1989-0908_LACKO, JOE_Surety Agreement0 0 AND THIS AGREEMENT is made by and between the CITY OF SAN JUAN CAPISTRANO, a municipal corporation, hereinafter referred to as the "City" and Joe Lacko, hereinafter referred to as "Developer". WITNESSETH WHEREAS, City will issue Grading Permit No. 10752B 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 30321 Malispina Road, commonly referred to as Lacko Residence. 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 1) letter of credit, 2) a bond by a duly authorized corporate surety, 3) 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 $15,000.00 for that work described in Exhibit "A". This security of $15,000.00 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 I'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". 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. In Witness Whereof, the parties have executed this agreement as of September 8, 1989, at San Juan Capistrano, California. City of San Juan Capistrano By: By: ,,--roecko Elaine Martinez TitleOwne Building Official Approved as to Form: n Shaw City Attorney EXHIBIT "A" PRECISE GRADING PLAN - LACKO RESIDENCE 30321 MALISPINA ROAD, SAN JUAN CAPISTRANO, CA ITEM 1: Construction of all on-site grading (cut, fill and slope stabilization) operations in accordance with Grading Permit 10752-B and the Developer's plans and supporting documents as listed below: (A) Grading Plan for 30321 Malispina Road, San Juan Capistrano, California prepared by NEIL MC CARTHY COMPANY, Elmer L. Christiansen R.C.E. 10609, Dated: August 3, 1989 (B) Geotechnical Report dated May 19, 1989, prepared by ACADEMY SOILS ENGINEERING, Mohammad M. Zomorrodian R.C.E. 043472 ITEM 2: Construction and placement of Erosion Control in accordance with approved plans for 30321 Malispina Road, San Juan Capistrano, California, prepared by NEIL MC CARTHY COMPANY as included in the above plans. ITEM 4: Restoration Plan for 30321 Malispina Road consisting of grading plan sheet, prepared by NEIL MC CARTHY COMPANY, dated August 3, 1989. 0 EXHIBIT "B" E SCHEDULE FOR COMPLETION OF IMPROVEMENTS PRECISE GRADING PLAN - LACKO RESIDENCE 30321 MALISPINA ROAD, SAN JUAN CAPISTRANO, CA Completion Date October 15, 1989 Task Rough Grading Certification October 15, 1989 Erosion Control Installation 0 EXHIBIT "C" CONDITIONS FOR COMPLETION OF IMPROVEMENTS PRECISE GRADING PLAN - LACKO RESIDENCE 30321 MALISPINA ROAD, SAN JUAN CAPISTRANO, CA 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. 10752-B. B. Grading operations shall commence within fourteen (14) calendar days after issuance of Grading Permit No. 10752-B and no later than October 15, 1989, whichever comes first. 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. Suspension in excess of twenty (20) working days of work authorized by Grading Permit No. 10752-B including erosion -control measures 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 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 satisfaction of Building Official or his deputy. During grading, Contractor shall keep water truck on site and dampen work area, grounds, and loaded trucks. F. Installation of Final Erosion -Control Landscaping and Irrigation shall be commenced within seven (7) calendar days after Rough Grade Certification has been approved by the Building Official, or at any time at the discretion of the Director of Community Planning and Development. G. All work shall be performed in strict observation of the Hours of Operation in accordance with San Juan Capistrano Municipal Code Section 8-107. H. Contractor shall adhere to conditions of haul route permit and encroachment permit issued by the City Engineer. I. No construction trucks are to stop or stand on Malispina Road. J. Parking for construction crew is to be on site. 0 K. Construction and grading equipment Road. No heavy equipment traffic will shall provide all traffic control measures shall secure an encroachment (haul -route) the grading permit. 0 traffic shall take access from Rancho Viejo )e permitted on Ortega Highway. Developer as required for safe vehicular movement and permit from Public Works prior to issuance of 0 January 30, 1990 Mr. Joe Lacko 2245 W. Whittier La Habra, California 90631 Re: Dear Mr. Lacko: d` • � I I -� I� MEMBERS 01 THE CITY COUNCIL ANTHONY L. BLAND LAWRENCE F. BUCHHEIM r' 1111N111II1 1011115.01961 r 1776 R[NNITH E. FRIESS GARY L. HAUSOORFER PHILLIP R. SCHWARTZE • :0 CITY MANAGER _ / STEPHEN B JULIAN Attached is your Certificate of Deposit, Account No. 202-9-001670, from Union Bank, in the amount of $15,000.00. Said Certificate of Deposit was given to the City as security for grading on property located at 30321 Malispina, San Juan Capistrano (Tract 9184, Lot 4). Work has been completed to the satisfaction of the City of San Juan Capistrano and the Certificate of Deposit is hereby released. Thank you for your cooperation. If you have any questions, please do not hesitate to call. Very truly yours, kil Mary Ann Hanover, CMC City Clerk Attachment cc: Elaine Martinez, Building do Safety Manager Union Bank This is to acknowledge that I have received the Certificate of Deposit, Account No. 202-9-001670 from Union Bank, in the amount of $15,000.00 Jon Dated this 'KV day of January, 1990. 32400 PASEO AOELANTO. SAN JUAN CAPISTRANO. CALIFORNIA 92675 • (714) 493.1171 MEMORANDUM TO: May Ann Hanover, City Clerk FROM: Elaine Martinez, Building & Safety Manager Community Planning & Development SUBJECT: Surety Bond Release - Joe Lacko SFR Project January 16, 1990 This memorandum will serve as a notice to your Department to release the following grading bond to: Owner: Mr. Joe Lacko Project Address: 30321 Malispina, San . Juan Capistrano Tract 9184 Lot 4 Amount of Bond: $15,000.00 Bond Serial No. N 007097 Certifice of Deposit Acct.No. 202-9-001670 The work has been completed to the satisfaction of the City of San Juan Capistrano. This letter serves as release for the above bond. No leBoyer Field Service Supervisor Elaine Martinez Building & Safety Manager EM /nk 116-4EM fiAUJ-cd Vie 196 dma (2JJ)6A/- 3 MY § \ \ 0 ^I«mcm0m §�& \CD �\\\ 0(\\\\/)} 3J§/iJ&@a [ ��I�AtM 0 «__� _»a§=\`»@ )\2�\§< 7§cKCC 222»®ga£k m\\{\km\( \}\\( ;14 / k // f6 7CD CD a %§c @& ))Eic {<o }\$\\= 2}R » EE =W 2/2\§(\\ 04 m Sok § \w� /\$ ! Wit i It < \&)$.cS | \ ! 0 SURRENDER FOR PAYMENT Pay to the Order of Joe Lacko withoutrecourse ""City of San Juan Capistrano Mary Ann Hanover, City Clerk By Dawn M. Schanderl, Deputy UL MN IUK 0 0 CIT`F SAN JUAN CAPIST*kNO 10752 APPLICATION PERMIT DEVELOPMENT SERVICES DIVISION DEPARTMENT OF COMMUNITY AND DEVELOPMENT 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 as PHONE (714) 493-1171 PROJECT ADDRESS 20-051 a- l MALISPIVA RD, TRACT I SECTOR ASSESSOR'S PARCEL N0. AREA/SUB OWNER NAME PliJ5 ADDRESS CITY/STATE/ZIP LA p O 3 ARCHITECT PH.: ADDRESS CITY/STATE/ZIP LIC: CIVIL ENGINEER eI A PH.637-35a 1 ADDRESS CITY/STATE/ZIP c� Ca9U-25 LIC, 1011709 STRUCTURAL ENGINEER PA_ ADDRESS CITY/STATE/ZIP LIC. GEOLOGIST ADDRESS CITYISTATE/ZIP LAICgLICG d LICENSED IIATRACTOR DECLARATION 1 swishy afnrm IMI I am licensed uNer p rnsans of Chapter 9, Sechoi 7DD0 BBPC. and my license is In lull win and 111![1 Name Plane Mall Address 4 N0. (AIY'S1a1! zID LK Class CONST UCT NDING AGEN Y (SK. 3097 CC) I hereby annm INI IMre Is a conslruclkm 4ndinp a9enCy I IN pertorlNnu DI IN work W whisk Ian Points is issued L~ sharks Prone Mal Arkansas Gly/Stake/Zq OWNER/GUILDER DECLARATION 1 talo, a1n,m that s An, wow Nan IM conliwok1 License Law ta. ❑ 1. as owner 01 IN property. or my anpNYKs won waters as so4 conpenutm Will 00lhe wak. and IN nwture n mo intended or rknWN for sek r1twerry a owner of IN ~y. an eecluslwoy conlrKlint won IKensed contractors for this Work I 'SK /BPC loll sr auns Cars 1.2 ,79 011KEN'S C PENSATION DECLARATION annm t ! a CMIdKile of nMin to oil leisure w a cenIbGM o1 Worker'{ Canpenulan Mlwanu w a conHwd copy IIIerNI Poky No Cwnpan Capt' I a11N 1 I WolWN 1 Exp it, Vord" D le sgnalwe hk CERTIFICATE OF EXEMPTION FROM, WORKER'S C PENSATION INSURANCE (Diversion prms a Ston a sal I Grn1, Ina m prlgmance a Work 1. wN0 tors pNms n ns . 1 snW na employ n, plraby m ary r1Y11Nr N as w befooke sub scl to Worker s COlnp kk; La of Camm�la Sstnaure hie I certify that I have read this applicati and hereby authorize representatives Signature of Owner or Agent: Owner or Agent's Printed Name: — DISTRIBUTION: White i WORK PERMITTED BY THIS PERMIT - CHECK APPROPRIATE BOX(ES)'. ❑ BUILDING ❑ RE -R Cl NEW CJ PLUMBING 1) ITE IMPROVEMENTS ❑ ADDITION ❑ ELECTRICAL OTHER 0 ALTERATION ❑ MECHANICAL ❑ DEMOLITION ❑ OTHER DESCRIPTION OF WORK. l , r OCCUPANCY. CONST. TYPE V TOTAL V LUATION VALUATION/S0. FL FACTOR(S): 3 ONE DISTRICT. RQ �OLVERLAY DISTRICT: [DNING AL LAND APPROVALS: LIS I A ZONING INFORMATION: ING SETBACKS: FRONT /J/ REAR !Jn RIGHT 2 ��LEFT RED/PROPOSED G ✓ G.J� GS/ RED PARKIN SPACES: G CHECKBY: DATEFINAL YES ❑ NO SUMMARY OF FEES: ❑BUILDING PERMIT ❑ ORDINANCE 211 ❑ PLUMBING PERMIT ❑ ORDINANCE 361 ❑ELECTRICAL PERMIT ❑ CORRIDOR FEE ❑ ME ANICAL PERMIT ❑ S.J.H. [A) (BI ❑ FOOTHILL N/WE IMP. PERMIT /0, no DS DPLA VIEW FEE �262(I�a J rLD ILROFI RVII SM FEECE FEE ^6� O� � /aiwx, UU�BTOTAL .q't175,73 OePOSIT AMOUNT tie— O UILDING FEES DUE 31!5,73 TOTAL TEE DUE , PLANS CHECKED/APPROVED BY: DATE: Z �j PERMIT DOCUMENTS APPROVED BY. ,) OATE: PERMIT ISSUED BY: '73O V PERMIT ISSUE DATE: COMMENTS./CONDITIONS OF PERMIT: v Iv - THIS PERMrl WILL EXPIRE BY LIMITATION IF THE WORK AUTHORIZED HEREBY 15 NOT COMMENCED WITHIN 160 DAYS OF ISSUANCE OR IF THE WORK AUTHORIZED HEREBY IS SUSPENDED OF1ABANDONED FOR A PERIOD OF 180 DAYS. state that the above information is correct. I agree to comply with all ordinances and state laws relating to building construction city to enter upon the jdove-mentioned properly for purposes of inspections. Date: 9 - 12 - R9 Lc-c—kv Yellow—Permittee Gold—File Green—Assessor Pink—Finance MEMORANDUM TO: FROM: DATE: SUBJECT: Ken Hammon, Interim Finance Director Dawn M. Schanderl, Records Coordinator January 1;, 1990 Release of Certificate of Deposit (Lacko/Tract 9184, Lot 4) i On January 18, 1990 the City Clerk's Department received a memorandum from Elaine Martinez, Building Safety Manager, to release the following Certificate of Deposit as all work has been completed to the satisfaction of the City: Certificate of Deposit Account No. 202-9-001670 from Union Bank in the amount of $15,000.00 held as security for grading on property located at 30321 Malispina, San Juan Capistrano and owned by Joe Lacko. Please release from safety deposit box the above -referenced certificate of deposit. Thank you for your cooperation. cc: Elaine Martinez, Building & Safety Manager Stephen Chamberlain, Permit Services Supervisor 0 1] MEMORANDUM September 12, 1989 TO: Mary Ann Hanover, City Clerk FROM: Elaine Martinez, Building & Safety Manager Community Planning & Development SUBJECT: Surety Bond - Joe Lacko SFR Project Attached, please find a Surety Payment Bond - Certificate of Deposit, original Surety Agreement, and copy of grading permit for: Owner: Joe Lacko Address of Project Site: 30321 Malispina, San Juan Capistrano Tract: 9184 Lot: 4 Amount of Bond $15,000.00 Bond Serial No. N 007097 Certificate of Deposit Acct.No. 202-9-001670 This memorandum will serve as a receipt for said bond. Building and Safety Division will notify your Department to release bond when the grading permit is finaled. Thank you for your assistance in this matter. Elaine Martinez \� Building Official EM/nk Attachment cc: John Shaw Mr. Joe Lacko Stephen Chamberlain 0 MEMORANDUM TO: Ken Hammon, Interim Finance Director FROM: Dawn M. Schanderl, Records Coordinator DATE: January 10, 1990 SUBJECT: Release of Certificate of L] On January 18, 1990 the City Clerk's Department received a memorandum from Elaine Martinez, Building Safety Manager, to release the following Certificate of Deposit as all work has been completed to the satisfaction of the City: Certificate of Deposit Account No. 202-9-001670 from Union Bank in the amount of $15,000.00 held as security for grading on property located at 30321 Malispina, San Juan Capistrano and owned by Joe Lacko. Please release from safety deposit box the above -referenced certificate of deposit. Thank you for your cooperation. cc: Elaine Martinez, Building & Safety Manager Stephen Chamberlain, Permit Services Supervisor r P MEMORANDUM 9 January 16, 1990 TO: May Ann Hanover, City Clerk FROM: Elaine Martinez, Building & Safety Manager �v Community Planning & Development SUBJECT: Surety Bond Release - Joe Lacko SFR Project This memorandum will serve as a notice to your Department to release the following grading bond to: Owner: Mr. Joe Lacko Project Address: 30321 Malispina, San . Juan Capistrano Tract 9184 Lot 4 Amount of Bond: $15,000.00 Bond Serial No. N 007097 Certifice of Deposit Acct.No. 202-9-001670 The work has been completed to the satisfaction of the City of San Juan Capistrano. This letter serves as release for above bond. No IW Boyer Field Service Supervisor Elaine Martinez Building & Safety Manager EM Ink 116-4EM Vie /go (-J<3)6 A/ -376y 0 MEMORANDUM 0 TO: Robert Boone, Director of Administrative Services FROM: Mary Ann Hanover, City Clerk DATE: September 13, 1989 SUBJECT: Certificate of Deposit (Joe Lacko SFR Project) On September 12, 1989, the City Clerk's Department received from Elaine Martinez, Building & Safety Manager, a Payment Bond - Certificate of Deposit No. 202-9-001670 (Bond Serial No N 007097) from Union Bank as security for grading for the Joe Lacko SFR Project located at 30321 Malispina, San Juan Capistrano. The certificate is in the amount of $15,000.00 - Please place Certificate of Deposit No. 202-9-001670 in the amount of $15,000.00 in the safety deposit box. Thank you for your coopertion. Mary Annn anon Clerk MAH/dms cc: Elaine Martinex, Building & Safety Manager Stephen Chamberlain, Permit Services Supervisor 4 . • MEMORANDUM TO: Robert Boone, Director of Administrative Services FROM: Mary Ann Hanover, City Clerk DATE: September 13, 1989 SUBJECT: Certificate of Deposit (Joe Lacko SFR Project) On September 12, 1989, the City Clerk's Department received from Elaine Martinez, Building & Safety Manager, a Payment Bond - Certificate of Deposit No. 202-9-001670 (Bond Serial No N 007097) from Union Bank as security for grading for the Joe Lacko SFR Project located at 30321 Malispina, San Juan Capistrano. The certificate is in the amount of $15,000.00_ Please place Certificate of Deposit No. 202-9-001670 in the amount of $15,000.00 in the safety deposit box. Thank you for your coopertion. Mary Annn ano� Clerk MAH(dms cc: Elaine Martine*Building & Safety Manager Stephen Chamberlain, Permit Services Supervisor PAYMENT BOND—CERTIFICATE OF DEPOSIT ULTIPLE MATURITY—NON-NEGOTIABLE• L'nT liank Me ­1'I CERTIFICATE OF DEPOSIT ACCOUNT NO.: 202-9-00167 THIS CERTIFICATE OF DEPOSIT ISSUED BY OUR * * '6 *CI CE * * * * * CERTIFIES THAT * ? e�_u * * * * * *FIFTEEN THOUSAND -"IN NO * a* DOLLARS HAS BEEN DEPOSITED ON SEPTEMBER '11 1$89 * * * * * * * * * *JOE LACA0* s M f'ai.w (DEPOSITOR) AND WILL BE PAYABLE T0: { * * * *PLEDGED TO THE CITY Or SAN JUAN C'AY * * * * (PAYEE) UPON DELIVERY OF THIS CERTIFICATE, PROPERLY ENDORSED, AT THE QUIN%THT ST TEN CALENDAR DAYS FOLLOWING MATURI- TY, WHICH IS 11-15-89 FROM THE DATE OF DWOSIT. IFD DURING THIS WITHDRAWAL PERIOD, WE WILL AUTOMATICALLY REINVEST THIS DEPOSIT FOR A LIKE PERIOD, IF AVAILABL#; RATE THEN IN EFFECT ON THE DAY OF REINVEST- MENT. WE RESERVE THE RIGHT, HOWEVER, NOT TO REINVEST THE DEPOSI, A DEPOSIT THAT IS NOT REINVESTED DOES NOT EARN INTEREST AFTER IT MATURES. THIS DEPOSIT WILL EARN INTEREST AT A RATE OF***7j'150 * * * PERCENT PER ANNUM, COMPUTED ON A ***COMPOUNDED*** INTEREST BASIS USING A **'36EA**T * -DAY YEAR. INTEREST WILL BE PAID TO THE DEPOSITOR. THIS CERTIFICATE IS *NON* TRANSFERABLE. IF ANY OR ALL OF TjB$DEPOSIT IS WITHDRAWN BEFORE MATURITY, THE AMOUNT WITHDRAWN WILL BE SUBJECT TO A SUBSTANTIAL INTEREST PENALTY AS OISGCOSED IN OUR PUBLICATION. DOCUMENT SERIAL NUMBER. N 007097 FORM 3117 (REV 11/88) AUTHORIZED SIGNATURE SUM C. ALLEN �A I i 0 0 MEMORANDUM September 12, 1989 TO: Mary Ann Hanover. City Clerk FROM: Elaine Martinez, Building & Safety Manager Community Planning & Development SUBJECT: Surety Bond - Joe Lacko SFR Project Attached, please find a Surety Payment Bond - Certificate of Deposit, original Surety Agreement, and copy of grading permit for: Owner: Joe Lacko Address of Project Site: 30321 Malispina, San Juan Capistrano Tract: 9184 Lot: 4 Amount of Bond $15,000.00 Bond Serial No. N 007097 Certificate of Deposit Acct.No. 202-9-OOi670 This memorandum will serve as a receipt for said bond. Building and Safety Division will notify your Department to release bond when the grading permit is finaled. Thank you for your assistance in this matter. Elaine Martinez Building Official EM/nk Attachment cc: John Shaw Mr. Joe Lacko Stephen Chamberlain