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1981-0422_CAMPEAU CORP_Settlement AgreementSETTLEMENT AGREEMENT THIS AGREEMENT is made and entered into on the date(s) hereinbelow set forth by and between the CITY OF SAN JUAN CAPI- STRANO (hereinafter referred to as the "CITY"), COLINAS DE CAPI- STRANO DEVELOPMENTS, INC. and CAMPEAU CORPORATION CALIFORNIA, INC. (hereinafter collectively referred to as "CAMPEAU"), and J. F. SHEA COMPANY, INC. d/b/a/ SHEA HOMES (hereinafter referred to as "SHEA"). RECITALS THIS AGREEMENT is made with reference to the following facts: A. The focal point of this Agreement is that certain tract of land comprising approximately 1,180 acres located in and within the sole jurisdiction of the COUNTY OF ORANGE ("County"), commonly known as the COLINAS DE CAPISTRANO PROPERTY ("Property"). B. Up to and including March 4, 1981, Campeau, Shea and others have submitted and received approvals from various County agencies and departments of proposed plans of development of the Property, including but not limited to Tentative Subdivi- sion Tract Maps and related permits and approvals ("Subject Approvals"). C. On April 10, 1980, the City filed an action (Case No. 33-23-84) in Orange County Superior Court entitled "Complaint for Declaratory Relief and Injunctive Relief and Petition for Writ of Mandate" naming the County, Campeau and Shea as Defend- ants/Respondents ("First Lawsuit"). The First Lawsuit attacked and sought to overturn certain of the Subject Approvals. D. The aforementioned action came on for hearing on October 6, 7, 15 and 16, 1980 in Department 24 of the Orange County Superior Court, the Honorable Edward J. Wallin presiding, without a jury. On October 20, 1980, the Court issued a prelimi- nary injunction enjoining Campeau and Shea from grading, develop- ing or otherwise physically changing the Colinas de Capistrano property. Al 9 0 E. On or about April 13, 1981, Judge Wallin of the Orange County Superior Court issued and entered in the First Lawsuit Findings of Fact, Conclusions of Law, and a Judgment, in favor of County, Campeau and Shea and against City, denying City all relief. On or about April 10, 1981, Judge Wallin of the Orange County Superior Court issued an Order staying enforcement of that Judgment until May 1, 1981. City had indicated it in- tends to appeal from the adverse Judgment in the First Lawsuit. F. On December 30, 1980, the City filed a second action (Case No. 34-77-78) in Orange County Superior Court en- titled "Petition for Writ of Mandate and Complaint for Declara- tory and Injunctive Relief" naming the County, Campeau, Shea and the Howard Mark Company as Respondents/Defendants ("Second Lawsuit"). This action, like the earlier action, challenged cer- tain of the Subject Approvals by the County in connection with the proposed development of the Colinas de Capistrano Planned Community. This action is presently set for hearing on July 6, 1981 in Department 24 of the Orange County Superior Court. G. City has indicated that in the near future it in- tends to commence an action/proceeding in the Orange County Sup- erior Court against County, Campeau, Shea and possibly others, attacking and seeking to overturn some of the Subject Approvals ("Potential Lawsuit"). H. The parties now desire to settle and resolve all their differences and disputes relating to the Property, includ- ing but not limited to the Subject approvals, the First Lawsuit, the Second Lawsuit and the Potential Lawsuit. NOW, THEREFORE, in consideration of the covenants and promises provided herein, the parties hereto agree as follows: 1. Shea agrees to request in any application it later presents to County for approval of a proposed plan of development of Area 3 of the Property, the deletion of the presently proposed alignment for the Junipero Serra Road extension cutting through the ridge at the boundary between Planning Area 2 and Planning Area 3 of the Property, and to request in its place approval by County of a new alignment of the aforesaid extension locating it in the Capistrano Valley area along the alignment of the pre- viously proposed Trabuco Road between the Street of the Golden Lantern and City's westerly boundary. Shea agrees to make said application and request in a timely and appropriate manner, and Campeau agrees not to inter- fere or object to such application and request, or its approval. -2- W, t Furthermore, Shea agrees not to commence grading of the current proposed Junipero Serra Road alignment until the County has con- sidered and finally determined the above application and request. City agrees to timely and appropriately seek to provide a workable linkage of the proposed new alignment to Camino Capi- strano. City further agrees that it will not interfere with or object to an application by Shea for a plan of development of Area 3 of the Property, provided that such plan conforms to the revised Ridgeline Treatment Plan, as shown on Exhibit "A", attached hereto and made a part hereof, or County's approval thereof, that will include locating an additional commercial site at the inter- section of the Street of the Golden Lantern and Trabuco Road as shown on said Exhibit "A". 2. Campeau and Shea agree to withdraw any objections to the Property being within the City's official Sphere of In- fluence adopted by the Local Agency Formation Commission. 3. At the time of recordation of the final subdivision tract map on the Property, County will receive from Campeau and Shea offers of dedication of open space easements on the natural open space areas shown on the approved development plan and tentative subdivision tract maps, which open space easements will prevent further subdivision or development of this area but will in no way inhibit other uses by its owners. In the event that County refuses the offer of dedication of said easements within six (6) months after it is made, Campeau and Shea agree to offer to dedicate to City. In the event that County accepts dedication of said easements and subsequently determines that it no longer wishes to retain said easements, Campeau and Shea agree to support and reasonably cooperate with a transfer of such easements from County to City. 4. Campeau and Shea will employ the following speci- fic techniques to mitigate visual impacts of areas along the ridgeline on the Property where houses could be visible, at the following locations: (a) A minimum differential of 25 feet to be main- tained between pad elevations and the top of the adjacent back cut on the ridgeline of Area 3, as shown in Exhibit "A" attached hereto. (b) Special grading treatments, berms, special landscape treatments, location of mini -parks and use of earthtone colors and dark roofs for all units along east/west ridge above and southerly of Trabuco Road alignment as shown on Exhibit "B" attached hereto. -3- 0 0 (c) Ten -foot high berm with extensive landscaping on easterly side of proposed commercial area adjacent to Trabuco Road. (d) Use of landscape treatments, together with earthtone colors and dark roofs for buildings along most north- erly "daylight cut" knoll in Tract 10726, on Lots 125-127, inclu- sive and Lots 152-156, inclusive. 5. Campeau and Shea agree they will not interfere or object if County agrees to notify City of any and all grading plans and applications proposed along the entire ridgeline cover- ing Planning Areas 1, 2 and 3, including notification of any pro- posed changes after grading permits are issued whether such changes are made in the field or in County offices. 6. Campeau and Shea agree to provide access to the Property during grading operations for representatives of City to make on-site inspections of work performed on the ridgelines, subject to the following conditions: (a) such inspections must be made in a reasonable manner so as not to interfere with opera- tions going on; (b) such inspections will occur solely at the risk of City and its representatives; (c) City and its represen- tatives will waive in writing all claims for personal injury and property damage occurring in connection with such inspections; and (d) City will agree in writing to hold Campeau and Shea harm- less from all claims for personal injury and property damage made by any individual City authorizes to inspect the subject property on behalf of City. 7. Campeau and Shea agree to adhere to the ridgeline treatment plan set out in Exhibit "A" hereto. 8. This Agreement is conditioned upon the following: (a) City acknowledges and agrees that the Find- ings of Fact, Conclusions of Law and Judgment issued and entered in the First Lawsuit are and will remain final, and City hereby waives its right to object or to appeal therefrom. (b) City will forthwith file with the Court in the First Lawsuit a waiver and/or withdrawal of the Order staying enforcement, and a request for the vacation of the Preliminary Injunction. (c) City will forthwith file with the Court in the Second Lawsuit a Request For Entry of Dismissal With Preju- dice. (d) City acknowledges the validity and propriety, waives all objections to, and agrees not to commence any action or proceeding attacking or seeking to overturn, on City's behalf or on behalf of others, the Subject Approvals. -4- 9. All parties to bear their own costs, including attorneys' fees and Court costs that they may have incurred arising from City's commencement and maintenance of the First Lawsuit, the Second Lawsuit, and prepartaion of the Potential Lawsuit. 10. All parties hereto agree that This Agreement shall be binding upon the parties, their successors, personal represen- tatives and assigns. 11. This Agreement will be effective only after City has performed the acts set out in Paragraph 8 hereof, and all parties have executed it after receiving proper legal authoriza- tion to do so. DATED: 1981 CITY OF SAN JUAN CAPIS MiYyor/Couu6ilmdn Phillip R. SIPTartze ��(AyATTEST : /Cit Clerk APPROVED AS TO FORM: C' Attorney DATED: 7 , 1981 DATED: ¢/2,2. , 1981 DATED: 1981 SHEA C014PA Y INC., dba HOMES I COLINAS DE CwbISTRANO DEVELOPMENTS INC. By 1ti� Its ✓.cc PRss. CAMPEAU CORPO TION CALIFORNIA INC. By 9_�'__ -5- Its lWele -Ptei Ll APPROVED AS TO FORM DATED: —A a; 1981 DATED: #/- Z Z DATED: '/- Z Z , 1981 0 RUTAN & TUCKER By Leonard a pel LAW OFFICES OF MARLENE A. FOX ByV.� M rlene A. Fox Attorneys for J.F. Shea Company Inc. dba Shea Homes 1981 FULOP, ROLSTON, BURNS & MCKITTRICK By + r G avid of an At rneys for nas De Capistrano Developments Inc. and Campeau Corporation California Inc. STATE OF CALIFORNIA ss. COUNTY OF ORANGE ) On f pri L oZoa , 1981, before me, the undersigned, a Notary Public in and for said State, personally appeared PHILLIP R. SCHWARTZE, known to me to be the Mayor of the CITY OF SAN JUAN CAPISTRANO, the municipal corporation that executed the within instrument, and known to me to be the person who executed the within instrument on behalf of said municipal corporation, and acknowledged to me that such municipal corporation executed the within instrument pursuant to its ordinances or a resolution of its City Council. WITNESS my hand and official seal. Rn xxaaauxawaaaxaaaaaamana.aaaxnnuunnnaanmu� �,.,{� NO SUSAN J. HART Notary Publi n and for Said State NOTARY PUBLIC CALIFORNIA Z PRINCIPAL OFFICE IN ORANGE COUNTY any Commission Expires Now, 18, 1983 �aaxaneavaaaaaraeazzaaaaaaaaaaaaaaaeaaannaaaanaawoe's cm STATE OF CALIFORNIA ss. COUNTY OF ORANGE Oni� , 1981, before me, the undersigned, a Notary Public in and for said State, personally appeared ROY HUMPHREYS, known to me to be the President of SHEA HOMES, the corporation that executed the within instrument, and known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors. WITNESS my hand and official seal. • OFFICIAL SEAL e • �'' Jenr.i :r Dawn Cleek •. ' E • '-" NO;:,',' PJ3U'_ - CALIFORNIA r ♦ �:,�� Lh,N::IPSL OF NT IN ♦ � i URAtd "vE COUNTY � My Commission Expires July 18, 1961 • • o ♦♦o♦♦♦o♦o♦esse♦eso eeoeeTe••�♦ STATE OF CALIFORNIA COUNTY OF ORANGE i I No 0. , � ary P is in and for Said State SS. On Z Z Notary Public iM and for said McQUARRIE, known to me to be CAPISTRANO DEVELOPMENTS, INC. INC., the corporations that e known to me to be the person on behalf of the corporations me that such corporations exe to their bylaws or resolution 1981, before me, the undersigned, a State, personally appeared LENARD B. the Vice -President of COLINAS DE and CAMPEAU CORPORATION CALIFORNIA, xecuted the within instrument, and who executed the within instrument therein named, and acknowledged to cuted the within instrument pursuant s of their board of directors. WITNESS my hand and official seal. i �IGrC.dtL�IX, 0♦0♦00♦000♦♦♦♦OE00♦♦♦♦0000000♦ ♦ _ OFFICIAL SEAL • ary P lic in and for Said State ♦ y9 Jamii`s Dnvn Cleek Ts E ♦ NSC?.R" PJ:: LIC - CALIFORNIA c ♦ .p i..L OFF!CE IN • ORNJGE COUNTY • Ivty Com2isvion Expires July 18, 1981 4 —7- 6000000♦♦e ♦Osee♦e♦e♦OeeO♦Oee♦� RUTAN ATTORNEYS AT LAW 1RjjGjL,%4 F.© July 13, 2007 CITYCLERK 014 JUAN CAPISTRANO Meg Monahan City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Re: Settlement Agreement Dear Meg: Enclosed is the original Settlement Agreement you requested. Sincerely, RRUTTAN & TUCKER, LLP Valerie Bloom Assistant to William M. Marticorena VB:vb Enclosure Valerie Bloom Direct Dial: (714) 641-5100 E-mail: vbloonn rutan.corn Rutan 8 Tucker, LLP 1 611 Anton Blvd, Suite 1400, Costa Mesa, CA 92626 PO Box 1950, Costa Mesa, CA 92628-1950 1 714-641-5100 1 Fax 714-546-9035 809/007184-0009 Orange County I Palo Alto I www.rutan.com 33043201 a05/16/03 MEMORANDUM FROM: Christy Swanson, Secretary RE: Memo to File July 25, 2007 To view Exhibit A, ridgeline treatment plan, please refer to the original file with the settlement agreement.