1975-0917_BROWN, A.W. & DIANE_AgreementAGREEMENT FOR THE INSTALLATION
OF STREET IMPROVEMENTS
CAMINO CAPISTRANO AND AVENIDA PADRE
(LOTS 19, 20, 21, TRACT 1269)
THIS AGREEMENT is made as of this 17th day of September ,
1975, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter
called "CITY," and A. W. BROWN AND DIANE E. BROWN, hereinafter
called "DEVELOPER."
W I T N E S S E T H:
WHEREAS, as a condition of approval of the construction
of a commercial building at 32302 Camino Capistrano, the DEVEL-
OPER is required to accomplish the following:
1. Dedicate, for street and highway purposes, right-of-
way for a total width of fifty two (52) feet easterly from the
centerline of Camino Capistrano.
2. Dedicate, for sidewalk purposes, a cut corner at the
northeast corner of Camino Capistrano and Avenida Padre.
3. Install street improvements, extending from the
centerline of Camino Capistrano a distance of fifty two (52) feet,
to the right-of-way line and including the following:
a. Street paving.
b. Concrete curb and gutter.
C. Concrete sidewalk and drive approaches.
d. Necessary drainage facilities.
e. Ornamental street lights.
4. Underground existing overhead utilities pursuant to
the CITY'S Ordinance.
WHEREAS, the DEVELOPER has dedicated the right-of-way
for Camino Capistrano and Avenida Padre required by Conditions 1
and 2 herein, and the CITY has accepted said dedications; and
WHEREAS, the DEVELOPER desires to guarantee his contribu-
tion toward the accomplishment of Conditions 3 and 4 by posting a,
faithful performance bond in the sum of Nine Thousand Dollars
($9,000); and
WHEREAS, the City Engineer has determined that the afore-
said Nine Thousand Dollars ($9,000) is a fair estimation of
DEVELOPER'S share of the costs toward the fulfillment of Conditions
2 and 3; and
WHEREAS, the DEVELOPER recognizes that improvements
constructed westerly from the right-of-way line to his building
line may be required to be altered by the Camino Capistrano Im-
provement District.
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NOW, THEREFORE, in consideration of the premises and the
promises hereinafter contained, the CITY and DEVELOPER agree as
follows:
1. CITY agrees to extend the time within which DEVELOPER
must contribute its share of the improvement costs for street
improvements and undergrounding of utilities for a period of three
(3) years, to and including September 17, 1978
2. DEVELOPER agrees to, and does hereby, post a good
and sufficient faithful performance bond in the total sum of Nine
Thousand Dollars ($9,000) to guarantee the aforesaid contribution.
Should the bond amount be insufficient at the time of construction,
DEVELOPER agrees to pay the difference between the bond and actual
construction costs.
3. DEVELOPER further agrees to remove, alter, change or
reconstruct any and all improvements constructed between the
Camino Capistrano right-of-way line and the building line if such
removal, alteration, change or reconstruction shall be required by
the Camino Capistrano Improvement District.
If the street improvements and undergrounding become a
part of a 1911 or other appropriate improvement or assessment
district prior to the expiration of the date hereinabove set forth,
the aforesaid bond will be exonerated upon a finding by the City
Engineer that DEVELOPER'S obligation herein will be fully satisfied
by its participation in the said district.
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement as of the day and year hereinabove first written.
CITY_OF SAN JUAN CAPISTRANO
ATTEST:
MARY ANY HANOVER," CITY CLERK
APPROVED AS TO FORM:
JA ES S. OKAZAKI, &rTY ATTORNEY
DEVELOPER:
A. W. BROWN
DIANE E. BROWN
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