Construction Agreement for Reimbursement of Cost of Permanent Public Improvements 1986-349367
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'; Recording Requested ;1'
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City of poway OFFIC".'.L HE:CnF~~ ", I
: ~~34"1301 OFSA~~IEGCCQU',i~. ,'I
When Recorded Mail to: : 1986 AUG 14 PM 2: 39
G City Clerk
) GVERA L. LYL~
City of poway ) COUNTY RECORDER
P. O. Box 789 )
Poway, CA 92064 )
) (This space for Recorder's use)
NO FE~
CONSTRUCTION AGREEMENT
FOR REIMBURSEMENT OF COST OF PERMANENT
PUBLIC IMPROVEMENTS
THIS AGREEMENT is made this 5th day of Auqust , 1986
between THE POMERADO GROUP, a California limited partnership
("Group" ) and THE CITY OF POWAY, a municipal corporation ("City")
with respect to the following:
RECITALS:
A. Group is the owner of certain real property at the
northeast corner of the intersection of Poway Road
and Oak Knoll Road within the city limits of City.
B. Group desires to cause to be installed a traffic
signal at the intersection and to cause the con-
struction of certain improvements within the Poway
Road right-of-way (herein collectively referred to
as the "Improvemen ts " ) as shown schematically on
Exhibit "An.
C. Group is required to construct and complete certain
improvements known as the poway Road Southerly Curb
and Southwest Return of Oak Knoll Road ("Southerly
Improvements" ) as shown schematically on Exhibit "A".
D. City desires that Group cause such improvements and
Southerly Improvements to be made in accordance
herewi th.
E. The parties' desire to provide for reimbursement of
costs for the completion of the Improvements and
Southerly Improvements.
,
NOW, THEREFORE, IN CONSIDERATION of the mutual promises and
other good and valuable consideration, receipt of which is hereby
acknowledged, the parties agree as follows:
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l. Group hereby agrees to commence and complete
construction of the Improvements and Southerly
Improvements in accordance with all plans and
specifications approved by City, which improvemnts
shall be completed on or before December 31, 1987;
provided, however, any delays caused by events
beyond the control of Group shall extend the
completion date to the same event. Such events
shall include labor disputes, fire, unusual delay
in transportation, adverse weather conditions,
or avoidable casualties beyond Group's control
("Completion Date") .
2. Upon acceptance of the improvements by the City,
City furthermore agrees to reimburse Group $19,262.14
from the Capital Improvement Construction Fund.
4. The improvements shall be deemed completed when
they are completed in accordance with the approved
plans and specifications therefore to the satis-
faction of the City Engineer.
IN WITNESS WHEREOF the parties have executed this Agreement
as of the date first above written at San Diego County, California.
THE POMERADO GROUP,
a California limited partnership
By: PACIFIC SCENE, INC.
a California corporation
,y.~~
. Its J: _'
CITY a Municipal
co
By: ~
Carl R. Kruse, Mayor
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'STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On ~~ ~ ,l986, before me, the undersigned, a
Notary Public in and for said State, personally appeared, Richard
J. Farrell, personally known to me or proved to me on the basis
of satifactory evidence to be the person who executed the within
instrument as the Senior Vice President of Pacific Scene, Inc.,
and acknowiedged to me that the corporation executed it on behalf
of The pomerado Group, a California limited partnership.
WITNESS my hand and official seal.
. OFFICIAL SEAL
DENISE M GOlDMAN -t;(:/1U:a-f / 71(. ~
. NOTAJr( PUBLIC a CALIFORNIA
SAN DIEGO COUNlY
,". My all11III. expires 1M 30, 1987 Notary Public, in and for said County
~~~-=~ - "-'~.;.-<-~=;--' and State
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