1971-1130_BROWN, WILLIAM A._AgreementAGREEMENT WAIVING TIME FOR CONSTRUCTION
OF IMPROVEMENTS BY A. WILLIAM BROWN
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This Agreement is made this 30th day of November, 1971, by
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and between the City of San Juan Capistrano, hereinafter called
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"CITY" and A. WILLIAM BROWN, hereinafter called "DEVELOPER'".
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WITNESSETH:
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WHEREAS, the City has heretofore imposed the following con-
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dition incident to the approval of LUP 70-102, to permit the
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construction of a 12,000 square foot retail commercial structure
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in the C -1H "Local Business Mission" District:
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That the property owner shall improve Camino Capistrano
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to a width of 52 feet from centerline to City standards.
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Improvement to include curbs, gutters, sidewalks, pavement
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extension including required base section, necessary drain -
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age facilities, underground utilities and ornamental street
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lights. Recommendation is made to City Council that this
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condition be waived until such time as an appropriate
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district is formed."
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WHEREAS, Developer has requested the City Council to waive
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the aforesaid requirements until such time as (a) the aforesaid
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improvements are included in an appropriate assessment district;
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(b) the adjoining properties are developed and improved; or (3)
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a capital improvement project by the City is scheduled, whichever
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comes first; and
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WHEREAS, City has granted such waiver provided that Developer
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presents a surety bond or a letter of credit sufficient in form and
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amount to guarantee the construction of said improvements.
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WHEREAS, The City Engineer estimates the cost of the aforesaid
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improvements to be the sum of $5,500.00, and
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NOW THEREFORE, the parties hereto agree as follows:
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1. City grants to Developer an extension of time, until such
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time as one of the following events shall first occur:
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(a) The aforesaid improvements are included in an appropriate
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assessment district;
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(b) The adjoining properties are developed and improved;
(c) A capital improvement project by the City is scheduled,
2. Developer shall construct the said improvements forthwith
upon the happening of said event.
3. This Agreement shall run with the land and shall be
binding upon the successors and assigns of the parties hereto.
IN WITNESS WHEREOF, this Agreement was executed on the date
first above written.
CITY OF SAN JUAN CAPISTRANO
A. WILLIAM BROWN, DEVELOPER
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