1972-0331_BARWICK DATSUN AGENCY_Agreement A G R E E M E N T
This Agreement is made this 31st day of March , 1972
by and between the City of San Juan Capistrano , hereinafter called
" City" , and Barwick Datsun Agency , hereinafter called "Developer" .
WITNESSETH :
WHEREAS , Developer desires to construct a commercial establish-
ment at 33379 Camino Capistrano , in the City of San Juan Capistrano ;
and
WHEREAS , the Zoning Ordinance of the City of San Juan Capistrano
requires the aforesaid Developer to do and perform the following
as a condition of said development :
1 . Dedicate for street and highway purposes a total width of
ninety-seven (97 ) feet for Camino Capistrano .
2 . Install complete street improvements for a curb to curb
width of eighty-four (84 ) feet, including the following :
(a) Street paving ;
(b) Curbs and gutters ;
(c ) Sidewalks ;
(d) Ornamental street lights ;
(e) Drainage facilities ;
( f) Sanitary sewer facilities ;
( g ) Water facilities .
3 . Underground existing overhead utilities pursuant to the
City ' s ordinance .
WHEREAS , the Developer desires to postpone a portion of the
aforesaid requirements for a period of five ( 5 ) years .
NOW THEREFORE , for and in consideration of the mutual promises
hereinafter contained , the parties hereto agree as follows :
- 1 -
1 . Developer shall , forthwith , dedicate a right of way, ninety-
seven (97 ) feet in width , along its frontage on Camino Capistrano ;
the instrument of dedication shall be subject to the approval of the
City Engineer and City Attorney.
2 . Developer shall construct one-half ( 1 /2 ) of the aforesaid
street to a total width of forty-two (42) feet utilizing the existing
twenty-four (24) feet of pavement.
3 . Developer shall not be required to underground the existing
overhead power line located on the " Freeway side" of Camino Capistrano .
4 . Developer shall construct and install the remaining public
improvements hereinabove set forth and as shown as future improvements
west of the centerline on the attached Exhibit "A" by March 31 ,
1977 , and shall post a faithful performance bond thereon in an
amount of Fourteen Thousand Dollars
( $ 14 ,000 . 00 ) as the estimated cost of said public improvements .
IN WITNESS WHEREOF the parties hereto have executed this Agreement
on the date first above written .
CITY OF SAN JUAN CAPISTRANO
By : •
or
BARWICK DATSUN AGENCY
By: ZZ,
2 -