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13-0104_KIA SERVICE BUILDING_Grading Surety AgreementMEMORANDUM December 10, 2013 TO: Accounts Payable, Financial Services FROM: Keith Van Der Maaten, Public Works & Utilities Directo~ SUBJECT: Grading Bond Release -KIA Service Building 33621 Camino Capistrano-B12-0827 ---------------------------------------------------------------------------------------------------------------------------------------------- This memorandum is to authorize the release of the grading bond posted in the amount of $8,338.00 for the grading at 33621 Camino Capistrano. The grading and on-site improvements that were secured by the bond have been completed to the satisfaction of the City. A company check was posted as the security. I have included a copy of the Surety Agreement & receipt #29487 for your information. Thanks for your assistance. Attachments cc: Maria Morris, City Clerk City of San Juan Capistrano CHECK REQUEST Administrative Services Department -Address Check to: Name: .. WESELOH FAMILY LIMITED PARTNERSHIP Address: 5335 Paseo Del Norte Carsbad, CA 92008 Attn: Mike Weseloh Check Amount Requested $ 8,338.00 Account No.: 90-00000-23302-00000-238 CHECK TOTAL: $ 8,338.00 Invoice Number: 812,-0827 . Invoice Date: 1/3/2013 ------ Check stub to contain the following: Grading Surety Bond Release --~---------------------------------------- Check Requested By: Employee: Deena Berens ---------------+~~~----------------------- Department: Public Works & Umities Date: 12/10/2013 -----~..;.. Department Approval: KeHh Van Der Maaten cttaJ Transmittal Instructions: 0Return Check To: (!]Mail: Oother (specify) For Administrative Services Use Only Vendor Number: Warrant Number: Date: Approved: CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto SAN JUAN CAPISTRANO, CA 92675 (949) 493-1 I 71 Paid By WESELOH FAMILY L TO PTI Contractor JOHN SYDNEY MORGAN Jl 28542 SILVERTON DRIVE LAGUNA NIGUEL Permit Number 812-0827 Site Address Receipt Number 29487 33621 CAMINO CAPISTRANO Paid Date 1/3/2013 Check No 1268 Payment Method CHECK Description Grading and os improvements Fees GRADING REFUNDABLE DEPOS 90-00000-23302-00000-238 FEE TOTAL $8,338.00 CA 92677 $8,338.00 00RIGINAL 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 Weseloh Family L TO Partnership referred to as "Developer". WITNESSETH WHEREAS, City will issue Grading Permit No B 12-0827 to Developer to construct certain designated improvements which constitute a portion of that real property at the location of 33621 Camino Capistrano, commonly referred to as KIA Service Building. 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. /... • R;Gif114£ 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$ 8,338.00 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 measures which include the use of such Best Management Practices OORfGINAL 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 January 4, 2013 By: (Title) ________ _ James Ross, Interim Public Works Director All Purpose Acknowledgement State of Ca.. / /t,: f\; '- County of 0 V'~ 9 Q ; on __ /_·-~Lf_-_/_3_---J before me, ___:__;_M~/-"---!(/_:._1 ~a . ..:....:...rYI~A-+-:-.-,s,._( CL~I.)&:;......,;0:.__6 _( _._J (date) (notary) I personally appeared. __ L~e......:-l_e..;;....;....v __ D_, __ w_e_~_~_{_a_~_· ____ --J (signers) 1l personally known to me -OR -0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that (seal) he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument OPTIONAL INFORMATION The infonnation below is not !'J!Quired by law. However, it could prevent fraudulent attachment of this acknowledgement to an unauthorized document. CAPACilY CLAIMED BY SIGNER (PRINCIPAL) 0 Individual 0 Corporation Officer title(s) • Partner(s) 0 Attorney-In-Fad 0 Trustee(s) 0 Guardian/Conservator 0 Other: SIGNER IS REPRESENTING: Name of Person(s) OR Entity(ies) DESCRIPTION OF ATTACHED DOCUMENT J3&-t1» . Title or Type of Document Number of Pages 0/-Dl(-13 Date of Document Other Right Thumbprint of Signer (if required) EXHIBIT "A" SCHEDULE FOR COMPLETION OF IMPROVEMENTS Completion Date Jan. 15,2013 Rough Grade Certification May 30, 2013 Landscape Irrigation May 30, 2013 Landscape Planting -) EXHIBIT "B" "'"" Vlf!Gtllt4L. 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 (1 0) 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.