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03-0616_NEW CASTLE BUILDERS_Surety Agreement0 0 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 New Castle Builders, a Sole Proprietor, referred to as "Developer". WITNESSETH WHEREAS, Citywill issue Grading Permit No. 46930 to Developerto construct certain designated improvements, more particularly described in Exhibit "A" attached and incorporated herein by reference, which said improvements constitute a portion of that real property atthe location of Tract 5962 Lot 5, APN 650-031-06, commonly referred to as 29312 Spotted Bull Way. WHEREAS, San Juan Capistrano Municipal Codes Section 8-2.08 requires the posting of financial security to secure the faithful performance and laborand materials forthe 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 installation of improvements set forth in Exhibit "A". The grading permit and plans, which further defines the 9 0 improvements in Exhibit "A", are on file in the office of the City's Building Official, and all documents referenced in Exhibit "A" are incorporated herein by reference. 2. Developer's Security. Developer shall provide a check, #1116, drawn on Wells Fargo Bank Account #2012460259 subject to the approval of the City Attorney, to secure Developer's improvement obligations required under this agreement. The amount of the bond shall be $5,563.00 for that work described in Exhibit "A". This security of $5,563.00 shall also serve as security for restoration of the site. A copy of the surety instrument, as approved by the City Attorney, is attached as Exhibit "D". 3. Completion of Improvements. To ensure the protection of the public safety, health and welfare, Developer shall constructthe improvements described in Exhibit "A" in accordance with the schedule as set forth in Exhibit "B", and the conditions as set forth in Exhibit "C". 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 rightto immediately declare a default and to make demand on the surety for performance. 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 its original 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 grading plan referred to in Exhibit "A"; C. Remove all debris and construction materials from the site; and 9 0 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 courtmayjudge as reasonable forthe 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 anyjudgment in such action against Developer if such action is determined in favorof 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. Liabili . 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 j6ik - 14a , 2003 at San Juan Capistrano, California. D elope City of San Juan Capistrano B Saeed Asadi (Sonny) By: Daniel W. Mc arland New Castle Builders, Principal Building Official Approved as to Form: v4ajv� By: John haw City Attorney 0 0 EXHIBIT "A" Tract 5962 Lot 5 29312 Spotted Bull Way Item 1: Construction of all on-site grading (cut, fill and slope stabilization) operations in accordance with Grading Permit No. 46930 and the Developer's plans and supporting documents as listed below: (A) Grading Plan for McGiffin Residence, dated April 11, 2003, prepared by H.K. And Associates, Michael H. Khoylou, RCE No. 36700. (B) No Geotechnical Report for McGiffin Residence required. Item 2: Construction of all on-site improvements in accordance with Grading Permit No. 46930 and Developer's grading plans referenced in Item 1 above, including, but not limited to: driveways, parking areas, retaining walls, erosion and silt control, terrace drains, down drains, sub -drains, area drainage systems, and private storm drain systems not a part of Developer's Improvement Plans filed with the City Engineer. 0 0 EXHIBIT "B" SCHEDULE FOR COMPLETION OF IMPROVEMENTS Completion Date September 2003 December 2004 Task Rough Grade Certification Landscape Irrigation December 2004 Landscape Planting 0 EXHIBIT "C" 0 CONDITIONS FOR COMPLETION OF IMPROVEMENTS A. The grading forthis project shall be in strict conformance with the grading plans and related documents as described in Exhibit "A" and Grading Permit No. 46930. B. Grading operations shall commence within fourteen (14)calendar days after issuance of Grading Permit No. 46930. Winter grading will be conducted in strict accordance with the dynamic erosion and silt control plan submitted by the Developer, and approved bythe 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 Developerdoes notwish 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. C. A sequence plan of grading operations shall be approved by the City prior to the issuance of any grading permit for this project. Any variation or deviation in the sequence of operations must be recommended, in writing, by the supervising civil and soils engineers and approved by the Building Official prior to performing any work related to the variation or deviation. D. The supervising civil engineerand soils engineershall file biweekly progress reports of all grading operations with the Building Official. An interim compaction report, for thatwork completed atthetimework is suspended forthe rainyseason, shall befiled 0 0 with the Building Official. This interim report shall conform to the grading code requirements for final compaction reports. E. 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. F. Grading operations suspended during the rainy season shall be resumed no laterthan 15 days from date of suspension termination. G. 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 grade certification. Final erosion and sediment control devices, planting, landscaping and irrigation systems shall be installed prior to final inspection of the grading permit. H. 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. I. Contractor shall adhere to conditions of haul route permit and encroachment permit issued by the City Engineer. J. Parking for construction crew is to be on-site. PAY TO THE ORDER OF— 0 NEW CASTLE BUILDERS 301 ALIENTO 949-888-5898 RANCHO SANTA MARGARITA, CA 92688 Wells Fargo Bank N.A. California www.wellsfargoxom is 12 2000 24 4': 20 121, 25 11220 4753 1116 201x46025/9/� / DATE ___1 0J 0 $5x63 1 ' n i6 Plan Check Application No. Permit No. lf09%a CITY OF SAN JUAN CAPISTRANO MISCELLANEOUS RECEIPT Project Name _ Project Address Applicant A Address 106 Building Plan Check ........................... Grading Plan Check ............................ On -Site Plan Check ............................ Special Inspection/Re-Inspection ....... :.......... OCFA Plan Check ............................. Geotechnical/Soils Plan Review .................. ( ) Copies @ 20¢/each .................. Other � -?,#- f ..:..... TOTAL .................... Phone $ (01-4411) $ (01-4413) $ (01-4413) $ (01-4412) $ (19-2334) $ (01-4419) $ (01-4521) $ 55K�3 <lQ,;z:�4p� ;1 r NOTE: APPLICATIONS FOR WHICH NO PERMIT IS ISSUED WITHIN 180 DAYS FOLLOWING THE DATE OF APPLICATION/DEPOSIT SHALL EXPIRE BY LIMITATION AND BECOME NULL AND VOID. UNIFORM BUILDING CODE SECTION 304 (d) Prepared By -&4 & Department of Engineeri4 & Building Date 4-PAJ 60�7fq- d �J/ftp 7 /L �g6a Z. LoT s I m n D Z c D O Z m 71 Dnay Fon ➢ Z D rMC C Z >a D Z 'S O n r n �Z D 8 9 ZDy D N y Z 0 m I a � m I � Dy0 C m • Helen C. McGiffm 29312 Spotted Bull Way San Juan Capistrano, CA 92675 949-813-8443 June 15, 2003 To: City of San Juan Capistrano I, Helen C. McGiffin, am the sole owner of the property located at 29312 Spotted Bull Way in San Juan Capistrano, CA. I hereby give full authorization to Saeed Asadi to pull any and all permits required by the city of San Juan Capistrano as it pertains to this property. Sincerely, C Helen C. McGiffin I- c �Al �- �to�F 5 — �fc, l 1; '2-e� -7�o C ^YNgt f o' Ad ,l �'if" A/e,j ego-ge �o � d P,--, HL o y °c b11)C) 0 S6ta !" q7t L+4k% l D'rs` 0 0 MEMORANDUM March 2, 2005 TO: Accounts Payable, Admin Services FROM: Paul Melby, Interim Building Services Manager SUBJECT: Grading Bond Release, 29312 Spotted Bull Lane, McGiffin Residence -------------------------------------------------------------------- -------------------------------------------------------------------- This memorandum is authorization to release the grading bond posted for the above reference address. The grading for the project has been completed sufficiently to warrant the release of the bond. A Company Check #1116 drawn on Wells Fargo Bank Account #2012460259, in the amount of $5,563.00 was posted as security for the bond. A copy of the Surety Agreement, grading permit and check is attached for your information. If you have any questions, please contact me. Attachment cc: file Meg Monahan, City Clerk &V9 �17 J City of San Juan Capistrano CHECK REQUEST Administrative Services Department Address Check to: Name: New Castle Builders Address: 401 Poplar St. Laguna Beach, CA 92651 Check Amount Requested Invoice No. Invoice Date Amount Account No.: Permit 46930 6/16/03 5,563.00 19-2302 CHECK TOTAL: $ $5,563.00 Grading Bond Refund for 29312 Spotted Bull Lane. For completion of grading, reference Building permit Check stub to contain the following: 46930. Check Requested By: Employee: Department Department Approval: Nasser Abbaszadeh Transmittal Instructions: ❑ Return Check To: ❑ Mail With Attached: ❑ Other (Specify): For Administrative Services Use Only Vendor Number: Warrant Number: Approved: Date: 3/2/05 Date: E 0 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 New Castle Builders, a Sole Proprietor, referred to as "Developer". WITNESSETH WHEREAS, Citywill issue Grading Permit No. 46930 to Developerto construct certain designated improvements, more particularly described in Exhibit "A" attached and incorporated herein by reference, which said improvements constitute a portion of that real property atthe location of Tract 5962 Lot 5, APN 650-031-06, commonly referred to as 29312 Spotted Bull Way. 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 securityto 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 installation of improvements set forth in Exhibit"A". The grading permit and plans, which further defines the 1-1 0 improvements in Exhibit "A", are on file in the office of the City's Building OfficialC 0d aa documents referenced in Exhibit "A" are incorporated herein by reference. DDY 2. Developer'sSecurity. Developer shall provide a check, #1116, drawn on Wells Fargo Bank Account #2012460259 subject to the approval of the City Attorney, to secure Developer's improvement obligations required under this agreement. The amount of the bond shall be $5,563.00 for that work described in Exhibit"A". This security of $5,563.00 shall also serve as security for restoration of the site. A copy of the surety instrument, as approved by the City Attorney, is attached as Exhibit "D". 3. Comoletion of Improvements. To ensure the protection of the public safety, health and welfare, Developer shall construct the improvements described in Exhibit "A" in accordance with the schedule as set forth in Exhibit "B", and the conditions as set forth in Exhibit "C". 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 compliancewith 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 propertyto its original 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 grading plan referred to in Exhibit "A"; 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, orother erosion resistant soil coverings or treatments to satisfaction of the Director of Engineering and Building. 6. Attomey's Fees. Developer agrees to pay City such sum as the court mayjudge 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 apart of anyjudgment 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 oromissions 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 aiik /CO , 2003 at San Juan Capistrano, California. D elope City of San Juan Capistrano Q . Saeed Asadi (Sonny) By: Darnel W. Mc ariand New Castle Builders, Principal Building Official Approved as to Form: By: John haw City Attorney COPY "---244753 NEW CASTLE BUILDERS 1220 1116 301 ALIENTO 949-888-5898 2012460259 RANCHO SANTA MARGARITA, CA 926882 DAI£ —0J i PAY TO TIM $WJ7 1 i M/elfWs Fargo Bank NA California www Ilsfargox m r M +I:i220002t, 71:20124 025911' i6 i i r 1] Plan Check Application No. Permit No. 499�q� CITY OF SAN JUAN CAPISTRANO MISCELLANEOUS RECEIPT Project Name _ Project Address .Applicant A _ Address 4& Building Plan Check Grading Plan Check ........................:... On -Site Plan Check ............................ Special Inspection/Re-Inspection .......:.. ...... . OCFA Plan Check ............................. Geotechnical/Soils Plan Review .................. ( ) Copies @ 20¢/each .................. Other (Jf - --G�?�. ov ??- ..:..... TOTAL .................... C(DG°�Y Phone Nl s�ir� Y/woo _92-e09/ $ (01-4411) $ (01-4413) $ (01-4413) $ (014412) $ (19-2334) $ (01-4419) $ (01-4521) $ ��,, Vv, it NOTE: APPLICATIONS FOR WHICH NO PERMIT IS ISSUED WITHIN 180 DAYS FOLLOWING THE DATE OF APPLICATION/DEPOSIT SHALL EXPIRE BY LIMITATION AND BECOME NULL AND VOID. UNIFORM BUILDING CODE SECTION 304 (d) Prepared By z5&461 Department of Engineerin & Building .Pit/ Timms Date • r. n z a o Zw,n 0' w v0> y -0Z D >MC -0°D Z 00 T � n o0v Zoy D � N n V Z �J E ZF D2D�mm m -2 Dye ME Om