1971-1227_BAUER DEVELOPMENT CO._AgreementA G R E E M E N T .
THIS AGREEMENT, made and entered into this =?Iay of
197/ by and between BAUER DEVELOPMENT Co, hereinafter designated
as SUBDIVIDER and the CITY OF SAN JUAN CAPISTRANO, 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. 7561 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. 7561 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.
7561" 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. 7561" 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 ONE HUNDRED SEVENTY THREE THOUSAND NINE HUNDRED DOLLARS
($173,900.00) said bond to be approved by the CITY.
STATE OF CALIFORNIA, 1
} SS.
COUNTY OF_ ^%K,5 4 -&ECC -5 11
ON __D FnaFe 2� 19�,
before me, the undersigned, a Not ublic in and for the said State, personally appeared
'=n/ b- _rnoFia known to me to be the
President, and 4 vAzog known to me
oFr ICIAL SEAL to be the u�/, _Secretary of 6AuEeycveic cph✓,ew r Ccs
A, Campbell
NOTARY R.euc - cnu oewA the Corporation that executed the within Instrument, known to me to be the persons who
FMNC�:=AL OFFICE Ir, executed the within Instrument, on behalf of the Corporation herein named, and acknowledged
- 1o; Ar!c,_LES COUNTY to me that such Corporation executed the within Instrument pursuant to its by-laws or a
'Y Commission Expires Sept. 22, 1974 resolution of its board of directors.
WITNESS my hand and official seal
Gcm.E'CiE �. �4//lPREGL
NAME (TYPED OR PRINTED
Notary Public in and for sold tate.
NGANUWLI,MMENh-00rP.—PUP. a 3ec.-1VPIPPR! Form aTa—Ra. 3
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I
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, BAUER DEVELOPMENT CO.
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:
Donald G. Weidner, City Clerk and
ex -officio Clerk
BAUER DEVELOPMENT CO.
L. BAUER,
BAUER, SECRETARY
CITY OF SAN JUAN CAPISTRANO
Mayor