13-0424_TUTTLE-CLICK_Grading Surety AgreementMEMORANDUM May 3, 2013
TO: Maria Morris, City Clerk
FROM: Deena Berens— Senior Permit Technician
SUBJECT: Grading Surety Agreement — Tuttle Click Fod Grading B12-0895
Please find attached for your records, the original Grading Surety Agreement forTuttle Click
Ford grading located at 33301 Camino Capistrano and copy of receipt # 32795 showing the
grading deposit in the amount of $35,860.00 for the placement of cash bond.
Attachments
L ORIGINAL
GRADING SURETY AGREEMENT
THIS AGREEMENT is made by and between the CITY OF SAN JUAN CAPISTRANO, a
municipal corporation, hereinafter referred to as the "City" and Tuttle -Click Capistrano
Properties, Inc. referred to as "Developer".
WITNESSETH
WHEREAS, City will issue Grading Permit No B12-0895 to Developer to construct
certain designated improvements which constitute a portion of that real property at the
location of 33301 Camino Capisrtano, commonly referred to as Tuttle -Click Ford.
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.
L) ORIGINAL
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 $ 35,860.00 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
measureswhich include the use of such Best Management Practices
D 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 partof 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
*11 Lit 20 1 ?J
Developer
By: (Signee)
(Title) LZ
to Form:
Public Works Director
EXHIBIT "A"
SCHEDULE FOR COMPLETION OF IMPROVEMENTS
Completion Date
Task
May 30, 2013
Rough Grade Certification
June 15, 2013
Landscape Irrigation
June 15, 2013
Landscape Planting
L)ORIGINAL
EXHIBIT 'B"
CONDITIONS FOR COMPLETION OF IMPROVEMENTS
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 implementwinter 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 engineerand soils engineershall 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
Z2OR1G1NAI
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.
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
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 char. CODs 5 1189
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who proved to me on the basis of satisfactory
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KRISTIN JANE KELLER
subscribed to the within instrument and acknowledged
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I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and l seal.
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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 AttachedOocu an
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02010 Nnllanel Nolery Meonetion • NollanalNalery.onp • 1.800 US NOTAF11 (1 B00 B1668ID) Item 05907
CITY OF SAN JUAN CAPISTRANO
32400 Paseo Adelanto
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
Paid By TUTTLE CLICK'S CAPISTRI Contractor FRIESS COMPANY BUILDE
32332 CAMINO CAPISTRANO
SAN JUAN CAPISTRANO CA 92675
Permit Number
B12-0895
Receipt Number
32795
Paid Date
5/3/2013
Check No
470295
Payment Method
CHECK
GRADING REFUNDABLE DEPOS
Site Address
33301 CAMINO CAPISTRANO
Description
Grading and OS improvement plans
Fees
90-00000-23302-00000-238
FEE TOTAL $35,860.00
$35,860.00