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1990-0111_KAKUK , STEVE / HELEN_Agreement T AO ENT NITN CITY RE HOMEBUYER INSIALLRTION O YENAY >� This Agreement with City re Homebuyer Installation of Driveway (the "Agreement") is entered into this / /9?0 day of �-I1- 1989 between the City of San Juan Capistrano (the "City") and 8 r, //L—&F K�4/KUl� _(the "Homebuyer") with reference to the following facts: A. FN Projects, Inc. (the "Developer") is currently building a community of single family hones commonly known as "The Acreage Above Capistrano" in the City of San Juan Capistrano. B. The Homebuyer has entered into an agreement to purchage a home in The Acreage Above Capistrano located at 13/ a'fl�1/tiT�a ST< <� Z2Z27S j�e /� ) (the "xome"). 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 Homebuyer's execution and delivery of this Agreement, the sun of E M7/.06 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 Home 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 Home as required hereby within four months of the date of the Certificate of Occupancy, the City, following 10 days notice to the Homeowner, shalt 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 shalt be of the same quality and materials as the standard driveway proposed to be installed or as the City deems reasonable. 5. Release of Furls 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 tetter 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. inspection. The City, 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: 44Z dAIE 64,Joz& Escrow: Saddtoback Escrow Company 5010 Campus Drive Newport Beach, CA 92660 IN WITNESS WHEREOF, the parties agree that the foregoing shall be binding upon them. "HOMEBUYER": / ^ CITY OF SAN JUA! PISTRANO CITY OF S�M1NoJUAN CAPISTRANO John R. Shaw, City Attorney Elaine R. Martinez, Building Official SJ3DRIVE MEMORANDUM TO: Ken Hammon, Interim Finance Director FROM: Mary Ann Hanover, City Clerk DATE: January 16, 1990 SUBJECT: Cashier's Check - Kakuk (The Arcreage Lot 18) On January 11, 1990, the City Clerk's Department received from Elaine Martinez, Building & Safety Manage; the following cashier's check: No. 0009286017 from Bank of America in the amount of $5,031.00 as surety for homebuyer installation of driveway at property located at 26931 Vista Pointe, Tract 10103, Lot 18. Please put cashier's check No. 0009286017 in the safety deposit box. Thank you for your cooperation. ,% 2 l.l� cc: Elaine NWrtinez, Building & Safety Manager Stephen Chamberlain, Permit Services Supervisor 0 MEMORANDUM January 11, 1990 TO: Mary Ann Hanover, City Clerk FROM: Elaine Martinez, Building & Safety Manager(^ Community Planning & Development SUBJECT: Cash Bond The Acreage Lot 18 Attached, please find a Cash Bond and Original Agreement With City Re Homebuyer Installation of Driveway for: Owner: Steve & Helen Kakuk 9225 Dinsoales Downey, CA 90240 Address of Project Site: 26931 Vista Pointe San Juan Capistrano Tract: L0103 Lot: 18 Amount of Bond $5,031.00 Cashier's Check Check No.0009286017 Bank of America Issued 729 Jan. 11, 1990 (Void After Six Months) 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 111-IAC Attachment cc: John Shaw Stephen Chamberlain Marilyn Groff Mr. & Mrs. Steve Kakuk MEMORANDUM TO: Ken Hammon, Interim Finance Director FROM: Mary Ann Hanover, City Clerk DATE: January 16, 1990 SUBJECT: Cashier's Check - Kakuk (The Arcreage Lot 18) On January 11, 1990, the City Clerk's Department received from Elaine Martinez, Building & Safety Manager, the following cashier's check: No. 0009286017 from Bank of America in the amount of $5,031.00 as surety for homebuyer installation of driveway at property located at 26931 Vista Pointe, Tract 10103, Lot 18. Please put cashier's check No. 0009286017 in the safety deposit box. Thank you for your cooperation. cc: Elaine &Wrtinez, Building & Safety Manager Stephen Chamberlain, Permit Services Supervisor MEMORANDUM January 11, 1990 TO: Mary Ann Hanover, City Clerk FROM: Elaine Martinez, Building do Safety Managerc-,-- Community Planning & Development SUBJECT: Cash Bond The Acreage Lot 18 Attached, please find a Cash Bond and Original Agreement With City Re Homebuyer Installation of Driveway for: Owner: Steve do Helen Kakuk 9225 Dinsoales Downey, CA 90240 Address of Project Site: 26931 Vista Pointe San Juan Capistrano Tract: 10103 Lot: 18 Amount of Bond $5,031.00 Cashier's Check Check No.0009286017 Bank of America Issued 729 Jan. 11, 1990 (Void After Six Months) 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 111-IAC Attachment cc: John Shaw Stephen Chamberlain Marilyn Groff Mr. & Mrs. Steve Kakuk INFINITE IMAGING SYSTEMS 23011 Moulton Parkway, Suite#E-8 Laguna Hills, California 92653 (714) 472-2777 r �VAN* � MEMBERS OF THE CITY COUNCIL KENNETH E.FRIESS JERRY ,mmrrprrno GARY L..HAUS HAUSDORFER 1776 1961 GILJONES JEFFVASOUEZ CITY MANAGER � GEORGE SCAPBOPOUGH December 8, 1992 Mr. & Mrs. Steve Kakuk 26931 Vista Pointe San Juan Capistrano, CA 02675 Re: Release of Certificate of Deposit - Security for Driveway Installation at Property Located at 26931 Vista Pointe, San Juan Capistrano Dear Mr. & Mrs. Kakuk: Attached is your Certificate of Deposit No. 02229-01361 issued by Bank of America, in the amount of $5,031.00. Said Certificate of Deposit was given to the City as security for driveway installation on property located at 26931 Vista Pointe, San Juan Capistrano (Tract 10103, Lot 18). Work has been completed to the satisfaction of the City of San Juan Capistrano and the Certificate of Deposit 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 Bank of America This is to acknowledge that I have received the Certificate of Deposit No. 02229-01361 issued by Bank of America in the amount of $5,031.00. 41 j a Steve or Helen Kakuk Dated this ith day of December, 1992. - I/ 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 • 17141 493-1171 MEMORANDUM December 1, 1992 TO: Dawn Schanderl, Records Coordinator City Clerk's Office FROM: Daniel W. McFarland, Building & Safety Manager Department of Engineering and Building SUBJECT: Bond Release - The Acreage Lot 18 - Kakuk This memo serves as authorization to release the bond posted by the referenced homeowner re completion of installation of their driveway. Owner: Steve and Helen Kakuk Project Addr: 26931 Vista Pointe Tract/Lot: 10103/18 Bond Amount: $5,031.00 Surety: Certificate of Deposit #02229-01361 Bank of America Thank you for your cooperation. DM/st cc: Building File VJ Bank of America Multiple Maturity Certificate of Deposit BRANCH DOWNEY MAIN QFFICE OFFICENo. 222 DATE _JULY Y 11 1990 PURCHASEDBY STEVE OR HELEN KAKUK RATE S_On YIELD' 5.13 $AMOUNT $5 031 _nn PAYABLE TO CITY OF SAN JUAN CAPISTRANO TERM 12 navc ACCOUNT 8 _ n2999 — 011151 AUTHO ZED Sill URE On each maturity date t i, i ate will be reinvested automatically for the same rate and term unless presented for redemption during a grace period. A grace Pero ten calendar days and starts on each maturity date. Interest is compounded daily. Interest is paid at maturity to the purchaser by crediting the purchaser's checking or savings account with us or by cashiers check. IMPORTANT INFORMATION The purchaser may not withdraw funds from the account referred to in this certificate unless the certificate is presented to us with the endorse- ment of the person to whom the certificate is payable. (SEE IMPORTANT INFORMATION ON REVERSE) 1 R 143 1 9 NOT NEGOTIABLE Bank nt AmP—e NT8S4-Ve,,40•C • Joe* • f MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND LAWRENCE F. BUCHHEIM ��V U� IAIOAIAR119 KENNETH E. FRIERS 1� (IT.. 1961 GARY L. HA USDORFER ptMto v 1776 PHILLIP R. SCHWARTZE ��• CITY MANAGER . STEPHEN B JULIAN July 16, 1990 Mr. & Mrs. Steve Kakuk 9225 Dinsoales Downey, California 90240 Re: Exchange of Surety - Cashier's Check No. 0009286017 (Tract 10103, Lot 18) Dear Mr. & Mrs. Kakuk: Attached is Cashier's Check No. 0009286017, surety for driveway installation at property located at 26931 Vista Pointe, Tract 10103, Lot 18. Said cashier's check has expired and has been replaced by Certificate of Deposit No 222 (account # 02229-01361) from the Bank of America for the same amount of $5,031.00 this 16th day of July 1990. If you have any questions, please call. Very truly yours, Dawn M. Schanderl Records Coordinator Attachment cc: Building & Safety Official This is to acknowledge that I have received Cashier's Check No 0009286017 from Bank of America in the amount of $5,031.00. I, - �� -J�la Steve and orSteve and or Helen 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 zN��Y: ( k >a�la;�.' 0, PtT r,7;"<;,,ckfi3li�6 !fit. 1 t g .'r l t p 1 1 :{!t')P )���.4W \ w, ti ' I' by Nk HIBank of America Multiple Maturity Certificate of Deposit BRANCH DOWNEY MAIN OFFICE No. 222 DATE ,1111Y 11 , 1990 PURCHASED BY STEVE OR HELEN KAKUK RATE 5.00 YIELD- 5.13 $AMOUNT $s,ni _nn PAYABLE TO CITY OF SAN JUAN CAPISTRANO TERM 12 Days ACCOUNT# 02229 — 02161 wn\D ED 81 aE On each maturity date t if to will be reinvested automatically for the same rate and term unless presented for redemption during a grace period. A grace per' ten calendar days and starts on each maturity date. Interest is compounded daily. Interest is pail at maturity to the purchaser by crediting,the purchaser's checking or savings account with us or by cashier s check. IMPORTANT INFORMATION The purchaser may not withdraw funds from the account referred to in this certificate unless the certificate is presented to us with the endorse- ment of the person to whom the certificate is payable. (SEE IMPORTANT INFORMATION ON REVERSE) NOT NEGOTIABLE Bank W America N1 M•Me."r FDIC MULTIPLE MATURITY CERTIFICATE OF DEPOSIT IMPORTANT NOTICE You have agreed to keep your funds on deposit until your certificate of deposit matures. At our discretion, we may allow you to withdraw all or part of your funds at times other than a grace period (an early with- drawal). However, each time you make an early withdrawal we will impose a substantial early withdrawal penalty ppn the amount withdrawn.The penalty Applies to each early withdrawal during be initial maturity period and during Bach renewed maturity period. ai H y F If the maturity period is less than ° three months you forfeit all interest ' the funds would have earned over a the full maturity period, regardless o 0 of when you make the .withdrawal If the maturity period is three months s g or more, you forfeit x a three months of interest if the .x m amount withdrawn has been Cd *4 on deposit for three months Q or less, � u all the interest earned if the x > amount withdrawn has been r~ • on deposit for more than three • °G months 0<d ?F CU W The penalty may exceed nxen.sai�;arned wroand require a reductif in the funds f ov withdrawn or funds it. oaming on deposit. 0.4q The penalty is calculated on a simple interest basis, at the rate being paid on o the deposit. C N to uw Please refer to the publication you 00 receive for the other terms and condi- tions applicable to this time deposit. *H G.0 i z ALa&- IL A . .. yA 0009286017 HIBank of America NTaSA CASHIER'S CHECK ,,.3.Jr 1210 pay roThe ane,or * CitJ of San Juan Capistrano VOID AFTER SIX MONTHS �(Awrira5 03 Gate T r, Helen Kakuk A&uto„ kdame. N73SV4 5,031.00* Purchaser Name I Sgnature T.Bank d Am "NTBSA.Sen ft.p gCekbm, rAo signaNres required br amouna rner$500 000 Jim 0009 2860 1 7u• 1: & 21000358e: 1 39 7 3-840 1 3u• MEMORANDUM TO: David P. Bentz, Director Administrative Services ��� FROM: Dawn M. Schanderl, Records Coordinator DATE: July 9, 1990 SUBJECT: Cashier's Check 0009286017 (Kakuk) Mr. Kakuk submitted cashier's check no. 0009286017 in the amount of $5,031.00 as surety for homebuyer installatpn of driveway at property located at 26931 Vista Pointe, Tract 10103, Lot 18. The cashier's check is void after 6 months and is due to expire on July 11th. Mr. Kakuk will submit another to take its place. Please remove the cashier's check from the saftey deposit box. Thank you. cc: Shirley Thoeni, Building & Safety MEMORANDUM TO: David P. Bentz, Director of Administrative Services FROM: Dawn M. Schanderl, Records Coordinator �� DATE: July 17, 1990 SUBJECT: Certificate of Deposit - Kakuk (Tract 10103, Lot 18) On July 16, 1990, Mrs. Kakuk brought in Certificate of Deposit Account # 02229-01361 from Bank of America in the amount of $5,031.00 in exchange for Cashier's Check No. 0009286017 for the same amount. This surety is being held for driveway installation at property located at 26931 Vista Pointe, Tract 10103, Lot 18. Please put Certificate of Deposit #02229-01361 in the safety deposit box. Thank you for your cooperation. cc: Building & Safety Manager MEMORANDUM TO: Cynthia Pendleton, Interim Director of Administrative Services FROM: Dawn M. Schanderl, Deputy City Clerk W�� DATE: December 2, 1992 SUBJECT: Release of Certificate of Deposit No. 02229-01361 (Kakuk) On December 1, 1992, the City Clerk's office received from Daniel McFarland a memorandum to release Certificate of Deposit No. 02229-01361 in the amount of $5,031.00. Said surety was being held by the City for the driveway installation at property located at 26931 Vista Pointe, Tract 10103, Lot 18. Please release the Certificate of Deposit and return to me. Thank you for your cooperation. cc: Cheryl Johnson, City Clerk Daniel McFarland, Building and Safety Manager