1975-0507_CAL FED ENTERPRISES_Agreementa 0
A G R E E M E N T
THIS AGREEMENT, made and entered into this 7th day of May ,
1975, by and between -CAL FED ENTERPRISES, hereinafter designated as
"SUBDIVIDER" and the CITY OF SAN JUAN CAPISTRANO, hereinafter designated as
"CITY":
W I T N E S S E T H:
WHEREAS, the SUBDIVIDER has prepared and offered for acceptance by
the CITY a final map of Tract Nos. 7541, 7542, 7672 & 7760, in the City of San
Juan Capistrano, County of Orange, and
WHEREAS, the SUBDIVIDER by said map offers for dedication to the CITY
for public use the streets and easements as shown on said map, and
WHEREAS, the aforesaid Final Tract Map is in order and ready for
acceptance by CITY.
NOW, THEREFORE, in consideration of the acceptance of the streets and
easements shown on the Final Map of Tract Nos. 7541, 7542, 7672 & 7760, City of
San Juan Capistrano by the CITY, the parties hereto agree as follows:
1. SUBDIVIDER shall set monuments and construct and install all of
the street improvements, street lighting system, underground construction of
electric power and telephone facilities, and drains for Tract Nos. 7541, 7542,
7672 & 7760. The Plans for said Street Improvements are now on file with the
City Clerk of the City of San Juan Capistrano and are by this reference made a
part hereof.
2. The SUBDIVIDER shall furnish to the City good and sufficient per-
formance and labor and material bonds executed by a corporation authorized to
transact surety business in the State of California in the sum of $295,000 and
approved by the CITY or in lieu of said bonds to deposit with the CITY a sum of
$295,000 to assure the faithful performance of this Agreement.
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3. That the work herein required to be done by the SUBDIVIDER shall
on the written request of the SUBDIVIDER made to the CITY Engineer be inspected
by him and if found to be in order, accepted as it progresses. In such case the
SUBDIVIDER shall be entitled to a partial refund of money deposited to secure
faithful performance, in a sum in the same ratio to the total money deposited as
the work accepted bears to the total work to be done, provided that the CITY'S
Engineer has first certified to the CITY Council that amount of work completed
and to be accepted and the amount of partial refund to which the SUBDIVIDER is
entitled and the CITY Council approve such refund and further provided that no
refund in excess of eighty-five percent (85%) of the total amount of the original
deposit shall be made until all of the work is completed and accepted.
4. The SUBDIVIDER agrees to commence the construction and installation
of said improvements within 180 days from the approval of said map by the CITY
and shall complete said work within 365 days from the date of said approval.
This Agreement is entered into pursuant to the provisions of Div. 4,
Pt. 2, Ch. 2, Art. 9 of the Business and Professions Code of the State of
California. IN WITNESS WHEREOF,
has executed these presents as the SUBDIVIDER, and the CITY OF SAN JUAN CAPISTRANO
has caused these presents to be executed by the Mayor of the City Council and
attested by the City Clerk and ex -officio Clerk of the City Council, as the CITY,
the day and year in this instrument first above written.
ATTEST:
�0 ynL'j ��yJ Tice President
Name Title
7:�e 'A.,7^t8nf gecrelary
Name Title
CITY OF SAN JUAN CAPISTRANO
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City C c