05-0706_FOSTER ,GERALDSURETY AGREEMENT
THIS AGREEMENT is made by and between the CITY OF SAN JUAN CAPISTRANO, a
municipal corporation, hereinafter referred to as the "City" and Mr. Gerald Foster, an
Owner/Builder referred to as "Developer".
WITNESSETH
WHEREAS, City will issue Grading Permit No. 49518 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 12954 Lot 167 APN 650-612-11 commonly referred to as
30262 Marbella Vista, San Juan Capistrano.
WHEREAS, San Juan Capistrano Municipal Codes Section 8-2.08 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
including the construction of drainage and protection devices and any other corrective work
to remove and eliminate engineering and geological hazards.
WHEREAS, San Juan Capistrano Municipal Code Section 8-2.09 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 Oblioations. 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 with
Wells Fargo Bank, N.A. Account Number 5890937807 subject to the approval of the City
Attorney, to secure Developer's improvement obligations required under this agreement.
The amount of the bond shall be $6,490.00 for that work described in Exhibit "A".
This security of $6,490.00 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. Comoletion 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 and silt control measures within the time required, using
Best Management Practices (BMP) in implementing a Water Quality Management Plan in
full compliance with Orange County National Pollutant Discharge Elimination System
(NPDES) Storm Water Implementation Agreement and San Juan Capistrano Municipal
Code Section 8-14, 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 8-2.09
allows the City to require bonding as security to ensure against adverse aesthetic impacts
arising from uncompleted grading, drainage and/or improvements which includes illicit non -
storm drain water discharge. The purpose of this bonding shall be to restore the property to
its original condition if the Developer defaults. This restoration shall include but not be
limited to the following:
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 and silt control devices, including hydroseeding, to
insure a uniform vegetative cover, or equivalent stabilization
measures which include the use of such Best Management Practices
as blankets, fiber matrices, catch basin filters, or other erosion
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resistant soil coverings or treatments to satisfaction of the Director of
Engineering and Building.
6. Attorney's Fees. Developer agrees to pay City such sum as the court may
judge 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 anyjudgment 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.
n witness whereof, the parties have executed this agreement as of
20 OS at San Juan Capistrano, California.
Developer
By: Gerald Foster
Owner/Builder
Approved as to Form:
q�x��
By: John Shaw
City Attorney
City of San Juan Capistrano
By: Nasser Abbaszadeh
Engineering and Building Director
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EXHIBIT "A"
Gerald Foster Residence
30262 Marbella Vista
Item 1: Construction of all on-site grading (cut, fill and slope stabilization) operations in
accordance with Grading Permit No. 49518 and the Developer's plans and
supporting documents as listed below:
(A) Grading Plan for Foster Residence, dated June 6, 2005, prepared by
Dennis C. Wood Architect, No. C6917.
(B) Geotechnical Report for Foster Residence, dated March 31, 2005,
prepared by Hetherington Engineering, Inc., Paul A. Bogseth, CEG No.
1153.
Item 2: Construction of all on-site improvements in accordance with Grading Permit No.
49518 and Developer's grading plans referenced in Item 1 above, including, but
not limited to: driveways, parking areas, retaining walls, erosion and silt control,
terrace drains, down drains, sub -drains, area drainage systems, and private
storm drain systems not a part of Developer's Improvement Plans filed with the
City Engineer.
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EXHIBIT "B"
SCHEDULE FOR COMPLETION OF IMPROVEMENTS
Completion Date Task
December 2005
June 2006
Rough Grade Certification
Landscape Irrigation (Interim)
June 2006 Landscape Planting (Interim)
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EXHIBIT "C"
CONDITIONS FOR COMPLETION OF IMPROVEMENTS
1. 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. 49518.
2. Grading operations shall commence within fourteen (14) calendar days after
issuance of Grading Permit No. 49518.
Winter grading will be conducted in strict accordance with the dynamic erosion and
silt control plan submitted by the Developer, and approved by the City. This erosion
and silt control plan reflects erosion and silt 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 and silt control plans reflecting current
conditions of grading shall be submitted within ten (10) days of cessation of work.
These plans shall:
1. Identify all pollutant sources including sources of sediment that may affect
the quality of storm water discharges associated with the construction
activity.
2. Include the erosion and sediment control planting and hydroseeding to
insure a uniform vegetative cover or equivalent stabilization measures which
include the use of such Best Management Practices as blankets, fiber
matrices, catch basin filters or other erosion resistant soil covering or
treatments to the satisfaction of the City Engineer.
3. A sequence plan of grading operations shall be approved by the City prior to the
issuance of any grading permit for this project. Any variation or deviation in the
sequence of operations must be recommended, in writing, by the supervising civil
and soils engineers and approved by the Building Official prior to performing any
work related to the variation or deviation.
4. 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.
5. 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.
6. Grading operations suspended during the rainy season shall be resumed no later
than 15 days from date of suspension termination.
7. Installation of interim erosion and sediment 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 and sediment control devices, planting,
landscaping and irrigation systems shall be installed prior to final inspection of the
grading permit.
8. All work shall be performed in strict observation of the Hours of Operation in
accordance with San Juan Capistrano Municipal Code Section 8-1.03.
9. Contractor shall adhere to conditions of haul route permit and encroachment permit
issued by the City Engineer.
10. Parking for construction crew is to be on-site.
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32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493.1171
(949) 493-1053 FAx
www.sanjuancapistrano.org
January 23, 2007
Gerald L. Foster or Rosa Leong
30471 Via Festivo
San Juan Capistrano, CA 92675
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FSIAIlIfIl1 I 1961
1776
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
THOMAS W. HRIBAR
MARK NIELSEN
JOE SOTO
DR. LONDRES USO
Re: Release of Bond — Time Account/Wells Fargo Bank, N.A. Account No 5890937807
Dear Mr. Foster:
A Grading Bond was received by the City of San Juan Capistrano on July 6, 2005.
BOND TYPE: Time Account — Wells Fargo Bank, N.A
Account5890937807
Gerald L. Foster or Rosa Leong
Payable: City of San Juan Capistrano
AMOUNT $6,490.00
GRADING PERMIT NO 49518 — Tract 12954, Lot 167/APN 650-612-11
30262 Marbella Vista Road
This letter serves as notification that the City of San Juan Capistrano fully releases this bond. The
original time account receipt/Disclosure is attached as released. If you have any questions, please
do not hesitate to call me at (949) 443-6308.
Very
ytruly yours, ^
Clerk
CMC
as noted
cc: Nasser Abbaszadeh, Engineering & Building Director
San Juan Capistrano: Preserving the Past to Enhance the Future
C' Printed on recycled paper
Time Account
Receipt/Disclosure
bank name
Wells Farqo Bank, N.A.
Ime Account number Dale opened Term of Tene Aaoum
5890937807 06/28/2005 6 months days
Mwiny Inbreelra0 FNad nob, rete Annual parcentWe ylNd
Your Time Account will mature On 12/28/2005 2.23 X 2.26
nleresl ell be pal
EVERY 01 MONTHS AND AT WITHDRAWAL
no momm W Moment pry e
YOU WILL NOT AUTOMATICALLY RENEW
MY TIME ACCOUNT AT MATURITY
476-30-2188
The Bank Is opening the above described Time Account for your deposit of
SIX THOUSAND FOUR HUNDRED NINETY AND 0/100 $ "•**$6,490.00
Your name and address
GERALD L. FOSTER OR ROSA LEONG
PAYABLE TO THE CITY OF SAN JUAN CAPI
434 N LARCHMONT BLVD
LOS ANGELES CA 900043014
06/28/2005 11:47
CG945 04440 Bank# 00114
RELEASED
Date:
City Clerk
City of San lua afftrin'o',-C
This Is a recelpt. It need not be presented at the time you obtain payment from the Bank
W60168111104 839784) TMe Aomuni$
colo: 00114 CA
Maker/Od9lnatm Makw/Odgkoex Phone number. APPROVER:
CRISTINA CUELLAR I 310/550-2101 1
Lwaeon Ofr. n.W Dale
04440 1 CG945 106/2812005 11:47
Acmumnumber
5890937807
GERALD L FOSTER
New/Non-retirement
Proof Win
Information In boxes below must be encoded. All Information must be completed for proper processing to occur.
Serial No. (Customer account numb✓) Rou r49 ram6 Number Amount
5890937807 511409323 *"'$6,490.00
ENCODE ENCODE ENCODE
4 4 4
0 0
MEMORANDUM January 17, 2007
TO: Meg Monahan, City Clerk
FROM: Nasser Abbaszadeh, Engineering & Building Director /
SUBJECT: Grading Bond Release, 30262 Marbella Vista, Foster Residence
This memorandum is authorization to release the grading bond posted for the above
reference address. The grading for the project has been completed sufficiently to warrant
the release of the bond.
A Wells Fargo Bank Savings Passbook Account #5890937807, in the amount of $6,490.00
was posted as security for the bond. A copy of the Surety Agreement and Savings
Passbook is attached for your information. If you have any questions, please contact me.
Attachment
cc: file