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1973-0216_WESTPORT PLANNED UNIT DEVELOPMENT CO._Agreement (2)G AGREEMENT 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: WHEREAS, the Subdivider has prepared and offered for acceptance by the City, a final map of Tract No. 7273 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 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 WHEREAS, 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 SEWERS offered Por dedication by Subdivider. 2. Subdivider will, at the sole cost and expense of Subdivider construct and install SEWERS - 1 - 0 S. 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 Thirty -Two Thousand Dollars and no/100 ($32,000.00), said bond, to be approved by City. In lieu of said bond, it is agreed that either or both of the following may be substituted: a. Parties hereto will enter into a "three -party agreement" with a California bank acceptable to City, whereby said bank shall hold the sum of Thirty -Two Thousand Dollars and no/100 ($ 32,000.00 ) for construction of 9 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 Thir .-Twn Mou-sand nallarc and n a/100 ($ 32.000.00 ) being the City Engineer's estimate of costs for the construction of 4. 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 36S days from the date of said approval. IN WITNESS hHEREOF, WESTPORT-PLANNED UNIT DEVELOPMENT CO. a Limited Partnership, has executed these presents as the Subdivider,• • - 2 - L J ri and the City of San Juan Capistrano has ca.ised 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. WESTPORT - PLANNED UNIT DEVELMENT CO. a Limited Partnership BY: WESTPORTTROME IWILDERS, INC., General P r \4\ X l BY M. CITY OF SAN JUAN CAPISTRANO - 3 - & STATE OF CAlIFOMA ) COUNTY OF range February 16 1973 On ' before me, the undersigned, a Notary Public in and for a said State, personally appeared—naaj__$,LC7-Z e1. ]. _ - known to me to be the President, and__ Jazi McLachl'jn , cc known to me to be the Secretary of :E Westport Home Builders,Inc. p — V the corporation that executed the within instrument and known n' m to me to be the persons who executed the within instrument on • i= behalf of said corporation, said corporation being known to me West ort - e .y to be the general partner of p .E Planned Unit Development Co. oaQ the limited partnership that executed the within instrument, and 8LL acknowledged to me that such partner and that such pa;t*cV4 pep executed the same. Z P, GARCIA o ° x i LIFORNIA ° WITNESS my h nd offcial seal Y '� CrF;CE IN i P y t �o yJ � •� Y y ComUmnissAioP:n COUNTY SignaExo'esMaY 11, 1974 OFFICIAL SEAL M ° ,°� Name (Typed or Printed) (This area for official notarial seal)