03-0708_SHREVE, WILLIAM H._Surety Agreement0
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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 Mr. and Mrs. William H.
Shreve, an Owner/Builder referred to as "Developer".
WITNESSETH
WHEREAS, Citywill issue Grading Permit No. 47001 to Developer to 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 at the location of Tract 6305 Lot 92, APN 650-371-12, commonly referred to as
30596 Steeplechase Drive.
WHEREAS, San Juan Capistrano Municipal Codes Section 8-2.08 requires the
posting of financial securityto 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 anyother 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 thatthe 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
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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 Personal Check# 354 drawn
on Charles Schwab PNC Bank, N.A., Account#7012079626, 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 $28,117.50 for that work described in Exhibit "A".
This security of $28,117.50 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".
Completion 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
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
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
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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. Attorney's Fees. Developer agrees to pay City such sum as the courtmayjudge
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 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
20i&at San Juan Capistrano, California.
Developer Qty of San Juan Capistrano
By: William H. Shre By: Daniel W. McFarland
Katie M. Shreve Building Official
Owner/Builder
Approved as to Form:
�6c4jqmhkd� dpout;
By: John Shaw
City Attorney
EXHIBIT "A"
30596 Steeplechase Drive
Tract 6305 Lot 92 APN 650-371-12
Item 1: Construction of all on-site grading (cut, fill and slope stabilization) operations in
accordance with Grading Permit No. 47001 and the Developer's plans and
supporting documents as listed below:
(A) Grading Plan for 30596 Steeplechase Drive, dated June 26, 2003, prepared
by Toal Engineering Inc., Raymond R. Toal , RCE No. 16889.
(B) Geotechnical Reportfor30596 Steeplechase Drive, dated January 31,2003,
prepared by Petra Geotechnical. Inc., Soumitra Guha, PhD, RCE No. 58967.
Item 2: Construction of all on-site improvements in accordance with Grading Permit
No. 47001 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.
Item 3: Construction and placement of landscaping and irrigation in accordance with
approved plans for 30596 Steeplechase Drive as included in the above plans.
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EXHIBIT "B"
SCHEDULE FOR COMPLETION OF IMPROVEMENTS
Completion Date
November 2003
February 2005
Task
Rough Grade Certification
Landscape Irrigation
February 2005 Landscape Planting
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EXHIBIT "C"
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CONDITIONS FOR COMPLETION OF IMPROVEMENTS
A. The grading for this project shall be in strict conformance with the grading plans and
related documents as described in Exhibit "A" and Grading Permit No. 47001.
B. Grading operations shall commence within fourteen (14) calendar days after issuance
of Grading Permit No. 47001.
Winter grading will be conducted in strict accordance with the dynamic erosion and silt
control plan submitted bythe 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 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.
C. 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
thatwork completed atthetimework is suspended forthe rainyseason, shall befiled
with the Building Official. This interim report shall conform to the grading code
requirements for final compaction reports.
D. 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.
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E. Grading operations suspended during the rainy season shall be resumed no laterthan
15 days from date of suspension termination.
F. 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.
G. 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.
H. Contractor shall adhere to conditions of haul route permit and encroachment permit
issued by the City Engineer.
Parking for construction crew is to be on-site.
Plan Check Application No.
Permit No.
CITY OF
SAN JUAN CAPISTRANO
MISCELLANEOUS RECEIPT
470ie,W
Project Name
Project Address �U591v
Applicant A2V6,7Z47 J�� Phone
Address /tom Gly 1�6c� !fV�/ 92EP77
Building Plan Check ........................... $
Grading Plan Check ............................ $
On -Site Plan Check ............................
Special Inspection/Re-Inspection ....... :.... .......
OCFA Plan Check .............................
Geotechnical/Soils Plan Review ..................
( ) Copies @ 200/each ......................
Other Gf. c . . ..... ....
TOTAL ...................
(01-4411)
(01-4413)
(01-4413)
(01-4412)
(19-2334)
(01-4419)
(01-4521)
( /'?i,,-AJZ-
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
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Meg Monahan
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From: Mitzi Ortiz
Sent: Wednesday, November 09, 2005 11:32 AM
To: Meg Monahan
Subject: FW: Surety Agreement - William Shreve
-----Original Message -----
From: Dawn Schanderl
Sent: Wednesday, November 09, 2005 11:31 AM
To: Mitzi Ortiz
Subject: Surety Agreement - William Shreve
1! Nov 10 P 21
CITY CLLRK
SAN JUAN CAPISTRANO
Page 1 of 1
Surety agreement for William Shreve, 30596 Steeplechase Drive has been closed 11/3/2005. Refund of cash
posted has been refunded by administrative services.
Dawn Schanderl
Engineering & Building Department
City of San Juan Capistrano
11/10/2005
MEMORANDUM
TO:
FROM
SUBJECT:
Meg Monahan, City Clerk
Dan McFarland, Development Services
December 8, 2003
Grading Bond Reduction, Shreve Residence, 30596 Steeplechase Dr.
This memorandum is authorization to reduce the grading bond posted forthe above reference
address from $28,117.50 to $22,494.00. The grading for the project has been completed
sufficiently to warrant a 20% reduction of the bond.
A Personal Check #354 drawn on Charles Schwab PNC Bank, was posted as security for the
bond. A copy of the Surety Agreement and check request refunding $5,623.50 to Mr. Shreve is
attached for your information. If you have any questions, please contact me.
Attachment
cc: file
improvements in Exhibit "A", are on file in the office of the City's Building Official, and all
documents referenced in Exhibit "N' are incorporated herein by reference.
2. Developer's Security. Developer shall provide a Personal Check#354 drawn
on Charles Schwab PNC Bank, N.A., Account # 7012079626, subject to the approval of the
City Attorney, to secure Developers improvement obligations required under this agreement.
The amount of the bond shall be $28,117.50 for that work described in Exhibit "A".
This security of $28,117.50 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 "13".
3. Completion 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 conditio s f
Exhibit "C".
`,
4. Develoi)er 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 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
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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. Attorney'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 determine favor
�
City.D
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. Liabilit . 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
2003at San Juan Capistrano, California.
Developer CAy of San Juan Capistrano
By: William H. Shre By: Daniel W. McFarland
Katie M. Shreve
Owner/Builder
Approved as to Form:
64 (4 &Ikwd � 6 ou
By: John Shaw
City Attorney
Building Official
Plan Check Application No.
Permit No. �7,i5v/
CITY OF
SAN JUAN CAPISTRANO
MISCELLANEOUS RECEIPT
Project Name
(C (0 [ _Q)
Ir
Project Address -3O59& d TG�/JGtLc�
.Applicant A/S?41'� Q-ge,�e� Phone z5&�— -72/-- 2$95
Address A24-
Building
d¢
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 A . �....:.....
TOTAL ...................
$
(01-4411)
(01-4413)
(01-4413)
(01-4412)
(19-2334)
(01-4419)
(011--4521)
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 _
Department of
Building
L]
0
CHECK REQUEST
Administrative Services Department
Address Check To: Name: Mr. William Shreve
Address: 104 Oakcliff Drive
Laguna Niguel, CA 92677
Check Amount Requested: $5,623.50 Account Number: 19-2302
Check Total: $5,623.50
Invoice No: Permit 47001 Invoice Date: July 11, 2003
Check stub to contain the following: Reduction of Grading Surety Bond posted for 30596
Steeplechase Drive, reference permit number 47001
Check Requested By: Employee: Germy
Department:
Department Approval:
Daniel W.
Administrative Secretary
Transmittal Instructions:
Return Check To:
Mail With Attached:
_xx Other (Specify): CC: City Clerk, for file
Vendor Number:
Warrant Number:
Approved:
Date: December 8, 2003
For Administrative Services Use Only
Date:
Services Manager
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