17-1017_PACIFIC POINT DEVELOPMENT PARTNERS__Agenda Report_E12TO :
FROM :
City of San Juan Capistrano
Agenda Report
Honorable Mayor and Members of the City Council
~jamin Siegel, City Manager
SUBMITTED BY : Steve May, Public Works and Utilities Director .d.f/A.A.-
PREPARED BY: George Alvarez, P.E., City Engineer
Joe Mankawich, Associate Engineer
DATE: October 17, 2017
10/17/2017
E12
SUBJECT: Consideration of a Resolution for a Notice of Completion,
Acceptance of Certain Work of Improvements, and Release of
Corresponding Sureties Pertaining to the Subdivision Improvement
Agreement Tract Map 16749 (LV Pacific Point LLC)
RECOMMENDATION:
1. Adopt a resolution accepting the work of improvements pertaining to Tract No.
16749 (LV Pacific Point LLC); and,
2. Direct the City Clerk to process the recording of the Notice of Completion with the
Orange County Clerk/Recorder; and,
3. Authorize the City Clerk to release the corresponding bonds 35 days after the
recordation of the Notice of Completion.
EXECUTIVE SUMMARY:
LV Pacific Point LLC, developer of Tract No. 16749, has requested that the City release
the onsite and offsite improvement bonds held by the City. Most of the utility
improvement and grading bonds had previously been released as a part of Amendment
No. 1 and Reinstatement to the Subdivision Improvement Agreement for Tentative Tract
167 49 (Attachment 1 ). The final improvements have been inspected and satisfactorily
completed. Staff recommends adoption of a resolution (Attachment 2) accepting the
work as complete, the filing of a Notice of Completion (Attachment 3) and the release of
the corresponding bonds in the amount of $100,173.
City Council Agenda Report
October 17, 2017
Page 2 of 4
DISCUSSION/ANALYSIS:
In April 2012, LV Pacific Point LLC ("Owner"), through bankruptcy proceedings, became
the successor to former developer SJD Partners LTD for the 416 lot, 257 -acre Pacifica
San Juan/Point Residential Property Development ("Pacifica San Juan Project"). At the
time of the transfer, there were two Vesting Tentative Tract Maps (14196 and 15609) as
approved by City Council Resolutions 92-6-16-4 and 03-09-16-06, respectively, with
nine Final Tract Maps recorded with associated Subdivision Improvement Agreements.
Tract No. 16749, shown on Attachment 4, is one of the nine tracts within this
development.
The Developer has completed the improvement work as required by the Conditions of
Approval and the Grading Surety Agreements. The improvements have been inspected
and have been found to be completed per City standards and to the satisfaction of the
Public Works & Utilities Director. Staff recommends adoption of a Resolution accepting
the work as complete and the recordation of a Notice of Completion for the project.
With the completion of the improvements as noted in the summary above, the bonds by
lronshore Indemnity Inc. are as follows:
Bond Number
SUR21000025
SUR21 000021
FISCAL IMPACT:
Type of Improvement
Landscape and Irrigation
Monumentation
Total Bond Amount
Bond Amount
$ 85,673.00
$ 14.500.00
$100,173 .00
There would be no fiscal impact associated with the recommended actions.
ENVIRONMENTAL IMPACT:
The recommended action of adopting a resolution accepting the work of improvements
pertaining to Tract Map 16749 is not subject to CEQA pursuant to Section 15060(c)(3)
of CEQA Guidelines because the action is not a project as defined in Section 15378 of
the CEQA Guidelines, and the action has no potential for resulting in physical change to
the environment, directly or indirectly.
PRIOR CITY COUNCIL REVIEW:
• On April 21, 2015, the City Council approved Amendment 1 and Reinstatement to
the Subdivision Improvement Agreements (Tract No's. 14196, 15609, 15687, 16747,
16749, 16750, 16751, and 16752), Amendment 2 and Reinstatement to the
Improvement and Reimbursement Agreement, and Amendment 1 to the Agreement
for Modifications to Water Facilities to Serve Tract 14196.
City Council Agenda Report
October 17, 2017
Page 3 of 4
• On May 6, 2014, the City Council approved the Amendment to the Amended and
Restated Development Agreement for the Pacifica San Juan Project between the
City and LV Pacific Point LLC.
• On October 17, 2006, the City Council approved the Subdivision Improvement
Agreements for Tract No's. 15609, 16747, 16750, 16751, and 16752 with SJD
Partners Ltd.
• On December 6, 2005, the City Council approved the Subdivision Improvement
Agreements for Tract No's. 14196, 15687, and 16749 with SJD Partners LTD.
• On November 15, 2005, the City Council approved an Amendment to the
Improvement and Reimbursement Agreement with SJD Partners Ltd.
• On November 1, 2005, the City Council approved the Agreement Establishing Soils
Subsidence Remediation Program with SJD Partners Ltd. and the Pacifica San Juan
Community Association.
• On July 3, 2004, the City Council approved the Special 4(d) Interim Habitat Loss
Implementation Agreement Tentative Tract No. 16750 with SJD Partners Ltd.
• On June 15, 2004, the City Council approved the Amended and Restated
Development Agreement effective July 16, 2004 to July 16, 2014. The extension
was to allow for the completion of the construction of the approved residential units
and completion of the planned public improvements serving the development.
• On March 16, 2004, the City Council approved an Amendatory Agreement to the
Water Facilities Agreement with SJD Partners Ltd.
• On September 16, 2003, the City Council conditionally approved amendments to
Comprehensive Development Plan 81-02, Forster Canyon, and conditionally
approved Vesting Tentative Tract Map 15609 by City Resolution No. 03-09-16-06,
Pacifica San Juan, for a portion of the Forster Canyon Planned Community to allow
a total of 416 dwelling units on the SunCal portion of the development site.
• On September 2, 2003, the City Council approved a Water Facilities Agreement with
SJD Partners Ltd .
• On July 2, 2002 , the City Council approved an extension of the 1992 Development
Agreement extending the term of the agreement to November 6, 2005.
• On July 14, 1999, the City Council approved an Improvement and Reimbursement
Agreement with SJD Partners Ltd.
• On May 4, 1999, the Capistrano Valley Water District (former water Agency to the
City), approved an Agreement with SJD Partners Ltd for Modifications to Water
Facilities to Serve Tract No . 14196.
• On August 6, 1992, the City Council approved a ten year Development Agreement
for the project effective through August 6, 2002.
• On June 16, 1992, the City Council conditionally approved amendments to
Comprehensive Development Plan 81-02, Forster Canyon, and conditionally
City Council Agenda Report
October 17, 2017
Page 4 of 4
approved Vesting Tentative Tract Map 14196 by City Resolution No. 92-6-16-4,
Pacific Point to allow the development of 350 dwelling units/lots on the 292 acre site.
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
On April 26, 2016, the Planning Commission voted 5-0 to approve Resolution 16-04-26-
02, which recommended that the City Council approve the Amendment to the Amended
and Restated Development Agreement for the Pacific San Juan Project allowing the 60-
month extension.
NOTIFICATION:
LV Pacific Point, LLC
ATTACHMENTS:
Attachment 1: Amendment No. 1 and Reinstatement to the Subdivision Improvement
Agreement for Tentative Tract 16749
Attachment 2: Resolution
Attachment 3: Notice of Completion
Attachment 4: Location Map
RECORDING REQUESTED BY:
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
AND WHEN RECORDED, MAIL TO :
Maria Morris, CMC, City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Exempt from Recording Fees :
Gov Code 27383 & 6103
City of San Juan Capistrano
Recorded in Official Records , Orange County
Hugh Nguyen , Clerk-Recorder /l fi/1 1/~IIJ J III lll/1 IIIII 11111 /1111 11111 ill// IIIIi IIIII illli 11/1; '//Iiiii NO FEE * $ R 0 0 0 7 4 9 0 1 9 8 $ *
2015000225898 8:10am 0510 1115 47 411 A17 23
0.00 0.00 0.00 0.00 66.00 0.00 0.00 0.00
This Space for Recorder's Use Only
AMENDMENT #1 AND REINSTATEMENT TO SUBDIVISION IMPROVEMENT
AGREEMENT
(Subdivision Improvement Agreement Tentative Tract Map 16749)
This AMENDMENT #1 AND REINSTATEMENT TO SUBDIVISION
IMPROVEMENT AGREEMENT for Tentative Tract Map 16749 ("Amendment") is dated
as of f-\ \\ 9\ , 2015, and entered into by and between LV PACIFIC POINT
LLC, a De laware Limited liability Company ("Owner"), whose mailing address is 3121
Michelson Drive, Suite 200, Irvine, CA 92612 and the City of San Juan Capistrano, a
California municipal corporation ("City").
RECITALS:
WHEREAS, SJD PARTNERS, LTD., a California limited partnership ("Former
Subdivider") entered into a Subdivision Improvement Agreement Tentative Tract Map
16749 with the City dated December 6, 2005, and recorded in the Official Records of
Orange County, California ("Official Records") on December 29, 2005, as Instrument
No. 2005001036237 ("Original Agreement"), which provides for Former Subdivider to
construct certain Works of Improvement and perform other obligations relating to the
filing of a Final Map of Tract 16749; and,
WHEREAS, Owner is the successor-in-interest to Former Subdivider and the
owner of that certain parcel of land situated in the City of San Juan Capistrano, Orange
County, generally described as Vested Tentative Tract Maps 14196 and 15609; and,
WHEREAS, the Owner was assigned and assumed the responsibility to perform
that certain Work of Improvement thereon as hereinafter set forth and as identified
within the Original Agreement for Tentative Tract Map 16749; and,
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WHEREAS, Owner proposes to do and perform certain Works of Improvement
thereon as hereinafter set forth; and,
WHEREAS, Owner has requested, and City has agreed, to extend the time
period for Owner to complete the Works of Improvement required under the Original
Agreement, as set forth herein; and,
WHEREAS, Owner has requested, and City has agreed, to replace the existing
Performance and Material and Labor Bonds ("Bonds") with new Bonds for 1 00% of the
remaining Works of Improvement as defined within this Amendment in the amounts
shown on Exhibit "A" attached hereto; and,
WHEREAS, By this Amendment, City and Owner propose to restate and amend
the Original Agreement in its entirety as set forth herein. All terms not otherwise defined
or amended herein shall have the meaning ascribed in the Original Agreement.
NOW THEREFORE, in consideration of the mutual covenants and agreements
herein contained and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
AGREEMENT
1. General Requirements :
Owner shall comply with all the remaining requirements specified in the (a)
"AMENDMENT TO IMPROVEMENT AND REIMBURSEMENT
AGREEMENT (ASSESSOR'S PARCELS #666-301-01, 666-301-09, 675-
361-01' 675-361-03, 675-361-04, 675-361-05, 675-081-03, 675-081-04,
675-081-10, and 675-081-14)" dated November 15, 2005, and its
subsequent amendment and restatement dated _, 20_,
(Collectively referred to herein as the "Improvement and
Reimbursement Agreement"); (b) the "WATER FACILITIES
AGREEMENT-SUNCAL PROPERTIES", dated September 2, 2003, its
subsequent amendment dated March 16, 2004 (collectively referred to
herein as the "Water Facilities Agreement"); (c) the "AGREEMENT FOR
MODIFICATIONS TO WATER FACILITIES TO SERVE TRACT 14196",
dated May 4, 1999, and its subsequent amendment dated:-:-----
_, 20_, (Collectively referred to herein as the "Water Facilities to
Serve Tract 14196 Agreement") and (d) the applicable Conditions of
Approval set forth in City Council Resolution No. 92-6-16-04 (for Tentative
Tract Map 14196) and all applicable Conditions of Approval set forth in
City Council Resolution No. 03-09-16-06 (for Tentative Tract Map 15609)
and shall, at its own cost and expense, provide all required tests, design
work, equipment, materials and labor in order to complete all of the works
of improvement (the "Works of Improvement") set forth in Exhibit "A"
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hereto and as defined within the approved Improvement Plans for Tract
167 49, to the satisfaction of the City Engineer. Such Works of
Improvement shall include, but not be limited to, the undergrounding of the
overhead utilities, the placement of curb markers at all proposed street
catch basin inlet structures in accordance with the National Pollution
Discharge Elimination System (NPDES) requirement, and the construction
of all required off-site infra-structure and circulation improvements as set
forth in Paragraphs 1.2 and 1.4 below to the satisfaction of the City
Engineer.
1.1 Fair-Share Circulation Improvement Participation . Prior to the issuance of
the first (1st) building permit, other than model homes, the applicant shall
financially contribute for the project's fair share traffic generation for the
existing La Novia Avenue Improvement, from Valle Road to 2500 feet east
(15% fair share), which are included within the Improvement and
Reimbursement Agreement, as well as, any improvements not included in
the Capistrano Circulation Fee Program (CCFP), as identified in the
approved Environmental Impact Report (EIR) traffic impact analysis. This
financial participation shall be in addition to paying CCFP fees. The
applicant's financial participation shall include right-of-way acquisition,
design, and construction including, but not limited to, grading, streets,
sidewalks, landscaping, retaining walls, drainage structures, utility
relocation, and traffic signal improvements in accordance with the City's
Master Plan of Streets and Highways.
Additionally, prior to the issuance of the first (1st) building permit, other
than model homes, the applicant shall financially contribute for the
project's fair share traffic generation on the following improvements. The
final cost estimate shall be reviewed and determined by the City Engineer:
Ortega Highway & 1-5 Southbound Ramps:
Improvements: Construct an additional southbound right-turn
lane and re-stripe existing center lane to a
lefVthru lane.
Fair share: 7.3%
Ortega Highway & 1-5 Northbound Ramps:
Improvements: Construct westbound free right turn lane.
Fair share: 0.8%
Furthermore, prior to the issuance of the one hundred and fifty-first (151 st)
building permit, other than model homes, the applicant shall financially
contribute for the project's fair share traffic generation on the following
improvements which are included within the Improvement and
Reimbursement Agreement. The final cost estimate shall be reviewed and
determined by the City Engineer:
La Novia Widening Nalle Road Project to 2500 feet east
-3-
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Attachment 1 , Page 3 of 23
Improvements :
Fair share:
Widening to secondary standards .
15%
Signalization San Juan Creek at Valle Road Project
Improvements: Signals and intersection improvements .
Fair share: 38%
1.2 Off-Site Circulation Improvement Construction. Prior to the issuance of
the 1st Certificate of Occupancy, the applicant shall design and construct
the off-site improvement listed below to its ultimate standard
configurations in accordance with the City's Master Plan of Streets and
Highways, in accordance with the provisions within the Improvement and
Reimbursement Agreement, and to the satisfaction the City Engineer. All
easements, right-of-way acquisitions , dedications and permits needed
from any agency to accommodate said improvement shall be obtained by
the applicant, with City's assistance. Any deferral in the timing of this
condition, due to unforeseen delays, shall be subject to review and
approval by the City Engineer.
Camino Las Ramblas & Via California:
Improvements: Install a traffic signal and construct a separate
southbound right-turn lane.
Fair Share: 94%
1.3 Construction of Avenida CaliforniaNista Marina. Prior to issuance of the
one hundred fifty-first (151st) Residential Building Permit within Vesting
Tentative Tract Maps 14196 and/or 15609, the applicant shall complete, to
the satisfaction of the City Engineer, the construction of Avenida
California and Vista Marina Street, from the extension of Via California, all
the way to its intersection with Valle Road. For any phases of
development prior to issuance of the 151 st Residential Building Permit any
section of Avenida California Street and Vista Marina leading to a
developed subdivision phase, within Tentative Tract Map 15609 and/or
14196, shall be completed from Via California to that phase, prior to
issuance of the first building permit of such phase. Any deviation shall be
subject to review and approval by the City Engineer.
1.4 Off-Site Circulation Improvement Construction . Prior to the completion of
Avenida CaliforniaNista Marina, or the issuance of the 151 51 Building
Permit, whichever comes first, the applicant shall design and construct the
off-site improvements listed below to their ultimate standard configurations
in accordance with the City's Master Plan of Streets and Highways, in
accordance with the provisions within the Improvement and
Reimbursement Agreement, and to the satisfaction the City Engineer. All
easements, right-of-way acquisitions, dedications and permits needed
from any agency to accommodate said improvements listed below shall be
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obtained by the applicant, with City's assistance. Any deferral in the
timing of this condition, due to unforeseen delays caused by the City or
outside regulatory agencies, shall be subject to review and approval by
the City Engineer.
Valle Road & San Juan Creek Road:
Improvements: Construct a northbound left-turn lane .
Fair Share: 8.4%
Valle Road from San Juan Creek Road to La Novia Avenue:
Improvements: Widen Valle Road to a two-lane divided
roadway including traffic signal and power pole
relocations, necessary grading, retaining walls,
curb gutter and sidewalks, and slope
landscaping improvements pursuant to the
approved improvement plans.
Fair Share: 38%
Valle Road from 1-5 to Forester Ranch Road:
Improvements: Widen Valle Road to commuter standards,
including necessary grading, retaining walls,
curb gutter and sidewalks, and slope
landscaping improvements pursuant to the
approved improvement plans.
Fair Share: 72%
La Novia A venue & Valle Road//-5 Northbound Ramps:
Improvements: Construct the La Novia Avenue approach,
Valle Road approaches, and the 1-5 NB Ramps
as part of a circular one-lane with shoulders
round-a-bout pursuant to the approved
improvement plans.
Fair Share: 37%
2. Security:
A. Owner shall, at all times, beginning with the execution of this
Amendment, guarantee Owner's performance of this Amendment by
providing City with the following security instruments (the "Security
Instruments"), as required by the State Subdivision Map Act, on forms
approved by City for the purposes and in the amounts as follows:
(i) A Faithful Performance Bond to ensure faithful performance
of this Amendment in regard to the Works of Improvements
be installed by Owner in the amount of 100% of the
estimated cost of construction of such Works of
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Improvements (110% for remarntng water related
improvements to be installed by Owner) as shown in Exhibit
"A" attached hereto; and,
(ii) A Labor and Materials Bond to secure payment to any
contractor, subcontractor, persons renting equipment or
furnishing labor or materials for the Works of Improvements
required to be constructed or installed pursuant to this
Amendment in the additional amount of 100% of the
estimated cost of construction of the Works of Improvements
to be installed Owner (11 0% for the remaining water related
improvements to be installed by Owner) as shown in Exhibit
"A" attached hereto; and,
(iii) A Subdivision Monument Bond in the amount of 100% of the
estimated cost of setting subdivision monuments as shown
in Exhibit "A".
B. In order to guarantee and warranty the Works of Improvement and
in addition to the security instruments referenced in Article 2(A),
Owner shall provide to City the following Security Instruments:
(l) Prior to the City's final acceptance of the Works of
Improvement and recordation of a Notice of Completion,
Owner shall provide to City a Warranty Bond for Works of
Improvement warrant ing the accepted Works of
Improvement for a period of one (1) year fo ll ow ing said
acceptance against any defective work or labor done or
defective material furnished. The amount of such Warranty
Bond for Works of Improvement shall be equal to twenty-five
percent (25%) of the estimated construction cost set forth in
Exh ibit "A", or a sui table amount determined by the City
Engineer.
(ii) Prior to the City's final acceptance of the landscape and
irrigation Works of Improvement, Owner shall provide a
Landscape and Irrigation Warranty Bond warranting the
landscape and irrigation Works of Improvement for a period
of one (1) year following said ac cepta nce agains t any
defective work or labo r done or defective materia l fu rn ished
for any reason other than imprope r ma intena nce. The
amount of such Landscape and Irrigation Warranty Bond
shall be equal to twenty percent (20%) of the landscape
architect's estimated construction cost , or a suitable amount
determined by the City Engineer. The Landscape and
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Irrigation Warranty Bond shall be held by the development's
Homeowners' Association ("HOA").
All Security Instruments required by this Amendment, with the exception of
the Landscape and Irrigation Warranty Bond, which is submitted to the
development's HOA, shall be kept on file with the City Clerk. The terms of
the Security Instruments required by this Amendment are hereby
incorporated in this Amendment by reference.
City shall release the Faithful Performance Bond upon Owner's written
request following acceptance by City of the Works of Improvement and
Owner's delivery to City of the Warranty Bond for Works of Improvement.
City shall release the Labor and Materials Bond upon Owner's written
request and following acceptance by City of the Works of Improvement
and after expiration of the time within which lien claims are required to be
made pursuant to Article 3 (commencing with Section 3114) of Chapter 2
of Title 15 of Part 4 of Division Third of the California Civil Code. If lien
claims have been timely filed, City shall hold the Labor and Materials Bond
until (a) such claims have been resolved, (b) Owner has provided a
statutory bond, or otherwise as required by applicable law.
City Engineer shall release the Warranty Bond for Works of Improvement
upon Owner's written request following the expiration of the warranty
period, provided no claims are outstanding at that time regarding defective
work .
The release of the Landscape and Irrigation Warranty Bond held by the
HOA will be determined by a separate agreement between the developer
and the HOA.
2.1 Form of Securitv Instruments. All Security Instruments shall meet
the following minimum requirements and otherwise shall be in a
form acceptable to the City Attorney:
(i) Any insurance company acting as surety shall have a
minimum rating of A-IX, as rated by the current edition of
Best's Key Rating Guide published by A.M. Best's Company,
Oldwick, New Jersey, 08858; any bank acting as surety shall
have a minimum rating of AA, as rated by Moody's or
Standard & Poor's;
(ii) Payments under the Security Instruments shall be required
to be made (and, with respect to bonds, litigation shall be
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required to be instituted and maintained) in the County of
Orange, State of California;
(iii) Each of the Security Instruments shall have a minimum term
of one (1) year after the deadline for Owner's completing the
Works of Improvement, in accordance with Article 3 herein;
(iv) The Security Instruments shall reference Owner's obligations
under this Amendment, shall be irrevocable, and shall
include as an additional obligation secured the responsibility
to compensate City for all of the City's attorneys' fees and
litigation expenses reasonably incurred enforcing its rights
under the Security Instruments.
3. Time of Completion:
All of the Works of Improvement shall be completed no later than January
16, 2017. The time for completion may be extended by the City Engineer,
in writing, for good cause shown by the Owner. Owner shall compensate
the City for all costs reasonably incurred in having its authorized
representatives perform the usual and customary engineering services
during said extension as specified in Article 19. In the event that Owner
fails to complete the Works of Improvement within said period or any
approved extension, the City may complete said work and shall be entitled
to recover the full cost and expenses thereof from Owner, or his surety as
herein provided. The City may require Owner, or his surety, to pay the
City in advance, sufficient monies to cover the City's cost in completing
construction of said Works of Improvement.
3.1 Force Majeure : Notwithstanding the provisions of Article 3 herein,
Owner's time for completion of the Works of Improvement shall be
extended for the period of any enforced delay caused due to
circumstances beyond the control and without the fault of Owner,
including, to the extent applicable, adverse weather conditions ,
flood , earthquakes, strikes, lockouts, acts or failures to act of a
public agency (including City), required changes to the Scope of
Work required by City, and similar causes; provided, however, that
the period of any enforced delay hereunder shall not include any
period longer than thirty (30) days prior to City's receipt of a written
notice from Owner or its contractor detailing the grounds for
Owner's claim to a right to extend its time for performance
hereunder.
3.2 Continuous Work: After commencement of construction of the
Works of Improvement (or separable portion thereof), Owner shall
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cause such work to be diligently pursued to completion, and shall
not abandon the work for a consecutive period of more than thirty
(30) days, events of force majeure excepted.
3.3 Reversion to Acreage: In addition to whatever other rights City may
have due to Owner's failure to timely perform its obligations
hereunder, Owner recognizes that City reserves the right to revert
the Property to acreage subject to the limitations and requirements
set forth in California Government Code Sections 66499.11-
66499 .20-3/4. In this regard, Owner agrees that if none of the
Works of Improvement referenced herein have been made within
the specified "Time of Completion" referenced in Article 3 above or
· within the time allowed herein, whichever is the later, and if City
thereafter initiates proceedings to revert the Property to acreage,
any improvements made by or on behalf of Owner after the date
City initiates such action shall not be considered in determining
City's authority to revert the Property to acreage.
4. Effective Date of Agreement:
This Amendment shall be effective on the date that the Amendment is
recorded by the County of Orange in the Official Records.
5. Utility Deposits -Statement:
Prior to the commencement of any work to be performed under this
Amendment within an area delineated on a Final Map, the Owner must file
a written statement with the City Clerk and City Engineer, signed by the
Owner, to the effect that Owner has made all deposits legally required by
such public utility corporation for the connection of any and all public
utilities to be supplied by such public utility corporation within the
subdivision.
6. Pe rmits-Compliance with Law:
Owner shall, at Owner's expense, obtain all necessary permits and
licenses for the construction of required improvements, give all necessary
notices and pay all fees and taxes required by law .
7. Definitions and Ownership of Improvements:
The term "improvements" means: grading, paving, curbs and gutters,
pathways, storm drains, sanitary sewers, domestic and non-domestic
water, utilities, such as electric, telephone and cable TV, conduits, gas
lines, drainage facilities, traffic controls, landscaping and irrigation, street
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lights, and all other required facilities as shown in detail upon plans,
profiles and specifications which have been prepared or are now in final
preparation by engineers acting for Owner subject to approval by the City
Engineer. No work on said improvements shall be commenced until plans
and profiles therefore have been submitted to, approved and permitted by
the City Engineer. All required public improvements constructed or
installed pursuant to this Amendment shall become the sole exclusive
property of the City, without payment therefore, upon acceptance of said
improvements by the City Council.
8. Obligations of Owner:
Notwithstanding, the fact that Owner's plans and specifications,
completion of the work, and other acts are subject to approval of the City,
it is understood and agreed that any approval by the City thereof shall in
no way relieve Owner of satisfactorily performing said work or the related
obligations hereunder. The construction shall be done strictly in
accordance with the plans and specifications including supplements and
revisions prepared by Owner or its registered engineer, and as approved
by the City as being consistent with the City Code and Standards. Owner
warrants that its plans and specifications conform as a minimum to said
codes and standards and that they are adequate to accomplish the work
in a good workmanlike manner and in accordance with responsible
construction practices.
In addition to the foregoing, Owner shall satisfy all the conditions of
approval set forth on the City approved tentative map for the Property.
Owner shall also perform all work and furnish all materials necessary, in
the opinion of the City Engineer and on his order, to complete the Works
of Improvement in accordance with the plans and specifications on file as
hereinbefore specified, or with any changes required or ordered by said
Engineer which, in his opinion, are necessary or required to complete this
work.
9. Intent of Plans and Specifications:
The intent of the plans and specifications referenced above is to prescribe
a complete work of improvement, which Owner shall perform, or cause to
be performed in a manner acceptable to the City Engineer (or designee)
and in full compliance with all codes and the terms of this Agreement.
Owner shall complete a functional or operable improvement or facility,
even though the plans and specifications may not specifically call out all
items of work required for the contractor to complete its tasks, incidental
appurtenances, materials, and the like. If any omissions are made of
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information necessary to carry out the full intent and meaning of the plans
and specifications, Owner or its contractor shall immediately notify its
design engineer who will seek approval of the City Engineer for furnishing
of detailed instructions . In the event of any doubt or question arising
regarding the true meaning of any of the plans, specifications, or related
documents, reference shall be made to the City Engineer whose decision
thereon shall be final.
10 . Superintend e nce by Owner:
Owner shall give personal superintendence to the Works of Improvement,
or have a competent foreman or superintendent, satisfactory to the City
Engineer, on the work at all times during progress, with authority to act for
Owner. In the event the Owner is not exercising satisfactory
superintendence, the City Engineer may order suspension of all work
within the subdivision until the deficiency is adequately corrected.
11. Repair and Replacements:
Owner shall replace, or have replaced, or repair, or have repaired, as the
case may be, or pay to the owner the entire cost of replacement or
repairs, for all survey monuments or for any and all property damaged or
destroyed by reason of any work done hereunder, whether such property
be owned by the United States or any agency thereof, or the State of
California, or any agency or political subdivision thereof. or by the City or
by any public or private corporation, or by any person whomsoever or by
combination of such owners. Any such repair or replacement shall be
completed in a reasonable manner and subject to the approval of the City
Engineer and affected property owner.
12 . Inspection by City :
Owner shall at all times maintain proper facilities and provide safe access
for inspection by City to all parts of the work and to the shops where the
work is in preparation . The Owner shall pay the cost of inspections . City's
inspector shall have the authority to stop any and all work not in
accordance with the requirements contained or referenced in this
Agreement.
The inspection of the work by City shall not relieve Owner or the
contractor of any obligations to fulfill this Amendment as herein provided;
unsuitable materials or work may be rejected notwithstanding that such
materials or work may have been previously overlooked or accepted.
Amendment #1 and Reinstatement of SIA
Tr16749
-11-
Attachment 1, Page 11 of 23
No inspection or acceptance pertaining to specific parts of the Works of
Improvement shall be construed as final acceptance of any part until the
overall final acceptance by City is made. Final acceptance shall not
constitute a waiver by City of defective work subsequently discovered .
The date on which the Works of Improvement will be considered as
complete shall be that date on which the City Council accepts the
improvements and authorizes the City Clerk to file a Notice of Completion
with respect thereto .
13. Authority of the City Engineer:
All required improvements shall be constructed under the inspection of
and subject to approval of the City Engineer. Therefore, it is mutually
agreed by the parties hereto that the City Engineer shall have the right to
reject any or all of the work to be performed under this contract if such
work does not conform with City Codes and Standards and the plans and
specifications mentioned herein, including subsequent revisions that may
have been previously overlooked during the plan review process. Any
damage to the improvements (existing or new) that occurs during or after
installation of work performed under this shall be repaired or replaced, by
the Owner, to the satisfaction of the City Engineer before the final
acceptance of completed work and release of security . In addition to the
authority granted to the City Engineer elsewhere in this Agreement, the
City Engineer shall have the authority to make a final decision in regard to
all questions which may arise as to the quality and acceptability of
materials furnished and work performed, and all questions as to the
satisfactory and acceptable fulfillment of the terms of this Amendment by
Owner and Owner's contractor.
14. Changes in the Wo rk:
The City Engineer, without invalidating this Amendment and without
notification to any of the sureties referenced in Article 2 of this
Amendment, may order extra work or may make changes by altering or
deleting any portion of the Works of Improvement as specified herein or as
deemed necessary or desirable by the City Engineer to accomplish the
purposes of this Amendment and to protect the public health, safety, and
welfare. It is mutually understood that it is inherent in the nature of the
work contemplated by this Amendment that some changes in the plans
and specifications and related documents may be necessary during the
course of construction to adjust them to field conditions and to assure the
protection of the public health, safety, and welfare. The City Engineer
shall notify Owner or Owner's contractor in writing (by Correction Notice)
at the time a determination has been made to require changes in the
Works of Improvement. No field changes performed or proposed by
Amendment #1 and Reinstatement of SIA
Tr16749
-12-
Attachment 1, Page 12 of 23
Owner or its contractor shall be binding on City unless approved in writing
by the City Engineer.
15. No Warranty by City:
The plans and specifications and related documents for the Works of
Improvement have been prepared by or on behalf of Owner or its
consultants or contractors, and City makes no representation or warranty,
expressed or implied, to Owner or to any other person regarding the
adequacy of the plans or specifications or related documents.
16. Liability for Performance. Injury or Damage:
Neither the City nor any of its officers or agents shall be liable to Owner or
its contractors for any error or omission arising out of or in connection with
any work 'to be performed under this contract. Additionally, the City shall
not be liable to the Owner or to any other person, firm, or corporation
whatsoever, for any injury or damage that may result to any person or
property by or from any cause whatsoever in, on, or about the subdivision
of said land covered by this Agreement, or any part thereof.
17. Indemnifications and Release:
Prior to the commencement of any work pursuant to this Agreement,
Owner (if performing work itself) or Owner's contractors shall furnish to the
City satisfactory evidence of an insurance policy written upon a form and
by a company {which meets with the approval of the City) insuring the
City, its officers, elected and appointed officers, agents, and employees as
additional insureds against loss or liability which may arise during the work
or which may result from any of the work herein required to be done,
including all costs of defending any claim arising as result thereof.
Minimum general liability insurance shall be not less than $2,000,000 per
occurrence and not less than $4,000,000 aggregate. Said policy shall be
in favor of Owner or its contractors, as primary insureds, and of the City,
its officers, elected and appointed officers, agents, and employees, as
additional insureds, and shall be maintained in full force and effect during
the life of this Agreement, including extensions. Said policy shall state by
its terms and by an endorsement that it shall not be canceled until the City
shall have had at least ninety {90) days' notice in writing of such
cancellation.
The Owner hereby releases and agrees to defend (with legal counsel
selected by Owner and reasonably acceptable to the City), indemnify and
hold the City harmless from and against any and all injuries to and deaths
of persons and injuries to property, and all claims, demands, costs, loss,
Amendment #1 and Reinstatement of SIA
Tr16749
-13-
Attachment 1, Page 13 of 23
damage and liability, howsoever the same may be caused and
whensoever the same may appear, resulting directly or indirectly from the
performance or nonperformance of any or all work to be done in and upon
the subject property and the premises adjacent thereto pursuant to this
Agreement, and also from any and all injuries to and deaths of persons
and injuries to property or other interests and all claims, demands, costs,
loss, damage, and liability, howsoever the same may be caused and
whensoever the same may appear, either directly or indirectly made or
suffered by the Owner, the Owner's agents, employees, and
subcontractors, while engaged in the performance of said work.
18. Li ab ili ty of Owne r:
The Owner agrees that the use for any purpose and by any person of any
and all of the streets , easements and improvements herein specified shall
be at the sole and exclusive risk of the Owner at all times prior to final
acceptance by the City of the completed street and other improvements
thereon and therein; provided that acceptance by the City shall in no way
eliminate or lessen any of the Owner's obligations or undertakings
contained in this Agreement. The issuance of any occupancy permits (if
granted) by the City for buildings located within said subdivision shall not
be construed in any manner to constitute an acceptance and approval of
any or all of the required improvements in said subdivision .
19 . Owne r's Ex pen ses:
The Owner shall pay these additional expenses:
a. The Owner shall cause to be made and/or pay for soil tests made
by a re putable Geotechnical consu ltant/firm to determine stability,
gradat ion , bearin g, and res istance value of soils within the
subdivision from which to determine the nature and design of
appropriate improvements. The Owner shall also pay for all
compaction and related tests necessary to determine that all fill
work and the utility trench backfill has been satisfactorily placed.
b. All service (including plan check and inspection), impact and
connection fees as established by City shall be paid for each lot in
the subdivision in accordance with the City Code.
c. All actual costs for, design, plan check, development process and
inspection incurred by the City in evaluating any proposed or
agreed upon change in work . In no event shall Owner be entitled to
additional inspections or final inspection and acceptance of any of
the Works of Improvement until all City fees and charges have
Amendment #1 and Reinstatement of SIA
Tr16749
-14-
Attachment 1, Page 14 of 23
been fully paid, including, without limitation, charges for applicable
penalties and additional required inspections.
Owner shall compensate the City for all actual costs reasonably
incurred in having its authorized representatives make the usual and
customary engineering services beyond the specified "Time of
Completion" referenced in Article 3 . Said actual costs include :
inspection of Works of Improvement, engineer design review , plan
check and project development process. Owner agrees to pay the
cost of said City services within forty-five (45) days of invoice date, or
as determined by the City Engineer .
20 . Rela ti ons hip of Contractors :
It is hereby mutually covenanted and agreed by the parties hereto that
Owner's contractors are not agents of the City, and that the contractors'
relations to City, if any, are those of independent contractors .
21 . Certi fi catio n of Satisfactory Completion :
Upon the satisfactory completion of the Works of Improvement by the
Owner , the City Engineer shall certify that the Works of Improvement have
been satisfactorily completed.
22. Re pa irs or Reco nstruction of Defecti ve Work:
If, within a period of one ( 1) year after City Council acceptance of the
improvement work performed under this Amendment , any of the
improvements or work done under this Amendment fails to fulfill any of the
requirements of this Amendment, or the specifications referred to herein ,
Owner shall without delay and without any cost to the City (upon receipt of
written notice from the City), repair or replace or reconstruct any defective
or otherwise
Unsatisfactory part, or parts, of the work or structure . Should Owner fail to
act promptly or in accordance with this requirement, or should the
exigencies of the case require repairs or replacements to be made before
Owner can be notified, City may, at it~ option, make the necessary repairs
or replacements or perform the necessary work and Owner shall pay to
City the actual cost of such repairs plus an amount equivalent to the
current general City overhead costs .
Amendment #1 and Reinstatement of S IA
Tr16749
-15-
Attachment 1, Page 15 of 23
23. Warranty:
Without limiting the foregoing, Owner warrants and guarantees: materials
used and workmanship performed on said work for a period of one (1)
year after completion and acceptance thereof by the City, the setting of all
required Final Map monuments and agrees to maintain all required
landscaping in a vigorous and thriving condition for a period of twelve (12)
months after completion and written acceptance thereof by the Director of
Public Works and Utilities Department and by the HOA Only the
warranty security for the landscape improvement shall be posted with the
HOA All other security instruments shall be submitted to the City in
accordance with Article 2. The warranty provided herein shall not be in
lieu of, but shall be in addition to, any warranties or other obligations
otherwise imposed by law.
24. Default:
24.1 Remedies Not Exclusive: In any case where this Amendment
provides a specific remedy to City for a default by Owner
hereunder, such remedy shall be in addition to, and not exclusive
of, City's right to pursue any other administrative, legal, or equitable
remedy to which it may be entitled.
24.2 Citv Right to Perform Work: In addition to whatever other rights or
remedies it may have for Owner's default hereunder, in the event
Owner shall fail to timely perform any work required to be
performed under this Amendment and such failure shall continue
for a period of thirty (30) days after receipt of written notice of
default from City, or thereafter Owner shall fail to diligently pursue
the cure of any such default to completion, City shall have the right
to enter into the Property and perform any of the uncompleted work
by force account or contract or both and thereupon recover from
Owner and the surety company, or both, the full cost and expense
thereby incurred by City.
24.3 Attorney's Fees and Costs: In the event of any litigation arising out
of Owner's performance of its obligations under this Amendment or
under any of the Security Instruments referenced herein, the
prevailing party in such action, in addition to any other relief which
may be granted, shall be entitled to recover its reasonable
attorney's fees and costs. Such attorney's fees and costs shall
include fees and costs on any appeal, and in addition a party
entitled to attorney's fees and costs shall be entitled to all other
reasonable costs incurred in investigating such action, taking
depositions and discovery, retaining expert witnesses, and all other
necessary and related costs with respect to the litigation. All such
Amendment #1 and Reinstatement of SIA
Tr16749
-16-
Attachment 1, Page 16 of 23
fees and costs shall be deemed to have accrued on
commencement of the action and shall be enforceable whether or
not the action is prosecuted to judgment.
25. Notice of Completion:
Upon approval of the Works of Improvement by the City Engineer and
acceptance by the City Council, the Owner shall file in the Official Records
a Notice of Completion of the improvements herein specified.
26. Filing of Improvement Plans:
Upon completion of the job and prior to final acceptance of the Works of
Improvement by the City, the Owner shall submit to the City Engineer for
review and approval, one Mylar (4 mils) set of "record" drawings as well as
digital copies of all improvement plans in accordance with the latest
edition of the "City of San Juan Capistrano Digital Submission Standards".
These drawings shall be certified and shall reflect the job as actually
constructed, with all changes incorporated therein.
27. Assignment:
This Amendment shall not be assignable by Owner without written
consent of City.
Amendment #1 and Reinstatement of SIA
Tr 16749
-17-
Attachment 1, Page 17 of 23
IN WITNESS WHEREOF, )~i s AmendmPi h.a\ been duly executed by the
Owner herein named on the Q \ .!.._ day of ~\ , 20 · , the name and
corporate seal of each corporate party being here o affixed and these presents duly
signed by its undersigned representative(s) pursuant to authority of its governing body.
OWNER
LV PACIFIC POINT LLC
A Delaware Limited Liability Company
Jonas Stiklorius
Name: __ A_u_t_h_or_iz_e_d_S_ig_n_a_to_ry_
Its: ·--------------------
(Attach Notary Acknowledgement)
Attachment: Exhibit A
Amendment #1 and Reinstatement of SIA
Tr16749
CITY OF SAN JUAN CAPISTRANO
By :____,/]w_"-=----_k__._~------"----
Derek Reeve, Mayor
APPROVED AS TO FORM:
Hans Van Ugten , City Attorney
-] 8-
Attachment 1, Page 18 of 23
PlJBLIC AGENCY FORM OF ACKNOWLEDGEMENT
A notary public or other officer completing this certi licate
verities only the identity ofthe individual who signed the
document. to which this certificate is attached, and not the
truthfulness, accuracy, or validity ol~that document.
State of California )
County of Orange ) ss.
City of San Juan Capistrano )
(Gov't Code 40814 & Civil Code 1181)
On April 23, 2015 , before me, Maria Morri:, Citv Clerk. personally appeared
Dc 1·ek Re vc , Mayor and llan · Van Ligten. 'itv ttorncv, who proved to me on the basis of
satisfactory evidence to the be person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies),
and that by his/her/there signature on the instrument the person(s), or the entity upon behalf of which
the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State ofCalifomia that the foregoing
paragraph is true and correct.
(SEAL)
Capacity Claimed by Signers
Mayor
City Attorney
Title
Signer is Representing
City of San Juan Capistrano
OPTIONAL
Description of Attached Document
Title or Type of Document
Amendment II I and Reinstatement to Subdivision
Improvement Agreement (Tentative Tract Map 16749)
LV Pacific 1•oint LLC
Attachment 1, Page 19 of 23
OWNER
ACKNOWLEDGMENT
STATE OF NEW YORK )
) ss.
COUNTY OF NEW YORK )
....
51'
On thef_ day offJ/?~in the year 2015 before me, the unders ig ned, a Notary
Public in and for said State , personally appeared s5btMs Sbt:{f:>n~ersonally
known to me or proved to me on the basis of satisfactory evidence to be the individual
whose name is subscribed to the within instrument and acknowledged to me that he
executed the same in his capacity, and that by his signature on the instrument, the
individual, or the person upon behalf of which the individual acted, executed the
instrument.
(Notarial
Seal)
Amendment #1 and Reinstatement of SIA
Tr 16749
Notary Public
-19-
USA A . PHELAN
Notary P ubhc State of New York
auahh ;,,; .n Ne"' Vorl-County
Reg N\J . 01 PH6292618
Commission Expires November 4. 2017
Attachment 1, Page 20 of 23
Exhibit A
WORKS OF IMPROVEMENT
CERTIFICATION OF PARTIAL COMPLETION OF SUBDIVISION IMPROVEMENTS
Final Tract Map 16749
I hereby certify that the following improvements in Pacifica San Juan Final Tract Map ("FTM")
167 49 have been completed , to wit
Schedule of Improvements Total Amount Percent Complete Remaining
Amount or Bond
Amount
Street Improvements $0 NA $0
Water Improvements $0 NA $0
Sewer Improvements $0 NA $0
Drainage Improvements $0 NA $0
Landscape and Irrigation $342 ,692 75% $85,673
Monumentation $14 .500 0% $14 ,500
Off-site Public Improvements (1) NA (1)
Total Works of Improvement $357,192 72% $100,173
(1) With Improvement and Reimbursement Agreement
Street Improvements
The Performance Bond is for the amount of Zero Dollars --------------------------~~---($ 0 ). (1 00% of Column 4)
The Laborers and Materialmens Bond is for the amount of Zero Dollars -----------------------($ 0 ). (1 00 % of Column 4)
Water Improvements
The Performance Bond is for the amount of Zero Dollars --------------------------~~---($ 0). (100 %ofColumn4)
The Laborers and Materialmens Bond is for the amount of Zero Dollars -----------------------($ 0 ). (100% of Column 4)
Sewer Improvements
The Pertormance Bond is for the amount of Zero Dollars ---------------------------------($ 0 ). (100% of Column 4)
Subdivision Improvements Agreement
Pa cifi ca Sa n Juan , F TM 16749 1 of 3
Attachment 1, Page 21 of TJ<hibit A
The .Laborers and Material mens Bond is for the amount of ________ ...;;;Z:..::e.:..;ro:.....__Dollars
($ 0 ). (100% of Column 4)
Drainage Improvements
The Performance Bond is for the amount of Zero Dollars -----------------($ 0 ). (100% of Column 4)
The Laborers and Material mens Bond is for the amount of Zero Dollars ---------=~--($ 0). (100%ofColumn4)
Landscape and Irrigation
The Performance Bond is for the amount of Eighty Five Thousand Six Hundred Seventy Three
Dollars ($ $85,673 ). (100% of Column 4)
The Laborers and Materialmens Bond is for the amount of Eighty Five Thousand Six Hundred
Seventy Three Dollars ($ $85.673 ). (100% of Column 4)
Monumentation
The Performance Bond is for the amount of Fourteen Thousand Five Hundred Dollars
($ $14 ,500 ). (100% of Column 4)
The Laborers and Material mens Bond is for the amount of Fourteen Thousand Five Hundred
Dollars ($ $14,500 ). (100% of Column 4)
Off-site public Improvements
The Performance Bond is for the amount of
($ 0 ). (100%ofColumn4)
Zero Dollars -~-----------~~--
The Laborers and Materialmens Bond is for the amount of
($ 0 ). (100% of Column 4)
Subdivis ion Improvements Agreement
Pacifica San Juan, FTM 16749
Zero Dollars ---------~~---
2 of 3
Attachment 1 , Page 22 of 2~xhib i t A
.
SUBMITTED BY ENGINEER OF RECORD
I estimate the total cost of completing the remainder of the in-Tract FTM 16749 improvements,
agreed to be performed by the Owner and Subdivider to be
One Hundred Thousand One Hundred Se:v.en~ h ree Dollars ($1 00, 173)
DATED:
ACCEPTED BY CITY
DATED 1~V (
Subdivision Improvements Agreement
Pacifica San Juan, FTM 16749 3 of 3
Attachment 1, Page 23 of 23Exhibit A
RESOLUTION NO. 17-10-17 -XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DETERMINING COMPLETION OF WORK
IN ACCORDANCE WITH APPROVED PLANS AND SPECIFICATIONS
FOR THE CONSTRUCTION OF ON-SITE AND OFF-SITE
IMPROVEMENTS ASSOCIATED WITH TRACT 16749 BELLE CLIFF (LV
PACIFIC POINT, LLC)
WHEREAS, on April 21, 2015, the City of San Juan Capistrano entered into
Amendment No. 1 and Reinstatement to Subdivision Improvement Agreement with the
developer of the Belle Cliff Residential Development (Tract 16749) providing for the
construction of certain onsite and off-site improvements; and,
WHEREAS, LV Pacific Point, LLC, the current developer of Tract 16749 has
requested that the City determine that such certain on-site and off-site improvements
are completed and the corresponding remaining surety bonds be released accordingly.
The surety release is as follows:
SURETY COVERAGE
(lronshore Indemnity Inc.)
Bond Number Type of Improvement Bond Amount
SUR21000025 Landscape and Irrigation $ 85,673.00
$ 14,500.00
$ 100,173.00
SUR21 000021 Monumentation
Total Bond Amount
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San
Juan Capistrano as follows:
SECTION 1. That the improvement work required to be performed by said developer
has been completed and approved.
SECTION 2. That the completed work with a value of $100,173 is accepted.
SECTION 3. That the sureties described in the chart above may be released
accordingly.
PASSED, APPROVED, AND ADOPTED this 17th day of October 2017 .
Kerry K. Ferguson, Mayor
ATTEST:
Maria Morris, City Clerk
Attachment 2, Page 1 of 1
RECORDED AT REQUEST OF AND
RETURN TO:
City of San Juan Capistrano
City Clerk's Office
32400 Paseo Adelanto
San Juan Capistrano, CA 92657
RECORDING FEES EXEMPT DUE TO
GOVERNMENT CODE SECTION 6103
Maria Morris, City Clerk
San Juan Capistrano, CA
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that on April21, 2015, Amendment No. 1 and Reinstatement to
Subdivision Improvement Agreement was entered in to by the City of San Juan Capistrano and
LV Pacific Point, LLC for the construction of on-site and off-site improvements relating to the
development of Tract 16749, Belle Cliff in San Juan Capistrano.
That said work was completed on September 14, 2014, by said company according to plans and
specifications and to the satisfaction of the City Engineer of the City of San Juan Capistrano,
and that said work was accepted by the City Council of the City of San Juan Capistrano, as the
owner, 32400 Paseo Adelanto, San Juan Capistrano, California 92675, at a regular meeting
thereof held on the 17th day of October 2017 by Resolution No. 17-10-17 -XX.
That upon said contract, Developers Surety and Indemnity Company was surety for the bonds
given by the said company as required by law.
Dated at San Juan Capistrano, California, this 17th day of October 2017.
Maria Morris, City Clerk
City of San Juan Capistrano
STATE OF CALl FORN lA )
COUNTY OF ORANGE ) ss .
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS , the duly appointed and qualified City Clerk of the City Council of the
City of San Juan Capistrano , California, DO HEREBY CERTIFY, under penalty of perjury that
1) I have read the foregoing document and know the contents thereof, and the facts therein
state are true of my own knowledge; 2) I declare the forgoing is true and correct; and 3) the
foregoing Notice of Completion was duly and regularly ordered to be recorded in the Office of
the Orange County Recorder by said City Clerk.
Dated at San Juan Capistrano, California , this 17th day of October 2017 .
Maria Morris, City Clerk
City of San Juan Capistrano
Attachment 3, Page 1 of 1
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TTM Boundary
TTM 15609
Tract No. land l.!Je No. of UnitJ
lb747 Country • Unit!
15609 North E1t01!e• 23 Unit•
16750 HarrorVi•la 46 Unit•
16"51 Valley 22 Un ill
1675:! Valley 82 Unit•
1 6748 Vi•ta 41 Unit>
TTM 14196
Tract No. land l.!Je No. ofUnitJ
11>749 Vi1ta 29 Unit•
14196 Vi•ta 44 Unit•
15687 Garden • Unill
15687 School Site
• Total: 416 Units"
• ....... "'UnitCauo:t Wtf;G>JfrCDunc..y&~rtM.zyflx:tu~·T«~NMi"E.::.rcl4t• Ur.*f
Pacifica San Juan
lfRACT!LO)T NO. EX.
(Final Tract Lot Numbers)
City of San juan Capistrano
BIT
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