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1989-0221_CAPISTRANO VALLEY CHURCH_Agreement0 89=101367 RECORDING REQUESTED BY, AND WHEN RECORDED, RETURN TO City Clerk's Department EXEMPT City of San Juan Capistrano Cio 32400 Paseo Adelanto San Juan Capistrano, CA 92675 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA :0F E B 2 7 1989 A, PM RE Q• C/&ta*Vt RECORDER P Recording fees exempt due to Government Code Sec. 6103 Documentary Transfer Tax - No Consideration ann anover, City Clerk City of n Juan Capistrano THIS AGREEMENT is made as of this 21st day of February 1 1989, by and between the City of San Juan Capistrano, hereinafter called "CITY", and CAPISTRANO VALLEY CHURCH, a California corporation, hereinafter called "SUBDIVIDER". WITNESSETH: WHEREAS, SUBDIVIDER is the owner of certain property in the City of San Juan Capistrano described as: Assessor Parcel No. 650-181-03; and WHEREAS, SUBDIVIDER desires to divide the property into three (3) parcels by way of Parcel Map 88-260; and WHEREAS, pursuant to the CITY'S Land Use Management Code, SUBDIVIDER is required to dedicate rights of ways for public streets and other public improvements consisting of asphalt paving, curb and gutter, sidewalk, driveway approaches and street lights and undergrounding of utilities on and along that portion of Ortega Highway fronting SUBDIVIDER'S property; and WHEREAS, SUBDIVIDER and CITY agree that the construction of the afore- said public improvements should be deferred until such time as an appropriate improve- ment district can be formed, or if an improvement district is not formed, at such time that CITY notifies SUBDIVIDER to construct the improvements described herein; and WHEREAS, it has been determined that the SUBDIVIDER is responsible for .34% of the improvements to the roadway of Ortega Highway and the traffic signal at Ortega Highway and Avenida Siega, the total estimated cost of said improvements is $168,150. Therefore, the SUBDIVIDER'S share of said improvements is $600. SUBDIVIDER is also responsible for 100% of the improvements from the curb line to the right-of-way line (20'), the estimated cost of said improvement is $46,700, resulting in a total estimated improvement cost of $47,300. This amount will increase 7% annually to cover cost of inflation. The improvement cost will be equally shared by the three parcels created by Parcel Map 88-260. NOW, THEREFORE, in consideration of the foregoing premises and the promises hereinafter set forth, CITY and SUBDIVIDER agree as follows: SUBDIVIDER shall participate and join in an improvement district which shall include the installation of public improvements on and along Ortega Highway fronting on the property hereinabove described. 89=10136? 2. In the event CITY does not institute an improvement district under Paragraph 1 above, SUBDIVIDER shall be responsible for constructing the improvements described in this Agreement within 120 days of receiving written notice from the CITY to proceed with said construction improvements. 3. This Agreement shall be binding on all of SUBDIVIDER'S assignees, heirs, devisees, and successors in interest, and shall accordingly run with the land as to any of the parcels created under Parcel Map 88-260. 4. This Agreement will be in force for 15 years from Council approval (February 21, 2004). 5. Time is of the essence of this Agreement. 6. In the event that suit or arbitration is brought to enforce the terms of this Agreement, the prevailing party shall be entitled to litigation costs and reasonable attorney's fees. 7. This Agreement constituted the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. ATTEST: Mary An anover, City Clerk APPROVED AS TO FORM: CA04,0 John R. Shaw, C ty Xttorney CITY OF SAN JUAN CAPISTRANO zx_"�Y GA L. HAUSDORFER, AYOR CAPISTRANO VALLEY CHURCH By Ted Mooschelkian, Member of the Board of Trustees OFFICIAL SEAL Elsie L. White NOTARY PUBLIC -CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY Commission Expires July 15, 1991 CORPORATE ACKNOWLEDGMENT $9-:101367 State of California SS. County of Orange 111111 OFFICIAJ_ SEAL MARY AtVf l HAtVOVER m NOTARY PUBLIC —CALIFORNIA ORANGE COUNTY My comm. expires JUN 26� CORPORATE ACKNOWLEDGMENT NO, 202 On this the 21stday of February 1989, before me, Mary Ann Hanover the undersigned Notary Public, personally appeared Gary L. Hausdorfer PJ personally known tome ❑ proved tome on the basis of satisfactory evidence to be the person(A) who executed the within instrumeicipal Mayor or on behalf of the%orporatlon therein named, and acknowledged to me that the corporation executed it WITNESS my hand and official seal State of California On this the 22nd day of SS. County of Orange Cheryl A. O iCJAL SEAL fCHEIRIYL A JOHNSON PUI - CALVORNIA IMMGE lbtAlttm. expires NOV 11, 1989 February the undersigned Notary Public, personally appeared Mary Ann Hanover NO. 202 1989, before me, Kl personally known tome ❑ proved to me on the basis of satisfactory evidence to be the person I who executed the within instrumeA sicipal City Clerk or on behalf of thdcorporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. I{ STATE OF CALIFORNIA �ss. COUNTY OF nranga ii On this 10th day of February , in the year 19 89 before me, the undersignggMoosch,a Notary Public in and for said State, personally appeared Ted eKian OF:L.White , personally known to me Elsi(or proved to me on the basis of satisfactory evidence) to be the person who executed the NOTARY FORNIA within instrument on behalf of the Corporation therein named, and acknowledged to me that PRINCIN the Corporation executed it. ORAY My Commissioly 15, 1991 EQ.= .... 0, WITNESS my hand and official seal. ACKNOWLEDGMENT—Corporacion—Wolcons Form 222CA-%—Nev 5-82 Notary Public in and for said State. ©1982 WOLCOTTS. INC.