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1989-1128_NAGY, A/K_AgreementAMPAMT WITH CITY RE HOMEBUYER INSTALLATION OF EWAY This Agreement with City re Homebuyer Installation of Driveway (the "Agreement") is entered into this day of �gyed��oy.6� V, /n19[8'9 between the city of San Juan Capistrano (the "City") and A& <4V " l76V (the "Homebuyer") with reference to the following facts: A. FN Projects, Inc. (the "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 �1���� �7l�i�tC_�C/ 5(TG. 521. �' oZl� LCFt L."l, (the "Home"). C. The Homebuyer would prefer to install his or her own driveway in connection with the individual landscaping plan utilized by the Homebuyer to landscape the yard of the Home. D. In order for the City to issue a Certificate of Occupancy for the Hone 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 agrees to depft rth th City, concurrently with the Homebuyer's execution and delivery of this Agreement, the sum of S_,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 Hage 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 shalt 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 Homebuyer's 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 shalt 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 liome 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 Paseo Adetanto San Juan Capistrano, CA r9r2�675 HanebuYer. qp- i /, -(i /iLj 00a- AW � -I*� Escrow: Saddleback Escrow Company 5010 Campus Drive Newport Beach, CA 92660 IN WITNESS WHEREOF, the parties agree that the foregoin, "HOMEBUYER": CITY OF AN J CIA STRANO Ry: I John R. Shaw, City Attorney s13DRIVE CITY OF SAN JUAN CAPISTRANO By: Elaine R. Martinez, Building Officiat.+ MEMORANDUM TO: Ken Hammon, Interim Administrative Services Director FROM: Mary Ann Hanover, City Clerk DATE: December 4, 1989 SUBJECT: Cashier's Check No. 82647 (Nagy, A. - Tract 10103 Lot 12) On December 1, 1989, the City Clerk's Department received from Elaine Martinez, Building and Safety Manager, Cashier's Check No. 82647 drawn on Mission Viejo National Bank in the amount of $7,940.25 as surety for installation of driveway on property located at 26951 Berkshire Lane. Please place Cashier's Check No. 82647 in the City's safety deposit box. Thank you for your cooperation. orlw cc: Elaine Martinez Stephen Chamberlain MEMORANDUM TO: Mary Ann Hanover, City Clerk /r FROM: Elaine Martinez, Building & Safety Manager rte✓ Community Planning & Development SUBJECT: The Acreage - Lot 12 Attached, please find a Cashier's Check and Original Agreement with Developer re HonWuyer Installation of Driveway. Owner: Al and Kathy Nagy P. O. Box 31040-414 Laguna Hills, CA 92654 Address of Project Site: 26951 Berkshire Lane San Juan Capistrano, CA 92675 Tract: Tract No. 10103 Lot: Lot No. 12 Amount: $7,940.25 Cashier's Check: Mission Viejo National Bank 26300 La Alameda, Suite 100 Mission Viejo, CA 92691 Check No. 82647 This memorandum will serve as a receipt for said bond. Building and Safety Division will notify your department to release bond when the installation of driveway is completed. Thank you for your assistance in this matter. EM/nk Attachment CC* John Shaw Stephen Chamberlain File Mr. & Mrs. Al Nagy 0 August 6, 1990 Mr. & Mrs. Al Nagy 26951 Berkshire Lane San Juan Capistrano, CA 92675 Jwa, I� q 776 iAIOAlYHl11 IIINri:+Il 1961 1 Re: Release of Cashier's Check - Securi Dear Mr. & Mrs. Nagy: MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND LAWRENCE F. BUCHHEIM KENNETH E. FRIESS GARY L. HAUSOORFER PHILLIP R. SCHWARTZE CITY MANAGER STEPHEN B JULIAN Attached is your Cashier's Check No. 82647 from Mission Viejo National Bank, in the amount of $7,940.25. Said Cashier's Check was given to the City as security for driveway installation on property located at 26951 Berkshire Lane, San Juan Capistrano (Tract 10103, Lot 12). Work has been completed to the satisfaction of the City of San Juan Capistrano and the Cashier's Check is hereby released. If you have any questions, please do not hesitate to call. Very truly yours, Dawn M. Schanderl Records Coordinator Attachment cc: Daniel W. McFarland, Building & Safety Manager Mission Viejo National Bank Cheryl Johnson, City Clerk This is to acknowledge that I have received the Cashier's Check No. 82647 from Mission Viejo National Bank in the amount of $7,940.25. 41 A ory agy Dated this lLb7 day of August 1990. 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92.675 0 (714) 493-It71 m gi N 00 I Nin N FJ 0 N L- rm 0■ is I „ ' x ca t� o ,e s= N v1 a 1'1.1 ( �U 1'1.1 s' a � Ga is I „ ' x ca t� o ,e s= N v1 a ( �U is I W H 00 N .A Pay to the order of Al Nagy without recourse City of San Juan Capistrano B David P. Bentz, A Treasurer 00 MEMORANDUM TO: David P. Bentz, Director of Administrative Services FROM: Dawn M. Schanderl, Records Coordinator — DATE: August 1, 1990 SUBJECT: Release of Cashier's Check No. 82647 (Nagy/Tract 10103 Lot 12) On July 31, 1990 the City Clerk's Department received a memorandum from Daniel W. McFarland, Building & Safety Manager, to release the following Cashier's Check as all work has been completed to the satisfaction of the City: Cashier's Check No. 82647 from Mission Viejo National Bank in the amount of $7,940.25 held as security for the driveway installation at property located at 26951 Berkshire Lane, San Juan Capistrano and owned by Al and Kathy Nagy. Please release from the safety deposit box the above -referenced Cashier's Check. Thank you for your cooperation. cc: Daniel McFarland, Building & Safety Manager I MEMORANDUM July 31, 1990 TO: Dawn Schanderl, Records Coordinator City Clerk FROM: Daniel W. McFarland, Building & Safety Manager(j�(I�� Community Planning & Development SUBJECT: Surety Bond - The Acreage Lot 12 Driveway Installation This memo will serve as authorization to release the bond posted by the referenced homeowner re completion of installation of driveway. Owner: Aland Kathy Nagy Address of 26951 Berkshire Lane Project Site: San Juan Capistrano, CA 92675 Tel. No.: 643-7531 (W) or 347-0490 (H) Tract: 10103 Lot: 12 Amount of Bond: $7,940.25 Surety: Cashiers Check No. 82647 Mission Viejo National Bank Thank you for your assistance in this matter. D M /st cc: John Shaw Marilyn Groff, Interamerican Builders Corp. Building file