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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 nDn 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 • 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 9 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. n u 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. 0 access from Paseo De L a Ortega Highway. Developer or safe vehicular movement from Public Works prior to 40 Juan (� � ma+rplxno aiu�unlo �� 1961 �j 1776 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 S r all If Pa. fig It F oil I is gig Vi W LU ULU c ¢ a) m' Q vO ELL W W� LLO KN <Z O �a J W 2 a¢ =z R � W _jd� Ow EZ Q W f �F £ i Q U c Q W OD y^� (y LO to O O Y O ; P ¢ w S r all If Pa. fig It F oil I is gig Vi W LU ULU c ¢ a) m' Q vO ELL W W� LLO KN <Z O �a J W 2 a¢ =z R � W _jd� Ow EZ Q W f �F £ i • Pay t1we order of Wallace E. Moore withour recourse City of San Juan Capistrano C)a��B David Bentz, City ' surer 0 MEMORANDUM 0 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 a ,� V. C, rte, W rn m n'cr< p aNmp N O aiay` S z a ,� 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 • 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