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
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By: (Signee)ILiA`W : m, Siw
(Title) " s" 7 .; vA �;. k ok7WZ76
Approved as to Form:
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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.
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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