1989-1006_MOORE, WALLACE E._Suerty AgreementTHIS AGREEMENT is made by and between the CITY OF SAN JUAN CAPISTRANO,
a municipal corporation, hereinafter referred to as the "City" and
Wallace E. Moore, a(Owner/Builder) referred to as "Developer".
WITNESSETH
WHEREAS, City will issue Grading Permit No.10848-B and Building Permit No. N/A
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
25622 Paseo De La Paz,Tract 6788, Lot 6.
WHEREAS, San Juan Capistrano Municipal Code 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 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 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 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 bond by a duly authorized
corporate surety, subject to the approval of the City's City Attorney, to secure
Developer's improvement obligations required under this agreement.
The amount of the bond shall be $10,000.00 for that work described in Exhibit
"A". This security of $10,000.00 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
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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
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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 a security to ensure against adverse aesthetic impacts arising
from incompleted 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:
1. Dismantle and/or demolish improvements;
2. Grade property to its original contours as shown on the grading plan
referred to in Exhibit "A";
Remove all debris and construction materials from the site; and
4. Install erosion control, including hydroseeding, to the satisfaction of the
Building Official.
6. Attorney's Pees. Developer agrees to pay City such sum as the court may
adjudge as reasonable for the legal services of an attorney representing 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
October 6, 1989, at San Juan Capistrano, California.
City of San Juan Capistrano
By /1ZC By: go- — r U�
Wallace oore Elaine Martinez 7
Title Owner/ uilder Building Official
Approved as to rm:
John Shaw
City Attorney
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EXHIBIT "A"
MOORE RESIDENCE
ITEM 1: Construction of all on-site grading (cut, fill and slope stabilization) operations
in accordance with Grading Permit 10848-B and the Developer's plans and
supporting documents as listed below:
(A) Grading Plan for Tract 6788, Lot 6 prepared by Toal Engineering #16889,
dated June 30, 1989.
(B) Geotechnical Report dated June 16, 1989, prepared by
G. A. Nicoll, #17753.
ITEM 2: Construction of all on-site improvements in accordance with Grading Permit
No. 10848-B and Developer's grading plans referenced in Item 1 above,
including, but not limited to: driveways, parking areas, retaining walls terrace
drains, down drains, subdrains, area drainage systems, and private storm drain
systems not a part of Developer's Improvement Plans filed with City Engineer.
ITEM 3: See attached Exhibit "A-1".
Attachnmt A-1
Oct. 5, 1989
Wallace E. Moore Residence
25622 Paseo de Is Paz f—
San Juan Capistrano, Ca. 92675
Subject: Errosion Control
We propose to control errosion during grading and excavation by
implementing a sand bag curb along east property line. In addition
a temporary levee will be built with sand bags in the depression
at the east property line. The resultant catch basin will work
with the existing 12 inch drainline at east property line.
6;' � g 0'' � �� ��
Wallace E. Moore
Owner, Builder, General
EXHIBIT ^B"
SCHEDULE FOR COMPLETION OF IMPROVEMENTS
Completion Date Task
October 28„1989 Rough Grade Certification
October 13, 1989 Erosion Control
E
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. 10848-B.
B. Grading operations shall commence within fourteen (14) calendar days after issuance
of Grading Permit No. 10848-B and no later than October 15, 1989, whichever comes
first.
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. Except as specified in (h) below, suspension in excess of twenty (20) working days of
work authorized by Grading Permit No. 10848-B, including erosion -control measures
and landscaping and irrigation, shall constitute default of this agreement.
D. 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 (see F
below), shall be filed with the Building Official. This interim report shall conform to
the grading code requirements for Final Compaction Reports.
E. Contractor shall control dust to satisfaction of 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 later than
ten days from date of suspension.
G. Installation of Final Erosion -Control Landscaping and Irrigation, shall be commenced
within seven (7) calendar days after Rough Grade Certification has been approved by
the Building Official, or at any time at the discretion of the Director of Community
Planning and Development.
H. All work shall be performed in strict observation of the Hours of Operation in
accordance with San Juan Capistrano Municipal Code Section 8-107.
I. Contractor shall adhere to conditions of haul route permit and encroachment permit
issued by the City Engineer.
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Parking for construction crew is to be on site.
K. Construction and grading equipment traffic shall take
Paz. No heavy equipment traffic will be permitted on
shall provide all traffic control measures as required f
and shall secure an encroachment (haul -route) permit
issuance of the grading permit.
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access from Paseo De L a
Ortega Highway. Developer
or safe vehicular movement
from Public Works prior to
40
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April 4, 1990
Mr. Wallace E. Moore
25562 Paseo De La Paz
San Juan Capistrano, CA 92675
MEMBERS OF THE CITY COUNCIL
ANTHONY L. BLAND
LAWRENCE F. BUCHHEIM
KENNETH E. FRIERS
GARY L. HAUSDORFER
PHILLIP R. SCHWARTZE
CITY MANAGER
STEPHEN B JULIAN
Re: Release of Time Deposit- Security for Grading at Property Located at
25622 Paseo De La Paz, San Juan Capistrano
Dear Mr. Wallace E. Moore:
Attached is your Time Deposit, Receipt No. 694, from Bank of America, in the amount of
$10,000.00. Said Time Deposit was given to the City as security for grading on property
located at 25622 Paseo De La Paz, San Juan Capistrano (Tract 6788, Lot 6). Work has
been completed to the satisfaction of the City of San Juan Capistrano and the Time
Deposit is hereby released.
If you have any questions, please do not hesitate to call.
Very truly yours,
/Q�-7r, -PV4a1;&-1, W-_
Dawn M. Schanderl
Records Coordinator
Attachment
cc: Elaine Martinez, Building & Safety Manager
Bank of America
This is to acknowledge that I have received the Time Deposit Receipt No. 694 from dank
of America in the amount of $10,000.00. /, 9
allace E. Moore
Dated this --:5 day of April, 1990.
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171
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• Pay t1we order of Wallace E. Moore
withour recourse
City of San Juan Capistrano
C)a��B
David Bentz, City ' surer
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MEMORANDUM
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TO: Dawn Schanderl, Records Coordinator
City Clerks Office
FROM: Elaine Martinez, Building & Safety Manager fj 7r
Community Planning & Development V
SUBJECT: Surety Bond - Wallace E. Moore - $10,000.00
This memo will serve as authorization to release the referrenced bond.
Owner: Wallace E. Moore
Address: 25562 Paseo De La Paz
Tel No: 496-9128 (H)
492-3644(W)
Address of 25622 Paseo De La Paz
Project Site: San Juan Capistrano, CA 92675
Tract: 6788
Lot: 6
Amount of Bond: $10,000.00
Surety: Time deposit receipt #694
Bank of America
Thank you for your assistance in this matter.
EM/st
cc: John Shaw
Building file
April 3, 1990
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MEMORANDUM
TO: Ken Hammon, Interim Director of Administrative Services
FROM: Mary Ann Hanover, City Clerk
DATE: October 9, 1989
SUBJECT: Time Deposit Receipt (Wallace E. Moore/Tract 6788, Lot 6)
On October 5, 1989, the City Clerk's Department received from Elaine Martinez,
Building & Safety Manager, a Time Deposit Receipt No. 694 from Bank of America as
security for grading for Wallace E. Moore on property located at 25622 Paseo De La
Paz. The Time Deposit Receipt is in the amount of $10,000.00.
Please place Time Deposit Receipt No. 694 in the amount of $10,000.00 in the safety
deposit box.
Thank you for your cooperate n.
ar� nover
MAH/dms
cc: Elaine Martinez, Building & Safety Manager
Stephen Chamberlain, Permit Services Supervisor
11
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MEMORANDUM October S, 1989
TO: Mary Ann Hanover, City Clerk
FROM: Elaine Martinez, Building & Safety Manager
Community Planning & Development
SUBJECT: Surety Bond - Wallace E. Moore
Attached, please find a Surety Payment Bond - Certificate of Deposit, original Surety
Agreement, and copy of grading permit for:
Owner: Wallace E. Moore
Address of
Project Site: 25622 Paseo Be La Paz, San Juan Capistrano
Tract: 6788
Lot: 6
Amount of Bond $10,000.00
Bond Serial No. x
Certificate of
Deposit Acct.No. Time Deposit Receipt #694
Bank of America
This memorandum will serve as a receipt for said bond. Building and Safety Division will
notify your Department to release bond when the grading permit is finaled.
Thank you for your assistance in this matter.
Elaine Martine
Building Official
EM/nk
Attachment
cc: John Shaw
Mr. Wallace E. Moore
Stephen Chamberlain
MEMORANDUM
TO: David Bentz, Director of Administrative Services
FROM: Dawn M. Schanderl, Records Coordinator
DATE: April 4, 1990
SUBJECT: Release of Time Deposit Receipt No. 694 (Moore/Tract 6788, Lot 6)
On April 3, 1990 the City Clerk's Department received a memorandum from Elaine
Martinez, Building Safety Manager, to release the following Time Deposit as all work has
been completed to the satisfaction of the City:
Time Deposit Receipt No 694 from Bank of America in the amount of $10,000.00
held as security for grading on property located at 25622 Paseo De La Paz, San
Juan Capistrano and owned by Wallace E. Moore.
Please release from safety deposit box the above -referenced Time Deposit.
Thank you for your cooperation.
cc: Elaine Martinez, Building & Safety Manager
Qi dank of Amarfoa 0 *rime Deposit Receipt
BRANCH So. Coast Financial Center No. #694 DATE 10/5/89
PURCHASED BY Wallace. E. Moore RATE 8.25 YIELD' 8.59
PAYABLE TO Cit of San Juan Ca istrano ;AMOUNT $Ioea00.00
TERM
_ ACCOUNTM $10,000,00
The publidation(s) you receive contains the terms and conditions of this account. This time deposit will be reinvested automatically for the
same term upon maturity or on the effective date of a deposit or withdrawal made during the grace period. (The grace period is two business
days for terms of 89 days or less; ten calendar days for terms of 90 days or more beginning on the maturity date.) The new interest rate will
be the interest rate in effect on the date your funds are reinvested.
Interest compounded daily. Yield assumes deposit and interest remain in the account for a year at the same interest rate.
IMPORTANT INFORMATION
If you withdraw all orpart of your deposit before it matures a substantial interest penalty will be imposed. A personal time deposit evidenced
Bythis receipt is NOT TRANSFERABLE EXCEPT IN ACCORDANCE WITH THE RULES AND REGULATIONS OF THE FEDERAL RESERVE
R-162 5!9 NOT NEGOTIABLE Bank Of America NTSBA • Me.W, FDIC
0
MEMORANDUM
TO: Ken Hammon, Interim Director of Administrative Services
FROM: Mary Ann Hanover, City Clerk
DATE: October 9, 1989
SUBJECT: Time Deposit Receipt (Wallace E. Moore/Tract 6788 Lot 6)
On October 5, 1989, the City Clerk's Department received from Elaine Martinez,
Building & Safety Manager, a Time Deposit Receipt No. 694 from Bank of America as
security for grading for Wallace E. Moore on property located at 25622 Paseo De La
Paz. The Time Deposit Receipt is in the amount of $10,000.00.
Please place Time Deposit Receipt No. 694 in the amount of $10,000.00 in the safety
deposit box.
Thank you for your cooperati n.
Mary� nover
MAH/dms
cc: Elaine Martinez, Building & Safety Manager
Stephen Chamberlain, Permit Services Supervisor
lJ
MEMORANDUM October S, 1989
TO: Mary Ann Hanover, City Clerk
FROM: Elaine Martinez, Building do Safety Manager
Community Planning do Development
SUBJECT: Surety Bond - Wallace E. Moore
Attached, please find a Surety Payment Bond - Certificate of Deposit, original Surety
Agreement, and copy of grading permit for:
Owner: Wallace E. Moore
Address of
Project Site: 25622 Paseo De La Paz, San Juan Capistrano
Tract: 6788
Lot: 6
Amount of Bond $10,000.00
Bond Serial No. x
Certificate of
Deposit Acct.No. Time Deposit Receipt /694
Bank of America
This memorandum will serve as a receipt for said bond. Building and Safety Division will
notify your Department to release bond when the grading permit is fimled.
Thank you for your assistance in this matter.
Elaine z`�-
Building Official
EM/nk
Attachment
cc: John Shaw
Mr. Wallace E. Moore
Stephen Chamberlain