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1991-0909_CHRISTOPHER SHAW & ASSOCIATES_Surety AgreementAGREE THIS AGREEMENT is made by and between the CITY OF SAN JUAN CAPISTRANO, a municipal corporation, hereinafter referred to as the "City" and Christopher C. Shaw & Associates, a California Corporation, referred to as "Developer". WITNESSETH WHEREAS, City will issue Grading Permit No.21894-B and Building Permit No. 21727-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 30502 Via Andalusia, commonly referred to as Lot 142, Tract 12954. 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 bond by a duly authorized corporate surety, 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 $32,000 for that work described in Exhibit "A". This security of $32,000 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" and the conditions as set forth in Exhibit "B". -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 8-2.06 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: L. 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- In Witness Whereof, the parties have executed this agreement as of19e-111 at San Juan Capistrano, California. Approved s to By: Joh w City Attorney City of San J an Capistra o Oaniel W. Mc arlan Building Official Principal(s) By: _- Title: By: Title: By: Title: -3- v N STATE OF CALIF c�RN 1 COUNTYOFyrd�nge yss 1 o September 9, 1991 before me, the undersigned, a Notary Public in and for Said State, personally appeared Christopher C. Shaw errs Personally known to me (or proved to me on the basis of satisfactory evidence) to be the person} who executed the within instrument as President on behalf of Christopher_ C. Shaw & Assoc., Inc. the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. OFFICIAL SEAL JORDAN BIDWELL • NOTARY PUBLIC CAUFORNIA ORANGE COUNTY MY Con Expm S9R1. 28. 1990 O m Signature_ — __ (This area for official notarial seal) 0 0 EXHIBIT "A" Christopher C. Shaw & Associates ITEM 1: Construction of all on-site grading (cut, fill and slope stabilization) operations in accordance with Grading Permit No. 21894-B and the Developer's plans and supporting documents as listed below: (A) Grading Plan for 30502 Via Andalusia prepared by Corcoran Preiss Drew, Jim Corcoran, License No. C5597, dated February 7, 1991. (B) Geotechnical Report for 30502 Via Andalusia, prepared by Ian S. Kennedy, Soils Engineer, Ian S. Kennedy, No. CEG1057 dated 4/23/90. ITEM 2: Construction of all on-site improvements in accordance with Grading Permit No. 21894-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. -4- • 0 EXHIBIT "B" SCHEDULE FOR COMPLETION OF IMPROVEMENTS Completion Date Task x Rough Grade Certification x Foundation x Rough Plumbing x Rough Electric x Structural Framing x Structural Final x Mechanical Final x Plumbing Final x Electrical Final x Landscape Irrigation x Landscape Planting -5- EXHIBIT "B" • 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. 21894-B. B. Grading operations shall commence within fourteen (14) calendar days after issuance of Grading Permit No. 21894-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. 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. D. Grading operations suspended during the rainy season shall be resumed no later than 15 days from date of suspension. E. All work shall be performed in strict observation of the Hours of Operation in accordance with San Juan Capistrano Municipal Code Section 8-107. F. Contractor shall adhere to conditions of haul route permit and encroachment permit issued by the City Engineer. 0 MEMORANDUM December 2, 1992 TO: Dawn Schanderl, Deputy City Clerk FROM: Daniel W. McFarland, Building & Safety Manager Department of Engineering and Building bV SUBJECT: Grading Bond Release - Payment Bond Certificate #011259 Please release the referenced bond posted by Peter Halper in the amount of $32,000 with Union Bank. The bond was for grading of lot 142, tract 12954, 30502 Via Andalusia. All work covered under this bond has been completed to the satisfaction of all concerned departments. DM/st cc: Building File f rn n :2 0 1776 December 4, 1992 Mr. Peter Halper 30502 Via Andalusia San Juan Capistrano, CA 92675 Re: Release of Pavment Bond Certificate - Dear Mr. Halper: MEMBERS OF THE CITY COUNCIL KENNETH E. FRIESS JERRY HARRIS GARY L. HAUSDORFER OIL JONES JEFF VASOUEZ CITY MANAGER GEORGESCARSOROUGH Attached is your Payment Bond Certificate No. 011259 issued by Union Bank, in the amount of $32,000.00. Said Payment Bond Certificate was given to the City as security for improvements on property located at 30502 Via Andalusia, San Juan Capistrano (Lot 142, Tract 12954). Work has been completed to the satisfaction of the City of San Juan Capistrano and the Payment Bond Certificate is hereby released. If you have any questions, please do not hesitate to call. Very truly yours, Dawn M. Schanderl Deputy City Clerk Attachment cc: Daniel W. McFarland, Building & Safety Manan Union Bank This is to acknowledge that I have received the issued by Union Bank in the amount of $32,000.00. Dated this 4th day of December, 1992. 92 32400 PASEO ADELANTO. SAN JUAN CAPISTRANO, CALIFORNIA 92675 • 17141 493-1171 MEMORANDUM TO: Cynthia Pendleton, Interim Director of Administrative Services FROM: Dawn M. Schanderl, Deputy City Clerk DATE: December 2, 1992 SUBJECT: Release of Payment Bond Certificate No. 011259 (Halner/Christopher C. On December 2, 1992, the City Clerk's office received a memorandum from Daniel McFarland to release Payment Bond Certificate No. 011259 in the amount of $32,000 which was being held as surety for grading of Lot 142, Tract 12954, 30502 Via Andalusia. Work has been completed to the satisfaction of the City. Please release the bond from the safety deposit box and return to me. Thank you for your cooperation. cc: Cheryl Johnson, City Clerk Daniel W. McFarland, Building & Safety Manager • MEMORANDUM TO: Cindy Pendleton, Interim Director of Administrative Services FROM: Dawn M. Schanderl, Deputy City Clerk 4wld ---- DATE: November 6, 1992 SUBJECT: Bonds - Safety Deposit Box On your next trip to the safety deposit box would you please check and see if the following bonds are there: 1. Rottenberg, $2,000 - Certificate of Deposit #6628114 drawn from Bank of America. 2. Mr. W.R. McCook, $3,000 Time Certificate of Deposit #05602, Equestrian Trail. If you find the above sureties, please release them back to me. Thank you. cc: Cheryl Johnson, City Clerk � e� 0 • * * * * •. is ' * I m o * � �* * $*.y C O * *T*� E 0 E O p O * 1 * * p c �'�a m ai J �* Elk* ic ¢ E'k is c `� v cc W w Q WI is i¢I is U LL i i Q ~ p, LLJ I - —t m a W -k Z: * c _ m m w m c7K * OI o 3 m h Z OD co! is Z! is z is ¢. m m d O W a mK m y CD f\ * J a is F- a c ¢. vim, o m O'.� •�' CJI t owl m O 1n O is .Z is . is •• a m K S LU J .. .. � n � m L E=D oa* CD is w'J'ic so- a c m m Q} P --k= cQ@ Q Z* I— z* z* * m L m O ¢'�N o"N `m tic O f'ic N a) is .y r N .3 w .� W 'r.4 m m e Y o N c C3) O arn: OI O 3 ��i-r� ..ik `aa6* ,ICJIW a* i� 000Q111 `O G E Z Z W ^ I cc m � P �qq � � N m 3 m O* Tic * 0 0 SURRENDER FOR PAYMENT Pay to the order of Peter Hal e without recourse. city o ,,2 eton. City Treasurer 0 MEMORANDUM 0 November 16, 1992 TO: George Scarborough, Interim City Manager Bill Huber, Director Engineering do Building Tom Tomlinson, Director Planning Ron Sievers, Director Public Lands & Facilities Al King, Director Community Services Cindy Pendleton, Interim Director Administrative Services Lee Hitchcock, Field Services Supervisor FROM: Daniel W. McFarland, Building do Safety Manager Department of Engineering and Building SUBJECT: Grading Bond Release - Grading for Single Family Residence 30502 Via Andalusia - Tract 12954, Lot 142 A Payment Bond Certificate was posted by Peter Halper-Christopher C. Shaw and Associates ($32,000.00) as bonding for grading and on-site improvements for a single family residence at 30502 Via Andalusia. The Owner has requested a release of these funds. I am attaching a copy of the agreement and request for release of the bond for your reference. Please complete the attached bond release form and return to me by December 7. L992. DM/mjs Attachments CITY OF SAN JUAN CAPISTRANO GRADING AND ON-SITE IMPROVEMENT BOND RELEASE Project Name Ski(/ SAM. Location 30502 VIA ANAVALVG/ A Tract No. Bond No Developer fPWbe Aatllt�- C. I?51'6 5 0/664w ©/h25Dates Posted Bond Amount $ 3'2,OCC Bonding Company Q�fNF— Scope of work and /construction to be complet� d for bonding purposes: �/%zAYiilV l7 . MrAl���/ Zl d111 Carrnents, notes, conditions The above described project has been reviewed and assessed for completion of the scope of work for which the above referenced bond was posted as surety. The current status of the project is such that the following recommendation is made: Release the bond in total. 2. Reduce the bond to $ 3. Post a supplemental bond of $ to ensure the completion of the following items: and release the original bond. 4. Do Not release the bond until specific written authorization is received. Date Department Comments Peter Halper 30502 Via Andalusia San Juan Capistrano, CA 92675 November 10, 1992 Dan McFarland Building and Safety City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 RE: Bond release for the above address We have a $32,000 bond placed in an account at Union Bank, South Orange County Regional Office, 18300 Von Karman Avenue, Irvine, Ca 92715 on the above property. (#4559017118 phone number 553-7100) We would like to release it as soon as possible. Please find attached a copy of the final exterior inspection. We have had our CofO for two weeks. IAN SWENNEDY July 29, 1992 Peter Ralper Residence 30502 Via Andalusia San Juan Capistrano, CA c/o Chris Shaw, General JOB NUMBER: 89-63 92675 Contract.., �_rgmect9ng Geology*ISoil Enginetr rg • Geonhys,cdi St�,dlns SUBJICCT: Foundation Footing Eanavation Inspection for Proposed Rear Yard Swimming fool, 30502 Via Andalusia (Marbella Golf and Country Club) , Sari Juan Capistrano, California. REFERENCE.: Gcotechni.cal Review of Foundation and Grading Plans for Proposed Rear Yard Swimming Pool, 30502 Via Andalusia (Marbella Golf and Country Club) , Sari Juan Capistrano, California. The foundation footing excavation for the proposed rear yard swimming pool has been made. The pool structural support footings were taken down through the fill soils and into the Capistrano Formation siltstone bedrock to the required grade (5 feet below the adjacent grade, average, and 4 1/2 feet below the Adjacent grade in the north-east corner area). The firm siltstone is considered to be stable and capable of supporting the proposed structural loads. Bearing capacity of the siltstone at footing depth may be assumed to be 2000 pounds per square foot. The footing excavations are according to plans and recommendations, Also, the excavations are to the required depth to have approximately 10 feet of setback from the outside bedrock and fill contact. Note: (1) See Plot Plan (attached) for area inspected. (2) All loose materials (fall -in) should be removed prior to placing steel and pour. (3) Reinforcing of the new footings should be doweled into the existing retaining wall. (4) Sub -drain system behind the existing retaining wall should be exposed and directed away from the proposed pool structure. 1461 Regatta Rd. • Laguna Beach, CA 92651 . (714) 4A4 8114 From : 1;N 5. 4"ENNEDI:71,:J !'F4-B11J • Helper Residence July 29, 1992 Page 2 of 2 9 r 02 If you have any questions regarding this letter, please feel free to tel. }cam a. ncnucyp v Engineering Geologist VG 1057) ISK:kkm copy: City of San Juan Capistrano Building Inspector 0 MEMORANDUM Ta David P. Bentz, Director of Administrative Services FROM: Dawn M. Schanderl, Records Coordinator DATE: September 9, 1991 SUBJECT: 011 SFp 1 X991 On September 9, 1991, 1 received from the Division of Building Safety the following surety: Payment Bond Certificate No. 011259 $32,000.00 Drawn on Union Bank The above bond is in the amount required by the Surety agreement for grading and on- site improvements and property restoration for property located at 30502 Via Andalusia, Lot 142, Tract 12954. Please put Payment Bond Certificate No. 011259 in the saftey deposit box. Thank you for your cooperation. Enclosure cc: Cheryl Johnson, City Clerk V EUAIJL' SURETY AGREEMENT FOR GRADING, AND ON-SITE - IMPROVEMENTS 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 Christopher C. Shaw do Associates, a California Corporation, referred to as "Developer". WITNESSETH WHEREAS, City will issue Grading Permit No.21894-B and Building Permit No. 21727-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 30502 Via Andalusia, commonly referred to as Lot 142, Tract 12954. 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 bond by a duly authorized corporate surety, 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 $32,000 for that work described in Exhibit "A". This security of $32,000 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" and the conditions as set forth in Exhibit "B". -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 8-2.06 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: 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. S. 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- 3 Ll 0 In Witness Whereof, the parties have executed this agreement as of �PT�/`1',f'�y 2 r 19 .,ZL at San Juan Capistrano, California. Approved to By: ]o p City ttorney lyl f San 3 n Caplstra o V lei Bani : el W. ZR -Malan Building Official Principal(s) (nl By: , 4 Title: ( LS 1�4xw� By: Title: STATE OF CALIFOpN ) COUNTY OF yr 4e )as. t September 9, 1991 ,before me, the undersigned a Notary Public in and for said State, personally appeared Christopher C. Shaw V"d* Personally known to me (or proved to me on the basis of satisfactory evidence) to be the personi who executed the within instrument se —President >•wi nd „on behalf of Christopher C. Shaw 6 ASSOC., Inc. the corporation therein named, and acknowledged to me that Such corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors. WITNESS my hand and official seal. Millk M_ , W 1 (This area for off iCial notarial seal) -3- EXHIBIT "A" Christopher C. Shaw be Associates ITEM 1: Construction of all on-site grading (cut, fill and slope stabilization) operations in accordance with Grading Permit No. 21894-B and the Developer's plans and supporting documents as listed below: (A) Grading Plan for 30502 Via Andalusia prepared by Corcoran Preiss Drew, Jim Corcoran, License No. C5597, dated February 7, 1991. (B) Geotechnical Report for 30502 Via Andalusia, prepared by Ian S. Kennedy, Soils Engineer, Ian S. Kennedy, No. CEG1057 dated 4/23/90. ITEM 2: Construction of all on-site improvements in accordance with Grading Permit No. 21894-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. -4- EXHIBIT "B" SCHEDULE FOR COMPLETION OF IMPROVEMENTS Completion Date Task X Rough Grade Certification x Foundation X Rough Plumbing X Rough Electric X Structural Framing X Structural Final X Mechanical Final X Plumbing Final X Electrical Final X Landscape Irrigation X Landscape Planting -5- 0 EXHIBIT "B" E 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. 21894-B. B. Grading operations shall commence within fourteen (14) calendar days after issuance of Grading Permit No. 21894-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. 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. D. Grading operations suspended during the rainy season shall be resumed no later than 15 days from date of suspension. E. All work shall be performed in strict observation of the Hours of Operation in accordance with San Juan Capistrano Municipal Code Section 8-107. F. Contractor shall adhere to conditions of haul route permit and encroachment permit issued by the City Engineer. STATUTORY PERFORMANCE BOND Co KNOW ALL MEN BY THESE PRESENTS, that Christopher C. Shaw and Associates as Principal, hereinafter called CONTRACTOR, and Union Bank , as Surety, hereinafter called SURETY, are hold and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of thirty-two thousand b 00/100 Dollars ($ 32,000.00 ) 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, on-site improvements and property restoration as authorized by grading permit No. 21894-B and building permit No. 21727-B at 30502 Via Andalusia, Lot 142, Tract 12954. 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 foes, including reasonable attorney's fees, 0 i incurred by City in successfully enforcing such obligation, all to be taxed as ousts and included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and .agrees -that no change, extension of time, alteration, or modificatil of statutory obligation, or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterati( or modifications, or of the work to be performed thereunder. Executed this _ &I day of `z7 , 19 _l L, at � Wr11 ;,,INk , C^ , California. APPROVED �}AS(�TQO� FORK. C�IL 1�X++ Jj�hn R. saw y Attorney PRINCIPAL By Titli , (NOTARIZATION AND SEAL) I 11111 1 COUNTY OF LIFORNIbalea {{II rng e 3 o September 9, 1991* before me, the undersigned, a Notary Public in and for c said State, personally appeared Christopher C. Shaw etnF personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons, who executed the within instrument as a LLE President ---e on behalf of Christopher iQ C. Shaw 6 Assoc., Inc. _U !l8arr i the corporation therein named, and acknowledged to me that such corporation executed thewithin instrument pursuantto its AlKlEhL 01TICIAL MAL by-laws or a resolution or its board of directors. JORDAN BIDWELL l _ aav p11etIL at/'dwa rt j$yJoR,E. aw 9 $l� WITNESS my hand and official seal. Nees.,, E.p,•s arp s. r �+ Signature (This area for official notarial seal) Page 2.- STATUTORY PERFORMANCE BOND ND SEAL) E # # # # # da �I S * i* 133ee* �o +* 0, ic 49 ''c#: *� I SSSS• E 8 W ••I * :a; �* i c3 I s 49 S=l UA w Vo �I41 *� S O *;o;a* m S ^ m w II* ice,* I* I* FZ 00, N# i iV) B N �* CD d=01i O' id �J O'L C: U � WI FSIcc, �cc,X vV 4 � .Zci O,P 1�1 i* ,N',* �# # !QIsOs # 0 21# 7I+ i C F # o f * ILnirnO1s 8 aN '' • 01 �j f"•I X10 O, a � •• '149 NIS .1# UiW ,!— ui I * 6 y� 5 MEMORANDUM TO: David P. Bentz, Director of Administrative Services FROM: Dawn M. Schanderl, Records Coordinator DATE: September 9, 1991 SUBJECT: Pa ment Bond Certificate No. 011259 (Christopher C. Shaw & Associates On September 9, 1991, 1 received from the Division of Building Safety the following surety: Payment Bond Certificate No. 011259 $32,000.00 Drawn on Union Bank The above bond is in the amount required by the Surety agreement for grading and on- site improvements and property restoration for property located at 30502 Via Andalusia, Lot 142, Tract 12954. Please put Payment Bond Certificate No. 011259 in the saftey deposit box. Thank you for your cooperation. Enclosure cc: Cheryl Johnson, City Clerk o sin*^c>F_ m p `� m r 0 _3 � b' i.3 N n� fm`s z�m cm F$ *me mZ � Z 3 oo z' n N > d H' i' m • F+ -L N H o m O O F tD % � T * N -i l0 n 3 d m - m �Fko �F O O O -N .. m c c** n. Z % Z �F c O y C0 y m F- --Ix 3 y F m o g F C- (D *g m = c3 c N c m • m Ac Z n Er m mm m M o- cn o o m r o * o x D A m o m m m n* A r 0+ n Z m m �Frn� Z rtN WZ-{ y� O • % fid � o * C Z m Hm�vo o� • mo -ice y am c 3 m p rt TI m mFr o ff 0 *m * Wm 1 I oa p • � N S Gl S F F W n 0 z > -Di m F o w c N W� * W v p C_1 » m H* m m 0 W O � • 1F % m H �F 1. N CD d•cl *m * *. *� d �. *0 Sm L -� STATUTORY PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that Christopher C. Shaw and Associates as Principal, hereinafter called CONTRACTOR, and Union Bank , 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 thirty-two thousand & 00/100 Dollars ($ 32,000.00 ) 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, on-site improvements and property restoration as authorized by grading permit No. 21894-B and building permit No. 21727-B at 30502 Via Andalusia, Lot 142, Tract 12954. , 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, I— O' m 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 c day of z) 191 at 1 Rn V• California. � APPROVED �JAS(�TO� _FORM. (:�L Nsk + J n R. Shaw ty Attorney PRINCIPAL By L C Title (NOTARIZATION AND SEAL) i STATE OF CALIFORNI'oran e )ss. COUNTY OF g On_ September 9, 1991 before me, the undersigned, a Notary Public in and for said State, personally appeared Christopher C. Shaw amd- personally known to me (or proved to me on the basis of satisfactory evidence) to be the personywho executed the within instrument as President __ ' bee et r 9, on behalf of Christopher C. Shaw & Assoc., Inc. the Corporation therein named, and acknowledged to me that such corporation executed the withi n instrument pursuant to its OFFICIAL ' by-laws or a resolution of its board of directors. JORCAN 8I0WELL • NOTARYPUMIC MWORMA WITNESS my hand and official seal. ORANGE COUNTY Y:+bay Comm. Erpres Sept 2a. t94a Signature (This area for official notarial seal) Page 2 - STATUTORY PERFORMANCE BOND ND SEAL)