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1972-0426_RIO VISTA HOMES_Agreementr �`y �A G R E E M E N T so THIS AGREEMENT, made and entered into this 26th day of eauril , 197-, by and between Rio Vista Homes hereinafter designated as SUBDIVIDER and the CITY OF SAN JUAN CAPISTRANO, a body politic of the State of California, hereinaftdesignated 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. 7159 in the City of San Juan Capistrano, County of Orange, and WHEREAS, the SUBDIVIDER as a condition of approval of said map by the CITY, is required to construct or agree to construct certain improvements, and WHEREAS, the installation of the public streets, sewers, storm drain, street lighting facilities as shown on the Plans in connection with the improvements for said Tract No. 7159 will fulfill the requirements; NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows: In consideration of the approval of said final map by the CITY, the SUBDIVIDER agrees: 1. That the SUBDIVIDER will at the sole cost and expense of the SUBDIVIDER construct and install all of the public facilities shown and delineated upon the "plans for Street Improvements including Street Lighting System, Domestic Water System and Sanitary Sewers of Tract NO. 7159" on file in the office of the City Clerk of the City of San Juan Capistrano; said "Plans for Street Improvements including Street Lighting System, Domestic Water System and Sanitary Sewers of Tract No. 7159" 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 SUB- DIVIDER 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 Ninety -Six Thoucand Five Hundred and Nnl100 N ($96,500,00) said bond to be approved by the CITY. 3. It is mutually agreed 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 par- tial 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 cer- tified to the City Council the 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 Eight -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 instal- lation of said improvements within 180 days from the approval of said map by the CITY and shall complete said work with 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 of Professions Code of the State of California, IN WITNESS WHEREOF, Rio Vista Homes 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: 1411 Donald G. Weidner, City Clerk and ex -officio Clerk Rio Vista Homes, c. CITY OF SAN JUAN CAPISTRANO ��T Mayor A G R E E M E N T This Agreement is entered into this 24th day of April, 1972, by and between RIO VISTA HOMES, INC., a California corporation, hereinafter called "Developer", and the CITY OF SAN JUAN CAPISTRANO, hereinafter called, "City". WITNESSETH: WHEREAS, Developer has subdivided certain land in the City of San Juan Capistrano, County of Orange, California, designated Tract 7159; and WHEREAS, in connection with the approval of said final tract map, Developer is required to dedicate certain streets therein for public use and purposes; and WHEREAS, Developer has been unable to acquire all of the interests in and to a wellsite located within a proposed public street to be known and designated as Paseo Belardes; and WHEREAS, Developer has agreed to pay the City of San Juan Capistrano for all costs and fees incident to the acquisition of said wellsite as more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof. NOW THEREFORE, the parties hereto mutually agree as follows: 1. City shall cause an action in eminent domain to be filed in the Superior Court of the State of California For the County of Orange for the acquisition of the real property described in Exhibit "A" for streets and highways purposes, and shall diligently prosecute and consummate said proceedings to the end that a good and sufficient title is acquired by the City for said purposes. 2. Developer shall, upon the execution of this Agreement, pay to the City Attorney, Welputt and Okazaki, for and on account of costs and initial retainer, the sum of Five Hundred Dollars ($500.00), and shall pay to City, upon billing, the fair market value of said pro- perty as determined by.the court or negotiation of the parties, as well as any additional costs and fees. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. RIO VISTA H(�MES, INC, i By: CITY OF SANJUAN . JJUANN CIAPISTRANOwWC ATTEST: �F Donald G. Weidner, City Clerk and ex -officio Clerk