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1995-0529_COAST BIBLE CHURCH_ Surety Agreement(Page 17 of 31 - This document was retneved and panted with the Infinite Imaging Systems DMSewer and is the Confidential Property of Westem Growers, Inc.) Date SLK -99 Certificate of Occupancy / Certificate of completion Boating Building and Safety Dtvialon City of San Juan Capistrano j,41Catfirited0cospeacf ! 1 CCatilD'n�befCompkdoa [ ] Temastlmpover t Address X26000 66 �!N - TnaA.a OwneftN a 0124 Pe®@NO. M266, Buimerffexont Name (For T.L) BUHJHNG & SAFETY Building 1 2 3 4 ZQ (kadteg 1 2 3 4 Site Plan - Setback 1@2 3 4 FIBS DEPARTMENT - Fire Department mast have a geed off in the field pator to approval ComVtnd MA&Dwellimg (3+) only1 2 3 4 ENGINEERING New Improvements 1 2 3 4 Existing Improvements 1 2 3 4 PLANNING Landscaping 1 2 3 4 Zoning 1 2 3 4 CAPISTRANO VALLEY WATER 1 2 3 4 BUSINESS LICENSES 1 2 3 4 HOME WARRANTY PROGRAM 1 2 3 4 HISTORICALIARCHAEOLOGICAL 1 2 3 4 UTHJTIES RELEASE ]G] JE] 1 2 3 4 CERTIFICATE OF OCCUPANCY 12 3 4 NOTE: STATUS" (Circle appropriate entry) 1. OK Approved 2. N/A Function is not applicable to permit 3. HOLD Do not issue Certificate of Occupancy (Indicate reason on reverse aide) 4. OK With conditions: Work restraining - does not prevent issuing partial or temporary occupancy. Final C. of O. may be issued with either (a) all work completed or (b) the posting of a bond to guarantee completion. i mmnroRwrto WDIM ED 1961 1776 September 11, 1996 Mr. Gene Frizelle, Manager Coast Federal Savings 24033 El Toro Road Laguna Hills, California 92653 Dear Mr. Frizelle: MEMBERS OF THE CITY COUNCIL COLENE CAMPBELL MATT HART GILJONES CAROLYN NASH DAVID SWERDLIN CITY MANAGER GEORGE SCARBOROUGH Attached is Passbook Savings Account No. 125-288-464 (formally United California Savings Bank Account No. 0-248844-3) for Coast Bible Church with an account balance of $35,039.73. The Building Division has authorized release of $30,039.73. A balance $5,000.00 is to be retained for completion of future improvements. Please sign, date and return the attached copy of the release form along with the updated passbook in the envelope provided. Thank your for your cooperation and assistance in this matter. If you should have any questions, please contract Dawn Schanderl, City Clerk's Division, at (714) 443-6310. Sincerely Yours, m "d W Cyr hia L. Pendleton tiµ'... N M T Director of Administrative Services r' ►' CD m zti --0o r s cc: Dawn Schanderl, Deputy City Clerk Daniel McFarland, Building Official m Coast Bible Church This is to acknowledge I have retained the amount of $5,000.00 in Coast Federal Savings Passbook Account No. 125-288-464 this�v day of September, 1996. All additional funds have been released. . //-- Gene Frizelle, Manager Coast Federal Savings rxi,14iot V, 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 A �LCCOI.NT0 PRODUCT PREMIERE SAVINGS 0-24Sg44 16 - UNITED_ CALIFORNIA @&WflH9@ BANK OI V I S ION OF C E N F E 0 BANK TWCT!_TTATTTRPQ DAntiTvvn vnn r_t THIS CE a'F'r>'-IA' **COAST BIBLE CHURCH** 'CHE CITY OF SAN JUAN CAPISTRANO** holds a s, rgs oel csit in Un'.ed California Savings Bank, a derision of CenFed Bank. subject to its charter and laws, the Poles a, o, Peg Matic -a for federal savings banks, and to the laws of the United States of Amerroa. Issued the 29 days JUNE .1995 . United California SavingsBanl` AUiNONRDS ALIFOENIAB SBANN 24102 EI Toro Road I aallna p �A��''iE'Sl'rI$ir9'�"� IMPCRTANT NFORMATION REGARDING YOUR SAVINGS ACCOUNT -he _i- int shov, i in the balance column is for the guidance of the account holder and s nut c ce taken s correct unless verified by comparison with the books of the Bank. n 'ece, ng nems other than cash this Bank acts only as collecting agent, and all such Mems at, fo,wardrad at account holders risk. All items are credited subject to payment, and " s Ban, resE ves the right to charge the account with any item not collected or paid. Nc NIlnu,awals n.ty be made by any person as a matter of right unless the passbook accci^o,iies the der. lhcr Ar tm , to If e Bank always give the number of the account and present post office EddresS n fill. N tify the Bank promptly of any permanent change of address, loss of .cur easbo)k of he death of any person named on the account. -his , c,, gun Is Inc , transferable except on the books of the Bank. U.S'1'C94 4h 0 6/29/95 33,400.00 33,400.00I,g ****OFFLINE TRNASACTION*** **FUNDS AVAILABLE 07/07/95*** JUN2995 33400.00 33400.00 SEP2395 423.66 33823.66 ., OCT2195 DV 114.22 33937.88 NOV2595 DV 128.13 34066.01 DEC2695 113.89 34179.90 DEC3095 14.72 34194.62 JAN2796 DV 102.98 34297.00 FEB2496 DV 103.27 34400.07 MAR25% 110.99 APR2096 DV 96.48 34608.34 MAY2596 DV 130.30 34738.64 JUN2496 112.08 34850.72 JUL2796 DV 123.70 34974.42 AUG2496 DV 105.31 35079.73 SEP2096 30079.73 5000.00 ty til F A hold for uncollected Lunde may W place, on funds depoaded Ey check or similar Instruments. This could delay your ao Wt to use such funds Tre delay. II any, would not exceed this Whdd of time permitted by law. d 41 a (DG--oj �(�(L& l�/�/�(�(�N��� {/ i r ti �.I Ln ❑ Ln 0 m m N b n m M i 4 00 0 Pto the orderof Coast Bi Church without recourse. Lfi n�T'dFT; +:GM f S. AYP BEl�W T}YS L8E F?"M!Wv tll1NY EIIOORSEME!T Y City of San Juan Cap' trano BY L .��� Cyn is L. Pendleton, City Treasurer i -41 { FOR .H "Ai. GJNCE•iKM� PYS �NSTAI.YEM f ... CON'ACT kr'•E•3e�•F�rP<rMENT SvaiEVS0.C. 9 i 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 Coast Bible Church, a non-profit Corporation, referred to as "Developer". WITNESSETH WHEREAS, City will issue Grading Permit No. 33854 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 26300 Via Escolar, San Juan Capistrano, commonly referred to as Coast Bible Church. 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 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 passbook savings account, 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 $33,350 for that work described in Exhibit "A". This security of $33,350 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". 0 Surety Agreement Coast Bible Church 26300 Via Fscolar Page 2 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. Attomey'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. Liabilb. 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. In witness whereof, the parties have executed this agreement as of �_ 1995 at San Juan Capistrano, California. 0 • Surety Agreement Coast Bible Church 26300 Via Escolar Developer COAST BIBLE CHURCH Chairman, Boafd of Deacons A ved as to Form: Y: Richard K. Denhalter �7 City Attorney 3 Q" ` =M1,.1il'll�l.�I Building Official Page 3 Surety Agreement Coast Bible Church 26300 Via Escolar EXHIBIT "A" 0 Page 4 Item 1: Construction of all on-site grading (cut, fill and slope stabilization) operations in accordance with Grading Permit No. 33854 and the Developer's plans and supporting documents as listed below: (A) Grading Plan for Coast Bible Church, dated 5/18/95, prepared by American Engineering Services, Steve B. Sherwood, RCE No. 42950. (B) Geotechnical Report for Coast Bible Church, dated 3/10/95, prepared by Bagahi Engineering, Ken Bagahi, No. G.E. 108. Item 2: Construction of all on-site improvements in accordance with Grading Permit No. 33854 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 Coast Bible Church as included in the above plans. Surety Agreement Coast Bible Church 26300 Via Escolar 0 0 EXHIBIT "B" SCHEDULE FOR COMPLETION OF IMPROVEMENTS Completion Date August 6, 1995 August 15, 1995 Task Rough Grade Certification Landscape Irrigation August 15, 1995 Landscape Planting Page 5 Surety Agreement Coast Bible Church 26300 Via Escolar 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. 33854. B. Grading operations shall commence within fourteen (14) calendar days after issuance of Grading Permit No. 33854. 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. 33854 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. 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 0 0 STATUTORY PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that Coast Bible Church, as Principal, hereinafter called CONTRACTOR, and United California Savings 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 thirty-three thousand three hundred fifty Dollars ($33,350) for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor is required to provide a faithful performance bond pursuant to the statutory requirements of the San Juan Capistrano Municipal Code to guarantee certain work, more particularly described as follows: Grading, Drainage and On -Site Improvements 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 IT 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, 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 obligations or this bond, and it does hereby waive notice of any such change, extension of time, alteration or modifications, or of the work to be performed thereunder. 0 0 Statutory Performance Bond Page 2 Coast Bible Church 26300 Via Escolar San Juan Capistrano, CA 92675 Executed this d9 `l � day of July; 1995, at San Juan Capistrano, California. ROVED AS TO ORM PRINCIP d C �5 B . Ai-c'hard K. Denhalter 7l� j/%, Jim Alexander City Attorney le: Chairman, Board of Deacons (NOTARIZATION AND SEAL) State of CALIFOR_WA County of V MADR3 r- On / before me, PHILIP J. HUGH (DATE) INnAMIMTLE OF OFFICER personally appeared 1 tvl 1 -i/ - z x At` ❑ personally known to me -OR- miGHES PHLP JU CGMM. f 1007164 k California wFGBulifty aN q,CamddmEsi7lffiti�7� 1 ISEAL) (NAMHS) OF SIGNER(S)' ATTENTION NOTARY p -roved to me on the basis of satisfactory evidence to be the person (4) whose name(4) Wow subscribed to the within instrument and acknowledged to me that he/sem executed the same In his/hsA*4ek authorized capacity(iC%), and that by his/ham signature(at on the instrument the person(ol, or the entity upon behalf of which the person( acted, executed tfirree instrument. my hand and official seal 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: RIGHT THUMBPRINT (Optional) CAP ITY CLAIMED BY SIGNERIS) NDIVIDUAL}S( ❑CORPORATE OFFICERISI 'TITLES) OPARTNERISI ❑LIMITED DGENERAL DATTORNEY IN FACT OTRUSTEEISI ❑GUARDIAN/CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: (Name of Peraonls) or Entityfiae) ej, � 1 CL'-*dD Co TZc4Xp C) uJ�'c RIGHT THUMBPRINT (Optional) CAPACITY CLAIMED BY SIGNERIS) OINDIVIDUALISI ❑CORPORATE OFFICER(S) rnTUSI DPARTNER(S) ❑LIMITED DGENERAL S��y ^ ❑ATTORNEY IN FACT RTitle or Type of Documem `L�tY'�LCKL z L2D ❑TRUSTEEISI D G U ARD IA N/CON SER VATOR Number of Pages 0Z Date of Documemaz Q 7kb N E-6 ❑OTHER: Signer(s) Other Than Named Above K1 c!`i AP -0 f� WOLCOTTS FORM 83240 Rev. 3-941price else$ 8 2A) 1994 WOLCOTTS FORMS, INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITYIREPRESENTATION/TWO FINGERPRINTS SIGNER IS REPRESENTING: (Name of Personls) or Entitylies) 7 IIIII�II77 I II I III 63240 0 18 1 UNITED CALIFORNIA MMOMM BANK DIVISION Of LINE I DATE WITHDRAWALS I INTEREST 6/29/95 33,400.00 33,4DO.00 ****OFFLINE TRNASACTION*** **FUNDS AVAILABLE 07/07/95*** A hold for uncoaectM funds may da placed on funds aepos ted by cnacM or mmilar,nSr.-- -s. This could delay your amhr to use such Wnds The delay, d ah y, would not exceed the pulled of time permitted by sx ACCOUNT# PRODUCT PREMIERE SAVINGS C0.248844-3 16 UNITED CALIFORNIA M✓l�tf` (293 BANK „ A DIVISION of C E N F E 0 BANK murrl cTr_n�emUFES REQBIRED FAIR wttD THIS CERTIFIES THAT **COAST BIBLE CHURCH** **AND THE CITY OF SAN JUAN CAPISTRANO** holds a savings It osA in United California Savings Bank, a division of CenFed Bank, subject to As charter and by- laws, the Rules arM Regulations for federal savings banks, and to the laws or the Unded States of America. Issuedthe 29 rya JUNE ,,e95 Un@edCalifornia Savings BanlF AUTHUNRDSGNATURENIAB 8BANK 24102 EI Toro Road Aglma cillo r �ti�CliiR719_n T—.. IMPORTANT INFORMATION REGARDING YOUR SAVINGS ACCOUNT The amount shown in the balance column is for the guidance of the account holder and is not to be taken as correct unless verified by comparison with the books of the Bank. In receiving items other than cash this Bank acts only as collecting agent, and all such Items are forwarded at account holders nsk. All items are credited subject to payment, and this Bank reserves the right to charge the account with any item not collected or paid. No withdrawals may be made by any person as a matter of right unless the passbook accompanies the order. When writing to the Bank always give the number of the account and present post office address in full. Notify the Bank promptly of any permanent change of address, loss of your passbook or the death of any person named on the account. This account is not transferable except on the books of the Bank. U-Svtoe4 MEMORANDUM TO: FROM SUBJECT: Dawn Schanderl, Deputy City Clerk Daniel W. McFarland, Building Official Department of Engineering & Building 0 MOM Grading Bond Reduction - Coast Bible Church September 9, 1996 This memo is to authorize reduction of the grading bond posted by Coast Bible Church in the amount c($33,35 o $5,000 for their project 300 Via Escolar, San Juan Capistrano. A City employee will hand carry the existing c ificate oro sit to an officer of the issuing bank and surrender it in exchange for a replacement ce i icateposit. Please advise me when the present certificate of deposit is available for replacement. DWMfst �---i 33j 400 P /f)rrom the desk of/ //ary. c 4P aub r 1188 14 44 -B 't/j �)-t 0.,w a o c. ace., J � -tz -- MEMORANDUM TO: FROM: DATE: SUBJECT: 0 Cheryl Johnson, City Clerk Dawn M. Schanderl, Deputy City Clerk July 17, 1995 Premiere Savings Account No. 0-248844-3 (Coast Bible Church) Please put the attached Premiere Savings Account passbook No. 0-248844-3, drawn by United California Savings Bank, in the amount of $33,400, into the safety deposit box. The passbook is being held per agreement with the City of San Juan Capistrano and Coast Bible Church. Said agreement is for improvements to property located at 26300 Via Escolar, San Juan Capistrano. TO: FROM: DATE: SUBJECT: 0 Cheryl Johnson, City Clerk Dawn M. Schanderl, Deputy City Clerk July 17, 1995 0 Premiere Savings Account No. 0-248844-3 (Coast Bible Church) Please put the attached Premiere Savings Account passbook No. 0-248844-3, drawn by United California Savings Bank, in the amount of $33,400, into the safety deposit box. The passbook is being held per agreement with the City of San Juan Capistrano and Coast Bible Church. Said agreement is for improvements to property located at 26300 Via Escolar, San Juan Capistrano.