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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 � y- f G7/ �VINE YARD 1200 S. DIAMOND BAR BLVD. C•'AC/B WdC10Z19/ �Ballj( DIAMOND BAR, CALIFORNIA 91765-1508 8128 '� REMITTER Richard & Rosemary Stayberg May 17 19g -O 90-9857/1222 *City of San Juan Capistrano* * * * * * * * * * * * * ***41076.00*** s die � �" I�LS.Gb�CQ-GC.Go a 112008 3 2811' I: 1 2 2 2 38 5 7 21: 00 411190 5 5 209• »' >n V s .art fi. �s� `VINEYARD 1200 S. DIAMOND BAR BLVD, p 2 8 f cNational `Rami DIAMOND BAR, CALIFORNIA 91765-1608 O �. aEMlrrErlRichard & Rosemary Stayberg May 17 /,990 90_3e57/1222 r y $***4 076.00*_** i �j�la��• ' 116008 i 281+' 1: 1 2 2 2 38 S 7 21: 004-90 S S 20u' .P 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