1990-0205_GULUGIAN, JOHN_Agreementtt', - HarborAnk
Harry H. Hastain
Firs! Vice Preldmt
April 1, 1991
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, California 92675
Attn: Stephen B. Julian, City Manager
Amendment to Irrevocable Letter of Credit No. 299
For the Account of John Gulugian
Amendment No. 3
0
Our Irrevocable Letter of Credit No. 299 dated January 4, 1990
is hereby amended as follows:
1. Extend the expiration date to April 1, 1992
All other conditions and terms remain unchanged.
This Amendment No. 3 becames an integral part of the original
Letter of Credit.
Harry H. Hastain
First Vice President
ADMINISTRATIVE' OFFICE
Il GOLDEN SHORE
EO. BOX 2040
LONG BEACH, CA 90801
(213) 491-1111
(714) 898-9723
Kv Harb(fBank
Hang H. HasWn
First Vice Presidemt
October 1, 1990
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, California 92675
Attn: Stephen B. Julian,City Manager
Amendment to Irrevocable Letter of Credit No. 299
For the Account of John Gulugian
Amendment No. 2
(OCC, 3C
Glr''zJ
�102u�et,67, �or�
Our Irrevocable Letter of Credit No. 299 dated January 4, 1990
is hereby amended as follows:
1. Extend expiration date to April 1, 1991
All other conditions and terns remain unchanged.
This Amendment No. 2 becomes an integral part of the original
Letter of Credit.
Harry H. Hastain
First Vice President
ADMINISTRATIVE OFFICE
11 GOLDEN SHORE
PO. BOX 2040
LONG BEACH, CA 90801
(213) 491-1111
(714) 898-9723
0 CT 2 aj 1990
It HarbABank
Dallas E. Haun
Executne Cue President
July 3, 1990
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, California 92675
Attn: Stephen B. Julian, City Manager
Amendment to Irrevocable Letter of Credit No. 299
For the Account of John Gulugian
Amendment No, 1
Our Irrevocable Letter of Credit No. 299 dated January 4, 1990
is hereby amended as follows:
1. Extend expiration date to October 1, 1990
All other conditions and terms remain unchanged.
This Agendment No. 1 becomes an integral part of the original
Letter bf Credit. ,/
L)allas E. Haun
Executive Vice President
ADMINISTRATIVE OFFICE
ll GOLDEN SHORE
PO. BOX 2040
LONG BF_ACH CA 90801
(213) 491-1111
(714) 898-9713
01
Ar' - HENT WITH_CITY RE HOMEBUYER INSTALLATION OF �MY
III is Agreement with City re homebuyer Installation of Driveway (the "Agreement") is entered into this J
day of •, 1964 between the City of San Juan Capistrano (the City")
and -To ff-N�j l -o (4d -_ .. (the "homehuyer") with to for once to the following farts:
A. FN Projects, Inc. (thr "Developer") is currently building a community of single family homes commonly
known as "The Acreage Above Capistrano" in the City of San Juan Capistrano.
B. The homebuyer has entered into an agreement to purchase a home in The Acreage Above Capistrano located
at ,16&1 Ae. aat 9) (the "Home").
C. The Homebuyer would prefer to install his or her own driveway in connection with the individual
landscaping plan utilized by the Hemebuyer to landscape the yard of the Home.
D. In order for the City to issue a Certificate of Occupancy for tire Home without the driveway installed,
the City is requiring that the Homebuyer provide the City with a cash deposit or letter of credit to assure the
City that concrete and/or masonry driveways will be installed at the Home within four months from the date of
issuance of the Certificate of Occupancy for the Home.
NOW, THEREFORE, the parties hereto agree as follows:
1. Deposit. The Homebuyer agreesto deposit with the City, concurrently With the Nomebuyer's execution and
delivery of this Agreement, the sum of S_Z0,L 0 00.404 in the form of cash or, if the homebuyer so elects, a
letter of credit of such amount from a major money -center bank, in favor of City and in a form acceptable to the
City. The City shall hold the cash or letter of credit in accordance with the provisions of this Agreement.
2. Agreement to Install Driveways. The Homebuyer hereby covenants and agrees to install or cause to be
installed, within four months from the date that a Certificate of Occupancy for the Home is issued, all concrete
and/or masonry driveways at the Home which FN Projects has not installed as of the date hereof.
3. Issuance of Certificate of Occupancy. The City agrees that, upon its receipt of this executed Agreement,
its receipt of the above described funds or letter of credit, and satisfaction of all other conditions to the
issuance of a Certificate of Occupancy, it shall issue a Certificate of Occupancy for the Home.
4. Default. In the event that the Homebuyer fails to complete the construction and installation of all
driveways at the Home as required hereby within four months of the date of the Certificate of Occupancy, the City,
following 10 days notice to the Homeowner, shall have the right to utilize the funds which it holds pursuant to
Section 1 above or draw upon the letter of credit which it holds pursuant to Section 1 above and complete and/or
instaLl or cause to be completed and/or installed at the Homebuyer's sole expense, all driveways at the Home which
are not then complete. The quality and materials of such driveways shall be of the same quality and materials as
the standard driveway proposed to be installed or as the City deems reasonable.
5. Release of Funds to Homebuyer. Upon the Homebuyerfs satisfaction of the conditions set forth in
paragraph 2 of this Agreement, the City shall return to the Homebuyer the funds or letter of credit which are held
by the City and shall send a letter to Saddleback Escrow Company stating that a driveway meeting City standards
has been installed at the Home.
6. Inspection. The City, on its own volition or at the request of the Homebuyer, shall inspect the Home to
determine Whether all driveways required to be installed by the Homebuyer have been fully and properly installed.
Following such inspection, the City shall either take the action described in Section 4 or 5 above or take
whatever other action that the City deems reasonable which is consistent with such Sections.
7. Notices. All notices required or desired to be given under this Agreement shall be given by registered
or certified mail at the following address:
The City:
City of San Juan Capistrano
32400 Pasco Aflelanto
San Juan Capistrano, CA 92675
Homebuyer: -Zh'N &47ndf�j¢/y
37/ 41VIfe-65
Escrow:
Saddleback Escrow Company
5010 Campus Drive
Newport Beach, CA 92660
IN WITNESS WHEREOF, the parties agree that the To
"HOMEBUYER" -
CITY OF SAN JUAN ISI RANO
By:_—
John R. Shaw, City Attornr-y
SJ3DRIVE
CITY or SAN JUAN CArTSTPANn
Elaine R. Martinez, Building Offiri at
•
MEMORANDUM March 12, 1993
TO: Dawn Schanderl, Deputy City Clerk
FROM: Daniel W. McFarland, Building & Safety Manager
Department of Engineering and Building 0
SUBJECT: Bond Release for Gulugians, 26911 Windsor Drive Driveway Bond
This memo serves as authorization to release the referenced bond, Letter of Credit
No. 299 issued by Harbor Bank in the amount of $10,000.00 for the installation of a
driveway at 26911 Windsor Drive. All work covered by this bond has been completed to
the satisfaction of the Building Division.
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March 16, 1993
Mr. Gulugian
26911 Windsor Drive
San Juan Capistrano, CA 92675
Re: Release of Letter of Credit No. 299 -
Dear Mr. Gulugian:
MEMBERS OF THE CITY COUNCIL
COLLENE CAMPBELL
GARYL.HAUSOORFER
GIL JONES
CAROLYN NASH
JEFF VASQUEZ
CITY MANAGER
GEORGE SCARBOROUGH
Attached is your Letter of Credit No. 299, issued by Harbor Bank, in the amount of
$10,000.00. Said Letter of Credit was given to the City as security for the installation of
a driveway on property located at 26911 Windsor Drive, San Juan Capistrano (Tract
10103, Lot 9). Work has been completed to the satisfaction of the City of San Juan
Capistrano and the Letter of Credit is hereby released effective March 12, 1993.
If you have any questions, please do not hesitate to call.
Very truly yours,
Dawn M. Schanderl
Deputy City Clerk
Attachments: Original Letter of Credit dated January 4, 1990, stating specifics
Last extension of said Letter of Credit dated April 1, 1992
cc: Daniel W. McFarland, Building & Safety Manager
Harbor Bank
This is to acknowledge that I have received the Letter of Credit No. 299 issued by Harbor
Bank in the amount of $10,000.00.
n Gul ian
Dated this � day of March, 1993.
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171
R Harb* Sat k
Harry H. HastWn
Fiml Vice Pmside l
April 1, 1992
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, California 92675
•
RECEIVED
Mar 15 8 02"'92
NT" CLERK
L P R7 MENT
f Vii• ^,c '.'-S
Amendment to Irrevocable Letter of Credit No. 299
For the Account of John Gulugian
Amendment No. 4
Our Irrevocable Letter of Credit No. 299 dated January 4, 1990
is hereby amended as follows:
1. Extend the expiration date to April 1, 1993
All other conditions and terms remain unchanged.
This Amendment No. 4 becomes an integral part of the original
Letter of Credit.
Harry H. Hastain
First Vice President
RELEASED
DATE •3-12--173
INITIALS
ADMINISTRATIVE OFFICE
11 GOLDEN SHORE
P0. BOX 2040
LONG BEACH, CA 90801
(213) 4911111
(714) 898-9723
K Harb*Bank
Robert Turicchi
0""'Aw!
i.iiV OF
CAI dFiO
LEPI'ER OF CREDIT
January 4, 1990
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, California 92675
Attn: Stephen B. Julian, City Manager
Re: Irrevocable Letter of Credit No. 299
Gentlemen:
This Letter of Credit is given to fulfill the requirements of that certain
agreement entered into between the City of San Juan Capistrano, a political
subdivision of the State of California, hereinafter referred to as "City",
and John Gulugian, hereinafter referred to as "Principal" covering certain
improvements to be installed in that certain subdivision known and designated
as The Acreage by Principal and in accordance with said agreement.
At the request of the Principal, we hereby establish in favor of the City and
for the account of the Principal our Irrevocable Letter of Credit No. 299,
in the amount of Ten Thousand and no/100 U.S. Dollars ($10,000.00), to be
paid by drafts at sight on us if accompanied by the following documents:
City's written statement (signed by the City Manager, or
City Attorney) certifying that there has been a failure
of the principal to perform the above agreement. Said statement
shall declare the amount of the sight draft on us and that
the amount of this draft is, therefore, now due and payable.
All drafts under this Letter of Credit shall be marked:
Harbor Bank
11 Golden Shore, Suite 600
Long Beach, California 90802
Irrevocable Letter of Credit No. 299
Partial drawings are permitted hereunder.
RELEASED
DATE ,3 0--93
INITIALS , -egoita de't
.-ID.11/NISTRATII'E OFFICE
11 GOLDEN tlTORE
110. 130.0040
LONG 13EdCti. C.0 90801
1113/ 491-1111
Gl,1J .Y9h'-e72,3
0
Letter of Credit
Page 2
We expressly agree with you that all drafts drawn under and in compliance
with terms of this Letter of Credit shall meet with due honor upon presentation
in accordance with California Uniform Commercial Code 5 5112; by not later than
the close of the third banking day following receipt of the documents.
This Letter of Credit expires at our office on July 3, 1990 and shall not be
automatically extended.
This Letter of Credit is subject to the Uniform Customs and Practice for
Documentary Credits (1983 Revision) International Chamber of Commerce,
Publication No. 400 ("UCPA") and to the Uniform Commercial Code of the State
of California ("UCC"). In the event of any conflict between the DCPA and
the UCC, the UCC shall prevail and control.
R. Turicchi
President
App v as to Fo
City Attorney
rl O t 1 1 S cc H E: f,1 r FI r f 1 cy
a
" Miazbo Rank
13AW E. Hann
f..Cha:Y,_ p.,•;::r.•.:
F .,
July 3, 1990
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan. Capistrano, California 92675
Attn: Stephen B. Julian, City. Minager
Amendment to Irrevocahle Letter of Credit No. 299
For the Ar_count of John Gulugian
Amen&*wlnt No. 1
Our Irrevocable Letter of Credit No. 299 datal January 4, 1990
is hereby amended as follows:
1. Extend expiration date to October 1, 1990
All other conditions and terms remain unchanged.
This ADgn, rwnt No. 1 becomes an integral palt of the original
TPtrrf bf Credit. n
Gallas E. Haun
Fxecutive Vice President
!R,!11'VE irFICE
OEN SW3Rf
rn anx 2,140
b-, \Y; PE.ICJ 1, (:.i 9(,;v
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T° Hofbof Donk
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OPPLICATION FOR AMENDMENT 41
TO LETTER OF CREDIT
Dace 7/3/90
RE: Utter ofCred4No. 299 Dared 1/G 190 Amount `1''t i,!)C.!i'�
In favor of City of San Juan Capistraro
Nama Addrfts)
3240QPseg Aar deldnto ,San Juan Capistrano, Ca.- 926; `
For account of John Culugian �-
INamt i Addretsl
371 Linares DC, Long Beach: Ca. 90803
Please amend the credit referred to above by 11 Ma%I o Other as follows:
Eli- Increase amount by $
2. Extend latest shipment date to
3. Extend expiration date to 10 11/9
M4. Other;nstroctions:
to a total of S
It is understood that the terms of this Amendment are subject to acceptance by the berefic;aty. All other terms and condtio^t
of the credit remain unchanged.
I FOR BANK USE ONLY I
Amendment to this Credit under Wtiorner's liability has been
aowcued by an authorized loan officer of HARBOR BANK.
gfftee
A;.croting Officer's
5ientlure 6 T.Ue
MSC -ii 9-42
J. G-DEVEOPMENT CORP.
l{ �
1rmName
BY: G/C
Prrsider.t
.V Alin r� d 5�yrature & Ttle
(John Cul6gian
Aalhor4etl Sl9mrlvura & Title
0 0
MEMORANDUM February 5, 1990
TO: Mary Ann Hanover, City Clerk
FROM: Elaine Martinez, Building & Safety Manager
Community Planning be Development
SUBJECT: Letter of Credit The Acreage Lot 9
Attached, please find a Letter of Credit and Original Agreement With City Re
Homebuyer Installation of Driveway for:
Owner: John Gulugian
371 Linares
Long Beach, CA 90803
Address of
Project Site: 26911 Windsor Drive
San Juan Capistrano
Tract: 10103
Lot: 9
Amount of Bond $10,000.00
Letter of Credit: Harbor Bank
11 Golden Shore
P.O. Box 2040
Long Beach, CA 90801
Irrevocable Letter of Credit No. 299
Expires: July 3, 1990
This memorandum will serve as a receipt for said bond. Building and Safety Division will
notify your Department to release bond when the grading permit is Iinaled.
Thank you for your assistance in this matter.
E aine Martineez
Building Official
EM/st
0205-10
Attachment
cc: John Shaw
Stephen Chamberlain
Marilyn Groff
John R, Gulugian