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15-0414_RANCHO SAN JUAN DEVELOPMENT LLC_Memo from Bldg DeptMEMORANDUM May 31, 2016 TO: Accounts Payable, Financial Services FROM: Steve May , Public Works & Utilities Directcr^^"^ SUBJECT: Grading Bond Release Rancho San Juan - Precise Grading Phase 4 This memorandum is to authorize the release cf the grading bond posted in the amount cf $22,866.00 for the grading for Rancho San Juan Phase 4B Tract 16634 Lots 115-120 & 125- 140. The grading and on-site improvements that were secured by the bond have been completed to the satisfaction cf the City. A company check was posted as the security. I have included a copy cf the Surety Agreement & receipt #44621 for your information. Attachments •'GO: Maria Morris, City Clerk City of San Juan Capistrano CHECK REQUEST Address Check to: Administrative Services Department Name: Rancho San Juan Development, LLC. Address: 27285 Las Ramblas, Suite 230 Mission Viejc, OA 92691 Check Amount Requested $ 22,866.00 Account Nc: 90-00000-23302-00000-238 CHECK TOTAL: $ 22,866.00 Invoice Number: B14-1064 Invoice Date: 4/14/2015 Check stub to contain the fcllcwing: Grading Surety Bond Release Tract 16634 Phase 4B Lots 115-1 Check Requested By: Employee: Steve May ^J^^^Jju^ 1/^^^^ Department: Public Works Department Department Approval: Date: 5/31/2016 Transmittal instructions: \n Check To X Mail: Other (specify) For Administrative Services Use Only Vendor Number: Warrant Number: Approved: Date: CAENGDNEERING, INCn PLANNING ® ENGINEERING ® SURVEYING 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 o TUBTIN, CA SZVBD " PHONE C94-9) •7Z4-94BO o FAX OAS) VZ4-94B4 WOODBRIDGE PACIFIC GROUP 5/26/16 To Whom It May Concern, This letter serves as a format request to release the cash deposit in the amount of $22,866.00 pertaining to Grading Permit No. B14-1064. Permit B14-1064 received a final inspection on 5/18/16. Please fee! free to contact me if you have any questions. Thank you. Steve Cunningham .^^^ project Manager Woodbridge Pacific Group (949) 290-2919 CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto SAN JUAN CAPISTRANO, CA 92675 19491 493-1171 Paid By RANCHO SAN JUAN DEV. L Contractor WOODBRIDGE PACiFIC GF 27285 LAS RAMBLAS SUITE #230 MISSION VIEJO OA 92691 Permit Number Receipt Number Paid Date Check No Payment Method B14-1064 44621 4/14/2015 6671 CHECK Site Address TRACT 16634 Lots 115-120 125-140 Description Precise Grading for Phase 4B Lots 115-210 & 125-140 Fees 'FCRADIING-REEUHDABLE DEPOSlJ T0=00000-233Q2-00"0O0T236SBHWsa. FEE TOTAL $22,866.00 5/31/2016 7:48:07AM Permit No. B14-1064 Applied 11/13/2014 Approved 4/14/2015 Issued 4/16/2015 Parent Permit No. City of San Juan Capistrano INSPECTION ACTIVITY REPORT Site Address TRACT 16634 Lots 115-120 125-140 Applicant WOODBRIDGE PACIFIC GROUP LLC Lot Owner RANCHO .SAN JUAN DEV. LLC, Block Contractor WOODBRIDGE PACIFIC CROUP LLC Tract Description Precise Grading for Phase 4B Lots 115-210& 125-140 Notes Page Scheduled Comnleted Tvne Insnector Result Remarks Inspector's Comments 4/23/2015 4/23/2015 4/27/2015 9:00 4/27/2015 5/1/2015 5/1/2015 5/7/2015 5/7/2015 5/8/2015 1:00 5/8/2015 5/11/2015 5/11/2015 5/12/2015 5/12/2015 5/13/2015 5/18/2015 5/19/2015 5/20/2015 5/27/2015 6/1/2015 6/4/2015 5/13/2016 5/12/2015 5/12/2015 5/13/2015 5/18/2015 5/19/2015 5/20/2015 5/27/2015 6/1/2015 6/4/2015 5/13/2016 FOOTINGS & STEEL FOOTINGS & STEEL FOOTINGS & STEEL IstCROUTLlFT IstCROUTLlFT 2NDCR0UTL1FT FOOTINGS & STEEL IstCROUTLlFT FOOTINGS & STEEL FOOTINGS & STEEL FOOTINGS & STEEL FOOTINGS & STEEL IstCROUTLlFT 2NDGR0UTLIFT DRAINAGE GRADING FINAL** JLl JLl FMl JLl JLl JLl JLl JLl JLl JLl JLl JLl FMl JLl JLl JP2 JP2 CORRECTION; PASSED PASSED PASSED CORRECTION; PASSED PARTIAL APPF PASSED PASSED PASSED CORRECTION; PASSED PASSED PASSED PASSED CANCELED 115-120 & 125-140 (JLl) not ready (JLl) lot 116 (FMl) Lot 136 ret wall footing/steel (JLl) lot 116 (JLl) lot 136 (JLl) cassionslot 116 (JLl) lot 136 (JLl) lot 136 (JLl) cassions for lot 130 (FMl) lot 118,130,133 pre grout 1st lift. (JLl) lot 133 (JLl) lots 118 and 130 INSPI2 CtiWsYSTEMS 0 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 ail 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 9 20R/G//VAL 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 ercsicn resistant soil coverings or treatments to satisfaction cf the Director cf Engineering and Building. 6. Attcrnev's Fees. Developer agrees to pay City such sum as the court may judge as reasonable for the legal services cf an attorney representing the City in an action brought to enforce or interpretthe 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-paTDi- \'A , 2015 Developer: Rancho San Juan Development, LLC A Limited Liability Company By: Dfiuvq \ikit^ , (Title) \Jm^^AA<2MP^ City: Approved as to Form: Accepted: By: City Attorney By: Building Official Hans Van Ligten Bret Caulder 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 cf that document. State of California County of On ) fipn\G before mo. .^0^0.0 (n.mamok; Date porsonaily appeared Here Insert Name and Title of tfie Officer Name(s) ofSigner(s) who proved to mo on the basis of satisfactory evidence to bo the porscri(8f| whoso name^idl/etre subscribed to the within instrument and acknowledged to me that (ni/she/they executed the same in (^^ber/tlTSfr authorized capacity(te's), and that by(ni^her7ffieFslgnature(s) on the instrument the perscnjjsf, or the entity upon behalf of which the personj^ acted, executed the instrument SUSAN M. ALAMILLA £ Commission # 1974715 t Notary Public - California 1 Orange County g My Comm. Expires Apr 12, 20161 I certify under PENALTY OF PERJURY under the laws of the State of Caiifornia that the foregoing paragraph is true and correct. WITNESS my hai Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Tfiough this section is optional, 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: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Document Date: • Corporate Officer — Titie(s):. • Partner — • Limited • Oeneral • individual • Attorney in Fact • Trustee • Guardian or Ccnservator • Other: Signer is Representing: Signer's Name: • Corporate Officer — Titie(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: ©2014 National Notary Association • www.NationaiNotary.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 irrigaticn 11/23/2015 Landscape Planting EXHIBIT "B" 4z CONDITIONS FOR COMPLETION OF IMPROVEMENTS 1. The grading for this project shall be in strict ccnfcrmance with the grading plans as well as the San Juan Capistrano Municipal Code. 2. Grading operations shall ccmmence 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 cf the City. In the event Developer does not wish to implement winter grading, or permission for winter grading is rescinded, static erosion and silt centre! plans reflecting current conditions of grading shall be submitted within ten (10) days cf cessation cf wcrk. These plans shall: 1. Identify all pollutant sources including sources cf sediment that may affect the quality cf storm water discharges associated with the ccnstructicn activity. 2. Include the erosion and sediment centre! planting and hydroseeding to insure a uniform vegetative cover or equivalent stabilization measures which include the use cf 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 irrigaticn, shall constitute default cf this agreement. 4. The supervising civil engineer and soils engineer shall file biweekly prcgress repcrts cf all grading operations with the Building Official. An interim compaction report, for that work completed at the time work is suspended for the rainy seascn, shall be filed with the Building Official. This interim report shall conform to the grading code requirements for final compaction repcrts. 5. Contractor shall control dust to the satisfaction of the Building Official or his deputy. During grading, Ocntractor shall keep water truck on site and dampen wcrk 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 forthis Agreement shall be exonerated upon City Approval of the work and permit final.