1991-0325_NASRE, NABIL DR_Surety Agreement9
AND ON-SITE
THIS AGREEMENT is made by and between the CITY OF SAN JUAN CAPISTRANO,
a municipal corporation, hereinafter referred to as the "City" and Dr. Nabil Nasre
referred to as "Developer".
WITNESSETH
WHEREAS, City will issue Grading Permit No.2L297-B and Building Permit No.
21298-B 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 32101
Peppertree Bend, San Juan Capistrano, commonly referred to as Bear Brand Ranch.
WHEREAS, 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 and installation of improvements connected with issuance of grading permits.
WHEREAS, San Juan Capistrano Municipal Code 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 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.
2. Developer's Security. Developer shall provide a letter of credit subject to the
approval of the City's City Attorney, to secure Developer's improvement obligations
required under this agreement.
The amount of the bond shall be $119,125.00 for that work described in Exhibit
"A". This security of $119,125.00 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".
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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 a security to ensure against adverse aesthetic impacts arising
from incompleted 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:
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 as reasonable for the legal services of an attorney representing 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.
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9 0
In Witness Whereof, the parties have executed this agreement as
of MAC -Q{ C.S , 192 at San Juan Capistrano, California.
Approved s to
By: Joh w
City Attorney
City of San Juan Capistrano
By: aniel W��
Building Official
Principal(s)
Title: 1
By:
Title: oWN�
By:
Title:
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Acknowledgement
State of CALIFORNIA
County of
Orange
OFFICIAL SEAL
MARY DEE MAFLA
NOTARY PUBLIC -CALIFORNIA
i0my
PRINCIPAL OFFICE IN
ORANGE COUNTY
Commission Expires Nov. 20. 1997
(This area for official seal)
} SS.
On March 25, 1991 before me, the unders
personally appeared Nabil Nasre and Suzan Nasre
personally known to me (or proved to me on the basis of satisfactory evidence) to be
the person(s) whose name(s) is/are subscribed to the within instrument and acknowl-
edged to me that he/she/they executed the some in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person/(�\ace execut d the instrument.
WITNE�S myt+ar�d�n1 otticieF t� / \ \� \1
Signature
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could
THIS CERTIFICATE MUST BE ATTACHED
TO THE DOCUMENT DESCRIBED AT RIGHT:
Title or Type of Document
Number of Pages Date of Document
rx •• • • '• Above
i
of this certificate to
EXHIBIT "A"
Nasre Residence
ITEM 1: Construction of all on-site grading (cut, fill and slope stabilization) operations
in accordance with Grading Permit No. 21297-B and the Developer's plans and
supporting documents as listed below:
(A) Grading Plan for 32101 Peppertree Bend, Tract No. 10593, Lot 31,
prepared by Stewart Engineering, Lamar Stewart, RCE No. 29726 dated
January 19, 1991
(B) Preliminary Geotechnical Report for 32101 Peppertree Bend, Tract No.
10593, Lot 31 prepared by Geosoils, Inc. Albert R. Kleist, RCE No. 16351
Job No. WO971-OC. Final Geotechnical Report prepared by Peter and
Associates, Steven Peter, RCE No. 38623 dated March 23, 1990, Job No.
90G0113.
ITEM 2: Construction of all on-site improvements in accordance with Grading Permit
No. 21297-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.
ITEM 3: Construction and placement of landscaping and irrigation in accordance with
approved plans for 32101 Peppertree Bend, Tract No. 10593, Lot 31, as
included in the above plans.
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r1
EXHIBIT "B"
SCHEDULE FOR COMPLETION OF IMPROVEMENTS
Completion Date Task
4/10
- 4/30/91
Rough Grade Certification
5/10
- 5/30/91
Foundation
8/5 -
8/15/91
Rough Plumbing
8/15
- 8/20/91
Rough Electric
8/30/91
Structural Framing
9/20
- 9/25/91
Structural Final
2/10
- 2/20/92
Mechanical Final
2/10
- 2/20/92
Plumbing Final
2/10
- 2/25/92
Electrical Final
3/15
- 3/30/92
Landscape Irrigation
3/15
-3/30/92
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. 21297-B.
B. Grading operations shall commence within fourteen (14) calendar days after issuance
of Grading Permit No. 21297-B and no later than April 31, 1991, whichever comes
first.
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. A sequence plan of grading operations shall be approved by the City prior to the
issuance of any grading permit for this project. Any variation or deviation in the
sequence of operations must be recommended, in writing, by the supervising civil
and soils engineers and approved by the Building Official prior to performing any
work related to the variation or deviation.
D. Except as specified in "G" below, suspension in excess of twenty (20) working days of
work authorized by Grading Permit No. 21297-B and Building Permit No. 21298-B,
including erosion -control measures and landscaping and irrigation, shall constitute
default of this agreement.
E. 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 (see F
below), shall be filed with the Building Official. This interim report shall conform to
the grading code requirements for Final Compaction Reports.
F. Contractor shall control dust to satisfaction of Building Official or his deputy.
During grading, Contractor shall keep water truck on site and dampen work area,
grounds, and loaded trucks.
G. Grading operations suspended during the rainy season shall be resumed no later than
15 days from date of suspension.
H. All work shall be performed in strict observance of the Hours of Operation in
accordance with San Juan Capistrano Municipal Code Sec. 8-107.
I. Contractor shall adhere to conditions of haul route permit and encroachment permit
issued by the City Engineer.
J. No construction trucks are to stop or stand on Peppertree Bend.
K. Parking for construction crew is to be on site.
L. Construction and grading equipment traffic shall take access from Del Obispo to
Calle Aspero to Peppertree Bend. No heavy 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 issuance of the grading permit.
M. Installation of interim erosion control devices and systems shall commence with
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.
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0
Trade Services Division
Southern California
17700 Castleton Street, Suite 301
City of Industry, CA 91748
DATE OF ISSUE: MARCH 15, 1991
APPLICANT:
NABIL NASRE AND SUZAN
19562 DRYBROOK LANE
HUNTINGTON BEACH, CA
NASRE
92646
n ' 9
PAGE: 1
OUR IRREVOCABLE STANDBY CREDIT:
SAS152164
DATE OF EXPIRY: DECEMBER 2, 1991
PLACE OF EXPIRY: AT OUR COUNTERS
BENEFICIARY:
CITY OF SAN JUAN CAPISTRANO
A MUNICIPAL CORPORATION
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
AMOUNT: USD 119,125.00
ONE HUNDRED NINETEEN THOUSAND ONE HUNDRED
TWENTY FIVE AND 001100'S US DOLLARS
WE HEREBY ESTABLISH IN YOUR FAVOUR THIS CREDIT AVAILABLE WITH WELLS FARGO BANK,
N.A., CITY OF INDUSTRY, CA BY PAYMENT OF YOUR DRAFT(S) AT SIGHT DRAWN ON WELLS
FARGO BANK, N.A., CITY OF INDUSTRY, CA ACCOMPANIED BY:
1 - BENEFICIARY'S SIGNED AND DATED STATEMENT WORDED AS FOLLOWS, WITH
INSTRUCTIONS IN BRACKETS THEREIN COMPLIED WITH:
"I, THE (INSERT EITHER "CITY ENGINEER", OR "CITY MANAGER", OR 'CITY ATTORNEY' OF
THE CITY OF SAN JUAN CAPISTRANO, A MUNICIPAL CORPORATION (THE "CITY") HEREBY
CERTIFY THAT DR. NABIL NASRE HAS FAILED TO PERFORM THAT CERTAIN SURETY AGREEMENT
FOR GRADING, LANDSCAPING, ON-SITE IMPROVEMENTS AND PROPERTY RESTORATIONS DATED
(INSERT DATE) BETWEEN THE CITY AND DR. NABIL NASRE AND THAT AS A RESULT OF SAID
FAILURE THE AMOUNT OF US$ (INSERT AMOUNT OF ACCOMPANYING DRAFT) IS NOW DUE AND
PAYABLE."
DRAFT(S) MUST INDICATE THE NUMBER AND DATE OF THIS CREDIT.
EACH DRAFT PRESENTED HEREUNDER MUST BE ACCOMPANIED BY THIS ORIGINAL CREDIT FOR
OUR ENDORSEMENT THEREON OF THE AMOUNT OF SUCH DRAFT.
THE DOCUMENTS MUST BE FORWARDED TO WELLS FARGO BANK, N.A., INTERNATIONAL TRADE
SERVICES DIVISION, 17700 CASTLETON STREET, SUITE 301, CITY OF INDUSTRY, CA 91748
IN ONE PARCEL.
THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY
CREDITS (1983 REVISION), INTERNATIONAL CHAMBER OF COMMERCE, PUBLICATION NUMBER
400, AND ENGAGES US IN ACCORDANCE WITH THE TERMS THEREOF.
Original
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OF
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APIS rR INO
• 0
MEMORANDUM March 23, 1993
TO: Dawn Schanderl, Deputy City Clerk
FROM: Daniel W. McFarland, Building & Safety Manager
Department of Engineering and Building
SUBJECT: Bond Expiration - Nabil Nasre
A grading bond in the amount of $119,125.00 was posted March 15, 1991 by Nabil Nasre
and Susan Nasre. This bond was posted in the form of a Letter of Credit, //SAS152164
with Wells Fargo Bank and expired December 2, 1991. Please remove from your active
bond file.
DM/st
• 0
STATUTORY PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, that Dr- Nnhil Nnsre
as Principal, hereinafter called
CONTRACTOR, and-%=u_n> TS° � 4dJK—,tl�l` NfiT1aJ,4L-inn= 5�tzvK C V 1151pN
as Surety, hereinafter called SURETY, are held and firmly bound unto
the City of San Juan Capistrano, as Obligee, hereinafter called CITY,
in the amount of ons hnndrad nineraan thousand, nnp hmdr d w ntv-Dollars
five
(5119.125.00 ) for payment whereof Contractor and Surety bind them-
selves, their heirs, executors, administrators, successors, and
assigns, jointly and severally, fairly by these presents.
WHEREAS, Contractor is required to provide a faithful per-
formance bond pursuant to the statutory requirements of the San Juan
Capistrano Municipal Code to guarantee certain work, more particularly
described as follows: Grading;-Iandscaping and on-site improvements and
No. 21297
permit No. 21298-B at 32101 Peppertree Bend, San Juan Capistrano, California.
NOW, THEREFORE, the condition of this obligation is such that,
if Principal shall promptly and faithfully perform said statutory
obligation, then this obligation shall be null and void; otherwise
it shall remain in full force and effect. Surety waives whateVAer
legal right it may have to require that a demand be made firstgainst
the Principal 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
reasonable expenses and fees, including reasonable attorney's fees,
r
9
incurred by City in successfully enforcing such obligation, all to
be taxed as costs and included in any judgment rendered.
2. Said Surety, for value received, hereby stipulates and
agrees that no change, extension of time, alteration, or modification
of statutory obligation, or of the work to be performed thereunder,
shall in any way affect its cbligations or this bond, and it does
hereby waive notice of any such change, extension of time, alterations,
or modifications, or of the work to be performed thereunder.
Executed this 25 day of N 4jac-t 19 gl at
'=-&N ,JUAN California.
APPROVED AS TO FORM.
(:�L �'Sk�
J n R. Shaw
y Attorney
Page 2 - STATUTORY
BOND
PRINCIPAL
By
Title 0WWMEa
(NOTARIZATION AND SEAL)
SURETY
By vc[�11-g'o IN 11 A4 -[l p—
Title �N�`171v1s1� '
(NOTARIZATION AND SEAL)
Acknowledgement
State of CALIFORNIA
Orange 1 SS.
County of s J
OFFICIAL SEAT.
*my
MARY DEE MAFLA
NOTARY PUBLIC -CALIFORNIA
PRINCIPAL OFFICE IN
ORANGE COUNTY
Commission Expires Nov 20. 1992
(This area for official seal)
ti -
On March 95. 1991 beforeme, the under.Rigned
personally appeared Nabil Nasre and Suzan Na
personally known to me (or proved to me on the basis of satisfactory evidence) to be
the person(s) whose nome(s) is/are subscribed to the within instrument and acknowl-
edged to me that he/she/they executed the some in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity uponehalf of which erson(s) acted, xecu e instrument.
WITNESS mei (iia%nd official eal. \ (-\N, 1,
Signature
ATTENTION NOTARY: Although the information requested below is OPTIONAL, .A could prevent
THIS CERTIFICATE MUST BE ATTACHED
TO THE DOCUMENT DESCRIBED AT RIGHT:
Title or Type of Document
Number of Pages Date of Document
it of this certificate to
•
*� Trade Services Division
SButhern California
17700 Castleton Street, Suite 301
City of Industry, CA 91748
DATE OF ISSUE: MARCH 15, 1991
APPLICANT:
NABIL NASRE AND SUZAN
19562 DRYBROOK LANE
HUNTINGTON BEACH, CA
NASRE
92646
n
PAGE: 1
OUR IRREVOCABLE STANDBY CREDIT:
SAS152164
DATE OF EXPIRY: DECEMBER 2, 1991
PLACE OF EXPIRY: AT OUR COUNTERS
BENEFICIARY:
CITY OF SAN JUAN CAPISTRANO
A MUNICIPAL CORPORATION
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
AMOUNT: USD 119,125.00
ONE HUNDRED NINETEEN THOUSAND ONE HUNDRE
TWENTY FIVE AND 00/1001S US DOLLARS
WE HEREBY ESTABLISH IN YOUR FAVOUR THIS CREDIT AVAILABLE WITH WELLS FARGO BANK,
N.A., CITY OF INDUSTRY, CA BY PAYMENT OF YOUR DRAFT(S) AT SIGHT DRAWN ON WELLS
FARGO BANK, N.A., CITY OF INDUSTRY, CA ACCOMPANIED BY:
1 - BENEFICIARY'S SIGNED AND DATED STATEMENT WORDED AS FOLLOWS, WITH
INSTRUCTIONS IN BRACKETS THEREIN COMPLIED WITH:
"I, THE (INSERT EITHER "CITY ENGINEER", OR "CITY MANAGER", OR 'CITY ATTORNEY' C
THE CITY OF SAN JUAN CAPISTRANO, A MUNICIPAL CORPORATION (THE "CITY") HEREBY
CERTIFY THAT DR. NABIL NASRE HAS FAILED TO PERFORM THAT CERTAIN SURETY AGREEMEN
FOR GRADING, LANDSCAPING, ON-SITE IMPROVEMENTS AND PROPERTY RESTORATIONS DATED
(INSERT DATE) BETWEEN THE CITY AND DR. NABIL NASRE AND THAT AS A RESULT OF SAID
FAILURE THE AMOUNT OF US$ (INSERT AMOUNT OF ACCOMPANYING DRAFT) IS NOW DUE AND
PAYABLE."
DRAFT(S) MUST INDICATE THE NUMBER AND DATE OF THIS CREDIT.
EACH DRAFT PRESENTED HEREUNDER MUST BE ACCOMPANIED BY THIS ORIGINAL CREDIT FOR
OUR ENDORSEMENT THEREON OF THE AMOUNT OF SUCH DRAFT.
THE DOCUMENTS MUST BE FORWARDED TO WELLS FARGO BANK, N.A., INTERNATIONAL TRADE
SERVICES DIVISION, 17700 CASTLETON STREET, SUITE 301, CITY OF INDUSTRY, CA 9174
IN ONE PARCEL.
THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY
CREDITS (1983 REVISION), INTERNATIONAL CHAMBER OF COMMERCE, PUBLICATION NUMBER
400, AND ENGAGES US IN ACCORDANCE WITH THE TERMS THEREOF.
Original