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01-0426_MARTIN, GERALD/DONNA_Surety AgreementSURETY AGREEMENT THIS AGREEMENT is made by and between the CITY OF SAN JUAN CAPISTRANO, a municipal corporation, hereinafter referred to as the "City" and Gerald and Donna Martin, a Homeowner, referred to as "Developer". WITNESSETH WHEREAS, City will issue Grading Permit No. 43764 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 30736 Paseo Elegancia, commonly referred to as the Gerald and Donna Martin 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 illicit non -storm drain discharge and 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 0 0 2. Developer's Security. Developer shall provide an Investment Certificate of Deposit Account Number354700899 subjectto the approval of the City Attorney, to secure Developer's improvement obligations required under this agreement. The amount of the bond shall be $7,325 for that work described in Exhibit "A". This security of $7,325 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, 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 illicit non -storm drain water discharge and 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 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, orequivalent stabilization measures which include the use of such Best Management Practices as blankets, fiber matrices, catch basin filters, 0 0 or other erosion resistant soil coverings or treatments to satisfaction of the Director of Engineering and Building. 6. Attornev'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. 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. Liabili . 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 April 26, 2001 at San Juan Capistrano, California. Develope �u By: Gerald and Donna Martin Owner/Builder Approved as to Fon By: John S aw City Attorney City of San Juan Capistrano By: Daniel W. M arland Building Official 0 0 EXHIBIT "A" Gerald and Donna Martin Residence (Project Name) Item 1: Construction of all on-site grading (cut, fill and slope stabilization) operations in accordance with Grading Permit No. 43764 and the Developer's plans and supporting documents as listed below: (A) Grading Plan for (Project Name) 30736 Paseo Elegancia, dated March 15, 2001, prepared by (Firm) Jones, Cahl and Associates, (Engineer) Richard Cahl, RCE No. 21005. (B) Geotechnical Report for (Project Name) 30736 Paseo Elegancia, dated January 17, 2001, prepared by (Firm), Peter and Associates, (Engineer) Mr.Lan Pham, RGE No. 686. 0 EXHIBIT "B" SCHEDULE FOR COMPLETION OF IMPROVEMENTS Completion Date June 1, 2001 February 1, 2002 Task Rough Grade Certification Landscape Irrigation February 1, 2002 Landscape Planting 0 0 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. 43764. B. Grading operations shall commence within fourteen (14) calendar days after issuance of Grading Permit No. 43764. 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 silt 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. 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 termination. F. Installation of interim erosion and silt 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 silt control devices, planting, landscaping and irrigation systems shall be installed prior to final inspection of the grading permit. 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. KW zf// /±G el,Ea a 3—n � ,#£ } G 0 � � � 171 0 0 MEMORANDUM August 28, 2007 TO: Meg Monahan, City Clerk FROM: Nasser Abbaszadeh, Building and Engineering Director W.A • SUBJECT: Grading Bond Releases This memorandum is authorization to release the grading bonds posted for the following addresses: Brum Residence 27171 Highland Drive $30,500 41659 Lacouague 31208 Camino Lacouague $4,230 35054 Martin 30736 Paseo Elegancia $7,325 43764 Wesselink 31551 Peppertree Bend $20,000 39497 Woodworth 28002 Goldenridge Lane $16,600 41965 The grading for these projects has been completed and the bonds can be released. If you have any questions, please contact me. 0 32400 PASEO AOELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 4931053 FAx wwwsan]uancaplstrano. org III I 191ITT a nnI ISMO 1961 1776 MEMBERS OF THE CITY COUNCIL SAMALLEVATO THOMAS W. HRIBAR MARK NIELSEN JOE SOTO DR. LONDRES USO September 10, 2007 —7'I,U Gerald and Donna Martin 30736 Paseo Elegancia San Juan Capistrano, CA 92675 w c - Re: Release of Suretv — Gradina Permit No. 43764 — 30736 Paseo Elega cia Dear Mr. & Mrs. Martin: Y V l-� (YLMU�L A Certificate of Deposit Confirmation from Eldorado Bank, Account No. 354700899, in the amount of $7,325 was provided to the City of San Juan Capistrano as surety for Grading Permit 43764, on April 26, 2001. The grading permit was issued related to 30736 Paseo Elegancia. 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. truly Clerk Surety received by: MMC Signature: Gerald or Donna Martin DATE: Abbaszadeh, Engineering & Building Director San Juan Capistrano: Preserving the Past to Enhance the Future �, Printed on 1009/6 recycletl paper �o aa> J I1, 0 o �, *U . m 0 N_ U �. S U vi _ L3. � s T� C tp m N E N—� E m y r l O O i LnF- a c a y� a rY'1 VLL Ew E Z�2o m Q�� a w �= \Ufmg 15 � O O N a d a2d� d z W o 03: Z 0 N d N N ❑ NQ. FY L.L O tO N C U C Q OLij Q mm a U U U O U LL W � ¢ W Ui`mr� �i }I I