Loading...
1989-1115_PETRIK , C / J_Agreement AGR T WITH CITY RE HOMEBUYER INSTALLATION OF SWAY This Agreement with City re Homebuyer Installation of Driveway (the "Agreement") is entered into this day o/f/ f0 U. 1989 between the City of San Juan Capistrano (the "City") and ; i(ir- P � (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. 8. /_�/T he H buyer,/has n/t/erred into an agreement to purchase a home in The Acreage Above Capistrano located at �lC�lslQ�l/V�QLIJ � � /. (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 Home. NOW, THEREFORE, the parties hereto agree as follows: 1. Deposit. The Homebuyer agrees to deposit with the City, concurrently with the Homebuyers execution and delivery of this Agreement, the sum of E ..AYF!kl �7� 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 Hone 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 Nome 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 shalt send a letter to Saddleback Escrow Company stating that a driveway meeting City standards has been instatted at the Hcme 6. Inspection. The City, on its own volition or at the request of the Hom^buyer, shalt 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. T. Notices. Ali 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 m. s{ Homebuyer: C��Q/Cy ¢�/q/E ��T@!� BUILDING ZkAT .:,Pi.0 g&AR 1.l NOV 151989 my� Z�I�UGZ Q���7CITY OF SAN JUAN CAPISTRANO Escrow: Saddleback Escrow Company 5010 Campus Drive Newport Beach, CA 92660 IN WITNESS WHEREOF, the parties agree that the foregoing shalt be binding upon them. i "HOMEBUYER": �✓ .�C:� .— CITY OF SAN JUAN CAPISTRANO CITY OFFF SAN 'J-UA�N CAPISTRANO By: By!-40� John R. Sb , City Attorney Elaine R. Martinez, BVi al SJ3DRIVE MEMORANDUM TO: David Bentz, Director of Administrative Services _ FROM: Dawn M. Schanderl, Records Coordinator DATE: May 8, 1990 SUBJECT: Release of Cashiers Check No. 07181087 (Petrik, Tract 10103, Lot 3) On May 8, 1990 the City Clerk's Department received a memorandum from Elaine Martinez, Building Safety Manager, to release the following Cashiers Check as all work has been completed to the satisfaction of the City: Cashiers Check No 07181087 from Security Pacific National Bank in the amount of $5,991.75 held as security for installation of driveway at property located at 26751 Dominion Way, San Juan Capistrano and owned by Craig and Jeannie Petrik. Please release from safety deposit box the above-referenced Cashiers Check. Thank you for your cooperation. cc: Elaine Martinez, Building & Safety Manager Jaw, A 1, '"- MEMOIRS OF THE CITY COUNCIL ILy91\ © ANTNONY L. BLAND ,N1 LAW[[NC[ !. BUCMN[IM DIIU9 UBE U/' uIDNNII, KENNET" [. PRIORS ® III,IOItl, 1961 GARY L. NAUBDOR![B PHIL 176 PNILLIP R. BCN WART2[ ��• CITY MA RAO[[ RT[►NON B JULIAN May 10, 1990 Mr. & Mrs. Craig Petrik 26751 Dominion Way San Juan Capistrano, CA 92675 Re: Release of Cashiers Check - Securit for Installation of Drivewayat Pro rt Locate at S! omtnion Way, n uan actstrano Dear Mr. do Mrs. Petrik: Attached is your Cashiers Check No. 07181087 from Security Pacific National Bank, in the amount of $5,991.75. Said Cashiers Check was given to the City as security for installation of driveway at property located at 26751 Dominion Way, San Juan Capistrano (Tract 10103, Lot 3). Work has been completed to the satisfaction of the City of San Juan Capistrano and the Cashiers Check is hereby released. If you have any questions, please do not hesitate to call. Very truly ours, Dawn M. Schanderl Records Coordinator Attachment cc: Elaine Martinez, Building & Safety Manager Security Pacific National Bank This is to acknowledge that I have received Cashiers Check No. 07181087 from Security Pacific National Bank in the amount of $5,991.75. t Craig andVednniiPetr1rc Dated this day of May, 1990. 32400 PASEO ADELANTO. SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 499.1171 1. MEMORANDUM TO: Ken Hammon, Interim Director Finance Director FROM: Mary Ann Hanover, City Clerk DATE: November 27, 1989 SUBJECT: Cashiers Check - Petrik (Tract 10103 Lot 3) On November 22, 1989, the City Clerk's Department received from Elaine Martinez, Building & Safety Manager, a Cashiers Check No. 07181087 drawn on Security Pacific National Bank in the amount of $5,991.75 as security for installation of a driveway on property located at 26751 Dominion Way. Please put the attached Cashiers Check No. 07181087 in the safety deposit box. Thank you for your cooperation. Mary Ann Hanover, CMC City Clerk Attachment cc: Elaine Martinez Stephen Chamberlain November 22, 1989 �1 Mary Ann Hanover, City Clerk FROM: Elaine Martinez, Building & Safety Manager 5t - Community Planning & Development SUg7ECT; The Acreage - Lot No. 3 Attached, please find a Cashiers Check and Original Agreement with Developer re Hombuyer Installation of Driveway. Owner: Craig and Jeannie Petrik 28471 Springfield Drive Laguna Niguel, CA 92677 Address of Project Site: 26751 Dominion Way San Juan Capistrano Tract: Tract 10103 Lot: Lot No. 3 Amount: $5,991.75 Cashiers Check: Security Pacific National Bank Bank Check Accounting Services Brea, California 92623-6398 Office: 274 Check No. 07181087 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 1122-BND.AC Attachment cc: John Shaw Stephen Chamberlain File Mr.& Mrs. Petrik MEMORANDUM TO Ken Hammon, Interim Director Finance Director FROM: Mary Ann Hanover, City Clerk DATE: November 27, 1989 SUBJECT: Cashiers Check - Petrik (Tract 10103 Lot 3) On November 22, 1989, the City Clerk's Department received from Elaine Martinez, Building do Safety Manager, a Cashiers Check No. 07181087 drawn on Security Pacific National Bank in the amount of $5,991.75 as security for installation of a driveway on property located at 26751 Dominion Way. Please put the attached Cashiers Check No. 07181087 in the safety deposit box. Thank you for your cooperation. Mary Ann Hanover, CMC City Clerk Attachment cc: Elaine Martinez Stephen Chamberlain MEMORANDUM November 22 , 1989 TO: Mary Ann Hanover, City Clerk FROM: Elaine Martinez, Building & Safety Manager !� Community Planning & Development SUBJECT: The Acreage - Lot No. 3 Attached, please find a Cashiers Check and Original Agreement with Developer re Hombuyer Installation of Driveway. Owner: Craig and Jeannie Petrik 28471 Springfield Drive Laguna Niguel, CA 92677 Address of Project Site: 26751 Dominion Way San Juan Capistrano Tract: Tract 10103 Lot: Lot No. 3 Amount: $5, 991.75 Cashiers Check: Security Pacific National Bank Bank Check Accounting Services Brea, California 92623-6398 Office: 274 Check No. 07181087 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 1122-BND.AC Attachment cc: John Shaw Stephen Chamberlain File Mr. & Mrs. Petrik MEMORANDUM May 3, 1990 TO: Dawn Schanderl, Records Coordinator City Clerk's Office FROM: Elaine Martinez, Building & Safety Manager ` Community Planning & Development SUBJECT: Surety Bond - The Acreage Lot 3 Driveway Installation This memo will serve as authorization to release the bond posted by the referenced homeowner re completion of installation of driveway. Owner: Craig and Jeannie Petrik 28471 Springfield Drive Laguna Niguel, CA 92677 Address of 26751 Dominion Way Project Site: San Juan Capistrano, CA 92675 Tel. No.: (714) 364-3557 364-36uB Tract: 10103 Lot: 3 Amount of Bond: $5,991.75 Surety: Security Pacific National Bank Bank Check Accounting Services Brea, CA 92623-6398 Office: 274 Check No. 07181087 Thank you for your assistance in this matter. EM/st - s cc: John Shaw Marilyn Groff, Interamerican Builders Corp. Building file zr < . � W O p I 07181087 'e-' 1220 M PACIFIC NATIONAL BANK OFFICE NUMBER OATS ESEG Bank Check Accounting Service$ p7A November 15,1989 Brea,California 92621-6396 of PPV TO TME 5,991.75" * * * *CITY Of SAN JUAN CAPISTRANO* * * * A ti UREA ORIZEO , C04 >gLOg7n■ i22000043r:928"19L7016 "; r .j Pay to the order of Craig Petr`_ without recourse. City /ooff' San Juan Capistrano By '/i.f� David P. Bentz, Tre er T 1 I � 07181087 16-411220 t yy{{���IDR q..fl AI YB 2k f �:y �r jyj� 4t ' ��VIKPR�IR 3xE a -�1 # �f�67 L! t+.o-64rtit rd�r 8txi� �K^ zs n ar+n=.<r+^• u>v TO TME ORDER OF * * * * *CITY OF SAN JUAN CAPISTRANO* * * * * * * * * * * * * * 5,991.75* 6N L T)P 3., F} r11Y! rT91r;- '' p ♦t+" b rjP tf Y! r4 f znP yyiaYT ^�r..1 J� tA� � h{" ,YPI{IF AF /r 1 s t s VT OR12ED SIGNATURE m IMt]`11ato4?a+ �: 1 t' 2000"'1 C, 281119 I r 1