Loading...
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. 1 0 0 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. 2 0 0 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' 0 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 P 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 0 EXHIBIT "C" 0 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. 0 0 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 Ll March 3, 1995 Mr. & Mrs. Ben Hamner Rancho Viejo Storage 32532 Alipaz San Juan Capistrano, CA 92675 L,,�(5�/' IA�AOIAIFI ❑mush 1961 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 3 t%j 0 �'1 • 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 0 9 U 1111AMI1 U 0 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 Q""'t" L: `� I ease rermoue �rome}y de os l look • Clirn,o 313lgS 6rrna-- 0 0 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