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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". PY 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 �) 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 E `RADE Q 3 COMF3LETE Rateiz`(� GL -7357/5&{1 01 f' r MEIJI DARREN Q. AITKEN LAURIE M. AITKEN 4040 279W GOLDEN RIDGE L14 � SAN JUAN CAPISTRANO, CA 92675-5422 � � 16�61IISo /-l—1 Bank ofAmerica '"� South coat Financial G7S M loa IlI" Gae4t Aicxsa CA 719.973.H1+�� 694 NLA0 1CrisG'i'i;V irlre .. =1981 —