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1991-1125_JACOBSON, JERRY D._Surety Agr for Grading, Landscaping, On-site Imprvmts & Prop Restora THIS AGREEMENT is made by and between the CITY OF SAN JUAN CAPISTRANO, a municipal corporation, hereinafter referred to as the "City" and Jerry D. Jacobson referred to as "Developer". WITNESSETH WHEREAS, City will issue Grading Permit No.25018-B and Building Permit No. 25019-B 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 10593, Lot 15, commonly referred to as 31741 Peppertree Bend, San Juan Capistrano, CA 92675. WHEREAS, San Juan Capistrano Municipal Code 8-2.05 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 8-2.06 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 letter of credit, 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 $22,000.00 for that work described in Exhibit "A". This security of $22,000.00 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". BE I 0 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 8-2.06 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: Dismantle and/or demolish improvements; 2. Grade property to its original contours as shown on the grading plan referred to in Exhibit "A'; 3. 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 Fees. 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. Ira of In Witness Whereof, the parties have executed this agreement as 19 `+ I at San Juan Capistrano, California. Approved s to By: Joh w City,Attorney Cit of San Juan Capistrano By: —Daniel W. McFarland Building Official Principal(s) By: Jerry D. Jacobson Title: Developer By: Title; By: Title: -3- E EXHIBIT "A" JACOBSON RESIDENCE ITEM 1: Construction of all on-site grading (cut, fill and slope stabilization) operations in accordance with Grading Permit No. 25018-B and the Developer's plans and supporting documents as listed below: (A) Grading Plan for Jerry D. Jacobson prepared by Duca-McCoy, Inc., Engineer Pete Duca, RCE No. 24668 dated March 21, 1990. (B) Geotechnical Report for Jerry D. Jacobson, prepared by Applied Geotechnical Engineering, Inc., Engineer Peter C. Young, No. 919 dated April 27, 1990. ITEM 2: Construction of all on-site improvements in accordance with Grading Permit No. 25018-B and Developer's grading plans referenced in Item I 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: Construction and placement of landscaping and irrigation in accordance with approved plans for grading as included in the above plans. eM 0 EXHIBIT 'B" SCHEDULE FOR COMPLETION OF IMPROVEMENTS Completion Date Task 12/13/91 Rough Grade Certification 2/21/92 Foundation 5/30/92 Rough Plumbing 5/30/92 Rough Electric 6/12/92 Structural Framing 9/15/92 Structural Final 12/18/92 Mechanical Final 12/18/92 Plumbing Final 12/18/92 Electrical Final 10/23/92 Landscape Irrigation 11/2/92 Landscape Planting -5- 0 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. 25018-B. B. Grading operations shall commence within fourteen (14) calendar days after issuance of Grading Permit No. 25018-B. 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 (see "E" below), 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 satisfaction of 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 interim erosion 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 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. Parking for construction crew is to be on site. 0 October 21, 1996 Mr. Jerry D. Jacobson 31741 Peppertree Bend San Juan Capistrano, CA 92675 Dear Mr. Jacobson: 0 IVMEMBERS OF THE CRV COUNCIL COLLENE CAMPBELL WYATT HART GILJONES CAROLYN NASH DAVID SWEROUN CITY MANAGER GEORGE SCARBOROUGH Attached is Passbook Savings Account No. 32-078354, drawn by Farwest Savings & Loan Association, in the amount of $22,000. The passbook was held as security by the City of San Juan Capistrano while improvements were being completed for property known as 31741 Peppertree Bend, Lot 15 of Tract 10593. Said improvements have been completed to the satisfaction of the City of San Juan Capistrano and the Building Official has authorized the release of Passbook Account No. 32-078354. Thank you for your cooperation. Sincerely Yours, Cyrhia.Pendleton Director of Administrative Services /dms cc: Farwest Savings & Loan Association Daniel McFarland, Building Official Dawn M. Schanderl, Deputy City Clerk This is to acknowledge I have received Passbook Savings Account No. 32-0783 54, drawn by Farwest Savings & Loan Association in the amount of $22,000 this 3 day of October, 1996. 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 1� FARWEST SAVINGS & LOAN ASSOCj6ION ACCOUNT NUMBER FREEDOM CD This account is not transferable except on book his Association 32-078354 1. ACCOUNT SUMMARY SECTION Accourtholdegsl Jerry D. Jacobson Assigned to the City of San Juan Capistrano Opemo7Balance$ 22,000.00 Mmimtm Balance S 1,000.00 ❑ No Additions Permitted EXKl mum Additions Permitted S 100. 00 EIaKIMUM Principal Balance$ 98,000.00 ,)aAutomatic Renewal 120 days Initial -etm Interest Rate 5. 850 per annum Method of Compounding daily Interest Distribution Begins 12-31-91 Date of Issuance 11-25-91 Term 120 days Rate Guarantee Date 3-24-92 j�Mhthdraw(a�Dje�},��j-, h p rmit from ❑Non.wehdie�w Y of ,San Juan ❑ No Automatic Renewal Annual Yield 6, 020 "n per annum and quarterly thereafterwith the last distobu Lon on the ting l Maturity Date ❑ Payaole On l y at Maturity This certifies that the Accourrholeer Molds a savings account'. the -Accounti with the Opening Ba l once as set l red above at the Farwesl Savings and L Dan Association i the Associatmn Branch l coated at 24591 Del Prado dana Point Ca 2 2 (, and is subtest to me terms and conditions described for this type of acrpnm in atWest Oovings a cult and Kee �Sa ac 2. ADDITIONS Provided that this Account is designated insection l as "Additions Permitted (1) the Accountholdermay. at any time prior to Rate Guarantee Date or (2) the Accountholder may during the of the Initial Term or any Renewal Term, as applicable, and with the consent of the Association, make attentions to the balance in this account in any amount not less than the "Minimum Addition' provided for in section 1 without extending the Rate Guarantee Date of the account Additions may not bring balance over the maximum principal balance provided for in Section 1. 3. INTEREST This Account earns Interest at the Rate of Interest computed in accordance with the Method of Compounding asset forth above, and such Interest is payable on the Interest Distribution Dates set forth aboveprovided the balance m the account is not reduced below the Minimum Balance Requirement If such account balance is reduced below the Minimum Balance Requirement. the Rate of Interest on the balance is thereafter reduced to the rate then paid on Passbook Savings accounts. Interest credited to this account may tore withdrawn at any time during the term in which it is earned without penalty. 4 RENEWAL A) If this Account is designated in section 1 as No Automatic Renewal", upon Rate Guarantee Date, this account is converted to a Passbook Savings account and receives interest at the rate then paid on Passbook Savings accounts. 6) If this Account is designated in section 1 as "Automatic Renewal", it is automatically renewed attheend of the term effective on the Initial Rate Guarantee Date and each subsequent Rate Guarantee Date of any Renewal Term for 120 days at the rate then offered for this type of account unless. (1) the Account is withdrawn, or (2) (unless) the Association provides the Accountholder at most 15 days written notice prior to p d 1� FARWEST SAVINGS & LOAN ASSOCj6ION ACCOUNT NUMBER FREEDOM CD This account is not transferable except on book his Association 32-078354 1. ACCOUNT SUMMARY SECTION Accourtholdegsl Jerry D. Jacobson Assigned to the City of San Juan Capistrano Opemo7Balance$ 22,000.00 Mmimtm Balance S 1,000.00 ❑ No Additions Permitted EXKl mum Additions Permitted S 100. 00 EIaKIMUM Principal Balance$ 98,000.00 ,)aAutomatic Renewal 120 days Initial -etm Interest Rate 5. 850 per annum Method of Compounding daily Interest Distribution Begins 12-31-91 Date of Issuance 11-25-91 Term 120 days Rate Guarantee Date 3-24-92 j�Mhthdraw(a�Dje�},��j-, h p rmit from ❑Non.wehdie�w Y of ,San Juan ❑ No Automatic Renewal Annual Yield 6, 020 "n per annum and quarterly thereafterwith the last distobu Lon on the ting l Maturity Date ❑ Payaole On l y at Maturity This certifies that the Accourrholeer Molds a savings account'. the -Accounti with the Opening Ba l once as set l red above at the Farwesl Savings and L Dan Association i the Associatmn Branch l coated at 24591 Del Prado dana Point Ca 2 2 (, and is subtest to me terms and conditions described for this type of acrpnm in atWest Oovings a cult and Kee �Sa ac 2. ADDITIONS Provided that this Account is designated insection l as "Additions Permitted (1) the Accountholdermay. at any time prior to Rate Guarantee Date or (2) the Accountholder may during the of the Initial Term or any Renewal Term, as applicable, and with the consent of the Association, make attentions to the balance in this account in any amount not less than the "Minimum Addition' provided for in section 1 without extending the Rate Guarantee Date of the account Additions may not bring balance over the maximum principal balance provided for in Section 1. 3. INTEREST This Account earns Interest at the Rate of Interest computed in accordance with the Method of Compounding asset forth above, and such Interest is payable on the Interest Distribution Dates set forth aboveprovided the balance m the account is not reduced below the Minimum Balance Requirement If such account balance is reduced below the Minimum Balance Requirement. the Rate of Interest on the balance is thereafter reduced to the rate then paid on Passbook Savings accounts. Interest credited to this account may tore withdrawn at any time during the term in which it is earned without penalty. 4 RENEWAL A) If this Account is designated in section 1 as No Automatic Renewal", upon Rate Guarantee Date, this account is converted to a Passbook Savings account and receives interest at the rate then paid on Passbook Savings accounts. 6) If this Account is designated in section 1 as "Automatic Renewal", it is automatically renewed attheend of the term effective on the Initial Rate Guarantee Date and each subsequent Rate Guarantee Date of any Renewal Term for 120 days at the rate then offered for this type of account unless. (1) the Account is withdrawn, or (2) (unless) the Association provides the Accountholder at most 15 days written notice prior to p • MEMORANDUM TO: Dawn M. Schanderl, Deputy City Clerk FROM: Daniel W. McFarland, Building Official Department of Engineering & Building 11 April l8, 1996 SUBJECT: Release of Grading Bond, Jerry D. Jacobson - 31741 Peppertree Bend Please release the bond posted by Jerry D. Jacobson for grading at 31741 Peppertree Bend. The bond was funded by Savings Passbook No. 32-078354 drawn on Far West Savings in the amount of $22,000.00. DWM/st 1� dL� ��'� STATUTORY PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that Jerry D. Jacobson. as Principal, hereinafter called s CONTRACTOR, and FarWest Saving , as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of twenty - two thousand Dollars ($ 22,000.00 ) for payment whereof Contractor and Surety bind them- selves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor is required to provide a faithful per- formance bond pursuant to the statutory requirements of the San Juan Capistrano Municipal Code to guarantee certain work, more particularly described as follows: grading, landscaping and on -sire im12rnvPmPnrs and property restoration as authorized by grading permit No. 25018-B, and building permit No. 25019-B, at 31741 Peppertree Bend, San Juan Capistrano, California. NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said statutory obligation, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED, that: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, GENERAL ACKNOWLEDGMENT State of On this theEt"Z day ofK'�/h%E%fe 19 , before me, t e County of the undersigned Notary Public, personally appeared ��f= Q I I personally known tome proved to me on the basis of satisfactory evidence to be the persol whose name(' Lam_' subscribed to the within instrument, and acknowledged that executedit. WITNESS my hand bpd official ATTENTION NOTARY: Although the Information requested belo is OPTIONAl prevent fraudulent attachment of this certificate to another document. THIS CERTIFICATE Title or Type of Document -- MUST BE ATTACHED -12 TO THE DOCUMENT Number of Pages _ Date of Document ,/,S DESCRIBED AT RIGHT. SignerX) Other Than Named Above NO 201 Ave -err7184 7120 122 NATIONAL NOTARY ASSOCIATION •8236 Remi Ave • P PO Box ]184 •Canoga Pah. G 91304-]180 OFCiAI N. •rp G'✓SFT.- S'An4r.ltr' I>�'a;'ll , h .,r c ublx .'.. 7-R1S.irY36 "� ux. the undersigned Notary Public, personally appeared ��f= Q I I personally known tome proved to me on the basis of satisfactory evidence to be the persol whose name(' Lam_' subscribed to the within instrument, and acknowledged that executedit. WITNESS my hand bpd official ATTENTION NOTARY: Although the Information requested belo is OPTIONAl prevent fraudulent attachment of this certificate to another document. THIS CERTIFICATE Title or Type of Document -- MUST BE ATTACHED -12 TO THE DOCUMENT Number of Pages _ Date of Document ,/,S DESCRIBED AT RIGHT. SignerX) Other Than Named Above NO 201 Ave -err7184 7120 122 NATIONAL NOTARY ASSOCIATION •8236 Remi Ave • P PO Box ]184 •Canoga Pah. G 91304-]180 0 0 incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of statutory obligation, or of the work to be performed thereunder, shall in any way affect its cbligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications, or of the work to be performed thereunder. Executed this APPROVED AS(�TO� _FOS RSM. J n R. Shaw 11 ty Attorney Wy day of November r 1991 , at California. Page 2.- STATUTORY PERFORMANCE BOND PRr YCIPAL BJ err J son le Contractor (NOTARIZATION AND SEAL) LI,L - i . E 96 SURETY By N/A - Certificate of Deposit Title (NOTARIZATION AND SEAL) 9 MEMORANDUM TO: David P. Bentz, Director of Administrative Services FROM: Dawn M. Schanderl, Deputy City Clerk DATE: November 26, 1991 SUBJECT: Savings Passbook No. 32-078354 (Jacobson) On November 25, 1991, I received from the division of Building and Safety the following surety: Jerry D. Jacobson, 31741 Peppertree Bend, San Juan Capistrano, Savings Passbook No. 32-078354 drawn on Farwest Savings in the amount of $22,000.00 as stated per Surety Agreement signed on November 25, 1991.. Please put the attached passbook into the safety deposit box. Thank you. cc: Cheryl Johnson, City Clerk Daniel McFarland, Building & Safety Manager