements
as approved by the City Engineer. This security shall also serve as security for
restoration of the site. A copy of the surety instrument, as approved by the City
Attorney.
3. Completion of Improvements. To ensure the protection of the public
safety, health and welfare, Developer shall construct all said improvements in
accordance with the schedule as set forth in Exhibit "A" and the conditions as set forth
in Exhibit "B,F
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 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 a safe and acceptable 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 approved
grading plans.
C. Remove all debris and construction materials from the site; and
D. Install erosion and silt control devices, including hydroseeding, to
insure a uniform vegetative cover, or equivalent stabilization
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 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 any judgment in such action against Developer if such action is determined
in favor of said City.
7. Developers 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
N '2
20 at San Juan Capistrano, California.
Developer City of San Juan Capistrano
By: (Signee)WO"V;° @ By; Sam Shoucair
(Title) era Assistant Public Works Director
Approved a,"to For
, vw
, Iful
By: J. �h n' Shaw
City Attorney
SCHEDULE FOR COMPLETION OF IMPROVEMENTS
Completion Date Task
8/1/2010 Rough Grade Certification
9/1/2010 Landscape Irrigation
9/1/2010 Landscape Planting
EXHIBIT "B"
CONDITIONS FOR COMPLETION OF IMPROVEMENTS
1. The grading for this 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 ('1 Q) 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
default of 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.
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.
CITY OF SAN JUAN CAPISTRANO
32400 Paseo Adelanto
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
Paid By St. Marg. Episcopal School
Permit Number
B10-0361
Receipt Number
15976
Paid Date
6/24/2010
Check No
75838
Payment Method
CHECK
ADMINISTRATIVE EEE
GRADING GEOTECHNICAL REVI
GRADING PERMIT EEE
GRADING REFUNDABLE REPOS
IMPROVEMENT PLAN PROCESS
PERMIT ISSUANCE FEES
PRIVATE INSPECTIONS
Contractor BOONSTRA CONSTRUCTK
3720 Oceanic Way Suite 203
OCEANSIDE CA 92057
Site Address
31641 LA NOVIA AVE
Description
Grading associated wl parking lot/ret walls
Fees
$372.21
01-00000-44214-00000-000 $595.00
01-00000-44231-00000-000 $387.98
90-00000-23302-00000-238 $3,636.00
$1,070.29
$26.33
FEE TOTAL $12,173.26
$6,085.45
MEMORANDUM June 25, 2010
T4: Maria Morris, City Clerk
FROM: Kathy Mahboubian - Permit Technician
SUBJECT: Grading Surety Agreement — 31641 La Novia Ave
St. Margaret School — Temp Modulars
Please find attached for your records, the original Grading Surety Agreement for 31641 La
Novia Ave and the copy of receipt No. 15976 showing the amount of $3,636.00 paid and
placed as a cash grading deposit for temporary classroom modulars grading permit.
Attachment