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17-0126_ADAM, JIM_Grading Surety AgreementGRADING SURETY AGREEMENT THIS AGREEMENT is made by and between the GITY OF SAN JUAN CAP¡STRANO, a municipal corporation, hereinafter referred to as the "City," and hereinafter referred to as "Developer." Ð onlotNAlWITNESSETH WHEREAS, City will issue Precise Grading Permit No 817-0075 to Developer to construct certain designated improvements upon a portion of that real property located at Tract 17842 Lots 1 & 3-8, San Juan Capistrano, CA, also Hidden Creek. 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 improvemènts 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 lmprovements Obliqations. Developer shall, at its sole cost and expense, provide and furnish all labor, materials and equipmentforthe Projectdepicted on the plans entitled "Precise Grading and Drainage Plan for Precise Grading Tract 17842" as approved by the City Engineer,on l l2J"/zetl 2017. 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 #817-0075 6 t | 4'1 .02 1 00U483 57 4 | .2 Page 1 of I . 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 546,252,80 for ¿J"m*ruggËæl improvements as approved by the City Engineer. This Cash Security shall also serve-ab- security for restoration of the Project site. 3. Completion of lmorovements. 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 "4" and "8" are attached hereto and incorporated herein by this reference. 4. Developer Default. ln the event Develo per 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 lmplementation Agreement and San Juan Capistrano Municipal 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 suretyfor performance of all obligations under this Agreement. 5. Restoration of Site. San Juan Capistrano Municipal Code Section B-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: Dismantle and/or demolish improvements; Grade property to its original contours as shown on the approved grading plans. Remove all debris and construction materials from the site; and lnstall 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 #817-0075 6 | I 4'.7 .02 | 00U483 57 4 t .2 A. B. c D Page 2 of I 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. '?-_¡;. i #Ðft Attornev's Fees. Developer agrees to pay City such sum as the court ^!fatjudge 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 allwork 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. Developerfurther 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 #817-0075 61 147 .02100\2483 57 4 1.2 Page 3 of I SIGNATURE PAGE TO GRADING SURETY AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND J r rrn At=a*¡rçrt lN WITNESS WHEREOF, the parties have executed this Agreement as of 2017 CITY SAN .CAPISTRANO Developer/Owner By (;pa"t Dated Printed Name Tile €)^,'5 n€* fL Approved as to Form By: Jeff Ballinger, City Attorney Printed Name Title Grading Surety Agreement, Permit #817-0075 6 I I 47 .02 100\24 83 57 4 t .2 :,çbwY ¿ è- *T;ÅSuv-¡" By Page 4 of 8 SIGNATURE PAGE TO GRADING SURETY AGREEM BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND ËN!:-1¿ ÙBiGtNAL J r ¡rn Ara¿*nne, lN WTNESS WHEREOF, the parties have executed this Agreement as of 2017 CIW OF SAN JUAN CAPISTRANO DeveloperlOwner ãE: "t--L printed Name îIT*-+ .ÅS** e(L App Carlos Yada, Building Official Dated Jeff Ballinger, Grading Surety Agreement, Permit #81 7-0075 6t 147,02t00u483574t ¿ Printed N Page 4 of I EXHIBIT"A'' SCHEDULE FOR COMPLETION OF IMPROVEMENTS Completion Date 1. Remedial Grading +/tl 2. Start installation of onsite Storm drain work 3. Start & Finish Soil Stabilization work z/11 a/n 4. Drainage System xltl 5. Water Quality Features 1/ t1 6. A/C Paving tL/t1 Ð onbuvat Task Grading Surety Agreement, Permit #817-0075 6 1 | 47 .02 I 00U483 57 4 t .2 Page 5 of I 5. Contractor shall control dust to the satisfaction of the Building Official puty During grading, Contractor shall keep water truck on site and dam grounds, and loaded trucks. Grading operations suspended during the rainy season shall be resumed no later than 15 days from date of suspension termination. lnstallation 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. Finalerosion and sediment controls devices, planting, landscaping and irrigation systems shall be installed prior to final inspection of the grading permit. 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. 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 reduced to 90% upon signoff of precise grading permit. No security given by Developer shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. Nothing herein shall limit the City's rights or the Developer or surety's obligations under this Agreement. 12. Warranty Period: l year from permit signoff by City Grading Surety Agreement, Permit #F17-0075 ¿ 6 7 8 o 61147.02100U483s74t 2 Page 7 of I PU S COST ESTIMATE & QUANTITIES HIDDEN CREEK ESTATES - TRACT No. 17842 CITY OF SAN JUAN CAPISTRANO Precise Grading Ð onbuttat NO.ITEM UNIT QUANTITY UNIT PRICE AMOUNT I Remove Portion of existino concrete road as noted S.F 0 $ 3.00 $ 2 Construct 1200 L.F. of Perimeter Wall. (Per seoarate oermit)L.F 0 $ 50.00 $ 3 Construct Catch Basin per NDS Std. Plan 900 with offset universal inlet (NDS #1245) and 6" Riser (NDS #916). Recommended 9"X9" Square Grate (NDS #980, #990, #999). EA.47 $ 20.00 $940.00 4 Shee+} +..€s------€o€s 5 Construct Curb Opening Catch Bas¡n moditied to accommodate a back opening per A.P.W.A. Plan No. 300-2, W=3.5', V=2.5', to be equipped with fossil filter flo-guard catch basin insert or approved equal. Omit bottom slab per catch basin installation Detail on Sheet 2. EA.$ 4,000.00 $ 6 Construct 6" P.V.C. Pipe, C900, Class 150 or approved equal.L.F 1768 $ 6.00 $ 10.608.00 7 Construct 8" P.V.C. Pipe, C900, Class 150 or approved equal and cradle.EA.I $ 160.00 $ 1,280.00 8 Construct 2-12" P.V.C. Pioe. C900. Class 150 or aooroved eoual L.F 0 $ 18.00 $ I Construct Rio-Rao Pad EA.I $ 120.00 $960.00 10 Protect in Place (Power Poles)EA.3 $ 50.00 $150.00 11 t-R 0 Æe $ 12 Encase 2-12" P.V.C. per Detail on Sheet 2.0 $ 10.00 $ €PiBe eutlet te þeequiBBe*with REM Triten TT3 Treneh Þrain filters +€$------45-ee $ 14 Construct infiltration basin / planter EA.I $ 600.00 $ 4,800.00 4" Sand + 4" Gravel CY 112 s 20.00 $2.240.00 15 Construct rock and qravel swale L.F 360 $ 12.00 $ 4,320.00 16 Construct 3 courses max slouoh wall L.F 600 $ 15.00 $ 9.000.00 17 Construct Slot Drain L.F 50 $ 20.00 $1,000.00 Remove and Recomoact c.Y 1.350 $ 5.00 $ 6.750.00 lmport Fill c.Y 0 $ 2.50 $ Subtotal 107o contengency Total $ 42,048.00 $4,204.80 $ 46,252.80 H101 4\21 4-009 Adam\Eng\lmp\Estimate\2o1 7-01 -25 Prec¡se.xls 1t25t2017