07-0910_BRUM, ROGER & DEBBIE_Release of Suretyis
32400 PASEO AOELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493.1053 FAX
www.sar!luancapistrano.org
September 10, 2007
Roger and Debbie Brum
27171 Highland Drive
San Juan Capistrano, CA 92675
Dear Mr. & Mrs. Brum:
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MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
THOMAS W. HRIBAR
MARK NIELSEN
JOE SOTO
OR. LONDRES USO
An Investment CD Receipt, issued by the Bank of America, Account No. 07290-01899
in the amount of $30,570 was provided to the City of San Juan Capistrano as surety for
Grading Permit 41696, March 3, 2000. The grading permit was issued related to 27171
Highland Drive.
The Engineering Department has informed me that this work was completed long ago,
but the surety release was never requested. Engineering has released the surety and it
may be picked up at the Office of the City Clerk.
Please stop by to pick up this surety. You will be asked to provide identification in order
for us to release it. If for some reason the surety is no longer negotiable and you are not
interested in claiming it, I would appreciate a faxed letter to that extent so we may close
our file — Fax (949) 493-1053.
If you have any questions regarding the surety, please feel free to contact me at (949)
443-6308.
Surety received by:
Very truly yours,
'I M¢
g Mon han, MMC Signature: Roger or Debbie Br m
Clerk DATE: 8 14 -off
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cc: Nasser Abbaszadeh, Engineering & Building Director
San Juan Capistrano: Preserving the Past to Enhance the Future
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An Investment CD Receipt, issued by the Bank of America, Account No. 07290-01899
in the amount of $30,570 was provided to the City of San Juan Capistrano as surety for
Grading Permit 41696, March 3, 2000. The grading permit was issued related to 27171
Highland Drive.
The Engineering Department has informed me that this work was completed long ago,
but the surety release was never requested. Engineering has released the surety and it
may be picked up at the Office of the City Clerk.
Please stop by to pick up this surety. You will be asked to provide identification in order
for us to release it. If for some reason the surety is no longer negotiable and you are not
interested in claiming it, I would appreciate a faxed letter to that extent so we may close
our file — Fax (949) 493-1053.
If you have any questions regarding the surety, please feel free to contact me at (949)
443-6308.
Surety received by:
Very truly yours,
'I M¢
g Mon han, MMC Signature: Roger or Debbie Br m
Clerk DATE: 8 14 -off
I /
cc: Nasser Abbaszadeh, Engineering & Building Director
San Juan Capistrano: Preserving the Past to Enhance the Future
0 Printed on 100% recyclatl paper
0 0
SURETY AGREEMENT
THIS AGREEMENT is made by and between the CITY OF SAN JUAN CAPISTRANO, a
municipal corporation, hereinafter referred to as the "City" and Roger and Debbie Brum,
Owner/Builder referred to as "Developer".
WITNESSETH
WHEREAS, City will issue Grading Permit No. 41659 and Building Permit No.
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 27171 Highland Drive, commonly
referred to as Brum Residence.
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.
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2. Developer's Security. Developer shall provide a Certificate of Deposit subject
to the approval of the City's City Attorney, to secure Developer's improvement obligations
required under this agreement.
The amount of the bond shall be $30,570.00 for that work described in Exhibit "A".
This security of $30,570.00 shall also serve as security for restoration of the site. A copy
of the surety instrument, as approved by the City Attorney, is attached as Exhibit "D".
3. 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. Remove all debris and construction materials from the site; and
D. 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 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.
0 0
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. Liabilit . 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
2000_ at San Juan Capistrano, California.
Deff��vello��p�,�ne�,r AA ��
OA" J444g—
Debbie Brum
Approved as to
By: John
City
Capis rano
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Daniel McF and
BuildingOfficial
0 41
EXHIBIT "A"
Brum Residence
Item 1: Construction of all on-site grading (cut, fill and slope stabilization) operations in
accordance with Grading Permit No. 41659 and the Developer's plans and
supporting documents as listed below:
(A) Grading Plan for Brum Residence, dated December 6, 1999, prepared by
Peter & Associates, Johnny S.M. Ong, Engineer, RCE No. C51083.
(B) Geotechnical Report for Brum Residence, dated December 8, 1999,
prepared by Peter & Associates, Lan Pnam, Engineer, No. 686.
• 0
EXHIBIT "B"
SCHEDULE FOR COMPLETION OF IMPROVEMENTS
Completion Date
May, 2000
June,2000
Task
Rough Grade Certification
(Depending on rain delays)
Landscape Irrigation
November, 2000 Landscape Planting
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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. 41659.
B. Grading operations shall commence within fourteen (14) calendar days after
issuance of Grading Permit No. 41659, depending on delays caused by rain.
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. 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, shall be
filed with the Building Official. This interim report shall conform to the grading code
requirements for final compaction reports.
D. 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.
E. Grading operations suspended during the rainy season shall be resumed no later
than 15 days from date of suspension.
F. 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.
& 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.
Parking for construction crew is to be on-site.
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