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
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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
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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
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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
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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
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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