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04-0522_GANGNES, RICHARD & DANA_MemoSURETY AGREEMENT THIS AGREEMENT is made by and between the CITY OF SAN JUAN CAPISTRANO, a municipal corporation, hereinafter referred to as the "City" and Richard and Dana Gangnes an Owner/Builder referred to as "Developer". WITNESSETH WHEREAS, City will issue Grading Permit No. 48148 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 APN 650-012-02, commonly referred to as 29441 Monarch Drive. 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 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. SD 2. Developer's Security. Developer shall provide a Certificate of Deposit drawn on Wells Fargo Bank Account #3868329032 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 $22,946.00 for that work described in Exhibit "A". This security of $22,946.00 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 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 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 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 tL� ZZ , 20 mat San Juan Capistrano, California. Developer City of San Juan Capis ano By: Richard Gan By: Daniel W. McFarl nd Dana Gangne Building Official Owner/Builder Approved as to Form: nn (r)�Va 1�am (A_1/ By: John Shaw City Attorney C� EXHIBIT "A" Gangnes Residence 29441 Monarch Drive Item 1: Construction of all on-site grading (cut, fill and slope stabilization) operations in accordance with Grading Permit No. 48148 and the Developer's plans and supporting documents as listed below: (A) Grading Plan for 29441 Monarch Drive, dated April 16, 2003, prepared by Marshall Ininns Design Group, Richard H. Cahl, RCE No. 21005. (B) Geotechnical Report for 29441 Monarch Drive, dated April 16, 2003, prepared by ViaGeos, Consulting Engineering Geologists, Scot Farquhar, CEG No. 1638. Item 2: Construction of all on-site improvements in accordance with Grading Permit No. 48148 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. EXHIBIT 'B" SCHEDULE FOR COMPLETION OF IMPROVEMENTS Completion Date December 2004 December 2004 Task Rough Grade Certification Landscape Irrigation (Interim) December 2004 Landscape Planting (Interim) EXHIBIT "C" Ll 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. 48148. 2. Grading operations shall commence within fourteen (14) calendar days after issuance of Grading Permit No. 48148. 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. 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. 4. 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. 5. Grading operations suspended during the rainy season shall be resumed no later than 15 days from date of suspension termination. 6. 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. 7. 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. 8. Contractor shall adhere to conditions of haul route permit and encroachment permit issued by the City Engineer. 9. Parking for construction crew is to be on-site. • 32400 PASEO AOELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 PAX www.sanjuaneopistrano.org January 23, 2007 Jaw, "A R�IN�1 ' nruullR � 1961 1716 Richard A. Gangnes or Dana M. Gangnes 479 Ocean Avenue #C Laguna Beach, CA 92651 MEMBERS OF THE CITY COUNCIL SAM ALLEVATO THOMAS W. HRIBAR MARK NIELSEN JOE SOTO OR. LONORES USO Re: Release of Bond — Time Account/Wells Fargo Bank, N.A. Account No 3868329032 Dear Mr. & Mrs. Gangnes: A Grading Bond was received by from you June 22, 2004. BOND TYPE: Time Account — Wells Fargo Bank, N.A Account 3868329032 Richard A. Gangnes or Dana M. Gangnes Payable: City of San Juan Capistrano AMOUNT $22,946.00 GRADING PERMIT NO 48148, APN 650-012-02, 29441 Monarch Drive 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 truly yours, Clerk .e]u1�77 — as noted cc: Nasser Abbaszadeh, Engineering & Building Director San Juan Capistrano: Preserving the Past to Enhance the Future 6J P,inteE on 1001 recycled paper Time -Account Receipt/ Disclosure 3868329032 EVERY O1 MONTHS AND AT WITHDRAWAL Ire mat/wd interest Payment w i — Po .e ,ley YOU WILL AUTOMATICALLY RENEW MY TIME ACCOUNT AT MATURITY UNLESS I NOTIFY YOU OTHERWISE. G The Bank is opening the above described Time Account for your deposit of TWENTY Your seine andTWNINE HUNDRED F_OR_TY SIX_RR eOa RICHARD A GANGNES OR DANA M GANGNES Dater PAYABLE TO THE CITY OF SAN JUAN CAPISTRANOSIJriaturel City Clerk 25442 NEPTUNE DR City of San DANA POINT CA 92629-1213 This is a receipt. it need not be prasented at the time you obtain payment from the Bank W801" CA 553-74-3603 M41 06/18%2004 15:06 C3306 04588 Bank# 00114 Al; 0 0 MEMORANDUM TO: Meg Monahan, City Clerk January 17, 2007 FROM: Nasser Abbaszadeh, Engineering & Building Director .I , A SUBJECT: Grading Bond Release, 29441 Monarch Drive, Gangnes 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 #3868329032, in the amount of $22,946.00 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