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14-0519_SNYDER LANGSTON_Grading Surety Agreement GRADING SURETY AGREEMENT THIS AGREEMENT is made by and between the CITY OF SAES JUAN CAPISTRAN©, a municipal corporation, hereinafter referred to as the "City" and Snyder Langston, LP a Contractor referred to as "Developer". WITNESSETH WHEREAS, City Will issue Offsite Public Improvements Permit leo E14-0052 to Developer to construct certain designated improvements which constitute a portion of that real property at the location of 31001 Rancho Viejo Road, San Juan Capistrano, CA, commonly referred to as Lot 217 Precise Grading. 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. Develo er's lm rovements 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. Grad'ng Surety Agreement, Permit##E 14-0052 Liberty Mutual Insurance Company Bond##24056895 Page 1 of 6 2. Develater'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 $ 147,600 for all Offsite grading & Right of Way 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. 1 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 andfor 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 Grading Surety Agreement, Permit#E14-0052 Liberty Mutual Insurance Company Bond#24056895 Page 2 of 6 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. Developershall 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. Liabilitv. 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 May 19, 2014 Developer: Snyder Langston, LP A California Limited Partnership By: Snyder Langston CO. 11, A California corporation As General Partner By: (Signee) ea'--Pfeiffer (Title) Chief Financial Officer �< Approved s To Form: Hans Van Ligten, City Attorney Grading Surety Agreement, Permit#E14-0052 Liberty Mutual Insurance Company Bond#24056895 Page 3 of 6 EXHIBIT "A" SCHEDULE FOR COMPLETION OF IMPROVEMENTS Completion ®ata Task 1. Demolition of Median Nov 2014 2. New Curb & Cutter Work Nov 2014 3. AJC Paving Dec 2014 4. Sidewalk Construction Dec 2014 Grading Surety Agreement, Permit 9E14-0052 Liberty Mutual Insurance Company Bond#24056895 Page 4 of 6 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) calender 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 U) days of cessation of work. These pians 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 Grading Surety Agreement, Permit#E14-0052 Liberty Mutual insurance Company Bond#24055895 Page 5 of 6 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)clays 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. 11. Exoneration of Bond.- Bond shall be released upon signoff of permit and upon the acceptance of a substitute Payment and Performance band for 10% of the amount of the Engineers Estimate for the One Year Warranty Period from Signoff of the Permit accepting the work for Public Use. 12. Warranty Period: There shall be a one year warranty period as it relates to the scope of work. The start of the warranty period shall commence with the completion of the work covered by this permit and the final signoff by the City of San Juan inspector. Grading Surety Agreement, Permit#E14-052 Liberty Mutual Insurance Company Bond#24056895 Page 6 of 6