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1992-0601_POCHIROWSKI, WM_Surety Agreement9 0 FOR THIS AGREEMENT is made by and between the CITY OF SAN JUAN CAPISTRANO, a municipal corporation, hereinafter referred to as the "City" and William Pochirowski, owner/builder, referred to as "Developer". WITNESSETH WHEREAS, City will issue Grading Permit No.30141 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 Tract 10103/Lot 24 commonly referred to as 27712 Highland Drive, San Juan Capistrano, California. WHEREAS, San Juan Capistrano Municipal Code 8-2.05 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 8-2.06 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 time certificate of deposit 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 $16,091.00 for that work described in Exhibit "A". This security of $16,091.00 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". -1- Alk An 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 8-2.06 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. -2- EXHIBIT "A" POCHIROWSKI PROPERTY Lot 24/Tract 10103 27712 Highland Drive ITEM 1: Construction of all on-site grading (cut, fill and slope stabilization) operations in accordance with Grading Permit No. 30141 and the Developer's plans and supporting documents as listed below: (A) Grading Plan for Lot 24/Tract 10103 prepared by R.L. Brown & Assoc., engineer Richard Brown, RCE No. 16683 dated 6/20/91. (B) Geotechnical Report for Lot 24/Tract 10103 prepared by Zeiser Geotechnical, Inc., Henry Kling, engineer, No. 42395 dated 6/25/91. ITEM 2: Construction of all on-site improvements in accordance with Grading Permit No. 30141 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. (Under separate current bond.) -4- 0 EXHIBIT "B" 0 SCHEDULE FOR COMPLETION OF IMPROVEMENTS - ON-SITE IMPROVEMENTS ONLY - Completion Date Task July 31, 1992 Rough Grade Certification August 30, 1992 Terrace Drains March 31, 1993 Driveway April 30, 1993 Area Drains -5- 0 0 EXHIBIT "C" CONDITIONS FOR COMPLETION OF IMPROVEMENTS A. All work shall be performed in strict observation of the Hours of Operation in accordance with San Juan Capistrano Municipal Code Section 8-107. B. Parking for construction crew is to be on-site. C. Construction and grading equipment traffic shall take access from Junipero Serra and Rancho Viejo Roads. 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 STATUTORY PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that Mr. William Pochirowski as Principal, hereinafter called CONTRACTOR, and Mariners Rank , 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 sixteen thousand. ninety-nne F nn/inn Dollars ($ 15,091.00 ) 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: "on-site imorovema.,r G" 41,,,14,,gy driveway_ rara;n;,,g walls, terrace drains, area drains, etc., for lot 94/mrnrr ming (97719 1:4.,1,111a n,-;..,,) San Juan Capistrano, as authorized by permit 1130141: excludes rough grading covered by separate bonding. 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 whatever legal right it may have to require that a demand be made first against the Principal in the event of default. i 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, H , 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 modificati 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, alterati or modifications, or of the work to be performed thereunder. Executed this IS day of MAY 19��, at 112Y1NE California. APPROVED AS TO FORM. J n R. Shaw 11 y Attorney Page 2 - STATUTORY PERFORMANCE BOND i Title (NOTARIZATION AND SEAL) ------------- OrTICIAL BEAT, John C. Feathers ® NOTARY PUBLIC • CALIFORNIA ORANGE COUNTY My Comm. Expires FW 3. 1995 SURETY By_ Title (NOTARIZATION AND SEAL) 9 December 15, 1993 see WOMEN • J IA111141A111 116111 1961 1776 Mr. William Pochirowski 27112 Highland Drive San Juan Capistrano, CA 92675 Re: Release of Time Certificate of npnna;t - Dear Mr. Pochirowski: MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL GARY L. HAUSDORFER GIL JONES CAROLYN NASH JEFF VASOUEZ CITY MANAGER GEORGESCARSOROUGH Attached is your Time Certificate of Deposit No. 0240968225, issued by Mariners Bank, in the amount of $16,091.00. Said Time Certificate of Deposit was given to the City as security for on- site improvements for property located at 27112 Highland Drive, San Juan Capistrano (Tract 10103, Lot 24). Work has been completed to the satisfaction of the City of San Juan Capistrano and the Time Certificate is hereby released. If you have any questions, please do not hesitate to call. Very truly your jGl L LZ! Cyhia LPendleton y Treasurer Attachment cc: Daniel W. McFarland, Building & Safety Manager Mariners Bank This is to acknowledge that I have received the Time Certificate of Deposit No. 0240968225 issued by Mariners B n 'n the amount` of $16,091.00. / G� v am J. Pochirowski Dated this day of Devember, }993. vanuaj , Iqq q 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 498.1171 E MEMORANDUM EJ December 3, 1993 TO: Dawn Schanderl, Deputy City Clerk FROM: Daniel W. McFarland, Building & Safety Manager Department of Engineering and Building SUBJECT: Bond Release for Pochirowski, 2711'12 Highland Drive This memo serves as authorization to release the referenced bond, Certificate of Deposit No. 024968225, in the amount of $16,091.00. All work covered by this bond has been completed to the satisfaction of the Building Division. DM/st cc: Building File 0 C7 rn � n Z a® aa� SURETY AGREEMENT FOR TION THIS AGREEMENT is made by and between the CITY OF SAN JUAN CAPISTRANO, a municipal corporation, hereinafter referred to as the "City" and William Pochirowski, owner/builder, referred to as "Developer". WITNESSETH WHEREAS, City will issue Grading Permit No.30141 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 Tract 10103/Lot 24 commonly referred to as r-Z77t-2 Highland Drive, San Juan Capistrano, California. � 7/ice WHEREAS, San Juan Capistrano Municipal Code 8-2.05 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 8-2.06 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 time certificate of deposit 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 $16,091.00 for that work described in Exhibit "A". This security of $16,091.00 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". -1- 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 8-2.06 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. -2- 0 0 In Witness Whereof, the parties have executed this agreement as of .�� /!�� / , 19 P7; at San Juan Capistrano, California. Approved s to By: Joh aw City Attorney C'4 of San Juan C pistrano ByU:Aaniel W. McFarldnd Building Official Principal(s)�� By. ` S." Title: Li -�i{ N By: Title: By: Title: -3- EXHIBIT "A" POCHIROWSKI PROPERTY Lot 24/Tract 10103 27712 Highland Drive ITEM 1: Construction of all on-site grading (cut, fill and slope stabilization) operations in accordance with Grading Permit No. 30141 and the Developer's plans and supporting documents as listed below: (A) Grading Plan for Lot 24/Tract 10103 prepared by R.L. Brown & Assoc., engineer Richard Brown, RCE No. 16683 dated 6/20/91. (B) Geotechnical Report for Lot 24/Tract 10103 prepared by Zeiser Geotechnical, Inc., Henry Kling, engineer, No. 42395 dated 6/25/91. ITEM 2: Construction of all on-site improvements in accordance with Grading Permit No. 30141 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. (Under separate current bond.) -4- EXHIBIT "B" SCHEDULE FOR COMPLETION OF IMPROVEMENTS - ON-SITE IMPROVEMENTS ONLY - Completion Date Task July 31, 1992 Rough Grade Certification August 30, 1992 Terrace Drains March 31, 1993 Driveway April 30, 1993 Area Drains -5- EXHIBIT "C" CONDITIONS FOR COMPLETION OF IMPROVEMENTS A. All work shall be performed in strict observation of the Hours of Operation in accordance with San Juan Capistrano Municipal Code Section 8-107. B. Parking for construction crew is to be on-site. C. Construction and grading equipment traffic shall take access from Junipero Serra and Rancho Viejo Roads. 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. MARINERS BANK TIME CERTIFICATE OF DEPOSIT Date 05-28-92 AccounlN0240968225 Purchased by WILLIAM J POCHIROWSKI Amounts 16,091.00 Rate 4.000% Payable ii CITY OF SAN JUAN ayyS,Ca��A{�P�1IIST?ch R�A{NO yry� Term 365 DAYS Sngle Maturity 'c U Multiple Maturity /�I /yl�ntere5l on this Deposit Shall be paid Cl Monthly ElQuarterly 11AnnuallyO at Maluniy X 0 Reinves!at Maturity(Multipie MaWntyonly)[ICradillo X�(VV X�( C1OtherInterest shall be baaed`rin ❑ 365 Days ❑ 360 Days ❑ S,AAJ Compounded No intaaaet will be pato on ain't. mMuslh dapoana alder the maturity data Multiple Iii ohnoxii w"t be tahawed aulomehcally for the same term at the interest rate in ellect on the maturity date unless Medeposit Is reeeemedwithln 10 oaysalter the maturity date The Bank reserves the right to redeem this dedi on the Ork iN! Or any Subsequent maturity In this event. you will be given a an dayadvence written notice of the Bank s Intent Presentation of this Receipt is not required to withdraw funds from ini5 account FDIC Regulation. Require a Substairri lasuralthilifnE.6,101I ba(_F IC fill NOTNEGOTIABLE NOTTMNSFERABLE ��►►�� AQTMNATVIRE EARLY WITHDRAWAL PENALTY A. MINIMUM SII( (6) DAY PENALTY. For all time deposits. any withdrawal made within the first sul6j calendar days after the date of deposit or within si. 16, calendar days following any partial withdrawal made prior to the maturity date will be subject to a minimum penally soul ro Seven 171 days simple Interest on the amount wOndrawn B. TIME DEPOSITS BY INDIVIDUALS.CC j c Time deposits. made by or for the benefit of one or more individuals. that nave a maturity of365 _ DAYpNtn_ w pe J Subject to a minimum penalty equal to Seven V I days interest on the amount withdrawn it the withdrawal U made within six 16) calendar days from the 98!s c' X Oftpsi! and - Interest it wrthorawn thereafter month Interest regardless Of when the withdrawal Occurs C. TIME DEPOSITS BY DEPOSITORS OTHER THAN INDIVIDUALS. Time deposits. made by a depositor other than an motviduai. that hayea stated maturity or notice Period of eighteen 1161 months or more. will De subject to a minimum penalty equal to .7 Seven (%) days interest On the amovnl withdrawn d withdrawal is made with n six (61 cajendardays from the date of dep05' and one month'5 Simple Interest if made after six (61 Calendar days and before eighteen 118) months One months simple interest on the amount withdrawn months Interest regardless of when the withdrawal occurs Tl me deposits. made DY—a deposdor oche, Ihan an mdim dual Inst have a —ma turth or notica parlod of bas then ug h lean (1 BI Tont he, vin 11 be Sul eCt 10 a minimum penalty equal to E Seven Ill days interest On ins am punt wl the ra win if the A, i mdra waI is made within six (6) Ca lends days from the da'a deposit and _ _ interest if withdrawn thereafter Mont ns Interest regardless of when wi t no rawaI occurs , r/r/' —7— EXHIBIT M•fT)nT!uYA.k!� .. b ...,- ... • 11: a.. �r. _. �., ... s. .-V- r s .. . -.!r m i�iwL.{ �a.c_," MARINERS BANK TIME CERTIFICATE OF DEPOSIT Date 05-28-92 AccounlN0240968225 Purchased by WILLIAM J POCHIROWSKI Amounts 16,091.00 Rate 4.000% Payable ii CITY OF SAN JUAN ayyS,Ca��A{�P�1IIST?ch R�A{NO yry� Term 365 DAYS Sngle Maturity 'c U Multiple Maturity /�I /yl�ntere5l on this Deposit Shall be paid Cl Monthly ElQuarterly 11AnnuallyO at Maluniy X 0 Reinves!at Maturity(Multipie MaWntyonly)[ICradillo X�(VV X�( C1OtherInterest shall be baaed`rin ❑ 365 Days ❑ 360 Days ❑ S,AAJ Compounded No intaaaet will be pato on ain't. mMuslh dapoana alder the maturity data Multiple Iii ohnoxii w"t be tahawed aulomehcally for the same term at the interest rate in ellect on the maturity date unless Medeposit Is reeeemedwithln 10 oaysalter the maturity date The Bank reserves the right to redeem this dedi on the Ork iN! Or any Subsequent maturity In this event. you will be given a an dayadvence written notice of the Bank s Intent Presentation of this Receipt is not required to withdraw funds from ini5 account FDIC Regulation. Require a Substairri lasuralthilifnE.6,101I ba(_F IC fill NOTNEGOTIABLE NOTTMNSFERABLE ��►►�� AQTMNATVIRE EARLY WITHDRAWAL PENALTY A. MINIMUM SII( (6) DAY PENALTY. For all time deposits. any withdrawal made within the first sul6j calendar days after the date of deposit or within si. 16, calendar days following any partial withdrawal made prior to the maturity date will be subject to a minimum penally soul ro Seven 171 days simple Interest on the amount wOndrawn B. TIME DEPOSITS BY INDIVIDUALS.CC j c Time deposits. made by or for the benefit of one or more individuals. that nave a maturity of365 _ DAYpNtn_ w pe J Subject to a minimum penalty equal to Seven V I days interest on the amount withdrawn it the withdrawal U made within six 16) calendar days from the 98!s c' X Oftpsi! and - Interest it wrthorawn thereafter month Interest regardless Of when the withdrawal Occurs C. TIME DEPOSITS BY DEPOSITORS OTHER THAN INDIVIDUALS. Time deposits. made by a depositor other than an motviduai. that hayea stated maturity or notice Period of eighteen 1161 months or more. will De subject to a minimum penalty equal to .7 Seven (%) days interest On the amovnl withdrawn d withdrawal is made with n six (61 cajendardays from the date of dep05' and one month'5 Simple Interest if made after six (61 Calendar days and before eighteen 118) months One months simple interest on the amount withdrawn months Interest regardless of when the withdrawal occurs Tl me deposits. made DY—a deposdor oche, Ihan an mdim dual Inst have a —ma turth or notica parlod of bas then ug h lean (1 BI Tont he, vin 11 be Sul eCt 10 a minimum penalty equal to E Seven Ill days interest On ins am punt wl the ra win if the A, i mdra waI is made within six (6) Ca lends days from the da'a deposit and _ _ interest if withdrawn thereafter Mont ns Interest regardless of when wi t no rawaI occurs , r/r/' —7— STATUTORY PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that Mr. William Pochirowski , as Principal, hereinafter called CONTRACTOR, and Mariners Bank 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 Sixteen thousand, ninety-one_ 5 nn/inn Dollars ($ 16,091.00 ) 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: "on-site imnroyPmPnt." ;,,,.i„A;.g* driveway_ raraini�g walls, terrace drains, area drains, etc., for ter 9L/Tr.rr lnlni (97119 F;nhl�n.i ngi;',� San Juan Capistrano, as authorized by permit 1130141; excludes rough grading covered by separate bonding. 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 whatever legal right it may have to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED, that: 1. As a part of the obligation secured hereby, and in additio: to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, 0 0 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 modificat: 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, alterati or modifications, or of the work to be performed thereunder. Executed this 17 day of MAY 1992 at 14NARS. , Califor:ia. APPROVED AS TO FORM. C�L evAa-Lo J n R. Shaw y Attorney Paqe 2 - STATUTORY PERFORMANCE BOND (NOTARIZATION AND SEAL) -------------- OMCM SEAL John C. Feathers m • NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY My Comm. Emms Feb. 3, 1995 SURETY By Title (NOTARIZATION AND SEAL) d MEMORANDUM TO: David P. Bentz, Director of Administrative Services FROM: Dawn M. Schanderl, Deputy City Clerk DATE: June 3, 1992 SUBJECT: Time Certificates of Deposit (William Pochirowski) On June 2, 1992, 1 received the following Time Certificate's of Deposit from the Building Department: 1. Time Certificate of Deposit No. 0240968225 in the amount of $16,091.00.for the onsite improvement bond regarding Surety Agreement for Lot 24 of Tract 10103 (27712 Highland Drive). 2. Time Certificate of Deposit No. 0240968224 in the amount of $45,688.00 for the rough grade performance bond regarding Surety Agreement for Lot 24, Tract 10103 (27712 Highland Drive) Please put the attached Time Certificate of Deposit's into the safety Deposit box. Thank you for your cooperation. cc: Cheryl Johnson, City Clerk Daniel McFarland, Building Manager L • MARINERS 8�1DE TIME CERTIFICATENK POSIT Date 05-28-92 Account N0240968225 Purch..etlbyWILLIAM J POCHIROWSKI Amount 16,091.00 Rate 4.000'% Payableto THE CITY OF SAN SANJJUAAANCAPISTRANO Term 365 DAYS 0of IMrL /MAPI e0i"1 1U Multipm M fumy Interest on this Deposit shell be Mid: ❑ MMthly X h Rainiest at Maturity (Multiple Maturity only) ❑ Credit to ❑ Quarterly ❑ Annually X I. -I At Maturity ❑ Other InteleSt shall txbased uX ❑ 365 Daye ❑ 360 Day. ❑ Simi compounded No Interest will be "to on .Ingle maturk, deposit. after the maturity date. Multiple Maturity deposits will be renewed automatically for the same tent, et rho Interest wte rn eeact on the m.tuntyd.w hisse the deposit is redeemed within 10day3afterme maturity date. The Bank reserves the right to redeem this deposit on the Original or any subsequent maturity. In thq event, you will M given ten day advance wntten notice oftno Banka intent presentation of this Receipt is nobepmred to withdraw funds from this account. FDIC Regulations Require a SugmwAI*I Penalty For Early yalthdr> ♦ ba[_FyIC NOTNEOOTIABLE NOTTMNSFEMSLE AUTH 1 NAT E EARLY WITHDRAWAL PENALTY A. MINIMUM SIX (S) DAY PENALTY. For all time deposits. any withdrawal made within the first six(6) calendar days after the date of deposit or within six (6) calendar days following any partial withdrawal made prior to the maturity date will be subject to a minimum penalty equal to seven )7) day0 simple Interest on the amount withdrawn. B, TIME DEPOSITS BY INDIVIDUALS. 365 DAVC Time deposits. made by Or for the benefit of one or more individuals. that have a maturity of_q the. will be subject to a minimum penalty equal to: ❑ Seven 17) daysinterest on the amount withdrawn if the withdrawal m made within six (6) calendar days from the date of X Oflj and interest if withdrawn thereafter. ❑ month's interest regardless of when the withdrawal occurs. ❑ — C. TIME DEPOSITS BY DEPOSITORS OTHER THAN INDIVIDUALS. Time deposits. mads by a depositor other then an individual, that haw a stated maturity or notice period of eighteen (1 B) months or mon, will be subject to a minimum Penalty equal to: ❑ Seven (7) days interest on the amount withdrawn If Withdrawal is madewlmin surd) calendar daysfrom the date of deposit and one month's simple interest if made after six (6) calendar days and before eighteen (18) months. ❑ One month's simple interest on the amount withdrawn. ❑ months' interest regardless of when the withdrawal occurs Time deposits. made by a depositor other than an individual, that hate a maturity or notice period of lose than eighteen (18) months. will be subject to a minimum penalty equal to: ❑ Seven (7) days' interest on the amount withdrawn if the withdrawal is made within six (B) calendar days from the date of deposit and interest it withdrawn thereafter. ❑ months' Interest regardless of when withdrawal occurs. HOW THE PENALTY WORKS. epanalty is caltulaletl asalodsdure of wit of the interesithet would beearned onthe rime da otted from eathu bNnaameI the0therat already has not yet earned enough interest ao that tut the pelnait can ucted from earned mtereal, or d tae interest alreaoy ass be M, the penalty will be deducted from the principal, HOW THE PENALTY IS CALCULATED. The penalty 13 calculated as follows: ❑ Fixed Rate. If the rate of interest is lixed for the term of the deposit, then the penalty will be Calculated using the nominal (simple interest) rate being paid on the deposit. ❑ Variable Rate. If during the term Of the deposit the rate of interest will very based on an index not within the control of the financial institution, then the penalty designated above on the amount withdrawn will be Calculated using (check One): ❑ The rete in effect On the deposit de ate the depowas OpeOetl. ❑ The retain affect On the date of posit l.w C An average of the rates m affect during the term of the deposit. EXCEPTIONS TO EARLY WITHDRAWAL PENALTIES. The financial institution at Its Option may pay a time depoait, or a portion thereof, before maturity without imposing an early withdrawal penalty under the following Circumstances: A When an ownerof the deposit dies or is determined legally incompetent byacourt or0therbodyof COmpetentiunsdiction. ' a Where the time deposit is an Individual Retirement ACCOunt(IRA) and any portion is paid within seven T)days aflat establish. 1 menti or where the time deposit is a Keogh Plan lKeogh), provided that the depositor forfeits an amount at least equal to the simple interest earned on the amount withdrawn; or where the time deposit is an IRA or Keogh and the Owner attains age 591h or becomes disabled. G Where a timedeppsn swithdrawn within ton (10) days after a specified video for automatic renewal at the maturity date. seta even though t deposit contract pro. Each parson algning below acknowledges receipt of this db ate I. Date 5 28 92 Depositor WILLI M P CHIROW KI Depositor DATE Co' ENTRY ACCOUNT RECORD OF RATE AND TERM RATE OF NEW EFFECTIVE BALANCE EARNINGS MATURITY DATE DATE MARINERS BANK • TIME CERTIFICAT)o DEPOSIT iData 5-28— Account No 0240968224 Purchased by WILLIAM J POCHIROWSKI ,ppoupt $,_ 45,688.00 P19P R.I. 3.650% Payableto THE CITY OF SAN JUAN CAPISTRANO Te,m 90 DAYS II �� p AingeM unt Bmiilofr ❑yM yyyy h., Maturity yyyy interest on this Deposit shall be paid.' ❑ Monthly ❑ originally❑ Annually ❑u Maturity Nlfln ` ❑ vest at Maturity(Mulbpie Maturity only) ❑Credit to -yyyy 1 11 Other Interest shall be baaeo on C&5 Days C3060 Days 11Simple❑yAmpoended No Interest will M paid on single maturity deposits after the maturity data Multiple Maturity deposit$ will be renewed automatically for the same term at the interest rate in effect on the maturity date unless the deposit is redeemed within t 0 days after the matunty date. The Bank reserves the fight to redeem this pill on the original or any Subsequent maturity In thisevent, you will be green amen day advance .,,"an notice of the Bank's Intent. Presentation of this Receipt Is not required to withdraw funds from this account NOT Regulation,IABL RVOT a SubstaANSFE ifat penalty For Early WIthO %�O NOTNEGOTIABLE NOTTMNSFERABLE � AUTRORI NATU�IE EARLY WITHDRAWAL PENALTY A. MINIMUM SIX (6) DAY PENALTY. For all time deposits, any withdrawal made within the first six(6) calendar days atter the date of deposit or within six (6) calendar days following any partial withdrawal made prior to the maturity date will be subject too minimum penalty equal to v seven (7) daysSimple interest on the amount withdrawn. B. TIME DEPOSITS BY INDIVIDUALS. TT�1��yycQ Time deposits. made by or for the benefit of one or more individuals, that have a maturity of _90 nQUICtiivill be subject to a minimum penalty equal to: ❑ Seven (7) days' interest on the amount withdrawn if the withdrawal is made within six (6) calendar days from the date of d�potl1 interest if withdrawn thereafter. month'a interest regardless of when the withdrawal occur. C C. TIME DEPOSITS BY DEPOSITORS OTHER THAN INDIVIDUALS. Time depoeits, made bye depositor other than an indh idual,that have stated maturity or mollies Period of eighteen (18) months of mom, will be subject to a minimum Penalty equal to: ❑ Seven (T) days' interest on the amount withdrawn it withdrawal is madewithin six (6) calendar days from the dale of deposit _ and one month's simple interest if made after six (6) calendar days and before eighteen (18) months. • One month 'a simple Interest on the amount withdrawn. ❑ months' ,merest regardless of when the withdrawal occurs. Time deposits, made by a depositor other than an individual, Met have a maturity or notice period of Ins then eighteen (I8) months, will be subject to a minimum penalty equal to: Seven (7) days' interest on the amount withdrewn d the withdrawal is made within six (6) calendar days from the date of — deposit and interest if withdrawn thereafter. ❑ months' interest regardless of when withdrawal occurs. HOW THE PENALTY WORKS. The "natty Is Calculated as a forterture of part of themterestacrwuukl be earned on the time deposit It aW "Iste heer th • or notthUntereathae beeneametl. In otherwords.d thea has not yet earned enough interest so that the penalty ca enough deducfed from earned Interest. Or if the interest already hes paid, the penalty, will be deducted from the pnncipal. HOW THE PENALTY IS CALCULATED. The Penalty is calculated as follows: ❑ Fixed Rate. If the rate of interest is fixed for the term of the deposit then the penalty will be calculated using the nominal (simple interest) rate being aid On the deposit. ❑ Variable Rate. If during the term of the deposit the rate of interest will vary bated on an index rot within the control of the financial institution, then the penalty designated above On the amount withdrawn will be calculated using (Check Oral: ❑ The rate m effect on the date the deposit was opened. ❑ The retain effect on the date of withdrawal. ❑ An average of the rates in effect during the term of the deposit EXCEPTIONS TO EARLY WITHDRAWAL PENALTIES. The financial institution at its option may pay a time deposit or a Portion thereof. before maturity without imposing an early withdrawal penalty under the following circumstances: A When an owner of the deposit dies or is determined legally incompetent by a court or other body of competent jurisdiction. 6 Where the time deposit is an Individual Retirement Account(IRA) andany portion is paid within eaven(7) days afterestablish- menb or where the time deposit is a Keogh Plan (Kiii Provided that the depositor forfeits an amount at least e0ual to the simple interest earned on the amount withdrawn; or where the time deposit is an IRA or Keogh and the owner attains age 59n, or becomes disabled. C. Where a time deposit is withdrawn within ton 11 Dj days atter a specified maturity date even though the deposit contract pro- vides for automatic renewal at the maturity date. Each person signing below acknowledges reaipt of this discl eM. Date 519811:0 i Z� C Depositor ACCOUNT RECORD OF RATE AND TERM I� DATE OF RATE OF NEW EFFECTIVE BALANCE ENTRY EARNINGS MATURITY DATE DATE % s s % s % S % S % S f