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1998-1112_WESSELINK, PAUL J._Surety Agreement (2)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 Paul J. Wesselink, a Private Residenct, referred to as "Developer". WITNESSETH WHEREAS, City will issue Grading Permit No.39497 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 31551 Peppertree Bend, commonly referred to as Wesselink Residence. WHEREAS, San Juan Capistrano Municipal Code Section 8-3,05 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. WHEREAS, San Juan Capistrano Municipal Code Section 8-3.06 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 Obfig tia ons. 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 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. The amount of the bond shall be $20,000.00 for that work described in Exhibit "A". This security of $20,000.00 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 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 -control measures within the time required, 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 8-3.06 allows the City to require bonding as security to ensure against adverse aesthetic impacts arising from uncompleted grading and/or improvements. The purpose of this bonding shall be to restore the property to its original condition if the Developer defaults. This restoration shall include: 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 control, including hydroseeding, to the satisfaction of the Building Official. 6. Attorney's Fees. Developer agrees to pay City such sum as the court may adjudge 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. 0 0 8. Liao . 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 199 %9 at San Juan Capistrano, California. Developer City of San Juan Capistrino Paul J. Wesselink By: Daniel W. McFar and Building Official l�T9 By: Paul. 7. Wesselink Owner Approved to For By: John Siiaw City Attorney 0 EXHIBIT "A" WESSELLINK RESIDENCE 9 Item 1: Construction of all on-site grading (cut, fill and slope stabilization) operations in accordance with Grading Permit No. 39497 and the Developer's plans and supporting documents as listed below: (A) Grading Plan for Wesselink, dated 11-16-98, prepared by Ray Toal, Engineering, Ray Toal, RCE No. 16889. (B) Geotechnical Report for Wesselink, dated 8-25-98, prepared by Petra, RobertW. Ruff, No. CEG 1165. 0 0 EXHIBIT "B" SCHEDULE FOR COMPLETION OF IMPROVEMENTS Completion Date Approx. 12/31/98 Approx. 2/28/98 Task Rough Grade Certification Landscape Irrigation Approx. 2/28/98 Landscape Planting EXHIBIT "C" 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. 39497. B. Grading operations shall commence within fourteen (14) calendar days after issuance of Grading Permit No. 39497. Winter grading will be conducted in strict accordance with the dynamic erosion -control plan submitted by the Developer, and approved by the City. This erosion -control plan reflects erosion 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 -control plans reflecting current conditions of grading shall be submitted within ten (10) days of cessation of work. These plans shall include erosion - control planting as required by the City. 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 that work completed at the time work is suspended for the rainy season shall be filed 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. E. Grading operations suspended during the rainy season shall be resumed no later than 15 days from date of suspension. F. Installation of intern erosion -control devices and system 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 -control 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 8-107. H. Contractor shall adhere to conditions of haul route permit and encroachment permit issued by the City Engineer. I. Parking for construction crew is to be on-site. 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAx www.sai?luancapistrano.org September 10, 2007 Union Bank of California 1010IIAIArfI ' mxmsrfe 1961 1776 MEMBERS OF THE CITY COUNCIL RE: Payment Bond Certificate, Serial Number 28116, Amount $20,000 To Whom it May Concern: SAM ALLEVATO THOMAS W. HRIBAR MARK NIELSEN JOE SOTO DR. LONDRES USO The City of San Juan Capistrano hereby fully and forever releases and discharges Union Bank of California from any and all liability under the abovementioned Payment Bond Certificate. The original — released — documents are enclosed. If you have any questions, please do not hesitate to call me at (949) 443-6308. Sincerely, MMC Payment Bond Certificate UNION PAYMENT BOND CERTIFICATE BANK OF Automatic Renewal, Non -Negotiable Certificate Serial Number: 28116 CALIFORNIA Office of Account:. 04 ..7940;.3, 8.3 NOUEhiklEh 18 1998 T1d(id POint 44, 44G .4G Account Number: ...0 _ _ _ _ Amount Deposited $ TWENTY THOUSAND AND 06/100'_ _Dollars was deposited for_, 090 HAYSby WESSEL:INK, PAUL JOHN — - CITY OF SAN JUAN CAF'IST FIBRUAFY 1h1,99`___(the Matu at the rate of - -- _ 44 - 1`_'0Y. compounded daily Interest will be paid to the Depositor MONTHLY within . TI days after that date, the deposit Certificate is . - NOf.___ transferable. If all or any part of this deposit is withdrawn before the so eposltor) an tl Is payable o rity Date),,,yyuup��oonn presentation of this Certificate, properly endorsed. Tpi'q deposit will earn interest gCr.to�ve� ��er n nnuat pe yield of ©4n the ac _�eld'f-tfhv`i�s i to � ed for payment on the account's Maturity Date or te-m'9rtf?CS'tSh the account's Maturity Date. This be subject to an early withdrawal or compensating fee. AUTHORIZE I JA URE MEMORANDUM August 28, 2007 TO: Meg Monahan, City Clerk FROM: Nasser Abbaszadeh, Building and Engineering Director t%. A • SUBJECT: Grading Bond Releases This memorandum is authorization to release the grading bonds posted for the following addresses: Name Address Amount Permit # Brum Residence 27171 Highland Drive $30,500 41659 Lacouague 31208 Camino Lacouague $4,230 35054 Martin 30736 Paseo Elegancia $7,325 43764 Wesselink 31551 Peppertree Bend $20,000 39497 Woodworth 28002 Goldenridge Lane $16,600 41965 The grading for these projects has been completed and the bonds can be released. If you have any questions, please contact me. 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAx www sanjuancaplstrano. org September 10, 2007 Mr. Paul J. Wesselink 31551 Peppertree Bend San Juan Capistrano, CA 92675 IAAA AN IAIAA • (Syll IISIR 1961 1776 AA MEMBERS OF THE CITY COUNCIL Re: Release of Surety: Grading Permit 39497 - 3155 Peppertree Bend Dear Mr. Woodworth: SAM ALLEVATO THOMAS W. HRIBAR MARK NIELSEN JOE SOTO DR. LONDRES USO A Payment Bond Certificate Union Bank #28116, issued on February 16, 1999 and payable to the City of San Juan Capistrano as surety for Grading Permit 39497, related to 3155 Peppertree Bend - in the amount of $20,000 is still retained by the City of San Juan Capistrano. The Engineering Department has informed me that this work was completed long ago, but the surety release was never requested. Engineering has released the surety and it may be picked up at the Office of the City Clerk. Please stop by to pick up this surety. You will be asked to provide identification in order for us to release it. If for some reason the surety is no longer negotiable and you are not interested in claiming it, I would appreciate a faxed letter to that extent so we may close our file - Fax (949) 493-1053. If you have any questions regarding the surety, please feet free to contact me at (949) 443-6308. Surety received by: Very truly yours, 17 Megonahan, MMC —�` Signature: Paul J. Wesselinl City Jerk DATE: i cc: Nasser Abbaszadeh, Engineering & Building Director San Juan Capistrano: Preserving the Past to Enhance the Future �, Printetl on 100°b recycled paper 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493.1171 (949) 4931053 PAx www.sanjuancapistrano.org September 24, 2007 � ate„ • �j i` IA[OAl1A�0 (ST11 IM RFD 1961 1776 Mr. Paul J. Wesselink PO Box 8655 Rancho Santa Fe, CA 92067-8655 MEMBERS OF THE CITY COUNCIL Re: Release of Surety: Grading Permit 39497 — 3155 Peapertree Bend Dear Mr, Woodworth: SAMALLEVATO THOMAS W. HRIBAR MARK NIELSEN JOE SOTO DR. LONDRES USO A Payment Bond Certificate Union Bank #28116, issued on February 16, 1999 and payable to the City of San Juan Capistrano as surety for Grading Permit 39497, related to 3155 Peppertree Bend — in the amount of $20,000 is still retained by the City of San Juan Capistrano. The Engineering Department has informed me that this work was completed long ago, but the surety release was never requested. Engineering has released the surety and it may be picked up at the Office of the City Clerk. Please stop by to pick up this surety. You will be asked to provide identification in order for us to release it. If for some reason the surety is no longer negotiable and you are not interested in claiming it, 1 would appreciate a faxed letter to that extent so we may close our file — Fax (949) 493-1053. If you have any questions regarding the surety, please feel free to contact me at (949) 443-6308. Very truly yours, MegMona an, MMC Ci Clerk cc: Nasser Abbaszadeh, Engineering & Building Director San Juan Capistrano: Preserving the Past to Enhance the Future `a printed on 100% recycled paper Page I of 1 Meg Monahan From: Meg Monahan Sent: Monday, October 15, 2007 2:39 PM To: 'loia600@aol.com' Attachments: Wesselink.pdf Mr. Wesselink, Attached is a copy of the payment bond certificate that we have on file. If you plan to pick this up from our office, you will need to bring identification and sign a release. If you find you no longer need the document, I would appreciate it if you would let me know so I can close your file. Thank you, Meg Monahan, MMC City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949)443-6308 (949) 493-1053 - fax 10/15/2007 10/1512007 13:37 8587590202 Aw-� CALIFOIWIA CETA DRIVER LICENSE CLASSIC EXPIRES 11-11-12 N0123189 PAUL JOHN WESSEL INK ro 011106 RCMa SPNTA EE CA 92067 SEX:M HPIR-GRV NT I WT -210 00P-, 11� 111.E e 09/u/0007 WS R6 ED/it PAUL WESSELIN& Fq(,E 01101 CALWORN IA a= w DRIVER LICENSE nns<-E ESPERFSO`>01-10 N6613S82 KATHLEEN LAUREL WESSELENK 2JSS1 PCPPERTREE RENO SAN JUAN ORPO 00 92675 SEX:E MIR:0LN EPESIGRN HT:S--03 WT: 120 D00:09 -01 -SS RS7R: COM LENS R� V11812RES ZS M 'D/10 �I v or STS vg- - Rorvj 9--Rorvj AiL 9 iiJJ WtSS LEr1 �CcASE ACCtp7 �'`l.IrS �7�2 AS 1J11TNa,e./za7 f a Fqx vs ce 2T"F'6-/E UAj/ OA) /4 9 f Fv2 Iflv/2 l9falq t IA /97 81s�p- -7s9- oh0-1--, `4A JE AJ. c c- LIS 197-- fq-8-U LSC ����� El FORM 03117 (Rev ]1%) £ m fE S m o ', C a? m 3 m 00 > 8 £ > O o!Ei O z z rryii—{ 0 .mlz X, izio z O izm o. 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