1974-0822_CAL FED ENTERPRISES_AgreementT.
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A.GREEriEIJT 71"
THIS AGiiEM-iENTT, made and entered into this ": day of 10( 'G U
by and between Cal Fed Enterprises
2
}hereinafter designated as "SUBDIVIDER" and the CITY OF SAM JUAN CAPISMM, a body
politic of the State of California, 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 No. 8129 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 SUBDIVIDER desires the CITY to accept the streets and. easements
shown on said map for public use,
NOW, THEREFORE, IT IS AGREED by and between the Parties hereto as follozrs:
In consideration of the acceptance of the street3 and easements snn.mon-the
final map of Tract No. 8129 , City of San Juan Capistrano by the CITY, the SUB-
DIVIDER does hereby agree:
1. That the SUBDIVIDER will at the sole cost and expense of the SUBDIVIDER
construct and install all of the street improvements of Tract No. 8129 " now on
file in the office of the City Clerk cf the City.of San Juan Capistrano; said
"Plans for Street Improvements of Tract No. 8129 " are hereby referred to and
made a part of this Agreement as though fully set forth herein.
2. To secure the faithful performance of this Agreement, the SUBDIVIDER
agrees to furnish to the CITY a good and sufficient bond executed by a corporation
authorized to transact surety business in the State of California in the sum of
$16,000 for subdivision improvements faithful performance.
$16,000 for subdivision improvements labor and materials.
$1,480 for subdivision monuments.
said bond to be approved ty the CITY or in lieu of said bond to deposit with tha
CITY a Sum of
0
to assure the faithful 'porformance of tris A.-rcor.ent.
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3. It is mutually agreed that the work heroin required to be done by the Su3_
DIVIDER shall on tho Smitten rcquost'of the SUBDIVIDER trade 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 dopositcd
to secure faithful performance, in a sum in the same ratio to the total money
deposit, -,d 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 the amount of work
eoimleted and to be accepted and the amount of partial refund to which the SUB-
DIVIDER is entitled and the City Council approve such refund and further provided
that no refund in excess of Eighty-five pyrcent (85,x) 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 nap 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 Cods of the State of California.
IN 1•JITPiESS WHEREOF, pgvajgpaep. . `r r
Cal Fed Enterprises Ci^
has executed these presents as the SUBDIVIDER, and the CITY OF SAN Jitas GAPISTRA110
has caused these procents 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 instru:cent first above written.
CAL FED ENTERPRISES
CITY OF SAN JUAN CAPIST['J'.t:0
By.
•
Mayor
ATTEST:
TO
(Corporation)
ation)
STATE OF CALIFORNIA l
COUNTY OF LOS Angeles ) SS.
On August 21, 197A before me, the undersigned, a Notary Public in and for said
State, personally appeared W. A. Obers
w known to me to be the President, ash
,
rc
S♦eaeMt'J of the corporation that executed the within Instrument,
= known to me to be the persons who executed the within
W Instrument on behalf of the corporation therein named, and
q acknowledged to me that such corporation executed the within
m instrument pursuant to its by-laws or a resolution of its board
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of directors.
WITNESS my seal.
s OFi SEAL
and and official
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♦, My Commission Expires February 1, 1975
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