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1991-0226_MOROCS / KAMAL /CVENGROS_Surety AgreementLl February 9, 1994 ✓(�✓J.�/ Ilu lllunl IifIIt's.I, 1961 1776 Mr. William Cvengros 31975 Peppertree Bend San Juan Capistrano, CA 92675 Re: Release of Certificate of Deposit Dear Mr. Cvengros: MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL GARY L. HAUSDORFER GIL JONES CAROLYN NASH JEFF VASQUEZ CRY MANAGER GEORGE SCARBOROUGH Attached is your Certificate of Deposit No. 43251, issued by First Interstate Bank, in the amount of $8,975.00. Said Certificate of Deposit was given to the City as security for drainage issues remaining from the construction of the residence located at 31975 Peppertree Bend, San Juan Capistrano. 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, Ltlw w24 . Dawn M. Schanderl Deputy City Clerk Attachment cc: Daniel W. McFarland, Building & Safety Manager First Interstate Bank This is to acknowledge that I have received the Certificate of Deposit No. 43251 issued by First Interstate Bank in the amount of $8,975.00. William Cvengros Dated this 22�k— day of February, 1994. 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 .4 Ll 0 MEMORANDUM February 7, 1994 TO: Dawn Schanderl, Deputy City Clerk FROM: Daniel W. McFarland, Building & Safety Manager Department of Engineering and Building r SUBJECT: Bond Release for William Cvengros Private Driveway, 31975 Peppertree Bend This memo serves as authorization to release the referenced bond, Certificate of Deposit No. 43251, drawn from First Interstate Bank, in the amount of $8,975. The original bond of $29,000 was posted to guarantee the completion of a driveway serving Lots 27 & 28 of Tract 10593, and later reduced to $8,975 to provide for an acceptable solution to the drainage issues remaining from the construction of the residence at 31975 Peppertree Bend. The attached correspondence shows a solution to the remaining issues has been achieved and a complete release of the bond is indicated. D M/st Attachment cc: Building File jt e� 007- wort- 0Twort- bcK. dMS L 91' 6' SOY '� �rrx W CA m G Frederic Z. Samelian 31931 Peppertree Bend San Juan Capistrano, CA 92675 FEB 7 1994 January 10, 1994 Mr. Daniel McFarland, Manager Building & Safety Division City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Dear Mr. McFarland: This letter pertains to the drainage issue related to the Cvengros property above us on Peppertree Bend. I met with Mr. Cvengros on his property to review the situation in the latter part of 1993. It appears that the problems experienced during the heavy rains of the 199211993 winter seasons may be under control due to plantings on the slopes causing better stability of the surface soils. If any problems of a similar nature arise again, Mr. Cvengros assured me that he would be responsible for any damage to our property resulting from runoff or drainage from his property to mine. He will also be responsible for any further steps necessary to mitigate the existing conditions should the problems experienced in 1993 occur again. By copy of this letter to Mr. Cvengros, unless you and I hear from him to the contrary, you may consider this matter resolved as described above. Si cerely,/ Frederic Z. Sam ian cc: Bill Cvengros 0 k p 4 � � � � � CZ 2 � ■ / � � L M, e .2 k � )ƒ�\\ § +!o �{ `J«+(,« 41 \CO 2! {� / §$/{)$I j�� 2 \/ .a;.■i;`J» 0Z) ( 41 }\ � e« ƒ E|} }m |!{ «2i{ ,o !k } '}!!; § e )ƒ�\\ § +!o { `J«+(,« 41 !) $ i 2! §$/{)$I .a;.■i;`J» _ ƒ E|} }m z C9 e Pay to the order of William Cvengros without recon i. City of San Juan lj�� istrano By � Chia Pendleton, City Troasurer �ff MEMORANDUM TO: Cheryl Johnson, City Clerk FROM: Dawn M. Schanderl, Deputy City Clerk DATE: June 15, 1993 SUBJECT: Certificate of Deposit No. 43251 Please put the following Time Certificate of Deposit into the safety deposit box: Mr. William Cvengros - Surety Agreement Time Certificate of Deposit No. 43251, drawn from First Interstate Bank in the amount of $8,975.00 Thank you. cc: Daniel McFarland, Building & Safety Manager FirstInterstate Bank • N2 43251 Find Interstate Bank Time Certificate of Deposit �JMlCY TI int �'JVUU..+�.. . •-••. .:.• It.. _ Newport Newport Center oFFlce fi=t CALIFORNIA Jtme 9, 1993 William w*****inF****************iF*iY****it*********************** S.f)EPOSRED IN THIS BANK nine $ **8,975.00** KfB{U2 Or ban JUM ISTXZUJO Principal pegeble to : or order, upon presentation and surrender -.Of this certificate, properly endorsed, at the office of issue. This deposit bears interest at the rate of 3.0 101 11, , .,.,:,0011;.,,., The Cit o£ San Juan Capistrano per annum tf left upondeposit+unhl maturity. Interest payable to depositor and not to Y subject to 4hp_pank's, e� change the interest rate upon written notice to depositor. The maturity of this certificate is June -9, 1994 r from datekr�'il w�ASieJ�tddiliaTioaly renewed for a similar period unless within (10) ten days after a maturity date the owner presents it for redemption. - =irAr Not subject to chaok/Nottransferable Substantial Interest pertalty�nsquired for easy withdrawal. 1U-2070 e -ate, -.s{{4(:. AUT110aIZEO 6IGNRTURE H N Fj June 7, 1993 uunm,e 1961 1776 Mr. William Cvengros 31975 Peppertree Bend San Juan Capistrano, CA 92675 Re: Surety Bond Reduction Dear Mr. William Cvengros: MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL GARY L. HAUSOORFER GIL JONES CAROLYN NASH JEFFVASOUEZ CITY MANAGER GEORGE SCARBOROUGH Daniel McFarland, Building & Safety Manager, has authorized reduction of the Certificate of Deposit from First Interstate Bank, Certificate No. 26668, dated February 26, 1991 from $29,000 to $8,975. This surety was posted to guarantee the completion of a driveway serving Lots 27 & 28, of Tract 10593. Certificate of Deposit No. 26668 in the amount of $29,000 will be returned to you in exchange for a Certificate of Deposit in the amount of $8,975 to be retained by the City of San Juan Capistrano until authorized for release by the Building Official. If you have any questions, please do not hesitate to call. Very truly yours, Dawn M. Schanderl Deputy City Clerk Attachment cc: Daniel McFarland, Building & Safety Manager First Interstate Bank This is to acknowledge that I have received Certificate of Deposit No. 26668 issued by First Interstate Bank in the amount of $29,000 and submitted to the City of San Juan Capistrano a surety in the amount of $8,975 for completion of drainage issues L��William Cvengros Dated this day of June, 1993 32400 PASEO ADELANTO. SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 4931171 MEMORANDUM TO: City Clerk FROM: Daniel W. McFarland, Building & Safety Manager Department of Engineering and Building SUBJECT: Reduction of Surety Bond for William Cvengros Private Driveway, 31975 Peppertree Bend June 2, 1993 This memorandum is to serve as authorization to reduce the Surety Bond posted by Mr. William Cvengros in the form of a Certificate of Deposit from First Interstate Bank, Certificate No. 26668, dated February 26, 1991 from $29,000 to $8,975. The surety was posted to guarantee the completion of a driveway serving Lots 27 & 28 of Tract 10593. The remaining $8,975 is posted to provide for an acceptable solution to the drainage issues that remain from the construction of the residence at 31975 Peppertree Bend. The retained funds must remain in place until released by the Building Official. The original Certificate of Deposit should be returned to Mr. Cvengros upon the submittal of a new Certificate of Deposit for $8,975. A copy of the Surety Agreement and the original Certificate of Deposit is attached for your information. If you have any questions, please contact me. DM/st Attachment 9 PETER C. MCMAHON ATTORNEY AT LAW 401 GLENNEYRE STREET, SUITE E LAGUNA BEACH, CALIFORNIA 92651 1114) 494-978S May 27, 1993 CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Dan McFarland, Building Department Re: Cvengros residence: 31975 Peppertree Bend San Juan Capistrano, CA Dear Mr. McFarland: JUN 1993 Pursuant to your suggestion, I enclosed a Cost Estimate from Toal Engineering. As you can see, Ray Toal estimates the total construction cost for a Vee Ditch with energy dissipation characteristics at $8,975.00. As we agreed, please reduce Mr. Cvengros' driveway improvement bond to $8,975.00 and release the balance, Thank you f your cooperation in this matter. Very TEAR C MC PCM:jj cc: William Cvengros SanJuan.1tr Tr:,4L ENCANEFRING C I': I!. r;'OP.;v�F• + ANO rl-/JiNL.^.S A.J, LARK B1.:RVCY'14S M V4041DA.NA1i1AAD SnN f_1YUNIE. CALIFORNIA 97672 I•HOhB (714) 493.8516 rAX 1714) 491-9675 o:; a -:.+. • n �:, 1, M :_ MAILING ADDRESS _ a „1 R( -g ;.•s� P.O. box 36n May 10, 1893 SrU'rLEMFNIE, CAI,IFURh'In v2574 7'S Cer..C,nt.trOp• Ap..nd �n :'.vrrt !_npistrarl?, C"a 92575 -. :1ec• : �r�,A lm'.l,:tr.y Cr�nS*ru��tion Cost r.stimatss Crai:lricj,:� Imprcvalnentr. in Natural Channel on Ve3ghbor_ng Property. purg+fent tG -oi.tr requevt we have prepared the following 41 Cnet Fstimrt-es and Pre.ltminary Plans for Drainage T, r+�•r •_: rq+s.,�}'rr t0 t.i1.A ndtural channel on your neighbors property vour eastrrl.y property line. T.Jj O tetnate designs arg included. The first included the iu• t,:-4%0on of An 1-8" pipf. whish would connect the pipe on yoc3r ^igrty tc ta- Fite -:rt the netghbors property. This design was i :) na1.l y i nt..^-ncloO i,y FIttrrsncker and Associates when they prepared rf�Ilah "s-Afltrn•I clans .tar your property (see Hunsacker letter ,;,,1 -•i ial.-Ch 24, 1 97) . The second alternative is for a vee ditch :+ith n„nYe4y dtssip• tion charactorie.tics. ,Nf_TFii>?lAJF t!0, 1 PIPE WI'T'H VFE DITCH ESTIMATEL, UNIT TEM ANTITY PRICES &MKI rs2A.D r Nfl wt._•_El.on JA' amg�actton 150 c.y. 7.50 $1750.00 1r-t-c+rr lC!0^..}•. 7.30 $ 750.00 anion f;tlbItdin 129 c.y_ 10.00 �120Q,_�jZ Total Grading $3700.00 1 0 0 L1:h y71 AC7 pJ >. i1 ����Y EI'iGhi �Tg 1W9 OMP 135 1. P. 35.00 $4725.00 S, ?';a^tura PRIgFt AMOUNT 1000.00 $1000.00 QF, ,a.:;a+-,ire ea. 1000.00 $1000.00 `a -a Dir^h 120 Z.I. 9.00 $1000.00 Rubdrain 120 1.f. 10.00 lump sum $ 500.00 Ar S ee• 150.00 4 150.01) Total Drainage $ 8,455.00 Total Construction Cost $12,155.00 At "TUil,MVE Nn. 2 oYlrN DRAIIIAGE E5TIMATED UNIT ('t PRIgFt AMOUNT •;PI�i,-,1 NG .s"O1r1�Actinn X50 c.y, 7.50 $1750.00 100 C.Y. 7.50 $ 750.00 Rubdrain 120 1.f. 10.00 991200 00 Total Grading $3700.00 0 0 iP yck.t have any questions regarding the above, please call us >. yot!r_ r.r.rr✓enience. PPF7 l.v!r v / truly your /Ikaymond R. Talal 3 15,00 $1875.00 t. 4r7h1r E=emdwaI 1 ea. 750.00 $ 750.00 ea. 1.000.00 $2000.00 i . f . lump sum $ 500.00 sa. lump sum�4 Total Drainage $5276.00 Total Conetxuction Coat $ 8,975.00 iP yck.t have any questions regarding the above, please call us >. yot!r_ r.r.rr✓enience. PPF7 l.v!r v / truly your /Ikaymond R. Talal 3 .EAST-� ,�..-.-•---`tags'": _ a •- *-_ HAVEMAS +.erg---- TNIS CERTIFIES THAT * * * * * * * ORDER DEPOSITED IN THIS BANK * * * * * * * * * OR E OF ISSUE THIS pEpp91T * *CITY OF SAN JUAN CAPISTRANO T PAYABLE TO DEPOSITOR. PRINCIPAL PAYABLE TO OF THIS CERTIFICATE. PROPERLY ENDORSED AT THE OFFICE %PER ANNUM IF LEFT UPON DEPOSIT UNTIL MATURITY. I� TERES UPON MATURITY AND PRESS OF A SU Lr N WRITTEN �TICE TO DEPOSITOf�_�....,au yV RENEWED FOR SIMILAR BEARS INTEREST AT THE RA T RATE UPC TO THE tANK'3 RIGHT TO CHANGE THE INTEREST FROM GATE AND R Y SUBJECT THE OWNER PRESENTS IT FOR THE MA' OF THIS CERTIFICATE IS AMA URITV DA PERIODS UNLESS WITHIN (7) SEVEN DAYS AFTER TO MATURrTY UNLESS SUBSTANTIAL INTEREST IS FORFEITED- uffomAy C "y w iu..W PAID AFMTWM 140T BE wrrHDRAWN PWDR 9ftWbjftrzftft Bank ares feew"M am* of GaYlamile N° 26668 Time Certificate of Deposit hc" ..•iyable tQ �.r112 VL VCfll J Vlfi� 4lLr V.]1LVfl�V "" - "" septation and wrrander of this nutirtraw, property endorsed. at do Woe of issue. This deposit bears Interact autos annum if left upon leposlt until maNrirty. Iriterest payableto dapo5tar and pat to ** jest to the bank's right to Mlange the interest raw upon wrdtari notice w depositor. The menslry ofthis o iim s (s_ i date and it will be autantatidtly renewed for a similar period unless wahin (10) can days atter a maturhy We th Subjecttotrect otty required 3tantlal interest penaay required for early withdrawal. � 26, 1991** D IN THIS SANK )00.00** Or OrdK, Uppl 5-5n****** % 9 it for redemption V.. Bank ofAnwriea Time Deposit Receipt BRANCH SIM QBVff 1]ATE 2/25/tJ1 PURcwlsep eY aEYAD W1S4F IUNpL* * * * * * * * * * * *�* ************************** RATE 5.75 YIELD•5.93 PAyABLg-r *CITY OF ,)IJIW rAPTgrp r* * * * * * * * * * * * S AMMINT9,406.00 TERM 90 LAYS _ ACQO(MT s 09571 001783 same terms) YOU reor on the osive contains the and conditions of this account. This time deposit will be reinvested automatically for the days for terms of eq de�Yys or less; ancalendar days for terms of 90 da or rrwreit or withdrawal made dunng the grace period. (The grace period is two business be the interest rate in effect On the date your funds are reinvested. Ys beginning on the maturdy deft.) The new interest rate will Interest compounded daily. Yield assumes deposit and interest remain in the aocourd for a year at the same interest rate. I IMPORTANT INFORMATION 0 January 13, 1993 Mr. Anton F. Morcos 31951 Peppertree Bend San Juan Capistrano, CA 92675 Re: Dear Mr. Marcos: Jwan • a • r mtel' mierrorano �Ir�rr 1961 1776 MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL GARY L. HAUSDORFER GIL JONES CAROLYN NASH JEFF VASQUEZ CITY MANAGER GEORGESCARBOROUGH i Attached is your Time Certificate of Deposit No. 146636 issued by the Security Pacific National Bank in the amount of $18,088.00. Said Time Certificate of Deposit was given to the City as security for grading of a private driveway on property located at 31951 Peppertree Bend, San Juan Capistrano (Tract 10593, Lots 27 & 28). Work has been completed to the satisfaction of the City of San Juan Capistrano and the Time Certificate of Deposit is hereby released. If you have any questions, please do not hesitate to call. Very truly yours, kwl7.41laJu, Dawn M. Schanderl Deputy City Clerk cc: Daniel W. McFarland, Building & Safety Manager Security Pacific National Bank, East Fullerton Office This is to acknowledge that I have received the Time Certificate of Deposit No. 146636 issued by Security Pacific National Bank in the amount of $18,088.00. �- Anton F. Morcos Dated this �Y day of January, 1993. 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493.1171 A903 6" 9MBO i* to p O w w m f a m > p 0 W 2 o o < * O K * r O r x C7CD w m m w 3 s * y < z w m CD { u O y a ¢ rO a y * � w * p K W - i� ¢ * rx- F * 5 < a N * 0 * a K S YW *Z�ozoj Q LL 'Ic is Jy O m Z ti m Q w< y * ** Q * a O W r< O O O w m Z*k 'K {c * a Z Z W a w o a k LL w *W 3 3 Z J z p o w IL * z a d w H V * ¢ F < o U < ¢ � a o� a W z y S ¢ scu 7 cu F w LL 0 z f ° w <� V W N w N o z z w N w E > z U55 <i O CW7 LL > rL W r < ¢ `" vi Ze Yi U * * S z a U < O O o r z F N > i W 6 PRE O 2 F ¢ dLo u F y Z r o i m N i Or <mo Ilsodea jo alaagilaaa 3NtIS A903 6" 9MBO 0 • MEMORANDUM TO: Cynthia Pendleton, Director of Administrative Services FROM: Dawn M. Schanderl, Deputy City Clerl; DATE: December 17, 1992 SUBJECT: On December 16, 1992, the City Clerk's Office received a memorandum from Daniel W. McFarland, Building & Safety Manager, to release the following Certificate of Deposit as all work has been completed to the satisfaction of the City: Certificate of Deposit No 146636 from Security Pacific National Bank in the amount of $18,088.00, held as security for the grading of a private driveway at 31951 Peppertree Bend, Tract 10593, Lots 27 & 28 and owned by Anton F. Morcos. Please release from the safety deposit box the above -referenced certificate. Thank you for your cooperation. cc: Daniel W. McFarland, Building & Safety Manager V &VAge �u2 �,� , & g- 3�0/5� aye,/y7y 31> CVen@ros • MEMORANDUM TO: Cynthia Pendleton, Director of Administrative Services FROM: Dawn M. Schanderl, Deputy City Clerk DATE: December 17, 1992 SUBJECT: of On December 16, 1992, the City Clerk's Office received a memorandum from Daniel W. McFarland, Building & Safety Manager, to release the following Certificate of Deposit as all work has been completed to the satisfaction of the City: Certificate of Deposit No 146636 from Security Pacific National Bank in the amount of $18,088.00, held as security for the grading of a private driveway at 31951 Peppertree Bend, Tract 10593, Lots 27 & 28 and owned by Anton F. Morcos. Please release from the safety deposit box the above -referenced certificate. Thank you for your cooperation. cc: Daniel W. McFarland, Building & Safety Manager 9 0 MEMORANDUM December 16, 1992 TO: Dawn Schanderl, Deputy City Clerk FROM: Daniel W. McFarland, Building & Safety Manager Department of Engineering and Building rn SUBJECT: Partial Bond Release for Anton F. Morcos Private Driveway, 31951 Peppertree Bend This memo serves as authorization to release that portion of the referenced bond posted by Anton F. Morcos in the form of a Certificate of Deposit with Security Pacific Bank in the amount of $18,088.00. This bond was posted for grading of a private driveway at 31951 Peppertree Bend, Tract 10593, Lots 27 & 28. The bonds posted by William Cvengros ($29,000.00) and Eyad Wassef Kamal ($9,408.00) as a part of this project are not to be released at this time. If you have any questions, please feel free to contact me. DM/st cc: Building File i SURETY AGREEMENT FOR GRADING AND ON-SITE IMPROVEMENTS THIS AGREEMENT is made by and between the CITY OF SAN JUAN CAPISTRANO, a municipal corporation, hereinafter referred to as the "City" and Anton F. Morocs, Eyad Kamal, and William Cvengros referred to as "Developer". WITNESSETH WHEREAS, City will issue Grading Permit No.21230-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 a private driveway Parcel 3 of PM 223/30-31, Lots 27 and 28 of Tract 10593 and Parcel 4 of PM 172/18-20. 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 1) letter of credit, 2) a bond by a duly authorized corporate surety, 3) 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 $56,367.50 for that work described in Exhibit "A". This security of $56,367.50 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 "C" 3. Completion of Improvements. To ensure the protection of the public safety, health and welfare, Developer shall construct the improvements described in Exhibit "A" and the conditions as set forth in Exhibit "C" shall be completed within six months. 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: 1. 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. In Witness Whereof, the parties have executed this agreement as of JOA? </f/ 1991 at San Juan Capistrano, California. By: F M ti '✓ Ahto6 F. Morcos, Principal By: Eyad Kamal, Pr ncipal By. Cvengr , Principal .TAA/y Approved as to Form: By: John Sha City Attorney City of San Juan Capistrano v.i•i;7m, Ma.11nimt! i U . " � irm 0 0 EXHIBIT "A" PRIVATE ACCESS ROAD ITEM 1: Construction of all on-site improvements in accordance with Grading Permit No. 21230-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. 9 9 EXHIBIT "B" 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. 21230-B B. Grading operations shall commence within fourteen (14) calendar days after issuance of Grading Permit No. 21230-B and no later than six months whichever comes first. 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. A sequence plan of grading operations shall be approved by the City prior to the issuance of any grading permit for this project. Any variation or deviation in the sequence of operations must be recommended, in writing, by the supervising civil and soils engineers and approved by the Building Official prior to performing any work related to the variation or deviation. D. Except as specified in (G) below, suspension in excess of twenty (20) working days of work authorized by Grading Permit No. 21230-B including erosion -control measures and landscaping and irrigation, shall constitute default of this agreement. E. 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. F. 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. G. Grading operations suspended during the rainy season shall be resumed no later than 30 days. • H. Developer shall provide approved on-site archaeological monitor during all phases of grading and foundation excavation. • I. Developer shall provide approved Native American monitor during all phases of grading and foundation excavation. .7. Developer shall provide approved Paleontologist to monitor all phases of grading and foundation excavation. K. All work shall be performed in strict observation of the Hours of Operation in accordance with San Juan Capistrano Municipal Code Section 8-107. L. Contractor shall adhere to conditions of haul route permit and encroachment permit issued by the City Engineer. M. Parking for construction crew is to be on site. PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That Anton F. Morcos, Eyad Kamal, and William Cvengros as Principals, hereinafter called CONTRACTOR and Security Pacific 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 $56,367.50 Dollars for payment whereof contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated February 26, 1991 entered into an agreement for grading and on-site improvements, Parcel 3 of PM 223/30-31, Lot 27 and 28 of Tract 10593 and Parcel 4 of PM 172/18-20 which contract is by reference made a part hereof. NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. BE IT FURTHER RESOLVED, that: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. NOT SUBJECT TO CHECK SECURITY PACIFIC NATIONAL BANK PAST Fill I FRTON OFFICE 146636 CCDnIIARY 20,1994— "'m THIS CERTIFIES THAT * * * * ANT(1N F MORCOS* * * * * * * * * * * * * * * * * * * * * HAVE/HAS *EIGHTEEN THOUSAND HTV * * * * * * *DOLLARS$ DEPOSITED IN THIS BANK E-� € IF,HT eT * * CITY OF SAN JUAN CAPISTRANO* * * * * * * * * * * * * * * * * OR ORDER k. o PRINCIPAL PAYABLE TO FO Y UPON MATURITY AND PRESENTATION AND SURRENDER OF THIS CERTIFICATE, PROPERLY ENDORSED, AT THE OFFICE OF ISSUE. THIS DEPOSIT F� BEARS INTEREST AT THE RATE OF 5.50 %PER ANNUM IF LEFT UPON DEPOSIT UNTIL MATURITY. li-TEREST PAYABLE TO DEPOSITOR. .M SUBJECT TO THE BANK'S RIGHT TO CHANGE THE INTEREST RATE UPON WRITTEN NOTICE TO DEPOSITO o THE MATURITY OF THIS CERTIFICATE IS FROM DATE AND IT WILL A TDMA LLY RENEWED FOR SIMILAR U PERIODS UNLESS WITHIN p) SEVEN DAYS AFTER A MATURITY DATE THE OWNER PRESENTS IT FOR M ION. T Y NOT BE WITHDRAWN PRIOR TO MATURITY UNLESS SUBSTANTIAL INTEREST IS FORFEITED. AUTOMATICALLY RENEWABLE UPON THE CONDITIONS STATED INDUR 1. NO INTEREST PAID AFTER MATURITYA % I ED SIGNATURE DATE IF NOT RENEWED. Bank of America Time Deposit Receipt BRANCH SM CSE No. 957 DATE 20/91 PURCHASED BY *EYAD WLSE KNK* * * * * * * * * * * * * * * * * RATE 5.75%YIELD-5.92% ************************** $AMOUNT 9,406.00 PAYABLE TO *CITY CF,§M JUAN CAPISTRN& * * * * * * * * * * * TERM 90 DAYS � � . � , _ / ACCOUNT x 09571 — 01783 TheLpublication(s) you receive contains theAIiiimna and conditions of this account. This time deposit will be reinvested automatically for the same term upon maturity or on the effective ate of a deposit or withdrawal made during the grace period. (The grace period is two business days for terms of 89 days or less; ten calendar days for terms of 90 days or more beginning on the maturity date.) The new interest rate will be the interest rate in effect on the date your funds are reinvested. ' Interest compounded daily. Yield assumes deposit and interest remain in the account for a year at the same interest rate. IMPORTANT INFORMATION If you withdraw all or part of your deposit before it matures a substantial interest penalty will be imposed. A personal time deposit evidenced by this receipt is NOT TRANSFERABLE EXCEPT IN ACCORDANCE WITH THE RULES AND REGULATIONS OF THE FEDERAL RESERVE BOARD. R-162 5-89 NOT NEGOTIABLE Bank of Amaf¢a NTBSA • Member FDIC MEMORANDUM TO: David P. Bentz, Director of Administrative Services FROM: Dawn M. Schanderl, Records Coordinator DATE: March 4, 1991 SUBJECT: Time Certificates of Deposit - Surety Agreement Morocs Kamal Cvengros On February 28, 1991, the City Clerk's Office received from the Building Services Division the following Certificates of Deposit to be placed in the safety deposit box: Certificate No. Name Amount 146636 Anton F. Morcos $18,088.00 957 Eyad Wassef Kamal $9,408.00 38691 William Cvengros $31,000.00 nOT PpihT O TF{is Projc e av+D dei 26668 William Cvengros $29,000.00 Vee�CCtW6 p rectyF- V Mew meSbo Iq i . �oieat- FMY8 -J23 The above Time Certificates of Deposit have been submitted as required per Surety Y, ?A3 77 Agreement between Anton Morocs, Eyad Kamal, William Cvengros and the City of San Juan Capistrano dated February 26, 1991. The agreement pertains to grading and on-site improvements for Parcel 3 of PM 223/30-31, Lots 27 and 28 of Tract 10593 and Parcel 4 of PM 172/18-20. Please put attached certificates into the safety deposit box. Thank you for your cooperation. cc: Daniel W. McFarland, Building & Safety Manager L Performance Bond Page 2 r� U Executed this ,Z - z 6 - 9f day of February, 1991 at San Juan Capistrano, California. PRINCIPAL /A NOTARIZATION AND SEAL PRINCTAL NOTARIZATIPN AND SEAL PRINCIPAL geZ(�tn ��1 NOTARIZATION WND SEAL APPROVED AS TO FORM John R. Shaw, Ci Attorney SURETY NOTARIZATION AND SEAL No. 201 State of- A- 4 po ly r A ll On this the 26day of Akec� 191L, before me, County of rSrLhN� 1SS. CHefL'4, /-9-ArSOA) the undersigned Notary Public, personally appeared %INirQry r. ,fi/ o�2GoS personally known to me OFFICIAL SEAL CHERYL A. JC)tONSQN 2<roved to me on the basis of satisfactory evidence m NOTARY PUBLIC - CALIFORNIA to be the person(s�whose name(s� Y S subscribed to the ORANGE CWNTY within instrument, and acknowledged that fid executed it. My comm. expires D'G 13, 79S3 WITNESS /,my_hand and official seal. o Notary's Signature' V ATTItNTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachments of this certr to to another document. Title or Type of DOCUmentI3 rlr Y-5 J ore I .fleiv✓N �/ THIS CERTIFICATE T-—�- MUST BE ATTACHED Number of Pages Date of Document v117 TO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Above%� D �L/4M�'L W ✓QAN CV �Nf� ✓L4$ 7120019 NATIONAL NOTARY ASSOCIATION • 9236 Remmet Ave. • PO. Bax ]184 • Canoga Pah,, CA 913041184 State of L-�F.-t <=F'tZN r A l On this theL� day of r�r" L 19ql', before me, }SS. eH�G A - .7or/NSb IN)County of _ <iYLA ►aC,, �J OFFICIAL SEAL CHERYL A. JOHNSON Ia NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY My Comm. Mires DEC 13, 1993 the undersigned Notary Public, personally appeared ,f4,4L ❑ personally known tome p-ry ved to me on the basis of satisfactory evidence to be the persons) whose name(*- 4-5 subscribed to the within instrument, and acknowledged that executed it. WITNESS my hand and official seta/l. / l Jn n -/ d 4 N0. 201 ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another do ument Title or Type of Document "�"1 ill s�-9 �t.4ii.e. 1�-H �^'sr'�yYI-t YAtithC.Qi THIS CERTIFICATE 2 '~'-2/4 Z u/ p MUST BE ATTACHED Number of Pages Q Date of Document TO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Above 4N70,V 41,DrLGc1 ^� J -0/4N Cr41 ri NG/ZOS 71M019 NATIONAL NOTARY ASSOCIA➢ON • 8236 Remmet Ave. • PO. Box 7184 • Canoga Park, G 913947184 NO 201 State of U� �! /FxJ �C.N / /�± 1 On this the A day of / �!'c.CLr� 1g� before me, County of Lo moi} P-� (i' �. ' 1 SS. TOA IJ C lJ E AJ C l20 S the undersigned Notary Public, personally appeared c/Venoo�-ye— A `JONNSa .J ❑ personally known to me OFFICIAL SEAL droved to me on the basis of satisfactory evidence CHERYL A. JOHNSON to be the person(!, whose name(§{ /S subscribed to the NOTARY PUBLIC - CALIFORNIA ORANGE C=TY within instrument, and acknowledged that S �� executed it. My comm ecpires DEC 13, 1833 WITNESS my hand and official seal. a 11- - Notary's Signatu ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document, Title or Type of Document �L4 n.? 4+t" ( �9rt �ri 'Art /�Y-FOrIXA'n `� THIS CERTIRCATE U b MUST BE AITACHED Number of Pages D Date of Document �N+�`l / TO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Above A AJC 1 !a'f o✓LC-o9 -'-�/G/� A4 /-ALL 7120019 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave. • PO� Box 1184 • Canoga Park, CA 913041184 aFbW bthstas Bank ## N° 26668 First Interstate Bank of California Time certificate of Deposit ** OFFICE * **FEBRUARY 26, 1991** **WILLIAM CVENGROS******************************************* HAS DEPOSITED IN THIS BANK THE SUM OF � —. '-'�r-�t`"G`ti3>�.:E )�, •i1.fT?\C !, ):`: .. DOLLARS $**29.000.00** Principal payable to CITY OF SAN JUAN CAPOSTRANO****x***********##********* presentation and surrender of this certificate, properly, endorsed, at the office of issue. * is deposit beam Interest at the rate of * * *. per annum it left upon deposit until maturity. Interest payable to depositor and not to subject to the bank's right to change the interest rate upon written notice to depositor. The matur'aty of this cerUfic e' MARC from date and it will be automatically renewed for a similar Period unless within (1 0) ten days after a matuM date ese Not subject to check/Not transferable Substantial interest penalty required for early withdrawal. TD -201 sa+ eneaanen _or order, upon ###### _% it for redemption. #esstafe Dank Rrot b twWWO BBN* Of COMMIS t. drat OFFICE **NEWPORT Time Certificate of Depcs- :�'tuv:�:o,S>tf:x ..� •. •s > T E l \ r2{} ';� i 'JQ[ShRS $ t # cA T} M: bAN -ATAN A34STRANO**yeitxle#ais*# t**i ,*#* s+its First interstate Bank C-�dTER OFFICE F'A'X ATT9 AT_ PAGES TO FOLLOSS,j RECEIVH ALI. "TEF.5E CALL. 4ii_.9870 X A .•• CD:Ifcr. m� Scx 2560 New{wrt 5ea<r,, CA 714 640-9870