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.
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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,
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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
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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
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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.
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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
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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. 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.
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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.
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32400 PASEO AOELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 4931053 FAx
wwwsan]uancaplstrano. org
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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
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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
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