Loading...
11-0125_ST. MARGARET EPISCOPAL SCHOOL_Grading Surety AgreementMEMORANDUM January 27, 2011 TO: Maria Morris, City Clerk FROM: Deena Berens — Senior Permit Technician ` SUBJECT: Grading Surety Agreement --- 27600 Calle Arroyo - St. Margaret's Please find attached for your records, the original Grading Surety Agreement for 27600 Calle Arroyo showing the amount of $4,730.00 placed as a cash grading deposit for the Ganado Parking Lot grading permit # 810-0921 and a copy of receipt # 19929. Attachment 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 Shool, Corporation referred to as "Developer". WITNESSETH WHEREAS, City will issue Grading Permit No B10-0921 to Developer to construct certain designated improvements which constitute a portion of that real property at the location of 27600 Calle Arroyo, commonly referred to as Ganado Parking Lot). 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: I. Developers Improvements Obligation . 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 $ 4730.00 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". 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 8-94, 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. Developer's Work in Safe Condition. Developer shall perform all wont in a safe workmanlike manner and shall take such precautions as may be necessary to wam and protect the public from any dangerous condition caused by the construction of said improvements. 8. Lia bility. 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 -' , 26 Developer By: (Signee) AON i� &44 (Title) ' f --'NN CA ! Approved as to Form: By: Nasser Abbaszadeh, Public Works Director EXHIBIT "JO" SCHEDULE FOR COMPLETION OF IMPROVEMENTS Completion Date Task 3/15/11 Rough Grade Certification 4/30/11 Landscape Irrigation 5/15/11 Landscape Planting ■ ; 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 (10) days of cessation of work. These }dans 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. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On before me,� Date Here Insert Nae and Title of the Otic personally appeared Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the perso%Wwhose namep is/are-subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/ftir authorized capacity(loW, and that by his/herAheir signature�61 on the instrument the person, or the entity upon behalf of which the persogo acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNES y and�ay�nd official sea[. Signature ''_ . Signalure of Notary Puhlic OPTION, Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document, Description of Attached Document Title or Type of Document: Document Date; Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _ ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner — ❑ Limfted ❑ General ❑ Attorney in Fact El Trustee ❑ Guardian or Conservator Ll Other: Signer Is Representing: RiGtiTTHUMBPRINT OF.. SIGNERTop of thumb here ....... . Number of Pages: Signer's Name: D Individual ❑ Corporate Officer — Title(s): — ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee El Guardian or Conservator Other: .............................................................................. Signor Is Representing RIGHTTHCtiV BPRIIV1 OF SIGNER © 2007 National Notary Association • 9350 De Soto Ave., RO. Box 2402 -Chatsworth, CA 91313-2402 • www.NationalNotaryorg Item tt5907 Reorder: Gall TM -Free 1.800-876.6827 CI` 'OF SAN JUAN CAPISZ R1 TO 32400 Paseo Adelanto SAN JUAN CAPISTRANO, CA 92675 776 (949)493-1171 Paid By ST. MARGARET'S OF SCOT Contractor owner builder Permit Number B10-0921 Site Address Receipt Number 19929 27600 CALLE ARROYO Paid Date 1/27/2011 Description Check No 79063 Ganado parking lot grading plans Payment Method CHECK Fees ADMINISTRATIVE FEE $372.21 GRADING PERMIT FEE 01-00000-44231-00000-000 $387.98 GRADING REFUNDABLE DEPO& 90-00000-23302-00000-238 $4,730.00 NPDES FEES 01-00000-44240-00000-000 $29.84 PERMIT ISSUANCE FEES $26.33 PRIVATE INSPECTIONS $4,286.46 FEE TOTAL $9,832.81