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1971-1130_BROWN, WILLIAM A._AgreementAGREEMENT WAIVING TIME FOR CONSTRUCTION OF IMPROVEMENTS BY A. WILLIAM BROWN 1 This Agreement is made this 30th day of November, 1971, by til and between the City of San Juan Capistrano, hereinafter called 3 "CITY" and A. WILLIAM BROWN, hereinafter called "DEVELOPER'". 411 WITNESSETH: i 5li WHEREAS, the City has heretofore imposed the following con- i dition incident to the approval of LUP 70-102, to permit the 7 construction of a 12,000 square foot retail commercial structure 8 in the C -1H "Local Business Mission" District: 911 That the property owner shall improve Camino Capistrano 10i to a width of 52 feet from centerline to City standards. 11; Improvement to include curbs, gutters, sidewalks, pavement 121 extension including required base section, necessary drain - 13l age facilities, underground utilities and ornamental street 14 lights. Recommendation is made to City Council that this 15 condition be waived until such time as an appropriate 16 district is formed." 171 WHEREAS, Developer has requested the City Council to waive 18 the aforesaid requirements until such time as (a) the aforesaid 19 improvements are included in an appropriate assessment district; 20 (b) the adjoining properties are developed and improved; or (3) 21 a capital improvement project by the City is scheduled, whichever 22 comes first; and 23 WHEREAS, City has granted such waiver provided that Developer 24 presents a surety bond or a letter of credit sufficient in form and 25 amount to guarantee the construction of said improvements. 261 WHEREAS, The City Engineer estimates the cost of the aforesaid 27 improvements to be the sum of $5,500.00, and 28i NOW THEREFORE, the parties hereto agree as follows: i 29 1. City grants to Developer an extension of time, until such 30 time as one of the following events shall first occur: 31 (a) The aforesaid improvements are included in an appropriate 321 assessment district; 1', I 2 3I 4 5 6'i 7 8 9' 10' 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 0 • (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 -2-