1994-0808_HAMNER, J / B_Grading Surety AgreementE
SURETY AGREEMENT FOR GRADING, '
LANDSCAPING, AND ON-SITE IMPROVEMENTS
AND PROPERTY RESTORATION
THIS AGREEMENT is made by and between the CITY OF SAN JUAN CAPISTRANO, a
municipal corporation, hereinafter referred to as the "City" and Joyce and Ben Hamner, a Family
Partnership referred to as "Developer".
WITNESSETH
WHEREAS, City will issue Grading Permit No. 32585 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 32532 Alipaz, San Juan Capistrano, California commonly referred to as Rancho RV
Storage.
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 Oblations. 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.
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The amount of the bond shall be $35,360 for that work described in Exhibit "A". This
security of $35,360 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".
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
uncompleted 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:
A. Dismantle and/or demolish improvements;
B. Grade property to its original contours as shown on the grading plan referred
to in Exhibit "A';
C. Remove all debris and construction materials from the site; and
D. 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 the 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
1994 at San Juan Capistrano, California.
Dev�
BV Jbyce and Ben Hamner
dba Rancho Storage, a Family
ormByApprov as to Form-
By:
: Richard K. Denhalter
City Attorney
liza Capi
By: Daniel W. McFarland
Building Official
11
State of Crit 7 Fzogoi y w
County of IZL'l�3�c'
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On%osi f 9 before me, t.�EaV 1`lUicriyG3 &IorAeyR,
IDAT INAMEITITLE OF OFFICER.i.e.'JANE IFOE, NOTARY PUBLIC'I
personally appeared 13 $ u ffA#nAJ6e and J;�YCF
INAME(S) OF SIGNERISII
❑ personally known to me -OR- 9—
PHILIP J. HUGHES
COMM. #100718
CO Notary PublicCaliforlNB
ORANGE COUNTY
My Commission Exp. 12M M
proved to me on the
basis of satisfactory
evidence to be the
person(s) whose name(s)
Ware subscribed to the
within instrument and
acknowledged to me that
hefshe/they executed the
same in hisilheF/their
authorized capacity(ies),
and that by WsAiter/their
signature(s) on the
instrument the person (s),
or the entity upon behalf
of which the person(s)
acted, executed the
instrument.
Witness my hand and official seal.
(SEAL) (101
G TORE OF NOTAR 1
ATTENTION NOTARY
The information requested below and in the column to the right is OPTIONAL.
Recording of this document is not required by law and is also optional.
It could, however, prevent fraudulent attachment of this certificate to any
unauthorized document.
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT:
Title or Type of Document
Number of Pages Date of Document
Signer(s) Other Than Named Above
WOLCOTT$ FORM 63260 Rev. 3.94 Wits class S -2A) 1996 WOLCOTT$ FORMS, INC.
ALL PURPOSE ACKNOWLEOGMENT WITH SIGNER CAPACITYMEPRESENTATION/TWO FINGERPRINTS
RIGHT THUMBPRINT (Optional)
CAPACITY CLAIMED BY SIGNERIS)
XIINDIVIDUALISI
❑CORPORATE
OFFICERIS)
OPARTNERIS) ❑LIMITED
OGENERAL
❑ATTORNEY IN FACT
OTRUSTEEIS)
OGU ARDIANICONSERV ATOP
❑OTHER:
SIGNER IS REPRESENTING:
(Name of Personls) or Entity(ies)
RIGHT THUMBPRINT (Optional)
CAPACITY CLAIMED BY SIGNERIS)
❑INDIVIDUALIST
OCORPORATE
OFFICER(S)
MTLESI
OPARTNERIS) ❑LIMITED
❑GENERAL
❑ATTORNEY IN FACT
OTRUSTEEISI
O GUARD IAN/CONSERVATOR
❑OTHER:
SIGNER IS REPRESENTING:
INams of Persons) or Entitylissl
7 67775 63240 8
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EXHIBIT "A"
RANCHO RV STORAGE
ITEM l: Construction of all on-site grading (cut, fill and slope stabilization) operations in
accordance with Grading Permit No. 32585 and the Developer's plans and supporting
documents as listed below:
(A) Grading Plan for Rancho RV Storage, dated August 3, 1994, prepared by
Christiansen and Associates, Elmer Christiansen, RCE No. 10609.
(B) Geotechnical Report for Rancho RV Storage, dated July 19, 1994, prepared
by John A. Sayers, Assoc., John A. Sayers, CEG No. 907.
ITEM 2: Construction of all on-site improvements in accordance with Grading Permit
No. 32585 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 the City Engineer.
EXHIBIT "B"
SCHEDULE FOR COMPLETION OF IMPROVEMENTS
Completion Date
Task
12/8/94 Rough Grade Certification
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EXHIBIT "C"
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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. 32585.
B. Grading operations shall commence within fourteen (14) calendar days after issuance of
Grading Permit No. 32585.
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. 32585, 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 the satisfaction of the 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.
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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.
7
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March 3, 1995
Mr. & Mrs. Ben Hamner
Rancho Viejo Storage
32532 Alipaz
San Juan Capistrano, CA 92675
L,,�(5�/' IA�AOIAIFI
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1776
MEMBERS OF THE CITY COUNCIL
COLLENE CAMPBELL
WYATI'HART
OIL JONES
CAROLVN NASH
DAVID SWERDUN
CITY MANAGER
GEORGE SCARBOROUGH
Re: Release of Payment Bond Certificate - Security for Grading for PLQperty Located
at 32532 Alipaz Street.. San Juan Capistrano
Dear Mr. & Mrs. Hamner:
Attached is your Payment Bond Certificate No. 20986, issued by Union Bank, in the amount of $35,360.00. Said
Payment Bond Certificate was given to the City as security for grading on property located at 32532 Alipaz, San
Juan Capistrano. Work has been completed to the satisfaction of the City of San Juan Capistrano and the
Payment Bond Certificate is hereby released.
If you have any questions, please do not hesitate to call.
Very
truly yours,
aur???.
Dawn M. Schanderl
Deputy City Clerk
cc: Daniel W. McFarland, Building & Safety Manager
Union Bank, San Juan Capistrano Branch
This is to acknowledge that I have received the Payment Certificate Bond No. 20986 issued by Union Bank in
the amount of $35,360.00.
J e
Ben Hamner
Dated this 49' day of March, 1995.
#731000I334
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SURRENDER FOR PAYMENT
Pay to the order of Joyce & B Hamner
without recou e. tk o ua
Capistrano BY 112
PAYEE C thia L. Pendleton
ity Treasurer
DEPOSITOR
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TO: Dawn Schanderl, Deputy City Clerk
FROM: Daniel W. McFarland, Building Official
Department of Engineering & Building bll�
SUBJECT: Bond Release for Rancho RV Storage
March 2, 1995
Please cause to be released a bond in the amount of $35,360 to Joyce and Ben Hamner. This bond
was posted for grading for Rancho RV Storage at 32532 Alipaz, San Juan Capistrano. This bond
is in the form for a Certificate of Deposit #20986 with Union Bank, San Juan Capistrano, Account
No. 0459039699.
�V
r,
Thank you for your assistance. i `
DWM/st 3 I a! Q 5
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`� I ease rermoue �rome}y
de os l look • Clirn,o
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EXHIBIT "D"
r PAYMENT BOND CERTIFICATE ( I it
�11��j�,,,,e Automatic Renewal. Non -Negotiable Certificate Serial Number:
7 - Office of Account: SAN JUAN CAPISTRANO
Account Number: 0459039699 Amount Deposited S 35, 360.00
On AUGUST 8 1994 THIRTY—FIVE THOUSAND THREE HUNDRED SIXTY AND N0/100
* * * * * * * * :r * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Dollars
was deposited for 180 DAYS by JOYCE & BEN HAMNER DBA RANCHO STORAGE, A FAMILY
PARTNERSHIP * * * * * * * * * * * * * * * * * * * * * * * * * * * * Depositor) and is payable to
CITY OF SAN JUAN CAPISTRANO
on FEBRUARY 4 1995 (the Maturity Date), upon presentation of this Certificate, properly endorsed. This deposit will earn interest
at the rate of 3.10% , compounded daily using a 365 -day year. for an annual percentage yield of 3.15%
Interest will be paid to the Depositor AT MATURITY . If this Certificate is not presented for payment on the account's Maturity Date or
within NINE days after that date, the deposit will be renewed for a like term at the interest rate in effect on the account's Maturity Date. This
Certificate is NOT. transferable.
If all or any part of this deposit is withdrawn before the account's original or subsequent maturity date, the amount withdrawn may be subject to an
early withdrawal or compensating fee.
hp DaIFiNA7Lla ,
DU
TO:
FROM:
DATE:
SUBJECT:
•
Cheryl Johnson, City Clerk
Dawn M. Schanderl, Deputy City Clerk
August 11, 1994
•
Please put the following Payment Bond Certificate received from the building division into the
safety deposit box:
Bond No. 20986 drawn from Union Bank in the amount of $35,360 given to the City of San
Juan Capistrano as Surety for grading, landscaping and on-site improvements for property
located at 32532 Alipaz (Hamner, Joyce & Ben).
cc: Daniel McFarland, Building Manager