15-0305_RANCHO SAN JUAN DEVELOPMENT LLC_Grading Surety Agreementoil, 111111111
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 B14-0184 to Developer to construct
certain designated improvements which constitute a portion of that real property at the
location of Tract 16634, Lots 101-114, commonly referred to as Phase 2008 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 sole cost and
expense, provide and furnish all labor, materials and equipment for the construction of
grading improvements as approved by the City Engineer. The grading permit and plans,
which describe all the work to be constructed per this agreement, are on file in the office of
the City's Building Official,
7
2. Develo ers Securit . Developer shall provide a cash deposit, 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.
The amount of the bond shall be $7104.00 for all onsite grading improvements as
approved by the City Engineer. This security shall also serve as security for restoration of
the site. A copy of the surety instrument, as approved by the City Attorney,
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
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subscribed to the within instrument and acknowledged
to me that he/she/they executed the same In
his/her/their authorized capacity(ies), and that by
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I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITLESS my I01 d and officiaksea1.
Signature: E -
-' Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above: _
Capaciity(ies) COalied bySigner(s)
Signer's Name:
G Corporate Officer — Title(s):
E-1 individual
a
C1 Partner — El Limited ❑ General Tap of thumb here
Cj Attorney in Pact
Trustee
* Guardian or Conservator
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Signer Is Representing
Number of Pages:
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711 Partner — Lj- Limited Ll General Top of thumb here
❑ Attorney in Fact
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Signer Is Representing:
* eutu National Notary Association - NationalNotary.org • 1 -800 -US NOTARY (1-800-&76-6$27) Item #5907
SUSAN M. ALAMILLA
Commission # 1974715
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Place Notary Seat Above
Name(s)of
who proved to me on the basis of satisfactory
evidence to be the person,(sj whose name(§)- is/are-
subscribed to the within instrument and acknowledged
to me that he/she/they executed the same In
his/her/their authorized capacity(ies), and that by
his/her/their signature(51 on the instrument the
person(s), or the entity upon behalf of which the
person(§,)` acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITLESS my I01 d and officiaksea1.
Signature: E -
-' Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above: _
Capaciity(ies) COalied bySigner(s)
Signer's Name:
G Corporate Officer — Title(s):
E-1 individual
a
C1 Partner — El Limited ❑ General Tap of thumb here
Cj Attorney in Pact
Trustee
* Guardian or Conservator
11 Other:
Signer Is Representing
Number of Pages:
Signer's name:
0 Corporate Officer — Title(s):
Ci Individual OREM
711 Partner — Lj- Limited Ll General Top of thumb here
❑ Attorney in Fact
,EJ Trustee
El Guardian or Conservator
❑ Other:
Signer Is Representing:
* eutu National Notary Association - NationalNotary.org • 1 -800 -US NOTARY (1-800-&76-6$27) Item #5907
L0,q,1G1jV4L
EXHIBIT "A"
SCHEDULE FOR COMPLETION OF IMPROVEMENTS
Completion Date Task
12/01/2014 Rough Grade Certification
12/01/2014 Landscape Irrigation
12/01/2014 Landscape Planting
) '91'91iV41
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
44
filed with the Building Official. This interim report shall conform to the gradin 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.
IIIE4110RARDitai
TO: Maria Morris, City Clerk
FROM: Deena Berens, Senior Permit Technician
SUBJECT: Precise Grading For Mirador Phase 2B
Please find attached for your records, the original Grading Surety and receipt # 39002 in the
amount of $7,104.00 for the placement of bond for the purpose of grading for Mirador Precise
Grading phase 2B for Woodbridge Pacific, LLC Tract 16634 Lots 101-114 Permit # B14-0'184.
Attachment
_CT ' OF SAN JUAN CAPISTR40
32400 Paseo Adelanto
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
Paid By RANCHO SAN JUAN DEV. L Contractor WOODBRIDGE PACIFIC GF
Permit Number
B14-0184
Receipt Number
39002
Paid Date
5/22/2014
Check No
5760
Payment Method
CHECK
ADMINISTRATIVE FEE
DEVELOPMENT INSPECTIONS
GRADING PERMIT FEE
GRADING REFUNDABLE REPOS:
MICROFILE-DIGITAL FEE
OTHER INSPECTIONS & FEES
PERMIT ISSUANCE FEES
27285 LAS RAMBLAS SUITE 230
MISSION VIEJO CA 92691
Site Address
TRACT 16634
Description
Precise Grade for Phase 2B Mirador Lots 101-114
Fees
[6j�ijlifififfilI!3►.i4i►.atU : a
90-00000-23302-00000-238
01-00000-44230-00000-000
01-00000-44120-00000-000
FEE TOTAL $12,431.34
$299.73
$3,618.54
$300.00
$7,104.00
$114.00
$967.83
$27.24
MEMORANDUM March 3, 2015
TO: Accounts Payable, Financial Services
FROM: Steven Kooyman, Public Works Assistant Director
SUBJECT: Grading Bond Release
Tract 16634 Lots 101.114 Phase 2B Precise Grading
Mirador — Woodbridge Pacific
This memorandum is to authorize the release of the grading bond posted in the amount of
$7,104.00 for the grading for Tract 16634 Lots 101-114 Phase 2B.
The grading and on-site improvements that were secured by the bond have been completed
to the satisfaction of the City.
A company check was posted as the security. i have included a copy of the Surety
Agreement & receipt #39002 for your information.
Attachments
cc: Mina Morns, Cityrk
Cle
City of San Juan Capistrano
CHECK REQUEST .
Administrative Services Department
Address Check to: dame: Woodbridge Pacific Group
Address: 27285 Las Ramblas
Suite 230
MissionVie-o, CA 92681
Check Amount Requested $ 7,104.00
CHECK TOTAL:
Invoice Number:
$ 7,104.00
Permit #1314-0184
Account No.: 90-00000-23302-00000-2.8
Check stub to contain the following: Grading Surety Bond Release
Invoice Date: 5122/2014
Check Requested By: Employee: Deena Berens`€ is
Department: Public Works Date: 3/3{2015
Department Approval: Steve Kooyman, Assistant Director
Transmittal Instructions: Return Check To:
EX Mail:
Other (specify)
For Administrative Services Use Only
Vendor Number:
Warrant Number: Date:
Approved:
9
3/3/15
To Whom It May Concern,
This letter serves as a formal request to release the cash deposit in the amount of $7104.00 pertaining
to Grading Permit No. B14-0184. Permit B14-0184 received a final inspection on 2/26/15.
Please feel free to contact me if you have any questions.
Thank you,
ar6` �✓.
Steve Cunninghalf��'
Assistant Project Manager
Woodbridge Pacific Group
(949)290-2919
31312015
City of San ,Juan Capistrano
2:19:36PiNI
INSPEIC"/'ION ACTIVITY RCS: OWI
Permit No. 1114-0184
,Applied 3/18/2014
.Approved 5%2212.014
Issued 512212.014
Parent Permit No.
Site Address TRACT 16634
,Applicant WOODBRID61' PAC'11 IC (;ROUP INC Lot
Owner RANCHO SAN JUAN D V LLC, Block
Contractor WOODBRIDO. PACIFIC GROUP INC Tract
Description Precise Grade for Phase 213 Mirador Lacs 101-114
,'Votes 600 CY
Scheduled
Completed
Tvne
InSDCCt4r
Result Remarks
Inspector's Comments
BUILDING
FMI
(FMI)
ANAL**
Retaining walls.
6,-2/2014 1:00
6/2/2014
FOOTINGS &
FM1
PAR'T'IAL APPI,
(61212014 4:03 PM FM 1)
STEFL
Foot / steel sideyard ret walls lot 101 &
102,
6/4/2014 LOO
6/4/2014
FOC)TINGS &
FMI
PASSED
(61412014 2:331'M FM I )
STEEi-
Lot 104
6/5/2014
6/5/2014
FOOTINGS &
FML
PASSED
S"I'EF,L
6/12/2014
6/12/2014
lstGROtJTLIFT
FM
PASSED
(6112120141212 PM I'M 1)
Lots 101, 1€12,104Istgrout Iiftret walIs
6/13/2014
6/13/2014
IstGROUTLIFT
Fm
PASS[ -.D
(6/13/2014 3,19 PM FM I)
Lot 107 Ist lift.
612317.014
6/23/2014
DRAINAGE
FMI
PASSED
(612312014 2:32 PM FMI)
Lots 101.102.103.107.
6/23/2014
6/23/2014
WATERPROOF
FMI
PASSED
1/16/2015
1/16/2015
FOOTINGS &
JLI
PASSED
(11€6/2015 3:05 PM JLI)
STI:iI L
retaining wail lot 114
(112672015 3:11 PM JLI)
for grade beam
U2112015
1/21/2015
FOOTINGS &
J1,I
PASSFD
(112U2015 3:45 PM JL, 1)
STEEL
for cassions for lot I l2
1/22/2015
1/22/2015
Isti3ROUTLIFT
Jill
PASSED
(1/2212015 112 PM 3L1)
lot 114
1/23/2015
1/23/2015
FOOTINGS &
JLI
PASSED
(€123(2015 3:10 PM JL 1)
STEEL
grade beast lot 112
1/26/2015
1/26/2015
FOOTINGS &
J1.11
PA SSE -;D
(1/27/2015 3:56 PM ,IIA )
STEEL.,
paperwork for lot 1 12
1/27/2015
1/27/2015
IstGROUTLIFT
JLI
PASSED
(1/2712015 3:55 Plot J11)
lot 112
2!212015
2/2/2015
DRAINAGE
JLI
CORRECT1W
OL -I)
drain not installed
2/4/2015
2/4/2015
DRAINAGE
JL€
PASSED wall I f 2,113
2/26/2015
2/26/2015
GRADING
FM1
FINAL
FINAL"
IN5PI2
CFFY Y O SAN JUAN CAPIS` RANO
32400 Paseo Adclatito
SAN JUAN CAPISTRANO . CA 92675
!9491493-i 171
Paid By RANCHO SAID JUAN DEV. L
Permit Number
Receipt Number
Paid tate
Check No
Payment Method
B14-0184
39002
5/22/2014
5760
CHECK
Contractor WOODBRIDGE PACIFIC GI"
27285 LAS RAMBLAS SUITE 230
MISSION VIEJO CA 92691
Tees
Site Address
TRACT 16634
Description
Precise Grade for Phase 213 Mirador Lots 101-114
TEE TOTAL,
$12,431.34
$299.73
$3,618.54
$300.00
$114.00
$967.83
$27.24