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15-0414_RANCHO SAN JUAN DEVELOPMENT, LLC_Grading Surety AgreementP 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 Rancho San Juan Development, LLC A Limited Liability Company referred to as "Developer". WITNESSETH WHEREAS, City will issue Grading Permit No B14-1064 to Developer to construct certain designated improvements which constitute a portion of that real property at the location of Tract 16634, Lots 115-120 and 125-140, commonly referred to as Phase 4B Precise Grading - Upper lots. 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 own cost and expense, provide all required tests, design work, equipment, materials and labor in order to make or cause to be made all those works of improvement in the Subdivision required by Title 9 Sections 9-4.101 through 9-4.405 (Subdivisions) of the City Municipal Code (hereinafter referred to as "Code") and shown or described in the improvement plans, specifications and cost estimates entitled "Precise Grading Plan Tract No. 16634 East Canyon, Phase 4B, Lots 115-120 and 125-140" as approved by the City Engineer on 4/9/2015. The grading permit and associated plans with costs, which describe all the work to be constructed pursuant to this Agreement and as required under the Tract Map 16634 Conditions of Approval, are on file in the office of the City's Building Official. 2. Developer's Security. Developer shall provide a cash deposit. Certificate of Deposit or a bond by a duly authorized corporate surety. Such bonds shall be in the form prescribed by the D ORIGINAL Building Official or approved as to form by the City Attorney to secure Developer's improvement obligations required under this Agreement. The total amount of the bond shall be $22,866 for all onsite grading and improvements as approved by the City Engineer. This security shall also serve as security for restoration of the onsite and offsite areas associated with the works of improvement. A copy of the surety instrument (Performance Bond), as approved by the City Attorney, is attached herein. 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 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 A-Pg-TL- ,2015 Developer: Rancho San Juan Development, LLC A Limited Liability Company By: Dfigv^t (Title) t/ik/^ftuWAol City: Approved as to Form: By: City Attorney Hans Van Ligten Accepted: By: Building Official Bret Caulder L CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document. State of California Coun;ty of On ntyof U( QLVQP^ ) k\ ft()o\, v^)^^^ ft)- AlgmAlq, V^S^f)\'^\) Here Insert Name and Title of tine Officer Date personaily appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persorij(8) whose namej(sf(1^/ai*e subscribed to the within instrument and acknowledged to me that ^/she/they executed the same in (^^(her/thelr authorized capacity(i€'s), and that by^nj^hsr/fheir signature(s) on the instrument the personjgf, or the entity upon behaif of which the person];?) acted, executed the instrument. I certify under PENALTY OF PERJURY under the iaws ; of the State of California that the foregoing paragraph '. is true and correct. SUSAN M. ALAMILLA P Commission # 1974715 t Notary Public - California 1 Orange County g My Comm. Expires Apr 12, 2016 L WITNESS my ha Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Thougfi this section is optionai, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: Signer's Name: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: ©2014 National Notary Association • www.NatlonalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT "A" SCHEDULE FOR COMPLETION OF IMPROVEMENTS Completion Date Task 11/23/2015 Erosion Control 11/23/2015 Precise Pad Grade Certification 11/23/2015 Landscape Irrigation 11/23/2015 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. 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. 11. Exoneration of Bonds: Bonds for this Agreement shall be exonerated upon City Approval of the work and permit final. C A EN G I N E E R I N G , 1 N G . PLANNING o ENGINEERING o SLIRVEYINB 5/26/2016 City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, Ca. 92675 REF.: Rancho San Juan Development. SUBJECT: P.G. Cert lots 115-120 & 125-140 (Phase 4B), Tr. 16634 Gentlemen: The precise grading and drainage facilities for the above referenced lots have been graded and installed to within substantial conformance to the approved Precise grading plans. If you have any questions, please do not hesitate to call. 13B2 1 NEWPORT AVE., STE. 1 ID • TUBTIN, CA 9Z7BD • PHONE (949) VZ4-94BD • FAX (949) VZ4-94B4 w WOODBRfDGE PACIFIC GROUP 5/26/16 To Whom It May Concern, This letter serves as a formal request to release the cash deposit in the amount of $22,866,00 perta ining to Grading Permit No. B14-1064. Permit B14-1064 received a final inspection on 5/18/16. Please feel free to contact me if you have any questions. Thank you. Steve Cunningham .^^^ Project Manager Woodbridge Pacific Group (949) 290-2919