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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". -1- • 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. -2- • �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: -3- • 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. -4- 7 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 -5- 0 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. 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. Im 0 0 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. -7- AL • 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