Loading...
1999-0714_SJD PARTNERS, LTD._Improvement & Reimbursement Agr Amd RECORDING REQUESTED BY: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AND WHEN RECORDED, MAIL TO: Recorded in Official Records, Orange County Tom Daly, Clerk-Recorder Margaret R. Monahan, City Clerk City of San Juan Capistrano NO FSE 32400 Paseo Adelanto 2005000945594 08:06am 11/28/05 San Juan Capistrano, CA 92675 211 96 Air 6 0.00 0 00 0.00 0.00 0.00 0.00 0.00 0.00 Exempt from Recording Fees: Gov Code 27383 & 6103 City of San Juan Capistrano This Space for Recorder's Use Only Title of Document: AMENDMENT TO / IMPROVEMENT AND REIMBURSEMENT AGREEMENT (ASSESSOR'S PARCELS #666- lQ� 301-01, 666-301-09, 675-361-01, 675-361-03, 675-361-04, 675-061-05, 675-081-03, 675-081- 04, 675-081-10, and 675-081-14) r SD AMENDMENT TO IMPROVEMENT AND REIMBURSEMENT AGREEMENT (ASSESSOR'S PARCELS #666-301-01, 666-301-09, 675-361-01, 675-361-03, 675-361- 04, 675-361-05, 675-081-03, 675-081-04, 675-081-10, and 675-081-14) THIS AMENDMENT TO���W,-ROV MENT ND REIMBURSEMENT AGREEMENT is made this )S-;dayof 5, by, and between, the City of San Juan Capistrano, hereinafter referred to as "City", and the SJD PARTNERS, LTD., a California limited partnership, herein referred to as "Developer". Whereas, On June 16, 1992, the City granted approvals for Tentative Tract 14196 (Resolution Nos. 92-6-16-4) which would be divided into multiple finals maps; and, Whereas, Conditions of Approval required Developer to enter into an Agreement with the City to provide for the construction of certain off-site traffic improvements; and, Whereas, Said Agreement, entitled "IMPROVEMENT AND REIMBURSEMENT AGREEMENT (ASSESSORS PARCEL #666-301-01, 666- 301-09, 675-361-01, 675-361-03, 675-361-04, 675-361-05, 675-081-03, 675- 081-04, 675-081-10, 675-081-14)", which is also described as Tentative Tracts 14196 and 15609, was approved by the City Council on July 20, 1999; and, Whereas, City required that those certain improvements as outlined, hereafter, be constructed conjointly with his development; and, Whereas, Due to certain reasons beyond the Developer's control, Developer has requested the City to amend the agreement which would give Developer additional time to process the permit approvals for those certain improvements through Caltrans and the City; and, Whereas, Said request is for improvements 2, 4, 5 and 6 listed in attachment "A" of the original agreement; and, Whereas, the amendment would continue to require Developer to construct the off-site improvements conjointly with his development, as conditioned, and would give the developer the needed additional time to process the permit approvals for the four improvements 2, 4, 5, and 6, listed in attachment "A" of the original agreement, through Caltrans and the City. NOW, THEREFORE, City and Developer mutually agree to amend Attachment "A" to said Agreement in its entirety to read as follows: Pagel PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 118 1) On November 17, 2005,before me, Margaret R. Monahan, City Clerk,personally appeared Wyatt Hart personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. (SEAL) WITNESS my hand and official seal. argare R. Monahan, City Clerk TIONAL Capacity Claimed by Signers Description of Attached Document Mayor Amendment to Improvement & Reimbursement Agreement Title Date: November 15, 2005 Signers are Representing City of San Juan Capistrano F Recorded in the County of Orange, California RECORDED ATTHE REQUEST OF Gary L. Granville, Clerk/Recorder AND RETURN TO: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIillllllllllllillllllllllilllll 30.00 19990581258 04:30PM 08/09/99 City of San Juan Capistrano 008 12059505 12 21 City Clerk's Department Al2 9 6.00 24.00 0.00 0.00 0.00 0.00 32400 Paseo Adelanto San Juan Capistrano, CA 92675 IMPROVEMENT AND REIMBURSEMENT AGREEMENT I� (ASSESSORS PARCEL #666-301-01, 666-301-09,675-361-01, 675-361-03, 675-361-04, 675-361-05, 675-081-03,675-081-04, 675-081-10, 675-081-14) THIS REIMBURSEMENT AGREEMENT is made by and between the City of San Juan 1 Capistrano, hereinafter referred to as "City", and the SJD PARTNERS, LTD., a California limited partnership, herein referred to as "Developer". Whereas, City has granted approvals for Tentative Tract 14196 (Resolution Nos. 92-6-16-4) which will be divided into multiple finals maps, and Whereas, Conditions of Approval require Developer to enter into an Agreement to provide for the construction of certain off-site traffic improvements. Whereas,City requires that those certain improvements as outlined,hereafter,be constructed conjointly with his development. NOW, THEREFORE, City and Developer mutually agree as follows: Section 1. Scope of Improvements/Pro-rata Share Obligations. The Developer shall design and construct the improvements as described in Attachment "A", Section I. Developers pro-rata share obligation for said improvements shall be as set forth below. Cost estimates and apportioned traffic shares as indicated were developed from past information and have not been validated by the City. The City will develop final detailed cost estimates and traffic apportionments when its traffic model is complete. Therefore,the Director of Engineering and Building is authorized to unilatef$lly adjust the below stated formula according tot he results of the completion of the traffic model study. When the results of the study have been determined, the City shall give written notice of the Final percentage share allocation to Developer. ESTIMATED ESTIMATED ESTIMATED SUNCAL SUNCAL FACILITY COST SHARE % COST A. Camino Las Ramblas @ Via California - Signalization $120,000 94% $112,800 Construction Cost Apportionment and Reimbursement Agreement Page 2 ESTIMATED ESTIMATED SUNCAL SUNCAL FACILITY COST SHARE % COST B. Valle Road/San Juan Creek Road to I-5 Ramps - Widen Roadway $572,000 38% $217,360 C. Valle Road/I-5 Ramps to Forester Ranch Road - Widen Roadway $400,000 72% $288,000 D. Valle Road @ La Novia/I-5 Ramps Intersection- Realignment/ Signalization $600,000 37% $222,000 E. Camino Capistrano @ San Juan Creek Road- Add Northbound Right Turn $120,000 40% $48,000 F. Camino Capistrano @ I-5 Ramps Improvement& Signal Modifications $90,000 42% 37.800 TOTALS $1,902,000 $925,960 Section 2. Other Improvements. The Developer shall also pay its "fair share" of the improvements indicated in Attachment A, Section II,in accordance to the schedule therein. It should be noted the cost estimates and apportioned traffic shares as indicated were developed from past information and have not been validated by the City. The City will develop final detailed cost estimates and traffic apportionments when its traffic model is complete. The Director shall make the same determination based upon the completion of the study as set forth in Section 1. ESTIMATED ESTIMATED ESTIMATED SUNCAL SUNCAL FACILITY COST SHARE% COST A. Existing La Novia/Valle Road to 2500' East $2,427,000 15% $364,050 B. La Novia Widening/Valle Road to 2500' East $1,500,000 15% $225,000 Construdtion Cost Apportionment and Reimbursement Agreement Page 3 ESTIMATED ESTIMATED ESTIMATED SUNCAL SUNCAL FACILITY COST SHARE % COST C. Signalization San Juan Creek @ Valle Road $280,000 38% $106A00 TOTAL $4,207,000 $695,450 Section 3. Design Plans. Developer designed plans shall be submitted to the City Engineer for his review and approval prior to construction. Developer shall submit faithful performance and labor/material bonds in the amount of the approved Engineer's Cost Estimate for each item listed in Section 1 prior to beginning construction for projects covered by reimbursement. Said bonds shall be on a standard City form by an Agency approved by the City. Section 4. Reimbursement to Developer Pursuant to the development approvals given to Developer, Developer will be reimbursed a portion of the total cost of the project. Developer shall be reimbursed the above stated costs of the total project cost over a period of fifteen(15) years from the completion of the last improvement in Section 1 as provided in this Agreement. Timing of reimbursement payments will be according to actual proration contributions based on traffic generation from other developers in the area who develop their property within time period specified in Section 5. Section 5. Term of Agreement. This agreement shall run for a period of 15 years from the completion of the last improvement in Section 1. An extension of five years may be granted by the City upon written request of developer. Section 6. Time Frame-for Repayment to Developer. The City shall cause such other Developers to make their pro-rata contribution upon the earlier of issuance of a building permit or approval of a Final Map. Section 7. Liability/Indemnification/Insurance. Developer holds City and its elected and appointed officials harmless from any claims or liabilities that may arise out of Developer's construction of improvements described in this Agreement. City holds Developer and its officers harmless from any claims or liabilities that may arise out of any improvements constructed by City or any operations and maintenance of the improvements by City. Construction Cost Apportionment and Reimbursement Agreement Page 4 Developer agrees to maintain liability insurance in the following amounts: I. Comprehensive General Liability. Developer or his agent shall maintain in full force and effect comprehensive general liability coverage, including premises operations,products/completed operations, broad form property damage and blanket contractual liability in the following minimum amounts: $1,000,000 property damage $1,000,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. II. Worker's Compensation. If Developer employs employees or subcontractors to perform services under this Agreement, Developer shall obtain and maintain, during the life of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by State law. These above stated policies shall not terminate nor shall they be canceled nor the coverage reduced until after 30 days' written notice is given to the City. Developer shall provide an endorsement to City establishing that City has been legally added as an additional insured to the liability policy required under this Agreement. Section 8. Force Majeure. None of the parties hereto shall be deemed to be in default if performance of the obligations required by this Agreement is delayed or becomes impossible because of any act of God, earthquake, fire, strike, sickness, accident, civil commotion, epidemic, act of government, its agencies or officers, or any legitimate cause beyond the control of the parties. Section 9. Notices. All notices, requests, demands, consents and other communications under this Agreement shall be in writing, including telex and facsimile transmission and shall be deemed to have been duly given on the date of service if served personally by telex or facsimile transmission or 48 hours after mailing if mailed by first class mail, registered, or certified, postage prepaid, return receipt requested, and properly addressed as follows: TO: SJD PARTNERS, LTD. 5109 E. La Palma Avenue Suite D Anaheim, CA 92807 Construction Cost Apportionment and Reimbursement Agreement Page 5 TO: CITY OF SAN JUAN CAPISTRANO Attention: City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Section 10. Agreement Runs with the Land. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective representatives, assigns and successors in interest. Section 11. Entire Agreement. This Agreement contains the entire agreement between the parties hereto and supersedes any prior or concurrent written or oral agreement between said parties concerning the subject matter contained herein. There are no representations, agreements, arrangements or undertakings, oral or written, between or among the parties hereto relating to the subject matterco tamed in this Agreement which have not been fully expressed herein. DATE t/U /`f 194 q SID PARTNERS, LTD. a —� California Limited Partnership By: SID DEVELOPMENT CORP. a California Corporatio By: Its: DATE OF SAZ CA STRANO By: o n Greiner, Mayor Atte t: APPROVED AS TO FORM CITY CLERK CITY AYTORNEY CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California SS. County of On '1 —��— ��1 before me, Cr\ Date `„_ N d Title officer(e.g.,'Jane one Notary Public") personally appeared �i U Com, /I k- -4-1—Nam of Signer(s) �_+`¢ersonally known to me © ffreved to- mE�n"—ttle"basis-of satisfactory _efidence--- to be the person whose nameK8l�e subscribed to t e wit n instrument and N �K" F'M.`a!trd2QFc 130 acknowledged to me thaGhh )y,(e/i executed commission# t2t3�2 z the sappy in (5i�lheerfth�elr authorize ,,,� P.•,. Notary Public-CalifOmla �yorange Cot capacity(i6s), and that by 6t*hY/t1b6ir ,mycommf5Mv13,20ai signature( person(, or on the instrument the personor the entity upon behalf of which the person(, acted, executed the instrum 1 1 r TTS m hand and fficial seal.y Place Notary Seal Above Signa re of•Note I OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. , Description of Attached Document /J Title or Type of Document:�li)M tc jjiC7f1rj*7 o ri j kf Y)b LASeYYIC.Irf iYyYe.�'YMLPX��- Document Date: Number of Pages: _ Signer1 ) Signer(s) Other Than Named Above: {✓ rT - I Capacity(iesl_CJaio3ed by Signer Signer's Name: �Y�\.1�,�. Individual n Top of thumb here Corporate Officer—Title(s): I'�e✓g' �(��+� .i • Partner—❑ Limited ❑ Genera , ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: rt Signer Is Representing: U S �, '`Q( t`�"� K'ii�r�•r ©1997 National Notary Association•9350 De Soto Ave.,P O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reonier:Call Toll-Free 1-800-876-6827 State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 1181) On July-02 1999 ,before me, Cheryl Johnson , City Clerk,personally appeared -Jo Lin Greiner--- , personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. (SEAL) WITNESS my hand and official seal. 6?/2c � C _ Jl J �_ � City Clerk OPTIONAL Capacity Claimed by Signer Description of Attached Document Municipal Corporate Officer Mayor Improvement and Reimbursement Agreement Title - SJD Partners Title or Type of Document Signer is Representing City of San Juan Capistrano Seven Number of Pages July 20, 1999 Date of Document Bruce Elief£ SJD Development Signer(s)Other Than Named Above Construction Cost Apportionment and Reimbursement Agreement Page 6 ATTACHMENT A PUBLIC IMPROVEMENTS SECTION 1 -- IMPROVEMENTS TO BE CONSTRUCTED BY DEVELOPER SUBJECT TO REIMBURSEMENT (REF: sect 7.1.2. DEV. AGREEMENT) 1. Intersection improvement and signalization of Camino Las Ramblas @ Via California. To be constructed prior to the first residential Certificate of Occupancy. 2. Widen Valle Road between San Juan Creek Road and the I-5 ramps to secondary standards, including traffic signal and power pole relocations, necessary grading, retaining walls and slope landscaping. To be constructed prior to first Certificate of Occupancy in the North R & D site or extension of"C" Street to La Novia, whichever occurs first. 3. Widen Valle Road between I-5 ramps and Forester Ranch Road to commuter standards, including necessary grading, retaining walls, and landscaping. To be completed prior to issuance of first Certificate of Occupancy in the North R&D site, or extension of"C" Street to La Novia, whichever occurs first. 4. Intersection improvement and signalization of Valle Road/La Novia @ I-5 ramps including realignment of La Novia,grading and landscaping. To be completed prior to issuance of first Certificate of Occupancy in the North R & D site, or extension of"C" Street to La Novia, whichever occurs first. 5. Improvement and signal modifications of Camino Capistrano @ San Juan Creek Road to provide an additional northbound right turn lane, subject to Caltrans approval. To be completed prior to issuance of first Certificate of occupancy in the North R & D site, or extension of"C" Street to La Novia, whichever occurs first. 6. Improvement and signal modifications of Camino Capistrano @ I-5 ramps to provide an additional lane for combined right/left turns from the southbound off-ramp subject to Caltrans approval. To be completed prior to issuance of the first Certificate of Occupancy in the North R& D site or extension of"C" Street to La Novia, whichever occurs first. Constriction Cost Apportionment and Reimbursement Agreement Page 7 SECTION II. IMPROVEMENTS REQUIRING DEVELOPER TO PAY A `FAIR SHARE' OF COST BASED ON DEVELOPERS PROPORTIONATE TRAFFIC GENERATION TO EACH PROJECT. 1. Existing La Novia, Valle road to 2500 feet east. "Fair share" to be paid prior to recordation of first (1 st) final map. 2. Widening of La Novia to secondary standards from Valle Road to 2500 feet easterly. "Fair Share" to be paid prior to the sixtieth(60th) Certificate of Occupancy in Phase "IIP' of the Conceptual Phasing Plan. 3. Improvement and signalization of the San Juan Creek @ Valley Road Intersection. "Fair Share" to be paid prior to the sixtieth (60th) Certificate of Occupancy in Phase "IIP' of the Conceptual Phasing Plan. /Jww, RECEIVED �. 32400 PASEO ADEIANTO � g _ 'I py6ERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO, CA 92675 �� p C I ' Z J �IIJ OOLLENE CAMPBELL JOHN GREINER (949) 493-1 171 WYATT HART (949) 493-1053 (FAX) mnnlsxte 1961 GIL JONES 1776 - DAVID M.SWERDLIN • • - - _ CITY MANAGER GEORGE SCARBOROUGH July 22, 1999 Clerk-Recorder's Office County of Orange P. 0. Box 238 Santa Ana, California 92701 Re: Improvement and Reimbursement Agreement - Tract 15686/SJD Partners Gentlemen: The following document is enclosed for recordation: Improvement and Reimbursement Agreement - Tract 15686/SJD Partners A check in the amount of $31 is enclosed for cover recording fees and conformed copy fees. When placed of record, please return said document to this office. A duplicate copy of this letter is enclosed. Please stamp Document Number and date of recording on the letter and return it to this office in the enclosed, stamped, self-addressed envelope at your earliest convenience. Thank you for your cooperation. Recorded in the county of orange, California Gary L. Granville, Clerk/Recorder Ve truly yours, IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIillllllllllllllllllllllllllll 30,00 19990581258 04;30PM 08/09/99 " "� 008 12059505 12 21 Al2 9 6.00 24.00 0.00 0.00 0.00 0.00 Cheryl Johns City Clerk Enclosure 094 Document Number a� �O GO`\ 00 , Date 40� OpNa4,`r �e 0 DRUB USE IS San Juan Capistrano: Preserving the Past to Enhance the Future Vendor: ORA006 Orange County Recorder Check Date:07/2011999 Check- 2057 Invoice Invoice Date Reference Amount Retention Discount Net Amount 072099A 07/20/1999 Recorded Map for R & D Site 31.00 .00 .00 31.00 15 602 Final Map Fees 15 1200 1 31.00 Totals 31.00 .00 .00 31.00 W Partners Ltd. on Bank � 332200 Fast Yorba Linda Blvd. 5109 E. La Palma Avenue Suite D (714)693-6700 Fullerton,CA 92831 16-49 / 1220 • Anaheim, CA 92807 DATE CHECK NO. AMOUNT 07/20/1999 2057 ********$31.00* **THIRTY-ONE DOLLARS EXACTLY** qav TO THE ORDER OF Orange County Recorder 11800 205711• 1: 12 2000►.96i: 06400 21,91, iiia e , EXECUTED IN TRIPLICATE • • SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE . 66499.0 BOND NO. 3 SM 048 457 00 PREMIUM: $39, 115.00 WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and SJD PARTNERS, LTD. , A CALIFORNIA LIMITED PARTNERSHIP (hereafter designated as "Principal"), have entered into a Subdivision*Agreement whereby Principal agrees to install and complete certain designated public improvements, which said Agreement dated July 20, 1999 , and made a part hereof; and *Improvement and Reimbursement Agreement — Tract 15686 WHEREAS, said Principal is required, under the terms of said Agreement, to furnish a bond for the faithful performance of said Agreement; NOW, THEREFORE, we, the Principal and AMERICAN MOTORISTS INSURANCE COMPANY as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of THREE MILLION NINE HUNDRED ELEVEN THOUSAND FOUR HUNDRED FIFTY-EIGHT** Dollars, lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. **$3,911,458.00** NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements, then the obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives any rights, if there be any, to require that a demand be made first against the Principal in the event of default. BE 1T FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. • BOND& 3 SM 048 457 00 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alteration, or modification of the contract documents or of work to be performed thereunder. Executed this 2ND day of OCTOBER 2002 , at ORANGE California. SJD PARTNERS, LTD. , A CALIFORNIA PRINCIPAL LIMITED PARTNERSHIP B : SJD DEV PMENT CORP. , ORNIA CORPORATION BY: (NOTARIZATION AND SEAL) APPROVED AS TO FORM: SURETY AMERICAN MOTOR S S INSURANCE COMPANY BY: D.J. PICARD, ATTORNEY-IN-FACT CITY ATTORNEY (NOTARIZATION AND SEAL) Page 2 - Subdivision Performance Bond CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On 10-02-02 before me, CYNTHIA S. WOZNEY, NOTARY PUBLIC DATE LANAE,TIRE OF OFFICER-E.O.'JANE DOE,NOTAW PUBLIC personally appeared D.J. y,,DPICAR ,�y NANE(Si of p^`^"^RS) M personally known to me - OR - ❑ kie�reg to be the person(&) whose name( is/am subscribed to the within instrument and ac- knowledged to me that he/sy( executed the same in hiSNJV-rAbak authorized CYNTHIA S.WOZNEY capacity(aoW, and that by his/heaRtH* S „•'• ' COMM.01362259 m signatureW on the instrument the person(a), ryPublic California v_, or the entity upon behalf of which the ORANGE COUNTY -• 7 My Comm.E>p.Juns25,2ooe person(s) acted, executed the instrument. 7�'-• WITNESS my hand and official seal. 5 OF NOTARY OPTIONAL Though the data below is rat required by law,It may prove valuable to persons relying on the document and could prevent fraudulent reattadunent of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER BOND Tmr:q TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 2 ® ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDWJ/CANSERVATOR ❑ OTHER: 10-02-02 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PER90NM OR C3rrrWOM N/A AMERICAN MOTORISTS INSURANCE COMPANY SIGNER(S)OTHER THAN NAMED ABOVE POWER OF ATTORNEY Know All Men By These Presents: That the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company: corporations organized and existing under the laws of the State of Illinois, having their principal office in Long Grove, Illinois (hereinafter collectively referred to as the"Company") do hereby appoint Beata A. Sensi , Sejal P. Lange , D. J. Picard , Cathy S. Kennedy , Todd M. Rohm of orange , CA (EACH) f11 RR1R11f11f their true and lawful agent(s) and Attorney(s)-in-Fact, to make, execute, seal, and deliver from the date of Issuance of this power for and on its behalf as surety, and as their act and dead: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split Into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal office in Long Grove, Illinois. This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company on February 23, 1988 at Chicago, Illinois, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTFD, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the.Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the Resident, any Vice President, or their appointees designated In writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which It is attached, shall continue to be valid and binding upon the Company." FK 09 75 (Ed. 09 01) Page 1 of 2 Printed In U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and their corporate seals to be affixed by their authorized officers, this January 10, 2002. Attested and Certified: Lumbermens Mutual Casualty Company American Motorists Insurance Company American Manufacturers Mutual Insurance Company e e.,,, ' urluw K. Conway, CorporSecretary J. ly, nior Vice Pre t STATE OF ILLINOIS SS COUNTY OF LAKE SS I, Maria I. Omorl, a Notary Public, do hereby certify that Gary J. Tully and John K. Conway personally known to me to be the same persons whose names are respectively as Senior Vice President and Corporate Secretary of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, Corporations organized and existing under the laws of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seals and delivered the said instrument as the free and voluntary act of said corporations and as their own free and voluntary acts for the uses and purposes therein set forth. 'OFFICIAL SEAL" Lznwa I.on ant NCO alLFIEW S ILLINOIS NvcaIlNlssloxrxnwLs »2003 Maria I. Omori, Notary Public My commission expires 9-17-03 CERTIFICATION I, J. K. Conway, Corporate Secretary of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, do hereby certify that the attached Power of Attorney dated January 10, 2002 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Gary J. Tully, who executed the Power of Attorney as Senior Vice President, was on the date of execution of the attached Power of Attorney the duly elected Senior Vice Resident of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company on this 2nd day of OCTOBER 20 02, 4 ~`gyp ���4 tarat�rt fi e urrww �ttYt��" """ Joh K. nway, C�orp�orateMretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. Home Office: Long Grove, IL 60049 FK 09 15 (Ed. 09 01) Page 2 of 2 Printed in U.S.A. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of D�^^••�� ''ll - n y�/�,, L ., I/ L,, On 1 o I -7'E) Pil before me,L'�Y✓l I ///Cl✓J/SIJ �Y oA �'� iG!✓�, DataTold � drge of Offee(lag.."Jane We,Nota Puello") personally appeared -►-�yN , Narita)of Signers) _�"rsonally known to me -evidenCi�" to be the persor)(� whose name( s/ R1RMF11N21-40 subscribed to the with' instrument and ll! Commission# 1 acknowledged to me�tha�t�_����_,� xecuted +s Notary?ublic-California the same in authorized O,anenC ^,4/ capacity(ie ), and that by <YwrAt" '�*•Cc-)m.E -p,i,.- signature ) on the instrument the person<or • = .-°Y- -.. ., -� the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and officia al. Signature f Nota I' OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Y^y� 0-/-)<4 Document Date: 1-71ZLa Number of Pages: a� Signer(s) Other Than Named Above: '— / 0i Capacity(ies) Claimed by Signer Signer's Name: T [1 ✓J7 n Individual Top of thumb here I] Corporate Officer—Title(s): Fl Partner—7 Limited ❑General ❑ Attorney-in-Fact C Trustee ❑ Guardian or Cc servator I Other: V Signer Is Representing: s ' ®1999 National Notary Association•9350 be Soto Ave.,P O.Bex 2402•Chatsworth,CA 91313-2402•www.nationalnorary org Ford No.5907 Reorder'.Call TollFree1-800-8]66827 EXECUTED IN TRIPLICATE Bond No. 3 SM 048 457 00 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 ._ T � 1 go, l ggg and identified as Project CAMINO LAS RAMBLAS @ VIA CALIFORNIA, VALLE RD/SAN JUAN CREEKis hereby referred to and made a part hereof; and RD TO 1-5 RAMPS, VALLE RDJI-5 RAMPS TO FORSTER RANCH RD, VALLE RD @ LA NOVIA/I-5, CAMINO CAPISTRANO @ SAN JUAN CREEK RD, CAMINO CAPISTRANO @ I-5 RAMPS WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement; *Inprovsnent and Reirnbursement Agreement - Tract 15686 NOW, THEREFORE, we, the Principal and AMERICAN MOTORISTS INSURANCE COMPANY . as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of THREE MILLION NINE HUNDRED ELEVEN THOUSAND FOUR HUNDRED FIFTY-EIGHT Dollars ($3,911,458.00 ) 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 • BOIO. 3 SM 048 457 00 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 specificationsaccompanying 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 2ND day of OCTOBER 2002) 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. SJD PARTNERS, LTD., A CALIFORNIA LIMITED PARTNERSHIP PRINCIPAL BY: JD DEVELOPMENT CORP. , A C IFO PORATION BY: LPVEDAS TO F RA (NOTARIZATION AND SEAL) IkL RI6HARD K. HALTER, CITY ATTORNE SURETY AMERICAN MOTOR S INSURANCE COMPANY BY: D.J. PICARD, ATTORNEY-IN-FACT (NOTARIZATION AND SEAL) NOTE: Please Attach Acknowledgement and Power of Attorney 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On 10-02-02 before me, CYNTHIA S. WOZNEY, NOTARY PUBLIC DATE NAME,TmE OF OFFICER-E.G.,'JANE DOE.NOTARY PUBW personally appeared D.J. PICARD NAMES)OF SIGNERS) ' © personally known to me - OR - ❑ I kaw to be the person(M whose name( is/am subscribed to the within instrument and ac- knowledged to me that he/sU0#Mq executed the same in hishlnu6ttla& authorized CYNTHIA S.W02NEY capacity(b*, and that by hiS/bem ttm& COMM.X1362259 m signature(&) on the instrument the person(&), W r - Notary Public-CalNomla fA ORANGE COUNTY or the entity upon behalf of which the My Comm.Exp.June 25,2006 person(a) acted, executed the instrument. WITNESS my hand and official seal. S 0 SMMTURE OF NOTAR OPTIONAL Though the data below Is not required by law,N may Prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER BOND Tnum TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ umrrED ❑ GENERAL 2 ® ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: 10-02-02 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(&)OR SGINKM N/A AMERICAN MOTORISTS INSURANCE COMPANY SIGNER(S)OTHER THAN NAMED ABOVE POWER OF ATTORNEY Know All Men By These Presents: That the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company; corporations organized and existing under the laws of the State of Illinois, having their principal office in Long Grove, Illinois (hereinafter collectively referred to as the"Company") do hereby appoint Beata A. Sensl , Se)al P. Lange , D. J. Picard , Cathy S. Kennedy , Todd M. Rohm of Orange , CA (EACH) fff1f1111fff• their true and lawful agent(s) and Attorney(s)-in-Fact, to make, execute, seal, and deliver from the date of Issuance of this power for and on Its behalf as surety, and as their act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split Into two or more bonds In order to bring each such bond within the dollar limit of authority as 'set forth herein. This appointment may be revoked at any time by the Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as If the same had been duly executed and acknowledged by their regularly elected officers at their principal office in Long Grove, Illinois. This Power of Attorney Is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company on February 23, 1988 at Chicago, Illinois, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being In full force and effect: "VOTED, That the Chairman of the Board; the President, or any Vice President, or their appointees designated In writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-iniacl, and to authorize them to execute on behalf of the.Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances,contracts of Indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, seated and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." FK 09 76 (Ed. 09 01) Page 1 of 2 Printed In U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and their corporate seals to be affixed by their authorized officers, this January 10, 2002. Attested and Certified: Lumbermens Mutual Casualty Company American Motorists Insurance Company American Manufacturers Mutual Insurance Company e `+.ue' o K. Conway, Corpora Secretary Gary J. q1ynlor Vice Pres t STATE OF ILLINOIS SS COUNTY OF LAKE SS I, Marla 1. Omorl, a Notary Public, do hereby certify that Gary J. Tully and John K. Conway personally known to me to be the same persons whose names are respectively as Senior Vice President and Corporate Secretary of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, Corporations organized and existing under the laws of the State of Illinois, subscribed to the foregoing Instrument, appeared before me this day In person and severally acknowledged that they being thereunto duty authorized signed, sealed with the corporate seals and delivered the said instrument as the free and voluntary act of said corporations and as their own free and voluntary acts for the uses and purposes therein set forth. `OFFICIAL SEAL" A,IA1 I L OAAORE I MAkE PLMK,STAIE ff pLwis 1prC Mat n 3 Maria I. Omori, Notary Public My commission expires 9-17-03 CERTIFICATION I, J. K. Conway, Corporate Secretary of the Lumbermens Mutual Casually Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, do hereby certify that the attached Power of Attorney dated January 10, 2002 on behalf of the person(s) as listed above Is a true and correct copy and that the same has been In full force and effect since the date thereof and Is In full force and effect on the date of this certificate; and I do further certify that the said Gary J. Tully, who executed the Power of Attorney as Senior Vice President, was on the date of execution of the attached Power of Attorney the duly elected Senior Vice President of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company. IN TESTIMONY WHEFEOF, I have hereunto subscribed my name and affixed the corporate seal of the Lumbermen Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual insurance Company on this 2nd day of OCTOBER 20 02, e ee Joh K. nway, Corporatecretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except In the manner and to the extent herein stated. Home Office: Long Grove, IL 60049 FK 09 75 (Ed. 09 01) Page 2 of 2 Printed In U.S.A. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of (' ,f)\A � "/� ss. i wr l Q^� (� ,/� � � ,,,,�//'� n i On 4Q����7�- before me, u�.k'r� \'� 11 �+�1K1JJ 1VAO�ayy/ (+1��/C, Date N and Tale of Officer(e.g.."Jane Dae.Notary Public" P personally appeared � LI V�me N barrels)of Sig orfs) tiersonally known to me •wd to on the basis of satist ,evitt€nce to be the persolIK whose name)&/afia subscribed to the withi instrument and acknowledged to me that&a4eRhe7 executed _ the same in (s uthorized """"4�"'"'"�°'"�" '" `* -? capacity(ies � signatur`!d4 oand that by n the instrument the perso or Q r,•�; �.5, } . „� the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and offi W seal. Sigalnure of OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document ^, Title or Type of Document: J 0-),,C i Document Date:— j o/,D- of Pages: Signer(s) Other Than Named Above: I Capacity(ies) Claimed by Signer / Signer's Name: ���J k�) ( ❑ Individual Top of thumb here C Corporate Officer—Title(s): ❑ Partner—❑ Limited I I General ❑ Attorney-in-Fact Trustees Guardian or Co s rvator ( Other: y7!�ff7��i f Signer Is Representing: c T� 01999 National Notary Association•9350 De Sato Ave PO Boa 2602•Cbansworiq CA 91313-2402•www.naficnalnotr,oM Pre.No 5907 Reorder Call Toll-Free 1-60D 876 6827 SUNCAL DEVELOPMENT Sureties Associated with the Development of the North R & D Site In Accordance with the CUP Estimates (Prepared in April, 2000) Summary of Required Sureties as of July 2002 Project Bond Completion Estimated inflation Bond Amount Number Category Date CUP cost of factor Performance and Improvements 5% per Yr. Labor&Material 1 Signal @ Las Ramblas Prior to first &Via California Residential $211,023 $21,102 $232,125 Cof0 2 Valle Rd, from SJC Rd. Prior to First to Ramps, Intersection & C of O $1,049,066 $104,907 $1,153,973 Signalization Mod. 3 Valle Rd, from Ramps to Prior to First Terminus C of O $1,737,793 $173,779 '$1,911,572 4 Valle/La Novia @ Prior to First Ramps realignment and C of O $749,115 $74,912 $824,027 signalization 5 Camino Cap @ SJC Rd, Prior to First $179,125 $17,913 $197,038 add N-Bound right turn C of O 6 Camino Cap @ 1-5 Prior to First Ramps, Improvements C of O $84,294 $8,429 $92,723 and signal mod Total $4,010,416 $401,042 $4,411,457 (less R/W cost of$500,000) Therefore the total will change to $4,411,457 - $500,000 = $3,911,457 Construction Cost Apportionment and Reimbursement Agreement Page 6 ATTACHMENT A PUBLIC IMPROVEMENTS SECTION 1 -- IMPROVEMENTS TO BE CONSTRUCTED BY DEVELOPER SUBJECT TO REIMBURSEMENT (REF: sect 7.1.2. DEV. AGREEMENT) 1. Intersection improvement and signalization of Camino Las Ramblas @ Via California. To be constructed prior to the first residential Certificate of Occupancy. 2. Widen Valle Road between San Juan Creek Road and the 1-5 ramps to secondary standards, including traffic signal and power pole relocations, necessary grading, retaining walls and slope landscaping. To be constructed prior to first Certificate of Occupancy in the North R & D site or extension of"C" Street to La Novia, whichever occurs first. 3. Widen Valle Road between I-5 ramps and Forester Ranch Road to commuter standards, including necessary grading, retaining walls, and landscaping. To be completed prior to issuance of first Certificate of Occupancy in the North R&D site, or extension of"C"Street to La Novia, whichever occurs first. 4. Intersection improvement and signalization of Valle Road/La Novia @ I-5 ramps including realignment of La Novia,grading and landscaping. To be completed prior to issuance of first Certificate of Occupancy in the North R & D site, or extension of"C' Street to La Novia, whichever occurs first. 5. Improvement and signal modifications of Camino Capistrano @ San Juan Creek Road to provide an additional northbound right turn lane, subject to Caltrans approval. To be completed prior to issuance of first Certificate of occupancy in the North R & D site, or extension of"C' Street to La Novia, whichever occurs first. 6. Improvement and signal modifications of Camino Capistrano @ I-5 ramps to provide an additional lane for combined right/left turns from the southbound off-ramp subject to Caltrans approval. To be completed prior to issuance of the first Certificate of Occupancy in the North R & D site or extension of"C" Street to La Novia, whichever occurs first. Construction Cost Apportionment and Reimbursement Agreement Page 7 SECTION II. IMPROVEMENTS REQUIRING DEVELOPER TO PAY A `FAIR SHARE' OF COST BASED ON DEVELOPERS PROPORTIONATE TRAFFIC GENERATION TO EACH PROJECT. 1. Existing La Novia,Valle road to 2500 feet east. "Fair share" to be paid prior to recordation of first (1st) final map. 2. Widening of La Novia to secondary standards from Valle Road to 2500 feet easterly. "Fair Share" to be paid prior to the sixtieth (60th) Certificate of Occupancy in Phase "III" of the Conceptual Phasing Plan. 3. Improvement and signalization of the San Juan Creek @ Valley Road Intersection. "Fair Share" to be paid prior to the sixtieth (60th) Certificate of Occupancy in Phase "III" of the Conceptual Phasing Plan. 1. Camino Las Ramblas @ Via California - Signalization (TFI&C # 6.1, Total Cost) $211,023 2. Valle Rd / San Juan Creek Rd to 1-5 Ramps [Widen Road, Intersection & Signalization Modification ] (TFI&C # 12.1, Total Cost) $1,049,066 3. Valle Rd / 1-5 Ramps to Forster Ranch Rd [Widen Road ] (TFI&C # 12.2, Total Cost) $1,737,793 4. Valle Rd @ La Novia / 1- 5 [ Ramps Intersection Realignment and Signalization ] (TFI&C # 5.4, Total Cost) $749,115 5. Camino Capistrano @ San Juan Creek Rd [ Add Northbound Right Turn ] (68% of TFI&C #s 2.4 & 2.5) Total Cost $263,419 x 68% = $179,125 6. Camino Capistrano @ 1-5 Ramps [ Improvement & Signal Modification ] (32% of TFI&C #s 2.4 & 2.5) Total Cost $263,419 x 32% = $84,294 Total estimated construction costs based on Yr. 2000 $4,010,416 Inflation Factor @ 5% per year for 2 years = 10% $ 401,042 Total surety amount to be posted by Developer in Yr. 2002 $ 4,411,458 EXECUTED IN TRIPLICATE • • SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE . 66499.0 BOND NO. 3 SM 048 457 00 PREMIUM: $39,115.00 WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and SJD PARTNERS, LTD. , A CALIFORNIA LIMITED PARTNERSHIP (hereafter designated as "Principal"), have entered into a Subdivision*Agreement whereby Principal agrees to install and complete certain designated public improvements, which said Agreement dated July 20. 1999 and made a part hereof; and *Improvement and Reimbursement Agreement - Tract 15686 WHEREAS, said Principal is required, under the terms of said Agreement, to furnish a bond for the faithful performance of said Agreement; NOW, THEREFORE, we, the Principal and AMERICAN MOTORISTS INSURANCE COMPANY as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of THREE MILLION NINE HUNDRED ELEVEN THOUSAND FOUR HUNDRED FIFTY-EIGHT** Dollars, lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. **$3,911,458.00** NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements, then the obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives any rights, if there be any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. • BONro. 3 SM 048 457 00 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alteration, or modification of the contract documents or of work to be performed thereunder. Executed this 2ND day of OCTOBER 2002 , at ORANGE , California. SJD PARTNERS, LTD. , A CALIFORNIA PRINCIPAL LIMITED PARTNERSHIP $ SJD DEVELOPMENT CORP. , 1J��JJ//C�J�J A CORPORATION BY: (NOTARIZATION AND SEAL) APPROVED AS TO FORM: SURETY AMERICAN MOTORI INSURANCE COMPANY /0 BY: D.J. PICARD, ATTORNEY-IN-FACT CITY ATTORNEY (NOTARIZATION AND SEAL) Page 2 - Subdivision Performance Bond CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On 10-02-02 before me, CYNTHIA S. WOZNEY, NOTARY PUBLIC DATE NAM. E OF OFFICER-E.G..•yam DOE.NOTARY PUBLIC• , personally appeared D.J. PICARD NAAAE(S)OF slcv+ERfsl , © personally known to me - OR - ❑ AWWWAwkwu to be the person() whose name( is/axa subscribed to the within instrument and ac- knowledged to me that he/syl executed the same in hist authorized CYNTHIA S.WOZNEY capacity(LeA, and that by his/bomdt� ' COMM.91382259 M Notary Public-Califomia 01 signature(W on the instrument the person(&), tu ; n ORANGE COUNTY Or the entity My Comm.Exp.June 25,2006 upon behalf of which the ' person(m) acted, executed the instrument. WITNESS my hand and official seal. �- > . (, ,� SOGMTUM OF WTMY; OPTIONAL Though the data below is not required by law,M may prove valuable to persons retying on the document end could prevent fraudulent reattactunent of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER BOND TMEM TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 2 ® ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDw4roNSERVAToR ❑ OTHER: 10-02-02 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAAAE OF PERSONM OR FNIRYIIES) N/A AMERICAN MOTORISTS SIGNER(S)OTHER THAN NAMED ABOVE INSURANCE COMPANY In Testimony Whereof, the Company has caused this instrument to be signe3 and their corporate seals to be affixed by their authorized officers, this January 10, 2002. Attested and Certified: Lumbermens Mutual Casualty Company American Motorists Insurance Company American Manufacturers Mutual Insurance Company e e �oh K. Conway, rporaSecretary J. Ily, 6 Vice Pres t STATE OF ILLINOIS SS COUNTY OF LAKE SS 1, Maria 1. Omori, a Notary Public, do hereby certify that Gary J. Tully and John K. Conway personally known to me to be the same persons whose names are respectively as Senior Vice President and Corporate Secretary of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, Corporations organized and existing under the laws of the State of Illinois, subscribed to the foregoing Instrument, appeared before me this day In person and severally acknowledged that they being thereunto duty authorized signed, sealed with the corporate seals and delivered the said instrument as the free and voluntary act of said corporations and as their own free and voluntary acts for.the uses and purposes therein set forth. 'OFFICIAL SEAL' 4,Q U►!?02A 1MYrAAY RlIIr,4A1E OF ILLINOIS wrcweswxsrnaz 17 3 Maria 1. Omori, Notary Public My commission expires 9-17-03 CERTIFICATION I, J. K. Conway, Corporate Secretary of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, do hereby certify that the attached Power of Attorney dated January 10, 2002 on behalf of the person(s) as listed above is a true and correct copy and that the same has been In full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Gary J. Tully, who executed the Power of Attorney as Senior Vice President, was on the date of execution of the attached Power of Attorney the duty elected Senior Vice President of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Lumbermen Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company on this 2nd day of OCTOBER . 20 02, e I�r^.{ ,SV�11i^�a�' Joh K. nway, Corporate S retary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. Home Office: Long Grove, IL 60049 FK 09 75 (Ed. 09 01) Page 2 of 2 Printed In U.S.A. POWER OF ATTORNEY Know All Men By These Presents: That the Lumbermens Mutual Casually Company, the American Motorists insurance Company, and the American Manufacturers Mutual Insurance Company; corporations organized and existing under the laws of the State of Illinois, having their principal office In Long Grove, Illinois (hereinafter collectively referred to as the"Company") do hereby appoint Beata A. Sensi , Sejal P. Lange , D. J. Picard , Cathy S. Kennedy , Todd M. Rohm of Orange , CA (EACH) their true and lawful agent(s) and Attorney(s)-in-Fact, to make, execute, seal, and deliver from the date of Issuance of this power for and on Its behalf as surety, and as their act and deed: Any and all bonds and undertakings DCCEPiION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split Into two or more bonds In order to bring each such bond within the dollar limit of authority as 'set forth herein. This appointment may be revoked at any time by the Company. The execution of such bonds and undertakings In pursuance of these presents shall be as binding upon the said Company as fully and amply to all Intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal office in Long Grove, Illinois. This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company on February 23, 1988 at Chicago, Illinois, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED. That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shell have the power and authority to appoint agents and attorneys-Iniact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: 'VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated In writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which It Is attached, shall continue to be valid and binding upon the Company." FK 09 75 (Ed. 09 01) Page 1 of 2 Printed In U.S.A. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of �o1 On 1vl� ��cT before me, V£Y1ft • ,1 JTQKyo 1� Date `�'\- \r Name and Tale o1 Officer(e.g.,"Jane Doe,Notar,Mubllc) personally appeared 1 lS , U1 rkN /� , Name(a)of Sgner(o) NQersonally known to me factory &decree to be the person whose name is a� subscribed to tewithi instrument and acknowledged to me that e ;;H executed the same in is authorized capacity(i ), and that by m �^ signature ) on the instrument the person( or r x " the entit upon behalf of which the person(( acted, executed the instrument. ,rte �rf� WITNESS my hand and official a. r i Signatur of Won,P lic OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document }/ Title or Type of Document: T)cJY1C% l � Document Date: 10)�E L -- Number of Pages: _ Signer(s) Other Than Named Above: / !9 I Capacity(les) Claimed by Signer ') 1 Signer's Name: T xL�. K&) ✓) C Individual Top of thumb here F Corporate Officer—Title(s): C Partner-1 1 Limited El General ❑ Attorney-in-Fact L Trustee 11 Guardian or Conservator i Other no^s-P�V1=Cv✓ ( Signer Is Representing: S ' Vis L+8 _ 01999 National Notary Assooat,on•9350 De Soto Ave PD Box 2402•Chateworth,CA 91313-2402•w rationalnormo org Prod No 5901 Roomer:Call Toll-Frac 1.800,876-6827 L EXECUTED IN TRIPLICATE Bond No. 3 SM 048 457 00 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 July 20. 1999 and identified as Project CAMINO LAS RAMBLAS @ VIA CALIFORNIA, VALLE RD/SAN JUAN CREEK is hereby RD referred to and made a part hereof; and 0 I- RAMPS, VALLE RD/I-5 RAMPS TO FORSTER RANCH RD, VALLE RD @ LA NOVIA/I-5, CAMINO CAPISTRANO @ SAN JUAN CREEK RD, CAMINO CAPISTRANO @ I-5 RAMPS WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement; *improvEment and Reimbursanent Agreement — Tract 15686 NOW, THEREFORE, we, the Principal and AMERICAN MOTORISTS INSURANCE COMPANY as Surety, are held and firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of THREE MILLION NINE HUNDRED ELEVEN THOUSAND FOUR HUNDRED FIFTY-EIGHT Dollars ($3,911,458.00 ) 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 lof2 • BO 0. 3 SM 048 457 00 W 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 specificationsaccompanying 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 2ND day of OCTOBER 2002 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. SJD PARTNERS, LTD. , A CALIFORNIA LIMITED PARTNERSHIP PRINCIPAL B : SJD DEVELOPMENT CORP. , 74sQI�CORPORATION BY 4�HAFLI VED AS;7RIy� (NOTARIZATION AND SEAL) K. DENHALTER, CITY ATTORNE SURETY AMERICAN MOTOR INSURANCE COMPANY BY: D.J. PICARD, ATTORNEY-IN-FACT (NOTARIZATION AND SEAL) NOTE: Please Attach Acknowledgement and Power of Attorney 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On 10-02-02 before me, CYNTHIA S. WOZNEY, NOTARY PUBLIC DATE NAME ME OF OFFICER.E.G.,'JAM DOE.NOTARY PUBLIC ' personally appeared D.J. PICARD NAW(S)OF SKOWPO) ' © personally known to me - OR - ❑ king to be the personW whose name( is/axe subscribed to the within instrument and ac- knowledged to me that hem executed the same in hist authorized capacity(, and that by his/tleufthed CYNTHIA S.WOZNEY signature(o on the instrument the person(a.), coMNi.s,serne m or the entity upon behalf of which the `e NmaryPu6llc.Californla N person(m) acted, executed the instrument. W =..s ORANGE COUNTY ' WITNESS my hand and official seal. �J S*MTURE OF NOTARY OPTIONAL 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 DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER BOND MTLW TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMBED ❑ GENERAL 2 ® ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDWVCONSERVATOR ❑ OTHER 10-02-02 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSM4M OR ENTRY N/A AMERICAN MOTORISTS INSURANCE COMPANY SIGNER(S)OTHER THAN NAMED ABOVE In Testimony Whereof, the Comp has caused this Instrument to be signfand their corporate seals to be affixed by their authorized officers, this January 10, 2002. Lumbermens Mutual Casualty Company Attested and Certified: American Motorists Insurance Company American Manufacturers Mutual Insurance Company (/J e e,,, � A/• V o K. Conway, Corpor a Secretary J. ly, nior Vice Pres t STATE OF ILLINOIS SS COUNTY OF LAKE SS I, Maria I. Omori, a Notary Public, do hereby certify that Gary J. Tully and John K. Conway personally known to me to be the same persons whose names are respectively as Senior Vice President and Corporate Secretary of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, Corporations organized and existing under the laws of the State of Illinois, subscribed to the foregoing Instrument, appeared before me this day In person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seals and delivered the said Instrument as the free and voluntary act of said corporations and as their own free and voluntary acts for the uses and purposes therein set forth. 'pfflClSEAL" wuvn'L oMom xrnEQvft Kr,STATEof IL1JNM 1QtcoMEasvo�omwrs t� zoo3 Marla I. Omori, Notary Public My commission expires 9-17-03 CERTIFICATION 1, J. K. Conway, Corporate Secretary of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, do hereby certify that the attached Power of Attorney dated January 10, 2002 on behalf of the person(s) as listed above is a true and correct copy and that the same has been In full force and effect since the date thereof and Is in full force and effect on the date of this certificate; and I do further certify that the said Gary J. Tully, who executed the Power of Attorney as Senior Vice President, was on the dale of execution of the attached Power of Attorney the duly elected Senior Vice President of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company on this 2nd day of OCTOBER 20 02, e e /1 .,'Y E�E'rIVA�.Joh K. onway, Corporate cretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except In the manner and to the extent herein stated. Home Office: Long Grove, IL 60049 FK 09 75 (Ed. 09 01) Page 2 of 2 Printed In U.S.A. POWER OF ATTORNEY Know All Men By These Presents: That the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, corporations organized and existing under the laws of the State of Illinois, having their principal office in Long Grove, Illinois (hereinafter collectively referred to as the"Company") do hereby appoint Beata A. Sens[ , Sejal P. Lange , D. J. Picard , Cathy S. Kennedy , Todd M. Rohm of Orange , CA (EACH) ............. their true and lawful agent(s) and Attorney(s)-In-Fact, to make,execute, seat, and deliver from the date of issuance of this power for and on Its behalf as surety, and as their act and dead: Any and all bonds and undertakings BCCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split Into two or more bonds In order to bring each such bond within the dollar limit of authority as 'set forth herein. This appointment may be revoked at any time by the Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal office In Long Grove, Illinois. This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company on February 23, 1988 at Chicago. Illinois, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED. That the Chairman of the Board,the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and altorneys-in-fact, and to authorize them to execute on behalf of the.Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process.' This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seat of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company.' FK 09 75 (Ed. 09 01) Page 1 of 2 Printed In U.S.A. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California as. County ofd On � © before me, �tY✓I /�I��v�y�YVI M11y' / 1���/QY l� �y� Dae Namer d iiile of Officer(e.g.,'Jane Doe,Notary Public") personally appeared ��" K 1.l✓tel in Neel of Slgnega) Wersonally known to me euideaee to be the persol whose nameis subscribed to Ilia witA instr an and 41u-= acknowledged to me tha Yi hefl?Wexecuted IllR.Rt��'eLC^rr the same in i0F+e+kheir'authorized I i Comtriiss'2i# l'?`.- � a capacity(ie and that by r1gw4helr- -s Notary Put'-lic-Cnl'Ifn is signature on the instrument the p son or Orang^Cr•n�f the entit upon behalf of which the person i,*y C.c:^'tm_Ertirtr r,.7.-T.^. 'N"Ru'L n, .,,,., „t..„ fl acted, executed the instrument. WITNESS my hand and off i A sea, Signature of Iola OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: h�'� Number of Pages: i9 Signers)Other Than Named Above: Capacity(les) Claimed,by Signer Signer's Nam - Individual Top of thumb here - Corporate Officer—Tdle(s): - Partner—C Limited -General l El Attorney-in-Fact -1 Trustee l E Guardian or Conservator Other: V\o �'i Vi S5 DL Signer Is Representing: �Vel�s. 01999 National Notary Assonalion•9350 De Soto Ave.,PO Box 2402.ChavarlM1,CA 913132402•www nanonalnolary org Pmtl No.5907 Reorder Call TollFree1-8068]6682] • Joao � • 32400 PASEO ADELANTO j/,Yy IN011011111 SAN JUAN CAPISTRANO, CA 92675 'yt'IliiI961 MEMBERS OF THE CITY COUNCIL (949) 493-1171 (949) 493-1053 (FAX) 177f DIANE L.EATHGATE JOHNS.GELFF 14'11'11'..5'0116❑ONCOPISlrOtlO.0Ig MATT HART O AVID M DAVID M.SWERDLIN CITY MANAGER GEORGESCARSOROUGH December 30, 2002 Mr. Ronald A. Freeman Vice President SJD Partners, LTD. 5109 E. LaPalma, Suite D Anaheim, CA 92807 Re: Release of Subdivision Faithful Performance & Subdivision Labor and Material Bonds (Tract 15686) Dear Mr. Freeman: Please find enclosed a copy of Bond No. SD00082819 issued by Frontier Pacific Insurance Company in the amount of $2,157,543. The originals have been forwarded to Frontier Pacific Insurance Company. If you have any questions, please do not hesitate to call me at (714) 443-6310. Very truly yours, iW.u� . I Dawn M. Schanderl Deputy City Clerk cc: Sam Shoucair, Senior Engineer Frontier Pacific Insurance Company (original bonds) DRUG USE IS San Juan Capistrano: Preserving the Past to Enhance the Future Y MEMORANDUM December 18, 2002 TO: Dawn Schanderl, Deputy City Clerk FROM: Sam Shoucair, Senior Engineer SUBJECT: Tract 15686 SJD Partners, SunCal SunCal has requested the release of the $2,157,543.00 bond described in the attached letter. SunCal has replaced this bond, issued by Frontier Pacific Insurance Company(which was liquidated early this year), with another larger bond for$3,911,458.00 issued by American Motorist. It is therefore recommended that this old bond (which does not have any value) be released to SunCal. Thank you for your assistance in this matter. Please call me if you need additional information. Attachment t SJD Partners, LTD. November 27,2002 Mr.Sam Shoucair Senior Engineer Engineering Department City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano,CA 92675 Dear Sam: Pursuant to our conversation in your offices on November 21, 2002, this letter shall request release of the following bond posted with the City for the Pacific Point project. Bond Number Amount SD00082819 $2,157,543 We are requesting these release due to the fact that this bond was replaced by Bond Number 3SM04845700 in the amount of $3,911,458. Please review this request and call me if you have any questions regarding this matter.Thank you. Sincerely, Ronald A. Freeman Vice President Cc: Bruce Elieff 5109 E. LaPalma Suite D Anaheim CA 92807 (714) 693-6700 BOND NO. SD00082819 EXECUTED IN TRIPLICATEKIUM: $17,260.00 SUB�.sION FAITHFUL ['BRFORMAIJ) ,610 (GOVERNMENT CODE . 66499.1) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and SJD PARTNERS, LTD. , A CALIFORNIA LIMITED PARTNERSHIP (hereafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated public improvements, which said Agreement dated AUGUST 6 , 19 92 , 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 firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of TWO MILLION ONE HUNDRED FIFTY-SEVEN THOUSAND FIVE HUNDRED FORTY-THREE ** Dollars, lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. **($2,157,543.00) NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements, then the obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives any rights, if there be any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included In any judgment rendered. RELEASED DATE INITIALS 2. Saito_ety, for value received, herebyej."fates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alteration, or modification of the contract documents or of work to be performed thereunder. Executed this 22ND day of NOVEMBER 19 99 , at ORANGE , California. PRINCIPAL SSD PARTNERS, LTD. , A CALIFORNIA LIMITE7 PARTNERSHIP BY: (NOTARIZATION AND SEAL) APPROVED AS TO FORM: SURETY FRONTIER PACIFI INSURANCE COMPANY BY: D.J. PIC torney-in-Fact CITY ATTORNEY (NOTARIZATION AND SEAL) Page 2 - Subdiyision Performance Bond CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California I � County of L) ��n�� ss. A Itn On 6 before me, Y o4av kb// Dale /I Na a nd Title of o�cer(e.g.,'Jan Dce,Notary Public) personally appeared r\��� ll.P , Names)of Slgneds) ersonally known to me r h^tic of ^t'gfn�T�r __ ovidenrp to be the person( whose namey���6//4Te subscribed to tb�wit instrurfient and KEPF]E. xq=�,l�F! � -)k 1 1 ,t)2 4 acknowledged to me t t At 6y executed COm^t! Nc1aryP c. �,a ,; the samein is �f/th r Ithor¢ d C� C^ r, capacity(i and that by Qtyd/ rlir �Liet rcr -^ signatureV on the instrument the person o CCC ' the entityupon behalf of which the per on acted, executed the instrument. IT E my hand a offici se I. / I / Place Notary Seal Above Sign ure of N ary P blit V OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document .i and could prevent fraudulent removal and reattachment of this form to another document. ,I Description of Attached Documen Title or Type of Document: t1 M Document Date: I 1 I�2/ I C? Number of Pages: I Signer(s) Other Than Named Above: N I I Cgne 's Name; Claimed Signer's Name: ❑ Individual Top or thumb here ❑ Corporate Officer—Title(s): t, ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee i' GuardiaDpr Consqr�a�to�� .I t, Other: r)1(�.9 I I Signer Is Representing: �hIYY`J Lt 1997 National Notary Association•9350 De$oto Ave.,P.O.Box 2402•Chatsworth,CA 913132402 Prod,No.5907 Reorder Call Toll-Free 1-800-876-882] STATE OF CALIFORNIA COUNTY OF ORANGE I SS. On 11/22/99 before me,BEATA A. SENSI, NOTARY PUBLIC PERSONALLY APPEARED D. J. PICARD personally known to me to be the persona) whose name is/M subscribed to the within instrument and acknowl- edged to me that heldWJWV executed the same in his/ COMM.trN3373s ba3M= authorized capacity(i;(s), and that by his/1tW yes rarutvPuetac-culFopr+I� W& signature" on the instrument the personTA or the owuxlE aouNry entity upon behalf of which the person(g) acted,executed gym• R�W ts,2007 the instrument. WITNESS my hand and official seal. Signature r J This arm for Offuial Notarial Seal OPTIONAL 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 DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER BOND TITLE OR TYPE OF DOCUMENT nnE(sl ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 2 © ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: 11/22/99 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(SI OR EtM Y(1ES1 FRONTIER PACIFIC INSURANCE COMPANY SIGNER(S)OTHER THAN NAMED ABOVE ID-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT EXECUTED IN TRIPLICATE • • Bond No. SD00082819 PREMIUM CHARGED IS INCLUDED SUBDIVISION LABOR AND MATERIAL BOND IN PERFORMANCE 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 PARTNFRSATP (hereinafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to Install and complete certain designated Improvements which said Agreement, dated AUGUST 6 ) 199L. and identified as Project VALLE ROAD, CITY OF SAN JUAN CAPISTRANO. TRACT 14196 ** is hereby referred to and made a part hereof; and **IMPROVEMENT PLANS 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 a%d FRONTIER PACIFIC INSURANCE COMPANY -- as Surety, are held and firmly bound unto the City of San 3uan Capistrano, hereinafter called "City" in the penal sum of TWO MILLION ONE HUNDRED FIFTY-SEVEN THOUSAND FIVE HUNDRED FORTY-THREE Dollars ($_ 2,157,543.00 ) 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 therei-I 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 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, exte-)cion of time, alteratioj or addition to the terms of the agreement or to the work or to the specif ications. IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of whIch shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety herein named on the 22ND day of NOVEMBER 19 99, 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. PRINCIPAL SSD PARTNERS, LTD. , A CALIFORNIA ��LIMI/TED PARTNERSHIP 4A �k U & P VED LA$ TO F R (NOTARIZATION AND SEAL) i 'I�HARD K. D£NHALTER, CITY ATTORNE SURETY FRONTIER PACIF C INSURANCE COMPANY BY: ' D.J. PICARD, Attorney-in-Fact (NOTARIZATION AND SEAL) NOTE: Please Attach Acknowledgement and RELEASED Power of Attorney DATE� O-44— INITIALS 2a-� 2 of 2 l CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California I N� County of �r% ��l JI lw_ ss (( I On 1 , before me, YY I . I k /l{� Date Name and TO of�p �zq(e.f,"Jane Doe,N otalry Public") personally appearedrlJ� Name(s)of Signegs) nsonally known to me e-me-onY thL'b Vs of�etlSfact6ry evidenee- A® s to be the persona whose name( &z�/e K t�tlti =r subscribed to the witlk instrument and C acknowledged to me at /tV6y executed \\ norc cnt 'a the same in i hit/thXiir authorize 1A,Cr. capacity(ieand that by (9/p&/th6ir - - - - signature(4) on the instrument the person(g'), or the entity upon behalf of which the person( acted, executed the instrument. PI N SS my hand and offloMseal,. , II Place Notary Seal Abovef gnature of otary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document I and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Docurn _ - Title or Type of Document: '�-.. X\.CI .i Document Date: '` 7 Number of Pages: Signer(s) Other Than Named Above: •I Capacity(ies) ClaimiSigner / Signer's Name: lA � (� _ ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—1E Limited ❑General ❑ Attorney in Fact I ❑ Trustee 'I �❑ GuardOther an Cqns atom Othec (� p li Signer Is Representing: TP PU/' Cris, LTL �i P 1997 National Notary Association•9350 De Soto Ave..P.O-Box 2402•Chatsworth.CA 91313-2402 Prod No 5907 Reorder-Call Toll-Free 1800875-1827 STATE OF CALIFORNIA • COUNTY OF ORANGE SS. On 11/22/99 before me,BEATA A. SENSI, NOTARY PUBLIC PhRSONALLY APPEARED D. J. PICARD Personally known to me to be the personQt±) whose name(K) is/m subscribed to the within instrument.and acknowl- edged to me that he/dD4nWV executed the same in his/ bWrf6= authorized capacity(i&), and that by his/KW &M signature" on the instrument the persorift or the --- � entityupon behalf of which the rson acted, executed BEATAA. SENSI 1" lam ) ' COMM.#1133739 the instrument. p`�m NOTAAV PUBWC-CAAl1FOfiNa ORANGE COUNTY .14,2001 WITNESS my hand and official seal. .� My Comm.Fii�1N Signature / I Som This arm for Official Notarial Sed OPTIONAL 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 DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER BOND TNLE(ST TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 2 ® ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: 11/22/99 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENDT'(IES) FRONTIER PACIFIC INSURANCE COMPANY SIGNER(S)OTHER THAN NAMED ABOVE 10-081 p-w.6/94 ALL-PURPOSE ACKNOWLEDGEMENT FRONTIER PIIR - INSURANCE COMPANY (A California Company) 4250 Executive Square,Suite 200,La Jolla,California 92037 POWER OF ATTORNEY Y.Qudlo All Men AlitTl)rar j'arracute: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 respect to any bond,undertaking,recognizance or other contract of indemnity or writing obligatory in the nature thereof, "RESOLVED,that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof,said date to be not later than the date of delivery thereof by such Attorney-in-Fact" This Power of Attorney is signed and sealed in facsimile under,nd by itte yfthociivTODD .of the aboyp ResIIlidiprLD DOES HEREBY MAKE,CONSTITUTE AND APPOINT: CATHY S. KENNEDY BEATA A.SENSI of Orange ,in the state of California its true and lawful Attorneys)-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 NOT TO EXCEED THREE MILLION FIVE HUNDRED THOUSAND($3,500,000.00)DOLLARS;and to bind FRONTIER PACIFIC INSURANCE 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 Attorney(s)-in-Fact pursuantto the authority herein given are hereby rarified and confi(med. 3n3111ittleae0l rrcof,FRONTIERPACIFICINSUR` 4� COMPANY of aJQIla,C,alifornia,has caused this Power ofAttorne to besi �e9b Its Vice President and its Corporate seal to be affixed this day of �epierrl y 1 g BJH y FRONTIER PACIFIC INSURANCE COMPANY p!,FiNWq. er"., BY: `'• _._ ' STATE OF CALIFORNIA) ""' DAVID E.CAMPBELL,Vice President ` � � COUNTY OF SAN DIEGO) On Sept. 141998 before me. Nydia Ortiz, personally appeared David E. Campbell, personalty known to me or proved to me on the basis of satisfactory evidence to b is 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 N.ORTIZ _ Commission# 1192302 - Notary Pubrtc-California _ Sat Dlego County �1 *Conn.Btpt %Augd,2002 Signature of Notary Corporation Acknowledgement I,the undersigned,Joseph P.Loughlin,Secretary of FRONTIER PACIFIC INSURANCE COMPANY,do hereby certity 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 22ND day of NOVEMBER 1y 99 � -�,I 1. ' Joseph P.Loughlin,Secretary •..... FM19-5002A-FP 112/96) ........... w-12525-w%-wNl jJkND NO. SD00082819 EXECUTED IN TRIPLICATE MIUM: $17,260.00 SUBDRION FAITHFUL PERFORMANCE D (GOVERNMENT CODE . 66499.1) WHEREAS, the City .Council of the City of San Juan Capistrano, State of California, and SJD PARTNERS, LTD. , A CALIFORNIA LIMITED PARTNERSHIP (hereafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated public improvements, which said Agreement dated AUGUST 6 19 92 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 firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of TWO MILLION ONE HUNDRED FIFTY-SEVEN THOUSAND FIVE HUNDRED FORTY-THREE ** Dollars, lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. **($2,157,543.00) NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements, then the obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives any rights, if there be any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. c 2. Said Qety, for value received, hereby states and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alteration, or modification of the contract documents or of work to be performed thereunder. Executed this 22ND day of NOVEMBER 19 99 , at ORANGE , California. PRINCIPAL SJD PARTNERS, LTD. , A CALIFORNIA LIMIT�D PARTNERSHIP BY. (NOTARIZATION AND SEAL) APPROVED AS TO FORW SURETY FRONTIER PACIFIC INSURANCE COMPANY _ BY: — �. ) " J L-2 D.J. PICARD, Attorn y-in-Fact CITY ATTORNEY (NOTARIZATION AND SEAL) Page 2 - Subdivision Performance Bond CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California (�/I i County of �t�V LN ss. On � , before me, Y-�� .1 ylin, ,Date Name an f ORicer(e.g.,"Ja Doe,Notary Public" personally appeared (, Name(s)of Signer(s) % ersonally known to me o - ,®videnc�' to be the persony��c whose name( &/�re subscribed to t�fe within instru ant and acknowledged to me that�s�e/t y executed the same in dS�r/thor thorized ti n-t7 1 t� capacity , and that by 1 h /the7r _ ? _ signature on the instrument the person r c a the entity upon behalf of which the person) O C, acted, executed the instrument. �Ic 7r7 WITNESS my hand anseal. Place Notary Seal Above Signature o Nota OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: i' Document Date: Number of Pages: oC A � -- Signer(s) Other Than Named Above: Y� I Capacity(ies) Claimed Signer's Name: ❑ Individual - Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—L Limited ❑ General ❑ Attorney in Facti L Trustee J Guardian or Cnservator . �ther: � fl I0'L' Signer Is Representing:B 111 1997 National Notary Association•9350 De Soto Ave-,PO Box 2402•Chatsworth,CA 91313-2402 Prod No 5907 Reorder.Call Toll-Free 1800-676-662,7 STATE OF CALIFORNIA SS. COUNTY OF ORANGE On 11/22/99 before me,BEATA A. SENSI, NOTARY PUBLIC PERSONALLY APPEARED D. J. PICARD personally known to me to be the persona) whose name(1f) is/M subscribed to the within instrument.and acknowl- edged to me that he/dpa%W executed the same in his/ WrPOM authorized capacity(iNs), and that by his/]4WBEATAA. SENSI dift signature" on the instrument the persoram or the w NOTMy M*1133739 entity upon behalf of which the persong) acted, executed cECIX1Niy IAJ the instrument. ^m• 0.Apr,ie,pppi WnNESS my hand and official seal. \/� Signature I r/^�� , ✓ � This arm for Official Notarial Seal OPTIONAL 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 tone. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER BOND TITLE OR TYPE OF DOCUMENT n1LE(q ❑ PARTNER(S) ❑ LIMITED El GENERAL 2 © ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: 11/22/99 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONS)on ENn7Y(IES) FRONTIER PACIFIC INSURANCE COMPANY SIGNER(S)OTHER THAN NAMED ABOVE M-08i Rev 6194 ALL-PURPOSE ACKNOWLEDGEMENT EXECUTED IN TRIPLICATE • Bond No. SD00082819 PREMIUM CHARGED IS INCLUDED SUBDIVISION LABOR AND MATERIAL BOND IN PERFORMANCE 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 MTT n 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 AUGUST 6 , 1992 and identified as Project VALLE ROAD, CITY OF SAN JUAN CAPISTRANO. TRACT 14196 ** Is hereby referred to and made a part hereof; and **IMPROVEMENT PLANS 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 MILLION ONE HUNDRED FIFTY-SEVEN THOUSAND FIVE HUNDRED FORTY-THREE Dollars ($ 2,157,543.00 ) 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 The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications' accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specif ications. IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety herein named on the 22ND day of NOVEMBER 19 99, 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. PRINCIIPPAALj/ SJJD PARTNERS, LTD. , A CALIFORNIA L v MITEp PARTNERSHIP BY: 4PVED AS TO F R (NOTARIZATION AND SEAL) . DENHALTER, CITY ATTORNE SURETY FRONTIER PACI C INSURANCE COMPANY BY: D.J. PICARD, Attorney-in-Fact (NOTARIZATION AND SEAL) NOTE: Please Attach Acknowledgement and Power of Attorney 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 1 State of California ss. County of O On i 2 before me, J (1/KUB}— ✓ (�L�1 K Date Name itil of Officer(e-g., Jane Doe Notary 1.611c") 1 personally appeared (l Names)of Signer(s) opersonally known to me []_proved to me on the � l � eviUEnCe-- I to be the person whose nam�e�)a/� subscribed to the with' instrument and r; ( acknowledged to me that ie o/toy executed 1 ❑1 ,2 the same in s r/tr authorized capacity(ie and that bytr/th C f signature�on the instrument the person, or Y P P (,Y the entity upon behalf of which the erson s acted, executed the instrument. IT Ey4S my hand and icia eal. I, I Place Notary Seal Above Sighature of N tar,Publi OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: �&Yd zz/99Document Date: � Number of Pages: Signer(s) Other Than Named Above: �Jiq Capacity(ies) Clai��xed by Si ner �y J Signer's Name: f Lrl.l ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): Partner—❑ Limited C General Attorney in Fact "I ❑ Trustee ❑ Guardian ons'e�trvator (Q) ther: T�LL(�1T�O�'T� Signer Is Representing:�<� 7 W ill I F.�r J /1 ) "I i ©1997 National Notary Association•9350 De Soto Ave.,PO,Box 2402•Chatsworth,CA 91313-2402 rude.No.5907 Reorder.Call Toll-Free 1-800-876-6827 STATE OF CALIFORNIA ' CONTY OF ORANGE I SS. U On 11/22/99 before me,BEATA A. SENSI, NOTARY PUBLIC PERSONALLY APPEARED D. J. PICARD personally known to me to be the personO) whose name is/xm subscribed to the within instrument.and acknowl- edged to me that he/dNIZOV executed the same in his/ BEATAA. SENSI hlsf67C authorized capacity(ilfa), and that by his/I18d( COMM.Ntt3973g t� signature" on the instrument the persorom or the � NOTARv fKteuc-cALIFCRNytR GRANGE COUNTY 71 entity upon behalf of which the person0k) acted,executed t�CO"m• P APt 11,2001 the instrument. WITNESS my hand and official seal. Signature 5J.4n .5LDT This area for Oficial Nofarial Stat OPTIONAL 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 DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER BOND TITLE OR TYPE OF DOCUMENT TITLE($) ❑ PARTNER(S) ❑ LIMITED 2 ❑ GENERAL ® ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: 11/22/99 DATE OF DOCUMENT SIGNER IS REPRESENTING: N E OF PERSON(S)OR ENTRY(IES) _ FRONTIER PACIFIC INSURANCE COMPANY SIGNER(S)OTHER THAN NAMED ABOVE ID-NII Re .6/91 ALL-PURPOSE ACKNOWLEDGEMENT =RONTIER RACIFI INSURANCE COMPANY (A California Company) 4250 Executive Square,Suite 200,La Jolla,California 92037 POWER OF ATTORNEY A.¢uol0 All.Mell 1I1 (Zltcee 1jreecnts: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 o1 November,1991. "RESOLVED,that the Chairman of the Board,the President,or any Vice President be,and hereby is,authorized to appoint Attorneys-m- Fact to represent and act for and on behalf of the Company to execute bonds,undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business; "RESOLVED,that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond,undertaking,recognizance or other contract of indemnity or writing obligatory In the nature thereof; "RESOLVED,that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insertin such certification the date thereof,said date to be not later than the date of delivery thereof by such Attorney-in-Fact." This Power of Attorney is signed and sealed in facsimile underf(nVdDhvUthe aythpfilv. Re of the above sIIluf UD DOES HEREBY MAKE,CONSTITUTE AND APPOINT: CATHYS. KKENNN71EIDY BEATA A. SENSI of Orange ,in the State of California its true and lawful Attorney(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 bylaw allowed; IN AN AMOUNT NOT TO EXCEED THREE MILLION FIVE HUNDRED THOUSAND($3,500,000.00)DOLLARS;and to bind FRONTIER PACIFIC INSURANCE 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 Attorneys)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed, InWytititcos 4creef,FRONTIERPACIFICINSURqf�LCE COMPANYof aJ Ila, alifornia,has caused this Power ofAttorneytobesig%egbyits Vice President and its Corporate seal to be affixed this 14th day of S�eplem r 19 y FRONTIER PACIFIC INSURANCE COMPANY �INSyg1 4, ^. STATE OF CALIFORNIA) DAVID E.CAMPBELL,Vice President COUNTY OF SAN DIEGO) On Sept. 14, 1998 before me, Nydia Ortiz, personally appeared David E. Campbell, personally known to me or proved to me on the basis of satisfactory evidence to b e 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 N.ORTIZ _ Commission# 1192302 { Notary Public-California San Diego County My Conor.6gJires Aug 42002 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 22ND day of NOVEMBER 19j 44P 99 t. �:- a•o^''.�7 Joseph P.Loughlin,Secretary FM19-5002A-FP(12/96) """" . ._ w.taszs-rues-rom EVATO 32400 PASEO ADELANTO MEMBERS OF THE CITY COUNCIL SAM SAN JUAN CAPISTRANO,CA 92675I�{.R] ILiW� (949)4931171 /,(i DIANE ATHG (949)4931053 FAX jy 1P[0110fPiF1 DIANE BATHGATE tSIX10SXX0 I (96) WYATT HART www.sanjuancapistrano.org 1776 JOE SOTO DAVID M.SWERDLIN November 17, 2005 Clerk-Recorder's Office County of Orange P.O. Box 238 Santa Ana, California 92701 Re: Amendment to Improvement and Reimbursement Agreement (APN. 666- 301-01, 666-301-09, 675-361-01, 675-361-03, 675-361-04. 675-361-05, 675- 081-03, 675-081-04, 675-081-10 & 675-081-14 SENT VIA CERTIFIED MAIL The noted document is enclosed for recording: When placed of record, please return the recorded document to this office. Thank you for your assistance. / Very truly youry, raretnahan U.S. Postal ServiceT.m CERTIFIED MAIL,. RECEIPTNLn (Domestic Mail Only;No Insurance Coverage Provided) oucair, Senior Engineer -° rq 'i Postage $ ITl Certifietl Fee 0 C3 Return Receipt''Foo Pos"a* C (Endorsement Requlretl) Hera O Res[tictetl Delivery Fee Q- (ErWarsement Raeuiretl) M C3 Total Postage 8 Fees Ul C3To M1 Street,APR No.; T . ere Boz No. - CifJ'.SNIe.21f44 San Juan Capistrano: Preserving the Past to Enhance the Future �� Prml> ACORD CERTIFICA OF LIABILITY INSURMM CSR CX DATE(MM/DD/YYYY) SUNCALl 04/02/04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Rohm Insurance Agency HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 26 Plaza Square, Suite 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Orange CA 92866 Phone: 714-516-2960 Fax:714-516-2965 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Evanston Insurance Company INSURER B: Hartford Casualty IIIc. CO. SJD PARTNERS, LTD INSURER C: Hartford Fire Ins. Co aII 2392 Morse Avenue INSURER D: Ins Cc of the State of PA Irvine CA 92614 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED By PAID CLAIMS. LTR NER TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE MMID DATE M LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 A X COMMERCIAL GENERAL LIABILITY 03GLP1003817 12/05/03 12/05/04 PREMISES(Ea acarenw) E 50,000 CLAIMS MADE 7XOCCUR MED EXP(Any one Person) $ 5,000 PERSONAL$ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $ 1,000,000 POLICY X JEC F1 LOC AUTOMOBILE LABILITY COMBINED SINGLE LIMIT B X ANY AUTO 72UECKF4276 04/04/04 04/04/05 (Eaaddwt) $1,000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Pere rwn) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSIUM13RELLALABILITY EACH OCCURRENCE $ 5,000,000 D X OCCUR � CLAIMSMADE 42041265 01/29/04 12/05/04 AGGREGATE $ 5,000,000 E DEDUCTIBLE $ RETENTION E I $ WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS'LIABILITY ANY PROPRIETOP/PARTNEPJEXECUTIVE E.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE E Ifyes deacdbe under SPECIAL PROVISIONS belay E.L.DISEASE-POLICY LIMIT E OTHER C Instl Fltr Spec Fm 72UUMIL7295 02/11/04 02/11/05 $10mM MAX $lOMM OCCUR $1NM FLOOD LIMIT $100,000 DED FLOOD $5000. DED SPEC FORM DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS *EXCEPT 10 DAYS FOR NON PAYMENT OF PREMIUM CERTIFICATE HOLDER IS NAMED ADDITIONAL INSURED LIABILITY ONLY PER THE ATTACHED ENDORSEMENT. RE: PACIFIC POINT CERTIFICATE HOLDER CANCELLATION CAPISTR SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF SAN JUAN CAPISTRANO DATE THEREOF,THE ISSUING INSURER WILL&MQ A"^�L •30 DAYSWRTTTEN CAPISTRANO VALLEY MATER DIST NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ATTN: CRAIG HARRIS 32400 PASEO ADELANTO SAN JUAN CAPISTRANO CA 92675 REPRESENTATIVES. AUTHORR R NTAT`N,E 7J�J ACORD 25(2001/08) 19 ACORD CORPORATION 1988 A� MEMBERS OF-THE CITY-COUNCIL DIANETE J` JOHN S.. ELFFART TT 92400 PASEO ADELANTO JOE SOTART SAN JUAN CAPISTRANO,CA 92675 j�1(� mtlIP011tt1 JOE D M. (949)493.1171 tsuluSiH 4961 DAVID M.SWERDIIN (949)493-1053 FAx 1776 CITY MANAGER www.sanjuancapistrano.org DAVE ADAMS March 2, 2004 SJD Partners, LTD 5109 E. La Palma #D Anaheim, CA 92807 RE: Compliance with Insurance Requirements — Improvement/Reimbursement Agreement for Tract 15658/TTM 14196; water Facilities Agreement to Serve Tract 14196 The following insurance document is due to expire: ✓ Automobile Liability Certificate 04/04/2004 Please submit updated documentation to the City of San Juan Capistrano, attention City Clerk's office, 32400 aseo Adelanto, San Juan Capistrano, CA 92675 by the above j tion d e. If y have any questions, please contact me at (949) 443-6309. a ra ary cc: Sam Shoucair, Senior Engineer Dawn M. Schanded, Administrative Assistance San Juan Capistrano: Preserving the Past to Enhance the Future Ac-RmCERTIFICAT F LIABILITY INSURAN OP ID S DATE(MM/DDIYYYY) SUNCALI 12/08/03 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Rohm Insurance Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 Plaza Square, Suite 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Orange CA 92866 Phone: 714-516-2960 Fax:714-516-2965 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Evanston Insurance Company INSURER B: Hartford Casualty Ins. Co. SJD PARTNERS, LTD INSURER C. Hartford F're In Co an 2392 Morse Avenue INSURER D: Irvine CA 92614 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, LTR NSRrGENERAL INSURANCE POLICY NUMBER DATE MM/DD/YYyr E DATE MMIDDIYY LIMITS TY EACH OCCURRENCE1,000,000 A L GENERAL LIABILITY 03GLP1003817 12/05/03 12/05/04 pRE SESE occccorreence) $ 50,000 MADE �OCCUR MED EXP(Any one Person) $ 5,000 PERSONAL B ACV INJURY $ 1,000,000 GENERAL AGGREGATE $2,000,000 E LIMIT APPLIES PER. PRODUCTS-COMP/OP AGG $ 1,000,000 POLICY X JECT LOG AUTOMOBILE LIABILITY COMBINEDSINGLE LIMIT S11000,000 g ANY AUTO 72UECKF4276 04/04/03 04/04/04 (Eeaccident) ALL OWNED AUTOS BODILY INJURY $ X SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) �n il ll - PROPERTY DAMAGE �- I' I, (Per accident) $ GARAGE LIABILITY t�`�v 1 --"- AUTO ONLY-EA ACCIDENT $ ANY AUTO I I OTHER THAN EA ACC $ L AUTO ONLY. AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR F-1 CLAIMS MADE AGGREGATE $ PUBLIC WORK $ DEDUCTIBLE ---_.� $ RETENTION 8 IAIU $ WORKERS COMPENSATION AND TORYLIMITS I I ER EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNERIEXECUTNE F.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED' EL DISEASE-EA EMPLOYEE $ Um descnbe under SPECIAL PROVISIONS below E.I.DISEASE-POLICY LIMIT $ OTHER C Instl Fltr Spec Fm 72UUMIL7295 02/11/03 02/11/04 $10MM MAX $10MM OCCUR $IMM FLOOD LIMIT $100,000 DED FLOOD $5000 DED SPEC FORM DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS *EXCEPT 10 DAYS FOR NON PAYMENT OF PREMIUM CERTIFICATE HOLDER IS NAMED ADDITIONAL INSURED LIABILITY ONLY PER THE ATTACHED ENDORSEMENT. RE: PACIFIC POINT CERTIFICATE HOLDER CANCELLATION CAPI STR SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF SAN JUAN CAPISTRANO DATE THEREOF,THE ISSUING INSURER WILL EIRE WBR FIS h AIL *30 DAYSWRITTEN CAPISTRANO VALLEY WATER DIST NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ATTN: CRAIG HARRIS 32400 PASEO ADELANTO R SAN JUAN CAPISTRANO CA 92675 {1FIY1F9EIITkl11EB AUTHO DREP ESENTATIVVE, ACORD 25(2001/08) 1 /ql( &1 ©ACORD CORPORATION 1 INSURED: SJD Partners, LTD 12/5/03 INSURANCE COMPANY: Evanston Insurance Company POLICY NUMBER: 03GLP1003817 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERGAE PART SCHEDULE Name of Person or Organization: AS PER WRITTEN CONTRACT (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) WHO IS AN INSURED(Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work" for that insured by or for you. "Insureds are advised that certificates of insurance should be used only to provide evidence of insurance in lieu of an actual copy of the applicable insurance policy. Certificates should not be used to amend, expand, or otherwise alter the terms of the actual policy." ICO2490501 SP - + CERTHOLDER COPY STATE P.O. BOX 807, SAN FRANCISCO,CA 94142-0807 COMPENSATION INSURANCE FUNDI CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 12-05-2003 GROUP: POLICY NUMBER: 1610210-2003 CERTIFICATE ID: 82 CERTIFICATE EXPIRES: 12-05-2004 12-05-2003/12-OS-2004 CITY OF SAN JUAN CAPISTRANO SP JOB: PACIFIC POINT CITY CLERKS OFFICE ATTN: DON SCHANTERL 32450 PASEO ADELANTO, SAN JUAN CAPISTRANO, CA 92675 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days' advance written notice to the employer. We will also give you 30 days' advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the polities listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance may be.issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, excWsions and conditions of such policies. AUTHORIZED..REPRESENTATIVE PRESIDENT EMPLOYER'S^ LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000.00 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICEEFFECTIVE 12-05-2003 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. N D o m w Cn C M 0 N 17 EMPLOYER - . LEGAL NAME SUNCAL COMPANIES C a C INC 51 9 E to PALMA AVE STE D LB/L - SUNCAL OAK UALLEY,LLC ANAHEIM;tA` 92807 11-17-2003 DOCUMENTTHIS �, , , • Jo • MEMBERS OF THE CITY COUNCIL V DIANE L.BATHGATE JOHN S.GELFF MATT HART O A\nD DM 32400 PASEO ADELANTO /��,(� SAN JUAN CAPISTRANO, CA 92675 L� I IIIIIIUIIIY DAVID M.SWERDLIN ISI1YItlYFY (949) 493-1177 1961 (949) 493-1053 (FAX) 1776 • • INTERIM QTY MANAGER 1v1vlv.sanj:Iancapistrano.org � VAMELAGIBSON November 4, 2003 SJD Partnership 5109 E. La Palma #D Anaheim, CA 92807 RE: Compliance with Insurance Requirements — Improvement(Reimbursement Agreement for Tract 15658/TTM 14196/Water Facilities Agreement to Serve Tract 14196 The following insurance documents are due to expire: ✓ General Liability Certificate 12/05/03 ✓ General Liability Endorsement Form naming the City of San Juan Capistrano as additional insured. ✓ Workers Compensation Certificate 12/05/03/ Please submit updated documentation to the City of San Juan Capistrano, attention City Clerk's office, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 by the above WriaGue yo ve any questions, please contact me at (949) 443-6309. Secretary cc: Craig Harris, Assistant Engineer Kathleen Springer, Management Analyst I Amy Amirani, Public Works Director Sam Shoucair, Senior Engineer Dawn Schanderl, Administrative Assistant San Juan Capistrano: Preserving the Past to Enhance the Future ACORD CERTIFICAT F LIABILITY INSURAN CSR cX °ATE(MMIDDIYYYY) SUNCALl 02/12/04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Rohm Insurance Agency HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 26 Plaza Square, Suite 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Orange CA 92866 Phone: 714-516-2960 Fax:714-516-2965 INSURERS AFFORDING COVERAGE NAIC# INSURED ERA: Evanston Insurance Company D 2 C E Q M � �u ERe: Hartford Casualty Ins. Co. SJD PARTNERS, LTD VC �Vj LS U 1 ER c: Hartford Fire Ins. Com an IrvineoCA 92614ue Iry ER D: Ins Co of the State of PA Tr, ERE: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW H E BEE ISSUED TO THE INSURED NAMEDABOVE F R THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OFA CONTIT971ESPEC TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY T E POLICIES DESSC�QQRR11 SUBJECT TO AL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAV BEEN REDUCED`F'�II CLAIMS. Ni PCymLIR TR NSR TYPE OF INSURANCE POLICY NUMBER DATEYMMIDDP DATE Wp YY N LIMBS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY 03GLP1003817 12/05/03 12/05/04 PREMISES(Ea mcurenm) $ 50,000 CLAIMS MADE [] OCCUR MED EXP(Any one Person) $ 51000 PERSONAL B ADV INJURY $ 1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $1,000,000 JESLOC POLICY X T AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT B ANY AUTO 72UECKF4276 04/04/03 04/04/04 (Ed accident) $ 1,000,000 ALL OWNED AUTOS ' i '' BODILY INJURY $ X SCHEDULED AUTOS (Per Person) X HIRED AUTOS BODILY INJURY $ X I NON-OWNED AUTOS i (Per accident) PROPERTY DAMAGE li (Peramident) $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT " $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY =OCCURRENCE $ 5,000,000 D X OCCUR C CLAIMSMADE 42041265 01/29/04 12/05/04 AGGREGATE $ 5,000,000 $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNEWEXECUTIVE E.L.EACH ACCIDENT $ OFFlCER/MEMBER EXCLUDED? E.L.DISEASEEAEMPLOYEE $ If es,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT I $ OTHER C � Instl Fltr Spec Fm 72UUMIL7295 02/11/041 02/11/05 $10NM MAX $10MM OCCUR $IMM FLOOD LIMIT $100,000 DED FLOOD $5000 DED SPEC FORM DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS *EXCEPT 10 DAYS FOR NON PAYMENT OF PREMIUM CERTIFICATE HOLDER IS NAMED ADDITIONAL INSURED LIABILITY ONLY PER THE ATTACHED ENDORSEMENT. RE: PACIFIC POINT CERTIFICATE HOLDER CANCELLATION CAPISTR SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF SAN JUAN CAPISTRANO DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL *30 DAYSWRri CAPISTRANO VALLEY WATER DIST NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURETO DO SO SHALL ATTN: CRAIG HARRIS IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR 32400 PASEO ADELANTO SAN JUAN CAPISTRANO CA 92675 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25(2001/08) ©ACORD CORPO ON 1988 AC-0-RA CERTIFICATE OF LIABILITY INSU C� OPID S DATE(MM/DD/YY) UNCALI 03/18/03 PRODUCER 1wTHIS CERTIFICATE IS IAS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Rohm Insurance Agency HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 26 Plaza Square, Suite 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Orange CA 92866 Phone: 714-516-2960 Fax:714-516-2965 INSURERS AFFORDING COVERAGE INSURED INSURER A: Evanston Insurance Company INSURER B: Hartford Casualty Ins. Co. SJD PARTNERS, LTD INSURER C: Hartford Fire Ins. Company 5109 E. La Palma Ave. , Ste D INSURERD. Anaheim CA 92807 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTHE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. It TIVE LTR TYPE OF INSURANCE POLICY NUMBER DATE MM/DDCTW DATE MhVDOm N LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY 02GLP1003817 12/05/02 12/05/03 FIRE DAMAGE(Any one fire) $ 50,000 � CLAIMS MADE IX-1 OCCUR MED EXP(Any one perm") f 5,000 PERSONAL B ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG 5110001000 POLICY X JECT PRO LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 51,000,000 13 ANYAUTO 72VHCXF4276 04/04/03 04/04/04 (Ea acddenp ALL OWNED AUTOS BODILY INJURY f X SCHEDULED AUTOS (Par perm") X HIREDAUTOS BODILY INJURY f X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT f ANYAUTO OTHERTHAN EA ACC $ AUTO ONLY: AGG $ EXOESS LIABILITY EACH OCCURRENCE f OCCUR CLAIMS MADE AGGREGATE f f DEDUCTIBLE f RETENTION 5 5 WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS'LiABILiTY E.L.EACH ACCIDENT f E.L.DISEASE-EA EMPLOYEE $ E.L.DISEASE-POLICY LIMIT 5 OTHER C Instl Fltr Spec Fm 72UGMIL7295 02/11/03 02/11/04 $10MM MAX $10MM OCCUR $IMM FLOOD LIMIT 1 $100,000 DED FLOOD $5000 DED SPEC FORM DESCRIPTION OF OPERATIONWLOCATIONS.VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS *EXCEPT 10 DAYS FOR NON PAYMENT OF PREMIUM CERTIFICATE HOLDER IS NAMED ADDITIONAL INSURED LIABILITY ONLY PER THE ATTACHED ENDORSEMENT. RE: PACIFIC POINT CERTIFICATE HOLDER Y I ADDITIONAL INSURED;INSURER LETTER:_ CANCELLATION / CAPISTR SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF SAN TUAN CAPISTRANOC DATE THEREOF,THE ISSUING INSURER WILL CNBBAV&R7CHBNL *30 DAYSWRITTEN CAPISTRANO VALLEY WATER DIST NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BNFF#IktlRE46BG6B81M11 ATTN: CRAIG HARRIS 32400 PASEO ADELANTO 1 AGENTS OR SAN JUAN CAPISTRANO CA 92675 N*AWAWAI AUTHORIZED REPRESENTATIVE ACORD 25S(7/97) ©ACORD CORPORATION 1988 INSURED: SJD Partners, LTD 12/5/02 INSURANCE COMPANY: Evanston Insurance Company POLICY NUMBER: 02GLPI003817 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERGAE PART SCHEDULE Name of Person or Organization: AS PER WRITTEN CONTRACT (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule,but only with respect to liability arising out of"your work" for that insured by or for you. "Insureds are advised that certificates of insurance should be used only to provide evidence of insurance in lieu of an actual copy of the applicable insurance policy. Certificates should not be used to amend, expand, or otherwise alter the terms of the actual policy." ICO2490501 S . CER-WTE HOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 COMPENSATION ' INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE DECEMBER 27, 2002 GROUP: POLICY NUMBER: 1610210-2002 CERTIFICATE ID: 156 CERTIFICATE EXPIRES: 12-05-2003 12-05-2002/12-05-2003 CITY OF SAN JUAN CAPISTRANO CAPISTRANO VALLEY WATER DISTRICT ATTN: CRAIG HARRIS - 32400 PASEO ADELANTO SAN JUAN CAPISTRANO CA 92675 RE: PACIFIC POINT This is to certify that we have issued a valid Worker's Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend,extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain,the insurance afforded by the policies described herein is subject to all the terms,exclusions, and conditions,of such policies. �1 - AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 12-05-2002 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER C W C INC DBA: SJD PARTNERS, LTD. 5109 E LA PALMA AVE STE D ANAHEIM CA 92807 SCIF 10265 fEPF-UI:80 1 ACORD . CERTIFICATqPF LIABILITY INSU F OP ID $ DATE(MWDDIVY) 3UNCALI 12/27/02 PRODUCER— "+jl THIS CERTIFICATE IS ISS AS A MATTER OF INFORMATION #R EM�l+�VISED ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Rohm Insurance Agency HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 26 Plaza Square, Suite 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Orange CA 92866 Phone: 714-516-2960 Fax:714-516-2965 INSURERS AFFORDING COVERAGE INSURED INSURER A: Evanston Insurance Company INSURER B: Hartford Casualty Ins. Co. SJD PARTNERS, LTD INSURER C: Hartford Fire Ina. Company 5109 E. La Palma Ave., Ste D INSURER D: Anaheim CA 92807 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER DATE MM/DD/YY DATE MCY 6 DDm N LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 A X COMMERCIAL GENERAL LIABILITY 02GLP1003817 12/05/02 12/05/03 FIRE DAMAGE(Any one fire) $ 50,000 CLAIMS MADE OCCUR MED EXP(Any one person) $ 51000 PERSONAL B ADV INJURY $ 1,000,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 1,000,000 POLICY X PRO LOC O- J AUTOMOBILE LIABILITY B ANY AUTO 72UECKF4276 04/04/02 04/04/03 COMBINED SINGLE LIMIT accident) $ 11000,000 CO ALL OWNED AUTOS BODILY INJURY $ X SCHEDULED AUTOS (Per Person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ S DEDUCTIBLE $ RETENTION $ $ WORMERS COMPENSATION AND I TORY I LIMITS I I ER EMPLOYERS'LL E.L.EACH ACCIDENT $ E.L.DISEASE-EA EMPLOYEE $ E.L.DISEASE-POLICY LIMIT E OTHER C Instl Fltr Spec Fm 72UUMIL7295 02/11/02 02/11/03 $10MM MAX $10MM OCCUR $IMM FLOOD LIMIT $100,000 DED FLOOD $5000 DED SPEC FORM DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLEVEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS *EXCEPT 10 DAYS FOR NON PAYMENT OF PREMIUM CERTIFICATE HOLDER IS NAMED ADDITIONAL INSURED LIABILITY ONLY PER THE ATTACHED ENDORSEMENT. RE: PACIFIC POINT CERTIFICATE HOLDER Y I ADDITIONAL INSURED;INSURER LETTER:_ CANCELLATION CAPISTR SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF SAN JUAN CAPISTRANO DATE THEREOF,THE ISSUING INSURER WILL INB1!RYOR1"1ML *30 DAYSWRIITEN CAPISTRANO VALLEY WATER DIST NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, L ATTN. CRAIG HARRIS 32400 PASEO ADELANTO ' SAN JUAN CAPISTRANO CA 92675 AUTHORIZED RVPRESENTATIVE ACORD 25S(7197) ©ACORD CORPORATION 1988 AC-0—RD- CERTIFICATq OF LIABILITY INSU CFs CSR CX DATE(MMIDWYY' UNCALl 02/11/03 PRODUCER ( THIS CERTIFICATE IS IS AS A MATTER OF INFORMATION �•/ ONLY AND CONFERS NO r HTS UPON THE CERTIFICATE Rohm Insurance Agency HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 26 Plaza Square, Suite 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Orange CA 92866 Phone: 714-516-2960 Fax:714-516-2965 INSURERS AFFORDING COVERAGE INSURED INSURER A: Evanston Insurance Company INSURERB: Hartford Casualty Ins. Co- SJD PARTNERS, LTD INSURER C: Hartford Fire Ins. Company 5109 E. La Palma Ave. , Ste DINSURER D' Anaheim CA 92807 NSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE POLICY NUMBER DATE MMIDD/YY Iff )ATEYMNVDDm N LIMBS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY 02GLP1003817 12/05/02 12/05/03 FIREDAMAGE(Anyorre nre) $ 50,000 CLAIMS MADE ❑X OCCUR MED EXP(Any one person) $ 51000 PERSONAL B ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 1,000,000 POLICY X PRO- LOC ECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 H ANYAUTO 72UECKF4276 04/04/02 04/04/03 (Ea accitleM) ALL OWNED AUTOS BODILY INJURY $ X SCHEDULEDAUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per ecodent) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR 71 CLAIMS MADE AGGREGATE $ 8 DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND I TORY LAIU- IMITS ER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ E.L.DISEASE-EA EMPLOYE b E.L.DISEASE-POLICY LIMIT $ OTHER C Instl Fltr Spec Fm 72UUMIL7295 02/11/03 02/11/04 $10MM MAX $10MM OCCUR $IMM FLOOD LIMIT $100,000 DED FLOOD $5000 DED SPEC FORM DESCRIPTION OF OPERATIONSILOCATIONSfVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS *EXCEPT 10 DAYS FOR NON PAYMENT OF PREMIUM CERTIFICATE HOLDER IS NAMED ADDITIONAL INSURED LIABILITY ONLY PER THE ATTACHED ENDORSEMENT. RE: PACIFIC POINT CERTIFICATE HOLDER Y ADDITIONAL INSURED;INSURER LETTER: CANCELLATION CAPISTR SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF SAN JUAN CAPISTRANO DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MNL *30 DAYS WRITTEN CAPISTRANO VALLEY WATER DIST NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL ATTN0 PASHO ADELANTO ANCRAIG HARRIS 3240IMPOSE NO OBLIGATION OR LIABILITY OF Y KIND UPON THE INSURER,ITS AGENTS OR 32400 SAN JUAN CAPISTRANO CA 92675 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25S(7/97) &&CORD CORPORATION 1988 ACORD CERTIFICAISOF LIABILITY INSU CF3 OPID S DATE(MWDDIYY) UNCALl 12/23/02 PRODUCER ' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Rohm Insurance Agency HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 26 Plaza+ Square, Suite 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Orange CA 92866 P12one: 714-516-2960 Fax:714-516-2965 INSURERS AFFORDING COVERAGE INSURED INSURER A: Evanston Insurance Company INSURER B: Hartford Casualty Ins. Co. SJD PARTNERS, LTD INSURER C: 5109 E. La Palma Ave. , Ste DINSURER D: Anaheim CA 92807 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. FULIGYEFFECTIV LTR TYPE OF INSURANCE POLICY NUMBER GATE MM/DD DATE MMIDD/YY RATION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY 02GLP1003817 12/05/02 12/05/03 FIREDAMAGE(Any one fine) $ 50,000 DLA:FJ$F.1ADE n,OCCUR MED EXP Any one person) I S 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $1,000,000 POLICY X PROECT LOC J AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 B ANY AUTO 72UECKF4276 04/04/02 04/04/03 (Ea accitlent) ALL OWNED AUTOS BODILY INJURY $ X SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accitlent) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION S $ Aly WORKERS COMPENSATION AND LIMITS ER TORY EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ E.L.DISEASE-EA EMPLOY EE S E.L.DISEASE-POLICY LIMIT $ OTHER C Instl Fltr Spec Fm 72UUMIL7295 02/11/02 02/11/03 $10MM MAX $10MM OCCUR $IMM FLOOD LIMIT $100,000 DED FLOOD $5000 DED SPEC FORM DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS *EXCEPT 10 DAYS FOR NON PAYMENT OF PREMIUM CERTIFICATE HOLDER IS NAMED ADDITIONAL INSURED LIABILITY ONLY PER THE ATTACHED ENDORSEMENT. RE: PACIFIC POINT CERTIFICATE HOLDER Y I ADDITIONAL INSURED:INSURER LETTER:_ CANCELLATION SAN:TDAN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF SAN JUAN CAPISTRANO DATE THEREOF,THE ISSUING INSURER WILL SNO9A=oTn MAIL *30 DAYSWRITTEN CITY CLERKS OFFICE NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT�6HALL ATTN: DON 3CHANTERL 32450 PASEO ADELANTO impose SAN JUAN CAPISTRANO CA 92675 RETREBBNTMWES. AUTHORIZED REPRESENTATIVE � ACORD 253(7197) ACORD CORPORATION 1988 INSURED: SJD Partners,LTD 12/5/02 INSURANCE COMPANY: Evanston Insurance Company POLICY NUMBER: 02GLP1003817 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERGAE PART SCHEDULE Name of Person or Organization: AS PER WRITTEN CONTRACT (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) WHO IS AN INSURED (Section II)is amended to include as an insured the person or organization shown in the Schedule,but only with respect to liability arising out of"your work" for that insured by or for you. "Insureds are advised that certificates of insurance should be used only to provide evidence of insurance in lieu of an actual copy of the applicable insurance policy. Certificates should not be used to amend, expand, or otherwise alter the terms of the actual policy." ICO2490501 lU u/ LUUe rv.GO rnn �iv e1V �aoo awaaua auuau,....,.. ..o..• w —. - • CEOCATE HOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE DECEMBER 27, 2002 GROUP: POLICY NUMBER: 1610210-2002 CERTIFICATE ID: 156 CERTIFICATE EXPIRES: 12-05-2003 12-05-2002/12-05-2003 CITY OF SAN JUAN CAPISTRANO CAPTSTRANO VALLEY WATER DISTRICT ATTN: CRAIG HARRIS 32400 PASEO ADELANPO SAN JUAN CAPISTRANO CA 92675 RE_ PACIFIC POINT This is to certify that we have issued a valid Workers Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an Insurance policy and does not amend,extend or alter the coverage afforded by the policies listed herein_Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate of insurance may be Issued or may pertain,the Insurance afforded by the policies described herein is subject to all the terms,exclusions,and conditions,of such policies7 70- _ Q—i u ADTRORRED REPRE66NYATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1, 000,000 PER OCCURRENCE ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 12-05-2002 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER C W C INC DBA: SJD PARTNERS, LTD. 5109 E LA PALMA AVE STE D ANAHEIM CA 92907 SCIF 10265 renr W.�,. • OTHOLDER COPY SP STATE P.O. BOX 807, SAN FRANCISCO,CA 94142-0807 COMPENSATION i N S U R A N C IS FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 12-05-2001 GROUP: POLICY NUMBER: 1810210-2002 CERTIFICATE ID: 92 CERTIFICATE EXPIRES: 12-05-2003 12-05-2002/12-05-2003 CITY OF SAN JUAN CAPISTRANO UOB: PACIFIC POINT CITY CLERKS OFFICE ATTN: DON SCHANTERL 32450 PASEO ADELANTO, SAN JUAN CAPISTRANO, CA 92675 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days' advance written notice to the employer. We will also give you 30 days' advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance may issued or may pertain, the Insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000.00 PER OCCURRENCE. ENDORSEMENT X2085 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 12-05-2002 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. - - EMPLOYER CWC INC 5109 E LA PALMA AVE STE D ANAHEIM CA 92807 THIS DOCUMENT HAS A BLUE PATTERNED BACKGROUND SCIF 10265(REV 2 01) PRI P 4 8 /04 ACORD CERTIFICA'W OF LIABILITY INSU NCF3 CSR CK DATE(MWDD /YY) UNCALl 04/04/02 PROP UCER THIS CERTIFICATE ISI SUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Rohm Insurance Agency HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 26 Plaza quare, Suite 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. OrarTe CA 92866 / Phone: 714-516-2960 Fax:714-516-2965 INSURERS AFFORDING COVERAGE (va>'(Cc INSURED INSURER A: Evanston Insurance Com any INSURER B: Ins. Co. of the State of PA SJD PARTNERS, LTD I INSURER C: Hartford Casualty Ins. Co. 5109 E. La Palma Ave. , Ste D INSURERO: State Compensation Ins. Fund Anaheim CA 92807 'SURER E' COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING 3 r ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR �p MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF 'BCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ,�O _ C= IN R rypE OF INSURANCE POLICY NUMBER P LI Y EF EC IVE POLI EXPIRATION — LTR DATE MM/ODIYY DATE MM/DD/YY - -'''ERIRS rn GENERAL LIABILITY EACH OCCURRENCE — $140 ,000 _ A X COMMERCIAL GENERAL LIABILITY OIGLP1003817 12/05/01 12/05/02 RREDAMAGEJny-oTeen) N 90,000 CLAIMS MADE X OCCUR MED EXP(Any pD(LIT0) cII;,OOO PERSONAL&ATIV INJURY €&A'000'000 3�5},000,000 ® GENERAL AGGREGATE ,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGO TY,000,000 POLICY X PRO LOC JECT AUTOMOBILE LABILT-Y C ANY AUTO 72UHCKF4276 04/04/02 04/04/03 COMBINEDaccident) GLE LIMIT $ 1,000,000 CO dent) ALL OWNED AUTOS BODILY INJURY $ X SCHEDULED AUTOS / (Per person) X HIRED AUTOS V BODILY INJURY $ X NON-OWNED AUTOS / (Per accident) 1/ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE s5,000,000 B X OCCUR CLAIMS MADE 4201-8667 12/05/01 12/05/02 AGGREGATE $ 5,000,000 DEDUCTIBLE $ RETENTION $ _ $ WORKERS COMPENSATION ANDX TORY LIMITS ER EMPLOYERS'LIABILITY D 161021001 12/05/0 12/05/02 C.L. - CHIACCOENT 1 $ 1,000, 000 EC DISEASE-EA EMPLOYEE $ 1,000,000 E.L.DISEASE-POLICY LIMIT 1$ 1,000,000 OTHER C Instl Fltr Spec Fm 72LTUMIL7295 02/11/02 02/11/03 $10MM MAX $10MM OCCUR $IMM FLOOD LIMIT $100,000 DED FLOOD $5000 DED SPEC FORM DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS *EXCEPT 10 DAYS FOR NON PAYMENT OF PREMIUM CERTIFICATE HOLDER IS NAMED ADDITIONAL INSURED LIABILITY ONLY PER THE ATTACHED ENDORSEMENT. RE: PACIFIC POINT CERTIFICATE HOLDER Y I ADDITIONAL INSURED;INSURER LETTER:_ CANCELLATION SANJUAN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF SAN JUAN CAPISTRANO DATE THEREOF,THE ISSUING INSURER WILL%NBGWQR5 1_ *30 DAYSWRO'TEN CITY CLERKS OFFICE NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,SIR FNEURE Te 515 Be SHAIlit. ATTN: DON SCHANrERL 32450 PASEO ADELANTO ' SAN JUAN CAPISTRANO CA 92675 AUTHOR E R ENTATIVE ACORD 25-S(7/97) ©ACORD CORPORATION 1988 Ac v CERTIFIC OF LIABILITY INSU NCk SAL IX On04/04/0 UNCALl 04/04/02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Rohm Insurance Agency HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 26 Plaza Square, Suite 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Orange ^_A 92866 Phone: 714-516-2960 Fax:714-516-2965 INSURERS AFFORDING COVERAGE INSURED INSURER A: Evanston Insurance Company INSURER B: Ins. Co. of the State of PA SJD PARTNERS, LTD INSURER C: Hartford Casualty Ins. Co. 5109 E. La Palma Ave. , Ste D INSURER D: State Compensation Ins. Fund Anaheim CA 92807 NSURER E: COVERAGES YHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE POLICY NUMBER DATE MRLF/OD/CYV POLICY EXPIRATION LIMBS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL(=FNEPAL LIABILITY 01GLP100?1317 12/05/01 12/05/02 FIRE DAMAGE IA-,cne f,c) S 50,000 CLAIMS MADE OCCUR MED EXP(Any one Person) $ 5,000 PERSONAL B ADV INJURY S1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 1,000,000 POLICY X PROECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S 1,000,000 C ANYAUTO 72UECRF4276 04/04/02 04/04/03 (Ea accident) ALL OWNED AUTOS BODILY INJURY $ X SCHEDULED AUTOS (Perr person) X HIREDAUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Peraccident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANYAUTO OTHER THAN EA ACC $ AUTO ONLY: AGO $ EXCESS LIABILITY EACH OCCURRENCE $ 5,000,000 B X OCCUR CLAIMS MADE 4201-8667 12/05/01 12/05/02 AGGREGATE $ 5,000,000 S DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND X I TORY LIU IMITS D ER EMPLOVERS'LIABILITY 161021001 12/05/01 12/05/02 EL EACH ACCIDENTL$S ,000,000 E.L.DISEASE•EA EMPLOYEE ,00 10,000 E.L.DISEASE,POLICY LIMIT 1 $ 1,000,000 OTHER C Instl Fltr Spec Fm 72LTUMIL7295 02/11/02 02/11/03 $10MM MAX $10MM OCCUR $IMM FLOOD LIMIT 1 $100,000 DED FLOOD $5000 DED SPEC FORM DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECUIL PROVISIONS *EXCEPT 10 DAYS FOR NON PAYMENT OF PREMIUM CERTIFICATE HOLDER IS NAMED ADDITIONAL INSURED GENERAL LIABILITY ONLY PER THE ATTACHED ENDORSEMENT. RE: TRACT 14196 (PACIFIC POINT) CERTIFICATE HOLDER Y I ADDITIONAL INSURED;INSURER LETTER:_ CANCELLATION CAPISTR SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL WpWIGR3Q,MA1L *30 DAYS WRITTEN CAPISTRANO VALLEY WATER NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, DISTRICT 32450 PASEO ADELANTO SAN JUAN CAPISTRANO CA 92675 jlil:RiSiA1TAT1lG$ AU] ED REP ESENTA7NE ACORD 25S(7197) •`V//ALZ ACORD CORPORATION 1998 04/24/2002 15:00 FAX 714 518 2885 ROHM Insurance Agency I0002 R� CERTIFI&W OF LIABILITY INSt DNCALl '02 PRODUCER -THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Rabat Insurance Agency HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 26 Plaza Square, Suite 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Orange CA 92866 INSURERS AFFORDING COVERAGE Phone: 714-516-2960 Pax1714-516-2965 INSURED INSURERA: Evanston Insurance Company INSURERS: Tns. Co. Of the State of PA SJD PARTNERS, LTD INSURER C, Hartford Casualty Ins. Co. 5109 $, La Palma Ave., Eta D Anaheim CA 92807 INSURER D: State CoiBpeasation Ins. Fuad INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN 133UED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERMORCONWMM OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE PERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAMS. ': R TYPE OF INSURANCE POUCT NUMBER DALW MINDDIW GATE MW UNITS GENERAL LIABILITY EACH OCCURRENCE $1,000.000 A X COMMERCW GENERALUASILITY 01(3LP1003617 12/05/01 12/05/02 FIRE DAMAGE ImIrme em) S 5D,000 CLAIMS MADE ®OCCUR MED EXP pn axpe,Ten) S 5,000 PERSONAL AAOY INJURY 31,000,000 GENERAL AGGREGATE 92,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: FRDDUCTS-COMMPAGO $ 1,000,50 POLIOY X Na LOC AUTOMOBILE UARILMTY COMBINED SINGLE LIMIT C ANYAJITO 720ECXF4276 04/04/02 04/04/03 (1.RalEenO 91,000,000 ALL OWNED AUTOS BODILY INJURY S X SCHEDULEDAUTOS IPS.peiP^) X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (PwamdeAI) S PROPERTY DAMAGE $ (Pe,MWBM1) GARArSUPBR.ITV AOTO ONLY-EA ACCIDENT S ANYAUTD OTHERIHAN EA ACC S AUTO ONLY; AGO 6 EXCE33 LJANUTY EACH OCCURRENCE 55,000,000 H X OCCUR F-1ouIMs MADE 4201-8667 12/05/01 12/05/02 AGGREGATE s5,000,000 S DEDUCTIBLE S RETENTION 5 6 WORKERS COMPENSATION AND Y TORY LIMR3 ER D EMPLOYERS'LIABEJTY 161021001 12/05/01 12/05/02 E.L.EACH ACCIDENT 51,000 000 E.A.DISEASE,EA EMPLOYEE 51,0001000 E.L.DISEASE-POLICY LINT 161,000,000 OTHER C Iustl Fltr Spec Fm 72UUNIL7295 02/11/02 02/11/03 $10MM MAX $10MM OCCUR $1MM FLOOD LIMIT $100,000 DSD FLOOD 5000 DED SPEC FORM DESCRIPTION OP OPEMT10N91LOCATNNISNENLCLE3IEKGLBSK7NSADDED BY ENDONSEMENFI3PEOML PROVLSKNS *EXCEPT 10 DAYS FOR NON PAYMENT OF PREMIUM CERTIFICATE HOLDER IE NAMED ADDITIONAL INSURED LIABILITY ONLY PER THE ATTACHED ENDORSEMENT. RE: PACIFIC POINT CERTIFICATE HOLDER Y I ADDITIONAL Ri3UREo-INSURER LETTER_ CANCELLATION SANJUAN 9NDULDANYOFTHEABOVEDESCRI°EOPOLICIMSECANCELLECOEro TNEEXF IAN CITY OF SAN JUAN CAPISTRANO DATE THEREOF.THE" LONG NSURERWILL INafiAW ILT04AAll *30 DAYSWRRTEN CITY CLERICS OFFICE NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.OI1FFAatlRETQBpBB�i1MK ATTNI DON SCHANTERL IMPOSE Goat 11"a'ARIEVALWMPAM106"III INIONIN ma 32450 PASEO ADELANTO SAN JOAN CAPISTRANO CA 92675 AUTHO A ENTATIVE ACORD 2"(7197) CACORD CORPORATION 1988 04/24/2002 15:00 FAX 714 516 2905 ROHM Insurance Agency IA009 INSURED; SJD Partners,LTD 12/5/01 INSURANCE COMPANY: Evanston Insurance Company POLICY NUMBER: Ol GLP1003817 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERGAE PART SCHEDULE Name of Person or Organization: AS PER WRIT'T'EN CONTRACT (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule,but only with respect to liability arising out of"your work" for that insured by or for you. "Insureds are advised that certificates of insurance should be used only to provide evidence of insurance in lieu of an actual copy of the applicable insurance policy. Certificates should not be used to amend,expand,or otherwise alter the terms of the actual policy." ICO2490501 ACORD CERTIFICAT F LIABILITY INSU C� OPID S DATE(MM DD YY) IINCALI 12/11/01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Rohnc Insutance Agency HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 2C Plaza Square, Suite 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. OraLnge Ch 92866 Phone: 714-516-2960 Fax:714-516-2965 INSURERS AFFORDING COVERAGE INSURED INSURER A: Evanston Insurance Company INSURERS: Ins. Co. of the State of PA S'JO PARTNERS, LTD INSURER C: Hartford Casualty Ins. Co. 5109 E. La Palma Ave. , Ste D INSURER O: State Compensation Ins- Fund Anaheim CA 92807 NSURER E: COVERAGES /,'_'/ ' II ( , 4- -(C- THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERiob INDICA ED.NOTWITHSTANDIN [—/,.c- � L ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR 1'\ I*"'(L MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH,.-� I L4 1 POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IiIII 'NSR�LTR TYPE OFINSURANCE POLICY NUMBER DATE MMIDDM% DATE MWDD/YY LIMITS IN GENERAL LIABILITY EACH OCCURRENCEa 1,000,000 A X OOMMERCIAL GENERAL LIABILITY 01GLP1003817 12/05/01 12/05/02 FIRE DAMAGE(Anyone fire) $ 50,000 CLAIMSMADE X OCCUR MED EXP(Any one person) $ 5,000 PERSONAL S ADV INJURY $ 1,000,000 GENERAL AGGREGATE a 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGO a 1,000,000 POLICY K PROOT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 C X ANvnurO 72VHCKF4276 04/04/01 04/04/02 (Ea accident)ident)itlenU ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per acatlent) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ 5,000,000 B X OCCUR CLAIMS MADE 4201-8667 12/05/01 12/05/02 AGGREGATE $ 5,000,000 a DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND X TORY LIMITS ER D EMPLOYERS'LIABILITY 161021001 12/05/01 12/051/02 E.L.EACH ACCIDENT $ 1,000,000 F.L.DISEASF-FA FMPI OYEF $ 3.,000,000 E.L.DISEASE-POLICY LIMIT $ 1,000,000 OTHER C Instl Fltr Spec Fm 72UUMIL7295 02/11/01 02/11/02 $10MM MAX $10MM OCCUR $1MM FLOOD LIMIT $50,000 DED FLOOD $5000 DED SPEC FORM DESCRIPTION OF OPERATIONSILOCATIONSN RCLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECUIL PROVISIONS *EXCEPT 10 DAYS FOR NON PAYMENT OF PREMIUM CERTIFICATE HOLDER IS NAMED ADDITIONAL INSURED LIABILITY ONLY PER THE ATTACHED ENDORSEMENT. RE: PACIFIC POINT O C= CERTIFICATE HOLDER Y I ADDITIONAL INSURED;INSURER LETTER:_ CANCELLATION i• � m SANJUAN SHOULD ANY OF THE ABOVE DESCRIBED POLICIESfiEIIANCELLE OR E EXPIRATION CITY OF SAN JUAN CAPISTRANO DATE THEREOF,THE ISSUING INSURER WILL ENBENI�{IFB�WLQm YS WRITTEN CITY CLERKS OFFICE NOTICE TO THE CERTIFICATE HOLDER NAMED TLt,THi,B un=. en nn en eHAi, ATTN: DON SCHANTERL 32450 PASEO ADELANTO I^IEOS=s!n na TOaLl1 ^^e QTY OE^ ^9:"S�•' =, ^Sties=OR SAN JUAN CAPISTRANO CA 92675 ------alrnnuss O AUTHORIZED REPRESENTATIVE ACORD 25-S(7197) V ©ACORD CORPORATION 1988 INSURED: SJD Partners, LTD 12/5/01 'INSURANCE COMPANY: Evanston Insurance Company POLICY NUMBER: OIGLP1003817 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERGAE PART SCHEDULE Name of Person or Organization: AS PER WRITTEN CONTRACT (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule,but only with respect to liability arising out of"your work" for that insured by or for you. "Insureds are advised that certificates of insurance should be used only to provide evidence of insurance in lieu of an actual copy of the applicable insurance policy. Certificates should not be used to amend, expand, or otherwise alter the terms of the actual policy." ICO2490501 ACOPD CERTIFICAT F LIABILITY INSU C� OP ID S DATE(MM/DD/YY) UNCALl 12/11/01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Rohm Tngutance Agency HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 26 Plaza Square, Suite 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Orange CA 92866 Phone: 7i4-516-2960 Fax:714-516-2965 INSURERS AFFORDING COVERAGE INSURED INSURER A: Evanston Insurance Company INSURER B: SJD PARTNERS, LTD. INSURER C:: 5109 E. La Palma Ave. , Ste D INSURER D' Anaheim CA 92807 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE POLICY NUMBER DATE MM/DD/YY DATEYMMIDD LIMITS GENERAL LIABR.TTY EACH OCCURRENCE $1,000,000 A X COMMERCIAL GENERAL LIABILITY 01GLP1003817 12/05/01 12/05/02 FIRE DAMAGE(Anyone fire) $ 50,000 CLAIMS MADE OCCUR MED EXP(Any one person) PERSONAL B ADV INJURY 51,000,000 GENERALAGGREGATE E 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS COMP/OP AGO $ 1,000,000 POLICY X PRO- LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY smid nt) $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per axldentj GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EAACC $ AUTO ONLY: AGO $ E%CVSS LIABILITY EACH OCCURRENCE $ OCCUR ❑ CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND TORY LIMITSER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ E.L.CI^uFASC-EA EMPLOVCE $ E.L.DISEASE-POLICYLIMIT $ OTHER O M n c DESCRIPTION OF OPERATIONS/LOCATIONSfVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS *EXCEPT 10 DAYS FOR NON PAYMENT OF PREMIUMo SUBSIDENCE COVERAGE IS NOT EXCLUDED UNDER THIS LIABILITY POLICY -- - 7 T^ wm x Lo v CERTIFICATE HOLDER N ADDITIONAL INSURED;INSURER LETTER: CANCELLATION SANJDAN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL CWQfiAVne Tn MAIL *30 DAYSWRITTEN CITY OF SAN JUAN CAPISTRANO NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,WZ PAL URF TO DD Q H.AL L 32400 PASEO ADELANTO I SAN JUAN CAPISTRANO CA 92675 R"RSSKM T°"" AUTHORIZED REPRESENTATIVE ACORD 25S(7/97) ©ACORD CORPORATION 1988 • � SP STATE P.O. BOX 807, SAN FRANCISCO,CA 94101-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE POLICY NUMBER: 1610210 - O1 ISSUE DATE? 12-05-01 CERTIFICATE EXPIRES: 12-05-02 CITY OF SAN JUAN CAPISTRANO JOB: PACIFIC POINT CITY CLERKS OFFICE ATTN: DON SCHANTERL 32450 PASEO ADELANTO, SAN JUAN CAPISTRANO, CA 92675 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30days' advance written notice to the employer. We will also give you 30 days' advance notice should this policy be cancelled prior to its normal expiration, This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein, Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. PRESIDENT EMPLOYER'$ LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000.00 PER OCCURRENCE. ENDORSEMENT #2055 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 12/05/01 IS ATTACHED TO AND -FORMS A PART Of THIS POLICY. z� 4 n w O n EMPLOYER LEGAL NAME $UNCAL COMPANIES C W C INC 5106 E LA PALMA AVE:STE D . ANAHEIM CA 92807 --. - 11-20-01 PRINTED: P0_408 THIS DOCUMENT HAS A BLUE PATTERNED BACKGROUND SCIF 10265(REV 2 01) 32400 PASEO ADELANTO MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO, CA 92675 ' DIANE L.BATHGATE (949) 493-1171 A N S.GELFF IIa,Ipla CO'LLENE CAMPBELL (9441) 493-1053 (FAX) 177E WATT HART www.sanjuancapistrano.org '� a DAVID M.SWERDLIN CITY MANAGER GEORGE SCARBOROUGH November 27, 2001 SECOND REQUEST 12- ! I Z L o l SJD Partners, LTD djyy� 5109 E. La Palma Avenue, Suite D -V-g(Q-0 Anaheim, California 92807 RE: Compliance with Insurance Reguirements - Improvement/Reimbursement Agreement for Tract 15658/TTM 14196;Water Facilities Agreement to Serve Tract 14196 r�he following insurance documents are due to expire: Y General Liability Certificate 12/5 Please name the City and 11 ater Dis ict as certificate holders V General Liability Endorsemetanaming the City of San Juan Capistrano as well as the Capistrano Vak-y Waller District as additional insured. Please submit updated documentation to the City of San Juan Capistrano, attention City Clerk's office, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 by the above expiration dates. If you have any questions, please contact me at (949) 443-6310. Sincerely, Dawn k\,1. Schanderl CepiAy Ci y Clerk -- cc Sain Shoucair V T 4 STATIE I' < P.O. BOX 420807,SAN FRANCISCO,CA 94142.0807 AI INSUANC Apo � ��D � CERTIFICATE 01 .WORKiwW COMPEI!ISATION INSURANCE DECEMBER 8, 200 POLICYNUMSER; 1610210 - 00 CERTIFICATE EXPIRES: 12'5`01 r CITY OF SAN JUAN CAAISTRANU' CIti� CLERKS OFFICE ATTMI. " DON'SCHANTOL 324!50 PASBO. ADELANTO, SAN<dtfAN CAPISTRAMO " CA 92675 JOB: PACIFIC POINT L This is to uerfify that we have issued a valid Workers'Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. _ This policy is not subject to cancellation by the Fund except upon taVdays'advance written notice to the employer. t<, XX Wewil)alto give you days'advance notice strould this policy be cancelled prior to its normal expiration.. XX This certificate of insurance is n6tan:Insurance policy and does'not amend, extend or after the Coverage afforded by the policies'listed herein: Notwithstanding any requirement, term, or condition of any contract.or other document with respect.`,td wiliotr this cartifidate of-insurance may,'be issued or may pertain, the insurance affordedby the policies described herein is subject to ali the terms,_exetusions and conditions of such policies. / i- - JL AUTHORIZED REPRESENTATIVE .PRESIDENT. EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 12/08100 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER C W C INC. DBA: SJD PARTNERS, LTD. 5109 E. LA PALMA AVENUE STE. D ANAHEIM, CA 92807 L Q.,. THIS DOCUMENT HAS A BLUE PATTERNED : • I - Da�RD CERTIFICA6 OF LIABILITY INSU C uCALR1 04/02/01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Rohm Insurance Agency HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 26 Plaza Square, Suite 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Orange CA 92866 Phone: 714-516-2960 Fax:714-516-2965 INSURERS AFFORDING COVERAGE INSURED INSURERA: Evanston Insurance Company INSURER B: Ins. CO. Of the State Of PA SJD PARTNERS, LTD INSURER C: Hartford Casualty Ins. Co. 5109 E. La Palma Ave. , Ste D INSURER D: Anaheim CA 92807 INSURER E: COVERAGES I THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN RTYPE OF INSURANCE POLICY NUMBER P L ( EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE MM/DD/YY DATE MMIDDM' GENERAL LIABILITY EACH OCCURRENCE $1,000,000 A X COMMERCIAL GENERAL LIABILITY OOGLP1003817 12/05/00 12/05/01 FIRE DAMAGE(Anyone fire) $ 50,000 CLAIMS MADE OCCUR MED EXP(Any one penin) $EXCLUDED PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE s2,0001000 L 7 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $1,000,000 POLICY FX JECT LQQ AUTOMOBILE LIABILITY COMBINED SINGLE LIMB E1,000,000 * X ANY AUTO 72UECK74276 04/04/01 04/04/02 (Ea eccitlenl) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per pew) HIREDAUTOS BODILYINJURY $ NON-OWNEDAUTOS (Per acdtlenq PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $10,000,000 $ X OCCUR CLAIMS MADE 42007504 12/05/00 12/05/01 AGGREGATE $ 10,000,000 S DEDUCTIBLE $ RETENTION E is WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS'LIABILITY E.L. (DENT S E.L. MPLOVEE $ MIT E OTHER qA �o DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS *EXCEPT 10 DAYS FOR NON PAYMENT OF PREMIUM CERTIFICATE HOLDER IS NAMED ADDITIONAL INSURED GENERAL LIABILITY O PE <90QJ THE ATTACHED ENDORSEMENT. RE: TRACT 14196 (PACIFIC POINT) CERTIFICATE HOLDER Y I ADDITIONAL INSURED;INSURER LETTER: CANCELLATION CAPISTR SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED ORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL&NQ&AVQRSPMAIL *30 DAYS WRITTEN CAPISTRANO VALLEY WATER NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, DISTRICT 32450 PASEO ADELANTO IM OR SAN JUAN CAPISTRANO CA 92675 RCPR ¢ NF¢ NF F—�TATIV—�¢. ACORD 25-S(7197) ®ACORD CORPORATION 1988 A ORo CERTIFIC4 OF LIABILITY IN:SU1� CEs�AL1 D�Zioe 99 PRODUCER THIS CERTIFICATE IS LIED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Rohm Insurance Agency HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 131 No. Glassell, Suite 300 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Orange CA 92866 COMPANIES AFFORDING COVERAGE COMPANY Phone No. 714-516-2960 Fax No. 714-516-2965 A Evanston Insurance Company INSURED r. COMPANY B Ins. Co. of the State of PA COMPANY SJD PARTNERS, LTD , C Hartf d Insurance Company 5109 E. La Palma Ave. , Ste 'D COMPANY Anaheim CA 92807 -,%m, ' t ; FO ompensation f-^ C(1VERAGE5 :: :< THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DDIM DATE(MM/DDM) GENERAL LIABILITY GENERAL AGGREGATE $2,000,000 A $ COMMERCULL GENERALLIABILITY 99GLP1003817 - 12/05/99 12/05/00 PRODUCTS-COMP/OP AGG $1,000,000 CLAIMS MADE [i]OCCUR PERSONAL B ADV INJURY $ 1,000,000 OWNERS6CONTRACTORS PROT EACH OCCURRENCE $1,000,000 FIRE DAMAGE(my ane fire) $ 50,000 MED EXP(Any one Persson) S EXCLUDED AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 C X ANY AUTO 72UECKF4276 04/04/99 04/04/00 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per Penson) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per a=idwt) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ... .... ... ........... . . . ANY AUTO OTHER THAN AUTO ONLY: .......... ..... EACH ACCIDENT S AGGREGATE 1$ EXCESS LIABILITY EACH OCCURRENCE 510,000,000 13 X UMBRELLA FORM 42996650 12/05/99 12/05/00 AGGREGATE $10,000,000 OTHER THAN UMBRELLA FORM S WORKERS COMPENSATION AND X I TORSY LA - OTR EMPLOYERS'LIABILITY EL EACH ACCIDENT S1,000,000 D THE PROPRIETOR/ INCL WN9985296301 12/05/99 12/05/00 EL DISEASE-POLICY LIMIT 51,000,000 PARTNERS/EXECUTIVE OFFICERS ARE: X EXCL EL DISEASE-EA EMPLOYEE $1,000,000 OTHER OESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS *EXCEPT 10 DAYS FOR NON PAYMENT OF PREMIUM CERTIFICATE HOLDER IS NAMED ADDITIONAL INSURED LIABILITY ONLY PER THE ATTACHED ENDORSEMENT. RE: PACIFIC POINT CERTIFICATE HOLDER - CANCELLATION SANJUAN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF SAN JUAN CAPISTRANO EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL EHBFTYBR"MAIL CITY CLERKS OFFICE *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ATTN: DON SCHANTERL 32450 PASEO ADELANTO SAN JOAN CAPISTRANO CA 92675 AUTHORI% EPR TATIVE ACORD 25,411/95) ( ACORD:CORPORATION-IL988 1215199 INSURED: SunCal Companies INSURANCE COMPANY: Evanston Insurance Company POLICY NUMBER: 99GLP1003817 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CITY OF SAN JUAN CAPISTRANO RE: PACIFIC POINT (If no entry appears above, information required to complete this endorsement will be shown in the Declaration as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the schedule,but only with respect to liability arising out of"your Work" for that insured by or for you and then only as respects any claim, loss or liability arising out of the operations of the Named Insured, and only if such claim, loss or liability is determined to be solely the negligence or responsibility of the Named Insured. ICO2250498 11/15/2005 D11 AGENDA ITEM TO: Dave Adams, City Manager 9(k FROM: Nasser Abbaszadeh, Director of Engineering and Building SUBJECT: Consideration of Amendment to Improvement and Reimbursement Agreement associated with Tentative Tracts 14196 and 15609, Pacifica San Juan (SJD Partners, LTD.) RECOMMENDATION: By motion, 1. Approve the amendment to the Improvement and Reimbursement Agreement associated with Tentative Tracts 14196 and 15609, Pacifica San Juan (SJD Partners, LTD.) and, 2. Authorize the Mayor to execute the Amended Improvement and Reimbursement Agreement on behalf of the City. SITUATION: A. Summary and Recommendation: The City Council previously approved an Improvement and Reimbursement Agreement (Attachment 1) made with the developer SunCal Companies / SJD Partners LTD (SJD) regarding, among other developer's obligations, the design, widening and aligning of certain off-site circulation improvements on Camino Capistrano, Valle Road, the 1-5 FWY ramps at Valle Road and at the intersection of Camino Las Ramblas and Via California. (Attachment "A" of Attachment 1). SJD Partners, LTD is requesting an amendment to said attachment "A" to allow for the extension to the timing of completion to four of these off-site improvements listed in said Attachment "A" due to reasons beyond the developer's control. The amendment (Attachment 2) would continue to require the developer to construct the off-site improvements as conditioned and would give the developer additional time to process the permit approval through Caltrans and the City. Therefore staff recommends approval of the amendment. Agenda Report November 15, 2005 Page 2 B. Background: On July 20, 1999, City Council approved the Improvement and Reimbursement agreement with SJD Partners, LTD. Attachment "A" of said agreement listed the off-site improvements to be constructed by the developer and their corresponding time of completion. The reasons for which the developer is requesting extension to the timing of completion to certain improvements are as follows: (a) numerous plan submittals and negotiations with Caltrans associated with their new design criterion for freeway ramps which necessitated several geometric designs to re-configure the street intersection of Valle Road and La Novia at the 1-5 freeway northbound ramps; and, (b) Caltrans' technical and environmental review requirements, processing and permitting; and, (c) City requiring the redesign of the grading plans for the slope, within the right-of-way, along the east side of Valle Road, south of San Juan Creek Road, to accommodate future road widening of Valle Road that is beyond the responsibility of Pacifica San Juan, (previously known as Pacific Point). Staff has reviewed the request and concurs that the above mentioned reasons are significant to recommend approval of the amendment to extend the timing of completion to improvements 2, 4, 5 and 6, listed in original attachment "A" of "Attachment 1". These amendments would obligate the developer to complete the off-site improvements prior to the completion and City acceptance of proposed Avenida California, which will connect Camino Las Ramblas, to Valle Road. The timing of completion will be in lieu of the current requirement to complete the improvements listed below prior to issuance of the first certificate of occupancy in tract 15686. The recommended amended conditions are as follows: 2. Widen Valle Road between San Juan Creek Road and the 1-5 ramps including traffic signal and power pole relocations, necessary grading, retaining walls and slope landscaping. To be constructed by the developer prior to completion and City acceptance of proposed Avenida California. (Avenida California will connect Camino Las Ramblas, to Valle Road). 4. Intersection improvement and signalization of Valle Road/La Novia @ 1-5 ramps including realignment of La Novia, grading and Agenda Report November 15, 2005 Page 3 landscaping. To be constructed and completed by the developer prior to completion and City acceptance of proposed Avenida California. (Avenida California will connect Camino Las Ramblas, to Valle Road). 5. Improvement and signal modifications of Camino Capistrano @ San Juan Creek Road to provide an additional northbound right turn lane, subject to Caltrans approval. To be constructed and completed by the developer prior to completion and City acceptance of proposed Avenida California. (Avenida California will connect Camino Las Ramblas, to Valle Road). 6. Improvement and signal modifications of Camino Capistrano @ 1-5 ramps to provide an additional lane for combined right/left turns from the southbound off-ramp subject to Caltrans approval. To be constructed and completed by the developer prior to completion and City acceptance of proposed Avenida California. (Avenida California will connect Camino Las Ramblas, to Valle Road). SJD Partners, LTD is conditioned to complete the construction of Avenida California (referred to as Street "A" on the Tentative Tract Maps 14196 and 15609) prior to issuance of the 1515 building permit within Vesting Tentative Tract Maps 14196 and 15609. It is to be noted that the developer stated that he is prepared to begin the widening construction process of that section of Valle Road, from San Juan Creek Road to La Novia Avenue, as soon as the corresponding grading and improvement plans are approved by the City. These plans are currently in their final preparations for acceptance by the City Engineer. Additionally, with the exception of the certain requirement regarding environmental impact information to be reviewed by Caltrans, the engineering improvement plans for the realignment of the 1-5 FWY ramps are in Caltrans final plan check stages. COMMISSION/BOARD REVIEW AND RECOMMENDATION: Not applicable. FINANCIAL CONSIDERATIONS: There is no cost to the City by this action. NOTIFICATION: SJD Partners, LTD* *Agenda report included Agenda Report November 15, 2005 Page 4 RECOMMENDATION: By motion, 1. Approve the amendment to the Improvement and Reimbursement Agreement associated with Tentative Tracts 14196 and 15609, Pacifica San Juan (SJD Partners, LTD.) and, 2. Authorize the Mayor to execute the Amended Improvement and Reimbursement Agreement on behalf of the City. Respectfully submitted, Prepare by, NasserAbbaszadeh, P.E. S cair Director of Engineering and Building enior Engineer Attachments: 1. Improvement and Reimbursement Agreement of July 20, 1999, including Attachment "A" 2. Amended Attachment "A" of the Improvement and Reimbursement Agreement 3. Location Map s iRecordedL.'IIIin �ptryhmellCgo�upnpty@�o�fp orange, California RECORDED AT THE REQUEST OF I�IlI91IIIIII �ItlNI11IuVIII11111AGranville, Clerk/Recorder AND RETURN TO: 30.00 19990581258 04:30PM 08/09/99 City of San Juan Capistrano gee 12059505 12 21 City Clerk's Department Al2 9 6.00 24.00 0.ea 0.00 0.00 0.00 32400 Paseo Adelanto San Juan Capistrano, CA 92675 ]CMPROYEMENT AND REIMBURSEMENT AGREEMENT I� (ASSESSORS PARA. #666-301-01.666-301-09,675-361-01,675-361-03 675-361-04, , 675-361-05,675-081-03, 675-081-04,675-081-10,675-081-14) (� THIS REIMBURSEMENT AGREEMENT is made by and between the City of San Juan l Capistrano,hereinafter referred to as "City", and the SJD PARTNERS, LTD., a California limited partnership, herein referred to as "Developer". Whereas, City has granted approvals for Tentative Tract 14196(Resolution Nos. 92-6-16-4) which will be divided into multiple finals maps,and Whereas, Conditions of Approval require Developer to enter into an Agreement to provide for the construction of certain off-site traffic improvements. Whereas, City requires that those certain improvements as outlined, hereafter,be constructed conjointly with his development. NOW, THEREFORE, City and Developer mutually agree as follows: Section I_ Scope of Improvements/Pro-rata Share Qblieationc. The Developer shall design and construct the improvements as described in Attachment "A", Section I. Developers pro-rata share obligation for said improvements shall be as set forth below. Cost estimates and apportioned traffic shares as indicated were developed from past information and have not been validated by the City. The City will develop final detailed cost estimates and traffic apportionments when its traffic model is complete. Therefore,the Director of Engineering and Building is authorized to unilateisily adjust the below stated formula according tot he results of the completion of the traffic model btudy. When the results of the study have been determined, the City shall give written notice of the final percentage share allocation to Developer. ESTIMATED ESTIMATED ESTIMATED SUNCAL SUNCAL FACILITY COST, SHARE % COST A. Camino Las Ramblas @ Via California - Signalization $120,000 94% $112,800 ATTACHMENT 7nna f1kT TCTAVW KWiOP kWC TTT' TC7TVR"R a V J nb•CA AAA7/RA/0A Constaucdon Cost Apportionment and Reimbur%cromt Agrmnent Page 2 ESTIMATED ESTIMATED SUNCAL SUNCAL EA01= COST SHARK% OC ST B. Valle Road/San Juan Creek Road to 1-5 Ramps- Widen Roadway $572,000 38% $217,360 C. Valle Road/1-5 Ramps to Forester Ranch Road - Widen Roadway $400,000 72% $288,000 D. Valle Road @ La Novia/I-5 Ramps Intersection-Realignment/ Signalization $600,000 37% $222,000 E. Camino Capistrano @ San Juan Creek Road- Add Northbound Right Turn $120,000 40% $48,000 F- Camino Capistrano @ I-5 Ramps Improvement&Signal Modifications $92000 42% IZ. Q TOTALS $1,902,000 $925,960 Section 2. Other Improvements. The Developer shall also pay its "fair share" of the improvements indicated in Attachment A, Section I1,in accordance to the schedule therein. It should be noted the cost estimates and apportioned traffic shares as indicated were developed from past information and have not been validated by the City. The City will develop final detailed cost estimates and traffic apportionments when its traffic model is complete. The Director shall make the same determination based upon the completion of the study as set forth in Section 1. ESTIMATED ESTIMATED ESTIMATED SUNCAL SUNCAL FACILITY COST SHARE % COST A. Existing La Novia/Valle Road to 2500' East $2,427,000 15% $364,050 B. La Novia Widening/Valle Road to 2500' East $1,500,000 15% $225,000 nnn fTi nrwrnr svn rvnn �r l rrTn 11,n c. .. Construction Cost Apportionment and Reimbursement Agreement Page 3 ESTIMATED ESTIMATED ESTIMATED SUNCAL SUNCAL FACI1�= COST SHARE Ya COST . C. Signalization San Juan Creek ® Valle Road $280.000 38% $106,400 TOTAL $4,207,000 $695,450 Section 3. Design Plans. Developer designed plans shall be submitted to the City Engineer for his review and approval prior to construction. Developer shall submit faithful performance and labor/material bonds in the amount of the approved Engineer's Cost Estimate for each item fisted in Section 1 prior to beginning construction for projects covered by reimbursement. Said bonds shall be on a standard City form by an Agency approved by the City. Section 4. Reimbursement to Developer Pursuant to the development approvals given to Developer,Developer will be reimbursed a portion of the total cost of the project. Developer shall be reimbursed the above stated costs of the total project cost over a period of fifteen (15)years from the completion of the last improvement in Section 1 as provided in this Agreement. Timing of reimbursement payments will be according to actual proration contributions based on traffic generation from other developers in the area who develop their property within time period specified in Section 5. Section 5. Tqrm of Agreement This agreement shall run for a period of 15 years from the completion of the last improvement in Section 1. An extension of five years may be granted by the City upon written request of developer. Section 6. Time Frame for Repayment to DevelolL The City shall cause such other Developers to make their pro-rata contribution upon the earlier of issuance of a building permit or approval of a Final Map. Section 7. Liability/Indemnification/Insurance. Developer holds City and its elected and appointed officials harmless from any claims or liabilities that may arise out of Developer's construction of improvements described in this Agreement. City holds Developer and its officers harmless from any claims or liabilities that may arise out of any improvements constructed by City or any operations and maintenance of the improvements by City. nnnM nknWvrc TJV� krvnr erva rrr� rn�roaxo xc ws ,x Construction Cost AOPo*tiommvnt and Rcimburscment Agreement Page 4 Developer agrees to maintain liability insurance in the following amounts: I. Com2rehensive General Liability. Developer or his agent shall maintain in full force and effect comprehensive general liability coverage,including premises operations,produeWcompleted operations,broad fora property damage and blanket contractual liability in the following minimum amounts: $1,000,000 property damage $1,000,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. H. Worker's Compensation. If Developer employs employees or subcontractors to perform services under this Agreement,Developer shall obtain and maintain, during the life of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by State law. These above stated policies shall not terminate nor shall they be canceled nor the coverage reduced until after 30 days' written notice is given to the City. Developer shall provide an endorsement to City establishing that City has been legally added as an additional insured to the liability policy required under this Agreement. Section 8- Force Majeure. None of the parties hereto shall be deemed to be in default if performance of the obligations required by this Agreement is delayed or becomes impossible because of any act of God, earthquake, fire,strike, sickness, accident, civil commotion, epidemic, act of government,its agencies or officers,or any legitimate cause beyond the control of the parties. Section 9. Notices. All notices, requests, demands, consents and other communications under this Agreement shall be in writing, including telex and facsimile transmission and shall be deemed to have been duly given on the date of service if served personally by telex or facsimile transmission or 48 hours after mailing if mailed by first class mail,registered, or certified,postage prepaid, return receipt requested, and properly addressed as follows: TO: SJD PARTNERS,LTD- 5109 E. La Palma Avenue Suite D Anaheim, CA 92807 Construction Cost Apportiomncnt and Reimbursement Agreement Page 5 TO: CITY OF SAN .IUAN CAPISTRANO Attention. City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Section 10. Agreement Runs M hhe Land- This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective representatives, assigns and successors in interest. Section 11. Entire Agreement. This Agreement contains the entire agreement between the parties hereto and supersedes any prior or concurrent written or oral agreement between said parties concerning the subject matter contained herein. There are no representations, agreements, arrangements or undertakings, oral or written,between or among the parties hereto relating to the subject matterc tanned in this Agreement which have not been fully expressed herein. DATE >'y 9 q SJD PARTNERS, LTD. a �� California Limited Partnership By: SJD DEVELOPMENT CORP. a California Corporatio By: �� Its: DATE g CITY OF SC 4. STRANO By: Fn.oeiner, Mayor Atte AP4ORNEYS TO FORM CITY CLERK CIT IT . . , .... ._.,. _--------- —I - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California as. 'County of 0-yr, 'VA[Y-Q On rl -1 1— moi before me,-Ke rrl � . VA Outs NpRq[9tld Im 01 1e.9�FJau 0oa.N04ry ptkiki personally appearedv /r �—. Neme(a)er Slpner(at personally known to me n sts�f-satisfactory— .--evi9eace.-- / to be the person whose namex'i 0,4 ^ '' �•""""? Subscribed to t e wit n instrument and IceRal a. Irl+�'K°� acknowledged to met a�en1e/tho executed Commission$ 1213002 i Y' Yy ro NotoryPuolic-California 3� the sg in ii h9efthpir authorize Change county capacity(is), and that by Of Mpt/ttr6ir mycoRvnS-gxna sur signature(?) on the instrument the person(, or the entityf upon behalf of which the person4l acted, executed the instF WIT SS my hand andcial seal;l 6 Flace Notary Seel AOove alple a OI Nale OPTIONAL Though the information below is not required bylaw,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. ' Description of Attached document Title or Type of Document:)-1—/" ..... 1 Se - n n �I�t'lh r.ASClY n "%Ty Y-2e,1'1'1P�,o Document Date: —/�"d Numbeer of Pages: Signer(s)Other Than Named Above: '--" Capacity(ies ed by Signer / Signer's Name: Individual� Top of lhl b here. O Corporate Officer—, Title(s): Pregrc�ev Partner— Limited C1 General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: T _, Signer Is Representing: J \Je�O(�'( ffi G�2� �im5-h 0 1987 Natla N Notary Aeeev-1 •9360 D-$oto A—.,P.O.aa"2602•Clpe-w h,CA 91312-2402 Pi .No.5907 Rwftl:Cao TOesrae 1- p 76d 27 State of California ) County of Orange ) ss_ City of San Juan Capistrano ) (Gov't Code 40814 &Civil Code 1181) On July 20. 1999 .before rne, Cheryl Johnson . City Clerk,personally appeared --John Greiner--- personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to the that he executed the same in his authorized capacity,and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument_ (SEAT,) WITNESS my hand and official seal. City Clerk OPTIONAL Capacity Claimed by Signer Description of Attached Document Municipal Corporate Officer Mayor ImnrovementandReimbursementAizm=eut Tide - SJD Partners Title or Type of Document Signer is Representing City of San Juan Capistrano Sewn Number of Pages July 20, 1999 Date of Document Bruce Elieff SJD Develoy ent Signers)Other Than Named Above Consouction Cost Apportionment and Reimbutsement Agreement Page 6 ATTACHMENT A PUDLIC IMPROVEMENTS SECTION I — IMPROVEMENTS TO BE CONSTRUCTED BY DEVELOPER SUBJECT TO REIMBURSEMENT(REF: sect 7.1.2. DEV. AGREEMENT) I. Intersection improvement and signalization of Camino Las Ramblas @ Via California. To be constructed prior to the first residential Certificate of occupancy. 2_ Widen Valle Road between San Juan Creek Road and the I-5 ramps to secondary standards, including traffic signal and power pole relocations, necessary grading, retaining walls and slope landscaping. To be constructed prior to fast Certificate of Occupancy in the North R & D site or extension of"C" Street to La Novia, whichever occurs fust. 3_ Widen Valle Road between I-5 ramps and Forester Ranch Road to commuter standards, including necessary grading, retaining walls, and landscaping. To be completed prior to issuance of first Certificate of Occupancy in the North R&D site, or extension of"C" Street to La Novia,whichever occurs first. 4. Intersection improvement and signalization of Valle Road/La Novia @ I-5 ramps including realignment of La Novia, grading and landscaping. To be completed prior to issuance of first Certificate of Occupancy in the North R& D site, or extension of"C" Street to La Novia, whichever occurs first. 5. Improvement and signal modifications of Canino Capistrano @ San Juan Creek Road to provide an additional northbound right tum lane, subject to Caltrans approval. To be completed prior to issuance of first Certificate of occupancy in the North R & D site, or extension of"C" Street to La Novia,whichever occurs first. 6. Improvement and signal modifications of Camino Capistrano @ I-5 ramps to provide an additional lane for combined right/left turns from the southbound off-ramp subject to Caltrans approval. To be completed prior to issuance of the first Certificate of Occupancy in the North R& D site or extension of"C" Street to La Novia, whichever occurs first. Consiruction Cost Apportionment and]reimbursement A4praernent Page 7 SECTION II. IMPROVEMENTS REQUIRING DEVELOPER TO PAY A `FAIR SHARE' OF COST BASED ON DEVELOPERS PROPORTIONATE TRAFFIC GENERATION TO EACH PROJECT. 1. Existing La Novia, Valle road to 2500 feet east. "Fair share" to be paid prior to recordation of first(1 st) final map. 2. Widening of La Novia to secondary standards from Valle Road to 2500 feet easterly. "Fair Share" to be paid prior to the sixtieth(60th) Certificate of Occupancy in Phase "Ill" of the Conceptual Phasing Plan, 3. Improvement and signalization of the San Juan Creek Q Valley Road Intersection_ "Fair Share" to be paid prior to the sixtieth(601h) Certificate of Occupancy in Phase "III" of the Conceptual Phasing Plan. ..�.. ­—T TTT� V j /%-an enn7/an/on AMENDMENT TO IMPROVEMENT AND REIMBURSEMENT AGREEMENT (ASSESSOR'S PARCELS #666-301-01, 666-301-09, 675-361-01, 675-361-03, 675-361- 04, 675-361-05, 675-081-03, 675-081-04, 675-081-10, and 675-081-14) THIS AMENDMENT TO IMPROVEMENT AND REIMBURSEMENT AGREEMENT is made this _day of 2005, by, and between, the City of San Juan Capistrano, hereinafter referred to as "City", and the SJD PARTNERS, LTD., a California limited partnership, herein referred to as "Developer". Whereas, On June 16, 1992, the City granted approvals for Tentative Tract 14196 (Resolution Nos. 92-6-16-4) which would be divided into multiple finals maps; and, Whereas, Conditions of Approval required Developer to enter into an Agreement with the City to provide for the construction of certain off-site traffic improvements; and, Whereas, Said Agreement, entitled "IMPROVEMENT AND REIMBURSEMENT AGREEMENT (ASSESSORS PARCEL #666-301-01, 666- 301-09, 675-361-01, 675-361-03, 675-361-04, 675-361-05, 675-081-03, 675- 081-04, 675-081-10, 675-081-14)", which is also described as Tentative Tracts 14196 and 15609, was approved by the City Council on July 20, 1999; and, Whereas, City required that those certain improvements as outlined, hereafter, be constructed conjointly with his development; and, Whereas, Due to certain reasons beyond the Developer's control, Developer has requested the City to amend the agreement which would give Developer additional time to process the permit approvals for those certain improvements through Caltrans and the City; and, Whereas, Said request is for improvements 2, 4, 5 and 6 listed in attachment "A" of the original agreement; and, Whereas, the amendment would continue to require Developer to construct the off-site improvements conjointly with his development, as conditioned, and would give the developer the needed additional time to process the permit approvals for the four improvements 2, 4, 5, and 6, listed in attachment "A" of the original agreement, through Caltrans and the City. Pagel ATTACHMENT 2 NOW, THEREFORE, City and Developer mutually agree to amend Attachment "A" to said Agreement in its entirety to read as follows: 'PUBLIC IMPROVEMENTS SECTION 1 -- IMPROVEMENTS TO BE CONSTRUCTED BY DEVELOPER 1. Intersection improvement and signalization of Camino Las Ramblas @ Via California. To be constructed by the developer prior to the first residential Certificate of Occupancy. 2. Widen Valle Road between San Juan Creek Road and the 1-5 ramps including traffic signal and power pole relocations, necessary grading, retaining walls and slope landscaping. To be constructed by the developer prior to completion and City acceptance of proposed Avenida California. (Avenida California will connect Camino Las Ramblas, to Valle Road). 3. Widen Valle Road between 1-5 ramps and Forester Ranch Road to commuter standards, including necessary grading, retaining walls, and landscaping. To be constructed and completed by the developer prior to issuance of first Certificate of occupancy in the North R & D site, or extension of"C' Street to La Novia, whichever occurs first. 4. Intersection improvement and signalization of Valle Road/La Novia @ 1-5 ramps including realignment of La Novia, grading and landscaping. To be constructed and completed by the developer prior to completion and City acceptance of proposed Avenida California. (Avenida California will connect Camino Las Ramblas, to Valle Road). 5. Improvement and signal modifications of Camino Capistrano @ San Juan Creek Road to provide an additional northbound right turn lane, subject to Caltrans approval. To be constructed and completed by the developer prior to completion and City acceptance of proposed Avenida California. (Avenida California will connect Camino Las Ramblas, to Valle Road). 6. Improvement and signal modifications of Camino Capistrano @ 1-5 ramps to provide an additional lane for combined right/left turns from the southbound off-ramp subject to Caltrans approval. To be Page 2 constructed and completed by the developer prior to completion and City acceptance of proposed Avenida California. (Avenida California will connect Camino Las Ramblas, to Valle Road). A request to make a minor change to the completion dates with respect to any of the above stated conditions shall be subject to review and approval by the City Engineer. SECTION II -- IMPROVEMENTS REQUIRING DEVELOPER TO PAY A 'FAIR SHARE' OF COST BASED ON DEVELOPERS PROPORTIONATE TRAFFIC GENERATION TO EACH PROJECT. 1. Existing La Novia, Valle road to 2500 feet east. "Fair share" to be paid by the developer prior to recordation of first (1 st) final map. 2. Widening of La Novia to secondary standards from Valley Road to 2500 feet easterly. "Fair Share" to be paid by the developer prior to the sixtieth (60th) Certificate of Occupancy in Phase "III" of the Conceptual Phasing Plan (on file at City Clerk's office). 3. Improvement and signalization of the San Juan Creek @ Valle Road Intersection. "Fair Share" to be paid by the developer prior to the sixtieth (60th) Certificate of Occupancy in Phase "III" of the Conceptual Phasing Plan (on file at City Clerk's office)." In Witness Whereof, the parties hereto have executed this Amendment Agreement the day and year first hereinabove written. SJD Partners, LTD. City of San Juan Capistrano A California Limited Partnership By: SJD Development Corp. By: a California Corporation Wyatt Hart, Mayor By: Approved as to form: President City Attorney Attest: City Clerk Page 3 PROJECT `OGATM W ti (OS � v 0 LLE RD GO a CAMINO CAPI5� � JUAN VICINITY MAP SCALE: N.T.S. ATTACHMENT 32400 PASEO ADELANTtl r MEMBERS OF THE CITU COUNCIL SAN JUAN CAPISTRANO,CA 92675 'rdi (949)493-1171 j,,y✓ SAM ALLEVATO ib" m1 AiOAAtFo DIANE HART(949)493-1053 FAX P VVV E11776E0 961 WYATT OTORT wwwsnt7jvanca islrano.org DAVID M.SWERDLIN November 17, 2005 NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO On November 16, 2005 the City Council of San Juan Capistrano met regarding: "Consideration of Amendment to Improvement and Reimbursement Agreement Associated with Tentative Tracts 14196 and 15609, Pacifica San Juan (SJD Partners, LTD.)" Item No. D11. The following action was taken at the meeting: Amendment to the Improvement and Reimbursement Agreement associated with Tentative Tract 14196 and 15609, Pacifica San Juan (SJC Partners, LTD), approved; and the Mayor authorized to execute the amended agreement on behalf of the city. If you have any questions regarding this action, please contact Sam Shoucair, Senior Engineer at 443-6355 for more detailed information. Thank you, Mi�rtiz Deputy City Clerk Cc: SJD Partners, LTD"; Nasser Abbaszadeh, Engineering & Building Director; Sam Shoucair, Senior Engineer San Juan Capistrano: Preserving the Past to Enhance the Future 4011t Printed on recycled paper 32400 PASEO ADEEANTO MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 X41 SAM ALLEVATO (949)493-1171 yS (949)493-1053 FAX '{ m[uavopann DIANE BATHGATE VVV [S1aeuSN[0 1961 MATT HART wwwsanjuancaprslrano.org 1776 JOE SOTO • • DAVID M SWERDLIN NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 7:00 p.m. on November 15, 2005 in the City Council Chamber in City Hall, to consider: "Consideration of Amendment to Improvement and Reimbursement Agreement Associated with Tentative Tracts 14196 and 15609, Pacifica San Juan (SJD Partners, LTD.)" — Item No. D11. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, November 14, 2005 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Sam Shoucair, Senior Engineer. You may contact that staff member at (949) 443-6355 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: council-agendas cDsanivancapistrano.org. Meg Monahan, CMC City Clerk cc: SJD Partners, LTD*; Nasser Abbaszadeh, Engineering & Building Director; Sam Shoucair, Senior Engineer * Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future 40 Printed on recycled paper ENGINEERING AND BUILDING DIRECTOR L APPROVAL OF FINAL TRACT MAP 15686. NORTH R&D SITE ND E IMPROVEMENT AND REIMBURSEMENT&AGREEMENT ( NCATHL DEVELOPMENT/SJD PARTNERS, LTD.) (600.30/600.60) (CONTINUED FROM JULY 6, 1999) Stating a potential conflict of interest relating to her ownership of property in the area, Council Member Campbell left the Chamber. Written Communications: (1) Report dated July 20, 1999, trom the Director of Engineering& Building, advising that the item had been continued from the July 6, 1999 meeting to allow residents additional time to review Staff reports and to allow the City Attorney to review a compliance issue with the mitigations in the project EIR. (2) Memorandum dated July 14, 1999, from the City Attorney advising that he disagreed with Mr. Curtis contentions that the developer had violated the EIR mitigation measure #15 by grading on the project site without the placement of a buttress improvement in the vicinity of the La Mirada slope landslide area. (3) Letter dated July 12, 1999, from John Jay Curtis, 2 Arado, Rancho Santa Margarita, requesting that the City Council deny the final tract map based upon the interpretation of the words, "prior to development" in the EIR. The letter indicated that Council had authority to allow the developer to take any further action until compliance with the EIR mitigation requirements had been accomplished. (4) Letter dated July 15. 1999, from John Jay Curtis, 2 Arado, Rancho Santa Margarita, supplementing his last letter and requesting that the City Council deny final map approval. (5) Letter dated July 16, 1999, from John Jay Curtis, 2 Arado, Rancho Santa Margarita, responding to Mr. Shaw's letter which concluded that SunCal had not violated the EIR mitigation measures. (6) Letter dated .lulc 15. 1999. from Brett Trowbridge, 26952 Via La Mirada, urging denial of the final tract map. (7) Letter dated July I_. 1999. irolll Jack Lucas,2102 Business Center Drive, Suite 190- A, Irvine, providing a response to the events that occurred at the July 6, 1999 City ('ouncil mectiM. Mr. Lucas requested denial of the final tract map. Maps prepared by Cotton and Shires :Associates were on display and included an the overall SunCal project decclopntent map sh0winL thr k'srious landslide areas, the North R&D site, and a cross section v icw. Thr and Building Director made an oral presentation ackisingthatthis item had hccn continued in ordcrto protide additional information that had hccn rcqucstcd by the rcprc5cntutivcs of the homeowner,, %chick had hccn accomplished. City (handl Miuutc, -I 1- 7/20/99 The item had also been continued to allow time for the City Attorney to provide an opinion regarding the mitigation measure in the EIR stating the contractor should stabilize the site prior to development,since the opinion of staff that the E1R mitigation measure was intended to be prior to construction of homes. The City Attorney advised that the matter had been legally reviewed several times and an opinion written on July 14, 1999 by his office. In addition,two other letter had been received from Attorneys John Curtis and Jack Lucas reiterating their basic point that the EIR condition had been violated due to grading work done to date. The City Attorney advised he had been monitoring these issues closely and did not agree with the arguments as posed in the letters; that this particular sentence needed to be interpreted in the context of the language contained in the Development Agreement and the Zoning Document, which had discussion regarding the whole nature of the project and how it was to be built and phased. He stated it was apparent that the word "development" could not be narrowly construed as Mr. Curtis suggested and had a meaning more in line with the City Engineer's interpretation. He relied on the Planning and Engineering Department interpretation of the documents since they were involved with the zoning documents as .they evolved. He believed that their conclusions were sound and legally defensible. Based on that,it was clear under the law that the City Council had limited discretion in review of the Final Map and had a ministerial duty to approve it if it was consistent with the Tentative Map. Therefore, there was no other conclusion to be reached except that the Final Map needed to be approved and it was time to do that. The City Attorney further indicated that the City had gone beyond what most cities would do in preparing a further geologic study review in light of criticism of prior geologic work to determine if there was some factual basis to conclude whether there was a health and safety issue. The conclusions of the third party review, that is Cotton & Associates, confirmed that the prior work was adequate and the site was geologically stable. With regard to the R&D site. there were no health and safety issues there, as concluded by the Cotton and Shires firm, and there was no factual basis to withhold final approval ofthe Final Map. Public Comments: 1 . Iohn Jay Curtis, 26922 Via La Mirada, stated that the City Attorney did not answer any of the 35 questions in his Jule 12th letter; however, he felt the City Attorney could not disagree with his conclusion that the City Council had the ability to deny the final approval and take action to shirt down the project iCCouncil agreed with his interpretation of the LIR mitigation measure. Mr. Curtis stated that "prior to development' meant prior to excavating in the valley below the homes and prior to cutting into the hill below the homes on Via La Mirada. The buttress was for the protection of the homes on Via La Mirada and was an essential part ofthe LIR. Mr. Curtis asked theC'itN Council not to approve the final tract map. IIefurther predicted that there Mould be another landslide that would affect the freeway due to the ranoval ofdirt (mill the (,liev rolct site at Camino Capistrano and Stonchill Drive. In response to Council. .Stan 1 Iclenschmidt of Cotton and Shires Associetes responded that their anahsi,s of the (urger landslide mass arca revealed that there was an adequate factor 01 ,nlcty with the removal of the material hom the other side otthe Icceway trom the Via La Mintdn landslide. t'lle Council hi r,uuc,, -i 5- 7.20199 (2) Paul Prince, 26902 Via La Mirada, stated that the intent of the mitigation measure in the EIR was to buttress before grading and excavating began, based on his discussions with Mike Schlesinger, former owner of the property, in 1991. Mr. Prince stated that there should not have been any removals prior to a gravity fill and he disagreed with the interpretation of the word "development" by City Staff. Mr. Prince expressed concern that grading across the freeway from the Via La Mirada area eventually cause another landslide that would affect the freeway. (3) Kenneth Kasdan, 26000 Michelson, Irvine, stated that he represented 20 clients and he spoke on opposition to approval of the final tract map. Mr. Kasdan stated his objection and asked that his July 13th letter be included in the records. Mr. Kasdan stated that any activity represented development and that the project had not been mitigated properly and the site had not been stabilized. Mr. Kasdan urged that the City Council deny approval of the final tract map. (a) Brett Trowbridge,26952 Via La Mirada,owner of a red-tagged home,requested that the Council vote against approval of the final tract map and requested that they look at the stability of the entire site and not just the R&D site. (5) David DeHaas, 26882 Via La Mirada, stated that they had signed an agreement with the developer prior to development of the site and prior to the landslide occurring indicating that the developer would take responsibility,and they had failed to do that. He asked for the City Council's help with their problems. (6) Jim Lee, 26962 Via La Mirada, requested that the City Council use their common sense on this issue, stating that as a contractor himself, he believed the buttress was needed prior to excavation and grading. Mr. Lee stated that the play on words was useless and requested that the Council vote against approval of the final tract map. (7) Sam Use,33632 Valle Road, stated his concerns regarding the maintenance of Valle Road and asked regarding its legal ownership. Mr. Huber pointed out the portion of the road owned by SunCal. (8) Richard I lill Adams. 3_153_2 Forster Ranch Road, stated that he also had issues with maintenance of Valle Road. which he knew to be owned by SUnCaL Mr. Adams stated that the road was currently in disrepair and expressed concern about maintenance ante die road %%as turned over to the Cit} . Mr. Adams asked that the Cit} Council require the dcv eloper to resurtace and repair the rout[ to City standards and specifications. ('oared Mcmher Comments: Council NIcmher.loncs stated that he felt Council had to heed the advice ofthe professional ~trot and the Cit% AttorncN. ('oared Mcmher S\cerdlin Concurred,statim that this was a cert' complicated iswc and he relied on the ach'icc of the Cit} Attornea. Council Mcmher I fart al,vo concurred in the need to abide he the ack ice Ilom the Cit% s legal counsel and reiterated hat the ( its h.ul undcrtaLcn c\icn,i%C rceic%v of this item %%ith the imlcpeaulcnt geological land snncV. ( il� (1llfm[ Vnutic, -Ib- 710/99 Mayor Greiner expressed sympathy for the affected residents and stated that Council did not take their plight lightly, as evidenced by the additional steps in review of this project; however, under the circumstances, he was obliged to follow the advice of the City Attorney and support approval of the final tract map. Approval of Final Tract Map: It was moved by Council Member Hart and seconded by Council Member Swerdlin and unanimously carried with Council Member Campbell absent,that Final Tract Map 15686 be approved based on the findings that it conformed to requirements set forth in the Subdivision Map Act, the approved Tentative Tract Map conditions and the Development Agreement. The Improvement and Reimbursement Agreement was approved and the City Engineer and the City Clerk were authorized to execute the Final Map and Agreement for recording. Staff was directed to contact SunCal regarding maintenance obligations on the private portion of Valle Road. ORDINANCES - None COUNCILMANIC ITEMS 1. ORAL REPORTS OF OUTSIDE AGENCIES a. Southeast Re,=ional Reclamation Authoritv (1040.60) Council Member Jones noted that the materials regarding the Finance meeting will be available in Council slots. b. Oranc>e County Vector Control District (560.50) Council Member Swerdlin noted a demonstration regarding volunteer efforts by two employees called Vector Inspectors who teach fourth through sixth graders about vectors, and. the Vector of the Month was the mosquito. COUNCIL COM%11:NTS 1. SAN JUAN SUMMER \, II 1150.00) Vlavor Greiner incited attendance at the second event scheduled for Ally 21, 1999, at the I IIstoric 'Iown Center Park. 2. yII:I?I ING A I T1[NDAN(T to10.'t 0Lit cil MCII hcr Il:lrt uJci,;ed that he would he tlbSCnt from the August 3. 1999, City luuicil mcctirn'L'_ "unci! Minmc, -I" -1'?0"99 ly� Sao I i J. 111 32400 PASEO ADELANTO MEMBERS OF THE CITU COUNCIL SAN JUAN CAPISTRANO, CA 92675 �, COLLENE CAMPBELL JOHN GREINER (949) 493-1 171 mmuouru WVATT HART (949) 493-1053 (FAX) Inulne[E 1961 GIL JONES 1776 DAVID M.SWERDLIN CITY MANAGER GEORGE SCARBOROUGH July 26, 1999 Mr. Ronald A. Freeman SunCal Companies, Inc. 5109 East La Palma, Suite D Anaheim, California 92807 Re: Improvement and Reimbursement Agreement - Tract 15686 Dear Mr. Freeman: At their meeting of July 20, 1999, the City Council of the City of San Juan Capistrano took action to approve Final Tract Map 15686, based on the findings that it conformed to the requirements set forth in the Subdivision Map Act, the approved Tentative Tract Map conditions, and the Development Agreement. The Improvement and Reimbursement Agreement was approved for recording,and the original has been forwarded to the Orange County Recorder's Office. A fully-executed copy of the Improvement and Reimbursement Agreement is enclosed for your files. Please feel free to contact Sam Shoucair, project manager, at 443-6355 if you have any questions. Very truly yours, Cheryl Johnson City Clerk Enclosure cc: Hunsaker & Associates Engineering and Building Director (with enclosure) Sam Shoucair (with enclosure) p1UG USE is San Juan Capistrano: Preserving the Past to Enhance the Future AGENDA ITEM July 20, 1999 TO: George Scarborough, City Manager FROM: William M. Huber, Director of Engineering & Building SUBJECT: Consideration of Final Tract Map 15686, North R & D Site, and the Improvement, Construction Cost Apportionment Reimbursement and Financial Agreement(SunCal Development/SJD PARTNERS, LTD.). RECOMMENDATION 1. Approve the Final Map for Tract No. 15686 as it conforms to the requirements set forth in the Subdivision Map Act, the approved Tentative Tract Map conditions and the Development Agreement. 2. Authorize the City Engineer and the City Clerk to execute the Final Map. 3. Authorize the Mayor and City Clerk to execute the "Improvement, Construction Cost Apportionment Reimbursement and Financial Agreement". 4. Direct the City Clerk to forward the Map and the "Improvement, Construction Cost Apportionment Reimbursement and Financial Agreement" to the County Recorder. SITUATION A. Summary and Recommendation This item was continued from City Council's July 6, 1999 meeting to give residents additional time to review the staff reports and allow the City Attorney to review a compliance issue with the mitigations in the project EIR. The City Attorney's opinion is included in Attachment 12. SJD PARTNERS, LTD., the current developer of the 256 acres in real estate property known as Vesting Tentative Tract 14196(Pacific Point),has submitted the first Final Map for the North R& D Site within their Tentative tract for City Council consideration and approval. The subject north R&D site, which is about 34.7 acres, is located at the southerly terminus of Valle Road along the easterly side of the I-5 Freeway. The Final Map has been reviewed by the Engineering Division and was found to be in conformance with the Tentative Tract Map and the Subdivision Map Act. All applicable conditions of approval required by Resolution 92-6-16- 4 (Attachment 1) and by the Development Agreement(on file at City Clerk's office) have been met. In addition, due to questions raised by local residences, a re-evaluation of the project geotechnical investigations and reports was undertaken by a qualified independent consultant, Cotton, Shires, Associates. The independent consultant has concluded as provided in the attached report, and as discussed herein, that the geotechnical work meets all current standards of practice. Staff, therefore, recommends City Council approve the North R& D map. FOR CITY C:c)utvAl hvervl)H.x:.. 14021a- AGENDA ITEM -2- July 20, 1999 B. Background As a result of the City Council's previous review of the proposed approval of the final subdivision map for the North R & D site in January of this year, the Council continued its consideration of the final map pending additional analysis of the various questions and input from impacted lot owners (see attachments 2-6). The City, through the City Attorney's office, retained an independent third party geologist, Cotton, Shires & Associates, to conduct further geologic analysis of the soils stability of the North R& D site and underlying slide plane. This process was conducted as a third layer of geologic review to determine the stability of the proposed North R& D commercial development. Cotton Shires, and Associates was requested to review whether the North R & D site itself was geologically stable to accommodate development; whether the underlying deep seated slide plane area might adversely impact the R& D site; and whether there was any geologic relationship between the Via La Mirada slide area and the North R& D Site. Cotton, Shires and Associates has completed a geologic analysis of these issues (See attachment 7). New borings were performed at the direction of Cotton, Shires and Associates by SunCal. Boring work included additional deep hole borings into the deep seated ancient landslide that underlies the Meridith Canyon and McCracken Hill complex and additional borings into portions of the R& D site. The report makes the following findings and conclusions: • The underlying deep seated slide has an adequate factor of safety and is considered stable. • The North R & D Site can be developed with appropriate structural improvements to meet current standards of safety and design. • There is no geologic connection between the failure of the Via La Mirada landslide and the underlying deep seated slide that would impact development of the North R& D Site. C. Issues Relative to Vesting Tentative Map The Developer has received previous City entitlements to develop the property. Only when conditions change based on factual information that affects Health & Safety, can the City reasonably stop the development and request a complete re-review. As a result of the Via La Mirada Landslide and questions raised by concerned citizens regarding the geology, a major re- review was initiated by the City to determine if there, in fact, were such factual information affecting Health & Safety for development of the North R& D Site. Additionally,the residents raised an issue regarding the environmental documents and potential for a new or revised FIR, due to changed conditions as a result of the landslide. The City Attorney has reviewed the issue and has provided his response in Attachment 8. From his opinion, it is concluded that a new or revised FIR is only appropriate during the discretionary review process. The statutes are applicable at the current final map stage. AGENDA ITEM -3- July 20, 1999 One other issue was raised by the property owners relative to a condition in the approved EIR which Said -"The site would require stabilization prior to development...... and"The contractor should stabilize the site prior to development". It was believed by the property owners that this condition meant-prior to start of any excavation. Staff has reviewed the supporting documents and has provided a detailed response in Attachment 9. The staffs conclusion is the that mitigations were applicable to stabilization of the slopes, prior to actual development of homes, not prior to grading. The grading operation for the project was needed to provide the fill material to buttress the slides and is well identified in the EIR. D. Geologic Hazard Abatement District (CHAD) With regard to the formation of a geologic abatement district, staff has reviewed the Municipal Code regarding the timing of the GHAD requirement. The Municipal Code requires that if a GHAD is to be utilized, it be instituted with respect to residential subdivisions only. It is, therefore, staff s opinion that since the GHAD is not applicable to the North R& D site, as it is to be developed commercially, that consideration of the formation of a GFIAD be deferred until the first submission of a residential subdivision final map. E. North R & D Final Map Conditions of Approval On June 16, 1992, the City Council approved TMC Development/Pacific Point's Vesting Tentative Tract Map 14196,which allowed the subdivision of a 256-acre land, into several lots, among which is the North Research & Development lot. At this time, the developer is requesting to final the Map for this single lot site. Any future development of the North R& D Site property will require future discretionary applications to be processed consistent with the provisions of the Forster Canyon Planned Community Comprehensive Development Plan. In addition, this subdivision is required to construct and/or participate in certain off-site improvements. An "Improvement, Construction, Cost Apportionment Reimbursement and Financing Agreement"is included as part of this Agenda Item(Attachment 10). These off-site improvements include the following: 1. Intersection improvement and signalization of Camino Las Ramblas @ Via California. To be constructed by the developer prior to the first residential Certificate of Occupancy. 2. Widen Valle Road between San Juan Creek Road and the 1-5 ramps including traffic signal and power pole relocations, necessary grading, retaining walls and slope landscaping. To be constructed by the developer prior to first Certificate of Occupancy in the North R& D site or extension of"C" Street to La Novia, whichever occurs first. 3. Widen Valle Road between 1-5 ramps and Forester Ranch Road to commuter standards, including necessary grading, retaining walls, and landscaping. To be constructed an completed by the developer prior to issuance of first Certificate of occupancy in the North R & D site, or extension of"C" Street to La Novia, whichever occurs first. 4. Intersection improvement and signalization of Valle Road/La Novia @ 1-5 ramps including realignment of La Novia, grading and landscaping. To be constructed and AGENDA ITEM -4- July 20, 1999 completed by the developer prior to issuance of first Certificate of Occupancy in the North R& D site, or extension of"C" Street to La Novia, whichever occurs first. 5. Improvement and signal modifications of Camino Capistrano @ San Juan Creek Road to provide an additional northbound right turn lane, subject to Caltrans approval. To be constructed and completed by the developer prior to issuance of first Certificate of Occupancy in the North R& D site, or extension of"C" Street to La Novia, whichever occurs first. 6. Improvement and signal modifications of Camino Capistrano @ I-5 ramps to provide an additional lane for combined right/left turns from the southbound off-ramp subject to Caltrans approval. To be constructed and completed by the developer prior to issuance of the first Certificate of Occupancy in the North R& D site or extension of "C" Street to La Novia, whichever occurs first. 7. Existing La Novia,Valle road to 2500 feet east. "Fair share"to be paid by the developer prior to recordation of first(1 st) final map. 8. Widening of La Novia to secondary standards from Valley Road to 2500 feet easterly. "Fair Share" to be paid by the developer prior to the sixtieth (60th) Certificate of Occupancy in Phase"III" of the Conceptual Phasing Plan(on file at City Clerk's office). 9. Improvement and signalization of the San Juan Creek @ Valle Road Intersection. "Fair Share" to be paid by the developer prior to the sixtieth (60th) Certificate of Occupancy in Phase "III" of the Conceptual Phasing Plan (on file at City Clerk's office). The City Planning Director has approved the covenants, conditions and restrictions (CC&R's) for the subject Tract. All applicable subdivision fees have been addressed and the "Improvement Construction Cost Apportionment Reimbursement and Financial Agreement"are signed by applicant. F. Conclusions The City has undertaken a thorough and comprehensive review of the geology relating to the approval of the Final Map for the North R& D site. The review concludes the project geology to be in conformance to all current standards of care, and there is no impact of developing the North R& D Site, relative to the remaining development area. In addition, the developer has satisfied all conditions necessary for approval of the North R& D Final map. Staff, therefore, recommends approval. COMMISSIONBOARD REVIEW. RECOMMENDATIONS This original tentative map was previously reviewed and approved by the Planning Commission and City Council. FINANCIAL CONSIDERATIONS All applicable fees have been paid and the required sureties posted with the City. NOTIFICATION SunCal Companies, Developer Hunsaker& Associates, Project Engineer Residents of Meridith Canyon Residents of McCracken Hill Meridith Canyon Homeowners Association ALTERNATE ACTIONS 1. Approve the Final Tract Map 15686 and the "Improvement, Construction Cost Apportionment Reimbursement and Financial Agreement". 2. Continue item to July 20, 1999 to allow Staff time for address issues. 3. Do not adopt the Final Tract Map 15686 and the "Improvement, Construction Cost Apportionment Reimbursement and Financial Agreement". RECOMMENDATION I. Approve the Final Map for Tract No. 15686 as it conforms to the requirements set forth in the Subdivision Map Act, the approved Tentative Tract Map conditions and the Development Agreement. 2. Authorize the City Engineer and the City Clerk to execute the Final Map. 3. Authorize the Mayor and City Clerk to execute the "Improvement, Construction Cost Apportionment Reimbursement and Financial Agreement". 4. Direct the City Clerk to forward the Map and the "Improvement, Construction Cost Apportionment Reimbursement and Financial Agreement" to the County Recorder. Res e tfully SubmRte Wr William M. HuberPE.Director of Engineering & Building WMH/jt Attachment 1 Resolution 92-6-16-4 for Tentative Map#14196 Attachment 2-6 Minutes from Council Meetings Attachment 7 Geotechical Report Attachment 8 City Attorney Opinion EIR Attachment 9 Staff Memo/Landslide Mitigation Attachment 10 Improvement, Construction Cost Apportionment Reimbursement and Financial Agreement Attachment 1 I Location Map Attachment 12 City Attorney Opinion — Under Seperate Cover RESOLUTION NO. 92-6-16-4 APPROVING TENTATIVE TRACT 141% AND LANDFORM CONTROL DISTRICT TMC PACIFIC PORT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE TRACT 14196, LANDFORM CONTROL DISTRICT PLAN, SUBDIVISION WAIVER AND TREE REMOVAL PERMIT (TMC/PACIFIC POINT) WHEREAS, the applicant, Mike Schlesinger, TMC Development, Inc., 3080 Bristol Street, Suite 150, Costa Mesa, California 92626, has submitted Tentative Tract Map 14196, Landform Control District Plan, subdivision waiver, and tree removal plan for 256 acres in accordance with the Forster Canyon Comprehensive Development Plan (CDP 81-1), generally located parallel to the east side of I-5 between Camino Las Ramblas and Valle Road off-ramp; and, WHEREAS, the City's Environmental Review Board has found, at its February 25, 1992 meeting, that the tentative tract map, as well as its environmental impacts, are essentially the same as those disclosed in the previously certified Final Environmental Impact Report (EIR) for TMC/Pacific Point; and, WHEREAS, the City Traffic and Transportation Commission, at its April 8, 1992 meeting, recommended approval subject to conditions; and, WHEREAS, the Equestrian Commission, at its April 13, 1992 meeting, recommended approval subject to conditions; and, WHEREAS, the Planning Commission, at its May 26, 1992 meeting, recommended approval of Tentative Tract 14196, Subdivision Waiver, Zone Variance and Tree Removal Permit; and, WHEREAS, a public hearing has been duly advertised and held to review and receive public testimony on the application; and, WHEREAS, a preliminary fuel modification plan has been approved by the Planning Commission Resolution; and, WHEREAS, the Planning Commission has recommended that a Development Agreement be adopted by the City Council which requires completion of public improvements and establishes standards for grading and phasing; and, WHEREAS, the City Council of the City of San Juan Capistrano finds and determines as follows: Tentative Tract Mao 1. The proposed tentative tract map, as conditioned, and its design, circulation, and land uses and densities are consistent with the General Plan. -1- 2. The proposed tentative tract map, as conditioned, conforms to all applicable requirements of the amended Forster Canyon Comprehensive Development Plan (CDP 81-1). 3. The tentative tract map is physically suitable for the development of the tentative tract in that the Certified EIR analyzed the development concept and identified mitigation measures to ensure compatibility. 4. The ultimate build out of the tentative tract map will comply with the residentia! unit counts of the CDP and General Plan. 5. The tentative tract map will not cause substantial environmental damage in that mitigation measures and the mitigation monitoring program will adequately resolve any potential environmental concerns as identified in the Environmental Impact Report. 6. The Environmental Impact Report Mitigation Plan will ensure that the ultimate development of the tract as conditioned will comply with all applicable public health and safety standards. 7. The design or improvements of the proposed project will not conflict with easements acquired by the public at large for access through or use of tract within the proposed project. Tree Removal I. The tentative tract has been designed to preserve the maximum number of trees; 121 of 129 trees will be saved. 2. Extensive corrective grading required to stabilize the site necessitates removal of 8 trees. Subdivision Waiver 1. The deviation from the Municipal Code Section 9-4.112(b) provides subtle contouring and rounding of the slopes and better contains the area of grading, while maintaining acceptable terraces and benches. Landform Control District 1. The conceptual grading plans as adopted in the CDP and the visual analysis slides determine grading consistency and attainment of aesthetic objectives such as natural contouring, landscaping and break-up of long, linear building lines as defined by the Comprehensive Development Plan. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano, does hereby approve Tentative Tract Map 14196, Landform Control District, Subdivision Waiver and Tree Removal Permit, subject to the following conditions: 1. Prior to issuance of a grading permit, the subdivider shall complete the following: -2- ti A- a) The equestrian trail design, including supporting documentation of all necessary easements, shall be approved by the City Engineer. b) A preservation and protection plan shall be submitted for approval by the Director of Planning. It shall address trees, limits of grading and areas of construction activities, project site access, etc. c) A soil subsidence insurance or warranty program shall be approved by the City Council. d) A construction mitigation program that complies with Section V1-G of the CDP shall be approved by the Director of Planning and the Director of Engineering and Building and Safety. e. The natural open space boundary shall be delineated on site to be readily identifiable to construction workers for approval by the Director of Planning. Fencing may be required as determined by the Director of Planning. I. Any off-site grading will require written permission of the property owner affected. Said written notice shall be notarized and filed with the City Engineer. 2. Prior to final map approval, the subdivider shall complete the following: a. CC&R's shall be approved by the City Council to establish a Homeowners Association to provide for the maintenance of all recreational facilities, landscaping and common areas. Landscape maintenance standards shall comply with the City's severe tree trimming standards, Section 9-3.625 of the Municipal Code. b. Rolled curbs and drainage swales may be approved by the City Engineer for Streets C, J, K, L, M, N, O, P, R & S, subject to review of storm water runoff containment in the streets and protection of parkway improvements. Where adverse conditions occur, standard curb and gutter shall be provided. C. A Geologic Hazard Abatement District shall be formed and approved by the City Engineer. d. Sewer improvements shall include provisions for servicing of McCracken Hill area which is presently using septic facilities. Sewer improvements shall be gravity flow at all locations. e. The design for the grass-lined channel adjacent to the west side of "A" Street shall be subject to review and approval by the City Engineer. Where adverse conditions occur, standard storm drain Shall be designed and constructed. -3- f. A precise fuel modification plan shall be submitted and approved by the City Engineer and the Orange County Fire Department. g. Design of potentially gated streets shall be in accordance with Municipal Code Section 8-13 and OCEMA Standard 1107. h. The flair width of the equestrian and bicycle trails shall be 14 feet at intersections for maintenance access and motorcycle barrier installation. i. Utility facilities shall be underground. Vaults, transformers, junction boxes, pressure relief valves, or any similar device of any utility shall not be permitted above ground. Utility vaults and boxes shall not be permitted in any street pavement, sidewaik, equestrian trail, bikeway or similar public facility. Catch basin surfaces shall not protrude into equestrian trail surfaces. j. No obstructions shall be allowed in any sidewalk or parkway which reduces the width to less than 4 feet. k. All lots not currently identified such as the drainage channel, adjacent to Lot G and north of "D" Street along "A" Street shall be labeled as lettered lots on the final map to be owned and maintained by the Homeowners Association. 1. Dedicate access easements to open space next to Lots 239, 124, 130 and Lot A on the final map. M. The cross-section of "C" Street shall have a minimum one foot bench adjacent to any hard surface, right-of-way line, slope or trail. n. warning signs shall be installed on both the trail and street with "Trail Crossing Ahead" stenciled on the pavement at all intersections with trail crossings. 3. This approval is contingent upon and subject to the execution of the Development Agreement. PASSED, APPROVED, AND ADOPTED this 16th day of June 1992. GI ,-MAYOR ATTEST: CITY CLERK -4- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) 1, 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. 92-6-16-4 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 16th day Of Tune 1992, by the following vote: AYES: Councilmen Friess, Harris and Mayor Jones NOES: Councilman Vasquez ABSTAIN: None ABSENT: Councilman Hausdorfer (SEAL) /G?11 2O�h�i�� CHERYL JOHNSON, CITY CLERK -5- 7. ADOPTION OF RESOLUTION INITIATING GEOLOGIC HAZARD ABATEMENT DISTRICT 98-1 FOR TENTATIVE TRACT 14196 AND SETTING PUBLIC HEARING DATE (SJD PARTNERS, LTD/SUNCAL)(345.90) As set forth in the Report dated November 3. 1998, from the Director of Engineering and Building, the following Resolutions declaring that the City is subject to the provision of Public Resources Code, Division 17 "Geologic Hazard Abatement Districts;" and, setting a time and date for public hearing for formation of a geologic hazard abatement district were adopted: RESOLUTION NO. 98-11-3-3, "GEOLOGIC HAZARD ABATEMENT DISTRICTS"-A RESOLUTION OF THE CITY COUNCIL OF SAN JUAN CAPISTRANO DECLARING THAT THE CITY OF SAN JUAN CAPISTRANO IS SUBJECT TO THE PROVISION OF PUBLIC RESOURCES CODE, DIVISION 17, "GEOLOGIC HAZARD ABATEMENT DISTRICTS" RESOLUTION NO 98-11-3-4, "GEOLOGIC HAZARD ABATEMENT DISTRICTS" - SETTING PUBLIC HEARING (TRACT 14196/SJD PARTNERS, LTD) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING SUFFICIENCY OF PETITION,DIRECTING NOTICE TO BE MAILED TO HIE PROPERTY OWNER AND SETTING A TIME AND DATE FOR PUBLIC HLARING FOR FORMATION OF A GEOLOGIC HAZARD ABATEMEN i DIS ucICT PURSL.INT TO THE REQUIREMENTS OF PUBLIC RESOURCES CODE OF THE STATE OF CALIFORNIA, DIVISION 17 "GEOLOGIC HAZARD ABATEMENT DISTRICTS" (TRACT 14196/SJD PARTNERS. LTD) 8. DENIAL OF CLAIM OF TONY WANKET CONSTRUC"CION. INC. FOR DAMAGES AND CONTRACT EXTENSION INCURRED (170.10) As set forth in the Report dated November 3. 1998, from the City Attorney, the construction claim in the amount of 5900.000 was denied. The following item was removed from the Consent Calendar at the request of Mayor Jones: APPROVAL OF TOLLING AGREEMEN"1 - GORDON CAMMELL V. SJD PARTNERS LITIGATION (MEREDITH CANYON)(600.30) Written Communications: Report dated November 3, 1998, from the Cite Attorney,advising that homeowners affected by the May, 21, 1998, Meredith Canyon landslide have initiated litigation against SJD Partners, Ltd, but have not included the City, in the litigation at this point. The deadline for City Council Minutes -4- I I/3/98 PUBLIC HEARINGS L CONTINUA I ION OE HEARING RI7(i I)IX(I FORMATION OF GEOLOGIC IIAZARD ABATEMENT DISTRICT 98-01. lENTA'£IVE TRAC£ 14196 (Si PARTNERS. LTD./SUNC'ALN34�.90) Written Communications: Report dated December 1, 1998, from the Director of Engineering& Building,advising,that Tentative Tract No. 14196. (SunCal), was conditioned to establish a Geologic Hazard Abatement District for potential use in the event of a catastrophic slope failure. The District would provide a tool that future home owners may use to repair major slope failures in which bonds would be sold and repaid by property assessments over an extended period of time. The Report noted that the Via La Mirada landslide was outside the subject tract boundaries and was not subject to this action. The public hearing was set by Council resolution on November 3, 1998. William Huber. Director of Engineering and Building. made an oral presentation advising that new subdivisions must meet the Cit%'s Slope WarramN Program, %%Inch includes a Soils Displacement Program and the formation o1-the subject District. He noted that the District vWUld onh be activated at the direction of the residents living in the tract. Public HearmL,: Notice haeinu been ,,i%en as required h% law. %layor Greiner opened the Public Hearing and the following person, responded: 1. John Jan Curtis. 2692' Via Lu Mirada.stated that he had attended tonight's meeting in order to protest the Geologic 1 Lazard Abatement District Program. He stated that his is a red-tagged house which is uninhabitable due to the Via La Mirada landslide. IIc felt that formation of the District �wuid allow the developer to shift future burdens onto tuture residents: that the tract contained former slides, and in view of the LaMirada slide. it was irresponsible to go forward until issues regarding the slide %sere resoled kith tlnalit�. AIr. Curtis presented a letter dated December 1, 1998, outlininu, his concerns us to \%I N the Gcolo,,ic Hazard Abatement District is inappropriate. Council Member Camphell stated liar the record that clue to late receipt of the letter, she was unable to read and continent on it. In response to Council %lember SxNerdlin, the Cit% AuorneN felt there were misconceptions about the District: its creation did not shift the hurden. it was merely a foundation that holneo%A nCrS could choose to use i I nealcd hat it Acould not go forward without their consent. He indicated that the de%cloper's entitlement, %Acre not tied to formation of the District: howrccr_ he recotnmeudcd the (nrnuuiun he cnniinucd to alio» him time to meet �+i[h llir. Curtis regardim, this issue \11. I hoer udcixd that the Devclopment Agreement required Citv Council VMinute -IU- 12 1 98 OlmLiiioll I'', T. DI>tr!lt ^I''.,'!' '.I' ';il"'`A .I Ol 11!lLll lap'_ ,tall enUld COTILW Alith 111:1 itlhl> 1'11,1. _Ll:u 'JLI'.I'111'.1'_ '•'.Ill`.: .. I :C0Ill IllClldati U n to l o« at I cast the I l It \lI '. n::.tI lli'. Hca rhU r U U I I i i i cated that II de%eloper t I I d pttiI.Ithat the Co:Id It l o 11 IIOi i)C LI Il I l rem e nC o1 11U traCt U Is a Condition rannnxrnled by ,Taff includLd clue to si,-,nificant geotechnical problems e\pzrienced in the Clmnuulin . 3. Ron Freedman. Vicc President of S.ID Partners_concurred «ith%caicinL or deferrinL, the requirement to torm the Di,trict w at least allow their first Map to go tomard. He felt it was not appropriate for Li property owner who would not be a part of, or benefit from. the District to be allowed into the decision on forming the District. E3ob Nlikolaiczak. 26971 Via La Mirada,indicated he lives across the street from the (tomes affected be the slide and stated concern that the slide area had not vet been winterized. 4. .lack Luca,. attorneN for the home cm 1lers. stated that the initial winterization plan had called for removal oC maim portions of the residents hack yards. which was not acceptable. I le ads ised that SunCal had been request to place plastic and drainage over the area. Sun( Ld had prepared plans that the homeowners had approved: as ;non as the Cites approoed d1e plana the project could proceed. Jinn I.CC. 26962 y is I Ll Aliruda. stated tial his home v%as also red-tagged and that he «Lu distraUtLhC Doer the III;, of his hone and that he was tired of the City, the dei elopes and the atun'nC,and others ark*uing. Fie stated that emergency measures were nccded to vvmterize the slide arca. DISCusSln❑ ensued regarding the statu,of the winterization plans. Vlr. Freeman advised that the plans «ould be prescntcd to the Cite hN 8:00 a.m.. tomorrow morning and that they were on stand-h\ Lind readv to begin \oork as soon as the plans were approved. In response to Council ylenlhcr Campbell_ AIr. I luher Lick i.cd that staff mould need two to three dacs to rcvIC\% and appro\c the pialls. I here Nein_ un lul-thcr re,nnn.e. the Public I IeLIMIL was declared closed. Motion to t'nnMILIQ PU1111C I Jeanne. It Boas nune.t by ( ouncil Mealier S\verdlin. ,cconded by Council Mcmher Campbell Lind unanimou.,k curried to continue the public hearmL to Decemher I�, 1998,with the direction ei�en to Statt that the v\interization plan ibr the Mcredith Carron slide arca he approved lcithin 7_ hnurs Llltcr sceipt. noon_ receipt of the plan had been promised for 8:00 a.m. tonun-ro\� nlnrnime. ,111c1 the invtallati,m tel prncced inlmedILUCk tltercultcr. l u� ( nunal ,Allnute, -I I- I' 19V RI:SOLI lIO\ SO. 9S-I'-II SIi ARLISIIINO "\O t - 11,RNS" O\ SPRING STRLE f- .A RhSOLt l 10\ of "II IF CI FY COt'\CIL Ol. I l if CITY OF SAN .It AA' CAPIS IR.-ANO. CALIFORNIA. ES F.-ABLISHING "NO U- FURNS" FOR EAS- BOUND VF-LII('[,FS ON SPRING STRFF I LAS F OF EL C-AMINO RLAL RESOLUTION NO.98-12-15-6. REMOVING EXISTING "NO PARKING" ZONE - NORTH SIDE OF SPRING STREET- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO. CALIFORNIA. AUTHORIZING REMOVAL OF AN EXISTING "NO PARKING' ZONE ON THE NORTH SIDE OF SPRING STREET EAST OF EL CAMINO REAL The motion carried b% the Following �ote: AYES: C'ounciLVlembers.lones.Svicerdlin.Hart.Campbell and Mav or61-ciner \OLS: ,one ABSFN 1 : None PUBLIC HEARINGS I. CONTINUATION OF HEARING REGARDING FORMATION OF GEOLOGIC HAZARDABATEMEN'l DIS1 RICT98-0I. TENTATIVETRACFMAP#14196 (SJD PARTNERS. L'FD./SUNCAL) (CONTINUED FROM DECEMBER 1. 1998) (345., Written Communications: Report dated December 15. 1998. from the Director of Engineering c- Building. recommending* that this item he continued to the Januar. 5. 1999 meeting to allose the Citi Attorncv 's olfico udequute time to address k, ucs miscd at the December I . 1998. Council mectine. Continuation of PUNIC I Icarim_. Notice hating been given as rcyuired h\ Lm. Amor Greiner opened the Public Ifearing. I here hcing no responsc. it moN cd h� Council Member Campbell.seconded by Council Member Jones and unanimowly carried to continue the puhlic hearing to .lanuarN 5. 1999. DMINISTRATIVE ITEMS CFI Y \-IANAGFI� L SIAItSRI POR 101 ORI1'(i.AIII(Ill\\ \1' \11I10AIION PROGRAV'118110.'01 \Grittcn (communications: Report dated December 1 �. 199S ?om 11112 Principal \Ianu'-'cment .Analv st. sumnturizing the Ortega IIiulma� Mitiea[ion Ari 11012 Conunittcc-s rcconuncndation,a relating to noise CIR Council 1linutc5 --- I?'I� 98 required in conjunction with the proposed Weseloh Chevrolet and Honda dealership north of Stonehill Drive, was awarded to RBF Consulting Engineers in the amount of$44,550. 7. AWARD OF PERSONAL SERVICES AGREEMENT SEWER MAINTENANCE/INSPECTION PROGRAM (CDC ENGINEERING) (CIP NO. 713) (600.30) As set forth in the Report dated January 5. 1999, from the Director of Engineering and Building, the Personal Services Agreement for development of a Sewer Maintenance/Inspection Program was awarded to CDC Engineering, Inc., in the amount of $79,400. 8. APPROVAL OF AMENDMENTS TO APPENDIX A OF THE CITY'S CONFLICT OF INTEREST CODE-CLASSIFIED EMPLOYEES/MISCELLANEOUS TITLES 64(. 0.40) As set forth in the Report dated January 5, 1999, from the City Clerk, the amendments to Appendix A of the Local Conflict of Interest Code were approved to reflect recent Classification Plan amendments established bv_ the Fiscal Year 1998-99 Classified Employees Memorandum of Understanding. PUBLIC HEARINGS 1. CONTINUATION OF HEARING REGARDING FORMATION OF GEOLOGIC HAZARD ABATEMENT DISTRICT 98-01, TRACT MAP 14196 (SJD PARTNERS, LTD./SUNCAL)(345.90)(CON"FINUED FROM MEETING OF DECEMBER 15. 1998) Written Communications: Report dated January 5. 1999, from the Director of Engineering & Building, advising that Tentative Tract No. 14196 (SunCal) had been conditioned to establish a Geologic Hazard Abatement District for potential use in the event of a catastrophic slope failure. The District would provide a tool that future home owners may use to repair major slope failures. The Report advised that SunCal would be subject to all statutes prescribed by law and, within the ten-vear statute oflimitations. would be responsible for any slope failure resulting from their construction. I he City Attorney requested that this item be continued to the January 19, 1999 meeting. He advised that one of the owners affected b% the Meredith Canyon landslide had questioned the timing requirement for buttressing certain grading in the area, which would require further analvsis. Fle also advised that the adequac} of the geotechnical work done on the site was being reviewed. Continuation of Public Hearing: Notice having been given as required by law. Mayor Greiner opened the Public I tearing. There heing no response. it was moved by Council Member .Tones, seconded by Council Member Hart and unanimously carried to continue the public hearing to January 19, 1999. Cit% Council Minute, —l- 15 99 ADMINISTRATIVE ITEMS ENGINEERING AND BUILDING DIRECTOR I, CONTINUATION OF CONSIDERATION OF FUNDING AGREEMENT AND APPROPRIATION OF FUNDS - PASEO MONTE VISTA SEWER FACILITIES (HUBERT/HRIBAR/TRACY) (600.301 Written Communication Report dated January 5, 1999, from the Director of Engineering and Building, advising that the property owners participating in the referenced Funding Agreement had respectfully submitted a request to continue this item to an undetermined future date. Motion to Reschedule: It was moved by Council Member Campbell, seconded by Council Member Hart, and unanimously carried to reschedule this item for a future meeting. 2. APPROVAL OF FUNDING AGREEMENT AND BUDGET AMENDMENT FOR CITY PARTICIPATION IN THE SAN JUAN CREEK WATERSHED MANAGEMENT STUDY (COUNTY OF ORANGE)(600.50) Written Communications: Report dated January 5, 1999, from the Director of Engineering and Building advising that the County had requested that the benefitting agencies enter into a cooperative agreementand provide funding for a local funding match for the U.S. Army Corps of Engineers' Fcasibilitc Study for the San Juan Creek Watershed Management Program. The City was asked to contribute $60,000 to support the study. Approval of Aureement: It was moved by Council Member Jones. seconded by Council Member Swerdtin, and unanimously carried that the Funding Agreement and Budget Amendment for City Participation in the San Juan Creek Watershed Management Study be approved in the amount of$60,000: an appropriation of 530.000 was authorized from the 1998-99 Sewer Enterprise Fund balance and an appropriation of$30,000 was authorized from the 1998-99 Water Enterprise Capital funds. >. CONTINUA"CION OF CONSIDERATION OF FINAL"IRACf MAP 15686 AND THE IMPROVEMENT. CONSTRUCTION COST APPORTIONMENT REIMBURSEMENT AND FINANCIAL AGREEMENT (SUNCAI. DEVELOPMENT/SJD PARTNERS. LTD. - NORTH R&D SITE (420.30/600.60.60050) Written Communications: Report dated January 5, 1999. from the Director of Engineering and Building.recommending approval of Final Tract Map 1569h. The Final Map encompassed 34.7 acres kno%kn as the north Research and Development site. located at the southerly terminus of Valle Road along the casterhside of the I-� frceway. CitN Council Minutes William Huber, Director of Engineering and Building, requested that this item be continued to the Meeting of Jarman, 19, 1999,in conjunction with continuation of the Geologic Hazard Abatement District public hearing. Motion to Continue It was moved by Council Member Campbell, seconded by Council Member Jones and unanimously carried to continue this item to the Meeting of January 19, 1999. ORDINANCES 1. APPROVAL OF ORDINANCE AMENDING TITLE 4 OF THE MUNICIPAL CODE -SPEED LIMITS (59030) (ADOPTION) Written Communication: Report dated January 5, 1999, from the City Clerk advising that the Ordinance was introduced at the meeting of December 15, 1998 and was scheduled for adoption. Adoption of Ordinance: The City Clerk read the title of the Ordinance next in order. Further reading of all Ordinances had been waived earlier in the meeting. It was moved by Council Member Jones, seconded by Council Member Swerdlin, that the following Ordinance be adopted: ORDINANCE NO. 830, AMENDMENT TO TITLE 4 OF THE MUNICIPAL CODE, TRAFFIC REGULATIONS - ESTABLISHING SPEED LIMITS AT VARIOUS LOCATIONS-AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO. CALIFORNIA, ESTABLISHING PRIMA FACIF SPEED LIMITS AT VARIOUS LOCATIONS BY AMENDING SECTION 4-6.501. TITLE 4, CHAPTER 6, ARTICLE 5 OF TI IE SAN JUAN CAPISTRANO MUNICIPAL CODE: The motion carried by the tollo%cing cote: AYES: Council ivlemhCCS Jones.Swerdlin,I[art.Campbell and Mayor Greiner FOES: None ABSENT: None �. APPROVAL OF ORDINANCE AMENDING -IIILE 4 OF IIIE MUNICIPAL. CODE -TAXICAB REGULATIONS 1940.70) (ADOPTION) Written Communication: Report dated Jamar} ;, 1999. from the City Clerk advising that the Ordinance was introduced at the meeting of Decemher 1 1999 and was scheduled for adoption. Cin Cowicil Minutes -10- 15 99 L Lt. Leonard advised that the Deputies were maintaining a presence in the area for educational purposes and he supported the speed hump installation. Approval of Speed Hump Installation: It was moved by Council Member Jones, seconded by Council Member Campbell and unanimously carried to approve installation of the speed humps on Via de Agua between Camino Las Ramblas and Calle De Bonanza to direct staff to include funding in the Fiscal Year 1999-2000 Capital Improvement Budget. PUBLIC HEARINGS L CONTINUED CONSIDERATION OF PROPOSED GEOLOGIC HAZARD ABATEMENT DISTRICT 98-01, TRACT MAP 14196 (SJD PARTNERS, LTD./SUNCAL) (345.90) (CONTINUED FROM MEETING OF JANUARY 5, 1999 Written Communications: (1) Report dated January 5, 1999, from the Engineering and Building Director. advising that Tentative Tract No. 14196 (SunCal) had been conditioned to establish a (ieologic Hazard Abatement District for potential use in the event of a catastrophic slope failure. The District would provide a tool that future home owners may use to repair major slope failures. The Report advised that SunCal would be subject to all statutes prescribed by law and, within the ten-year statute of limitations, would be responsible for any slope failure resulting from their construction. (2) Memorandum dated January 18. 1999, from the Engineering and Building Director, advising that due to statutes governing the formation of the Geological Hazard Abatement District. this would be the last meeting by law for the Public Hearing. 'file Memorandum advised the City Attorney's review would not be complete and recommended actions to be followed at the meeting. (3) Memorandum dated January l8, 1999from the Engineering and Building Director. correcting the recommended course of action to note that the public hearing should he formally closed. rather than continued to an additional meeting. The Reportnoted that although the public Hearing would be closed, public comment could still be received at future meetings. Phe Engineering and Building Director made an oral presentation, recommending the item be continued until the process had been completed. fhe City Manager emphasized that even though the Public Ilearing would he closet. public input could still he received. public I[carina: Notice having been given as required by law, Mayor Jones opened the public hearing, and the following persons responded: I) John Jay Curtis. 26932 Via La Mirada, noting he was also addressing the Final 'I Tact Map 151686. scheduled later on the agenda. presented a letter dated Januar} N. 1999. relating to the SunCal project and the (ieologic Placard Abatement District. Cite ( ouncd Minute, -6- '19 99 fhe letter demanded that the Cite Council: refuse to approve a Final Tract Map_ suspend or revoke the developers buiiding, permits on the projcct� refuse to approve formation of the Geologic Hazard Abatement District; order preparation of a new Environmental Impact Report: require the developer to fully repair all damages associated with its failure to place appropriate fill mass at the base of the Via La Mirada hill: require the developer to compensate the victims of the slide fairly; and, require posting of a performance bond of$100,000,000 before recommencing work on the project. Council Member Campbell noted that due to late receipt of the letter she was unable to read and comment on it. (2) Becky Trowbridge, 26952 Via La Mirada, advised she had been evacuated on May 21 st and felt disheartened that the SunCal project was proceeding.She discussed how SunCal had dealt with residents who had been evacuated and felt the company could not be trusted. (3) Jim Lee, 26962 Via La Mirada, noted that his house had been yellow-tagged but he was still able to reside in it. He presented copies of a map showing where the slide had occurred and stated that 90% of the slide had been on City property. fie discussed grading that had occurred on his property at the toe of the slide and his leelim_ that SUnCal was irresponsible. He further indicated that the promised winterizing of the slopes had not been completed. (4) Lorrie Handen. 26992 Via La Nlirada,stated that the slide had removed City property that supported her back "v ard. She felt that SunCal had not followed the recommendations ofthe Environmentai Impact Report. She asked for protection of the residents and preparation of a new Environmental Impact Report. (5) Marion Lee. 26962 Via La Mirada, discussed the incomplete winterization project and how the slide had impacted their lives. There being no further response. Mavor Greiner closed the public hearing. Council Comments: Manor Greiner asked that the Staff respond to the winterization issue and Mr. Huber responded that the «intcrization plan required approval from all property owners, which had been received. aradmL to drain w'atcr uwav from the face ofthe landslide and then placement of plastic The developer had had a problem finding a suh-contractor to install the plastic. :A contractor had been found approminateh1-1 2 weeks prior who was willing to do the work. Mr. I luber advised that the Citv was monitoring the project. Council Member Hart inquired about alternatives should the dcticloper not comply and Mr. tuber advised that ponds were on file that v�outd cover winterization. I Iowevcr,to pull the bonds was a lengthy process. He stated the winterization was complete at this point and the plastic had been installed. In response to members of the audience who felt installation of the plastic was not complete, Mr. I Iuber advised lie vcould check the status of the project. "I he City Manager �t tcd that the developer N�ould be ,iN cn a specific deadline for compliance: if they tailed to complete the work the honds ��ould be pulled. ( m Council Minute, 1 19 99 Council Member Jones expressed great concern that the developer had been gi�en a specific deadline at the December 5, 1998 meeting and firm direction was needed. Council Member I Tart concurred that everything necessary to assure completion of the project should be clone forthwith. Council Member Jones stated mat the residents deserved to be kept apprized of the situation. Developer's Comments: Ron Freeman, Vice President of SJD Partners, 5109 East La Palma, Suite D, Anaheim, indicated that at the December 5th meeting they had been instructed to obtain a permit as soon as possible. The permit was issued on December 7th and they had proceeded to clear away the debris on the slope. However, it had been difficult to obtain bids for placement of the plastic because of the condition of the slope and the conditions for placing the plastic. They returned with a revised plan that had been approved by the plaintiffs and affected homeowners and they had installed those portions that were consistent with the first plan and with the revised plan. He felt the company had performed within the time frame given by Council. In response to the residents' concerns and Council Member Jones' concerns, Mr. Scarborough. City Manager, stated that Staff w;,uld meet with the residents on Januarv '_Oth to answ cr their questions and provide information regarding completion ofthc winterization project. Mayor Greiner reiterated that the item would be continued because deliberations were continuing; no decisions would be made until the City was satisfied with the results of the information being received and at this time there was no date certain for further consideration of the item. Continuation of Formation of Geologic Hazard Abatement District: With the consensus of the Council, Mayor Greiner directed that consideration of the formation of the Geologic Hazard Abatement District 98-01, Tentative Tract 14196 (SJD Partners,Ltd.. SunCal)be rescheduled upon completion of legal review of issues raised by the Via La Mirada homeowners and after receipt of the geotechnical information. RECESS AND RECONVENE Council recessed at 8:06 p.m. to comcne the San Juan Capistrano Community Redevelopment Agency and reconvened at 8:07 p.m. ADMINISTRATIVE ITEMS PLANNING DIRECTOR L STATUS REPOR"f ON GENERA PLAN UPDATE PROGRAM AND INTERIM URGENCY ORDINANCF (440.30) Written Communications: Report dated Januar 19. 1999, from the Planning Director, reporting on General Plan t;pdatc activitics widertaken during the past six months. I he Report ad%ised that the interim t!rgcncy Ordinance remains in effect until June 5, 1999 and can be extended For an additional 13 months if necessarx. Cih Council ixtinutcs -8- 1 '19 99 • The Planning Director made an oral presentation. advising that the proposed schedule mac result in adoption of the General Plan update 25 years following adoption of the current General Plan. Receive and File: It was moved by Council Member Swerdlin, seconded by Council Member Jones and unanimously carried to order the Report received and tiled. ENGINEERING AND BUILDING DIRECTOR 1. FINAL TRACT MAP 15686 AND "IMPROVEMENT, CONSTRUCTION COST APPORTIONMENT REIMBURSEMENT AND FINANCIAL AGREEMENT" (SUNCAL DEVELOPMENT/SJD PARTNERS, LTD.) REMOVED FROM CALENDAR (420.30/600.60/600.50)(CONTNUED FROM JANUARY 5, 1999] Written Communications: Report dated January 19, 1999, from the Engineering and Building Director,recommending approval of Tract 15686 and the Improvement, Construction Cost Apportionment Reimbursement and Financial Agreement. The Tract is known as the north Research and Development site, containing approximately 34.7 acres located at the southerly terminus of Valle Road along the easterly side of the 1-5 freeway. The tract is the first Final Map within Vesting Tentative Tract 14196,being developed by SunCal Development/SJD Partners, Ltd. Removal from Calendar: In conjunction with the Public Hearing action, it was moved by Council Member Campbell, seconded by Council Member Jones and unanimously carried to remove this item from the calendar and reschedule it at a future date. 2. CON'[1NUATION OF PROPOSED BUDGET AMENDMENT, PLANS AND SPECIFICATIONS. AND AUTHORIZATION TO RECEIVE BIDS - CAMINO DEL AViON LANDSCAPE PROJECT (CIP NO. 131) (600.30) Written Communications: Report dated January 19. 1999, from the Engineering and Building Director, advising that the conceptual landscape plan had been conditionally approved by the Planning Commission in Juno 1998. A consultant had been retained to prepare plans, specifications and project cost estimates. The Report noted that the project initially began as a small in-house project: however. it became apparent that more complex planning was needed;therefore,an increase in the project cost of$24,000 was requested for a total project cost of$50,000. The Lingineering and Building Director gave an oral presentation, noting that the plans and specifications had been completed for landscaping on the south side of Del Avion from the east side of the new Citation Home project to Via Del Amo. Council Comments: Council Member Jones expressed concern at an increase in cost of 534,000. He noted that development in that arca v%as going to continue and a landscape design approved and installed at this time ma%r not adequately address the future needs in the area. Mr. I tuber CaN Council Minutes -9- I. 1999 Jun-28-99 04 : 46P CSA Carlsbad 760 931 1020 P . 02 i • r&RCOTTON, SHIRES & ASSOCIATES, INC. CONSUI-rING ENGINEERS AND GEOLOGISTS June 28, 1999 ECO098 Mr. Bill Huber CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto San Juan Capistrano, CA 92675 SUBJECT: Geologic and Geotechnical Review of Potential Slope Instability North R & D Site and McCraken Hill Landslide RE: Pacific Point Project San Juan Capistrano, California Dear Mr. Huber: Ln accordance with the request of the City of San Juan Capistrano, we have performed a geologic and geotechnical review of potential slope instability at the North R & D Site and the McCraken Hill Landslide at the Pacific Point Project. Our review was completed utilizing the following reports prepared by Leighton and Associates (project geotechnical consultant): • Revised Report to Response to Preliminary Geotechnical Review Comments (Cotton, Shires and Associates), North R U D Site. Pacific Point Project (report), dated June 4, 1999, revised June 24, 1999; • Response to Preliminary Geotechnical Review Comments (Cotton. Shires and Associates), North R & D Site, Pacific Point Project (report), dated June 4, 1999; • Supplemental Geotechnical Investigation of the North R & D Site, Pacific Point Project (report), dated April 7, 1999; • Geotechnical Evaluation of the Impact of Proposed Grading Plan on the "B and "C' Category Perimeter Slopes, North R & D 4te, Pacific Point Project (report), dated January 29, 1999; and • Geotechnical Evaluation of the "A" and "B'" Cates*ory Perimeter Slopes, North R & D Site, Pacific Point Project (report), dated December 0, 1998 Review comments have been provided by Cotton, Shires and .Associates in the following reports: • Checklist Regarding Review Comments North R D site and .VcCrakEm Hill Landslide, dated lune 1, 1999; • Evaluation of Import Feasibility at the North R & D .Site, dated Maly 7, 1999: Southern California Office 'Northern California Office x145 �,,enl,ta En�'.nol • Suit, \ 110 b'illd,ge Luer l irlcba 1.C A U1L1.4-{1-4 1 ,,Cato,.C A 15010--71> �Erx?I y�i _700 • Fay -,.J1 `��:-!:1?Il In.ii Fy_'--,_ • F.t♦ 14i1,¢} i4J� Jun-28-99 04 : 47P CSA Carlsbad 760 931 1020 P • 03 Mr. Huber • June 28, 1999 Page 2 ECO098 • Preliminary Geotechnical Review Comments, North R & D Site, dated April 29, 1999; • Geotechnical Review (or North R & D Site, dated March 15, 1999; and • Preliminary Geologic and Geotechnical Review of Potential Slope Instability, dated March 1, 1999. The following report provides a summary of our review and our conclusions regarding slope stability at the North R & D Site and the ancient McCraken Hill Landslide which underlies the Pacific Point project. PURPOSE AND SCOPE OF REVIEW SERVICES The primary purpose of our review was to determine the potential level of risk that the active landslides of last spring and the currently dormant and static landslides might impose on future development of the North R & D site and the continued development of the Pacific Point Project. In addition, we have reviewed localized slope stability issues at the North R & D Site. Our services to date have included the following: • Meeting and consultation with representatives of the City of San Juan Capistrano • Research and review of available reports and documents • Geotechnical site reconnaissance • Logging and observation of selected supplemental exploratory borings, trenches, and excavations • Review of laboratory test data • Limited slope stability analyses • Site meetings with the project geotechnical consultant and developer • Preparation of this review report BACKGROUND The majority of the Pacitic Point project is underlain by a large dormant landslide known as the McCraken Hill Landslide. The vkCraken Hill Landslide complex is a massive, deep-seated landslide deposit that is located north of Camino Las Ramblas, extending from Meredith Canyon to the west beneath Interstate Highway 5 (1-51 to the valley floor near San Juan Creek. The landslide is approximately one square mile in area Several geotechnical investigations have been performed which have involved stability analyses for the (�n'i'rn�i Cum cc u A .-. ...,. •---.. -- - Jun-28-99 04:47P CSA Carlsbad 760 931 1020 P . 04 Mr. Huber June 28, 1999 Page 3 ECO098 McCraken Hill Landslide dating back to the 1960s. However, these analyses relied on relatively scant subsurface data to delineate the subsurface geometry of the landslide. Accurate characterization of the subsurface geometry and evaluation of the stability of the McCraken Hill Landslide is considered essential to the determination of the long-term slope stability for the Pacific Point project, as well as the North R & D Site, which is located near the toe area of the McCraken Hill Landslide. We have provided review comments and a series of recommended actions for the project geotechnical consultant to perform, in order to clearly characterize landslide features and analyze slope stability for the North R & D Site and the McCraken Hill Landslide. Review comments for other areas within the development, including the Via La Mirada Landslide, the Avocado Landslide and headscarp landslides have been provided in our referenced March 1, 1999 report as well as additional correspondence and are not addressed in this review. The focus of this review includes the following: • Selection of appropriate strength parameters for slope stability analysis. • Evaluation of deep-seated and surficial stability at the North R & D Site. • Analyzing the geologic features or slope stability conditions at the North R& D Site that would not be mitigated by the proposed project design or that could adversely affect development as currently proposed. • Determining the adequacy of currently proposed structural setbacks for the North R & D Site. • Evaluation of the subsurface geometry and stability of the McCraken Hill Landslide with consideration of post-construction grades and anticipated groundwater levels. • Evaluation of the potential for future or recent movement of headscarp landslides such as the Avocado Landslide, Via La Mirada Landslide and other dormant and active landslides at the perimeter of the Pacific Point project to adversely affect the stability of the McCraken Hill Landslide and/or the stability of the North R & D Site. In order to address our concerns, the project geotechnical consultant has performed supplemental geologic and geotechnical services including: drilling, logging and sampling of large diameter and small diameter exploratory borings at the North R & D Site and within the McCraken Hill Landslide. In addition, they have conducted laboratory tests, prepared and/or revised geologic maps and cross sections, and have completed seismic and slope stability analyses. The results of their supplemental investigation and analyses have been summarized in the above referenced reports. COTTON .riNlaFa .e� A ccn`'� r.-� •- � Jun-28-99 04 : 48P CSA Carlsbad 760 931 1020 P . 05 Mr. Huber June 28, 1999 Page 4 ECO098 CONCLUSIONS Based on the results of our review, it is our opinion that the consultant has adequately addressed our review concerns. The following presents a summary of our conclusions: • Strength parameters utilized in the analysis of the McCraken Hill Landslide and the North R & D Site are considered acceptable from a geotechnical standpoint. • Geologic features at the North R & D Site that would adversely affect slope stability should be mitigated by the proposed design. Off-site slopes that ascend from the North R & D Site have a deep-seated factor of safety of less than 1.5 and/or may be prone to surficial sloughing or debris flows. In these areas, the project geotechnical consultant has proposed a structural setback from the toe of slope. The proposed structural setbacks from the toe of slope at the North R & D Site are considered appropriate from a geotechnical standpoint. • A portion of the project geotechnical consultant's investigation of the North R & D Site was directed toward identification of "Landslide B" previously identified by Zeiser. The consultant has not been able to confirm the presence of "Landslide B" by their recent subsurface investigation. However, we believe that the landslide may be a deeper feature, with a basal rupture surface below the elevation reached by recent large-diameter borings. Nevertheless, the consultant has performed a stability analysis of a deep hypothetical rupture surface m this area. The analysis indicates an adequate factor of safety for deep-seated stability. This analysis adequately addresses our concerns in regard to Landslide B. • We concur with the project geotechnical consultant that the McCraken Hill Landslide is buttressed by alluvial deposits of San ivan Creek at the toe of the landslide (between 1-5 and San Juan Creek) and is grossly stable based on the proposed project design- Based on our review, it appears that the consultant has adequately characterized the landslide and performed appropriate slope stability analyses of the landslide. it should be noted that off-site activities at the toe of the landslide could affect the stability of the landslide in the future_ The Citv should require detailed geotechnical analysis of large-scale mass grading operations (cutting) in the lower reaches of the landslide that could remote support from the landslide_ The lower reaches of the landslide generally consist of the flat-lying areas along the western boundary of the Pacific Point project and extending westerly to San Juan Creek. • Recent and potential failures of the headscarp landslides such as the Via La Mirada and Avocado Landslide are considered to have negligible effects on the stability of the McCraken Hill Landslide and the North R & D Site. • Based on our review, it is our opinion that slope stability issues associated with development of the North R & D Site and the McCraken l ( ,nk Clllo rc a A r,,,,, • r ­1 Jun-28-99 04 : 48P CSA Carlsbad 760 931 1020 P . 06 Mr. Huber • • June 28, 1999 Page 5 ECO098 Hill Landslide have been adequately addressed by the geotechnical consultant. The data and analyses presented are considered acceptable to allow development of the North R & D Site. Please note that other slope stability issues remain in specific areas of the project that will be addressed in subsequent reviews, and will require the project geotechnical consultant to respond. LIMITATIONS This review has been performed to provide technical advice to assist the City in its discretionary permit decisions. Our services have been limited to review of the documents previously identified, a visual review of the site and aerial photographs of the site. Our opinions and conclusions are made in accordance with generally accepted principles and practices of the geotechnical profession. This warranty is in lieu of all other warranties,either expressed or implied. We appreciate the opportunity to offer our services to the Cit_v and trust that this provides you with the information that you need at this time. Respectfully submitted, COTTON, SHIRES AND ASSOCIATES, INC. I� ( I Stanley R. Helenschmidt Managing Geotechnical Engineer GE 2064 2�F— Fpm William R. Cotton Principal Engineering Geologist CEG 882 cc: Dan McFarland, City of San Juan Capistrano Don Terres, Leighton and Associates Ron Freeman, SJD Partners LTD • • MEMORANDUM June 23, 1999 TO: George Scarborough, City Manager FROM: John R. Shaw, City Attorney SUBJECT: Legal Opinion - SunCal Final Map Process R & D Site This memorandum is to provide a legal overview regarding the law as it relates to the proposed approval of the final map for the R & D site. By way of background, the City Council deferred taking action on the final subdivision map for the R & D site in January of this year. This delay resulted in part from Mr. John Curtis' objection to the City approving the final map at this time. His objections were based upon his concerns for his property which has been damaged by the Via La Mirada landslide. His objections were based upon: (1) allegations that the tentative map conditions of approval had been violated; (2) that a new EIR must be required in light of the landslide damage to date; (3) that geologic work done to date is inadequate in his opinion. Mr. Curtis further requests that a third geologist be retained to review the existing geologic studies. 1. The Subdivision Mao Act and the R & D Site Final Map. Mr. Curtis seeks to delay the entire project based upon the slide occurrence at the Via La Mirada site. This site is considerable distance from the R & D site which abuts the 1-5 freeway. The City Engineer has determined that there are no violations of the tentative map and that, in fact, the Developer's submission of the final map for just the R & D site is consistent with the applicable conditions of the tentative map. Under state law, a developer may file a final map dividing a parcel of real property in phases. Here, SunCal seeks only final map approval for the R & D site which is a much smaller portion of the entire project site. The California Subdivision Map Act provides that the City Council has no discretion to deny the final map if, in fact, the final map is consistent with applicable tentative map conditions. (See Government Code sections 66458; 66474.1.) The City Engineer, Mr. Huber, has certified that the final map is consistent with the tentative map. Further, the City has retained a third geologist, Cotton, Shires & Associates ("Cotton") to review the geologic studies that have been performed to date for the property. Cotton has now filed a report with the City concluding that the R & D site is geologically stable and may accommodate the commercial development authorized for this parcel. In addition, Cotton has concluded that the R & D site is not rendered unbuildable by reason of its proximate location to the ancient landslide area known as the "McCracken Hill" area. Based upon these facts, the City Council has a ministerial duty to approve the final map pursuant to the requirements of the California Subdivision Map Act. (See Government Code sections 66458; 66474.1.) 2. CEQA Argument. Mr. Curtis further contends that the City is under a legal duty to prepare an additional environmental study for the project simply because a slide has occurred at the Via La Mirada location. Under CEQA law, the City can only require environmental studies when the City is in receipt of an application for a discretionary land use entitlement. More specifically, CEQA applies only to government activities that are defined as "projects." The word "project" is further defined to include a public entity's action on proposed land use discretionary entitlements (see Public Resources Code section 21065, Guideline section 15378(c].) Here, SunCal has already been subjected to EIR analysis at the time of tentative map review. As noted above, an approval of a final map is, by law a ministerial action and cannot be viewed as a discretionary entitlement. Mr. Curtis' reliance on Public Resources Code section 21166 is misplaced. While this code provision authorizes a public entity to require more environmental analysis due to changed conditions or new information, the fact remains that the CEQA process is applicable only when a new application, or some revised application for a discretionary land use entitlement is filed with the City. In the SunCal situation, only a final map application is at issue. The City is, in fact, under a ministerial duty to approve the final map if it is consistent with the tentative map. The City Engineer has so recommended. MEMORANDUM TO: George Scarborough, City Manager John Shaw, City Attorney FROM: William M. Huber, Director of Engineering and Buildi DATE: June 23, 1999 SUBJECT: STABILIZATION OF THE VIA LA MIRADA LANDSLIDE PACIFIC POINT PROJECT (SUNCAL) SUMMARY The property owners and their representatives impacted by the landslide has raised a question regarding an environmental mitigation for the Pacific Point project which reads"the contractor should stabilize the site prior to development." The question is -- how can the City allow further development to occur by approving a final map when the developer is required to stabilize the landslide prior to development? The Planning Director and I have reviewed the controlling documents with respect to the condition and have determined that the word "developments" as used in the documents was meant to apply to building construction and does not apply to the approval of final maps. BACKGROUND A number of documents control Pacific Point Projects' landform grading. The documents reviewed include the following: 1. Comprehensive Development Plan 81-01 2. Pacific Point Development Agreement(August 6, 1992) 3. Final EIR, Vol 1, Pacific Point (August 1, 1991) 4. Certification of EIR 88-02 (Reso 91-8-20-3) The CDP provides the following: "Off-Site Grading in the Valley: The grading plan in the north end of the Valley is dependent on a sizeable buttress fill and a large daylight fill; both of which extend outside the project boundaries. The daylight fill poses no aesthetic problem, because this area is to be level with adjoining Valley fill levels. The buttress till will create a manufactured slope which will be approximately 40-50 feet high and about 800 feet in length. (Only the southerly one third of this fill T • • Stabilization of the Via la Mirada Landslide-Pacific Point Project(SunCap Page 2 June 23, 1999 will extend outside the subject property). Unconditional authorization for the off- site grading from the affected private property owners must be obtained. Inability to obtain such authorization may result in reduction of permitted units within the Valley." "Mass Grading (Valley. Window Hill, Las Ramblas. and R&D/Office Sites Grading activities for the entire Valley, Window Hill, Las Ramblas and R& D/office sites will occur in one continuous operation, requiring 12 to 18 months for completion. Proposed grading for the site is shown on Exhibit 15. Grading will start at the south R& D/office site and on Window Hill closest to the freeway. Grading operations will then move easterly up the Valley and Window hill. The existing southeast slope of Window Hill will be stabilized in conjunction with grading activities on the Las Ramblas parcel. Grading on the north R & D/office site will take place in conjunction with the mass grading of the Country Residential neighborhood." The EIR provides for the following: "Table 33 presents a summary of the grading anticipated to prepare the site for development. As can be seen, 92.5 percent of the excavation (i.e., cut) required for the project will occur in the Window Hill area. Nearly 87 percent of the fill materials will be required to stabilize existing landslides and create the building pads for the development proposed in the Valley." "Based on current analysis, approximately 2,000,000 cubic yards of cut and 1,850,000 cubic yards of till (i.e., 40 percent of the total amount of grading) is required to stabilize existing landslides which affect the site. Exhibit 36 indicates the approximate limits of the stabilization grading. This work occurs primarily on Window Hill, where it is necessary to reduce landslide pressure by removing material at the top of the landslide, and in the Valley, where a stability fill will be created along the toe of Window Hill's north slope. Additional stability tills will be constructed in the north R& D site and along the boundary between the Valley and the Meredith Canyon neighborhood. The stability fills in the Valley area and the northerly R & D site will be graded in such a manner so that they can be utilized for construction of building pads." "In order to stabilize landslides and to create the development area for the residential units in the Valley neighborhood, a significant amount of fill will be required. A total of 3,380,000 cubic yards of fill material will be strategically Stabilization of the Via la Mirada Landslide- Pacific Point Project(SunCal) Page 3 June 23, 1999 placed in the Valley neighborhood, compared to only 50,000 cubic yards of cut to create the residential development areas. This area will be raised to an average of between 10 feet to 40 feet in some areas. In addition, some excavation will be required north of McCracken Hill. These areas of cut will generally average 10 to 20 feet. Manufactured slopes in the Valley will vary but will not exceed 2:1." The EIR and the resolution certifying the EIR provide the following: "The contractor should stabilize the site prior to development. In order to preserve the natural slopes containing landslide debris, it is recommended that sufficient fill mass be placed in the toe area and if necessary, the top of the slide mass be excavated." It seems clear from these references that the intent was to permit the developer to mass grade the site and to utilize the excavated material being moved from the Window Hill area to function as fill material to buttress and stabilize the Meridith Canyon slide area. The condition above further requires the "Contractor", not developer, stabilize the site. This seems clear that it was intended that the work would be done by the developers' contractor in conjunction with the project site grading. The referenced condition also was written with respect to the slides along window hill, not the Meridith Canyon slide. This is evident in the second sentence where it is recommended that the top of the slide mass be excavated if necessary, which is what is proposed for Window Hill, not the Via La Mirada slide. We also noted in our review of the documents that there is not one reference or discussion relative to a requirement for the Meridith Canyon landslide to be stabilized prior to any grading or final map approval. It is, therefore, our opinion based on the review of the subject documents, that the meaning of"development" when used in relation to the Meridith Canyon landslide slope stabilization is interpreted to mean "prior to building construction". WMH/jt cc: D. McFarland T. Tomlinson RECORDED AT THE REQUEST OF AND RETURN TO: City of San Juan Capistrano City Clerk's Department 32400 Paseo Adelanto San Juan Capistrano, CA 92675 IMPROVEMENT AND REIMBURSEMENT AGREEMENT (ASSESSORS PARCEL #666-301-01,666-301-09 675-361-01 675-361-03,675-361-04 675-361-05 675-081-03 675-081-04 675-081-10, 675-081-14) THIS REIMBURSEMENT AGREEMENT is made by and between the City of San Juan Capistrano, hereinafter referred to as "City", and the SID PARTNERS, LTD., a California limited partnership, herein referred to as "Developer". Whereas, City has granted approvals for Tentative Tract 14196 (Resolution Nos. 92-6-16-4) which will be divided into multiple finals maps, and Whereas, Conditions of Approval require Developer to enter into an Agreement to provide for the construction of certain off-site traffic improvements. Whereas, City requires that those certain improvements as outlined,hereafter,be constructed conjointly with his development. NOW, THEREFORE, City and Developer mutually agree as follows: Section 1. Scope of Improvements/Pro-rata Share Obligations. The Developer shall design and construct the improvements as described in Attachment "A", Section I. Developers pro-rata share obligation for said improvements shall be as set forth below. Cost estimates and apportioned traffic shares as indicated were developed from past information and have not been validated by the City. The City will develop final detailed cost estimates and traffic apportionments when its traffic model is complete. Therefore,the Director of Engineering and Building is authorized to unilaterally adjust the below stated formula according tot he results of the completion of the traffic model study. When the results of the study have been determined,the City shall give written notice of the final percentage share allocation to Developer. ESTIMATED ESTIMATED ESTIMATED SUNCAL SUNCAL FACILITY COST SHARE % COST A. Camino Las Ramblas @ Via California - Signalization $120,000 94% $112,800 Construction Cost Apportionment and Reimbursement Agreement Page 2 ESTIMATED ESTIMATED SUNCAL SUNCAL FACILITY COST SHARE % COST B. Valle Road/San Juan Creek Road to I-5 Ramps - Widen Roadway $572,000 38% $217,360 C. Valle Road/I-5 Ramps to Forester Ranch Road - Widen Roadway $400,000 72% $288,000 D. Valle Road @ La Novia/I-5 Ramps Intersection - Realignment/ Signalization $600,000 37% $222,000 E. Camino Capistrano @ San Juan Creek Road- Add Northbound Right Turn $120,000 40% $48,000 F. Camino Capistrano @ I-5 Ramps Improvement & Signal Modifications $9U00 42% 37,800 TOTALS $1,902,000 $925,960 Section 2. Other Improvements. The Developer shall also pay its "fair share" of the improvements indicated in Attachment A, Section II, in accordance to the schedule therein. It should be noted the cost estimates and apportioned traffic shares as indicated were developed from past information and have not been validated by the City. The City will develop final detailed cost estimates and traffic apportionments when its traffic model is complete. The Director shall make the same determination based upon the completion of the study as set forth in Section 1. ESTIMATED ESTIMATED ESTIMATED SUNCAL SUNCAL FACILITY COST SHARE % COST A. Existing La Novia/Valle Road to 2500' East $2,427,000 15% $364,050 B. La Novia Widening/Valle Road to 2500' East $1,500,000 15% $225,000 Construction Cost Apportionment and Reimbursement Agreement Page 3 ESTIMATED ESTIMATED ESTIMATED SUNCAL SUNCAL FACILITY COST SHARE % COST C. Signalization San Juan Creek @ Valle Road $280,000 38% $106,400 TOTAL $4,207,000 $695,450 Section 3. Design Plans. Developer designed plans shall be submitted to the City Engineer for his review and approval prior to construction. Developer shall submit faithful performance and labor/material bonds in the amount of the approved Engineer's Cost Estimate for each item listed in Section 1 prior to beginning construction for projects covered by reimbursement. Said bonds shall be on a standard City form by an Agency approved by the City. Section 4. Reimbursement to Developer Pursuant to the development approvals given to Developer, Developer will be reimbursed a portion of the total cost of the project. Developer shall be reimbursed the above stated costs of the total project cost over a period of fifteen(15)years from the completion of the last improvement in Section 1 as provided in this Agreement. Timing of reimbursement payments will be according to actual proration contributions based on traffic generation from other developers in the area who develop their property within time period specified in Section 5. Section 5. Term of Agreement. This agreement shall run for a period of 15 years from the completion of the last improvement in Section 1. An extension of five years may be granted by the City upon written request of developer. Section 6. Time Frame for Repayment to Developer. The City shall cause such other Developers to make their pro-rata contribution upon the earlier of issuance of a building permit or approval of a Final Map. Section 7. Liability/Indemnification/Insurance. Developer holds City and its elected and appointed officials harmless from any claims or liabilities that may arise out of Developer's construction of improvements described in this Agreement. City holds Developer and its officers harmless from any claims or liabilities that may arise out of any improvements constructed by City or any operations and maintenance of the improvements by City. Construction Cost Apportionment and Reimbursement Agreement Page 4 Developer agrees to maintain liability insurance in the following amounts: I. Comprehensive General Liability. Developer or his agent shall maintain in full force and effect comprehensive general liability coverage, including premises operations, products/completed operations, broad form property damage and blanket contractual liability in the following minimum amounts: $1,000,000 property damage $1,000,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. II. Worker's Compensation. If Developer employs employees or subcontractors to perform services under this Agreement, Developer shall obtain and maintain, during the life of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by State law. These above stated policies shall not terminate nor shall they be canceled nor the coverage reduced until after 30 days' written notice is given to the City. Developer shall provide an endorsement to City establishing that City has been legally added as an additional insured to the liability policy required under this Agreement. Section 8. Force Maieure. None of the parties hereto shall be deemed to be in default if performance of the obligations required by this Agreement is delayed or becomes impossible because of any act of God, earthquake, fire, strike, sickness, accident, civil commotion, epidemic, act of government, its agencies or officers, or any legitimate cause beyond the control of the parties. Section 9. Notices. All notices, requests, demands, consents and other communications under this Agreement shall be in writing, including telex and facsimile transmission and shall be deemed to have been duly given on the date of service if served personally by telex or facsimile transmission or 48 hours after mailing if mailed by first class mail, registered, or certified, postage prepaid, return receipt requested, and properly addressed as follows: TO: SID PARTNERS, LTD. 5109 E. La Palma Avenue Suite D Anaheim, CA 92807 Construction Cost Apportionment and Reimbursement Agreement Page 5 TO: CITY OF SAN JUAN CAPISTRANO Attention: City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Section 10. Assignment. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective representatives, assigns and successors in interest. Section 11. Entire Aizreement. This Agreement contains the entire agreement between the parties hereto and supersedes any prior or concurrent written or oral agreement between said parties concerning the subject matter contained herein. There are no representations, agreements, arrangements or undertakings, oral or written, between or among the parties hereto relating to the subject matter contained in this Agreement which have not been fully expressed herein. DATE 2 — SID PARTNERS, LTD. a California Limited Partnership By: SID DEVELOPMENT CORP. a California Corporation By: Its: ��� Construction Cost Apportionment and Reimbursement Agreement Page 6 ATTACHMENT A PUBLIC IMPROVEMENTS SECTION 1 -- IMPROVEMENTS TO BE CONSTRUCTED BY DEVELOPER SUBJECT TO REIMBURSEMENT (REF: sect 7.1.2. DEV. AGREEMENT) 1. Intersection improvement and signalization of Camino Las Ramblas @ Via California. To be constructed prior to the first residential Certificate of Occupancy. 2. Widen Valle Road between San Juan Creek Road and the I-5 ramps to secondary standards, including traffic signal and power pole relocations, necessary grading, retaining walls and slope landscaping. To be constructed prior to first Certificate of Occupancy in the North R & D site or extension of"C" Street to La Novia, whichever occurs first. 3. Widen Valle Road between 1-5 ramps and Forester Ranch Road to commuter standards, including necessary grading, retaining walls, and landscaping. To be completed prior to issuance of first Certificate of Occupancy in the North R&D site, or extension of"C" Street to La Novia, whichever occurs first. 4. Intersection improvement and signalization of Valle Road/La Novia @ I-5 ramps including realignment of La Novia, grading and landscaping. To be completed prior to issuance of first Certificate of Occupancy in the North R & D site, or extension of"C" Street to La Novia, whichever occurs first. 5. Improvement and signal modifications of Camino Capistrano @ San Juan Creek Road to provide an additional northbound right turn lane, subject to Caltrans approval. To be completed prior to issuance of first Certificate of occupancy in the North R & D site, or extension of"C" Street to La Novia, whichever occurs first. 6. Improvement and signal modifications of Camino Capistrano @ I-5 ramps to provide an additional lane for combined right/left turns from the southbound off-ramp subject to Caltrans approval. To be completed prior to issuance of the first Certificate of Occupancy in the North R & D site or extension of"C" Street to La Novia, whichever occurs first. Construction Cost Apportionment and Reimbursement Agreement Page 7 SECTION II. IMPROVEMENTS REQUIRING DEVELOPER TO PAY A `FAIR SHARE' OF COST BASED ON DEVELOPERS PROPORTIONATE TRAFFIC GENERATION TO EACH PROJECT. 1. Existing La Novia, Valle road to 2500 feet east. "Fair share" to be paid prior to recordation of first (1 st) final map. 2. Widening of La Novia to secondary standards from Valle Road to 2500 feet easterly. "Fair Share" to be paid prior to the sixtieth (60th) Certificate of Occupancy in Phase "IIP' of the Conceptual Phasing Plan. 3. Improvement and signalization of the San Juan Creek @ Valley Road Intersection. "Fair Share" to be paid prior to the sixtieth (60th) Certificate of Occupancy in Phase "IIP' of the Conceptual Phasing Plan. VR OS T_ CR .ER 71 'dARD NORTH RESEARCH AND DEVELpMM SITE LEGEND • (�R Country Residential ROSS Recreation Open Space ER Estate Residential Village Resldenual Pi Public Institutional f� GR Garden Residential RD Research 8 Developrnent OSS General Open Space ViR Vista Residential CONCEPTUAL LAND USE Exhibit 12 AN AMENDMENT TO THE FORSTER CANTON COMPREHENSIVE DEVELOPMENT PLAN AGENDA ITEM January 19, 1999 TO: George Scarborough, City Manager FROM: William M. Huber, Director of Engineering & Building SUBJECT: Consideration of Final Tract Map 15686 and the Improvement, Construction Cost Apportionment Reimbursement and Financial Agreement (SunCal Development/SJD PARTNERS, LTD.). RECOMMENDATION 1. Approve the Final Map for Tract No. 15686 as it conforms to the requirements set forth in the Subdivision Map Act, the approved Tentative Tract Map conditions and the Development Agreement. 2. Authorize the City Engineer and the City Clerk to execute the Final Map. 3. Authorize the Mayor and City Clerk to execute the "Improvement, Construction Cost Apportionment Reimbursement and Financial Agreement". 4. Direct the City Clerk to forward the Map and the "Improvement, Construction Cost Apportionment Reimbursement and Financial Agreement" to the County Recorder. SITUATION A. Summary gnd Recommendation SJD PARTNERS, LTD., the current developer of the 256 acres in real estate property known as Vesting Tentative Tract 14196, has submitted the first Final Map within their Tentative tract for City Council consideration and approval. The subject north R&D site, which is about 34.7 acres, is located at the southerly terminus of Valle Road along the easterly side of the I-5 Freeway. The Final Map has been reviewed by the Engineering Division and was found to be in conformance with the Tentative Tract Map and the Subdivision Map Act. All applicable conditions of approval required by Resolution 92-6-16-4 (Attachment 1)and by the Development Agreement(on file at City Clerk's office)have been met. All applicable fees have been paid to the City and the developer has signed the City's "Improvement, Construction Cost Apportionment Reimbursement and Financial Agreement" (Attachment 2). As of this writing, the City Attorney's office had not completed its review of the legal issues raised by the Via La Mirada homeowners, therefore, staff will provide a verbal update at the meeting. If the legal review is not complete, staff will again, request this item be continued to the February 2, 1999 Council meeting. FOR CITY COUNCIL AGEN6Z - �0 AGENDA ITEM -2- December 15, 1998 B. Backkround On June 16, 1992, the City Council approved TMC Development/Pacific Point's Vesting Tentative Tract Map 14196, which allowed the subdivision of a 256-acre land,into several lots, among which is the North Research& Development lot. At this time, the developer is requesting to final the Map for this single lot site. Any future development of the property will require future discretionary applications to be processed consistent with the provisions of the Forster Canyon Planned Community Comprehensive Development Plan. In addition, this subdivision is required to construct and/or participate in certain off-site improvements. An "Improvement, Construction, Cost Apportionment Reimbursement and Financing Agreement"is included as part of this Agenda Item. These off- site improvements include the following: 1. Intersection improvement and signalization of Camino Las Ramblas @ Via California. To be constructed by the developer prior to the first residential Certificate of Occupancy. 2. Widen Valle Road between San Juan Creek Road and the I-5 ramps including traffic signal and power pole relocations, necessary grading, retaining walls and slope landscaping. To be constructed by the developer prior to first Certificate of Occupancy in the North R&D site or extension of"C" Street to La Novia, whichever occurs first. 3. Widen Valle Road between I-5 ramps and Forester Ranch Road to commuter standards, including necessary grading, retaining walls, and landscaping. To be constructed an completed by the developer prior to issuance of first Certificate of occupancy in the North R& D site, or extension of"C" Street to La Novia, whichever occurs first. 4. Intersection improvement and signalization of Valle Road/La Novia @ I-5 ramps including realignment of La Novia, grading and landscaping. To be constructed and completed by the developer prior to issuance of first Certificate of Occupancy in the North R& D site, or extension of"C" Street to La Novia, whichever occurs first. 5. Improvement and signal modifications of Camino Capistrano @ San Juan Creek Road to provide an additional northbound right turn lane, subject to Caltrans approval. To be constructed and completed by the developer prior to issuance of first Certificate of Occupancy in the North R&D site, or extension of"C" Street to La Novia, whichever occurs first. 6. Improvement and signal modifications of Camino Capistrano @ I-5 ramps to provide an additional lane for combined right/left turns from the southbound off-ramp subject to Caltrans approval. To be constructed and completed by the developer prior to issuance of the first Certificate of Occupancy in the North R& D site or extension of"C" Street to La Novia, whichever occurs first. 7. Existing La Novia,Valle road to 2500 feet east. "Fair share" to be paid by the developer prior to recordation of first(1st) final map. AGENDA ITEM -3- December 15, 1998 8. Widening of La Novia to secondary standards from Valley Road to 2500 feet easterly. "Fair Share" to be paid by the developer prior to the sixtieth (60th) Certificate of Occupancy in Phase "III" of the Conceptual Phasing Plan(on file at City Clerk's office). 9. Improvement and signalization of the San Juan Creek @ Valle Road Intersection. "Fair Share" to be paid by the developer prior to the sixtieth (60th) Certificate of Occupancy in Phase "IIP' of the Conceptual Phasing Plan (on file at City Clerk's office). The City Planning Director has approved the covenants, conditions and restrictions (CC&R's) for the subject Tract. The final items listed below have been reviewed and found to be in compliance with the requirements of the Final Tract Map: 1. Applicable Subdivision fees 2. "Improvement,Construction Cost Apportionment Reimbursement and Financial Agreement" executed in duplicate C. Via La Mirada Landslide Homeowner John Curtiss has filed a letter dated December 1, 1998 with he City in which he generally objects to the City approving any further development permits for this project. Further, on December 29, 1998, Mr. Curtiss raised additional legal issues requiring City Attorney's review. Due to the timing of these issues and the necessity for thorough review in order to render a legal opinion,the map approval was continued to Council's January 19, 1999 meeting. As of this writing, the City Attorney was reviewing the matters and had not rendered his legal opinion. Staff will provide this information at the January 19, 1999 meeting. If the review is incomplete at the January 19, 1999 meeting, staff will request this item be continued to the February 2, 1999 Council meeting. COMMISSIONBOARD REVIEW. RECOMMENDATIONS This original tentative map was previously reviewed and approved by the Planning Commission and City Council. FINANCIAL CONSIDERATIONS All applicable fees have been paid and the required sureties posted with the City. NOTIFICATION SunCal Companies, Developer Hunsaker& Associates, Project Engineer AGENDA ITEM -4- December 15, 1998 ALTERNATE ACTIONS 1. Approve the Final Tract Map 15686 and the "Improvement, Construction Cost Apportionment Reimbursement and Financial Agreement". 2. Continue item to February 2, 1999 to allow City Attorney time for review of legal issues. 3. Do not adopt the Final Tract Map 15686 and the "Improvement, Construction Cost Apportionment Reimbursement and Financial Agreement". 4. Refer to Staff for additional information. RECOMMENDATION 1. Approve the Final Map for Tract No. 15686 as it conforms to the requirements set forth in the Subdivision Map Act, the approved Tentative Tract Map conditions and the Development Agreement. 2. Authorize the City Engineer and the City Clerk to execute the Final Map. 3. Authorize the Mayor and City Clerk to execute the "Improvement, Construction Cost Apportionment Reimbursement and Financial Agreement". 4. Direct the City Clerk to forward the Map and the "Improvement, Construction Cost Apportionment Reimbursement and Financial Agreement" to the County Recorder. Respectfully /Submitted: j Prepared By: William M. Huber, P.E. *aucair Director of Engineering & Building eer WMH/SS:ss Attachments: 1. Resolution 92-6-16-4 for Tentative Map 14196 2. Improvement, Construction Cost Apportionment Reimbursement and Financial Agreement 3. Location Map A\1-19a&D wrD RESOLUTION NO. 92-6-16-4 APPROVING TENTATIVE TRACT 14196 AND LANDFORM CONTROL DISTRICT TMC PACIFIC POINT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE TRACT 14196, LANDFORM CONTROL DISTRICT PLAN, SUBDIVISION WAIVER AND TREE REMOVAL PERMIT (TMC/PACIFIC POINT) WHEREAS, the applicant, Mike Schlesinger, TMC Development, Inc., 3080 Bristol Street, Suite 150, Costa Mesa, California 92626, has submitted Tentative Tract Map 14196, Landform Control District Plan, subdivision waiver, and tree removal plan for 256 acres in accordance with the Forster Canyon Comprehensive Development Plan (CDP 81-1), generally located parallel to the east side of I-5 between Camino Las Ramblas and Valle Road off-ramp; and, WHEREAS, the City's Environmental Review Board has found, at its February 25, 1992 meeting, that the tentative tract map, as well as its environmental impacts, are essentially the same as those disclosed in the previously certified Final Environmental Impact Report (EIR) for TMC/Pacific Point; and, WHEREAS, the City Traffic and Transportation Commission, at its April 8, 1992 meeting, recommended approval subject to conditions; and, WHEREAS, the Equestrian Commission, at its April 13, 1992 meeting, recommended approval subject to conditions; and, WHEREAS, the Planning Commission, at its May 26, 1992 meeting, recommended approval of Tentative Tract 14196, Subdivision Waiver, Zone Variance and Tree Removal Permit; WHEREAS, a public hearing has been duly advertised and held to review and receive public testimony on the application; and, WHEREAS, a preliminary fuel modification plan has been approved by the Planning Commission Resolution; and, WHEREAS, the Planning Commission has recommended that a Development Agreement be adopted by the City Council which requires completion of public improvements and establishes standards for grading and phasing; and, WHEREAS, the City Council of the City of San Juan Capistrano finds and determines as follows: Tentative Tract MaD 1. The proposed tentative tract mao, as conditioned, and its design, circulation, and land uses and densities are consistent with the General Paan. -I- 2. The proposed tentative tract map, as conditioned, conforms to all applicable requirements of the amended Forster Canyon Comprehensive Development Pian (CDP 81-1). 3. The tentative tract map is physically suitable for the development of the tentative tract in that the Certified EIR analyzed the development concept acd identified mitigation measures to ensure compatibility. 4. The ultimate build out of the tentative tract map will comply with the residentia' unit counts of the CDP and General Plan. 5. The tentative tract map will not cause substantial environmental damage in that mitigation measures and the mitigation monitoring program will adequately resolve any potential environmental concerns as identified in the Environmental Impact Report. 6. The Environmental Impact Report Mitigation Plan will ensure that the ultimate development of the tract as conditioned will comply with all applicable public health and safety standards. 7. The design or improvements of the proposed project will not conflict with easements acquired by the public at large for access through or use of tract within the proposed project. Tree Removal 1. The tentative tract has been designed to preserve the maximum number of trees; 121 of 129 trees will be saved. 2. Extensive corrective grading required to stabilize the site necessitates removal of 8 trees. Subdivision Waiver 1. The deviation from the Municipal Code Section 9-4.112(b) provides subtle contouring and rounding of the slopes and better contains the area of grading, while maintaining acceptable terraces and benches. Landform Control District 1. The conceptual grading plans as adopted in the CDP and the visual analysis slides determine grading consistency and attainment of aesthetic objectives such as natural contouring, landscaping and break-up of long, linear building lines as defined by the Comprehensive Development Plan. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano, does hereby approve Tentative Tract Map 14196, Landform Control District, Subdivision Waiver and Tree Removal Permit, subject to the following conditions: 1. Prior to issuance of a grading permit, the subdivider shall complete the following: -2- � � 1 • a) The equestrian trail design, including supporting documentation of all necessary easements, ,hall be approved by the City Engineer. b) A preservation and protection plan shall be submitted for approval by the Director of Planning. It shall address trees, limits of grading and areas of construction activities, project site access, etc. c) A soil subsidence insurance or warranty program shall be approved by the City Council. d) A construction mitigation program that complies with Section V1-G of the CDP shall be approved by the Director of Planning and the Director of Engineering and Building and Safety. e. The natural open space boundary shall be delineated on site to be readily identifiable to construction workers for approval by the Director of Planning. Fencing may be required as determined by the Director of Planning. f. Any off-site grading will require written permission of the property owner affected. Said written notice shall be notarized and filed with the City Engineer. 2. Prior to final map approval, the subdivider shall complete the following: a. CC6cR's shall be approved by the City Council to establish a Homeowners Association to provide for the maintenance of all recreational facilities, landscaping and common areas. Landscape maintenance standards shall comply with the City's severe *gee trimmirg r:andards, Section 9-3.625 of the Municipal Code. b. Rolled curbs and drainage swales may be approved by the City Engineer for Streets C, 7, K, L, M, N, O, P, R Lac S, subject to review of storm water runoff containment in the streets and protection of parkway improvements. Where adverse conditions occur, standard curb and gutter shall be provided. C. A Geologic Hazard Abatement District shall be formed and approved by the City Engineer. d. Sewer improvements shall include provisions for servicing of McCracken Hill area which is presently using septic facilities. Sewer improvements shall be gravity flow at all locations. e. The design for the grass-lined channel adjacent to the west side of ".A" Street shall be subject to review and approval by the City Engineer. Where adverse conditions occur, standard storm drain Shall be designed and constructed. -3- • 0 f. A precise fuel modification plan shall be submitted and approved by the City Engineer and the Orange County Fire Department. g. Design of potentially gated streets shall be in accordance with Municipal Code Section 8-13 and OCEhtA Standard 1107. h. The flair width of the equestrian and bicycle trails shall be 14 feet at intersections for maintenance access and motorcycle barrier installation. i. Utility facilities shall be underground. Vaults, transformers, junction boxes, pressure relief valves, or any similar device of any utility shall not be permitted above ground. Utility vaults and boxes shall not be permitted in any street pavement, sidewalk, ecuestrian trail, bikeway or similar public facility. Catch basin surfaces shall not protrud, into equestrian trail surfaces. j. No obstructions shall be allowed in any sidewalk or parkway which reduces the width to less than 4 feet. k. All lots not currently identified such as the drainage channel, adjacent to Lot G and north of "D" Street along "A" Street shall be labeled as lettered lots on the final map to be owned and maintained by the Homeowners Association. 1. Dedicate access easements to open space next to Lots 239, 124, 130 and Lot A on the final map. m. The cross-section of "C" Street shall have a minimum one foot bench adjacent to any hard surface, right-of-way line, slope or trail. n. Warning signs shall be installed on both the trail and street with 'Trail Crossing Ahead" stenciled on the pavement at all intersections with trail crossings. 3. This approval is contingent upon and subject to the execution of the Development Agreement. PASSED, APPROVED, AND ADOPTED this 16th day of June 1992. GI ATTEST: MAYOR CITY -4- X73 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. 92-6-16-4 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 16th day Of June 1992, by the following vote: AYES: Councilmen Friess, Harris and Mayor Jones NOES: Councilman Vasquez ABSTAIN: None ABSENT: Councilman Hausdorfer (SEAL) CHERYL JOHNSON, CITY CLERK' -5- RECORDED AT THE REQUEST OF AND RETURN TO: City of San Juan Capistrano City Clerk's Department 32400 Paseo Adelanto San Juan Capistrano, CA 92675 IMPROVEMENT AND REIMBURSEMENT AGREEMENT (ASSESSORS PARCEL #666-301-01,666-301-09, 675-361-01, 675-361-03, 675-361-04, 675-361-05, 675-081-03, 675-081-04, 675-081-10, 675-081-141 THIS REIMBURSEMENT AGREEMENT is made by and between the City of San Juan Capistrano, hereinafter referred to as "City", and the SJD PARTNERS, LTD., a California limited partnership, herein referred to as "Developer". Whereas, City has granted approvals for Tentative Tract 14196 (Resolution Nos. 92-6-16-4) which will be divided into multiple finals maps, and Whereas, Conditions of Approval require Developer to enter into an Agreement to provide for the construction of certain off-site traffic improvements. Whereas,City requires that those certain improvements as outlined,hereafter, be constructed conjointly with his development. NOW, THEREFORE, City and Developer mutually agree as follows: Section 1. Scope of Improvements/Pro-rata Share Obligations. The Developer shall design and construct the improvements as described in Attachment "A", Section I. Developers pro-rata share obligation for said improvements shall be as set forth below. Cost estimates and apportioned traffic shares as indicated were developed from past information and have not been validated by the City. The City will develop final detailed cost estimates and traffic apportionments when its traffic model is complete. Therefore,the Director of Engineering and Building is authorized to unilaterally adjust the below stated formula according tot he results of the completion of the traffic model study. When the results of the study have been determined, the City shall give written notice of the final percentage share allocation to Developer. ESTIMATED ESTIMATED ESTIMATED SUNCAL SUNCAL FACILITY COST SHARE % COST A. Camino Las Ramblas A Via California - Signalization $120,000 94% $112,800 Construction Cost Apportionment and Reimbursement Agreement Page 2 ESTIMATED ESTIMATED SUNCAL SUNCAL FACILITY COST SHARE % COST B. Valle Road/San Juan Creek Road to I-5 Ramps - Widen Roadway $572,000 38% $217,360 C. Valle Road/1-5 Ramps to Forester Ranch Road - Widen Roadway $400,000 72% $288,000 D. Valle Road @ La Novia/I-5 Ramps Intersection- Realignment/ Signalization $600,000 37% $222,000 E. Camino Capistrano @ San Juan Creek Road - Add Northbound Right Turn $120,000 40% $48,000 F. Camino Capistrano @ 1-5 Ramps Improvement & Signal Modifications $90,000 42% 37.800 TOTALS $1,902,000 $925,960 Section 2. Other Improvements. The Developer shall also pay its "fair share" of the improvements indicated in Attachment A, Section II,in accordance to the schedule therein. It should be noted the cost estimates and apportioned traffic shares as indicated were developed from past information and have not been validated by the City. The City will develop final detailed cost estimates and traffic apportionments when its traffic model is complete. The Director shall make the same determination based upon the completion of the study as set forth in Section 1. ESTIMATED ESTIMATED ESTIMATED SUNCAL SUNCAL FACILITY COST SHARE% COST A. Existing La Novia/Valle Road to 2500' East $2,427,000 15% $364,050 B. La Novia Widening/Valle Road to 2500' East $1,500,000 15% $225,000 Construction Cost Apportionment and Reimbursement Agreement Page 3 ESTIMATED ESTIMATED ESTIMATED SUNCAL SUNCAL FACILITY COST SHARE % COST C. Signalization San Juan Creek @ Valle Road S281000 38% $106,400 TOTAL $4,207,000 $695,450 Section 3. Desien Plans. Developer designed plans shall be submitted to the City Engineer for his review and approval prior to construction. . Developer shall submit faithful performance and labor/material bonds in the amount of the approved Engineer's Cost Estimate for each item listed in Section 1 prior to beginning construction for projects covered by reimbursement. Said bonds shall be on a standard City form by an Agency approved by the City. Section 4. Reimbursement to Developer Pursuant to the development approvals given to Developer, Developer will be reimbursed a portion of the total cost of the project. Developer shall be reimbursed the above stated costs of the total project cost over a period of fifteen(15)years from the completion of the last improvement in Section 1 as provided in this Agreement. Timing of reimbursement payments will be according to actual proration contributions based on traffic generation from other developers in the area who develop their property within time period specified in Section 5. Section 5. Term of Agreement. This agreement shall run for a period of 15 years from the completion of the last improvement in Section 1. An extension of five years may be granted by the City upon written request of developer. Section 6. Time Frame for Repayment t� o Developer. The City shall cause such other Developers to make their pro-rata contribution upon the earlier of issuance of a building permit or approval of a Final Map. Section 7. Liability/Indemnification/Insurance. Developer holds City and its elected and appointed officials harmless from any claims or liabilities that may arise out of Developer's construction of improvements described in this Agreement. City holds Developer and its officers harmless from any claims or liabilities that may arise out of any improvements constructed by City or any operations and maintenance of the improvements by City. Construction Cost Apportionment and Reimbursement Agreement Page 4 Developer agrees to maintain liability insurance in the following amounts: I. Comprehensive General Liability. Developer or his agent shall maintain in full force and effect comprehensive general liability coverage, including premises operations, products/completed operations, broad form property damage and blanket contractual liability in the following minimum amounts: $1,000,000 property damage $1,000,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. II. Worker's Compensation. If Developer employs employees or subcontractors to perform services under this Agreement, Developer shall obtain and maintain, during the life of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by State law. These above stated policies shall not terminate nor shall they be canceled nor the coverage reduced until after 30 days' written notice is given to the City. Developer shall provide an endorsement to City establishing that City has been legally added as an additional insured to the liability policy required under this Agreement. Section 8. Force Majeure. None of the parties hereto shall be deemed to be in default if performance of the obligations required by this Agreement is delayed or becomes impossible because of any act of God, earthquake, fire, strike, sickness, accident, civil commotion, epidemic, act of government, its agencies or officers, or any legitimate cause beyond the control of the parties. Section 9. Notices. All notices, requests, demands, consents and other communications under this Agreement shall be in writing, including telex and facsimile transmission and shall be deemed to have been duly given on the date of service if served personally by telex or facsimile transmission or 48 hours after mailing if mailed by first class mail, registered, or certified, postage prepaid, return receipt requested, and properly addressed as follows: TO: SJI) PARTNERS, LTD. 5109 E. La Palma Avenue Suite D Anaheim, CA 92807 Construction Cost Apportionment and Reimbursement Agreement Page 5 TO: CITY OF SAN JUAN CAPISTRANO Attention: City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Section 10. Agreement Runs with the Land. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective representatives, assigns and successors in interest. Section 11. Entire Agreement. This Agreement contains the entire agreement between the parties hereto and supersedes any prior or concurrent written or oral agreement between said parties concerning the subject matter contained herein. There are no representations, agreements, arrangements or undertakings, oral or written, between or among the parties hereto relating to the subject matter contained in this Agreement which have not been fully expressed herein. DATE SID PARTNERS, LTD. a California Limited Partnership By: SID DEVELOPMENT CORP. a California Corporation By: Its: DATE CITY OF SAN JUAN CAPISTRANO By: Attest: APPROVED AS TO FORM CITY CLERK CITY ATTORNEY Construction Cost Apportionment and Reimbursement Agreement Page 6 ATTACHMENT A PUBLIC IMPROVEMENTS SECTION 1 -- IMPROVEMENTS TO BE CONSTRUCTED BY DEVELOPER SUBJECT TO REIMBURSEMENT (REF: sect 7.1.2. DEV. AGREEMENT) 1. Intersection improvement and signalization of Camino Las Ramblas @ Via California. To be constructed prior to the first residential Certificate of Occupancy. 2. Widen Valle Road between San Juan Creek Road and the 1-5 ramps to secondary standards, including traffic signal and power pole relocations, necessary grading, retaining walls and slope landscaping. To be constructed prior to first Certificate of Occupancy in the North R & D site or extension of"C" Street to La Novia, whichever occurs first. 3. Widen Valle Road between I-5 ramps and Forester Ranch Road to commuter standards, including necessary grading, retaining walls, and landscaping. To be completed prior to issuance of first Certificate of Occupancy in the North R&D site, or extension of"C" Street to La Novia, whichever occurs first. 4. Intersection improvement and signalization of Valle Road/La Novia @ I-5 ramps including realignment of La Novia,grading and landscaping. To be completed prior to issuance of first Certificate of Occupancy in the North R & D site, or extension of"C" Street to La Novia, whichever occurs first. 5. Improvement and signal modifications of Camino Capistrano @ San Juan Creek Road to provide an additional northbound right turn lane, subject to Caltrans approval. To be completed prior to issuance of first Certificate of occupancy in the North R & D site, or extension of"C" Street to La Novia, whichever occurs first. 6. Improvement and signal modifications of Camino Capistrano @ 1-5 ramps to provide an additional lane for combined right/left turns from the southbound off-ramp subject to Caltrans approval. To be completed prior to issuance of the first Certificate of Occupancy in the North R& D site or extension of"C" Street to La Novia, whichever occurs first. Construction Cost Apportionment and Reimbursement Agreement Page 7 SECTION II. IMPROVEMENTS REQUIRING DEVELOPER TO PAY A `FAIR SHARE' OF COST BASED ON DEVELOPERS PROPORTIONATE TRAFFIC GENERATION TO EACH PROJECT. 1. Existing La Novia, Valle road to 2500 feet east. "Fair share" to be paid prior to recordation of first (1 st) final map. 2. Widening of La Novia to secondary standards from Valle Road to 2500 feet easterly. "Fair Share" to be paid prior to the sixtieth (60th) Certificate of Occupancy in Phase "III" of the Conceptual Phasing Plan. 3. Improvement and signalization of the San Juan Creek @ Valley Road Intersection. "Fair Share" to be paid prior to the sixtieth (60th) Certificate of Occupancy in Phase "III" of the Conceptual Phasing Plan. VR OS CR .ER �— RC �• � GO �� _ 'm - ti—"— ER NORTH RESEARCH AND DEVELOP,= SITE tFGEND CR Country Residential ROS Recreation Open Space ( Estate Residential VR village Residential PI Pubhc Institutional GR Garden Residential RD Research& Development OS I AR General Open Space Vvista Residential CONCEPTUAL LAND USE «l Exhibit iz � AMENDMENT TO THE FORSTER CANYON COMPREHENSIVE DEVELOPMENT PLAN 32400 PA5E0 ADELANTO MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 14N LWl OLLENECAMPBELL JOHN R (949)493-I 171 j�j Inwwuue MATT HART HART (949)493-1053 (FAX) uunlMu 1961 GILJONES 1776 DAVID M.SWERDLIN CITY MANAGER GEORGE SCARBOROUGH January 21, 1999 Mr. Ronald A. Freeman SunCal Companies 5109 East La Palma, Suite D Anaheim, California 92807 Re: Geologic Hazard Abatement District 98-1/Final Tract Mao 15686 Dear Mr. Freeman: At their meeting of January 19, 1999, the City Council of the City of San Juan Capistrano conducted the public hearing regarding the proposed formation of a Geologic Hazard Abatement District for Tract 14196. Following public testimony,the public hearing was closed and action on the item was deferred to a future meeting to allow time to complete a legal review of issues raised by residents of Via la Mirada and for receipt of geotechnical information. The City Council also deferred action on the Final Tract Map for Tract 15686 to a future meeting. A copy of the agenda and staff reports will be forwarded to you when the items are again placed on the agenda for consideration. Please feel free to contact Sam Shoucair at 443-6355 if you have any questions. Very truly yours, ' �) Cheryl John n City Clerk cc: Jan Siegel Meredith Canyon HOA Jim Lee Paul Prince Robert Mikolajczak Jack Lucas John Curtis Becky Trowbridge Laurie Hanten Hunsaker & Associates DRUGUSE Engineering and Building Director Is Sam Shoucair °B San Juan Capistrano: Preserving the Past to Enhance the Future ADMINISTRATIVE ITEMS ENGINEERING AND BUILDING DIRECTOR 1. CONTINUATION OF CONSIDERATION OF FUNDING AGREEMENT AND APPROPRIATION OF FUNDS - PASEO MONTE VISTA SEWER FACILITIES (HUBERT/HRIBAR/TRACY) (600.301 Written Communication: Report dated January 5, 1999, from the Director of Engineering and Building, advising that the property owners participating in the referenced Funding Agreement had respectfully submitted a request to continue this item to an undetermined future date. Motion to Reschedule: It was moved by Council Member Campbell, seconded by Council Member Hart, and unanimously carried to reschedule this item for a future meeting. 2. APPROVAL OF FUNDING AGREEMENT AND BUDGET AMENDMENT FOR CITY PARTICIPATION IN THE SAN JUAN CREEK WATERSHED MANAGEMENT STUDY COUNTY OF ORANGE 600.50 Written Communications: Report dated January 5, 1999, from the Director of Engineering and Building advising that the County had requested that the benefitting agencies enter into a cooperative agreement and provide funding for a local funding match for the U.S. Army Corps of Engineers' Feasibility Study for the San Juan Creek Watershed Management Program. The City was asked to contribute $60,000 to support the study. Approval of Agreement: It was moved by Council Member Jones, seconded by Council Member Swerdlin, and unanimously carried that the Funding Agreement and Budget Amendment for City Participation in the San Juan Creek Watershed Management Study be approved in the amount of$60,000; an appropriation of$30,000 was authorized from the 1998-99 Sewer Enterprise Fund balance and an appropriation of$30,000 was authorized from the 1998-99 Water Enterprise Capital funds. 3. CON TW UA"CION OF CONSIDERATION OF FINAL'I RACT MAP 15686 AND THE IMPROVEMENT CONSTRUCTION COST APPORTIONMENT REIMBURSEMENT AND FINANCIAL AGREEMENT SUNCAL DEVELOPMENT/SJD PARTNERS. LTD. NORTH R&D SITEI (420.30/6 00.60.600.50) Written Communications: IZeportdatedJanuary 5, 1999_from the Directorot Engineering and Building,recommending approval of Final Tract Map 15.686. The I incl Map encompassed 34.7 acres kno,vvn as the north Research and Development site, located at the southerl} terminus of Valle Road along the castcrly side of the IJ frceway. City ( ouncil Minutes -o- I99 William Huber, Director of Engineering and Building, requested that this item be continued to the Meeting of January 19, 1999,in conjunction with continuation of the Geologic Hazard Abatement District public hearing. Motion to Continue It was moved by Council Member Campbell, seconded by Council Member Jones and unanimously carried to continue this item to the Meeting of January 19, 1999. ORDINANCES 1. APPROVAL OF ORDINANCE AMENDING TITLE 4 OF THE MUNICIPAL CODE -SPEED LIMITS (590.30) (ADOPTION) Written Communication: Report dated January 5, 1999, from the City Clerk advising that the Ordinance was introduced at the meeting of December 15, 1998 and was scheduled for adoption. Adoption of Ordinance: The City Clerk read the title of the Ordinance next in order. Further reading of all Ordinances had been waived earlier in the meeting. It was moved by Council Member Jones, seconded by Council Member Swerdlin, that the following Ordinance be adopted: ORDINANCE NO. 830, AMENDMENT TO TITLE 4 OF THE MUNICIPAL CODE, TRAFFIC REGULATIONS - ESTABLISHING SPEED LIMITS AT VARIOUS LOCATIONS-AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING PRIMA FACIE SPEED LIMITS AT VARIOUS LOCATIONS BY AMENDING SECTION 4-6.501, TITLE 4, CHAPTER 6, ARTICLE 5 OF fHE SAN JUAN CAPISTRANO MUNICIPAL CODE The motion carried by the following vote: AYES: Council Members Jones,Swerdlin,Hart,Campbell and Mayor Greiner NOES: None ABSENT: None 2. APPROVAL OF ORDINANCE. AMENDING TITLE 4 OF 'HIE MUNICIPAL CODE; -TAXICAB REGULATIONS (940.70) (ADOP HON) Written Communication: Report dated January '�. 1999. from the City Clerk advising that the Ordinance «as ntroduced at the meeting of December 1 5, 1998 and was scheduled for adoption. ( it% ( ouncil Minulct -IO- 1.5 99 AGENDA ITEM January 5, 1999 TO: George Scarborough, City Manager FROM: William M. Huber, Director of Engineering & Building SUBJECT: Consideration of Final Tract Map 15686 and the Improvement, Construction Cost Apportionment Reimbursement and Financial Agreement(SunCal Development/SJD PARTNERS, LTD.). RECOMMENDATION 1. Approve the Final Map for Tract No. 15686 as it conforms to the requirements set forth in the Subdivision Map Act,the approved Tentative Tract Map conditions and the Development Agreement. 2. Authorize the City Engineer and the City Clerk to execute the Final Map. 3. Authorize the Mayor and City Clerk to execute the "Improvement, Construction Cost Apportionment Reimbursement and Financial Agreement". 4. Direct the City Clerk to forward the Map and the "Improvement, Construction Cost Apportionment Reimbursement and Financial Agreement" to the County Recorder. SITUATION A. Summary and Recommendation SJD PARTNERS,LTD.,the current developer of the 256 acres in real estate property known as Vesting Tentative Tract 14196, has submitted the first Final Map within their Tentative tract for City Council consideration and approval. The subject north R&D site, which is about 34.7 acres, is located at the southerly terminus of Valle Road along the easterly side of the I-5 Freeway. The Final Map has been reviewed by the Engineering Division and was found to be in conformance with the Tentative Tract Map and the Subdivision Map Act. All pertinent conditions of approval required by Resolution 92-6-16-4 (Attachment 1) and by the Development Agreement have been met. All applicable fees have been paid to the City and the developer has signed the City's "Improvement,Construction Cost Apportionment Reimbursement and Financial Agreement" (Attachment 2). FOR CIN COUNCIL AGEk4 // AGENDA ITEM -2- January 5, 1999 B. Background On June 16, 1992, the City Council approved TMC Development/Pacific Point's Vesting Tentative Tract Map 14196, which allowed the subdivision of a 256-acre land, into several lots, among which is the North Research& Development lot. At this time, the developer is requesting to final the Map for this single lot site. Any future development of the property will require future discretionary applications to be processed consistent with the provisions of the Forster Canyon Planned Community Comprehensive Development Plan. In addition,this subdivision is required to construct and/or participate in certain off-site improvements. An "Improvement, Construction, Cost Apportionment Reimbursement and Financing Agreement" is included as part of this Agenda Item. These off- site improvements include the following: 1. Intersection improvement and signalization of Camino Las Ramblas @ Via California. To be constructed by the developer prior to the first residential Certificate of Occupancy. 2. Widen Valle Road between San Juan Creek Road and the I-5 ramps including traffic signal and power pole relocations, necessary grading, retaining walls and slope landscaping. To be constructed by the developer prior to first Certificate of Occupancy in the North R&D site or extension of"C" Street to La Novia,whichever occurs first. 3. Widen Valle Road between I-5 ramps and Forester Ranch Road to commuter standards, including necessary grading, retaining walls, and landscaping. To be constructed and completed by the developer prior to issuance of first Certificate of Occupancy in the North R & D site, or extension of "C" Street to La Novia, whichever occurs first. 4. Intersection improvement and signalization of Valle Road/La Novia @ I-5 ramps including realignment of La Novia, grading and landscaping. To be constructed and completed by the developer prior to issuance of first Certificate of Occupancy in the North R & D site, or extension of"C" Street to La Novia, whichever occurs first. 5. Improvement and signal modifications of Camino Capistrano @ San Juan Creek Road to provide an additional northbound right turn lane, subject to Caltrans approval. To be constructed and completed by the developer prior to issuance of first Certificate of occupancy in the North R & D site, or extension of "C" Street to La Novia, whichever occurs first. 6. Improvement and signal modifications of Camino Capistrano @ I-5 ramps to provide an additional lane for combined right/left turns from the southbound off-ramp subject to Caltrans approval. To be constructed and completed by the developer prior to issuance of the first Certificate of Occupancy in the North R& D site or extension of AGENDA ITEM -3- January 5, 1999 "C" Street to La Novia, whichever occurs first. 7. Existing La Novia, Valle road to 2500 feet east. "Fair share" to be paid by the developer prior to recordation of first (1 st) final map. 8. Widening of La Novia to secondary standards from Valle Road to 2500 feet easterly. "Fair Share" to be paid by the developer prior to the sixtieth (60th) Certificate of Occupancy in Phase "III" of the Conceptual Phasing Plan (on file at City Clerk's office). 9. Improvement and signalization of the San Juan Creek @ Valle Road Intersection. "Fair Share" to be paid by the developer prior to the sixtieth (60th) Certificate of Occupancy in Phase "III" of the Conceptual Phasing Plan (on file at City Clerk's office).. The City Planning Director has approved the covenants,conditions and restrictions(CC&R's) for the subject Tract. The final items listed below have been reviewed and found to be in compliance with the requirements of the Final Tract Map: 1. Applicable Subdivision fees 2. "Improvement, Construction Cost Apportionment Reimbursement and Financial Agreement" executed in duplicate C. Via La Mirada Landslide Homeowner John Curtis has filed a letter dated December 1, 1998 with the City in which he generally objects to the City approving any further development permits for this project. In addition, he raised a narrow legal argument that the creation of the GHAD will necessarily shift legal responsibility for future slide damages to future lot owners. We have consulted with the City Attorney regarding these issues. (See attached legal opinion). With regard to future land use approvals for this project, it is important to remember that the important discretionary land use entitlements with development conditions have already been granted for the project. A tentative subdivision map has already been approved for the project. Under the state subdivision map act, the City Council has a ministerial duty to approve a final map for a portion or all of the project if the final map is consistent with the tentative map approval. In this situation, the developer has chosen to file a final map for a smaller portion of the project, namely, the R& D site abutting the freeway. Approval of the final map and later issuance of building permits will permit the construction of commercial structures at this site. This site is approximately 2,500 feet from the La Mirada landslide area. Based upon our analysis and independent geologic reports from the City's geologist, there is simply no connection, or nexus, between the R& D site and the landslide area. In short, AGENDA ITEM -4- January 5, 1999 there is no evidence of a health and safety relationship at the R&D site to the landslide area, or immediate health and safety concern at this site, should construction go forward there. Accordingly, staff believes that there is a ministerial obligation under the law (the state Subdivision Map Act)to approve the final map for the R& D site only. With regard to the GHAD issue, the city attorney opinion confirms that the legislative action to form the district does not: (A) amount to anything more than creating a legal framework by which an assessment process could be instituted in the future; (B) shift a legal obligation now to lot owners to pay for future slide damages. COMMISSIONBOARD REVIEW, RECOMMENDATIONS This original tentative map was previously reviewed and approved by the Planning Commission and City Council. FINANCIAL CONSIDERATIONS All applicable fees have been paid to the City. NOTIFICATION SunCal Companies, Developer Hunsaker& Associates, Project Engineer ALTERNATE ACTIONS 1. Approve the Final Tract Map 15686 and the "Improvement, Construction Cost Apportionment Reimbursement and Financial Agreement'. 2. Do not adopt the Final Tract Map 15686 and the "Improvement, Construction Cost Apportionment Reimbursement and Financial Agreement'. 3. Refer to Staff for additional information. RECOMMENDATION 1. Approve the Final Map for Tract No. 15686 as it conforms to the requirements set forth in the Subdivision Map Act,the approved Tentative Tract Map conditions and the Development Agreement. 2. Authorize the City Engineer and the City Clerk to execute the Final Map. 3. Authorize the Mayor and City Clerk to execute the "Improvement, Construction Cost AGENDA ITEM -5- January 5, 1999 Apportionment Reimbursement and Financial Agreement". 4. Direct the City Clerk to forward the Map and the "Improvement, Construction Cost Apportionment Reimbursement and Financial Agreement" to the County Recorder. Respectfully Submitted: Prepare By: Willi"MHur, P.E. am air Director of Engineering & Building Senior Engineer WMH/SS:ss Attachments: 1. Resolution 92-6-16-4 2. "Improvement,Construction Cost Apportionment Reimbursement and Financial Agreement" 3. Location Map 4. Attorney Opinion a:\agenda\12-15nr&d.sun RESOLUTION NO. 92-6-16-4 APPROVING TENTATIVE TRACT 141% AND LANDFORM CONTROL DISTRICT TMC PACIFIC POINT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE TRACT 14196, LANDFORM CONTROL DISTRICT PLAN, SUBDIVISION WAIVER AND TREE REMOVAL PERMIT (TMC/PACIFIC POINT) WHEREAS, the applicant, Mike Schlesinger, TMC Development, Inc., 3080 Bristol Street, Suite 150, Costa Mesa, California 92626, has submitted Tentative Tract Map 14196, Landform Control District Plan, subdivision waiver, and tree removal plan for 256 acres in accordance with the Forster Canyon Comprehensive Development Plan (CDP 81-0, generally located parallel to the east side of I-5 between Camino Las Ramblas and Valle Road off-ramp; and, WHEREAS, the City's Environmental Review Board has found, at its February 25, 1992 meeting, that the tentative tract map, as well as its environmental impacts, are essentially the same as those disclosed in the previously certified Final Environmental Impact Report (EIR) for TMC/Pacific Point; and, WHEREAS, the City Traffic and Transportation Commission, at its April 8, 1992 meeting, recommended approval subject to conditions; and, WHEREAS, the Equestrian Commission, at its April 13, 1992 meeting, recommended approval subject to conditions; and, WHEREAS, the Planning Commission, at its May 26, 1992 meeting, recommended approval of Tentative Tract 14196, Subdivision Waiver, Zone Variance and Tree Removal Permit; and, WHEREAS, a public hearing has been duly advertised and held to review and receive public testimony on the application; and, WHEREAS, a preliminary fuel modification plan has been approved by the Planning Commission Resolution; and, WHEREAS, the Planning Commission has recommended that a Development Agreement be adopted by the City Council which requires completion of public improvements and establishes standards for grading and phasing; and, WHEREAS, the City Council of the City of San Juan Capistrano finds and determines as follows: Tentative Tract Map 1. The proposed tentative tract map, as conditioned, and its design, circulation, and land uses and densities are consistent with the General Plan. -1- 2. The proposed tentative tract map, as conditioned, conforms to all applicable requirements of the amended Forster Canyon Comprehensive Development Plan (CDP 8L-1). 3. The tentative tract map is physically suitable for the development of the tentative tract in that the Certified EIR analyzed the development concept and identified mitigation measures to ensure compatibility. 4. The ultimate build out of the tentative tract map will comply with the residential unit counts of the CDP and General Plan. 5. The tentative tract map will not cause substantial environmental damage in that mitigation measures and the mitigation monitoring program will adequately resolve any potential environmental concerns as identified in the Environmental Impact Report. 6. The Environmental Impact Report Mitigation Plan will ensure that the ultimate development of the tract as conditioned will comply with all applicable public health and safety standards. 7. The design or improvements of the proposed project will not conflict with easements acquired by the public at large for access through or use of tract within the proposed project. Tree Removal 1. The tentative tract has been designed to preserve the maximum number of trees; 121 of 129 trees will be saved. 2. Extensive corrective grading required to stabilize the site necessitates removal of 8 trees. Subdivision Waiver 1. The deviation from the Municipal Code Section 9-4.112(b) provides subtle contouring and rounding of the slopes and better contains the area of grading, while maintaining acceptable terraces and benches. Landform Control District 1. The conceptual grading plans as adopted in the CDP and the visual analysis slides determine grading consistency and attainment of aesthetic objectives such as natural contouring, landscaping and break-up of long, linear building lines as defined by the Comprehensive Development Plan. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano, does hereby approve Tentative Tract Map 14196, Landform Control District, Subdivision Waiver and Tree Removal Permit, subject to the following conditions: 1. Prior to issuance of a grading permit, the subdivider shall complete the following: -2- �.+ JL a) The equestrian trail design, including supporting documentation of all necessary easements, shall be approved by the City Engineer. b) A preservation and protection plan shall be submitted for approval by the Director of Planning. It shall address trees, limits of grading and areas of construction activities, project site access, i etc. c) A soil subsidence insurance or warranty program shall be approved by the City Council. d) A construction mitigation program that complies with Section VI-G of the CDP shall be approved by the Director of Planning and the Director of Engineering and Building and Safety. e. The natural open space boundary shall be delineated on site to be readily identifiable to construction workers for approval by the Director of Planning. Fencing may be required as determined by the Director of Planning. I. Any off-site grading will require written permission of the property owner affected. Said written notice shall be notarized and filed with the City Engineer. 2. Prior to final map approval, the subdivider shall complete the following: a. CC&R's shall be approved by the City Council to establish a Homeowners Association to provide for the maintenance of all recreational facilities, landscaping and common areas. Landscape maintenance standards shall comply with the City's severe tree trimming standards, Section 9-3.625 of the Municipal Code. b. Rolled curbs and drainage swales may be approved by the City Engineer for Streets C, J, K, L, M, N, O, P, R & S, subject to review of storm water runoff containment in the streets and protection of parkway improvements. Where adverse conditions occur, standard curb and gutter shall be provided. C. A Geologic Hazard Abatement District shall be formed and approved by the City Engineer. d. Sewer improvements shall include provisions for servicing of McCracken Hill area which is presently using septic facilities. Sewer improvements shall be gravity flow at all locations. e. The design for the grass-lined channel adjacent to the west side of "A" Street shall be subject to review and approval by the City Engineer. Where adverse conditions occur, standard storm drain shall be designed and constructed. -3- f. A precise fuel modification plan shall be submitted and approved by the City Engineer and the Orange County Fire Department. g. Design of potentially gated streets shall be in accordance with Municipal Code Section 8-13 and OCEMA Standard 1107. h. The flair width of the equestrian and bicycle trails shall be 14 feet at intersections for maintenance access and motorcycle barrier installation. i. Utility facilities shall be underground. Vaults, transformers, junction boxes, pressure relief valves, or any similar device of any utility shall not be permitted above ground. Utility vaults and boxes shall not be permitted in any street pavement, sidewalk, equestrian trail, bikeway or similar public facility. Catch basin surfaces shall not protrude into equestrian trail surfaces. j. No obstructions shall be allowed in any sidewalk or parkway which reduces the width to less than 4 feet. k. All lots not currently identified such as the drainage channel, adjacent to Lot G and north of "D" Street along "A" Street shall be labeled as lettered lots on the final map to be owned and maintained by the Homeowners Association. 1. Dedicate access easements to open space next to Lots 239, 124, 130 and Lot A on the final map. M. The cross-section of "C" Street shall have a minimum one foot bench adjacent to any hard surface, right-of-way line, slope or trail. n. Warning signs shall be installed on both the trail and street with "Trail Crossing Ahead" stenciled on the pavement at all intersections with trail crossings. 3. This approval is contingent upon and subject to the execution of the Development Agreement. PASSED, APPROVED, AND ADOPTED this 16th day of June 1992. GIS—, MAYOR ATTEST: �a /1 /1 L 1 �°� CITY CLERK -4- X73 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) 1, 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. 92-6-16-4 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 16th day of ,Lune , 1992, by the following vote: AYES: Councilmen Friess, Harris and Mayor Jones NOES: Councilman Vasquez ABSTAIN: None ABSENT: Councilman Hausdorfer (SEAL) CHERYL SOW)ON, CITY CLERK' -5- RECORDED AT THE REQUEST OF AND RETURN TO: City of San Juan Capistrano City Clerk's Department 32400 Paseo Adelanto San Juan Capistrano, CA 92675 IMPROVEMENT AND REIMBURSEMENT AGREEMENT (ASSESSORS PARCEL #666-301-01, 666-301-09, 675-361-01,675-361-03,675-361-04, 675-361-05, 675-081-03, 675-081-04, 675-081-10, 675-081-14) THIS REIMBURSEMENT AGREEMENT is made by and between the City of San Juan Capistrano, hereinafter referred to as "City", and the SID PARTNERS, LTD., a California limited partnership, herein referred to as "Developer". Whereas, City has granted approvals for Tentative Tract 14196 (Resolution Nos. 92-6-16-4) which will be divided into multiple finals maps, and Whereas, Conditions of Approval require Developer to enter into an Agreement to provide for the construction of certain off-site traffic improvements. Whereas, City requires that those certain improvements as outlined,hereafter,be constructed conjointly with his development. NOW, THEREFORE, City and Developer mutually agree as follows: Section 1. Scope of Improvements/Pro-rata Share Obligations. The Developer shall design and construct the improvements as described in Attachment "A", Section I. Developers pro-rata share obligation for said improvements shall be as set forth below. Cost estimates and apportioned traffic shares as indicated were developed from past information and have not been validated by the City. The City will develop final detailed cost estimates and traffic apportionments when its traffic model is complete. Therefore, the Director of Engineering and Building is authorized to unilaterally adjust the below stated formula according tot he results of the completion of the traffic model study. When the results of the study have been determined, the City shall give written notice of the final percentage share allocation to Developer. ESTIMATED ESTIMATED ESTIMATED SUNCAL SUNCAL FACILITY COST SHARE % COST A. Camino Las Ramblas @ Via California - Signalization $120,000 94% $112,800 Construction Cost Apportionment and Reimbursement Agreement Page 2 ESTIMATED ESTIMATED SUNCAL SUNCAL FACILITY COST SHARE % COST B. Valle Road/San Juan Creek Road to I-5 Ramps - Widen Roadway $572,000 38% $217,360 C. Valle Road/1-5 Ramps to Forester Ranch Road - Widen Roadway $400,000 72% $288,000 D. Valle Road @ La Novia/1-5 Ramps Intersection - Realignment/ Signalization $600,000 37% $222,000 E. Camino Capistrano @ San Juan Creek Road - Add Northbound Right Turn $120,000 40% $48,000 F. Camino Capistrano @ 1-5 Ramps Improvement& Signal Modifications $90,000 42% 37.800 TOTALS $1,902,000 $925,960 Section 2. Other Improvements. The Developer shall also pay its "fair share" of the improvements indicated in Attachment A, Section 11,in accordance to the schedule therein. It should be noted the cost estimates and apportioned traffic shares as indicated were developed from past information and have not been validated by the City. The City will develop final detailed cost estimates and traffic apportionments when its traffic model is complete. The Director shall make the same determination based upon the completion of the study as set forth in Section 1. ESTIMATED ESTIMATED ESTIMATED SUNCAL SUNCAL FACILITY COST SHARE % COST A. Existing La Novia/Valle Road to 2500' East $2,427,000 15% $364,050 B. La Novia Widening/Valle Road to 2500' East $1,500,000 15% $225,000 Construction Cost Apportionment and Reimbursement Agreement Page 3 ESTIMATED ESTIMATED ESTIMATED SUNCAL SUNCAL FACILITY COST SHARE% COST C. Signalization San Juan Creek @ Valle Road $290,000 38% $106,400 TOTAL $4,207,000 $695,450 Section 3. Design Plans. Developer designed plans shall be submitted to the City Engineer for his review and approval prior to construction. Developer shall submit faithful performance and labor/material bonds in the amount of the approved Engineer's Cost Estimate for each item listed in Section 1 prior to beginning construction for projects covered by reimbursement. Said bonds shall be on a standard City form by an Agency approved by the City. Section 4. Reimbursement to Developer Pursuant to the development approvals given to Developer, Developer will be reimbursed a portion of the total cost of the project. Developer shall be reimbursed the above stated costs of the total project cost over a period of fifteen(15)years from the completion of the last improvement in Section 1 as provided in this Agreement. Timing of reimbursement payments will be according to actual proration contributions based on traffic generation from other developers in the area who develop their property within time period specified in Section 5. Section 5. Term of Agreement. This agreement shall run for a period of 15 years from the completion of the last improvement in Section 1. An extension of five years may be granted by the City upon written request of developer. Section 6. Time Frame for Repayment to Developer. The City shall cause such other Developers to make their pro-rata contribution upon the earlier of issuance of a building permit or approval of a Final Map. Section 7. Liability/Indemnification/Insurance. Developer holds City and its elected and appointed officials harmless from any claims or liabilities that may arise out of Developer's construction of improvements described in this Agreement. City holds Developer and its officers harmless from any claims or liabilities that may arise out of any improvements constructed by City or any operations and maintenance of the improvements by City. Construction Cost Apportionment and Reimbursement Agreement Page 4 Developer agrees to maintain liability insurance in the following amounts: I. Comprehensive General Liability. Developer or his agent shall maintain in full force and effect comprehensive general liability coverage, including premises operations, products/completed operations, broad form property damage and blanket contractual liability in the following minimum amounts: $1,000,000 property damage $1,000,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. II. Worker's Compensation. If Developer employs employees or subcontractors to perform services under this Agreement,Developer shall obtain and maintain, during the life of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by State law. These above stated policies shall not terminate nor shall they be canceled nor the coverage reduced until after 30 days' written notice is given to the City. Developer shall provide an endorsement to City establishing that City has been legally added as an additional insured to the liability policy required under this Agreement. Section 8. Force Majeure. None of the parties hereto shall be deemed to be in default if performance of the obligations required by this Agreement is delayed or becomes impossible because of any act of God, earthquake, fire, strike, sickness, accident, civil commotion, epidemic, act of government, its agencies or officers, or any legitimate cause beyond the control of the parties. Section 9. Notices. All notices, requests, demands, consents and other communications under this Agreement shall be in writing, including telex and facsimile transmission and shall be deemed to have been duly given on the date of service if served personally by telex or facsimile transmission or 48 hours after mailing if mailed by first class mail, registered, or certified, postage prepaid, return receipt requested, and properly addressed as follows: TO: S.1D PARTNERS, LTD. 5109 E. La Palma Avenue Suite D Anaheim, CA 92807 • • Construction Cost Apportionment and Reimbursement Agreement Nage 5 TO: CITY OF SAN JUAN CAPISTRANO Attention: City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Section 10. Agreement Runs with the Land. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective representatives, assigns and successors in interest. Section 11. Entire Agreement. This Agreement contains the entire agreement between the parties hereto and supersedes any prior or concurrent written or oral agreement between said parties concerning the subject matter contained herein. There are no representations, agreements, arrangements or undertakings, oral or written, between or among the parties hereto relating to the subject matter contained in this Agreement which have not been fully expressed herein. DATE SJD PARTNERS, LTD. a California Limited Partnership By: SJD DEVELOPMENT CORP. a California Corporation By: Its: DATE CITY OF SAN JUAN CAPISTRANO By: Attest: APPROVED AS TO FORM CITY CLERK CITY ATTORNEY Construction Cost Apportionment and Reimbursement Agreement Page 6 ATTACHMENT A PUBLIC IMPROVEMENTS SECTION I -- IMPROVEMENTS TO BE CONSTRUCTED BY DEVELOPER SUBJECT TO REIMBURSEMENT (REF: sect 7.1.2. DEV. AGREEMENT) 1. Intersection improvement and signalization of Camino Las Ramblas @ Via California. To be constructed prior to the first residential Certificate of Occupancy. 2. Widen Valle Road between San Juan Creek Road and the I-5 ramps to secondary standards, including traffic signal and power pole relocations, necessary grading, retaining walls and slope landscaping. To be constructed prior to first Certificate of Occupancy in the North R & D site or extension of"C" Street to La Novia, whichever occurs first. 3. Widen Valle Road between I-5 ramps and Forester Ranch Road to commuter standards, including necessary grading, retaining walls, and landscaping. To be completed prior to issuance of first Certificate of Occupancy in the North R&D site, or extension of"C" Street to La Novia, whichever occurs first. 4. Intersection improvement and signalization of Valle Road/La Novia @ 1-5 ramps including realignment of La Novia,grading and landscaping. To be completed prior to issuance of first Certificate of Occupancy in the North R & D site, or extension of"C" Street to La Novia, whichever occurs first. 5. Improvement and signal modifications of Camino Capistrano @ San Juan Creek Road to provide an additional northbound right turn lane, subject to Caltrans approval. To be completed prior to issuance of first Certificate of occupancy in the North R & D site, or extension of"C" Street to La Novia, whichever occurs first. 6. Improvement and signal modifications of Camino Capistrano @ I-5 ramps to provide an additional lane for combined right/left turns from the southbound off-ramp subject to Caltrans approval. To be completed prior to issuance of the first Certificate of Occupancy in the North R& D site or extension of"C" Street to La Novia, whichever occurs first. Construction Cost Apportionment and Reimbursement Agreement Page 7 SECTION II. IMPROVEMENTS REQUIRING DEVELOPER TO PAY A `FAIR SHARE' OF COST BASED ON DEVELOPERS PROPORTIONATE TRAFFIC GENERATION TO EACH PROJECT. 1. Existing Lallovia,Valle road to 2500 feet east. "Fair share" to be paid prior to recordation of first(1st) final map. 2. Widening of La Novia to secondary standards from Valle Road to 2500 feet easterly. "Fair Share" to be paid prior to the sixtieth(60th) Certificate of Occupancy in Phase "III" of the Conceptual Phasing Plan. 3. Improvement and signalization of the San Juan Creek @ Valley Road Intersection. "Fair Share" to be paid prior to the sixtieth (60th) Certificate of Occupancy in Phase "IIP' of the Conceptual Phasing Plan. VR = OS i R J � 5 'V -�•. RD BQw1� ° ""��•,,%a NORTH RESEARCH AND DEVEMP= SITE LEGEND • CE Country Residential ROS Recreation Open Space ER Estate Residential �R wage Residential Pi Public Institutional GR Garden Residential RD Research a Developrnent o$ General Open Space [ VIR vista Residential CONCEPTUAL LAND USE Extdbit 12 AN AMENDMENT TO THE FORSTER CANYON COMPREHENswE DEVELOPMENT PLAN MEMORANDUM December 21, 1998 TO: George Scarborough, City Manager FROM: John Shaw, City Attorney SUBJECT: Legal Opinion Concerning SunCal Final Map and GHAD Issues 1. GHAD Matter. John Curtis, in his letter of December 1, 1998, to the City, objects to the proposed creation of a Geologic Hazard Abatement District (the "GHAD") for this project on the premise that it transfers liability for future slide damages to future "citizen/homeowners" of the project development without their consent. GHAD's are governed by State law, namely, Public Resources Code sections 26550, at seq. Staff is only proposing at this time that a District be formed for the property. Specific assessments to raise money to fund a reserve account or pay for slide damages are not proposed and are not at issue. In fact, the GHAD could become operational in the sense of establishing assessments to fund slide damages only if a majority of the property owners (under a very specific ballot procedure governed by Proposition 218) consented thereto. Further, the mere creation of a GHAD does not alter the legal liabilities or responsibilities of a developer with respect to the rights of future lot owners to pursue their legal remedies against the developer in a court of law. Thus, the argument that the mere creation of the District forces a shifting of liability for future slide damages to unwilling homeowners is meritless. The creation of the District does nothing more than establish an additional option to consider addressing future slide damages should they occur. District assessments could be imposed on lot owners only by following a very detailed due process procedure entailing a vote of the people who live within the affected district boundaries. Moreover, the establishment of the GHAD does not in any manner affect the right of future lot owners to sue responsible parties who have in some manner caused the damages. Thus, it is not correct to say that there is shifting of liability in creating this district. 2. Laws Applicable to Processinn of Future Final Maps for the Project. Mr. Curtis further objects to the City approving any further final maps for the property given the serious slide damages that have occurred on the Via La Mirada landslide damage site. This question involves very specific State law provisions contained within the California Subdivision Map Act, Government Code sections 66410, at seq., which govern the City Council's responsibilities with respect to approvals of subdivision final maps. Under the Map Act, there is a fundamental two-step approval process. A tentative map application is first submitted to the governing body. This stage is the key decision point at which the City may approve, conditionally approve, or deny the project application. Important conditions of approval may be attached to the tentative map. In the SunCal situation, the City has, in fact, already granted the tentative map approval with conditions. The second stage of the approval process entails a developer filing a final map. The map can be for all or a portion of the project. Under State law, the City Council has a ministerial duty to approve the final map if it is substantially consistent with the tentative map (Government Code sections 66458; 66474.1.) SunCal has now chosen to file a final map for just the R&D site adjacent to the 1-5 freeway. The City Engineer has made a determination and a recommendation to the City Council that the final map for the R&D site is consistent with the tentative map approval. Based upon this finding, the City Council is therefore under a legal ministerial duty to approve the final map. The City Council does not have broad discretion to deny the map. The only exception to this general requirement of the Map Act would entail an emergency situation involving serious health and safety considerations which obviously might come to light after the initial tentative map approval. Obviously, a slide has occurred since the tentative map approval. Any landslide, of course, would raise a serious health and safety concern with respect to the project and its relationship to the actual slide area. The City Engineer has focused on that issue. He has obtained an expert opinion from a geologist, Mr. Steve Jensen of Petra Geotechnical, Inc., dated December 14, 1998, however, who has verified that, based upon his opinion, the R&D site is not at risk and that "either site will have no significant geotechnical or geological impact on the other site." Based upon Mr. Jensen's letter report, we concur with Mr. Huber's recommendation. Therefore, we conclude that there would be no rational basis to deny the final map approval for the R&D site.