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
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116-4EM
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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
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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