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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". -1- 0 0 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 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: -3- • 0 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.) -4- EXHIBIT "B" SCHEDULE FOR COMPLETION OF IMPROVEMENTS - GRADING ONLY - Completion Date Task July 31, 1992 Rough Grade Certification -5- 9 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. 0 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. -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 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, 0 r • 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 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 • 0 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 % % % % S • 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. �j r- 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