1991-0419_KEIL , JOHANN_Surety AgreementIGREEMENT FOR GRADING, LANDSCAPING
IMPROVEMENTS AND PROPERTY RESTORA
THIS AGREEMENT is made by and between the CITY OF SAN JUAN CAPISTRANO,
a municipal corporation, hereinafter referred to as the "City" and Johann Keil, referred
to as "Developer".
WITNESSETH
WHEREAS, City will issue Grading Permit No.21479-B and Building Permit No.
21480-B 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 Parcel
No. 650-613-19, Tract No. 12954, Lot 198, commonly referred to as 30221 Via Festivo,
San Juan Capistrano, CA 92675
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 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 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 $8,030.00 for that work described in Exhibit
"A". This security of $8,030.00 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
tl 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 8-3.06 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 Zi / % , 19 %/ at San Juan Capistrano, California.
Approved s to
By: Joh w
City Attorney
ty of San a Ca istr no
B anie V. MfFaFlajd
Building Official
Princ.
By:
Title:
J
Title:
By:
Title:
-3-
EXHIBIT "A"
KEIL RESIDENCE
ITEM 1: Construction of all on-site grading (cut, fill and slope stabilization) operations
in accordance with Grading Permit No. 21479-B and the Developer's plans and
supporting documents as listed below:
(A) Grading Plan for 30221 Via Festiva, San Juan Capistrano prepared by
Western Pacific Engineering, Inc., Warner P. Younis, RCE No. 37445
dated July 18, 1990.
(B) Geotechnical Report for 30221 Via Festiva, San Juan Capistrno prepared
by Leighton and Associates, Inc., Lan N. Pham, No. SE686, dated
June 12, 1990.
ITEM 2: Construction of all on-site improvements in accordance with Grading Permit
No. 21479-B 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.
ITEM 3: Construction of foundations and buildings in accordance with Building Permit
No. 21480-B and the building plans for 30221 Via Festiva, San Juan Capistrano
by Romeo Asprec, Wen Sun & Associates, Mr. Kwan, No. C-012278.
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0
EXHIBIT "B"
SCHEDULE FOR COMPLETION OF IMPROVEMENTS
Completion Date Task
4/24/91
Rough Grade Certification
4/30/91
Foundation
5/30/91
Rough Plumbing
5/30191
Rough Electric
5/30/91
Structural Framing
6/30/91
Structural Final
8/30/91
Mechanical Final
8/30/91
Plumbing Final
9/30/91
Electrical Final
11/30/91
Landscape Irrigation
11/30/91
Landscape Planting
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EXHIBIT "C"
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. 21479-B.
B. Grading operations shall commence within fourteen (14) calendar days after issuance
of Grading Permit No. 21479-B.
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. 21479-B and Building Permit No. 21480-B,
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.
J. Construction and grading equipment traffic shall take access from Rancho Viejo
Road. 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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i
January 25, 1993
Mr. and Mrs. Keil
30221 Via Festivo
San Juan Capistrano, CA 92675
MEMBERS OF THE CITY COUNCIL
COLLENE CAMPBELL
GARY L. HAUSOORFER
GIL JONES
CAROLYN NASH
JEFF VASOUEZ
CITY MANAGER
GEORGESCARBOROUGH
Re: Release of Certificate of Deposit- Security for Grading at Property Located at
30221 Via Festivo, San Juan Capistrano
Dear Mr. and Mrs. Keil:
Attached is your Certificate of Deposit No. 07293-1221 issued by Bank of America, in
the amount of $8,030.00. Said Certificate of Deposit was given to the City as security
for grading on property located at 30221 Via Festivo, San Juan Capistrano (Tract 12954,
Lot 198). Work has been completed to the satisfaction of the City of San Juan
Capistrano and the Certificate of Deposit is hereby released.
If you have any questions, please do not hesitate to call.
Very truly yours,
Dawn M. Schanderl
Deputy City Clerk
Attachment
cc: Daniel W. McFarland, Building & Safety Manager
Bank of America, San Juan Capistrano Branch
This is to acknowledge that 1 have received the Certificate of DI-posit/�Io. 07293-1221
n ////
issued by Bank of America in the amount of $8,030.00.r\
Dated this 4day of January, 1993.
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171
MEMORANDUM January 14, 1993
TO: Dawn Schanderl, Deputy City Clerk FROM: Daniel W. McFarland, Building & Safety Managerbt-�
Department of Engineering and Building
SUBJECT: Bond Release for Keil - 30221 Via Festivo
This memo serves as authorization to release the referenced bond, Certificate of Deposit
#07293-1221 with Bank of America in the amount of $8,030.00 for grading at 30221 Via
Festivo. All work covered by this bond has been completed to the satisfaction of the
Building Division.
DM/st
cc: Building File
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1 STATUTORY PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, that Johann Keil
as Principal, hereinafter called
CONTRACTOR, and Cathay Bank ,
as Surety, hereinafter called SURETY, are held and firmly bound unto
the City of San Juan Capistrano, as Obligee, hereinafter called CITY,
in the amount Of Eight Thousand Thirty h 00/100 Dollars
($ 8,030.00 ) 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: Grading, landscaping and on-site improvements and
property restoration as authorized by grading permit No. 21479-B and building
permit No. 21480-B at 30221 Via Festivo, San Juan Capistrano, California.
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 ST 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
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 modification
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, alterations,
or modifications, or of the work to be performed thereunder.
Executed this r - day of , 1991_, at
A JrhA,ct California.
APPROVED AS TO FORM.
(:)L e'v-� —
S n R . S aw
ty Attorney
Page 2.- STATUTORY
BOND
PR
By
Ti
(NOTARIZATION AND SEAL)
SURETY
By_
Title
(NOTARIZATION AND SEAL)
GENERAL ACKNOWLEDGMENT
Stateof /f
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County of LOS Hn/u�,eGE_S JJJSS.
OFFICIAL SEAL
DEBORAH A. SIMS
Notary Public-Ulfomia
LOS ANGELES COUNTY
My Comm. Exp. Jan. 21, 1892
On this the &�day of 4 19-9-/, before me,
the undersigned Notary Public, personally appeared
J¢/1AnIA/ kc2 1 --
personally known to me
-] proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) /5 subscribed to the
within instrument, and acknowledged that hk- executed it.
WITNESS my hand and official seal.
No. 201
]110 122 NATIONALNOTARYASSOCIATION•8230Re ,m tAve.•PO. Box7184•Canoga Park, CA913047184
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MULTIPLE MATURITY
CERTIFICATE OF DEPOSIT
IMPORTANT NOTICE
you have agreed to keep your funds
on deposit until your certificate of
deposit matures. At our discretion,
we may allow you to withdraw all or
part of your funds at times other
than a grace period (an early with.
drawal). However, each time you make
an early withdrawal we will impose a
substantial early withdrawal penalty
Non the amount withdrawn. The penalty
cagplies to each early withdrawal during
o tie initial maturity period and during
Hch renewed maturity period.
o0 �• If the maturity period is less Thar:
a three months, you forfeit ai': interest
3 the funds would have earned over
the full maturity period. regardless
M c of when you make the withdrawal
Y G if the maturity period is three months
or more, you forfeit
H three months of interest if the
amount withdrawn has been
"' ti on deposit for three month_,
LH
0 or le=s;
o N
o > all the .•iterest earred ;f the
ti amount withdrawn has been
on deposit for more than three
o months
ti
o The penalty may exceed interest earned
$, and require a reduction in the funds
d withdrawn or funds remaining on deposit
o The penalty is calculated on a simple
interest basis, at the rate being paid on
N the deposit.
0
" Please refer to the publication you
receive for the other terms and condi-
tions applicable to this time deposit.
0 0
MEMORANDUM
TO: David Bentz, Director of Administrative Services
FROM: Dawn M. Schanderl, Records Coordinator
DATE: April 23, 1991
SUBJECT: Certificate of Deposit (Keil)
On April 19, 1991, Dan McFarland, Building & Safety Manager, forwarded to our office a
surety agreement between the City and Johann Keil regarding property described as Lot
198, Tract 12954, A.P. 650-613-19 and referred to as 30221 Via Festivo, San Juan
Capistrano.
Said surety agreement required a bond in the amount of $8,030.00. Said bond has been
forwarded to this office in the form of a Certificate of Deposit, account number 07293-
1221 drawn from the Bank of America, San Juan Capistrano.
The Certificate of Deposit is for one term. Upon maturity date the certificate will be
reinvested automatically for the same rate and term unless presented for redemption
during the stated grace period.
Please put attached Certificate of Deposit No. 07293-1221 in the safety deposit box.
Thank you for your cooperation.
cc: Daniel W. McFarland, Building & Safety Manager
Cheryl Johnson, City Clerk
0 0
MEMORANDUM April 19, 1991
TO: Dawn Schanderyl, Records Coordinator,
City Clerk
FROM: Daniel W. McFarland, Building be Safety Manager
Department of Engineering and Building
SUBJECT: Surety Bond - Grading Performance Bond
Please find attached original Surety Agreement, for Johann Keil for your safe keeping in
your office per Administrative Policy #505.
Owner: Johann Keil do Catherine Keil
Address of 30221 Via Festivo
Project Site: San Juan Capistrano
Tract:
12954
Lot:
198
Amount of Bond
$8,030.00
Surety/Bonding Co.: Bank of America
Surety No.: Account #07293-1221 - Expires 4/19/92 (I JO— Uyy�
UIVS 429t-1 %
Lkob a>
This memorandum will serve as a receipt for said bond. Building and Safety Division will
notify your Department to release bond when appropriate. Please store in safe deposit
box for safe keeping.
Thank you for your assistance in this matter.
DM/st
Attachment
cc: Building File