Loading...
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 rA Ps - -Z. 20 11-A Developer (Title) ei�� ",w, State of California CRVM CODE § i 189 County of t � • � z � �� � � � _-_ On �' ° ` .. ` before me ,d [ A D Grange County , .:0,011 i7ate - Here Insert Name and i'itle of the Officer personally appeared 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 SUSAN M. ALAMILLA Commission # 1974715 Z .P Notary Public - California z , , D Grange County My Carnet. Expires Apr 12, 2Q1 B 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