1991-0423_JEKNOVORIAN, VAHE_Surety AgreementTHIS AGREEMENT is made by and between the CITY OF SAN JUAN CAPISTRANO,
a municipal corporation, hereinafter referred to as the "City" and Vahe Jeknavorian
referred to as "Developer".
WITNESSETH
WHEREAS, City will issue Grading Permit No.21507-B and Building Permit No.
21508-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 30002
Saddleridge Drive, Tract 6381, Lot 132, San Juan Capistrano commonly referred to as
Stoneridge Estates.
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 passbook savings account
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 $5,000.00 for that work described in
Exhibit "A". This security of $5,000.00 shalt 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".
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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";
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.
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�7 In Witness Whereof, the parties have executed this agreement as
of u,L 43 , 19 Yat San Juan Capistrano, California.
Approved s to
By: Joh aw
City ttorney
City of San Juan Capistrano
By: ' Daiiel W. Mc arla d
Building Official
Princi 1(
B Y'
Title: Qw✓Cti_
By:
Title:
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EXHIBIT "A"
JEKNAVORIAN
11
ITEM 1: Construction of all on-site grading (cut, fill and slope stabilization) operations
in accordance with Grading Permit No. 21507-B and the Developer's plans and
supporting documents as listed below:
(A) Grading Plan for 30002 Saddleridge, San Juan Capistrano, Tract 6381,
Lot 132 prepared by Boyer & Associates, Darrell G. Boyer, RCE No.
14663 dated June 20, 1989.
(B) Geotechnical Report for 30002 Saddleridge, San Juan Capistrano, Tract
6381, Lot 132 prepared by G.A. Nicoll & Associates, Mohan B. Upansani,
RCE No. 41196 dated March 1991.
ITEM 2: Construction of all on-site improvements in accordance with Grading Permit
No. 21507-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: Construction of foundations and buildings in accordance with Building Permit
No. 21508-B and the building plans for 30002 Saddleridge, San Juan Capistrano,
Tract 6381, Lot 132 by Patrick Quinn, architect, No. 156534-B.
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EXHIBIT 'B"
SCHEDULE FOR COMPLETION OF IMPROVEMENTS
Completion Date Task
5/15/91
Rough Grade Certification
unknown
Foundation
unknown
Rough Plumbing
unknown
Rough Electric
unknown
Structural Framing
unknown
Structural Final
unknown
Mechanical Final
unknown
Plumbing Final
unknown
Electrical Final
unknown
Landscape Irrigation
2/15/92
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. 21507-B.
B. Grading operations shall commence within fourteen (14) calendar days after issuance
of Grading Permit No. 21507-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. A sequence plan of grading operations shall be approved by the City prior to the
issuance of any grading permit for this project. Any variation or deviation in the
sequence of operations must be recommended, in writing, by the supervising civil
and soils engineers and approved by the Building Official prior to performing any
work related to the variation or deviation.
D. Except as specified in "G" below, suspension in excess of twenty (20) working days of
work authorized by Grading Permit No. 21507-B and Building Permit No. 21508-8,
including erosion -control measures and landscaping and irrigation, shall constitute
default of this agreement.
E. 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 "G"
below), shall be filed with the Building Official. This interim report shall conform to
the grading code requirements for Final Compaction Reports.
F. 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.
G. Grading operations suspended during the rainy season shall be resumed no later than
15 days from date of suspension.
H. 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.
1. All work shall be performed in strict observation of the Hours of Operation in
accordance with San Juan Capistrano Municipal Code Section 8-107.
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7. Contractor shall adhere to conditions of haul route permit and encroachment permit
issued by the City Engineer.
K. No construction trucks are to stop or stand on Saddleridge Drive.
L. Parking for construction crew is to be on site.
M. Construction and grading equipment traffic shall take access from Rancho Viejo
Road. No heavy equipment traffic will be permitted on Ortega Highway. Developer
shall provide all traffic control measures as required for safe vehicular movement
and shall secure an encroachment (haul -route) permit from the Engineering Division
prior to issuance of the grading permit.
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FIXED RATE Account No 10 012 6 6569
CERTIFICATE iJ tt+^I
LEGAL HOLT: ACCOUx'T ASSIC"CED T F
�
,iI t. Account Sum r ec CITY OF SAN JUA.' CAPISTRANO.
„ t TON, AC �oLy�rpWAVINONAVORIAN AS TRUSTEE FOR CITY OF SRN
Opening Balance $ 5,000.00
06.00
Initial Rate of Earnings
per annum
Frequency of Compounding DAILY
Minimum Balance Requirement
$ 5,000.00
Earnings Distribution Dates
Beginning . 3L, -=l and
last distrihution on the final maturity data
Date of Issuance 04/23/91
°'6 Initial Maturity Date 10/23/91
Initial Term 006 MOS
Renewal Term 6 MONTHS
Renewal Term Rate - See Section 4
Minimum $100.00
Additions
Q j'nb:i Gd:,Y thereafter. with the
2. General Section
This certifies that the Accountholder holds a -.al rigs account with the Opening Balance and for the Initial
Term expiring on the Initial Maturity Date show -r I i rash in Fidelity Federal Bank, FSB, of Glendale, California
_ The Accountholder may, from time to time, and w th the consent of the Bank, make additions to the balance
in this account in any amount not less than th4 Minimum Addition provided for in Section 1 Any such
addition(s) shall not extend the maturity oat, o renewed maturity date (it made during a renewed term),
of this account or any porion of the account
3. Earnings Sedlon
This account shall receive earnings at the Iri 31 care of Earnings and with the Frequency of Compounding
as above set forth Such earnings shall be payattk on the Earnings Distribution Dates provided the balance
in the account is not reduced below the Minimum 3alance Requirement After the Date of Issuance, if additions
— are allowedadditions shall receive earnings ;it to Initial or renewed Rate of Earnings If such balance is
reduced below the Minimum Balance Req,sr rent, the Rate of Earnings on the remaining balance shall
thereafter be reduced to the rate then pard cn equ or savings accounts (See Penalty Clause Section 5),
0. Renewal Section
This account shall be automatically renewed to the Renewal Term, at the close of business on the Initial
— Maturity Date Or on the maturity date of ani R,iewal Term unless (1) withdrawn within the 7 -day period
referred to in Section 5 hereof or (2( at leas 1: days prior to any maturity date, the Bank gives written
1 _ notice to the Accountholder that this account will i3l be offered
In such latter event, upon maturity the accost will be continued at the rate of earnings and for the term
as set forth in mid written notice, or conve'L3d 'O a regular savings account and receive earnings at the
�-- rate then paid on regular savings accounts
The rate of earnings for any Renewal Term sI al se at the rate the Bank is pap ng at that time on renewed
1 _ accounts of this class
r "THIS ACCOUNT IS NON-TRANSFERRABLE'
Bo 4036 15 50)
8,.. � ra-eor
J
LINDA J. REINIK
VICE PRESIDENT
BRANCH MANAGER
FEIRM FM1ML 11INM
A FED r,AL SAVINGS SANK
PO BOX 6814
BIG BEAR LAKE CALIFORNIA 92315 1
BIG BEAR (714) 866-7515
a,n « , r„/o, 'I
STATUTORY PERF011-ANC;E BOND
KNOW ALL MEN BY THESE PRESENTS, that Vahe Jeknavorian
as Principal, hereinafter called
CONTRACTOR, and Fidelity Federal Savings, Big Bear Lake, California ,
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 Five thousand & 00/100 Dollars
($ 5,000.00 ) 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-site improvements and
property restoration as authorized by grading permit No. 21507-B and building
permit No. 21508-B at 30002 Saddleridge Drive, 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,
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 day of 14� �?-1 L 19 `3/ at
l&3E-64L j�H< California.
APPROVED�(�%%AS TO FORM.
1'
John R. Shaw
ty Attorney
I
PRINCIPAL / 9
-_ BY Vahe ekn auar-iart-- —�
Page 2 - STATUTORY PERFORMANCE BOND
Ti ter
7 /
(NOTARIZAT ON ND SEAL)
E(4:1RNARDINO
FICIALSE]IM
RT J. BPUBLIC-CALC. Exp. April
SURETY
By n�A
Title
(NOTARIZATION AND SEAL)
0
January 25, 1993
Mr. Vahe Jeknavorian
30002 Saddleridge Drive
San Juan Capistrano, CA 92675
Re:
Dear Mr. Jeknavorian:
ificate - Security for G
at
MEMBERS OF THE CITY COUNCIL
COLLENE CAMPBELL
GARY L. HAUSDORFER
GILJONES
CAROLYN NASH
JEFFVASOUEZ
CITY MANAGER
GEORGE SCARBOROUGH
Located
Attached is your Passbook Certificate No. 10-012-6066589 issued by Fidelity Federal
Bank, in the amount of $5,000.00. Said Passbook Certificate was given to the City as
security for grading on property located at 30002 Saddleridge Drive, San Juan Capistrano
(Tract 6381, Lot 132). Work has been completed to the satisfaction of the City of San
Juan Capistrano and the Passbook Cerificate is hereby released.
If you have any questions, please do not hesitate to call.
Very truly yours,
hia Pendleton
Treasurer
Attachment
cc: Daniel W. McFarland, Building & Safety Manager
Fidelity Federal Bank
This is to acknowledge that I hav elved the--ssbo� ok Certificate No.
10-012-6066589 issued by Fidelity EAE115fal Bank in tkaegmoynt of $7,Q00.00.
r�
Dated thi I day of January, 1993.
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 499-1171
0
MEMORANDUM January 14, 1993
TO: Dawn Schanderl, Deputy City Clerk
FROM: Daniel W. McFarland, Building & Safety Manager
Department of Engineering and Building
SUBJECT: Bond Release for Jeknavorian - 30002 Saddleridge Drive
This memo serves as authorization to release the referenced bond, Certificate of Deposit
#10 012 6066589 with Fidelity Federal Bank in the amount of $5,000.00 for grading at
30002 Saddleridge Drive. All work covered by this bond has been completed to the
satisfaction of the Building Division.
DM/st
cc: Building File
0
Ll
FIXED RATE Account No. 10 012 6 6 IS
CERTIFICATE I
LECAL HOLD: ACCOUNT ASSIC-MFD T E
t. Account Sum ;�ry{p3e �o- CITY OF SA—N JU97 WISTRANO.
Ac�1oldErpVISgRANONAVORIAN AS TRUSTEE FOR CITY OF SAH
J?J
Opening Balance $ 5,000.00
Initial Rate of Earnings 06.200
per annum.
Frequency of Compounding DAILY
Minimum Balance Requirement
$ 5,000.00
Earnings Distribution Dates
Beginning JUS 3D, 15-31 and
last distribution on the final maturity date.
Date of Issuance 04/23/91
4i Initial Maturity Date 10/23/91
Initial Term 006 MOS
Renewal Term 6 MONTHS
Renewal Term Rate - See Section 4
Minimum $100.00
Additions
QUni{TERLY thereafter, with the
2. General Section
This certifies that the Accountholder holds a savings account with the Opening Balance and for the Initial
Term expiring on the Initial Maturity Date shown hereon in Fidelity Federal Bank, FSB, of Glendale, California.
The Accountholder may, from time to time, and with the consent of the Bank, make additions to the balance
in this account in any amount not less than the Minimum Addition provided for in Section t. Any such
addition(s) shall not extend the maturity date, or renewed maturity date (d made during a renewed terms,
of this account or any portion of the account.
3. Earnings Section
This account shall receive earnings at the Initial Rate of Earnings and win the Frequency of Compounding
as above set fonh Such earnings shall be payable on the Earnings Distribution Dates provided the balance
in the account is not reduced below the Minimum Balance Requtrement. After the Date of Issuance, it additions
are allowed. additions shall receive earnings at the Initial or renewed Rate of Earnings. If such balance is
reduced below the Minimum Balance Requirement, the Rate of Earnings on the remaining balance shall
thereafter be reduced to the rate then paid on regular savings accounts. (See Penalty Clause Section 5)
4. Renewal Section
This account shall be automatically renewed, for the Renewal Term, at the close of business on the Initia
Maturity Date or on the maturity date of any Renewal Term unless (1) withdrawn within the 7 -day panoc
referred to in Section 5 hereof or (2) at least 15 days prior to any maturity date. the Bank gives wrNer
notice to the Accommo der that this account will not be offered.
In such latter event, upon maturity the account will be continued at the rale of earnings and for the tern
as set forth in said written notice, or converted to a regular savings account and receive earnings at the
one then paid on regular savings accounts.
The rate of earnings for any Renewal Term shall be at the rate the Bank is paying at that time on renewec
accounts of this class.
'THIS ACCOUNT IS NON-TRANSFERRABLE"
3040.%!5-901
BU wv� �o-eoJ
MEMORANDUM
TO: David Bentz, Director of Administrative Services
FROM: Dawn M. Schanderl, Records Coordinator
DATE: April 26, 1991
SUBJECT: Passbook - Vahe Jeknavorian
On April 23, 1991, Daniel W. McFarland, Building & Safety Manager, sent to the City
Clerk's Office a surety agreement between the City and Vahe Jeknavorian. Said
agreement requires an amount of $5,000.00 to serve as surety for property know as 30002
Saddleridge Drive, Tract 6381, Lot 132.
Please put passbook no. 10-012-6066589 drawn on Fidelity Federal Bank in the safety
deposit box.
Thank you for your cooperation.
cc: Cheryl Johnson, City Clerk
Daniel McFarland, Building & Safety Manager
MEMORANDUM April 23, 1991
TO: Dawn Schanderyl, Records Coordinator,
City Clerk //I
FROM: Daniel W. McFarland, Building & Safety Manager G
Department of Engineering and Building
SUBJECT: Grading Bond - Vahe Jeknavorian - Passbook Savings Account
Please find attached original Surety Agreement, for Vahe Jeknavorian for your safe
keeping in your office per Administrative Policy #505.
Owner:
Address of
Project Site:
Tract:
Lot:
Amount of Bond
Vahe Jeknavorian
30002 Saddleridge Drive
San Juan Capistrano
6381
132
$5,000.00
Surety/Bonding Co.: Fidelity Federal Bank
Account No.: 10 012 6066589
This memorandum will serve as a receipt for said bond. Building and Safety Division will
notify your Department to release bond when appropriate.
Thank you for your assistance in this matter.
DM/st
Attachment
cc: Building File