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00-0719_KAUFMAN & GROAD COSTAL INC_Subdivision Improvement Agreement _ • � ( Recording Requested by and When Recorded Mail To: City of San Juan Capistrano Recorded in Official Records, County of Orange Attention: City Clerk Gary Granville, Clerk-Recorder 32400 Paseo Adelanto IIIIII11111lllllliillll11111111l111llllllillil111111llll38.00 San Juan Capistrano, CA 92675 20000377315 08:33am 07/19100 118 4 Al2 17 0.00 0.00 0.00 0.00 32.00 0.00 0.00 0.00 Cheryl Johnsc6l Cit Jerk City of San Juan Capistrano SUBDIVISION IMPROVEMENT AGREEMENT SUBJECT: TENTATIVE TRACT MAP 15858 THIS AGREEMENT is between THE CITY OF SAN JUAN CAPISTRANO, a municipal corporation, State of California, hereinafter referred to as "City" and Kaufman and Broad 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. CVWD 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. 99-11-16-2; and WHEREAS, Subdivider is the developer of that certain parcel of land situated in the City of San Juan Capistrano, Orange County, generally known and described as Tentative Tract Map 15858, currently owned by Village Alipaz LLC., and Subdivider proposes to do and perform certain work of improvement thereon as hereinafter set forth; and WHEREAS, City and District desire 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 of said Final Map and the acceptance of easements therein offered for dedication for 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 widening Alipaz street, which shall be constructed in accordance with the City's design standards and specifications to the satisfaction of the City Engineer. Said construction shall include curb and gutter, storm drain, catch basins, street lights and signage, and all related appurtenances. Off-site Improvement participation. The applicant shall construct and/or 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, submitted 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. Securit : A. Subdivider shall, at all times beginning with the execution of this agreement, guarantee Subdivider's performance of this agreement by providing City and District with the following security instruments (the "Security Instruments"), as required by the State Subdivision Map Act, on forms approved by City and District 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 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 -2- (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 and District 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. 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. -3- 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; (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 -4- 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 Majeure: 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. 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- -5- 3/4. 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 effect that 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. 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 and -6- District, without payment therefore, upon acceptance of said improvements by the City Council and Water Board. 8. Oblations 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. 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. -7- 0 10. Superintendence by Subdivider: Subdivider shall give personal superintendence to the Works of Improvement, or have a competent foreman or superintendent, satisfactory to the City Engineer, on the work at all times during progress, with authority to act for 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 survey monuments or for any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City or by any public or private corporation, or by any person whomsoever or by combination of such owners. Any such repair or replacement shall be completed in a reasonable manner and subject to the approval of the City Engineer and affected property 12. Inspections 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. -8- • 0 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 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 or as 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 and/or District: 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. -9- 16. Liability for Performance. Injury or Damage: Neither the City, District nor any of their 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 and/or District 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 and/or District satisfactory evidence of an insurance policy written upon a form and by a company (which meets with the approval of City and/or District) insuring City and/or District, its officers, agents, and employees against loss or liability which may arise during the work or which may result from any of the work herein required to be done, including all costs of defending any claim arising as result thereof. Minimum 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 and/or District, 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 and/or District 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 and/or District 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. -10- 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 and/or District of the completed street and other improvements thereon and therein; provided that acceptance by the City and/or District shall in no way eliminate or lessen any of the Subdivider's obligations or undertakings contained in this Agreement. The issuance of any occupancy or use 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: 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, associated with the development of the subject 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 and District shall be paid for each lot in the subdivision in accordance with the City and District Standard Specifications and Drawings. C. All actual costs for design, plan check, development process and inspection incurred by the City and District 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 and District 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 -11- 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/or District , 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. 22. Repair or Reconstruction of Defective Work: If, within a period of one year after City Council acceptance of the improvement work performed under this Agreement, any of 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 and/or District the actual cost of such repairs plus an amount equivalent to the current general City and/or District overhead costs. 23. Warranty: Without limiting the foregoing, Subdivider warrants and guarantees: materials used and workmanship performed on said work for a period of one (1) year after completion and acceptance thereof by the City, the setting of all required Final Map monuments and agrees to maintain all required landscaping in a vigorous and thriving condition for a period of twelve (12) months after completion and written acceptance thereof by the Director of 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. -12- 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 and District Rights to Perform Work: In addition to whatever other rights or remedies it may have for Subdivider's default hereunder, in the event 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 and/or District 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 and/or District. 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 not the action is prosecuted to judgment. 25. Notice of Completion: Upon approval of the Works of Improvement by the City Engineer and acceptance by the City Council, the subdivider shall file with the Orange County Recorder a Notice of Completion of the improvements herein specified. -13- 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. These drawings shall be certified and shall reflect the job as actually constructed, with all changes incorporated therein. 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 5th day of July , 20 00 , 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. KAUFMAN AND BROAD COASTAL, INC., CITY OF SAN JUAN CAPISTRANO A California Corporation By Colle Camp 11 MAYOR By: LINDA DWARDS EXECUTIVE VICE PRESIDENT Attest: 41CL K APPROVED AS TO FORM: By. Qd� CIT ATTORNEY (Attach Notary Acknowledgment) Attachments: (1) Exhibit "A" C:\W PW IN60\W PDOCS\TRACTS\TR 15858.SUB -14- SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT "A" WORKS OF IMPROVEMENT TRACT 15858 Type of Improvements: Estimated Construction Cost Or Bond Amount Grading Processed through BLDG. Division Erosion and Silt Control Processed through BLDG. Division Public Street $ 87,000 Private Street $371,000 Storm Drain $ 90,000 Sanitary Sewer $123,000 Water Improvement $206,000 Landscaping/Irrigation $240,000 Street Monuments $ 15,000 CAWPW IN60\WPDOCS\TRACTS\TR15858.SUB -15- AMER * 0 } STATE OF CALIFORNIA }ss. COUNTY OF On i ( kt before me, ""C/ V, �/U"h Gi-�l'� �hLf S Y f t G personally appeared U y Edw&4'-etc, LS , personally known to me 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. Signature r ,,, CHRISTINE S. ADRIAN () COMM.#1771054 y NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY 0 COMM.EXP.JAN.25,2002 (This area for official notarial seal) Title of Document Date of Document No. of Pages Other signatures not acknowledged 3008(1/94)(General) Fust American Title Insurance Company PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 1181) On Julv 5,2000 , before me, Cheryl Johnson City Clerk, personally appeared ---Collene Campbell - - - personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. SEAL) kopoo WITNESS my hand and official seal. City Clerk OPTIONAL Capacity Claimed by Signer Description of Attached Document Municipal Corporate Officer Mayor Subdivision Improvement Agreement/Tract Title 15858 Title or Type of Document Signer is Representing City of San Juan Capistrano IS Number of Pages July 5, 2000 Date of Document Kaufman & Broad Coastal, Inc. Signer(s)Other Than Named Above / ' �� iF .i� _ .P 1 4 ; ' :," r,.i j �iy+�,,� �,,,��i '.:�A 4 32400 PASEO ADELANTO A MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 /i _ I� SAM ALLEVATO (949)493-1171 IA[AAIAAlifO DIANE BATHOATE (949)493-1053 FAX [A1RrtIAX[A I (96) WYATT HART www.sanjuancapistrano.org 1776 JOE SOTO • • DAVID M.SWERDLIN June 6, 2005 American Casualty Company of Reading, Pennsylvania CNA Center 333 S. Wabash Chicago, IL 60685 Re: Release of Bonds: Kaufman Broad 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 15858 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. TRACT 15858 (Kaufman Board Coastal) BOND NO. PURPOSE AMOUNT 929-158-386 Water Bond 206,000 929-158-387 Performance — landscape & Irrigation 240,000 929-158-387 Labor& Materials — Landscape & Irrigation 240,000 929-158-388 Performance — Public Streets 87,000 929-158-388 Labor & Materials — Public Streets 87,000 929-158-389 Performance— Private Streets 371,000 929-158-389 Labor& Materials — Private Streets 371,000 929-158-390 Performance — Storm Drain Improvements 90,000 929-158-390 Labor & Materials — Storm Drain Improvements 90,000 929-158-391 Performance — Sewer 123,000 929-158-391 Labor & Materials— Sewer 123,000 929-158-392 Performance — Street Monuments 15,000 San Juan Capistrano: Preserving the Past to Enhance the Future 10 Prinletl an recvcletl osoer f f The City of San Juan Capistrano hereby fully and forever releases and discharges American Casualty Company of Reading, Pennsylvania from any and all liability under the abovementioned bond number -- per instruction of the City Council. The original — released — documents are enclosed. If you have any questions, please do not hesitate to call me at (949) 443-6308. Very truly yours, argar t R. Monahan, CMC ity C rk Enclosures as noted cc: (Letter only) Sam Shoucair, Senior Engineer Nasser Abbaszadeh, Engineering & Building Director Kaufman Broad Coastal (3 Jenner, Irvine, CA 92618) Bond No. : 929 158 386 Premium: $361.00 Issued in Triplicate Tract 15858, Alipaz, Water KNOW ALL MEN BY THESE PRESENTS: American Casualty " That We Kaufman and Broad Coastal, Inc.as Principal-a-d Company of Reading Pennsylvania Corporation, created-organized, and existing and by virtue of the laws of tfle State of Pennsylvania duly licensed to transact a general surety business in the State of California, as Surety, are hold and firmly bound to the CAPISTRANO VALLEY WATER DISTRICT, State of Califomie. In ths-%u a Two Hundred Six Thousand and no/100 ($206,000,00) DOLLARS, lawful money of the United States of America, to be paid to the said Disviet for which payment well and truly to be made we bind aursellves. our heirs, executors and successors,jointly and severally. THE CONDITION OF THE FOREGOING OBLIGATION is such chat whereas the above bounden Prinaoal has agreed to do and perform the following, to-wit: Construr_ and install all of the water frrilities pursuant to Agreement for Consuuc.ion of Water Facilities entered into on , 199_, by and between CAPISTRANO WA 7 cR i✓ISiilZ i—, ana Raufman and Broad Coastal, Inc. a c=py a' which is attached hereto and made a part hereof. As a par, of the cbligatlen secured hereby, and in addition to tha fac3 omcunt sceci .sc. there shail be included costs and reasonable expenses and fees, including reasonable arcomey's tees. inc_rred by Caois-72no `/alley Water District in spc=asstully enforcing sue'.t obligation, all ,e be taxee as costs ana incwaea in any fuagment renaered, _. Said Sur_ty, far value received. hereby stipulates and agrees :hat na change. !ansicn ct :ire. altaraticn. or modificaticn of :he ccotroct aocumenc cr of the work to be perermec thereunder. shall in anv way aped its obligations or;his sand. and It does nernoy waive nctic3 cc any Luc- -tinge, extans;an or time, siteroticns or rjodificoticns e, ,he cor,;ra dccumen,s :r or 'Norio :c he performed thereunder. NOW, THEREFORE. the condition of this obligation is such that if the bounden Principal shall. to the satisfaction of the CAPISTRANO VALLEY WATER DISTRICT faithfully and properly perorm all of the work desc,ibed in said Agreement and in accardancc with the pians and specifications aoeroved for said work and shall pay all sums due for all damages suffered by said Distric by reason of faulty or defective work or the carelessness or negligendp of said Principal and for-,he completion of any work not satisfactorily or properly performed in accordance with the Agreement between District and principal, and guarantee all work for a period of one year af:-er acceptance in accordance with said Agreement. then. et the expiration of said guarantee period. this obligation shall be null and void; RELEde to remain in full farce and effect. IN WITNESS WHEREOF said Principal arld Surety have caused this band to be executed by their :DATE t duly authorized this 20',hy pf June 1Ht9:_Z000 TI C/ tel/ (�� r r t BOND NO. 929 158 386 PR1NC)P fman aTb Broad Coastal, Inc. (SEAL) icin C a ty Company of Reading, S �vz (SEAL) By' Aaamay In Fact Maria Pena The premium on this bond Is Mailing Address of Surety: g 361.00 21650 Oxnard Street Suite 600 Woodland Hills, CA 91367 9TT—=-2064 (Executed in Tripficacel AMEBIC AQY~ o� } STATE OF CALIFORNIAiss. COUNTY OF On ;'(p '10D6 before me, personally appeared tl;n& (�cywcw G� personally known to me ( 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. Signature �P ° CHRISTINE S.ADRIAN V ,aa., COMM.S 5171056 ^ 0 r NOTARY PUBLIC-CALIFORNIA Ill 2' 6 ORANGE COUNTY n +i iron` COMM,EXP.JAN.25,2002' (This area ter official notarial seal) Title of Document Date of Document No. of Pages Other signatures not acknowledged 3008(196)(GerMMQ Fust American Title Insurance Company `G°A IFQRNIA ALLPURPOSEn"ACKNOWLEDGMENT State of California County of Los Angeles On June 20, 2000 before me, Betty Walker, 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. eem WA" Commission# 1152882 -� Nofay Public-Colifantia Las Angeles County I AttyWalker W Camm.&pees Sep 20.2001 POWER OF ! -ORNEY APPOINTING INDIVIDU ATTORNEY-IN-FACT r Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania corporation(herein collectively called 'the CCC Surety Compares'), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint Saundra L. Gingras, Maria Pena, Individually of Los Angeles, California their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given are hereby rat:fied and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 27th day of March 1 2000 CA'SU4 CONTINENTAL CASUALTY COMPANY �?` r tNSURggCf �u�vAwa� NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA JULY ll,T � SEAL fe97 N11Rh� Marvin J. Cashion Group Vice President State of Illinois, County of Cook, ss: On this 27th day of March 2000 before me personally came Marvin J. Cashion, to me known,who, being by me duly sworn, did depose and say. that he resides in the City of Chicago, State of Illinois; that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD. and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument: that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals, that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority. and acknowledges same to be the act and deed of said corporations. • 'OFFICIAL SEAL _ DIANE FAULKNE11 tilotarY PuDNo, Rat•of Ullnda : --F' VCLJ • MY CowaWsolon 6rpkq 9/17/01 My Commission Expires September 17, 2001 Diane Faulkner Notary Public CERTIFICATE 1, Mary A. Ribikawskis, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD. and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this 20th day of June 2000 CONTINENTAL CASUALTY COMPANY 9.0��Ar tvp4 1NSeRq,yCp <<o' OiM NATIONAL FIRE INSURANCE COMPANY OF HARTFORD VPcAMERICAN CASUALTY COMPANY OF READINGPENNSYLVANIA '.� .� 3 /uisilZ NA1110 ° Mary A. Ribikawskis Assistant Secretary (Rev 10/1/97) Issued In Triplicate Bond No. : 929 158 387 Tract 15858, Alipaz Premium: $420.00 (Landscaping and Irrigation in common areas and SUBDIVISION FAITHFUL PERFORMANCE BOND park) (COVERNME.NT CODE . 66499.1) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and 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 J l9 and made a part hereof; and WHEREAS, said Prinapal is required, under the terms of said Agreement, to furnish a bond for the faithful performanc of said Agreement: "� American Casualty NOW, THEREFORE, we, the Principal and Company of Reading, Pennsylvania as Surety, arc held firmly bound unto the City of San Juan Capistrano thereafter called "Obligee"), to the sum of Two Hundred Forty Thousand and no/100 ($240,000.00) Dollar,, lawful money of the United States, far the payment of which sum yell and truly to be made, we bind ourselves, our heirs, successors, executors and administrator, jointly and severalty, firmly by these presents. NOW, THEREFORE, the condition of taus obligation is such that if Principal shall promptly and faithfully perform sand improvements, then the obligation shall Sc null and void; otherwise it shall remain in full farce 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 RE50LVEID: 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 tees, inctuding reasonable attorney's fees, incurred by City in successfully enforcing such abliga:ian, all to be taxed as casts and included in any )udgment rendered_ RELEASED , DATE 2. Said Surety, for valuk received, hereby stipulates and agrees chat -Io -change, extension of time, alteration, or modification of the contract documents or of the Work to be performed thereunder, shall its 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 of of work to be performed thereunder. Executed this 20th day of June lxyr 2000 at Los Angeles California. PRIN CIP : Kaufman and Broad Coastal, Inc. Y: (NOTARIZATION AND SEAL) APPROVED AS TO FORM: SURETY American Casualty Company of Reading, Pennsylvania 10ABy: Mari ena, Attorney—In—Fact CITY ATTORNEY (NOTARIZATION AND SEAL) Page 2 - Subdivision Performance Bond AME RIc 0 } STATE OF CALIFORNIA D� }ss. COUNTY OF On JIALA{, 2�(j (J before me, �— personally appeared �IVU�Iv �fit�ds personally known to me e) 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. / Signature _///�'L� ✓�' ° CHRISTINE S. ADRIAN COMM.It 1171054 �w NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY n +ivonx s COMM.EXP.JAN.25,2002 (This area for official notarial seal) Title of Document Date of Document No. of Pages Other signatures not acknowledged 3008(1194)(General) Fust American Title Insurance Company - LtIF.ORNIAiALL.P;U,RPOSEFACKNOWLEDGMENT,. " State of California County of Los Angeles On June 20, 2000 before me, Betty Walker, 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. BtITY WALKER Commission* 1152682 z -� Notary Public-CaGfomia f Los Angeles County _ etty Walker My Comm.Expires Sep2a,2(101 POWER OF f "ORNEY APPOINTING INDIVIDU ATTORNEY-IN-FACT 9(now All Men By These Presents, That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania corporation(herein collectively called'the CCC Surety Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint Saundra L. Gingras, Maria Pena, Individually of Los Angeles, California their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 27th day of March 2000 `6ASt,lq�r MSUR� r,r.a CONTINENTAL CASUALTY COMPANY 2tit^ 't'C,,, iU�°' A� NATIONAL FIRE INSURANCE COMPANY OF HARTFORD core v, �eAfy,T AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA JULY 11, 1897 it Marvin J, Cashion Group Vice President State of Illinois, County of Cook, ss: On this 27th day of March 2000 before me personally came Marvin J. Cashion, to me known,who, being by me duly sworn, did depose and say:that he resides in the City of Chicago, State of Illinois. that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument, that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals: that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority and acknowledges same to be the act and deed of said corporations. 'OFFICIAL SEAL' DIANE FAULKNER • GG—e i Not•ry PtWb.1tN•of 911nd• • My Cowdinj••lon WW"9117101 My Commission Expires September 17. 2001 Diane Faulkner Notary Public CERTIFICATE 1, Mary A. Ribikawskis, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this 20th day of June 2000 T,D%1 IMSUR,� nw CONTINENTAL CASUALTY COMPANY �� p� 't. �°PNATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA ca `M( 4T s `°IF i wtr n, HA•TF Mary A. Rib;kawskis Assistant Secretary (Rev.1011197) Issued In Triplicate Premium: Included in performance bond. Bond No. 929 158 387 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 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 Tract 15858, A ipaz. Project Landscao;no and irrigation in commnn art-as __a park 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 Casualty Company of Reading, Pennsylvania as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of Two Hundred Forty Thousand and no/100 Dollars (5 240,000.00 ) 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 obligatid-i 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 tae 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 :herein 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 addition to the face anount specified therefor, thcrc shall be included costs a� E xpenses and fees 1 of 2 DATE — The Surety hereby stipulates ¢nd agrees. that no change, extension of time, alteration or addition to the terms of tl r 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, ext=nsion of time, alteratiol or addition to the terrr,s of the agreement or to the work or to the specifications. IN WITNE55 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 20th day of June :IA_2JOOthe name and carporate seal of each corporate ?arty being hereto affixed and these presents duly signed by jts undersigned represe a::/es pursuant-to authority, of its governing body, PRINCIPAL/ -: Kaufman and Broad Coastal, Inc. A P OVED AS TOF R (NOTARIZATION AND SEAL) RZC�EiARD K. DENHALTER, CIT`.' ATTORVE�' SURETY : American Casualty Company of Reading, Pennsylvania BY'_ l J ✓�Qo_ �-C�'li� Maria Pena, Attorney—In—Fact (NOTARIZATION AND SEAL) NOTE: Please Attach Acknowledgement and Power of Attorney 2 of 2 AMEBIC .r, AIK 0 } STATE OF CALIFORNIA 9;'\. }ss. COUNTY OF (�V On (/ lD before �me, personally appeared U " , personally known to me 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. Signature CHRISTINE S. ADRIAN O •, COMM.#1171054 ® - p NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY n COMM.EXP.JAN.25,2002' (This area for otlicial notarial seal) Title of Document Date of Document No. of Pages Other signatures not acknowledged 9008(1/94)(General) Fust American Title Insurance Company CALIFORNIA U R RO S E 5A C K N 0, W L E State of California County of Los Angeles On June 20, 2000 before me, Betty Walker, 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. ,.�BEMY WAMR W 0 mL s mmLssion# 11�528V Notary PUNIC-CalifWga Z Los ArlgeWs r etty Walker WC0MrrLBPMSep2D,2001 POWER OF ` 'ORNEY APPOINTING INDIVIDU ATTORNEY-IN-FACT Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania corporation(herein collectively called"the CCC Surety Companies'), are duty organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint Saundra L. Gingras, Maria Pena. Individually of Los Angeles, California their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 27th day of March 1 2000 bA-+`tJ,t IMSUR CONTINENTAL CASUALTY COMPANY �rJ- P�'t �Nc�, u�v9..ra� NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA cowoe.re " d . CoffWr/c JULY n, ° SFJtL g '� 19111r teal 4 1Miatlo� • • a`C �'� \ Marvin J. Cashion Group Vice President State of Illinois, County of Cook, ss: On this 27th day of March 2000 , before me personally came Marvin J.Cashion, to me known,who,being by me duly sworn, did depose and say:that he resides in the City of Chicago, State of Illinois, that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD. and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument: that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals: that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority. and acknowledges same to be the act and deed of said corporations. 'OFFICIAL SEAL' : OWNE F/UJLKNER � i "Mary AIp9p. Mair.of Minols • My Corrrdaaion Eapka 9/17/01 My Commission Expires September 17, 2001 Diane Faulkner Notary Public CERTIFICATE I. Mary A. Ribikawskis, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this ZQY}t day of June 2000 CONTINENTAL CASUALTY COMPANY C�WtT` 4\pt INSUgq•cf A,uoFDP"r Oen NATIONAL FIRE INSURANCE COMPANY OF HARTFORD con,wurr r• yt� e'4r AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA Or fn g a JULY 31 ; ^ U SEAL 1691 NAeh Mary A. Ribikawskis Assistant Secretary (Rev 10/1/97) Issued In Triplicate Bond No. : 929 158 388 Tiact 15858, Alipaz Premium: $152.00 (Public Streets) SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE . 66499.1) WHEREAS, the City -Council of the City of San Juan Capistrano, State of California, and Kaufman and Broad Coastal Inc. (hereafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and completa certain designated public improvements, which said Agreement dated 19 and made a part hereof; and WHEREA5, said Principal is required, under the :e.^ms of said Agre-nen:, to furnish a bond for the faithful performance o: said Agreement; NOW, THEREFORE, we, the Principal and American Casualty Company of Reading, Pennsylvania , as Surety, are held firmly bound unto the City of San Juan Capistrano phereaftet called "Obligee"), In the sum of Eighty Seven Thousand and no/100 ($87,000.00) Dollars, lawful money of the United States, for the payment of which sum -veil and truly to be made, we bind ourselves, our heirs, sucecssor, 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 sand improvements, then the obligation shall be null and void; otherwise it shall remain in full force and effect. Surety wailes 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 1T FURTHER RESOLVE!O: I. As a part of the obligation secured hereby, and in addition to tic face amount speeiLcd, there shall be included costs and CedSanable ^zpenses and fees, ,nUuding reasonable attorney's fer_s, incurred by City in successfully enforcing such Qibkgat:on, all to be taxed as costs and included in any judgment rendered_ RELEASED ATE C/ I 2. Said Surety, for valu)e received, hereby stipulates and agrees that -Io 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 of of work to be performed thereunder. Executed this 20th day of June lxx 2000 at Los Angeles California. PR! CIP : Kaufman andel Broad Coastal, Inc. By: (,NOTARIZATION AND SEAL) APPROVED AS TO FORM: SURETY American Casualty Company of - R�ea�-dinsylvania By: Maria Pena, Attorney-In-Fact CITY ATTORNEY (NOTARIZATION AND SEAL) Page 2 - Subdivision Performance Bond AMEIZIC, IIS � 0 } STATE OF CALIFORNIA }ss. COUNTY OF On (NV lX efore me, W'V� Stip S �TGL�f Lc_ personally appeared I Vt C r-ZtG[/a4-Zt 5 personally known to me ( e) 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. p !� Signature r CHRISTINE S. ADRIAN� 0 COMM.01171054 NOTARY PUBUC-CALIFORNIA Ul c ORANGE COUNTY n COMM.EXP.JAN.25.2002 (rhis area for ofliGal notarial seal) Title of Document Date of Document No. of Pages Other signatures not acknowledged 3W8(1/94)tceneraQ Fust American Title Insurance Company State of California County of Los Angeles On June 20, 2000 before me, Betty Walker, 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. eem WALKER �... Commasim# 11521382 < Notary Public-CaGfomio � Los Angeles etty Walker MyComm.Fxpres Sep POWER OF P "ORNEY APPOINTING INDIVIDU. ATTORNEY-IN-FACT 'Know All Men By These Presents,That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania corporation (herein collectively called'the CCC Surety Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint Saundra L Gingras, Maria Pena, Individually of Los Angeles, California their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 27th day of March 1 2000 �CAsuftr 114SUR4wo CONTINENTAL CASUALTY COMPANY 211• A t�pE �Cp. hyt 4 NATIONAL FIRE INSURANCE COMPANY OF HARTFORD ccy°PAr0, c. a LL�°PfOR�T! AMERRICAN CASUALTY COMPANY OF READING,PENNSYLVANIA t 1��G1G� JULY 7i, ISO JuatF�l Marvin J. Cashion Group Vice President State of Illinois, County of Cook, ss'. On this 27th day of March 2000 , before me personally came Marvin J. Cashion, to me known,who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois. that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD. and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument; that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals: that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority and acknowledges same to be the act and deed of said corporations. o 'OFFICIAL SEAL' DIANE F 1 R i Notary Pu09gins of o, Rata of Nlnda • My Gamtlsyon E=Woe 9/17/01 My Commission Expires September 17, 2001 Diane Faulkner Notary Public CERTIFICATE I, Mary A. Ribikawskis, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this 20th day of June 2000 - `CASLL44r iNSURq+,,cr.ci CONTINENTAL CASUALTY COMPANY rti� t t`p� ,. cow" 4 NATIONAL FIRE INSURANCE COMPANY OF HARTFORD cpe,e„r� n wcwl�.r AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA o !a a 9 3 JULY 11, / 1 ° SEAL r i �7 isi a IVYI.. 1497 � JW11TF0" � Mary A. Ribikawskis Assistant Secretary (Rev 10/1/97) Issued In Triplicate Premium: Included in performance bond. Bond No. 929 158 388 SUBDrMION LABOR AND MATERIAL BOND (GOVERNMENT CODE, SECTION 66499.2) WHEREAS, the City Council of the City of Sart Juan Capistrano, State of California, and 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 I9_� and identified as Proiect Tract 15858, Alipaz, Public Streets is hereby referred to and made a part hereof; and WHEREAS, said Principal is Cequired under the terms of said agreement to furnish a bond for the faithful performance of said agreement; NOW, THEREFORE, we, the Principal and American Casualty Company of Reading, Pennsylvania as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of Eighty Seven Thousand and no/100 Dollars ($ 87,000.00 ) 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 obligatidn 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 thertin 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; other+ se it shal! 5e and remain In full force and effect. As part of the obligation scewrcd hereby a�-4 ddeitcion to the face anount specified therefor, there shall be included costs and reasi-A, P- Px eases and ices 1 of 2 DATE pt4.t/ The Surety hereby stipulates ¢nd agrees that no change, extension of time, alteration or addition to the terms of tU agreement or to the work to be performed thereunder or the specifications' accompanying the same shall in any Wise affect ics obligatio-is an this bond, and it does hereby waive notice of any such change, ext:nsicn of time, alteration or addition to the terrrls of the agreement or to the work or to the Specifications. IN WITNE53 WHEREOF, three (3) identical counterparts of this (nstrumenr, each of which shall for all purposes be deemed an original thereof, have been dul,v executed by the Principal and Surely herein named on the 20th day of June :E;9__2j0Othe name and corporate seal of each corpera:: :art.v being hereto affixed and these presents duly signed by its undersigned rpres:n:a:fres pursuant.to authority, of its governing b6dy. 51=al, Inc AP OVED AS TO F R (NOTARIZATION AND SEAL) 4It11ARD K. DGVHALTZR, C17 ATTOAycl' SURETY : American Casualty Company of Reading, Pennsylvania By: Maria Pena, Attorney—In—Fact (NOTARIZATION AND SEAL) NOTE: Please Attach Acknowledgement and Power of Attorney 2 of Z � � T AME R ' c rr 00 } STATE OF CALIFORNIA }ss. COUNTY OF On�JU iA4 ',-� 017D , before me, �A/IY I-7 I VLQ S, 4ztvi Gwt� personally appeared personally known to me ( ) 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. Signature r CHRISTINE S. ADRIAN U _ COMM.#7171054 (� •s NOTARY PUBLIC-CALIFORNIA 09ANCE COUNTY Q soave COMM.EXP.JAN.25,2002 (This area for official notarial seal) Title of Document Date of Document No. of Pages Other signatures not acknowledged 3008(1/94)(Genera9 Full American Title Insurance Company CAt;Rl�1 �►L �tJRPO �►, 'KENO ^ GML�VT State of California County of Los Angeles On June 20, 2000 before me, Betty Walker, 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. BETTY WALKER Commission# 1152882 z :o Notory Public-CalifOrrdu Los Angeles County etty Walker My Comm.Dp*mSep20,2011 POWER OF A. . ORNEY APPOINTING INDIVIDUAL. ATTORNEY-IN-FACT Know All Men By These Presents,That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania corporation(herein collectively called'the CCC Surety Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint Saundra L. Gingras, Maria Pena, Individually of Los Angeles, California their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof,the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seats to be hereto affixed on this 27th day of March 2000 CONTINENTAL CASUALTY COMPANY =tity'C�wtrl- t 1NSU,4 � �tspr�r a� NATIONAL FIRE INSURANCE COMPANY OF HARTFORD cowoe.trp np r, 40" AMERICAN CASUALTY COMPANY OFREADING, PENNSYLVANIA u SEAL �y - 1057 tr/egF • f i'✓\ Marvin J. Cashion Group Vice President State of Illinois, County of Cook, ss: On this 27th day of March 2000 , before me personally came Marvin J. Cashion,to me known,who, being by me duly sworn, did depose and say:that he resides in the City of Chicago, State of Illinois; that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority. and acknowledges same to be the act and deed of said corporations. 'OFFICIAL SEAL' • DIANE FAULKNER • �f�� F o _ i Ilolary PetbMO, •t•t•of UIInW • My Conwolagfon Espin•9!17/01 My Commission Expires September 17, 2001 Diane Faulkner Notary Public CERTIFICATE I, Mary A. Ribikawskis, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this 20th day of June 2000 . CONTINENTAL CASUALTY COMPANY GAS (OZ �' iNSUq+�,Cf �u �0t4 NATIONAL FIRE INSURANCE COMPANY OF HARTFORD �oMa4re g �dM�•1 AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA te5i � wetFd�° ` • Mary A. Ribikawskis Assistant Secretary (Rev.1011197) Issued In Triplicate Bond No. : 929 158 389 Tract 15858, Alipaz Premium: $649.00 (Private Streets) SUBDfVLSf0N FMTHFUL PERFMMANC:E BOND (GOVERNME,NT CODE . 66499.0 WHEREAS, the City .Council of the City of San Juan Capistrano, State of California, and Kaufman and Broad Coastal Inc. (hereafter designated as "Principal"), haye entered into a 5ubdivision Agreement Whereby Principal agrees to install and complete certain designated public improvements, Which said Agreement dated J !9 and made a part hereof; and WHEREAS, said Principal is required, under the terms of said Agre-men-, to furnish a bond for the faithful performancc of said Agreement; "4 NOW, THEREFORE, we, ehe Principal and American Casualty Company of Reading, Pennsylvania , as Surety, are held firmly bound unto the City of San Juan Capistrano Phereafter called "Obligee"), in the sum of Three Hundred Seventy One Thousand and no/100 ($371,000.00) Dollars, lawful money of the United States, far the payment of Which sum well and truly to be made, we bind ourselves, our heirs, sucecssocs, 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 sand improvements, then the obligation shall. Sc null and vold; otherwise it shall ramain in full force and effect. Surety wanes any rights, if there be any, to require that a demand be made first against the Principal in the e ent of default. BE IT FURTHER RE50LVFDt 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonabl= cxpenses and tees, inc: ding 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 ] t' DATE1 2. Said Surety, for value received, hereby stipulates and agrees chat to 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 20th day of June Ixc 2000 at Los Angeles California. PRINCIPA : Kaufman and Broad Coastal, Inc. y: (NOTARIZATION AND 5EAL) APPROVED AS TO FORM: SURETY American Casualty Company of Reading, Pennsylvania By:� Maria Pena, Attorney-In-Pact CITY ATTORNEY (NOTARIZATION AND SEAL) Page 2 - Subdivision Performance Bond AMERI � ® use a 00 } STATE OF CALIFORNIA }ss. COUNTY OF On r IjkAe. e'l(l , ZOO , befor'e"�mApe, ,C�►rl�Tr1{�f Q S lel G(� personally appeared LI`Y CUt personally known to me 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. Signature U40%401' CHRISTINE S. ADRIAN COMM.*1171 FO QNOTARY PUBLIC-CA54 LIFORNIAORANGE COUNT'COMM.EXP.JAN.25,2002 (This area for official notarial seal) Title of Document Date of Document No. of Pages Other signatures not acknowledged 3008(1%94)(General) Fest American Title Insurance Company "ALIFrORNIA ALL PURPOSE A"CKNOWLEDGMEN! �C i:w.,� ,�:'-?. State of California County of Los Angeles On June 20, 2000 before me, Betty Walker, 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. BETTY WALKER `— Commission# 11Cal528fc)82 Z . Los AngelesCou/nty etty Walker My Comm.bPkes Sep20, 2001 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Pi_.ents, That CONTINENTAL CASUALTY COM PAN , an Illinois corporation, NATIONAL FIRE IMISURANCE COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING, . PENNSYLVANIA, a Pennsylvania corporation(herein collectively called-the CCC Surety Companies-), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint Saundra L. Gingras. Marla Pena, Individually of Los Angeles. California their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 27th day of March 2000 `cuWtl tNSURRM M.a CONTINENTAL CASUALTY COMPANY r t- tgt !A, ito�' 4 NATIONAL FIRE INSURANCE COMPANY OF HARTFORD "Ww re g + mr nAMERICAN CASUALTY C/ /!��%OMPANYtO�FREADING,PENNSYLVANIA d rte �Tf '� V. '' JULY . ° sFJ�L Y �. % S= test Maeho�a ` Marvin J.Cashion Group Vice President State of Illinois, County of Cook, ss' On this 27th day of March 2000 , before me personally came Marvin J Cashion, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois: that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD. and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument: that he knows the seals of said corporations: that the seals affixed to the said instrument are such corporate seals: that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority and acknowledges same to be the act and deed of said corporations. 'OFFICIAL SEAL' D Pubs FAULIWER i No"PtLYa. t•t•t•of Nlnd• • My Cpnniadwr 6mM•• 9/17/01 � My Commission Expires September 17. 2001 Diane Faulkner Notary Public CERTIFICATE I. Mary A, Ribikawskis, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD. and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this 20th day of June 2000 crsw tMsuR CONTINENTAL CASUAL TY COMPANY 4'` <r`o tvpE 4Nc�, uoM°0'"`014 NATIONAL FIRE INSURANCE COMPANY OF HARTFORD a.vou,r. hAMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA mtr n Y 7 g a •coarnurr� v S . SEAL 1891 Mary A Ribikawskts Assistant Secretary (Rov 10/1/97) Issued In Triplicate Premium: Included in performance bond. Bond No. 929 158 389 SUBDIVLSION LABOR AND MATERIAL BOND (GOVERNMENT CODE, SECTION 66499.2) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and 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 15858, Alipaz. Private Streets is hereby referred to and made a part hereof; and WHEREAS, said Principal is Cequired under the terms of said agreement to furnish a bond for the faithful performance of said agreement; NOW, THEREFORE, we, the Principal and American Casualty Company of Reading, Pennsylvania as Surety, are held and firmly bound unto the City of San Juan Capistranc, hereinafter called "City" in the penal sum of Three Hundred Seventy One Thousand and no/100 Dollars ($ 371,000.00 ) 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 obiigatidn 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 b 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 nul! and void; otherwise it shall Sr and remain in full force and effect. As part of the obligation secmred hereby�,�Lla ��to the face amount specified therefor, there shall be included costs and reasonab e e peense�s � fees DATE 1 01 2 I The Surety hereby stipulates ¢nd agrees that no chang^_, extension of time, alteration or addition to tha terms of tfrle agreement or to the work to be performed thereunder or the specifications' accompanying the same shall in any wise affect ics obligations on this bond, and it does her_biy waive notice of any such change, ec:ansicn of time, alteration or addition to the terms of the agreement or to the wark or :o tht spccificac(ons. IN WITNESS WHEREOF, three (3) identical counterparts of this ins:tunanc, each of which shall for all purposes be deemed an original thereof, have been duty executed by the Principal and Surely herein named on t.`,e 20th day of June 4:1__2090the name and carporata seal of each car?era:: -arty being hereto affixed and these presents duly signed by its undersigned rpraenta:i es pursuant,to authority of its governing body, PRI CIP Kaufman and Broad Coastal, Inc By: A P. OVED AS TOF R (NOTARIZATION AND SEAL) 4: � R:CEi�LP.D K• OcVH�1LT2R, CIT'.' ATT0RNcl SURETY : American Casualty Company of Reading, Pennsylvania By Maria Pena, Attorney-In-Fact (NOTARIZATION AND SEAL) NOTE: Please Attach Acknowledgement and Power of Attorney 2 of 2 AMEBIC' it Oe } STATE OF CALIFORNIA }ss. COUNTY OF �p } On 6ct before me, e1hI"'i21 " l/I personally appeared Ll vA'l &, Ww2t c/ ) , personally known to me ( ) 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. Signature CHRISTINE S.ADRIAN COMM.N 1171054 a ••NOTARY PUBLIC.CALIFORNIA 0 ORANGE COUNTY O on` COMM.EXP.JAN.25,2002 (This area for official notarial seat) Title of Document Date of Document No. of Pages Other signatures not acknowledged 3008(1/84)(General) Fust American Title Insurance Company CALLFORNIAA NT State of California County of Los Angeles On June 20, 2000 before me, Betty Walker, 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. - - - - - - - - - - - - UMMIM CmnWm#1152M t=An2e1wCbuntf etty Walker OWCCFML SEPXLM POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These P,,.ents, That CONTINENTAL CASUALTY COMPAN r, an Illinois corporation. NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a Connecticut corporation. AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania corporation (herein collectively called-the CCC Surety Companies'), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint Saundra L. Gingras, Maria Pena, Individually of Los Angeles, California their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof,the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 27th day of March 2000 Y4SUR4M.a CONTINENTAL CASUALTY COMPANY r4' NATIONAL FIRE INSURANCE COMPANY OF HARTFORD cowaurec, y ot»WT AMERICAN CASUALTY COMPANY OF READING.PENNSYLVANIA a t.r n f /V/G Z ,u2 o SEAL � ai 3 tsi a test Qr itaetlor° Marvin J. Cashion Group Vice President State of Illinois, County of Cook, ss: On this 27th day of March 2000 , before me personally came Marvin J. Cashion, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois: that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD. and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument. that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals, that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority and acknowledges same to be the act and deed of said corporations. 'OFFICIAL SEAL' D1&NE ,E9 /1pubiFALIUWER No"No" o, hat.of Illinois • My CiorrwrJuilon 6WMu 9117/01 My Commission Expires September 17, 2001 Diane Faulkner Notary Public CERTIFICATE 1, Mary A. Ribikawskis, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth Is still in force, and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this 20th day of June 2000 - `G/`SWtr INSURq 00,dP- ,� CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READINGPENNSYLVANIA .�. � n Mary A Rtbikawskis Assistant Secretary (Rev 10/1197) Bond No. : 929 158 390 Issued In Triplicat Premium: $158.00 Tract 15858, Alipaz (Storm Drain Improvements 5 DIVL510N FAITHFUL PERFORMANCE BOND (COVERNNE.NT CODE . 66499.1) WHEREAS, the City -Council of the City of San Juan Capistrano, State of California, and Kaufman and Broad Coastal Inc. (hereafter designated as "Principal"), ha,<e entered into a Subdivision Agreement Whereby Principal agrees to install and complete certain designated public improvements, Which said Agreement dated J l9 j and made a part hereof; and `WHEREAS, said Principal is required, under the terms of said Agreement, to furnish a band for the faithful performance of said Agreement; "4 American Casualty NOW, THEREFORE, we, the Principal and Y Company of Reading, Pennsylvania as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), In the sum of Ninety Thousand and no/100 (390 O(1fl nnl Dollars, lawful money of the United States, for the payment of which sum -veil and truly to be made, we bind ourselves, our heirs, sucecssors, executors and administrators, jointly and severally, firmly by these presents_ `NOW, THEREFORE, the condition of this obligation is such that it Principal shall promptly and faithfully perform said improvements, then the obligation shall Sc null and void; otherwise it shall remain in full force and effect. Surety wai•res 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 t'ne face amount specified, there shall be included costs and reasonable expenses and tees, 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 DATEloa42-06 , 2. Said Surety, for value received, hereby stipulates and agrees chat -Io 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 chis bond, and it does hereby waive notice of any such change, extension of time, alteration, or modification of the contract documents o� of Work to be performed thereunder. Executed this 20th day of June Ixpc 2000 at Los Angeles California. PR N CIP L= Kaufman and Broad Coastal, Inc. sy: (,NOTARIZATION AND SEAL) APPROVED AS TO FORM: SURETY = American Casualty Company of Reading, Pennsylvania Maria Pena, Attorney—In—Fact CITY ATTORNEY (NOTARIZATION AND SEAL) Page 2 - Subdivision Performance Bond AMER , .rel 0 } STATE OF CALIFORNIA }ss. COUNTY OF } On _kilu 4DD , before me, ''�"/'�1 V'I�.�1 l2p personally appeared L+'tom t%yt vv([ S , personally known to me 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. Signature ( '�✓� LL �✓� P CHRISTINE S.ADRIAN U ` COMM.01171054 NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY () COMM.EXP.JAN.25,2002'' (This area Im otricial`otanal seal) Title of Document Date of Document No. of Pages Other signatures not acknowledged 3008(1/94)(General) Fust American Title Insurance Company G'A{L".yIFtORNIAaALL'PURPOSEFA"CKNOWLED;GMENT 4: Yv '+s.( $i; State of California County of Los Angeles On June 20, 2000 before me, Betty Walker, 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. 8EffY WALKER `--- Commission# 1152882 Nofory Public-Califomia f Los Angeles County ' etty Walker My COMM.Expires Sep20,2M] POWER OF ATTORNEY APPOINTING INDIVIDI IAL ATTORNEY-IN-FACT Know All Men By These P._cents, That CONTINENTAL CASUALTY COMPANY, an Illinois corporation. NATIONAL FIRE InSURANCE COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA, a Pennsylvania corporation(herein collectively called'the CCC Surety Companies'), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make. constitute and appoint Saundra L. Gingras, Maria Pena, Individually of Los Angeles. California their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 27th day of March 2000 CONTINENTAL CASUALTY COMPANY C/-`U.itl` t`pt INSURq, huy�.•°eNATIONAL FIRE INSURANCE COMPANY OF HARTFORD co�u4rE Qc d ,Ky4j` AMERICANCASUALTY COMPANY OF READING,PENNSYLVANIA � f JULr ri• ; APO r`�''f� "" 1 � SEAL Y '�.� �,v" � IlOi � test Ma.+F Marvin J. Cashion Group Vice President State of Illinois, County of Cook, ss: On this 27th day of March 2000 before me personally came Marvin J. Cashion, to me known, who, being by me duly sworn, did depose and say:that he resides in the City of Chicago, State of Illinois: that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument: that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals: that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority and acknowledges same to be the act and deed of said corporations. : 'OFFICIAL SEAL' : DIANE FAULJ(NER M,drY Rego, Mst•or Imnd. • My cow waslon brie•9/17/01 My Commission Expires September 17, 2001 Diane Faulkner Notary Public CERTIFICATE I, Mary A. Ribikawskis, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this 20th day of June 2000 CONTINENTAL CASUALTY COMPANY ?'�CASWtT` 4\pt iNSURgHc� `uoMO`h NATIONAL FIRE INSURANCE COMPANY OF HARTFORD an.o..,.. AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA ' ^� 7. � g a' .rcpR1OR•rr� 3 ; mfr n• o test taehod° �✓ Mary A Ribikawskis Assistant Secretary (Rov 1011197) Issued In Triplicate Premium: Included in performance bond. 929 158 390 Bond No. SUBMISION LABOR AND MATERIAL BOND (GOVERNMENT CODE, SECTION 66499.2) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and 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 15858, Alipaz. 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 Casualty Company of Reading, Pennsylvania , as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of Ninety Thousand and no/100 Dollars ($ 90-000-00 ) 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, tirmty by these presents. The condition of this obligation is such that, if the above bound Principal, his or its heirs, executors, administrators, saccessors 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 became null and void; otherwise it shall be and remain In full force and effect. As part of the obligation seemred hereto � �tyan to the face amount specified therefor, there shall be included Costs BLEW reasGaaJJb a expscs and fees 4N1 21 aI 2v The 5urety hereby stipulates ¢nd agrees that no change, extension of time, alteration or additlon to th^_ terms of the agreement or to the war's to be performed thereunder or the specifications' accompanying the same shall in any wise affect its obligations on this bond, and it does herby waive notice of any such change, ez:cn;icn of time, alteration or addition to the terrr,s of the agreement or to the work or :e the specifications. IN WITNESS WHEREOF, thre_ (3) identical eount_rparts of this its::umenr, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surely herein named on the 20th day of June :I:9_2090thc namt and corpora-= sial of cath carpera:e arty being hereto affixed and these presents duly signed by its undersigned rprese^,:a:i es pursuant.to authority of its governing bddy. PRI CIP,,.. : Rau£man n#dL Broad Coastal, Inc A P. OVED AS To F R, (NOTARIZATION AND SEAL) 2LCFic\P.D K. OFNUALTER, CLT'f A770RNt; - SURETY : American Casualty Company of r--- Reading,_Pennsylvania Bp: Maria Pena, Attorney-In-Fact (NOTARIZATION AND SEAL) NOTE: Please Attach Acknowledgement and Power of Attorney 2 of 2 AME RIc o� STATE OF CALIFORNIA }ss. COUNTY OF D� } On l Pt-t?. O , before me, [✓VyYl51 t!� Q S n�Lyl personally appeared &,Wa k-et S personally known to me ( ) 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. Signature CHRISTINA S.ADRIAN� () ` COMM.#7177054 (ry v '' NOTARY PUBLIC-CALIFORNIA D ORANGE COUNTY n ,r COMM-EXP.JAN.25,2002'' (This area for official notarial seal) Title of Document Date of Document No. of Pages Other signatures not acknowledged 3008(7/94)(General) Fust American Title Insurance Company- RNIA�fA�L--V.�'RURPOSE-��A�CKNOWL�EDG�MENTt�'��-c 'CALIFID. 'E .1 5M!' 'A State of California County of Los Angeles On June 20, 2000 before me, Betty Walker, 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. BEM WALKER Commission# 1152882 1 Notary Public-California Los Angeles County Betty Walker My Comm. Bores 420,20007 POWER OF ATTORNEY APPOINTING INDIVIDI 'AL ATTORNEY-IN-FACT Know All Men By These F,_sents, That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania corporation(herein collectively called-the CCC Surety Companies'), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint Saundra L. Gingras, Marla Pena, Individually of Los Angeles, California their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bond them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-laws and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 27th day of March 2000 CONTINENTAL CASUALTY COMPANY h''C/ust41tr` `pt 1115UR�6,CF u�rn.ra�, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD t aa•auAMER ICAN�CAASSjU�ALT�Y COMPANY OF READING. PENNSYLVANIA Z cre .eawr+4Tya AMiJ�"`�✓ 1 V. �/��.1�% `L(� u SEAL � �{ �' 1s2 a` 1a97 1ua-ri • Marvin J. Cashion Group Vice President State of Illinois, County of Cook, ss: On this 27th day of March 2000 , before me personally came Marvin J. Cashion, to me known,who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois: that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD. and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument: that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals. that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority and acknowledges same to be the act and deed of said corporations. : 'OFFICIAL SEAL' : DIANE Oslo o F ER • : NourYe, sus.of VLdf gllnda • My Canmisakm Explru 9117/01 My Commission Expires September 17, 2001 Diane Faulkner Notary Public CERTIFICATE 1, Mary A. Ribikawskis, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth Is still in force, and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this 20th day of June 2000 �c'''SLL+tr 1MSU94ncr CONTINENTAL CASUAL TY COMPANY ?4� �c *�aw _.Pp • be ? NATIONAL FIRE INSURANCE COMPANY OF HARTFORD awaoo,r. g yAMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA Zg .,0111014' i ,utr n. l ° SEN- 1697 NpaTF ` Mary A Ribikawskis Assistant Secretary (Rov 1011197) Issued In Triplicate Bond No. : 929 158 391 Tract 15858, Alipaz Premium: $215.00 (Sanitary Sewer) SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE . 66499.1) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Kaufman and Broad Coastal Inc. (hereafter designated as "Principal"), haKe entered into a Subdivision Agreement Whereby Principal agrees to install and complete certain designated public improvements, which said Agreement dated J 13 and made a part hereof; and WHEREAS, said Principal is required, under the terms of said Agre-men:, to furnish a bond for the faithful performance of said Agreement; NOW, THEREFORE, American Casualt we. the Principal and y Company of Reading, Pennsylvania , as Surety, are held firmly Sound unto the City of San Juan Capistrano lhertafter called "Obligee"), In the sum of One Hundred Twenty Three Thousand and no/100 ($123,000,00) Dollars, lawful money of the United States, for the payment of which sum yell 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 t.us obligation is such that if Princtpal shall promptly and faithfully perform sand Improvements, then the abligation shall be nail and void; otherwise it shall remain in full force and effect. Surety waives any rights, if there be any, ca require that a demand be made first against the Principal in the ejent of def aul t. BE 1T FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to tae face amount speeiLed, there shall be included costs and reasonable expenses and tees, including reasonable attorney's fees, incurred by City in successfully eafacrung such obligation, a:� to be taxed as costs and included in any judgment rendared_ RELEASED DATE 2. Said 5urety, for valu)e received, hereby stipulates and agrees 0, at ,zo -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 o: of work to be performed thereunder. Executed this 20th day of June lxic 2000 at Los Angeles California. PRINCIP aufman and Broad Coastal, Inc. By: (NOTARIZATION AND SEAL) APPROVED A5 TO FORM: SURETY : American Casualty Company of Rea Pennsylvania By: Maria Pena, Attorney-In-Fact CITY ATTORNEY (NOTARIZATION AND SEAL) Page 2 - Subdivision Performance Bond AMEBIC' 00 STATE OF CALIFORNIA } }ss. COUNTY OFQ } On DD , before me, personally appeared U r personally known to me (o ) 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. Signature CHRISTINE S. ADRIAN� Q �• COMM.#1171054 (� �w NOTARY PUBLIC-CALIFORNIA g ORANGE COUNTY 0 .„ w COMM.EXP.JAN.25,2002 (This area for official notarial Seal) Title of Document Date of Document No. of Pages Other signatures not acknowledged 9009(1194)(General) Fust American Tine Insurance Comaary. CA.,�.r3 "CKm�NYOW; =t`sLvE??D�Grf.1M�#xE.�.�NYNI. AL A s hsv State of California County of Los Angeles On June 20, 2000 before me, Betty Walker, 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. sem WALKM 1=92 N0k ryPWoc-camomta UA*K *"C0unly etty Walker q**CGRMBPhZS0P2%2M1 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These P._-ents, That CONTINENTAL CASUALTY COMPAN, an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA, a Pennsylvania corporation (herein collectively called"the CCC Surety Companies'), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint Saundra L. Gingras, Maria Pena, Individually of Los Angeles, California their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-laws and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 27th day of March 2000 �oUutLT 0ISUR4M0CONTINENTAL CASUALTY COMPANY �4' ttpt �C� h�ud°0i 4 NATIONAL FIRE INSURANCE COMPANY OF HARTFORD onarr r, AMERICAN CASUALTY COMPANY �OOFF`F RRE}ADING.PENNSYLVANIA mtr n, ; �jy`�' 1 tz° SEAL � 'a. � .; � tst reef 4 Naehop° ' Marvin J. Cashion Group Vice President State of Illinois, County of Cook, ss: On this 27th day of March 2000 before me personally came Marvin J. Cashion, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois: that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD. and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument. that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals, that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority and acknowledges same to be,the act and deed of said corporations. "OFFICIAL SEAL" DIANE FAULKNER � Mob"PtdYo, fltau of 191nd. • My CowaWuloo Exiii 9117101 My Commission Expires September 17, 2001 Diane Faulkner Notary Public CERTIFICATE I. Mary A. Ribikawskis, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this 20th day of June 2000 CUW iNSUR CONTINENTAL CASUALTY COMPANY �.��' <r` tsps 4NCp narr°x4 NATIONAL FIRE INSURANCE COMPANY OF HARTFORD o AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA �' :o,,.�..� 2 7 € a �vtpP1Oa.r JULY 11 o SEAL S 3 is : rest 4 NaetFo�o � Mary A. Ribikawskis Assistant Secretary (Rov 1011197) Issued In Triplicate Premium: Included in performance bond. Bond No. 929 158 391 SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT QODE, SECTION 66499.2) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and 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 l9_� and identified as Project Tract 15858, Alipaz. Sanitary Sewer 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 Casualty Company of Reading, Pennsylvania , as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of One Hundred Twenty Three Thousand and no/100 Dollars ($ 123,000.00 ) 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 obligatidn 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 seemred hereby MWLEASMa the face amount specified therefor, there shall be Included costs and rtascnab e e.nses fees e DATE( Q 1 of 2 (M — INI v" _ The Surety hereby stipulates #nd agrees that no change, exttnsion of timc, alteration or addition to chi terms of t$c agreement or to the wor',4 to be performed thereunCer or the specifications' accompanying the same shall in any wise affcc: its obligations an this bond, and it does hereby waive notice of any such change, ex:cn;ien of time, alteratial or addition to the terms of the agreement or to the work or to tht soccificatians. IN WITNESS WHEREOF, thrc't (3) identical counterparts of this inst;umenc, tach of which shall for all purposes be deemed an original thereof, have betn duly executed by the Principal aid Surely herein nam cd an the 20th day ac June :IA20Q0thc name and corporate seal of each c^rpera:c ;ar:v being hereto affixed aid these presents duly signed by its undersigned r_praen:a:i 1=3 pursuant•ta authority of its governing bddy, PR NCIP L : Kaufman and Broad Coastal, Inc By: _&w� A P. /O/VED AS TO F R' (NOTARIZATION AND SEAL) . � 3_CHeiP.D K. DcrHALT^e3, CIT'! :�TT_ORN—c� SURETY : American Casualty Company of " : " — is By: Maria Pena, Attorney-In-Fact (NOTARIZATION AND SEAL) NOTE: Please Attach Acknowledgement and Power of Attorney 2 of 2 AMERI � i } STATE OF CALIFORNIA COUNTY OF W } On pe, DD , before me, personally appeared U S personally known to me ( ) 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. Signature L CHRISTINE S.ADRIAN; U COMM.uTtt'o' 0 �.. �NOTARY PUBLIC-CALIFORNIA 7 ORANGE COUNTY n +u COMM.EXP.JAN.25,2 2Z2� (This area for official notarial seal) Title of Document Date of Document No. of Pages Other signatures not acknowledged 3008(1/94)(Genera" Fest American Title Insurance Company State of California County of Los Angeles On June 20, 2000 before me, Tracy Aston, 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. TRACY ASTON Commission# 1219562 Q'y NotaryPub1lC—Colifomla Tracy Aston Los Angeles County Comm.Expires May 15,2003 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Pr—ents, That CONTINENTAL CASUALTY COMPAN., an Illinois corporation, NATIONAL FIRE ASURANCE COMPANY OF HARTFORD, a Connecticut corporation. AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA, a Pennsylvania corporation(herein collectively called'the CCC Surety Companies'), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint Saundra L. Grngras, Maria Pena, Individually of Los Angeles, California their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 27th day of March 2000 �GASUA4)r nISUR4y 1,ro CONTINENTAL CASUALTY COMPANY r1t^ r tempt CF. �t,-0° M1 NATIONAL FIRE INSURANCE COMPANY OF HARTFORD cowonerE 0 �yrcyyr AMERICAN CASUALTY COMPANY [O OF READING, PENNSYLVANIA % to rUtr n. Awo t/ o SEAL '�. Il02 4r [4197 tia971d1° Marvin J. Cashion Group Vice President State of Illinois, County of Cook, ss: On this 27th day of March 2000 before me personally came Marvin J. Cashion,to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois. that hes.a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD. and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument, that he knows the seals of said corporations: that the seals affixed to the said instrument are such corporate seals: that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority and acknowledges same to be the act and deed of said corporations. 'OFFICIAL SEAL' DUWEmp of mob"i mob" PtdYo, amp of Illlnds • M`/CowaWas om 6alra 9/17/01 My Commission Expires September 17, 2001 Diane Faulkner Notary Public CERTIFICATE I, Mary A. Ribikawskis, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this 20th day of June 2000 v G'�w<r iNSURq �r cx CONTINENTAL CASUALTY COMPANY r1T �O tvpt •C�„ a`c9t� 0';w NATIONAL FIRE INSURANCE COMPANY OF HARTFORD �, a.vo.,rr 2 7 r, ♦C�fO14rr AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA e ZUlY 3 ° sEnL � �� 700:11, a 1097 N?Ith • Mary A Ribikawskis Assistant Secretary (Rev 10/1197) Issued In Triplicate Bond No. : 929 158 392 Street Monuments Premium: $50.00 Tract 15858, Alipaz 5118DNL510N FAITHFUL PERFOP.MANCF. BOND (GOVERNME.NT CODE . 66499.1) WHEREAS, the City .Council of the City of San Juan Capistrano, State of California, and 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 ;aid Agreement; Principal and American Casualt NOW, THEREFORE, we, they Company of Reading, Pennsylvania , as 5urety, are held firmly bound unto the City of San Juan Capistrano thereafter called "Obligee"), In the sum of Fifteen Thousand and no/100 ($15,000.001. Dollars, lawful money a1 the United States, for the payment of which sum well and t my to be made, we bind ourselves, our helrs, successors, executors and administrator, jointly and severally, firmly by these presents. NOW, THEREFORE, the candicion of this obligation is such :hat if Principal shall promptly and faithfully perform sand improvements, then the obligation shalt 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 e.ent o! default. BE IT FURTHER RESOLYOD: 1. As a part of the obligation secured hereby, and in addition to r..c face amount specified, there shall be included costs and reasonable expenses and fres, lnauding reasonable attorney's fees, incurred by City in successfully enforcing such abligation, all to be taxed as costs and included in any judgment rendered_ RELEASED DATE la 2. Said Surety, for valub received, hereby stipulates and agrees chat no change, extension of time, alteration, or modification of the contract documents or of the Work to be performed thereunder, shall iri 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 20th day of June Ixpc 2000 at Los Angeles California. PRINCIPAL: Kaufman and Broad Coastal, Inc. By: (NOTARIZATION AND SEAL) APPROVED AS TO FORM: SURETY American Casualty Company of r -- Reading Pennsylvania By: 1Pa Maria Pena, Attorney—In—Fact CITY ATTORNEY (NOTARIZATION AND SEAL) Page 2 - Subdivision Performance Bond . r QST AME RSC' 0 STATE OF CALIFORNIA ! q p }ss. COUNTY OF On / b'eforre,�me, �j(/)V 15� t rt Q � -fidy1 � personally appeared LY /W personally known to me ( ) 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. Signature QCHRISTINE 11DRIAN SCOMM.p .AAD 4 NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY n COMM.EXP,JAN.25,2002 (This area for official notarial seal) Title of Document Date of Document No. of Pages Other signatures not acknowledged 3000(1194)(General) Feat American Title Insurance Company F. State of California County of Los Angeles On June 20, 2000 before me, Betty Walker, 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. gEf(y WALKER �` m82 commission# 11528 NotoryPubfic-Callfomto Los Angeles County Betty Walker W Comm.Exp res Sep POWER OF ATTORNEY APPOINTING INDIVIF 4L ATTORNEY-IN-FACT Know All Men By These H,esents, That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE �r INSURANCE COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA, a Pennsylvania corporation (herein collectively called`the CCC Surety Companies-), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint Saundra L. Gingras, Maria Pena, Individually of Los Angeles, California their true and lawful Attorneys)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and an their behalf bonds, undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 27th day of March 2000 `GASUgtr tNSUR� Mw CONTINENTAL CASUALTY COMPANY rP r tsp1� NCS., h tom' M NATIONAL FIRE INSURANCE COMPANY OF HARTFORD r�, c,mron.rE g �` MctArW1 AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA JVILV III � tl&tom 0 SEAL IE97 laeho�° Marvin J. Cashion Group Vice President State of Illinois, County of Cook, ss: On this 27th day of March 2000 , before me personally came Marvin J. Cashion, to me known,who, being by me duly sworn, did depose and say:that he resides in the City of Chicago, State of Illinois: that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD. and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument. that he knows the seals of said corporations{ that the seals affixed to the said instrument are such corporate seals: that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority and acknowledges same to be the act and deed of said corporations. : 'OFFICIAL SEAL' DIANE FAULKNER : Nosy PttEllo, nkat•of tnlnd• • My ConwNadon Expire 9117/01 ; My Commission Expires September 17, 2001 Diane Faulkner Notary Public CERTIFICATE I, Mary A. Ribikawskis,Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD. and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certdy that the Power of Attorney herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this 20th day of ,Tune 2000 . GAsW 1NSUR00'-&'Az� CONTINENTAL CASUALTY COMPANY ?.�1-� tTA tspt ��Cp NATIONAL FIRE INSURANCE COMPANY OF HARTFORD r' AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA � �oe.o....0 ' lent NANTF Mary A Rlblkawskis Assistant Secretary (Rev 1011197) 12/31/09 28:8922 866-911-6977 -> To: 999-993-1853 Page BBI RECi17 "a1 --f) NOTICE OF CLASS CERTIFICATION AND NOTICE OF PARTIAL S)2494.iy U A 10: 22 TO. CLASS OF RECIPIENTS OF FAXED ADVERTISEMENTS RECEIVED FROM ACS SYSTEMS 1 4C, DATAMART INFORMATION SERVICES CORP.AND JOSEPH GIRD, Ji1iu JJ RE. KAUFMAN V.ACS SYSTEMS INC„ET AL. LOS ANGELES SUPER(OR COURT CASE NO.OC 2225XX INTRODUCTION, YOU ARE NOT BEING SUED. YOU ARE RECEIVING THIS NOTICE BECAUSE YOU ARE A CLASS MEMBER IN A CLASS ACTION LAWSUIT THAT HAS BEEN FILED UNDER THE TFI FP/IONF.CONST IMFR PR OW..CTTON ACT OF 1991('TC:PA"). TTaLS CI.A.S.S ACTION I.A W SI IIT ALLEGES THAT DEFENDANTS IN THIS CASE SENT UNSOLICITED FAXED ADVERTISEMENTS RECEIVED BY YOU, TILE PURPOSE OF THIS NOTICE IS TO ADVISE YOU OF TILE STATUS OF THIS LAWSUIT,OF CERTAIN LEGAL RIGHTS THAT YOU HAVE,AND OF THE TERMS OF A PROPOSED PARTIAL SETTLEMENT W MI CERTAIN DEFENDANTS. PLEASE READ TWS NOTICE CAREFULLY BECAUSE IT AFFECTS YOUR LEGAL RIGHTS. IF YOU STILL HAVE QUESTIONS,YOU MAY CALL THE THIRD PARTY ADMINISTRATOR IMPLEMENTING THIS SETTLEMENT AT.(877)5647080. I. PR TOR PROCEEDINGS AND STATUS OF CA SE/PROPOSED SETTLEMENT. Plaintiffs Garry O.Kaufman and Vena Inc.tiled thin clans aaron lawsuit against ACS Systems Inc.("ACS"J,DalMan Intomatmon Scrvtem Camp,and Joseph Gedwood(colloctwely"Dclwddrta")in the Supmor Coum Stare of California,County of Los Angela,on behalt of themselves,on behalf of the public and on behalf of a class composed of the recipients of cenam unsolimod flood advenremwle regarding ACS,alleging this Uclwdarte violated the-ICFA and other laws,by sending ouch unsolicited fixed advertisements. Defendants have filed Answers denying these clams. On April 5,21XN,the C:oun cat died a clave cereietmg of 8,216 clave numbers who received a total of 13,919 fated advatiemrnle by,frau or through Dcfmdmb ('The Clens"). The lead class counsel representing the Class s Nicholas.P.Cmnon of Cannon&Wood LLP,One Wilshire Bouelvard.Suite 2200,Los Angela,CA 90017,togetherwith co-counsel Scat Z.Zimmermann of Zimmermann Kolmer Comolley&Fmke1 LLP, 19%)Avenue of the Stare,Suite 2375,Loc Angela,CA 90067("Class Counsel"). Defendants DetaMut hdormatlan SCrvleea Corp.and Joseph Oudwood C'thc DdaMw Dettadams")have reached a propos ad set lenient with Plaint ills and the Class(generally described below),which settlement has been tentatively approved by the Coat. Notwithetmdmg tine swlmcnt,the lawsuit will continue to be proacuuod against ACS and imam other companies related to ACS who have also been named as detendms,Micro General Corporation,Fidelity National Information Solmioa, Inc,and Fidelity National Financial Inc.(collenwey"the ACS Defendants"). 2, YOUR Cl IOICES REGARDING TI I IS CLASS ACTION LAWSUIT. Option No. 1. You may be represented by Class Counsel. To select this allow,DO NOTI TING. You automatically will be included in this lawsuit and wd)be represented by Cless Counsel. Thus,it the core a won or settled by the Close,yen will benetle tram the relief.Similarly,if the use is last,you will be bound by the dews ion and may nes pursue a separate we on your own thereafter. U your prowl address drown lTau d¢address to which this Notice win scut or d you did n%receive this Notice by mail,please said your current address to L'onnw&Wood LLP a the address listed above. Option No.2. You may be included in thin lawsuit and be represented by another attorney chosen by you.It you select this option,your rights,or lack of rights,still will be dacnemcd by the laweui.Thus,if the we a wen an eatlod by the Clue, you will beneth from the relief.Similarly,it the we is last,you will be bound by the dewsim and may nes pursue a separate case on your own thereafter. It you opt to select your own morney,you may be responsible for legal tees and costs payable to thin wrorney m addaiw io My tea Md Carie wluch may be awarded io C'Liss Cmmsel To eelea this opum,you Must serve wrinai notice of your decision on Cannon&Wood LLP,d the address luted above,within thirty(30)days of the post-mark ten [hen Notice(it Notice was received by melt or within thmy(3U)days of the due than the Notice was faacd to yes,whichwa as Ida. Option No.3.You may elan to opt out a this clan action lawsmt aid nes be mcaded a spent ofthe Class. Ifyou scloel the option,your rights,or Hoek of rights,wdl=be dcf=mod by tine lawsuit. You wdl Mg be cmlillod to my recovery the may be obtained in thin lawsuit ether by settlement or byjudgmem. To select this option,you must serve written notice of your decision to opt out on Connor&Wood LLP,A the aftese hatod above,within tholy(30)days of the put-mark for this Notice(it Na ice was received by mai)at flurry(30)days of the date then this Notice was foxed to you,whichever is later. The V �� (S 12/31/84 28:89:52 B66-411-6977 -> To: 949-493-1BS3 Page 802 written request to opt out of the lawsuit must stale your time and add-as and that you clod to be ucludod from the Class and not be bommd by any determuuinons a resets m Kaltman v ACS Systems.Inc a al.Lee Angeles Supumr C'oult Case No PC 222588,and you must sign and date t. Cleve Counsel will provide a copy of each Request for Exclusion to the moneys for Defendants and to the Court. 3. ATTORNEYSFEES AND COSTS. You are not required to pay awry adomcys'fca or liigsnon costs in order to participate in amember of the Clave, unless you wish to be represented by an storney other than Class Counsel. Close Counsel would to seek an order tram the Court awarding reasonable atlange'rote and reimbursement for the cote marred in pracoutmg the lawsuit If they am euceaefui ether on reselling a settlement with Defendants or in obtaining a favorable judgment In court on the melts of the ase. 4. TERMS OF PROPOSED PARTIAL SETTLEMENT W ITU MIE DATAMART DEFENDANTS. Subfar to final Court approval,the Cleve mid dm DmaMW Defendants here allowd on AIadament under wluoh the DueMart Defendants will do the following- e. Pay&settlement amount of$1,250,I4kL0). b. Comply with theterms of a Permanent Injunction tobe ssuedby the Cowl which prevents the DataMan Defendants from violtmg the TCPA and requires than to take various elcps to oductc the advertising community and prevent lmsobcoed taxed advertising trolu being conducted C. Closs Counsel shall receive five hundred thousond dollop($5W,000.00)ter moneys'tees plus$36,483.W as rai mbursoment of htiffatiol mots that Close Counsel have incurred and paid in leti ffsing the lawsuit,to be pond by the DaaMan Dctmdaoe out of the$t,250,000,00 tors eattcmart annum. In addition,Clave Coaactshall site rocavc$75,000.00 as payment and reimbursement for the casts to Implement this settlement,to be paid mot the S 1,250,(kk).(kl total settlement amount, d. After payment to Clave Cuunscl in provided in Panlpaph 4(c)above,the rcmammg$638,516.40 will be distributed as follows' I. Each class membermust submit a Claw Form tithe chats member wishes to receive lu"Wits portion of the settleroenl pmcmde. Each else@ member who su6mie s Claw Form shall receive$45.87 for each fund advertisement that the elms member roocwed from the OKAKM Defendants(nes to etocod the number of turd advcrtectucras per tail telephone number M Riffled in the records of the DataMad Defendants). Each class member must do the following to rccewc his/ha/its portion of the @mlerneln proceeds: (1) complete in full the enclosed,pre-printed Claw Folin, (2) sign and date the Claim Form under penalty of perjury;and (3) marl the complefed,sipod and dated Claw Form vis Fust Close Mail,postage prepaid, or Certified or Registered Mail,Return Receipt Requested wall all postage prepaid m' Kaufman v.ACS Systems 60111cmert Administrator do Rus Consulting,Inc. P.O. Box 1742 F'aribaWl,MN 55021-1742 The Clain Form mual be pwlmwked no Wer than Ih.Ay(30)calendar days from the pwl-mak fou Thr Notice(ifrexwcd by mail)orthuly(30)calendar days from the die the Notice was food to you,whichever date is Iter; PLEASE BE ADVISED THAT,IF YOU DO NOT TIMELY SUBMIT A PROPERLY COMPLETED CLAIM FORM,YOU WILL NOT BE ENTITLED TO ANY RECOVERY TINDER TATS SETTLEMENT. HOWEVER,YOU WILL BE BOUND BY THE TERMS OF THIS SETTLEMENT,INCLUDING THE RELEASE OF CLAIMS AGAINST THE DATAMART DEFENDANTS,UNLESS YOU AREA CLASS MEMBER WI 10 TIMELY OPTED OUT OFT]IIS CLASS ACTION LAWSUIT IN THE MANNER SET FORTH IN PARAGRAPH 2 IN THIS NOTICE OR UNLESS YOU TAMELY OPTED OUT OFT]IIS SETTLEMENT IN TIE MANNER SET FORT]I IN PARAORAPI 14(0 OF MIIS NOTICE BELOW. 2 12/31/04 20:10:16 866-411-6977 -> To: 999-493-1OS3 Page 083 (4) Cash or deposit the oallamml chock wthn etoly(60)calendar days from the dale eltod on the settlement check Any settlement checks not cashed o deposited within story(60)days item as date shag he null and void,and the member of the Cleve shall nor be mtrllod to mocwc my settlement proceed@. e. To the extent the there ere my settlement proceeds the remain ager distributions are made to the members of the Class m provided an Paragraph 4(d)(1)through(41 all ramming settlement proceed@ shall be handled se follows.rertdual sa[lemem proceeds shall be distributed as follows:residual senlement proceeds shall be paid into and held in the Client Tenet Account of Cannon&Wood LLP until ouch tunic as the Count detamince and orders how those horde should be distributed upon final dtsposeion of the lawsuit u to all detmdm[n;and f If you wish to be occluded bars the sdtlament,you must make a written request for exclusion and mail the written request vu Fust Class Mail,postage prepaid,or Certified or Registered Mail,Return Receipt Requested,wah all postage prepaid to Nicholas P.Corson of Contin&Wood LLP at the add ins listed above iso that it is postmarked no Iia than thitty (30)calendar days tram Oe post-mark for the Notice(it roxwcd by iniad)a thirty(30)ealandm days flow the disc[lie Notix was faxed to yoµwhichever dme a lea. The written request for exclusion must state your name,your current address and that you elect to be mcmdod from[be settlement with the DasaMm Dctmdmte in Kmfiman v,ACS Systems,Inc.a al..CWforris Superior Count Cue No.OC 222588,and it must be signed and deed. Class Counsel will provide a copy of each Request to Exclusion to the attorneys for Dcfandants and the Court. If amamber of the Cleve timely elects to be occluded from the settlement,[he member of the Class will nes be onuledto receive my at the benefies or proceeds of the settlement and will nee be bound by the lame of the ecttlamenl. If the ectticmml n mpprovod by the Court,the mombm of the Clme wig no Imgm be represented by Class Castanet and will be regmlred to pine my mdNidual claim through his/her/as own separate counsel or an hie/ha/tet own. g. If the Court approves the proposed settlement,and if you have not opted out of the class anion lawsuit and have not opted out of the settlement,you will be parmatantly procludod from pursuing an your own behalf orwmh in m representative of others,my clam you may have against[be DetaMm Defendants regarding the issues raised or claims toned in the lawsuit,or my related teeuce or clams the could have boon raacd therein. You will be deemed to have rcicmod my clam you may have against the DreMm Defendants regarding the claims raised in the class action lawsuit or my related claims that could have been rated lhacurt. S. SFTII,E NT FAIRNESS HEARING, Close Counsel have filed declensions and papers with the Court in which they describe the reasons that Clue Counsel believe the the proposed settlement with the DateMm Defendants is kit the best interests of the Clue. to essence,the declarationshows(a)that the attorneys tar the Clean.particularly Nichols P.Connor,have significant experience lnrga mg on behalf of large classes,(b)that the injunctive relict obtained in the proposed settlement bring;an bmmodrec halt to all of the prey ices of the DeaMm Defendants challenged in the lawsua;(c)the value to the class of obtatnmg m immediate and certain half to the allegedly illegal practnece and mommy relief from lbs DalaMa t Dcfandanls,who,bocmee of their finnieul resources,would likely otherwise became rasolvew it a judgment for the full amount of the[dal potential relief were obtained; and(d)Ihm it net always posible m litigation then m enlnc cmc ought be lee idlhac re no edtlammt. The Cart will hold a lioness hearing in Department 323 of the Superro Cart,County of Los Angelo,600 Smith Commonwealth Avmuq Los Angors,Cablorms,at 9:45 a.m.,on March 24,2(X)5,to determine whether,a recommended by Close Counsel,the Court should approve the propos oil settlement. Obj eatos to[he proposed settlement by members of the Class who have no lately delivered or mailed a Request for Exclusion from the settlement will be considered by the Court,but only it such objections we tiled in wring with the clerk, either in person or by mail,and received on or before February 23.2(X)5,and copies me sent by mail to Nicholas P.Cannon of Corson&Wood LLP,the lead class connect,d One Wilshire Boulevard,Suite 2200,Los Angeles,California 90017,and to David Epstein of Efsten.Thmer&Song LLP,cause)for the DetaMm Defendants,m 5750 Wilshire ONQ Suite 560,Los Angeles,CA 90036. Altmdanec t the heaong a not ncceeary,however,clave members washing to have that obit mums hand orally should indicate in that whim objections that m entim to appear and be heard at the hearing Class member who support the proposed satlamcml do not need to appear d the hearing intake my other action to indicate them approval. 3 12/31/04 Z0:1O:45 866-411-6977 -> To: 949-493-1853 Page 004 6. ADDITIONAL INFORMATION. Any questions you have about the matters m the notim should Jlm be ducntcd to the Court. You may call the thud patty administrator wplwentmg the emlciumt at:(877)564-7080. You may review the docturam and other infarmtion at the web ode of Courtin&Wood LLP,which is www.connonwood.rom. At the awe web etc you also may review a copy of the above-described Plamtnls'Fust Ammdcd emrplamt m the laweut and the abovedoombod declarasm by Nicholas P.Cannan staling the reasons the Clave Cousin]believe the the propmod sottlerrmt of in the best mtercids of the Clue and the biographical information regarding Mesare.Connor and Zmvrmrenn and their law fame. Finally,afba tdiaukg the foregoing resources in the fuel instance,if you have further questime,you may direct your questions 1R87ffi81{to Nicholas P.Comm of Connor,& W ood LLP,the lead muse]for the Chem,t One Wilshire Boulevard,Suite 2200,Lm Angcics,California 90017. The details of the alxwo-ord lined edtl=ml are ed forth in a Celllmmt Agrew ml.,which v pmlod t www ormnmwnnd enm You may,seek the advice and guidance of your own attorney regarding this matter,it you co desue. You may also learn of the Court's ruling and situs of the satlorert m the Connm&Wood LLP website it www,c"mwoaf.cam. THIS ENTIRE NOTICE AND ITS CONTENTS HAVE BEEN AUTHORIZED BY THE HONORABLE CHARLES W. MC'C'OV„JUDGE OF THE SUPERIOR COURT FOR THE COUNTY OF LOS ANGELES.THE COURT HAS TAKEN NO POSITION ON THE MERITS OF THE CLASS'CLAIMS OR DEFENDANTS'DEFENSES TO THESE CLAIMS. DATED-Oaober 27,2000 CLERK OF COURT Superses Coast, County of Los Angeles 6th S.Cmummw alth Avenue Loo Angeles,Cabtmiia9OW5 4 1Z/31/04 28:11:16 866-411-6977 -> To: 949-493-1853 Page 805 CLAIM FORM CLAIMANT INFORMATION KALFMAN AND VANS.INC.v.ACS SYSTEMS.ET AL Las Angeles Superior Court Case No.BC 2225M THIS FORM MUST BE POST-MARKED NO LATER THAN 30 DAYS AFTER:(1)THE POSTMARK ON THE ENVELOPE CONTAINING THIS FORM,IF RECEIVED BY MAD.;(2)THIS FORM WAS FAXED, WHICH EVER OCCURS LATER IT MUST BE MAILED TO THE ADDRESS SET FORTH BELOW. This Claim Form is to be used to make a claim in the Class Action entitled Kaufman,ot at.v.ACS Systems.Inc.,ot al..Los Angeles County Superior Court,Case No.BC 222588(the"Actiod�. This Claim Fornr can be submitted by certain individuals or businesses who received unsolicited faxed advertisements from Defendants in the Action. If you believe that you fall within this class as def red in the Notice which accompanies this Claim Form,you have the choice to make a claim or decide not to do so. If you wish to make a claim and receive payment pursuant to the terms of the Settlement Agreement,you most complete and sign this Claim Form under penalty of perjury at the place designated as"Authorised Signature"and read this Clams Form to the address set forth below. Once you have completed and signed the Clain Form,mail this form to: Kaufman v.ACS Systems Settlement Administrator c/o Rust Consuking,Inc. P.O.Boz 1742 Faribauk,MN 55021-1742 1 hereby submit this Clain Form undorthe terms of the Settlement Agreement described in the Notice. I also submit to the jurisdiction of the Los Angeles County Superior Court with respect to this claim. The full and precise terms of the settlement are contained in the Settlement Agreement filed with the Court,and I understand that I am bound by these terms. I further acknowledge that I am bound by and subject to the terms of any judgment that may be entered in the Action,and I also agree to be bound by the dispute resolution procedures set forth in the Settlement Agreement. I agree to furnish additional information to support this claim if required to do so. I declare under penalty of perjury under the laws of the State of California that I am authorized to submit this Clain Form on behalf of the Claimant listed above. Dated: Anthoriaed Signature Print Name Print Title 14/31/84 20:11:42 866-411-6977 -> To: 949-493-1853 Page 886 REQUEST FOR EXCLUSION KAUFMAN AND VANS.INC.v.ACS SYSTEMS.ET Al. Los Angela Superior Court Care No.BC 2225M THIS FORM MUST BE POST-MARKED NO LATER THAN 30 DAYS AFTER:(1)THE POSTMARK ON THE ENVELOPE CONTAINING THIS FORM,IF RECEIVED BY MAHti(2)THIS FORM WAS FAXED, WHICHEVER OCCURS LATER. IT MUST BE MAH.ED TO THE ADDRESS SET FORTH BELOW. This Form is to be used to request to be excluded as a class member from the Class Action entitled Kaufman.et al.v.ACS Systems.Inc..et al..Los Angeles County Superior Court,Case No.BC 222588(the "Action"). If you do not want to be included as a part of the class in the Action that has been certified,you should complete this form and mail it to the following address: Nicholas P.Comma Cocoon&Wood LLP One Wilshire Boulevard,Sake 2200 Loa Angeles,CA 90017 1 hereby submit th is Form and request that I be excluded as a member of the class in the Action. I understand that by doing so I will not be bound by any£coal judgment that may be entered in the Action. I also understand that I will not be entitled to receive any proceeds from any judgment that may be entered in the Action or any settlement that may be reached in the Action. Name of Class Member: Address: Telephone:, Fax#: I declare under penalty of perjury under the laws of the State of California that I am authorized to submit this Form on behalf of the Class Member identified above. Dated: Authorized Signature Print Name Print Title DATEIMMtDDNY) A CORD 1212912OW ............... PRODUCER 213-630-3200 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION AGO R&A Serviies,Inc.of Southern California ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance Services HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 707 Wilshire Boulevard ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 6000 COMPANIES AFFORDING COVERAGE --y— Los Angeles CA 90017 COMPANY (Occ . A CONTINENTAL CASUALTY CO INSURED Kaufman and Broad Home Corp. COMPANY Kaufman and Broad Coastal,Inc. B AMERICAN INTL SPECIALTY LINES 100 Bayview Circle,Suite 100 COMPANY Newport Beach,CA 92660 C AMERICAN CASUALTY CO OF READING COMPANY L ............. 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. � POLICY EFFECTIVE POLICY EXPIRATION co TYPE OF INSURANCE POLICY NUMBER DATE IMMMONY1 DATE tMWOONY! LTR DATE'. "",I LIMITS B GENERAL LIABILITY BE8198547 05/01/2000 05/01/2001 GENERAL AGGREGATE $ 5,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGO $ 51000,000 CLAIMS MADE 1XI OCCUR PERSONAL&AOV INJURY $ 5,000,000 X OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 51000,000 X SIR-$1,500,000. FIRE DAMAGE(Any one tire) 41 No Coverage MED EXP Any one person) $ No Coveraqe A AUTOMOBILE LIABILITY BUA196030696-AOS 05(0112000 0510112001 COMBINED SINGLE LIMIT $ 1,000,000 X ANY AUTO ALL OWNED AUTOS BODILY INJURY S SCHEDULED AUTOS P.,person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS P.,.cddnt) PROPERTY DAMAGE $ AGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ GARAGE AGGREGATE $ B �EXCESS LIABILITY BE-8198547 05/01/2000 05/01/2001 EACH OCCURRENCE $ 5,000,000�c X UMBRELLAFORM AGGREGATE $ 5,000,000 THEIR THAN UMBRELLA FORM 05/01/2000 05/01/2001 X WC STAT )OTH C WORKERS COMPENSATION AND WC196030679 j-jj 1 OETR H- JQRY LIMIT EMPLOYERS'LIABILITY EL EACH ACCIDENT $ 2,000,000 THE PROPRIETOR/ X INCL EL DISEASE POLICY LIMIT $ 2,000,000 PARTNERS/EXECUTIVE OFFICERS ARE: EXCL FEL DISEASE EA EMPLOYEE 4 2,000,000 DESCRIPTION OF OPERATIONS/ ICLES/SPECIAL ITEMS Ref:Alipaz,Tr40 — Certcate holder Wadditional, Ed to the general liability as respects to all operations of the named insured. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of San Juan Capistrano& EXPIRATION DATE THEREOF, THE ISSUING COMPANY V1%_L ENDEAVOR TO MAIL Capistrano Valley Water District 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, EXCEPT 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 92676 OF ANY KIND UPON TXE C PANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE II Ad 0�z"oft3468: , Ods83346416 POLICY NUMBER: BE 8198547 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& Capistrano Valley Water District 32400 Paseo Adelanto San Juan Capistrano, CA 92676 (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. Ref: Alipaz - Tract#15858 and 15998 CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 Alk A CORD "TE- ....... . 12/2912000 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Ann Risk Services,Inc.of Southern California ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance Services HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 707 Wilshire Boulevard ALTER THE COVERAGE AFFORDED BY THE POLICIES MOW. Suite 60M COMPANIES AFFORDING COVERAGE XA5 Angel"CA W017 COMPANY A CONTINENTAL CASUALTY CO INSURED Kaufman and Broad Home Corp. COMPANY Kaufknw and Broad Coastal,Inc. 13 AMERICAN INTL SPECIALTY LINES 100 Bayview Circle,Suite 100 COMPANY Newport Beach,CA 92660 C AMERICAN CASUALTY CO OF READING COMPANY D I_X L)L� Lon -Lm(. n/. 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 POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE IMM=NY) DATEBRMUDDWYYI LIMITS B aENEPAL UMIUTV BF8199547 05/01/7000 05/0112001 GENERAL AGGREGATE S 5,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS COMPMPAGG 1 5,000,000 CLAIMS MADE I—XI OCCUR PERSONAL&ADV INJURY 0 5,000,1)00 X OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE 3 S'0001000 X SER-$1.500.000. FIRE DAMAGE I"..Are) S No Coverage MED EXP[Any me mmn) @—No Coverage A AUTOMOBILE LIABILITY BUA196030696-AOS 05/01/2()00 05/01/2001 X ANY AUTO COMBINED SINGLE LIMIT ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS Iftr permmrl HIRED AUTOS BODILY INJURY WON OWNED AUTOS (Per amident) PROPERTY DAMAGE 4 GARAGE LIABILITY AUTO ONLY-EA ACCIDENT 4 ANY AUTO OTHER THAN AUTO ONLY; EACH ACCIDENT 1 AGGREGATE 4 B EXCESS LIABILITY BE-8198547 05/01/2000 05/01/2001 EACH OCCURRENCE # X UMBRELLA FORM AGGREGATE 0 5,00D.000 OTHER THAN UMBRELLA FORM I I TH C WORKERITCONO'EMURTIONARCIr WC196030679 05/01/2000 05/01/2001 x rATU- OLV EMPUMERS"LIABILITY LEE EACH ACCIDENT LS 2,000,000 THE PROPRIETOR/ X INCL EL DISEASE POLICY LIMIT f 2.000,000 � PARTNERS/EXECUTIVE OFFICERS ARE EXCL EL DISEASE-FA EMPLOYEE 1 2,000,000 MFIIPTM OF OPERATIOICULDC&DOICLIVEHIGUESISPECIAL ITEMS Ref:Alipam,Trad 0 15858 ad ISM Certificate holder is a"tioxmd insured to the general Halmlity m respects to an Operations of the named insured. 4'c ;How SHOULD ANY OF THE MOVE DESCRIED PIDUCHES HE GAACEILLED BEFORE THE City of San Juan Capistrano& EXPIRATION DATE THEREOF, THE ISSUING COMPANY Will ENDEAVOR TO MAE. r-oplatrouso Valley Water D%trict 30 DAYS WAFTUEN NCHDOC TO THE CHRINFICATE HIRIUMAR! NAMED TO THE LEFT. EXCEPT 10 DAYS NOP"CE IrOR NON�PAYXIENI`. 32400 prommear Adelanto BUT FAILURE TO NUAL SUCH NOTICE SHALL VIAND51i NO QWQATIOk ON UAIDUTY San Juan Capistrano, CA 92676 OF MY KIND UPON THE CCIPNPANT. ITS AGENTS DR RU'RESINTATIVES. AUTHDIQED RERHESENTATIVE ET9 S39IONEIS ASIN NOU eo:vT 000E-6F-3JG £0'd 1H101 • • POLICY NUMBER: BE 8198.547 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 & Capistrano Valley Water District 32400 Paseo Adelanto San Juan Capistrano,CA 92676 (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 INSLTRF.D (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. Ref: Alipaz -Tract#15858 and 15998 CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 LO/Eo'd E24t7 Zig ETF S3DIna35 NSI6 NOC 60:4T 0002-62-33G TAXAON RISK SERVICES , INC. -707 Wilshire Boulevard, Los Angeles, CA 90017 "JAI } W I I Date 12/29/00 Number of pages including cover sheet 3 To: From: Dawn Mona Tuawn City of San ,Juan Capistrano CSU — Dept. Phone Phone 213 - 630 2006 Fax Phone 949 493 1053 Fax Phone 213 - 612 4423 ® urgent ❑ For your review ❑ Reply ASAP ❑ Please comment RE: Kaufman and Broad Coastal, Inc. See attached certificate of insurance issued for the above insured. I will forward the original copy to your office shortly. Should you have any questions, please give me a call. cc: Don McDougall — K&B Coastal, Inc. FAX # 949 790 9119 E0iT0'd LEPP Zig ETE SAOInd35 NS18 NOH e0:4T 0002-6F-03Q � ...:! LJ .! 32400 PASEO ADELANTO S MEMBERS OF THE CIN COUNCIL SAN JUAN CAPISTRANO, CA 92675 jV{� leuwuru DIANE L.BATHGATE COLLEGE CAMPBELL (948)493-1 171 61776 1961 JOHN GREINER 1776 WYATT HART DAVID (949) 493-1053 (FAX) � . DAVID M.SWERDLIN CIN MANAGER GEORGE SCARBOROUGH January 10, 2001 Village Alipaz LLC c/o Kaufman and Broad Coastal, Inc. 3 Jenner, Suite 100 Irvine, California 92618-3802 Re: Revisions to Conditions of Approval - Tract 15858 Gentlemen: At their meeting of January 3, 2001, the City Council of the City of San Juan Capistrano adopted Resolution No. 01-1-3-2, which approved a revision to the conditions of approval to allow the issuance of building permits for the model home units prior to completion of the subdivision street frontage. A copy of Resolution No. 01-1-3-2 is enclosed for your information. Please feel free to contact Sam Shoucair at 949-443-6355 if you have any questions. Very truly yours, Cheryl Johnson City Clerk Enclosure cc: Village Alipaz, c/o Concorde Development (with enclosure) Engineering and Building Director (with enclosure) Sam Shoucair (with enclosure) DRW USE IS San Juan Capistrano: Preserving the Past to Enhance the Future AGENDA ITEM January 3, 2001 TO: George Scarborough, City Manager FROM: William M. Huber, Director of Engineering & Building SUBJECT: Consideration to Amendments to Conditions of Approval for Tract 15858 to Permit the Construction of Model Home Complex Prior to Completion of Alipaz Street Frontage Improvements (Kaufman and Broad, Village Alipaz- Phase 1) RECOMMENDATION By Motion: Adopt the draft resolution 01-1-3-x for Tract 15858 revising condition 3.a. and rescinding previous City Council Resolution 99-11-16-2. SITUATION A. Summary and Recommendation Village Alipaz LLC., in partnership with Kaufman and Broad Coastal, Inc., developers of 50 residential homes, within a gated community, on 8.51 acres of land subdivision in Tract 15858, has requested permission to begin the construction of their model homes prior to the completion of public improvements along the project frontage on Alipaz street. The City conditioned the project to complete such improvements prior to the issuance of first building permit. Staff believes the request is reasonable as the models will not result in any new residents moving in the subdivision. Therefore staff recommends approval of the amended condition by adopting the draft Resolution 01- 1-3-x, and rescinding City Council Resolution 99-11-16-2.(see attachment 1, Draft City Council Resolution 01-1-3-x). B. Background On November 11, 1999, the City Council adopted Resolution 99-11-16-2 conditionally approving Vesting Tentative Tract Map 15858, consisting of 50 residential lots on 8.51 acres of land subdivision. This subdivision is the first of two phases of a 22-acre site. On July 5, 2000, the Final Tract Map was approved by City Council. Condition 3. a. on page 11 of that resolution states the following requirement: Prior to issuance of first Building Permit, 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. A single stop FOR CITY COUNCIL AGEtjD .. '3/ // AGENDA ITEM -2- January 3, 2001 shall be installed for westbound traffic at the project entryway and Alipaz street. (Engr.) The developer is requesting permission to begin the construction of the model homes prior to the completion of the subdivision street frontage. The reason for the request is that the model homes are the last units to be sold and occupied by homeowners. Permitting such construction will not generate any permanent traffic nor disturb the new homeowners from street construction activities. The developer will comply with the rest of the above condition which requires the completion of the street frontage improvement prior to the issuance of the first building permit other than the four model units. Staff has reviewed the request and sees no conflicting issues in allowing the construction of the model homes to commence prior to the completion of the public street frontage improvement. Therefore the amended condition is recommended to read as follows: Prior to issuance of first Building Permit,excluding the model units,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. A single stop shall be installed for westbound traffic at the project entryway and Alipaz street. (Engr.) This is shown as Condition 3.a, Page 11 of attached resolution. All other conditions remain the same. COMMISSION/BOARD REVIEW, RECOMMENDATIONS The project has been previously reviewed and approved by the Environmental Review Board, Transportation Commission, Planning Commission and City Council FINANCIAL CONSIDERATIONS None, all applicable fees have been paid and the required sureties posted with the City. NOTIFICATION Village Alipaz, LLC Kaufman and Broad Coastal, Inc. AGENDA ITEM -3- January 3, 2001 ALTERNATE ACTIONS By Motion: 1. Adopt the draft resolution 01-1-3-x for Tract 15858 revising condition 3.a. and rescinding previous City Council Resolution 99-11-16-2. 2. Do not adopt the above draft resolution 3. Continue consideration to a date specific and direct staff or applicant to provide additional information. RECOMMENDATION By Motion: Adoptthe draft resolution 01-1-3-xforTract 15858 revising condition 3.a. and rescinding previous City Council Resolution 99-11-16-2. Respectfully Submitted: Prepared By: Al4 William M. Huber, P.E. m Shoucair Director of Engineering & Building Senior Engineer WMH/SS Attachments: 1. Draft resolution 01-1-3-x for TTM 15858 2. Location Map C:\W P W I N60\W PDOCS\AGEN DA\TR15858B.wpd DRAFT RESOLUTION No: 01 - 1 -3- For TTM 15858 ATTACHMENT 1 RESOLUTION NO. 01-01-03-2 CONFIRMING MITIGATED NEGATIVE DECLARATION AND APPROVING TENTATIVE TRACT MAP 15858 WITH AMENDED CONDITION 3.a.(VILLAGE ALIPAZ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING A MITIGATED NEGATIVE DECLARATION, APPROVING TENTATIVE TRACT MAP 15858, WITH AMENDED CONDITION OF APPROVAL NO. 3a, FOR A 22-ACRE PARCEL LOCATED AT 32532 ALIPAZ STREET, AND RESCINDING RESOLUTION NO. 99-11-16-2 (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 nine-acre portion of a 22-acre site into fifty 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 October 26, 1999, the Planning Commission opened a duly noticed public hearing, and continued said hearing to November 9, 1999, to consider testimony both in opposition to, and in favor of, a mitigated negative declaration, Architectural Control 99-06, Rezone 99-03 and Tentative Tract Map 15858,and forwarded a recommendation of approval to the City Council; and WHEREAS, on November 16, 1999, the City Council held a duly noticed public hearing, to consider testimony both in opposition to, and in favor of, a mitigated negative declaration, and Tentative Tract Map 15858; and, WHEREAS, on January 3, 2001, the City Council considered revisions to Condition 3.a. of Resolution No. 99-11-16-2 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby does hereby find that: Mitigated Negative Declaration: 1. The mitigation measures contained in the mitigated negative declaration, as issued by the City's Environmental Administrator, will reduce potentially significant environmental impacts to a level of insignificance. -1- Rezone 1. The proposal is compatible with the goals, policies and objectives of the General Plan in that the proposal is for the development of single family residences, at a density of seven units per acre which 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. Furthermore, the architectural design of the proposal includes homes designed in the Spanish Revival architectural style including rough hewn wood balconies and window ledges, shuttered windows, iron balconies, combinations of gable and hipped roofs, arched windows and doors and french doors. The four models also provide a variety of building massing. Plans include a one story plan, a two story plan with a porte-cochere and rear garage, and two additional two story plans, one of which includes a setback garage. The proposed homes also provide first floor projections on both the front and rear elevations of each plan to eliminate the "single box" design which is often characteristic of production homes. These design features will insure that the proposed development will adhere to the objectives of both the Scenic Highways and Community Design Elements of the General Plan. 2. The consistency matrix(Table 2-1, of Section 9-2.101)of the Land Use Code indicates that the proposed Planned Development Zone District is consistent with the 1.5 (Medium High Density Residential) General Plan Designation. 3. The proposed project is consistent with the goals and policies of the General Plan in that the proposed use of single family residences, at a density of seven units per acre is consistent with the General Plan Designation of 1.5 (Medium High Residential). This designation permits residential development at a maximum density of 8 units per acre. 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 seven 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. 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 -2- 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. Furthermore, as conditioned, the applicant shall be required to provide to the Engineering and Building Director a letter of verification from the Flood Insurance Administration (FIA) confirming that the proposed building pad elevations are designed above the minimum specific elevation required by FIA. 4. The proposal is for a tentative map for 50 units on 9 acres (5.6 units/acre) and a specific development plan for 153 units on a 22 acre parcel (inclusive of the 50 unit - 9 acre tentative map) for a total 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 -3- on-site easement to compensate for the loss of this easement. Staff recommends a condition that prior to approval of future tentative maps for phase two, the applicant shall obtain a notarized statement of approval from the impacted easement holders for the alternate access. 8. The proposed site does not contain any above ground 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. BE IT FURTHER RESOLVED, that the City Council confirms a mitigated negative declaration, and approves Vesting Tentative Tract Map 15858, subject to the following conditions: 1. PRIOR TO FINAL MAP APPROVAL BY CITY COUNCIL a. Compliance. The Tract/Parcel Map shall be developed in full compliance with the State of California Subdivision Map Act and the City of San Juan Capistrano 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 -4- 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 Improvement 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. 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 unable to reach agreement as to the applicant's responsibility, the City Council shall have final authority in determining appropriate obligation. (Engr.) h. Plans shall be revised to indicate the entryway from the development to include both a right-turn lane and a left-turn lane onto Alipaz Street. i. Entrance Gate. Where a gate is proposed at the development entrance from Alipaz Street, the entryway prior to the gate shall include, as a minimum, the following: i. One hundred feet of stacking space from the call box to the east right- of-way line of Alipaz Street, ii. A 30-foot radius turnaround between the call box and the gate, including clearances, and iii. A sidewalk on one or both sides of the entryway. In the event that this is not possible the applicant may provide travels lanes; one for residents and one for visitors, subject to approval of the Planning Commission (As part of final approval of the Architectural Control application). If no acceptable alternative is available the tentative map shall be revised to reconfigure lots adjacent to the gated entry to provide adequate stacking, or the gate shall be eliminated. -5- j. 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. k. The subject property is located within an area which benefits directly form the storm drain system that was constructed along with the development of the Forster R.V. Storage lot (currently within the western portion of the project site). Therefore the applicant shall contribute his share in the cost for such storm drain improvement in accordance with the"Reimbursement Agreement - Master Plan storm Drain - Forster Property"., executed January 18, 1999. I. 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. All drainage must be conveyed to the street or a City approved drainage facility (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.). 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 ail 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 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 existing and proposed facilities (Engr.). -6- P. 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.). q. Street Improvement. The applicant shall submit to the City Engineer, for review and obtain approval for, Street Improvement Plans, prepared by a Registered Civil Engineer. These plans shall show all existing and proposed improvements including storm drain, sewer and water (Engr.). r. 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.). S. Designed for Potential Gated Entries. Streets that may serve as potential gated entries shall be designed wide enough and in accordance with Municipal Codes 8-13.101 et seq. to preclude denial of such improvement application in the future (Engr.). t. 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 accompanied with traverse closure calculations and an updated Title Search Report (Engr.). U. HOA Maintained Improvements. The applicant shall indicate on the Final Map that all streets, drainage, street lights, street signage and striping improvements within the interior of this subdivision designated as private shall be maintained by the Home Owner's Association other provisions for maintenance which may be subsequently approved by the City (Engr.). V. 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.). W Public Land Dedications. The applicant shall indicate and show on the Final Map dedicate of right-of-way for Alipaz Street in accordance with the Master Plan of Highways and City Standards. X. Street Access Release. The applicant shall indicate and show on the Final Map the following release: "Subdivider hereby releases and relinquishes to -7- the City of San Juan Capistrano, all vehicular access rights to Alipaz Street except at street intersections and City approved driveway locations (Engr.). Y. CC&R's. The applicant shall submit for review to the City's Engineering and Building and Planning Departments, and shall obtain the approval of the City Attorney for Covenants, Conditions and Restrictions (CC&R's) and/or Homeowner's Agreements which shall indicate all areas and facilities to be owned and maintained by the Master Association and/or Sub-Association (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 for each, but not limited to, street improvements, signing and striping; street lights; storm drains, sewer, landscaping and irrigation in rights-of-way, 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 .PXF 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 this application (Planning). cc. Environmental Review Fee Payment. The developer shall pay the California State Fish and Game environmental review fee as set by the State (Planning). dd. Conditions, Covenants and Restrictions (CC&R's). The developer shall obtain approval for CC&R's from the Planning Director, Engineering and Building Director and City Attorney. CC&R's which shall not be amended without similar approval, shall be recorded with the final map and shall include (Planning): i. Identification and provision for maintenance of common open space, project entry statement, and slopes by the Homeowners Association. -8- ii. Criteria for maintenance of private drainage facilities, slopes and fuel modification zones within the project by the Homeowners Association (HOA). iii. 142.3, Prohibition of building construction or ornamental landscaping within the drainage facility/fuel modification zone 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 housing units shall be controlled and managed by one management company to insure the most efficient management of the property. 2. 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 that the 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 (Engr.). e. FEMA Requirements to Revise Flood Insurance Rate Map (FIRM). For any property wholly or partially located within the 100-year Flood Hazard Area on -9- 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 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 Director to ensure compliance with 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 -10- Archeologists) 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. Housing Opportunity Program. The developer shall comply with the provisions of Section 9-3.632 of the Municipal Code (Planning). 3. PRIOR TO ISSUANCE OF FIRST BUILDING PERMIT, EXCLUDING THE MODEL HOMES 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. A single stop shall be installed for westbound traffic at the project entryway and Alipaz Street. (Engr.) 4. PRIOR TO ISSUANCE OF 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. b. 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.). C. The developer shall convert the southbound right-turn lane to a through lane at Camino Capistrano and Del Obispo Street. (Engr.) -11- d. 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). e. 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). 5. 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 "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.). 6. 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 the Planning Commission for final approval. 7. 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 -12- 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. 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 permits 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) -13- 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 an 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. PASSED, APPROVED, AND ADOPTED this 3rd day of January, 2001. ATT ART, MAYOR ATTEST: CITY CLER < _14_ • , aSa„ • 5 32400 PASEO ADELANTO � L� MEMBERS OF THE CITY CWNCIL SAN.JUAN CAPISTRANO, CA 92675 DIANE L BATHGATE WARMED 1961 COLLEGE CAMPBELL (949) 493-1 171 JOHN GREINER (949) 493-1053 (FAX) 1776 WYATT HART DAVID M.SWEROLIN CITY MANAGER GEORGE SCARBOROUGH July 14, 2000 Village Alipaz LLC c/o Concorde Development 19700 Fairchild Road, Suite 120 Irvine, California 92612 Re: Subdivision Improvement Agreement/Water Rights and Easements Gentlemen: At their meeting of July 5, 2000, the City Council of the City of San Juan Capistrano took action to approve Final Tract Map 15858 based on its conformance with the Subdivision Map and the approved Tentative Tract Map conditions. The City Council also approved the Subdivision Improvement Agreement and accepted the corresponding sureties. That evening the Capistrano Valley Water District accepted dedication of the water rights, water easement, and Lot "D" as presented on Tract Map 15858. A fully-executed copy of the Subdivision Improvement Agreement is enclosed foryourfiles. The document has been forwarded to the Orange County Recorder's Office. Thank you for your cooperation. Please feel free to contact Sam Shoucair if you have any questions. Very truly yours, Che I Johrr�5l ry City Clerk Enclosure cc: Kaufman and BroadLu`/Aej-c Engineering and Building Director (with enclosure) Sam Shoucair (with enclosure) Craig Harris DRUQ USE IS San Juan Capistrano: Preserving the Past to Enhance the Future intervention and diversion programs for at-risk youth in the cities of San Clemente, Dana Point and San Juan Capistrano,was approved for the one-year period beginning July 1, 2000 and ending June 30, 2001, with the City's share of the cost for services set at $47,809. 6. APPROVAL OF AMENDMENT TO AGREEMENT FOR CROSSING GUARD SERVICES (ALL CITY MANAGEMENT SERVICES. INC.) (600.30) As set forth in the Report dated July 5, 2000, from the Chief of Police Services, the Amendment to Agreement for crossing guard services, providing for a new one-year term ending June 30, 2001 in an amount not to exceed $35,280, was approved. 7. APPROVAL OF FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT - TRACT 15858 (KAUFMAN AND BOARDNILLAGE ALIPAZ, PHASE 1) (600.30) As set forth in the Report dated July 5, 2000, from the Engineering and Building Director, the Final Map and Subdivision Improvement Agreement for Tract 15858 were approved for execution based on conformance to the requirements of the Subdivision Map Act and the approved Tentative Tract Map conditions. The corresponding securities were accepted. The City Clerk was directed to forward the documents to the County Recorder. 8. APPROVAL OF AGREEMENT FOR CUSTODIAL MAINTENANCE SERVICES (VOCATIONAL VISIONS AND PACIFIC MAINTENANCE) (600.30) As set forth in the Report dated July 5, 2000, from the Public Works Director, three-year agreements were approved beginning July 20, 2000 and ending July 10, 2003,with: (1) Vocational Visions for maintenance of the Old Fire Station Buildings, Library, and Park Restrooms in the amount of$128,540.16;and, (2)Pacific Maintenance for maintenance of the City Hall Facilities, Community Center and Gymnasium in the amount of $165,564.00. 9. APPROVAL OF FINAL PARCEL MAP 89-393, 29192 COUNTRY HILLS ROAD (PEDICINI) (420.70) As set forth in the Report dated July 5, 2000, from the Engineering and Building Director, Final Parcel Map 89-393 was approved for recording based on its conformance with the Subdivision Map Act and conditions of approval. 10. APPROVAL OF A FIVE-YEAR LAW ENFORCEMENT SERVICES AGREEMENT FOR FISCAL YEARS 2000-01 THROUGH 2004-05 (600.50) As set forth in the Report dated July 5, 2000, from the City Manager, the Five-Year Agreement with the County of Orange for law enforcement services for fiscal years 2000-01 through 2004-05 was approved at a cost of$3,837,448 for Fiscal Year 2000- 01. City Council Minutes -4- 07/05/00 AGENDA ITEM July 5, 2000 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 15858, (Kaufman and Broad, Village Alipaz - Phase 1) RECOMMENDATION By Motion: 1. Approve the Final Map for Tract No. 15858 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 Village Alipaz LLC., in partnership with Kaufman and Broad Coastal, Inc., developers of 50 residential homes, within a gated community, on 8.51 acres of land subdivision in Tract 15858 has submitted the Final Map for City Council consideration and approval. The map, as well as the grading and improvement plans, have been reviewed by the Engineering Division and were found to be in 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 99-11-16-2 (Attachment 2) for Tentative Tract Map 15858 have been met. n/ FOR CIN COUNCIL AGENB... %1 IIJJ �J AGENDA ITEM -2- July 5, 2000 B. Background On November 11, 1999, the City Council adopted Resolution No. 99-11-16-2 conditionally approving Vesting Tentative Tract Map 15858, consisting of 50 residential lots on 8.51 acres of land subdivision. This subdivision is the first of two phases of a 22- acre site. The map, as well as all improvement plans for Tract 15858, 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. Public Street Improvement b. Private Street Improvement c. Storm Drain Improvement d. Sewer Improvements e. Landscape and Irrigation Improvements f. Survey Monumentation (performance bond) 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 Village Alipaz LLC Pardue, Cornwell & Associates, Inc. ALTERNATE ACTIONS 1. Approve the Final Tract Map 15858 and the Subdivision Improvement Agreement. 2. Do not approve above Final and Subdivision Improvement Agreement. 3. Refer to Staff for additional information. AGENDA ITEM 3- July 5 2000 RECOMMENDATION By Motion: 1. Approve the Final Map for Tract No. 15858 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: eeniorEngineer William M. Huber, P.E. ir Director of Engineering & Building WMH/SS Attachments: 1. Subdivision Improvement Agreement 2. Resolution 99-11-16-2 for TTM 15858 3. Location Map C:\WPWI N50\WPDOMAGENDAUR15858A RESOLUTION No: 99- 11 - 16-2 For TTM 15858 ATTACHMENT 2 RESOLUTION NO. 99-11-16-Z CONFIRMING MITIGATED NEGATIVE DECLARATION AND APPROVING TENTATIVE TRACT MAP 15858 (VILLAGE ALIPAZ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING A MITIGATED NEGATIVE DECLARATION AND APPROVING TENTATIVE TRACT MAP 15858 FOR A 22-ACRE PARCEL LOCATED AT 32532 ALIPAZ 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 nine acre portion of a 22-acre site into fifty 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 October 26, 1999, the Planning Commission opened a duly noticed public hearing, and continued said hearing to November 9, 1999, to consider testimony both in opposition to, and in favor of, a mitigated negative declaration, Architectural Control 99-06, Rezone 99-03 and Tentative Tract Map 15858, and forwarded a recommendation of approval to the City Council; and WHEREAS, November 16, 1999, the City Council held a duly noticed public hearing, to consider testimony both in opposition to, and in favor of, a mitigated negative declaration, and Tentative Tract Map 15858. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby does hereby find that: Mitigated Negative Declaration: 1. The mitigation measures contained in the mitigated negative declaration, as issued by the City's Environmental Administrator, will reduce potentially significant environmental impacts to a level of insignificance. Rezone 1. The proposal is compatible with the goals, policies and objectives of the General Plan in that the proposal is for the development of single family residences, at a density of seven units per acre which is consistent with the -1- 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. Furthermore, the architectural design of the proposal includes homes designed in the Spanish Revival architectural style including rough hewn wood balconies and window ledges, shuttered windows, iron balconies, combinations of gable and hipped roofs, arched windows and doors and french doors. The four models also provide a variety of building massing. Plans include a one story plan, a two story plan with a porte-cochere and rear garage, and two additional two story plans, one of which includes a setback garage. The proposed homes also provide first floor projections on both the front and rear elevations of each plan to eliminate the "single box" design which is often characteristic of production homes. These design features will insure that the proposed development will adhere to the objectives of both the Scenic Highways and Community Design Elements of the General Plan. 2. The consistency matrix(Table 2-1, of Section 9-2.101)of the Land Use Code indicates that the proposed Planned Development Zone District is consistent with the 1.5 (Medium High Density Residential) General Plan Designation. 3. The proposed project is consistent with the goals and policies of the General Plan in that the proposed use of single family residences, at a density of seven units per acre is consistent with the General Plan Designation of 1.5 (Medium High Residential). This designation permits residential development at a maximum density of 8 units per acre. 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 seven 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. 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 -2- 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. Furthermore, as conditioned, the applicant shall be required to provide to the Engineering and Building Director a letter of verification from the Flood Insurance Administration (FIA) confirming that the proposed building pad elevations are designed above the minimum specific elevation required by FIA. 4. The proposal is for a tentative map for 50 units on 9 acres (5.6 unitstacre) and a specific development plan for 153 units on a 22 acre parcel (inclusive of the 50 unit- 9 acre tentative map) for a total 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 orfish 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. Staff recommends a condition that prior to approval of future tentative maps for phase two, the applicant shall obtain a notarized statement of approval from the impacted easement holders for the alternate access. -3- 8. The proposed site does not contain any above ground 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. BE IT FURTHER RESOLVED, that the City Council confirms a mitigated negative declaration, and approves Vesting Tentative Tract Map 15858, subject to the following conditions: 1. PRIOR TO FINAL MAP APPROVAL BY CITY COUNCIL a. Compliance. The Tract/Parcel Map shall be developed in full compliance with the State of California Subdivision Map Act and the City of San Juan Capistrano 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.). -4- 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 Improvement 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. 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 unable to reach agreement as to the applicant's responsibility, the City Council shall have final authority in determining appropriate obligation. (Engr.) h. Plans shall be revised to indicate the entryway from the development to include both a right-turn lane and a left-turn lane onto Alipaz Street. i. Entrance Gate. Where a gate is proposed at the development entrance from Alipaz Street, the entryway prior to the gate shall include, as a minimum, the following: i. One hundred feet of stacking space from the call box to the east right- of-way line of Alipaz Street, ii. A 30-foot radius turnaround between the call box and the gate, including clearances, and iii. A sidewalk on one or both sides of the entryway. In the event that this is not possible the applicant may provide travels lanes; one for residents and one for visitors, subject to approval of the Planning Commission (As part of final approval of the Architectural Control application). If no acceptable alternative is available the tentative map shall be revised to reconfigure lots adjacent to the gated entry to provide adequate stacking, or the gate shall be eliminated. j. 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. -5- k. The subject property is located within an area which benefits directly form the storm drain system that was constructed along with the development of the Forster R.V. Storage lot (currently within the western portion of the project site). Therefore the applicant shall contribute his share in the cost for such storm drain improvement in accordance with the"Reimbursement Agreement - Master Plan storm Drain - Forster Property"., executed January 18, 1999. I. 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. All drainage must be conveyed to the street or a City approved drainage facility (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.). 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 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 existing and proposed facilities (Engr.). P. 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.). -6- q. Street Improvement. The applicant shall submit to the City Engineer, for review and obtain approval for, Street Improvement Plans, prepared by a Registered Civil Engineer. These plans shall show all existing and proposed improvements including storm drain, sewer and water (Engr.). r. 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.). S. Designed for Potential Gated Entries. Streets that may serve as potential gated entries shall be designed wide enough and in accordance with Municipal Codes 8-13.101 et seq. to preclude denial of such improvement application in the future (Engr.). t. 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 accompanied with traverse closure calculations and an updated Title Search Report (Engr.). U. HOA Maintained Improvements. The applicant shall indicate on the Final Map that all streets, drainage, street lights, street signage and striping improvements within the interior of this subdivision designated as private shall be maintained by the Home Owner's Association other provisions for maintenance which may be subsequently approved by the City (Engr.). V. 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.). W. Public Land Dedications. The applicant shall indicate and show on the Final Map dedicate of right-of-way for Alipaz Street in accordance with the Master Plan of Highways and City Standards. X. 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.). Y. CC&R's. The applicant shall submit for review to the City's Engineering and Building and Planning Departments, and shall obtain the approval of the City Attorney for Covenants, Conditions and Restrictions (CC&R's) and/or -7- Homeowner's Agreements which shall indicate all areas and facilities to be owned and maintained by the Master Association and/or Sub-Association (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 for each, but not limited to, street improvements, signing and striping; street lights; storm drains, sewer, landscaping and irrigation in rights-of-way, 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 .PXF 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 sh&ll pay any outstanding balance in the Developer Deposit Account assigned this application (Planning). cc. Environmental Review Fee Payment.The developer shall pay the California State Fish and Game environmental review fee as set by the State (Planning). dd. Conditions, Covenants and Restrictions (CC&R's). The developer shall obtain approval for CC&R's from the Planning Director, Engineering and Building Director and City Attorney. CC&R's which shall not be amended without similar approval, shall be recorded with the final map and shall include (Planning): 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). -8- iii. 142.3, Prohibition of building construction or ornamental landscaping within the drainage facility/fuel modification zone 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 housing units shall be controlled and managed by one management company to insure the most efficient management of the property. 2. 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 that the 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. RecyclinglReduce 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 (Engr.). e. FEMA Requirements to Revise Flood Insurance Rate Map (FIRM). 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 -9- 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 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 Director to ensure compliance with 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) responsible for supervising on-site archeological and/or paleontological monitoring consistent with applicable City Council Policy (Planning) -10- 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). 1. 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. Housing Opportunity Program. The developer shall comply with the provisions of Section 9-3.632 of the Municipal Code (Planning). 3. 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. A single stop shall be installed for westbound traffic at the project entryway and Alipaz Street. (Engr.) 4. PRIOR TO ISSUANCE OF 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. b. 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, u9ity undergrounding) necessary to serve the development in accordance with the approved plan and approved exceptions (Engr.). C. The developer shall convert the southbound right-turn lane to a through lane at Camino Capistrano and Del Obispo Street. (Engr.) d. 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). -11- e. 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). 5. 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 "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.). 6. 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 the Planning Commission for final approval. 7. 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 encou itered during grading, the monitor may cease grading operations, consistent -12- 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. 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 permits 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 an 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 -13- includes mitigation measures determined to reduce traffic generation impacts to a level of insignificance. PASSED, APPROVED, AND ADOPTED this 16th day of November 1999. J N GREIIN MAYOR ATTEST: CITY CLER -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. 99-11-16-2 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 16th day of November , 1999, by the following vote: AYES: Council Members Jones, Swerdlin, Campbell and Mayor Greiner NOES: None ABSTAIN: None ABSENT: Council Member Hart (SEAL) &�—��' CHERYL J N, CITY CLERK -15- Z Q V LOCATION MAP a. SITE PLAN 0 ' SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT "A" WORKS OF IMPROVEMENT TRACT 15858 Type of Improvements: Estimated Construction Cost Or Bond Amount Grading Processed through BLDG. Division Erosion and Silt Control Processed through BLDG. Division Public Street q )�C) -(59-3858 $ 87,000 Private Street q ac� -1Jg" $371,000 Storm Drain C l aq- S�-3 $ 90,000 Sanitary Sewer q 00 —1 E) -:3: 0-1 1 $123,000 1 a-rJj-Water Improvement q1 $206,000 Landscaping/Irrigation g - t 8- 3 g $240,000 0yytreet Monuments 01 aC _ 15 $- ?, Z $ 15,000 CAWPW IN60\W PDOCS\TRACTS\TR15858.3SU _15_