1976-0114_CAPISTRANO VALLEY BAPTIST CHURCH_Deferred Improvements Agreement AGREEMENT RELATING TO THE POSTPONEMENT
OF REQUIREMENT TO INSTALL PUBLIC IMPROVE-
MENTS, CAPISTRANO VALLEY BAPTIST CHURCH
(Architectural Control. 75-1)
THIS AGREEMENT is made as of this 14th day of January,
1976 , by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter
called "CITY, " and the CAPISTRANO VALLEY BAPTIST CHURCH, hereinafter
called "CHURCH. "
W I T N E S S E T H
WHEREAS, CITY has required that overhead utilities
contiguous to CHURCH' S property on Uel. Obispo Street be placed
underground as a condition of approval of the construction of
certain structures on CHURCH' S property, and
WHEREAS, CHURCH desires to delay the undergrounding
of said utilities, and
WHEREAS, CHURCH desires the use of said certain
structures .
NOW, THEREFORE, in consideration of the premises and
as a material condition of CITY' S release of occupancy permits
for the use of said certain structures , CITY and CHURCH agree
as follows ;
1. CITY shall commence proceedings for the formation
of an Underground Utility District in accordance with Ordinance
146 of the City of San Juan Capistrano at a time chosen by the
City Council of CITY for the purpose of undergrounding overhead
utilities on Del Obispo Street adjacent to CHURCH' S property.
2 . CHURCH agrees to participate in and shall not
protest the formation of said Underground Utility District.
3 . CITY agrees that CHURCH hereby waives the right
to protest the formation of said Underground Utility District
but maintains all other rights for participation in and the
formation of said District in accordance with Ordinance 146 .
4 . Ordinances modifying or replacing Ordinance 146
of the City of San Juan Capistrano shall be binding upon this
agreement and not relieve either party of the obligations resulting
therefrom.
IN WITNESS WHEREOF, the parties hereto have executed
this contract on the date first above writte.
CITY OF SAN JUAN CAPISTRANO
By:
S K. EATHERS1 MAYOR
C ISTRANO VALLEY BAPTIST CHURCH
�o
BY
F
WILLIAM D. DAVENPORT, PASTOR
-2-
ATTEST:
\ � w
MARY A14N /«O»£#, C TY C££&y
�>
APPROVED AS TO FORM:
W£«2O2T AND OKAZAKI
7
BY:
�
�` £S S . OKAZAKI , CIV ATTORNEY
�]�