1993-0602_KLEIN, GERALD_Completion Agreement0
COMPLETION AGREEMENT
MEMBERS OF THE Cm' COUNCIL
COLLEtE CAMPBELL
GARY L HAUSDORFER
GILJONES
CAROLYN NASH
JEFF VASQUEZ
CITY MANAGER
GEORGESCARSOROUGH
The undersigned GERALD J. KLEIN (Klein), owner of the real property described as
Parcels 1, 2, 3 & 4 of Parcel Map 98/29, aka 33541, 33551, 33561 and 33571 Valle Road,
San Juan Capistrano, CA, agree to the following:
Complete the temporary irrigation system on and hydroseed the above lots, all in
substantial conformance to the plan prepared by Stan Smith Associates and approved
by the City of San Juan Capistrano (City) on 4/22/93.
2. Schedule a final inspection with the City for the approval of all items or work as
shown on the approved plans.
As additional security to the City guaranteeing the completion of the above itetw(The
Items), the undersigned agrees to deposit with the City Clerk of the City, on or before
June 2, 1993, a certificate of deposit in the amount of $3,000.00. In the event the
undersigned fails to complete The Items on or before June 15, 1993 to the satisfaction of
the City's Director of Engineering do Building, the City may, without further authority
from the undersigned, draw on said funds to complete the work listed in Item 1 above. If
however The Items are completed to the satisfaction of the City's Director of
Engineering & Building on or before June 15, 1993, the Certificate of Deposit shall be
immediately released to Gerald J. Klein.
In consideration of the above, the City shall hold its call on The Faithful Performance
Bond placed with the City guaranteeing satisfactory completion of The Items after the
date stipulated in Item 2 above.
xIe�__
William M. Huber, Director
Department of Engineering do Building
in the amount of $3,000.00.
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32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 499.1171
9
November 16, 1993
Mr. Gerald J. Klein
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MEMBERS OF THE CITY COUNCIL
COLLENE CAMPBELL
GARY L. HAUSOORFER
GIL JONES
CAROLYN NASH
JEFFVASOUEZ
CITY MANAGER
GEORGESCARBOROUGH
Re: Release of Certificate of Deposit No. 1230 - Security Held Per
Completion Agreement Dated June 2, 1993
Dear Mr. Klein:
Attached is your Certificate of Deposit No. 1230, issued by Liberty
National Bank, in the amount of $3,000.00. Said Certificate of
Deposit was given to the City as security for the completion of
improvements to Parcels 1, 2, 3, & 4 of Parcel Map 98/29. Work has
been completed to the satisfaction of the City of San Juan
Capistrano and the Certificate of Deposit is hereby released
effective November 10, 1993.
If you have any questions, please do not hesitate to call.
Very truly yours,
i1!�1 • �l�?G�i2Q'�ii�
Dawn M. Schanderl
Deputy City Clerk
Attachment
cc: Daniel W. McFarland, Building & Safety Manager
Liberty National Bank
This is to acknowledge that I have received t Certificate of
Deposit No. 1230 issued by Liberty National in the amount of
$3,000.00.
J.
Dated this /�- day of November, 1993.
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171
MEMORANDUM
9 0
November 10, 1993
TO: Cheryl Johnson, City Clerk
FROM: William M. Huber, Director of Engineering and Building
SUBJECT: Release of Certificate of Deposit - Klein Project (PM 98-29)
Please release the $3,000 certificate of deposit being held by your office in conjunction
with the Completion Agreement for the subject project. The developer, Gerald J. Klein
has completed all the work required by the attached agreement to the City's satisfaction.
Should you have any questions, please contact me.
WMH:cl
Attachment
cc: Dan McFarland
Lee Hitchcock
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UPON MATURITY AND PRESENTATION AND SURRENDER OF THIS CERTIFICATE. PROPERLY
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HIS DEPOSIT DEARS INTEREST
AT THE RATE OF 2. 399 % PER ANNUM IF LEFT UPON DEPOSIT UNTIL MATURITY INTEREST PAYABLE TO
POS OR SUBJECT TO THE BANK'S
RIGHT TO CHANGE THE INTEREST RATE UPON WRITTEN NOTICE TO DEPOSITOR
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THE MATURITY OF THIS CERTIFICATE IS 15 days FROM DATE AND IT
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UTOMAT ALLY N ED F R IMILAR PERIODS UNLESS WITHIN
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COMPLETION AGREEMENT
MEMBERS OF THE an COUNCIL
COUENE CAMPBELL
GARY L MAUSDORFER
GH. JONES
CAROLYN NASA
JEFF VASQUEZ
CT' MANAGER
GEORGE SCARBOROUGH
The undersigned GERALD J. KLEIN (Klein), owner of the real property described as
Parcels 1, 2, 3 & 4 of Parcel Map 98/29, aka 33541, 33551, 33561 and 33571 Valle Road,
San Juan Capistrano, CA, agree to the following:
1. Complete the temporary irrigation system on and hydroseed the above lots, all in
substantial conformance to the plan prepared by Stan Smith Associates and approved
by the City of San Juan Capistrano (City) on 4/22/93.
2. Schedule a final inspection with the City for the approval of all items or work as
shown on the approved plans.
As additional security to the City guaranteeing the completion of the above items (The
Items), the undersigned agrees to deposit with the City Clerk of the City, on or before
June 2, 1993, a certificate of deposit in the amount of $3,000.00. In the event the
undersigned fails to complete The Items on or before June 15, 1993 to the satisfaction of
the City's Director of Engineering & Building, the City may, without further authority
from the undersigned, draw on said funds to complete the work listed in Item 1 above. If
however The Items are completed to the satisfaction of the City's Director of
Engineering & Building on or before June 15, 1993, the Certificate of Deposit shall be
immediately released to Gerald J. Klein.
In consideration of the above, the City shall hold its call on The Faithful Performance
Bond placed with the City guaranteeing satisfactory completion of The Items after the
date stipulated in Item 2 above.
William M. Huber, Director
Department of Engineering & Building
in the amount of $3,000.00.
2
Date
Date'
6
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32400 PASEO ADELANTO. SAN JUAN CAPISTRANO. CALIFORNIA 92673 0 (714) 493-1171
9
—11'1=im 1"1L_ Mari
June 2, 1993
Mr. Bill Huber
Director of Building and Engineering
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, Ca. 92675
Re: McCracken Hill Lots:
Dear Mr. Huber:
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Transmitted to you herewith is the Completion Agreement for
our McCracken Hill lots. As I advised you in your office
when we reached substantial agreement on the contents of this
document, I was very concerned about getting a water meter
set by the water company. They've now advised me that they
have been unable to determine that connection fees and/or
capital improvement charges have been paid for these lots
even though it is and has been their policy to collect those
fees at the time of subdivision. When I bought the lots, it
was with the clear understanding that those fees had been
paid and I believe they were. I've asked the water company
to set a temporary meter and I'll pay whatever fees are
involved with that. I will not pay them an additional twelve
or fifteen thousand dollars, simply because and due to the
passage of time, they can't determine that the fees were
paid. I submit that their policy was to collect at time of
subdivision, they did so and now simply can't locate the
records.
I am pursuing this issue with the water company and will
exert every attempt to resolve it, however if I can't get
some water connection in a timely manner, I must consider
that outside of my control and therefore not a default under
the terms of our agreement. If you disagree, do not accept
the agreement or certificate of deposit, return it to me and
we will have to pursue a different course.
Sincerest personal regards,
33161 CAMINO CAPISTRANO SUITEA SAN JUAN CAPISTRANO. CALIFORNIA 92675 (714)2461382
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• Pay to the ter of Gerald J. Klein
without recoruse.
City of San Juan Capistrano •�
BY
C thisPendletoneasurer
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TO: Cheryl Johnson, City Clerk
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FROM: Dawn M. Schanderl, Deputy City Clerk a9-�"
DATE: October 14, 1993
SUBJECT: Sureties to the Safety Deposit Box
Attached is a $3,000 Certificate of Deposit No. 1230 from Liberty
National Bank provided by Gerald Klein as a requirement per the
Completion Agreement he signed with the City regarding irrigation
and hydroseeding of his property.
Please put the attached in the safety deposit box.
cc: Daniel McFarland, Manager Building & Safety Division