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1991-0412_HONORES, ERNESTO_Surety Agreement SURETY AGREEMENT FOR GRADING LANDSCAPING AND ON-SITE IMPROVEMENTS AND PROPERTY RESTORATION TH AGREEMENT is made by and between the CITY OF SAN JUAN CAPISTRANO, a munic' al corporation, hereinafter referred to as the "City" and Mr. Ernesto Honores, referred to as "Developer". WITNESSETH WH REAS, City will issue Grading Permit No.21483-B and Building Permit No. 21484-B to Developer to construct certain designated improvements, more particularly describe in Exhibit "A" attached and incorporated herein by reference, which said improve ents constitute a portion of that real property at the location of 33811 V le Road, San Juan Capistrano, California WH EAS, San Juan Capistrano Municipal Code 8-3.05 requires the posting of financial security to secure the faithful performance and labor and materials for the grading a d installation of improvements connected with issuance of grading permits. WH EAS, San Juan Capistrano Municipal Code 8-3.06 authorizes the Building Official o require additional bonding as security to ensure against adverse aesthetic impacts arising from incomplete grading and/or improvements from development projects hich have not been completed. WHE EAS, the Building Official finds that the proposed project site is highly prominen and visible to the community, has unique topographic features or involves substanti 1 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, rovide and furnish all labor, materials and equipment for the installation of improvem nts set forth in Exhibit "A". The grading permit and plans, which further defines th improvements in Exhibit "A", are on file in the office of the City's Building Official, nd all documents referenced in Exhibit "A" are incorporated herein by reference. 2. evelo is Securit . Developer shall provide a passbook savings account subject to the approval of the City's City Attorney, to secure Developer's improvement obligation required under this agreement. he amount of the bond shall be $27,868.00 for that work described in Exhibit "A". This security of $27,868.00 shall also serve as security for restoration of the site. A copy of he surety instrument, as approved by the City Attorney, is attached as Exhibit 11011. 3. om letion of Improvements. To ensure the protection of the public safety, health and welfare, Developer shall construct the improvements described in Exhibit "A" in accords ice with the schedule as set forth in Exhibit "B", and the conditions as set forth in Ex iibit "C". -1- 4. Developer Default. In the event Developer does not complete the required improve ents, including erosion-control measures within the time required, or abandons the proj ct site, or suspends work for more than twenty working days other than previousl prescribed, City shall have the right to immediately declare a default and to make de and on the surety for performance. 5. Restoration of Site. San Juan Capistrano Municipal Code Section 8-3.06 allows the City o require bonding a security to ensure against adverse aesthetic impacts arising from inc mpleted grading and/or improvements. The purpose of this bonding shall be to restore t e property to its original condition if the Developer defaults. This restoration shall incl de: 1. Dismantle and/or demolish improvements; 2. Grade property to its original contours as shown on the grading plan referred to in Exhibit "A'; 3. Remove all debris and construction materials from the site; and 4. Install erosion control, including hydroseeding, to the satisfaction of the Building Official. 6. Attorney's Fees. Developer agrees to pay City such sum as the court may adjudge a reasonable for the legal services of an attorney representing City in an action brought t enforce or interpret the obligations of this agreement, and such sum shall be made a art of any judgment in such action against Developer if such action is determine in favor of said City. 7. Develo er's Work in Safe Condition. Developer shall perform all work in a safe workmanli amanner and shall take such precautions as may be necessary to warn and protect t e public from any dangerous condition caused by the construction of said improvem nts. 8. iabilit . Developer shall hold City, its officers and employees harmless from any and al claims, demands, causes of action, liability or loss of any sort because of, or arising ou of, the acts or omissions of Developer, his contractor, subcontractors, agents or employ es in the performance of this agreement. -2- In Witness Whereof, the parties have executed this agreement as of 12-, , 19 _L at San Juan Capistrano, California. Ci of San Juan Ca 'strWo By: anteI V . McFarla Building Official Approved s to By: Joh w Cit 1 Ittorney Principal By: Title: Developer By: Title: By: Title: -3- EXHIBIT "A" HONORES ITEM 1: Construction of all on-site grading (cut, fill and slope stabilization) operations in accordance with Grading Permit No. 21483-B and the Developer's plans and supporting documents as listed below: (A) Grading Plan for 33811 Valle Road prepared by Thielmann Engineers, Jens Thielman, RCE No. 25742 dated March 25, 1991. (B) Geotechnical Report for 33811 Valle Road, prepared by Lotus Consulting Engineers, Inc., Sampath V. Raghavan, No. GE000705 dated March 25, 1991. ITEM 2: Construction of all on-site improvements in accordance with Grading Permit No. 21483-B and Developer's grading plans referenced in Item 1 above, including, but not limited to: driveways, parking areas, retaining walls, terrace drains, down drains, subdrains, area drainage systems, and private storm drain systems not a part of Developer's Improvement Plans filed with City Engineer. -4- EXHIBIT "B" SCHEDULE FOR COMPLETION OF IMPROVEMENTS Com leti n Date Task July 15, 991 Rough Grade Certification -5- 0 EXHIBIT "C" CONDITIONS FOR COMPLETION OF IMPROVEMENTS A. The rading for this project shall be in strict conformance with the grading plans and relat d documents as described in Exhibit "A" and Grading Permit No. 21483-B. B. Grad ng operations shall commence within fourteen (14) calendar days after issuance of G ading Permit No. 21483-B. Wint r grading will be conducted in strict accordance with the dynamic erosion- cont of plan submitted by the developer, and approved by the City. This erosion- cont of plan reflects erosion mitigation measures for expected grading conditions as the ork progresses through the winter season and shall not be amended except with the p rmission of the City. In th event Developer does not wish to implement winter grading, or permission for wint r grading is rescinded, static erosion-control plans reflecting current conditions of gr ding shall be submitted within ten (10) days of cessation of work. These plans shall nclude erosion-control planting as required by the City. C. Excel t as specified in "F" below, suspension in excess of twenty (20) working days of work authorized by Grading Permit No. 21483-B and Building Permit No. 21484-B, inclu ing erosion-control measures and landscaping and irrigation, shall constitute defau t of this agreement. D. The s pervising civil engineer and soils engineer shall file biweekly progress reports of all grading operations with the Building Official. An interim compaction report, for th t work completed at the time work is suspended for the rainy season (see "F" below , shall be filed with the Building Official. This interim report shall conform to the g ding code requirements for Final Compaction Reports. E. Contr ctor shall control dust to satisfaction of Building Official or his deputy. Durin grading, Contractor shall keep water truck on site and dampen work area, groun s, and loaded trucks. F. Gradi g operations suspended during the rainy season shall be resumed no later than 15 da s from date of suspension. G. Install tion of interim erosion control devices and systems shall commence within seven (7) days after rough grade certification has been approved by the Building Offici 1 and must be completed within fifteen (15) days of rough grade certifi ation. Final erosion control landscaping and irrigation systems shall be install d prior to final inspection of the grading permit. H. All w rk shall be performed in strict observation of the Hours of Operation in accor nce with San Juan Capistrano Municipal Code Section 8-107. 1. Contr ctor shall adhere to conditions of haul route permit and encroachment permit issued y the City Engineer. J. Parkin for construction crew is to be on site. -6- ! ! K. Construction and grading equipment traffic shall take access from Valle Road. No heav i equipment traffic will be permitted on Ortega Highway. Developer shall provide all traffic control measures as required for safe vehicular movement and shall secure an encroachment (haul-route) permit from Public Works prior to issua ce of the grading permit. -7- MEMBERS OF THE CITY COUNCIL i� COLLENE CAMPBELL GARY L.HAUSOORFER bGIL JONES a 6!5 'mmlmno CAROLYN NASH 1111101111 1961 JEFF VASOUEZ 1776 CITY MANAGER GEORGE SCARBOROUGH Decemb r 7, 1993 Ms. Joy e Schafer Home S vings of America 23861 E Toro Road EI Toro, CA 92360 Re: Ern sto Honores Bond Release - Account No. 067-052609-4 Dear Ms Schafer: This letler is to serve as authorization to release the remaining funds, $15,000.00, on Account No. 067-052609-4 posted by Ernesto L. Honores and Ruby U. Honores as security for a grading bond payable to the City of San Juan Capistrano. The City is satisfied that all work covered by this bond has been satisfactorily completed. If you have any questions, please feel free to contact me. Sincere[ , aniel *arlanXd Building fficial DWM/st cc: Daw i Schanderl Cy thia . Pendleton mance irector 32400 PAS 0 ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493.1171 Jsift . �A J, � MEMBEiiSOF THE CITuCOUNCIL COLLENE CAMPBELL /! GARY L.HAUSOORFER �y GILJONES lY M((((( CAROLYN NASH p • (VIIIIIS.(I 1961 JEFF VASOUEZ 1776 CITY MANAGER GEORGE SCARBOROUGH Noveml er 29, 1993 Home S ivings of America 238611 Toro Road El Toro CA 92360 Attn: ranch Manager Re: Er esto Honores Grading Bond, Account No. 067-052609-4 TO WH M IT MAY CONCERN: This let er is to authorize the reduction of the security posted for grading located at 33811 V Ile Road, San Juan Capistrano, from $28,000 to $15,000. The grading and on site improvements have been completed to an extent that the security may be reduced to the level indicated. If you have any questions or need further information, please contact me. Sincerely, Daniel McFarland Building Official DWM/st cc: Cin y Pendleton, Administrative Services Dawn Schanderl, Deputy City Clerk Ern sto Honores 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 MEMORANDUM dune 24, 1993 TO: Dawn Schanderl, Deputy City Clerk FROM: Daniel W. McFarland, Building & Safety Manager Department of Engineering and Building X40-61176 SUBJECT: Reduction of Grading Bond - Ernesto Honores - 33811 Valle Road This me-no is to serve as authorization to reduce the Surety Bond posted by Ernesto Honores in the form of a Certificate of Deposit with Home Savings of America , account 067-052609 from $28,000. to $15,000. This bonc was posted for grading at 33811 Valle Road and approximately 80% of the work has been completed. The reduced bond amount of $15,000. will cover the remainder of the perm tted grading and the funds must remain in place until released by the Building Official. The origi al Certificate of Deposit should be returned to Mr. Honores upon the submittal of a new Certificate of Deposit for $15,000. A copy of the Surety Agreement is attached for your information. If you have any questions, please contact me. DM/st Attachment rc�: 7/7 Form No. i Original:For Aaanea , ASSIGNMENT AS SKUWY O FOR PAYMENT OF ALL RILLS, STATEMEM OR COMM POR ANY SMVM ASSIG MENT to Ernesto L Honores and Ruby U Honozes hereinafter cal ed ASSIGNOR, whose principal place Of business is 29675 i _ Garvie California, (do) (does) hereby assign and set over to the_TW Cit�O 4'an Burn _ (cl)» , whose address is 32400 Paseo Ade mip Juan C 1Stran (NAME OF ASSIGNEE) (STTREM San California, hereinafter referred to as the ASSIGNEE, all right, title and interest of tcl any kind what ver owned or held by Assignor in and to the insured account of Assignor in the whose address is (NAME OF SAYINGS AND LOAN/SSOCIAMOM E1 Torn California, as evidenced by an account in the EID amoufthisssignment tGm dollars.($ 28.000.00 ), identified as account numb -4ahich account is delivered by'the Assignor to the Assignee. Assignor agrees and siipu- lates nment carries with it the right in and to the insuranceof this account by the Federal Savings and lCorporation and includes and gives the right to the Assignee to redeem,tolled, and withdraw the fusuch account at any time WITHOUT NOTICE TO ASSIGNOR.This Assignment is given as security for thall bills, statements or charges for any services furnished or rendered at any time from and after , 19S1-, and at any and all premises at which service has been or may (DAY) be ordered or c ntraded for by the Assignor. Assign hereby notifies the above-named savings and loan association of this Assignment. Dated t I 1p day of � XV/I California. RAno fic6res ASSIGNOR ------------------------------------------------------------------------------------- MM 1111"MMM — RUN" FOR NOTiM OF ASSIONMBii Receipt i hereby acknowledged to the Assignee of written notice of Assignment of the above-identifled account. We he a noted our records to show the interest of the Assignee -in said account. We hereby certify that we have not r ived any notice of lienjAmcumbrance, hold, claim, or other obligation against the above-identi- fied account pri r to its Assignment to the Assignee. WE certlfyi that the,account is fully insured by the Federal Savings and Loa Insurance Corporation. We agrsa to make payment to the Assignee upon written request in ac- cordance c cordance with savings and loan laws applicable tp this association. Dated th s 10 day of APRIL 19-1— at EL TOR California. Savin of RY Vi 5 Pres n b a�naaer •:'4* - Tmlt Of omCER ------ - ----- ---------- -- - -. -------------------------------------- SECO ENDORUMEFR — RIC1111111V FOR SRCURM AND DIRECfX M TO PAT URNOM 3 Receipt IlCtifernia cknowledged of the Assignment above and the account identified in the Assignment above. The savings and loassociation named in the Assignment above is hereby authorized.and directed'to pay any earn- ings on the aboidentified account to the aaboovvarnanted Assignor. � Dated IN day of '%^"`� - 19-2/L_ at �A/ awe,�r � California. By Distributed by the Savings and Loan Laaaw,Pasadaiu,California—9/70. aw'"a'•6 o 7—U52609-4 Account number CUSTOM TERM ACCOUNT Account Number TYPE 40 T. Account Summary Sectlpn. -' r, Accountholder ctt:"�,E' T:INGNGF'E' AS n' o. n.ut.:.,. Tit: iSTEES FSR SffPI'tnHl A rr.nw.tH aflilD.nE'= i Issuing&anoh EI,. TuR0 Data of Issuance '��1vJICl1 n n•� Opening Balance S 19w Possnp Rapq Minimum Balance paid.$ + t 1.°v�`•L'b ' Additions nor permitted t DAYS n C Initial Maturity Data (ser,Fin"Radial Renewal Term 90 CSA YS Rate of Earnings per annum gas PPawp Pass) PAowal Term Rate-See Section{ F agypncY H Compound gyly - Earnings DlsblbueonDelee ='13Jf7U and i`IIARTERLY _ =beginnlnp .rJ er,wllh the I•H distribution On me float maNdry,data R this account Is Issued a and held by a natural Person,h is transferable only o the books H home Savirga of America FA('AfagCl6on' 2. General Section. ! This onifles that theAccountholder holds a savings account with meppppaannIng Balance and for Me Initial term expiring an the Initial Maturity Onto In Me branch oMce of the Asaaclakon shown hereon In Section 1. 3. Earnings Section. •' This account Mall receive eambpa at the Rate of Earnings based on the amount balance,wiM IM -- Frequency H Compounding and Fernings DiaMbutton n Deter above sat Ierlh,provided the pelanin I account is not reduced below the Minimum Balance Requirement fl such balance is reduced below - the Minimum Balance Requirement,the Rets of Earnings on the remaining balance abed Mereaher be reduced to the rate than paid on regular revings accounts(atsp fee Section 5). i 4. Autorl Renewal Section. This account shall be automatically renewed at the close of bminesson the Initial Maturity Date er on the maturity caro of any Renawa TermorwiMm T days IWtcwingsuch maeur0yy date alike highest rale ot earnings paid by Me Association ler new Custom Term Accounts of the sameclass 8ndterm durirq this Tdayperiodasotlhef Were - said highest rate ofearnings went into effect unless(1)withdrawn within the -day Period referred tom Section hemol,or(2)a least 15 days prior to an matuMy date,the Association gives written notice m the Accountholder that this account will nor be renewed as above set forth in this Section 4.In such loner event,upon maturity the amount will either be renewed fora different term or rate of earninggsf as set font in said notice,or the accou rat will becomeM1ed SoarepWar savingsaccouM and iecarve earnings a ratemen paid on regular savings accounts. 5. Penalty Clause Section. • ' d Except as otherwise provided herein,In the event of any witorawel of principal from this account prior to a maw- l ' ' rity dare,iha Accouniholtler shall forafeit en amount equal io 31 Days(if Me maturity of the account is 32 days to and including B9 days),90 days(illite matunryof rhe eroount ie 90 tlaye to and including one"at),or 180 days lit ! Me mdlUnly bI Me aCE0Uf4,4 grea(Br lhdn ane yaMl Of Inlefa5f IX dlvldends,w1611%,earned at M.On the a mount withdrawn arthewininal(simple inrorest)rota then being pale on IAB account just prior to withdrawal, regardless of'he'an"'of time the funds withdrawn nave remained in the account. ha penalty prescribed herein w'It not be Imposed for withdrawal of principal lolloaingg the death or adiuditation d incompalenc0 of any •. Mcounthold.,Earnings credited Ing.account may be withtlrewn without penal' anytime during ins term in which'nay were earned.If the account or any portion thereof is withdr rad rga Iran Tdays affere marts y ........... ate,eammgs shat,be paid thereon H Me Rare al Earnings In encs to care Jays with t penalty.To the extent_.e.r,to comply with these requiremanb, raj snail be made from the wt a withdrawn or the remaining account balance. Home Savings erice,F ��% By 7 -- A ' zed Signature Typo 40 " I i 04)7-U5260j -' Account numb r DEPOSITS MADE BY CHECK MAY BE SUB1ECr TO COLLECTION BEEYIRE WITHDRAWAL IS PERMITTED DATE WITHDRAWALS INTEREST DEPOSITS IALANCF SYM n n ,fin n-`. ,n-- All 2u: VY —30-9; ^I. 6.52.09 50,652.09 999 P 7-7,D:-9; NT 314.85 50,966.94 999 16 t,,? 6.90.73 51 ,657.67 999 298.19 5i1956.56 999 717.23 52,673.84 999 DATE WITHDRAWALS INTEREST DEPOSITS BALANCE SYM. ,9 1" >1pTi'R�L i-2'6-91 OPEN RATE 7.700 40-02 19 Tcg 0.01+ RATE 5.000 ' 16 11000.00+ 7.700 19 tC 01000.00+ 7.7,00 . . , 10 1s 1-26-91 INT 273.570 52.952.34 999 20 21 .! 29 2-02-91 21700.00 50,252.34 067 - 1 29 50.100.30 067 F;ti'C,\H LI SH F.I1 1999 1 v i 0b7—U516Ly— DEPOSITS MADE BY CHECK MAY BE SUBJECT TO Account Numoer COLLECTION BEFORE WITHDRAWAL IS PERMITTED •� - DATE WITH RAWALS INTEREST DEPOSITS BALANCE SYM.! I 2 3 4 ` S 3-07-91 PRIN PER 170.14 49,829.86 999 ' 3-07-91 10#000.00 39,829.86 067 E • MATURES 04-26-91 OPEN RATE 6.900 40-02 10 TIER .01+ RATE 4.900 1' 1 ,00).00+ 6.900 13 QO,QQ .QO+ 6.900 DATE WITN RAWALS INTEREST DEPOSITS BALANCE BP.:.� 13 EFFECTIVE D TE 01-26-91 14 to I n 13 i IJ +1 IB P - 19 20 1 21 22 23 24 1 1 1 ESTAI,I.ISIIP;I1 1899 1 ASSOCIATIO14 DISCLAIMER FOR ASSIGNMENTS ON FRET ACCOUNTS rl f i R E M I N D E R A Fixed Rate - Fixed Term Account is subject to an interest penalty whenever a withdra a1 of principal is made prior to the maturity date. In the event a withdrawal is authorized by the assignee, you will be responsible for the payment of any lenalty incurred by the early withdrawal. f l Page 501- 4 (Illustrated) 5/79 ��d�N c� ��` ' r�k � " �p-tea � y �i:�} � .. ^�� � � � v-�� � ....w - - pb. a � � y,�[r f T � li��. ��� if he n/� `. { i \ 1 3 �V/y l` � t ) � -) { ,,x� � , , �, ,.� 1 d i�.� .�,�i�is�.,1.�1. I c � � 1i J � ��; ��n�� �/ ��� r l � p! � � � �� + 1 I, �� it ''�; li "':'.� �r��; �. a� i': `, ' :� �:� ,.�,��� � f .�'f � v v ti ":.�. i. r.i i � STATUTORY PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that Ernesto Honores as Principal, hereinafter called CONTCTOR, and �2me Savings Bank , as Su sty, hereinafter called SURETY, are held and firmly bound unto the C ty of San Juan Capistrano, as Obligee, hereinafter called CITY, in th amount of Twenty-Seven Thousand Eight Hundred Sixty-Eight Dollars ($ 27, 68.00 ) for payment whereof Contractor and Surety bind them- selve , their heirs, executors, administrators, successors, and assig s, jointly and severally, fairly by these presents . WHEREAS, Contractor is required to provide a faithful Per- forma a bond pursuant to the statutory requirements of the San Juan Capis rano Municipal Code to guarantee certain work, more particularly descri ed as follows- Flatwork, drainage, excavation, overexcavation, retaini g walls, septic, remove wall, remove concrete drive, erosion control. NOW, THEREFORE, the condition of this obligation is such that, if Pri cipal shall promptly and faithfully perform said statutory oblige ion, then this obligation shall be null and void; otherwise it sha 1 remain in full force and effect. Surety waives whatever legal ight it may have to require that a demand be made first against the Pr ncipal in the event of default. BE IT FURTHER RESOLVED, that: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reason le expenses and fees, including reasonable attorney's fees , 4 incurred by City in successfully enforcing such obligation, all to 0 beed as costs and included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and .agree that no change, extension of time, alteration, or modification of st tutory obligation, or of the work to be performed thereunder, shall in any way affect its cbligations or this bond, and it does herebr waive notice of any such change, extension of time, alterations, or mo ifications, or of the work to be performed thereunder. Executed this 1 day of , 19 ���� , at G , Calif rnia. I PRI7"' AL t APPRO AS TO FORM. By sto onores _ ^ Title finer J nX. Shaw l _ ^J y ttorney Subscribed and sworn to before me this (NOTARIZATION AND SEAL) =PUBLIC EALHOWEmALIFORNIALIC in and for the :State of California SEP 30, 1992 SURETY By j Title f (NOTARIZATION AND SEAL) i i I I Page - STATUTORY PERFORMANCE BOND