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
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. 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
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A.
B.
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Page 2 of I
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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
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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
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printed Name îIT*-+ .ÅS**
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App
Carlos Yada, Building Official
Dated
Jeff Ballinger,
Grading Surety Agreement, Permit #81 7-0075
6t 147,02t00u483574t ¿
Printed N
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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
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Task
Grading Surety Agreement, Permit #817-0075
6 1 | 47 .02 I 00U483 57 4 t .2
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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
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61147.02100U483s74t 2
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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