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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. W-21 6 Dat 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 499.1171 9 November 16, 1993 Mr. Gerald J. Klein ,,CL�� iunreum • ISTRrmlm 1961 1776 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 z G C o rn r Jb- n =m r < .O t.� • �l+�:r4k Y •^�'STI!�rIT�N.r.i.w�iN"w•-rrY_?+1'•a�YY�PW-'�� r'�} Ti. ' 1 J f i C T N4 1230 _ ^ Liber& National Bank ;s June 2, -J THIS CERTIFIES THAT Huntington Beach, California _19_23 I nW *****r Prat[1 1 Klpi I**** MAS QLLK - ��yy y`�[/'��•,'MMHAVE i **3.000.00 DEPOSITED IN THIS BANK •��-- ***Cityof LLARS S U PRINCIPAL PAN AB'_E TO San Juan Capistrano**** j UPON MATURITY AND PRESENTATION AND SURRENDER OF THIS CERTIFICATE. PROPERLY ENDORSED AT THE OFFICE OF I 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 W r THE MATURITY OF THIS CERTIFICATE IS 15 days FROM DATE AND IT r UTOMAT ALLY N ED F R IMILAR PERIODS UNLESS WITHIN 6 u (101 TEN DAYS AFTER A MATURITY DATE THE OWNER PRESENTS IT FOP REDEMPTI TIME CERTIFICATE OF DEPOSIT NOT SUBJECT TO CHECK AUTHORIZE IGNATUR E C � ! \ }) 0 0 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 Dat 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: 0 6i�OLJr= 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 , ; 00 • Pay to the ter of Gerald J. Klein without recoruse. City of San Juan Capistrano •� BY C thisPendletoneasurer i a z 71, T Z// / '-/-3 dz/") n C q r¢ o w~wM1 F-3 N CC � U w IL 0 wo W p Q w ¢ M Q 2 W 0 V tl Ualp> O H LL y ."..L �<¢b W fi * w ¢¢z �'ag^. 0� W O * f y . < ooo= �.ag� Q¢ oC o p H W f - �4 m ON Q U W y i m < O LL IL LL tj U * z w < aY Q o: o U p 0 is a ? w < z W = U) it a ? �soa�Q . olSavD JUHao Z// / '-/-3 dz/") • TO: Cheryl Johnson, City Clerk • 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