1998-1112_WESSELINK, PAUL J._Surety Agreement0 •
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 Paul J. Wesselink, a Private Resident,
referred to as "Developer".
WITNESSETH
WHEREAS, City will issue Grading Permit No.39497 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
31551 Peppertree Bend, commonly referred to as Wesselink 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 Budding 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
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The amount of the bond shall be $20,000.00 for that work described in Exhibit "A". This
security of $20,000.00 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. Attomev 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. 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
//— / Z 199 95r at San Juan Capistrano, California.
Developer City of San Juan Capistr no
Paul J. Wesselink
By: Daniel W. Farand
Building Official
By: Paul. J. Wesselink
Owner
Approved to For
By: John aw
City Attorney
i
EXHIBIT "A"
WESSELLINK RESIDENCE
•
Item 1: Construction of all on-site grading (cut, fill and slope stabilization) operations in
accordance with Grading Permit No. 39497 and the Developer's plans and supporting
documents as listed below:
(A) Grading Plan for Wesselink, dated 11-16-98, prepared by Ray Toal, Engineering,
Ray Toal, RCE No. 16999.
(B) Geotechnical Report for Wesselink, dated 8-25-98, prepared by Petra, RobertW.
Ruff, No. CEG 1165.
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EXHIBIT "B"
SCHEDULE FOR COMPLETION OF IMPROVEMENTS
Completion Date
Approx. 12/31/98
Approx. 2/28/98
Task
Rough Grade Certification
Landscape Irrigation
Approx. 2/28/98 Landscape Planting
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. 39497.
B. Grading operations shall commence within fourteen (14) calendar days after issuance of
Grading Permit No. 39497.
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 interm erosion -control devices and system 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.
L
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.
I. 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) 493-10531"
www.sanjuancapistrano.org
September 10, 2007
Union Bank of California
,f�� I acoenA�A
1776
rs1776 1961
'
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
THOMAS W. HRIBAR
MARK NIELSEN
JOE SOTO
DR. LONORES USO
RE: Payment Bond Certificate, Serial Number 28116, Amount $20,000
To Whom it May Concern:
The City of San Juan Capistrano hereby fully and forever releases and discharges
Union Bank of California from any and all liability under the abovementioned Payment
Bond Certificate. The original — released — documents are enclosed. If you have any
questions, please do not hesitate to call me at (949) 443-6308.
Sincerely,
MMC
Payment Bond Certificate
F- UNION PAYMENT BOND CERTIFICATE
BANK OF Automatic Renewal, Non -Negotiable Certificate Serial Number: 28116
CALIFORNIA Office of Account Liana Point
0479009353
Account Number - _ Amount Deposited $ _
On. NOVEMBER 13 199$
TWENTY THOUSAND ANLL 00/100' - -- _
._Dollars
was deposited for 090- DAYS _ -- __ by _ WESSEL CNK r PAUL JOHN
CITY OF SAN JUAN CAPIST
on _ FEBRUARY f 16 1999 _ (the Maturity Date), upon pre:
at the rate of - 04 1 SVk , compounded dally uR=Ae
ME
Interest will be paid to the Depositor __.QNTHEY _ . Ifthi
within .. TEN _ _ _ _ days after that date the deposit wp�Da��e'1Aerve a'-"Ia
Certificate Is .. NOT .. _ _ transferable. bl9fld tuuta _
C �
If all or any part of this deposit is withdrawn before the acco' AClerk/
withdrawal or compensating fee.
(Depositor) and is payable to
of this Certificate, properly endorsed Thi; deposit will earn interest
annual percentage yield of __. 04 ° 270%
A(e' ed for payment on the account's Maturity Date or
0 . TfECfM the account's Maturity Date. This
amount witTidrewa_may be subject to an early
AUTHORIZE I A RE
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MEMORANDUM August 28, 2007
TO: Meg Monahan, City Clerk
FROM: Nasser Abbaszadeh, Building and Engineering Director 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.
•
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAX
www, sanjuancaptstrano, org
September 10, 2007
Mr. Paul J. Wesselink
31551 Peppertree Bend
San Juan Capistrano, CA 92675
,ate„ •
IA[BRIBAPI[0
BSTRBRISIIO 1, 1961
1776
MEMBERS OF THE CITY COUNCIL
Re: Release of Surety: Gradina Permit 39497 — 3155 Peppertree Bend
Dear Mr. Woodworth:
SAM ALLEVATO
THOMAS W. HRIBAR
MARK NIELSEN
JOE SOTO
DR. LONDRES USO
A Payment Bond Certificate Union Bank #28116, issued on February 16, 1999 and
payable to the City of San Juan Capistrano as surety for Grading Permit 39497, related
to 3155 Peppertree Bend — in the amount of $20,000 is still retained by the City of San
Juan Capistrano.
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.
Very truly yours,
Megrierk
han, MMC
City/
j' 1e
surety received by:
Signature: Paul J. Wesselin4
DATE:
cc: Nasser Abbaszadeh, Engineering & Building Director
San Juan Capistrano: Preserving the Past to Enhance the Future
" Printetl on 100°h recydetl paper
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAx
www.sanjuanea,vistrano.org
September 24, 2007
111
IA[AAIAAARO
• t" siAmseto � 1961
1776
Mr. Paul J. Wesselink
PO Box 8655
Rancho Santa Fe, CA 92067-8655
MEMBERS OF THE CITY COUNCIL
Re: Release of Surety: Grading Permit 39497 — 3155 Peppertree Bend
Dear Mr. Woodworth:
SAMALLEVATO
THOMAS W. HRIBAR
MARK NIELSEN
JOE SOTO
DR. LONDRES USO
A Payment Bond Certificate Union Bank #28116, issued on February 16, 1999 and
payable to the City of San Juan Capistrano as surety for Grading Permit 39497, related
to 3155 Peppertree Bend — in the amount of $20,000 is still retained by the City of San
Juan Capistrano.
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.
Very truly yours,
,MMC
Clerk
cc: Nasser Abbaszadeh, Engineering & Building Director
San Juan Capistrano: Preserving the Past to Enhance the Future
401* Printed on 100% recycled paper
Page 1 of 1
Meg Monahan
From: Meg Monahan
Sent: Monday, October 15, 2007 2:39 PM
To: 'loia600@aol.com'
Attachments: Wesselink.pdf
Mr. Wesselink,
Attached is a copy of the payment bond certificate that we have on file.
If you plan to pick this up from our office, you will need to bring identification and sign a
release. If you find you no longer need the document, I would appreciate it if you would let me
know so I can close your file.
Thank you,
Meg Monahan, MMC
City Clerk
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
(949) 443-6308
(949) 493-1053 - fax
10/15/2007
10/15/2007 13:37 8587590202
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