Loading...
1985-0626_DENNY'S INC_AgreementAGREEMENT 4. THIS AGREEMENT is made this � 'day of e1(/nE� 1985, by and between the CITY OF SAN JUAN CAPISTRANO, hereafter referred to as "City", and DENNY'S, INC., hereafter referred to as "Applicant". City and Applicant hereby mutually agree as follows: 1. Conditional Approval of Sign Copy Change. On May 14, 1985, the City's Planning Commission conditionally approved an application by Applicant proposing a change in sign copy on an existing legal non -conforming pole sign on Applicant's property at the location of 27142 Ortega Highway, San Juan Capistrano, California (general commercial zoning district). The condition of approval requires that Applicant be permitted to change the sign copy for the legal non -conforming sign pole on the condition that Applicant shall agree to become part of a State of California Cal Trans freeway sign program. As a further condition, once the Cal Trans sign program is in effect, Applicant shall remove the existing non -conforming sign pole from the sub- ject site within 90 days after implementation of the Cal Trans freeway directional sign program. 2. Applicant Covenants t Cal Trans Applicant agrees to join in a City -State of California Cal Trans freeway directional sign program at such time as said program is adopted between City and the State of California. 3. Removal of Pole Sign. Applicant agrees that upon joining the Cal Trans program, Applicant shall remove the sign copy and pole structure that presently exists on the site within 90 days from date of imple- mentation of the Cal Trans freeway directional sign program. -1- E 0 4. Attorney's Fees. In the event the Cal Trans program has been implemented, should Applicant fail to join the Cal Trans program or fail to remove the pole sign, City shall be entitled to legal fees in- curred in taking enforcement action to enforce the terms and provisions of this Agreement. 5. Time is of the Essence. As to all time limits imposed in this Agreement, time is of the essence. CITY OF SAN JUAN CAPISTRANO (City) By_J -Z_'O�o�L - — eph m B. Jul' , City Manager DENNY'S, INC By Ti (Applicant) STATEOFCALIFORNIA COUNTY OF__L� 5 Fs/lr < L tS' ss. On before me, the undersigned, a Notary Public in and for said State, personally appeared_. and personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as V2� President and—_—Secretary, _ Secretary, on behalf the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. li SARBARAi LAMB NOTARY WBLIO. OALIFOMW PRINCIPAL OFFICE w ORANGE COU Aly CanCOUNTY minion Ex0. June d 19M (This area for official