1990-0518_STAYBER, RICHARD & ROSEMARY_Agreement Ar. (117H CITY RE HOMEBUYER INSTALLATION,OF WAY
This Agreement with City re Homebuyer Installation of Driveway (the "Agreement") is entered into this j/_
day ofQQ 19P between the City of San - Juan Capistrano (the "City")
and DjC(L i R_A�A4)*y !212�l/3� (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 all h5i- 4 lyC. C4. 75 (the "Home"). tX- #,CS
7,pFFq"# /0/03
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 Nome.
0. In order for the City to issue a Certificate of Occupancy for the 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 agrees to de sit nth the City, concurrently with the Homebuyers execution and
delivery of this Agreement, the sun of E y•GD 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 Instal( 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 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 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 shalt be given by registered
or certified mail at the following address:
The City: City of San Juan Capistrano
32400 Paseo Adetanto
Saan�JuuaanDC^apisttrratnoo,,A�C�A/1'/92675 ,�M
Homebuyer: Flu-CV gpL �- 6 "WF7 gwy&*6
4 3; /.NtPe Pu �
Escrow: Saddleback Escrow Company
5010 Campus Drive
Newport Beach, CA 92660
IN WITNESS WHEREOF, the parties agree that the foregoing shall be bind�ng un them. /
"HOMEBUYER":
"CITY OF SAN A UAN CAPISTRANO"
BY : ___ BY :
JOHN R . HAW _ ELAINE R . MARTINEZ
CITY ATT RNEY BUILDING OFFICIAL
^�. MEMBERS OF THE CITY COUNCIL
ANTHONY L. BLAND
LAWRENCE F. SUCHHEIM
OR1I9 UfE 119BH,6i KENNETH E. FRIESB
IS uinwwll 1961 OA RY L. HAUSDORFER
1776 PHILLIP R. SCHWARTZE
A'w • CITY MANAGER
8T[IHEN B JULIAN
November 26, 1990
Mr. & Mrs. Richard Stayberg
27152 Highland Drive
San Juan Capistrano, California 92675
Re: Release of Cashier's Check - Securit for Drivewa Installation at Property Located
at 27152 Highland Drive, San Juan Capistrano Tract 10103, Lot 25
Dear Mr. & Mrs. Stayberg:
Attached is your Cashier's Check No. 8128 from Vineyard National Bank, in the amount
of $4,076.00. Said Cashier's Check was given to the City as security for the driveway
installation on property located at 27152 Highland Drive, San Juan Capistrano (Tract
10103, Lot 25). 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,
42-
Dawn M. Schanderl
Records Coordinator
Attachment
cc: Daniel W. McFarland, Building & Safety Manager
Vineyard National Bank
This is to acknowledge that I have received the Cashier's Check No. 8128 from Vineyard
National Bank in the amount of $4,076.00. 11'
Rich rd and Roseme y erg
v
Dated this 26th day of November, 1990.
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 499.1171
MEMORANDUM November 16, 1990
TO: Dawn Schanderl, Records Coordinator
City Clerk
FROM: Daniel W. McFarland, Building & Safety Manager hI/�� /
Department of Engineering and Building 11
SUBJECT: Surety Bond - The Acreage Lot 25 Driveway Installation
This memo will serve as authorization to release the bond posted by the referenced
homeowner re completion of installation of driveway.
Owner: Richard & Rosemary Stayberg
Address of 27152 Highland Drive
Project Site: San Juan Capistrano, CA 92675
Tel. No.: 771-5740 (Work - Mrs. Stayberg)
347-9237 (Mr. Stayberg)
Tract: 10103
Lot: 25
Amount of Bond: $4,076.00
Surety: Cashiers Check #8128, Vineyard National Bank
Thank you for your assistance in this matter.
DM/st
cc: John Shaw
Sandy Milder, Interamerican Builders Corp.
Building file
M N
MEMORANDUM
TO: David P. Bentz, Director of Administrative Services
FROM: Dawn M. Schanderl, Records Coordinator (1'r"
DATE: May 23, 1990 (((1���
SUBJECT: Cashier's Check 8128 - The Acreage Tract 10103, Lot 25 (Stayberg)
1/o 76,OO
On May 23, 1990, Elaine Martinez, Building & Safety Ma ger, se� the City Clerk's
Department a Cashiers' Check No. 8128 in the amount of 4TQ6-; A9'J wn from Vineyard
National Bank. The Cashier's Check is surety for the installation of a driveway at
Mr. & Mrs. Richard Stayberg's property located at 27152 Highland Drive, Tract 10103,
Lot 25.
Please put the attached Cashier's Check into the safety deposit box.
Thank you for your cooperation.
cc: Elaine Martinez, Building & Safety Manager
MEMORANDUM May 18, 1990
TO: Dawn Scanderl, Records Coordinator
City Clerks Office
FROM: Elaine Martinez, Building & Safety Manager
Community Planning & Development
SUBJECT: Surety Bond - The Acreage Lot 25 Driveway Installation
Attached, is a bond and original agreement with the City re homebuyer installation of
driveway for:
Owner: Richard & Rosemary Stayberg
635 Exeter Place
Orange, CA 92669
Address of 27152 Highland Drive
Project Site: San Juan Capistrano, CA 92675
Tract: 10103
Lot: 25
Amount of Bond: $4,076.00
Surety: Cashiers Check #8128, Vineyard National Bank
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 finaled.
Thank you for your assistance in this matter.
EM/st
Attachment
cc: John Shaw
Marilyn Groff, Interamerican Builders Corp.
Building file
' M •
MEMORANDUM
TO: David P. Bentz, Director of Administrative Services
FROM: Dawn M. Schanderl, Records Coordinator /►,"
DATE: May 23, 1990
SUBJECT: Cashier's Check 8128 - The Acreage Tract 10103, Lot 25 (Stayberg)
On May 23, 1990, Elaine Martinez. Building & Safety Manager, set to the City Clerk's
Department a Cashiers' Check No. 8128 in the amount of $4,067.00 drawn from Vineyard
National Bank. The Cashier's Check is surety for the installation of a driveway at
Mr. & Mrs. Richard Stayberg's property located at 27152 Highland Drive, Tract 10103,
Lot 25.
Please put the attached Cashier's Check into the safety deposit box.
Thank you for your cooperation.
cc: Elaine Martinez, Building & Safety Manager
4 �
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G7/ �VINE YARD 1200 S. DIAMOND BAR BLVD.
C•'AC/B WdC10Z19/ �Ballj( DIAMOND BAR, CALIFORNIA 91765-1508 8128
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REMITTER Richard & Rosemary Stayberg May 17 19g -O 90-9857/1222
*City of San Juan Capistrano* * * * * * * * * * * * * ***41076.00*** s
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aEMlrrErlRichard & Rosemary Stayberg May 17 /,990 90_3e57/1222
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y $***4 076.00*_**
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Pay to the order of Rich#Wd
Rosemary Stayberg withou
recourse.
CitLf Sante Jou a f�pistrano
Bye//,iil//�/ sC
David P. Bentz, Tras rer
46 N
MEMORANDUM
TO: David P. Bentz, Director of Administrative Services
FROM: Dawn M. Schanderl, Records Coordinator
DATE: November 16, 1990
SUBJECT: Release of Cashier's Check No. 8128 (Staryberg/Tract 10103, Lot 25)
On November 16, 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. 8128 from Vineyard National Bank in the amount of $4,076.00
held as security for the driveway installation at property located at 27152 Highland
Drive, San Juan Capistrano and owned by Richard and Rosemary Stayberg.
Please release from the safety deposit box the above-referenced Cashier's Check.
Thank you for your cooperation.
cc: Daniel W. McFarland, Building & Safety Manager