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01-0807_KB HOMES_License Agreement1 E L I RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Juan Capistrano Office of the City Clerk 32400 Paso Adelanto San Juan Capistrano, CA 92675 refr: Village Alipaz, Tract 15998 Recorded in Official Records, County of Orange Gary Granville, Clerk -Recorder 1111111111111111111111111111111111111111111111111111111114.00 20020032659 0107pm 01114102 100 73 Al2 5 0.00 0.00 0.00 0.00 8.00 0.00 0.00 0.00 LICENSE AGREEMENT Tract 15998 Village Alipaz (KB Homes) THIS LICENSE AGREEMENT is made this = y of August, 2001, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "Licensor" and KB Homes, hereinafter referred to as "Licensee". Licensor and Licensee mutually resolve as follows: Grant of License. Licensor hereby grants to Licensee a license right to use a portion of the public right-of-way for the purpose of constructing and maintaining a two foot high garden wall for landscape purposes that encroaches into the public portion of Alipaz Street, along the easterly side of Alipaz Street from the southwest corner of Tract 15998 at its intersection with the right- of-way for Alipaz Street to a point approximately 157 feet northerly on Alipaz Street, located within the City of San Juan Capistrano, and more particularly described in Exhibit "A", attached hereto. The location of the improvements are set forth in Exhibit "A", attached hereto. Licensee will place the improvements under the direction of the Licensor's Director of Engineering and Building in the public street. 2. Hold Harmless. Licensee agrees to save and defend the Licensor, its elected appointed officials, harmless from and against 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, arising out of the performance of Licensee's rights and obligations under this Agreement. Licensee shall maintain in effect a policy of comprehensive general liability or commercial general liability insurance in which the limits of liability shall not be less than One Million Dollars ($1,000,000.00). Licensor shall be named as an additional insured on such policy and an endorsement shall be provided to Licensor proving that said insurance coverage is in place. n� Responsibility of Licensee to Maintain, Repair. Remove and/or Relocate Private Improvements. Licensee has requested and the Licensor by execution of this Agreement allows the Licensee, at Licensee's sole expense, to construct and maintain private improvements which consist of a two foot high garden wall as denoted on Exhibit "A" in the public portion of Alipaz Street, for the benefit of Tract 15998. Prior to the issuance of construction permits, private improvements found to be in conflict with existing utility facilities or systems shall be redesigned, or utilities shall be relocated, subject to the approval of the specific agency/utility company, at the expense of the Licensee. Licensee further acknowledges if, during the course of construction and/or maintenance of the private improvements by the Licensee, any of the utility owners' equipment is damaged, the cost to repair and/or replace said equipment shall be borne by the Licensee. The Licensor reserves the right to terminate this License Agreement immediately if the Licensee fails to maintain said private improvements in the public street right- of-way to the point that the Licensor believes this placement to be detrimental to the public health, safety and welfare. 4. Successors in Interest. The License Agreement shall inure to and be binding on the heirs, successors, executors, administrators, and assignees of the Licensee. Tenn. This License Agreement shall continue in full force and effect, subject to paragraph 4, unless terminated by the Licensee or Licensor upon 90 days written notice; or, shall be terminated on 10 days notice if Licensee fails to adhere to any conditions of this Agreement. DATED this _a_� day of August, 2001, at San Juan Capistrano. ATTEST: lgaret R. Monahan, CITY CLERK APPROVED AS TO FORM: CIT A TORNEY C \MyFiles\CURRENTP\TTM\t15998 licagrmt.wpd CITY OF SAN JUAN CAPISTRANO KB HOMES BY: KB HOME COASTAL INC.,.a California Corporatio 1__A S. EDWARDS-, X CUTIVE VICE PRESIDENT DATE: I a I I l l0 I PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 118 1) On November 14, 2001 before me, Margaret R. Monahan, City Clerk, personally appeared Wyatt Hart, personally known to me to be the persons whose name is subscribed to the within instrument and acknowledged to me that they executed the same in his authorized capacity, and that by their signature on the instrument the person, or the entity upon behalf of which the persons acted, executed the instrument. SEAL) Capacity Claimed by Signer Municipal Corporate Officer Mayor of San Juan Capistrano Title Signer is Representing City of San Juan Capistrano WITNESS my hand and official seal. p /t OPTIONAL Description of Attached Document License Agreement/Tract 15998 Village Alipaz Title or Type of Document Number of Pages August 7, 2001 Date of Document Signer(s) Other Than Named Above • 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of �', Y 0 -La } ss. n. J Dato personally appearedre Nama personally known to me ❑ proved to me on the evidence lip basis of satisfactory to be the person( whose narrl is/ark subscribed to the within instrument and acknowledged to me that hE/she/thgy executed the same in hl's/her/thihir authorized capacity(iepol and that by hi16/her/th6ir signature(o on the instrument the person(g), or the entity upon behalf of which the person() acted: eRecuted the instrument. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description Title or Type of Document Date Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 01999 National Notary Association • 9350 De Soto Ave., PO. eo.2402 • Chatsmdh. CA 9191&2402 • w .nalionaimMa org Prod No, 5909 Reorder'. Cell Toll Free 1-800b]6-692] 6 6 TO: Memo to File FROM: Patricia Salazar, Temporary Secretary DATE: June 13, 2001 SUBJECT: TR 15998 (KB Home Coastal, Inc. aka Village Alipaz LLC) Relevant files: 420.40 TR 15998 2000 Village Alipaz LLC 420.40 TR 15998 2001 KB Home Coastal, Inc. Alipaz 600.30 Subdivision Improvement Agreement 2001 KB Home Coastal, Inc. TR 15998 / Alipaz 550.10 FPLUP 00-01 2000 Village Alipaz LLC TR 15998 !1:I11pz RZ 99-3 1999 Village Alipaz LLC Minute Excerpts 600.30 License Agreement 2001 KB HOMES TR 15998/Village Alipaz 9111111111111. Ah CE01PICATE OF I N S U RAN E DATE (MM/DD/YY) •+•"•K•- mnsizooa PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS Aon Risk Services, Inc. of Southern California UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER 707 Wilshire Boulevard, Ste. 6000 THE COVERAGE AFFORDED BY THE POLICIES BELOW. Los Angeles, CA 90017 Tel No. (213) 630 3200 INSURERS AFFORDING COVERAGE INSURED INSURERA Old Republic Ins. Co. of Greensburg, PA KB Home Coastal, Inc. INSURER S: National Union Fire Ins Co. of Pittsburgh, PA 3 Jenner, Ste. 100 Irvine, CA 92618 INSURER C: XL Insurance (Bermuda) Limited INSURER D: American Home Assurance Company INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED ORMAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. THE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE FOMYEM RATpH LIMITS LTa GATE (MMmO/W) mw IMMNDrcY A GENERAL UABAUTF MW2Y56555 07/15/2004 05/31/2005 EACH OCCURRENCE $ 1,000,000 © COMMERCIFL GENERPL LIMIUTY FIRE DAMAGE (My Ona Fire) $ ❑ ❑CWMSM E W OCCURRENCE ❑El MED EXP (My One Person) § PERSONAL 4 ADV INJURY $ GENERAL AGGREGATE $ 1,000,000 GENTAGGRUMTEUMITAPPUESPER: PRODUCTS-COMP/OP AGG $ 1,000,000 © POLICY ❑ PROJECT ❑ LOc AUTOM06RE LIABILITY CA8261747(AOS) 05/31/2004 05/31/2005 COMBINED SINGLE LIMIT y l000 oo0 9 ©N(r Auro (Ea eccidenl) ❑uLowNEO Nrtos CA 8261746 (TX) 05/31/2004 05/31/2005 BODILY INJURY ❑ SCHEWLEDAUTOS (Pw Ver ) E © HIREDAUTOS BODILY INJURY © 11014 NEO AUTOS (Per a=denl) PROPERTY DAMAGE $ ❑ ❑ _ (Per aocdent) GARAGE LIABILITY AUTOONLY-EAACGDEW $ ❑ AHrA�o OTHER THAN FAACC $ AUTOOMY: AGO $ C EXCESS LIABILITY XLOCC-10540 05/31/2002 05/31/2005 EACH OCCURRENCE y 3,000,000 R OCCUR ❑ CUVMS MADE AGGREGATE y' 3,000,000 ❑ DEDUCTIBLE $ E ❑ UMBRELLA FORM E D WORKERS'COMPENSATION AND WC 6436470(CA) 05/31/2004 05/31/2005 TORYLNTS OTHER EMPLOYERS' LIABILITY THE PROPRIETOW O INCL WC 6436471 (AOS) E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE -EAEMPLOYEE { 1.000,000 PARTNERSIEXECUTIVE OFFICERS ARE: ❑ EXCL E.L. DISEASE - POLICY LIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/RESTRICTIONSISPECNL ITEMS KBHome/CoastaNrvine/ 3437 Re: Alipaz - Tract No. 15858 and 15898 See attached Additional Insured Endorsement. City of San Juan Capistrano & SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE Capistrano Valley Water District THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MNL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FNLURE TO MAIL SUCH NOTICE SHALL IMPOSE NO 32400 Paseo Adelanto OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. San Juan Capistrano, CA 92675 AUTHORIZED REPRESENTATIVE 0 Policy Number: MW2Y56555 • •ommercial General Liability CG 20 1010-01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART or Re: Alipaz -Tract No. 15858 and 15898 SCHEDULE City of San Juan Capistrano & Capistrano Valley Water District 32400 Paseo Adelanto San Juan Capistrano, CA 92675 CoastaVlrvine/113437 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II —Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B: With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 10 01 ®ISO Properties, Inc., 2000 Page 1 of 1 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493.1171 (949) 493.1053 FAX wwwsanj uancap+strano. org April 2, 2004 KI3 Homes Coastal 3 Jenner, Suite 100 Irvine, CA 92618 � MEMBERS OF THE GN COUNCIL SAM ALLEVATO u[M1BAA1[� DIANE L. SATHGATE I tSTj or ), 1961 WYATT HART I%IE JOESOTO • _ • DAVID M. SWERDLIN RE: Compliance with Insurance Requirements — Subdivision Improvement Agreement, Tract 15858/15998 (Village Alipaz)/License Agreement Tract 15998 (Village Alipaz)/Improvement & Reimbursement Agreement, Tract 158/15998 The following insurance documents are due to expire: ✓ General Liability Certificate 06/30/2004�� ✓ General Liability Endorsement Form naming the Capistrano as additional insured. ✓ Automobile Liability Certificate 05/31/2004 \`r^-' City of San JuaneD ✓ Workers Compensation Certificate 05/31/2004' Please submit updated documentation to the City of San Juan Capistrano, attention City Clerk's office, 32400 aseo Adelanto, San Juan Capistrano, CA 92675 by the above expjrfrtitpn dates. If y have any questions, please contact me at (949) 443-6309. cc: Dawn Schanderl, Administrative Assistan -� Sam Shoucair, Senior Engineer Michelle Perea, Administrative AssistaV Craig Harris, Assistant Engineer Yw %r(49 San Juan Capistrano: Preserving the Past to Enhance the Future 1,At d , �a '•A• -•bits•. C.ERTI LSATE OF INSURA E ��' ' ' ' 6/1/2004 PRODUCER THIS CERTIFICATE IS ISSUED AS A MA OF INFORMATION ONLY AND CONFERS NO RIGHTS Aon Risk Services, Inc. of Southern California UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER 707 Wilshire Boulevard, Ste. 6000 THE COVERAGE AFFORDED BY THE POLICIES BELOW. Los Angeles, CA 90017 Tel No. (213) 630 3200 INSURERS AFFORDING COVERAGE INSURED INSURERA: KB Home Coastal, Inc. 3 Jenner, Ste. 100 INSURER B: National Union Fire Ins Co. of Pittsburgh, PA INSURER C: American Home Assurance Co. Irvine, CA 92618 INSURER D: American Alternative Insurance Company INSURER E: mmm THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. THE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE POLICY NUMBER oreY2E+Moori 1 LIMITS GENERAL LIABILITY �/ COMMERCIAL GENERM LIABILITY ❑❑GLAFASMME©OCCUiRENCE 0 SIR $1,000,000 ❑ Primary General Liability excluding Products/Completed Operations Liability IS being self -Insured by 6/30/2003 6/30/2004 _ - _ ACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (My One Fire) $ MED EXP (Any One Person) $ PERSONAL d ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS- COMP/OP AGO $ WNL AGGREGATE MIT APPIFS PER Named Insured ❑ POLICY ❑ PROJECT ❑ LOC B AUTOMOBILE LIABILITY O ANYAUTO CA8261747 (AOS) 5/31/2DO4 5/31/2005 COMBINED SINGLE LIMB1,000,000 (Ea acddent) S . �Au owrrEDAUTos ElsG1e—Autos CA 8261746 (TX) 5/31/2004 5/31/2005 BODILY INJURY (Per pereDrl) $ ❑ HIRED AUTOS 0 NONOWtEDAMS BODILY INJURY $ (Peraomdem) PROPERTY DAMAGE $ (Per amides) ❑ L1 GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ ❑ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ D EXCESS La1BILITY 0 ocaMX ❑ CWMS MME 01 -A2 -FR -0000033-00 6/30/2003 6/SD/2004 EACH OCCURRENCE $ 3,000,000 AGGREGATE $ 3,000,000 ❑ oPJX 1311! $ $ ❑ UM&1ELU FORM $ C WORKERTCOMPENSATION AND EMPLOYERS• LIABILITY THE PROPRIETOW01NCL PARTNERSIEXECUTNE OFFICERS ARE: ❑ EXCL WC 6436470 (CA) WC 6436471 (AOS) 5/31/2004 5/31/2005 66 WC MTs OTTER E.L. EACH ACCIDENT $ 1,000.000 E.L. DISEASE -EA EMPLOYEE $ 1,000,000 E.L. DISEASE -POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIRESTRICTIONSISPECIAL ITEMS KBliome / Coastalnrvins / 2096 Re: Sudivision Improvement Agreement Tract 15858/15998 (Village Alip=YLicense agreement Tract 15998 (Village Alipaz) See attached Additional Insured Endorsement City of San Juan Capistrano Attn: City Clerks OfficeTHEREOF, 32400 Paseo Adelanto SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE ' CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. San Juan Capistrano, CA 92675 AUTHORIZED REPRESENTATIVE '� @ :- roucy Numuer: u1-A2-I-K-0uvuu3s-Uu •vommerciai lieneral LIa0lilly CG 201010-01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of San Juan Capistrano Attn: City Clerks Office 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Re: Sudivision Improvement Agreement Tract 15858/15998 (Village AlipazyUcense agreement Tract 15998 (Village Alipaz) CoastaVlrvineN/2096 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section 11— Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B: With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment fumished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 1010 01 ©ISO Properties, Inc., 2000 Page 1 of 1 DAT)CERTIF ATE OF INSURAN 7/2/2003 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS Aon Risk Services, Inc. of Southern California UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER 707 Wilshire Boulevard, Ste. 6000 THE COVERAGE AFFORDED BY THE POLICIES BELOW. Los Angeles, CA 90017 Tel No. (213) 630 3200 INSURERS AFFORDING COVERAGE INSURED INSURER A: XL Insurance Limited KB Home Coastal, Inc. INSURER B: National Union Fire Ins Co. of Pittsburgh, PA 3 Jenner, Ste. 100 INSURER C: American Home Assurance Co. Irvine, CA 92618 INSURER D: INSURER E: �f��r C�L1GEi2�pGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. THE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. coTYPE LTR OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MMIDD POLICY EXPIRATION DATE(MMVOD/YY LIMITS GENERAL LIABIDTY 6/30/2003 6/30/2004 EACH OCCURRENCE $ 1,000,000 VJ COMMERCIAL GENERAL LIABILITY C LCIAIMS MADE L, OCCURRENCE IISIR $1,000,000 I� u Primary General Liability� excluding Products/Completed Operations Liability IS being self-insured by FIRE DAMAGE (Any One Fire) § MED EXP (Any One Perron) § PERSONAL B ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS-COMP/OP AGG $ GEN'L AGGREGATE LIMIT APPLIES PER: Named Insured POLICY C PROJECT LOC AUTOMOBILE LIABILITY [] ANY AUTO CA8261399AOS ( ) 5/15/2003 5/31/2004 COMBINED SINGLE LIMIT (Ea accident) $ 1.000,000 BODILY INJURY (Per Person) § [—]ALL OMED AUTOS r� SCHEDULEDAUTOS CA 8261400 (TX) 5/15/2003 5/31/2004 BODILY INJURY $ (Per accident) BIREDAUTOS "/' NON-OWNEDAUTOS PROPERTY DAMAGE $ (Per accident) U Ll GARAGE LABILITY AUTO ONLY -EA ACCIDENT $ �I ANY AUTO L OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY OCCUR CUIMS MADE EACH OCCdMjRENCE $ AGGREGATE ^L $ 1...., ❑ DEDUCTIBLE 'J UMBRELLA FORM C• C—$ t• $ ^U C WORKERS'COMPENSATIONAND EMPLOYERS' LIABILITY THE PROPRIETOR/EL INCL PARTNERS/EXECUTIVE WC 7165720 (CA) WC 7165721 (AOS) 5/15/2003 5/31/2004 TOrtvelMlrs OTHE . EACH ACCIDENT $ 1,000,000 E DISEASE - EAE YEE $ 110001000 OFFICERS ARE: EXCL E.L.DISEASE-POLIC IMIT $ 1,000,000 OTHER •• _, _,' A Excess Liability Products Completed Operations XLOCC-10540 5/31/2002 5/31/2005 $5,000,ODO/Per Occr_ $5,000,6eb/Agg — $5,000,000 SIR Per Project DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIRESTRICTIONSISPECIAL ITEMS KBHome/CoastaBlrvine/ 2096 Re: Sudivision Improvement Agreement Tract 15858/15998 (Village AlipazyUcense agreement Tract 15998 (Village Alipaz) See attached additional insured endorsement. CERTIFICATENOLQEN ..-:CAIJCELF:k'E7DN 'euuyEsodayeni7tica for mn•payrRrrc::t . City Of San Juan Capistrano City Attn: Ci Clarks Office SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO 32400 Paseo Adelanto OBLIGATION OR LABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. San Juan Capistrano, CA 92675 AUTHORIZED REPRESENTATIVE - ACORD.26-S (7197) ®ACORD CORPORATION 1966 POLICY NUMBER: XLOCC-10540 COMMERCIAL GENERAL LIABILITY EXCIS LIABILITY PRODUCTS/COMPLETED OPER THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name of Person or Organization: City of San Juan Capistrano Attn; City Clerks Office 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Coastal/Irvine/l/2096 Re: Sudivision Improvement Agreement Tract 15858/15998 (Village Alipaz)/License agreement tract 15998 (Village Alipaz) (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section ll) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. Carrier: XL Insurance Limited Named Insured: KB Home Coastal, Inc. Policy No.: XLOCC-10540 Policy Term: 5/31/2002 to 5/31/2005 CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 A4441in". GF-RTI -A I k Ut INbUKANV 8/19/2002 PRODUCER TW CERTIFICATE IS ISSUED ASA MATTER 11F OIfOR1AAT10N ONLY AND CONFERS NO RIGHTS Aon Risk SNWue, MC. of SO~ CBIIIOmIB UPON THE CERTIFICATE HOLDER. THS CERTIFICATE DOES NOT AMEND, EMEND OR ALTER TOT wpShI4 Blvd., Sats 8000 THE COVERAGE AFFORDED BY THE POLICIES BELOW. Las AM90166, CA 80017 Cseu: Fax MOST) 525105e INSURERS AFFORDING COVERAGE INSURED MSLNM A! Laxftt:n 10BUMACS COMPOW Kp Home COwW, Ina xuu 1: NaeaNll Urkn FWa Ins Co 3 Jemw, S(9. 100 IrvIM. CA 17M1e NOUMEA C: A moricon HOme Assurance Ca.1 Ali IHsup" o; XL Insurance L"dw INSURER 6. 1 4. THE POLMS OF INSURANCE US1E0 B UDW HAVE SEEN ISSUEOTO THE INSURED NAMED ABOVE FOR THEPOU PERXID eA1dLTED, NOTNefHSTANDING ANY REQUIREMENT, TERM OR CONDRION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO NOM THIS CERTIFICATE HMY BE ISSUED OR IMV PERTAIN. THE e1SU ANCE AFFORDED BY THE POLICIES DESOMED HEREIN IS SUSMa TO ALL THE TERMS, e=LWONS. AND CONDRIONS OF SUCH POLICIES. THE UNITS SHOYYN MAY HAVE BEEN REDUCED SY PAD "MS. L° t>w TYPE OF INSURANCE POLICY NUMBER IF rWWTPA "Is *am*" PPU W~Txw MHARLCITR fJWm A OF.NEMLUNILNY 1324M SA /M 5/31/2003 EACH OCCURRE CE s 1,000,000 FIRE ONAAW IAIV Of Fft i 60,600 ® eoIWtRC'eLMMIRNt WetRY Q QC4WINe!® MPDEM►tMMCNFwN S WA wA sIMEO.wrwooemM6e PERIOMALAAMINAIRY 6 1J0000 ❑ BENOWADONWATE 6 1A00A00 MGOm9]-CaMIOPAW s 6xdWed CIRILAew"Twuwm mF [7MUCY [7 MCA= ❑10C AUTOBDBLLBLIMUTY CA8281121(AOS) 5/1/2002 Sl1/1003 LMR S 1.000.000 6 � ANYIND roCWILE sooaY NIURY s []+u avKeAuros CAMli22(TX) 5/7/2002 5It/2003 [] ewdaaB AVlw Pwwl.ml s IN®Avrw Fl] eOneNwmAupe IBOOLYNAW PROPERTY DNAACE s ❑ ❑ PW--W--7 GARA"UABLRY AMONLY-PAAOGDENT S 01"Ml w FAACC a ❑ AMY ANO 10 AUTO ONLY. AGG 3 Omm LNBIl17T EACH OCCURRENCE s ❑ O ❑ CW W Wan ADCKaATT ] s ❑ ewucnra t ❑ uawurcRe i vIDKOW COM"NSATIONAND WC 7De61B3 (0A) 3l1l2002 SF12007 A C EMPLOYM LNIRLrrf THEPROPRIE'IOP/ atu WC 7085184 (AOS) E.L CADN ACCDENT 2.000,D00 PARRIERIMOEOUTIVE El DKFAOE-EApIPLOYEE S E,LOITEABE-FOUCYLMFT OPNCBMARM ❑ swu OTIER D Eswa L mbft PMda0ls XLOCC•10510 WIM02 5137/2005 163.0000, Om. CaIIPMI.e OpafaOom POIAM s6A00,0ce am Per PM)ld DEWAIPTIDN OF OPERATIONMAWT KBHIRne I CCeetMAIWIR 12056 T lWopwedene WmW CRyof Ste Son JJUMCeWM Na0110aWInGuNd peeplWaWIE Ce w IMwePeribe6of Yrwetl. • a ., :" GHWA ANY OF T1s ABOVE MOCIA10 FOLICRe N CANI.RAW WFORE THE VWIWATON DATE CRY of Sonn Jwn t:CpteBBnO THERBOF, THE "UNG ~ANY WLL SWAN= TO MAR _ — DAYS 1MBTTEM NOTICE TO THE CJusn Ate'. � Rld CERTIFICATE NOtM KW O TO THE LEFT. BUT PALL1111E TO IML 6WH NOTOE sIMU. aAPOOE NO 33400 Poison AdebU to QKIQATNW ORLWLI7Y Of ANY Nato UPON TECOAfAW. ITSAOEMTB OR REMSSORATNE]. San JUBn hpbtrow. CA 92675 AUTHORMD I19PREWATATM .�I THIS ENDORSE CHANGES THE POLICY. PLEASE REIT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurence provided tinder the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Nam of Person or Organintion: Coz*Nytry ro/ 1=96 City of San Juan Capwrano Altn: City Clerks Office 32400 Paseo Adslanlo San Juan Capistrano, CA 62675 Re: Su*Asion knprowanwt A6reemak Trsd 158581166661VI6e6e A6pazy f=M %"8nl&M tred 15066 "Goe Allpe2) Of no wwy appears above. kMormagon npuilad to eonwisle thle endwe rnent wi6 be shown In the Declarations as applique to this arKwis men!) '1 W Is AN D preWon 19le d es anmuleInclude clude as an insured the garcon orw9wilraaen drown M the Achedws, but **vjnh respect to kwrdy won6 on of "yoPw work" Por that wand by or for you. Cevler: Le>inatM kwinnoe Company Nerd kwumd: Ka tame CouW, Inc I Policy No,: 1326346 Pellcy Term: 513112002 to W31=3 0020101186 CopyftK Irwrance Service Office, Inc., 1694 TOTPL P.03 E 0 BM TRANSMITTAL. TO: KATHY DUCOING FAX 949.491.1251 SAN JUAN CApISTRANO TO: FAX: FROM: MICHELLE KACAVAS DATE: JUNE 20, 2002 RE: Insurance IW PAGES INCLUDINGCOVEL- 3 ❑ URGENT X FOR REVIEW 0 PER YOUR REQUEST ❑ PLEASE COMMENT X PLEASE REPLY NOTES /COMMENTS: Kathy: Per our telcon this moming, following is the remaining insurance document you require. If you have any further questions or concerns, please do not hesitate to call me at 949-789-1986. Michelle Kacavas Forward Planning Coordinator KEHOLSE COASTAL, INC 3 JENNER • SUITE 100 . IRVINE . CALIPORNIA . 92616-3902 PHONE: (949)'790.9100 . FAX: (949) 790-9119 P:\D\121\PLAN\VCMXK\NICH9LLE\FAXES K TRANSMITTALS\PAX.DOCLAST PRINTED 06/20/03 2,41 PM �.�:..��•. C E RTI ATE OF I N S U RAN DATE (MM/DD/YY) 6/12/2002 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS Aon Risk Services, Inc. of Northern California 99 Almaden Blvd., Suite #400 UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Jose CA 95133 CSBU: Fax #(887) 5281656 INSURERS AFFORDING COVERAGE INSURED INSURER A' Lexington Insurance Company KB Home Coastal, Inc. 3 Jenner, Ste. 100 Irvine, CA 92618 INSURER B: National Union Fire Ins Co L INSURER C: American Home Assurance Co. c` INSURER D: XL Insurance Limited _ - r- `� .'9 C7 INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD LRDICA ED, N ITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE (§SUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONMONS OF SUCH POLICIES. THE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. N CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MM,DD POLICY EXPIRATION DATE(MMDDW LIMBS A GENERAL LMBIUTY YI COMMERCIAL GENERIA�L LIABILITY 132-0546 5/31/2002 5/31/2003 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any 018 Fire) $ 50,000 j❑ F]CIAIMSMADE a OCCURRENCE ��' F%-Per Occunence 1-11 MED EXP (Any Ona Person) $ N/A PERSONAL BADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ Excluded ❑ POLICY ❑ PROJECT ❑ LOC B AUTOMOBILE LIABILITY ANY AUTO CA8261121( AOS) 5/1/2002 5/1/2003 COMBINED SINGLE LIMIT $ 1.000.000 (Ea accident) BODILY INJURY (Per person) $ j ALL OWNED AUTOS SCHEDULEDAU OS CA 8261122 (TX) 5/1/2002 5/1/2003 BODILY INJURY $ (Per accident) [�s/] HIREDAUrOS lel NON-OWNED AUTOS PROPERTY DAMAGE $ (Per accident) -j —� I , GARAGE LIABILITY AUTO ONLY—EA ACCIDENT $ OTHER THAN EA ACC $ r� ANY AUTO AUTO ONLY AGG $ EXCESS LIABILITY ❑ OCCUR ❑ CIAIMSMADE EACH OCCURRENCE $ AGGREGATE $ ❑I DEDUCTIBLE $ $ J LUMBRELLA FORM $ C WORKERS'COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR/WC PARTNERS/EXECUTE 0 INCL N WC 7085183 (CA) 7085184 (AOS) 5/1/2002 5/1/2003 E%101OTrCSTAT OTHER ` E.L. EACH ACCIDENT $ 2,000,000 E.L. DISEASE -EA EMPLOYEE $ 2,000,000 OFFICERS ARE: ❑ EXCL E.L. DISEASE-POLICY LIMIT $ 2,000,000 OTHER D Excess Liability Products XLOCC-10540 5/31/2002 5/31/2005 $3,000,000/Per Occ. Completed Operations $3,000,000/Agg. $5,000,000 SIR Per Project DESCRIPTION OF OPERATIONS/LOCATN)NSNEHICLESIRESTRICTIONS/SPECIAL ITEMS KBHome / Coastal/Irvine / 2096 re: Sudivisjon Improvement Agreement Tract 15858/15998 (Village AlipazyUcense agreement tract 15998 (Village Alipaz) City of San Juan Capistrano is additional insured (except Workers Compensation) as respects to all operations of the Named Insured. .. .., e.... :.. .. City Of San Juan Capistrano City Attn� CI Clarks Office `: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE - THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE i" CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO 32400 Paseo Adelant0 :' OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. San Juan Capistrano, CA 92675 :; AUTHORIZED REPRESENTATIVE 0 Dawn Schanderl To: Lynnette Adolphson; Sam Shoucair Subject: KB Homes General Liability and endorsement expired 6/1/2002. FYI I1 �••:..��•. CERT CATE OF INSURA E DAT 4/30/200022 4/30/2 PRODUCER "� MT THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS Aon Risk Services, Inc. of Southern California UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER 707 Wilshire Blvd., Suite 6000 THE COVERAGE AFFORDED BY THE POLICIES BELOW, Los Angeles, CA 90017 (213) 630-3200 INSURERS AFFORDING COVERAGE INSURED INSURERA: National Union Fire Ins CO KB Home Coastal, Inc. INSURER B: Winterthur International America Ins. CO 12235 EI Camino Real. Ste. 100 San Diego, CA 92130 INSURERc: American Home Assurance CO. INSURER[ INSURER E j�Y tt l��yd THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE (� ,E'� PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER 1 "' ` IS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HE XCLUSIONS, AND CONDITIONS OF SUCH POLICIES. THE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO TYPE OF INSURANCE POLICY NUMBER a LIMITS LTR B GENERAL LIABILITY KE0100900 �L AGGREGATE $ 5,000,000 COMMERCIAL GENERAL UABIUTY ___ ��__ u PRODUCTS-COMP/OP AGO § 5,000,000 ❑ CLRIMSMADE 0 OCCURRENCE PERSONAL BADV INJURY $ 5,000,000 L,/] OWNER 'SBCONTRACTOR 'S PROT O SIR/$1 Mil -Gen. Liab. Only EACH OCCURRENCE $ 5,000,000 SIR/$3Mil-Per Prod -Comp FIRE DAMAGE (Any One Fire) $ No Coverage MED EXP (Any One Person) $ No Coverage A AUTOMOBILE LIABILITY ANY AUTO CA8261121 (AOS) 5/1/2002 5/1/20031,000,000 COMBINED SINGLE LIMIT $ ❑ ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS CA 8261122 (TX) 5/1/2002 5/1/2003 BODILY INJURY ❑NOWOWNED AUTOS (P%eCGden1) $ ❑ PROPERTY DAMAGE § GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ ❑ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGGREGATE $ B EXCESS LIABILITY O UMBREW FORM KE -0100900 5/1/2001 6/1/2002 EACH OCCURRENCE $ $20,000,000 ❑ OTHER , NAN UMeRELLA FORM AGGREGATE $ $20,000,000 $ C WORKERS'COMPENSATION AND EMPLOYERS'LIABILITY WC 7085183 CA ( ) 5/1/2002 5/1/2003 E/TORY WCSTA n OTHER E.L. EACH ACCIDENT $ 2,000,000 � THE PROPRIETOR; LI Included WO 7065164 (ACIS) E. L. DISEASE - POLICY LIMIT $ 2,000,000 PARTNERS/EXECUTIVE OFFICERS ARE. ❑ EXGlutled E. L. DISEASE - EA EMPLOYEE $ 2,000,000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESIRESTRICTIONSISPECIAL ITEMS Coastal 19 / 1105 Ref: Alipaz, Tract # 15858 and 15998 Certificate holder is additional insured to the general liability as respects to all operations of the named insured. %0101 I F� L1ir :: *MXR ..4 T n.c..,. .. . .d : .p...... i SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE City San Juan Capistrano R THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE Of :; CERTIFICATE HOLDER MAIMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO Capistrano Valley Water District s - OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS ENTS OR REPRESENTATIVES. 32400 Paseo Adelant0 AUTHORIZED REPRESENTATIVE ' San Juan Capistrano, CA 92676 r ACORD'2fi 8 (lt96 € t Jl2� i:fi:0 fi :. J : 00 •4908. 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) www.saiijuancapistrano.org May 1, 2002 KB Homes 3 Jenner, Suite 100 Irvine, California 92618 u LA MEMBERS OF THE CITY COUNCIL DIANE L. BATHGATE COLLENE CAMPBELL JOHNS. GELFF MATT HART DAVID M. SWERDLIN CITY MANAGER GEORGE SCARBOROUGH RE: Compliance with Insurance Requirements - Subdivision Improvement Agreement, Tract 15858/15998 (Village Alipaz)/License Agreement Tract 15998 (Village Alipaz) The following insurance documents are due to expire: ,: 102- If General Liability Certificate 5/1/2002 �C (tom � ` f, 4 ` Y General Liability Endorsement naming the City of San Juan Capistrano as additional insured. I Automobile Liability Certificate 5/1/2002 IWorkers Compensation Certificate 5/1/2002 Please submit updated documentation to the City of San Juan Capistrano, attention City Clerk's office, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 by May 10, 2002. If you have any questions, please contact me at (949) 443-6310. Sincerely, Dawn M. Schanderl Deputy City Clerk cc: Lynnette Adolphson Sam Shoucair DRUG USE IS San Juan Capistrano: Preserving the Past to Enhance the Future w:•• j ni•. CERTI ATE DATE (MM/DD/YY) OF INSURA E 4/30/2002 PRODUCER MT THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS Aon Risk Services, Inc. of Southern California UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER 707 Wilshire Blvd.-, Suite 6006 THE COVERAGE AFFORDED BY THE POLICIES BELOW. Los Angeles, CA 90017 (213) 630-3200 INSURERS AFFORDING COVERAGE INSURED INSURERA: National Union Fire Ins CO KB Home Coastal, Inc. INSURER B: Winterthur International America Ins. Co 12235 EI Camino Real. Ste. 100 INsuRER c: American Home Assurance Co. San Diego, CA 92130 INSURER D: INSURER E"filifi: .� ry}}h yy�� THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. THE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. cc LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (ML DIYYI POUCYEXPIRATION DATE (MM D(YY LIMITS B GENERAL LUIBIUTY O COMMERCIAL GENERAL LIABILITY KE0100900 5/1/2001 6/1/2002 GENERAL AGGREGATE $ 5,000,000 PRODUCTS-COMP/OP AGO E 5,000,000 ❑ CLAIMS MADE L OCCURRENCE O ONRJER'a 6 CONTRACTOR PROT SIR/E1 Mil-Gen. Liab. Only IJ SIRIS M IWer Prod-Camp PERSONAL SADV INJURY $ 5,000,000 EACH OCCURRENCE $ 5,000,000 FIRE DAMAGE (Any One Fire) $ No coverage MED EXP (Any One Person) $ No Coverage A AUTOMOBILE LIABILITY ANY AUTO CA8261121 (AOS) 5/1/2002 5/1/20031,000,000 COMBINED SINGLE LIMIT $ ❑ ALLOWNEDAUTOS ❑ SCHEDULED AUTOS BODILY INJURY (Per person) $ ❑ HIRED AUTOS L j NON-OYMEDAUTOS CA 8261122 (TX) 5/1/2002 5/1/2003 BODILY INJURY (Peraadtlen0 $ ❑ PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY. EACH ACCIDENT $ AGGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ ❑ UMBRELLA FORM AGGREGATE $ ❑ OTHER THAN UMBRELLA FORM $ C WORKERS'COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR/ [y]Included PARTNERS/EXECUTIVE OFFICERS ARE. ❑ Excluded WC 7065163 (CA) WO 7085184 (AOS) 5/1/2002 5/1/2003 A/ TTOORYUM S OTHER E.L. EACH ACCIDENT $ 2,000,000 E. L. DISEASE-POLICY LIMIT $ 2,000,000 E.L. DISEASE-EA EMPLOYEE $ 2,000,000 OTHER DESCRIPTOR OF OPERATIONSILOCATIONSNEHICLESIRESTRICTIONSISPECIAL ITEMS Coastal I g 11104 RE: ALL OPERATIONS OF THE NAMED INSURED SEE ATTACHED ENDORSEMENT AFIZ�,li'IV/tiiFiFr'c !i . iLi CITY OF SAN JUAN CAPISTRANO li SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE +t THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO ATTN: DAWN M. SCHANDERIL ii': OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY ITS AGENTS OR REPRESENTATIVES. 32400 PASEO ADELANTO L AUTHORIZED REPRESENTATIVE SAN JUAN CAPISTRANO, CA 92675 �/ Aec►Ro.4f�e8' POLICY NUMBER: KE0100900C ERCIAL GENERAL LIABILITY THIS ENDORSEM11T CHANGES THE POLICY. PLEASE READ IT CAREFULLY. -ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name of Person or Organization: CITY OF SAN JUAN CAPISTRANO Re: ALL OPERATIONS OF THE NAMED INSURED Coastal/9/1104 (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 11) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. Primary Insurance Clause: It is further agreed that the insurance provided by this endorsement is Primary. Other insurance afforded to the Additional Insured shall be excess of, and does not contribute with, the insurance provided by this endorsement. carrier: National Union Fire Ins Co Named Insured: KB Home Coastal, Inc. Policy No.: KE0100900 Policy Term: 5/1/2001 to 6/1/2002 CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 AkI04•1ti•. CERTIFWATE DATE (MM/DD/YY) OF INSURAN 5/8/2002 PRODUCER MT THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS Aori Risk Services, Inc. of Southern California UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER 707rWilshire Blvd., Suite 6000' THE COVERAGE AFFORDED BY THE POLICIES BELOW. Los Angeles, CA 90017 (213) 630-3200 INSURERS AFFORDING COVERAGE INSURED INSURER A: National Union Fire Ins Co KB Home Coastal, Inc. 3 Jenner, Ste. 100 INSURERB: Winterthur International America Ins. Co Irvine, CA 92618 INSURER c: American Home Assurance CO. INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. THE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE PCUCYEXPIRATION LIMITS LTR DATE(MMDD/YY) DATE(MIWDO B GENERAL LMBIUTY KE0100900 5/1/2001 5/31/2002 GENERAL AGGREGATE $ 5,000,000 COMMERCIAL GENERAL LIABILITY PRODUCTS -COMP/OP ASS $ 5,000,000 ❑ OCCURRENCE CLAIMS WOE L[/J O OWNER'S B CONTRACTOR'S PROT PERSONAL B ADV INJURY $ 5,000,000 EACH OCCURRENCE $ 5,000,000 F�/I SIPJ$l Mil -Gen. Uab. Only FIRE DAMAGE (Any One Fire) $ No Coverage LYl SIR($31AII-Per Prod -Comp MED EXP (Any One Person) $ No Coverage A AUTOMOBILE LIABILITY I -J AM,AUTO CA8261121 (AOS) 5/1/2002 5/1/20031,000,000 COMBINED SINGLE LIMIT $ ❑ ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per Person) $ ❑ HIRED AUTOS CA 8261122 (TX) 5/1/2002 5/1/2003 BODILY INJURY ❑NON -OWNED AUTOS (Per awidenl) $ ❑ PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ ❑ UMBRELLA FORM AGGREGATE $ U OTHER THAN UMBflELIA FORM $ L� TORY TORY LIMIS T C' WORKERS'COMPENSATION AND WC 7085183 (CA) 5/1/2002 5/112003 E.L. EACH ACCIDENT $ 2,000,000 EMPLOYERS' LIABILITY THE PROPRIETOR/ OIncluded WC 7085184 (AOS) E. L. DISEASE -POLICY LIMIT $ 2,000,000 PARTNERS/EXECUTIVE OFFICERS ARE'. ❑ Excludetl E.L.DISEASE-EAEMPLOYEE 2,000,000 OTHER c m N m DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIRESTRICTIONSISPECIAL ITEMS- -z _ K06oastaldrvine/53/2098 an m re: Sudivision Improvement Agreement Tract 15858115998 (Village Alipaz)/License agreement tract 15998 (Village Alipaz) a- City of San Juan Capistrano is additional insured (except Workers Compensation) as respects to all operations of the NarrfBd Insured. 0 N °v� ... SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 3D— DAYS WRITTEN NOTICE TO THE City Of San Juan Capistrano CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO Attn; City Clerks Office,: OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. 32400 Paseo Adelant0 AUTHORIZEI.,IKPRES VE San Juan Capistrano, CA 92675 ( /� l AC qRD 26 S �fi961: .... :: ,:. tel► ... 10-.0p i IC►- 1M f1AY-Bo-2992 12°33 RON P.evar 0 ,rte "M ei Facsimile Transmittal (Including cover sheet) 2 Date To: Department: Fax Number: Telephone #: 05/OW02 Dawn Shander 949-493-1053 Lydia Montano for Mona Tauzon DPU dept -CSBU-Los Angeles 213-689-9511 213-630-7588 C, J Aon Risk Services, Inc. RE: KS Home Coastal Certificate for: City of San Juan Capistrano As per request 5/8/02. Enclosed please find a copy of the Certificate of Issuance. The original will be trailed to you shortly. Thank you. "Confidentiality Notice: The materials enclosed with this facsimile transmission are private and confidential and are the property of the sender. The information contained in the material is privileged and is intended only for the use of the individual(s) or entity(s) named above. If you are not the intended recipient, be advised that any unauthorized disclosure, copying, distribution or taking of any action in reliance on the contents of this telecopies information is strictly prohibited. If you have received this facsimile transmission in error, please immediately notify us by telephone to arrange for return of the forwarded documents to us" Aon Risk Services, Inc. of Southern California Insurance Services -Formerly Alexander & Alexander of California Bo l S. Figueroa St., Suite 700 a Los Angeles, California 90017-5563 a tel: (213) 599-4000 a fax: (213) 599-4001 License No. 0530733 cAdocumems and settinp\Imontano\my dmuments\aon fax form.doc MAY -09-2002 12:33 RON P.02/02 :�:�e�::CERTI ATE OF INSURAN �""5%812002 rPRODUCERMT Risk Services, Inc. of Southern California Wilshire Blvd., Suite 6000 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS TUPON THE CERTIFICATE HE COVERAGE AFFORDED BYETHE POS CR. THIS ERTIFFIEL� DOES NOT AMEND, EXTEND OR ALTER INSURERS AFFORDING COVERAGE Angeles, CA 90017 ) 630-3200 INSURED INSURERS: National Union Fire Ins Co KS Home Coastal, Inc. 3 Jenner, Ste. 100 INSURER B: Winterthur International America Ins. Co INSURER c: American Home Assurance Co. Irvine, CA 92618 INSURER D: INSURER E: �:ll_" �''a �: �:': , P: r. , ? .L'i{I tli'�.. v --e. A4 .r�. A!Z•.K�L.WtV�Yt w"v�Aa IG l�:.li.f ) ':,r. �_� � 4 .�.' ti1 ', THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. THE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. R TYPE OF INSURANCE POLICY NUMBER POLICYEFFECTNE DATeeaunonn POLICY EXPIRATXM DATE PaBDD/YY LIMITSLTT B LIABILITY GENERALKE0100900 © COMMERCIALGENERALLMBAITY 5/1/2001 5/31/2002 GENERAL AGGREGATE $ 5,000,000 PRODUCTS-COMP/OPAGG $ 6,000,000 ❑j CtAIMSMADE © OCCURRENCE PERSONAL b ADV INJURY $ 5,000,000 ® OVINER•a M CONTRACTORS PROT EACH OCCURRENCE $ 5.0001000 © SIRSILIkGen. UEb. Only FIRE DAMAGE (My One Fin) $ No Coverage ® SIRS31,111-Per Prod -Comp MEb EXP (Any One Pen00) $ No Coverage A AUTOMOBILE LIABILITY ® ANY AUTO CA8261121 (AOS) 5/1/2002 5/1/2003 COMBINED SINGLE LMR $ 1,000.000 BODILY INJURY $ (Per Person) ❑ AU OWNED AUT06 17 SCHEDULED AUTOS BODILY INJURY $ (Per BCCWIn) HIR®AUTOS ❑ NONW,MED AUTOS CA 8281122 (TX) 511/2DO2 5/1/2003 DAMAGE $ aPROPERTY GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ OTHER THAN AUTO ONLY ANY AUTO EACH ACCIDENT $ AGGGREGATE $ EXCESS LIABILITY ❑ UMBRELLA FORM EACH OCCURRENCE S AGGREGATE $ I $ ❑ OTNER THAN UMBRELLA FORM C WORKERTCOMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR ©Included PARTNERS/EXECUTIVE OFFICERS ARE: ❑Excluded WC 7085183 (CA) WC 7085184 (AOS) 5/1 Y1OO2 5/1/2003 TaRVT ua rs O ITB.,'.+; ,),°'':r�:a�t;r.;T�:';:<•I:: R$ E.L. EACH ACCIDENT 2,000,000 E.L. DISEASE -POLICY LIMIT $ 2,000,000 E.L. DISEASE - EA EMPLOYEE S 2,000,0DO OTHER DESCRIPTION OF OPERATIONSILOCATIONSAIEHICLESIRESTRICTIONSISPECIAL ITEMS KB/CoastavlMne/53I2096 re: Sudlvlalon Improvement Agreement Tract 15858MI599B MilageAlipazyLicense agreement tract 15998 (Village Allpaz) City San Capistrano is additional insured (except Workers Compensation) as respects to all Operations of the Named Insured. NJuan vfitooffr SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE IS.1s1; THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE City of San Juan Capistrano CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO ANn) City Clarks Office OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATNES, 32400 8580 Adelanto ''-.f AUTHORIZE PILES VE San Juan Capistrano, CA 92675 TnTAl P t1? ACORD CERT(FICAW OF LIABILITY INSU '�E DATE IMMIDDNYI - 05/21/2001 PRODUCER 213-630-3200 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Aon Risk Services, Inc. of Southern Cahf ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE VE}VED Insurance Services HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 707 Wilshire Boulevard ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. NOY Suite 6000 13 2 oo PM toi — COMPANIES AFFORDING COVERAGE _ Los Angeles CA 90017 COMPANY Cf i Y ' �Rk- 4 CONTINENTAL CASUALTY CO INSURED Tw C' Co �Y''�I F S c V HI Wils�e Blvd., Sth FI. J UAIi CAFI`T,gd N;? BTANY WIN7'ERTINR INTL AMERICA INS CO I COMPANY Los Angeles CA 90024 C AMERICAN CASUALTY CO OF READING COMPANY p COVEftAG�S ' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTH TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS IMM/DDNYI DATE IMM/DDNYI B GENERAL LIABILITY KE0100900 05/01/2001 05/01/2002 GENERAL AGGREGATE 5 51000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGO $ 51000,000 PERSONAL & ADV INJURY $ 5,000,000 CLAIMS MAGE � OCCUR X EACH OCCURRENCE $ 5_'000,(00 OWNER'S & CONTRACTOR'S PROT X SIR/$1Mil-Gen. Liab Only FIRE DAMAGE IAO, one fire, $ No Coverage SIR/$3Mi1-Per Prod-Com MEG EXP IAnv one person, $ NO Cove,,,, X A AUTOMOBILE LIABILITY - BUA247837647-AOS 05/01/2001 05/01/2002 Al ANY AUTO COMBINED SINGLE LIMIT 4 1,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BOOILV INJURY NON-OWNED AUTOS i (Per attitlenn 5 PROPERTY DAMAGE 5 GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT 5 - AGGREGATE 4 EXCESS LIABILITY EACH OCCURRENCE 4 NUMBRELLA FORM iAGGREGATE 5 OTHER THAN UMBRELLA FORM i _ $ C WORKERS COMPENSATION AND WC247837616 05/01/2002 1X Ir RYSTALIMTI1' OERH- EMPLOYERS' LIABILITY 105/01/2001 --� EL EACH ACCIDENT_ 5 2, 000, 000 PARTNETHE SIEXEPROPRIETOR/ X INCL PARTNERSIEXECUTIVE - EL DISEASE-POLICY LIMIT $ 2, 000, 000 _.__._ OFFICERS ARE: E%CL EL DISEASEEAEMPLOYEE $ 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESISPECIAL ITEMS Certificate holder is additional insured (except workers' compensation) as respects to all operations of RB Home Coastal Inc. in compliance with insurance requirements - subdivision improvement agreement TTM 15858. **See Attached Endorsement** CERTfE[CATE HETLOER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of San Juan Capistrano EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Attn: Dawn M. Schanderl 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 32400 Paseo Adelanto EXCEPT .0 DAYS NOTICE FOR NON-PAYMENT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY San Juan Capistrano, CA 92675 OF ANY KIND UPON THE OMPANY a REPRESENTATIVES. L AUTHORIZED REPRESENTATIVE ACRRA 2841Tf98} 9ACORD:CORPORATION 1900 0ds#3348628 9 0 POLICY NUMBER: KE0100900 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: City of San Juan Capistrano Attn: Dawn M. Schanderl 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Ref: All Operations of the named insured (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to included as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 ADMINISTRATIVE ITEMS PLANNING DIRECTOR 1. RESOLUTION NO. 01-8-7.9 APPROVING THE FENCE/WALL DESIGN FOR THE COMMON BOUNDARY BETWEEN VILLAGE ALIPAZ AND THE RANCHO DEL AVION MOBILE HOME PARK AND AUTHORIZING EXECUTION OF LICENSE AGREEMENT RELATED TO A PLANTER WALL (KB HOMES) (420 40)/(p ^.3d !( I Applicant: KB Homes, Coastal Inc. Project Description: Proposal by applicant to modify previously approved wall/fence- treatment and installation of a planter wall, requiring a license agreement. - Written Communication: Report dated August 7, 2001, from Thomas Tomlinson, Planning Director. Oral Presentation: Thomas Tomlinson, Planning Director, reviewed the staff recommendation. Phil Schwartz, 31682 EI Camino Real, representing the applicant, clarified to location and materials of the proposed improvements. Council Action: Moved by Mayor Hart, seconded by Council Member Swerdlin and carried unanimously to adopt RESOLUTION NO. 01-8-7-9 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE REVISED FENCE/WALL DESIGN FOR THE COMMON BOUNDARY BETWEEN VILLAGE ALIPAZ AND THE RANCHO DEL AVION MOBILE HOME PARK; AND, AUTHORIZING EXECUTION OF A LICENSE AGREEMENT TO PERMIT A MAXIMUM TWO FOOT HIGH PLANTER WALL WITHIN THE PUBLIC RIGHT-OF-WAY OF ALIPAZ STREET (KB HOMES)." 2. RESOLUTION NO. 01-8-7-10 INITIATING PROCESS TO AMEND THE LAND USE POLICY RELATED TO MINOR MODIFICATIONS AND DESIGNATION OF POTENTIAL SCHOOL SITES; RESOLUTION NO. 01-8-7-11 INITIATING SEPARATE PROCESS TO AMEND THE LAND USE POLICY RELATED TO TEXT MODIFICATIONS (410.30) Project Description: Consideration of initiating Amendments to the Land Use Element of the City's General Plan. Written Communication: Report dated August 7, 2001, from Thomas Tomlinson, Planning Director. CC Minutes 7 8/7/01 0 0 AGENDA ITEM August 7, 2001 TO: George Scarborough, City Manager FROM: Thomas Tomlinson, Planning Director SUBJECT: Consideration of Revised Fence/Wall Design for Common Boundary of Village Alipaz with Rancho Del Avion Mobile Home Park (KB Homes) RECOMMENDATION By Motion: Adopt a Resolution approving the revised fence/wall design for the common boundary between Village Alipaz and the Rancho Del Avion Mobile Home Park; and, 2. Authorizing execution of a license agreement to permit a maximum two foot high planter wall within the public right-of-way of Alipaz Street. A. PROPERTY OWNER/APPLICANT KB Homes, Coastal Inc. 3 Jenner, Suite 100 Irvine, California 92618 B. SUMMARY AND RECOMMENDATION - On May 16, 2000, the City Council approved a revised wall design between the southern project boundary for Village Alipaz and the Rancho Del Avion Mobile Home Park. At the time of the City Council's consideration, the issue of the southern interface with the mobile home park was complex due to a ten foot access easement that was located on the common boundary that was associated with a third party water well site. Litigation between several parties precluded a common solution at that time. Since the action of the City Council, the parties to the dispute regarding the well site and access easement have reached an agreement. The access road may now be abandoned with an alternate access through the Village Alipaz neighborhood streets. The current developers for Village Alipaz, KB Homes, have submitted a request to modify the previously approved wall/fence treatment. The revised plan provides for the access easement to be removed and returned to the private use of the property by the adjacent mobile home tenants that back-up to this portion of the property, for permission to relocate the boundary fence on the top of the retaining wall (currently approved with a two feet off -set). In addition, they have also requested permission FOR CITY COUNCIL AGE , .. 0 1a- 0 0 AGENDA ITEM -2- August 7, 2001 to place a two foot high planter wall adjacent to sidewalk at the common boundary with the Mobile Home Park as a method to further buffer and reduce the scale of the exposed retaining wall. Placement of this planter wall will be within the public right- of-way for Alipaz Street. Such an improvement requires the execution of a license agreement. Staff has reviewed both requests and would recommend that the City Council approve the modified fence/wall design and authorize execution of a license agreement for the placement of the planter wall within the public right-of-way for Alipaz Street. This determination is based upon the findings and considerations listed under "Staff Analysis" of this agenda item. C. BACKGROUND - The tract map associated with this project was approved by the City Council at its meeting of April 20, 2001. As part of the City Council's consideration was the issue of the boundary fence design at the southern interface with the Rancho Del Avion Mobile Home Park. The interface condition include the existing access road that separated the development portion of the project lots and the mobile home parcels. At the time of this meeting the developer had proposed a combination retaining wall/fence at the edge of the easement so as to retain use of the road easement that was controlled by a separate third party. The City Council, not wanting to create a tunnel environment that would be open to view from public streets, conditioned the tract map to incorporate a slope within the easement road if the third party granted permission. If not the applicant could prepare an alternate design that would address the tunnel issue. On May 16, 2000, the City Council reviewed an alternate design in accordance with the conditions of approval that would off -set the fence by two feet from the retaining wall. The area between the fence and wall would be landscaped, with the easement providing homeowner association access to the landscape area. Under this design, it assumes that the access easement was to be still used to serve the private well site. Thus the tunnel effect would be modified with the installation of landscape material to soften the public's view of the boundary wall. The applicant has purchased the rights to the easement and has submitted a request to modify the currently approved wall design for this common boundary condition. In addition, staff and the applicant have also been evaluating methods for installing layered landscaping to buffer the height of the walls at the common corner of the project with the mobile home park. Due to the required footings for the retaining wall the planting area at this corner is restricted. In order to place sufficient planting to screen the wall, both staff and the applicant are recommending the installation of a two foot high planter wall. This will create sufficient soil depth to introduce large plants that will screen the walls. In order to accomplish this alternative a license agreement for the placement of these improvements within the public right-of-way is necessary. 0 9 AGENDA ITEM -3- August 7, 2001 D. ISSUES - Will the revised boundary fence/wall design proposal adequately screen the area from public view corridors? E. STAFF ANALYSIS - Staff has reviewed the proposal from the developer regarding the fence design and the abandonment of the access easement. The following is a summary of the staff analysis and relevant findings: Principal Issue. The primary issue that was identified during the tract map review was the visual presence of a long narrow roadway easement that had direct access to Alipaz Street. This narrow roadway (10' wide) would be bounded by the existing wood fence of the Mobile Home Park and by a combination retaining wall/wood fence that could have varying heights of up to ten feet. Such a visual environment created a narrow alley/tunnel effect that would be seen by the public. 2. Proposed Modification. Since the action of the City Council (May 16, 2000) has purchased the easement road. As part of the purchase agreement, the water line and alternate access is being provided through the private streets of Village Alipaz. The result is that the narrow access easement can be abandoned and a modified interface treatment considered. The developer proposes to abandoned and transfer their portion of the easement road to the adjacent mobile home park, with the relocation of the wooden fence to the top of the retaining wall. This arrangement would allow the mobile home park owners that have lots that back up to the easement road to extend their lots to the retaining wall fence line. This would remove the alley prospectwith a wall/fence connection between the park and the new residential neighborhood. The area adjacent to Alipaz Street would be landscaped. The stepped wall and landscape planter presently existing at the walls intercept with the right-of-way will be retained. Findings. Based upon the revised boundary treatment plan, staff believes that the City Council can make the following findings in support of the proposal: a. The negative visual environment will be deleted, by the removal of the easement road and extension and integration offences by the owners of lots in the mobile home park across this roadway. b. The stepped wall at the current intersection of the project boundary will be retained and planted with trees. In making this finding it should be noted that the developer increased the off -set from two feet to five feet at this interface in order to incorporate tree planting at this corner. C. By relocation of the wooden fence to the top of the retaining wall the 0 0 AGENDA ITEM -4- August 7, 2001 need to retain the portion of the roadway easement for access maintenance purposes is deleted, again removing a visual opening. d. Extension of the fences by the mobile home park to the retaining wall location will delete a potential trash collection area or area for unauthorized individuals to trespass. Based upon the above review and findings, staff recommends that the City Council approve the revised boundary design subject to the following conditions: The developer shall be response for processing a lot line adjustment that will remove the access easement for the private well site and transfer clear title to the adjoining parties. 2. The developer shall construct an extension of the boundary wall for Rancho Del Avion Mobile Home Park to connect with the existing wall for Village Alipaz adjacent to Alipaz Street. The area between the sidewalk and wall extension shall be landscaped by the developer. In regards to the two foot high planter wall, staff has been evaluating methods that would create a more effective landscape buffer for the existing walls at the projects boundary with the mobile park at Alipaz Street. Where the previously approved plan (City Council) had called for a two foot off -set, staff and the developer widen the corner off -set to five feet. This would allow the planting of trees on the upper bench. The problem with screening the wall at this corner was the placement of the retaining wall, its footings and the transition of the sidewalk. This combination of factors resulted in a very shallow planting depth for plants that would only accommodate grown cover. In orderto improve this situation, the applicant and staff have explored the placement of a two foot high planter area that would create sufficient depth to plant larger plants and shrubs that will help screen the walls. In order to accommodate this option, the planter would have to be placed within the landscaped right-of-way for Alipaz Street. This requires the execution of a license agreement. Staff is recommending that the City Council authorize staff to execute a license agreement for this improvement. FINANCIAL CONSIDERATION This request is covered by the Developer Deposit system which reimburses the City for actual costs to process an application. PUBLIC NOTIFICATION None required to considerthis item. A meeting notice has been provided to the Rancho Del Avion Mobile Home Park Homeowners Association along with the applicant. 0 0 AGENDA ITEM -5- August 7, 2001 OTHER COMMISSION REVIEW, RECOMMENDATION The condition of approval per the City Council's approval of the Tract Map, specifically designates the City Council as the reviewing authority regarding this issue, therefore, no other commissions have reviewed the revised design. COMMUNITY REDEVELOPMENT AGENCY The property is located outside the Central Redevelopment Project Area of the San Juan Capistrano Community Redevelopment Agency. ALTERNATE ACTIONS 1. By motion, approved the revised fence/boundary proposal and authorization of a license agreement, subject to conditions. 2. By motion, approved the revised fence/boundary proposal and authorization of a license agreement, subject to conditions, with modifications. 3. Deny change in the boundary fence plan. 4. Approve the revised fence/boundary proposal and deny issuance of a license agreement. 5. Continue the item and request additional information. RECOMMENDATION By Motion: 1. Adopt a Resolution approving the revised fence/wall design for the common boundary between Village Alipaz and the Rancho Del Avion Mobile Home Park; and, 2. Authorizing execution of a license agreement to permit a maximum two foot high planter wall within the public right-of-way of Alipaz Street Respectfully submitted, Thomas Tomlinson Planning Director 0 9 AGENDA ITEM -6- August 7 2001 attachments: 1. Draft City Council Resolution, with License Agreement 2. Previously approved wall plan. 3. Proposed wall plan, with pictures of existing conditions 4. Tract Map Conditions of approval. 5. Location Map. CAMyFiles\CURRENTP\TTM\T15998 wallplan.wpd _o I U y i IRW Q II �� LQ J J 4 O N O �L Ln azi zs 06 m r� z a lJ ATTACHMENT 2 01 0 it Af It .f:GEND IGH BOARD -ON -BOARD WOOD FENCE NT NEUTRAL COLOR TO COMPLEMENT )POSED HOUSE STUCCO COLORS). MP BLOCK RETAINING WALL LOR TO BE LIGHT TAN). RGREEN CLIMBING VINES DISTICTIS (TRUMPET VINE), HEDERA ), JASMINUM, PANDOREA (BOWER VINE). WERING / CASCADING SHRUBS (I.E.: TRACHELOSPERMUM (STAR JASMINE), GELSEMIUM (YELLOW JESSAMINE), ROSEMARY, LANTANA). 0 0 LEGEND 1. 5' HIGH BOARD -ONBOARD WOOD FENCE (PAINT NEUTRAL COLOR TO COMPLEMENT PROPOSED HOUSE STUCCO COLORS). 2. SLUMP BLOCK RETAINING WALL (COLOR TO BE LIGHT TAN). K061Lr �- mE pAQI- Alipaz Modified Fence Plan ATTACHMENT ` ZA .1 JL I kT I 46 der Floodplain Land Use Permit 1. The grading plans and documentation provided with the site and development plans indicate that the project meets the requirements of Section 9-5.305 of the Land Use Code. BE IT FURTHER RESOLVED, that the City Council approves Vesting Tentative Tract Map 15998 and Floodplain Land Use Permit00-01, subject to the following conditions: 1. The exhibit entitled "Easement Disposition Exhibit, Tract 15858 and 15998", is for informational purposes only. Approval of Tentative Tract Map 15998, and related land use entitlements, does not constitute acceptance of any of the proposals for quitclaiming, selling or purchasing of easements or fee title properties. OF -2. Grading permits for the edge treatment along the southern property line shall incorporate a rear yard fence located on the property boundary line, and a 2:1 slope and retaining wall over the adjacent access easement (refer to Exhibit 1). If the applicant is not able to secure the required permission from affected easement and property holders for this edge treatment design (refer to conditions 3 and 4, following), the applicant shall submit revised plans for consideration by the City Council. Said plans shall be designed to minimize the apparent mass of the property line wall through materials, design and landscaping, or other appropriate method. 3. Prior to issuance of building or grading permits for the edge treatment along the southern project boundary which encroaches onto the adjacent property, the applicant and affected property holder shall record an easement permitting the construction of proposed improvements. /�— 4. Prior to recordation of final map, the applicant shall negotiate for the reconstruction or relocation of water transmission facilities to relocate the facilities entirely within their respective easements, or grant revised/additional easements to accommodate the facilities in their existing locations. All costs associated with these alternatives, including costs of removal and reconstruction of facilities or costs associated with preparing and recording appropriate legal documents shall be at the sole expense of the applicant. 5. Prior to recordation of the final map for phase two, the applicant shall submit proof, in the form of an executed agreement, recorded easement, or some other form determined adequate by the Planning Director and City Engineer, that adequate secondary access has been provided to Calle Rolando, Del Obispo Street (via the OCFCD maintenance road) or an equivalent access acceptable to the Planning Director and City Engineer. 6. PRIOR TO FINAL MAP APPROVAL BY CITY COUNCIL a. Compliance. The Tract Map shall be developed in full compliance with the State of California Subdivision Map Act and the City of San Juan Capistrano -3- ATTACHMENT 4 E 0 ATTACHMENT 5 0 32400 PASEO AOELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) www.sanjuancapistrano.org January 22, 2002 Mr. David Hutchins KB Homes 3 Jenner, Suite 100 Irvine. CA 92618 Joao Ieawpu 1961 1776 Ift Re: License Agreement -Tract 15998 (Village Alipaz) Dear Mr. Hutchins: MEMBE95 OF THE CITY COUNCIL DIANE L. aATHGATE JOHN 5. GELFF CCLLENE CAMPBELL WYATT HART DAVID M. SWERDLIN CITY MANAGER GEORGE SCARBOROUGH Enclosed is a copy of the recorded License Agreement for your records. If I can be of further assistance, please feel free to contact me (949) 493-1171. Meg Monahan, CMC City Clerk cc: Lynnette A olphson, Management Analyst II DRUG USE IS San Juan Capistrano: Preserving the Past to Enhance the Future • 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) www.satijuancapistrano.org November 5, 2001 KB Homes, Coastal Inc. 3 Jenner, Suite 100 Irvine, CA 92618 Dear Sir or Madam: see IV jy muvvvvnu maunm 1961 1776 MEMBERS OF THE CITY COUNCIL DIANE L. BATHGATE JOHN S. GELFF COLLENE CAMPBELL WVATT HART DAVID M. SWERDLIN CITY MANAGER GEORGE SCARBOROUGH Please find enclosed a copy of Resolution No. 01-8-7-9, related to the south project boundary wall between Village Alipaz and Rancho Del Avion Mobile Home Park and approving a license agreement for placement of a planter wall. Also enclosed is an executed License Agreement related to Tract 15998 Village Alipaz (KB Home). The original license agreement was sent to the Orange County Recorder today, accompanied by the check from KB Home (No. 18442262) for $10 for recording fees. The recording process takes approximately two to three weeks. If you would like a copy of the recorded document, please contact our office at that time (949) 443-6309. If you have any questions regarding the License Agreement, please contact Lynnette Adolphson, Management Analyst II (949) 443-6324. Thank you, v l� M g M ahan, CMC Ci CI k enclosure: Resolution & License Agreement cc: Lynnette Adolphson, Management Analyst II Thomas Tomlinson, Planning Director DRUG USE II San Juan Capistrano: Preserving the Past to Enhance the Future 0 0 RESOLUTION NO. 01-8-7- 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A REVISION TO THE SOUTH PROJECT BOUNDARY WALL BETWEEN VILLAGE ALIPAZ AND THE RANCHO DEL AVION MOBILE HOME PARK LOCATED ON THE EAST SIDE OFALIPAZ STREET, AND APPROVAL OFA LICENSE AGREEMENT FOR THE PLACEMENT OF A TWO FOOT HIGH PLANNER WALL WITHIN THE PUBLIC RIGHT-OF-WAY FOR ALIPAZ STREET (KB HOMES) Whereas, the City Council on May 16, 2000, approved a boundary wall design that included a two foot off -set from the retaining wall for those lots that were adjacent to the Rancho Del Avion Mobile Home Park due to the presence of a ten foot wide road access -easement that served an existing wall well site; and, Whereas, subsequent to the action of the City Council, the applicant has acquired the road access easement and through an agreement is providing an alternate access easement through Tract 15998 to serve the well site; and, Whereas, the applicant has submitted a request for a revision to the previously approved wall design to delete the two foot off -set and provide for those lots within the Rancho Del Avion Mobile Home Park to extend their yard fences to incorporate the vacated road access easement; and, Whereas, the applicant has also submitted a request to allow a two foot high planter wall to be located within the landscape area of the public right-of-way for Alipaz Street to create an enhanced planter area at the northwest corner of the project where it intersects with the Rancho Del Avion Mobile Home Park; and, Whereas, the Environmental Administrator has reviewed the project pursuant to Section 15061 of the California Environmental Quality Act (CEQA) and issued a Class 3 categorical exemption, and has otherwise complied with all applicable provisions of the California Environmental Quality Act (CEQA); and, Whereas, the City Council considered the requests at its meeting of August 7, 2001. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby make the following findings: The proposed project and its overall design remain consistent with the policies and objectives of the San Juan Capistrano General Plan; and, 2. The proposed project complies with all applicable provisions of the Land Use Code and conditions cited by this resolution; and, 0 0 3. The negative visual environment will be deleted, by the removal of the easement road and extension and integration of fences by the owners of lots in the mobile home park; and, 4. The stepped wall at the current intersection of the project boundary will be retained and planted with trees. In making this finding it should be noted that the developer increased the off -set from two feet to five feet at this interface in orderto incorporate tree planting at this corner; and, 5. Extension of the fences by the mobile home park to the retaining wall location will delete a potential trash collection area or area for unauthorized individuals to trespass; and, 6. The low planter wall within the public right-of-way will result in the planting of more effective landscape plants to screen the adjacent retaining wall. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of San Juan Capistrano hereby authorize the execution of a license agreement for a two foo high planterwall within the right-of-way forAlipaz Street and hereby approves the revision to the south boundary wall design for Tract 15998 subject to the following: Conditions of Approval Attest: The developer shall be response for processing a lot line adjustment that will remove the access easement for the private well site and transfer clear title to the adjoining parties; and, The developer shall construct an extension of the boundary wall for Rancho Del Avion Mobile Home Park to connect with the existing wall for Village Alipaz adjacent to Alipaz Street. The area between the sidewalk and wall extension shall be landscaped by the developer. PASSED, APPROVED AND ADOPTED this 7`" day of August 2001. Monahan, City Clerk Wya art, Mayor 0 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) u I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 01-8-7-9 was duly adopted by the City Council of the City of San Juan Capistrano at a regular meeting thereof, held the 7th day of Augusf2001, by the following vote: AYES: COUNCIL MEMBERS: NOES COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS MARGA ET R. MONAHAN, City Clerk Bathgate, Gelff, Swerdlin and Mayor Hart ►f= None None 9 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Juan Capistrano Office of the City Clerk 32400 Paso Adelanto San Juan Capistrano, CA 92675 refr: Village Alipaz, Tract 15998 LICENSE AGREEMENT 9 Tract 15998 Village Alipaz (KB Homes) THIS LICENSE AGREEMENT is made this day of August, 2001, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "Licensor" and KB Homes, hereinafter referred to as "Licensee". Licensor and Licensee mutually resolve as follows: Grant of License. Licensor hereby grants to Licensee a license right to use a portion of the public right-of-way for the purpose of constructing and maintaining a two foot high garden wall for landscape purposes that encroaches into the public portion of Alipaz Street, along the easterly side of Alipaz Street from the southwest corner of Tract 15998 at its intersection with the right- of-way for Alipaz Street to a point approximately 157 feet northerly on Alipaz Street, located within the City of San Juan Capistrano, and more particularly described in Exhibit "A", attached hereto. The location of the improvements are set forth in Exhibit "A", attached hereto. Licensee will place the improvements under the direction of the Licensor's Director of Engineering and Building in the public street. Hold Harmless. Licensee agrees to save and defend the Licensor, its elected appointed officials, harmless from and against 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, arising out of the performance of Licensee's rights and obligations under this Agreement. Licensee shall maintain in effect a policy of comprehensive general liability or commercial general liability insurance in which the limits of liability shall not be less than One Million Dollars ($1,000,000.00). Licensor shall be named as an additional insured on such policy and an endorsement shall be provided to Licensor proving that said insurance coverage is in place. 9 0 Responsibility of Licensee to Maintain Repair, Remove and/or Relocate Private Improvements. Licensee has requested and the Licensor by execution of this Agreement allows the Licensee, at Licensee's sole expense, to construct and maintain private improvements which consist of a two foot high garden wall as denoted on Exhibit "A" in the public portion of Alipaz Street, for the benefit of Tract 15998. Prior to the issuance of construction permits, private improvements found to be in conflict with existing utility facilities or systems shall be redesigned, or utilities shall be relocated, subject to the approval of the specific agency/utility company, at the expense of the Licensee. Licensee further acknowledges if, during the course of construction and/or maintenance of the private improvements by the Licensee, any of the utility owners' equipment is damaged, the cost to repair and/or replace said equipment shall be borne by the Licensee. The Licensor reserves the right to terminate this License Agreement immediately if the Licensee fails to maintain said private improvements in the public street right- of-way to the point that the Licensor believes this placement to be detrimental to the public health, safety and welfare. 4. Successors in Interest. The License Agreement shall inure to and be binding on the heirs, successors, executors, administrators, and assignees of the Licensee. 5. Term. This License Agreement shall continue in full force and effect, subject to paragraph 4, unless terminated by the Licensee or Licensor upon 90 days written notice; or, shall be terminated on 10 days notice if Licensee fails to adhere to any conditions of this Agreement. 0 0 DATED this (day of August, 2001, at San Juan Capistrano. ATTEST: 1117 e onahan, CITY CLERK APPROVED AS TO FORM: qwo� CITY 9ATOR EY C \MyFiles\CURRFNTP\TTM\tl5998 IicagrmLwpd CITY OF SAN JUAN CAPISTRANO MAYOR K13 HOMES BY: c .401 m 14 _ . TEN IYV.3'19442262 Ba K9 HOME Coastal Mc DATE Acwuna 09 666'x9 muu G R, GROSS DEDUCTIONS AMOUNT PAID _--INVOICE No. oiaTe esscEaotloa� 10.00 LNDSCP PLN 10.00 ENCROACHMENT RECORDATION FEE 10/30/01 ENCROACHMENT RECORDATION FEE 10.00 ___________ LNDSCP PLN I 10.00 10.00 10.00 239425 Orange, County Recorders RRHOMF 1n1v1/n1 NO. 18442262 KT NOMECW;U1 ln[ DATE DESCRIPTION GROSS DEDUCTIONS AMOUNT PAID INVOICE NO. 10.00 LNDSCP PLN 10/30/01 ENCROACHMENT RECORDATION FEE 10.00 10.00 10.00 239425 Orange, County Recorders KBHOME 6226/3n Na. 18442262 KB HOME CoaStal Inc. Eune one. NA ono CM1kepo. Illinoi& 3 Jenner, Suite 100 Pevah renown Pon USA bane, Nn - 0955639 Wllmiwton, DMewaze Irvine, California 92618 VENDOR DATE AMOUNT 239425 10/31/01 $********10.00 PAY TEN AND 00/100*w8*r**tr+r+*rw.**+»++rs++**+++*rt•t*+*+**xwr+**+*xrrr+*s**»rrssta VQIp IF NOT CASHED IN 00 DAYS f/ I TO County of Orange -Recorders Oft: THE ORDER OF III 18442262,1. 1:0 3 1 100 28 31: 09 5563911'