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1997-0702_CHETNEY, WILLIAM R._Surety Agreement(Page 2 of 16 - This document was retrieved and printed with the Infinite Imaging Systems DocSewer and is the Confidential Property of Wester, Growers. Inc.) at�00 Msm Aa[lAM0 BAN JIIaN GMifIMMQ CA Y3liE <s+s1 a[q-1 nl (we) K11aa9 (FAIa August 18,1998 William R Chemet' 30671 Steeplecbm Drive Sm Jum Capistmo, CA 92675 Re: Release of Plwment Bmd CertkOe f. No. 27989 Dar Mr. Chemey: YSl1\UFMCIYCgIId WIISEGY/!L arlmaa MYRi1YI,l YLJlO arlO,laYIERrM OIYIYM,mI amnrEerwoaoaw Pncloeed pleat find Payment Band Catifieam No.27989, usdad by Union Baok ofCslitoa ia, In thesmolnwof$30,000. Silk[ PaymmtBoadCalifialewas Ovmmthe City asw mityforWaft on property lasted at 30671 Steegiledwe, San Jaen Cepisbmo and has been redid by the Building Official to 53,000. The City is in maipt of the $3,000 replacement Payment Bond Qrti iate No.28831. If you have may, questions, plane do not hesitate to all. Very Indy yours, Dawn M. Schmded De" City Clerk Ealame a: Dmiel McFwlw4 Building Official Union Baric of Celifomia This is to acknowlelp that I have received Payment BondNo. 27989 in the emamt of $30,000 received this16 day of August, 1998. Ate . i William R. Cheat rumm San Juan Capistrano: Preserving the Past to Enhance the Future SURETY AGREEMENT THIS AGREEMENT is made by and between the CITY OF SAN JUAN CAPISTRANO, a municipal corporation, hereinafter referred to as the "City" and William R. Chetney, an owner/builder referred to as "Developer". WITNESSETH WHEREAS, City will issue Grading Permit No. 36220 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 30671 Steeplechase Drive, commonly referred to as the Chetney residence. WHEREAS, San Juan Capistrano Municipal Code Section 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 Section 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 Imp=rovements 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 $30,000.00 for that work described in Exhibit "A". This security of $30,000.00 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". Surety Agreement Page 2 William R. Chetney 30671 Steeplechase Drive San Juan Capistrano, CA 92675 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 as 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. T iabili v. 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. 0 Surety Agreement Page 3 William R. Chetney 30671 Steeplechase Drive San Juan Capistrano, CA 92675 In witness whereof, the parties have executed this agreement as of -7 'Z r 1997 at San Juan Capistrano, California. Developer Approved asto F in: By: bAttorney of San Juai Capistrano Kajlj;I-I WWI 6 By: Damel . McFarlankl Building Official Surety Agreement William R. Chetney 30671 Steeplechase Drive San Juan Capistrano, CA 92675 EXHIBIT "A" Page 4 Item 1: Construction of all on-site grading (cut, fill and slope stabilization) operations in accordance with Grading Permit No.36220 and the Developer's plans and supporting documents as listed below: (A) Grading Plan for the Chetney residence, dated 5/16/97, prepared by J. R. Charchol, J. R. Charchol, RCE No. 22827. (B) Geotechnical Report for the Chetney residence, dated 10/3/96, prepared by Ian S. Kennedy, Ian S. Kennedy, No. CEG 1057. Item 2: Construction of all on-site improvements in accordance with Grading Permit No. 36220 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. Item 3: Construction and placement of landscaping and irrigation in accordance with approved plans for the Chetney residence as included in the above plans. 0 0 Surety Agreement William R. Chetney 30671 Steeplechase Drive San Juan Capistrano, CA 92675 EXHIBIT "B" SCHEDULE FOR COMPLETION OF IMPROVEMENTS Completion Date Task 8/15/97 Rough Grade Certification Page 5 4/15/98 Landscape Irrigation (Per grading plans for erosion and silt control) 4/15/98 Landscape Planting (Per grading plans for erosion and silt control) Surety Agreement William R. Chetney 30671 Steeplechase Drive San Juan Capistrano, CA 92675 EXHIBIT "C" CONDITIONS FOR COMPLETION OF IMPROVEMENTS Page 6 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. 36220. B. Grading operations shall commence within fourteen (14) calendar days after issuance of Grading Permit No.36220. 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 item "F" below, suspension in excess of twenty (20) working days of work authorized by Grading Permit No. 36220, 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 item "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. Surety Agreement Page 7 William R. Chetney 30671 Steeplechase Drive San Juan Capistrano, CA 92675 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. Contractor shall adhere to conditions of haul route permit and encroachment permit issued by the City Engineer. J. Parking for construction crew is to be on-site. _ we*n ilt w !,2 n c /\a 0[§ \/ >o �/\!! �� \\ \ , .9 ,j j \ m g »m �-1 \ -4 . 13 § § : o (�\ \ �'i� :@ ,� a � \ \\\c #e LrA �\ CD \ \ iX ; &m ; GJ�. !E!}. w !,2 n c /\a 0[§ \/ >o �/\!! \ , .9 ,j j m g »m l -4 . § § : o \ �'i� :@ ,� a � � #e LrA �\ « q \ { ! 2 ¢ ) ■ \ �\�\� \}\ � \\ \ (�j�� \(� �� ( t°\\\\ :�: % � � � � � { [ �\2]�%\� \}) � / " � � { j:j� \�� . \ .(�� 6\}} \ d)\\\\) » ( � /~�/ ƒ\� <\[\; � � �(�i\y° \ \j22 � \ r\ / \� � a \\/ . � \�����\\\� � \ \\ )\\\\\\� \ \� \\� \ ��)f{ƒ2 }� ««:ƒ \\� «j[%r d{� . 2 �(2j t » �� \ .. > �i ��(\\��/: <,j \ )� � ;j 2 «� \ \ . § ®� , � � �( �(\\� : i. \ .� � \� \\�� �� \ /\\� \ / .I d », . �(.��\�\ « � 22:\ ƒ\� \ \\� �� �<d \9 y© / \\�� » \\\\\ :� J \�� \\ L}) � / ƒ ° \\\\� � \\\\\ �/ ^ . \\� \/j~ �����\\��� �� \/� \ \ � «\). / /\\%�/]\\\� » . 2 2 2' S, »° /\� }/�\/j\\\� :��\2�\�. \ \� 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949)493-1171 (949) 493-1053 (FAX) August 18, 1998 William R. Chetney 30671 Steeplechase Drive San Juan Capistrano, CA 92675 J«la� �'j inuuunu Iunuuo 1961 1776 Re: Release of Payment Bond Certificate No. 27989 Dear Mr. Chetney: MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL JOHN GREINER MATT HART GILJONES DAVID M. SWEROUN CITY MANAGER GEORGESCARBOROUGH Enclosed please find Payment Bond Certificate No.27989, issued by Union Bank of California, in the amount of $30,000. Said Payment Bond Certificate was given to the City as security for grading on property located at 30671 Steeplechase, San Juan Capistrano and has been reduced by the Building Official to $3,000. The City is in receipt of the $3,000 replacement Payment Bond Certificate No. 28831. If you have any questions, please do not hesitate to call. Very truly yours, Dawn M. Schanderl Deputy City Clerk Enclosure cc: Daniel McFarland, Building Official Union Bank of California This is to acknowledge that I have received Payment $30,000 received this 16 day of August, 1998. William R. No. 27989 in the amount of DRUG USE IS AB San Juan Capistrano: Preserving the Past to Enhance the Future 0 0 MEMORANDUM August 17, 1998 TO: Dawn Schanderl, Deputy City Clerk FROM: Daniel W. McFarland, Building Official (T Department of Engineering &Building ��r`'�F,'►"/ �� SUBJECT: Reduction of Grading Bond, Chetney Residence William R. Chetney, whose grading project is on 30671 Steeplechase Drive, has requested a reduction of his cash bond in the amount of $30,000, #27989 (copy attached) to an amount of $3,000, #28831. The Building Official has deemed this appropriate as the project is essentially complete. Enclosed is an original CD drawn on the Union Bank of California #28831 in the amount of $3,000 to be exchanged for CD #27989, also drawn on the Union Bank of California in the amount of $30,000. Also attached is a letter from Mr. Chetney requesting the reduction. Please process at your earliest convenience. If you have any questions, please contact me. DWM/st cc: Cindy Pendleton 0 | 9 n c |}��#} z !_ • � • _ |�/ ; Fri $\ !a! f§ K� ;&- co \i 5 E ■ m 2 m ! #| 0 ¥ J7 \ �(\) /!§ \ \ -� }\ � m �! �2 !j0 �0!� � ; \\} 0 Iz f! k� 0 | 9 n c z $ /e 0 $\ f§ Iz f! k� 0 I EXHIBIT I'D" U 14 ION PAYMENT BOND CERTIFICATE BANK OF1UtomJTrcap Ron*"[, Ncin-Neqotlalbls Certificate Serial Number:27989 I Sa fu CALIFORNIA Office of Account. man 11a B ------AccountNumber YU ... -- ------- Amount Deposited $ On jUNE 02 199-7 Dollars o rig, was deposited for_ by (Depositor) and is payable to iTt OF SAN' jUAN CIPiF SIHANO on (the Maturity Date), upon presentation of this Certificate, properly en"#s deposit will earn interest at the rate of cqmr)ound�d dqily.. using a 365 -day year, for an annual percentage yield of - Interest will be paid to the Depositor A iNt 1�, -i R If this Certificate is not presented for payment on the account's Maturity Date or within T'"'"N 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 -4 F, 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. AUTHORIZED SIGNATURE August 11, 1998 Dan McFarland City of San Juan Capistrano San Juan Capistrano, CA Re: Grading Bond 30671 Steeplechase, San Juan Capistrano Dear Dan: RECEIVED AUG 12 1996 BUILDING DIVISION Grading on my lot was completed several months ago, and my building is nearly final. However, due to digging a pool and site work, a substantial amount of dirt has been generated and is currently stockpiled on my lot. I do not wish to finalize placement of this dirt at this time due to my neighbor's pending grading plans. and our combined plan to develop the lower portions of our yards into a greenbelt. According to my grader, replacement and compacting the piles of dirt would take two to three days at $800 per day. Since my grading job is over 90% complete, I would like to reduce my grading bond to 10% of the original $30,000. Attached is a replacement bond in the amount of $3,000. Thank you for your attention to this matter and please don't hesitate to call me at 661- 1090 if you have any questions. Sincerely�\ William R. Chetney SURRENDER FOR PAYMENT Pay to the order of William R. yr Chetney without recourse. PAYEE City of San Juan 4aprano B00 y DEPOSI R • MEMORANDUM TO: File FROM: Cheryl Johnson, City Clerk DATE: July 3, 1997 is SUBJECT: Security for Grading - 30671 Steeplechase Drive - Chetney Attached is Certificate of Deposit No. 27989, from Union Bank of California, in the amount of $30,000, dated June 2, 1997, from Willian R. Chetney as grading surety for improvements at 30671 Steeplechase Drive.