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1989-1027_STRATTON, JAY & JAN_AgreementAGREE& WITH CITY RE HOMEBUYER INSTALLATION OF DY This Agreement with City re Homebuyer Installation of Driveway (the "Agreement") is entered into thisd�'r day of``'' ✓( b �beY� 1989 between the City of San Juan Capistrano (the "City") and :�M f 1A M PA 110 1\J (the "Homebuyer") with reference to the following facts: A. FN Projects, Inc. (the "Developer") is currently building a community of single family hones commonly known as "The Acreage Above Capistrano" in the City of San Juan Capistrano. at B. The Homebuyer has entered into an agreement to purchase a home in The Acreage Above Capistrano located (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 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 Hone. NOW, THEREFORE, the parties hereto agree as follows: 1. Deposit. The Homebuyer agrees to deposit u;th t1� City, concurrently with the Homebuyer's execution and delivery of this Agreement, the sum of $ IL-7/ i. 75 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 Now 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 shall be given by registered or certified mail at the following address: The City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 � Homebuyer: X*1 ? SQIV O'CRAIM d S H 81 P<VSEt1 MUTE '59 Idaiv env�rea,� r�916?5 Escrow: Saddleback Escrow Company 5010 Campus Drive Newport Beach, CA 92660 IN WITNESS WHEREOF, the parties agree that the foregoing shall be binding u on them. / "HOMEBUYER": E >'� "CITY": SJ3DRIVE CITY OFFSSAN JUJUAN CAPISSTTTRRANO p By: Title: BJ. Id � �T o 'r Aaw* Il Gm e 1 D Do 1776 II1776 1961 March 13, 1990 Mr. & Mrs. Jay Stratton 31981 Paseo Amante San Juan Capistrano, CA 92675 MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND LAWRENCE F. BUCHHEIM KENNETH E. FRIESS GARY L. HAUSDORFER PHILLIP R. SCHWARTZE CITY MANAGER STEPHEN B JULIAN Re: Release of Cash Bond - Security for Grading at Property Located at 26752 Dominion Way, San Juan Capistrano Dear Mr. & Mrs. Jay Stratton: Attached is your Cash Bond, Serial No. 0843007454, from Wells Fargo & Company, in the amount of $4,713.75. Said Cash Bond was given to the City as security for grading on property located at 26752 Dominion Way, San Juan Capistrano (Tract 10103, Lot 2). Work has been completed to the satisfaction of the City of San Juan Capistrano and the Cash Bond is hereby released. If you have any questions, please do not hesitate to call. Very truly yours, O � / 6Z% Mary Ann Ha ver, CMC City Clerk MAH/dms Attachment cc: Elaine Martinez, Building & Safety Manager Wells Fargo & Company This is to acknowledge that I have received the Cash Bond, Serial No. 0843007454 from Wells Fargo & Company in the amount of $4,713./75. Ja 2(ANW� J Ja and/or n Stratton Dated this/6 day of March, 1990. 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 6 f MEMORANDUM March 1, 1990 TO: Mary Ann Hanover, City Clerk FROM: Elaine Martinez, Building & Safety Manager 411-�t Community Planning & Development SUBJECT: Surety Bond - The Acreage Lot 2 Driveway Installation This memo will serve as authorization to release the bond posted by the referenced homeowner re completion of installation of driveway. Owner: Jay & Jan Stratton Address of 26752 Dominion Way Project Site: San Juan Capistrano, CA 92675 Tel. No.: 248-8396 - Tract: 10103 Lot: 2 Amount of Bond: $4713.75 Surety: Wells Fargo & Company #084007454 o Thank you for your assistance in this matter. EM /st cc: John Shaw Marilyn Groff, Interamerican Builders Corp. Building file MEMORANDUM TO: Ken Hammon, Interin City Treasurer FROM: Dawn M. Schanderl, Records Coordinator DATE: November 2, 1989 SUBJECT: Cash bonds, The Acreage Lot 2 On October 24, 1989, Elaine Martinez, Building & Safety Manager, sent to the City Clerk's Department a Cash Bond (Serial Number 0843007454) in the amount of $4,713.75, drawn from Wells Fargo & Company. This bond is surety for the installation of a driveway at Mr. & Mrs. Jay Stratton's property located at 26752 Dominion Way, Tract 10 10 3, Lot 2. Please put the attached Cash Bond into the safety deposit box. Thank you for your cooperation. cc: Elaine Martinez Stephen Chamberlain 9 MEMORANDUM October 24, 1989 TO: Mary Ann Hanover, City Clerk FROM: Elaine Martinez, Building & Safety Manager Community Planning & Development SUBJECT: Cash Bond The Acreage Lot 2 Attached, please find a Cash Bond - Original Agreement With City Re Homebuyer Installation of Driveway for: Owner: Jay and Kay Stratton Address of Project Site: 26752 Dominion Way San Juan Capistrano Tract: 10103 Lot: 2 Amount of Bond $4,713.75 Bond Serial No. Check No. 0843007454 Certificate of Deposit Acct.No. 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. L'X� Elaine Martinez Building Official EM/nk Attachment cc: John Shaw Stephen Chamberlain Jay & Jan Stratton MEMORANDUM TO: Ken Hammon, Interim Finance Director FROM: Mary Ann Hanover, City Clerk DATE: March 6, 1990 SUBJECT: Cash Bond - Stratton (The Acreage Tract 10103, Lotd) On October 24, 1989, the City Clerk's Department received from Elaine Martinez, Building & Safety Manager, the following cash bond: No. 0843007454 from Wells Fargo & Company in the amount of $4,713.75 as surety for homebuyer installation of driveway at property located at 26752 Dominion Way, Tract 10103, Lot 2. On March 1, 1990, Elaine Martinez authorized release of bond No. 0843007454 as all requirements per agreement with the City of San Juan Capistrano has been satisfied. Please release cash bond No. 0843007454 from the safety deposit box. Thank you for your cooperation. i cc: Elaine Martinez, uilding & Safety Manager 0 0 MEMORANDUM March 1, 1990 TO: Mary Ann Hanover, City Clerk FROM: Elaine Martinez, Building & Safety Managers Community Planning & Development SUBJECT: Surety Bond - The Acreage Lot 2 Driveway Installation This memo will serve as authorization to release the bond posted by the referenced homeowner re completion of installation of driveway. Owner: Jay & Jan Stratton Address of 26752 Dominion Way Project Site: San Juan Capistrano, CA 92675 Tel. No.: 248-8396 _ Tract: 10103 v�o ry Lot: 2 Amount of Bond: $4713.75 a,n ,, m Surety: Wells Fargo & Company #094007454 Thank you for your assistance in this matter. EM /st cc: John Shaw Marilyn Groff, Interamerican Builders Corp. Building file 0 • MEMORANDUM TO: Ken Hammon, Interin City Treasurer FROM: Dawn M. Schanderl, Records Coordinator DATE: November 2, 1989 SUBJECT: Cash bonds, The Acreage Lot 2 On October 24, 1989, Elaine Martinez, Building & Safety Manager, sent to the City Clerk's Department a Cash Bond (Serial Number 0843007454) in the amount of $4,713.75, drawn from Wells Fargo & Company. This bond is surety for the installation of a driveway at Mr. & Mrs. Jay Stratton's property located at 26752 Dominion Way, Tract 10103, Lot 2. Please put the attached Cash Bond into the safety deposit box. Thank you for your cooperation. cc: Elaine Martinez Stephen Chamberlain MEMORANDUM October 24, 1989 TO: Mary Ann Hanover, City Clerk FROM: Elaine Martinez, Building & Safety Manager Community Planning & Development SUBJECT: Cash Bond The Acreage Lot 2 Attached, please find a Cash Bond - Original Agreement With City Re Homebuyer Installation of Driveway for: Owner: Jay and Kay Stratton Address of Project Site: 26752 Dominion Way San Juan Capistrano Tract: 10103 Lot: 2 Amount of Bond $4,713.75 Bond Serial No. Check No. 0843007454 Certificate of Deposit Acct.No. 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. k -ti Elaine Martinez Building Official EM /nk Attachment cc: John Shaw Stephen Chamberlain Jay & Jan Stratton BI 2 k/ - f >.®*0 « �t`. » //) r j \!f i / \ q � @ � § .... ) \ ¢ BI 21 � O 00 A w O O —j -D!A � . a. . w- � .�.. . . \ p \) � \ � 21 � O 00 A w O O —j -D!A � . a. . w- � .�.. . . \ p