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01-0518_KB HOME COASTAL INC_Subdivision Improvement Agreement ` Recorded in Official Records, County of Orange Recording Requested by and Gary Granville, Clerk-Recorder When Recorded Mail To: 11111111111111111111111111111111111111111111111111111111140.00 City of San Juan Capistrano 20010321956 01:22pm 05118101 Attention: City Clerk 117 27 Al2 18 32400 Paseo Adelanto 0.00 0.00 0.00 0.00 34.00 0.00 0.00 0.00 San Juan Capistrano, CA 926^75 P. 9 a aret R. Monahan, City Clerk Cit of San Juan Capistrano SUBDIVISION IMPROVEMENT AGREEMENT SUBJECT: TENTATIVE TRACT MAP 15998 THIS AGREEMENT is between the City of San Juan Capistrano, a municipal d corporation, State of California, hereinafter referred to as "City" and KB HOME Coastal Inc., a California Corporation whose mailing address is 3 Jenner, Suite 100, Irvine, CA 92618- 3802, hereinafter referred to as "Subdivider": THIS AGREEMENT shall be administered by the City in accordance with Resolution No. 97-10-7-1, for all involvement associated with the Capistrano Valley Water District, hereinafter referred to as "District": WHEREAS, the tentative map application was conditionally approved by Resolution No. 00-4-18-2; and WHEREAS, Subdivider is the owner of that certain parcel of land situated in the City of San Juan Capistrano, Orange County, generally described as Tentative Tract Map 15998 and Subdivider proposes to do and perform certain work of improvement thereon as hereinafter set forth; and WHEREAS, City desires to assure that said proposed improvements will be done in a good workmanlike manner and in accordance with the laws now in force and effect in the City of San Juan Capistrano, California, the terms and conditions of which are incorporated herein by reference; and WHEREAS, Subdivider declares that he is familiar with the pertinent regulations contained in the City Code and in the Subdivision Map Act (Government Code Sections 66410 to 66500) and agrees to comply therewith; and WHEREAS, a Final Map of said subdivision, prepared in accordance with the City's Subdivision Ordinance, has been filed by Subdivider with City for approval by the City Council; -1- NOW THEREFORE, in consideration of the approval and acceptance by the City Council of City and the Capistrano Valley Water District, if applicable, of said Final Map and the acceptance of easements therein offered for dedication for street and other public purposes and the covenants herein contained, the parties hereto mutually covenant and agree as follows: 1. General Requirements: Subdivider shall, at his 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", to the satisfaction of the City Engineer. Such work 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) and the construction of a new traffic signal and related street and sidewalk appurtenances on Alipaz street. The exact location of such traffic signal shall be determined by the City Engineer. Off-site Improvement Obligation and Participation. The applicant shall construct and shall contribute for the project's fair share financial participation for the improvement of streets and intersections as identified by the latest approved traffic study for the subject tract, performed by Austin-Foust Associates in October 1999 under the guidelines outlined in Administrative Policy # 310. The Developer's responsibility shall be in accordance with the City's Council Policy # 111- "Fair Share" Methodology & Developer Reimbursements. 2. Security: A. Subdivider shall, at all times beginning with the execution of this agreement, guarantee Subdivider's performance of this agreement 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: (1) A Faithful Performance Bond to ensure faithful performance of this agreement in regard to said improvements in the amount of 100% of the estimated cost of construction of the improvements; and (ii) A Labor and Materials Bond to secure payment to any -2- contractor, subcontractor, persons renting equipment or furnishing labor or materials for the improvements required to be constructed or installed pursuant to this agreement in the additional amount of 100%of the estimated cost of construction of the improvements; 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 Paragraph 2(A) above, Subdivider shall provide to City the following Security Instruments: (1) Prior to the City's final acceptance of the Works of Improvement and recordation of a Notice of Completion, Subdivider shall provide to City a Warranty Bond for Works of Improvement warranting the accepted Works of Improvement for a period of one (1) year following 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 Exhibit"A", or a suitable amount determined by the City Engineer. (ii) Prior to the City's final acceptance of the landscape and irrigation Works of Improvement, Subdivider shall provide a Landscape and Irrigation Warranty Bond warranting the landscape and irrigation Works of Improvement for a period of (1) year following said acceptance against any defective work or labor done or defective material furnished for any reason other than improper maintenance. 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's Director of Engineering and Building. The Landscape and Irrigation Warranty Bond shall be held by the development's Homeowners' Association ("HOA"). If this development is not subject to the formation of a HOA, then the Landscape and Irrigation Warranty Bond (if determined to be applicable by the Director of Engineering and Building) shall be held by the City. -3- All Security Instruments required by this agreement, 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 agreement are hereby incorporated in this agreement by reference. City shall release the Faithful Performance Bond upon Subdivider's written request following acceptance by City of the Works of Improvement and Subdivider's delivery to City of the Warranty Bond for Works of Improvement. City shall release the Labor and Materials Bond upon Subdivider'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) Subdivider has provided a statutory bond, or © otherwise as required by applicable law. City shall release the Warranty Bond for Works of Improvement upon Subdivider'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 Security Instruments. All Security Instruments shall meet the following minimum requirements and otherwise shall be in a form acceptable to the City Attorney: (1) 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 required to be instituted and maintained) in the County of Orange, State of California; -4- (iii) Each of the Security Instruments shall have a minimum term of one (1) year after the deadline for Subdivider's completing the Works of Improvement, in accordance with paragraph 3 herein; (iv) The Security Instruments shall reference Subdivider's obligations under this Agreement,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 within twenty-four (24) months from the effective date of this Agreement. The time for completion may be extended by the City Engineer, in writing, for good cause shown by the Subdivider. Subdivider 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 Paragraph 19 below. In the event that Subdivider 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 Subdivider, or his surety as herein provided. The City may require Subdivider, 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 Mature: Notwithstanding the provisions of paragraph 3 herein, Subdivider'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 Subdivider, 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 Subdivider or its contractor detailing the grounds for Subdivider's claim to a right to extend its time for performance hereunder. -5- 3.2 Continuous Work: After commencement of construction of the Works of Improvement (or separable portion thereof), Subdivider shall 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 Subdivider's failure to timely perform its obligations hereunder, Subdivider 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 66499.11-66499.20-314. In this regard, Subdivider agrees that if none of the Works of Improvement referenced herein have been made within the specified "Time of Completion" referenced in paragraph 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 Subdivider 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 Agreement shall not become effective unless and until the subdivision map has been approved by the City Council and also accepted for recordation by the County Recorder of the County of Orange. 5. Utility Deposits - Statement: Prior to the commencement of any work to be performed within the area delineated on the Final Map, the Subdivider must file a written statement with the City Clerk and City Engineer, signed by the Subdivider, and each public utility corporation involved,to the effectthat Subdivider 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. Permits - Compliance with Law: Subdivider shall, at Subdivider'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. -6- 7. Definition 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 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 Subdivider 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 Agreement shall become the sole exclusive property of the City, without payment therefore, upon acceptance of said improvements by the City Council. 8. Obligations of Subdivider: Notwithstanding the fact that Subdivider'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 Subdivider of satisfactorily performing said work or the related obligations hereunder. The construction shall be done strictly in accordance with the plans and specifications including supplementals and revisions prepared by Subdivider or its registered engineer, and as approved by the City as being consistent with the City Code and Standards. Subdivider 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, Subdivider shall satisfy all the conditions of approval set forth on the City approved tentative map for the Property. Subdivider 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. -7- 9. Intent of Plans and Specifications The intent of the plans and specifications referenced above is to prescribe a complete work of improvement which Subdivider 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. Subdivider 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 information necessary to carry out the full intent and meaning of the plans and specifications, Subdivider 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. Superintendence by Subdivider: Subdividershall 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 Subdivider. In the event satisfactory superintendence is not being exercised by the Subdivider, the City Engineer may order suspension of all work within the subdivision until the deficiency is adequately corrected. 11. Repair and Replacements: Subdivider 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 surrey 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. -g- 12. Inspection by City: Subdivider 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 cost of inspections shall be paid by the Subdivider. 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 Subdivider or the contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted. 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 Agreement shall be repaired or replaced, by the Subdivider,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 -9- 0 of the terms of this Agreement by Subdivider and Subdivider's contractor. 14. Changes in the Work: The City Engineer,without invalidating this Agreement and without notification to any of the sureties referenced in paragraph 2, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein oras deemed necessary or desirable by the City Engineer to accomplish the purposes of this Agreement 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 Agreement 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 Subdivider or Subdivider'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 Subdivider 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 Subdivider or its consultants or contractors, and City makes no representation or warranty, express or implied, to Subdivider 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 Subdivider 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 Subdivider 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. Indemnification and Release: Prior to the commencement of any work pursuant to this contract, Subdivider's contractors shall furnish to City satisfactory evidence of an insurance policy written upon a form and by a company(which meets with the approval of City)insuring City, its officers, agents,and employees against loss -10- . i • 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 liability and property damage insurance shall be not less than $500,000 for all damages arising out of bodily injury to or death of one person and not less than $1,000,000 for all damages arising out of bodily injuries to or death of more than one person in any one occurrence; and not less than $500,000 for all damages and/or destruction of property in any one occurrence and not less than$750,000 for all damages and/or destruction of property during the policy period. Said policy shall be in favor of Subdivider or its contractors and of the City, its officers, agents, and employees 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 City shall have had at least ninety (90) days' notice in writing of such cancellation. The Subdivider hereby releases and agrees to defend, 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, 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 Subdivider, the Subdivider's agents, employees, and subcontractors, while engaged in the performance of said work. 18. Liability of Subdivider: The Subdivider 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 Subdivider 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 Subdivider'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. Subdivider's Expenses: -11- The Subdivider shall pay these additional expenses: a. The Subdivider shall cause to be made and/or pay for soil tests made by a reputable Geotechnical consultant/firm to determine stability, gradation, bearing, and resistance value of soils within the subdivision from which to determine the nature and design of appropriate improvements. The Subdivider 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 Subdivider be entitled to additional inspections or final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including,without limitation, charges for applicable penalties and additional required inspections. d. Subdivider 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 paragraph 3 above. Said actual costs include: inspection of Works of Improvement, engineer design review, plan check and project development process. Subdivider 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. Relationship of Contractors: It is hereby mutually covenanted and agreed by the parties hereto that Subdivider's contractors are not agents of the City, and that the contractors' relations to City, if any, are those of independent contractors. 21. Certification of Satisfactory Completion: Upon the satisfactory completion of the Works of Improvement by the Subdivider, the City Engineer shall certify that the Works of Improvement have been satisfactorily completed. -12- 22. Repair or Reconstruction of Defective Work: If, within a period of one year after City Council acceptance of the improvementwork performed underthis Agreement,anyof the improvements or work done under this Agreement fails to fulfill any of the requirements of this Agreement, or the specifications referred to herein, Subdivider 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 Subdivider 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 Subdivider can be notified, City may, at its option, make the necessary repairs or replacements or perform the necessary work and Subdivider shall pay to City the actual cost of such repairs plus an amount equivalent to the current general City overhead costs. 23. Warranty: Without limiting the foregoing, Subdividerwarrants 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 Engineering and Building and by the Homeowner's Association. Only the warranty security for the landscape improvement shall be posted with the Homeowner's Association. All other security instruments shall be submitted to the City in accordance with Section 2 above. 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 Agreement provides a specific remedy to City for a default by Subdivider 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 City Right to Perform Work: In addition to whatever other rights or remedies it may have for Subdivider's default hereunder, in the event -13- Subdivider shall fail to timely perform any work required to be performed under this Agreement and such failure shall continue for a period of thirty (30) days after receipt of written notice of default from City, or thereafter Subdivider 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 Subdivider 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 Subdivider's performance of its obligations under this Agreement 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 fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or notthe 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 Subdivider shall file with the Orange County Recorder 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 Subdivider 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. These drawings shall be certified and shall reflect the job as actually constructed, with all changes incorporated therein. -14- ! 49 27. Assignment: This agreement shall not be assignable by Subdivider without written consent of City. IN WITNESS WHEREOF, two (2) identical counterparts of this agreement, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Subdivider herein named on the A 5 day of AORIL , 20LI--, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. KB HOME COASTAL, INC. CITY OF SAN JUAN CAPISTRANO A California Corporation By: / h—i'l By: L- a,Edwards /Wy4aft Hart, AYOR Executive Vice President n / CITY CLERK APPROVED AS TO FORM: By: — q C11 ATTORNEY (Attach Notary Acknowledgment) Attachment: Exhibit "A" -15- PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 118 1) On May 1. 2001 , before me, Margaret R. Monahan City Clerk, personally appeared Wyatt Hart , personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. (SEAL) WITNESS my hand and official seal. City Cle Lk OPTIONAL Capacity Claimed by Signer Description of Attached Document Municipal Corporate Officer Mayor Subdivision Improvement Agreement Title Tract 15998 Title or Type of Document Signer is Representing City of San Juan Capistrano 18 pages Number of Pages April 21, 2001 Date of Document KB Home Coastal, Inc. Signer(s) Other Than Named Above � f RECORDED AT THE REQUEST OF AND RETURN TO: City of San Juan Capistrano City Clerk's Office Recorded in Official Records, Orange County 32400 Paseo Adelanto Tom Daly, Clerk-Recorder San Juan Capistrano, CA 92675 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIII IIIIIIIIIIIIIIIilllllll NO FEE RECORDING FEES EXEMPT DUE TO 2005000325948 02:55pm 04128105 GOVERNMENT CODE SECTION 6103 203 79 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Margaret R. Monahan, City Clerk San Juan Capistrano, CA NOTICE OF COMPLETION \� T NOTICE IS HEREBY GIVEN that the Subdivision Improvement Agreements between the City of San Juan Capistrano, California, and KB HOME Coastal, Inc., whose mailing address is 3 Jenner, Suite 100, Irvine, CA 92618, developer of Tracts 15858 and 15998 requires the developer to complete the following, to wit: CONSTRUCTION OF IMPROVEMENTS IN CONJUNCTION WITH THE DEVELOPMENT OF TRACTS 15858 and 15998, IN THE CITY OF SAN JUAN CAPISTRANO. That work was completed by said developer on November 13, 2004, 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 at 32400 Paseo Adelanto, San Juan Capistrano, California 92675 as public utility owner, at a regular meeting thereof held on the 19th day of April, 2005, by Resolution No. 05-04-19-01. That upon said agreement, American Home Insurance Company was the surety for the bonds given by said Company as required by law. Dated at San Juan Capistrano, California, this 19c'day of April, 2005. M g t R. Monahan, City Clerk Cof San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, 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 the foregoing Notice of Completion is true and correct, and that said 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 this 19`" day of April, 2005. v Ma aret R. Monahan, City Clerk Ci of San Juan Capistrano MEMORANDUM TO: Memo to File FROM: Patricia Salazar, Temporary Secretary DATE: June 13, 2001 SUBJECT: TR 15998 (KB Home Coastal, Inc. aka Village Alipaz LLC) Relevant files: 420.40 TR 15998 2000 Village Alipaz LLC 420.40 TR 15998 2001 KB Home Coastal, Inc. Alipaz 600.30 Subdivision Improvement Agreement 2001 KB Home Coastal, Inc. TR 15998 /Alipaz 550.10 FPLUP 00-01 2000 Village Alipaz LLC TR 15998 460.20 RZ 99-3 1999 Village Alipaz LLC Minute Excerpts 600.30 License Agreement 2001 KB HOMES TR 15998/Village Alipaz MEMORANDUM May 26, 2005 TO: Meg Monahan, City clerk FROM: Sam Shoucair, Senior Engineer SUBJECT: Tract Maps 15858 and 15998, Release of sureties. This is a request to release the bonds associated with tracts 15858 & 15998 (KB Home Coastal) as the Notice of Completion for the required improvement work was recorded on April 28, 2005. The date of relerase oy bonds is coming up on June 2, 20005. Thank you. '- Sam $tsbucair Senior Engineer l ,L� • • 4/19/2005 D4 AGENDA REPORT TO: Dave Adams, City Manager FROM: Nasser Abbaszadeh, Engineering & Building Director SUBJECT: Consideration of Notice of Completion, Acceptance of Improvements and Release of Surety for Tracts 15858 and 15998 Village Alipaz (KB HOME Coastal, Inc., Alipaz- Phases 1 and 2) RECOMMENDATION By motion, 1. Adopt the Resolution accepting the public storm drain, sewer and water improvement systems as well as private street ' improvements, street monumentation, and landscape and irrigation within Tracts 15858 and 15998 and authorizing the release of the corresponding bonds 35 days after recording; and, 2. Direct the City Clerk to process recording of the Notice of Completion with the Orange County Recorder. SITUATION A. Summary and Recommendation KB HOME has requested the City to release the street, street monumentation, storm drain, sewer, water and landscape & irrigation bonds held by the City. These improvements have been inspected and satisfactorily completed. Staff recommends the release of the corresponding bonds. B. Background KB HOME Coastal, Inc., developer of 50 residential homes on 8.51 acres of land subdivision in Tract 15858, and 104 residential homes on 14.7 acres of land subdivision in Tract 15998, respectively, has completed the improvements as required by the Conditions of Approval and the Subdivision Improvement Agreements. The final maps, along with said Subdivision Improvement Agreement, were approved by the City on July 5, 2000 and May 1, 2001 respectively. With the completion of the improvements as noted in the summary above, the bond release is recommended as follows: Agenda Report April 19, 2005 Page 2 TRACT 15858 SURETY C �CERA ' M F B.C7F ORDINAL ,AMOUNT. , (American Ca 6a Cssmryarjy cif 1MPR DEMENT TO BE RELEASED . Reading,Penpsyly � ` , Bond #929158386 Water $206,000 Bond #9291 Landscape & Irrl9; . $240;000 Bond #929158388 Public Streets $87,000 Bari` E?nvate Streets° ., Bond # 929158390 Storm drain $90,000 Bond # 92915839 ' Sewer $1`:23,000 Bond #929158392 Monumentation $15,000 TRACT 15998 SURETYrCOVEFRA`GE TYPE ORIGINAL AMOUNT (American t3or» >Ir�suanca Ca J . , ,.,I(u1PROEMENT TO BE RELEASED. Bond #25-15-13 Water $225,456 Bond # SSd-34 Landscape;& Irrig. $256,000 Bond #25-15-10 Private Streets $405,000 d) i ,: r2 Bond #25-15-12 Sewer $155,200 Bond#25-84-33 Traffic"Signal- $150000 COMMISSION/BOARD REVIEW, RECOMMENDATIONS None FINANCIAL CONSIDERATIONS None Agenda Report • April 19, 2005 Page 3 NOTIFICATION The following parties received notifications of this Council agenda report. KB HOME Coastal, Inc. " Village Alipaz HOA 'Agenda Report included. RECOMMENDATION By motion, 1. Adopt the Resolution accepting the public storm drain, sewer and water improvement systems as well as private street improvements, street monumentation, and landscape and irrigation within Tracts 15858 and 15998 and authorizing the release of the corresponding bonds 35 days after recording; and, 2. Direct the City Clerk to process recording of the Notice of Completion with the Orange County Recorder. Respectfully submitted, Prepared By: Nasser Abbaszadeh, P.E. Sarh St}o air Engineering & Building Director Senio ngineer, Project Manager NA/SS:jcr Attachments: 1. Resolution 2. Notice of Completion 3. Location Map RESOLUTION NO. 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 IMPROVEMENTS WORK WITHIN TRACTS 15858 AND 15998, VILLAGE ALIPAZ (KB HOME COASTAL, INC.). WHEREAS, on July 5, 2000 and May 1, 2001, the City of San Juan Capistrano entered into two separate Subdivision Improvement Agreements with KB HOME Coastal, Inc.(Developer) providing for the construction of certain public and private improvements within Tracts 15858 and 15998 respectively; and, WHEREAS, Developer has requested that the City determines that the street, street signal, storm drain, sewer, landscape and irrigation improvement work, as well as the Street monumentations within Tracts 15858 and 15998 are complete and the corresponding sureties be released accordingly. These sureties release are as follows: TRACT 15858 �i ircc.� t t.vv rsFlt J start u,,r , JK1U1 VAL AMUUN,I (American Ca 'WltyCorr p8nygf' IMRROVEMENT TO BE RELtASED ReadingrFTeie < Bond #929158386 Water $206,000 Bond #929 8387 Landscape &'Irrig. $240,000 Bond #929158388 Public Streets $87,000 w. Bond g $* .. ° P k1+afB Stfeets h $371NQ0[l : � 2 67,7712, Bond # 929158390 Storm drain $90,000 Bond #-9291,5839,1 Sewer $123,000 Bond #929158392 Monumentation $15,000 ATTACHMENT TRACT 15998 SURETY.COVERAGE TYPE OF ORIGINAL AMOUNT (American Home Insurance Co.) IMPROVEMENT TO BE RELEASED' Bond #25-15-13 Water $225,456 Bond #25-84-34 Landscape,& Irrig. $256,000 Bond #25-15-10 Private Streets $405,000 Bond #25-1b-'f 1 Storm,d !ft' $264,000 Bond #25-15-12 Sewer $155,200 Bond #25.84-33 Traffic,Signal $150,000 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Juan Capistrano as follows: SECTION 1. That the works of improvement and monumentation required to be performed by said developer have been completed. SECTION 2. That the completed work is approved. SECTION 3. That the surety described in charts above may be fully released 35 days after recording of a Notice of Completion. SECTION 4. That the City Clerk is directed to forthwith forward a "Notice of Completion" to the County Recorder of the County of Orange for recording. PASSED, APPROVED, AND ADOPTED this 19th day of April, 2005. WYATT HART, MAYOR ATTEST: MARGARET R. MONAHAN, CITY CLERK RECORDED AT THE REQUU OF AND RETURN TO: City of San Juan Capistrano City Clerk's Office 32400 Paseo Adelanto San Juan Capistrano, CA 92675 RECORDING FEES EXEMPT DUE TO GOVERNMENT CODE SECTION 6103 Margaret R. Monahan, City Clerk San Juan Capistrano, CA NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the Subdivision Improvement Agreements between the City of San Juan Capistrano, California, and KB HOME Coastal, Inc., whose mailing address is 3 Jenner, Suite 100, Irvine, CA 92618, developer of Tracts 15858 and 15998 requires the developer to complete the following, to wit: CONSTRUCTION OF IMPROVEMENTS IN CONJUNCTION WITH THE DEVELOPMENT OF TRACTS 15858 and 15998, IN THE CITY OF SAN JUAN CAPISTRANO. That work was completed by said developer on November 13, 2004, 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 at 32400 Paseo Adelanto, San Juan Capistrano, California 92675 as public utility owner, at a regular meeting thereof held on the 19th day of April, 2005, by Resolution No. That upon said agreement, American Home Insurance Company was the surety for the bonds given by said Company as required by law. Dated at San Juan Capistrano, California, this 19th day of April, 2005. Margaret R. Monahan, City Clerk City of San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, 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 the foregoing Notice of Completion is true and correct, and that said 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 this 19th day of April, 2005. Margaret R. Monahan, City Clerk- City of San Juan Capistrano ATTACHMENT • M R�x�<S ♦Y: ��r'.csk ay yyfl��ykzF\ .11. �..ec?^' :/�/'/ Y `yas'"�rk y l• I xF.ffii FN"�q� as^+'x3 ^lf� $.,Ae i• ` p � Q N o a i 8 Y1 r I (�1n, I a ' �1111fi • I i SI l t. 1•` zr f: �•`� �•`• 5� JVANO MEMBERS OF THE CITY COUNCIL 32400 PASEO ADELANTO / SAN JUAN CAPISTRANO,CA 92675 _ SAM ALLEVATO (949)493-1171 n(ORPDXA➢O DIANE BATHGATE (949)493-1053 FAX nwulsXD 1961 WVATT HART www.sai?ivancapistrano.org 1776 JOE SOTO • • DAVID M.SWERDLIN June 6, 2005 American Home Assurance Company 70 Pine Street New York, NY 10270 Re: Release of Bonds: KB Homes Coastal Dear Sir or Madam: On April 4, 2005 the City Council of the City of San Juan Capistrano took action accepting public storm drain, sewer and water improvement systems as well as private street improvements, street monumentation, and landscape and irrigation within Tract 15998 and authorized release of bonds 35 days after recording of a notice of completion. According to this action, the following original bonds are enclosed and officially released as of June 2, 2005. BOND NO. PURPOSE AMOUNT 25-15-11 Performance — Storm Drain Improvements 264,000 25-15-11 Labor & Materials — Storm Drain Improvements 264,000 25-15-10 Performance— Street Improvements 405,000 25-15-10 Labor & Materials — Street Improvements 405,000 25-15-12 Performance — Sewer Improvements 155,200 25-15-12 Labor & Materials — Sewer Improvements 155,200 25-15-13 Water Improvements 255,456 25-84-33 Performance — Signal & Striping 150,000 25-84-33 Labor & Materials — Signal & Striping 150,000 25-84-34 Performance — landscape & Irrigation $ 256,000 25-84-34 Labor & Materials — landscape & irrigation 256,000 25-84-35 Performance — Street sign 25,000 The City of San Juan Capistrano hereby fully and forever releases and discharges American Motorists Insurance Company from any and all liability under the abovementioned bond number per instruction of the City Council. The original — released — documents are enclosed. San Juan Capistrano: Preserving the Past to Enhance the Future L.� Printed on recvdetl oaoer If you have any questions, please do not hesitate to call me at (949) 443-6308. Very truly yours arg ret R. Monahan, CMC City Jerk n osures as noted cc: (Letter only) Sam Shoucair, Senior Engineer Nasser Abbaszadeh, Engineering & Building Director KB Homes Coastal (3 Jenner, Irvine, CA 92618) SUBDIVISION FAITHFUL PERFORMANCE BOND Tract #: 140% (GOVERNMENT CODE . 66499.0 Bond No. : 25-15-11 Storm Drain Improvements Premium: $462.00 Issued In Triplicate WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and KB HOME Coastal Inc. , fka Kaufman and Broad Coastal, Inc. (hereafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated public improvements, which said Agreement dated l9 and made a part hereof; and WHEREAS, said Principal is required, under the terms of said Agreement, to furnish a bond for the faithful performance of said Agreement; NOW, THEREFORE, we, the Principal and American Home Assurance Company , as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of Two Hundred Sixty Four Thousand and no/100 - - - ($264,000.00) Dollars, lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements, then the obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives any rights, if there be any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. RELEASED DATE I v� 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alteration, or modification of the contract documents or of work to be performed thereunder. Executed this 5th day of February %91 2001 , at Los Angeles , California. PRINCIPAL RB H0Coastal Inc. , fka Rauf n and Broad Co nc. (NOTARIZATION AND SEAL) APPROVED AS TO FORA: SURETY American Rom ranee Company Maria ena, Attorney—In—Fact CITY ATTORNEY (NOTARIZATION AND SEAL) Page 2 - Subdivision Performance Bond CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT l• .I State of California ss. I' County of OranPe 1, I I On February 7, 2001 , before me,Maria–Dolores Castro–Sanchez, Notrary PyblI Dale Name amf Title of O16ce,b,g,'Jane Doe,Notary Public') r I personally appeared Linda Edwards 1, Names)of&,.,P) .I ® personally known to me ❑ proved to me on the basis of satisfactory evidence r to be the person(g)/ whose name( is/awe subscribed to the within instru nt and acknowledged to me th the/ executed the same in t Zher/t r authorized Mnawopo�scnstnpsgN�Q capaclty(i and that by 4/her/ttW(r Commission# 7289898 signature( on the instrument the person(or Notary Public- California the entity upon behalf of which the personv Orange Countyacted, executed the instrument. LM l y Comm.BpItes Jana 71705— W NESS ha d a al s I I � l Place Notary Seal Above ignature of otary Public r I OPTIONAL ), Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document r Title or Type of Document: Bondi/ 25-15-11 Storm Drain Improvements Tract#15858 I i I' Document Date: _ February 5, 2001 Number of Pages: 02 I I, Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Linda Edwards ❑ Individual - ), Top of thumb here "I ❑ Corporate Officer—Title(s): ). ❑ Partner—El Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator CA Other: Principal I Signer Is Representing:_ KB HOME Coastal Inc. I P 0 fl99 Nal—al Na.,A-i-1-•9150 Oe Sol.Ave,P.O Bnr 2602•Clalvi.01,CA 913Pr21ve•www ralioral.1 org Provi No 5907 Reorder.Call TOIbFee 1 890-8]6682] American Home Assurance Comp POWER OF ATTORNEY National Union Fire Insurance Company of Pittsburgh, Pa. Principal Bond Office: 70 Pine Street,New York,N.Y. 10270 No.05-B-01233 KNOW ALL MEN BY THESE PRESENTS: That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa., a Pennsylvania corporation,does each hereby appoint ---Tracy Aston,Peter Arkley,C.K.Nakamura,E. S.Albrecht,Jr.,Edward J.Stuart,Lisa L.Thornton,Saundra L.Gingras, William A.Sadler,Dennis T.Menard II1,Maria Pena,Betty Walker: of Los Angeles,California--- its true and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF.American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh,Pa. have each executed these presents this 8th day of December, 1999. 9 Lawrence W.Carlstrom,Senior V ice President I;t„ oN National Union Fire Insurance Company of Pittsburgh,PA. Vice President,American Home Assurance Company STATE OF NEW YORK } COUNTY OF NEW YORK }ss. On this 8th day of December, 1999 before me came the ' above named officer of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa., to me personally known to be the individual and officer described herein, JOSEPH 8, NOZZOHO and acknowledged that he executed the foregoing instrument and Nolery Public. State vew York nl'i.-:1 the sznls of said corporations thereto by authority of his Na O1-NO4652754 Qualified in Westchasta C nlnl Harm Expires Jan. 31,Val CERTIFICATE Lacerpts of Icesolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh,Pa.on May 18, 1976: 'RFSOLVF.D,that the Chairman of the Board,the President,or any Vice President be,and hereby is,authorized to appoint Attorneys-in-Fact to represent and ort P-. . d o;.(,:half of the Company to execute bonds,undertakings, recognizances and other contnrts of indemnity and writings obligatory in the nature thereof,and to attach thereto the corporate seal of the Company,in the transaction of its surety business; "RESOLVED, that the signatures and attestations of such officers and the sea] of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond,undertaking,recognizance or other contract of indemnity or writing obligatory in the nature thereof, "RESOLVED, that any such Attomey-in-Pact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof,said date to be not later than the date of delivery thereof by such Attomey-in-Fact." I, Elizabeth M. Tuck, Secretary of American Home Assurance Company and of National Union Fire Insurance Company of Pittsburgh,Pa. do hereby certify that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corporations,and the Powers of Attorney issued pursuant thereto,are true and correct,and that both the Resolutions and the Powers or Attomey are in full force and effect. IN 1V1"1'NESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of each corporation this 5th day of February 200.1 e Elizabeth M.Tuck, Secretary ix.nnxrilYa dJytd�r�t�S'�V�J�,�ti39{3+'rtQ4ii Y;��Mif�PiRi' 65166(4/99) Bond No. 25-15-11 Premium: Included SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE, SECTION 66499.2) Issued In Triplicate WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and KB HOME Coastal Inc. , fka Kaufman and Broad Coastal, Inc. , (hereinafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated improvements which said Agreement, datef� I 19___._, and identified as Project Tract #: 159f8 — Storm Drain Improvements is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement; NOW, THEREFORE, we, the Principal and American Home Assurance Company , as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of Two Hundred Sixty Four Thousand and no/100 — — — Dollars ($ 264.000.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that, if the above bound Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. �c�,� �C/A��==nn As part of the obligation secured hereby aRri,ciidtll?Id�t�t4Yt a face amount specified therefor, there shall be included costs and reasonavbI x rid fees DATE (p 1of2 INI The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the speci f ications. IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety herein named on the 5th day of February , pJf 200 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. pR�N�[ RB HOMEPAoastal Inc., fka Kaufman and Br6 d astal 1AERC. A P VED AS TO F R (NOTARIZATION AND SEAL) RICHARD K. DENHALTER, C��ITTYY --ATTORt:E SURETY r--�km 'can Home Assurance Company Maria Pena, Attorney—In—Fact (NOTARIZATION AND SEAL) NOTE: Please Attach Acknowledgement and Power of Attorney 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. f County of Orange i i on February 7, 2001 , before me,Maria-Dolores Castro-Sanchez, Notrary Pybl Data Name and Ttle of Officer(e-g-.'Jane Dce,Notary PUWic') [ I personally appeared Linda Edwards i. Name(a)of Signegs) .I ® personally known to me ❑ proved to me on the basis of satisfactory evidence / to be the persist whose name(�is/aro subscribed to the within nstrument and acknowledged to me tha /she/the executed . 'b:. i. -.h.. nv�u-oa.or€sclvsrRosnNcr¢ the same in /her/tom authorized Commission# 7289898 [ capacity(j¢�, and that by her/the Not ;Public-California £ signature(,-4'on the instrument the personk<or Orange County If the entity upon behalf of which the personfrej' my comm.Fiquesion a.2005 Iacted, executed the instrument. WNESS y nd a7seqt,, Place Notary Seal Above Signature of Notary Public I OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document li and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Bond# 25-15-11 Storm Drain Improvements Tract-0115858 „ Document Date: February 5, 2001 Number of Pages: 02 I l t. Signers)Other Than Named Above: 1 : I Capacity(ies) Claimed by Signer Signer's Name: Linda Edwards 1 ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): (. ❑ Partner—❑ Limited ❑General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator IN Other. Principal --- Signer Is Representing: KB HOME Coastal Inc. 1 ®1999 National Notary Asarennon•93500e Soto Ave,PO 13ox2002-Ohatsworth CA91313-2402natlonal.nu,org PrcJ No5907Render Call TellFree18008]6-682] Ant erican Home Assurance Com f y POWER OF ATTORNEY National Union Fire Insurance Company of Pittsburgh, Pa. Principal Bond Office:70 Pine Street,New York,N.Y. 10270 No. 05-13-01233 KNOW ALL MEN BY THESE PRESENTS: That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa., a Pennsylvania corporation,does each hereby appoint ---Tracy Aston,Peter Arkley,C.K. Nakamura,E.S.Albrecht,Jr.,Edward J.Stuart,Lisa L.Thornton,Saundra L.Gingras, William A.Sadler,Dennis T.Menard III,Maria Pena,Betty Walker: of Los Angeles,California--- its true and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof,issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF,American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh,Pa.have each executed these presents this 8th day of December, 1999. Lawrence W. Carlstrom,Senior Vice President fx'n eq0 National Union Fire Insurance Company of Pittsburgh,PA. -Vice President,American Home Assurance Company STATE OF NEW YORK } COUNTY OF NEW YORK )ss. On this 8th day of December, 1999 before me came the above named officer of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa., to me personally known to be the individual and officer described herein, 305EPH B. NOZZOIIO and acknowledged that he executed the foregoing instrument and NwarY Public. State vew Yorl affixed the seals of :-aid corporations thereto b authority of his Ne. 01-N04652754 P Y Y Qualified in Westcheste Co tnt office. Berm ExPiras Jan. CERTIFICATE Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh,Pa.on May 18, 1976: "RESOLV TC!',that tl,c Chairman of the Board,the President,or any Vice President be,and hereby is,authorized to appoint Attomeys-in-Fact to represent and act frn - .... r; t.o:"!s ; t t;,y;, r._,.n ,t¢e"ce l rl C", r coau.c,s of .ndcmuity and s-nitm t otligatory in the nature thereof,and to attach ti,c;elo the corporate seal ofthe Company,in the transaction of its surety business; "RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond,undertaking,recognizance or other contract of indemnity or writing obligatory in the nature thereof; "RESOLVED, that any such Attomey-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof,said date to be not later than the date of delivery thereof by such Attorney-in-Fact." 1, Elizabeth M."fuck, Secretary of American Home Assurance Company and of National Union Fire Insurance Company of Pittsburgh, Pa. do hereby certify that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corporations,and the Powers of Attorney issued pursuant thereto,are true and correct,and that both the Resolutions and the Powers of Attorney are in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of each corporation this 5th day of February ffl.1 e Elizabeth M.Tuck,Secretary 65166(4/99) Tract#: 15858 SUBDIVISION FAITHFUL PERFORMANCE BOND Street Improvements (GOVERNMENT CODE . 66499.0 Bond No. : 25-15-10 Issued In Triplicate Premium: $ 709.00 WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and KB HOME Coastal Inc. , fka Kaufman and Broad Coastal, Inc. (hereafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated public improvements, which said Agreement dated 19 and made a part hereof; and WHEREAS, said Principal is required, under the terms of said Agreement, to furnish a bond for the faithful performance of said Agreement; NOW, THEREFORE, we, the Principal and American Home Assurance Company , as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of Four Hundred Five Thousand and no/100 - - - ($405,000.00) Dollars, lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements, then the obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives any rights, if there be any, to require that a demand be made first against the Principal in the event of default. BE 1T FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. RELEASED DATE 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alteration, or modification of the contract documents or of work to be performed thereunder. Executed this 5th day of February K4 2001 , at Los Angeles , California. PRIPJCIPA KB ME stal c. , fka Kaufman and Broad I c. (NOTARIZATION AND SEAL) APPROVED AS TO FORM: SURETY can Hom rance Company a Maria Pena, Attorney—In—Fact CITY ATTORNEY (NOTARIZATION AND SEAL) Page 2 - Subdivision Performance Bond CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California I� ss. � County of Orange l l I On February 7, 2001 , before me,Maria–Dolores Castro–Sanchez, Notary Pub H& Date Name and Ttlle of Officer(e.g..'Jane Dare,Notary Public") I personally appeared Linda Edwards Names)of Signer(s) ® personally known to me ❑ proved to me on the basis of satisfactory evidence , I i to be the person(%' whose name(s) is/are ' subscribed to the within instrument and acknowledged to me that Wsheittwe executed I the same in I-X/her/they authorized capacity(ipt� and that by Ther/thpK M RWAXLorl6CnSraoSwc]7¢ signature(�fon the instrument the personoKor Commission# 1289898 Notary Public-California the entity upon behalf of which the person(s) Orange County acted, executed the instrument. My Comm.Filpirm Jan 8.2005 tt) hen official I Place Notary Seal Above Signature of Notary Public I OPTIONAL I. Though the information below is not required by law, it may prove valuable to persons relying on the document i. and could prevent fraudulent removal and reattachment of this form to another document. i. Description of Attached Document Title or Type of Document: Bond# 25-15-10 Street Improvement Tract# 15858 I I r' Document Date: February 5, 2001 Number of Pages: 02 �. Signer(s) Other Than Named Above: I Capacity(ies) Claimed by Signer Signer's Name: Linda Edwards ❑ Individual . Top of thumb here I: [I Corporate Officer—Title(s): (, ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact l ❑ Trustee ❑ Guardian or Conservator X] Other: Principal I' r r Signer Is Representing: KB HOME Coastal Inc. i i ®1999 Nalenal Notary Assecialren•9350 De Sato Ave..P 0 Box 24e2•Chavermh,CA 91313 2402•w n tenalnotaryoa Fred Ne 5007 Reorder Call Tell Free 1 800 676,v127 American Home Assurance Com[ y POWER OF ATTORNEY National Union Fire Insurance Company of Pittsburgh,Pa. Principal Bond Office:70 Pine Street,New York,N.Y. 10270 No.05-B-01233 KNOW ALL MEN BY THESE PRESENTS: That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa., a Pennsylvania corporation,does each hereby appoint ---Tracy Aston,Peter Arkley,C.K.Nakamura,E.S.Albrecht,Jr.,Edward J.Stuart,Lisa L.Thornton,Saundra L.Gingras, William A.Sadler,Dennis T.Menard III,Maria Pena,Betty Walker: of Los Angeles,California--- its true and lawful Attomey(s)-in-Fact,with full authority to execute on its behalf bonds, undertakings, recognimnces and other contracts of indemnity and writings obligatory in the nature thereof,issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF,American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh,Pa.have each executed these presents a this 8th day of December, 1999. Lawrence W.Carlstrom,Senior Vice President t oKA National Union Fire Insurance Company of Pittsburgh,PA. k` t' Vice President,American Home Assurance Company STATE OF NEW YORK } COUNTY OF NEW YORK }ss. On this 8th day of December, 1999 before me came the above named officer of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa., to me personally known to be the individual and officer described herein, JOSEPH 81 NOZZOvo and acknowledged that he executed the foregoing instrument and ItIalerr Public' Snare ^ ve, York affixed the seals of said corporations thereto b authority of his No. Westc 65te C rP Y Y .Qualified in Wesrchesre � office. it" Expires Jan. 31,I CERTIFICATE Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh,Pa.on May 18, 1976: "RESOLVED,that the Chairman of the Board,the President,or any Vice President be,and hereby is,authorized to appoint Attorneys-in-Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof,and to attach thereto the corporate seat of the Company,in the transaction of its surety business; "RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond,undertaking,recognizance or other contract of indemnity or writing obligatory in the nature thereof; "RESOLVED, that any such Attomey-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof,said date to be not later than the date of delivery thereof by such Attomey-in-Fact." 1,Elizabeth M.Tuck,Secretary of American Home Assurance Company and of National Union Fire Insurance Company of Pittsburgh,Pa.do hereby certify that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corporations,and the Powers of Attorney issued pursuant thereto,are true and conect,and that both the Resolutions and the Powers of Attorney are in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seat of each corporation this 5th day of February ,_25101 A e F �0i . y 00 Elizabeth M.Tuck,Secretary irr+td'd4l'i05it`Y��a��.`ftf�r. 65166(4/99) Bond No. 25-15-10 Premium: Included SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE, SECTION 66499.2) Issued In Triplicate WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and KB HOME Coastal Inc. , fka Kaufman and Broad Coastal, Inc. (hereinafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated improvements which said Agreement, dated 19_ and identified as Project Tract #: — Street Improvements is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement; NOW, THEREFORE, we, the Principal and American Home Assurance Company . as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of Four Hundred Five Thousand and no/100 — — — Dollars ($ 405,000.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that, if the above bound Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees as therein stipulated, then this obligation shall become .null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereb "MUto the face amount specified therefor, there shall be included costs and reason ble expens nd fees DATE ;? 02 1of2 I The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications' accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety herein named on the 5th day of February W 200J the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. ppRR KB( PAoastal Inc. , fka Kaufman and Brb d astal, A P OVED AS TO FORA I (NOTARIZATION AND SEAL) n RICHARD K. DENHALTER, CITY ATTORL;E SURETY American Home Assurance Company Maria Pena, Attorney—In—Fact (NOTARIZATION AND SEAL) NOTE: Please Attach Acknowledgement and Power of Attorney 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I i 1 State of California ss. County of Orange1 f� I I I On February 7, 2001 , before me,Maria–Dolores Castro–Sanchez, Notary Publi l Data Name a1M Title of Mcer(e.g.,'Jam Doe,Notary Public") personally appeared Linda Edwards Name(s)of Slgnar(s) ®personally known to me ❑ proved to me on the basis of satisfactory evidence I to be the person( whose name(of is/W6 subscribed to the within instrument and acknowledged to me that wshe/tWy executed I "� � the same in Fjrs4her/tbetF authorized Commission#'I128'98�98aa capacity(i and that by FVeher/tb� Notary Public-California g signatureWon the instrument the person(a)s or Orange County the entity upon behalf of which the person(s) MyCanm.6pYesJon&2M5 acted, executed the instrument. r I TT y hau d officia eal. Place Notary Seal Above Sgnatu,a of Notary Public I' OPTIONAL 1. Though the information below is not required by law, it may prove valuable to persons relying on the document (, and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bond# 25-15-10 Street Improvement Tract# 15858 r i Document Date: February 5, 2001 Number of Pages: 02 i- Signer(s) Other Than Named Above: t Capacity(ies) Claimed by Signer l' Signer's Name: Linda Edwards i' ❑ Individual 1. Top of thumb here Cl Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ( ❑ Trustee I Guardian or Conservator I, X> Other: Principal Signer Is Representing: KB HOME Coastal Inc. r I 01999 Nabonal Notary Association•9350 De Solo Ave,PO,Box 2402•Chalswonh,CA 91313 2402•waw nalronalnolary org Pro.No 599 fiemdet-.Call Tell Fee 1 800-8)6482] �ruerican home Assurance Com, y POWER OF ATTORNEY National Union Fire Insurance Company of Pittsburgh, Pa. Principal Bond Office: 70 Pine Street,New York,N.Y. 10270 No.05-B-01233 - KNOW ALL MEN BY THESE PRESENTS: 7 hat American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa., a Pennsylvania corporation,does each hereby appoint --Tracy Aston,Peter Arkley,C.K.Nakamura,E.S.Albrecht,Jr.,Edward J.Stuart,Lisa L.Thornton,Saundra L.Gingras, William A.Sadler,Dennis T.Menard III,Maria Pena,Betty Walker: of Los Angeles,California--- its true and lawful Attorney(s)-in-Fact,with full authority to execute on its behalf bonds,undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF,American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh,Pa.have each executed these presents ' this 8th day of December, 1999. Lawrence W.Carlstrom,Senior Vice President eA National Union Fire Insurance Company of Pittsburgh,PA. I" .t.' Vice President,American Home Assurance Company STATE OF NEW YORK } COUNTY OF NEW YORK }ss. On this 8th day of December, 1999 before me came the above named officer of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa., to me personally known to be the individual and officer described herein, YOSEPH 8, NOZZOHO and acknowledged that he executed the foregoing instrument and Mderr Public, sno, vew Yort aftlxcd the seats of said corporations thereto b authority of his ed Westc 652750 p y y Qualified in Westcheste Co 1n o ff)Ze. 'Sean Expires Jan. 31,a�!�''� CERTIFICATE Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh,Pa.on May 18, 1976: "RESOLVED,that the Chairman of the Board,the President,or any Vice President be,and hereby is,authorized to appoint Attomeys-in-Fact to represent and 'rct P-r amt "n M`,^If o,l'... Con,ptnp 0exc:wc ban:!„uao-_•ia!Jogs, recognizances and other contracts of indemnity and writings obligatory in the nature thereof,and to attach thereto the corporate seal of the Company,in the transaction of its surety business; "RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond,undertaking,recognizance or other contract of indemnity or writing obligatory in the nature thereof; "RESOLVED, that any such Attomey-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof,said date to be not later than the date of delivery thereof by such Attorney-in-Fact" 1,Elizabeth M.Tuck,Secretary of American Home Assurance Company and of National Union Fire Insurance Company of Pittsburgh,Pa. do hereby certify that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corporations, and the Powers of Attorney issued pursuant thereto, are true and correct,and that both the Resolutions and the Powers of Attorney are in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of each corporation this 5th day of February 2001 s Elizabeth M.Tuck, Secretary � A q'a�J�� .,,..��,rfrlf rlivla tiJi�3tlVif�l�tft,�l�3e\�•1r+Y�%.Y�YCs�.tP Y"{i�. 65166(4199) SUBDIVISION FAITHFUL PERFORMANCE BOND Track #: �� 998 Sewer Improvements (GOVERNMENT CODE . 66499.1) Bond No. : 215-12 Issued In Triplicate Premium: $272.00 WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and KB HOME Coastal Inc., fka Kaufman and Broad Coastal, Inc. (hereafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated public improvements, which said Agreement dated 19 and made a part hereof; and WHEREAS, said Principal is required, under the terms of said Agreement, to furnish a bond for the faithful performance of said Agreement; NOW, THEREFORE, we, the Principal and American Home Assurance Company as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of One Hundred Fifty Five Thousand Two Hundred and no/100 — — —($155,200.(%tars, lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements, then the obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives any rights, if there be any, to require that a demand be made first against the Principal in the event of def aul t. BE IT FURTHER RESOLVED: I. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. RELEASED DATE L S IN 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alteration, or modification of the contract documents or of work to be performed thereunder. Executed this 5th day of February , 11 2001 , at Los Angeles California. PRINCIPAL HO Coas a Inc., fka R ufman and Broad , Inc. 44 (NOTARIZATION AND SEAL) APPROVED AS TO FORA: SURETY 77rican Home prance Company Maria Pena, Attorney—In—Fact CITY ATTORNEY (NOTARIZATION AND SEAL) Page 2 - Subdivision Performance Bond CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT i. - — — - w��'-,�'�,�'.c,e..SF.c-.�C ,s<erorc�.e%�.FY+uhc�- wY,cti�-.�.�Y"•ei'.c�3-'.ce`..c�-c�.�t`.crefci�.cr . -.'.r 7ZY ) State of California ss. County of Orange1 I i. On February 7, 2001 , before me aria-Dolores Castro-Sanchez, Notary Pubrli Date Name and Title of Officer(e.g.,"Jam Doe,Notary Public') I I� personally appeared Linda Edwards , I j. Names)of Signer(s) KI personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(J6 whose name( is/0911� subscribed to the within instrum nt and acknowledged to me that 1)e/she/thoexecuted hANIRWDOLQ�S r+sI �,WCFEZ the same/ in s/her/th� au horizedd Commission# 12991122 1 capacity(iks and that by p her/th r Notary Public- California $ signature on the instrument the person(gror ' Orange County the entity upon behalf of which the person(s< I My Comm. I, acted, executed the instrument. � I i WIT ESS m ha an icial L I 1 I' Place Notary Seal Above Signature of Notary Public I OPTIONAL I. Though the information below is not required by law,it may prove valuable to persons relying on the document f and could prevent fraudulent removal and reattachment of this form to another document. I Description of Attached Document W. Title or Type of Document: Bond 11 25-15-12 Sewer Improvements Track //15858 .i I' Document Date: February 5, 2001 Number of Pages: 02 Signer(s) Other Than Named Above* I fI Capacity(ies) Claimed by Signer Signer's Name. Linda Edwards _ I ❑ Individual j, Top of thumb here j, ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General I ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator L Other: Principal t r SignerIsRepresenting: KB HOME Coastal Inc. r I 01999 National Notary Assooa0on-93W be Solo Ave..PO.Box 2402•Chalsworllh CA 91313 2402•xvrw nalionalnopryo, Prod No 5907 Reortle,:Call Toll-Ree 1 800.9]6d827 < nrf .e' ""1 r... cs State of California County of Los Angeles On February 5, 2001 before me, Edward C. Spector, Notary Public, personally appeared Maria Pena personally known to me (or proved to me on the basis of satisfactory evidence) to be the 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/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ` EDCOMM C127� CTOR 2 L i\^/) (/� //////I�I�I'_ N �4 •'a NO PUBLIC-GALIFOflNIA N �1 "�"��' `" ¢ LOSANCELEscouNn Edward C. Spector V, Comm_Expires SuIY K.2^C4 h American Home Assurance Comp POWER OF ATTORNEY National Union Fire Insurance Company of Pittsburgh, Pa. Principal Bond Office: 70 Pine Street,New York,N.Y. 10270 No.05-B-01233 KNOW ALL MEN BY THESE PRESENTS: That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa., a Pennsylvania corporation, does each hereby appoint ---Tracy Aston,Peter Arkley,C.K.Nakamura,E.S.Albrecht,Jr.,Edward J.Stuart,Lisa L.Thornton,Saundra L.Gingras, William A.Sadler,Dennis T.Menard III,Maria Pena,Betty Walker: of Los Angeles,California--- its true and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof,issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF,American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh,Pa.have each executed these presents a this 8th day of December, 1999. , Lawrence W.Carlstrom,Senior Vice President National Union Fire Insurance Company of Pittsburgh,PA. •t' Vice President,American Home Assurance Company STATE OF NEW YORK } COUNTY OF NEW YORK }ss. On this 8th day of December, 1999 before me came the above named officer of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa., to me personally known to be the individual and officer described herein, 3OsEPH B, NOZZOLIO and acknowledpcd that he executed the foregoing instrument and kW'D' Public. State vow yort �. ,'ilixed t..� seed: of said corporations thereto by authority of his �7vuA(ied io1,N4652 0e ase754 nI 01 t;, E.-xt Expires Jan. 31. ..r CERTIFICATE Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh,Pa.on May 18, 1976: "PrS^LV5^,D ^t 0,Ch-Jrn:an of the Ponrd,the President,or any Vice.Pies*dent be,and hereby is,authorized to appoint Attorneys-in-Fact to represent and of i.d-�nwlt, and rings obligatory in the nature thereof,and to attach tbcreto the corporate seal of the Company,in the transaction of its surety business; "RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof; "RESOLVED, that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof,said date to be not later than the date of delivery thereof by such Attorney-in-Fact." 1, Elizabeth M."fuck,Secretary of American Home Assurance Company and of National Union Fire Insurance Company of Pittsburgh,Pa. do hereby certify that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corporations,and the Powers of Attomey issued pursuant thereto,are true and correct,and that both the Resolutions and the Powers of Attomey are in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of each corporation this 5th day of ry�gsFebruary2001 afollwo $g Elizabeth M.Tuck, Secretary x ,li e'CD�" .e� ,v,��»r.ii•r,1.5'3A.i'aPi'ii`LY�Y�t?�l.L•,yd.'yef1`r4rLr.�t�sy�Y�(II 65166(4/99) Bond No. 25-15-12 Premium: Included SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE, SECTION 66499.2) Issued In Triplicate WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and KB HOME Coastal Inc. , fka Kaufman and Broad Coastal, Inc. (hereinafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated improvements which said Agreement, dated — 1 19__._, and identified as Project Tract #: — Serer Improvementsis hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement; NOW, THEREFORE, we, the Principal and American Home Assurance Company , as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of One Hundred Fifty Five Thousand Two Hundred and no/100 Dollars ($ 155,200.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that, if the above bound Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in additi n to the face amount specified therefor, there shall be included costR�?I e lexxpe s and fees I of 2 DATE 60 INITIAL The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specif ications. IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety herein named on the 5th day of February MY 210j the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. m l Inc. , fka Kaufman and nc. A P OVED AS TO FjORtA II (NOTARIZATION AND SEAL) t n RICHARD K. DENHALTER, CITY ATTORP:E SURETY � ican Home Assurance Company Maria Pena, Attorney—In—Fact (NOTARIZATION AND SEAL) NOTE: Please Attach Acknowledgement and Power of Attorney 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT !i( i I State of California ., ss. County of Orange (K On February 7, 2001 , before memaria-Dolores Castro-Sanchez, Notary Pub,li Data Name and Title of Officer(e.g..'Jane Doe,Notary Public') I personally appeared Linda Edwards Name(s)of Signer(a) � El personally known to me ❑ proved to me on the basis of satisfactory evidence fI to be the person(ir�whose nameV�is/art{ subscribed to the within instrument and acknowledged to me that �elshe/t110a5rlexecuted LORES b the same in t}yS,h t by authorized � �� capacity(iPj�, and that by IySlher/tom I =missCommission# 7289898 signature(Won the instrument the person(Wor 'I ion -California the entity upon behalf of which the erson Orange County Y P P %WComm.BlpkesJon&2M5 acted, executed the instrument. ,I W NESS y h nd and q I seal. I f I Place Notary Seal AboveSignalure of Notary Public (' I OPTIONAL � Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document r- Title or Type of Document: Bond # 25-15-12 Sewer Improvements Track #15858 I Document Date: February 5, 2001 Number of Pages: 02l Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Linda Edwards ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited El General r ❑ Attorney in FactI ❑ Trustee f' ❑ Guardian or Conservator LN Other: Principal r SignerlsRepresenting: KB HOME Coastal. Inc. r 01999 National Notary ASs C,Lon•9350 De Solo Ave.,PO Box 2402•ChalswonM1.CA 91313QJ02•xww na0onalnotary orb Pr W.No.5907 wand,o Call TOILFree 1 BW-P]PE82] State of California County of Los Angeles On February 5, 2001 before me, Edward C. Spector, Notary Public, personally appeared Maria Pena personally known to me (or proved to me on the basis of satisfactory evidence) to be the 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/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. EDWARD C.SPEEC1�OR cj6D C N COMM.N 1270065 Q e <; - noT�aYPuauc-c�'.iKORNin Edward C. Spector pS r1N6E![El CG!iN'n' _ -`'F My Comm Exaires�Uiy A.200a American Home Assurance Conr y POWER OF ATTORNEY National Union Fire Insurance Company of Pittsburgh, Pa. Principal Bond Office:70 Pine Street,New York,N.Y. 10270 No.05-B-01233 - KNOW ALL MEN BY THESE PRESENTS: That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa., a Pennsylvania corporation,does each hereby appoint ---Tracy Aston,Peter Arkley,C.K.Nakamura,E.S.Albrecht,Jr.,Edward J.Stuart,Lisa L.Thornton,Saundra L.Gingras, William A.Sadler,Dennis T.Menard III,Maria Pena,Betty Walker: of Los Angeles,California— its true and lawful Attorney(s)-in-Fact,with fidl authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof,issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF,American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh,Pa.have each executed these presents �� this 8th day of December, 1999. Lawrence W.Carls[rom,Senior Vice President iih. ad National Union Fire Insurance Company of Pittsburgh,PA. Vice President,American Home Assurance Company STATE OF NEW YORK } COUNTY OF NEW YORK }ss. On this 8th day of December, 1999 before me came the above named officer of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa., to me personally known to be the individual and officer described herein, 30SEPH 8, NOZZOLIO and acknowledged that he executed the foregoing instrument and man' Public, Stale 'tew York affixed the seals of said corporations thereto by authority of his No. 01-N04652754 rp Y .Qued in Westcheate Co qrp office. "alifiExpim Jan, 31, CERTIFICATE Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh,Pa.on May 18, 1976: "J'.1;,S0'-,'.E^,that the Chairnun of the Board,the Resident,or any Vice President be,and hereby is,authmizecl to appoint Attorneys-in Tact to represent and ,. t, rNc . .rr fo r' ,r �..� _ ,- .:L,�,,,': _ ':��tis, r :�r.nrc. ,.,� _'h-r en�,',ices of tr..,.-�a..y and w;nmgs aliligatory m the nature Grano(,and to aitch[Le]Cto the corporate seal of die Company,in die transaction of its surety business; "RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company, when so affixed with respect to any bond,undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof; "RESOLVED, that any such Attomey-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof,said date to be not later than the date of delivery thereof by such Attorney-in-Fact." I,Elizabeth M.Tuck,Secretary of American Home Assurance Company and of National Union Fire Insurance Company of Pittsburgh,Pa. do hereby certify that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corporations,and the Powers of Attorney issued pursuant thereto, are true and correct,and that both the Resolutions and the Powers of Atromey are in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of each corporation this 5th day of February 2001 = Elizabeth 4M -TI uck, Secretary f s �. o`M,� .,....cr.rfrr,i.„P5'JA.1',1$laPYaib�Y.t�ti'��:.'f.>i aat2�tf.1`�YYd51' 65166(4199) ract - 638 5998 BOND NO. 25-15-13 ate414; e sBy T, SE PRESENTS: Premiu $395.00 KNThat we, KB HOME Coastal Inc., fka as Principal, and American Home Assurance Kaufman and broadCoastal, IFF. Company Corporation, created, organized, and existing and by virtue of the laws of the State of New York duly licensed to transact a general surety business in the State of California,as Surety,are held and firmly bound to the CAPISTRANO VALLEY WATER DISTRICT, State of California, in th' UUM ^f Two Hundred Twenty five Thousand Four Hundred Fifty Six and no/100 — — — ($225,456.00) DOLLARS, lawful money of the United States of America, to be paid to the said District for which payment well and truly to be made we bind ourselves, our heirs, executors and successors,jointly and severally. THE CONDITION OF THE FOREGOING OBLIGATION is such that whereas the above bounden Principal has agreed to do and perform the following, to-wit: Construc, and install ail of -he water facilities pursuant to Agreement for Construction of Water Facilities entered into on 199_, by and between CAPISTRANO KS—U ME Coastal Inc. , €ka vAL-c'r' WA72: �ISTnI�,, ant Kaufman and Broad Coastal Tnr • a =F'/ �f which is attached hereto and made a part hereof. As = car, of the cbiigaticn sacured hereby, and in addition to :he caca amcunt spec:f;ac. there shail be included costs and reasonable expenses and fees, including reasonaoie attorney's rees, fncurrad by Capistrano `/ailey Water District 'n succassfully enforcing suer obligation, all ,c Ce taxed as costs ano incwgeu in any juagment rencerec. Z. Said Suraty, for vaiue received, hereby stipulates and agrees that no change, extansicn erne, aitaraticn, or modification cf vie contract aocuments cr of ,he work :o be sercrmec -nereuncer, shall in anv wav are_cc hs obligations or;his Cont, and it aces nerepy waive ncuca cr ar.y nange, axrensicn of rime, ar,arc,;cns or mcdcicz,icr,s zf _ne zzntTact c.,a:ments c; wc.:< be oerarmed thereunder. NOW, THEREFORE, the condition of this obiigation is such that if the bounden Principal shail, ,o the satisfaction of the CAPISTRANO VALLEY WATER DISTRICT faithfully and properly perform ail _i :he work described in said Aereement and in accorcance with ,ne pians ana soecificotions aoprevec for said work and shall pay all sums due for all damages suffered by saic District by reason or faulty or defective work or :he carelessness or negiigence of said Principal and 'or -,he completion of anv work not satisfactorily or properly performed in accordance with the Agreement between District and Principal, and guarantee all work for a period of one or after acoaptanca in accordance with said Agreement, then, at the expiration of said guarantee period, this obligation shall be null and void: otherwise to remain in full force and effect. IN WfrNESS WHEREOF said Principal and Surety have caused this bend to be executed by their officers thereunto duly authorized this5thda / -,XKMI 2001 DATE 02 Q BOND NO. 25-15-13 RB HOME Coastal Inc. , fka PRINCIP L• ufman d Broad Coastal, Inc. (SEAL) Bv: ri n Assurance Company (SEAL) By= _ Attorney In Fact Maria Pena The premium on this bond is Mailing Address of Surety: g 395.00 777 South Figueroa Street, 18th Floor Los Angeles, CA 90017 212-689-3764 (Executed in Triplicate) - 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I I f I State of California ss. County of Orange I On February 7, 2001 , before me, Maria-Dolores Castro-Sanchez, Notary Pgbl Data Name deal Title of Officer(a g,,'Jane Doe,Notary Pudic") ; personally appeared Linda Edwards Name(a)a SgueuO �- ® personally known to me ❑ proved to me on the basis of satisfactory evidence r� to be the person(;4 whose name(8'f is/afier� subscribed to the within instrume t and � � acknowledged to me that she/th executed Commission#128 aa the same in h' er/tsla authorized Notary Public-Califomfo g capacity(iw, and that by f Klher/t� Orange County signature(�n the instrument the person(5!or MyComm.6ViresJan&2flO5J the entity upon behalf of which the person( acted, executed the instrument. i I WI NESS y nd tial I. � Place Notary Seal Abave Signature ary Public I I OPTIONAL I. Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bond 11 25-15-13 Water Improvement Tract# 15858 i i Document Date: February 5, 2001 Number of Pages: 02 f ;. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Linda Edwards t ❑ Individual Top of thumb here ;. ❑ Corporate Officer—Title(s): t. ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact I' ❑ Trustee Guardian or Conservator I L79 Other: Principal L�_1_5u�K er Is Representing: KB HOME Coastal Inc. 01999 Nalional Notary Assocalion•9350 De Solo Ave.,PO Boa 2002•Chalswoft CA 913112302•www naliorelnolary org Prod.W.5967 Reorder'.Call TeILFree 1 SM 8]6-682] Mayo-'"', State of California County of Los Angeles On February 5, 2001 before me, Edward C. Spector, Notary Public, personally appeared Maria Pena personally known to me (or proved to me on the basis of satisfactory evidence) to be the 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/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. '.' EDWAR Ci r" COMM.U,z70- D tD ',y. 9 p�pTAFYPUBLIG��" �aN�A N Edward C. Spector �[ �� . LGS ANGEL NP 8.2004 I .. MV COMM.E%Dre3Ju American Home Assurance Comp POWER OF ATTORNEY National Union Fire Insurance Company of Pittsburgh, Pa. Principal Bond Office:70 Pine Street,New York,N.Y. 10270 No.05-13-01233 KNOW ALL MEN BY THESE PRESENTS: That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa., a Pennsylvania corporation,does each hereby appoint ---Tracy Aston,Peter Arkley,C.K.Nakamura,E.S.Albrecht,Jr.,Edward J.Stuart,Lisa L.Thornton,Saundra L.Gingras, William A.Sadler,Dennis T.Menard III,Maria Pena,Betty Walker: of Los Angeles,California--- its true and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof,issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF,American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh,Pa. have cacti executed these presents this 8th day of December, 1999, Vl! Lawrence W. Carlstnlrn,Senior Vice President ��tt egti National Union Fire Insurance Company of Pittsburgh,PA. Vice President,American Home Assurance Company STATE OF NEW YORK } COUNTY OF NEW YORK }ss. On this 8th day of December, 1999 before me came the a above named officer of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa., to me personally known to be the individual and officer described herein, JOSEPH 61 NOZZOLIO and acknowledged that he executed the foregoing instrument and N018rr Pvbfc, ware -r©,,, yo,k N°. 01-N04652754 aC:ised tire seals of said corporations thereto by authority of his CCk�eOfen .n We:tcheste C° npy o t7me. ysr.a Y.'rnlras Jan. 31, CERTIFICATE Fxceipis of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh,Pa.on May 18, 1976: "RESOLVUa),that the Chairman of the Board,Lie President,or any Vice Presidcut be,an'hereby is,aut:)orized to appoi;,t Attorneys-in-Fact to represent and act for..nal on behalf of the Company to execute bonds, undertakings, recognizau^es eu-1 o'.=!er coc:racts of indemnity and writings obligatory in the nature (hereof,and to attach thereto the corporate seal of the Company,in the transaction of its surety business; "RESOI-VED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond,undertaking,recognizance or other contract of indemnity or writing obligatory in the nature thereof, "RESOLVED, that any such Attomey-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof,said date to be not later than the date of delivery thereof by such Attorney-in-Fact." 1,Elizabeth M."fuck,Secretary of American Home Assurance Company and of National Union Fire Insurance Company of Pittsburgh,Pa. do hereby certify that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corporations, and the Powers of Attorney issued pursuant thereto, are true and correct,and that both the Resolutions and the Powers of Attorney are in full force and effect. IN N\'1"f NESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of each corporation this 5th day of February 2001 )% Elizabeth M.Tuck, Secretary � n � �� .....,,.1.nrniuidiJP�d�Yii'3itle tYYi{t'�rr Y.�afxdY8.1�YdlYdlt 65166(4199) Traffic Signal and Striping Improvements EXECUTED IN DUPLICATE BOND NO. : 25-84-33 fw PREMIU, : $263.00 SUBDIV15ION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE . 66499.1) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and KB HOME Coastal Inc. , fka Kaufman and Broad Coastal, Inc. (hereafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated public improvements, which said Agreement dated 19 and made a part hereof; and WHEREAS, said Principal is required, under the terms of said Agreement, to furnish a bond for the faithful performance of said Agreement, NOW, THEREFORE, we, the Principal and American Home Assurance Company , as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of one Hundred Fifty Thousand and No/100------------------------------- Dollars, lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements, then the obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives any rights, if there be any, to require that a demand be made first against the Principal in the event of def aul t. BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all To be taxed as costs and included in any judgment rendered. RELEASED DATE (fL 1 IN! S (� 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alteration, or modification of the contract documents or of work to be performed thereunder. Executed this 1st day of March $:0 2001 at _Los Angeles , California. PRINCIPAL Kp H E Coas 1 Inc. , fka Kaufman and d^ oas al Inc. ` (NOTARIZATION AND SEAL) American Home Assurance Company APPROVED AS TO FOR14: SURETY i Maria Pena, Attorney-in-Fact CITY ATTORNEY (NOTARIZATION AND SEAL) Page 2 - Subdivision Performance Bond CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California e I ss. OranCounty of 8 On March 5, 2001 before meMaria-Dolores Castro-Sanchez, Notary Public Date Name and Title of Officer(e.g.,'Jane Doe,Notary Public') personally appeared Linda Edwards Name(s)of Signers) 119 personally known to me El evidence to be the person(s)' whose name(a)' is/ace subscribed to the within instrument and acknowledged to me that D&ghe/they-gxecuted the same in >61her/thae authorized capacity(Wejr' and that by hi /her/tWir S Milliall,00LOFES signature(e�'cn the instrument the person(Wor Commission# 1289898 the entity upon behalf of which the person(ar Notary Public-California acted, executed the instrument. Orange County MIrComm•1],p'res.lon8,2005 ITNE S m halffici sal. I Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document:Subdivision Bond, Bond# 25-84-33, 25-84-34, 25-84-35 I Document Date: March 1. 2001 Number of Pages: 2 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual - Top of thumb here (, ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited El General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator XX Other: Principal Signer Is Representing: KB HOME Coastal Inc. ®1999 National Notary Association•9350 De Solo Ave.,PO.Box 2402•Chalsworn,CA 913132402•www.nalionalnorar,org Piro,No 5907 Reordl Call TollFree 1800 876 6827 �AZ 'M.a NS State of California County of Los Angeles On March 1, 2001 before me, Edward C. Spector, Notary Public, personally appeared Maria Pefia personally known to me (or proved to me on the basis of satisfactory evidence) to be the 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/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. EDWARD96'a c4e'-t C.SPECTOR COMM.#1270065 IT NOTARY PUBLIC-CALIFORNIA U) Edward C. Spector LOS ANGELES COUNTY My Comm.Expires Juy 8.2004 American Home Assurance Comp .y POWER OF ATTORNEY National Union Fire Insurance Company of Pittsburgh, Pa. Principal Bond Office: 70 Pine Street,New York,N.Y. 10270 No.05-B-01233 KNOW ALL MEN BY THESE PRESENTS: That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa., a Pennsylvania corporation,does each hereby appoint ---Tracy Aston,Peter Arkley,C.K.Nakamura,E.S.Albrecht,Jr.,Edward J.Stuart,Lisa L.Thornton,Saundra L.Gingras, William A. Sadler,Dennis T.Menard III,Maria Pena,Betty Walker: of Los Angeles,California--- its true and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF,American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh,Pa.have each executed these presents this I st day of February,2000 — eI % % �- Lawrw ence W. Carlstrom, Senior Vice President .t National Union Fire Insurance Company of Pittsburgh,PA. Vice President,American Home Assurance Company STATE OF NEW YORK } COUNTY OF NEW YORK }ss. On this Ist day of February, 2000 before me came the above named officer of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa., to me ]OSEPh It. NOZ20110 personally known to be the individual and officer described herein, Notary Public, State of Ne ?,,k and acknowledged that he executed the foregoing instrument and No. 01-N04652754 0--lified in Westchester Cw+nty affixed the seals of said corporations thereto by authority of his C«m mam jab z4 aoo Z office. ---- CERTIFICATE Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh,Pa.on May 18, 1976: 'RESOLVED,that the Chairman of the Board,the President,or any Vice President be,and hereby is,authorized to appoint Attorneys-in-Fact to represent and act for and on behalf of the Company to execute bonds,undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof,and to attach thereto the corporate seal of the Company,in the transaction of its surety business; 'RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof; "RESOLVED, that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof,said date to be not later than the date of delivery thereof by such Attomey-in-Fact." I, Elizabeth M.Tuck.Secretary of American Home Assurance Company and of National Union Fire Insurance Company of Pittsburgh,Pa.do hereby certify that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corporations,and the Powers of Attorney issued pursuant thereto,are true and correct,and that both the Resolutions and the Powers of Attorney are in full force and effect. IN WITNESS WHEREOF,1 have hereunto set my hand and affixed the facsimile seal of each corporation this 1st day of March 2001 ` Elizabeth M. Tuck, Secretary 0166(4/99) EXECUTED IN DUPLICATE Bond No. 25-84-33 Premium: Included SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE, SECTION 66499,2) WHEREAS, the City Council of the City of San Juan Capistrano, 5tate of California, and KB HOME Coastal Inc. , fka Kaufman and Broad Coastal, Inc. (hereinaiter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certAin designated improvements which said Agreement, dated _ 19_, and identified as Project Tract 15998 - Traffic Signal and Striping Improvements is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to turnlsh a bond for the faithful performance of said agreement; NOW, THEREFORE, we, the Principal and American Home Assurance Company as Surety, are held and 11rmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of One Hundred Fifty Thousand and No/100--------------------------------- Dollars ($ 150,000.00 ) lawful money of the United States, for the payment of which sum well and truly 'o be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. Phe condition of this obligation is such that, if the above bound Principal, his r its heirs, executors, administrators, successors or assigns, shall in all things stand to 1 and abide by and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent a-id meaning, and shall Q indemnify and save harmless the City, its officers, agents and employees as therein U1 stipulated, then this obligation shall become null and void; otherwise it shall be and Q \'6 remain in full force and effect. W LU W As part of the obligation secured hereby and in addition to the face amount Ol spec ed therefor, there shall be included costs and reasonable expenses and fees lof 2 The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to th-z terms of the agreement or to the work to be Performed thereunder or the specificationsaccompanying the same shall in any wise affect its obligatio-is on this bond, and it does hereby waive notice of aiy such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety herein named on the Ist day of March AV 2001 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. PRINC AL B H Coss 1 Inc. , fka Kaufman _..-a r'o d st, al, Inc. 4AP VED AS TO F R (NOTARIZATION AND SEAL) A A- K. 'OENHALTER. CITY ATTORNE3 / RETy Ame( 'can Home Assurance Company Maria Pena, Attorney-in-Fact (NOTARIZATION AND SEAL) NOTE: Please Attach Acknowledgement and Power of Attorney 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I State of California County of Orange ss. 11 I 1 On March 5, 2001 , before memaria-Dolores Castro-Sanchez, Notary Public Date Name and Title of Officer(e.g.,'Jar.Doe,Notary Public') ' personally appearedLinda Edwards Name(.)of Signer(.) [N personally known to me El euidence to be the personal whose name(af is/aper- subscribed to the within instrument and acknowledged to me that be1sheitheytxecuted the same in }><her/ttlaFr authorized capacity(] , and that by t er/tWir frwau )otaREs )'o signature(sn the instrument the person(Wor Commission#1289898 the entity upon behalf of which the person(W fNotary Public-California %MY Orange County acted, executed the instrument. Comm.Woes Jan ll 2M5 ITNESS y andficial a . i' Place Notary Seal Above Signature Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document i. and could prevent fraudulent removal and reattachment of this form to another document. r Description of Attached Document Title or Type of Document:Subdivision Bond, Bond# 25-84-33, 25-84-34, 25-84-35 f Document Date: March 1. 2001 Number of Pages: 2 r, Signer(s) Other Than Named Above: I r Capacity(ies) Claimed by Signer Signer's Name: _ I ❑ Individual pop of thumb Here ❑ Corporate Officer—Title(s): f O Partner—❑ Limited ❑General I ❑ Attorney in Fact ❑ Trustee t ❑ Guardian or Conservator i XX Other: Principal t i I- Signer Is Representing: KB HOME Coastal Inc. t _ 01999 National Notary A socialion•9350 De Sola Ave.,P.O.Bax 2002•Cteeworth,OA 91313-2402•www.naoonabrolary.M Pref No.5907 R—al,a:Call Toll Free 1 800 876 689 o- u! State of California County of Los Angeles On Mar``' 1, 2001 before me, Edward C. Spector, Notary Public, personally appeared Maria Pena personally known to me (or proved to me on the basis of satisfactory evidence) to be the 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/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ��°..• , C. EDWARD C.SPECTOR = �� e, COMM.#1270065 n Edward C. Spector NOTARY PUBLIC-CALIFORNIA N j \ S•Ta LOSANGELES COUNTY p My Comm.Expires July 8.2004 American Home Assurance Coml y POWER OF ATTORNEY National Union Fire Insurance Company of Pittsburgh, Pa. Principal Bond Office: 70 Pine Street,New York,N.Y. 10270 No.05-B-01233 KNOW ALL MEN BY THESE PRESENTS: That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa., a Pennsylvania corporation,does each hereby appoint ---Tracy Aston,Peter Arkley,C.K.Nakamura,E.S.Albrecht,Jr.,Edward J.Stuart,Lisa L.Thornton,Saundra L. Gingras, William A. Sadler,Dennis T. Menard III,Maria Pena,Betty Walker: of Los Angeles,California--- its true and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF,American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh,Pa.have each executed these presents this 1 st day of February,2000 Lawrence W. CarlsVom,Senior Vice President t " National Union Fire Insurance Company of Pittsburgh, PA. - Vice President,American Home Assurance Company STATE OF NEW YORK } COUNTY OF NEW YORK }ss. On this Ist day of February, 2000 before me came the above named officer of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa., to me 21JSEPh 6. NOL70LIO personally known to be the individual and officer described herein, Notary Public, State of New orf and acknowledged that he executed the foregoing instrument and No. 01-N04652754 in affixed the seals of said corporations thereto by authority of his l m Md ii Westchester County Camm E<B4yt Ira Ila —'2o,6 office. CERTIFICATE Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Companl of Pittsburgh,Pa.on May 18, 1976: "RESOLVED,that the Chairman of the Board,the President,or any Vice President be,and hereby is,authorized to appoint Attomeys-in-Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof,and to attach thereto the corporate seal of the Company,in the transaction of its surety business; "RESOLVED, that the signatures and attestations of such officers and the seat of the Company may be affixed to any such Power of Attorney or to am certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof; "RESOLVED, that any such Attomey-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof,said dale to be not later than the date of delivery thereof by such Attorney-in-Fact." I, Elizabeth M.Tuck, Secretary of American Home Assurance Company and of National Union Fire Insurance Company of Pittsburgh, Pa. do hereby certifc that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corporations, and the Powers of Attorney issued pursuant thereto, arr, true and correct,and that both the Resolutions and the Powers of Attorney are in full force and effect. IN WITNESS WHEREOF,1 have hereunto set my hand and affixed the facsimile seal of each corporation this 1st day of March 2001 Elizabeth M. Tuck, Secretary �R.roa�iv 65166(4/99) EXECUTED IN DUPLICATE Landscape & Irrigation Improvements BOND NO. : 25-84-34 PREMIUM; $448.00 SUBDIVLSIOfV FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE . 66499. 0 WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and KB HOME Coastal Inc. , fka Kaufman and Broad Coastal, Inc. (hereafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated public improvements, which said Agreement dated 19 and made a part hereof; and WHEREAS, said Principal is required, under the terms of said Agreement, to furnish a bond for the faithful performance of said Agreement; NOW, THEREFORE, we, the Principal and American Home Assurance Company as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of Two Hundred Fifty—Six Thousand and No/100---------------------------- Dollars, Lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements, then the obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives any rights, If there be any, to require that a demand be made first against the Principal in the event of def aul t. BE ET FURTHER RESOLVED- i. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's tees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. RELEASED DATE ITI 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documehzs or of the Work to be performed thereunder, shall in any Way affect its obligations or this bond, and it does hereby Waive notice of any such change, extension of time, alteration, or modification of the contract documents or of Work to be performed thereunder. Executed this 1st day of `larch �.d 2001 at Los Angeles , California. PRIN IPAL E Coa 1 Inc. , Fka Kaufman and S tiad oas Inc. (NOTARIZATION AND SEAL) American Home Assurance Company APPROVED AS TO FORM: SURETY QY-C Maria Pena, Attorney-in-Pact CITY ATTORNEY (NOTARIZATION AND SEAL) Page 2 - Subdivision Performance Bond CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ------------------ State of California orange ss. I I County of � I I ( On March 5, 2001 , before meMaria–Dolores Castro–Sanchez, Notary Publics Dale Name and Title of Officer(e.g.,"Jane Doe.Notary Public") 1 personally appeared Linda Edwards I Name(s)of Signer(s) LN personally known to me 0 evidence I to be the personal whose nameK is/pre— subscribed to the within instrument and acknowledged to me that the/they-6xecuted the same in beher/thiae authorized capacityUoar and that by hK/Iher/thteir y'r turxLazesW':-ItosnNcrEz signature(sj'on the instrument the person(Wor r ,•� Commission# 1299928 the entity upon behalf of which the person(sj' Notary Public-California Orange County acted, executed the instrument. W Comm.Fiq�ites Jana,2M5 ITNE S y hal official al. Place Nolary seal Above signature of Notary Public 'I I OPTIONAL �. Though the information below is not required by law, it may prove valuable to persons relying on the document (, and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document:Subd ivis ion Bond, Bond# 25-84-33, 25-84-34 25-84-35 Document Date: March 1. 2001 Number of Pages: 2 ' r 1. Signer(s) Other Than Named Above: I Capacity(ies) Claimed by Signer Signer's Name: i ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): , ❑ Partner—❑ Limited ❑General I ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ' XX Other: Principal f Signer Is Representing: KB HOME Coastal Inc. r: r 01999 National Notary Assonation•9350 De Solo Ave.P 0 Box 2402-Cbalswo0tt.CA 91313-2402•www.natunzlrotary am Pry No 5907 Reorder Gall roll'Fill,1 800 87"827 a _ State of California County of Los Angeles On March 1, 2001 before me, Edward C. Spector, Notary Public, personally appeared Maria Pena personally known to me (or proved to me on the basis of satisfactory evidence) to be the 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/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. - - - - - - - - - - - - - - - EDWARD C.SPECTOR x / N COMM,»1270055 NOTARY PUBLIC-CALIFORNIA N z �s� LOS ANGELES COUNTY Edward C. Spector My Comm.Expires July 8,2004 American Home Assurance Coml 9 POWER OF ATTORNEY National Union Fire Insurance Company of Pittsburgh,Pa. Principal Bond Office: 70 Pine Street,New York,N.Y. 10270 No. 05-13-01233 KNOW ALL MEN BY THESE PRESENTS: That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa., a Pennsylvania corporation,does each hereby appoint ---Tracy Aston,Peter Arkley,C. K. Nakamura,E. S.Albrecht,Jr.,Edward J.Stuart,Lisa L. Thornton,Saundra L.Gingras, William A.Sadler,Dennis T.Menard III,Maria Pena,Betty Walker: of Los Angeles,California--- its true and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof,issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF,American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh,Pa.have each executed these presents this 1 st day of February,2000 gptiK el _ Lawrwence WIC rlstrom,Senior Vice President t National Union Fire Insurance Company of Pittsburgh, PA. 4 Vice President,American Home Assurance Company STATE OF NEW YORK } COUNTY OF NEW YORK }ss. On this 1st day of February, 2000 before me came the above named officer of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa., to me )OsiPh B. NOZZOtlO personally known to be the individual and officer described herein, Notary Public, State of Ne ork and acknowledged that he executed the foregoing instrument and No. 01-NOA652754 C)uniified in Westchester County affixed the seals of said corporations thereto by authority of his NAM Jm.A.—Z office. ----- CERTIFICATE Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh,Pa.on May 18, 1976: "RESOLVED,that the Chairman of the Board,the President,or any Vice President be,and hereby is,authorized to appoint Attorneys-in-fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof.and to attach thereto the corporate seal of the Company,in the transaction of its surety business; "RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond,undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof, "RESOLVED, that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof,said date to be not later than the date of delivery thereof by such Attomey-in-Fact." 1, Elizabeth M.Tuck, Secretary of American Home Assurance Company and of National Union Fire Insurance Company of Pittsburgh, Pa.do hereby certify that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corporations,and the Powers of Attorney issued pursuant thereto, are true and correct.and that both the Resolutions and the Powers of Attorney are in full force and effect. IN WITNESS NN'HFREOF,1 have hereunto set my hand and affixed the facsimile seal of each corporation this 1st day of March X200__1 K �v e Elizabeth h4. Tuck, Secretary 65766 14/99) EXECUTED IN DUPLICATE Bond No. 25-84-34 Premium: Included SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE, SECTION 66499,2) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and KB HOME Coastal Inc. , fka Kaufman and Broad Coastal, Inc. (hereinafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete cert4in designated improvements which said Agreement, dated _ . 19and identified as Project Tract 15998 - Landscape & Irrigation Improvements is hereby referred to and made a part hereof; and WHEREAS, said Principal Is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement; NOW, THEREFORE, we, the Principal and American Ilome Assurance Company as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of Two Hundred Fifty-Six Thousand and No/100------------------------------ Dollars ($ 256,000.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, We bind ourselves, our heirs, successors, executors and adm'nistrators, jointly and severally, firmly by these presents. IThe condition of this obligation is such that, it the above bound Principal, his fitheir , executors, administrators, successors or assigns, shall in all things stand to by and well and truly keep and perform the covenants, conditions and in the said agreement and any alteration thereof made as therein provided, on LLI r part, to be kept and performed at the time and in the manner therein (nand in all respects according to their true intent and meaning, and shall Uj and save harmless the City, its officers, agents and employees as therein LU then this obligation shall become null and void; otherwise it shall be and n ull force and effect. As part of the obligation secured hereby and In addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees I of 2 The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or cc the worx to he performed thereunder or the specifications accompanying :he same shall in any wise affect ics obligations on this bond, and it does hereby ware notice of any such change, exte-ision of time, alteration or addition 'o the terms of the agreement or to the work or 'o the specifications. IN WITNESS WHEREOF, throe (3) identical counterparts of this iistrumcnc, each of which shall for all purposes be deemed an original thereof, have leen duly executed by the Principal and Surety herein named on the 1st day of March AV 2001, -he name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. PR;INCI AL KB HO Y Coast Inc. , .Eka KauEman _and r-o C ,t /L,.Inc , / A P VED AS ;TC) F R (NOTARIZATION AND SEAL) RI HARD K. DECIHALTnR, CITY ATTORMc3 / SURETY American Home Assurance Company ^Iaria Pena, Attorney-Ln-Fact (NOTARIZATION AND SEAL) NOTE: Please Attach Acknowledgement and Power of Attorney 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT r State of Californiass. County of Orangepn March 5, 2001 , before meMaria-Dolores Castro-Sanchez, Notary Public' Data Name and Tifle of Officer(e.g.,"Jane Doe,Notary Public personally appeared Linda Edwards �. Name(s)of Signer(e) ,f 9 personally known to me evidence I I to be the person(K whose name(sf islWe- subscribed to the within instrument and acknowledged to me that,be!§he/they6xecuted the same in bieher/tgae authorized capacity(ja< and that by hiker/tWir � si nature on the instrument the erson or il Commission# 1289898 9 ( P Notary Public-California y the entity upon behalf of which the person(' r orange County acted, executed the instrument. 7 My Comm.6ipiires Jon&2M5 ' WI ESS y and official L I I l' Place Notary Seal Above Signature o otary Public r 1 OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document (. and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document:Subdivision Bond, Bond# 25-84-33 25-84-34 25-84-35 l� l Document Date: March 1. 2001 Number of Pages: 2 t t , ,. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: 1 ❑ Individual 'l Top of lhub Kele 1, ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ,l ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator 1, Lt.X Other: Principal _ r Signer Is Representing: KB HOME Coastal Inc. 1 r ®1999 National Notary Asscnalion•9350 De Sola Ave.,PO Box 2JIId•CM1alswotlM1,CA 91313-2404•www nalionalnolaryerg Pry Nc 5%7 PeoNer Call Toll-Free 1 lso 9]6 6827 State of California County of Los Angeles On tlarch 1, 2001 before me, Edward C. Spector, Notary Public, personally appeared Maria Pena personally known to me (or proved to me on the basis of satisfactory evidence) to be the 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/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. r EDWARD C.SPECTOR = C C C. / of N COMM.#1270065 D Edward C. Spector NOTARVPUOLIC-CALIFORNIA 2 \ LOS ANGELES COUNTY y My Comm.Expires July 8,20M American Home Assurance Corral y POWER OF ATTORNEY National Union Fire Insurance Company of Pittsburgh, Pa. Principal Bond Office: 70 Pine Street,New York,N.Y. 10270 No.05-B-01233 KNOW ALL MEN BY THESE PRESENTS: That American Home .Assurance Company, a New York corporation, and National Union Fire insurance Company of Pittsburgh, Pa., a Pennsylvania corporation,does each hereby appoint ---Tracy Aston, Peter Arkley,C. K.Nakamura,E.S.Albrecht,Jr.,Edward J.Stuart,Lisa L.Thornton,Saundra L.Gingras, William A.Sadler,Dennis T.Menard 111,Maria Pena, Betty Walker: of Los Angeles,California--- its true and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds,undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof,issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF,American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh,Pa.have each executed these presents this Is,day of February,2000 �yy� gpRK u� Lawrence W. Car Lawrence W.Carls[rom,Senior Vice President National Union Fire Insurance Company of Pittsburgh,PA. - Vice President,American Home Assurance Company STATE OF NEW YORK } COUNTY OF NEW PORK }ss. On this Ist day of February, 2000 before me came the above named officer of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa., to me Ir.)SEPH A. NOZZOUO personally known to be the individual and officer described herein, Notary Public, Stale of Ne VO and acknowledged that he executed the foregoing instrument and i.d Westc estor C affixed the seats of said corporations thereto by authority of his rfts &, in Weudtesisr County Cexm �xe4rt ]em 34 2o12,2— office. CERTIFICATE Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh,Pa.on May 18, 1976: "RESOLVED.that the Chairman of the Board,the President,or any Vice President be,and hereby is,authorized to appoint Attomeys-in-Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, reeognizances and other contracts of indemnity and writings obligatory in the nature thereof,and to attach thereto the corporate seal of the Company,in the transaction of its surety business; "RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to am' certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking,recognizance or other contract of indemnity or writing obligatory in the nature thereof; "RESOLVED, that any such Attomey-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such cenification the date thereof.said date to be not later than the date of delivery thereof by such Attomey-in-Fact." 1, Elizabeth M. Tuck.Secretary of American Home Assurance Company and of National Union Fire Insurance Company of Pittsburgh,Pa. do hereby certify that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corporations,and the Powers of Attorney issued pursuant thereto, are true and correct,and that both the Resolutions and the Powers of Attorney are in full force and effect. IN\\'ITN'ESS WHEREOF.I have hereunto set my hand and affixed the facsimile seat of each corporation this 1St day of March 2001 .P` A Elizabeth M.Tuck,Secretary 65166(4/99) CONTRACT BOND — CALIFORNIA FAITHFUL PERFORMANCE — PUBLIC WORK • EXECUTED IN DUPLICATE Bond No. 25-84-35 InitialPremium charged for this bond is $_100.90 subject to adjust- ment upon completion of contract at appli- cable rate on final contract price. KNOW ALL MEN BY THESE PRESENTS, that KB HOME Coastal Inc. , fka Kaufman and Broad Coastal, Inc. of Irvine, California as Principal, and the American Home Assurance Comuany a corporation organized and existing under the laws of State of New York and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto the City of San Juan Capistrano, in the sum of Twenty-Five Thousand and No/100------------ Dollars (5 25,000.00 ) for. the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION 15 SUCH, that WHEREAS, the above-bounded Principal has entered Into a Contract dated . 19 , with the City of San Tuan Capistrano to do and perform the following work, to wir. SubdivisionMonumentssior Street Sign NOW, THEREFORE, if the above-bounded Principal shall faithfully perform all the provisions of said Contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and sealed this 1st day of 1?arch k� 2001 RELEASE KB HOME Coastal Inc. , fka Kaufman and Broad Coastal, Inc. DATE_ Pri dpa Ott PTl FORM:" �r By MAI A American Hone Assurance Company City ttorney By Maria Pena, Attorney-in-Fact NOTE: Acknowledgements of executlon of Principal and Surety must be attached. ;v'A ALL-PURPOSE ACKNOWLEDGMENT I California I ss. ,j( Orange `.I 5, 2001 before meMaria-Dolores Castro-Sanchez, Notary Public ,li Date Name aed Title of Once,(e,9,'J..Doe,Notary PublrC) appeared Linda Edwards Namefs)of Sgcana) IN personally known to me El ppo"Ad tFt me 88 the basis qf-�� ) evidence to be the personal whose name( f is/ase- subscribed to the within instrument and acknowledged to me thatbieKshe/they-i5xecuted the same in j:tS#her/alai( authorized WA4VloO GASTR0,Sq0iEZ capacity0ar and that by hK/`ker/ttr�ir Commission# 1289898 signature(2Ton the instrument the person(Wor ' Notary Public- Colifomia > the entity upon behalf of which the person(W 'I Orange county acted, executed the instrument. �, - - My Comm.Expires Jan 8.2005 'I WI ESS rd anal se Place Notary Seal Above Signature of Notary Public ) I - - OPTIONAL I, information below is not required by law, it may prove valuable to persons relying on the document f. and could prevent fraudulent removal and reattachment of this form to another document. Ston of Attached Document �� pe of Document:Subdivision Bond, Bond## 25-84-33, 25-84-34, 25-84-35 I" f`ate: March 1, 2001 Number of Pages: 2 r i Other Than Named Above: (" I fy(ies) Claimed by Signer Name, .i Top of thumb here .ate Officer—Title(s): n.:r --❑ Limited ❑ General ,iney in Fact f ardlan or Conservator ^ -r- Principal =2epresenting: KB HOME Coastal Inc. i ®19T : o •9350 De Solo Ave,PO.Bo12402•CNal,rv.0h.CA 91313-2002•www. l.malnola,ol, Prne.No.5907 Reorder Call TollFree1 800 875 6827 State of California County of Los Angeles On March 1, 2001 before me, Edward C. Spector, Notary Public, personally appeared Maria Pena personally known to me (or proved to me on the basis of satisfactory evidence) to be the 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/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. *: • EDWARD C.SPECTOR = QU'V-V c s� y_ COMM.#1270065 '+ NOTARYPUBLIC-CALIFORNIA N Edward C. Spector y LOS ANGELES COUNTY My Comm.Expires July 8,2004 I American Home Assurance Comp j POWER OF ATTORNEY National Union Fire Insurance Company of Pittsburgh, Pa. Principal Bond Office: 70 Pine Street,New York,N.Y. 10270 No.05-B-01233 KNOW ALL MEN BY THESE PRESENTS: 'That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa., a Pennsylvania corporation,does each hereby appoint ---Tracy Aston,Peter Arkley,C.K. Nakamura,E.S.Albrecht,Jr.,Edward J.Stuart,Lisa L.Thornton,Saundra L.Gingras, William A. Sadler,Dennis T. Menard III,Maria Pena,Betty Walker: of Los Angeles,California--- its true and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognisances and other contracts of indemnity and writings obligatory in the nature thereof,issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF,American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh,Pa.have each executed these presents this I st day of February,2000 Lawrence W.Carlstrom, Senior Vice President t National Union Fire Insurance Company of Pittsburgh,PA. - Vice President,American Home Assurance Company STATE OF NEW YORK } COUNTY OF NEW YORK }ss. On this Ist day of February, 2000before me came the i above named officer of American Home As_surance Company and National Union Fire Insurance Company of Pittsburgh, Pa., to me 70SEp11 Ii. No"O"0 personally known to be the individual and officer described herein, ;Notary Public, State of Ne orF and acknowledged that he executed the foregoing instrument and No. 01-N04652754 CX,-afwa in Wesachasier Cootay affixed the seals of said corporations thereto by authority of his fam Lvaim Jem 34 42S.12.Z office. ----- CERTIFICATE Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh.Pa.on May 18, 1976: "RESOLVED,that the Chairman of the Board,the President,or any Vice President be,and hereby is,authorized to appoint Attorneys-in-Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof,and to attach thereto the corporate seal of the Company,in the transaction of its surety business; "RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney m to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be Nal id and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof; "RESOLVED, that any such Attomey-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof,said date to be not later than the date of delivery thereof by such Attomey-in-Fact." 1, Elizabeth M.Tuck, Secretary of American Home Assurance Company and of National Union Fire Insurance Company of Pittsburgh, Pa.do hereby certify that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corporations,and the Powers of Attorney issued pursuant thereto, are true and correct,and that both the Resolutions and the Powers of Attomey are in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of each corporation this 1st dayof Marrc-,(ham 2001 Elizabeth M. Tuck, Secretary 65166(4/99) CERTWAA=Q0AILNUMIdER.,,.,er -,tILAL Alih-*; FRIF-11MINA;M NWN accordance with sections 3097 2640 1946 1469 98,California Civil Code THIS IS NO C T LIEN. This is NOT a reflection on integrity of any contractor or subcDntrac a are hereby notified that R E C E I , has furnished or will furnish labor,servequipment or material of the following gain scription: for building structure,or other work of improvers ;ated at EP 31 P 2. So ie name of the person or firm who contracted for the Purchase of such labor,services, equipment or material furnished is ,n estimate of the t618170rice of the labor,services, NOTICE TO PROPERTY OWNER a MRS W got"M in MR for tire labor,micas,mwm ar madeflam firroblied r w be lurnasm,a ordsoldin(c's tits leading to the idea,through start ferutwm ------ - - avnoweaftep,of all ar Paul of vow Property wag"however!My be Pines Mutual the property even though you have Paid van, contractor in fall In MY told to traded Idessall against Ibis i;savrearpre by il)requiring Vow contractor to hadvish I signed rebates by the person or brun oirtne;You this Mice Were Makin omvwam Is your toobsolor at 12)any other method or Oulu that Is approardifirs under the cirrobst"W. POSTMAN DELIVER THIS ENVELOPE TO ADDRESS ON REVERSE SIDE • •�•. CERTIFICATE OF INSURANCE DAT /DDM') o7/n16,s/2ooa PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS Aon Risk Services,Inc.of Southern California UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,EMEND OR ALTER 707 Wilshire Boulevard,Ste.6000 THE COVERAGE AFFORDED BY THE POLICIES BELOW. Los Angeles,CA 90017 Tel No.(213)630 3200 INSURERS AFFORDING COVERAGE INSURED INSURER A' Old Republic Ins.Co.of Greensburg,PA KB Home Coastal,Inc. INSURERS: National Union Fire Ins Co.of Pittsburgh,PA 3 Jenner,Ste. 100 Irvine,CA 92618 INSURER 0: XL Insurance (Bermuda)Limited INSURER D: American Home Assurance Company INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS,AND CONDITIONS OF SUCH POLICIES. THE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 00 POLICY EFFECTIVE POLICYEXPEATION LTR TYPE OF INSURANCE POLICY NUMBER DATE UNIN DATE(MWDDD`Y LIMITS m7 A GENERAL UAearrY MW2Y56555 07/15/2004 05/31/2005 EACH OCCURRENCE $ 1,000,000 O COMMERCIALGENERAL LIABILITY FIRE DAMAGE(Any One Fire) $ ❑ ❑CLAIMS MADE © OCCURRENCE F-1MED EXP(Any One Person) $ PERSONA_&ADV INJURY $ GENERAL AGGREGATE $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS—COMPIOP AGG $ 1,000,000 ©PCLICY []PRI ❑LOC AUTOMOBILE LIABILITY CA8261747(AO$) 05/31/2004 05/31/2005 COMBINED SINGLE LIMIT B Q ANYAUTO (Ea amident) $ 1,000,000 ❑ ALLOWNEDAUTOs CA 8261746(7X) 05/31/2004 05/31/2005 BODILY INJURY ❑ SCREDULEDAUTOs Per Parson) $ 0 MIREDAUTOS BODILY INJURY $ © NONOWNEDAUTO$ (Panemiden0 ❑❑ PROPERTY DAMAGE $ (Per amident) GARAGE LIABILITY AUTO ONLY-EAACCIOENT $ ❑ ANY AUTO OTHERTHAN EA ACC $ AUTO ONLY: AGG $ O EXCESS LIABILITY XLOCC-10540 05/31/2002 05/31/2005 EACH OCCURRENCE $ 3,000,000 ❑d OCCUR ❑ CLAIMS MADE AGGREGATE $ 3,000,000 ❑DEDUCTIBLE $ ❑UMBRELLA FORM $ $ WORKERS'COMPENSATION AND WC 6436470(CA) 05/31/2004 05/31/2005 WCBTATITs OTHER D EMPLOYERSLIABILITY THE PROPRIETOR Q INCL WC 6436471 (AOS) E.L.EACH ACCIDENT $ 1,000,000 PARTNERS/EXECUTIVE E.L.DISEASE-EA EMPLOYEE $ 1,000,000 OFFICERS ME: ❑ EXCL E.L.DISEASE-POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS KBHome/Coastal/Irvine/ 3437 Re:Alipaz-Tract No.15858 and 15898 See attached Additional Insured Endorsement. If MW" MIM City of San Juan Capistrano& SHOULD MY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE Capistrano Valle Water District THEREOF,THE ISSUING COMPMY WILL ENDEAVOR TO MAIL _ DAYS WRITTEN NOTICE TO THE P y CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO 32400 Paseo Adelanto OBUGATION OR UABILITY OF MY RIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. San Juan Capistrano,CA 92675 AUTHORIZED REPRESENTATIVE I'� 2$ L, e I Policy Number: MWZY56555 Commercial General Liability CG 20 1010-01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Coastal/Irvine/1/3437 Name of Person or Organization: city of San Juan Capistrano a Capistrano Valley Water District 32400 Paseo Adelanto San Juan Capistrano,CA 92675 Re: Alipaz-Tract No. 15858 and 15898 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section Ii—Who is An Insured is amended to (1) All work, including materials, parts or equipment include as an insured the person or organization furnished in connection with such work,on the shown in the Schedule, but only with respect to project(other than service, maintenance or liability arising out of your ongoing operations repairs)to be performed by or on behalf of the performed for that insured, additional insured(s)at the site of the covered operations has been completed; or B: With respect to the insurance afforded to these (2) That portion of"your work"out of which the injury additional insureds, the following exclusion is or damage arises has been put to its intended use added: by any person or organization other than another 2. Exclusions contractor or subcontractor engaged in performing This insurance does not apply to operations for a principal as a part of the same "bodily injury" or"property damage" project. occurring after: CG 20 10 10 01 ©ISO Properties,Inc.,2000 Page 1 of 1 I'� dwar► 32400 PASEO ADELANTO v '� F� MEMBERS OF THE CITY COUNCIL LLQ' i SAN JUAN CAPISTRANO,CA 92675 /� SAM ALLEVATO (949)483.1171 Into AXOAXIEX DIANE L.BATHGATE (949)493-1053 FAX v ff1XBl1SXm 1961 WYATi HART www.sanjuancapistrano.org 1776 JOE SOTO • • DAVID M.SWERDLIN April 2, 2004 KB Homes Coastal 3 Jenner, Suite 100 Irvine, CA 92618 RE: Compliance with Insurance Requirements — Subdivision Improvement Agreement, Tract 15858/15998 (Village Alipaz)/License Agreement Tract 15998 (Village Alipaz)/Improvement & Reimbursement Agreement, Tract 158/15998 The following insurance documents are due to expire: ✓ General Liability Certificate 06/30/2004 �\vl ✓ General Liability Endorsement Form naming the City of San Juan�,� Capistrano as additional insured. ✓ Automobile Liability Certificate 05/31/2004 \ ' ✓ Workers Compensation Certificate 05/31/2004 Please submit updated documentation to the City of San Juan Capistrano, attention City Clerk's office, 32400 aseo Adelanto, San Juan Capistrano, CA 92675 by the above exp' ' n dates. If y have any questions, please contact me at (949) 443-6309. / incer I lh/ ari r ` U ecretary cc: Dawn Schanderl, Administrative Assistan Sam Shoucair, Senior Engineer Michelle Perea, Administrative Assist\ � }, Craig Harris, Assistant Engineer �\io San Juan Capistrano. Preserving the Past to Enhance the Future /�.►�16�t�.. CERTIICATE OF INSURANEE DATE(MM/DD 6/1/20044 •PRQ()UCER. THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS Aon Risk Services,Inc.of Southern California UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER 707 Wilshire Boulevard,Ste.6000 THE COVERAGE AFFORDED BY THE POLICIES BELOW. Los Angeles,CA 90017 Tel No.(213)630 3200 INSURERS AFFORDING COVERAGE INSURED INSURER A: KB Home Coastal,Inc. INSURER B: National Union Fire Ins Co.of Pittsburgh,PA 3 Jenner,Ste.100 Irvine,CA 92618 INSURER C: American Home Assurance Co. INSURER D: American Altemative Insurance Company INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS,AND CONDITIONS OF SUCH POLICIES. THE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICY EFFECTIVE EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE(MM,DO�W) (MA4DDm LIMITS GENERAL LIABIUTY 6/30/2003 6/30/2004 YACH OCCURRENCE $ 1,000,000 U COMMERCIAL GENERAL LIABILITY r� FIRE DAMAGE(Any OM Fire) $ [:1 ❑CLAIMSMADE a OCCURRENCE Primary General Liability --- � SIR$1.000.000 excluding MED EXP(Any One PersDn) $ lCl Products/Completed PERSONAL BADV INJURY $ ❑ Operations Liability IS GENERAL AGGREGATE $ being self-insured by GEN'L AGGREGATE LIMIT APPLIES PER: Named Insured PRODUCTS-COMP/OP AGG $ ❑POLICY ❑FRWECT ❑LOC AUTOMOBILE LIABILITY CA8261747(AOS) 5/31/2004 5/31/2005 COMBINED SINGLE LIMIT $ 1000000 B LJ ANY AUTO (Ea aedd t) _1 ALL OWNED AUTOS CA 8261746(TX) 5/31/2004 5/31/2005 BODILY INJURY SCHEDULEDAUTOS (Per persor1) E HIRED AUTOS BODILY INJURY $. W NONOWNED AUTOS (Per aoddent) ❑ PROPERTY DAMAGE $ (Per aeddimO GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY Aura OTHER THAN EAACC $ AUTO ONLY: AGO $ D IEI�XX,ICESS LIABILITY 01-A2-FR-0000033-00 6/30/2003 6/30/2004 EACH OCCURRENCE $ 3,000.000 V1 O(:CUR ElCLAINs MADE AGGREGATE $ 3,000,000 Lj DEDUCTIBLE $ I UMBRELLA FORM $ $ WORKERS'COMPENSATION AND WC 6436470(CA) 5/31/2004 5/31/2005 -.STAtT.Irlis OTHER C EMPLOYERS'LIABILITY TGR ' Lj THE PROPRIETOR/ iINCL WC 6436471 (AOS) E.L.EACH ACCIDENT PARTNERS/EXECUTIVE _ E.L.DISEASE-EA EMPLOYEE § 1,000,000 OFFICERSARE: JI EXCL E.L.DISEASE-POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESIRESTRICTIONSISPECIAL ITEMS KBHome/Coaslalnrvine/ 2096 Re:Sudivision Improvement Agreement Tract 15858/15998(Village Alipazy-icense agreement Tract 15998(Village Alipaz) See attached Additional Insured Endorsement fR'fiCA'(I .H(3E[ R i 11 '; Li:JI ( 'a114#A#" ','.�}.TA1siD<r?a!FP4Ygltik.A .. , City Of San Juan Capistrano SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE C ANCELLED BEFORE THE EXPIRATION DATE Attn:CI Clerks O � THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE City N,Ce CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO 32400 Paseo AdeIBOtO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATNES. San Juan Capistrano,CA 92675 AUTHORIZED REPRESENTATIVE ^. - ACDRD 26-S:(7(Sfi). Policy,Number: 01-A2-FR-0000033-00 • commercial General Liability CG 20 1010-01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Coastal/Irvine/1/2096 Name of Person or Organization: City of San Juan Capistrano Attn:City Clerks Office 32400 Paseo Adelanto San Juan Capistrano,CA 92675 Re: Sudivision Improvement Agreement Tract 15858/15998(Village Alipazylicense agreement Tract 15998 (Village Alipaz) (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II—Who Is An Insured is amended to (1) All work, including materials, parts or equipment include as an insured the person or organization furnished in connection with such work, on the shown in the Schedule, but only with respect to project(other than service, maintenance or liability arising out of your ongoing operations repairs)to be performed by or on behalf of the performed for that insured. additional insured(s)at the site of the covered operations has been completed; or B: With respect to the insurance afforded to these (2) That portion of"your work"out of which the injury additional insureds, the following exclusion is or damage arises has been put to its intended use added: by any person or organization other than another 2. Exclusions contractor or subcontractor engaged in performing This insurance does not apply to operations for a principal as a part of the same "bodily injury"or"property damage" project. occurring after: CG 20 1010 01 @ISO Properties,Inc.,2000 Page 1 of 1 JUL-02-2003 11: 17 PON 977 529 1656 26 P.02iO3 ...: CERTIF ATE OF INSURAN "7/"""'uu 2/2003 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS Aon Risk Services,Inc.of Southern California UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER 707 Wilshire Boulevard,Ste.6000 THE COVERAGE AFFORDED BY THE POLICIES BELOW. Los Angeles,,CA 90017 Tel No.(213)630 3200 INSURERS AFFORDING COVERAGE INSURED INSURER A: XL Insurance Limited KB Home Coastal,Inc. INSURERS: National Union Fire Ins Co.of Pittsburgh, PA 3 Jenner,Ste. 100 Irvine,CA 92618 INSURER C: American Home Assurance INSURER O: T 1-0- 51110-W INSURER E'. 44 YAJt!6�IM1j1ltiLt7 . , ... . THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS,AND CONDITIONS OF SUCH POLICIES. THE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS GO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICYEXPIpAT10N LIMITS LTR DATE QAFVDWM DATE QAMICWW GENERAL LIABILITY 6/30/2003 6/30/2004 EACH OCCURRENCE $ 1,000,000 ©CWMERCIALGENERAL LUBILITV FIRE DAMAGE(Any One Fire) $ ❑ ❑CLAIMa MAGE © OCCURRENCE Primary General Liability MED E%P(Any One Person) $ ®SIR$1,000,000 excluding Products/Completed PERSONAL&ADV INJURY $ ❑ Operations Liability is GENERALAGGREGATE $ being self-insured by GEN'L AGGREGATE Lear APPLIES PER: Named Insured PRODUCTS-COMPIOP AGO $ ❑POLICY ❑PROJECT ❑LOC AUTOMOBILE LABLLI Y CA8261399(AOS) 5/1512003 5/31/2004 COMBINED SINGLE LIMIT S 1,000,000 B ANYAUTD (Ea accident) ❑ Au oMmED AUTC5 CA 8261400(TX) 5/15/2003 5/31/2004 BODILY INJURY ❑ SCHEDULEDAUTOS (Per Pareon) $ © HREDAurGa BODILY INJURY $ © NON0VINEPAUTOS (Per accident) ❑ PROPERTY DAMAGE $ El (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ❑ ANYAUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ ❑CCCUR ❑ CLAIMISMADE AGGREGATE $ El OEOUCTIGLE $ ❑ UMMKLLAFCAM $ WORKERS'COMPENSATION AND WC 7165720(CA) 5/15/2003 5/3112004 Toav Ira DTHeR C EMPLOYERS'U LLITV THE PROPRIETOR/ INCL 7165721 (AOS) E.L.EACH ACCIDENTS 1,000,000 PARTNERSIEXECUrIVE ® INCL E.L.DISEASE-EA EMPLOYEE $ 1.000,000 OFFICERS ARE: ❑ EXCL E.L.DISEASE-POLICY LIMIT $ 1,000,000 OTHER A Excess Liability Products XLOCG-10540 5/31/2002 5/31/2005 $5,ODD,000/Per Om Completed Operations $5,000.000/Agg $5,000,000 SIR Per Project DESCRIPTION OF OPERATIONSILOCATtONSIVEHICLESIRESTRICTIONSISPECIAL RENIS KBHDme/CGastalerdne/ 2096 Re:Sudivlsion Improvement Agreement Tract 15858/15998(Village AlipazyLicense agreement Tract 15998(VAlage Alipaz) See attached additional insured endorsement �CENYIFICAIE,HOLOEA r' - % ,CANCELLATIONVmept':lDdays'nifmlbrnortpiymenky'.. . City Of San Juan Capistrano SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION OATS Aden:C Clerks OfficeTHEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE "' CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO 32400 Paseo Adelanto OBLIGATION OR LABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. San Juan Capistrano,CA 92675 AUTHORIZED REPRESENTATIVE ^, ACM x6 s(7/9rl ,QACQI3D;CORPooIO 0406x:. JUL-02-2003 11 18 RON 877 528 1656 26 P.03iO3 EXCEWABILITY PRODUCTS/COMPLETED OPERA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name of Person or Organization: Coastal/ImIne/1/2096 City of San Juan Capistrano Attn;City Clerks Office 32400 Paseo Adalanto San Juan Capistrano,CA 92675 Re: Sudivision Improvement Agreement Tract 15858/15998(Village Alipaz)/License agreement tract 15998 (Village Alipez) (N no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED(Section II)Is amended to include as an insured the person or organization shown In ft Schedule,but only with respect to liability arising out of"your work"for that Insured by or for you. Carrier. XL Insurance Limited Named Insured: KB Home Coastal,Inc. Policy No.: XLOCC-10540 Policy Term: 5/31/2002 to 5131/2005 CG 20 10 1185 Copyright,Insurance Services Office, Inc., 1984 TATRI P.A.7 JUL-02-2803 11: 17 HON 877 522 1656 26 P.01iO3 Aon Risk Services, Inc. Document Production Unit Aon Client Services- LA Facsimile Transmittal Number of pages: 3 (including cover sheet) Date: 7/Zl03 To: Dawn Schanderl Company: City of San Juan Capistrano Fax Number: 948-493-1053 From: Document Production Fax Number: 1-877-528-1656 Email: ACS_LOS_ANGELES@ARS.AON.COM RE: KB Home Coastal Inc. Attached is the requested renewal certificate of insurance for the above captioned client.The original will follow. ❑ cc: Michelle/KB Home Coastal 949-790.9119 ❑ cc: "Confidentiality Notice: The materials enclosed with this facsimile transmission are private and confidential and are the property of the sender. The information contained in the material is privileged and is intended only for the use of the individual(s)or entity(ies)named above. If you are not the intended recipient, be advised that any unauthorized disclosure, copying,distribution or taking of any action in reliance on the contents of this telecopied information is strictly prohibited. If you have received this facsimile transmission in error, please immediately notify us by telephone to arrange for return of the forwarded documents to us." Aon Risk Services,Inc. of Southern California Insurance Services 707 Wilshire Blvd.,Suite 6000 •Los Angeles,California 90017 • tel: (866)283-7123• fact:(877)528-1656 •License No. 0530733 see 32400 PASEO ADELANTO IIf01111Rt1 SAN JUAN CAPISTRANO, CA 92675 • [tBIDf1U I (B6I MEMBERS OF THE CIW COUNCIL (949) 493-1171 176 DIANE L SATHGATE (949) 493-1053 (FAX) JOHN S.GELFF tutu tv.sanjuancapistrano.org MATT HART O AVID M DAVID M.SWERDLIN CITY MANAGER GEORGE SCARBOROUGH June 2, 2003 KB Homes Coastal 3 Jenner, Suite 100 Irvine, California 92673 RE: Compliancewith Insurance Requirements-Subdivision Improvement Agreement- Tracts 15858/15998 The following insurance documents have expired: I General Liability Certificate 5/31/2003 V General Liability Endorsement naming the City of San Juan Capistrano as additional insured. Please submit updated documentation to the City of San Juan Capistrano, attention City Clerk's office, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 immediately. If you have any questions, please contact me at (949)443-6310. Sincerely, Daw�nderl Deputy City Clerk cc: William Huber, Director of Engineering & Building Sam Shoucair, Senior Engineer Administrative Assistant DRUG use 1s u San Juan Capistrano: Preserving the Past to Enhance the Future AON City of San Juan Capistrano ATTN: Dawn M. Schanderl 32400 Paseo Adelanto San Juan Capistrano, CA 92675 ID No.: Coastal 11104 Re: KB Home Business Auto Coverage#CA8261121/CA8261122 Worker's Compensation#WC7085183/WC7085184 May 1,2002—May 1,2003 To Whom It May Concern: The certificates of insurance for the captioned policies will expire at 12:01 am on May 1,2003. Our client has elected to extend their current Auto policy until May 31,2003. The Worker's Compensation policy has also been extended. Once the General Liability coverage is bound for the May 31,2003-May 31,2004 policy term,certificates will be issued for the Auto,Worker's Compensation and General Liability policies. Please keep this letter with the existing certificate of insurance until a proper renewal replacement can be issued. A brief portion of the certificate's description section has been included below(if available)for additional identification. Description- RE: ALL OPERATIONS OF THE NAMED INSURED Certificate ID No.: Coastal 11104 Should you have any questions or concerns, please don't hesitate to call me at 213 630-7241. Regards, V1 Bridgette Stewart z Client Specialist ccs s M D -sc 0 C')Cr m r � �rr; n Fz; Q z o Cr _Mn Risk Services,Inc.of Southern CA Insurance Services 707 Wilshire Blvd.,Suite 6000•Los Angeles,CA 90017•P.O.Box 17903 Los Angeles,CA 90017-0903 tel 213-630-3200•fax:877-528-1656•License No:0530733•w u aon.com e-mail:acs_los_mgeleles@ars.aon.com AON City of San Juan Capistrano & Capistrano Valley Water District 32400 Paseo Adelanto San Juan Capistrano, CA 92676 ID No.: Coastal 1 1105 Re: KB Home Business Auto Coverage 4CA826112I/CA8261122 Worker's Compensation 4WC7085183/ WC7085184 May 1,2002 May 1,2003 To Whom It May Concern: The certificates of insurance for the captioned policies will expire at 12:01am on May 1,2003. Our client has elected to extend their current Auto policy until May 31,2003. The Worker's Compensation policy has also been extended. Once the General Liability coverage is bound for the May 31,2003-May 31,2004 policy term,certificates will be issued for the Auto, Worker's Compensation and General Liability policies. Please keep this letter with the existing certificate of insurance until a proper renewal replacement can be issued. A brief portion of the certificate's description section has been included below(if available)for additional identification. Description- Ref: Alipaz,Tract# 15858 and 15998 Certificate holder is additional insured to the general liability as respects to all operations of the named insured. Certificate ID No.: Coastal 1 1 105 Should you have any questions or concerns,please don't hesitate to call me at 213 630-7241. Regards, D 'J Z Bridgette Stewart ;0C_ = m Client Specialist ccs y n nQ M � < NC, O Ann Risk Services,Inc.of Southern CA Insurance Services 707 Wilshire Blvd.,Suite 6000•Los Angeles,CA 90017•P.O.Box 17903 Los Angeles,CA 90017-0903 W.213-630-3200•fax877-528-1656•License No 0530733•www.aon.com, e-mail:acs_los_wgeleles wgeleles@ars.aon.com AoN RECEIVED W MAY -S p 1s 38 City of Attn; Ciitan Juan ty Clerks Oficerano SAN ,1UAN CAP�STRAN 32400 Paseo Adelanto 0 San Juan Capistrano, CA 92675 ID No.: Coastal/Irvine 12096 Re: KB Home Business Auto Coverage#CA8261121/CA8261122 Worker's Compensation#WC7085183/WC7085184 May 1,2002—May 1,2003 To Whom It May Concern: The certificates of insurance for the captioned policies will expire at 12:01am on May 1,2003. Our client has elected to extend their current Auto policy until May 31,2003. The Worker's Compensation policy has also been extended. Once the General Liability coverage is bound for the May 31,2003-May 31,2004 policy term,certificates will be issued for the Auto,Worker's Compensation and General Liability policies. Please keep this letter with the existing certificate of insurance until a proper renewal replacement can be issued. A brief portion of the certificate's description section has been included below(if available) for additional identification. Description- re: Sudivision Improvement Agreement Tract 15858/15998(Village Alipaz)/License agreement tract 15998(Village Atipaz) City of San Juan Capistrano is additional insured (except Workers Compensation) as respects to all operations of the Named Insured. Certificate ID No.: Coastal/Irvine 12096 Should you have any questions or concerns,please don't hesitate to call me at 213 630-7241. Regards, Bridgette Stewart Client Specialist Aon Risk Services,Inc.of Southern CA Insurance Services 707 Wilshire Blvd.,Suite 6000•Los Angeles,CA 90017•P.O.Box 17903 Los Angeles,CA 90017-0903 tel:213-630-3200•fax:877-528-1656•License No:0530733•www.aon.com e-mail:acs_los_angeteles@ars.aon.com a•:••l��- CERTIFAgATE OF INSURAN DATE(MM/DD/YY) 7/11/2003 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS Aon Risk Services, Inc.of Southern California UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER 707 Wilshire Boulevard,Ste.6000 THE COVERAGE AFFORDED BY THE POLICIES BELOW. Los Angeles,CA 90017 Tel No.(213)630 3200 INSURERS AFFORDING COVERAGE INSURED INSURER A: KB Home Coastal, Inc. INSURER B: National Union Fire Ins Co.of Pittsburgh,PA 3 Jenner,Ste. 100 Irvine,CA 92618 INSURER c: American Home Assurance Co. INSURER D: American Alternative Insurance Company INSURER E: ''rN 'TPY7Arf:X?.. THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS,AND CONDITIONS OF SUCH POLICIES. THE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DAM(MMOffY) DATE(MMDD)YY LIMITS G''EE'N� ERAL LIABILITY 6/30/2003 6/30/2004 EACH OCCURRENCE $ 1,000,000 COMMERCIAL GENERAL LIABILITY 'J I� FIRE DAMAGE(Any One Fire) $ LJ-1-MADE L`I OCCURRENCE Primary General Liability �]SIR$1.000,000 excluding MED EXP(Any One Person) $ Products/Completed PERSONAL 8 ADV INJURY $ Ll Operations Liability is GENERAL AGGREGATE $ being self-insured by GEN'L AGGREGATE LIMIT APPLIES PER: Named Insured PRODUCTS-COMPIOP AGO $ L- POLICY ❑PROJECT L ]LOC AUTOMOBILE LIABILITY CA8261399(AOS) 5/15/2003 5/31/2004 COMBINED SINGLE LIMIT 1,000,000 B Se ANY AUTD (Ea accident) $ 0AU-OMEDAUTOS CA 8261400(TX) 5/15/2003 5/31/2004 BODILY INJURY I ti SCHEDULED AUTOS (Per Person) $ L! HIREDAUTOS BODILY INJURY LI-� NON-OMEO AUTOS (Per accident) $ %11 u PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ❑ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ D EXCESS LIABILITY 01-A2-FR-0000033-00 6/30/2003 6/30/2004 EACH OCCURRENCE $ 3,000,000 1/-1 OCCUR D oLAIMGMADE AGGREGATE $ 3,000,000 Ll11 DEDUCTIBLE $ uUMBRELLA FORM $ $ WORKERS'COMPENSATION AND WC 7165720(CA) 5/15/2003 5/31/2004 1Y.' roar s ' LNER C EMPLOYERS'LIABILITY THE PROPRIETOR/ �', INCL WC 7165721 (AOS) E.L.EACH IDENT v 1,000,000 PARTNERS/EXECUTIVE E.L.DISEAS EMPI4XEE 1,000,000 OFFICERS ARE: EXCL E.L.DISEASt LICY 1,000,000 OTHER 6--C _ Dc; CIT m �r <m � vI DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESIRESTRICTIONSISPECIAL ITEMS ;P(BHome(Xwstal/®e/ 3437 D Re: attached az-Tract No.15858 and Endorsement. Z N See attached Additional Insured Endorsement. p ,GGITIFIEIM )IILgER . . CANOfiLLII BXcePii7pdeysB d rraay ': City Of San Juan Capistrano S, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE Capistrano Valley Water District - THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO 32400 PBSBO Adelent0 ., OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. San Juan Capistrano,CA 92675 ` AUTHORIZED REPRESENTATIVE 1 ACOW 2$S )M ,. : ; �ACOttp'CC! F�AI'�[11166¢ POLICY NUMBER: 01-A2-FR-0000033-00 COMMERCIAL GENERAL LIABILITY EXCESS LIRITY EXCLUDING PRODUCTS/COMPLETED&ATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Coastal/1 rvine/1/3437 Name of Person or Organization: City of San Juan Capistrano& Capistrano Valley Water District 32400 Paseo Adelanto San Juan Capistrano,CA 92675 Re: Alipaz-Tract No. 15858 and 15898 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section ll) is amended to include as an Insured the person or organization shown in the Schedule,but only with respect to liability arising out of"your work"for that insured by or for you. Carrier: American Alternative Insurance Company Named Insured: KB Home Coastal, Inc. Policy No.: 01-A2-FR-0000033-00 Policy Term: 6/30/2003 to 6/30/2004 CG 20 10 11 85 Copyright,Insurance Services Office,Inc.,1984 Renewal Certificate of Insurance Please process certificate immediately If the enclosed is no longer required,please return the original document to: Aon Risk Services, Inc, of Southern California PO Box 17903 Los Angeles, CA 90017-0903 Attn: CSBU—Document Production �••:..��•. CERTI ' ATE OF INSURAN DAT6/191200022 6/19/2 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS Aon Risk Services, Inc.of Southern California UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER 707 Wiltshire Blvd.,Suite 6000 THE COVERAGE AFFORDED BY THE POLICIES BELOW. Los Angeles,CA 90017 CSBU:Fax#(887)5281656 INSURERS AFFORDING COVERAGE INSURED INSURER A: Lexington Insurance Company KB Home Coastal,Inc. INSURER B: National Union Fire Ins Cc 3 Jenner,Ste. 100 Irvine,CA 92618 INSURER C: American Home Assurance Co. INSURER D: XL Insurance Limited INSURER E: LL44 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS,AND CONDITIONS OF SUCH POLICIES. THE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Go TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE BAMIDDrm DATE IMMAD/YY A GENERAL LIABILITY 132-0546 5/31/2002 5/31/2003 EACH OCCURRENCE $ 1,000,000 DV COMMERCIAL GENERAL UABILItt FIRE DAMAGE(Any One Fire) § 50,000 _ Q I�� AIMS MADE LOCCURRENCE ff'�� MED EXP(Any One Person) $ N/A LJ SIRI$50,0DD-Per Occurrence F] PERSONAL E ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGO $ Excluded E]POLICY `_ PROJECT LOC AUTOMOBILE LIABILITY CA8261121 (AOS) 5/1/2002 5/1/2003 COMBINED SINGLE LIMIT $ 1,000,000 B ✓.I ANY AurO (Ea amident) ❑ ALL OV.TIEDAUTOS CA 8261122(TX) 5/1/2002 5/1/2003 BODILY INJURY SCHEDIILEDAUTOS (Per parson) $ A/❑r� HIRED AUTOS BODILY INJURY $ ru NON MEDAUTOS (Per aocident) LJ PROPERTY DAMAGE $ (Per amident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR ❑ CLAIMSMADE AGGREGATE $ IU DEDUCTIBLE $ LJ UMBRELLA FORM $ $ WORKERS'COMPENSATION AND WC 7085183CA 5/1/2002 5/1/2003 © LA'c STATu orHER I ; C EMPLOVERS'LIABILRY ( ) TORY LIMITS -:. THE PROPRIETORIO INCL WC 7085184(AOS) E.L.EACH ACCIDENT $ 2,000.000 PARTNERSIEXECUTNE E.L.DISEASE-EA EMPLOYEE $ 2,000,000 OFFICERS ARE: ❑ EXCL E.L.DISEASE-POLICY LIMB 2,000,000 OTHER = D Excess Liability Products XLOCC-10540 5/31/2002 5/31/2005 $3,000,000/Per ooE_ Completed Operations $3,000,000/Agg. $5,000,000 SIR PerSrgect- of _ n DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESIRESTRICTIONS/SPECIAL ITEMS KBHo1Ret9;oaslaVI u6e/ 29M re:Sudivision Improvement Agreement Tract 15858/15998(Village AlipazYUcense agreement tract 15998(Village Alipaz) M City of San Juan Capistrano is additional insured (except Workers Compensation)as respects to all operations of the Named Insured. O City Of San Juan Capistrano SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE AHn�C7 THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE City Clerks Office .i: CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO 32400 Paseo Adelant0 OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATNES. San Juan Capistrano,CA 92675 AUTHORIZED REPRESENTATIVE .-v r POLICY NUMBER: 132-0546 COERCIAL GENERAL LIABILITY . THIS ENDORSEMERCHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name of Person or Organization: Coastal/Irvine/1/2096 City of San Juan Capistrano Attn;City Clerks Office 32400 Paseo Adelanto San Juan Capistrano,CA 92675 Re: Sudivision Improvement Agreement Tract 15858/15998(Village Alipaz)/License agreement tract 15998 (Village Alipaz) (If no entry appears above, Information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED(Section II)is amended to Include as an insured the person or organization shown in the Schedule,but only with respect to liability arising out of"your work"for that Insured by or for you. Carrier: Lexington Insurance Company Named Insured: KB Home Coastal,Inc. Policy No.: 132-0546 Policy Term: 5/31/2002 to 5/31/2003 CG 20 10 11 85 Copyright,Insurance Services Office,Inc., 1984 -J1N.20.2002 • 2:54PM PON NO.019 —P 3/3'03 .+►4s}�i�t GERTIFI ' I t Ur INbUKANGt 6/19/2002 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF 1111PNIATION ONLY AND CONFERS NO RIGHTS AOn Rials Seryl",InC,Of SONRem CFII10mle UPON THE CERTIFICATE HOLDER, THIS CERTIFICM DOES NOT AMEND,EMEND OR ALTER 707 Wp shire Bbd.,Suite BODD THE COVERAGE AFFORDED BY THE POLICIES BELOW. La AnBetse.CA 80017 CSBU:Fax 0(887)see 1015E INSURERS AFFORDING COVERAG! IN6URED INSURERA: Leftlon IMurena COmWW r KS Home CoESW,Ina WKIRIA c NedOMI Union FIN Ina CO 3 Jenner,Sts.100 IMM.CA 92818 INSURER C: American Home Assurance Co. r INIPJW O: XL neMNena LM#tsd ► 1. ► -7— m6URERE: ( I S r THE POLICIES OF NBU RANGE LISTED BELOW HAVE SEEN ISSUEDTo THE,I NSUREO HAMED ABOVE FOR TRE POLICY FWR aMOICIL -N07WRHBTA" INS MMO CA MAY PERTAIN. THE ANY DURANCE AFFOTERM OR RDED tY THE POLICES DESCRIBED HEREIN IS TO ALL OF ANY CONTRWT ON OTHER DOCUMENT WITH TTHE ,To V441CH,EXCLUSIONS,AND RTIFICATE YCONDITIONS OF SUCH POLICES. T14E LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. eO TYPE OF INSURANCE POLICYNWABER POIGY1rMTne PplerpllwATpN UNITS MTA :art 0046M OAR A DENERIILLOWTV t920S16 513112002 5/3112003 EACMOCCURAIRICE a 1.000.000 V COWNMKIftem"AurAm FwEraMsmwWom Ental 6 60,000 Q Qe1AW bw&Ioccwvwasa Mto Ex►IMM Om pa"o 6 WA 31NN .N&P..om,nsncA PERaomI.aAlDlraulalr a T,000.aa ❑ WNERAI.A90RE011TE a 1.000,000 PRODIICI6-COMPOOPAW It ENHWed CrtAaalEeARLanArPLRs mn 'i ❑reuer ❑PFOIMeT ❑lee AUTI IONALMIILITY CAM 121(AOS) 511/2002 511!20113 eco ESIeLE UNIT s 1.000,000 B �/]ANr Aum [] Au,C IoAums CA M[61122(TX) SM12004 5!1/2003 BODLY PLAINT S ["] aCMaeLLRAVIea (PW pMaln) �j MmvcY eODRYWAMY a KeNdAWDAn1W (PK a0rld11a) ❑ PROPERTYMMAOE S gxrarddr,rl) WRA116 LIABILmYAUTO ONLY-EM A ACCIDr a ❑.Kr.uro OTNLM1rMN 11AACC 5 AUTO ONLY. AGG 3 NICIMMUMMY EACHaocLuipce s Cl oeeuA ❑ CIAwa NAr ACU60Att a ❑MIapIPaY a a ❑wi.M,.reAN i ONORIVCOMPenaAnONAND WC 70B51B3(CA) 5MI2002 5M/2003 A �'� C V EMPLOYERS'LIAFMnYE L 6AON ACCIDENT 15 2,W0,000 THE PROPRErON INCL WC 7085166(AOS) PARINERMIDIECUTNE EL 1101WASE-RAeMPLa 3 2.01)0NI0 OMCIMAIE: ❑ ExCL E.LDISaAEE-F=.LWR a 2.0MAW OTNER D EHclt LWft Products XLOCC-10510 5/31/2002 591/2005 i0.O0D.000IPar OAA:. CorOPleled OpeAYone XWAM 66000. $110 Per Pmol DEBCRIPRON OF OPERA7RTNBM1OEIIT VJEIRCLELWMTWLIUWECML ITEIAE KBlbn e I CrMMMNr l 20116 m:3udM@Inn(mpmwmMAalrmsAl Tma 1ES6S/1am MINA ARPUYLklnb SOMWmnrealx imm~Ailpu) CNF el San Juan Capwft w b addlddW moundwow (aarpl Wdrls CalMgenwdop)r mapaCb b as 0palaNerMo/M Named IIIMead. Y Cly of hR Jusa Copl~6 :1 SHO"ANY v"Is ANOYE MKM M POLICIES ES CANCOAlO WMU THE EWWIWTNr Wtt AItM Gly CNAu O7llee THOWOF,THE WUINO COMPANY WILL EN06AVOR TO MAI X30 DA"VIRIREN NOME TO THE 3240 Plseee AdebufO ;DRIGACERMrO OR LWILITY OF NOLOEIINAMED ANY KWD UPONTTHHe FAILURE�M�OR R6MaMRATNES, � Sen Juan CaplefrrMq CA 82675 AUTHORIZED REPMW.NTAITA � I JUN_20_2002 • 2�54PM AON --- NO.019 P.2/50Z �rvuv., ,vvmocn: ,ocvaw LUMMtMLaAL Uk:NtMAL LIANILITY THIS ENDORSEMMOMANGES THE POLICY. PLEASE REAOCARULILLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies Insurance pTohded Under Ste following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name of Person or Organization: COMISINOW12098 City of San Juan Capistrano ABn;City Clerks Office 32400 Paseo Adelento San Juan Capistrano,CA 92875 Re: Sudh4siaf ImprovameM ApreantentTrect 15B�Bf15098 M9ape AlipazyLkenp apmemsnt tract 1s0e8 (Villope Aspaz) If nomiryR IMormadon Mired to krls this donsnMrtt will be shown In the n Dsslallsn ons as applicable to this dorpmsnt) 'I camp en WHO Is AN IN11unn(Baellon a)Is amended to teclede as an MauM Ila Parson ororganlraeon sham In Me ttahedule,but&*wah rsapsc-to fMlky w*M out of your work-for Nat k*uted by or for you, Center: Lab,pton Im mn CotmanY Named Meulad: Ka home Coeelel,Inc Polley No.: 1324US Peacy Term: 5131/2002 to 513/!2003 CO 20 10 11 88 Copydpht,Inueeance Seniloee Oaks,Inc.,19% TOTPL P.03 JUN.20.2002 2:54PM N0.019 P.1i3 1C BM FACSIMILE TRANSMITTAL TO: KATHY DUCOING FAX 949.4934251 SAN JUAN CAPISTRANO TO: FAX: FROM: MICHELLE KACAVAS DATE: JUNE 20,2002 RE: Insurance N°-PAGES INCLUDING COVER: 3 ❑URGENT X FOR REVIEW 0 PER YOUR REQUEST 0 PLEASE COMMENT X PLEASE REPLY NOTES/COMMENTS: Kahn. Per our telcon this morning,following is the remaining insurance document you require. If you have any further questions or concerns,please do not hesitate to call me at 949-789-1986. Michelle Kacavas Forward Planning Coordinator KRHOME COASTAL, INC 3 JENNER . SUITE 100 . IRVINE . CALIFORNIA . 92619.3902 PHONE: (949)'790.9100 . FAX: (949) 790-9119 P:\0\122\PLAN\VCMXK\MICSi9LLR\FAXES & TRANSMITTALS\PAX.DOC LAST PAINTED 04/30/02 3,49 PM 32400 PASEO ADa LANTO 9 MEMBERS OF THE CIT'COUNCIL SAN JUAN CAPISTRANO,CA 92675 �R®R DIANE L.611NGATE JOAN S.GELFF (949) 493-1171 aunmB 1961 JOHN GREINER (949)493-1053 (FAX) 176 MATT HART www.sanjuancapistrano.org DAVID M. SWERDLIN Cltt MANAGER GEORGE SCARBOROUGH April 25, 2001 KB Homes 100 Bayview Circle, Suite 100 Newport Beach, California 92660 RE: Compliance with Insurance Requirements - Subdivision Improvement Agreement TTM 15858 The following insurance documents are due to expire: V General Liability Certificate expires 5/1/01 General Liability Endorsement CG 20 10 1185 naming the City of San Juan Capistrano as additional insured. Automobile Liability Certificate expires 5/1/01 V Workers Compensation Certificate expires 5/1/01 Please submit updated documentation to the City of San Juan Capistrano, attention City Clerk's office, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 by the above expiration dates. If you have any questions, please contact me at (949) 443-6310. Sincerely, Dawn M. Schanderl Deputy City Clerk CC: City Clerk am Shoucair DRUG USE 1s San Juan Capistrano: Preserving the Past to Enhance the Future ACORD i4� 1 YV /i� 1L DADD YV) 85/2112002112001 PRdDUCER 213-630-3200 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION Aon Risk Services,Inc.of Southern Calif° ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance Services "��EIVED HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 707 Wilshire Boulevard ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 6000 Mit Oo PM 13 2 101 COMPANIES AFFORDING COVERAGE Los Angeles CA 90017 COMPANY CiT'f - CONTINENTAL CASUALTY CO INSURED 10 Home ��IC`I Ct yj COMPANY WINTERTHUR INTL AMERICA INS CO 10990 Wilshire Blvd.,8th F7. JUAPi ,^,A P i`;T,�,1 N,^i Los Angeles CA 90024 COMPANY C AMERICAN CASUALTY CO OF READING COMPANY7777 T 1599 D CRVRAG�S THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE IMM/DDNY) DATE(MMMDM) B GENERAL LIABILITY KE0100900 05/01/2001 05/01/2002 GENERAL AGGREGATE $ 5,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $ 5,000,000 CLAIMS MADEX❑OCCUR PERSONAL N ADV INJURY $ 5,000,000 X OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 5,000,000 X SIR/$IMil-Gen.Liab Only FIRE DAMAGE(Any one fire) $ NO Coverage X SIR/$3Mil-Per Pmd-Comp MED EXP(Any one person) 5 No Coverage A AUTOMOBILEU&BILITY - BUA247837647-AOS 05/01/2001 05/01/2002 X ANY AUTO COMBINED SINGLE LIMIT S 1,000,000 ALL OWNED AUTOS BODILY INJURY S SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY S NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE S GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE 8 OTHER THAN UMBRELLA FORM I S WC C WORKERS COMPENSATION AND WC247837616 05/01/2001 05/01/2002 X TRYRV LI QU- 0TH- —" UMIIT p EMPLOYERS'LIABILITY EL EACH ACCIDENT $ 2,000,000 THE PROPRIETOR/ INCL EL DISEASE-POLICY LIMIT $ 2,000,000 PARTNERS/EXECUTIVE OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE B 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS Certificate holder is additional insured(except workers'compensation)as respects to all operations of KB Home Coastal Inc.in compliance with insurance requirements- subdivision improvement agreement TTM 15858. -*See Attached Endorsements* CI;R7i1=[CA1'E'1I13E.bER CJ#NCELL.A710F} SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of San Juan Capistrano EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Attn:Dawn M. Schanderl 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, EXCEPT 10 DAYS NOTICE FOR NON-PAYMENT. 32400 Paseo Adelanto BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY San Juan Capistrano, CA 92675 OF ANY KIND UPON THE OMPANYdeQyW S REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACO06 90 S,011 �AOQR17 CORPDRAIJON 498$' dDds#3348628 POLICY NUMBER: KE0100900 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: City of San Juan Capistrano Atm: Dawn M. Schanderl 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Ref: All Operations of the named insured (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to included as an insured the person or organization shown in the Schedule,but only with respect to liability arising out of"your work" for that insured by or for you. CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 ACORDATE(MMIDDNYI —Dr. 05/21/2NI PRODUCER 213-630-3200 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Aon Risk Services, Inc.of Southern Calif ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance Services INEIVED HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR h7 WiAire Boulevard ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 6000 HAY 23 2 oo pH go/ MM.. O .EES AFFORDING COVERAGE A Los Angeles CA 90017 COMPANY cl-' ,! CONTINENTAL CASUALTY CO r INSURED KB Home -fL,L N I, i COMPANY 10990 Wilshire Blvd.,8th Fl, ju IS WINTERTE[UR INTL AMERICA INS CO Los Angeles CA 90024 COMPANY C AMERICAN CASUALTY CO OF READING COMPANY D . .............. ............ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM. IDDNY) DATE(MMIDDNY) B GENERAL LIABILITY KFO100900 05/01/2001 05/01/2002 GENERAL AGGREGATE 11 5,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGO $ 5,000,000 CLAIMS MADE OCCUR PERSONAL&ADV INJURY a 5,000,000 X OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 5,000,000 X SIR/$][Mil-Gen.Liab Only FIRE DAMAGE(Any on.fin.I $ No Coverage X SIR431V[il-Per Prod-Cam p IVIED EXP(Any one person) $ No Coverage A AUTOMOBILE LIABILITY BUA247837647-AOS 05/01/2001 05/01/2002 X ANY AUTO COMBINED SINGLE LIMIT a 1,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Par person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE GARAGE LIABILITY AUTO ONLY-I ACCIDENT a ANY AUTO OTHER THAN AUTO ONLY EACH ACCIDENT S H AGGREGATE a E%CESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE it OTHER THAN UMBRELLA FORM C WORKERS COMPENSATION AND WC247837616 05/01/2001 05/01/2002 X I TNC STATU TH DRY LIM TS I IOER EMPLOYERS'LIABILITY EL EACH ACCIDENT S 2,000,000 THE PROPRIETOR/ X INCL EL DISEASE POLICY LIMIT 2,000,000 PARTNERS/EXECUTIVE OFFICERS ARE: Pq EXCIL EL DISEASE EA EMPLOYEE 4 2,000,000 DESCRIPTION OF OPEMTIONSMOCATIONSNEHICLES/SPECIAL ITEMS Certificate holder is additional Insured(except workers'compensation)as respects to all operations of KB Home Coastal Inc.in compliance with insurance requirements- subdivision improvement agreement TTM 15858. **See Attached Endorsement** CAN ....... ........... ........ . .............. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of San Juan Capistrano EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Attn:Davymt M. Schanderl 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, EJECEPT 10 DAYS NOTICE FOR NON-PAYMENT. 32400 Pasco Adelanto BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY San Juan Capistrano, CA 9267$ OF ANY KIND UPON THEAWaOMPAN S REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ................ ............ . ..... .... ..... ...... ....... .............. ...... 006 6,111,19 ale ..................... ......... Ods#3348629 POLICY NUMBER: KE0100900 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: City of San Juan Capistrano Attn: Dawn M. Schanderl 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Ref: All Operations of the named insured (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to included as an insured the person or organization shown in the Schedule,but only with respect to liability arising out of"your work" for that insured by or for you. CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 dwa, �,(� 32400 NCA ATRANO,O i� MEMBERS OF THE CITY COUNCIL SAN JUAN CAPI$TRANO, CA 92675 jy namwfl JOHNDIANE L.S.GEURF (949) 493-1171 ❑1Mmm 1961 JOHN GREINER (949)493-1053 (FAX) 1776 MAT HART www.sanjuancapistrano.org • • DAME) M. SWERDUN CIN MANAGER GEORGE SCARBOROUGH April 25, 2001 KB Homes 100 Bayview Circle, Suite 100 Newport Beach, California 92660 RE: Compliance with Insurance Requirements - Subdivision Improvement Agreement TTM 15858 The following insurance documents are due to expire: General Liability Certificate expires 5/1/01 General Liability Endorsement CG 20 10 11 85 naming the City of San Juan Capistrano as additional insured. Automobile Liability Certificate expires 5/1/01 Y Workers Compensation Certificate expires 5/1/01 Please submit updated documentation to the City of San Juan Capistrano, attention City Clerk's office, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 by the above expiration dates. If you have any questions, please contact me at (949) 443-6310. Dawn M. Schanderl Deputy City Clerk cc: City Clerk am Shoucair NUO USE 1s San Juan Capistrano: Preserving the Past to Enhance the Future 32400 PASEO ADELANTO O MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO, CA 92675 / muvunn DIANE L.BAT TE JOHNS GELIFF (949) 493-1171 lflllllMfl I 1961 JOHN GREINER (949) 493-1053 (FAX) In6 MATT HART www.sanjuancapistrano.org •� • DAVID M. SWEROUN CITY MANAGER GEORGE SCARBOROUGH May 8, 2001 KB HOME Coastal, Inc. 3 Jenner, Suite 100 Irvine, California 92618-3802 Re: Subdivision Improvement Agreement Gentlemen: At their meeting of May 1, 2001, the City Council of the City of San Juan Capistrano took action to approve Final Tract Map 15998 based on its conformance with the Subdivision Map Act and the approved Tentative Tract Map conditions. The City Council also approved the Subdivision Improvement Agreement and accepted the corresponding sureties. A copy of Subdivision Improvement Agreement is enclosed for your files. The document has been forward tithe Orange County Record's Office. Thank you for your assistance. Please feel free to contact Sam Shoucair if you have any questions. Very truly yours, arg ret R. Monahan ity Jerk Enc osure cc: Engineering and Building Director (with enclosure) Sam Shoucair (with enclosure) Pardue, Cornwell & Associates, Inc. (with enclosure) DRUG USE IS San Juan Capistrano: Preserving the Past to Enhance the Future 32400 PASEO ADELANTOMEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO, CA 92675 JIn_rpl DUL AT NE BATHGE LF 111,KKKr�l�l�l� IIIIJJJp JOHNS.GEF (949) 493-1171 Bumue 1961 JOHN GREINER (949) 493-1053 (FAX) 1776 w ATT HART www.sanjuancapistrano.org • • DAND M. SWERDLIN CIN MANAGERGEORGE SCARBOROUGH May 8, 2001 Clerk-Recorder's Office County of Orange P.O. Box 238 Santa Ana, California 92701 Re: Subdivision Improvement Agreement The following document is enclosed for recordation: Subdivision Improvement Agreement, Tentative Tract Map 15998 (KB HOME Coastal Inc.) When placed of record, please return said document to this office. A duplicate copy of this letter is enclosed. Please stamp Document Number and date of recording on the letter and return it to this office in the enclosed, stamped, self-addressed envelope at your earliest convenience. Thank you for your assistance. Very truly yours M ga t R. Monahan Ci CI k DRUG USE IS San Juan Capistrano: Preserving the Past to End hance the Future RESOLUTION NO. 01-5-1-2. INSTALLATION OF EASTBOUND AND WESTBOUND STOP SIGNS AT JUNIPERO SERRA ROAD AND 1-5 SOUTHBOUND RAMPS —A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING EASTBOUND AND WESTBOUND STOP SIGNS ON JUNIPERO SERRA ROAD AT THE 1-5 SOUTHBOUND RAMPS 8. DENIAL OF CLAIM (DAVID SALAZAR) (170.70) As set forth in the Report dated May 1, 2001 from the City Attorney, the recommendation to accept the City insurance adjuster's recommendation to deny the claim of David Salazar was approved as recommended. 9. APPROVE THE FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 15998 (KB HOME COASTAL. INC./ALIPAZ — PHASE 2) (420.40/600.30) As set forth in the Report dated May 1, 2001 from the City Manager, the recommendation requesting approval of the Final Map for Tract 15998 as it conforms to the requirements set forth in the Subdivision Map Act and the approved Tentative Tract Map conditions; authorization for the City Engineer and the City Clerk to execute the Final Map; authorization for the Mayor and City Clerk to execute the Subdivision Improvement Agreement and accept corresponding securities, and for the City Clerk to forward the Map and Subdivision Agreement to the County Recorder was approved. PUBLIC HEARINGS 1. DENY THE APPEAL OF THE PLANNING COMMISSION'S MARCH 13, 2001 ACTION APPROVING CONDITIONAL USE PERMIT 00-05, AN UNMANNED WIRELESS ANTENNAE FACILITY FOR PROPERTY LOCATED AT 31301 AGUACATE ROAD (PACIFIC BELL WIRELESS) (600.30/460.70) Proposal: Consider Appeal of the Planning Commission's March 13, 2001 action approving Conditional Use Permit 00-05, an unmanned wireless antennae facility. Applicant: Duan Dao, O'Neal Communications Appellant: Louis Burke, 31351 Aguacate Road Written Communications: (1) Staff report dated May 1, 2001 recommending denial of the appeal request and approve resolution confirming Conditional Use Permit 00-05, as approved by the Planning Commission. CC Minutes -4- 05/01/01 if 0 32400 PASEO ADELANTO � � � MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 / (949)493-1171 DIANE ATIHG (949)493.1053 FAX ' m[aR1aRAlU DIANE HART altRnllew � 1961 WYA77 HART www.sanjuancapistrano.org 1776 JOE SOTO e DAVID M.SWERDLIN April 25, 2005 Clerk-Recorder's Office County of Orange P.O. Box 238 Santa Ana, California 92701 Re: Notice of Completion — KB Homes SENT VIA CERTIFIED MAIL The noted document is enclosed for recording: When placed of record, please return the recorded document to this office. A duplicate copy of this letter is enclosed. Please stamp Document Number and date of recording on the duplicate letter and return it to this office in the enclosed, stamped, self-addressed envelope at your earliest convenience. Thank you for your assistance. IreVery truly yours n Marg ret R. Monahan City Jerk Shoucair, Senior Engineer N Mail Only,No Insurance Coverage Provided) Nasser Abbaszadeh, Engineering & Building 1CERTIFIED MAIL., RECEIPT0 F A L ru Er P $ c 3 ru Cergged Fee D M I F°Hererk O Realm Reclept Fee Here (ErMoreemeat Requ4etl) pRestricted d Required)Fee I a IT-I Total Postage&Fees San Juan Capistrano: Preserving the PI or '- N0 --••---•-------------- }. py,Sbb,9FW - `)PI.M.e.n recycWd paper 4/19/2005 D4 AGENDA REPORT TO: Dave Adams, City Manager FROM: Nasser Abbaszadeh, Engineering & Building Director SUBJECT: Consideration of Notice of Completion, Acceptance of Improvements and Release of Surety for Tracts 15858 and 15998 Village Alipaz (KB HOME Coastal, Inc., Alipaz - Phases 1 and 2) RECOMMENDATION By motion, 1. Adopt the Resolution accepting the public storm drain, sewer and water improvement systems as well as private street improvements, street monumentation, and landscape and irrigation within Tracts 15858 and 15998 and authorizing the release of the corresponding bonds 35 days after recording; and, 2. Direct the City Clerk to process recording of the Notice of Completion with the Orange County Recorder. SITUATION A. Summary and Recommendation KB HOME has requested the City to release the street, street monumentation, storm drain, sewer, water and landscape. & irrigation bonds held by the City. These improvements have been inspected and satisfactorily completed. Staff recommends the release of the corresponding bonds. B. Background KB HOME Coastal, Inc., developer of 50 residential homes on 8.51 acres of land subdivision in Tract 15858, and 104 residential homes on 14.7 acres of land subdivision in Tract 15998, respectively, has completed the improvements as required by the Conditions of Approval and the Subdivision Improvement Agreements. The final maps, along with said Subdivision Improvement Agreement, were approved by the City on July 5, 2000 and May 1, 2001 respectively. With the completion of the improvements as noted in the summary above, the bond release is recommended as follows: Agenda Report April 19, 2005 Page 2 TRACT 15858 MAP 4, Bond #929158386 Water $206,000 94 h so P 7 Bond #929158388 Public Streets $87,000 ........... q7-7jj,.7p;77 m :l," ,�,.?,!��.,.g,; !l�,*,40 .1 Bond # 929158390 Storm drain $90,000 Bond #929158392 Monumentation $15,000 TRACT 15998 ;0R; IGIN AL T"Y ' AMOUNT , Ulle, OVF. IQ, �l N T EASED ImpR RELEASED Bond #25-15-13 Water $225,456 . . ....... ...... Bra.......... X534 Landscape'& frrig : $ 56;©00 Bond #25-15-10 Private Streets $405,000 ..... ...... Bond #25-15-12 Sewer $155,200 $466,00 COMMISSION/BOARD REVIEW, RECOMMENDATIONS None FINANCIAL CONSIDERATIONS None Agenda Report April 19, 2005 Page 3 NOTIFICATION The following parties received notifications of this Council agenda report. KB HOME Coastal, Inc. Village Alipaz HOA *Agenda Report included. RECOMMENDATION By motion, 1. Adopt the Resolution accepting the public storm drain, sewer and water improvement systems as well as private street improvements, street monumentation, and landscape and irrigation within Tracts 15858 and 15998 and authorizing the release of the corresponding bonds 35 days after recording; and, 2. Direct the City Clerk to process recording of the Notice of Completion with the Orange County Recorder. Respectfully submitted, Prepared By: Nasser Abbaszadeh, P.E. Savh Sair Engineering & Building Director Senior ,ngineer, Project Manager NAISS jcr Attachments: 1. Resolution 2. Notice of Completion 3. Location Map RESOLUTION NO. 05-04-19- 01 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 IMPROVEMENTS WORK WITHIN TRACTS 15858 AND 15998, VILLAGE ALIPAZ (KB HOME COASTAL, INC.). WHEREAS, on July 5, 2000 and May 1, 2001, the City of San Juan Capistrano entered into two separate Subdivision Improvement Agreements with KB HOME Coastal, Inc.(Developer) providing for the construction of certain public and private improvements within Tracts 15858 and 15998 respectively; and, WHEREAS, Developer has requested that the City determines that the street, street signal, storm drain, sewer, landscape and irrigation improvement work, as well as the Street monumentations within Tracts 15858 and 15998 are complete and the corresponding sureties be released accordingly. These sureties release are as follows: TRACT 15858 SURETY COVERAGE TYPE OF 11 1 1ORIGINAL AMOUNT (American Casualty Company of IMPROVEMENT TO BE RELEASED Reading, Pennsylvania.) Bond #929158386 Water $206,000 Bond #929158387 Landscape & Irrig. $240,000 Bond #929158388 Public Streets $87,000 Bond # 929158389 Private Sheets jf;; $371,000 Bond # 929158390 Storm drain $90,000 Bond # 929158391 Sewer $123,000 Bond #929158392 Monumentation $15,000 1 04-19-2005 TRACT 15998 SURETY COVERAGE TYPE`OF ORIGINAL AMOUNT (American Homelnsurance`Co.) IMP 'OVEMENT, TO BE RELEASED Bond #25-15-13 Water $225,456 Bond #25-84-34 Landscape& Irrig. $256,000 Bond #25-15-10 Private Streets $405,000 Bond #25-15 11 r � a ; ;- . Stoin $264;000 Bond #25-15-12 Sewer $155,200 Bond #25-84-33 Traffic Signal $150,000 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Juan Capistrano as follows: SECTION 1. That the works of improvement and monumentation required to be performed by said developer have been completed. SECTION 2. That the completed work is approved. SECTION 3. That the surety described in charts above may be fully released 35 days after recording of a Notice of Completion. SECTION 4. That the City Clerk is directed to forthwith forward a "Notice of Completion" to the County Recorder of the County of Orange for recording. PASSED, APPROVED, AND ADOPTED this 19th day of April, 2005. b WYAT7 HART, MAYOR ATTEST: MAVGARYrR. MONAH N, CITY 6LERKJ 2 04-19-2005 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 05-04-19-01 was duly adopted by the City Council of the City of San Juan Capistrano at a regular meeting thereof, held the 1 gth day of April 2005, by the following vote: AYES: COUNCIL MEMBERS: Allevato, Bathgate, Soto, Swerdlin & Mayor Hart NOES COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: G !�L MARGAFKET R. MO AN, Cify Cle k RECORDED AT THE REQUEST OF AND RETURN TO: City of San Juan Capistrano City Clerk's Office 32400 Paseo Adelanto San Juan Capistrano, CA 92675 RECORDING FEES EXEMPT DUE TO GOVERNMENT CODE SECTION 6103 Margaret R. Monahan, City Clerk San Juan Capistrano, CA NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the Subdivision Improvement Agreements between the City of San Juan Capistrano, California, and KB HOME Coastal, Inc., whose mailing address is 3 Jenner, Suite 100, Irvine, CA 92618, developer of Tracts 15858 and 15998 requires the developer to complete the following, to wit: CONSTRUCTION OF IMPROVEMENTS IN CONJUNCTION WITH THE DEVELOPMENT OF TRACTS 15858 and 15998, IN THE CITY OF SAN JUAN CAPISTRANO. That work was completed by said developer on November 13, 2004, 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 at 32400 Paseo Adelanto, San Juan Capistrano, California 92675 as public utility owner, at a regular meeting thereof held on the 19th day of April, 2005, by Resolution No. That upon said agreement, American Home Insurance Company was the surety for the bonds given by said Company as required by law. Dated at San Juan Capistrano, California, this 19th day of April, 2005. Margaret R. Monahan, City Clerk City of San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss; CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, 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 the foregoing Notice of Completion is true and correct, and that said 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 this 19th day of April, 2005. Margaret R. Monahan, City Clerk City of San Juan Capistrano ATTACHMENT LU w A � Tdlr ' U FS 4 < .,.4�� f ii V�re�l f,4`�.k{f .• i $'. � Q x a cm yY Y �'� � w `•`.�. t I Mfg IL M . +.r BOB � o I �•'43 f/ "f�'� Ak F+kS.�'�' R�+ Ex" jU, a3 . . f A • �� . y~0�� .f 32400 PASEO AOELANTO MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 SAM ALLEVATO (949)4931171 IA[AARARAIIO DIANE BATHGATE (949)4931053 FAX Ennnux¢A 1961 VVYATT RT www.sanjuancapistrano.org p]5 OOTO • • DAVID M.SWERDLIN April 20, 2005 NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO On April 19, 2005 the City Council of San Juan Capistrano met regarding: "Consideration of Notice Of Completion, Acceptance of Improvements and Release of Surety for Tracts 15858 and 15998 Village Alipaz (KB HOME Coastal, Inc., Alipaz - Phases 1 and 2)" Item No. D4. The following action was taken at the meeting: Resolution No. 05-04-19-01 adopted accepting the public storm drain, sewer and water improvement systems and private street improvements, street monumentation, and landscape and irrigation within tracts 15858 and 15998; City Clerk directed to process recording of the notice of completion; and corresponding bonds authorized for release 35 days after recording. If you have any questions regarding this action, please contact Sam Shoucair, Senior Engineer at 443-6355 for more detailed information. Thank you, MitzitOrt Deputy City Clerk Enclosed: Resolution No. 05-04-19-01 Cc: KB HOME Coastal, Inc.*; Village Alipaz HOA; Nasser Abbaszadeh, Engineer & Building Director; Sam Shoucair, Senior Engineer San Juan Capistrano: Preserving the Past to Enhance the Future �)pooled on recycled paper 32400 PASEO ADELANTO �� MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 i% SAM ALLEVATO (949)493-1171 fps 7T" m[OXvoe Rlm DIANE ATHGATE (949)493-1053 FAX ISiXXIISXfX I 1961 WYATT HART www.sunjuancapistrano.org 1776 JOE SOTO DAVID M.SWERDLIN NOTIFICATION OF MEET OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 7:00 p.m. on April 19, 2005 in the City Council Chamber in City Hall, to consider: "Consideration of Notice Of Completion, Acceptance of Improvements and Release of Surety for Tracts 15858 and 15998 Village Alipaz (KB HOME Coastal, Inc., Alipaz - Phases 1 and 2)" — Item No. D4 If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at City Hall by 5:00 p.m. on Monday, April 18, 2005 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a blue 'Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Sam Shoucair, Senior Engineer. You may contact that staff member at (949) 443-6355 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancaaistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: council-aoendasCcDsanivancaoistrano.ora. Meg Monahan, CMC City Clerk cc: KB HOME Coastal, Inc.'; Village Alipaz HOA; Nasser Abbaszadeh, Engineer & Building Director; Sam Shoucair, Senior Engineer " Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future ('j Panted on recycled paper AGENDA ITEM May 1, 2001 TO: George Scarborough, City Manager FROM: William M. Huber, Director of Engineering & Building SUBJECT: Consideration of Approval of Final Map and Subdivision Improvement Agreement for Tract 15998, (KB HOME Coastal, Inc., Alipaz - Phase 2) RECOMMENDATION By Motion: 1. Approve the Final Map for Tract No. 15998 as it conforms to the requirements set forth in the Subdivision Map Act and the approved Tentative Tract Map conditions. 2. Authorize the City Engineer and the City Clerk to execute the Final Map. 3. Authorize the Mayor and City Clerk to execute the Subdivision Improvement Agreement and accept the corresponding securities. 4. Direct the City Clerk to forward the Map and Subdivision Agreement to the County Recorder. SITUATION A. Summary and Recommendation KB HOME Coastal, Inc.(Previously known as Kaufman & Broad), the current developer of 104 proposed residential homes, within a gated community, on 14.7 acres of land subdivision in Tract 15998, also known as Alipaz, has submitted the Final Map for City Council consideration and approval. The grading and improvement plans, as well as the map, have been reviewed by the Engineering Division and were found to be in substantial conformance with the Tentative Tract Map and the Subdivision Map Act. All appropriate bonds and fees have been submitted and paid to the City and the developer has signed the City's Subdivision Improvement Agreement (Attachment 1). All applicable conditions of approval required by Resolution 00-4-18-2 (Attachment 2) for Tentative Tract Map 15998 have been met. /�� (� FOR CITY COUNCIL AGEN..... `-i AGENDA ITEM -2- May 1, 2001 B. Background On April 4, 2000, the City Council adopted Resolution No. 00-4-18-2 conditionally approving Vesting Tentative Tract Map 15998, consisting of 104 residential lots on 14.7 acres of land subdivision. This subdivision is the second of two phases of a 22- acre site. The map and all project related improvement plans for Tract 15998, have been reviewed and approved by the City Engineer. The City Planning Director has approved the covenants, conditions and restrictions(CC&R's). The final items listed below have been reviewed and found to be in substantial compliance with the requirements of the Final Tract Map: 1. Applicable Subdivision fees 2. Subdivision Improvement Agreement executed in duplicate 3. Faithful Performance and Labor and Material bonds for: a. Traffic Signal and Traffic related Street Improvement b. Private Street Improvement c. Storm Drain Improvement d. Sewer Improvements e. Landscape and Irrigation Improvements f. Survey Monumentation (performance bond) g. Water Improvement COMMISSION/BOARD REVIEW, RECOMMENDATIONS The project has been previously reviewed and approved by the Environmental Review Board, Transportation Commission and the Planning Commission. FINANCIAL CONSIDERATIONS All applicable fees have been paid and the required sureties posted with the City. NOTIFICATION KB HOME Coastal, Inc. Pardue, Cornwell & Associates, Inc. ALTERNATE ACTIONS a. Authorize the following motion: 1. Approve the Final Map for Tract No. 15998 as it conforms to the requirements set forth in the Subdivision Map Act and the approved Tentative Tract Map conditions. AGENDA ITEM -3- May 1, 2001 2. Authorize the City Engineer and the City Clerk to execute the Final Map. 3. Authorize the Mayor and City Clerk to execute the Subdivision Improvement Agreement and accept the corresponding securities. 4. Direct the City Clerk to forward the Map and Subdivision Agreement to the County Recorder. b. Do not approve above Final and Subdivision Improvement Agreement. C. Refer to Staff for additional information. RECOMMENDATION By Motion: 1. Approve the Final Map for Tract No. 15998 as it conforms to the requirements set forth in the Subdivision Map Act and the approved Tentative Tract Map conditions. 2. Authorize the City Engineer and the City Clerk to execute the Final Map. 3. Authorize the Mayor and City Clerk to execute the Subdivision Improvement Agreement and accept the corresponding securities. 4. Direct the City Clerk to forward the Map and Subdivision Agreement to the County Recorder. Respectfully Submitted: Prepared By: William M. Huber, P.E. m Shoucair Director of Engineering & Building Senior Engineer WMH/SS Attachments: 1. Subdivision Improvement Agreement 2. Resolution N0. 00-4-18-2 for TTM 15998 3. Location Map C AW P W I N 60\W P DO C S W G E N DA\T R 15998A.w pd DRAFT RESOLUTION No: 01 -5- 1 - For TTM 15998 ATTACHMENT 1 RESOLUTION No: 00-4- 18-2 For TTM 15998 ATTACHMENT 2 RESOLUTION NO. 00-4-18-2 APPROVING TENTATIVE TRACT MAP 15998 AND FLOODPLAIN LAND USE PERMIT 00-01 (VILLAGE ALIPAZ. LLC) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 15998 AND FLOODPLAIN LAND USE PERMIT 00-01 FOR A 13-ACRE PARCEL LOCATED ON THE EAST SIDE OF ALIPAZ STREET APPROXIMATELY ONE-HALF MILE SOUTH OF DEL OBISPO STREET (VILLAGE ALIPAZ, LLC) WHEREAS, the applicant, Village Alipaz, LLC, 19700 Fairchild Road, Suite 120, Irvine, CA 92612, has submitted a proposal to subdivide an approximately 13-acre portion of a 22-acre site into 104 single family residential lots; and, WHEREAS, this proposal has been reviewed in accordance with the California Environmental Quality Act, (CEQA, 1970). On October 5, 1999, the City's Environmental Administrator reviewed this proposal and determined that it qualifies for issuance of a mitigated negative declaration, and all mitigation measures are included as conditions of approval in this draft resolution; and WHEREAS, on November 16, 1999, the City Council held a duly noticed public hearing to consider testimony both in favor of, and in opposition to, Rezone application 99-03, (adopting Specific Development Plan 99-01)and Vesting Tentative Tract Map 15858 (phase one of the Village Alipaz development), and approved these applications; and, WHEREAS, on March 28, 2000 the Planning Commission held a duly noticed public hearing to consider testimony both in favor of, and in opposition to, the applicant's proposal, and forwarded a recommendation of approval for Vesting Tentative Tract Map 15998 and Floodplain Land Use Permit 00-02; and WHEREAS, on April 18, 2000 the City Council held a duly noticed public hearing to consider testimony both in favor of, and in opposition to, the applicant's proposal. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby find that: Tentative Tract Map 1. The proposed map is consistent with the goals and policies of the General Plan in that the proposed use of single family residences, at a density of eight units per acre is consistent with the project site General Plan Designation of 1.5 (Medium High Residential). This designation permits residential development at a maximum•density of 8 units per acre. -1- 2. Alipaz Street is identified as a Secondary Arterial Highway by the Circulation Element Master Plan of Arterial Highways. As conditioned, the proposed cross-sections for Alipaz Street are consistent with the development standards for secondary arterial highways. Furthermore, the proposed entrance, including the private gate, have been designed to prevent circulation interruption on Alipaz Street. 3. As conditioned, the site would be physically suitable for the proposed development. The project site is relatively flat and has been previously graded for agricultural purposes, as well as for the creation of a recreational vehicle storage lot on the rear portion of the site. The project site is located within the AO Zone; a special flood hazard area inundated by 100 year flood, as identified on Federal Emergency Agency Map (FEMA) Flood Insurance Rate Map(FIRM) Panel 75 of 81. The proposal includes grading plans which place the pad elevations a minimum of one foot above the base flood elevation. 4. The proposal is for a tentative map for 104 units on 13 acres, which combined with previously approved Tract Map 15858, will result in a 154-unit single family residential development on a 22-acre parcel, with a density of 7.0 units per acre. The project site is a relatively flat twenty-two acre parcel, fronting a secondary arterial highway. The project site will therefore readily accommodate the proposed medium high density development; requiring little landform alteration, and providing ready access to a secondary arterial highway, and the infrastructure located within Alipaz Street, 5. The project site is located on a site which houses an existing R.V. storage lot and a seasonally used strawberry field, and therefore the site does not contain any significant fish or wildlife habitat. Furthermore, as conditioned, the project will comply with the National Pollutant Discharge Elimination System Program,and therefore will not impact off-site wildlife or fish habitat. 6. The proposal does not contain any improvements which would result in serious public health problems. Additionally, as conditioned, the proposal will require the preparation of a Phase Two Preliminary Environmental Site Assessment (PESA) and completion of any mitigation measures identified in the PESA. Thus conditioned, future residents will not be exposed to any potential hazards related the site's existing agricultural and storage uses. 7. The project site does not contain any access easements for the public at large. An existing ten-foot-wide access easement which runs along the south property line and serves an adjacent piece of property will be rendered unusable by the projected phase two grading. The applicant is proposing an on-site easement to compensate for the loss of this easement. 8. The proposed site does not contain any above around historic resources. Additionally, as conditioned, Archeological/Paleontological monitoring will be required during grading operations to insure that any subsurface historic resources are collected and documented in an appropriate manner. -2- Floodplain Land Use Permit 1. The grading plans and documentation provided with the site and development plans indicate that the project meets the requirements of Section 9-5.305 of the Land Use Code. BE IT FURTHER RESOLVED, that the City Council approves Vesting Tentative Tract Map 15998 and Floodplain Land Use Permit 00-01, subject to the following conditions: 1. The exhibit entitled "Easement Disposition Exhibit, Tract 15858 and 15998", is for informational purposes only. Approval of Tentative Tract Map 15998, and related land use entitlements, does not constitute acceptance of any of the proposals for quitclaiming, selling or purchasing of easements or fee title properties. 2. Grading permits for the edge treatment along the southern property line shall incorporate a rear yard fence located on the property boundary line, and a 2:1 slope and retaining wall over the adjacent access easement(refer to Exhibit 0). If the applicant is not able to secure the required permission from affected easement and property holders for this edge treatment design (refer to conditions 3 and 4, following), the applicant shall submit revised plans for consideration by the City Council. Said plans shall be designed to minimize the apparent mass of the property line wall through materials, design and landscaping, or other appropriate method. 3. Prior to issuance of building or grading permits for the edge treatment along the southern project boundary which encroaches onto the adjacent property, the applicant and affected property holder shall record an easement permitting the construction of proposed improvements. 4. Prior to recordation of final map, the applicant shall negotiate for the reconstruction or relocation of water transmission facilities to relocate the facilities entirely within their respective easements, or grant revised/additional easements to accommodate the facilities in their existing locations. All costs associated with these alternatives, including costs of removal and reconstruction of facilities or costs associated with preparing and recording appropriate legal documents shall be at the sole expense of the applicant. 5. Prior to recordation of the final map for phase two, the applicant shall submit proof, in the form of an executed agreement, recorded easement, or some other form determined adequate by the Planning Director and City Engineer,that adequate secondary access has been provided to Calle Rolando, Del Obispo Street (via the OCFCD maintenance road) or an equivalent access acceptable to the Planning Director and City Engineer. 6. PRIOR TO FINAL MAP APPROVAL BY CITY COUNCIL a. Compliance. The Tract Map shall be developed in full compliance with the State of California Subdivision Map Act and the City of San Juan Capistrano -3- Municipal Code, except as authorized by the City Council and/or Planning Commission. The attention of the Developer and his Engineer is directed to Section 9-2.3 and 9-4 of the Municipal Code (Engr.). b. Pay Fees. The applicant shall fulfill all applicable fee requirements in accordance with the City Municipal Code, Section 9-2.316 and post securities to insure satisfactory performance (Engr.). C. Storm Runoff, Hydraulic/hydrology Calculations. The applicant shall submit to the City Engineer for review and obtain approval for a Storm Runoff study prepared by a Registered Civil Engineer showing existing and proposed facilities, hydraulic and hydrologic calculations and the methods of draining on-site and tributary areas without exceeding the capacity of any affected street or facility. Said study shall be consistent with the City's Master Drainage Plan in accordance with all applicable City regulations, OCEMA design criteria, and standards (Engr.). d. Properties in Flood Hazard Areas per (FEMA). For any property wholly or partially located within the Special Flood Hazard Area A, as established by the Federal Insurance Rate Map(FIRM), building pad elevations may be required to be constructed above a specific elevation, which shall be confirmed with the Federal Emergency Management Agency (FEMA) during Grading Plan Design (Engr.). e. Soils/Geology. The applicant shall submit to the City Engineer and Building and Safety Manager for their review and obtain approval for a Soils Report/Geotechnical Feasibility Study prepared by a Registered Geologist and/or Soil Engineer to determine the seismic safety and soils stability of all proposed grading and development improvements within the project and preliminary pavement sections and substructure bedding/backfill recommendations (Engr.). f. Traffic. The applicant shall submit to the City Engineer,for review and obtain approval of final improvement plans for all traffic mitigation improvements including both on and off-site as identified in the Traffic Study prepared under City direction in accordance with Council Policy 311 (Engr.). g. Off-site/On-site Improvements Participation. The applicant shall enter into an agreement with the City to construct and/or contribute the project's fair share financial participation for the improvements identified in the City approved traffic study performed by the City's consulting engineer, under the guidelines outlined in Administrative Policy #310, summarized as follows: Alipaz and Camino Del Avion - Install traffic signal Valle & La Novia/1-5 NB - Install traffic signal 1-5 SB & Ortega Highway - Add 2nd WB left-turn lane 1-5 NB & Ortega Highway - Add NB lane The developer's responsibility shall be in accordance with City Council policy #111 "Fair Share Methodology and Developer's Reimbursement", as approved by the City Engineer. In the event that the applicant and the City are -4- unable to reach agreement as to the applicant's responsibility,the City Council shall have final authority in determining appropriate obligation. (Engr.) h. The existing sewer and public utility lines, located adjacent to the western bank of Trabuco Creek, at the eastern border of this site, shall be free and clear from any permanent obstacles within their respective easements. The easement widths shall be shown on tentative maps for phase three of the site and shall allow for a minimum width of ten feet from centerline of pipe to the rear property line of the proposed lots. i. Utility Access Over Private Streets. The final map shall include irrevocable offers to dedicate easements for access and maintenance purposes over all private streets for all utility providers, including but not limited to, the City of San Juan Capistrano, the Capistrano Valley Water District, the San Juan Basin Authority, San Diego Gas and Electric, The Gas Company, Cox Communication, and Pacific Bell. j. Access and Maintenance Easements for CVWD Wells One and Two. The final map shall include easements for access and maintenance purposes for CVWD Wells One and Two. Said easements shall include a minimum of width of 20 feet of unimpeded vehicular access and 12 feet on all sides for maintenance purposes. These easements shall connect the CVWD parcels to the access easements within the private streets. k. The hydro-pneumatic tank, associated with Well Two, shall be relocated to the San Juan Capistrano Sports Park or other location acceptable to the City of San Juan Capistrano. All costs associated with the relocation, including actual relocation of the tank, any and all pipelines associated with the relocation, and any additional utility lines, shall be the sole responsibility of the applicant. 1. Grading. The applicant shall submit to the City Engineer and Building and Safety Manager for their review and obtain approval for Grading Plans prepared by a Registered Civil Engineer consistent with conceptual grading plans approved by the Planning Commission/City Council with this Resolution. These plans shall show the limits of grading, drainage, sewer, water and parkway/street improvements. The extent of the topography shall be extended enough to determine the drainage impacts to adjacent properties. The elevations shall correspond with the Orange County benchmark datum. Ali drainage must be conveyed to the street or a City approved drainage facility in City approved dedicated easements (Engr.). M. Permission to Grade from Neighbor. The applicant shall submit to the City Engineer and to the Building and Safety Manager,for any necessitated off-site grading, a notarized written permission from adjacent property owners affected by said off-site grading (Engr.). -5- n. Erosion. The applicant shall submit to the City Engineer and Building and Safety Manager for their review and obtain approval for Erosion/Silt Control Plans prepared by a Registered Civil Engineer. These plans shall show all temporary and/or permanent erosion control devices, effective planting of graded slopes, practical accessibility for maintenance purposes and proper precautions to prevent public trespass onto certain areas where impounded water may create a hazardous condition (Engr.). o. Drainage. The applicant shall submit to the City Engineer for review and obtain approval for Drainage Plans specific to the project which show the removal and replacement of existing drainage facilities and reflect consistency with the City's Drainage Master Plan. Mitigation of deficient down-stream drainage system directly impacted by this proposal shall be borne by this development. These plans shall show locations of all exi:?in; and proposed facilities and corfesponding easements (Engr.). p. Dry Utilities (Elect., Telephone, Cable TV, Gas). The applicant shall submit to the City Engineer, for review and obtain approval for, Electrical, Gas, Telephone and Cable Television Installation Plans to ensure compatibility with existing and proposed improvements (Engr.). q. Sewer and Water. The applicant shall submit to the City Engineer, for review and obtain approval for, Sewer and Water Plans prepared by a Registered Civil Engineer. These plans shall be specific to the project which reflect consistency with the City's Sewer and Water Master Plans, City's standards, specifications and codes and the Capistrano Valley Water District (Engr.). r. Sewer Manholes to be Lined. The Sewer Plans shall indicate that all proposed sewer manholes s_iN be lineu with polyurethane, or equal approved material, at the developer's cost (Engr.). S. Street improvement. The applicant shall submit to the City Engineer, for review and obtain approval for, Street and Signal Improvement Plans, prepared by a Registered Civil Engineer. These plans shall show all existing and proposed improvements including storm drain, sewer and water (Engr.). t. Sidewalk on Both Sides of Streets. The Street Improvement Plans shall show sidewalks to be provided on both sides of all streets, and shall also indicate a three foot wide public utility easement on each side of the street. (Engr.). U. Tentative Map Compliance and Closure Calculations. The applicant shall submit to the City Engineer for review and obtain approval for a Final Map in substantial compliance with the approved Tentative Map. Said Map shall be accorroanied with traverse closure calculations end an updated Title Search Report (Engr.j. -6- V. HOA Maintained Improvements. The applicant shall indicate on the Final Map that all streets, drainage, street lights, street signs and striping improvements within the interior of this subdivision designated as private shall be maintained by the Home Owner's Association or other provisions for maintenance which may be subsequently approved by the City (Engr.). W. Dedications and Maintenance Responsibility. The applicant shall indicate on Final Map, as determined by the City Engineer, all appropriate offers of dedication and access rights stating their purposes and their maintenance responsibilities (Engr.). X. Public Land Dedications. The applicant shall indicate and show on the Final Map dedication of right-of-way for Alipaz Street in accordance with the Master Plan of Highways and City Standards. Y. Street Access Release. The applicant shall indicate and show on the Final Map the following release: "Subdivider hereby releases and relinquishes to the City of San Juan Capistrano, all vehicular access rights to Alipaz Street except at street intersections and City approved driveway locations (Engr.). Z. Post Bond/Provide Securities. The applicant shall provide performance bonds/securities for 100% of each estimated improvement cost as prepared by a Registered Civil Engineer and approved by the City Engineer and City Attorney foreach, but not limited to, street improvements,traffic signals, signing and striping; street lights; storm drains, sewer, water, landscaping and irrigation in private slopes and open space. In addition, the applicant shall provide labor and materials bonds/securities for 100% of the above estimated improvement costs as determined by the City Engineer (Engr.). aa. Submission of Digital Map per County Requirement. Prior to recordation of the Final Map, the applicant shall submit for review and obtain approval of the Orange County surveyor for, a digital Tract/Parcel Map pursuant to Orange County Ordinance 3809 of January 28, 1991. The applicant shall pay for all cost of said digital submittal including supplying digital copies to the City of the final County Surveyor approved digital map in a .DXF format. In addition, the applicant shall provide digital copies of all improvement plans and as-builts in the digital format. bb. Developer Deposit Account. Prior to approval of final map, the developer shall pay any outstanding balance in the Developer Deposit Account assigned to this application (Planning). cc. Conditions, Covenants and Restrictions(CC&R's).The developershall obtain approval for CC&R's from the Planning Director, Engineering 'rid Building Director and City Attorney. CC&R's which shall not be amended without similar approval, shalt be recorded with the final map and shall include (Planning): -7- i. Identification and provision for maintenance of common open space, project entry statement, and slopes by the Homeowners Association. ii. Criteria for maintenance of private drainage facilities, slopes and fuel modification zones within the project by the Homeowners Association (HOA). iii. Prohibition of building construction or ornamental landscaping within the drainage facility and slope areas maintained by the HOA. iv. Prohibition of all radio or television antennas projecting above roof eaves except for those specifically permitted in accordance with Section 9-3.609 of the Municipal Code and exempted by the State of California. V. Rental of Individual units shall be controlled and managed by one management company to insure the most efficient management of the property. dd. The applicant shall dedicate all water rights to the Capistrano Valley Water District in accordance with District requirements 7. At the time of submittal of the first final map for approval, the applicant shall pay all domestic and non-domestic water fees applicable to the project. 8. PRIOR TO ISSUANCE OF GRADING AND RIGHT-OF-WAY IMPROVEMENT PERMITS a. Building Pad Elevations in Flood Areas. The applicant shall provide to the Engineering and Building Director a letter of verification from the Flood Insurance Administration(FIA)confirming thatthe proposed building pad elevations are designed above the minimum specific elevation required by FIA (Engr.). b. Submit Mylar of Final Map. The applicant shall submit to the City Engineer a reproducible copy/mylar of the project's recorded Final Map (Engr.). C. Recycling/Reduce Debris Act of 1989 (CIWMA). The applicant shall submit to the City Engineer for review and obtain approval for a program complying with the requirements of the California Integrated Waste Management Act of 1989 to reduce construction and demolition debris through recycling (Engr.). d. NPDES Industrial Permit for Grading in Excess of 5 Acres. The applicant shall submit a Notice of Intent (NOI) to the California State Water Resource Control Board for coverage under the State National Pollutant Discharge Elimination System Program (NPDES) General Permit for storm water discharges associated with development/construction activity in excess of 5 acres of land. Evidence that this requirement has been met shall be submitted to the City Engineer. The developer shall also comply with the standards of the "Erosion and -8- Sediment Control/Field Manual", dated July 1999, and Guidelines for Construction Projects" published by the California Water Quality Control Board, San Francisco Bay Region (Engr.). e. FEMA Requirements to Revise Flood Insurance Rate Map ';'RM). For any property wholly or partially located within the 100-year Flood Hazard Area on the Flood Insurance Rate Map (FIRM), the applicant shall submit to the City Engineer for review and obtain approval for all documentation required by the Federal Emergency Management.Agency (FEMA) or revision to the FIRM and pay all preliminary and subsequent fees as required by FEMA (Engr.). f. Construction Mitigation Program. The developer shall prepare and adhere to a construction and grading mitigation program (designed to address impacts to both existing residents, motorists on Alipaz Street, and occupied units within the proposed development) approved by the Planning Director and Engineering and Building Director containing the following controls: Grading: i. Haul route for the movement of on and off-site of heavy earth- moving equipment. ii. Location of assembly and storage/service areas of heavy earth- moving equipment and limits of hours of operation. iii. Worker controlled access to site, including hours of work, limits on noise sources, and dust and soil import/export. iv. Compliance with environmental mitigation measures. Enforcement: i. The Planning Director and Engineering and Building Director may modify the construction mitigation program standards if on-site observations indicate that construction activities are creating a nuisance to adjacent property developments. ii. The developer shall hire a project enforcement person approved by the Engineering and Building Directorto ensure compliar.-- s ith the Construction Mitigation Program. iii. If It Is determined that the developer is in violation of the approved construction mitigation program, the Planning Director and/or the Engineering and Building Director are authorized to shut down the project by reason of said violation. g. Archeological/Paleontological Monitoring Contract. The developer shall provide the Building and Safety Division with an executed consultant services contract with a SOPA-certified archeologist (Society of Professional Archeologists) -9- responsible for supervising on-site archeological and/or paleontological monitoring consistent with applicable City Council Policy (Planning) h. Consistency of Final Grading, Building and Landscape Plans. Prior to issuance of permits. the Planning Director shall ensure that all final plans are consistent with conceptual plans and conditions of approval per this Resolution (Planning). i. Lighting Plan. The final lighting plan shall be reviewed and approved by the Planning Director upon a finding of compliance with applicable provisions of the Municipal Code and plans/conditions of this Resolution (Planning). j. Sewer Lateral Connections. Sewer laterals for homes located on "E" street shall be provided with sewer service by a local, eight inch public sewer line, and-not by the twenty-one inch sanitary sewer outfall line as indicated on proposed tentative tract map. k. Grading projects shall post cash or other liquid security equal to the estimated cost to install erosion control devices and systems that are shown on the approved grading plan. If the required erosion control devices or systems are not installed as required by the Building Official, the security shall be forfeited and the funds used by the City to complete or maintain the erosion control devices or systems. If the funds are forfeited, additional funds shall be posted before the grading project will be allowed to continue. I. All grading projects shall provide a restoration and completion bond as provided by City Ordinance in an amount as determined by the Building Official. In the event of non-compliance with conditions of approval or standards for conducting grading, the Building Official shall declare the grading project to be in default and the Bonding Company is to be placed on notice of the intention to foreclose on the bonds. M. All grading permits shall contain a time limit for the completion of the grading and the installation of erosion control planting including interim and final landscaping. Failure to complete the grading in the time specified shall be grounds for declaring the project in default and a foreclosure of the completion or restoration bond shall be proc-esed by the Building Official. n. All grading plans shall show the location of any stockpiling areas and the plan shall identify areas where stockpiling is to be excluded. Stockpiling areas shall be located such that adjacent properties are not impacted from dust migration or visual intrusions. If the location of stockpiling areas are to be moved or relocated, a revised plan shall be approved prior to commencing the stockpiling. o. Grading contractors shau be advised by City inspection staff that grading is to be accomplished in such a manner that impacts to surrounding properties are minimized and that the grading project will be subject to vigorous -10- inspection controls to insure that the job produces minimal adverse conditions on the residents and property owners of the city. 9. PRIOR TO ISSUANCE OF FIRST BUILDING PERMIT a. The developer shall complete construction of the full frontage half section improvements including painted median and a 150-foot southbound left-turn lane into the project. (Engr.) b. Housing Opportunity Program. The developer shall comply with the provisions of Section 9-3.632 of the Municipal Code (Planning). C. On-site Collection facilities for Recyclable Materials. Each residence shall incorporate 133 cubic feet of storage area, either interior or exterior, within minimum dimensions of 84 inches in width, by 39 inches in depth, by 72 inches in height. Storage areas shall not be visible from adjacent public or private right-of- ways or properties. d. The applicant shall construct full enclosures for wells (CVWD Well 1 and Well 2 and SJBA Well 4), and provide a bond for the future construction of an enclosure for Well 1. Said enclosures shall incorporate materials consistent with the homes within the project site, including stucco walls, full pitch s-tile roofs, and color palettes adopted from the proposed color board. Costs associated with the design and construction of said enclosures shall be at the sole expense of the applicant. Final design of said structures shall be approved by the Planning Director and the Public Works Director. e. The applicant shall be responsible for the relocation of all water lines, owned by Capistrano Valley Water District and San Juan Basin Authority, into the private street alignments and provide the required easements and quitclaim documents for such relocations to the satisfaction of both parties and the City Engineer. f. The applicant shall be responsible for the reconstruction of all piping and appurtenances from the wells to the relocated water lines to the satisfaction of Capistrano Valley Water District, San Juan Basin Authority, and the City Engineer. 10. PRIOR TO ISSUANCE OF FIRST CERTIFICATE OF OCCUPANCY a. Filing with County Surveyor the Corner Records. The applicant's surveyor shall file the appropriate corner records with the County Surveyor and show written affirmation indicating compliance with the County Recorder, as required by Section 8771 of the Business and Professions Code (Engr.). b. Utility Undergrounding. The applicant shall underground, at no cost to the City, the overhead utility lines within the property and its frontage to the satisfaction of the City Engineer. -11- C. Complete all Improvements to the City's Satisfaction. The applicant shall complete, to the satisfaction of the City Engineer, all facility improvements (including, but not limited to, utility undergrounding) necessary to serve the development in accordance with the approved plan and approved exceptions (Engr.). d. The developer shall convert the southbound right-turn lane to a through lane at Camino Capistrano and Del Obispo Street. (Engr.) e. Home Warranty Program. The developer shall obtain approval from the Planning Director for a Home Warranty Program in conformance with the Municipal Code. Any surety or deposit of funds for individual units must be in the possession of the City prior to the issuance of any certificate of occupancy (Planning). g. Installation of Landscaping. The developer shall install all street trees and non-erosion control landscaping and irrigation, including fuel modification zones for the relevant phase of project construction. The developer shall provide a licensed Landscape Architect certification that the landscape materials and irrigation system (tested for full coverage)has been installed in compliance with the approved landscape plan (Planning). In. The applicant shall design and construct, at the applicant's sole expense, the following improvements: • A traffic signal and appurtenances at the intersection of the project entrance and Alipaz Street. Sidewalk on the west side of Alipaz Street, from the project entry to the Sports Park Entry • Traffic signal and striping modifications at the intersection of Del Obispo Street and Camino Capistrano. Design and construction of these facilities shall be subject to the approval of the City Engineer. (Eng.) 11. PRIOR TO ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF PERFORMANCE SECURITIES a. Provide As-Built Mylars. The applicant shall submit to the City Engineer for review and obtain approval for the reproducible mylar"As Built" Plans of all improvement works completed and accepted. Said plan shall be prepared by a Registered Civil Engineer (Engr.). b. Monumentation Restored and Corner Records Filed with County. The applicant's surveyor shall set all required monumentation and/or re-establish any damaged or destroyed monumentation during construction. Monumentation and corner records shall be submitted to the City Engineer and filed with the County Surveyor in compliance with AB 1414 and Section 8771 of the Business and Professional Code (Engr.), -12- C. Video Tape Sewers and Storm Drain Pipes. The applicant shall submit to the City Engineer for review and obtain approval for a video tape, filmed in the presence of a City Staff representative/inspector, of all sewer and drainage improvements. The video shall become the property of the City (Engr.). d. City Approved Plans and Specifications. City approved plans and specifications approved herein shall be considered precise. Any deviations from these plans, including subsequent revisions that may be overlooked during the plan review process, shall be subject to final approval or rejection by the Planning Director. If, in the opinion of the Planning Director, subsequent changes are significant, the Planning Director may refer said change back to the Planning Commission for final approval. 12. In places where the conditions of approval or mitigation measures contained herein conflict, the more restrictive condition shall apply, subject to determination of the Planning Director. Mitigation Measures: Mitigation Measure#1 - Prior to issuance of a grading permit, which would permit trenching or grading at a depth of eighteen inches or greater, the applicant will retain the services of a SOPA (Society of Professional Archeologists)-certified archeologist who will monitor all grading and excavation for potential impacts on cultural resources including archeological, paleontological, and historic resources. The applicant will provide an executed contract for services with a SOPA-certified archeologist including a scope-of-work which provides for comprehensive monitoring; a contingency for assessment, recovery, and/or evaluation; and the preparation of a technical memoranda or report. In the event cultural resources are encountered during grading, the monitor may cease grading operations, consistent with City Council policy, to allow for the assessment, recovery, and/or evaluation of any cultural resources. Mitigation Measure #2 - Prior to issuance of a grading permit, the applicant shall submit a "Subsurface Geotechnical Investigation" completed by a licensed engineering geologist professionally certified by the State of California to conduct such work subject to approval by the Chief Building Official. The proposed preliminary grading design will be based upon the analysis and recommendations contained in that "Subsurface Geotechnical Investigation". Any change in recommendations and/or design shall be subject to review and approval by the City Engineering and Building Department. The "Subsurface Geotechnical Investigation"shall include a discussion of potential liquefaction and shall include specific grading design recommendations. Mitigation Measure #3 - Prior to issuance of any permits for development of the project site the applicant shall prepare a Phase Two Preliminary Environmental Site Assessment (PESA), and complete any environmental remediation as required by said studies. Furthermore, the project site shall be certified as meeting all standards established by the State Environmental Protection Agency. -13- Mitigation Measure#4 -The proposed storm water drainage system design shall comply with the City's adopted "storm water management regulations and policies" and subject to review and approval by the City Engineer or his designee. Mitigation Measure #5 - Prior to issuance of a grading permit the applicant shall prepare grading plans which place the pad elevations a minimum of one foot above the base flood elevation. The applicant shall also submit, to the Engineering Division for submittal to FEMA, a FIRM Map Revision application removing the subject site from the AO Floodplain Area. Mitigation Measure #6 - Prior to approval of subsequent tentative maps which encompass the existing water transmission facilities an acoustic analysis shall be prepared which analyses existing noise and provides adequate design and construction standards which reduce noise at proposed property lines to per!-ifs a maximum value noise level of 45 dBA between the hours of 10 PM to 7 AM and 55 dBA between the hours of 7 AM to 10 PM consistent with Section 9-3.615 (Noise) of the Land Use Code. If these standards cannot be met through design and construction standards, adequate setbacks between proposed property lines and the existing water transmission facilities shall be established by the tentative map to meet these standards. Mitigation Measure#7 - Prior to certification of the mitigated negative declaration, the applicant shall submit a traffic study, subject to review and approval by the Planning Director, The Director of Engineering and Building Services, which includes mitigation measures determined to reduce traffic generation impacts to a level of insignificance (Completed). PASSED, APPROVED, AND ADOPTED this 18th day of April, 2000. COLLENE-CAMP�AYOR ATTEST: CITY CLERK,, Y -14- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 00-4-18-2, adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 18th day of April, 2000, by the following vote: AYES: Council Members Bathgate, Greiner, Hart, Swerdlin and Mayor Campbell NOES: None ABSENT: None (SEAL) / CHERYL JOENSON, CITY CLERK -15- 7628 P=08. 90. A MAINTAINED SL DPE - • km x ..3 a OU .akwwo 4 Z a w {.3 1 O \ O - J I BHOM . • KB H{71YIE 3 Jenner.Smite 106 a Irvine,Uifforna 9261$ ' PAYvtrrl ** > 70 Cott* of fC' THE ORDER OF 1i' i84368920 1:0 3 1 100 28 31: 09 5563911' SUBDIVISION IMPROVEMENT AGREEMENT - TRACT 15998 EXHIBIT "A" WORKS OF IMPROVEMENT Type of Improvements: Estimated Construction Cost Or Bond Amount Grading Processed through BLDG. Division Erosion and Silt Control Processed through BLDG. Division Off-site Improvement Obligations Shall be paid in full prior to Final ,� �/ Map Approval Street and Related Improvements�v $ 405,000 Storm Drain Qv $ 264,000 l� Sanitary Sewer 0, V $ 155,200 Landscaping and Irrigation $ 256,000 !� Street Monuments 06 $ 25,000 Water Improvements &b $ 225,456 Traffic Signal & Striping Improvement (�� $ 150,000 r7 MEMORANDUM March 21, 2001 TO: Dawn Schanderl, Deputy City Clerk FROM: Sam Shoucair, Senior Engineer SUBJECT: Tract 15998 KB Home Coastal (Kaufman & Broad) Additional Bond Submittal. Please find attached, foryourfiles the original sets of the applicable bonds required at this time by the Engineering Division in connection with the development of the subject Tract. There is no Subdivision Improvement Agreement yet. They are still processing their map. I have attached the list of all the bonds that would be required at the time the subdivision improvement agreement is processed and checked all the ones we have collected . Attachments C:\WPWIN60\WPDOCSNEMOS\Trl5998-BOND2-clerk.WPD MEMORANDUM February 8, 2001 TO: Dawn Schanderl, Deputy City Clerk FROM: Sam Shoucair, Senior Engineer SUBJECT: Tract 15998 KB Home Coastal (Kaufman & Broad) Partial Bond Submittal. Please find attached, for your files the original sets of the applicable bonds required at this time by the Engineering Division in connection with the development of the subject Tract. There is no Subdivision Improvement Agreement yet. We want them to construct the storm drain now to prevent runoff problems. I have attached the list of all the bonds that would be required at the time the subdivision improvement agreement is processed. Attachments SUBDIVISION IMPROVEMENT AGREEMENT - TRACT 15998 EXHIBIT "A" WORKS OF IMPROVEMENT Type of Improvements: Estimated Construction Cost Or Bond Amount Grading Processed through BLDG. Division Erosion and Silt Control Processed through BLDG. Division Off-site Improvement Obligations Shall be paid in full prior to Final Map Approval Street and Related Improvements $ 405,000 Storm Drain $ 264,000 Sanitary Sewer $ 155,200 Landscaping and Irrigation $ 256,000 Street Monuments $ 25,000 ✓ Water Improvements $ 225,456 Traffic Signal & Striping Improvement $ 150,000 -16-