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10-1110_ST. MARGARET EPISCOPAL SCHOOL_Grading Surety Agreement]&,IR ij�x 2AW Z4 THIS AGREEMENT is made by and between the CITY OF SAN JUAN CAPISTRANO, a municipal corporation, hereinafter referred to as the "City" and St. Margaret's Episcopal School of Scottland, referred to as "Developer". WITNESSETH WHEREAS, City will issue Grading Permit No 810-0514 to Developer to construct certain designated improvements which constitute a portion of that real property at the location of 31641 La Novia, commonly referred to as St. Margaret's Performing Art Center and Middle School. 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 Securitv. 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 $ 36,058.00 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 8-14, 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 sail coverings or treatments to satisfaction of the Director of Engineering and Building. & Attorney's Fees. Developer agrees to pay City such sure 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 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 10 , 20 P9 at San Juan Capistrano, California. Developer Y By: (Signee)ILiA`W : m, Siw (Title) " s" 7 .; vA �;. k ok7WZ76 Approved as to Form: . &vQ,4 J a4A&�4 By: Omar Sandoval City Attorney City of San Juan Capistrano By: Sam Shoucair Assistant Public Works Director SCHEDULE FOR COMPLETION OF IMPROVEMENTS Completion Date Task 0113112010 Rough Grade Certification 01131/2012 Landscape Irrigation 01/31/2012 Landscape Planting EXHIBIT "B" air r • r •-• . 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 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. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A�-M-SM State of California County of On before me, Date Here Insert Name and Title of the officer personally appeared who proved to me on the basis of satisfactory evidence to be the persorj(s}- whose names) is/are,subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacjty(jes-), and that by ` his/her/their signature,(s) :, on the Commission # 1723019 DANA SIMOWCIC instrument the person(s), or the entity upon behalf of 6 Not" Pubft -California which the person(8) acted, executed the instrument. ®range County L4vCwm WLkwFeb.1 i& 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Q2007National Notary Association -S350 Do Solo Ave., P.O.BGx 2402-Chaisworlli,CA 91313,2402-vd,,vw.NafionalNotary.org Item 95907 Reorder: Call Toll -Free 1-800-876-6827 WITNESS my/hand and official'..'seal. �V Signature �1, Place Notary Seal Above Signature of Notary Public OPTIONAL 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: Number of Pages: Signer(s) Other Than Named Above; Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: * Individual El Individual * Corporate Officer — Title(s): 0 Corporate Officer — Title(s): El Partner — El Limited 0 General .01 Partner — 0 Limited Ll General * Attorney in Fact 0 Attorney in Fact • * Trustee Top of thumb here [D Trustee Top of thumb here El Guardian or Conservator I-] Guardian or Conservator Fj Other: it Other: Signer Is Representing: Signer Is Representing: Q2007National Notary Association -S350 Do Solo Ave., P.O.BGx 2402-Chaisworlli,CA 91313,2402-vd,,vw.NafionalNotary.org Item 95907 Reorder: Call Toll -Free 1-800-876-6827 December 1, 2010 TO: Maria Morris, City Clerk lk FROM: Deena Berens — Senior Permit Technician e" SUBJECT: Grading Surety Agreement — 31641 La Novia Performing Arts Center & Middleschool Please find attached for your records, the original Grading Surety Agreement for 31641 La Novia and the copy of receipt No. 17593 showing the amount of $36,058.00 paid and placed as a cash grading deposit for the St. Margaret's Performing Arts Center & Middle School grading permit # B10-0514. Attachment C' OF SAN JUAN CAPISTR... 10 32400 Paseo AdeIanto SAN JUAN CAPISTRANO, CA 92675 (949)493-1171 Paid By , SAINT MARGARETS Permit Number B10-0514 Receipt Number 17593 Paid Date 12/l/2010 Check No 78241 Payment Method CHECK ADMINISTRATIVE FEE CONST & DEMO RECYCLING DE DEVELOPMENT CHARGES (DON DEVELOPMENT CHARGES (NON GRADING PERMIT FEE GRADING REFUNDABLE DEPOS] METER & INSTALLATION CHARC NPDES FEES PERMIT ISSUANCE FEES PRIVATE INSPECTIONS Contractor OWNER BUILDER Site Address 31641 LA NOVIA AVE Description Grading & O/S for Performing Arts/Middle School Fees 90-00000-23302-00000-235 01-00000-44231-00000-000 90-00000-23302-00000-238 01-00000-44240-00000-000 FEE TOTAL $229,483,58 $428.85 $955.22 $87,659.98 $67,863.93 $1,622.62 $36,058.00 $2,169.00 $81.71 $26.33 $32,617.94