11-0225_HARMONY CALIFORNIA PROPERTIESMEMORANDUM
August 14, 2012
TO: Accounts Payable, Admin Services
FROM: James s Interim Public Works Director
SUBJECT: Grad ng , and Release — Precise Grading for Belle Cliff Tract
1674 /1 749
This memorandum is to authorize the release of the grading bond posted in the amount of
$6825-00 for the Belle
Cliff project for Harmony h
e grading and on-site
improvements that were s cud
red by the bond have been completed to he satisfaction of the
City.
The personal check was posted as the security. I have included a copy of the Surety
Agreement & receipt #20431 for your information. Thanks for your assistance.
Attachments
cc: Afaria Morris, City Clerk .,�
I •
City of San Juan Capistrano
CHECK REQUEST
Administrative Sery secs Department
Address Check to: Name: Harmony California Properties, LLC.
Address: 1880 Compton Ave.
Corona, CA 92881
Check Amount Requested $ 6,825.00
Account No.: 90-00000-23302-00000-238
------------
CHECK TOTAL: $ 6,825.00
Invoice Number.
Check stub to contain the following:
Permit#610-0940
Bond Release
Check Requested By: Employee: Deena Berens
Department: Public Works
Department Approval: James
Transmittal Instructions: Return
Vendor Number:
Warrant Number:
E]Mail:
Other (specify)
Invoice Date: 3/3/2011
Interim Public Works Director
To:
For Administrative Services Use Only
Date: 8/14/2012
Approved: Date:
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Paid By HARMWN T UAUFORNIA PF
CITY OF SAN JUAN CAPISTRANO
32400 Paseo Adelanto
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
Permit Number
B10-0940
Receipt Number
20431
Paid Date
3/3/2011
Check No
100
Payment Method
CHECK
GRADING REFUNDABLE DEPOS!
Contractor , HARMONY CALIFORNIA C
1880 COMPTON AVE.
CORONA CA 92881
Site Address
TRACT 16748 & 16749
Description
Precise Grading for Belle Cliff
Fees
90-00000-23302-00000-238
$6,825.00
rr= WIAL
$6,825.00
GRADING SURETYAGREEMErT
THIS AGREEMENT is made by and between the CITY OF SAN JUAN
municipal corporation, hereinafter referred to as the "City" and
armonyCAPISRANO, a
Properties, LLC a Limited Liability Company referred to as "Developer". California
".
WITNESSETH
WHEREAS, City will issue Grading Permit No B10 -0 p940 to Developer
certain designated improvements which constitute a portion of that real to construct
location of Tract 16748 Lots 35-41 & 16749 Lots 22-29 , commonly referred
at the
Cliff Project. y eferred to as Belle
WHEREAS, San Juan Capistrano Municipal Codes Section 8-2.08 requires the
Posting of financial security to secure the faithful performance and labor and
the grading and Installation of improvements connected with Issuance o materials for
including the construction of drainage and protection devices and an of f grading permits
to remove and eliminate engineering and geological hazards, y her corrective work
WHEREAS, San Juan Capistrano Municipal Code Section 8-2.09 auth
Building Official to require additional bonding as security to ensure onzes the
aesthetic impacts arising from incomplete grading and/or improvements from dev
adverse
Projects which have not been completed, development
WHEREAS, the Building Official finds that the proposed project site i
Prominent and visible to the community, has unique topographic features or s highly
substantial grading of slope areas. involves
NOW, THEREFORE, in consideration of the premises and promises her
contained, City and Developer agree as follows: hereinafter
1 •
De 111'FA
..s Improvements Obligations. Developer shall, at its sole
expense, provide and furnish all labor, materials and equipment for the construction cstand
grading improvements as approved by the City Engineer. The gradin permit of
which describe all the work to be constructed per this agreement, are n file In and plans,
the City's Building Official. the office of
2• Develo ers Securi
Developer shall provide a cash deposit, Certificate oT
Deposit or a bond by a duly authorized corporate sure
Attorney, or as approved b ty subject to the approval
obligations re Y the City Engineer, to secure Developers 'nmprovemen
required under this agreement. t
The amount of the bond shall be $ 6,828,00 for all onsite
approved by the City Engineer. This security shall also sery te grading improvements as
the site. A copy Of approved b
the surety instrument, as a e as security for restoration of
y the City Attorney.
3• Com !etlon of Im rovements. To ensure the
health and welfare, Developer shall construct all said i Protection of the public safety,
schedule as set forth in Exhibit "A" improvements in accordance with the
,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 meas
Best Management Practices (BMP) in Implementing aures within the time required, using
full compliance with Orange 9 Water Quality Management Plan In
(NPDES g County National Pollutant Discharge Elimination System
Storm Water Implementation Agreement and San J y m
Code Section 8-14, or abandons the project she, ors Juan Capistrano Municipal
working days other than previous) suspends work for more than twenty
declare a default and to make demand on the surety shall have the right to immediately
surety for performance.
5• Restoration of Site. San Juan Capistrano Mu
allows the City to require bonding as security to ensure Municipal Code Section 8-2.09
arising from uncompleted against adverse aesthetic Impacts
grading, drainage and/or Improvements which includes illicit non-
storm
o -
stormdrain water discharge. The
a safe and acre Purpose of this bonding shall be to restore the Property n
acceptable condition if the Developer defaults. This restoration s P �� to
not be limited to the following; hall Include but
A. Dismantle and/or demolish improvements;
B. Grade property to its original contours as shown
grading plans. on the approved
C. Remove all debris and construction materials pais from the site; and
D. Install erosion and silt control devices, incl
insure a uniform vegetative cover, or equiva ent staedrng, to
measures which include the use of such Best it
PractiCron
es
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• Attomev� sem, Developer agrees to pay City such sum as the court
judge as reasonable for the legal services of an attorney representin the Ci in an action
may
brought to enforce or interpret the obligations of this agreement, and such s
MAde a part of any judgment in such action against Developer if such de shall be
in favor of said City, action is determined
7• Develoner's Work in Safe Condition. Developer shall perform all work
safe workmanlike manner and shall take such precautions as m �n a
and protect the public from any dangerous condition caused by the construsctio to warn
improvements. n of said
8• Liabil' . Developer shall hold City, its officers, and employees harmless
om
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 or
employees in the performance of this agreement. agents or
In witness whereof, the parties have executed this agreement as of
Z*
Developer
Approved as to Form:
3 3
BY: Nasser Ab
baszadeh, Public Works Director
CALIFORNIA
ACKNOWLEDGMENT
seo�
State of Cali/for�nia 1
County of
On �-0?.� ZA before me,
Personally appeared �7,Z//� �/f,q'a r
Nemo pr al SgryNa —�—
enough the information bom" is NAL
not n:glnred by law it rneyPmre va wue to persons rel in on the
and coaldpreyant braudulentremovalandreattachment of this tor, loarpmer 8 document
Description of Attached Document
document.
Title or Type of Document
Document Date: _12d -yr /A
Signers) Other Than Named Above: Number of Pages: 0,11,
Capacity(ies) Claimed by Signer(s)
Signers Name:
❑ Individual
❑ Corporate Officer—Title(,):
❑ Partner—❑Limited EIGeneral
❑ Attorney in Fact
❑ Trustee 77w lh.b Dere
❑ Guardian or Conservalor
❑ Other:
Signer is RepresenUng:
Signers Name:_
❑ Individual -------- ----
❑ Corporate Officer — Tfie(s):
D Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee r a m mmro ora„
❑ Guardian or Conservator
17 Other:
Signer Is Representing:
who proved tome on the
be the Personbasis of satisfactory evidence tb
(,$)'whose
name,(, ! Wsubscribed to the
within instrument and acknowledged to
me that
he/sheHhey executed the same in his"I'"Aheir authorized
capacity(WesT, and that by hisTIEi their si nature
instrument g (ei"on the
the person
which th e person (ar°r the entity upon behalf of
Gsiacted, executed the instrument.
J R SEAL
NOTcomm.ARYP NO
certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing
1�
f'R•�� i01J
paragraph is
true and correct,
WITNESS my hand and official seal.
Signature
OPT/O
enough the information bom" is NAL
not n:glnred by law it rneyPmre va wue to persons rel in on the
and coaldpreyant braudulentremovalandreattachment of this tor, loarpmer 8 document
Description of Attached Document
document.
Title or Type of Document
Document Date: _12d -yr /A
Signers) Other Than Named Above: Number of Pages: 0,11,
Capacity(ies) Claimed by Signer(s)
Signers Name:
❑ Individual
❑ Corporate Officer—Title(,):
❑ Partner—❑Limited EIGeneral
❑ Attorney in Fact
❑ Trustee 77w lh.b Dere
❑ Guardian or Conservalor
❑ Other:
Signer is RepresenUng:
Signers Name:_
❑ Individual -------- ----
❑ Corporate Officer — Tfie(s):
D Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee r a m mmro ora„
❑ Guardian or Conservator
17 Other:
Signer Is Representing:
EXHIBIT "Alf
SCHEDULE FOR COMPLETION OF IMPROVEMENTS
Comaletton Date
T
MARCH 1, 2012 .
Rough Grade Certification
MAY 1, 2012
Landscape irrigation
MAY 1, 2012
Landscape Planting
EXHIBIT "a, -
CONDITIONS FOR COMPLETION OF IMPROVEMENTS
• The grading for this project shall be In strict conformance with
well as the San Juan Capistrano Municipal Code, the grading plans as
2. Grading operations shall commence within fourteen(14) c
issuance of Grading Permit.( ) alendar days after
Winter grading will be conducted in strict accordance with the dynamic erosion and
silt control plan submitted by the Developer, and approved by the Ciy.
and silt control plan reflects erosion and silt mitigation measures tris erosion
pelted
grading conditions as the work progresses through the winter season and s
be amended except with the permission of the City. hall not
In the event Developer does not wish to implement winter grading,
winter grading is rescinded, static erosion and silt control plans reflecting
c rr for
conditions of grading shall be submitted within ten (10) days of cessation ofent
These plans shall: work.
1. Identify all pollutant sources including sources of sediment that may affect
the quality of storm water discharges associated with the construction
tion
2. Include the erosion and sediment control planting and hydroseedin
insure a uniform vegetative cover or equivalent stabilization measures which
� to
include the use of such Best Management Practices as blankets fiber
matrices, catch basin filters or other erosion resistant soil coverin or
City Engineer.
treatments to the satisfaction of the Cg
r.
3. Suspension in excess of twenty (20) working days of work authori
grading plans and grading permit for subject gropertnincluding
by approved
sediment control measures and landscaping and irrigation, shall co st erosion and
this agreement. nstitute default of
4. The supervising civil engineer and soils engineer shall file biweekly
of all grading operations with the Building Official. An Interim compaction re ress reports
that work completed at the time work Is suspended for the rainy season art' for
shall be
filed with the Building Official. This interim report shall conform to theradin
requirements for final compaction reports. g 9 code
5. Contractor shall control dust to the satisfaction of the Buildinmen w Official
or During grading, Contractor shall keep water truck on site and dampen deputy.
grounds, and loaded trucks. P work area,
6. Grading operations suspended during the rainy season shall be resu
than 15 days from date of suspension termination. med no later
7. Installation of Interim erosion and sediment control devices and systems
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
d
certification. Final erosion and sediment controls devices, planting, landscaping
an
Irrigation systems shall be installed prior to final inspection of the gradin ped
9 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 encroach
issued by the City Engineer. ment permit
10• Parking for construction crew is to be on-site.
va a A vt v[ al N .I VIZI N VhI 10 1 1�N V
32400 Paseo Adelanto
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
- --J • •�•%tvlviv r t;ALIFORNIA PF
IPP.TtYf l+ 1.--
Receipt Number
V
v Iv -VOW
20431
Paid Date
3/3/2011.
Check No
100
Ar
CHECK
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va a A vt v[ al N .I VIZI N VhI 10 1 1�N V
32400 Paseo Adelanto
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
- --J • •�•%tvlviv r t;ALIFORNIA PF
IPP.TtYf l+ 1.--
Receipt Number
V
v Iv -VOW
20431
Paid Date
3/3/2011.
Check No
100
Payment Method
CHECK
GRADING REFUNDABLE DEPOS
Contractor , HARMONY CALIFORNIA C
1880 COMPTON AVE.
CORONA rA
- vwv r
Site Address
TRACT 16748 & 16749
Description
Precise Grading for Belle Cliff
Fees
90-00000 23302-00000-238
$6,825.00
TIT'" -
1VlAL
$6,825.00