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
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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 8-2.06 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-
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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.
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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
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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.
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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 $22,000 this 3 day of October, 1996.
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171
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FARWEST SAVINGS & LOAN ASSOCj6ION ACCOUNT NUMBER
FREEDOM CD
This account is not transferable except on book his Association 32-078354
1. ACCOUNT SUMMARY SECTION
Accourtholdegsl
Jerry D. Jacobson
Assigned to the City of San Juan Capistrano
Opemo7Balance$ 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
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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
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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 $22,000.00.
DWM/st
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STATUTORY PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, that Jerry D. Jacobson.
as Principal, hereinafter called
s
CONTRACTOR, and FarWest Saving ,
as Surety, hereinafter called SURETY, are held and firmly bound unto
the City of San Juan Capistrano, as Obligee, hereinafter called CITY,
in the amount of twenty - two thousand Dollars
($ 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
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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