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1995-0621_SPRAGUE, LEE_Surety AgreementSURETY AGREEMENT THIS AGREEMENT is made by and between the CITY OF SAN JUAN CAPISTRANO, a municipal corporation, hereinafter referred to as the "City" and Lee Sprague, an individual, referred to as "Developer". WITNESSETH WHEREAS, City will issue Grading Permit No. 33691 and Building Permit No. 33692 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 11826, Lot 2, commonly referred to as 28311 Ave. La Mancha, San Juan Capistrano, CA. WHEREAS, San Juan Capistrano Municipal Code Section 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 Section 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 bond by a duly authorized corporate surety, AMWEST, 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 $16,500 for that work described in Exhibit "A". This security of $16,500 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". <SLLC-�2 �S a 6&--)1,'-le6 L�� �/G702 0 0 Surety Agreement Sprague Residence 28311 Ave. La Mancha Page 2 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". 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 as security to ensure against adverse aesthetic impacts arising from uncompleted 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: A. Dismantle and/or demolish improvements; B. Grade property to its original contours as shown on the grading plan referred to in Exhibit "A",- C. A"; C. Remove all debris and construction materials from the site; and D. Install erosion control, including hydroseeding, to the satisfaction of the Building Official. 6. Attomev's Fees. Developer agrees to pay City such sum as the court may adjudge as reasonable for the legal services of an attorney representing the 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. 0 0 Surety Agreement Sprague Residence 28311 Ave. La Mancha Page 3 In witness whereof, the parties have executed this agreement as of S� at San Juan Capistrano, California. Developer .LES �er9laE By: Lee Prague Owner App d as to Form; _ _ By. Richard K. Denhalter City Attorney � f , t I Wmi!TA!, 0, 0 Daniel W. McFarland I Building Official Surety Agreement Sprague Residence 28311 Ave. La Mancha 0 0 EXHIBIT "A" SPRAGUE RESIDENCE Page 4 Item 1: Construction of all on-site grading (cut, fill and slope stabilization) operations in accordance with Grading Permit No. 33691 and the Developer's plans and supporting documents as listed below: (A) Grading Plan for Sprague residence, dated March 6, 1995, prepared by Alpine Consultants, Gaby Antoun, RCE No. 041671. (B) Geotechnical Report for Sprague Residence, dated March 10, 1995, prepared by Bogseth-Hetherington, Mark Hetherington, No. 397. Item 2: Construction of all on-site improvements in accordance with Grading Permit No. 33691 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 the City Engineer. Item 3: Construction of foundations and buildings in accordance with Building Permit No. 33692, and the building plans for Sprague residence, by Shulda-McCloskey, John McCloskey, No. C-019351. Surety Agreement Page 5 Sprague Residence 28311 Ave. La Mancha EXHIBIT "B" SCHEDULE FOR COMPLETION OF IMPROVEMENTS Completion Date Task July 30, 1995 Rough Grade Certification 0 0 Surety Agreement Page 6 Sprague Residence 28311 Ave. La Mancha 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. 33691. B. Grading operations shall commence within fourteen (14) calendar days after issuance of Grading Permit No. 33691. 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. Except as specified in item "F" below, suspension in excess of twenty (20) working days of work authorized by Grading Permit No. 33691 and Building Permit No. 33692, including erosion -control measures and landscaping and irrigation, shall constitute default of this agreement. D. 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 item "F" below), shall be filed with the Building Official. This interim report shall conform to the grading code requirements for final compaction reports. E. Contractor shall control dust to the satisfaction of the Building Official or his deputy. During grading, Contractor shall keep water truck on site and dampen work area, grounds, and loaded trucks. F. Grading operations suspended during the rainy season shall be resumed no later than 15 days from date of suspension. 0 0 Surety Agreement Sprague Residence 28311 Ave. La Mancha Page 7 G. 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. H. All work shall be performed in strict observation of the Hours of Operation in accordance with San Juan Capistrano Municipal Code Section 8-107. ID ` imlarro�mo f�IlOA[I � 1961 1776 April 25, 1996 Mr. Lee Kenneth Sprague 28311 Avenida La Mancha San Juan Capistrano, CA 92675 �- - . .f '- •4! aS. . . . Dear Mr. Sprague: MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL WYATT HART GILJONES CAROLYN NASH DAVID SWEROUN CRY MANAGER GEORGE SCARBOROUGH The work covered by the following bond for grading, has been completed to the satisfaction of the Building and Safety Division of the City of San Juan Capistrano and hereby released: Statutory Performance Grading Tract 11826, Lot 2 $16,500 Enclosed is a certified copy for your records. If you have any questions, please do not hesitate to call me at (714) 443-6310. Very truly yours, Dawn M. Schanderl Deputy City Clerk cc: Daniel McFarland, Building Official Amwest Surety Insurance Company 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 EXHIBIT "D" ' RELEASED � BOND NO: 1290053 / PREMIUM: $330.00 DATE �7/o���f -4 STATUTORY PERFORMANCE BOND INITIALS/Q'1.Ccm�r�. �nf1/1 YL KNOW ALL MEN BY THESE PR BENTS, that LEE KENNETH SPRAGUE as Principal, hereinafter called CONTRACTOR, and AMHEST SURETY INSURANCE COMPANY as surety, hereinafter called SURETY, are held and firmly bound unto the City of San cluan Capistrano, as Obliges, hereinafter called CITY, in the amount Of SIXTEEN THOUSAND FIVE HUNDRED AND 00/100 Dollars t8 16,500.00 } 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 f011oNit GRADING OF PLAN 2 TRACT 11826, LAMANCHA, SAN JUAN CAPISTRANO, CALIFORNIA NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said statutory obligation, thea this obligation shall be null and voids otherwise it shall remain in frill 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. 9E IT FURTHER RSSOLVED, that: I. 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, . r BOND NO: 1290053 incurred by Citin successfully enforc0such obligation, be taxed as Costs and included in any judgment rendered. all to 2. Said Swrety, for value received► hereby stipulates and agrees that no change► extension of time, alteration, or modificatio of statutory obligation, or of the work to be performed thereunder, shall in any way affect its ebligations or this bond, and it dots hereby waive notice of any such change, extension of time, alteration or modifications, or of the work to be performed thereunder. Executed this 20TH day of JUNE , 1995 at HUNTINGTON BEACH California. APPROVED AS TO rOM1. i v.. Denhalter � i 1.i)rney Paye 2 - STATUTORY PERFORMANCE BOND LEE KENNETH SPRAGUE PRINCIPAL . By,Sa Title (NOTARIZATION AND SEAL) AMYEST SURETY INSURANCE COMPANY SURETY By Title ATTO EY -IN -FACT MAX E. KALDENBE G (NOTARIZATION AND Sp -L) lft.Amwest Amwest Surety Insurance Company State of CALIFORNIA County of ORANGE ft NOTARY ACKNOWLEDGMENT On 6/20/95 before me, CAROL L. WEAVER (here insert name) Notary Public, personally appeared MAX E. KALDENBERG personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me all that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature ❑ INDIVIDUAL(S) ❑ PARTNER(S) ❑ CORPORATE IX ATTORNEY IN FACT OFFICERS ❑ TRUSTEE(S) ❑ SUBSCRIBING WITNESS THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED HEREIN: A UN -A9016 (Rev.6/94)!] Document Title or Type: Number of Pages: Signer(s) other than named w:4: CAROL L. WEAVER 6F ' COMM. #1022112 Q NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY Mb Comm Exphes Apd 9, IM (Seal) NAME OF PERSON(S) OR ENTITY(IES) ❑ GUARDIAN/CONSERVATOR AMWEST SURETY INS CO ❑ OTHER _ — _. Document VOT VALID FOR HONOS POWER NUMBER EXECUTED ON OR AFTER 0405186 `sv 10-13-95 READ CARL'FULLY- To be usedon1j, in coqjuction will, the bondsliecifiedhereiny This document is printed on multicolored security paper with black and red ink, with border in blue ink and bears the raised seal of Amwest Surety insurance Company (the "Company"). Only unaltered originals of this Power of Attorney are valid. This -' Power of Attorney is valid solely in connection with the execution and delivery of the bond noted below and may not be used - in conjunction with any other power of attorney. No representations or warranties regarding this Power of Attorney may be made by any person. This Power of Attorney is governed by the laws of the State of California. Any power of attorney used in connection with any bond issued by the Company must be on this form and no other form shall have force or effect. , KNOW ALL MEN BY THESE PRESENTS, that Amwest Suretv Insurance Company, a California corporation (the"Company"), does hereby make. constitute and appoint: MAX E. KALDFNBERo AS A4 EMPLOYEF OF AMWEST SJRETY INSURANCE COMPANY its true and lawful Attomey-in-Fact, with limited power and authority for and on behalf of the Company as surety to execute, deliver and affix the seal of the Company thereto if a seal is required on bonds, undertakings, recognizances or other written obligations in the nature thereof as follows: 31d donds up to $#*1,000,000.00 :ontract (Performance & Payment), Court, Subdivision $**3,J00,000.D _icense & Permit Bonds up to $**1,000,000.00 yiscellaneous Bonds up to $**1,000,000.00 Small Business Administration buaranteed Bonds up to $**1,250,000.0 and to hind the Company thereby. This appointment is made under and by authority of the By -Laws of the Company, which are now in full force and effect. CERTIFICATE 1, the undersigned secretary of Amwest Surety Insurance Company, a California corporation, DO HEREBY CERTIFY that this Power of Attorney remains in lull force and effect and has not been revoked and furthermore, that the resolutions of the Board of Directors set forth on the reverse, and that the relevant provisions of the By -Laws of the Company, are now in Full force and effect. td number 1290053 .Signed incl scaled this 20TH day of JUNE 1995 -"/ 0000405186 - 59 U Karen G. Cohcn. Secrciary _'°—_ —' —_— M AMEN~ $ C' } STATE OF CALIFORNIA }ss. COUNTY OF ORANGE } On June 21, 1995 , before me, DEBRA BARBER, NOTARY PUBLIC personally appeared LEE KENNETH SPRAGUE , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)Q a subscribed to the within instrument and acknowledged to me th hes executed the same i�uthorized capacity lies), and that b hi rJth ,ir signatures) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (This area for official notarial seal) DEBRA BARBER S � COMM.,f 1066742 r� NWWPt6Ac—CaYfpNo C+R/J�GE COUMV *M Comm. E»r«MAV 2e, lvvs Title of Document PERFORMANCE BOND Date of Document JUNE 20, 1995 No. of Pages 2 Other signatures not acknowledged 3008 (1194) (General) First American Title Insurance Company 0 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO 0 I, DAWN M. SCHANDERL, Deputy City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the attached is a true and correct copy of the following document: Statutory Performance Bond No. 1290053, dated June 20, 1995, in the amount of $16,500 and regarding Surety Agreement for Tract 11826, Lot 2. (SEAL) /(AL(IYl DAWN M. SCHANDERL, DEPUTY CITY CLERK San Juan Capistrano, California Dated this 25th day of April, 1996. 0 0 MEMORANDUM April 24, 1996 TO: Dawn Schanderl, Deputy City Clerk FROM: Daniel W. McFarland, Building Official Department of Engineering & Building SUBJECT: Release of Sprague Grading Bond Please release grading bond No. 1290053 in the amount of $16,500.00 secured through Amwest Surety Insurance Company. This bond was posted by Lee Sprague for grading of Tract 11826, Lot 2, also known as 28311 Ave. La Mancha, San Juan Capistrano. DWM/st