11-0225_HARMONY CALIFORNIA PROPERTIES_Grading Surety AgreementTHIS AGREEMENT is made by and between the CITY OF SAN JUAN CAPISTRANO, a
municipal corporation, hereinafter referred to as the "City" and Harmony California
Properties, LLC a Limited Liability Company referred to as "Developer".
WITNESSETH
WHEREAS, City will issue Grading Permit No B10-0940 to Developer to construct
certain designated improvements which constitute a portion of that real property at the
location of Tract 16748 Lots 35-41 & 16749 tots 22-29 , commonly referred to as Belle
Cliff Project.
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.
a,
2. Developer's Security. Developer shall provide a cash deposit, Certificate or
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 $ 6,825.00 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 p 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
measures which include the use of such Best Management Practices
Z) ORIGINAL
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 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 11
Approved as to Form:
.7 1
By: Nasser Abbaszadeh, Public Works Director
L'014"GIAIAL
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of_
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Late Hare Ir?sodt Name and iflc of Ire 01 icer
personally appeared
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COMM. NO. 185704%1
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who proved to me on the basis of satisfactory evidence to
be the personwhose rtarrtej islsubscribed to the
within instrument and acknowledged to me that
he/s4�i executed the sayne in his/her authorized
eapacit :` ,, and that by his/_rwat4eir sigrtature(�on the
instrument the persorl(a�'or the entity upon behalf of
which the personKacted, executed the instrument.
I certity under PENN "Y OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hard and official seal.
Signature.._...._.. ..- - -
6igr3atuir, of otary r'uialie
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 i"orm to another document.
Descrfpilan of Attached Document
Title or Type of Document: -_...._%,,�.91��'vc'l-Gl�,�_ � �oz1��--
Document Date: .... Number of ages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:_—_.... . .......
LJ Individual
I Corporate Officer—
C ; Partner — C:'l Limited t:.J General
I --i Attorney in Fact
L.J Trustee
L-1 Guardian or Conservator
LJ Other:
Signer Is Representing:
Signer's Na€ ne:-- ------- ------
LJ Individual
_:J Corporate Officer ---Title(s):
1,J Partner—!.::I I..united L:::. -I General
Attorney in Fact
C I Trustee
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Signer Is Representing
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EXHIBIT "A"
SCHEDULE FOR COMPLETION OF IMPROVEMENTS
Completion Date
MARCH 1, 2012
MAY 1, 2012
Task
Rough Grade Certification
Landscape Irrigation
MAY 1, 2012 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 (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.
1 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.
CF ." OF SAN JUAN GAITS T R. 10
32400 Paseo Adelantn
SAN JUAN CAP�ISTRANO, CA 92675
(949) 493-1171
Paid By HARMONY CALIFORNIA PF Contractor , HARMONY CALIFORNIA C
1880 COMPTON AVE.
CORONA CA 92881
Permit Number
B10-0940
Receipt Number
20431
Paid Date
3/3/2011
Check No
100
Payment Method
CHECK
GRADING REFUNDABLE DEPOS11
FEE TOTAL
Site Address
TRACT 16748 & 16749
Description
Precise Grading for Belle Cliff
Fees
90-00000-23302-00000-238 $6,825.00
$6,825.00
MEMORANDUM March 7, 2011
TO: Maria Morris, City Clerk
FROM. Deena Berens, Senior Permit Technician
SUBJECT: Cash Bond, Precise Grading for Belle Cliff
Tract 16748 & 16749, 15 Lots Precise Grade
Please find attached for your records, the original Grading Surety Agreement and receipt #
20431 in the amount of $6,825.00 for the placement of bond for the purpose of grading for
Belle Cliff — Production Precise Grading for Harmony California Properties.
Attachment