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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. -2- 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. -4- 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 -5- 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. -7- 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 $8,030.00 for grading at 30221 Via Festivo. All work covered by this bond has been completed to the satisfaction of the Building Division. DM/st cc: Building File O C i � U � .L. C y O O� �C O O O c N W Z U c Cc CC a 0) L C _ 3 a C O O U E N m � m = „O N O O m _c N Y m m d L N U m N C N � m E L m � a o. m � mm c my v m N ` U L � a "E d oL cc U C a 0 om0 J w mm E C U m mro a 1 2m` o. N 1 3 V N M2 m \'..0 T c 0.2 = N m a O. .L. m m m0 O)U a m N a N O V ftp LN CL yU U m m� m m so C O) Om. j m t30 « rE O 3; cg E� me t L O C as mm N E U E 1 STATUTORY PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that Johann Keil as Principal, hereinafter called CONTRACTOR, and Cathay Bank , as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount Of Eight Thousand Thirty h 00/100 Dollars ($ 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 AA } 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 0 % ( co CD m % ■ ) { a \ CD U & z ! 00 `Ir0Lu z m § 00 — E ! _ ®E § _ % `'/ ; z\ m E �\ (6 0 �` 35 !7■ cce ( / �\ § \0 ¥ $ , k/ { IE & CL \k( \ }) 2m \/ OWL _O- � \ «§7f #@ 3 } es [§ �{ \k ■ § Q CL §� \\/� Wo 0 0 0 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