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1989-1215_CONNON, DOUG & JANICE_Agreement- AG MIT WITH CITY RE HOMEBUYER INSTALLATION OT EWAY This Agreement with City re Homebuyer Installation of Driveway (the "Agreement") is entered into this S day oft{�CUIw%�/wn, 1989 between the City of San Juan Capistrano (the "City") and ��'y/,j�pM 1'& 0 l'm La&x'N (the "Homebuyer") with reference to the following facts: l r A. TN 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. at B. The Homebuyer hAs entered into an agreement to purchase a home in The Acreage Above Capistrano Located (the ao) C. The Homebuyer wou d 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 Homebuyer's execution and delivery of this Agreement, the sun of E. LQj4j._j � in the form of cash or, if the Homebuyer so elects, a letter of credit of such amount from a majo 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 ail 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 instalted 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. Lnspection. The Citv, 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 property 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:IV 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. /7 "HOMEBUYER": CITY O AN CAPIST �NO By: Joh R. Shaw, c Attorney S J30RIVE CITY OT SAN PIAN CAPISTPANO BY:_!'_. Elaine R. Martinez, uil� /v MEMORANDUM TO: Kenneth Hammon, Interim Administrative Services Director FROM: Mary Ann Hanover, City Clerk DATE: December 11, 1989 SUBJECT: Cashier's Check No. 069 0311780 (Conon Tract 10103 Lot 20) On December 8, 1989, the City Clerk's Department received from Elaine Martinez, Building & Safety Manager, a Cashers Check No. 069 0311780 in the amount of $7,456,50 from Union Bank as surety for installation of driveway at property located at 26981 Vista Pointe. Please put Cashiers Check No. 069 0311780 in the safety deposit box. Thank you for your cooperation. �`07 � Attachment cc: Elaine Martinez Stephen Chamberlain M 0 MEMORANDUM December 6. 1989 TO: Mary Ann Hanover, City Clerk FROM: Elaine Martinez, Building do Safety Manager Community Planning do Development SUBJECT: BOND -ACREAGE Attached, please find Original Copy of Agreememt with City Re Homebuyer Installation of Dive and a Cashier's Check in the amount of $7,456.50. 1% ? -Doul las Owner: Mr. do Mrs. Dough Connon 25411 Sp99(ted Pony S po f� ed Laguna Hills, CA. 92653 Address of Project Site: 26981 Vista Pointe San Juan Capistrano, CA. 92675 Tract: Tract No. 10103 Lot: Lot No. 20 Amount of Bond $7,456.50 Cashier's Check: Union Bank Laguna Hills Branch q #0 1780 7,456.50 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. Elaine Martinez Building Official EM/nk 127-1SB Attachment cc: John Shaw Stephen Chamberlain/Bldg, Fil Mr. do Mrs. Doug Connon The Acreage E v � olm 0 x - * o O * W * M OD O r41 � rn * c 00 � olm 0 • MEMORANDUM Cl TO: Kenneth Hammon, Interim Administrative Services Director FROM: Mary Ann Hanover, City Clerk DATE: December 11, 1989 SUBJECT: Cashier's Check No. 069 0311780 (Conon, Tract 10103 Lot 20) On December 8, 1989, the City Clerk's Department received from Elaine Martinez, Building & Safety Manager, a Cashers Check No. 069 0311780 in the amount of $7,456,50 from Union Bank as surety for installation of driveway at property located at 26981 Vista Pointe. Please put Cashiers Check No. 069 0311780 in the safety deposit box. Thank you for your cooperation. Attachment cc: Elaine Martinez Stephen Chamberlain 0 MEMORANDUM December 6. 1989 TO: Mary Ann Hanover, City Clerk FROM: Elaine Martinez, Building do Safety Manager Community Planning do Development SUBJECT: BOND -ACREAGE Attached, please find Original Copy of Agreememt with City Re Homebuyer Installation of Drive and a Cashier's Check in the amount of $7,456.50. nous LaS Owner: Mr. & Mrs. Dough Connon 25411 Sp90(ted Pony S po ff e-4 Laguna Hills, CA. 92653 Address of Project Site: 26991 Vista Pointe San Juan Capistrano, CA. 92675 Tract: Tract No. 10103 Lot: Lot No. 20 Amount of Bond $7,456.50 Cashier's Check B: Union Bank Laguna Hills Branch #00 1780 7,456.50 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. Elaine Martinez Building Official EM/nk 127-1SB Attachment cc: John Shaw Stephen Chamberlain/Bldg. Fil Mr. do Mrs. Doug Connon The Acreage • B11111l,w 1961 1776 December 16, 1991 Mr. & Mrs. Douglas Connon 26981 Vista Pointe San Juan Capistrano, California 92675 Re: Release of Cashier's Check No. 069 0311780 - Dear Mr. & Mrs. Douglas Connon: MEMBERS OF THE CITY COUNCIL LAWRENCE F BUCHHEIM KENNETH E FRIESS GARY HAUSDORFER GIL JONES JEFF VASQUEZ CITY MANAGER STEPHEN B JULIAN Attached is your Cashier's Check No. 069 0311780 from Union Bank, in the amount of $7,456.50. Said Cashier's Check was given to the City as security for the driveway installation on property located at 26981 Vista Pointe, San Juan Capistrano (Tract 10103, Lot 20). 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 Deputy City Clerk Attachment cc: Daniel W. McFarland, Building & Safety Manager Union Bank This is to acknowledge that I have received Cashier's Check No. 069 0311780 from Union Bank in the amount of $7,456.50. ��b`��+�,� Mr. and/or r Mrs. Douglas Cdnnon Dated this/ 9day of December, 1991. 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 zz a z z N O e E O D 1 1`E a� L, i 0 rn • Pay to the order of Douglas S. Connon without recourse. City of San Juan Capistrano By David P. Bentz, Ci y reasurer 0 MEMORANDUM TO: David P. Bentz, Director of Administrative Services FROM: Dawn M. Schanderl, Deputy City Clerk dZM'o-- DATE: December 11, 1991 SUBJECT: Release of Cashier's Check No. 069 0311780 (Tract 10103 Lot 20) On December 5, 1994 the City Clerk's office 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 069 0311780 from Union Bank in the amount of $7,456.50 held as security for the installation of driveway at property located at 26981 Vista Pointe, San Juan Capistrano and owned by Mr. & Mrs. Douglas Connon. 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 Ll n MEMORANDUM December 5, 1991 TO: Dawn Schanderl, Records Coordinator City Clerk FROM: Daniel W. McFarland, Building & Safety Manager Department of Engineering and Building �Y SUBJECT: Surety Bond - The Acreage Lot 20, Driveway Installation This memo will serve as authorization to release the bond posted by the referenced homeowner re completion of installation of driveway. Owner: Mr. & Mrs. Doug Connon Address of 26981 Vista Pointe Project Site: San Juan Capistrano, CA 92675 Tel. No.: 347-9626 Tract: 10103 Lot: 20 Amount of Bond: $7,456.50 Surety: Union Bank Laguna Hills Brance #06X0311780 Thank you for your assistance in this matter. DM/st cc: Building file cc: Saddleback Escrow Co./Attn: Carol via FAX . a.