1973-0216_WESTPORT PLANNED UNIT DEVELOPMENT CO._Agreement (4)L
THIS AGREEMENT, made and entered into this 16th day of
February , 19_73 , between WESTPORT - PLANNED UNIT DEVELOPMENT CO.,
a Limited Partnership, hereinafter referred to as "Subdivider" and the
CITY OF SAN JUAN CAPISTRANO, a body politic of the State of California,
hereinafter referred to as the "City".
WITNESSETH:
*1EREAS, the Subdivider has prepared and offered for acceptance
by .the City, a £incl map of Tract No. 7273 in the City of San Juan
_Capistrano, County of Orange; and
=WfiEREAS, the Subdivider, as a condition of approval of -said map
by the City, is required to construct or agree to construct certain
improvements; and
WF1EREAS, the Subdivider by said map offers for dedication to the
City for public use the improvements as shown on said map or on the "Plans
for Street Improvements Including Street Lighting System, Domestic Water
System and Sanitary Sewers of Tract No. 7273 ' now on file in the
office of the City Clerk of the City of San Juan Capistrano; said Plans
are hereby made a part of this ,agreement as though fully set out herein;
and
'W0REAS, the Subdivider desires the City to accept the improvements
as shown on the map or on the Plans.
NOW THEREFORE, in consideration of the -premises above and the
covenants hereinafterm the parties agree as follows:
1. City agrees to accept the STREET LIG[TfS.
offered for dedication by Subdivider.
2. Subdivider will, at the sole cost and expense of Subdivider
construct and install STREET LIGHTS
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3. To secure the faithful performance of this Agreement,
Subdivider agrees to furnish to City a good and sufficient bond executed
by a corporation authorized to transact surety business in the State of
California in the sum of Two Thousand Seven Hundred Dollars and no/100
($2, 700 said bond, to be approved by City. In lieu of said bond,
it is agreed that either or both of the following may be substituted:
a. Parties hereto will enter into a "three -party
agreement" with a California bank acceptable to
City, whereby said bank shall hold the sum of
Two Thousand Seven Hundred Dollars and no/100
($ 2,700.00 ) for construction of
STREET LIGHTS
-and to make progress payments upon approval of
City's engineer, which approval shall not be
given until receipt by City of proper labor,
.material and equipment releases; or
b. Subdivider shall enter into an agreement with its
lender whereby lender will deposit with a
responsible escrow agent or trust company, subject
to the approval of City, the full amount of
Two Thousand Seven Hundred Dollars and no/100
($ 2,700.00 ) being the City Engineer's
-estimate of costs for the construction of
STREET LIGHTS
A. 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.
IN WITNESS WHEREOF, WESTPORT - PL*ZMD UNIT DEVELOPMENT CO.,
a Limited Partnership, has executed these presents as the Subdivider,
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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 FSC -Officio Clerk of the City Council, as the City, the day
.and year in this instrument first above written.
WESTPORT - PLANNED UNIT DEVELOPMENT CO.
a Limited Partners ip
BY: WESTPORT H BUI NC.,
General Partn H%
BY
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BY _ z
CITY/SOF SAN JUAN CAPISTRANO
Council
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STATE OF CALIFORNIA )
COUNTY OF- OrancLe )t Is
February 16, 1973
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On - ,before me, the
undersigned, a Notary Public in and for
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said State, personally appeared_ nogn Pi_kbe ' 7
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known to me to be the President, and Jean
McLachlan ,
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known to me to be the Secretary of
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Westport Home Builders,Inc.
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the corporation that executed the within instrument and known
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to me to be the persons who executed the within instrument on
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behalf of said corporation, said corporation being known to me
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to be the general partner of WPJatg t-
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Planned Unit Development Co.
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the limited partnership that executed the within instrument, and
acknowledged to me that such partner and that such p♦rMs♦♦O♦0006?♦006♦?99?♦♦♦♦♦•
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executed the same.
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ESTri�R R. GARCIA i
WITNESS my hand and official seal
NOTAI': � I'Ll.^,LIC -CALIFORNIA
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PFi>C'PhL GPFICE IN
014 ".CE COUNTY
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Name (Typed or Printed)
(This area for official notarial seal)