11-0215_AITKEN, DARREN, & LAURIE_Memo from PWMEMORANDUM January 17, 2012
TO: Accounts Payable, Admin Services
FROM: Nasser Abbaszadeh, Public Works Director /V/_)-'
SUBJECT: Grading Bond Release -27906 Golden Ridge Lane—Aitken Residence
This memorandum is to authorize the release of the grading bond posted in the amount of
$42,305.00 for 27906 Golden Ridge Lane. The grading and on-site improvements that were
secured by the bond have been completed to the satisfaction of the City.
The personal check was posted as the security. A copy of the Surety Agreement, receipt
#20488, and dated 03/08/2011 is attached for your information. Thanks for your assistance.
Attachment
cc: Maria Moms, City Clerk
Com✓
GRADING 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 Darren or Laurie Aitken,
owner, referred to as "Developer".
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WITNESSETH CO
WHEREAS, City will issue Grading Permit No B10-0454 to Developer to construct
certain designated improvements which constitute a portion of that real property -at the
location of Tract 11753, lot 8, commonly referred to as 27906 Golden Ridge Lane..
WHEREAS, San Juan Capistrano Municipal Codes Section 8-2.08 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
including the construction of drainage and protection devices and any othercorrective work
to remove and eliminate engineering and geological hazards.
WHEREAS, San Juan Capistrano Municipal Code' Section 8-2.09 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. Develoyer"_s_Imnrovements Obligations. Developer shall, at its sole cost and
expense, provide and furnish all labor, materials and equipment for the construction of
grading improvements as approved by the City Engineer. The grading permit and plans,
which describe all the work to be constructed per this agreement, are on file in the office of
the City's Building Official.
as blankets, fiber matrices, catch basin filters, or other erosion
resistant soil coverings or treatments to satisfaction of the Director of
Engineering and Building.
6. AttomeVs Fees. Developer agrees to pay City such sum as the court may
judge 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. Developers 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
.2001
Approved as to Form:
By: Nasser Abba zadeh, Public Works Director
EXHIBIT "B"
CONDITIONS FOR COMPLETION OF IMPROVEMENTS
1. The grading for this project shall be in strict conformance with the grading plans as
well as the San Juan Capistrano Municipal Code.
2.. Grading operations shall commence within fourteen (14) calendar days after
issuance of Grading Permit.
Winter grading will be conducted in strict accordance with the dynamic erosion and
silt control plan submitted by the Developer, and approved by the City. This erosion
and silt control plan reflects erosion and silt 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 and silt control plans reflecting current
conditions of grading shall be submitted within ten (10) days of cessation of work.
These plans shall:-
1.
hall:
1. Identify all pollutant sources including sources of sediment that may affect
the quality of storm water discharges associated with the construction
activity.
2. Include the erosion and sediment control planting and hydroseeding to
Insure a uniform vegetative cover or equivalent stabilization measures which.
include the use of such Best Management Practices as blankets, fiber
matrices, catch basin filters or other erosion resistant soil covering or
treatments to the satisfaction of the City Engineer.
3. -Suspension in excess -of twenty (20) working days of work authorized by approved
grading plans and grading permit for subject property, including erosion and
sediment control measures and landscaping and irrigation, shall constitute default of
this agreement.
4. 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, shall be
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CML CODE § 1189
State of California
County of A /U G r—
On 2- 4 ( before me, �S-rzy ,,)
DWA Here ROM Name and TIM Of Uhe
personally appeared
STEVEN R. BRCI YN
�flonOMMihiai1842615
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r
W lbw E7�E. WR 29, 201 L1W.
Place Natn seal Afore
OPT!
who proved to me on the basis of satisfactory.
evidence to be the persona) whose name(e) is/aie
subscribed to the within Instrument and acknowledged
to me that he/ekAh" executed the same in
hisrhan *ir authorized. capacity(ies), and that by
his/hsr/tkieW signature(* on the instrument the
person(s), or the entity upon behalf of which the
person(e) acted, executed the instrument.
1 certify under PENALTY OF PERJURY under the
laws of the State of Cal'rfomia that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature:
L ature
signof Nary Pubr�c
ONA
Though the information below Is not required by taw, It may prove valuable to persons m4ft on the document
and could prevent fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document: C, M A(h a G Suez Eu A G R r -r.4
Document Date:
Signer(s) Other than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
❑ Partner— ❑ Limited ❑ GeneralTop of thumb hens
--0--Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
❑ Corporatb Officer — Title(s):
❑ Individual
❑ Partner — ❑ Umited ❑'General Top of thumb here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02010 National Notary Aawdadm • Na*MWNotary.OM • 14NO-US NOTARY (1.800-8784wn — — --- _.� ROM 06807
CITY OF SAN JUAN CAPISTRANO
32400 Paseo Adelanto
SAN JUAN CAPISTRANO, CA 92675
!9491493-1171
Paid By DARREN AITKEN Contractor MCLAUGHLIN LANDSCAPE
28142 CAMINO CAPISTRANO
LAGUNA NIGUEL CA 92677
Permit Number
B10-0454
Receipt Number
20488
Paid Date
3/8/2011
Check No
1093
Payment Method
CHECK
ADMINISTRATIVE FEE
GRADING REFUNDABLE DEPOSI
ON SITE IMPROVEMENT PERMIT
PERMIT ISSUANCE FEES
PLANNING PC FEES
Site Address
27906 GOLDEN RIDGE LN
Description
Grading & OS Improvements
Fees
90-00000-23302-00000-238
01-00000-44222-00000-000
FEE TOTAL $43,305.00
$454.71
$42,305.00
$460.56
$26.33
$58.40
DARR'EN Q'. AITKEN
3 IMPERIAL PROMENADE STE 800
SANTA. ANA, CA 92707
Pay to the '
Order of f
Menitkld, VA 22115
For
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COMF3LETE
Rateiz`(� GL -7357/5&{1
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MEIJI
DARREN Q. AITKEN
LAURIE M. AITKEN 4040
279W GOLDEN RIDGE L14 �
SAN JUAN CAPISTRANO, CA 92675-5422 � � 16�61IISo
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Bank ofAmerica '"�
South coat Financial
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Gae4t Aicxsa CA
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