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1991-0709_JOHNES, DONALD L. & CHERYL E._Surety AgreementSURETY AGREEMENT FOR GRADING, AND PROPERTY RESTORATION THIS AGREEMENT is made by and between the CITY OF SAN JUAN CAPISTRANO, a municipal corporation, hereinafter referred to as the "City" and Donald L. and Cheryl E. Jones referred to as "Developer". WITNESSETH WHEREAS, City will issue Grading Permit No.21267-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 Parcel 2 of PM88-402 commonly referred to as 31686 Avenida Evita, San Juan Capistrano. 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 grading 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 on site grading. 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 Certificate of Deposit, subject to the approval of the City's City Attorney, to secure Developer's grading 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 "D". 3. Developer Default. In the event Developer does not complete the required grading ifnprove inents, 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. -1- 9 • 4. 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. Grade property to its original contours as shown on the grading plan referred to in Exhibit "A"; 2. Remove all debris and construction materials from the site; and 3. Install erosion control, including hydroseeding, to the satisfaction of the Building Official. 5. 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. 6. 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. 7. 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- 0 0 In Witness Whereof, the parties have executed this agreement as of July z , 19 91_ at San Juan Capistrano, California. r Approved s to By: Joh w City Attorney Cit of S��Capi�_ By: Daniel W. McFarland Building Official Principal(s) By: l _ Cheryl E. ones Title: Developer By: Title: By: Title: -3- C -I EXHIBIT "A" JONES RESIDENCE ITEM 1: Construction of all on-site grading (cut, fill and slope stabilization) operations in accordance with Grading Permit No. 21267-B and the Developer's plans and supporting documents as listed below: (A) Grading Plan for 31686 Avenida Evita prepared by Meyer and Associates, Robert F. Daniels, RCE No. 52419 dated February 22, 1991. (B) Geotechnical Report for 31686 Avenida Evita prepared by Zeiser Geotechnical, Inc., Henry Kling No. 42395, dated March 6, 1991. -4- EXHIBIT SCHEDULE FOR COMPLETION OF IMPROVEMENTS Completion Date Task 7/22/91 Rough Grade Certification -5- EXHIBIT "C" a 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. 21267-B. B. Grading operations shall commence within fourteen (14) calendar days after issuance of Grading Permit No. 21267-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. 21267-B 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. I. All work shall be performed in strict observation of the Hours of Operation in accordance with San Juan Capistrano Municipal Code Section 8-107. M J. Contractor shall adhere to conditions of haul route permit and encroachment permit issued by the City Engineer. K. Parking for construction crew is to be on site. L. Construction and grading equipment traffic shall take access from Avenida Evita. 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 Public Works prior to issuance of the grading permit. -7- DOWNEY SAVINGS AND LOAN ASSOCIATION • Account No. - - - ACCOUNT "'N" p i I- . I'S OR DCIr`i,)Llt NT T N ni T S'j Opening Balance $ ' Date of Issuance . F current Rate Of Earn n$c r' %Per Annum Initial Term Initial Maturity Date - 1' V . Funds Available On Renewal Term — See Automatic Renewal Section Extended Maturity Date — See General Section i t�ii...l!' Frequency of Compounding Minimum Addition All.wadi Minimum Balance Requirement $ Additions Permitted Uohl — See Earnings Section Earnings distribution dates beginning " s and thereafter, with the last distribution on the final maturity date or close of the account GENERAL This call that the Account Holder holds a savings account with the Opening Balance and for the Imbal Term expnng on the initial Maturity Date Shown hi(aYb i. ti Downey Swmi All Loan AuocMllOn Branch. The Account HOder may. from time to time, wet the consent of the Assoctahon, make additions to the balance is this account in any amount not lest than the Minimum Addition provided for In Account Summary section above Until the close of business on the date for which additions are permitted as set torn above. with the consent of the Association, the Account Holder may, without extending the Maturity Date of the account, make additions to this account in amounts not less than the Minimum Addition provided form Account Summary section. After that dateon further additions may be made to INS account. I NO amignment of this account in excess of 52,500 shall be accepted that snail any verification of Information with respect thereto ba valid or binding. uness signed by the President or a Vico President of Downey Savings and Loan Amociattoo I THIS ACCOUNT IS NOT TRANSFERABLE EXCEPT ON TIE SOONS OF THE DEPOSITORY INSTITUTION. EARNINGS FIXED-RATE ACCOUNTSThis account shall receive earnings at the rate and with the Frequency of Compounding as above set forth Such earnings shall be payable on the Earnings Distnbution Dates also set connhowever. it Me balance in the account is reduced below the Minimum Balance Requirement, the Rate of Earnings on the remain, rg balance shall thereafter ba reduced to the rate than pad qn regular savings acmunts. (See also Automatic Renewal and Penalty Clause I AUTOMATIC RENEWAL: This account shall be automatically renewed at the close Of business on the Initial Maturity Date or the Maturity Date of an renewed or Extended Term unless (1) withdrawn within the day grace period. or (2) at least days poor to any Stuart date. the Assoclat10n gives written notice to the Account Holder that this account will not be renewed at the Rate of Earnings aro/or the Renewal Tenn set forth above. In such event, the account wtd either be extended tot sun additional term and such Rate of Earnings as Set tont in sold notice, or Ind account will be converted to a regular savings accwnt and receive earnings at the rate than pard on regular Savings accounts. The Rate of Earnings for any Renewal Tenn Shall be based on tia method add manner for calculating Initial Current Rate of Earnings, or may be detennmed in a different way provided that at least days prior to a Maturity Date the Association gives whom notice to the Account Holder setting forth the changes. (NOTE: If terms and conditions are changed as provided above, this certificate to, may be reused provided appro- pirate changes are made in Renewal History Section or on postebver in Account Summary Scion.) PENALTY CLAUSE Except as otherwise prodded herein, the following indicated provisions apply on any withdrawal before the end Of the term. My wlthi mesal whist reduces the Account Balance below the Minimum Balance Requirement, or any charge In the Term or Rate of Earnings. shell to consdan d as a withdrawal of the entire amount balance and Shall be subtlest to the penalty preacnbed haddan Fernings childhood to Mia account during any Tenn may be withdrawn at any time tlunng Such term without penalty. If the account is renewed at the more earnings rata, eamrngs during the protecting term, as well as the current tens, may be withdrawn at any time without penalty during the renewal artn. If Me redawad dim late is drfferent. samings in the amount at the cpmmancement of the mrawal and Shall to deemed merged with the proti aid only earnings for the renewal term may be withdrawn at any time without penelty during suer hand &324](189) 0 DATE WITHDRAWALS INTEREST DEPOSITS SVM. 1 07/08/91 10,000,00 10.000.00 2 07/0(3/91 BALANCE AT 05.800% AVAILABLE 08/09/91 IT IS A WISE MAN WHO LEARNS TO EARN, GIVE AND SAVE MONEY. TNI81`A88800NISYOUR NECEIPT-PRF$ ITFON EACHTRANSACTION 40 DOWNEY SAVINGS 10 .D 10.1 ASSOCIATION ASSIGNMENT CHERYr F JnNER OR DONAr n r JONES , hereinafter called ASSIGNOR, whose address is 11 682 AVE FVTTA SAN JUAN CAPISTRANO does (do) hereby assign and set over to CITY OF CAPISTRANO hereinafter referred to as ASSIGNEE, all right, title and interest of whatever nature, of Assignor, in and to the insured account of Assignor in the Downey Savings and Loan Association, evidenced by aCERTIFICATE 9F BEPDSiT in the amount of In .000.00 , numbered 49-02049172 which is delivered to the Assignee herewith. Assignor agrees that this Assignment carries with it the right in the insurance of the account by the Federal Savings and Loan Insurance Corporation, and includes and gives the right to the Assignee to redeem, collect, and withdraw the full amount of such account at anytime without notice to the Assignor. Assignor agrees that this Assignment is given as security for THE ASSURANCE OF ON a,SITg C;RApTNCWARK PFR Pi ANR ANF) SPFCTFTCATTONS TO THE (-TTY OF SAN JUAN EhRISTRANA SATISFACTION AFTER WHTCH TIME CTTY AGREES TO RELEASE TO D9WN-fid—S AAII-NGS AND rnAN FOR THIS ACCOUNT Assignor hereby notifes Downey Savings and Loan Association of this Assignment. O' • ' c Dated this day of 19 By RECEIPT FOR NOTICE OF ASSIGNMENT Receipt is hereby acknowledged to the Assignee of written notice of the assignment of said Assignee of the Account and Certificate identified above. We have noted in our records the Assignee's interest in said account as shown by the above assignment and have retained a copy of this sheet. We certify that we have received no notice of lien, encumbrance, hold, claim, or obligation of the above -identified account prior to the assignment to the Assignee. We agree to make payment to the Assignee upon request in accordance with the savings and loan law applicable to this Association. Dated this I day of--?� , 19 —/ DOWNEY SAVINGS AND LOAN ASSOCIATION RECEIPT FOR CERTIFICATE AND DIRECTION TO PAY EARNINGS Receipt is acknowledged of the above assignment and the Certificate identified in the above assignment. Downey Savings and Loan Association is hereby authorized and directed to pay any earnings on the above -identified account to the above-named Assignor until otherwise notified in writing by the Assignee. Dated this day of By Authorized Employee 350L,JAMBORaE RD NEWPORT BEACH CA 92660 SA -70 (11/86) 19 0 DRUG USE Is B March 11, 1992 Mr. & Mrs. Donald Jones 31686 Avenida Evita San Juan Capistrano, CA 92675 Juan mto.Iouno nuunno 1961 1776 MEMBERS OF THE CITY COUNCIL JERRY HARRIS KENNETH E FRIESS GARY L HAUSUORFER GIL JONES JEFFVASOUEZ CITY MANAGER STEPHEN B JULIAN Re: Release of Savings Passbook - Security for Grading and Property Restoration at Property Located at 31686 Avenida Evita, San Juan Capistrano Dear Mr. & Mrs. Jones: Attached is your Savings Passbook No. 4902049172 from Downey Savings & Loan Association in the amount of $10,000.00. Said Savings Passbook was given to the City as security for grading and property restoration at property located at 31686 Avenida Evita, San Juan Capistrano (Parcel 2 of Parcel Map 88-403). Work has been completed to the satisfaction of the City of San Juan Capistrano and the Savings Passbook is hereby released. If you have any questions, please do not hesitate to call. Very truly yours, 1tdJt-lui l" ' J Dawn M. Schanderl Deputy City Clerk Attachment cc: Daniel W. McFarland, Building & Safety Manager Downey Savings & Loan Association This is to acknowledge that I have received the Savings Passbook No. 4902049172 from Downey Savings & Loan Association in the amount of �, Donald L. an or C ery .Jones Dated this L ---day of1992. 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 9 (714) 493-1171 MEMORANDUM February 27, 1992 TO: Dawn Schanderl, Records Coordinator, City Clerk FROM: Daniel W. McFarland, Building & Safety Manager Department of Engineering and Building SU13JECT: Surety Bond - Certificate of Deposit - Grading Bond This memo will serve as authority to release the Certificate of Deposit #4902049172 from Downey Savings and Loan Association posted by Cheryl E. Jones and Donald L. Jones as surety for grading and property restoration of property referred to as 31686 Avenida Evita, San Juan Capistrano. Thank you for your assistance in this matter. DM/st Attachment cc: Building File STATUTORY PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that Cheryl E. Jones or Donald L. Jones , as Principal, hereinafter called CONTRACTOR, and Downey Savings , as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of Ten Thousand and 00/100 Dollars ($ 10,000.00 ) 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 and property restoration as authorized by grading permit No. 21267-B at 31686 Ave. Evita, 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 July 1991 at . California. APPROVED ASTOFORM. C�?L J n R. Shaw ty Attorney PRINCIPAL. B' Cheryl E. ones' Title Contractor SURETY N/A C.D. - Downey Savings By_ Title Page 2.- STATUTORY PERFORMANCE BOND • `C[1f iertnu41 W AmoarrM wHt wnn d l Maryr M dsys In the event of any withdrawal of Mm'Pal from this account prior to the mai date, the account holder shall toill an amount at less, Bpual to the amounttrue of interest trcould have bsen aemed on the amount withdrawn at the pommel ismi Merest) rete being paid had Me funds remained on dapoait until mefudty. The panam, Preacnbed herein will not Da imposed for a witrdrawal of pdricipal lglawirg ere death or adjudication d incompetence of any acmunt holder. Aaglnb wf6t Irma of 32 Oviedo 162 dry" In the even[ of any wthddin al of principal Iran this account prior to the matunty date. the account holder shall lofted an amount equal to one month awls, nommel interest at the rete in effect on Me date of mmdrawal, whether earned or wt. when me original maturity is 1112 days or lees, regardlese of the length of time the funds withdrawn have remained in the account. The penally prescrlined herein will not be imposed for a wlmdrawal of pnncipal following the death or adjudication of incompetence of any account holder. Aceamb Nilly YmY of 133 mralgh 366 days In the event of any withdrawal of principal from this account poor to the maturity date. Me accounmolder shall torten an amount equal to three months simple nominal Interest at the rate in affect on the date of the wMdrawal. whether earned or not, when tie original maturity is 365 days or less. regardless of Me length of time Mar funds withdrawn have remained m the account The penalty presctlbad herein will not be imposed for a withdrawal of principal following the death or adjudication of incompetence of any account holder. Accouhb wits, tomo of 386 days W seal In the event of any withdrawal of principal from Mis account prior to the maturity date, the account holder shall forfeit an amount sal to 6 months simple, nominal interest at the rate in effect on the date of me withdrawal, whether sumac or not, when the original maturity is 366 days or more, regardless of Me length of time the funds withdrawn have remained in the account. The penalty prescnbed herein will not be imposed fora withdrawal of principal folfowmg the death oradjud,caftod of i--i-n— nl emr.r`rniim MW<r IMPORTANT INFORMATION ABOUT YOUR SAVINGS ACCOUNT CHECK CASHING AND CLEARING FOR YOUR PROTECTION AND OURS WHEN A CHECK IS ACCEPTED, A HOLD FOR THAT AMOUNT MAY BE TEMPORARILY PLACED ON yOUR DOWNEy SAYINGS ACCOUNT UNTIL THE CHECK CLEARS. ANGE No* Ofe Awodebw ImmeGleyt* If Of th+a BpOK CS Malwitp OF ADDRESS. PLEASE MOM OR MAL THIS PASSOOOK WRH YOUR SAYMS,TRAfffiACTIpNB, •• rrw r... • a LENDER .... 0 • MEMORANDUM TO: David P. Bentz, Director of Administrative Services ,,//,�,� � FROM: Dawn M. Schanderl, Records Coordinator Gl/7��--' DATE: July 10, 1991 SUBJECT: Savings Passbook - Cheryl E. and Donald L. Jones The following Savings Passbook with Letter of Assignment was received from Daniel McFarland, Building Official, as surety for grading, and property restoration on property located at 31686 Avenida Evita, Parcel 2 of Parcel Map 88-402: Surety: Savings Passbook No. 4902049172 Amount: $10,000.00 Bank: Downey Savings and Loan Association Please put attached Savings Passbook and Letter of Assignment in the safety deposit box. Thank you. cc: Cheryl Johnson, City Clerk Daniel McFarland 0 MEMORANDUM TO: David P. Bentz, Director of Administrative Services �y,� FROM: Dawn M. Schanderl, Deputy City Clerk tv/' �-+-- DATE: March 2, 1992 SUBJECT: Release of Savings Passbook No. On February 27, 1992, the City Clerk's office received a memorandum from Daniel W. McFarland, Building & Safety Manager, to release the following Savings Passbook as all work per agreement has been completed to the satisfaction of the City: Savings Passbook, Account No 4902049172 from Downey Savings & Loan Association in the amount of $10,000.00 held as security for the grading and property restoration at property located at 31686 Avendia Evita, San Juan Capistrano and owned by Donald and Cheryl Jones. Please release from the safety deposit box the above -referenced savings passbook. Thank you for your cooperation. cc: Daniel W. McFarland, Building & Safety Manager 0 March 20, 1992 0 Ken Mr. & Mrs. Donald Jones 31686 Avenida Evita San Juan Capistrano, CA 92675 Re: Dear Mr. & Mrs. Jones: I have your above -referenced Savings Passbook ready for release. I have been unable to reach you by telephone. Please contact me at (714) 493- 1171 extension 243 to arrange a convenient time so you may pick up your passbook. Very truly yours, Llwp? - S6wland"L, Dawn M. Schanderl Deputy City Clerk 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 493-1171 MEMBERS OF THE CITY COUNCIL JERRY HARRIS KENNETH E FRIESS GARY HAUSDORFER aielu;xm 1776 1961 GIF JONES JEFF VASOUEZ •//�� • CITY MANAGER .lI STEPHEN B JULIAN Mr. & Mrs. Donald Jones 31686 Avenida Evita San Juan Capistrano, CA 92675 Re: Dear Mr. & Mrs. Jones: I have your above -referenced Savings Passbook ready for release. I have been unable to reach you by telephone. Please contact me at (714) 493- 1171 extension 243 to arrange a convenient time so you may pick up your passbook. Very truly yours, Llwp? - S6wland"L, Dawn M. Schanderl Deputy City Clerk 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 493-1171