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1990-0207_HARTMAN, R_AgreementAr'Af RII NI VIM flnY PF IItAI PITY EF I NS I Alla110H _Of DRIVFVAY �J FOR Agree�eam,e�nnt�t���� �with� City re mxnebmrver Instatlntion of Dri�tlw "Agrcam`n t'O is entrrod Into this _/ day of�, /h�r4iK+'a,�-'V , 19 Ectvrcn the City of eon Junn Capistrano (,he ^City") and —�CI Uur_1•�F-�' _ �.r�'/if/p/� (lhr -1Hmv Yuyer") with reference to the following (arts: FN Projects, Ina (thr ^Developer^) is currently Wilding a community Of single family homes Corrnonty known as "The Acrenge Alive Capistrano" in the City of Son Juan Capistrano. S. The Heechtryer has entered into nn Agreement to pi a hone in The Acreage Above Capistrano located at Q, LiJ ithe C, the aDroWyer wmHd p, vler lo Install his or her own driveway in Connection with the indlvitluol Inrdscaping plan utilized by thr Hrvreouyer to InMscnpr 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 requi r f ng that the "Devourer provide the City with a Cash deposit or letter of credit to assure the City that concrete And/orasnnry driveways will be Installed at the Mame within four months from the data of Issuance of the Certificate ofmOCampAncy for the Home. NOW. THEREFORE, the parties hereto agree as follows: 1. Deposit. The HomeWynr Agrees to of fJt w' h the City, concurrently with the HompWyer's execution and delivery of this Agreement, the sun of 4 In the Term of cash or, if the HDrCWyer so elects, a letter of credit of such Amount from a major noncy-conter bank, in favor of City and in a form acceptable to the City. The City shall hold the cosh or letter of credit In accordance wfth the provisf me of this Agreement. I. nvW Agreement to Install Driveways. The Hoyer 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 Ham, which IN Projects has not installed as of the date hereof. 3. issuance of Certificate ofti v. The City agrees that, upon its receipt of this executed Agreement, its receipt of the above dcscri Md funds or letter of credit, and satisfaction of all other conditions to the Issuance Of a Certificate of OCC,Ipm,ey, It shalt Istue a DertlficAto of Occupancy for the Nd M. A. Default. In the evont that the Ho,Twyor fails to complete the construction and installation of all driveways at the Hone as requirrJ hmrrhy within four months of the date of the Car tificaee 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 DMI/or installed At the ilemcbuyer's sole expense, all driveways At the Home which are not than comp Tete. The quality and materials of such driveways PhAtt be of the saaa orality cud materials as the standard driveway proposed to be installed or os the City deems reasonable. S. Retease of Funds to Hontou . Upas the Homebuyer's satistoctio, of the tonditions set forth in paragraph 2 of this Agreement, the City shill return to the Homebuyer the funds or letter of credit which are held by the City and shall send o letter to SAdAlehmck Esrrow Cortony stating that a driveway meeting City atandnrds hes been, installed at the Home. 6. fiction. The City, on its own volition or at the request of the NDm,Wyer, shall Inspect the Nome to determine whether all driveways required to be installed by the Homebuyer have been fully and properly installed. Following such inapect Ion, the City shall either take the nctl on described in Section A or 5 Prove or take whatever other action that the City deems rvnsonnble 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 nail at the following address: the City: City of Sen Jaen G�pistrnrv, 324nO PI1co A-Ielanto Snn Jnnn Capistrano, CA 02675 Hamvtxrver: �(� i L�Oi1EE, 'iii HifH7Xl9rt` Esrrru: SaddlvhaCk Esrrow Compnny 5010 Cann", Drive Newpn,t gear h, CA 97.660 IN WITNESS WHEREOF, file parties agree that the foregoing shAll binding them "HdtE FUYEP": _ CI#,A N r IRIFANOSY. Show, [itti Perm ray SJ3DRIVE CITY PC SANJOAN CAPISTRANO D Ry.� Elaine R. Martinet, Ouilding I mal 0 MEMORANDUM TO: Mary Ann Hanover, City Clerk FROM: Elaine Martinez, Building & Safety Manager Community Planning & Development SUBJECT: Cashiers Check The Acreage Lot 22 February 8, 1990 Attached, please find a Cashiers Check and Original Agreement With City Re Homebuyer Installation of Driveway for: Owner: Douglas & Roberta Hartman 31891 Paseo Alto Plano San Juan Capistrano, CA Address of Project Site: 27061 Vista Pointe San Juan Capistrano Tract: 10103 Lot: 22 Amount of Bond $10,000.00 Bond Serial No. Check No. 46759 Bank: Mariners 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. Elaine MarthhezG`� Building Official EM At Attachment cc: John Shaw Stephen Chamberlain Marilyn Groff Douglas & Roberta Hartman 0 0 MEMORANDUM TO Ken Hammon, Interim Finance Director FROM: Mary Ann Hanover, City Clerk DATE: February 9, 1990 SUBJECT: Cashier's Check - Parker (The Acreage Lot 22/Hartman) On February 8, 1990, the City Clerk's Department received from Elaine Martinez, Building & Safety Manager the following cashier's check: No. 46759 from Mariners Bank in the amount of $10,000.00 as surety for homebuyer installation of driveway at property located at 27061 Vista Pointe , Tract 10103, Lot 22. Please put cashier's check No. 46759 in the safety deposit box. Thank you for your cooperation. �. , Aca� cc: Elaine Martinez, Building do Safety Manager Stephen Chamberlain, Permit Services Supervisor 0 April 26, 1993 J� ` �I n101 voA O10 � muuwm 1961 1776 Mr. Douglas Hartman 27061 Vista Pointe San Juan Capistrano, CA 92675 Re: Juan Capistrano Dear Mr. Hartman: is Check - MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL GARY HAUSOORFER GIL JONES CAROLYN NASH JEFF VASQUEZ CITY MANAGER GEORGESCARBOROUGH Attached is your Cashier's Check No. 46759, issued by Mariners Bank, in the amount of $10,000.00. Said Cashier's Check was given to the City as security for installation of a driveway on property located at 27061 Vista Pointe, San Juan Capistrano (Tract 10103, Lot 22). 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, U-t6TA' 4lza�,,& Dawn M. Schanderl Deputy City Clerk Attachment cc: Daniel W. McFarland, Building & Safety Manager Mariners Bank This is to acknowledge that I have reced Ca. Check No. 46759 issued b Mariners Bank in the a of 00. Dated this IQ Dated day of April, 1993. 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 493-1171 4 t MEMORANDUM April 14, 1993 TO: Dawn Schanderl, Deputy City Clerk FROM: Daniel W. McFarland, Building & Safety Manager Department of Engineering and Building bw� SUBJECT: Driveway Bond Release for Douglas & Roberta Hartman This memo serves as authorization to release the referenced bond in the amount of $10,000.00 for installation of a driveway at 27061 Vista Pointe. This bond was posted in the form of a cashier's check from Mariners Bank No. 46759. All work covered by this bond has been completed to the satisfaction of the Building Division. DM/st cc: Building File MEMORANDUM TO: Cheryl Johnson, City Clerk FROM: Dawn M. Schanderl, Deputy City Clerk DATE: April 14, 1993 SUBJECT: Release of Cashiers' Check No. 46759 (Hartman/Tract 10103. Lot 22) On April 14, 1993, the City Clerk's Office received a memorandum from Daniel W. McFarland, Building and Safety Manager, to release the following Cashiers' Check as all work has been completed to the satisfaction of the City: Cashiers' Check No. 46759 from Mariners Bank in the amount of $10,000 held as security for the installation of a driveway at 27061 Vista Pointe, San Juan Capistrano and owned by Douglas and Roberta Hartman. Please release from the safety deposit box the above -referenced Cashiers' Check. Thank you for your cooperation. X111126193 4 In N Q r- CD J V O 0 001 i Ol z w 0 a � .�( * W N 0 Y1 S Er1 O t O x Ls IT, x C► I o U)IN ¢ 1; rriErl�. =� o am �I o-. U l O <^ w w6 DU 2yj Q W rW � ww W iQ UN WMI- cc a O w 0 0 4..", 1 Pay to the order of Doug Hartman without recourse. City of San Juan Capistrano BY (�j `yZIGL", - �.-&/ i *ti Cynth&a Pendleton, City Treasurer 0 4 L