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16-1212_MOELKE, BRIAN_Grading Surety AgreementDDRIGINAL 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 Brian Moelke hereinafter referred to as "Developer." WITNESSETH WHEREAS, City will issue Precise Grading Permit No 816-0932 to Developer to construct certain designated improvements upon a portion of that real property located at Tract 31421 Via Las Palmas, San Juan Capistrano, CA, also known as Lot 39, Tract 13025 ("Project"). WHEREAS, San Juan Capistrano Municipal Code Section 8-2.08 requires the posting of financial security to secure the faithful performance for the grading and installation of related 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 Project depicted on the plans entitled "Precise Grading and Drainage Plan for Moelke Residence" as approved by the City Engineer, on ~ b.tv 1'2-th , 2016. The grading permit and plans, which describe all the work to be constructed pursuant to this Agreement, are on file in the office of the City's Building Official. Grading Surety Agreement, Permit #816-00932 61147 .02100\24835741.2 Page 1 of 8 2 . Developer's Security. Developer shall provide a cash deposit, irrevocable letter of credit, 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 ("Security"). The amount of the Cash Security shall be $50,976 for all onsite grading improvements as approved by the City Engineer. This Cash Security shall also serve as security for restoration of the Project site. 3. Completion of Improvements. To ensure the protection of the public safety, health and welfare, Developer shall construct the Project in accordance with the schedule as set forth in Exhibit "A", and the estimate as set forth in Exhibit "B". Exhibits "A" and "B" are attached hereto and incorporated herein by this reference. 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 Munic ipal Code Section 8-14 , or abandons the Project site , or suspends work for more than twenty (20) working days without written approval of the City , City shall have the right to immediately declare a default and to make demand on Developer's surety for performance of all obligations under this Agreement. 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 incomplete grading, drainage and/or improvements which includes illicit non - storm drain water discharge . The purpose of this security shall be to restore the property to a safe and acceptable condition in the event 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 Grading Surety .Agreement, Permit #816-00932 6 1147 .02 100\24 83574 1.2 Page 2 of 8 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 the 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 Project. 8. Liability. City, its officials, officers, employees, agents, and volunteers shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of Developer, its agents or employees in the performance of this Agreement. Developer further agrees to protect, indemnify, and hold harmless City, its officials, officers, employees, agents, and volunteers from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, the alleged acts or omissions of Developer, its agents or employees in the performance of this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design or construction of the Project. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said Project, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction of drainage systems, streets and other improvements. SIGNATURES ON FOLLOWING PAGE Grading Surety Agreement, Permit #816-00932 61147 .02100124835741 .2 Page 3 of8 SIGNATURE PAGE TO GRADING SURETY AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND Brian Moelke IN WITNESS WHEREOF, the parties have executed this Agreement as of NO Brian Moelke -rc:::;. .(_r-=-~ \7 Grading Surety Agreement, Permit •816-00932 61147.02100\2483:5741.2 Printed Name "13cu. '-.l3, K~ Title £:2\.y~~ Printed Name ________ _ Title ------------ Page 4of8 E X H I B I T "A" SCHEDULE FOR COMPLETION OF IMPROVEMENTS 1. Complete rough grading 2. Start installation of onsite Storm drain work 3. Start & Finish Soil Stabilization work 4. Curb & Gutter work 5. Walks, Railings & Fences 6. AIC Paving Grading Surety Agreement, Permit #816-00932 61147.02100\24135741.2 Completion Date \L./1 /h .. _jO(I/IJ • Page 5 of8 E X H I B I T "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 (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 . Grading Surety Agreement , Permit #816-00932 61147.02100\24135741.2 Page 6 of8 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 Security: Developer's security shall be 100 % returned upon signoff of precise grading permit. Grading Surety Agreement, Permit #816-0932 61147.02100\24835741.2 Page 7 of 8 TOAL ENOINEERINO, INC. CIVIL JlNOINf!l!llS, LAND PLANNERS AND LAND SUilVI!YOilS 139 A VI!NIDA NA V AllllO SAN CLEMENTI!, CA 9l672 (949) 492·1516 PAX (949) 49t.U~S llA YMOND R TOAL, llCE 16119 OL.A V S MEUM, LS 4314 MICHAI!L A Rem!, LS 6~ II Prellml•ary Construetlon Coat Estimate (For bonding purposes) Job Description -Precise Grading Plan Moelke Residence Job Address -31421 Via Las Palmas, San Juan Capistrano, California Job Number-16121 Estimated Unit Item Description Quantity Unit Price Grading 1 Excavation & Embankment 180 cy $8.00 2 Overexavation/Recompaction 125 cy $5.50 3 Export 90 cy $9.00 Subtotal Site Improvements 1 Construct concrete hardscape 870 sf $5.00 2 Construct pervious pavers driveway 860 sf $8.00 3 Construct pervious pavers hardscape 540 sf $7.00 4 4" pipe drain system 370 If SIS.OO 5 3" pipe drain system 12 If $15.00 6 6" pipe drain system liS If $15.00 7 6" atrium drain 10 ea $75.00 8 6" deck drain 7 ea $75.00 9 8" deck drain 3 ea $90.00 10 12" atrium drain ea $100.00 11 12"xl2" cone. Box 2 ea $200.00 12 Sump pwnp I ca $2,000.00 13 force main so ea SiS.OO 14 Install downspout splash block 7 If $20.00 IS Construct 3" outlet thru rolled curb 3 ea $500.00 16 Install subdrain 80 If $16.00 17 Stabilized construction exit ea $450.00 18 Material Storasc Area ea $300.00 19 Wutc Storage Area ea $500.00 20 Concrete Washout Area I ea $2,000.00 21 Gravelbaas 450 sf $1.50 sum-Jilt Estimated Construction Cost 10% Contingency Total Estimated Construetlon Cost Pl4#1.. PNJT~;r;...UAA9;r ~l·(; 6,ot~~ 10/14/2016 Amount $1,440.00 $3,981.50 $810.00 $6,237.50 $4,350.00 $6,880.00 $3,780.00 $5,550.00 $180.00 $1,725.00 $750 .00 $525.00 $270 .00 $100.00 $400.00 $2,000.00 $750.00 $140.00 $1,500.00 $1,280.00 $450.00 $300.00 $500.00 $2,000.00 $67$.00 $~.195.98 ~ '/OJIO~ .;o $46;'3-42.56 -1 ~/J'f?. .s-o '-4~s F J,fJIPJ"/. -z..S 544~1 f >OJq7~· 7)