1997-0611_SJD PARTNERS, LTD._Asgmt of Development AgrASSIGNMENT OF DEVELOPMENT AGREEMENT
THIS ASSIGNMENT OF DEVELOPMENT AGREEMENT ("Assignment"), is
entered into effective as of the "Effective Date" (as that term is defined below), by
and between (i) Pacific Point Partners, L.P., a California limited partnership
("Assignor"), (ii) SJD Partners, Ltd., a California limited partnership ("Assignee"),
and (iii) the City of San Juan Capistrano, a municipal corporation ("City").
RECITALS
A. Pursuant to that certain Agreement for Purchase and Sale of Real
Property and Escrow Instructions by and between Assignor, as Seller, and CWC, Inc.,
a California corporation ("CWC"), as Buyer, dated as of February 25, 1997, as
amended by that certain First Amendment to Purchase and Sale Agreement and
Escrow Instructions, dated as of March 31, 1997 (the "Purchase Agreement"),
Assignor has agreed to sell to CWC that certain real property located in the City of
San Juan Capistrano, County of Orange, State of California, which real property is
more particularly described in Exhibit "A". attached hereto and incorporated herein
by this reference (the "Pacific Point Project").
B. Assignor, as Owner, entered into that certain Development Agreement
for the Pacific Point Project, dated effective as of August 6, 1992 ( the "Development
Agreement") with the City, which Development Agreement affects the Pacific Point
Project.
C. Pursuant to the Purchase Agreement, Assignor is to assign all of
Assignor's rights and obligations under the Development Agreement to CWC or an
entity designated by CWC, and CWC or such entity so designated is to assume all of
Assignor's rights and obligations under the Development Agreement from
Assignor, as set forth hereinbelow.
D. CWC has assigned all of its rights and obligations under the Purchase
Agreement to the Assignee pursuant to an Assignment of Purchase Rights, effective
as of the Effective Date (the "CWC Assignment").
E. Pursuant to the Development Agreement, an assignment of any
portion of the Development Agreement must be pursuant to the assignment of all
or a portion of the Pacific Point Project, and such assignment must be pursuant to
the City's written consent.
F. The parties now desire to enter into this Assignment upon such terms
and conditions as are hereinafter set forth.
NOW THEREFORE, with reference to the foregoing Recitals, in consideration
of the mutual covenants herein contained, and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged,
Assignor and Assignee hereby agree as follows:
1. Inco oration of Recitals. The parties hereby incorporate into the
terms of this Assignment each and every one of the Recitals contained in
paragraphs A through F, inclusive, above, as though fully set forth herein.
2. Assignment and Succession to Rights and Obligations. Assignor
hereby absolutely and unconditionally assigns, conveys and transfers to Assignee,
and Assignee hereby expressly and unconditionally accepts and assumes, all of
Assignor's rights and obligations under the Development Agreement as and to the
extent such rights and obligations arise following the Effective Date of this
Assignment.
3. Consent to Assignment: Release. Pursuant to Section 4.2 of the
Development Agreement, (i) City hereby consents to this Assignment by the
Assignor of all of Assignor's rights and obligations under the Development
Agreement and Assignee's assumption of such rights and obligations; and (ii) City
hereby releases Assignor from the performance of the Assignor's obligations under
the Development Agreement for which the time of performance has not yet
occurred as of the Effective Date.
4. Representations and Warranties of Assignor. Assignor hereby
represents and warrants to Assignee as follows:
a. Assignor has the right, power, authority and capacity to execute,
deliver and perform Assignor's obligations under this Assignment; and
b. Assignor has not previously assigned or encumbered any of its
rights or interests under the Development Agreement to any person or entity.
5. Close of Escrow Contingency. The parties hereby agree that a contin-
gency to the effectiveness of this Assignment is that Assignor and Assignee
complete the sale of the Pacific Point Project pursuant to the Purchase Agreement.
The date of the close of the escrow thereunder shall be the "Effective Date' of this
Assignment. If the escrow does not close, the parties agree that this Assignment
shall be of no force or effect.
6. Notices. Assignor and City hereby agree that all future notices to the
Owner (as that term is defined in the Development Agreement) pursuant to
Section 11.13 of the Development Agreement shall be addressed as follows:
SJD Partners, Ltd.
C/o SunCal Companies
550 West Orangethorpe
Placentia, California 92670
Attention: Mr. Bruce Elieff
PJ
With copy to: Voss, Cook & Thel LLP
840 Newport Center Drive, Suite 700
Newport Beach, California 92660
Attention: Bruce V. Cook, Esq.
7. Miscellaneous.
a. Inte1pretations Governing Law. This Assignment shall be
construed according to its fair meaning and as if prepared by both parties
hereto. This Assignment shall be construed in accordance with laws of the
State of California. Any action shall be brought in a court of competent
jurisdiction located in Orange County, California.
b. Attorneys' Fees. In the event of any dispute between the parties
hereto or the institution of any action or proceeding to interpret or enforce
this Assignment, or arising out of the subject matter of this Assignment or
the transactions contemplated hereby, the prevailing party shall be entitled to
recover its reasonable expenses, attorneys' fees and costs, including profes-
sional or expert consultation or testimony and paralegal fees, both at trial and
on any appeal and in any administrative proceeding.
C. Authority and Capacity. Each of the persons signing this
Assignment represents and warrants that he or she is authorized to execute
and deliver this Assignment and that this Assignment will be binding upon
the party for whom such person has signed, and that the signature of no other
party or person is required in order to bind such party. Each person executing
this Assignment on behalf of a corporation represents and warrants that he or
she is duly authorized to execute and deliver this Assignment on behalf of
such corporation in accordance with authority granted under the formation
documents of such entity, and by a duly passed resolution of its Board of
Directors, that all conditions to the exercise of such authority have been
satisfied, and that this Assignment will be binding upon such entity in
accordance with its terms.
d. Execution in Counterparts. This Assignment may be executed in
several counterparts, and all so executed shall constitute one agreement
binding on all parties hereto, notwithstanding that all parties are not
signatories to the original or the same counterpart.
e. Titles and Captions. Titles and captions are for convenience
only and shall not constitute a portion of this Assignment. As used in this
Assignment, masculine, feminine or neuter gender and the singular or plural
3
number shall each be deemed to include the others wherever and whenever
the context so dictates.
IN "WITNESS WHEREOF, the parties have executed this Assignment
to be effective as of the Effective Date.
"Assignor"
Pacific Point Partners, L.P.,
a California limited partnership
By: One Chestnut, Inc., a Delaware
co pati , General Partn
By:
Its: P'e's-de"4'
"Assignee"
S-Jb_ 9Ck%kA"f,9Z -Tr)
a o. "179 l : nn� l Pwsi+rA �Gw
F3 -r. 53,0 oevNon0'44 Gv2p" o CO&I't.C'"'o-
By:
Its: CZne��t Pa��rn?�
,,City"
City of So
Rjuan Capotrano, a municipal
Its:
ATT T:
N Chery Jo son , City Clerk
Name:
I HEREBY APPROVE the form of the foregoing of this Assignment this
day of s'I o nt-� .1997.
By:
1-04� Name: In Shaw City Attorney
Exhibit "A" - Legal Description of the Pacific Point Project
SU CAUP� P=W TARTNTRSIDx+e W Awp - d rev. Ape.
0
0
THE LAND REFERRED TO IS DESCRIBED AS FOLLOWS:
THOSE PORTIONS OF LOTS 5 AND 8, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 4, PAGE 15 OF
RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY,
CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL A:
PARCEL A-1:
BEGINNING AT THE INTERSECTION OF THE NORTHEASTERLY LINE OF THAT CERTAIN PARCEL
OF LAND DESCRIBED AS PARCEL 8, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF
ORANGE, STATE OF CALIFORNIA, IN THE DEED RECORDED OCTOBER 6, 1930 IN BOOK .428,
PAGE 75 OF OFFICIAL RECORDS, WITH THE CENTERLINE OF THE CALIFORNIA STATE
HIGHWAY (100 FEET WIDE), AS DESCRIBED IN THE QUITCLAIM DEED RECORDED DECEMBER
29, 1944 IN BOOK 1287, PAGE 462 OF OFFICIAL RECORDS; THENCE FROM SAID POINT OF
BEGINNING, SOUTH 64 DEGREES 06 MINUTES 40 SECONDS EAST ALONG SAID
NORTHEASTERLY LINE, 947.49 FEET TO A POINT; THENCE SOUTH 25 DEGREES 53 MINUTES
28 SECONDS WEST 380.84 FEET TO A POINT; THENCE NORTH 76 DEGREES 24 MINUTES 40
SECONDS WEST 663.39 FEET TO A POINT; THENCE SOUTH 47 DEGREES 34 MINUTES 20
SECONDS WEST 119.84 FEET TO A POINT; THENCE NORTH 20 DEGREES 44 MINUTES WEST
432.01 FEET TO A POINT IN THE CENTERLINE OF SAID CALIFORNIA STATE HIGHWAY;
THENCE NORTH 35 DEGREES 49 MINUTES 02 SECONDS EAST ALONG SAID CENTERLINE,
341.93 FEET TO THE POINT OF BEGINNING, BEING A PORTION OF LOT 8 AS SHOWN ON A
LICENSED SURVEYOR'S MAP FILED IN BOOK 4, PAGE 15 OF RECORD OF SURVEYS, IN THE
OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.
EXCEPTING THEREFROM THAT PORTION LYING NORTHWESTERLY OF THE FOLLOWING
DESCRIBED LINE:
BEGINNING AT THE MOST SOUTHERLY CORNER OF THE LAND DESCRIBED IN DEED TO THE
STATE OF CALIFORNIA, RECORDED JUNE 13, 1967 IN BOOK 8277, PAGE 568 OF OFFICIAL
RECORDS OF SAID COUNTY; THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY LINE OF
SAID LAND, TO ITS INTERSECTION WITH THE SOUTHEASTERLY LINE OF THE LAND
DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED MAY 16, 1958 IN BOOK
4287, PAGE 239 OF OFFICIAL RECORDS; THENCE NORTHEASTERLY ALONG SAID LAST
MENTIONED SOUTHEASTERLY LINE, TO THE INTERSECTION WITH THE NORTHEASTERLY LINE
OF THE ABOVE DESCRIBED LAND.
PARCEL A-2:
BEGINNING AT A POINT WHICH BEARS SOUTH 64 DEGREES 06 MINUTES 40 SECONDS EAST
(RECORD SOUTH 64 DEGREES 03 MINUTES 45 SECONDS EAST) 947.49 FEET FROM THE
INTERSECTION OF THE NORTHEASTERLY LINE OF A CERTAIN PARCEL OF LAND DESCRIBED
AS PARCEL 8 IN THE DEED RECORDED OCTOBER 6, 1930 IN BOOK 428, PAGE 75 OF
OFFICIAL RECORDS, WITH THE CENTERLINE OF THE CALIFORNIA STATE HIGHWAY (100
FEET WIDE), AS DESCRIBED IN THE QUITCLAIM DEED RECORDED DECEMBER 29, 1944 IN
BOOK 1287, PAGE 462 OF OFFICIAL RECORDS, SAID POINT OF BEGINNING BEING THE
MOST EASTERLY CORNER OF THE LAND DESCRIBED IN PARCEL A-1 HEREIN; THENCE FROM
SAID POINT OF BEGINNING, SOUTH 25 DEGREES 53 MINUTES 20 SECONDS WEST 380.84
Exhibit A - page 1
0 0
FEET; THENCE SOUTH 76 DEGREES 24 MINUTES 40 SECONDS EAST 504.26 FEET; THENCE
SOUTH 25 DEGREES 51 MINUTES 40 SECONDS EAST 222.39 FEET; THENCE SOUTH 5
DEGREES 07 MINUTES 40 SECONDS EAST 1629.59 FEET TO A POINT IN THE EASTERLY
LINE OF LOT 8 AS SHOWN ON A LICENSED SURVEYOR'S MAF' FILED IN BOOK 4, PAGE 15
OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY,
CALIFORNIA; THENCE NORTH 22 DEGREES 45 MINUTES EAST 1810.42 FEET TO THE MOST
EASTERLY CORENR OF SAID LOT 8; THENCE NORTH 64 DEGREES 86 MINUT€S 40 SECONDS
WEST (RECORD NORTH 64 DEGREES 03 MINUTES 45 SECONDS WEST) 1407.90 FEET TO THE
POINT OF BEGINNING.
PARCEL A-3:
BEGINNING AT THE INTERSECTION OF THE NORTHEASTERLY LINE OF THAT CERTAIN PARCEL
OF LAND DESCRIBED AS PARCEL 8, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF
ORANGE, STATE OF CALIFORNIA, IN THE DEED RECORDED OCTOBER 6, 1938 IN BOOK 428,
PAGE 75 OF OFFICIAL RECORDS, WITH THE CENTERLINE OF THE CALIFORNIA STATE
HIGHWAY (108 FEET WIDE), AS DESCRIBED IN THE QUITCLAIM DEED RECORDED DECEMBER
29, 1944 IN BOOK 1287, PAGE 462 OF OFFICIAL RECORDS; THENCE FROM SAID POINT OF
BEGINNING, NORTH 35 DEGREES 49 MINUTES 82 SECONDS EAST ALONG THE CENTERLINE OF
THE CALIFORNIA STATE HIGHWAY, 295.04 FEET TO A POINT NORTH 54 DEGREES 19
MINUTES 58 SECONDS WEST OF THE MOST WESTERLY CORNER OF THE 37.10 ACRE PARCEL
OF LAND DESCRIBED AS PARCEL i IN THE DEED DATED NOVEMBER 12, 1947 FROM MARCO
F. FORSTER AND WIFE, TO ROSENBAUM RANCHO CO., RECORDED DECEMBER 30, 1947 IN
BOOK 1613, PAGE 219 OF OFFICIAL RECORDS; THENCE SOUTH 54 DEGREES 19 MINUTES 50
SECONDS EAST 427.84 FEET; THENCE NORTH 81 DEGREES i8 MINUTES EAST 385.20 FEET;
THENCE NORTH 35 DEGREES 02 MINUTES 20 SECONDS EAST 497.17 FEET; THENCE SOUTH
22 DEGREES 83 MINUTES i0 SECONDS EAST 1386.88 FEET; THENCE NORTH 64 DEGREES 06
MINUTES 40 SECONDS WEST (RECORD NORTH 84 DEGREES 03 MINUTES 45 SECONDS WEST)
1896.49 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM, ALL THAT PORTION OF SAID LAND LYING WESTERLY OF THE
FOLLOWING DESCRIBED LINE, BEING THE EASTERLY LINE OF THE LAND DESCRIBED IN -A
DEED TO THE STATE OF CALIFORNIA, RECORDED MAY 10, 1958 IN BOOK 4287, PAGE 239
OF OFFICIAL RECORDS.
BEGINNING AT THE INTERSECTION OF THE SOUTHWESTERLY LINE OF THE LAND ABOVE
DESCRIBED, WITH THE EASTERLY LINE OF SAID LAND TO THE STATE OF CALIFORNIA;
THENCE NORTH 14 DEGREES 80 MINUTES 59 SECONDS EAST ALONG SAID EASTERLY LINE OF
THE STATE OF CALIFORNIA, TO AN ANGLE POINT THEREIN; THENCE NORTH 35 DEGREES 49
MINUTES 02 SECONDS EAST ALONG SAID EASTERLY LINE, TO THE INTERSECTION OF SAID
EASTERLY LINE WITH THE NORTHEASTERLY LINE OF SAID LAND ABOVE DESCRIBED.
PARCEL A-4:
BEGINNING AT THE MOST EASTERLY .CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED
IN DEED RECORDED MAY 16, 1958 IN BOOK 4287, PAGE 239, OFFICIAL RECORDS OF SAID
ORANGE COUNTY; THENCE SOUTH 36 DEGREES 37 MINUTES 34 SECONDS WEST ALONG THAT
CERTAIN COURSE DESCRIBED IN SAID DEED AS HAVING A LENGTH OF 70.25 FEET, A
DISTANCE OF 70.25 FEET; THENCE NORTHERLY IN A DIRECT LINE TO THE SOUTHERLY
TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS 'SOUTH 14 DEGREES 49 MINUTES 31
SECONDS WEST, 64.42 FEET' IN A DEED FROM THE STATE OF CALIFORNIA, TO NOFIE
FAMULARO AND OTHERS, RECORDED IN BOOK 6501, PAGE 603 OF SAID OFFICIAL RECORDS;
SAID POINT BEING IN THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND
CONVEYED TO A. E. FARLEY BY DEED RECORDED IN BOOK 2153, PAGE 539 OF SAID
OFFICIAL RECORDS; THENCE ALONG SAID SOUTHWESTERLY LINE, SOUTH 53 DEGREES 31
MINUTES 18 SECONDS EAST 28.07 FEET TO THE POINT OF BEGINNING.
Exhibit A - page 2
0
0
EXCEPTING THEREFROM, ALL MINERALS, OIL, GASES AND OTHER HYDROCARBONS BY
WHATSOEVER NAME KNOWN, NOT OTHERWISE EXCEPTED, THAT MAY BE WITHIN OR UNDER THE
PARCEL OF LAND HEREINABOVE_ DESCRIBED; WITHOUT, HOWEVER, THE RIGHT TO DRILL,
DIG OR MINE THROUGH THE SURFACE THEREOF.
ALSO EXCEPTING THEREFROM, ALL MINERALS, OILS, GASES AND OTHER -HYDROCARBONS BY
WHATSOEVER NAME KNOWN, NOT OTHERWISE EXCEPTED, THAT MAY BE WITHIN OR UNDER THE
PARCEL OF LAND HEREINABOVE DESCRIBED; WITHOUT, HOWEVER, THE RIGHT TO DRILL,
DIG OR MINE THROUGH THE SURFACE THEREOF, SUBJECT TO THE EXCEPTION AND
RESERVATION OF ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES IN AND
UNDER SAID LAND BELOW A DEPTH OF 100 FEET, MEASURED VERTICALLY FROM THE
SURFACE OF SAID LAND, TOGETHER WITH THE RIGHT TO SLANT DRILL FOR THE PURPOSE
OF PRODUCING, SAVING AND SELLING THE SAME, AS RESERVED IN THE DEED FROM THE
STATE OF CALIFORNIA, RECORDED AUGUST 6, 1963 IN BOOK 6663, PAGE 408 OF
OFFICIAL RECORDS.
PARCEL B:
THAT PORTION OF LOT 8, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 4, PAGE 15 OF RECORD OF
SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE NORTHEASTERLY LINE OF THAT CERTAIN
PARCEL OF LAND DESCRIBED AS PARCEL 8 IN THE DEED RECORDED OCTOBER 6, 1930 IN
BOOK 428, PAGE 75 OF OFFICIAL RECORDS, WITH THE CENTERLINE OF THE CALIFORNIA
STATE HIGHWAY 000.00 FEET WIDE), AS DESCRIBED IN THE QUITCLAIM DEED RECORDED
DECEMBER 19, 1944 IN BOOK 1287, PAGE 462 OF OFFICIAL RECORDS; THENCE SOUTH 35
DEGREES 49 MINUTES 02 SECONDS WEST ALONG THE CENTERLINE OF SAID HIGHWAY,
341.93 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTH
20 DEGREES 44 MINUTES EAST 432.01 FEET; THENCE SOUTH 10 DEGREES 26 MINUTES 40
SECONDS EAST 251.43 FEET; THENCE SOUTH 21 DEGREES 29 MINUTES 20 SECONDS WEST
634.52 FEET; THENCE SOUTH 59 DEGREES 19 MINUTES 20 SECONDS EAST 1185.00 FEET;.
THENCE NORTH 49 DEGREES 59 MINUTES 20 SECONDS EAST 706.11 FEET; THENCE SOUTH
05 DEGREES 87 MINUTES 40 SECONDS EAST 1032.12 FEET; THENCE SOUTH 22 DEGREES 45
MINUTES WEST 233.36 FEET; THENCE SOUTH 74 DEGREES 20 MINUTES WEST 617.11 FEET;
THENCE SOUTH 62 DEGREES 30 MINUTES 45 SECONDS WEST 1127.52 FEET; THENCE SOUTH
61 DEGREES 04 MINUTES WEST 1300.17 FEET; THENCE SOUTH 76 DEGREES WEST 755.38
FEET TO A POINT IN THE EASTERLY LINE OF THE CALIFORNIA STATE HIGHWAY; THENCE
NORTH 05 DEGREES 81 MINUTE 30 SECONDS EAST ALONG SAID LINE OF SAID HIGHWAY,
238 FEET, MORE OR LESS, TO THE INTERSECTION WITH THE EASTERLY LINE OF SAID
PRYOR HOMESTEAD; THENCE ALONG SAID EASTERLY LINE OF SAID PRYOR HOMESTEAD,
NORTH 27 DEGREES 53 MINUTES 30 SECONDS EAST 89.98 FEET; THENCE NORTH 05
DEGREES 30 MINUTES EAST 1847.16 FEET; THENCE NORTH 13 DEGREES 32 MINUTES EAST
431.67 FEET TO THE INTERSECTION OF SAID PRYOR HOMESTEAD WITH THE CENTERLINE OF
SAID CALIFORNIA STATE HIGHWAY; THENCE NORTHERLY ALONG SAID CENTERLINE, ALONG A
CURVE THEREOF, 382.72 FEET TO THE NORTHERLY END OF SAID CURVE; THENCE
CONTINUING ALONG THE CENTERLINE OF SAID HIGHWAY, NORTH 38 DEGREES 54 MINUTES
EAST 1565.30 FEET TO ENGINEER'S STATION 454+71.88 THEREOF; THENCE CONTINUING
NORTHERLY ALONG THE CENTERLINE OF SAID HIGHWAY, ALONG A CURVE THEREOF, 218.17
FEET TO THE NORTHERLY END OF SAID CURVE AT ENGINEER'S STATION 456+90.05;
THENCE CONTINUING ALONG THE CENTERLINE OF SAID HIGHWAY, NORTH 26 DEGREES 24
MINUTES EAST 710.97 FEET TO ENGINEER'S STATION 464+01.02; THENCE SOUTHEASTERLY
TO THE TRUE POINT OF BEGINNING.
Exhibit A - page 3
0 0
EXCEPTING THEREFROM, THE FOLLOWING PARCELS OF LAND:
(A) BEGINNING AT A POINT IN THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL OF
LAND DESCRIBED AS PARCEL 1 IN DEED FROM MARCO F. FORSTER AND ELIZABETH FORSTER
TO WENDELL K. MC CRACKEN AND HELEN V. MC CRACKEN, RECORDED IN BOOK 1603, PAGE
298 OF OFFICIAL RECORDS, RECORDS OF ORANGE COUNTY, CALIFORNIA, SAID POINT
BEING SOUTH 59 DEGREES 19 MINUTES 20 SECONDS EAST 459.i0 FEET•FROM THE MOST
WESTERLY CORNER THEREOF; THENCE SOUTH 59 DEGREES 19 MINUTES 20 SECONDS EAST
257.58 FEET; THENCE SOUTH 2 DEGREES 38 MINUTES 20 SECONDS WEST 208.06 FEET;
THENCE SOUTH 17 DEGREES 51 MINUTES 20 SECONDS WEST 182.71 FEET TO THE
BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 150 FEET
AND A CENTRAL ANGLE OF 54 DEGREES 00 MINUTES 40 SECONDS; THENCE IN A
SOUTHWESTERLY DIRECTION ALONG THE ARC OF THE ABCVE MENTIONED CURVE, 141.40
FEET; THENCE SOUTH 71 DEGREES 52 MINUTES 00 SECONDS WEST 239.97 FEET TO THE
BEGINNING OF A CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS OF 300 FEET AND
A CENTRAL ANGLE OF 23 DEGREES 07 MINUTES 54 SECONDS; THENCE IN A WESTERLY
DIRECTION ALONG THE ARC OF THE ABOVE MENTIONED CURVE, 121.12 FEET; THENCE
NORTH 85 DEGREES 00 MINUTES O6 SECONDS WEST 401.33 FEET; THENCE NORTH 73
DEGREES 30 MINUTES 02 SECONDS WEST 16.62 FEET; THENCE NORTH 39 DEGREES 15
MINUTES 40 SECONDS EAST 1039.24 FEET TO THE POINT OF BEGINNING.
(B) BEGINNING AT THE INTERSECTION OF THE NORTHEASTERLY LINE OF THAT CERTAIN
PARCEL OF LAND DESCRIBED AS PARCEL 8 IN THE DEED RECORDED OCTOBER 6, 1930 IN
BOOK 428, PAGE 75 OF OFFICIAL RECORDS, WITH THE CENTERLINE OF THE CALIFORNIA
STATE HIGHWAY (100 FEET WIDE), AS DESCRIBED IN A QUITCLAIM DEED RECORDED
DECEMBER 29, 1944 IN BOOK 1287, PAGE 462 OF OFFICIAL RECORDS; THENCE SOUTH 35
DEGREES 49 MINUTES 02 SECONDS WEST 341.93 FEET; THENCE SOUTH 20 DEGREES 44
MINUTES EAST 432.01 FEET; THENCE SOUTH 10 DEGREES 26 MINUTES 40 SECONDS EAST
251.43 FEET; THENCE SOUTH 21 DEGREES 29 MINUTES 20 SECONDS WEST 634.52 FEET;
THENCE SOUTH 27 DEGREES 59 MINUTES 58 SECONDS WEST 586.56 FEET TO THE
BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A CENTRAL ANGLE OF 11
DEGREES 47 MINUTES AND A RADIUS OF 400 FEET; THENCE IN A SOUTHWESTERLY
DIRECTION, ALONG THE ARC OF THE ABOVE MENTIONED CURVE, 82.26 FEET; THENCE
SOUTH 39 DEGREES 46 MINUTES 50 SECONDS WEST 182.53 FEET TO THE BEGINNING OF A
CURVE CONCAVE TO THE SOUTHEAST, HAVING A CENTRAL ANGLE OF 28 DEGREES 16
MINUTES 50 SECONDS AND A RADIUS OF 200 FEET; THENCE SOUTHWESTERLY AND
SOUTHERLY ALONG THE ARC OF THE LAST MENTIONED CURVE, 98.72 FEET; THENCE SOUTH
i1 DEGREES 30 MINUTES 00 SECONDS WEST 136.18 FEET TO THE BEGINNING OF A CURVE
CONCAVE TO THE NORTHEAST, HAVING A. CENTRAL ANGLE OF 85 DEGREES 00 MINUTES 02
SECONDS AND A RADIUS OF 108 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF THE
LAST MENTIONED CURVE, 148.35 FEET; THENCE SOUTH 73 DEGREES 38 MINUTES 02
SECONDS EAST 74.0.1 FEET TO A POINT, SAID POINT BEING THE TRUE POINT OF
BEGINNING OF THE HEREIN DESCRIBED LAND; THENCE FROM SAID TRUE POINT OF
BEGINNING, SOUTH 73 DEGREES 30 MINUTES 02 SECONDS EAST 71.67 FEET; THENCE
SOUTH 85 DEGREES 08 MINUTES 06 SECONDS EAST 208.15 FEET; THENCE SOUTH 40
DEGREES 17 MINUTES 40 SECONDS EAST 158.73 FEET; THENCE SOUTH 3 DEGREES 04
MINUTES 20 SECONDS WEST 149.85 FEET; THENCE SOUTH 51 DEGREES 07 MINUTES 20
SECONDS WEST 146.40 FEET; THENCE SOUTH 63 DEGREES 12 MINUTES 20 SECONDS WEST
69.65 FEET; THENCE SOUTH 83 DEGREES 07 MINUTES 20 SECONDS WEST 127.60 FEET;
THENCE NORTH 71 DEGREES 47 MINUTES 40 SECONDS WEST 110.65 FEET; THENCE NORTH
DEGREE 22 MINUTES 20 SECONDS EAST 251.90 FEET; THENCE NORTH 13 DEGREES 42
MINUTES 10 SECONDS EAST 165.39 FEET TO THE TRUE POINT OF BEGINNING.
(C) BEGINNING AT A POINT WHICH BEARS SOUTH 49 DEGREES 59 MINUTES 20 SECONDS
WEST 706.11 FEET, AND THENCE NORTH 59 DEGREES 19 MINUTES 20 SECONDS WEST
167.89 FEET FROM THE MOST EASTERLY CORNER OF PARCEL i OF THE LAND DESCRIBED IN
Exhibit A - page 4
THE DEED TO WENDELL K. MC CRACKEN AND OTHERS, RECORDED DECEMBER 30, 1947 IN
BOOK 1603, PAGE 298 OF OFFICIAL RECORDS; RUNNING THENCE FROM SAID FOINI OF
BEGINNING, NORTH 59 DEGREES 19 MINUTES 20 SECONDS WEST 301.23 FEET; THENCE
SOUTH 2 DEGREES 38 MINUTES 20 SECONDS WEST 208.06 FEET; THENCE SOUTH 17
DEGREES 21 MINUTES 40 SECONDS EAST 153.30 FEET; THENCE NORTH 17 DEGREES 51
MINUTES 20 SECONDS EAST 29.42 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE
EAST, HAVING A CENTERLINE RADIUS OF 150.00 FEET, AND CENTRAL ANGLE OF 36
DEGREES 48 MINUTES 30 SECONDS; THENCE IN A NORTHERLY DIRECTION, ALONG THE ARC
OF THE ABOVE MENTIONED CURVE, 96.36 FEET; THENCE NORTH 54 DEGREES 39 MINUTES
50 SECONDS EAST 91.28 FEET; THENCE NORTH 62 DEGREES 38 MINUTES 20 SECONDS EAST
93.90 FEET TO THE POINT OF BEGINNING.
(D) COMMENCING AT THE INTERSECTION OF THE NORTHEASTERLY LINE OF THAT CERTAIN
PARCEL OF LAND DESCRIBED IN PARCEL 8 IN THE DEED RECORDED OCTOBER 6, 1930 IN
BOOK 428, PAGE 75 OF OFFICIAL RECORDS IN SAID OFFICE, (ALSO BEING THE
NORTHEASTERLY LINE OF SAID LOT 8), WITH THE CENTERLINE OF THE CALIFORNIA STATE
HIGHWAY (100 FEET WIDE), AS DESCRIBED IN DEED RECORDED IN BOOK 1298, PAGE 372
OF SAID OFFICIAL RECORDS; THENCE ALONG SAID CENTERLINE, SOUTH 36 DEGREES 37
MINUTES 34 SECONDS WEST 341.93 FEET TO THE TRUE POINT OF BEGINNING OF THIS
DESCRIPTION; THENCE SOUTH 19 DEGREES 55 MINUTES 28 SECONDS EAST 134.41 FEET;
THENCE SOUTH 56 DEGREES 33 MINUTES O6 SECONDS WEST 9.71 FEET; THENCE NORTH 53
DEGREES 22 MINUTES 26 SECONDS WEST 30.00 FEET TO A POINT ON A LINE PARALLEL
WITH AND DISTANT SOUTHEASTERLY 79.00 FEET, MEASURED AT RIGHT ANGLES FROM SAID
CENTERLINE, SAID POINT BEING OPPOSITE ENGINEER'S STATION 461+46.90; THENCE
ALONG SAID PARALLEL LINE, SOUTH 36 DEGREES 37 MINUTES 34 SECONDS WEST 1500.00
FEET TO A POINT OPPOSITE ENGINEER'S STATION 446+46.90 OF SAID CENTERLINE;
THENCE LEAVING SAID PARALLEL LINE, SOUTH 31 DEGREES 19 MINUTES 36 SECONDS WEST
1018.78 FEET; THENCE SOUTH 16 DEGREES 55 MINUTES 16 SECONDS WEST 137.47 FEET;
THENCE SOUTH 53 DEGREES 28 MINUTES 47 SECONDS EAST 467.53 FEET; THENCE SOUTH
15 DEGREES 38 MINUTES 32 SECONDS WEST 259.62 FEET; THENCE SOUTH 47 DEGREES 28
MINUTES 28 SECONDS WEST 685.78 FEET; THENCE SOUTH 5 DEGREES 15 MINUTES 42
SECONDS WEST 380.21 FEET; THENCE SOUTH 33 DEGREES 25 MINUTES 42 SECONDS EAST
350.49 FEET TO A POINT ON THE LINE DESCRIBED IN DEED TO MARCO F. FORSTER AND
ELIZABETH J. FORSTER, RECORDED IN BOOK 856, PAGE 70 OF SAID OFFICIAL RECORDS,
AS HAVING A BEARING SOUTH 76 DEGREES WEST, DISTANT EASTERLY 515.82 FEET FROM
THE WESTERLY TERMINUS OF SAID LINE; THENCE ALONG SAID LINE, SOUTH 76 DEGREES
48 MINUTES 32 SECONDS WEST 515.82 FEET TO A POINT IN THE EASTERLY LINE OF THE
CALIFORNIA STATE HIGHWAY, AS SHOWN ON SAID MAP; THENCE ALONG SAID EASTERLY
LINE, NORTH 5 DEGREES 50 MINUTES 02 SECONDS EAST 238.00 FEET, MORE OR LESS, TO
THE INTERSECTION WITH THE EASTERLY LINE OF THE PRYOR HOMESTEAD, AS DESCRIBED
IN DECREE RECORDED IN BOOK 7, PAGE 31 OF HOMESTEADS IN THE OFFICE OF THE
COUNTY RECORDER Of LOS ANGELES COUNTY, CALIFORNIA; THENCE ALONG SAID EASTERLY
LIN£ OF SAID PRY& HOMESTEAD, IN A GENERAL NORTHERLY DIRECTION TO THE
INTERSECTION OF SAID EASTERLY LINE WITH THE CENTERLINE OF THE CALIFORNIA STATE
HIGHWAY, AS SHOWN ON SAID MAP; THENCE IN A GENERAL NORTHEASTERLY DIRECTION,
ALONG SAID LAST MENTIONED CENTERLINE TO ENGINEER'S STATION 464+01.02; THENCE
SOUTHEASTERLY TO THE POINT OF BEGINNING.
(E) COMMENCING AT THE MOST SOUTHERLY CORNER OF PARCEL 13, AS SHOWN ON THE
RECORD OF SURVEY MAP RECORDED IN BOOK 49, PAGE 24 OF RECORD OF SURVEYS IN THE
OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA; THENCE NORTH 59
DEGREES 19 MINUTES 20 SECONDS WEST 167.89 FEET ALONG THE SOUTHWESTERLY
BOUNDARY OF SAID PARCEL i3; THENCE SOUTH 1 DEGREE 09 MINUTES 20 SECONDS EAST
133.47 FEET; THENCE SOUTH 29 DEGREES 54 MINUTES 20 SECONDS EAST 114.93 FEET;
THENCE NORTH 79 DEGREES 42 MINUTES 40 SECONDS EAST 62.64 FEET; THENCE NORTH 9
DEGREES 03 MINUTES 50 SECONDS WEST 70.39 FEET; THENCE NORTH 26 DEGREES 54
FXh,I„+ A - ,, ,,. , S
S
•
MINUTES 40 SECONDS EAST 74.81 FEET 1'0 THE POINT OF BEGINNING.
(F) BEGINNING AT THE NORTHEASTERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED
IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED IN BOOK 4248, PAGE 286,
OFFICIAL RECORDS, IN SAID OFFICE, AS HAVING A BEARING AND DISTANCE OF •SOUTH
31 DEGREES 19 MINUTES 36 SECONDS WEST, 1018.78 FEET'; THENCE ALONG SAID
CERTAIN COURSE, SOUTH 31 DEGREES 19 MINUTES 36 SECONDS WEST 100.43 FEET;
THENCE NORTH 39 DEGREES 54 MINUTES 08 SECONDS EAST 100.16 FEET; THENCE NORTH
38 DEGREES 03 MINUTES 30 SECONDS EAST 200.06 FEET; THENCE NORTH 35 DEGREES ii
MINUTES 38 SECONDS EAST 400.12 FEET; THENCE NORTH 36 DEGREES 37 MINUTES 34
SECONDS EAST 359.76 FEET TO THE EASTERLY LINE OF A 60.00 -FOOT STRIP OF LAND AS
DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED IN BOOK 28', PAGE
243 OF DEEDS IN SAID OFFICE; THENCE ALONG SAID EASTERLY LINE NORTH 27..DEGREES
12 MINUTES 32 SECONDS EAST 61.11 FEET TO THAT CERTAIN COURSE DESCRIBED IN
FIRST MENTIONED DEED AS HAVING A BEARING AND DISTANCE OF 'SOUTH 36 DEGREES 37
MINUTES 34 SECONDS WEST, 1500.00 FEET'; THENCE ALONG LAST MENTIONED CERTAIN
COURSE, SOUTH 36 DEGREES 37 MINUTES 34 SECONDS WEST 1020.05 FEET TO THE POINT
OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN THE LAND CONVEYED IN SAID
DEED TO THE STATE OF CALIFORNIA, RECORDED IN BOOK 4800, PAGE 195, OFFICIAL
RECORDS.
(G) BEGINNING AT A POINT IN SAID CERTAIN COURSE DESCRIBED IN PARCEL (F) ABOVE
AS HAVING A DISTANCE OF 1018.78 FEET, DISTANT THEREON NORTH 31 DEGREES 19
MINUTES 36 SECONDS EAST 96.42 FEET FROM THE SOUTHWESTERLY TERMINUS OF SAID
LAST MENTIONED CERTAIN COURSE; THENCE NORTH 38 DEGREES 37 MINUTES 52 SECONDS
EAST 193.79 FEET; THENCE NORTH 16 DEGREES 39 MINUTES 26 SECONDS EAST 97.29
FEET TO SAID LAST MENTIONED CERTAIN COURSE; THENCE ALONG SAID LAST MENTIONED
CERTAIN COURSE, SOUTH 31 DEGREES 19 MINUTES 36 SECONDS WEST 286.34 FEET TO THE
POINT OF BEGINNING.
(H) BEGINNING AT THE NORTHWESTERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED
IN SAID DEED RECORDED IN SAID BOOK 4248, PAGE 286, AS HAVING A BEARING AND
DISTANCE OF *SOUTH 33 DEGREES 25 MINUTES 42 SECONDS EAST, 350.49 FEET*; THENCE
ALONG SAID LAST MENTIONED CERTAIN COURSE, SOUTH 33 DEGREES 25 MINUTES 42
SECONDS EAST 27.40 FEET; THENCE NORTH 4 DEGREES 41 MINUTES 55 SECONDS EAST
218.15 FEET; THENCE NORTH 3 DEGREES 44 MINUTES 43 SECONDS WEST 95.73 FEET TO A
POINT IN THAT CERTAIN COURSE DESCRIBED IN LAST SAID DEED AS HAVING A BEARING
AND DISTANCE OF 'SOUTH 5 DEGREES 15 MINUTES 42 SECONDS WEST, 380.21 FEET•;
DISTANT THEREON NORTH 5 DEGREES 15 MINUTES 42 SECONDS EAST 291.29 FEET FROM
THE POINT OF BEGINNING; THENCE ALONG SAID LAST MENTIONED CERTAIN COURSE, SOUTH
5 DEGREES 15 MINUTES 42 SECONDS WEST 291.29 FEET TO THE POINT OF BEGINNING.
(I) THAT PORTION OF SAID LAND CONVEYED TO THE STATE OF CALIFORNIA BY DEED
RECORDED AUGUST 30, 1971 IN BOOK 9782, PAGE 185, OFFICIAL RECORDS.
(J) THAT PORTION OF SAID LAND CONVEYED TO JERRY W. NEELY AND NANCY C. NEELY
HUSBAND AND WIFE, BY DEED RECORDED OCTOBER 20, 1977 IN BOOK 12423, PAGE 126,
OFFICIAL RECORDS.
THE ABOVE DESCRIBED PARCELS OF LAND ARE SHOWN ON MAP RECORDED IN BOOK 103,
PAGES 8 TO 12 INCLUSIVE OF RECORD OF SURVEY MAPS IN THE OFFICE OF THE COUNTY
RECORDER OF SAID ORANGE COUNTY.
PARCEL C
F,xhibit A - T)a�re 6
EXECUTED IN TRIPLICATE •
BOND •. SD00031627
PREMIUM: $2,047.00
STATUTORY PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, that SJD PARTNERS. LTD.. A CALIFORNIA
LIMITED PARTNERSHIP as Principal (hereinafter called
"Contractor"), and FRONTIER PACIFIC INSURANCE COMPANY ,
as Surety (hereinafter called "Surety"), are held and finely bound unto the City of San Juan
Capistrano, as obligee (hereinafter called "City"), in the amount of Two HUNDRED FIFTY
FIVE THOUSAND NINE HUNDRED TWENTY FIVE AND NO/100---- Dollars($ 255,925.00
for payment whereof Contractor and Surety bind themselves, their heirs, executors,
administrators, successors and assigns, jointly and severally, fairly by these presents.
WHEREAS, Contractor is required to provide a faithful performance bond pursuant
to the statutory requirements of the San Juan Capistrano Municipal Code to guarantee
certain work, more particularly described as follows: TRACT 14196 PACIFIC POINT
STORM DRAIN IMPROVEMENTS
NOW, THEREFORE, the condition of this obligation is such that, if Principal shall
promptly and faithfully perform said statutory obligation, then this obligation shall be null
and void; otherwise it shall remain in full force and effect. Surety waives whatever legal
right it may have to require that a demand be made first against the Principal in the event
of default.
BE IT FURTHER RESOLVED, that:
1. As a part of the obligation secured hereby, and in addition to the face amount
specified, there shall be included costs and reasonable expenses and fees, including
c:\w*n6O\wpdocsVorrns\perform.bnd -1- 0&17/W
•
BOND. SD00031627
reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all
to be taxed as costs and included in any judgment rendered.
2. Said Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration, or modification of statutory obligation, 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, or
of the work to be performed thereunder.
Executed this 14TH day of AUGUST 1998 , at ORANGE
, California.
AS TO FORM:
R. Shaw, City Attorney
c:Nvpvdn601wpdocslformslperform.bnd -2-
SJD PARTNERS, LTD., A CALIFORNIA LIMITED
PARTNEI�IP
BY:A� /�
(NOTARIZATION AND SEAL)
FRONTIE(\RPACIFI INSU CE COMPANY
BY: C VI \
D.J--KCARD, Attorney—in—Fact
(NOTARIZATION AND SEAL)
06/17/96
0 0
ALL-PURPOSE ACKNOWLEDGMENT
Comm. b 1152378
NOTARY PUBLIC -CALIFORNIA N � -
Onnge County N.yti
My Comm. Expires Aug. 21, 2001 NOTARY'S SIGNATURE
OPTIONAL INFORMATION
17re information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
edgment to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL)
❑ INDIVI L
❑ CORPORATE FICFR
❑ PARTNER(S)
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF
NUMBER OF PAGES
• ❑ GUARDIAN/CONSERVATOR DATE OF DOCUMENT i
' ❑ OTIIER: 1
' OTHER '
• E •
1 RIGHTTHUMBPRIN I
• SIGNER IS PRESENTING: OF •
NAMR OP PE N(S) OR ENrI'rY(IL+S)
' SIGNER
s
APA 5197 VALLEY-SuiRRA, 800-362-3369
State of California
l
•
/
fCounty of
JJJ
} Ss.
SIO
'
' On /'IIA GIr3 /�, (rj before me,
ILASI�CE
1 personally appeared (gau Ce- z_ieFr
(NOTARY)
i
/
SIONRR(5)
,�,/
' L7 personally known to me - OR- ❑
proved to me on the basis of satisfactory
'
evidence to be the person(s) whose name(s)
•
Iis/are
subscribed to the within instrument and
'
•
acknowledged to me that he/she/they executed
•
'
the same in his/her/their authorized
f
•
capacity(ies), and that by his/her/their
•
'
signature(s) on the instrument the person(s),
f
•
or the entity upon behalf of which the
•
'
person(s) acted, executed the instrument.
f
!
WITNESS my hand and official seal.
!
' KIM E. KASULKE
'
Comm. b 1152378
NOTARY PUBLIC -CALIFORNIA N � -
Onnge County N.yti
My Comm. Expires Aug. 21, 2001 NOTARY'S SIGNATURE
OPTIONAL INFORMATION
17re information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
edgment to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL)
❑ INDIVI L
❑ CORPORATE FICFR
❑ PARTNER(S)
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF
NUMBER OF PAGES
• ❑ GUARDIAN/CONSERVATOR DATE OF DOCUMENT i
' ❑ OTIIER: 1
' OTHER '
• E •
1 RIGHTTHUMBPRIN I
• SIGNER IS PRESENTING: OF •
NAMR OP PE N(S) OR ENrI'rY(IL+S)
' SIGNER
s
APA 5197 VALLEY-SuiRRA, 800-362-3369
STATE'OF
CALIFORNIA •
COUNTY OF ORANGE
On 8/14/98 ,before
PERSONALLY APPEARED
•
SS.
A. SENSI, NOTARY PUBLIC
D. J. PICARD
personally known to me
to be the personoo) whose name(X)
is/XM subscribed to the within instrument and acknowl-
edged to me that he1d1TYJV executed the same in his/
I M authorized capacity(iKs), and that by his/14#Ll{/
Mak signature's on the instrument the personf, or the
entity upon behalf of which the person() acted, executed
the instrument.
WITNESS my hand and official seal.
Signature 1 1 ��r r"✓
OPTIONAL
a
... BEE.TA q:NSI
COMM. 01133739
_m NOTARY Pu9LKMUNT ORtlw
OR"E CODAITY 1
my Oolmn. Fx0. AP
This area for Official Notarial Seal
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTnY(IES)
FRONTIER PACIFIC INSURANCE COMPANY
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
14/98
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
ID -081 Rev. 6/94 ALL-PURPOSE ACKNOWLEDGEMENT
F
EXECUTED IN TRIPLICATE Bond No. SD00031627
PREMIUM CHARGED IS INCLUDED
IN PERFORMANCE BOND
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 _SJD _PARTNERS,_ LTD. ,_ A CALIFORNIA LIMITED PARTNERSHIP
(hereinafter designated as "Principal'), have entered into a Subdivision Agreement
whereby Principal agrees to install and complete certain designated improvements which
said Agreement, dated 19and identified as
Project TRACT 14196 PACIFIC POINT STORM DRAIN IMPROVEMENT 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 FRONTIER PACIFIC INSURANCE
COMPANY as Surety, are held and firmly bound
unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum
of TWO HUNDRED FIFTY FIVE THOUSAND NINE HUNDRED TWENTY FIVE AND N01100 -------
Dollars ($ 255,925.00 ) lawful money of the United States, for the payment of
which sum well and truly to be made, we bind ourselves, our heirs, successors, executors
and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that, if the above bound Principal, his
or its heirs, executors, administrators, successors or assigns, shall in all things stand to
and abide by and well and truly keep and perform the covenants, conditions and
provisions in the said agreement and any alteration thereof made as therein provided, on
his or their part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to their true intent and meaning, and shall
indemnify and save harmless the City, its officers, agents and employees as therein
stipulated, then this obligation shall become null and void; otherwise it shall be and
remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount
specified therefor, there shall be included costs and reasonable expenses and fees
Iof2
BOND NO. SD00031627
The Surety hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the agreement or to the work to be performed
thereunder or the specifications accompanying the same shall in any wise affect its
obligations on this bond, and it does hereby waive notice of any such change, extension of
time, alteration or addition to the terms of the agreement or to the work or to the
specifications.
IN WITNESS WHEREOF, three (3) identical counterparts of this instrument,
each of which shall for all purposes be deemed an original thereof, have been duly
executed by the Principal and Surety herein named on the 14TH day
of AUGUST_, 19 98 the name and corporate seal of each corporate party
being hereto affixed and these presents duly signed by its undersigned representatives
pursuant to authority of its governing body.
AS TO
K. bENHALTER, CITY
NOTE: Please Attach
Acknowledgement and
Power of Attorney
PRINCIPAL
SJD PARTNERS, LTD., A CALIFORNIA LIMITED
PARTNERSHIP
BY: AW GG4'
(NOTARIZATION AND SEAL)
SURETY
FRONTI Z PACIF INS CE COMPANY
BY:
D.J. PICARD, Atto ey-in-Fact
2 of 2
(NOTARIZATION AND SEAL)
0
ALL-PURPOSE ACKNOWLEDGMENT
0
F • a•a•a•a• a•a•a•a•a•a•a•a• a•a•a•a• a•�
•
1
• State of California
l
•
f County of (/f�9nl GC
J
} SS.
'
'
' On �LA 6 u a 'r t, (g2 5 f before me,
Y
�in E, ggL1 —
I
(DATE)
n
'personally appeared I ak CE e LJCFp
NOTA
'
�
SIGNER(S)
,�
' L9'personally known to me - OR- ❑
proved to me on the basis of satisfactory
f
•
evidence to be the person(s) whose name(s)
•
'
is/are subscribed to the within instrument and
f
•
acknowledged to me that he/she/they executed
•
Ithe
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.
'
!
KIM E. KASULKE
WITNESS my hand and official seal.
!
'
.- Comm. N 1152378 r�(
N
f
• N NO PUBLIC-CAL
•
' Orenpounty. �
/
'
21, 20
M Comm.mExpeiresCAup21, 2001
,
� 13•+w++•�++��••+�+•e�•�
T—NOTAR 'S SIGN URE
�
OPTIONAL INFORMATION
«ion below is not required by law. However, it could prevent fraudulent attachment of this aclmowl-
an unauthorized document.
CAPACITY CU MED BY SIGNER (PRINCIPAL)
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
PARTNER(S)
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER:
SIGNER IS 'PRESENT
NAME OF PE N(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
PAGES
/ \ter u�wmcrvi
•
1
ER
'
E
•
RIGHT THUMBPRINT
'
GP
SIGNER
E
�
I
a•a•a•a• a•a•a•a• a•a•�
APA 5197 VALLEY -SIERRA, 800-362-3369
STATE OF. CALIFORNIA
COUNTY OF ORANGE
I SS. •
On 8/14/98 before me,BEATA A. SENSI, NOTARY PUBLIC
PERSONALLY APPEARED
D. J. PICARD
personally known to me (
to be the person%) whose name%)
is/M subscribed to the within instrument and acknowl-
edged to me that he/d&XVXOV executed the same in his/
bmU6L= authorized capacity(iYs), and that by his/1€iti!(
Mkk signature" on the instrument the persorft or the
entity upon behalf of which the person4) acted, executed
the instrument.
WITNESS my hand and official seal.
SignatureQ/
OPTIONAL
alm~ NSI133739CALIFORNIA
OUNTYpr 14.2001 }sJ
This area for Oficial Notarial Seal
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
FRONTIER PACIFIC INSURANCE COMPANY
10-081 Rev. 6/94
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
ALL-PURPOSE ACKNOWLEDGEMENT
4L
PZRONTIER EDNACasa
INSURANCE COMPANY
(a Colifornla Company)
4250 Executive Square, Suite 200, La Jolla, California 92037
POWER OF ATTORNEY
AnOW (Aff 0011 93y VryC$C (1rC5CMS: That FRONTIER PACIFIC INSURANCE COMPANY, a California Corporation, having Its principal office
in La Jolla, California, pursuant to the following resolution, adopted by the Board of Directors of the Corporation on the 15th day of November, 1991.
'RESOLVED, that the Chairman of the Board the President, or arty Vice President be, and hereby is, authorized to appoint Attorneys -in -
Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of Indemnity
and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety
business;
'RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney
or to any certificate relating thereto by facsimile, and any such Power of Attomey or certificate bearing such facsimile signatures or facsimile
seal shell be valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of
indemnity or writing obligatory in the nature thereof;
'RESOLVED, that any such Attomey-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in
such certification the dale thereof, said date to be not later than the date of delivery thereof by such Attomey-in-Fact.'
This Power of Attorney is signed and seated in facsimile under and by the authority of the above Resolution.
DOES HEREBY MAKE, CONSTITUTE AND APPOINT: TODD M. ROHM D.J. PICARD
CATHY S. KENNEDY
Orange California
Of , In the State of
Its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred in Its name, place and stead to sign, execute, acknowledge and deliver
In its behalf, and as its act and deed, without power of redelegation, as follows:
Bonds guaranteeing the fidelity of persons holding places of public or private trust, guaranteeing the performance of contracts other than
Insurance policies; and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed;
IN AN AMOUNT NOTTO EXCEED SIX HUNDRED FIFTY THOUSAND ($650,000.00) DOLLARS; and to bind FRONTIER PACIFIC INSUR-
ANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of
FRONTIER PACIFIC INSURANCE COMPANY, and all the acts of said Attomey(s)-in-Fact pursuant to the authority herein given are hereby
ratified and confirmed.
att (Uitntss 01jjtrt0 f FRONTIER PACIFIC INSURANCE COMPANY of La Jolla, California, has caused this Power of Attorney to be signed by its
Vice President and its Corporate seal to be affixed this 7th day of April 119
98
FRONTIER PACIFIC INSURANCE COMPANY
s 4,.oda BY:
STATE OF CALIFORNIA)...........'•' DAVID E. CAMPBELL, Vice President
COUNTY OF SAN DIEGO)
On April 7, 1998 before me, Treva Kensler, Notary Public, personally appeared David E. Campbell, personally known to
me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and
that by his signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal
---------------
TREVA KENSLER
QCommission x 1045661 Z
Zemy
Notary Public — California Z
ZSon Diego County
Comm. Expires Nov. 26, 1998
Signature of Notary
Corporation Acknowledgement
I, the undersigned, Joseph P. Loughlin, Secretary of FRONTIER PACIFIC INSURANCE COMPANY, do hereby certify that the original POWER
OF ATTORNEY, of which the foregoing Is a full, true and correct copy, is In full force and effect.
IN WITNESS WHEREOF, I have hereunto subscribed my name as Joseph P. Loughlin, Secretary, and affixed the Corporate Seal of the
Corporation this 14TH day of AUGUST ,, '19 98 n
'�.=e//j
Joseph P. Loughlin, Secretary
FM 19 -5002A -FP (11W)
EXECUTED IN TRIPLICATE fe
BOND SD00031627
PREMIR $2,047.00
STATUTORY PERFORMANCE BOND
IWOWALL MEN BYTHESE PRESENTS, that SJD PARTNERS, LTD., A CALIFORNIA
LIMITED PARTNERSHIP , as Principal (hereinafter called
"Contractor"), and FRONTIER PACIFIC INSURANCE COMPANY
as Surety (hereinafter called "Surety'), are held and firmly bound unto the City of San Juan
Capistrano, as obligee (hereinafter called "City'), in the amount of Two HUNDRED FIFTY
FIVE THOUSAND NINE HUNDRED TWENTY FIVE AND NO/100---- Dollars ($ 255,925.00 )
for payment whereof Contractor and Surety bind themselves, their heirs, executors,
administrators, successors and assigns, jointly and severally, fairly by these presents.
WHEREAS, Contractor is required to provide a faithful performance bond pursuant
to the statutory requirements of the San Juan Capistrano Municipal Code to guarantee
certain work, more particularly described as follows: TRACT 14196 PACIFIC POINT
STORM DRAIN IMPROVEMENTS
NOW, THEREFORE, the condition of this obligation is such that, if Principal shall
promptly and faithfully perform said statutory obligation, then this obligation shall be null
and void; otherwise it shall remain in full force and effect. Surety waives whatever legal
right it may have to require that a demand be made first against the Principal in the event
of default.
BE IT FURTHER RESOLVED, that:
1. As a part of the obligation secured hereby, and in addition to the face amount
specified, there shall be included costs and reasonable expenses and fees, including
c:Wpwin601w)doesVormslperform.bnd -1- 06117/98
11
BOND • SD00031627
reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all
to be taxed as costs and included in any judgment rendered.
2. Said Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration, or modification of statutory obligation, 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, or
of the work to be performed thereunder.
Executed this 14TH day of AUGUST 1998 , at ORANGE
AS TO FORM:
R. Shaw, City Attorney
, California.
SJD PARTNERS, LTD., A CALIFORNIA LIMITED
PARTNERS y�
BY: =�-bA/A�
(NOTARIZATION AND SEAL)
FRONTIER PACIFg INSU E COMPANY
BY
D.J. PICARD, At0rney-fn---7a-ct
(NOTARIZATION AND SEAL)
c:w+pueinOOWvpdocsvormsbenorm.wid -2- 06/17/98
ALL-PURPOSE ACKNOWLEDGMENT
OPTIONAL INFORMATION •
' The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
edgment to an unauthorized document. •
1 CAPAC CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT '
!❑ INDIVIDUAL '
❑ CORPORATE O �R •
' TITLE OR TYPE OF DOC T 1
TITLE(S)
f❑ PARTNER(S) NUMBER OF PAGES '
ElATTORNEY-IN-FACT•
' ❑ TRUSTEE(S) f
• GUARDIAN/CONSERVATOR DATE OF DOCUMENT •
1 ❑ OTIIER: 1
' OTHER '
RIGHTTHUMBPRINT F
•
SIGNER IS OPRESI3NTING: OF •
NAME OF PC N(S) OR 12N'IITY(IES) E
' SIGNER s '
s
O._._._._._._._..�._._._._._:_._._._..J
APA 5/97 VALLEY -SIERRA, 800-362-3369
of California
•
IState
L)J
SS.
'
County of „1 C
' On _ Acasr �(f before me,
• (DATE) �-
(NOT RY)
•
I personally appeared] a
LIEF]=
1
srcrleR(s)
��
' B—personally known to me - OR-
❑ proved to me on the basis of satisfactory
I
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.
'
KIM E. ------ E
FITNESS my hand and official seal.
!
'!
NComm, 11152378
N
• NOTARY PUBLIC CALIFORNIA
*my
•
' Onnoe County
C
Comm. Expires Aug. 21, 2001
L—
NOTARY'S SIGNATURE
OPTIONAL INFORMATION •
' The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
edgment to an unauthorized document. •
1 CAPAC CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT '
!❑ INDIVIDUAL '
❑ CORPORATE O �R •
' TITLE OR TYPE OF DOC T 1
TITLE(S)
f❑ PARTNER(S) NUMBER OF PAGES '
ElATTORNEY-IN-FACT•
' ❑ TRUSTEE(S) f
• GUARDIAN/CONSERVATOR DATE OF DOCUMENT •
1 ❑ OTIIER: 1
' OTHER '
RIGHTTHUMBPRINT F
•
SIGNER IS OPRESI3NTING: OF •
NAME OF PC N(S) OR 12N'IITY(IES) E
' SIGNER s '
s
O._._._._._._._..�._._._._._:_._._._..J
APA 5/97 VALLEY -SIERRA, 800-362-3369
STATE OF CALIFORNIA
COUNTY OF ORANGE
On
PERSONALLY APPEARED
,before me,BEATA A. SENSI, NOTARY PUBLIC
D. J. PICARD
personally known to me (
to be the person%) whose name(X)
is/xM subscribed to the within instrument and acknowl-
edged to me that he/dXXJV4 executed the same in his/
bwV0&= authorized capacity(iN3), and that by his/hij
apt signature3op on the instrument the persorft or the
entity upon behalf of which the persong) acted, executed
the instrument.
WITNESS my hand and official seal.
Signature
OPTIONAL
�e�. N+
gEATAA. SENSt
COMM.>etta"'739 n
J�@ NOTARYO PCU GE `AUNT �NIA�
6ty canm. Fxp aW. 14, 200t
This area for Oficial Notarial Seat
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TIRES)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
FRONTIER PACIFIC INSURANCE COMPANY
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
8/14/98
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
1D081 aev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT
0 0
EXECUTED IN TRIPLICATE Bond No. SD00031627
PREMIUM CHARGED IS INCLUDED
IN PERFORMANCE BOND
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 s3D PARTNERS: LTD_._, A CALIFORNIA LIMITED PARTNERSHIP
(hereinafter designated as "Principal'), have entered into a Subdivision Agreement
whereby Principal agrees to install and complete certain designated improvements which
said Agreement, dated 19and identified as
Project TRACT 14196 PACIFIC POINT STORM DRAIN IMPROVEMENT 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 FRONTIER PACIFIC INSURANCE
COMPANY . as Surety, are held and firmly bound
unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum
of TWO HUNDRED FIFTY FIVE THOUSAND NINE HUNDRED TWENTY FIVE AND NO/100-------
Dollars ($ 255,925.00 ) lawful money of the United States, for the payment of
which sum well and truly to be made, we bind ourselves, our heirs, successors, executors
and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that, if the above bound Principal, his
or its heirs, executors, administrators, successors or assigns, shall in all things stand to
and abide by and well and truly keep and perform the covenants, conditions and
provisions in the said agreement and any alteration thereof made as therein provided, on
his or their part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to their true intent and meaning, and shall
indemnify and save harmless the City, its officers, agents and employees as therein
stipulated, then this obligation shall become null and void; otherwise it shall be and
remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount
specified therefor, there shall be included costs and reasonable expenses and fees
loft
BOND 11 SD00031627
The Surety hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the agreement or to the work to be performed
thereunder or the specifications accompanying the same shall in any wise affect its
obligations on this bond, and it does hereby waive notice of any such change, extension of
time, alteration or addition to the terms of the agreement or to the work or to the
specifications.
IN WITNESS WHEREOF, three (3) identical counterparts of this instrument,
each of which shall for all purposes be deemed an original thereof, have been duly
executed by the Principal and Surety herein named on the 14TH day
of AUGUST , 1998__., the name and corporate seal of each corporate party
being hereto affixed and these presents duly signed by its undersigned representatives
pursuant to authority of its governing body.
NOTE: Please Attach
Acknowledgement and
Power of Attorney
PRINCIPAL
SJD PARTNERS, LTD., A CALIFORNIA LIMITED
PARTNERSHI
BY:
(NOTARIZATION AND SEAL)
SURETY
FRONTIER PACTC IN CE COMPANY
BY:
D.S. PrCARD, Atto ney-in-Fact
2 of 2
(NOTARIZATION AND SEAL)
• 0
ALL-PURPOSE ACKNOWLEDGMENT
State of Californt ) •
' County of ss. '
fJ ////
On _ /-t Ins US! ��. /�! y� before me, /`gym
(DATE) I ( OTARY) i
Ipersonally appeared /C.QIA C�� �L/ EFS
,��� srcrveR(s)
' L7 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 f
• acknowledged to me that he/she/they executed •
Ithe same in his/her/their authorized I
• capacity(ies), and that by his/her/their •
signature(s) on the instrument the person(s), '
• or the entity upon behalf of which the •
Iperson(s) acted, executed the instrument. '
! KIM E. KASULKE WITNESS my hand and official seal. '
'
;09,,My
Comm.N 1152378NOTARY ExpiresCABFOBNIAOrange County
Comm. Expires Aug. 21, 2001 hM .
NOTARY'S SIGNATURE
OPTIONAL INFORMATION
'I't)e information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
edgment to an unauthorized document.
CLAIMED BY SIGNER (PRINCIPAL)
❑ INUIVroU')kk
❑ CORPORATE
❑ PARTNER(S)
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
DESCRIPTION OF ATTACHED DOCUMENT
NUMBER OF PAGES
• ❑ GUARDIAN/CONSERVATOR DATE OF DOCUMENT
'El OTHER: '
' - OTHER '
'
RIGHTTHUMBPRINT '
• SIGNER REPRESENTING: OF •
' NAME OP SONS) OR ENfI'fY(IES) SIGNER s '
b
APA 5197 VALLEY -SIERRA, 800-362-3369
STATE OF CALIFORNIA •
SS.
COUNTY OF ORANGE
On 8/14/98 ,beforeme,BEATA A. SENSI, NOTARY PUBLIC
PERSONALLY APPEARED
personally known to me (
D. J. PICARD
to be the persona) whose name(K)
is/M subscribed to the within instrument and acknowl-
edged to me that he/dXXIMW executed the same in his/
Cin7t11W authorized capacity(ils), and that by his/W
' signature" on the instrument the persorift or the
entity upon behalf of which the personot) acted, executed
the instrument.
WPINESS my hand and official seal.
Signature
OPTIONAL
NsswweN
BEATAASENSI
COMM, 9;133739
-m NOTARY PMUC • CALIFORNIA
ORANGE COUNTY
1�iMi�� MY Comm. Exp.AP1.14.2001
This area for Official Notarial Seal
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TIME(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
0 ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
FRONTIER PACIFIC INSURANCE COMPANY
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
8/14/98
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
ID -WI Rev. 6/94 ALL-PURPOSE ACKNOWLEDGEMENT
RONT/ER = Ca_
INSURANCE COMPANY
(a California Company)
4250 Executtve Square, Suite 200, La Jolla, California 92037
POWER OF ATTORNEY
Know cA(f Mien 93y Vljese Present$: That FRONTIER PACIFIC INSURANCE COMPANY, a California Corporation, having Its principal office
In La Jolla, California, pursuant to the following resolution, adopted by the Board of Directors of the Corporation on the 15th day of November, 1991.
'RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attorneys -in -
Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity
and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety
business;
'RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney
or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile
seal shall be valid and binding upon the Company when so affixed with rasped to any bond, undertaking, recognizance or other contract of
Indemnity or writing obligatory in the nature thereof;
"RESOLVED, that any such Ahomey-in-Fad delivering a secretarial certification that the foregoing resolutions still be in effect may insert In
such certification the date thereof, said date to be not later than the date of delivery thereof by such Attomey-in-Fad'
This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution.
DOES HEREBY MAKE, CONSTITUTE AND APPOINT: TODD M. ROHM D.J. PICARD
CATHY S. KENNEDY
Orange California
of , in the state of
Its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred in its name, place and stead to sign, execute, acknowledge and deliver
in Its behalf, and as its act and deed, without power of redelegation, as follows:
Bonds guaranteeing the fidelity of persons holding places of public or private trust, guaranteeing the performance of contracts other than
insurance policies; and executing of guaranteeing bonds and undertakings required or permitted M all actions or proceedings or by law allowed;
IN AN AMOUNT NOT TO EXCEED SIX HUNDRED FIFTY THOUSAND ($650,000.00) DOLLARS; and to bind FRONTIER PACIFIC INSUR-
ANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duty authorized oMlcers of
FRONTIER PACIFIC INSURANCE COMPANY, and all the ads of said Attomey(s)-in-Fad pursuant to the authority herein given are hereby
ratified and confirmed.
do Witne$S WljjCM0 f FRONTIER PACIFIC INSURANCE COMPANY of La Jolla, California, has caused this Power of Attorney to be signed by its
Vice President and its Corporate seal to be affixed this day of , 19
7th April 98
FRONTIER PACIFIC INSURANCE COMPANY
W • cop. m:,
iF—1�25
.00 ; ; BY:
STATE OF CALIFORNIA)
............. DAVID DAVID E. CAMPBELL, Vice President
COUNTY OF SAN DIEGO)
On April 7, 1998 before me, Treva Kensler, Notary Public, personally appeared David E. Campbell, personalty known to
me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and
that by his signature on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal
iREVA KENSLER
Q Commission a 1045661 Z
Z Notary Public — California Z
Z San Diego County
My Comm, Expires Nov. 26. 1998
.w-.�+•.w-�H
Signature of Notary
Corporation Acknowledgement
I, the undersigned, Joseph P. Loughlin, Secretary of FRONTIER PACIFIC INSURANCE COMPANY, do hereby certify that the original POWER
OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect.
IN WITNESS WHEREOF, I have hereunto subscribed my name as Joseph P. Loughlin, Secretary, and affixed the Corporate Seal of the
Corporation this 14TH day of AUGUST" , 19 98
° _ ,
6W_ °'•.a''V Joseph P. Loughlin, Secretary
FM 19-SMA.FP (11/97)
CITY CLERK'S DEPARTMENT - ACTIONREMINDER
TO: Planning Director
I�
FROM: Dawn M. Schanderl, Deputy City Clerk DATE: May/2002
SITUATION:
On July 7, 1992, the City Council adopted Ordinance No. 706 which approved the Development
Agreement with Pacific Point Partners, L.P. for Tract 14196 effective August 6, 1992.
Said agreement states on page 7, section 4.1 the term shall be for ten (10) years following the
effective date. The term shall commence on August 6, 2002.
Note: Assignment of Development Agreement from Pacific Point Partners to SJD Partners
approved June 17, 1997.
ACTION REQUESTED:
Please notify this office if agreement may be closed.
• ACTION TO BE TAKEN: e4'A `" % y„
DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN:
SIGNATURE OF OFFICIAL TAKING ACTION: ��—
DATE SIGNED: 5�/S��d 2
* * *FOR CITY CLERKS DEPARTMENT USE ONLY***
Tickler Date: 05/06/02
Deadline Date: 08/06/02
RECEIVED
cc: CityAttorney
(600.30/sjd) MAY 15 2002
PLANNING DEPT
Moved by Council Member Hart, seconded by Mayor pro tem Gelff and carried 3-2,
to adopt Resolution No. 02-07-02-04 entitled " A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY
MEASURES SUBMITTED AT MUNICIPAL ELECTIONS."
ROLL CALL
AYES: COUNCIL MEMBERS: Hart, Gelff and Mayor Bathgate
NOES: COUNCIL MEMBERS: Campbell and Swerdlin
�b. RESOLUTION NO. 02-07-02-05 GRANTING TOLLING PERIOD OF THREE
YEARS AND FOUR MONTHS TO THE TERM OF THE PACIFIC POINT
DEVELOPMENT AGREEMENT (SJD) (60 30)
Mayor Bathgate Abstained from voting.
Project Description: Request by SunCal to extend Development Agreement by
reasons of the landslide and attendant litigation circumstances.
Oral Presentation: John R. Shaw, City attorney, reviewed the staff recommendation.
Council Action: Moved by Council Member Hart, seconded by Council Member
Swerdlin and carried 4-1, to adopt RESOLUTION NO. 02-07-02-05 entitled " A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO ESTABLISHING A TOLLING PERIOD WITH RESPECT TO THE
PACIFIC POINT DEVELOPMENT AGREEMENT."
ROLL CALL
AYES: COUNCIL MEMBERS: Hart, Swerdlin, Campbell and Mayor pro
tem Gelff
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: Mayor Bathgate
CC Minutes 7 07-02-02
AGENDA ITEM
TO: George Scarborough, City Manager
FROM: John R. Shaw, City Attorney
SUBJECT: Consideration of Grant of Tolling Period/ Pacific Point
Development Agreement
RECOMMENDATION:
7/2/2002
H 2 b
Adopt attached resolution granting tolling period of three years and four months
with respect to the running of the term of the Pacific Point Development
Agreement.
SITUATION:
On August 6, 1992, the City Council approved a development agreement for the
Pacific Point project. The development agreement contained a 10 -year term.
Thus, the development agreement will expire this coming August 6. The
developer at that time was Pacific Point Partners, L.P. The project site was later
sold by 1997 to Suncal (SJD).
The developer has now requested that the running of the term of the agreement
(that is, the original ten-year term) be tolled (that is, delayed) for a period of 4
years by reason of the landslide and attendant litigation circumstances. (See
attached letter dated March 22, 2002).
The attached letter discusses the factual basis upon which the developer
believes it is entitled to a 4 -year tolling period. The circumstances involve the
following key events: The 1998 landslide led to a lawsuit between the affected
lot owners and the developer as the key defendant. The developer won that
lawsuit. Further, the City ordered Suncal to cease grading operations shortly
after the landslide for precautionary health and safety reasons. The period of the
delay due to the City "stop work" order was very substantial. Additional litigation
has been filed concerning environmental impact report conditions, which has also
adversely impacted the course of construction.
FOR CITY COUNCIL AGENDA.%`S�
Under section 9.4 of the development agreement, the developer is legally entitled
to an extension of time to complete its project where events, such as acts of
nature and other unforeseen circumstances including litigation, beyond the
control the developer cause delay to the developer.
It is obvious that the landslide, City action to cease the grading, and resulting
litigation were all events beyond the control of the developer. A trial court has
found that Suncal did not cause the landslide. Suncal ceased grading activity,
not at its choosing, but by order of the City. Accordingly, this developer is legally
entitled to an extension of time pursuant to section 9.4 of the development
agreement. The developer has asked for a 4 -year extension on the
development. In our review of the circumstances, we believe that 3 years and 4
months can be attributed directly to the above-described events. Therefore, we
recommend that an extension of three years and four months be granted through
the adoption of the attached resolution.
COMMISSION/BOARD REVIEW:
Not Applicable.
FINANCIAL CONSIDERATIONS:
None.
RECOMMENDATION:
Adopt attached resolution granting tolling period of three years and four months
with respect to the running of the term of the Pacific Point Development
Agreement.
WPWTFULLY SUBMITTED,
JOHN R. SHAW,
City I
ttorney
Attachment: March 22, 2002 letter
RESOLUTION NO. 02-07-02-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO ESTABLISHING A TOLLING PERIOD WITH RESPECT TO
THE PACIFIC POINT DEVELOPMENT AGREEMENT
WHEREAS, the City of San Juan Capistrano approved a development agreement
for the Pacific Point Project with the agreement bearing an effective date of August 6,
1992, and
WHEREAS, the development agreement will expire on August 6, 2002, and
WHEREAS, the project developer (SJD Partners) has formally requested by letter
dated May 13, 2002 that the running of the term of the agreement be tolled based upon
events beyond the control of the developer, and
WHEREAS, the development agreement at section 9.4 provides that the developer
is entitled to extensions of time based upon events causing delay beyond the control of the
developer,
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of San Juan
Capistrano that the running of time on the term of the August 6, 2002 development
agreement for the Pacific Point Project be and is hereby tolled for a period of three (3)
years and four (4) months from August 6, 2002. The City Council finds that the developer
pursuant to section 9.4 of the development agreement has provided adequate factual
support to qualify for the extension as further set forth in the May 13, 2002 extension
request. This tolling action is personal to and shall extend only to the developer and its
successors in interest for that real property owned by SJD partners at the time of the
events leading to the cause of the delays upon which the extension request is based.
PASSED, APPROVED, AND ADOPTED this 2nd day of July 2002.
07-02-02
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do
hereby certify that the foregoing Resolution No. 02-07-02-05 was duly adopted by the City
Council of the City of San Juan Capistrano at a regular meeting thereof, held the 2nd day
of July 2002, by the following vote:
AYES: COUNCIL MEMBERS: Hart, Campbell, Swerdlin and Mayor pro tem Gelff
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Mayor Bathgate
2
07-02-02
MEMO
TO: Mayor Bathgate and Council Members Hart, Campbell, Swerdlin and
Mayor pro tem Gelff
FROM: Meg Monahan, City Clerk
RE: Item H2b, City Council Meeting of July 2, 2002
DATE: June 28, 2002
The Agenda Item report for this item refers to a letter, dated March 22, 2002. That letter
is attached for your consideration.
cc: Agenda Packet Holders
x CLC�� �� l���laz
March 22, 2002
William M. Huber
Director of Engineering & Building
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Re: Extension of the Term of the Pacific Point Development Agreement
Dear Mr. Huber:
I am writing this letter to you on behalf of my client, SJD Partners, the successor -
in -interest under a Development Agreement entered into with the City of San Juan Capistrano
having an effective date of August 6, 1992. This Development Agreement has a term of ten
years and will expire on August 7, 2002. The Development Agreement vests rights in SJD
Partners for development of the Pacific Point project under a Comprehensive Development Plan
and associated entitlements, as set forth in the provisions of the Development Agreement.
SJD Partners has been prevented from pursuing development of the Pacific Point
project due to a number of unforeseen circumstances involving the Meredith Canyon landslides
and the litigation resulting therefrom. Unfortunately, even though SJD Partners has prevailed in
the original trial, other cases have been filed requiring actions to be taken to defend. SJD
Partners is therefore in jeopardy of losing valuable vested development rights, including the
extension of the tern of Tentative Tract Map No. 14196, should the term of the Development
Agreement expire.
The following are sections in the Development Agreement which can be used by
the City in extending its temi- SJD Partners is respectfully requesting that the City follow one of
these procedures to extend the term of the Development Agreement. We believe that it is also in
the best interests of the City to maintain the effectiveness of the Development Agreement until
the pending litigation involving the enforcement of the Development Agreement has been finally
decided.
I . Section 4.3 of the Development Agreement, Amendment or Cancellation
of Agrcenrent, provides that the agreement may be extended by mutual consent of the parties in
the manner provided by the Government Code. The state statutes pertaining to development
3122 02 10061-00002
S \I 52 ( ORRV02030020 L CR doe
:A.4R G t 2002
/A 55, TS `
7/2/2002
S„�,� S; loc,,
�-
H 2 b
HEWITT & O'NE1L 1.LP
ATTORNEYS AT LAW
THIA M COCIIRAN
JOHN D. HUDSON
Y�
F)EAN DLINN-RANKIN
19900 Nl,, AR'iIIUR [3OIIL[ PARD, St' IIE 1050
STEVEN 6. IMCcH::OO�OF
SANDRA A (iALI E
IRVINE, CALIFORNIA 92612
DENNIS D. D'NhIL
WILLIAM E- IIALLL
(949) 79$-0500 - (949) 798-0511 (FAX)
JAY F. PALCIRKDFF
ANDREW K. I TART/I II
I MAIL
PAULA. ROWE
HUGH IILwFFI
WILLIAM L. TWOMEY
IAWRFNCFJ HILTON
WRITERS DIRECT DIAL (949)798-0734
JOHN P. YEAGER
EMAIL: doneilOhewinoneiLcom
March 22, 2002
William M. Huber
Director of Engineering & Building
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Re: Extension of the Term of the Pacific Point Development Agreement
Dear Mr. Huber:
I am writing this letter to you on behalf of my client, SJD Partners, the successor -
in -interest under a Development Agreement entered into with the City of San Juan Capistrano
having an effective date of August 6, 1992. This Development Agreement has a term of ten
years and will expire on August 7, 2002. The Development Agreement vests rights in SJD
Partners for development of the Pacific Point project under a Comprehensive Development Plan
and associated entitlements, as set forth in the provisions of the Development Agreement.
SJD Partners has been prevented from pursuing development of the Pacific Point
project due to a number of unforeseen circumstances involving the Meredith Canyon landslides
and the litigation resulting therefrom. Unfortunately, even though SJD Partners has prevailed in
the original trial, other cases have been filed requiring actions to be taken to defend. SJD
Partners is therefore in jeopardy of losing valuable vested development rights, including the
extension of the tern of Tentative Tract Map No. 14196, should the term of the Development
Agreement expire.
The following are sections in the Development Agreement which can be used by
the City in extending its temi- SJD Partners is respectfully requesting that the City follow one of
these procedures to extend the term of the Development Agreement. We believe that it is also in
the best interests of the City to maintain the effectiveness of the Development Agreement until
the pending litigation involving the enforcement of the Development Agreement has been finally
decided.
I . Section 4.3 of the Development Agreement, Amendment or Cancellation
of Agrcenrent, provides that the agreement may be extended by mutual consent of the parties in
the manner provided by the Government Code. The state statutes pertaining to development
3122 02 10061-00002
S \I 52 ( ORRV02030020 L CR doe
:A.4R G t 2002
\Villiam M. Huber
March 22, 2002
Page 2
agreements are fouUd in Sections 65864 through 65869.5 of the California Government Code.
Section 65868 provides that a development agreement may be amended by the same procedures
required for approving a development agreement. This would require a noticed public hearing
before the Planning Commission and a noticed public hearing before the City Council. The
development agreement amendment would be approved by ordinance requiring two readings and
then a 30 -day "referendum period" before the development agreement amendment ordinance
went into effect. This process would take a minimum of 90 days.
2. Section 4.4 of the Development Agreement, Unforeseen Circumstances,
sets forth a procedure for the City Council to hold a hearing and make findings that "unforeseen
circumstances" that threaten the immediate physical health and safety of the City necessitate the
modification, suspension or termination of the Development Agreement. The Orange County
Superior Court recently granted a writ of mandate based on the petitioners' assertions that the
FIR for the Pacific Point project required SJD Partners to stabilize the slope below the
petitioners' property by construction of a buttress before undertaking any grading activities. The
Court has ruled that the City had a ministerial duty to enforce the provisions of the Development
Agreement which incorporated the provisions of the FIR. Pending a resolution of the writ
proceedings, it can be argued under Section 4.4(iii) that the City has an obligation to develop an
"equitable program" to adjust the obligations of the Owner to meet the changed circumstances
which could include extending the term of the Development Agreement.
3. Section 9.4 of the Development Agreement, Enforced Delay, Extension of
Time of Performance, states that neither party shall be deemed to be in default of the
Development Agreement where delays are due to ... the existence of unforeseen circumstances,
litigation, or similar reasons for excused performance. An extension shall commence to run from
the time of commencement of the cause of the delay. It can reasonably be argued that the
May 1998 landslide and resulting litigation triggered the force majeure provisions under
Section 9.4 of the Development Agreement. If SJD Partners intends to pursue an extension of
the term of the Development Agreement by invoking the Section 9.4 delay provisions, a letter
would be sent to the City Council stating the facts causing the delay and the time period when
the tolling of the term of the Development Agreement should commence. A request would be
made that the City Manager sign a copy of the letter acknowledging agreement by the City. A
copy of the letter should be agendized on a City Council meeting agenda as a consent, receive
and file item.
4. Section 8 of the Development Agreement, Annual Review, sets forth a
procedure whereby the City conducts an annual review of the developer's good faith substantial
compliance with the tem -is and conditions of the Development Agreement. Although it is not
specifically spelled out in this Section 8 and subsections 8.1, 8.2 and 8.3, the City could use this
procedure for modifying the term for compliance with the provisions in the Development
Agreement. This would be an administrative staff review not involving the City Council,
although the City Council should be notified of the results of the Annual Review. Failure to
review the Development Agreement annually according to Section 8.6 shall not constitute a
default by the developer.
711202 10061 -00002
s ,1 �2 c ORk' 02030020 I TR doe
y
William M. Huber
March 22, 2002
Page 3
5. _ Section 1 1.11 of the Development Agreement, Operating Memoranda and
Amendments, sets forth a procedure to effectuate changes or adjustments in the Development
Agreement through the preparation of "operating memoranda" approved by the Owner and by
the Planning Director on behalf of the City. The parties acknowledge in the memoranda that the
passage of time has demonstrated that changes are necessary and appropriate with respect to
either party's performance under the Development Agreement. The approved operating
memorandum is attached to the Development Agreement as an addendum and becomes a part of
the Development Agreement, but is technically not considered an amendment to the
Development Agreement. The operating memoranda procedure does not require any notice or
bearings before the Planning Commission and/or City Council. Section 11.11 allows for the
operating memoranda to modify the Development Agreement, except with regards to: (i) any
alteration of permitted uses; (ii) any increase in density or intensity of the land uses; (iii) any
increase in the height and size of permitted buildings; and (iv) deletion of reservation
requirements. These exceptions require a formal amendment to the Development Agreement
pursuant to Section 65868 of the Government Code. The term of the Development Agreement
could be extended by the procedures set forth in this Section.
A formal amendment to the Development Agreement under the procedures set
forth in Government Code Section 65868 is the most appropriate way to extend the term of the
Pacific Point Development Agreement. However, the other procedures not involving the public
hearings for extending the term of the Development Agreement as outlined in this memorandum
are certainly worth considering. I believe, if properly documented, the administrative procedures
for extending the term of the Development Agreement would be binding on the parties.
SJD Partners appreciates your review and consideration of this request.
Very truly yours,
Dennis D. O'Neil
DDO/clt
cc: Bruce Elieff
Ron Freeman
Brad Gates
3/22.02 10061-00002
., 152'('ORRV02030020 LTR doe
MEMORANDUM September 4, 1998
TO: Cheryl Johnson, City Clerk
FROM: Sam Shoucair, Senior Engineer
SUBJECT: Tract 14196, SunCal (SJD Partners, LTD.), Storm drain Improvement, Bond
Submittal.
Please find attached, for your file, the Statutory Performance Bond and Labor & Material Bond, in
an amount of $255,925.00 for certain storm drain trunk lines within the subject Tract.
SS
Attachment
Dawn Schandrel
AMM I
mmvoenno
mauISM u 1961
1776
M MM
June 18, 1997
Mr. Michael J. Schlesinger
Pacific Point Partners, L.P.
2280 University Drive, Suite 207
Newport Beach, California 92660
Re: Assignment of Development Agreement - Pacific Point Partners
Dear Mr. Schlesinger:
MEMBERS OF THE CITY COUNCIL
COLLENE CAMPBELL
JOHN GREINER
WYATT HART
GIL JONES
DAVID M. SWERDLIN
CITY MANAGER
GEORGESCARBOROUGH
At their meeting of June 17, 1997, the City Council of the City of San Juan Capistrano
confirmed the actions of the City Manager in approving the transfer of the assignment of
the Development Agreement for Pacific Point from CWC, Incorporated, purchaser of the
property) to SJD Partners, Ltd. This action was consistent with direction approved by
Council on June 3, 1997.
Two fully -executed copies of the Agreement are enclosed for your files. Please feel free
to contact us if you need any additional information.
Very truly yours,
Cheryl Johnson, CMC
City Clerk
Enclosure
cc: Planning Director
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171
8.
a
*% 0
extended to June 30,1998. The Mayor was authorized to execute the agreement on behalf
of the City.
As set fo h in the Report dated June 17, 1997, from the Engineering and Building Director,
the followResolution was adopted certifying the existence of the City's Pavement
Management rogram:
11�00-1 I NO, 97-6-17-1 PAVEMENT MANAGEMENT
PROGRAM - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SA UAN CAPISTRANO, CALIFORNIA, CERTIFYING
THE EXISTENC OF A PAVEMENT MANAGEMENT PROGRAM
Staff was authorized to submit\he Measure M eligibility package
As set forth in the Report dated June 17, 199 , from the Acting Director of Public Lands
and Facilities, the License Agreement with Sotlkh Coast Farms for management of the
Kinoshita Farm Agricultural Preserve for the perlqd of July 1, 1997, through June 30,
1998, at a compensation to the City and Agency in the ount of $44,000, was approved.
The Mayor and the Chairman of the Redevelopment Ancy were authorized to execute
the agreement.
The following items were removed from the Consent Calendar:
Mayor Swerdtin advised that the "Deferral of Development Taxes and Fee Agreement,"
with Fluidmasters, Inc., which would allow deferral of approximately 98,208 in
development fees and taxes for a period of not more than 365 days from t e date of
issuance of a formal Certificate of Occupancy, had been withdrawn from consid ration at
this meeting.
Written Communications:
Report dated June 17, 1997, from the Planning Director.
City Council Minutes -6- 6/17/97
0
Confirmation of City Manager royal:
The City Manager's approval was confirmed to transfer assignment of the Development
Agreement for the Pacific Point portion of the Forster Canyon Planned Community from
CWC, Incorporated, who purchased the "Pacific Point" property, to their designated
entity, SJD Partners, Ltd. SJD Partners, Ltd. is a California limited partnership formed by
SunCal Companies, who will develop the property and carry forth the rights and obligations
contained in the agreement. This action is consistent with Council direction of June 3, 1997.
Council Member Campbell abstained due to a potential conflict of interest relating to the
proximity of the project to her residence.
Consideraitipn of proposed operating budget for Fiscal Year 1997-98, as continued from the
meeting of J e 3, 1997.
Report dated June1997, from the Administrative Services Director, providing an
overview of General Fun revenues and expenditures, the Water Enterprise Operating Fund
Budgets, and other Opera' g Fund Budgets. The Public Hearing will be continued for
recommended adoption on Ju 1, 1997.
The Director of Administrative Servkes made an oral presentation
Continuation of Hearing:
Notice having been given as required by law, or Swerdlin opened the Public Hearing and,
there being no response, it was moved by Cou cil Member Jones, seconded by Council
Member Greiner and carried with Council Memb Hart absent, to continue the Public
Hearing to the meeting of July 1, 1997.
2. REVIEW OF CAPITAL IMPROVEMENT BUDGET FO THE SEVEN YEARS
BEGINNING JULY 1 1997 AND ENDING JUNE 30 200 330.40
Proposal:
Consideration of proposed 1997-2004 Capital Improvement ProgrX
dget, as continued
from the meeting of June 3, 1997.
Written Communications:
Report dated June 3, 1997, from the Engineering and Building Director, to arding the
proposed 7 -year Capital Improvement Program, which also includes Water Distri projects.
The Public Hearing will be continued for recommended adoption on July 1, 1997.
City Council Minutes -7- 6/17/97
0
AGENDA ITEM June 17, 1997
TO: George Scarborough, City Manager
FROM: Thomas Tomlinson, Planning Director
SUBJECT: Confirmation of City Manager Approval of Assignment of Development
Agreement from Pacific Point Partners, L.P. to SJD Partners, Ltd. for that
portion of the Forster Canyon Planned Community known as "Pacific Point".
RECOMMENDATION
By Motion, confirm the action of the City Manager approving the transfer of assignment of
the Development Agreement for Pacific Point from CWC, Incorporated (purchaser of
property) to SJD Partners, Ltd., consistent with the Council action of June 3, 1997.
A. APPLICANT/PROPERTY OWNER
Pacific Point Partners, L.P.
c/o Michael J, Schlesinger
2280 University Drive, Suite 207
Newport Beach, California 92660
B. SUMMARY AND RECOMMENDATION - In accordance with the provisions of
approved Development Agreement with Pacific Point Partners related to the rights and
obligations of the applicant to develop the Pacific Point portion of the Forster Canyon
Planned Community a request for assignment of the agreement has been submitted for City
approval. Under paragraph 4.2 of the agreement... "Any assignment shall be subject to the
provisions of the Agreement and to the prior written consent of City, which shall not be
unreasonably withheld'. The property owner has requested that assignment for carrying forth
the rights and obligations contained in the agreement be transferred from CWC, Inc.
(purchaser of the project), a subsidiary of SunCal Companies, to SID Partners, Ltd., a
California limited partnership who will be developing the project..
On June 3, 1997, the Council approved the concept of this assignment contingent upon
review and approval of the equity partner by the City Manager, subject to confirmation of said
action by the City Council. The purpose of this final review is to insure that the equity partner
has the financial resources to undertake the obligations contained in the Development
Agreement. SunCal's co -investor in the project will be Lehman Brothers. Lehman Brothers
is a major Wall Street investment bank which is ranked 92 in fixed income trading, #3 in stock
trading volume, 94 in mergers and acquisitions, and has completed over $1.2 billion of
investments as a merchant banker. The 1996 balance sheet reports over $128 billion in assets
FOR CITY COUNCIL AOE16
0 0
AGENDA ITEM -2- June 17, 1997
and stockholders' equity of almost $4.0 billion.
The City Manager and City Attorney have reviewed the financial viability of the equity partner
and have determined that adequate financial resources are available to the partnership to
complete the duties, responsibilities and obligations contained in the Development Agreement.
Therefore, it is recommended that the Council confirm the action of the City Manager to
approve the assignment of the Development Agreement.
C. STAFF ANALYSIS - Under the provisions of the Development Agreement specific benefits
have been outlined that would accrue to both the City and the property owner. By the
assignment of the agreement, the new property owner is taking on those obligations and is
assured the right to develop the property in accordance with the provisions of the
Comprehensive Development Plan and existing approvals previously granted by the City. If
the new property owner desires to modify any of these prior approvals, they are required to
be processed in accordance with the provisions of the Comprehensive Development Plan
and/or applicable Municipal Code provisions. Staff continues to support the prior
development approvals and the regulations and standards that have been applied to the
property to insure a project design that is consistent with both the General Plan and
representations and expectations of the surrounding area that participated in consideration of
these prior approvals. The assignment agreement refers to exhibit "A" which is the legal
description contained in the Development Agreement previously distributed with the June 3,
1997 and has not been included with this agenda item.
The City Manager and City Attorney have reviewed the financial qualifications and ability of
the partnership to carry forth the duties, responsibilities and obligations contained in the
Development Agreement. Based upon this review, the City Manager has approved the
assignment subject to final confirmation by the Council. The new owners have stated their
intent to move immediately to start construction during the first part of July.
COMMUNITY REDEVELOPMENT AGENCY
Portions of the property are located within the Community Redevelopment Agency Central Project
Area. The assignment of the Development Agreement will not change any of the existing approvals
or development regulations that apply to the property.
OTHER COMMISSION/COMMITTEE RECOMMENDATIONS
None required.
PUBLIC NOTIFICATION
None required. Again the change in ownership does not waive any of the provisions of the
Development Agreement.
0
0
AGENDA ITEM -3- June 17, 1997
FINANCIAL CONSIDERATIONS
Assignment of the Development Agreement continues the financial arrangements for dedications and
improvements contained in both the Forster Canyon Planned Community Comprehensive
Development Plan and the contents of the agreement.
ALTERNATE ACTIONS
Confirm the assignment of the Development Agreement to CWC, Incorporated.
2. Continue the item and request additional information.
RECOMMENDATION
By Motion, confirm the action of the City Manager approving the transfer of assignment of
the Development Agreement for Pacific Point from CWC, Incorporated (purchaser of
property) to SJD Partners, Ltd., consistent with the Council action of June 3, 1997.
Respectfully submitted,
Thomas Tomlinson,
Planning Director
C:\WPWfN60\WPDOCS\CCRPT\PACPNT6.17
\PACPNT6.17
Attachment: 1. Letter dated May 16, 1997 from Pacific Point Partners, L.P.
2. Assignment Agreement
0
11
PACIFIC POINT PARTNERS, L.P.
2280 UNIVERSITY DRIVE, SUITE 207
NEWPORT BEACH, CA 92660
TEL. (714) 631-4270 . FAX (714) 631-4202
May 16,1997
Tom Tomlinson
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano. CA 92675
re: Pacific Point/Assignment of Development Agreement
Dear Tom:
We are pleased to announce SunCal's formation of a new California limited
partnership, SJD Partners, Ltd., who will be developing the Pacific Point project.
SunCal's co -investor in the project will be Lehman Brothers. Lehman Brothers is
a major Wall Street investment bank which is ranked #2 in fixed income trading,
#3 in stock trading volume, #4 in mergers and acquisitions, and has completed
over $1.2 billion of investments as a merchant banker.
Lehman Brothers is a firm with worldwide offices and operations. The 1996
balance sheet reports over $128 billion in assets and stockholders' equity of
almost $4 billion. Lehman Brothers is a public company listed on both the New
York and Pacific Stock Exchanges under the symbol LEH. The company reports
over 30,000 stockholders.
Enclosed please find three executed originals of the Assignment of Development
Agreement. In order to close escrow by our scheduled date of June 19, it is
imperative that the City Council take final action on this assignment during their
June 17 meeting.
Please let me know if you require additional information. Thank you for your
cooperation.
Sincerely,
Michael J. Schl Inger
for PACIFIC POINT PARTNERS, L.P.
cc: George Scarborough w/o encl.
ATTACHMENT 1
0 0
ASSIGNMENT OF DEVELOPMENT AGREEMENT
THIS ASSIGNMENT OF DEVELOPMENT AGREEMENT ("Assignment"), is
entered into effective as of the "Effective Date' (as that term is defined below), by
and between (i) Pacific Point Partners, L.P., a California limited partnership
("Assignor"), (ii) SJD Partners, Ltd., a California limited partnership ("Assignee"),
and (iii) the City of San Juan Capistrano, a municipal corporation ("City").
RECITALS
A. Pursuant to that certain Agreement for Purchase and Sale of Real
Property and Escrow Instructions by and between Assignor, as Seller, and CWC, Inc.,
a California corporation ("CWC"), as Buyer, dated as of February 25, 1997, as
amended by that certain First Amendment to Purchase and Sale Agreement and
Escrow Instructions, dated as of March 31, 1997 (the "Purchase Agreement"),
Assignor has agreed to sell to CWC that certain real property located in the City of
San Juan Capistrano, County of Orange, State of California, which real property is
more particularly described in Exhibit 'A". attached hereto and incorporated herein
by this reference (the "Pacific Point Project").
B. Assignor, as Owner, entered into that certain Development Agreement
for the Pacific Point Project, dated effective as of August 6, 1992 ( the "Development
Agreement") with the City, which Development Agreement affects the Pacific Point
Project.
C. Pursuant to the Purchase Agreement, Assignor is to assign all of
Assignor's rights and obligations under the Development Agreement to CWC or an
entity designated by CWC, and CWC or such entity so designated is to assume all of
Assignor's rights and obligations under the Development Agreement from
Assignor, as set forth hereinbelow.
D. CWC has assigned all of its rights and obligations under the Purchase
Agreement to the Assignee pursuant to an Assignment of Purchase Rights, effective
as of the Effective Date (the "CWC Assignment").
E. Pursuant to the Development Agreement, an assignment of any
portion of the Development Agreement must be pursuant to the assignment of all
or a portion of the Pacific Point Project, and such assignment must be pursuant to
the City's written consent.
F. The parties now desire to enter into this Assignment upon such terms
and conditions as are hereinafter set forth.
NOW THEREFORE, with reference to the foregoing Recitals, in consideration
of the mutual covenants herein contained, and for other good and valuable
ATTACHMENT 2
consideration, the receipt and sufficiency of which are hereby acknowledged,
Assignor and Assignee hereby agree as follows:
1. Incorporation of Recitals. The parties hereby incorporate into the
terms of this Assignment each and every one of the Recitals contained in
paragraphs A through F, inclusive, above, as though fully set forth herein.
2. Assignment and Succession to Rights and Obligations. Assignor
hereby absolutely and unconditionally assigns, conveys and transfers to Assignee,
and Assignee hereby expressly and unconditionally accepts and assumes, all of
Assignor's rights and obligations under the Development Agreement as and to the
extent such rights and obligations arise following the Effective Date of this
Assignment.
3. Consent to Assignment: Release. Pursuant to Section 4.2 of the
Development Agreement, (i) City hereby consents to this Assignment by the
Assignor of all of Assignor's rights and obligations under the Development
Agreement and Assignee's assumption of such rights and obligations; and (ii) City
hereby releases Assignor from the performance of the Assignor's obligations under
the Development Agreement for which the time of performance has not yet
occurred as of the Effective Date.
4. Representations and Warranties of Assignor. Assignor hereby
represents and warrants to Assignee as follows:
a. Assignor has the right, power, authority and capacity to execute,
deliver and perform Assignor's obligations under this Assignment; and
b. Assignor has not previously assigned or encumbered any of its
rights or interests under the Development Agreement to any person or entity.
5. Close of Escrow Contingency. The parties hereby agree that a contin-
gency to the effectiveness of this Assignment is that Assignor and Assignee
complete the sale of the Pacific Point Project pursuant to the Purchase Agreement.
The date of the close of the escrow thereunder shall be the "Effective Date' of this
Assignment. If the escrow does not close, the parties agree that this Assignment
shall be of no force or effect.
6. Notices. Assignor and City hereby agree that all future notices to the
Owner (as that term is defined in the Development Agreement) pursuant to
Section 11.13 of the Development Agreement shall be addressed as follows:
SJD Partners, Ltd.
c/o SunCal Companies
550 West Orangethorpe
Placentia, California 92670
Attention: Mr. Bruce Elieff
2
With copy to: Voss, Cook & Thel LLP
840 Newport Center Drive, Suite 700
Newport Beach, California 92660
Attention: Bruce V. Cook, Esq.
7. Miscellaneous.
a. Interpretation: Governing Law. This Assignment shall be
construed according to its fair meaning and as if prepared by both parties
hereto. This Assignment shall be construed in accordance with laws of the
State of California. Any action shall be brought in a court of competent
jurisdiction located in Orange County, California.
b. Attorneys' Fees. In the event of any dispute between the parties
hereto or the institution of any action or proceeding to interpret or enforce
this Assignment, or arising out of the subject matter of this Assignment or
the transactions contemplated hereby, the prevailing party shall be entitled to
recover its reasonable expenses, attorneys' fees and costs, including profes-
sional or expert consultation or testimony and paralegal fees, both at trial and
on any appeal and in any administrative proceeding.
C. Authority and Capacity. Each of the persons signing this
Assignment represents and warrants that he or she is authorized to execute
and deliver this Assignment and that this Assignment will be binding upon
the party for whom such person has signed, and that the signature of no other
party or person is required in order to bind such party. Each person executing
this Assignment on behalf of a corporation represents and warrants that he or
she is duly authorized to execute and deliver this Assignment on behalf of
such corporation in accordance with authority granted under the formation
documents of such entity, and by a duly passed resolution of its Board of
Directors, that all conditions to the exercise of such authority have been
satisfied, and that this Assignment will be binding upon such entity in
accordance with its terms.
d. Execution in Counterparts. This Assignment may be executed in
several counterparts, and all so executed shall constitute one agreement
binding on all parties hereto, notwithstanding that all parties are not
signatories to the original or the same counterpart.
e. Titles and Captions. Titles and captions are for convenience
only and shall not constitute a portion of this Assignment. As used in this
Assignment, masculine, feminine or neuter gender and the singular or plural
91
E
number shall each be deemed to include the others wherever and whenever
'^ the context so dictates.
IN 'WITNESS WHEREOF, the parties have executed this Assignment
to be effective as of the Effective Date.
"Assignor"
Pacific Point Partners, L.P.,
a California limited partnership
By: One Chestnut, Inc., a Delaware
corpqoXation, General Partner)
By:
Its: pi�s: 4,/
„Assignee'
5 "3 D Vd L: -T D.
a cAli . 9w0.kvlp.y'r
gY: 53D veo o��,e.� t c4v-y•/u C�I• r�QR
By:
Its: C�e✓i e --d l l�ac7,kN e2
..City.
City of San Juan Capistrano, a municipal
corporation
LE
Name:
Its:
ATTEST:
By:
Name: City Clerk
I HEREBY APPROVE the form of the foregoing of this Assignment this _
day of —1997.
By:
^ Name: City Attorney
Exhibit "A" - Legal Description of the Pacific Point Project
S C.LLJP� MENT }AffSNERS/Docweenb/Awp. of O - Ay.
6
June 10, 1997
Mr. Michael J. Schlesinger
Pacific Point Partners, L.P.
2280 University Drive, Suite 207
Newport Beach, California 92660
Jam.► �
I�
` Iplp AlplAlfp
fsnuuul 1961
1776
Re: Agsignment of Development Agreement - Pacific Point Partners
Dear Mr. Schlesinger:
MEMBERS OF THE CITY COUNCIL
COLLENE CAMPBELL
JOHN GREINER
WYATT HART
GIL JONES
DAVID M. S W ERDLIN
CITY MANAGER
GEORGE SCARBOROUGH
At their meeting of June 3, 1997, the City Council of the City of San Juan Capistrano
received a request for assignment of the Pacific Point Development Agreement from
Pacific Point Partners, L.P. to CWC, Incorporated. The City Council subsequently adopted
Resolution No. 97-6-3-7, approving the concept of transferring assignment of the
Development Agreement, subject to approval of the equity partner by the City Manager
and confirmation by the City Council.
A copy of Resolution No. 97-6-3-7 is enclosed for your information. An item has been
scheduled on the June 17, 1997 Agenda relating to the proposed assignment. A copy of
that Agenda and Staff Report will be forwarded under separate cover. Please feel free to
contact Tom Tomlinson if you have any questions.
Very truly yours,
QiL--
Che ryl John n, / C
City Clerk
Enclosure
cc: Planning Director
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171
consolidation were to go forth. Three areas were small and a service agreement with
Moulton Niguel was in the final stages. The fourth area was in Dana Point and a satisfactory
agreement for services had not been reached due to certain costs that would be associated
with serving that area. He discussed an alternative that would provide for merger of
employees and facilities and provide for a contract between the City and the present Water
District for operations and maintenance. Mr. Scarborough indicated this alternative would
retain all the anticipated cost savings and would be in the best interests of the customers.
Council Member Campbell stated opposition to any action that would increase rates for City
residents. Council Member Jones noted that the Local Agency Formation Commission had
recommended that the City continue negotiating with the City of Dana Point and in the
meantime work with the Municipal Water District of Orange County. He cited support for
withdrawing the application before the Local Agency Formation Commission. Council
Member Hart concurred, noting that the purpose behind the proposed merger had been for
efficiency and cost savings for the rate payers. Council Member Greiner also concurred in
supporting the City staff recommendation to pursue an operations and maintenance
Agreement with the Capistrano Valley Water District, rather than a merger through the Local
Agency Formation Commission process.
Mayor Swerdlin concurred that merging the Capistrano Valley Water District with the City
through an operations and maintenance agreement appeared to be the best avenue due to
savings to the rate payers; however, he also felt it was important for the Local Agency
Formation Commission to start its first consclidation of water districts. He recommended
that Council approve an operation and maintenance agreement, but also run a parallel course
with the Local Agency Formation Commission for the consolidation as previously
recommended by the Local Agency Formation Commission staff.
Termination of Local Agency Formation Commission Proceedings/Initiation of
Agreement:
It was moved by Council Member Jones, seconded by Council Member Hart, and carried with
Mayor Swerdlin voting in the negative, to direct staff to take the necessary steps to terminate
the Local Agency Formation Commission proceedings and develop an Operation and
Maintenance Agreement between the City and the Capistrano Valley Water District.
PLANNING DIRECTOR
I. ASSIGNMENT OF PACIFIC POINT DEVELOPMENT AGREEMENT TO CWC.
INCORPORATED (CONTINUED FROM MAY 20,1997) (600 30)
/ ,Council Member Campbell indicated she would abstain on this item due to the project's proximity to
her residence.
City Council Minutes -10- 6/3/97
0
Written Communications:
Report dated May 20, 1997, and resubmitted June 3, 1997, advising that Pacific Point
Partners, L.P., had requested assignment of the Pacific Point Development Agreement, which
covers that portion of the Forster Canyon Planned Community known as 'Pacific Point," to
CWC, Inc., a California Corporation and subsidiary of SunCal Companies.
The Planning Director made an oral report.
Adoption of Resolution Approving Assignment of Agreement:
It was moved by Council Member Jones, seconded by Council Member Hart, that the
following Resolution be adopted:
RESOLUTION NO. 97-6-3-7. ASSIGNMENT OF PACIFIC POINT
DEVELOPMENT A . E .M .NT TO CWC. INCORPORATED - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING THE ASSIGNMENT OF
THE RIGHTS AND OBLIGATIONS CONTAINED IN THE
DEVELOPMENT AGREEMENT APPROVED JULY 16, 1992,
BETWEEN THE CITY AND PACIFIC POINT PARTNERS, L.P., TO
CWC, INCORPORATED, EFFECTIVE AS OF THE DATE THAT
TITLE IS TRANSFERRED TO CWC, INCORPORATED FOR THAT
PORTION OF THE FORSTER CANYON PLANNED COMMUNITY
KNOWN AS "PACIFIC POINT"
The motion carried by the following vote:
AYES: Council Members Jones, Greiner, Hart, and Mayor Swerdlin
NOES: None
ABSTAIN: Council Member Campbell
ABSENT: None
1. INTRODUCTION OF-SEYEN-
Written Communications:
Report dated June 3, 1997, from the Engineering and Building r forwarding�theproposed 7 -year Capital Improvement Program, which also includes Water Dts o'
A public hearing will be scheduled for June 17, 1997.
City Council Minutes -11- 6/3/97
0
W"Nelux"3101
TO: George Scarborough, City Manager
FROM: Thomas Tomlinson, Planning Director
0
RESUBMITTED JUNE 3, 1997
May 20, 1997
SUBJECT: Request for Assignment of Development Agreement from Pacific Point Partners,
L.P. to CWC, Incorporated for that portion of the Forster Canyon Planned
Community known as "Pacific Point".
By Motion, approve the attached draft resolution approving the concept of transferring
assignment of the Development Agreement for Pacific Point to CWC, Incorporated, subject
to approval of the equity partner by the City Manager and confirmation by City Council
(consent calendar),
Pacific Point Partners, L.P.
c/o Michael J, Schlesinger
2280 University Drive, Suite 207
Newport Beach, California 92660
B. SUMMARY AND RECOMMENDATION - In accordance with the provisions of
approved Development Agreement with Pacific Point Partners related to the rights and
obligations of the applicant to develop the Pacific Point portion of the Forster Canyon
Planned Community a request for assignment of the agreement has been submitted for City
approval. Under paragraph 4.2 of the agreement... "Any assignment shall be subject to the
provisions of the Agreement and to the prior written consent of City, which shall not be
unreasonably withheld'. The property owner has requested that assignment for carrying forth
the rights and obligations contained in the agreement be transferred to CWC, Inc., a
California corporation, a subsidiary of SunCal Companies.
Staff has been in discussions with the potential new owners of the property and going over
the obligations contained in the agreement, along with their intentions to develop the
property. It is recommended that in accordance with the provisions of the Development
Agreement that the City Council approves in concept the assignment of the rights and
obligations to CWC, Incorporated. This assignment is contingent upon review and approval
of the equity partner by the City Manager, subject to confirmation of said action by the City
Council. The purpose of this final review is to insure that the equity partner has the financial
resources to undertake the obligations contained in the Development Agreement.
FOR CITY COUNCIL AGEND)"iV (5 ��
0
AGENDA ITEM -2- May 20, 1997
C. STAFF ANALYSIS - Under the provisions of the Development Agreement specific benefits
have been outlined that would accrue to both the City and the property owner. By the
assignment of the agreement, the new property owner is taking on those obligations and is
assured the right to develop the property in accordance with the provisions of the
Comprehensive Development Plan and existing approvals previously granted by the City. If
the new property owner desires to modify any of these prior approvals, they are required to
be processed in accordance with the provisions of the Comprehensive Development Plan
and/or applicable Municipal Code provisions. Staff continues to support the prior
development approvals and the regulations and standards that have been applied to the
property to insure a project design that is consistent with both the General Plan and
representations and expectations of the surrounding area that participated in consideration of
these prior approvals. Attached is a copy of the executed Development Agreement for
Council review (due to the size of the document, copies have been provided to the City
Council, copies of the agreement are available at the City Clerk's Office).
In regards to the parent firm, SunCal Companies, this fiill-service real estate development firm
established in 1973. Since its inception, SunCal has been involved in the development of more
than 7,850 lots, single family homes, condominiums and apartments. SunCal is currently in
the process of developing in excess of 4,500 single family lots throughout Southern California
with an aggregate value of $325,000,000. A more complete description of SunCal is provided
with attachment 4 to this report.
As with most developments, an equity partner is brought into the development team to
provide the necessary financial support to complete the project. It has been requested that the
City Council approve the assignment to CWC., Incorporated, with assignment of the equity
partner to be approved by the City Manger. It is recommended that the general process is
acceptable, with the confirmation of the City Manager's action by the City Council as a
consent item. This process allows the City Manager to confirm the financial viability of the
proposed equity partner to meet the obligations of the development agreement with a formal
notification to City Council. This latter process has been recommended to assure the Council
that such a large scale project for the community will be successfully completed.
COMMUNITY REDEVELOPMENT AGENCY
Portions of the property are located within the Community Redevelopment Agency Central Project
Area. The assignment of the Development Agreement will not change any of the existing approvals
or development regulations that apply to the property.
OTHER COMMISSION/COMMITTEE RECOMMENDATIONS
None required.
PUBLIC NOTIFICATION
AGENDA ITEM -3- May 20, 1997
None required. Again the change in ownership does not waive any of the provisions of the
Development Agreement.
FINANCIAL CONSIDERATIONS
Assignment of the Development Agreement continues the financial arrangements for dedications and
improvements contained in both the Forster Canyon Planned Community Comprehensive
Development Plan and the contents of the agreement.
ALTERNATE ACTIONS
Approve the concept of assignment of the Development Agreement to CWC, Incorporated,
subject to approval of the equity partner by City Manager and confirmation by City Council.
2. Approve the assignment of the Development Agreement to CWC, Incorporated.
Continue the item and request additional information.
RECOMMENDATION
By Motion, approve the attached draft resolution approving the concept of transferring
assignment of the Development Agreement for Pacific Point to CWC, Incorporated, subject
to approval of the equity partner by the City Manager and confirmation by City Council
(consent calendar).
Respectfully submitted,
Thomas Tomlinson,
Planning Director
C:\WPWIN60\WPDOCS\CCRPTTACPNT4.15
Attachment: 1. Draft City Council Resolution Approving Assignment Agreement.
2. Approved Development Agreement (copies provided to City Council, other copies
are available at the City Clerk's Office).
3. Letter requesting assignment from Pacific Point Partners.
4. Description of SunCal Companies.
367 30
RESOLUTION NO. 97-6-3-7
ASSIGNMENT OF PACIFIC POINT DEVELOPMENT AGREEMENT
TO CWC. INCORPORATED
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING THE ASSIGNMENT OF THE
RIGHTS AND OBLIGATIONS CONTAINED IN THE DEVELOPMENT
AGREEMENT APPROVED JULY 16, 1992, BETWEEN THE CITY AND
PACIFIC POINT PARTNERS, L.P., TO CWC, INCORPORATED, EFFECTIVE
AS OF THE DATE THAT TITLE IS TRANSFERRED TO CWC,
INCORPORATED FOR THAT PORTION OF THE FORSTER CANYON
PLANNED COMMUNITY KNOWN AS "PACIFIC POINT"
WHEREAS, on July 16, 1992, the City Council approved a Development Agreement
between the City and Pacific Point Partners, L.P., setting forth rights and obligations for the ultimate
development of the Pacific Point portion of the Forster Canyon Planned Community; and,
WHEREAS, in accordance with paragraph 4.2 of said Development Agreement,
Pacific Point Partners, L.P. has requested assignment of the Development Agreement to CWC,
Incorporated; and,
WHEREAS, CWC, Incorporated has agreed to fulfill all the rights and obligations
as contained in the approved Development Agreement; and,
WHEREAS, the proposed project entitlement as identified in the Development
Agreement has been previously processed pursuant to Section 9-2.301, Development Review, of the
Municipal Code and the adopted Forster Canyon Planned Community, and remains consistent with
all applicable provisions of both the Municipal Code and General Plan; and,
WHEREAS, the Environmental Administrator has considered the request for
assignment of the rights and obligations contained in the adopted Development Agreement pursuant
to Section 15070 of the California Environmental Quality Act and has determined that the previously -
prepared and certified Final Environmental Impact Report adopted at the time of the approval of the
Development Agreement adequately addresses the potential impacts associated with the approved
project entitlement and has identified specific mitigation measures to mitigate the project's
entitlement, and therefor qualifies for use of a single EIR and has otherwise complied with all
applicable provisions of the California Environmental Quality Act.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby make the following findings:
1. The adopted Development Agreement and underlying entitlement remain
consistent with the policies and objectives of the San Juan Capistrano General Plan.
-1-
MIJ
0 0
2. The adopted Development Agreement and underlying entitlement remain
consistent with all applicable provisions of the Land Use Code and Forster Canyon Planned
Community subject to mitigation measures and conditions cited by certified Final Environmental
Impact Report for the Forster Canyon Planned Community (Pacific Point portion); and,
3. The assignment of the rights and obligations of the Development Agreement
to CWC, Inc., will continue to insure the orderly development of the property and implementation
of all mitigation measures that apply to the property.
BE IT FURTHER RESOLVED that the City Council of the City of San Juan
Capistrano does hereby approve the assignment of the Development Agreement between the City of
San Juan Capistrano and CWC, Incorporated per Exhibit "A", attached, concurrently with the transfer
of title from Pacific Point Partners, L.P.
PASSED, APPROVED, AND ADOPTED this 3rd day of
June 11997.
DAVID M. SWERDLIN, MAYOR
ATTEST:
-2-
369
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.
97-6-3-7 adopted by the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 3rd day of ,Tune 1997, by the
following vote:
AYES: Council Members Jones, Greiner, Hart
and Mayor Swerdlin
NOES: None
ABSTAIN: Council Member Campbell
ABSENT: None
(SEAL)
CHERYL JO SOi , CITY CLERK
-3-
374
THE LAND REFERRED TO
THOSE PORTIONS OF LOTS 5 AND 8, IN THE
ORANGE, STATE OF CALIFORNIA, AS SHOWN
RECORD OF SURVEYS IN THE OFFICE OF THE
CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL A:
PARCEL A-1:
IS DESCRIBED AS FOLLOWS:
CITY OF SAN JUAN CAPISTRANO, COUNTY OF
ON A MAP FILED IN BOOK 4, PAGE 15 OF
COUNTY RECORDER OF ORANGE COUNTY,
BEGINNING AT THE INTERSECTION OF THE NORTHEASTERLY LINE OF THAT CERTAIN PARCEL
OF LAND DESCRIBED AS PARCEL 8, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF
ORANGE, STATE OF CALIFORNIA, IN THE DEED RECORDED OCTOBER 6, 1930 IN BOOK ,428,
PAGE 75 OF OFFICIAL RECORDS, WITH THE CENTERLINE OF THE CALIFORNIA STATE
HIGHWAY (106 FEET WIDE), AS DESCRIBED IN THE QUITCLAIM DEED RECORDED DECEMBER
29, 1944 IN BOOK f287, PAGE 462 OF OFFICIAL RECORDS; THENCE FROM SAID POINT OF
BEGINNING, SOUTH 64 DEGREES 06 MINUTES 40 SECONDS EAST ALONG SAID
NORTHEASTERLY LINE, 947.49 FEET TO A POINT; THENCE SOUTH 25 DEGREES 53 MINUTES
20 SECONDS WEST 380.84 FEET TO A POINT; THENCE NORTH 76 DEGREES 24 MINUTES 40
SECONDS WEST 663.39 FEET TO A POINT; THENCE SOUTH 47 DEGREES 34 MINUTES 20
SECONDS WEST 119.84 FEET TO A POINT; THENCE NORTH 20 DEGREES 44 MINUTES WEST
432.01 FEET TO A POINT IN THE CENTERLINE OF SAID CALIFORNIA STATE HIGHWAY;
THENCE NORTH 35 DEGREES 49 MINUTES 02 SECONDS EAST ALONG SAID CENTERLINE,
341.93 FEET TO THE POINT OF BEGINNING, BEING A PORTION OF LOT 8 AS SHOWN ON A
LICENSED SURVEYOR'S MAP FILED IN BOOK 4. PAGE 15 OF RECORD OF SURVEYS, IN THE
OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.
EXCEPTING THEREFROM THAT PORTION LYING NORTHWESTERLY OF THE FOLLOWING
DESCRIBED LINE:
BEGINNING AT THE MOST SOUTHERLY CORNER OF THE LAND DESCRIBED IN DEED TO THE
STATE OF CALIFORNIA, RECORDED JUNE 13, 1967 IN BOOK 8277, PAGE 568 OF OFFICIAL
RECORDS OF SAID COUNTY; THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY LINE OF
SAID LAND, TO ITS INTERSECTION WITH THE SOUTHEASTERLY LINE OF THE LAND
DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED MAY 16, 1958 IN BOOK
4287, PAGE 239 OF OFFICIAL RECORDS; THENCE NORTHEASTERLY ALONG SAID LAST
MENTIONED SOUTHEASTERLY LINE, TO THE INTERSECTION WITH THE NORTHEASTERLY LINE
OF THE ABOVE DESCRIBED LAND.
PARCEL A-2:
BEGINNING AT A POINT WHICH BEARS SOUTH 64 DEGREES 06 MINUTES 40 SECONDS EAST
(RECORD SOUTH 64 DEGREES 03 MINUTES 45 SECONDS EAST) 947.49 FEET FROM THE
INTERSECTION OF THE NORTHEASTERLY LINE OF A CERTAIN PARCEL OF LAND DESCRIBED
AS PARCEL 8 IN THE DEED RECORDED OCTOBER 6, 1930 IN BOOK 428, PAGE 75 OF
OFFICIAL RECORDS, WITH THE CENTERLINE OF THE CALIFORNIA STATE HIGHWAY (100
FEET WIDE), AS DESCRIBED IN THE QUITCLAIM DEED RECORDED DECEMBER 29, 1944 IN
BOOK 1287, PAGE 462 OF OFFICIAL RECORDS, SAID POINT OF BEGINNING BEING THE
MOST EASTERLY CORNER OF THE LAND DESCRIBED IN PARCEL A-1 HEREIN; THENCE FROM
SAID POINT OF BEGINNING, SOUTH 25 DEGREES 53 MINUTES 20 SECONDS WEST 380.84
Exhibit A - rafrP 1
373
FEET; THENCE SOUTH 76 DEGREES 24 MINUTES 40 SECONDS EAST 504.26 FEET; THENCE
SOUTH 25 DEGREES 51 MINUTES 40 SECONDS EAST 222.39 FEET; THENCE SOUTH 5
DEGREES 07 MINUTES 40 SECONDS EAST 1629.59 FEET TO A POINT IN THE EASTERLY
LINE OF LOT 8 AS SHOWN ON A LICENSED SURVEYOR'S MAP FILED IN BOOK 4, PAGE 15
OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY,
CALIFORNIA; THENCE NORTH 22 DEGREES 45 MINUTES EAST 1810.42 FEET TO THE MOST
EASTERLY CORENR OF SAID LOT 8; THENCE NORTH 64 DEGREES 06 MINUTES 40 SECONDS
WEST (RECORD NORTH 64 DEGREES 03 MINUTES 45 SECONDS WEST) 1407.90 FEET TO THE
POINT OF BEGINNING.
PARCEL A-3
BEGINNING AT THE INTERSECTION OF THE NORTHEASTERLY LINE OF THAT CERTAIN PARCEL
OF LAND DESCRIBED AS PARCEL 8, IN THE CITY OF SAN JUAN CAPISTRANO. COUNTY OF
ORANGE, STATE OF CALIFORNIA, IN THE DEED RECORDED OCTOBER 6, 1930 IN BOOK 428,
PAGE 75 OF OFFICIAL RECORDS, WITH THE CENTERLINE OF THE CALIFORNIA STATE
HIGHWAY (108 FEET WIDE), AS DESCRIBED IN THE QUITCLAIM DEED RECORDED DECEMBER
29, 1944 IN BOOK 1287, PAGE 462 OF OFFICIAL RECORDS; THENCE FROM SAID POINT OF
BEGINNING, NORTH 35 DEGREES 49 MINUTES 02 SECONDS EAST ALONG THE CENTERLINE OF
THE CALIFORNIA STATE HIGHWAY, 295.04 FEET TO A POINT NORTH 54 DEGREES 19
MINUTES 50 SECONDS WEST OF THE MOST WESTERLY CORNER OF THE 37.10 ACRE PARCEL
OF LAND DESCRIBED AS PARCEL 1 IN THE DEED DATED NOVEMBER 12, 1947 FROM MARCO
F. FORSTER AND WIFE, TO ROSENBAUM RANCHO CO., RECORDED DECEMBER 30, 1947 IN
BOOK 1613, PAGE 219 OF OFFICIAL RECORDS; THENCE SOUTH 54 DEGREES 19 MINUTES 50
SECONDS EAST 427.04 FEET; THENCE NORTH 81 DEGREES 10 MINUTES EAST 385.20 FEET;
THENCE NORTH 35 DEGREES 02 MINUTES 20 SECONDS EAST 497.17 FEET; THENCE SOUTH
22 DEGREES 03 MINUTES 10 SECONDS EAST 1386.08 FEET; THENCE NORTH 64 DEGREES 06
MINUTES 40 SECONDS WEST (RECORD NORTH 84 DEGREES 03 MINUTES 45 SECONDS WEST)
1896.49 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM, ALL THAT PORTION OF SAID LAND LYING WESTERLY OF THE
FOLLOWING DESCRIBED LINE, BEING THE EASTERLY LINE OF THE LAND DESCRIBED IN A
DEED TO THE STATE OF CALIFORNIA, RECORDED MAY 10, 1958 IN BOOK 4287, PAGE 239
OF OFFICIAL RECORDS.
BEGINNING AT THE INTERSECTION OF THE SOUTHWESTERLY LINE OF THE LAND ABOVE
DESCRIBED, WITH THE EASTERLY LINE OF SAID LAND TO THE STATE OF CALIFORNIA;
THENCE NORTH 14 DEGREES 00 MINUTES 59 SECONDS EAST ALONG SAID EASTERLY LINE OF
THE STATE OF CALIFORNIA, TO AN ANGLE POINT THEREIN; THENCE NORTH 35 DEGREES 49
MINUTES 02 SECONDS EAST ALONG SAID EASTERLY LINE, TO THE INTERSECTION OF SAID
EASTERLY LINE WITH THE NORTHEASTERLY LINE OF SAID LAND ABOVE DESCRIBED.
PARCEL A-4:
BEGINNING AT THE MOST EASTERLY .CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED
IN DEED RECORDED MAY 16, 1958 IN BOOK 4287, PAGE 239, OFFICIAL RECORDS OF SAID
ORANGE COUNTY; THENCE SOUTH 36 DEGREES 37 MINUTES 34 SECONDS WEST ALONG THAT
CERTAIN COURSE DESCRIBED IN SAID DEED AS HAVING A LENGTH OF 70.25 FEET, A
DISTANCE OF 70.25 FEET; THENCE NORTHERLY IN A DIRECT LINE TO THE SOUTHERLY
TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS 'SOUTH 14 DEGREES 49 MINUTES 31
SECONDS WEST, 64.42 FEET' IN A DEED FROM THE STATE OF CALIFORNIA, TO NOFIE
FAMULARO AND OTHERS, RECORDED IN BOOK 6501, PAGE 603 OF SAID OFFICIAL RECORDS;
SAID POINT BEING IN THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND
CONVEYED TO A. E. FARLEY BY DEED RECORDED IN BOOK 2153, PAGE 539 OF SAID
OFFICIAL RECORDS; THENCE ALONG SAID SOUTHWESTERLY LINE, SOUTH 53 DEGREES 31
MINUTES 18 SECONDS EAST 28.07 FEET TO THE POINT OF BEGINNING.
Exhibit A - page 2
376
•
EXCEPTING THEREFROM, ALL MINERALS, OIL, GASES AND OTHER HYDROCARBONS BY
WHATSOEVER NAME KNOWN, NOT OTHERWISE EXCEPTED, THAT MAY BE WITHIN OR UNDER THE
PARCEL OF LAND HEREINABOVE DESCRIBED; WITHOUT, HOWEVER, T14E RIGHT TO DRILL,
DIG OR MINE THROUGH THE SURFACE THEREOF.
ALSO EXCEPTING THEREFROM, ALL MINERALS, OILS, GASES AND OTHER -HYDROCARBONS BY
WHATSOEVER NAME KNOWN, NOT OTHERWISE EXCEPTED, THAT MAY BE WITHIN OR UNDER THE
PARCEL OF LAND HEREINABOVE DESCRIBED; WITHOUT, HOWEVER, THE RIGHT TO DRILL,
DIG OR MINE THROUGH THE SURFACE THEREOF, SUBJECT TO THE EXCEPTION AND
RESERVATION OF ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES IN AND
UNDER SAID LAND BELOW A DEPTH OF 100 FEET, MEASURED VERTICALLY FROM THE
SURFACE OF SAID LAND, TOGETHER WITH THE RIGHT TO SLANT DRILL FOR THE PURPOSE
OF PRODUCING, SAVING AND SELLING THE SAME, AS RESERVED IN THE DEED FROM THE
STATE OF CALIFORNIA, RECORDED AUGUST 6, 1963 IN BOOK 6663, PAGE 408 OF
OFFICIAL RECORDS.
PARCEL B:
THAT PORTION OF LOT 8, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 4, PAGE 15 OF RECORD OF
SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE NORTHEASTERLY LINE OF THAT CERTAIN
PARCEL OF LAND DESCRIBED AS PARCEL 8 IN THE DEED RECORDED OCTOBER 6, 1930 IN
BOOK 428, PAGE 75 OF OFFICIAL RECORDS, WITH THE CENTERLINE OF THE CALIFORNIA
STATE HIGHWAY (100.00 FEET WIDE), AS DESCRIBED IN THE QUITCLAIM DEED RECORDED
DECEMBER 19, 1944 IN BOOK 1287, PAGE 462 OF OFFICIAL RECORDS; THENCE SOUTH 35
DEGREES 49 MINUTES 02 SECONDS WEST ALONG THE CENTERLINE OF SAID HIGHWAY,
341.93 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTH
20 DEGREES 44 MINUTES EAST 432.01 FEET; THENCE SOUTH 10 DEGREES 26 MINUTES 40
SECONDS EAST 251.43 FEET; THENCE SOUTH 21 DEGREES 29 MINUTES 20 SECONDS WEST
634.52 FEET; THENCE SOUTH 59 DEGREES 19 MINUTES 20 SECONDS EAST ii85.00 FEET;
THENCE NORTH 49 DEGREES 59 MINUTES 20 SECONDS EAST 706.11 FEET; THENCE SOUTH
05 DEGREES 07 MINUTES 40 SECONDS EAST 1032.12 FEET; THENCE SOUTH 22 DEGREES 45
MINUTES WEST 233.36 FEET; THENCE SOUTH 74 DEGREES 20 MINUTES WEST 617.11 FEET;
THENCE SOUTH 62 DEGREES 38 MINUTES 45 SECONDS WEST 1127.52 FEET; THENCE SOUTH
61 DEGREES 04 MINUTES WEST 1308.17 FEET; THENCE SOUTH 76 DEGREES WEST 755.38
FEET TO A POINT IN THE EASTERLY LINE OF THE CALIFORNIA STATE HIGHWAY; THENCE
NORTH 05 DEGREES 01 MINUTE 30 SECONDS EAST ALONG SAID LINE OF SAID HIGHWAY,
238 FEET, MORE OR LESS, TO THE INTERSECTION WITH THE EASTERLY LINE OF SAID
PRYOR HOMESTEAD; THENCE ALONG SAID EASTERLY LINE OF SAID PRYOR HOMESTEAD,
NORTH 27 DEGREES 53 MINUTES 30 SECONDS EAST 89.98 FEET; THENCE NORTH 05
DEGREES 30 MINUTES EAST 1847.16 FEET; THENCE NORTH 13 DEGREES 32 MINUTES EAST
431.67 FEET TO THE INTERSECTION OF SAID PRYOR HOMESTEAD WITH THE CENTERLINE OF
SAID CALIFORNIA STATE HIGHWAY; THENCE NORTHERLY ALONG SAID CENTERLINE, ALONG A
CURVE THEREOF, 382.72 FEET TO THE NORTHERLY END OF SAID CURVE; THENCE
CONTINUING ALONG THE CENTERLINE OF SAID HIGHWAY, NORTH 38 DEGREES 54 MINUTES
EAST 1565.30 FEET TO ENGINEER'S STATION 454+71.88 THEREOF; THENCE CONTINUING
NORTHERLY ALONG THE CENTERLINE OF SAID HIGHWAY, ALONG A CURVE THEREOF, 218.17
FEET TO THE NORTHERLY END OF SAID CURVE AT ENGINEER'S STATION 456+98.05;
THENCE CONTINUING ALONG THE CENTERLINE OF SAID HIGHWAY, NORTH 26 DEGREES 24
MINUTES EAST 710.97 FEET TO ENGINEER'S STATION 464+01.02; THENCE SOUTHEASTERLY
TO THE TRUE POINT OF BEGINNING.
Exhibit A - page 3
377
EXCEPTING THEREFROM, THE FOLLOWING PARCELS OF LAND:
(A) BEGINNING AT A POINT IN THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL OF
LAND DESCRIBED AS PARCEL 1 IN DEED FROM MARCO F. FORSTER AND ELIZABETH FORSTER
TO WENDELL K. MC CRACKEN AND HELEN V. MC CRACKEN, RECORDED IN BOOK 1603, PAGE
298 OF OFFICIAL RECORDS, RECORDS OF ORANGE COUNTY, CALIFORNIA, SAID POINT
BEING SOUTH 59 DEGREES 19 MINUTES 20 SECONDS EAST 459.10 FEET -FROM THE MOST
WESTERLY CORNER THEREOF; THENCE SOUTH 59 DEGREES 19 MINUTES 20 SECONDS EAST
257.58 FEET; THENCE SOUTH 2 DEGREES 38 MINUTES 20 SECONDS WEST 208.06 FEET;
THENCE SOUTH 17 DEGREES 51 MINUTES 20 SECONDS WEST 182.71 FEET TO THE
BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 150 FEET
AND A CENTRAL ANGLE OF 54 DEGREES 00 MINUTES 40 SECONDS; THENCE IN A
SOUTHWESTERLY DIRECTION ALONG THE ARC OF THE ABOVE MENTIONED CURVE, 141.40
FEET; THENCE SOUTH 71 DEGREES 52 MINUTES 00 SECONDS WEST 239.97 FEET TO THE
BEGINNING OF A CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS OF 300 FEET AND
A CENTRAL ANGLE OF 23 DEGREES 07 MINUTES 54 SECONDS; THENCE IN A WESTERLY
DIRECTION ALONG THE ARC OF THE ABOVE MENTIONED CURVE, 12f.i2 FEET; THENCE
NORTH 85 DEGREES 00 MINUTES 06 SECONDS WEST 401.33 FEET; THENCE NORTH 73
DEGREES 30 MINUTES 02 SECONDS WEST 16.62 FEET; THENCE NORTH 39 DEGREES 15
MINUTES 40 SECONDS EAST 1039.24 FEET TO THE POINT OF BEGINNING.
(B) BEGINNING AT THE INTERSECTION OF THE NORTHEASTERLY LINE OF THAT CERTAIN
PARCEL OF LAND DESCRIBED AS PARCEL 8 IN THE DEED RECORDED OCTOBER 6, 1930 IN
BOOK 428, PAGE 75 OF OFFICIAL RECORDS, WITH THE CENTERLINE OF THE CALIFORNIA
STATE HIGHWAY (100 FEET WIDE), AS DESCRIBED IN A QUITCLAIM DEED RECORDED
DECEMBER 29, 1944 IN BOOK 1287, PAGE 462 OF OFFICIAL RECORDS; THENCE SOUTH 35
DEGREES 49 MINUTES 82 SECONDS WEST 341.93 FEET; THENCE SOUTH 20 DEGREES 44
MINUTES EAST 432.01 FEET; THENCE SOUTH 18 DEGREES 26 MINUTES 40 SECONDS EAST
251.43 FEET; THENCE SOUTH 21 DEGREES 29 MINUTES 20 SECONDS WEST 634.52 FEET;
THENCE SOUTH 27 DEGREES 59 MINUTES 58 SECONDS WEST 586.56 FEET TO THE
BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A CENTRAL ANGLE OF fi
DEGREES 47 MINUTES AND A RADIUS OF 400 FEET; THENCE IN A SOUTHWESTERLY
DIRECTION, ALONG THE ARC OF THE ABOVE MENTIONED CURVE, 82.26 FEET; THENCE
SOUTH 39 DEGREES 46 MINUTES 50 SECONDS WEST 102.53 FEET TO THE BEGINNING OF A
CURVE CONCAVE TO THE SOUTHEAST, HAVING A CENTRAL ANGLE OF 28 DEGREES 16
MINUTES 58 SECONDS AND A RADIUS OF 280 FEET; THENCE SOUTHWESTERLY AND
SOUTHERLY ALONG THE ARC OF THE LAST MENTIONED CURVE, 98.72 FEET; THENCE SOUTH
ii DEGREES 30 MINUTES 00 SECONDS WEST 136.18 FEET TO THE BEGINNING OF A CURVE
CONCAVE TO THE NORTHEAST, HAVING A. CENTRAL ANGLE OF 85 DEGREES 00 MINUTES 02
SECONDS AND A RADIUS OF 100 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF THE
LAST MENTIONED CURVE, 148.35 FEET; THENCE SOUTH 73 DEGREES 38 MINUTES 82
SECONDS EAST 74.0.1 FEET TO A POINT, SAID POINT BEING THE TRUE POINT OF
BEGINNING OF THE HEREIN DESCRIBED LAND; THENCE FROM SAID TRUE POINT OF
BEGINNING, SOUTH 73 DEGREES 30 MINUTES 02 SECONDS EAST 71.67 FEET; THENCE
SOUTH 85 DEGREES 00 MINUTES 86 SECONDS EAST 200.15 FEET; THENCE SOUTH 40
DEGREES 17 MINUTES 40 SECONDS EAST 158.73 FEET; THENCE SOUTH 3 DEGREES 04
MINUTES 20 SECONDS WEST 149.85 FEET; THENCE SOUTH 51 DEGREES 07 MINUTES 20
SECONDS WEST 146.40 FEET; THENCE SOUTH 63 DEGREES 12 MINUTES 20 SECONDS WEST
69.65 FEET; THENCE SOUTH 83 DEGREES 07 MINUTES 20 SECONDS WEST 127.60 FEET;
THENCE NORTH 71 DEGREES 47 MINUTES 40 SECONDS WEST 110.65 FEET; THENCE NORTH
DEGREE 22 MINUTES 20 SECONDS EAST 251.90 FEET; THENCE NORTH 13 DEGREES 42
MINUTES 10 SECONDS EAST 165.39 FEET TO THE TRUE POINT OF BEGINNING.
(C) BEGINNING AT A POINT WHICH BEARS SOUTH 49 DEGREES 59 MINUTES 20 SECONDS
WEST 706.11 FEET, AND THENCE NORTH 59 DEGREES 19 MINUTES 20 SECONDS WEST
167.89 FEET FROM THE MOST EASTERLY CORNER OF PARCEL i OF THE LAND DESCRIBED IN
Exhibit A - page 4
378
THE DEED TO WENDELL K. MC CRACKEN AND OTHERS, RECORDED DECEMBER 30, 1947 IN
BOOK 1603, PAGE 298 OF OFFICIAL RECORDS; RUNNING THENCE FROM SAID POINT OF
BEGINNING, NORTH 59 DEGREES 19 MINUTES 20 SECONDS WEST 301.23 FEET; THENCE
SOUTH 2 DEGREES 38 MINUTES 20 SECONDS WEST 208.06 FEET; THENCE SOUTH 17
DEGREES 21 MINUTES 40 SECONDS EAST 153.30 FEET; THENCE NORTH 17 DEGREES 51
MINUTES 20 SECONDS EAST 29.42 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE
EAST, HAVING A CENTERLINE RADIUS OF 150.00 FEET, AND CENTRAL ANGLE OF 36
DEGREES 48 MINUTES 30 SECONDS; THENCE IN A NORTHERLY DIRECTION, ALONG THE ARC
OF THE ABOVE MENTIONED CURVE, 96.36 FEET; THENCE NORTH 54 DEGREES 39 MINUTES
50 SECONDS EAST 91.28 FEET; THENCE NORTH 62 DEGREES 38 MINUTES 20 SECONDS EAST
93.90 FEET TO THE POINT OF BEGINNING.
(D) COMMENCING AT THE INTERSECTION OF THE NORTHEASTERLY LINE OF THAT CERTAIN
PARCEL OF LAND DESCRIBED IN PARCEL 8 IN THE DEED RECORDED OCTOBER 6, 1930 IN
BOOK 428, PAGE 75 OF OFFICIAL RECORDS IN SAID OFFICE, (ALSO BEING THE
NORTHEASTERLY LINE OF SAID LOT 8), WITH THE CENTERLINE OF THE CALIFORNIA STATE
HIGHWAY (100 FEET WIDE), AS DESCRIBED IN DEED RECORDED IN BOOK 1298, PAGE 372
OF SAID OFFICIAL RECORDS; THENCE ALONG SAID CENTERLINE, SOUTH 36 DEGREES 37
MINUTES 34 SECONDS WEST 341.93 FEET TO THE TRUE POINT OF BEGINNING OF THIS
DESCRIPTION; THENCE SOUTH 19 DEGREES 55 MINUTES 28 SECONDS EAST 134.41 FEET;
THENCE SOUTH 56 DEGREES 33 MINUTES 06 SECONDS WEST 9.71 FEET; THENCE NORTH 53
DEGREES 22 MINUTES 26 SECONDS WEST 30.00 FEET TO A POINT ON A LINE PARALLEL
WITH AND DISTANT SOUTHEASTERLY 79.00 FEET, MEASURED AT RIGHT ANGLES FROM SAID
CENTERLINE, SAID POINT BEING OPPOSITE ENGINEER'S STATION 461+46.90; THENCE
ALONG SAID PARALLEL LINE, SOUTH 36 DEGREES 37 MINUTES 34 SECONDS WEST 1500.00
FEET TO A POINT OPPOSITE ENGINEER'S STATION 446+46.90 OF SAID CENTERLINE;
THENCE LEAVING SAID PARALLEL LINE, SOUTH 31 DEGREES 19 MINUTES 36 SECONDS WEST
1018.78 FEET; THENCE SOUTH 16 DEGREES 55 MINUTES 16 SECONDS WEST 137.47 FEET;
THENCE SOUTH 53 DEGREES 28 MINUTES 47 SECONDS EAST 467.53 FEET; THENCE SOUTH
15 DEGREES 38 MINUTES 32 SECONDS WEST 259.62 FEET; THENCE SOUTH 47 DEGREES 28
MINUTES 28 SECONDS WEST 685.78 FEET; THENCE SOUTH 5 DEGREES 15 MINUTES 42
SECONDS WEST 380.21 FEET; THENCE SOUTH 33 DEGREES 25 MINUTES 42 SECONDS EAST
350.49 FEET TO A POINT ON THE LINE DESCRIBED IN DEED TO MARCO F. FORSTER AND
ELIZABETH J. FORSTER, RECORDED IN BOOK 856, PAGE 70 OF SAID OFFICIAL RECORDS,
AS HAVING A BEARING SOUTH 76 DEGREES WEST, DISTANT EASTERLY 515.82 FEET'FROM
THE WESTERLY TERMINUS OF SAID LINE; THENCE ALONG SAID LINE, SOUTH 76 DEGREES
48 MINUTES 32 SECONDS WEST 515.82 FEET TO A POINT IN THE EASTERLY LINE OF THE
CALIFORNIA STATE HIGHWAY, AS SHOWN ON SAID MAP; THENCE ALONG SAID EASTERLY
LINE, NORTH 5 DEGREES 50 MINUTES 02 SECONDS EAST 238.00 FEET, MORE OR LESS, TO
THE INTERSECTION WITH THE EASTERLY LINE OF THE PRYOR HOMESTEAD, AS DESCRIBED
IN DECREE RECORDED IN BOOK 7, PAGE 31 OF HOMESTEADS IN THE OFFICE OF THE
COUNTY RECORDER Of LOS ANGELES COUNTY, CALIFORNIA; THENCE ALONG SAID EASTERLY
LINE OF SAID PRYdk HOMESTEAD, IN A GENERAL NORTHERLY DIRECTION TO THE
INTERSECTION OF SAID EASTERLY LINE WITH THE CENTERLINE OF THE CALIFORNIA STATE
HIGHWAY, AS SHOWN ON SAID MAPS THENCE IN A GENERAL NORTHEASTERLY DIRECTION,
ALONG SAID LAST MENTIONED CENTERLINE TO ENGINEER'S STATION 464+01.02; THENCE
SOUTHEASTERLY TO THE POINT OF BEGINNING.
(E) COMMENCING AT THE MOST SOUTHERLY CORNER OF PARCEL 13, AS SHOWN ON THE
RECORD OF SURVEY MAP RECORDED IN BOOK 49, PAGE 24 OF RECORD OF SURVEYS IN THE
OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA; THENCE NORTH 59
DEGREES 19 MINUTES 20 SECONDS WEST 167.89 FEET ALONG THE SOUTHWESTERLY
BOUNDARY OF SAID PARCEL 13; THENCE SOUTH 1 DEGREE 09 MINUTES 20 SECONDS EAST
133.47 FEET; THENCE SOUTH 29 DEGREES 54 MINUTES 20 SECONDS EAST 114.93 FEET;
THENCE NORTH 79 DEGREES 42 MINUTES 40 SECONDS EAST 62.64 FEET; THENCE NORTH 9
DEGREES 03 MINUTES 50 SECONDS WEST 70.39 FEET; THENCE NORTH 26 DEGREES 54
Exhibit A - nnop 1,
• 379
MINUTES 40 SECONDS EAST 74.81 FEET TO THE POINT OF BEGINNING.
(F) BEGINNING AT THE NORTHEASTERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED
IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED IN BOOK 4248, PAGE 286,
OFFICIAL RECORDS, IN SAID OFFICE, AS HAVING A BEARING AND DISTANCE OF 'SOUTH
31 DEGREES 19 MINUTES 36 SECONDS WEST, 1018.78 FEET'; THENCE ALONG SAID
CERTAIN COURSE, SOUTH 31 DEGREES 19 MINUTES 36 SECONDS WEST (66.43 FEET;
THENCE NORTH 39 DEGREES 54 MINUTES 08 SECONDS EAST 100.16 FEET; THENCE NORTH
38 DEGREES 83 MINUTES 30 SECONDS EAST 200.06 FEET; THENCE NORTH 35 DEGREES 11
MINUTES 38 SECONDS EAST 400.12 FEET; THENCE NORTH 36 DEGREES 37 MINUTES 34
SECONDS EAST 359.76 FEET TO THE EASTERLY LINE OF A 60.08 -FOOT STRIP OF LAND AS
DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED IN BOOK 2e:, PAGE
243 OF DEEDS IN SAID OFFICE; THENCE ALONG SAID EASTERLY LINE NORTH 27.DEGREES
12 MINUTES 32 SECONDS EAST 61.11 FEET TO THAT CERTAIN COURSE DESCRIBED IN
FIRST MENTIONED DEED AS HAVING A BEARING AND DISTANCE OF 'SOUTH 36 DEGREES 37
MINUTES 34 SECONDS WEST, 1508.08 FEET'; THENCE ALONG LAST MENTIONED CERTAIN
COURSE, SOUTH 36 DEGREES 37 MINUTES 34 SECONDS WEST i820.05 FEET TO THE POINT
OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN THE LAND CONVEYED IN SAID
DEED TO THE STATE OF CALIFORNIA, RECORDED IN BOOK 4800, PAGE 195, OFFICIAL
RECORDS.
(G) BEGINNING AT A POINT IN SAID CERTAIN COURSE DESCRIBED IN PARCEL (F) ABOVE
AS HAVING A DISTANCE OF 1818.78 FEET, DISTANT THEREON NORTH 31 DEGREES 19
MINUTES 36 SECONDS EAST 96.42 FEET FROM THE SOUTHWESTERLY TERMINUS OF SAID
LAST MENTIONED CERTAIN COURSE; THENCE NORTH 38 DEGREES 37 MINUTES 52 SECONDS
EAST 193.79 FEET; THENCE NORTH 16 DEGREES 39 MINUTES 26 SECONDS EAST 97.29
FEET TO SAID LAST MENTIONED CERTAIN COURSE; THENCE ALONG SAID LAST MENTIONED
CERTAIN COURSE, SOUTH 31 DEGREES 19 MINUTES 36 SECONDS WEST 286.34 FEET TO THE
POINT OF BEGINNING.
(H) BEGINNING AT THE NORTHWESTERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED
IN SAID DEED RECORDED IN SAID BOOK 4248, PAGE 286, AS HAVING A BEARING AND
DISTANCE OF •SOUTH 33 DEGREES 25 MINUTES 42 SECONDS EAST, 350.49 FEET'; THENCE
ALONG SAID LAST MENTIONED CERTAIN COURSE, SOUTH 33 DEGREES 25 MINUTES 42
SECONDS EAST 27.40 FEET; THENCE NORTH 4 DEGREES 41 MINUTES 55 SECONDS EAST
218.15 FEET; THENCE NORTH 3 DEGREES 44 MINUTES 43 SECONDS WEST 95.73 FEET TO A
POINT IN THAT CERTAIN COURSE DESCRIBED IN LAST SAID DEED AS HAVING A BEARING
AND DISTANCE OF 'SOUTH 5 DEGREES 15 MINUTES 42 SECONDS WEST, 380.21 FEET';
DISTANT THEREON NORTH 5 DEGREES 15 MINUTES 42 SECONDS EAST 291.29 FEET FROM
THE POINT OF BEGINNING; THENCE ALONG SAID LAST MENTIONED CERTAIN COURSE, SOUTH
5 DEGREES 15 MINUTES 42 SECONDS WEST 291.29 FEET TO THE POINT OF BEGINNING.
(I) THAT PORTION OF SAID LAND CONVEYED TO THE STATE OF CALIFORNIA BY DEED
RECORDED AUGUST 30, 1971 IN BOOK 9782, PAGE 185, OFFICIAL RECORDS.
(J) THAT PORTION OF SAID LAND CONVEYED TO JERRY W. NEELY AND NANCY C. NEELY,
HUSBAND AND WIFE, BY DEED RECORDED OCTOBER 20, 1977 IN BOOK 12423, PAGE 126,
OFFICIAL RECORDS.
THE ABOVE DESCRIBED PARCELS OF LAND ARE SHOWN ON MAP RECORDED IN BOOK 183,
PAGES 6 TO 12 INCLUSIVE OF RECORD OF SURVEY MAPS IN THE OFFICE OF THE COUNTY
RECORDER OF SAID ORANGE COUNTY.
PARCEL C
Exhibit A - pa>re 6
380
PARCEL 2, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAF' FILED IN BOOK 153, PAGES 12 TO 14 INCLUSIVE OF
PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, CALIFORNIA.
EXCEPTING THEREFROM, AN UNDIVIDED ONE-HALF INTEREST IN AND TO ALL OIL, GAS AND
OTHER HYDROCARBON SUBSTANCES IN, UPON AND UNDER SAID LAND, TOGETHER WITH
ONE-HALF OF ALL RENTALS, ROYALTIES, BONUS PAYMENTS, AND OTHER THINGS OF VALUE,
NOW OR HEREAFTER ACCRUING FROM SAID UNDIVIDED ONE-HALF INTEREST IN AND TO SAID
SUBSTANCES, AS RESERVED BY HOWARD L. KRUM AND FAY WILSON KRUM, HUSBAND AND
WIFE, BY DEED RECORDED JUNE 6, 1956 IN BOOK 3538, PAGE 550, OFFICIAL RECORDS,
AND RE-RECORDED JULY 20, 1956 IN BOOK 3584, PAGE 339, OFFICIAL RECORDS.
PARCEL D:
THAT PORTION OF LOTS 7 AND /3, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 4, PAGE 15 OF
RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE TRUE POINT OF BEGINNING DESCRIBED IN A DEED TO DARMI, INC.,
RECORDED JANUARY 9, 1962 AS INSTRUMENT NO. 5572, IN BOOK 5969, PAGE 672,
OFFICIAL RECORDS OF SAID ORANGE COUNTY, SAID POINT OF BEGINNING BEING THE
SOUTHERLY TERMINUS OF A COURSE DESCRIBED AS SOUTH 22 DEGREES 45 MINUTES 00
SECONDS WEST 2843.78 FEET IN SAID DEED, SAID POINT ALSO BEING AN ANGLE POINT
IN THE NORTHERLY LINE OF SAID LOT 7; THENCE SOUTH 74 DEGREES 20 MINUTES 00
SECONDS WEST 617.ii FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 13; THENCE
SOUTH 62 DEGREES 30 MINUTES 45 SECONDS WEST 1127.52 FEET; THENCE SOUTH 61
DEGREES 04 MINUTES 00 SECONDS WEST 1300.i7 FEET; THENCE SOUTH 76 DEGREES 00
MINUTES 00 SECONDS WEST 239.56 FEET TO THE NORTHEASTERLY CORNER OF THE LAND
DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED OCTOBER 19, 1955 IN
BOOK 3250, PAGE 470, OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE ENTERING
SAID LOT 13, ALONG THE BOUNDARY LINE OF THE LAND DESCRIBED IN SAID DEED TO
SAID STATE OF CALIFORNIA, SOUTH 34 DEGREES 14 MINUTES 14 SECONDS EAST 251.45
FEET; THENCE SOUTH 41 DEGREES 11 MINUTES 00 SECONDS EAST 438.72 FEET; THENCE
SOUTH 25 DEGREES 38 MINUTES 17 SECONDS EAST 293.69 FEET, MORE OR LESS, TO A
POINT IN THE LINE THAT IS THE MOST WESTERLY ANGLE POINT IN THE BOUNDARY OF
LAND DEEDED TO DARMI, INC., A CALIFORNIA CORPORATION, IN DEED RECORDED JANUARY
9, 1962 AS INSTRUMENT NO. 5572, IN BOOK 5969, PAGE 672, OFFICIAL RECORDS OF
SAID COUNTY; THENCE ALONG SAID DRMI, INC. BOUNDARY LINE, THE FOLLOWING COURSES
AND DISTANCES: NORTH 78 DEGREES 00 MINUTES 00 SECONDS EAST 2200.00 FEET, AND
NORTH 22 DEGREES 88 MINUTES 00 SECONDS EAST 1200.00 FEET; THENCE LEAVING SAID
DARMI, INC. DEED LINE, NORTH 17 DEGREES 40 MINUTES 41 SECONDS WEST 637.14
FEET, MORE OR LESS, TO THE POINT OF BEGINNING.
EXCEPT THEREFROM THAT PORTION DESCRIBED IN THE DEED TO THE CITY OF SAN JUAN
CAPISTRANO, RECORDED JULY 30, 1970 IN BOOK 9361, PAGE 34 OF OFFICIAL RECORDS.
ALSO EXCEPT THEREFROM AN UNDIVIDED ONE-HALF INTEREST IN ALL THE OIL, GAS AND
OTHER HYDROCARBON SUBSTANCES, IN, UPON AND UNDER SAID LAND, TOGETHER WITH THE
INCOME ACCRUING THEREFROM, AS RESERVED BY HOWARD L_ KRUM AND FAY WILSON KRUM,
HUSBAND AND WIFE, BY DEED RECORDED JUNE 8, 1956 IN BOOK 3538, PAGE 550,
OFFICIAL RECORDS, AND RE-RECORDED JULY 20, 1956 IN BOOK 3584, PAGE 339,
OFFICIAL RECORDS.
A..-,,,., 7
a C!�
IR(RIIOI�IFO
F�Fnxu 1961
1776
May 28, 1997
Mr. Michael J. Schlesinger
Pacific Point Partners, L.P.
2280 University Drive, Suite 207
Newport Beach, California 92660
Re: Assignment of Pacific Point Development Agreement
Dear Mr. Schlesinger:
MEMBERS OF THE CITY COUNCIL
COLLENE CAMPBELL
JOHN GREINER
WYATT HART
GIL JONES
DAVID M. SWERDLIN
CITY MANAGER
GEORGESCARBOROUGH
At their meeting of May 20, 1997, the City Council of the City of San Juan Capistrano
received your request to continue consideration of the proposed assignment of the Pacific
Point Development Agreement. The item was subsequently rescheduled for consideration
at the June 3, 1997 City Council meeting.
Copies of the Agenda and Staff Report will be forwarded to you prior to that meeting. If
you have any questions, please do not hesitate to call.
Very truly yours,
Cheryl Johnson, C C
City Clerk
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171
•
C�
PACIFIC POINT PARTNERS, L.P.
2280 UNIVERSITY DRIVE, SUITE 207
NEWPORT BEACH, CA 92660
TEL. (714) 631-4270 • FAx (714) 631-4202
May 16,1997
Tom Tomlinson
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano. CA 92675
re: Pacific Point/Assignment of Development Agreement
Dear Tom:
We are pleased to announce SunCal's formation of a new California limited
partnership, SJD Partners, Ltd., who will be developing the Pacific Point project.
SunCal's co -investor in the project will be Lehman Brothers. Lehman Brothers is
a major Wall Street investment bank which is ranked #2 in fixed income trading,
#3 in stock trading volume, #4 in mergers and acquisitions, and has completed
over $1.2 billion of investments as a merchant banker.
Lehman Brothers is a firm with worldwide offices and operations. The 1996
balance sheet reports over $128 billion in assets and stockholders' equity of
almost $4 billion. Lehman Brothers is a public company listed on both the New
York and Pacific Stock Exchanges under the symbol LEH. The company reports
over 30,000 stockholders.
Enclosed please find three executed originals of the Assignment of Development
Agreement. In order to close escrow by our scheduled date of June 19, it is
imperative that the City Council take final action on this assignment during their
June 17 meeting.
Please let me know if you require additional information. Thank you for your
cooperation.
Sincerely,
Michael J. Schl roger
for PACIFIC POINT PARTNERS,.P.
cc: George Scarborough w/o encl.
PACIFIC POINT PARTNERS,
2280 UNIVERSITY DRIVE, SUITE 207
NEWPORT BEACH, CA 92660
TEL. (714) 631-4270 • FAX (714) 631-4202
May 16,1997
Tom Tomlinson
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano. CA 92675
W. Pacific Point/Assignment of Development Agreement
Dear Tom:
L. P.
RECEIVED
MAY 1 6 1991
PLANNING DEPT.
I hereby request that the City Council's assignment of the Pacific Point
Development Agreement be continued to the meeting of June 3, 1997.
Thank you for your cooperation.
Sincerely,
cx�s
Michael J. Schlesinger
for PACIFIC POINT PARTNERS, L.P.
t.
r 0 •
2.
be met through donations. She noted that the City had already received $1,600 in cash
donations, including a $500 donation in memory of Jean Hurst, and $1,000 received this date.
She su�ggested that a commemorative plaque be placed at the site listing the donors.
David Bear , 31742 Via Belardes, questioned whether consideration had been given to the
location of the in relation to archaeologically -sensitive areas. Mr. Scarborough indicated
that staff would rk with Mr. Belardes on the proper location for the tree.
It was moved by Counc Member Campbell, seconded by Council Member Greiner and
unanimously carried with Cobacil Member Hart absent, to authorize acceptance of a 30 -foot -
tall, 60 -inch box Christmas Tr d donated installation services at the Historic Town Center
Park.
Written Communications:
(1) Report dated May 20, 1997, from the E\bidle.
lopment Administrator, noting
that on May 6, 1997, Council had authion of bids for the purchase of
new holiday decorations, and outlining tThe Report advised that due
to the deadline for bid submittal, finalould be submitted prior to the
meeting.
(2) Supplemental Report dated May 20, 1997, from th Economic Development
Administrator, recommending that the bid be awarded to kra-Lite in the amount
of $16,338. The Report also recommended an additional all tion for purchase of
additional swags for hanging decorations.
Award of Bid:
It was moved by Council Member Jones, seconded by Council Member CNdecorati
unanimously carried with Council Member Hart absent, to award the purchas
decorations to Dekra-Lite at $16,338. An additional expenditure of $3,090 wa
for modifications to the original bid to include additional swags for the hanging
An appropriation of $19,428 was authorized from the General Fund Reserves.
Ed -WAN 1 h_ i .
I CONTINUATION OF REQUEST FOR ASSIGNMENT OF DEVELOPMENT
AGREEMENT FROM PACIFIC POINT PARTNERS. L.P. TO CWC-
"•' • (600.30)
Written Communications:
(1) Report dated May 20, 1997, and resubmitted June 3, 1997, advising that Pacific Point
Partners, L.P., had requested assignment of the Pacific Point Development
Agreement, which covers that portion of the Forster Canyon Planned Community
City Council Minutes -10- 5/20/97
44
known as "Pacific Point," to CWC, Inc., a California Corporation and subsidiary of
SunCal Companies.
(2) Letter dated May 16, 1997, from Michael J. Schlesinger, for Pacific Point Partners,
L.P., requesting the item be continued to June 3, 1997.
Continuation of Item:
It was moved by Council Member Jones, seconded by Council Member Greiner and
unanimously carried with Council Member Hart abseK to continue consideration of this item
to the meeting of June 3, 1997.
Report dat May 20, 1997, from the Community Services Director, forwarding a request
from Robert CWVer of the Veterans of Foreign Wars, Post 3 80 1, for waiver of fees charged
to their organizes when using City buildings and parks. The Report advised that both the
American Legion an Veterans of Foreign Wars currently hold meetings in City buildings and
that both organizatio had requested and been granted a reduced fee for use of those
buildings. The Report er recommended that the fees be waived, with the proviso that
the organizations continue ac ting responsibility for opening, closing, set-up and clean-up
of the facilities.
Public Input:
The following persons addressed Coun%inpport of the waiver:
(1) Robert Culver, 26000 Avenidaerto
(2) Jack Campbell, 27792 Camino omingo
Approval of Waiver:
It was moved by Council Member Campbell, sec ded by Council Member Jones and
unanimously carried with Council Member Hart absent, approve the waiver of City facility
use fees for meetings, picnics, barbecues, special progr and future similar uses for the
American Legion and Veterans of Foreign Wars, Post 3801, their auxiliary organizations.
NEWWRIUMM
Written Communications:
Report dated May 20, 1997, from the Chief of Police Services, advising that the City d been
requested to designate a representative and an alternate to serve on the Operation Area
City Council Minutes -11-
AGENDA ITEM_ May 20, 1997
TO: George Scarborough, City Manager
FROM: Thomas Tomlinson, Planning Director
SUBJECT: Request for Assignment of Development Agreement from Pacific Point Partners,
L.P. to CWC, Incorporated for that portion of the Forster Canyon Planned
Community known as "Pacific Point".
RECOMMENDATION
By Motion, approve the attached draft resolution approving the concept of transferring
assignment of the Development Agreement for Pacific Point to CWC, Incorporated, subject
to approval of the equity partner by the City Manager and confirmation by City Council
(consent calendar).
A. APPLICANT/PROPERTY OWNER
Pacific Point Partners, L.P.
c/o Michael J, Schlesinger
2280 University Drive, Suite 207
Newport Beach, California 92660
B. SUMMARY AND RECOMMENDATION - In accordance with the provisions of
approved Development Agreement with Pacific Point Partners related to the rights and
obligations of the applicant to develop the Pacific Point portion of the Forster Canyon
Planned Community a request for assignment of the agreement has been submitted for City
approval. Under paragraph 4.2 of the agreement... "Any assignment shall be subject to the
provisions of the Agreement and to the prior written consent of City, which shall not be
unreasonably withheld'. The property owner has requested that assignment for carrying forth
the rights and obligations contained in the agreement be transferred to CWC, Inc., a
California corporation, a subsidiary of SunCal Companies.
Staff has been in discussions with the potential new owners of the property and going over
the obligations contained in the agreement, along with their intentions to develop the
property. It is recommended that in accordance with the provisions of the Development
Agreement that the City Council approves in concept the assignment of the rights and
obligations to CWC, Incorporated. This assignment is contingent upon review and approval
of the equity partner by the City Manager, subject to confirmation of said action by the City
Council. The purpose of this final review is to insure that the equity partner has the financial
resources to undertake the obligations contained in the Development Agreement.
FOR CITY COUNCIL AGENDA 6,2�
AGENDA ITEM -2- May 20, 1997
C. STAFF ANALYSIS - Under the provisions of the Development Agreement specific benefits
have been outlined that would accrue to both the City and the property owner. By the
assignment of the agreement, the new property owner is taking on those obligations and is
assured the right to develop the property in accordance with the provisions of the
Comprehensive Development Plan and existing approvals previously granted by the City. If
the new property owner desires to modify any of these prior approvals, they are required to
be processed in accordance with the provisions of the Comprehensive Development Plan
and/or applicable Municipal Code provisions. Staff continues to support the prior
development approvals and the regulations and standards that have been applied to the
property to insure a project design that is consistent with both the General Plan and
representations and expectations of the surrounding area that participated in consideration of
these prior approvals. Attached is a copy of the executed Development Agreement for
Council review (due to the size of the document, copies have been provided to the City
Council, copies of the agreement are available at the City Clerk's Office).
In regards to the parent firm, SunCal Companies, this full-service real estate development firm
established in 1973. Since its inception, SunCal has been involved in the development of more
than 7,850 lots, single family homes, condominiums and apartments. SunCal is currently in
the process of developing in excess of 4,500 single family lots throughout Southern California
with an aggregate value of $325,000,000. A more complete description of SunCal is provided
with attachment 4 to this report.
As with most developments, an equity partner is brought into the development team to
provide the necessary financial support to complete the project. It has been requested that the
City Council approve the assignment to CWC., Incorporated, with assignment of the equity
partner to be approved by the City Manger. It is recommended that the general process is
acceptable, with the confirmation of the City Manager's action by the City Council as a
consent item. This process allows the City Manager to confirm the financial viability of the
proposed equity partner to meet the obligations of the development agreement with a formal
notification to City Council. This latter process has been recommended to assure the Council
that such a large scale project for the community will be successfully completed.
COMMUNITY REDEVELOPMENT AGENCY
Portions of the property are located within the Community Redevelopment Agency Central Project
Area. The assignment of the Development Agreement will not change any of the existing approvals
or development regulations that apply to the property.
None required.
PUBLIC NOTIFICATION
0
AGENDA ITEM -3- May 20, 1997
None required. Again the change in ownership does not waive any of the provisions of the
Development Agreement.
FINANCIAL CONSIDERATIONS
Assignment of the Development Agreement continues the financial arrangements for dedications and
improvements contained in both the Forster Canyon Planned Community Comprehensive
Development Plan and the contents of the agreement.
ALTERNATE ACTIONS
Approve the concept of assignment of the Development Agreement to CWC, Incorporated,
subject to approval of the equity partner by City Manager and confirmation by City Council.
2. Approve the assignment of the Development Agreement to CWC, Incorporated.
Continue the item and request additional information.
RECOMMENDATION
By Motion, approve the attached draft resolution approving the concept of transferring
assignment of the Development Agreement for Pacific Point to CWC, Incorporated, subject
to approval of the equity partner by the City Manager and confirmation by City Council
(consent calendar).
Respectfully submitted,
Thomas Tomlinson,
Planning Director
C:\WP W IN60\WPDOCS\CCRP1\PACPNT4.15
Attachment: 1. Draft City Council Resolution Approving Assignment Agreement.
2. Approved Development Agreement (copies provided to City Council, other copies
are available at the City Clerk's Office).
3. Letter requesting assignment from Pacific Point Partners.
4. Description of SunCal Companies.
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
CAPISTRANO UNIFIED SCHOOL
DISTRICT
32972 Calle Perfecto
San Juan Capistrano, CA 92670
Attention: Mr. David A.
(Space above this line for Recorders use only)
PARTIAL ASSIGNMENT AND ASSUMPTION
OF DEVELOPMENT AGREEMENT
(Pacific Point/School Site)
This PARTIAL ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT
AGREEMENT (the "Partial Assignment") is made on this day of
2002, by and between SJD PARTNERS, LTD., a California limited partnership
("Assignor"), and CAPISTRANO UNIFIED SCHOOL DISTRICT, a public body,
corporate and politic ("Assignee").
RECITALS
A. Assignor is (or was) the owner of that certain real property located in the
City of San Juan Capistrano (the "City"), County of Orange, California, commonly
known as the "Pacific Point Project," which is more particularly described in the
"Purchase Agreement' (as that term is defined below). Assignor is developing the
Pacific Point Project as a master planned community project, and certain portions of
which have been sold or are in the process of being sold by Assignor to other merchant
builders and buyers.
B. Assignor, by virtue of an assignment from its predecessor -in -interest, and
the City are parties to that certain Development Agreement for the Pacific Point Project,
dated as of July 7, 1992, and recorded in the records of Orange County, California on
July 23, 1992 as Instrument No. 92492416 (the "Development Agreement'), which
Development Agreement contains certain rights, duties and obligations relating to the
development of the Pacific Point Project.
C. Assignor is currently under contract to sell a portion of the Pacific Point
Project to Assignee pursuant to the terms of that certain Purchase Agreement and
Escrow Instructions, dated September _, 2002, as subsequently amended, between
Assignor, as "Seller", and Assignee, as "Buyer" (collectively, the "Purchase Agreement'),
which portion of the Pacific Point Project is particularly described in Exhibit "A"
attached hereto and incorporated herein by this reference (the "Property").
D. Pursuant to the terms of the Purchase Agreement, Assignor has agreed to
assign and delegate to Assignee certain of its rights, duties and obligations under the
Development Agreement, as the Development Agreement relates to the Property, and
Assignee has agreed to accept such assignment and assume certain of the obligations of
Assignor under the Development Agreement so delegated.
E. The purpose of this Partial Assignment is to set forth the terms and
provisions agreed upon between Assignor and Assignee with respect to the assignment
of certain rights and the delegation of certain obligations of Assignor under the
Development Agreement, as the Development Agreement relates to the Property.
NOW, THEREFORE, with reference to the foregoing Recitals, and in
consideration of the mutual covenants and agreements set forth herein, and for good
and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereby agree as follows:
1. Partial Assignment. Assignor hereby assigns, conveys and transfers to
Assignee all of Assignor's rights and interests in and to, and hereby delegates to
Assignee certain of Assignor's duties and obligations under (as described in paragraph
2 below), the Development Agreement, but only to the extent such rights, duties and
obligations relate to the Property.
2. Acceptance of Assignment. Assignee hereby accepts the foregoing
assignment and agrees to assume, from and after the effective date hereof, all
obligations of Assignor under the Development Agreement to the extent such
obligations are obligations with respect to matters within the boundaries of the
Property; otherwise, the obligations of Assignor under the Development Agreement
shall be retained by Assignor and/or its assignees other than Assignee.
3. Miscellaneous.
3.1 Interpretation; Governing Law. This Partial Assignment shall be
construed according to its fair meaning and as prepared by both parties hereto. This
Partial Assignment shall be construed in accordance with and governed by the laws of
the State of California. Any action hereunder shall be brought in a court of competent
jurisdiction located in Orange County, California.
3.2 Attorneys' and Other Fees. In the event of any dispute between the
parties hereto or institution of any action or proceeding to interpret or enforce the
provisions of this Partial Assignment, or arising out of the subject matter of this Partial
Assignment or the transaction contemplated hereby, the prevailing party shall be
entitled to recover its reasonable expenses, attorneys' fees and costs, including
professional or expert consultation or testimony fees, both at trial and on any appeal
and in any administrative proceeding.
3.3 Authority. Each of the parties hereto represents and warrants to the other
that the person or persons executing this Partial Assignment on behalf of such party is
or are authorized to execute and deliver this Partial Assignment and that this Partial
Assignment shall be binding upon such party.
3.4 Further Assurances. Assignor and Assignee each agree to do such further
act� and things and to execute and deliver such additional agreements and instruments
as thc other may reasonably request to consummate, evidence, confirm or more fully
implement the agreements of the parties as contained herein.
3.5 Execution in Counterparts. This Partial Assignment may be executed in
several counterparts, and all so executed shall constitute one agreement between the
parties hereto, notwithstanding that all parties are not signatories to the original or the
same counterpart.
IN WITNESS WHEREOF, the parties have executed this Partial Assignment to be
effective as of the date of Assignee's acquisition of the Property from Assignor.
"Assignor"
SJD PARTNERS, LTD.
a California limited partnership
By: SJD Development Corp.,
a California corporation,
General Partner
Un
Its:
[signatures continued on next page]
"Assignee"
CAPISTANO UNIFIED SCHOOL DISTRICT,
a public body, corporate and politic
0
Its:
Su Cal/Pacific Point/Commercial Site-Voit/Docs/Closing Docs/Partial Assign-Dev AgmtCUSD.dm
097502 02506.202
STATE OF CALIFORNIA
COUNTY OF
On 2002, before me, the undersigned, a notary public,
personally appeared , personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed
to the within instrument and acknowledged to me that he/she executed the same in his/her
authorized capacity, and that by his/her signature on the instrument the person, or the entity
upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public
Name (Typed or Printed)
(Notarial Seal)
STATE OF CALIFORNIA )
COUNTY OF )
On 2002, before me, the undersigned, a notary public,
personally appeared , personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed
to the within instrument and acknowledged to me that he/she executed the same in his/her
authorized capacity, and that by his/her signature on the instrument the person, or the entity
upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public
Name (Typed or Printed)
(Notarial Seal)
EXHIBIT "A"
TO
PARTIAL ASSIGNMENT AND ASSUMPTION
OF DEVELOPMENT AGREEMENT
LEGAL DESCRIPTION OF PROPERTY
(Pacific Point Commercial Parcel/ Voit)
THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF SAN JUAN
CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND DESCRIBED
AS FOLLOWS:
I.OT 1 OF TRACT NO. 15686, AS SHOWN ON MAP RECORDED IN BOOK 790,
PAGES 41 THROUGH 43, INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
1
CONSENT OF CITY
The City of San Juan Capistrano (the "City") hereby consents to the assignment
by SJD Partners, Ltd., a California limited partnership, as "Assignor", of a portion of the
rights, duties and obligations of the "Owner" under the Development Agreement for the
Pacific Point Project between SJD Partners, Ltd. (as successor -in -interest to Pacific Point
Partners, L.P.) and the City, to the Capistrano Unified School District, a public body,
corporate and politic, as "Assignee", pursuant to the foregoing Partial Assignment and
Assumption of Development Agreement to which this Consent is attached (the "Partial
Assignment"), and the City hereby approves of the terms and provisions of the Partial
Assignment; provided, however, that the foregoing consent shall not be deemed to
modify or amend any of the rights, duties or obligations of the City under the
Development Agreement.
Dated: l0 •— / 2002
ATTEST:
"CITY"
C
a
B,
It;
• • •
7w Illyz/.u��11LI
i 1
Liv 'LI
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 October 1. 2002 before me, Margaret R. Monahan, City Clerk, personally appeared George
Scarborough, City Manager, personally known to me to be the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the same in his authorized capacity,
and that by his signature on the instrument the person, or the entity upon behalf of which the persons
acted, executed the instrument.
(SEAL)
Capacity Claimed by Signer
City Manager
Title
Signer is Representing
The City of San Juan Capistrano
WITNESS my hand and official seal.
pc�
R. Monahan, City Clerk
Description of Attached Document
Partial Assignment and Assumption of
Development Agreement — Consent Form
Title or Type of Document
1
Number of Pages
10/1/2002
Date of Document
None
Signer(s) Other Than Named Above
3
0
extended to June 30,1998. The Mayor was authorized to execute the agreement on behalf
of the City.
As set foikh in the Report dated June 17, 1997, from the Engineering and Building Director,
the followResolution was adopted certifying the existence of the City's Pavement
Management ogram:
PROGRAM A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN
UA
CAPISTRANO, CALIFORNIA, CERTIFYING
THE EXISTENCE F A PAVEMENT MANAGEMENT PROGRAM
Staff was authorized to submit the, Measure M eligibility package
As set forth in the Report dated June 17, 1997, febkn the Acting Director of Public Lands
and Facilities, the License Agreement with Southoast Farms for management of the
Kinoshita Farm Agricultural Preserve for the period f July 1, 1997, through June 30,
1998, at a compensation to the City and Agency in the a unt of $44,000, was approved.
The Mayor and the Chairman of the Redevelopment Age were authorized to execute
the agreement.
The following items were removed from the Consent Calendar:
Mayor Swerdlin advised that the "Deferral of Development Taxes and Fees A reement,"
with Fluidmasters, Inc., which would allow deferral of approximately $4 208 in
development fees and taxes for a period of not more than 365 days from the to of
issuance of a formal Certificate of Occupancy, had been withdrawn from consideratio at
this meeting.
Written Communications:
Report dated June 17, 1997, from the Planning Director.
City Council Minutes -6- 4 6/17/97
1.
0
t,omirmauon or s-uy managerApproval:
The City Manager's approval was confirmed to transfer assignment of the Development
Agreement for the Pacific Point portion of the Forster Canyon Planned Community from
CWC, Incorporated, who purchased the "Pacific Point" property, to their designated
entity, SJD Partners, Ltd. SJD Partners, Ltd. is a California limited partnership formed by
SunCal Companies, who will develop the property and carry forth the rights and obligations
contained in the agreement. This action is consistent with Council direction of June 3, 1997.
Council Member Campbell abstained due to a potential conflict of interest relating to the
proximity of the project to her residence.
Proposal:
Consideration of posed operating budget for Fiscal Year 1997-98, as continued from the
meeting of June 3, 1 7.
Written Communications:
Report dated June 17, 1997, the Administrative Services Director, providing an
overview of General Fund revenues a expenditures, the Water Enterprise Operating Fund
Budgets, and other Operating Fund Bu ets. The Public Hearing will be continued for
recommended adoption on July 1, 1997.
The Director of Administrative Services made an
Continuation of Hearing:
Notice having been given as required by law, Mayor Swerdlin open the Public Hearing and,
there being no response, it was moved by Council Member Jones, econded by Council
Member Greiner and carried with Council Member Hart absent, to c tinue the Public
Hearing to the meeting of July 1, 1997,
2. REVIEW OF CAPITAL IMPROVEMENT BUDGET FOR THE SEVEN YE
BEGINNING JULY 1. 1997 AND ENDING JUNE 30- 2004 (330 40)
Proposal:
Consideration of proposed 1997-2004 Capital Improvement Program Budget, as
from the meeting of June 3, 1997.
Written Communications:
Report dated June 3, 1997, from the Engineering and Building Director, forwarding the
proposed 7 -year Capital Improvement Program, which also includes Water District projects.
The Public Hearing will be continued for recommended adoption on July 1, 1997.
City Council Minutes -7- 6/17/97
0 0
PACIFIC POINT PARTNERS, L.P.
650 TowN CENTER DRNE, SUITE 1900
CosrA MESA, CA 92626
November 13, 1992
City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistranq CA 92675
M Change of Address for Pacific Point
RECFI` r7,
Nov IQ 2 ?,4 ,o
Effective November 1, 1992, all correspondence regarding the Pacific Point
project should be addressed to
Pacific Point Partners, L.P.
650 Town Center Drive, Suite 1900
Costa Mesa, CA 92626
Telephone: (714) 750-8070
Fax (714) 755-8290
Please distribute this information to everyone working on the projed.
Sincerely,
Robert M Franko
for PACIFIC POINT PARTNERS, LP.
r
Michael J. Schlinger
PACIFICPOINT PARTNERS, L.P. TELEPHONE (714) 755-8070 FAX (714) 755-8290
x lJepts
j-h--
• 0
ftECE1VEQ
PACIFIC POINT PARTNERS, L.P. o
650 TOWN CENTER DRIVE, SUITE 1900 Dr. 204 N
COSTA MESA, CA 92626
r
November 30,1992
City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
re: Change of Address for Pacific Point
Recently I sent you a letter notifying you of our change of address. The phone
number indicated in the letter was incorrect. The correct phone number is:
(714) 755-8070
Please distribute this information to everyone working on the project.
Sincerely,
Michael J. Schlesiliger V
for PACIFIC POINT PARTNERS, L.P.
'� Ilgx
PACIFIC POINT PARTNERS, L.P. TELEPHONE (714) 755-8070 FAX (714) 755-8290