1992-0601_POCHIROWSKI, WM_Surety Agreement (2)SURETY AGREEMENT FOR GRADING
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 10103/1-ot 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 $45,688.00 for that work described in
Exhibit "A". This security of $45,688.00 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 8-2.06 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.
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In Witness Whereof, the parties have executed this agreement as
of _ i/A/� , 19 at San Juan Capistrano, California.
Approved s to
By: Johw
City ttorney
City of San Ju n Capirsto
W. 411f i
c arlan
By�-aniel
Building Official
7
Principal(s)/
By: i
Titl( 40 C',NE/2 wtt/—�i�/Z
By:
Title:
By:
Title:
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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 Dick Brown, 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.)
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EXHIBIT "B"
SCHEDULE FOR COMPLETION OF IMPROVEMENTS
- GRADING ONLY -
Completion Date Task
July 31, 1992 Rough Grade Certification
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EXHIBIT "C"
E
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. 30141.
Grading operations shall commence within fourteen (14) calendar days after issuance
of Grading Permit No. 30141.
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. Except as specified in "F" below, suspension in excess of twenty (20) working days of
work authorized by Grading Permit No. 30141, including erosion -control measures
and landscaping and irrigation, shall constitute default of this agreement.
D. 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.
E. 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.
F. Grading operations suspended during the rainy season shall be resumed no later than
15 days from date of suspension.
G. Installation of interim erosion control devices and systems shall commence within
seven (7) days after rough grade certification has been approved by the Building
Official and must be completed within fifteen (15) days of rough grade
certification. Final erosion control landscaping and irrigation systems shall be
installed prior to final inspection of the grading permit.
H. All work shall be performed in strict observation of the Hours of Operation in
accordance with San Juan Capistrano Municipal Code Section 8-107.
I. Contractor shall adhere to conditions of haul route permit and encroachment permit
issued by the City Engineer.
Parking for construction crew is to be on site.
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K. 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.
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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 forty-five thousand, six hundred eighty-eight & 00/Dollars
($ 45,588.00 ) 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: "Rough grading" of lot 24/Tract 10103 (27712 Highland Drive)
San Juan Capistrano, as authorized by permit #30141, excluding on-site improvements
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:
f
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,
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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 %Vj_ day of tv4A,*
tQyW Califor:ia.
APPROVED AS TO FORM.
(:�L eVA4LLO
J04n R. Shaw
y Attorney
Page 2 - STATUTORY PERFORMANCE BOND
19gM. , at
Title bwN�s. — �A7LLff{!iQ
(NOTARIZATION AND SEAL)
W
FFICIAL SEAL.
hn CFeathersRY PUBLIC • CALIFORNIAOR ww ('A.OUNIYmm. Expires Feb. 9. 1995
SURETY
By_
Title
(NOTARIZATION AND SEAL)
1�.
ilplpAApAAIII
IufYu 1961
1776
January 25, 1993
Mr. William Pochirowski
27712 Highland Drive
San Juan Capistrano, CA 92675
Re: Release of Time Certificate of Deposit - Security for Grading at
Dear Mr. Pochirowski:
MEMBERS OF THE CITY COUNCIL
COLLENE CAMPBELL
GARY L. HAUSDORFER
GIL JONES
CAROLYN NASH
JEFF VASOUEZ
CITY MANAGER
GEORGE SCARBOROUGH
Attached is your Time Certificate of Deposit No. 0240968224 issued by Mariners Bank, in
the amount of $45,688.00. Said Time Certificate of Deposit was given to the City as
security for grading on property located 27712 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 of Deposit is hereby released.
If you have any questions, please do not hesitate to call.
Very truly yours,
Z.
ynthia Pendleton
ity Treasurer
Attachment
cc: Daniel W. McFarland, Building & Safety Manager
Mariners Bank
This is to acknowledge that I have received the Time Cert' a of Deposit o.
0240968224 issued by Mariners Bank in the amount of $45,68
Zjo"� - --
WP
irowski
Dated this T day of January, 1993.
32400 PASCO ADCLANTO. SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 499.1171
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MEMORANDUM January 14, 1993
TO: Dawn Schanderl, Deputy City Clerk
FROM: Daniel W. McFarland, Building & Safety Manager
Department of Engineering and Building
SUBJECT: Bond Release for Pochirowski - 27112 Highland Drive
This memo serves as authorization to release the referenced bond, Certificate of Deposit
No. 0240968224 with Mariners Bank, in the amount of $45,688.00 for grading at
27112 Highland Drive. All work covered by this bond has been completed to the
satisfaction of the Building Division. Please note, the City is retaining a separate bond
in the amount of $16,091.00 for landscaping, on-site improvements and property
restoration.
DM/st
cc: Building File
r
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 $450688.00 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
MARINERS BANK
.
TIME CERTIFICATE CfEPOSIT
Date 05-28-92 ApgppntN0240968225
Ppmh.,edbyWILLIAM J POCHIROWSKI Amppnta 16,091.00
Rate 4.000%
Payable to THE CITY OF SAN
JJUUANN C�APPI�STTRANO V�r-1 Term 365 DAYS
Ilao'i' E. Int' I Slnpe etl M unry T' ^"L Multiple Maturity y�
inntterest on this Deposit shell be paid: 13Monthly C3Quarterly C]Annually0 At Maturity
Iy
-� U Reinvestat MatuntylMultiple Maturityonly)❑Dreditto Xy yj'
13 Other Interest shall be basad o ❑ 365 Days ❑ 360 Days 13Sim6M'❑ Compounded
No Interest will be paid on single maturity deposits offer the maturity date. Multiple Maturity deposits will be renewed
automatically for the Mme formal the,nterest rala,neffect onnie maturity dela unless the deposit is redeamedwdNn 10 days after the
maturity dale. The Bank reserves the right to redeem this deposit on the original or any subsequent maturity In this event, you win be
Oven a ran day advance wnnen notice of Sank'.micht. Presentation of this Receipt ie nolrenumed to withdraw funds from this account.
FDIC Regulations Recalls • Substantial penalty For Eeriy Wlthd a Da,_F➢IC
NOT NEGOTIABLE
NOT TRANSFERASLF
AUTN-6 NAT E
EARLY WITHDRAWAL PENALTY
A. MINIMUM SIE (S) DAT PENALTY.
For all time deposits, any withdrawal made within the first sixth) calendar days atter the date of deposit or within six (6)
catender days following any partial withdrawal made Dnor to the maturity date will be subject to a minimum penalty equal to
= seven (7) days' simple interest on the amount withdrawn.
S. TIME DEPOSITS BY INDIVIDUALS. 365 DAY
o Time deposits, made DY or for the benefit of one or more individuals. that have a maturity of o the. will be
Subject to a minimum penalty equal to:
❑ Seven (7) daysinterest on the amount withdrawn if the withdrawal is made within ux (6) calendar days from the date of
X OqWslt and interest if withdrawn thereafter
❑ months interest regardless of when the withdrawal occurs.
❑ —
C. TIME DEPOSITS ET DEPOSITORS OTHER THAN INDIVIDUALS.
Timedsoosits, made by depositor other than an indivieualthat have a stated m rturityor notice period of eighteen (IS)
months or more, if be sublect to a nummaum penalty equal to:
❑ Seven (7) days' interest on the amount withdrawn it withdrawal is hied, within six (6) calendar days from the date of deposit
and one months simple interest it made site, six (6) calendar days and before dig risen (16) months.
❑ One month's Simple interest on the amount withdrawn.
❑ months' interest relisrdless of when the withdrawal occur.
Time deposits, made by a debbsitor other than an individual. that have a maturity or notice period of Ins than eighteen
(t S) months, will W Subject to a minimum penalty equal to:
❑ Seven 17) days' interest on the amount withdrawn if the withdrawal is made within six (6) calendar days from the date of
deposit and interest if withdrawn theresfter.
❑ months' interest regardless of when withdrawal occurs.
1
HOW THE PENALTY WORKS.
COWThe panel "I calculate0 asataherture of oan ohhe mteresithat or woup heearned onthime OapositReaPINewMMer
iniMMt hp peen yrtletl. In otMrwOrtls, d the ac..'not vet gamed enpugh@, broat m that tits penallYGd G
uctea troth gamed interest or d the mtereat already nae p, the
OW THE PENALTY IS CALCULATED. Ps"any well be deducted from me pnnupal.
The penalty is calculated as follows:
❑ Fixed Rab. If the rate of interest is fined for the term of the deposit. then the penalty will W calculated using the nominal
(simple interest) rete being paid on the deposit.
❑ Variable Rate. If during the term of the deposit the rate of interest will vary based on an index not within the control of the
financial institution, then the penally designated above on the amount withdrawn will be calculated umng (check one):
❑ The retain effect on the date the deposit was Opened.
❑ The rata in effect On the date of withdrawal.
❑ An average or 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 depoail, or a portion thereof, before maturity without imposing an early
withdrawal penalty under the following circumstances:
A When an B Where the timedwnner of ins
deposit dies or ig determined legally;"competent by a court —.hih..
menti or where the time depOalt Is a Keogh Plan (Keogh)uProvnt ided that the deA) and any positor
a Paidwho as
simple interest earned on the amount withdrawn: or where the time deposit igoao IRA oeKeoq
59'4or becomes disabled.
Where a time deposit is withdrawn within ten( t 0) days after a SOSOifiSE y
wdea for automatic renewal at the maturity date dale even thou
Each person signing below adknowledoea rebNt nnAr.
Date _
Depositor
Depositor
I Ida" afterestablish-
mt at least equal to the
the owner ahem, age
ACCOUNT RECORD OF RATE AND TERM
DATE OF
ENTRY
RATE OF
EARNINGS
NEW
MATURITY DATE
EFFECTIVE
DATE
BALANCE
%
%
s
%
%
%
%
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MARINERS BANK
TIME CERTIFICATE DEPOSIT
Date 5-28— Acco.ri 0240968224
Purchased by WILLIAM J POCHIROWSKI Amount 45,688.00
Rate 3.650%
payable
ettoy'L.�THE
��C,IITi�Y OF SAN JUAN CAPISTRANO yy Term 90 GAYS
yl e-- •" &w T: nee M u t � rr ❑Mltipe Maturity
Interest on this Deposit shall be paid ❑ Monthly
❑ R &vest ai Matuniy IMueiple Maturity Only) ❑ Cnidd to
❑ Quarterly ❑ annually ❑U 1,181u11ty
❑ Other Interest shall be based on 11965 Days ❑ 360 Days ❑ S -hi ❑YAmocunded
No Interred will be paid on single maturity deposits attar the maturity data. Multrme Maturity deposits will W renewed
automatically for the same term at the interest rate in effect on the maturrtydate unless thedeposit Is radeemedwrthrn 10 deyealt., the
maturity date. The Bank reserves the right to redeem this deposit on the original or any subsequent maturity In this event, you will be
givena ten day advance written notmeof the Banka intent Presen W ionof this Receipt Snot required townfdraw, fundsfrom thisaccount
FDIC Regulations Results a Substantial Penalty For Eddy Wlthd mbe F C /vI�
NOTNEOOTIAELE NOTTMNSFEI BLE
AIJTHOF;�F714ATUPE
EARLY WITHDRAWAL PENALTY
A. MINIMUM SIX (8) DAY PENALTY.
For all time deposits, any withdrawal made within the first six(8) calendar days after the date of deposit or within six (6)
calendar days following any pallial withdrawal made prior t0 the maturity date will be subject t0 a minimum penalty aqua$ to
seven (7) days' Simple interest on the amount withdrawn.
B. TIME DEPOSITS BY INDIVIDUALS.
_ Time deposits. made by or for the benefit of one or more individuals, that have a maturity of 90 rt1a61I��y...111 be
Subiect to a minimum penalty equal to:
❑ Seven (7) daysinterest on the amount withdrawn it the withdrawals made within six (61 calendar days from the date of
dXp interest If withdrawn thereafter.
" s,arrd � month's interest regardless of when the withdrawal occurs.
❑ _._—
C. TIME DEPOSITS BY DEPOSITORS OTHER THAN INDIVIDUALS.
Time deposits, made by a depositorother than an individual, thathave• stated maturityor notice period of eighteen (18)
months for mere, will be subject to a minimum penalty equal to:
❑ Seven (7) days' interest on the amountwlthdrawn if withdrawal is madewlthin six (6) calendar days from the date of deposit
and one month's simple interest d made after six 16) 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, Met have a maturity or notice period of less than eighteen
(18) months, will be subject to a minimum penalty equal 10:
❑ Seven (7) days' Interest on the amount withdrawn if the withdrawal is made within six (81 calendar days from the date of
deposit and interest if withdrawn thereafter.
❑ months' interest regardless of when withdrawal occurs.
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HOW THE PENALTY WORKS.
•The panahy eGakulatedOaforteitum of part oft"interestcrwcukl deNrned on the time dw caM1 NappllM Whetllal
Ornatthelnte theab~gamed. In otherwords, oft" mak-Myst gamed enough intMeatsotet thedenamycan be
deducted from earned interest orif the interest already ha ps4 the penury will be deducted from the pintipaL
HOW THE PENALTY IS CALCULATED.
The Penalty ie calculated as fojlows:
❑ Fixed pate. If the rate of interest Is flaed for Me term of the deposit ten the penalty will be calculated using the nominal
(simple interest) rate being paid on the Mixed.
❑ Variable Rate. If during the term 0l the deposit to fate Ol intemat will varyba"d on w indes not within the control Of the
financial institution, then the penalty designated above on the amount withdrawn will be calculated using (Check chat:
❑ The rate in effect on the date the deposit woo opened.
❑ The rate in effect on the dale of withdrawat.
❑ An average of the rates in Skeet during the term of the delwalt
EXCEPTIONS TO EARLY WITHDRAWAL PENALTIES.
The financial institution at its option may pay a time dapoalt 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 orothsr body of competent jurisdiction.
6 Where the time deposit isan Individual Retirement AccounglRA) andanyoprhon is paid within seven (7)days aftereatabtish-
ment or where the time deposit is a Keogh Plan (Keogh), provided that the dapositorfortaits an amount at lOat equal to the
simple interest earned on the amount withdrawn; or whom ins time deposit is an IRA or Keogh and the owner attains age
591h or becomes disabled.
C. Where a ti me deposit is withdrawn within ton (10) days after a specified maturity date even though the deposit contract pro
vides for automatic renewal at the maturity date.
Each person signing below acknowledges receipt of this dNelMs,49
W19'ant.
al- fi;YA:r
ACCOUNT RECORD OF RATE AND TERM
DATE OF
ENTRY
RATE OF
EARNINGS
NEW
MATURITY DATE
EFFECTIVE
DATE
BALANCE
%
s
%
s
s
%
s
%
s
%
s
%
s