Loading...
06-1017_SJD PARTNERS, LTD._Subdivision Improvement Agr (3)�(,c RECORDING REQUESTED BY: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Recorded in Qffival Records, Orange county AND WHEN RECORDED, MAIL TO: Tom Daly, Clerk -Recorder fIII�PI��IiIIIIIIIIIiIII�III;IiId�IIIIII�II�II�IIIi�iihl�Il��illt:III',�JO FEE Margaret R. Monahan, City Clerk 2006000725669 08 22am 10127106 City of San Juan Capistrano 213 160 Al2 20 0.00 0.00 0.00 0.00 32400 Paseo Adelanto 0.00 0.00 0.00 0.00 San Juan Capistrano, CA 92675 Exempt from Recording Fees: Gov Code 27383 & 6103 City of San Juan Capistrano This Space for Recorder's Use Only Title of Document: 2fi� �M, SUBDIVISION IMPROVEMENT AGREEMENT FINAL TRACT MAP 16751 +L Recording Requested by and When Recorded Mail To: City of San Juan Capistrano Attention: City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Margaret R. Monahan, City Clerk City of San Juan Capistrano SUBDIVISION IMPROVEMENT AGREEMENT SUBJECT: FINAL TRACT MAP 16751 THIS AGREEMENT is made this L3fday of OCTA Or2006, between the CITY OF SAN JUAN CAPISTRANO, a municipal corporation, State of California, hereinafter referred to as "City" and SJD PARTNERS, LTD., a California limited partnership, whose mailing address is 1250 Corona Pointe Court, Suite 210, Corona CA 92879, hereinafter referred to as "Subdivider": WHEREAS, the tentative map application was conditionally approved by Resolution No 92-6-16-4; and, WHEREAS, Subdivider is the owner of that certain parcel of land situated in the City of San Juan Capistrano, Orange County, generally described as Vested Tentative Tract Maps 14196 and 15609 and Subdivider proposes to do and perform certain work of improvement thereon as hereinafter set forth; and WHEREAS, City desires to assure that said proposed improvements will be done in a good workmanlike manner and in accordance with the laws now in force and effect in the City of San Juan Capistrano, California, the terms and conditions of which are incorporated herein by reference; and WHEREAS, Subdivider declares that he is familiar with the pertinent regulations contained in the City Code and in the Subdivision Map Act (Government Code Sections 66410 to 66500) and agrees to comply therewith; and WHEREAS, a Final Map of said subdivision prepared in accordance with the City's Subdivision Ordinance, has been filed by Subdivider with City for approval by the City Council. NOW THEREFORE, in consideration of the approval and acceptance by the City Council of City of said Final Map and the acceptance of easements therein offered for -1- dedication for street and other public purposes and the covenants herein contained, the parties hereto mutually covenant and agree as follows: General Requirements: Subdivider shall comply with all the requirements specified in the "AMENDMENTTO IMPROVEMENTAND REIMBURSEMENT AGREEMENT (ASSESSOR'S PARCELS #666 -301 -01,666 -301 -09,675 -361-01,675-361- 03, 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)" dated November 15, 2005, the WATER FACILITIES AGREEMENT — SUNCAL PROPERTIES, dated September 2, 2003 and its subsequent amendment dated March 16, 2004, the conditions of approval set fort in City Council Resolution No. 92-6-16-4 (for Tentative Tract Map 14196) and all applicable conditions of approval set fort in City Council Resolution No. 03- 09-16-06 (for Tentative Tract Map 15609) and shall, at his own cost and expense, provide all required tests, design work, equipment, materials and labor in order to complete all of the works of improvement (the "Works of Improvement"), set forth in Exhibit "A", to the satisfaction of the City Engineer. Such work of improvement shall include but not be limited to the undergrounding of the overhead utilities, the placement of curb markers at all proposed street catch basin inlet structures in accordance with the National Pollution Discharge Elimination System (NPDES) requirement and the construction of all required off-site infra -structure and circulation improvements to the satisfaction of the City Engineer. 1.1 Fair -Share Circulation Improvement Participation. Prior to the issuance of the first (1 5) building permit, other than model homes, the applicant shall financially contribute for the project's fair share traffic generation for the existing La Novia Avenue Improvement, from Valle Road to 2500 feet east, as well as any improvements not included in the Capistrano Circulation Fee Program (CCFP), as identified in the approved Environmental Impact Report (EIR) traffic impact analysis. This financial participation shall be in addition to paying CCFP fees. The applicant's financial participation shall include right-of-way acquisition, design, and construction including, but not limited to, grading, streets, sidewalks, landscaping, retaining walls, drainage structures, utility relocation, and traffic signal improvements in accordance with the City's Master Plan of Streets and Highways. Additionally, prior to the issuance of the first (1 ") building permit, other than model homes, the applicant shall financially contribute for the project's fair share traffic generation on the following improvements. The final cost estimate shall be reviewed and determined by the City Engineer: Ortega Hiqhwav & 1-5 Southbound Ramps Improvements: Construct an additional southbound right -turn lane and re -stripe existing center lane to a left/thru lane. Fair share: 7.3% -2- Ortega Highway & I-5 Northbound Ramps: Improvements: Construct westbound free right turn lane Fair share: 0.8% 1.2 Off -Site Circulation Improvement Construction. Prior to the issuance of the 1S Certificate of Occupancy, the applicant shall design and construct the off- site improvement listed below to its ultimate standard configurations in accordance with the City's Master Plan of Streets and Highways and to the satisfaction the City Engineer. All easements, right-of-way acquisitions, dedications and permits needed from any agency to accommodate said improvement shall be obtained by the applicant, with City's assistance. Any deferral in the timing of this condition, due to unforeseen delays, shall be subject to review and approval by the City Engineer. Camino Las Ramblas & Via California: Improvements: Install a traffic signal and construct a separate southbound right -turn lane. 1.3 Construction of Avenida California. Prior to issuance of the 151 st Residential Building Permit within Vesting Tentative Tract Maps 14196 and/or 15609, the applicant shall complete, to the satisfaction of the City Engineer, the construction of Avenida California Street, from the extension of Via California, all the way to its intersection with Valle Road. For any phases of development prior to issuance of the 151St Residential Building Permit any section of Avenida California Street leading to a developed subdivision phase, within Tentative Tract Map 15609 and/or 14196, shall be completed from Via California to that phase, prior to issuance of the first building permit of such phase. Any deviation shall be subject to review and approval by the City Engineer. 1.4 Off -Site Circulation Improvement Construction. Prior to the completion of Avenida California, or the issuance of the 151st Building Permit, whichever comes first, the applicant shall design and construct the off-site improvements listed below to their ultimate standard configurations in accordance with the City's Master Plan of Streets and Highways and to the satisfaction the City Engineer. All easements, right-of-way acquisitions, dedications and permits needed from any agency to accommodate said improvements listed below shall be obtained by the applicant, with City's assistance. Any deferral in the timing of this condition, due to unforeseen delays caused by the City or outside regulatory agencies, shall be subject to review and approval by the City Engineer. Valle Road & San Juan Creek Road.- Improvements: oad:Improvements: Construct a northbound left -turn lane -3- La Novia Avenue & Valle Roadll-5 Northbound Ramps: Improvements: Realign La Novia Avenue and the 1-5 NB Ramps and install a traffic signal. Valle Road from San Juan Creek Road to La Novia Avenue: Improvements: Widen to a two-lane divided roadway. 2. Securit : A. Subdivider shall, at all times beginning with the execution of this agreement, guarantee Subdivider's performance of this agreement by providing City with the following security instruments (the "Security Instruments"), as required by the State Subdivision Map Act, on forms approved by City for the purposes and in the amounts as follows: (i) A Faithful Performance Bond to ensure faithful performance of this agreement in regard to said improvements in the amount of 100% of the estimated cost of construction of the improvements (110% for water related improvements); and (ii) A Labor and Materials Bond to secure payment to any contractor, subcontractor, persons renting equipment or furnishing labor or materials for the improvements required to be constructed or installed pursuant to this agreement in the additional amount of 100% of the estimated cost of construction of the improvements (110% for water related improvements); and (iii) A Subdivision Monument Bond in the amount of 100% of the estimated cost of setting subdivision monuments as shown in Exhibit "A". B. in order to guarantee and warranty the Works of Improvement and h addition to the security instruments referenced in Paragraph 2(A) above, Subdivider shall provide to City the following Security Instruments: (i) Prior to the City's final acceptance of the Works of Improvement and recordation of a Notice of Completion, Subdivider shall provide to City a Warranty Bond for Works of Improvement warranting the accepted Works of Improvement for a period of one (1) year following said acceptance against any defective work or labor done or defective material furnished. The amount of such Warranty Bond for Works of Improvement shall be equal to twenty-five percent (25%) of the estimated construction cost set forth in Exhibit "A", or a suitable amount determined by the City Engineer. (ii) Prior to the City's final acceptance of the landscape and irrigation Works of Improvement, Subdivider shall provide a Landscape and Irrigation Warranty Bond warranting the landscape and irrigation Works of Improvement for a period of (1) year following said acceptance against any defective work or labor done or defective material furnished for any reason other than improper maintenance. The amount of such Landscape and Irrigation Warranty Bond shall be equal to twenty percent (20%) of the landscape architect's estimated construction cost, or a suitable amount determined by the City Engineer. The Landscape and Irrigation Warranty Bond shall be held by the development's Homeowners' Association ("HOA). All Security Instruments required by this agreement, with the exception of the Landscape and Irrigation Warranty Bond, which is submitted to the development's HOA, shall be kept on file with the City Clerk. The terms of the Security Instruments required by this agreement are hereby incorporated in this agreement by reference. City shall release the Faithful Performance Bond upon Subdivider's written request following acceptance by City of the Works of Improvement and Subdivider's delivery to City of the Warranty Bond for Works of Improvement. City shall release the Labor and Materials Bond upon Subdivider's written request and following acceptance by City of the Works of Improvement and after expiration of the time within which lien claims are required to be made pursuant to Article 3 (commencing with Section 3114) of Chapter 2 of Title 15 of Part 4 of Division Third of the California Civil Code. If lien claims have been timely filed, City shall hold the Labor and Materials Bond until (a) such claims have been resolved, (b) Subdivider has provided a statutory bond, or otherwise as required by applicable law. City Engineer shall release the Warranty Bond for Works of Improvement upon Subdivider's written request following the expiration of the warranty period, provided no claims are outstanding at that time regarding defective work. The release of the Landscape and Irrigation Warranty Bond held by the HOA will be determined by a separate agreement between the developer and the HOA. 2.1 Form of Security Instruments. All Security Instruments shall meet the following minimum requirements and otherwise shall be in a form acceptable to the City Attorney: (i) Any insurance company acting as surety shall have a minimum rating of A -IX, as rated by the current edition of Best's Key -5- Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858; any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's; (ii) Payments under the Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the County of Orange, State of California; (iii) Each of the Security Instruments shall have a minimum term of one (1) year after the deadline for Subdivider's completing the Works of Improvement, in accordance with paragraph 3 herein; (iv) The Security Instruments shall reference Subdivider's obligations under this Agreement, shall be irrevocable, and shall include as an additional obligation secured the responsibility to compensate City for all of the City's attorneys' fees and litigation expenses reasonably incurred enforcing its rights under the Security Instruments. 3. Time of Completion: All of the Works of Improvement shall be completed within twenty-four (24) months from the effective date of this Agreement. The time for completion may be extended by the City Engineer, in writing, for good cause shown by the Subdivider. Subdivider shall compensate the City for all costs reasonably incurred in having its authorized representatives perform the usual and customary engineering services during said extension as specified in Paragraph 19 below. In the event that Subdivider fails to complete the Works of Improvement within said period or any approved extension, the City may complete said work and shall be entitled to recover the full cost and expenses thereof from Subdivider, or his surety as herein provided. The City may require Subdivider, or his surety, to pay the City in advance, sufficient monies to cover the City's cost in completing construction of said Works of Improvement. 3.1 Force Majeure: Notwithstanding the provisions of paragraph 3 herein, Subdivider's time for completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikes, lockouts, acts or failures to act of a public agency (including City), required changes to the Scope of Work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than thirty (30) days prior to City's receipt of a written notice -6- from Subdivider or its contractor detailing the grounds for Subdivider's claim to a right to extend its time for performance hereunder. 3.2 Continuous Work: After commencement of construction of the Works of Improvement (or separable portion thereof), Subdivider shall cause such work to be diligently pursued to completion, and shall not abandon the work for a consecutive period of more than thirty (30) days, events of force majeure excepted. 3.3 Reversion to Acreage: In addition to whatever other rights City may have due to Subdivider's failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Sections 66499.11-66499.20- 314. In this regard, Subdivider agrees that if none of the Works of Improvement referenced herein have been made within the specified "Time of Completion" referenced in paragraph 3 above or within the time allowed herein, whichever is the later, and if City thereafter initiates proceedings to revert the Property to acreage, any improvements made by or on behalf of Subdivider after the date City initiates such action shall not be considered in determining City's authority to revert the Property to acreage. 4. Effective Date of Agreement: This Agreement shall not become effective unless and until the subdivision map has been approved by the City Council and also accepted for recordation by the County Recorder of the County of Orange. 5. Utility Deposits - Statement: Prior to the commencement of any work to be performed within the area delineated on the Final Map, the Subdivider must file a written statement with the City Clerk and City Engineer, signed by the Subdivider, to the effect that Subdivider has made all deposits legally required by such public utility corporation for the connection of any and all public utilities to be supplied by such public utility corporation within the subdivision. 6. Permits - Compliance with Law: Subdivider shall, at Subdivider's expense, obtain all necessary permits and licenses for the construction of required improvements, give all necessary notices and pay all fees and taxes required by law. -7- 7. Definitions and Ownership of Improvements: The term "improvements" means: grading, paving, curbs and gutters, pathways, storm drains, sanitary sewers, domestic and non-domestic water, utilities, such as electric, telephone and cable TV, conduits, gas lines, drainage facilities, traffic controls, landscaping and irrigation, street lights, and all other required facilities as shown in detail upon plans, profiles and specifications which have been prepared or are now in final preparation by engineers acting for Subdivider subject to approval by the City Engineer. No work on said improvements shall be commenced until plans and profiles therefore have been submitted to, approved and permitted by the City Engineer. All required public improvements constructed or installed pursuant to this Agreement shall become the sole exclusive property of the City, without payment therefore, upon acceptance of said improvements by the City Council. 8. Obligations of Subdivider: Notwithstanding the fact that Subdivider's plans and specifications, completion of the work, and other acts are subject to approval of the City, it is understood and agreed that any approval by the City thereof shall in no way relieve Subdivider of satisfactorily performing said work or the related obligations hereunder. The construction shall be done strictly in accordance with the plans and specifications including supplementals and revisions prepared by Subdivider or its registered engineer, and as approved by the City as being consistent with the City Code and Standards. Subdivider warrants that its plans and specifications conform as a minimum to said codes and standards and that they are adequate to accomplish the work in a good workmanlike manner and in accordance with responsible construction practices. In addition to the foregoing, Subdivider shall satisfy all the conditions of approval set forth on the City approved tentative map for the Property. Subdivider shall also perform all work and furnish all materials necessary, in the opinion of the City Engineer and on his order, to complete the Works of Improvement in accordance with the plans and specifications on file as hereinbefore specified, or with any changes required or ordered by said Engineer which, in his opinion, are necessary or required to complete this work. 9. Intent of Plans and Specifications The intent of the plans and specifications referenced above is to prescribe a complete work of improvement, which Subdivider shall perform, or cause to be performed in a manner acceptable to the City Engineer (or designee) and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility, even though the plans and specifications may not specifically call out all items of work required for the contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made of information necessary to carry out the full intent and meaning of the plans and specifications, Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the plans, specifications, or related documents, reference shall be made to the City Engineer whose decision thereon shall be final. 10. Superintendence by Subdivider: Subdivider shall give personal superintendence to the Works of Improvement, or have a competent foreman or superintendent, satisfactory to the City Engineer, on the work at all times during progress, with authority to act for Subdivider. In the event the Subdivider is not exercising satisfactory superintendence, the City Engineer may order suspension of all work within the subdivision until the deficiency is adequately corrected. 11. Repair and Replacements: Subdivider shall replace, or have replaced, or repair, or have repaired, as the case may be, or pay to the owner the entire cost of replacement or repairs, for all survey monuments or for any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City or by any public or private corporation, or by any person whomsoever or by combination of such owners. Any such repair or replacement shall be completed in a reasonable manner and subject to the approval of the City Engineer and affected property owner. 12. Inspection by City: Subdivider shall at all times maintain proper facilities and provide safe access for inspection by City to all parts of the work and to the shops where the work is in preparation. The Subdivider shall pay the cost of inspections. City's inspector shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement. The inspection of the work by City shall not relieve Subdivider or the contractor of any obligations to fulfill this Agreement as herein provided; unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted. No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by City is made. Final acceptance shall not constitute a waiver by City of defective work subsequently discovered. The date on which the Works of Improvement will be considered as complete shall be that date on which the City Council accepts the improvements and authorizes the City Clerk to file a Notice of Completion with respect thereto. 13. Authority of the City Engineer: All required improvements shall be constructed under the inspection of and subject to approval of the City Engineer. Therefore, it is mutually agreed by the parties hereto that the City Engineer shall have the right to reject any or all of the work to be performed under this contract if such work does not conform with City Codes and Standards and the plans and specifications mentioned herein, including subsequent revisions that may have been previously overlooked during the plan review process. Any damage to the improvements (existing or new) that occurs during or after installation of work performed under this Agreement shall be repaired or replaced, by the Subdivider, to the satisfaction of the City Engineer before the final acceptance of completed work and release of security. In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to make a final decision in regard to all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and Subdivider's contractor. 14. Changes in the Work: The City Engineer, without invalidating this Agreement and without notification to any of the sureties referenced in paragraph 2, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer to accomplish the purposes of this Agreement and to protect the public health, safety, and welfare. It is mutually understood that it is inherent in the nature of the work contemplated by this Agreement that some changes in the plans and specifications and related documents may be necessary during the course of construction to adjust them to field conditions and to assure the protection of the public health, safety, and welfare. The City Engineer shall notify Subdivider or Subdivider's contractor in writing (by Correction Notice) at the time a determination has been made to require changes in the Works of Improvement. No field changes performed or proposed by Subdivider or its contractor shall be binding on City unless approved in writing by the City Engineer. Effie 15. No Warranty by City: The plans and specifications and related documents for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation or warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the plans or specifications or related documents. 16. Liability for Performance, Iniury or Damage: Neither the City nor any of its officers or agents shall be liable to Subdivider or its contractors for any error or omission arising out of or in connection with any work to be performed under this contract. Additionally, the City shall not be liable to the Subdivider or to any other person, firm, or corporation whatsoever, for any injury or damage that may result to any person or property by or from any cause whatsoever in, on, or about the subdivision of said land covered by this Agreement, or any part thereof. 17. Indemnifications and Release: Prior to the commencement of any work pursuant to this contract, Subdivider's contractors shall furnish to City satisfactory evidence of an insurance policy written upon a form and by a company (which meets with the approval of City) insuring City, its officers, agents, and employees against loss or liability which may arise during the work or which may result from any of the work herein required to be done, including all costs of defending any claim arising as result thereof. Minimum liability and property damage insurance shall be not less than $500,000 for all damages arising out of bodily injury to or death of one person and not less than $1,000,000 for all damages arising out of bodily injuries to or death of more than one person in any one occurrence; and not less than $500,000 for all damages and/or destruction of property in any one occurrence and not less than $750,000 for all damages and/or destruction of property during the policy period. Said policy shall be in favor of Subdivider or its contractors and of the City, its officers, agents, and employees and shall be maintained in full force and effect during the life of this Agreement, including extensions. Said policy shall state by its terms and by an endorsement that it shall not be canceled until City shall have had at least ninety (90) days' notice in writing of such cancellation. The Subdivider hereby releases and agrees to defend, indemnify and hold the City harmless from and against any and all injuries to and deaths of persons and injuries to property, and all claims, demands, costs, loss, damage and liability, howsoever the same may be caused and whensoever the same may appear, resulting directly or indirectly from the performance or nonperformance of any or all work to be done in and upon the subject - 11 - property and the premises adjacent thereto pursuant to this Agreement, and also from any and all injuries to and deaths of persons and injuries to property or other interests and all claims, demands, costs, loss, damage, and liability, howsoever the same may be caused and whensoever the same may appear, either directly or indirectly made or suffered by the Subdivider, the Subdivider's agents, employees, and subcontractors, while engaged in the performance of said work. 18. Liability of Subdivider: The Subdivider agrees that the use for any purpose and by any person of any and all of the streets, easements and improvements herein specified shall be at the sole and exclusive risk of the Subdivider at all times prior to final acceptance by the City of the completed street and other improvements thereon and therein; provided that acceptance by the City shall in no way eliminate or lessen any of the Subdivider's obligations or undertakings contained in this Agreement. The issuance of any occupancy permits (if granted) by the City for buildings located within said subdivision shall not be construed in any manner to constitute an acceptance and approval of any or all of the required improvements in said subdivision. 19. Subdivider's Expenses: The Subdivider shall pay these additional expenses: a. The Subdivider shall cause to be made and/or pay for soil tests made by a reputable Geotechnical consultant/firm to determine stability, gradation, bearing, and resistance value of soils within the subdivision from which to determine the nature and design of appropriate improvements. The Subdivider shall also pay for all compaction and related tests necessary to determine that all till work and the utility trench backfill has been satisfactorily placed. b. All service (including plan check and inspection), impact and connection fees as established by City shall be paid for each lot in the subdivision in accordance with the City Code. C. All actual costs for, design, plan check, development process and inspection incurred by the City in evaluating any proposed or agreed upon change in work. In no event shall Subdivider be entitled to additional inspections or final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including, without limitation, charges for applicable penalties and additional required inspections. -12- 20 21 22 23 d. Subdivider shall compensate the City for all actual costs reasonably incurred in having its authorized representatives make the usual and customary engineering services beyond the specified "Time of Completion" referenced in paragraph 3 above. Said actual costs include: inspection of Works of Improvement, engineer design review, plan check and project development process. Subdivider agrees to pay the cost of said City services within forty-five (45) days of invoice date, or as determined by the City Engineer. Relationship of Contractors: It is hereby mutually covenanted and agreed by the parties hereto that Subdivider's contractors are not agents of the City, and that the contractors' relations to City, if any, are those of independent contractors. Certification of Satisfactory Completion: Upon the satisfactory completion of the Works of Improvement by the Subdivider, the City Engineer shall certify that the Works of Improvement have been satisfactorily completed. Repairs or Reconstruction of Defective Work: If, within a period of one year after City Council acceptance of the improvement work performed under this Agreement, any of the improvements or work done under this Agreement fails to fulfill any of the requirements of this Agreement, or the specifications referred to herein, Subdivider shall without delay and without any cost to the City (upon receipt of written notice from the City), repair or replace or reconstruct any defective or otherwise Unsatisfactory part, or parts, of the work or structure. Should Subdivider fail to act promptly or in accordance with this requirement, or should the exigencies of the case require repairs or replacements to be made before Subdivider can be notified, City may, at its option, make the necessary repairs or replacements or perform the necessary work and Subdivider shall pay to City the actual cost of such repairs plus an amount equivalent to the current general City overhead costs. Warrant : Without limiting the foregoing, Subdivider warrants and guarantees: materials used and workmanship performed on said work for a period of one (1) year after completion and acceptance thereof by the City, the setting of all required Final Map monuments and agrees to maintain all required landscaping in a vigorous and thriving condition for a period of twelve (12) -13- months after completion and written acceptance thereof by the Director of Engineering and Building and by the Homeowner's Association. Only the warranty security for the landscape improvement shall be posted with the Homeowner's Association. All other security instruments shall be submitted to the City in accordance with Section 2 above. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law. 24. Default: 24.1 Remedies Not Exclusive: In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, such remedy shall be in addition to, and not exclusive of, City's right to pursue any other administrative, legal, or equitable remedy to which it may be entitled. 24.2 City Right to Perform Work: In addition to whatever other rights or remedies it may have for Subdivider's default hereunder, in the event Subdivider shall fail to timely perform any work required to be performed under this Agreement and such failure shall continue for a period of thirty (30) days after receipt of written notice of default from City, or thereafter Subdivider shall fail to diligently pursue the cure of any such default to completion, City shall have the right to enter into the Property and perform any of the uncompleted work by force account or contract or both and thereupon recover from Subdivider and the surety company, or both, the full cost and expense thereby incurred by City. 24.3 Attorney's Fees and Costs: In the event of any litigation arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney's fees and costs. Such attorney's fees and costs shall include fees and costs on any appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment. -14- 25. 26. 27 Notice of Completion: Upon approval of the Works of Improvement acceptance by the City Council, the Subdivider County Recorder a Notice of Completion of specified. Filing of Improvement Plans: by the City Engineer and shall file with the Orange the improvements herein Upon completion of the job and prior to final acceptance of the Works of Improvement by the City, the Subdivider shall submit to the City Engineerfor review and approval, one Mylar (4 mils) set of "record" drawings as well as digital copies of all improvement plans in accordance with the latest edition of the ACity of San Juan Capistrano Digital Submission Standards@. These drawings shall be certified and shall reflect the job as actually constructed, with all changes incorporated therein. Assignment: This agreement shall not be assignable by Subdivider without written consent of City. -15- IN WITNESS WHEREOF, two (2) identical counterparts of this agreement, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Subdivider herein named on the_j_5_th day of 5_L0+ , 2006, the name and corporate seal of each corporate party being hereto affix d8 se presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. SJD PARTNERS, LTD., A California Limited Partnership By:_ A'd� Its: General Counsel (Attach Notary Acknowledgement) Attachment: Exhibit A -16- CITY OF SAN JUAN CAPISTRANO �� /�M000 APPROVED AS TO FORM: Jon , City Attorney CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange On September 15, 2006 before me, Susan E. Morales/Notary Public NAME, TITLE OF OFFICER personally appeared Bruce V. Cook NAME OF SIGNER(S) ® Personally known to me - or - ❑ Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within - _ - _ _ _ _ _ _ _ _ _ _ - instrument and acknowledged to me that he/she/they SLO M E. MORM I executed the same in his/her/their authorized capacity(ies), CO nn*W ^ # 1632049 and that by his/her/their signature(s) on the instrument the TalarRUIL-CaNfaai10 ( person(s), or the entity upon behalf of which the person(s) jMrCw=0=EV c=D@c242004 acted, executed the instrument. WITNESS my hand and official seal. Z%7�q�1/�� (SIGNATURE 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 ❑ INDIVIDUAL/OWNER ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ MANAGING MEMBER ® GENERAL COUNSEL ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SJD Partners, Ltd DESCRIPTION OF ATTACHED DOCUMENT Subdivision Agreement - Tr. #16751 TITLE OR TYPE OF DOCUMENT 16 NUMBER OF PAGES 09/15/06 DATE OF DOCUMENT SUBDIVISION IMPROVEMENT AGREEMENT - TRACT 16751 EXHIBIT "A" WORKS OF IMPROVEMENT Type of Improvements: Grading Erosion and Silt Control Off-site Circulation Obligations Street and Related appurtenances Storm Drain Sanitary Sewer Landscaping and Irrigation Street Monuments Water and related appurtenances Exhibit A Estimated Construction Cost Or Bond Amount Processed through BLDG. Division Processed through BLDG. Division Bonds were processed separately $ 219,070 $ 78,031 $ 83,952 $ 141,578 $ 14,000 $53,215 PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 1181) On October 17, 2006 before me, Maria Morris, Deauty City Clerk, personally appeared David M. Swerdlin personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she/they 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(s) acted, executed the instrument. (SEAL) WIT Cl OPTIONAL Capacity Claimed by Signer Municipal Corporate Officer Mayor Title Signer is Representing City of San Juan Capistrano and official seal. Description of Attached Document Subdivision Improvement Agreement — Final Tract Map 16751 (SJD Partners, LTD) Date: October 17, 2006 BONI) ISSUED IN THREE COUNTERPARTS BOND No. 5021874 PREMIUM: $5,477.00 SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE 66499.1) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and SJD PARTNERS, LTD.. (hereafter designated as "Principal'), have entered into a Subdivision Agreement whereby Principal agrees to Install and complete certain designated public improvements, which said Agreement dated 20 and made a part hereof; and WHEREAS, said Principal is required, under the terms of said Agreement, to furnish a bond for the faithful performance of said Agreement to guarantee certain work, more particularly described as follows:, TRACT 16751 - STREET AND RELATED IMPROVEMENTS NOW, THEREFORE, we, the Principal and BOND SAFEGUARD INSURANCE COMPANY as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), In the sum of TWO HUNDRED NINETEEN THOUSAND SEVENTY & 00/100 Dollars, ($. 219,070.00 ) 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, }ointly and severally, firmly by these presents. NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements, then the obligation shall be null and void, othenviso 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 ovent 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 succossfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of 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 _ 11TH day of SEPTEMBER 2006 , at ORANGE California. APPROVED S TOM By John R. haw, Clty Attorney PRINCIPAL SJD PARTNERS, LTD. By: Bruce V. COOK, Genual Counsel (NOTARIZATION AND SEAL) SURETY BOND SAFEGUARD INSURANCE COMPANY BY: /7� . VT BEATA A. SENSI, ATTORNEY-IN-FACT (NOTARIZATION AND SEAL) CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange On September 15, 2006 before me, Susan E. Morales/Notary Public NAME, TITLE OF OFFICER personally appeared Bruce V. Cook NAME OF SIGNER(S) ® Personally known to me - or - ❑ Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (SIGNATURE 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 ❑ INDIVIDUAL/OWNER ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ MANAGING MEMBER ® GENERAL COUNSEL ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SJD Partners, Ltd. DESCRIPTION OF ATTACHED DOCUMENT Performance Bond #5021874 Tract #16751 TITLE OR TYPE OF DOCUMENT 2 NUMBER OF PAGES 09/11/06 DATE OF DOCUMENT CALIFORNIA ALL-PURPOSE State of County of CALIFORNIA ORANGE MENT On SEPTEMBER 11, 2006 before me, CYNTHIA S. WOZNEY, NOTARY PUBLIC DATE NAME, TITLE OF OFFICER - E.G.,'JANE DOE, NOTARY PUBLIC' personally appeared BEATA A. SENSI NAME(S) OF SIGNER(S) D personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized �CY .0.0gS,WOZNEY ca acit les y " COMM.#1670733 a P Y( ), and that b his/her/their N09ary PUbfiC C8WI0r "` signature(s) on the instrument the person(s), .L k s ORANGE. COUNTY My Comm. Exp June 25.2 or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TmJE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTny{IES) BOND SAFEGUARD INSURANCE COMPANY DESCRIPTION OF ATTACHED DOCUMENT PERFORMANCE BOND d TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES SEPTEMBER 11, 2006 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE POWER OF ATTORNEY AO 23922 Bond Safeguard INSURANCE COMPANY KNOW ALL MEN BY THESE. PRESENTS, that BOND SAFEGUARD INSURANCE COMPANY, an Illinois Corporation with its principal office in Lombard, Illinois, does hereby constitute and appoint: D. J. Picard, Todd M. Rohm, Sejal P. Lange, ****** Cathy S. Kennedy, Beata A. Sensi, Cynthia S. Wozney its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND SAFEGUARD INSURANCE COMPANY on the 7th day of November, 2001 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond, $ 3.000.000.00 Three million dollars'•••"""'•••••••••••••••••""'•••'«••••••••••••••••••••••"• which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attomey-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney -In -Fact, so appointed, may be removed for good rause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate Seal to be affixed this 7th day of November, 2001. On this 7th day of November, 2001, before me, personally came David E. Campbell to me known, who being duly swom, did depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. "OFFICIAL SEAL" f LYDIA J. DEJONG _ J < c—JI rry Notary Public, State of Illinois J My Commission Expires 1/12/07 Lydia J. DeJong Notary Public CERTIFICATE I, the undersigned, Vice President of BOND SAFEGUARD INSURANCE COMPANY, An Illinois Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at Lombard, Illinois this AITH Day of SEPTEMBER P006 nNo� c BOND SAFEGUARD INSURANCE COMPANY AN ;o ! 'iS'L^/JI UM�u'✓! IS INSUIRAONCE Donald D. Buchanan COMPANY Secretary T BY David E: Campbell President ACKNOWLEDGEMENT On this 7th day of November, 2001, before me, personally came David E. Campbell to me known, who being duly swom, did depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. "OFFICIAL SEAL" f LYDIA J. DEJONG _ J < c—JI rry Notary Public, State of Illinois J My Commission Expires 1/12/07 Lydia J. DeJong Notary Public CERTIFICATE I, the undersigned, Vice President of BOND SAFEGUARD INSURANCE COMPANY, An Illinois Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at Lombard, Illinois this AITH Day of SEPTEMBER P006 nNo� c AN ;o ! 'iS'L^/JI UM�u'✓! IS INSUIRAONCE Donald D. Buchanan COMPANY Secretary BOND ISSUED IN THREE COUNTERPARTS BOND NO. 5021874 PREMIUM CHARGED IS INCLUDED IN PERFORMANGE BOND SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE 664992) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and SJD PARTNERS, LTD. (hereafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated public improvements more particularly described as follows: TRACT 16751 — STREET AND RELATED IMPROVEMENTS WHEREAS said Agreement dated _,20__, Is hereby referred to 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 BOND SAFEGUARD INSURANCE COMPANY _! as Surety, are held firmly bound unto the City of San Juan Capistrano, hereinafter called "City' in the penal sum of TWO HUNDRED NINETEEN THOUSAND SEVENTY & 00/100 Dollars, ($ 219,070.00 __ ) 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, NOW, THEREFORE, the condition of this obligation is such that it 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, Page 1 of 3 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 shalt indemnify and save harmless the City, its offers, 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. 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 therefor, 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. 2. Said Surety hereby stipulates and agrees that no change, extension of time, alteration, or modification of the terms of the agreement 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 terms of the agreement or of the work or to the specifcations. 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 11TH —day of SEPTEMBER 20_06 _, 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. Page 2 of 3 APPROVED AS TO FORM: By John R. *vCity,ttorney NOTE. Please Attach Acknowledgement and Power of Attorney PRINCIPAL SJD PARTNERS, LTD. BY: /a `' eruct V. CooK, Crcneml Counsel (NOTARIZATION AND SEAL) SURETY BOND SAFEGUARD INSURANCE COMPANY BY: &Z G�'� BEAT A. SENSI, ATTORNEY—IN—FACT (NOTARIZATION AND SEAL) Page 3 of 3 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange On September 15, 2006 before me, Susan E. Morales/Notary Public NAME, TITLE OF OFFICER personally appeared Bruce V. Cook NAME OF SIGNER(S) ® Personally known to me - or - ❑ Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. t-4CA040 'e- - M m (SIGNATURE 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 ❑ INDIVIDUAL/OWNER ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ MANAGING MEMBER ® GENERAL COUNSEL ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SJD Partners, Ltd. DESCRIPTION OF ATTACHED DOCUMENT Payment Bond #5021874 Tract #16751 TITLE OR TYPE OF DOCUMENT 3 NUMBER OF PAGES 09/11/06 DATE OF DOCUMENT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On SEPTEMBER 11, 2006 before me, CYNTHIA S. WOZNEY, NOTARY PUBLIC DATE NAME, TITLE OF OFFICER • E.G., 'JANE DOE, NOTARY PUBLIC' personally appeared BEATA A. SENSI NAME(S) OF SIGNER($) © personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), CYWHIAS.WOZNEY or the entity upon behalf of which the COMM. #1670733 u person(s) acted, executed the instrument. Notary PublOCalNomia j p ( ) n n� ORANGE rl N"', PL _ ....n.. -.m FYD.June �2ptq WITNESS my hand and official seal. OPl Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL D ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENRTY(IES) BOND SAFEGUARD INSURANCE COMPANY DESCRIPTION OF ATTACHED DOCUMENT LABOR AND MATERIAL BOND K] TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES SEPTEMBER 11. 2006 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE POWER OF ATTORNEY AO 23923 Bond Safeguard INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEGUARD INSURANCE COMPANY, an Illinois Corporation with its principal office in Lombard, Illinois, does hereby constitute and appoint: **44** D. J. Picard, Todd M. Rohm, Sejal P. Lange, Cathy S. Kennedy, Beata A. Sensi, Cynthia S. Wozney++x+xx+x++xxxxx+++xxx++++xxxx++++xxxx++xxxxxx++xxxx++++xxxx+ its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND SAFEGUARD INSURANCE COMPANY on the 7th day of November, 2001 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond, $ 3,000.000.00 Three million dollars"""•••••••""'•••""""•."'•""......"""'•••... which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney -In -Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney -In -Fact, so appointed, may be removed for good rause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate Seal to be affixed this 7th day of November, 2001. 'O o BOND SAFEGUARD INSURANCE COMPANY AN O� ILLINOIS a INSURANCE COMPANY BY David E: Campbell President ACKNOWLEDGEMENT On this 7th day of November, 2001, before me, personally came David E. Campbell to me known, who being duly sworn, did depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. "OFFICIAL SEAL" �f LYDIA J. DEJONG co:, Notary Public, State of Illinois / My Commission Expires 1/12/07 Lydia J. DeJong Notary Public CERTIFICATE I, the undersigned, Vice President of BOND SAFEGUARD INSURANCE COMPANY, An Illinois Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at Lombard, Illinois this 11TH Day of SEPTEMBER 20 06 INSUggNCt`CO� ��GJPvo (�//���� QP AN �i ��� ,, ///l,// m INSURANCEILLINOISg p:]U1(.!M-f%` Donald D. Buchanan COMPANY Secretary BOND ISSUED IN THREE COUNTERPARTS BOND N0. 5021875 PREMIUM: $1,951.00 SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE 66499.1) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and SJD PARTNERS, LTD.. (hereafter designated as "Principal'), have entered into a Subdivision Agreement whereby Principal agrees to Install and complete certain designated public improvements, which said Agreement dated 20 and made a part hereof; and WHEREAS, said Principal is required, under the terms of sold Agreement, to furnish a bond for the faithful performance of said Agreement to guarantee certain work, more particularly described as follows:, TRACT 16751 — STORM DRAIN IMPROVEMENTS NOW, THEREFORE, we, the Principal and BOND SAFEGUARD INSURANCE COMPANY as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), In the sum of SEVENTY EIGHT THOUSAND THIRTY ONE & 00/100 Dollars, ($ 7a.031 Q_`) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements, then the obligation shall be null and void, otherwiso 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 ovent of default. BE If FURTHER RESOLVED: 1 As a pad of the obllgation 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 obllgation, all to be taxed as costs and Included In any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no charige, 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 11TH day of SEPTEMBER 2006 , at ORANGE California. APPROVED S TO F RM' 1\ . By _ John R. haw, City Attorney PRINCIPAL SJD PARTNERS, LTD. Bruce V. COOK. General Counsel (NOTARIZATION AND SEAL) SURETY BOND SAFEGUARD INSURANCE COMPANY BY�1 BEAT A. SENSI, ATTORNEY—IN—FACT (NOTARIZATION AND SEAL) CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange On September 15, 2006 before me, _ Susan E. MoraleslNotary Public NAME, TITLE OF OFFICER personally appeared Bruce Y. Cook NAME OF SIGNER(S) ® Personally known to me - or - ❑ Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. nm 4— M Q20- (SIGNATURE 2(SIGNATURE 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 ❑ INDIVIDUAL/OWNER ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ MANAGING MEMBER ® GENERAL COUNSEL ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SJD Partners, Ltd. DESCRIPTION OF ATTACHED DOCUMENT Performance Bond #5021875 Tract #16751 TITLE OR TYPE OF DOCUMENT 2 NUMBER OF PAGES 09/11/06 DATE OF DOCUMENT State of CALIFORNIA County of ORANGE On SEPTEMBER 11, 2006 before me, DATE personally appeared BEATA A. SENSI CYNTHIA S. WOZNEY, NOTARY PUBLIC NAME, TITLE OF OFFICER - CO.. -JANE DOE, NOTARY PUBLIC' NAME(S) OF SIGNER(S) © personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), CYNTHIAS.WOZNEY or the entity upon on behalf of which the r COMM. #1670733 w Notary Public -California person(s) acted, executed the instrument. 'nll � ORANGE COUNTY My Comm. Ezp. June 25,2010 WITNESS my hand and official seal. SIGNATURE OF TARP OPTIONAL Though the data below is not required by law, R may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TM-E(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: _ SIGNER IS REPRESENTING: NAME OF PERSCN(S) OR ENnTY(IES) BOND SAFEGUARD INSURANCE COMPANY DESCRIPTION OF ATTACHED DOCUMENT PERFORMANCE BOND 2 TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES SEPTEMBER 11, 2006 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE POWER OF ATTORNEY Ao 24181 Bond Safeguard INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEGUARD INSURANCE COMPANY, an Illinois Corporation with its principal office in Lombard, Illinois, does hereby constitute and appoint: D. J. Picard, Todd M. Rohm, Sejal P. Lange, ******* Cathy S. Kennedy, Beata A.Sensi, Cynthia S. Wozney*************************************** its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND SAFEGUARD INSURANCE COMPANY on the 7th day of November, 2001 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond, $ 3,000,000.00 Three million dollars "'•'••••""'••••«««"'•••••••"""••••••""•••••••'•"••••• which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attomey-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney -In -Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate Seal to be affixed this 7th day of November, 2001. OFo BOND SAFEGUARD INSURANCE COMPANY AN Oq ILLINOIS a INSURANCE K COMPANY BY David E: Campbell President ACKNOWLEDGEMENT On this 7th day of November, 2001, before me, personally came David E. Campbell to me known, who being duly sworn, did depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. "OFFICIAL SEAL" (/ LYDIA J. DEJONG Notary Public, State of Illinois JJ My Commission Expires 1/12/07 Lydia J. DeJong Notary Public CERTIFICATE I, the undersigned, Vice Presidentof BOND SAFEGUARD INSURANCE COMPANY, An Illinois Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at Lombard, Illinois this 11TH Day of SEPTEMBER 2006 J90INSU��O O4 %ILLINOIS m INSURANCE Donald D. Buchanan COMPANY Secretary BOND ISSUED IN THREE COUNTERPARTS BOND N0, 5021875 PREMIUM CHARGED IS INCLUDED IN PERFORMANCE BOND SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE 66499.2) WHEREAS, the City Council of the City of Sari Juan Capistrano, State of California, and SJD PARTNERS, LTD. (hereafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated public improvements more particularly described as follows: TRACT 16751 -STORM DRAIN IMPROVEMENTS WHEREAS said Agreement dated 20__, Is hereby referred to 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 BOND SAFEGUARD INSURANCE COMPANY as Surety, are held firmly bound unto the City of San Juan Capistrano, hereinafter called "City' in the penal sum of SEVENTY EIGHT THOUSAND THIRTY ONE & 00/190 Dollars, ($ 78,031.00 _) 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. NOW, THEREFORE, 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, Page 1 of 3 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 offers, 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. 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 therefor, 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. 2. Said Surety hereby stipulates and agrees that no change, extension of time, alteration, or modification of the terms of the agreement 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 terms of the agreement or of 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 11TH — day of SEPTEMBER '20 06 _, 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. Page 2 of 3 APPROVED AS TO FORM: By John H 4haw, City Attorney NOTE: Please Attach Acknowledgement and Power of Attorney PRINCIPAL SJD PARTNERS, L'rD. BY: _ Bruce V• Coo K I —Crtnerel Counsel (NOTARIZATION AND SEAL) SURETY BOND SAFEGUARD INSURANCE COMPANY BY: ) BEAT . SENSI, ATTORNEY—IN—FACT (NOTARIZATION AND SEAL) Page 3 of 3 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange On September 15, 2006 before me, Susan E. Morales/Notary Public NAME, TITLE OF OFFICER personally appeared Bruce V. Cook NAME OF SIGNER(S) ® Personally known to me - or - ❑ Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 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 ❑ INDIVIDUAL/OWNER ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ MANAGING MEMBER ® GENERAL COUNSEL ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SJD Partners, Ltd DESCRIPTION OF ATTACHED DOCUMENT Payment Bond #5021875 Tract #16751 TITLE OR TYPE OF DOCUMENT 3 NUMBER OF PAGES 09/11/06 DATE OF DOCUMENT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On SEPTEMBER 11, 2006 before me, CYNTHIA S. WOZNEY, NOTARY PUBLIC DATE NAME, TITLE OF OFFICER - E.G.,'JANE DOE, NOTARY PUBLIC' personally appeared BEATA A. SENSI NAME(S) OF SIGNER(S) © personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that helshe/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), y�+CYNTHIA S.vvOZNEY or the entity upon behalf of which the COMM.#1670733 rr person(s) acted, executed the instrument. Notary Publlc-California p} a ORANGE COUNTY MyCow. 5x'' �'�10 WITNESS my hand and official seal. GNATURE OF NOT Y 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 ❑ INDIVIDUAL ❑ CORPORATE OFFICER TM-E(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 0 ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTRY(IES) BOND SAFEGUARD INSURANCE COMPANY DESCRIPTION OF ATTACHED DOCUMENT LABOR AND MATERIAL BOND 3 TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES SEPTEMBER 11, 2006 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE POWER OF ATTORNEY Ao 24182 Bond Safeguard INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEGUARD INSURANCE COMPANY, an Illinois Corporation with its principal office in Lombard, Illinois, does hereby constitute and appoint: D. J. Picard, Todd M. Rohm, Sejal P. Lange, ****"** Cathy S. Kennedy, Beata A.Sensi, Cynthia S. Wozney*************************************** its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND SAFEGUARD INSURANCE COMPANY on the 7th day of November, 2001 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond, $ 3,000.000.00 Three million dollars ""•'•"'•••••'•""'••"""'••••""•"••••'""""•••••""'• which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attomey-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney -In -Fact, so appointed, may be removed for good rause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate Seal to be affixed this 7th day of November, 2001. BOND SAFEGUARD INSURANCE COMPANY O AN Ov 2 ILLINOIS D m INSURANCE COMPANY BY i David E: Campbell President ACKNOWLEDGEMENT On this 7th day of November, 2001, before me, personally came David E. Campbell to me known, who being duly swom, did depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. "OFFICIAL SEAL" Q LYDIA J. DEJONG Notary Public, State of Illinois J `_ My Commission Expires 1/12/07 Lydia J. DeJong Notary Public CERTIFICATE 1, the undersigned, Vice President of BOND SAFEGUARD INSURANCE COMPANY, An Illinois Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at Lombard, Illinois this 11TH Day of SEPTEMBER PO 06 nry0� Oq � l ��7%/LIM�f/` AN i "2/L^/JIyY'�-�•'�'` Z Donald D. Buchanan INSURAONCE COMPANY Secretary BOND ISSUED IN THREE COUNTERPARTS BOND No. 5025351 PRF:AUUrt: $2,099.00 SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE 66499.1) WHEREAS, the City Council of the City of .San Juan Capistrano, State of California, and SJD PARTNERS, LTD. (hereafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to Install and complete certain designated public improvements, which said Agreement dated _ _ 20__ and made a part hereof; and WHEREAS, said Principal is required, under the terms of said Agreement, to furnish a bond for the faithful performance of said Agreement to guarantee certain work, more particularly described as follows:' TRACT 16751 — SANITARY SEWER IMPROVEMENTS NOW, THEREFORE, We, the Principal and BOND SAFEGUARD INSURANCE COMPANY as Surety, are field firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), In the sum of EIGHTY THREE THOUSAND NINE HUNDRED FIFTY TWO & 00/100 Dollars, ($ 83,952.00 lawful money of the United States, for the payment of which sum wall and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and several{y, firmly by these presents. NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements, then the obligation shall be null and void; otherwise It shall remain In full force and effect. Surety walvos any rights, if there he any, to require that a demand be made first against the Principal In the osent of default. BREL ff FU`�J OER RESOLVED: 1 As a part of the ub'igation 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. 2. Said Surety, for value received, hereby stipulates and agrees that no chariige, 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 __11TH _ day of SEPTEMBER 2006 , at ORANGE , California. PRINCIPAL SJD PARTNERS, LTD. APPROVED S)TO FC t _ 13Y LA, John R. haw, City Attorney RY; 6Mce V. C,00K, Gcncrat Cour4ct (NOTARIZATION AND SEAL) SURETY BOND SAFEGUARD INSURANCE COMPANY BEATA . SENSI, ATTORNEY-IN-FACT (NOTA RATION AND SEAL) CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange On September 15, 2006 before me, Susan E. Morales/Notary Public NAME, TITLE OF OFFICER personally appeared Bruce V. Cook NAME OF SIGNER(S) ® Personally known to me - or - ❑ Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 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 ❑ INDIVIDUAL/OWNER ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ MANAGING MEMBER ® GENERAL COUNSEL ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SJD Partners, Ltd. DESCRIPTION OF ATTACHED DOCUMENT Performance Bond #5025351 Tract #16751 TITLE OR TYPE OF DOCUMENT 2 NUMBER OF PAGES 09/11/06 DATE OF DOCUMENT State of CALIFORNIA County of ORANGE on SEPTEMBER 11, 2006 before me, CYNTHIA S. WOZNEY, NOTARY PUBLIC DATE NAME, TITLE OF OFFICER - E.G..'JANE DOE, NOTARY PUBLIC' personally appeared BEATA A. SENSI NAME(S) OF SIGNER(S) © personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their CYNTHIA S. signature(s) on the instrument the person(s), COMM. #1670733 rT or the entity upon behalf of which the r NotaryPubiio-Califor person(s) acted, executed the instrument. IL ORANGE COUNT( .• My Comm. Ezp. June 25, 2010 WITNESS my hand and official seal. GNATURE OF NOTY 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 ❑ INDIVIDUAL ❑ CORPORATE OFFICER TM-E(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN•FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTITY(IESI BOND SAFEGUARD INSURANCE COMPANY DESCRIPTION OF ATTACHED DOCUMENT PERFORMANCE BOND 2 TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES SEPTEMBER 11, 2006 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE POWER OF ATTORNEY Ao 24187 Bond Safeguard INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEGUARD INSURANCE COMPANY, an Illinois Corporation with its principal office in Lombard, Illinois, does hereby constitute and appoint: D. J. Picard, Tadd M. Rohm, Sejal P. Lange, ******* Cathy S. Kennedy Beata A. Sensi, Cynthia S. Wozney its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND SAFEGUARD INSURANCE COMPANY on the 7th day of November, 2001 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond, $ 3,000.000.00 Three million dollars""...... """"""""""...... which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attomey-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney -In -Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate Seal to be affixed this 7th day of November, 2001. C o BOND SAFEGUARD INSURANCE COMPANY 0 ILLINOIS Z INSURANCE Z COMPANY BY� David E. Campbell President ACKNOWLEDGEMENT On this 7th day of November, 2001, before me, personally came David E. Campbell to me known, who being duly sworn, did depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. "OFFICIAL SEAL" %f LYDIA J. DEJONG Notary Public, State of Illinois JJ My Commission Expires 1/12/07 Lydia J. DeJong Notary Public CERTIFICATE I, the undersigned, Vice President of BOND SAFEGUARD INSURANCE COMPANY, An Illinois Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at Lombard, Illinois this 11TH Day of SEPTEMBER 20 06 o O9 ��/ AN r ILLINOIS NSL'No's Donald D. Buchanan COMPANY Secretary BONll ISSUED IN 111REE COUNTERPART'S BOND I]u. 5025351 PREMIUM CHARGED IS INCLUDED IN PERFORMANCE. BOND SUBDIVISION LABOR AND PAATERIAL BOND (GOVERNMENT CODE 66499.2) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and SJD PARTNERS, LTD. (hereafter designated as 'Principal'), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated public improvements more particularly described as follows: TRACT 16751 — SANITARY SEWER IMPROVEMENTS WHEREAS said Agreement dated ----,20 Is hereby referred to 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 _BOND_ SAFEGUARD INSURANCE COMPANY as Surety, are held firmly bound UM0 the City of San Juan Capistrano, hereinafter called "City' in the pevat sum of EIGHTY THREE THOUSAND NINE HUNDRED FIFTY TWO & 00/100 Dollars, ($ 83,952.00 ) lawful money of the United States, for the payment of which sum we[! and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firrnly by these presents, NOVV, THEREFORE, the condition of this obligation is such that if the above bound Principal, his or its hers, executors, administrators, successors or assigns, shall in ah things stand to and abide by and well and truly keep and perform the covenants, Page 1 of 3 cr,ndlt,nnc and provisbns in the said and any aiter<tion thereo` malc gas therein pro/dKj, on his or tneir part, to be kept and performed at the time and In tiro manner therein specified, and in all respects according to their true intent and meurimg, and shall indemnify and save harmless the City, its offers, agents and employees as therein stipulated, then this obligation shall become nuli and void, otherwise it shall be and 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 therefor, 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. 2. Said Surety hereby stipulates and agrees that no change, extension of time, alteration, or modification of the terms of the agreement 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 terms of the agreement or of 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 11TH ^ day of SEPTEMBER _ — , 20 06 , 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. Paye 2 of 3 PRU1ClPAL s rD I'Ap"I NF,P,s , t,,ru. BY: 6tuct V. Coa K , Grncral Coungni (NOTARIZATION AND SEAL) APPROVED AS TO FORMA SURETY BOND SAFEGUARD INSURANCE COMPANY ByJl ohn R . haw, City Attorney By: BEAT SENSI, ATTORNEY-IN-FACT (NOTARIZATION AND SEAL) NOTE Please Attach Acknowledgement and Power of Attorney Paye 3 of 3 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California Counly of Orange On September 15, 2006 before me, personally appeared M Personally known to me - or - ❑ Susan E. Morales/Notary Public NAME, TITLE OF OFFICER Bruce Y. Cook NAME OF SIGNER(S) Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 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 ❑ INDIVIDUAL/OWNER ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ MANAGING MEMBER M GENERAL COUNSEL ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SJD Partners, Ltd. DESCRIPTION OF ATTACHED DOCUMENT Payment Bond #5025351 Tract #16751 TITLE OR TYPE OF DOCUMENT 3 NUMBER OF PAGES 09/11/06 DATE OF DOCUMENT CALIFORNIA ALL-PURPOSE State Of CALIFORNIA County of ORANGE On SEPTEMBER 11, 2006 DATE personally appeared before me, CYNTHIA S. WOZNEY, NOTARY PUBLIC BEATA A. SENSI NAME. TITLE OF OFFICER - E.G..'JANE DOE. NOTARY PUBLIC' NAME(S) OF SIGNER(S) © personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), CYNTHIAS.WOZNEY or the entityon behalf of which the \ COh9M #1670733 m up •`i;p Notary>'ublic-California person(s) acted, executed the instrument. `1 ORANGE COUNTY p. June 25, 2090 My Comm. Ex WITNESS my hand and official seal. OPZ-- - 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 forth. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 0 ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) BOND SAFEGUARD INSURANCE COMPANY DESCRIPTION OF ATTACHED DOCUMENT LABOR AND MATERIAL BOND 3 TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES SEPTEMBER 11, 2006 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE POWER OF ATTORNEY AO 24188 Bond Safeguard INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEGUARD INSURANCE COMPANY, an Illinois Corporation with its principal office in Lombard, Illinois, does hereby constitute and appoint: D. J. Picard, Todd M. Rohm, Sejal P. Lange, ******* Cathy 5. Kennedy, Beata A.Sensi, Cynthia S. Wozney*************************************** its true and lawful Attomey(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND SAFEGUARD INSURANCE COMPANY on the 7th day of November, 2001 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond, $ 3,000.000.00 Three million dollars•••"••••+"++++++*****+""'••••******************************** which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attomey-In-Fact shall be as binding upon the Company as it they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney -In -Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as Specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate Seal to be affixed this 7th day of November, 2001. °eo BOND SAFEGUARD INSURANCE COMPANY AN O� ILLINOIS Z INSURANCE COMPANY BY David E. Campbell President ACKNOWLEDGEMENT On this 7th day of November, 2001, before me, personally came David E. Campbell to me known, who being duly swom, did depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. "OFFICIAL SEAL" /% LYDIA J. DEJONG --'7�- J (/ Notary Public, State of Illinois JJ My Commission Expires 1/12/07 Lydia J. DeJong Notary Public CERTIFICATE I, the undersigned, Vice President of BOND SAFEGUARD INSURANCE COMPANY, An Illinois Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at Lombard, Illinois this 11TH Day of SEPTEMBER 20 06 y4�GJPPDSU�NO�CO� AN 2 ILLINOIS $ INSURANCE Donald D. Buchanan \` COMPANY Secretary BOND ISSUED IN THREE COUNTERPARTS BOND NUMBER: SU5018429 PREMIUM: $1,416.00 SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE 66499.1) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and SJD PARTNERS, LTD., A CALIFORNIA LIMITED PARTNERSHIP (hereafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated public improvements, which.said Agreement dated 20 and made a part hereof; and WHEREAS, said Principal is required, under the terms of said Agreement, to furnish a bond for the faithful performance of said Agreement to guarantee certain work, more particularly described as follows: TRACT 16751 - LANDSCAPE NOW, THEREFORE, we, the Principal and ARCH INSURANCE COMPANY as Surety, are held firmly bound unto the M HUNDRED FOGY -ORP 69RND('FTVE f 9NDRED� "Obligee'), in the sum of SEVENTY-EIGHT & NO/100--- Dollars, ($_141,578.00---) 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. 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 attorneys fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of 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 21sT day of NOVEMBER , 20 05 at ORANGE , California. PRINCIPAL SJD PARTNERS, LTD., A CALIFORNIA LIMITED PARTNERSHIP BY: SJD DEVELOPEMENT CORP., A CAL RNIA ION, AS GENERAL PARTNER BY: QQ o (NOTARIZATION AND SEAL) SURETY ARCH INSURANCE COMPANY BY: 7�AJv��J��� (PRA IMNAAM SEAL -FACT CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On November 28, 2005 before me, Susan E. Morales/Notary Public NAME, TITLE OF OFFICER personally appeared Bruce V. Cook NAME OF SIGNER(S) ® Personally known to me - or - ❑ Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they 4MSUSANME.MORALES executed the same in his/her/their authorized capacity(ies), COM.#1332202 m and that by his/her/their signatures) on the instrument the NotaryNublic-California In person(s), or the entity upon behalf of which the person(s) ULOS ANGELESCOUNTY yComm.Exp.Dec25,2005 acted, executed the instrument. WITNESS my hand and official 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 ❑ INDIVIDUAL/OWNER ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ® OTHER: General Counsel SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SJD Partners, L DESCRIPTION OF ATTACHED DOCUMENT Bond TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES 11/21/05 DATE OF DOCUMENT UAL11•VKF41A ALL-•YVrtry aC State of CALIFORNIA County of ORANGE On NOVEMBER 21, 2005 before me, CYNTHIA S. WOZNEY, NOTARY PUBLIC DATE NAME, TME OF OFFICER-E.Q, 'JANE DOE. NOTARY PUDLIC' personally appeared TODD M. ROHM CYNTHIA S. WOZNEY • COMM. #1362256 M y . Notary Public -California w ORANGE COUNTY -� Mvp)�,yy Comm. Exp. June 25,20H to be the person(it) whose name(s) is/avw subscribed to the within instrument and ac- knowledged to me that he/staftl:W executed the same in his/hadthAix authorized capacity(i5), and that by his/fxotilu* signature(s) on the instrument the person, or the entity upon behalf of which the persono) acted, executed the instrument. WITNESS my hand and official seal. WMANfor"OTARYU •• • Though the data below is not required by law, R may prove valuable to persons rely m on the document arwt Dodd prevent fraudulent reattadwnent of this form. CAPACITY CLAIMED BY SIGNER ■ ❑ PARTNER(S) ❑ LIMRED ❑ GENERAL ® ATTORNEYdN-FACT ❑ TRUSTEE(S) ❑ GUARDWV ONSERVATOR ❑ OTHER SIGNER IS REPRESEKMG: NAME OF PEFt90"OR EwTTTY#Eel ARCH INSURANCE COMPANY DESCRIPTION OF ATTACHED DOCUMENT PERFORMANCE BOND TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES NOVEMBER 21, 2005 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE POWER OF ATTORNEY Know All Men By These Presents That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint Todd M. Rohm, Cathy S. Kennedy, Sejal P. Lange, D. J. Picard and Beata A. Sensi of Orange, CA (EACH) its true and lawful 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 its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee 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. The Company may revoke this appointment at any time. 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 -bow duly executed and acknowledged by its regularly elected officers at its principal office it Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, 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 attomeys4n-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 unanimous. consent of the Board of Directors of the Company. on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or 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 Cy the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors. on March 3, 2003, 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. OOML0013 00 03 03 Page 1 of 2 Printed in U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 1st day of April , 20 03 Arch Insurance Company Attested and Certified SVuance C c e mnoutt �q un t / Iburud Joseph S. LeWl, Corporate Secretary STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS Thomas P. Luckstone, Vice President 1 Melissa B. Gilligan, a Notary Public, do hereby certify that Thomas P. Luckstone and Joseph S. Labell personally known to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, 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 seat and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. OFFK2AL SEAL �j MELISSA al 0(cwta, MotatY PiEk �acka„ & �V7.X Jl/ /i ,) CMwisSim F 28X(A Melissa B.Gilligan, Notary Public � My commission expires 2-28-05 CERTIFICATION I, Joseph S. LabelL Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated April 1*, 2003 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 dale thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Thomas P. Luckstone, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duty elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this 21ST day of NOVEMBER , 20 05 . Joseph S eli, Corporate Secretary 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: Kansas City, MO 00ML0013 00 03 03 'Page 2 of 2 Printed in U.S.A. BOND ISSUED IN THREE COUNTERPARTS BOND NUMBER: SU5018429 PREMIUM CHARGED IS INCLUDED IN PERFORMANCE BOND SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE 66499.2) 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 more particularly described as follows: TRACT 16751 - LANDSCAPE WHEREAS said Agreement dated _ Is hereby referred to made a part hereof; and 20 , 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 ARCH INSURANCE COMPANY as Surety, are held firmly bound unto the OHNE HUNDRED FORTY-ONE of San Juan S THOUSAND FIVE HUNDREDd "City" in the penal sum Of SEVENTY-EIGHT & NO/100--- Dollars, ($ 141,578.00---) 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. NOW, THEREFORE, 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, Page 1 of 3 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 offers, 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. 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 therefor, 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. 2. Said Surety hereby stipulates and agrees that no change, extension of time, alteration, or modification of the terms of the agreement 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 terms of the agreement or of 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 duty executed by the Principal and Surety herein named on the 21ST day of NOVEMBER 20 05 , 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. Page 2 of 3 APPROVED AS TO FORM: By Q i/W John R. Shaw, City Attorney NOTE: Please Attach Acknowledgement and Power of Attorney PRINCIPAL SJD PARTNERS, LTD., A CALIFORNIA LIMITED PARTNERSHIP BY: SJD DEVELOPMENT CORP., A CAL ORNIA rWORATION, AS GENERAL PARTNER BY: (NOTARIZATION AND SEAL) SURETY ARCH INSURANCE COMP BY: TODD M. ROHM, ATTORNEY-IN-FACT (NOTARIZATION AND SEAL) Page 3 of 3 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On November 28, 2005 before me, personally appeared ® Personally known to me - or - ❑ SUSAN E. MORALES .- COMM. #1332202 Notary Public -California cr U) ` < LOS ANGELES COUNTY - My Comm. Exp. Dec 25, 2005 Susan E. Morales/Notary Public NAME, TITLE OF OFFICER Brucey Cook NAME OF SIGNER(S) Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (SIGNATURE 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 ❑ INDIVIDUAL/OWNER ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ® OTHER: General Counsel SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SJD Partners. LTD DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES 11/21/05 DATE OF DOCUMENT ALL•rUnrV.IC State of CALIFORNIA County of ORANGE on NOVEMBER 21, 2005 before me, CYNTHIA S. WOZNEY, NOTARY PUBLIC DATE NAMF- TM.E OF OFFICER-E.Q, WE DOE, NOTARY PUBLIC personally appeared TODD M. ROHM NAWAS) OF SIONEAM ® personally known to me - OR -uwm KM to be the person(&) whose name(s) is/am subscribed to the within instrument and ac- knowledged to me that he/slmdk * executed CYNTHIA S.wOZNEY the same in his/ Imes( authorized • COMM. #1362259 m capacity(im), and that by his/hooffluaft Notary Public -California rA m ORANGE COUNTY signature(s) on the instrument the person(s), My Comm. Exp. June 25,20% or the entity upon behalf of which the personM acted, executed the instrument. WITNESS my hand and official seal. OPl Though the data below Is not required by law, It may prove valuable to persons relying on the doaanent and could prevent fraudulent reattadunent of INs totm. CAPACITY CLAIMED BY SIGNER ❑ PARTNER(S) ❑ LIMRED ❑ GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDWWCONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: RAM OFPERSONS) OR ENtITYXM ARCH INSURANCE COMPANY DESCRIPTION OF ATTACHED DOCUMENT LABOR AND MATERIAL BOND TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES NOVEMBER 21, 2005 DATE OF DOCUMENT SIGNER($) OTHER THAN NAMED ABOVE POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the Slate of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company') does hereby appoint Todd M. Rohm, Cathy S. Kennedy, Sejal P. Lange, D. J. Picard and Beata A. Sensi of Orange, CA (EACH) its true and lawful Attomey(syti-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee 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. The Company may revoke this appointment at any time. 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 'd the same hadb6o duly executed and acknowledged by its regutarly elected officers at its principal office In Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, 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 ri-fact, and to authorize them to execute an 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 unanimous. consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Yoe 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 the resolution adopted by the Board of Directors. on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shah continue to be valid and binding upon the Company. OOML0013 00 03 03 Page 1 of 2 Printed in U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 1st day of April , 20 03 Arch Insurance Company Attested and Certified yJ�once C c e COffOL1Tf �4 U SM 1111 / Ilsuuud Joseph S. LEW1, Corporate Secretary STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS k:A� / �lZi 101111 _ Thomas P. Luckstone, Vice President I Melissa B. Gilligan, a Notary Public, do hereby certify that Thomas P. Luckstone and Joseph S. Labell personally known to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, 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 seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. 11FFIC & SEAL Ly sMELIMtale of covac ioR Public ��1� ///� � s F 28 20� Melhssa . Gilligan, Notary Public My commission expires 2-26-05 CERTIFICATION I, Joseph S. Labell. Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated April 1, 2003 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 1 do further certify that the said Thomas P. Luckstone, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Companyon this 21ST day of NOVEMBER 2005 . Joseph S ell, Corporate Secretary 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: Kansas City, MO OOMLOO13 00 03 03 Page 2 of 2 Printed in U.S.A. ARCH Insurance Company NOTICE — DISCLOSURE OF TERRORISM PREMIUM ARCH Surety In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Arch Insurance Company is the surety. DISCLOSURE OF PREMIUM The portion of the premium attributable to coverage for terrorist acts certified under the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable insurer deductible. 1 BOND ISSUED IN THREE COUNTERPARTS BOND NUMBER: SU5018428 PREMIUM: $140.00 TRACT NO.: 16751 SUBDIVISION FAITHFUL PERFORMANCE BOND FOR SETTING SUBDIVISION MONUMENTS (GOVERNMENT CODE 66499.1) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and SJD PARTNERS, LTD., A CALIFORNIA LIMITED PARTNERSHIP (hereafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated public improvements, which said Agreement dated 20 , and made a part hereof, and WHEREAS, said Principal is required, under the terms of said Agreement, to fumish a bond for the faithful performance of said Agreement to guarantee the proper setting of all required survey monuments associated with the Subdivision Development. NOW, THEREFORE, we, the Principal and ARCH INSURANCE COMPANY as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), In the sum of FOURTEEN THOUSAND & N0/100--- Dollars, ($ 14,000.00--- ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. 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. 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 21ST day of NOVEMBER 2005 , at ORANGE , California. PRINCIPAL SJD PARTNERS, LTD., A CALIFORNIA LIMITED PARTNERSHIP BY: SJD DEVELOPMENT CORP., A CION, AS GENERAL PARTNER BY: 7MX7 (NOTARIZATION AND SEAL) APPROVED AS TO FORM: SURETY ARCH INSURANCE COMPANY By_ `' 0 John R. 8&4w, City Attorney BY: sr e c TODD M. ROHM, ATTORNEY-IN-FACT (NOTARIZATION AND SEAL) CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On November 28, 2005 before me, Susan E. Morales/Notary Public NAME, TITLE OF OFFICER personally appeared Bruce V. Cook NAME OF SIGNER(S) ® Personally known to me - or - ❑ SUSAN E. MORALES COMM. #1332202 n c, ., Notary Public-Califomia ui u , LOSANGELESCOUNTY My Comm. Exp. Dec 25, 2005 Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. _moo,, 2 . tT (SIGNATURE 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 ❑ INDIVIDUAL/OWNER ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ® OTHER: General Counsel SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SJD Partners, LTD DESCRIPTION OF ATTACHED DOCUMENT Bond TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES 11/21/05 DATE OF DOCUMENT ALL-runr A -7C State of CALIFORNIA County of ORANGE On NOVEMBER 21, 2005 before me, CYNTHIA S. WOZNEY, NOTARY PUBLIC DATE NAIAF TIRE OF OFFICER• EO.,JANE DOE. NOTARY FLOW personally appeared TODD H ROHM HAS&(%OF SIONER(S) ® personally known to me - OR -� tfCcTdjiciit to be the person(&) whose name(s) is/am subscribed to the within instrument and ac- knowledged to me that he/shsAW executed the same in his/hadjhAix authorized } ca acit y and that b his/finemdhlaix Y - 4y arn)z signature(s) on the instrument the person(s), IU wY° Y P or the entity upon behalf of which the personM acted, executed the instrument. WITNESS my hand and official seal. Though Ito data below is not required by law, it may prove valuable to persons re" on the document and could prevent fraudulent realtad(m ro of ft form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON($) OR DMTYX$) ARCH INSURANCE COMPANY DESCRIPTION OF ATTACHED DOCUMENT MONUMENT BOND TITLE OR TYPE OF DOCUMENT 2 NUMBER OF PAGES NOVEMBER 21, 2005 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company') does hereby appolnt Todd M. Rohm, Cathy S. Kennedy, Seial P. Lange, D. J. Picard and Beata A. Sensi of Orange, CA (EACH) its true and lawful Attomey(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 its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee 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. The Company may revoke this appointment at any time. 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 tie same hadbeeri duty„exeouled and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, 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 aftomeysan-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 unanimous, consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or 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 the resolution adopted by the Board of Directors on March 3. 2003, 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. 00ML0013 00 03 03 Page 1 of 2 Printed in U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 1st day of April , 20 03 Arch Insurance Company Attested and Certified SVrance C c e BATF �O V SM 5 nn t / iIISt00lI Joseph S. LEW1, Corporaatte Secretary STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS Thomas P. Luckstone, Vice President I Melissa B. Gilligan, a Notary Public, do hereby certify that Thomas P. Luckstone and Joseph S. Labell personally known to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, 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 seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. l)FfICIAL SEN. GCiISSSt*of ovi0cliCutGAK rrbic j /,�i^ /f/fin " 28 2005 "'Mel—i's`sa�. Gilligan, Notary Public MY My commission expires 2-28-05 CERTIFICATION 1, Joseph S. Labell; Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated April 1, 2003 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 Thomas P. Luckstone, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Companyon this 21ST day of NOVEMBER 2005 . Joseph S . ell, Corporate Secretary 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: Kansas City, MO OOMLOO13 00 03 03 Page 2 of 2 Printed in U.S.A. ARCH Insurance Company NOTICE — DISCLOSURE OF TERRORISM PREMIUM ARCH Surety In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Arch Insurance Company is the surety. DISCLOSURE OF PREMIUM The portion of the premium attributable to coverage for terrorist acts certified under the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable insurer deductible. I BOND ISSUED IN THREE COUNTERPARTS BOND NO. 5025352 PREMIUM: $1,330.00 SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE 66499.1) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and ^SJD PARTNERS, LTD. (hereafter designated as "Principal'), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated public improvements, which said Agreement dated 20 and made a part hereof; and WHEREAS, said Principal is required, under the terms of said Agreement, to furnish a bond for the faithful performance of said Agreement to guarantee certain work, more particularly described as follows: _^ TRACT 16751 — WATER AND RELATED IMPROVEMENTS NOW, THEREFORE, we, the Principal and BOND SAFEGUARD INSURANCE COMPANY as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), In the sum of FIFTY THREE THOUSAND TWO HUNDRED FIFTEEN & 00/100 Dollars, ($ 53,215.00 ) 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. 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 vold, otherwiso 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 ovent of default. I BE IT FURTHER RESOLVED: As a part of the obflgation secured hereby, and In addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable ahomoy's fees, incurred by City in successfully enforcing such obllgatlon, all to be taxed as costs and Included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of 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 _11TH day of SEPTEMBER 2D06 , at ORANGE Callfornia. APPROVED S TO FARM: B 1 y - --- John R. haw, Clty Attorney PRINCIPAL SJD PARTNERS, LTD. acute V • Coax, G er%ecal Counsel (NOTARIZATION AND SEAL) SURETY BOND SAFEGUARD INSURANC E COMPANY BY^1 lBEAT A. SENSIATRNEY—IN—FACT (NOTARIZATION AND SEAL) CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange On September 15, 2006 before me, Susan E. Morales/Notary Public NAME, TITLE OF OFFICER personally appeared Bruce V. Cook NAME OF SIGNER(S) ® Personally known to me - or - ❑ Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), SUMN e. MORALE: and that by his/her/their signature(s) on the instrument the cornnjWW0n# Iperson(s), or the entity upon behalf of which the person(s) oronpe County NOIOPage c CanoWwr, t -acted, executed the instrument. qPMVcwmBq*es06cM20 WITN/ESpS my hand and official seal. X_) Linnen rY%y) Yew,_ (SIGNATURE 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 ❑ INDIVIDUAL/OWNER ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ MANAGING MEMBER ® GENERAL COUNSEL ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SJD DESCRIPTION OF ATTACHED DOCUMENT Performance Bond #5025352 Tract #16751 TITLE OR TYPE OF DOCUMENT 2 NUMBER OF PAGES 09/11/06 DATE OF DOCUMENT CALIFORNIA ALL-PURPOSE State of CALIFORNIA County of ORANGE On SEPTEMBER 11, 2006 before me, DATE personally appeared BEATA A. SENSI CYNTHIA S. WOZNEY, NOTARY PUBLIC NAME, TITLE OF OFFICER-E.G.,'JANE DOE, NOTARY PUBLIC' NAMES) OF SIGNER(S) © personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their CYNTHIA S. WOZNEY signature(s) on the instrument the person(s), COMM. #1670733()RANGEE COUNTY or the entity upon behalf of which the Notary GCOUNTYperson(s) mie tl acted, executed the instrument. nr My Comm. Exp. June 25, 2010 WITNESS my hand and official seal. Cd4 Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TTILE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTTTY(IES) BOND SAFEGUARD INSURANCE COMPANY DESCRIPTION OF ATTACHED DOCUMENT PERFORMANCE BOND 2 TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES SEPTEMBER 11, 2006 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE POWER OF ATTORNEY Ao 24193 Bond Safeguard INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEGUARD INSURANCE COMPANY, an Illinois Corporation with its principal office in Lombard, Illinois, does hereby constitute and appoint: D. J. Picard, Todd M. Rohm, Sejal P. Lange, ******* Cathy S. Kennedy, Beata A.Sensi, Cynthia S. Wozney*************************************** its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND SAFEGUARD INSURANCE COMPANY on the 7th day of November, 2001 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney -in -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond, $ 3,000.000.00 Three million dollars •••••*•*********•••********••••••••••••••***••••••••***** which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney -In -Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attomey-In-Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate Seal to be affixed this 7th day of November, 2001. °Fc BOND SAFEGUARD INSURANCE COMPANY AN O>iq NOIS D INSURANCE Z COMPANY BY David E: Campbell President ACKNOWLEDGEMENT On this 7th day of November, 2001, before me, personally came David E. Campbell to me known, who being duly swom, did depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. "OFFICIAL SEAL" `7 - �% ( / LYDIA J. DEJONG J � c�11 Notary Public, State of Illinois My Commission Expires 1/12/07 Lydia J. DeJong Notary Public CERTIFICATE I, the undersigned, Vice President of BOND SAFEGUARD INSURANCE COMPANY, An Illinois Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at Lombard, Illinois this 11TH Day of SEPTEMBER 20 06 ry FC AN 9 No'sE Donald D. Buchanan INS'RANC COMPANY Secretary BOND ISSUED IN THREE COUNTERPARTS BONG N0. 5025352 PREMIUM CHARGED IS INCLUDED IN PERFORMANCE BOND SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE 66499.2) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and SJD PARTNERS, LTD. (hereafter designated as 'Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated public improvements more particularly described as follows: TRACT 16751 — WATER AND RELATED IMPROVEMENTS WHEREAS said Agreement dated 20�_ Is hereby referred to 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 BOND SAFEGUARD INSURANCE COMPANY as Surety, are held firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of FIFTY THREE THOUSAND TWO HUNDRED FIFTEEN & 00/100 Dollars, ($ 53,215.00 _ ) 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, NOW, THEREFORE, the condition of this obligation is such that if the ahove 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, Page 1 of 3 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 shag indemnify and save harmless the City, its offers, 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. 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 therefor, 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. 2. Said Surety hereby stipulates and agrees that no change, extension of time, alteration, or modification of the terms of the agreement 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 terms of the agreement or of 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 11TH day of SEPTEMBER 20 06 , 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. Page 2 of 3 APPROVED AS TO FORM: By— JohnR. haw, City Attorney NOTE: Please Attach Acknowledgement and Power of Attorney PRIIICPAL SJD PARTNERS, LTD. Bruce V. CooK, Ganao.t Counsel (NOTARIZATION AND SEAL) SURETY BOND SAFEGUARD INSURANCE COMPANY BY: 444tA BEATA . SENSI, ATTORNEY-IN-FACT (NOTARIZATION AND SEAL) Paye 3 o' 3 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Oran On September 15, 2006 before me, Susan E. MoralesIlVotary Public NAME, TITLE OF OFFICER personally appeared Bruce V. Cook NAME OF SIGNER(S) ® Personally known to me - or - ❑ Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), cz;;SUSAN E. MORAWS and that b his/her/their signature(s)on the instrument the l tl # 1672049 Y NOWY PLOW - CCOOMlo person(s), or the entity upon behalf of which the person(s) ora^w cou tv acted, executed the instrument. My cam. Eq*m Dec 25. WITNESS my hand and official seal. -J�� aq1 -T . 1?'14 e Y2Slj (SIGNATURE 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 ❑ INDIVIDUAL/OWNER ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ MANAGING MEMBER ® GENERAL COUNSEL ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SJD Partners, Ltd. DESCRIPTION OF ATTACHED DOCUMENT Payment Bond #5025352 Tract #16751 TITLE OR TYPE OF DOCUMENT 3 NUMBER OF PAGES 09/11/06 DATE OF DOCUMENT FVnnIIIA ALL-rUnr%JZC AvnnvwLnuVMr,nT State of CALIFORNIA County of ORANGE On SEPTEMBER 11, 2006 DATE before me, CYNTHIA S. WOZNEY, NOTARY PUBLIC NAME. TITLE OF OFFICER - E.G..'JANE DOE, NOTARY PUBLIC' personally appeared BEATA A. SENSI NAME(S) OF SIGNER(S) © personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their CYNTHIA S•WOZNEY signature(s) on the instrument the person(s), rOMM.#1670733 or the entity upon behalf of which the 4 - NDtaryP°°(Ipoalifomle ' person(s) acted, executed the instrument. t°�' l;p ORANGE COUNTY My CGmm. Exp .June 25, 2010 WITNESS my hand and official seal. IGNATURE OF NOT Y 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 ❑ INDIVIDUAL ❑ CORPORATE OFFICER TmE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENnrY(IES) BOND SAFEGUARD INSURANCE COMPANY DESCRIPTION OF ATTACHED DOCUMENT LABOR AND MATERIAL BOND 3 TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES SEPTEMBER 11, 2006 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE POWER OF ATTORNEY Ao 24194 Bond Safeguard INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEGUARD INSURANCE COMPANY, an Illinois Corporation with its principal office in Lombard, Illinois, does hereby constitute and appoint: D. J. Picard, Todd M. Rohm, Sejal P. Lange, ******* Cathy S. Kennedy, Beata A.Sensi, Cynthia S. Wozney*************************************** its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND SAFEGUARD INSURANCE COMPANY on the 7th day of November, 2001 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attomey-In-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond, $ 3,000.000.00 Three million dollars...•••••••••••••••••••••••"••••••••••••••••••••••••••••••• which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney -In -Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney -In -Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and seated shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate Seal to be affixed this 7th day of November, 2001. °Fc BOND SAFEGUARD INSURANCE COMPANY AN O� ILLINOIS n INSURANCE Z COMPANY BY David E. Campbell President ACKNOWLEDGEMENT On this 7th day of November, 2001, before me, personally came David E. Campbell to me known, who being duly sworn, did depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. "OFFICIAL SEAL" /f LYDIA J. DEJONG Notary Public, State of Illinois = r My Commission Expires 1/12/07 Lydia J. DeJong Notary Public CERTIFICATE I, the undersigned, Vice President of BOND SAFEGUARD INSURANCE COMPANY, An Illinois Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at Lombard, Illinois this 11TH Day of r'--AN PaDINSUNO�oILLINOIS ➢i NSURANCE COMPANY SEPTEMBER 20 06 Donald D. Buchanan Secretary 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493.1171 (949) 493-1053 FAx www.sanjuancapistrano.org TRANSMITTAL TO Bruce V. Cook SJD Partners, LTD. 1250 Corona Pointe Court, Suite 210 Corona, CA 92879 DATE: November 6, 2006 FROM: Maria Morris, Deputy City Clerk (949) 443-6309 MEMBERS OF THE CT' COUNCIL SAM ALLEVATO DIANE BATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN RE: Subdivision Improvement Agreements for Final Tract Maps —15909, 16747, 16751 and 16752 Copies of the recorded Subdivision Improvement Agreements for Tracts 15909, 16747, 16751 and 16752 are enclosed for your records. If you have questions concerning the agreements, please contact Sam Shoucair, Senior Engineer (949) 443-6355. Cc: Nasser Abbaszadeh, Engineering & Building Director Sam Shoucair, Senior Engineer San Juan Capistrano: Preserving the Past to Enhance the Future 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 9267$ / f� a�(� i I[�I MEMBERS OFTHE CIN COUNCIL il[�] SAMTO (949) 493-1171 (949) 493-1053 FAX leto APaAAIEo I 1961 DIANEE BATHATHGATE org maeuselo 1776 RT VVYN�1NW.SR17J2/O]1L'RpfS'h'Q770. C3 JOEASOTOTT • • DAVID M. SWERDLIN October 19, 2006 CO Reaekled I%livery Fee Clerk -Recorder's Office rl (EMorsemeM Required) County of Orange S P.O. Box 238 f1J Total Postage & Fees Santa Ana, California 92701 SENT VIA CERTIFIED MAIL Re: 1) Subdivision Improvement Agreement - Final Tract Map 15609 (SJD PARTNERS) 2) Subdivision Improvement Agreement - Final Tract Map 16747 (SJD PARTNERS) 3) Subdivision Improvement Agreement - Final Tract Map16751 (SJD PARTNERS) 4) Subdivision Improvement Agreement - Final Tract Map 16752 (SJD PARTNERS) The noted document is enclosed for recording: When placed of record, please return the recorded document to this office. Thank you for your assistance. M -aria Morri! Deputy City Cc: Sam Shoucair, Senior Engineer CERTIFIES (Domestic Mail OI AL USE Pos mark Here e1J serit To �� Sale Juan Capisthai�o: Preserving the Pc o POBa Namf---��---- -- ----- -- lam. �-r )11 ( r_—T7 i ,i frit r9 Poetegs i S F3 Certified Fes C3 Retum Redept Fee (Endorsement Required) CO Reaekled I%livery Fee rl (EMorsemeM Required) S f1J Total Postage & Fees $ AL USE Pos mark Here e1J serit To �� Sale Juan Capisthai�o: Preserving the Pc o POBa Namf---��---- -- ----- -- lam. �-r )11 ( r_—T7 i ,i C" I'.. A ENDA REPORT 10/17/2006 TO: Dave Adams, City Manager FROM: Nasser Abbaszadeh, Director of Engineering & Building SUBJECT: Consideration of Approval of Final Maps and Subdivision Improvement Agreements for Tracts 16747, 16751, 16752 and 15609 Pacifica San Juan (SJD PARTNERS, LTD.). RECOMMENDATION By motion; 1. Approve the Final Tract Maps No. 16747, 16751, 16752 and 15609 as they conform to the requirements set forth in the Subdivision Map Act and the conditions of approval for Vesting Tentative Tract Maps 14196 and 15609; and, 2. Authorize the City Engineer and the City Clerk to execute the Final Maps. 3. Authorize the Mayor and City Clerk to execute the corresponding Subdivision Improvement Agreements and accept the corresponding securities. 4. Direct the City Clerk to forward the Maps and corresponding Subdivision Improvement Agreements to the County Recorder. SITUATION A. Summary and Recommendation SJD PARTNERS, LTD.,(SJD) Developer / Subdivider of Tentative Tract Maps No. 14196 and 15609, has submitted the last four Final Maps within the boundaries of said tentative maps for City Council consideration and approval. Final Tract Map, No. 16747, includes the majority of proposed Avenida California, a 6.4 -acre parcel for a proposed residential condominium site, a one - acre parcel for a proposed recreational center and a 1.3 -acre parcel for a proposed RV parking lot. The other three Final Tract Maps, Nos. 16751, 16752 and 15609, are proposed to provide 137 residential single family homes within gated communities, on approximately 75.68 acres of land subdivisions. The four maps, as well as related grading and improvement plans, have been reviewed by the Engineering Division and were found to be in substantial conformance with the Tentative Tract Maps and the Subdivision Map Act. All appropriate bonds and fees have been submitted and paid respectively to the Agenda Report Paoe 2 October 17, 2006 City. The developer has signed the four Subdivision Improvement Agreements (Attachments 1, 2, 3 and 4). All applicable conditions of approval required by Resolutions 92-6-16-4 and 03-09-16-06 for Tentative Tract Maps 14196 and 15609 respectively, which are filed with the City Clerk, have been met. B. Background On June 16, 1992, and September 16, 2003, the City Council adopted Resolutions No. 92-6-16-4 and 03-09-16-06 conditionally approving SJD's Vesting Tentative Tract Maps 14196 and 15609 respectively, which allowed for the construction of a maximum of 416 residential dwelling units. SJD wishes to divide these two tentative tracts (excluding the north R & D site) into nine final tract maps. Five final tract maps have been already approved and recorded. The last four final maps, recommended for approval on tonight's agenda are as follows: Tract 16747 A residential condominium site on a 4 -acre parcel, A recreational center on a one -acre parcel, A Recreational Vehicle parking lot on a 1.3 -acre parcel; and, The majority of proposed Avenida California Tract 16751 22 residential lots on 9.788 acres Tract 16752 82 residential lots on 43.537 acres Tract 15609 23 residential lots on 22.358 acres These maps, as well as all related improvement plans and studies, have been reviewed by the City Engineer. The City Attorney and Planning Director have reviewed the covenants, conditions and restrictions (CC&R's). The final items listed below have been reviewed and found to be in compliance with the requirements of the final tract maps: 1. Applicable Subdivision fees 2. Subdivision Improvement Agreements executed in duplicate 3. Faithful Performance and Labor and Material bonds for the following improvements, which may be reduced or exonerated by the City Engineer upon a successful completion: a. Street Improvement b. Storm Drain Improvement c. Sewer Improvements d. Water Improvement e. Landscape and Irrigation Improvements f. Survey Monumentation (performance bond) Agenda Report October 17, 2006 Page 3 COMMISSION/BOARD REVIEW AND RECOMMENDATIONS The Tentative Maps have been previously reviewed by the Environmental Review Board, Transportation Commission, and Planning Commission and approved by City Council. FINANCIAL CONSIDERATIONS All applicable fees have been paid and the required sureties posted with the City. PUBLIC NOTIFICATION SJD PARTNERS, LTD. * Hunsaker and Associates * Agenda report included RECOMMENDATION By motion; Approve the Final Tract Maps No. 16747, 16751, 16752 and 15609 as they conform to the requirements set forth in the Subdivision Map Act and the conditions of approval for Vesting Tentative Tract Maps 14196 and 15609; and, 2. Authorize the City Engineer and the City Clerk to execute the Final Maps. 3. Authorize the Mayor and City Clerk to execute the corresponding Subdivision Improvement Agreements and accept the corresponding securities. 4. Direct the City Clerk to forward the Maps and corresponding Subdivision Improvement Agreements to the County Recorder. Respectfully submitted, by, Nasser Abbaszadeh, P.E./Saoucair Director of Engineering & Building S nior Engineer Attachments: 1. Subdivision Improvement Agreement for final tract map 16747 2. Subdivision Improvement Agreement for final tract map 16751 3. Subdivision Improvement Agreement for final tract map 16752 4. Subdivision Improvement Agreement for final tract map 15609 5. Location Map ss RECORDING REQUESTED BY: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AND WHEN RECORDED, MAIL TO Margaret R. Monahan, City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Exempt from Recording Fees: Gov Code 27383 & 6103 City of San Juan Capistrano Title of Document: ' This Space for Recorder's Use Only SUBDIVISION IMPROVEMENT AGREEMENT FINAL TRACT MAP 16747 ATTACHMENT Recording Requested by and When Recorded Mail To: City of San Juan Capistrano Attention: City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Margaret R. Monahan, City Clerk City of San Juan Capistrano SUBDIVISION IMPROVEMENT AGREEMENT SUBJECT: FINAL TRACT MAP 16747 THIS AGREEMENT is made this _day of 2006, between the CITY OF SAN JUAN CAPISTRANO, a municipal corporation, State of California, hereinafter referred to as "City" and SJD PARTNERS, LTD., a California limited partnership, whose mailing address is 1250 Corona Pointe Court, Suite 210, Corona CA 92879, hereinafter referred to as "Subdivider": WHEREAS, the tentative map application was conditionally approved by Resolution No 92-6-16-4; and, WHEREAS, Subdivider is the owner of that certain parcel of land situated in the City of San Juan Capistrano, Orange County, generally described as Vested Tentative Tract Maps 14196 and 15609 and Subdivider proposes to do and perform certain work of improvement thereon as hereinafter set forth; and WHEREAS, City desires to assure that said proposed improvements will be done in a good workmanlike manner and in accordance with the laws now in force and eff@ct in the City of San Juan Capistrano, California, the terms and conditions of which are incorporated herein by reference; and WHEREAS, Subdivider declares that he is familiar with the pertinent regulations contained in the City Code and in the Subdivision Map Act (Government Code Sections 66410 to 66500) and agrees to comply therewith; and WHEREAS, a Final Map of said subdivision prepared in accordance with the City's Subdivision Ordinance, has been filed by Subdivider with City for approval by the City Council. NOW THEREFORE, in consideration of the approval and acceptance by the City Council of City of said Final Map and the acceptance of easements therein offered for - 'I - ATTACHMENT 1 dedication for street and other public purposes and the covenants herein contained, the parties hereto mutually covenant and agree as follows: General Requirements: Subdivider shall comply with all the requirements specified in the "AMENDMENTTO IMPROVEMENTAND REIMBURSEMENTAGREEMENT (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)" dated November 15, 2005, the WATER FACILITIES AGREEMENT- - SUNCAL PROPERTIES, dated September 2, 2003 and its subsequent amendment dated March 16, 2004, the conditions of approval set fort in City Council Resolution No. 92-6-16-4 (for Tentative Tract Map 14196) and all applicable conditions of approval set fort in City Council Resolution No. 03- 09-16-06 (for Tentative Tract Map 15609) and shall, at his own cost and expense, provide all required tests, design work, equipment, materials and labor in order to complete all of the works of improvement (the "Works of Improvement"), set forth in Exhibit "A", to the satisfaction of the City Engineer. Such work of improvement shall include but not be limited to the undergrounding of the overhead utilities, the placement of curb markers at all proposed street catch basin inlet structures in accordance with the National Pollution Discharge Elimination System (NPDES) requirement and the construction of all required off-site infra -structure and circulation improvements to the satisfaction of the City Engineer. 1.1 Fair -Share Circulation Improvement Participation. Prior to the issuance of the first (1S) building permit, other than model homes, the applicant shall financially contribute for the project's fair share traffic generation for the existing La Novia Avenue Improvement, from Valle Road to 2500 feet east, as well as any improvements not included in the Capistrano Circulation Fee Program (CCFP), as identified in the approved Environmental Impact Report (EIR) traffic impact analysis. This financial participation shall be in addition to paying CUP fees. The applicant's financial participation shall include right-of-way acquisition, design, and construction including, but not limited to, grading, streets, sidewalks, landscaping, retaining walls, drainage structures, utility relocation, and traffic signal improvements in accordance with the City's Master Plan of Streets and Highways. Additionally, prior to the issuance of the first (15t) building permit, other than model homes, the applicant shall financially contribute for the project's fair share traffic generation on the following improvements. The final cost estimate shall be reviewed and determined by the City Engineer: Ortega Highway & 1-5 Southbound Ramps: Improvements: Construct an additional southbound right -turn lane and re -stripe existing center lane to a left/thru lane. Fair share: 7.3% -2- Ortega Highway & 1-5 Northbound Ramps: Improvements: Construct westbound free right turn lane Fair share: 0.8% 1.2 Off -Site Circulation Improvement Construction. Prior to the issuance of the 7r Certificate of Occupancy, the applicant shall design and construct the off- site improvement listed below to its ultimate standard configurations in accordance with the City's Master Plan of Streets and Highways and to the satisfaction the City Engineer. All easements, right-of-way acquisitions, dedications and permits needed from any agency to accommodate said improvement shall be obtained by the applicant, with City's assistance. Any deferral in the timing of this condition, due to unforeseen delays, shall be subject to review and approval by the City Engineer. Camino Las Ramblas & Via California: Improvements: Install a traffic signal and construct a separate southbound right -turn lane. 1.3 Construction of Avenida California. Prior to issuance of thel51 st Residential Building Permit within Vesting Tentative Tract Maps 14196 and/or 15609, the applicant shall complete, to the satisfaction of the City Engineer, the construction of Avenida California Street, from the extension of Via California, all the way to its intersection with Valle Road. For any phases of development prior to issuance of the 1515 Residential Building Permit any section of Avenida California Street leading to a developed subdivision phase, within Tentative Tract Map 15609 and/or 14196, shall be completed from Via California to that phase, prior to issuance of the first building permit of such phase. Any deviation shall be subject to review and approval by the City Engineer. 1.4 Off -Site Circulation Improvement Construction. Prior to the completion of Avenida California, or the issuance of the 1515 Building Permit, whichever comes first, the applicant shall design and construct the off-site improvements listed below to their ultimate standard configurations in accordance with the City's Master Plan of Streets and Highways and to the satisfaction the City Engineer. All easements, right-of-way acquisitions, dedications and permits needed from any agency to accommodate said improvements listed below shall be obtained by the applicant, with City's assistance. Any deferral in the timing of this condition, due to unforeseen delays caused by the City or outside regulatory agencies, shall be subject to review and approval by the City Engineer. Valle Road & San Juan Creek Road: Improvements: Construct a northbound left -turn lane -3- La Novia Avenue & Valle Road/1-5 Northbound Ramps: Improvements: Realign La Novia Avenue and the 1-5 NB Ramps and install a traffic signal. Valle Road from San Juan Creek Road to La Novia Avenue: Improvements: Widen to a two-lane divided roadway. 1.5 Jerwel ParceUStorm Drain & Avenida California A -Valle Rd. Improvements. Final Map 16747 presently depicts a public easement for a storm drain line and a section of a dedicated public Road (Avenida California @ Valle Road) to be located on the AP # 666-301-11 ("the Property"). However, City holds only an easement to the Property for road widening purposes. Subdivider therefore must acquire an additional real property right (Le, fee interest) to authorize both the construction and maintenance of these public facilities on this Property. City agrees to cooperate with Subdivider by lending its power of eminent domain, if necessary, to acquire Fee title to the Property. Subdivider agrees to pay for all costs associated with the eminent domain process, if necessary, as follows: 1) Subdivider shall pay for costs incurred in retaining an appraiser to appraise the value of the subject real property interest; 2) after City has adopted a resolution of necessity, the Subdivider shall then assume the obligation of retaining legal counsel to act as special counsel for the City in filing and completing an eminent domain action to acquire and pay for a fee title interest to the subject property. Subdivider shall be solely responsible for paying all legal fees and costs, and the award of the court for the total value of the property. Subdivider agrees and understands that City will not permit Subdivider's construction of the storm drain line or construction of the segment of Avendia California until Subdivider has either: i) acquired fee from the Property Owner on a voluntary basis, or, ii) acquired at least an eminent domain order of immediate possession ("OIP") based upon a complaint in eminent domain requesting acquisition of fee title. 2. Security: A. Subdivider shall, at all times beginning with the execution of this agreement, guarantee Subdivider's performance of this agreement by providing City with the following security instruments (the "Security Instruments"), as required by the State Subdivision Map Act, on forms approved by City for the purposes and in the amounts as follows: (i) A Faithful Performance Bond to ensure faithful performance of this agreement in regard to said improvements in the amount of 100% of the estimated cost of construction of the improvements (110% for water related improvements); and -4- (ii) A Labor and Materials Bond to secure payment to any contractor, subcontractor, persons renting equipment or furnishing labor or materials for the improvements required to be constructed or installed pursuant to this agreement in the additional amount of 100% of the estimated cost of construction of the improvements (110% for water related improvements); and (iii) A Subdivision Monument Bond in the amount of 100% of the estimated cost of setting subdivision monuments as shown in Exhibit "A". B. In order to guarantee and warranty the Works of Improvement and h addition to the security instruments referenced in Paragraph 2(A) above, Subdivider shall provide to City the following Security Instruments: (i) Prior to the City's final acceptance of the Works of Improvement and recordation of a Notice of Completion, Subdivider shall provide to City a Warranty Bond for Works of Improvement warranting the accepted Works of Improvement for a period of one (1) year following said acceptance against any defective work or labor done or defective material furnished. The amount of such Warranty Bond for Works of Improvement shall be equal to twenty-five percent (25%) of the estimated construction cost set forth in Exhibit "A", or a suitable amount determined by the City Engineer. (ii) Prior to the City's final acceptance of the landscape and irrigation Works of Improvement, Subdivider shall provide a Landscape and Irrigation Warranty Bond warranting the landscape and irrigation. Works of Improvement for a period of (1) year following said acceptance against any defective work or labor done or defective material furnished for any reason other than improper maintenance. The amount of such Landscape and Irrigation Warranty Bond shall be equal to twenty percent (20%) of the landscape architect's estimated construction cost, or a suitable amount determined by the City Engineer. The Landscape and Irrigation Warranty Bond shall be held by the development's Homeowners' Association ("HOA). All Security Instruments required by this agreement, with the exception of the Landscape and Irrigation Warranty Bond, which is submitted to the development's HOA, shall be kept on file with the City Clerk. The terms of the Security Instruments required by this agreement are hereby incorporated in this agreement by reference. -5- City shall release the Faithful Performance Bond upon Subdivider's written request following acceptance by City of the Works of Improvement and Subdividers delivery to City of the Warranty Bond for Works of Improvement. City shall release the Labor and Materials Bond upon Subdividers written request and following acceptance by City of the Works of Improvement and after expiration of the time within which lien claims are required to be made pursuant to Article 3 (commencing with Section 3114) of Chapter 2 of Title 15 of Part 4 of Division Third of the California Civil Code. If lien claims have been timely filed, City shall hold the Labor and Materials Bond until (a) such claims have been resolved, (b) Subdivider has provided a statutory bond, or otherwise as required by applicable law. City Engineer shall release the Warranty Bond for Works of Improvement upon Subdividers written request following the expiration of the warranty period, provided no claims are outstanding at that time regarding defective work. The release of the Landscape and Irrigation Warranty Bond held by the HOA will be determined by a separate agreement between the developer and the HOA. 2.1 Form of Security Instruments. All Security Instruments shall meet the following minimum requirements and otherwise shall be in a form acceptable to the City Attorney: (i) Any insurance company acting as surety shall have a minimum rating of A -IX, as rated by the current edition of Best's Key Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858; any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poors; (ii) Payments under the Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the County of Orange, State of California; (iii) Each of the Security Instruments shall have a minimum term of one (1) year after the deadline for Subdividers completing the Works of Improvement, in accordance with paragraph 3 herein; (iv) The Security Instruments shall reference Subdividers obligations under this Agreement, shall be irrevocable, and shall include as an additional obligation secured the responsibility to compensate City for all of the City's attorneys' 19-M fees and litigation expenses reasonably incurred enforcing its rights under the Security Instruments. 3. Time of Completion: All of the Works of Improvement shall be completed within twenty-four (24) months from the effective date of this Agreement. The time for completion may be extended by the City Engineer, in writing, for good cause shown by the Subdivider. Subdivider shall compensate the City for all costs reasonably incurred in having its authorized representatives perform the usual and customary engineering services during said extension as specified in Paragraph 19 below. In the event that Subdivider fails to complete the Works of Improvement within said period or any approved extension, the City may complete said work and shall be entitled to recover the full cost and expenses thereof from Subdivider, or his surety as herein provided. The City may require Subdivider, or his surety, to pay the City in advance, sufficient monies to cover the City's cost in completing construction of said Works of Improvement. 3.1 Force Maieure: Notwithstanding the provisions of paragraph 3 herein, Subdivider's time for completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikes, lockouts, acts or failures to act of a public agency (including City), required changes to the Scope of Work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than thirty (30) days prior to City's receipt of a written notice from Subdivider or its contractor detailing the grounds for Subdivider's claim to a right to extend its time for performance hereunder. 3.2 Continuous Work: After commencement of construction of the Works of Improvement (or separable portion thereof), Subdivider shall cause such work to be diligently pursued to completion, and shall not abandon the work for a consecutive period of more than thirty (30) days, events of force majeure excepted. 3.3 Reversion to Acreage: In addition to whatever other rights City may have due to Subdivider's failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the rightto revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Sections 66499.11-66499.20- 3/4. In this regard, Subdivider agrees that if none of the Works of Improvement referenced herein have been made within the specified "Time of Completion" referenced in paragraph 3 above or within the time allowed herein, whichever is the later, and if City thereafter -7- initiates proceedings to revert the Property to acreage, any improvements made by or on behalf of Subdivider after the date City initiates such action shall not be considered in determining City's authority to revert the Property to acreage. 4. Effective Date of Agreement: This Agreement shall not become effective unless and until the subdivision map has been approved by the City Council and also accepted for recordation by the County Recorder of the County of Orange. 5. Utility Deposits - Statement: Prior to the commencement of any work to be performed within the area delineated on the Final Map; the Subdivider must file a written statement with the City Clerk and City Engineer, signed by the Subdivider, to the effect that Subdivider has made all deposits legally required by such public utility corporation for the connection of any and all public utilities to be supplied by such public utility corporation within the subdivision. 6. Permits - Compliance with Law: Subdivider shall, at Subdivider's expense, obtain all necessary permits and licenses for the construction of required improvements, give all necessary notices and pay all fees and taxes required by law. 7. Definitions and Ownership of Improvements: The term "improvements" means: grading, paving, curbs and gutters, pathways, storm drains, sanitary sewers, domestic and non-domestic water, utilities, such as electric, telephone and cable TV; conduits, gas lines, drainage facilities, traffic controls, landscaping and irrigation, street lights, and all other required facilities as shown in detail upon plans, profiles and specifications which have been prepared or are now in final preparation by engineers acting for Subdivider subject to approval by the City Engineer. No work on said improvements shall be commenced until plans and profiles therefore have been submitted to, approved and permitted by the City Engineer. All required public improvements constructed or installed pursuant to this Agreement shall become the sole exclusive property of the City, without payment therefore, upon acceptance of said improvements by the City Council. 8. Obligations of Subdivider: Notwithstanding the fact that Subdivider's plans and specifications, completion of the work, and other acts are subject to approval of the City, it is understood and agreed that any approval by the City thereof shall in no way relieve Subdivider of satisfactorily performing said work or the related obligations hereunder. The construction shall be done strictly in accordance with the plans and specifications including supplementals and revisions prepared by Subdivider or its registered engineer, and as approved by the City as being consistent with the City Code and Standards. Subdivider warrants that its plans and specifications conform as a minimum to said codes and standards and that they are adequate to accomplish the work in a good workmanlike manner and in accordance with responsible construction practices. In addition to the foregoing, Subdivider shall satisfy all the conditions of approval set forth on the City approved tentative map for the Property. Subdivider shall also perform all work and furnish all materials necessary, in the opinion of the City Engineer and on his order, to complete the Works of Improvement in accordance with the plans and specifications on file as hereinbefore specified, or with any changes required or ordered by said Engineer which, in his opinion, are necessary or required to complete this work. 9. Intent of Plans and Specifications The intent of the plans and specifications referenced above is to prescribe a complete work of improvement, which Subdivider shall perform, or cause to be performed in a manner acceptable to the City Engineer (or designee) and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility, even though the plans and specifications may not specifically call out all items of work required for the contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made of information necessary to carry out the full intent and meaning of the plans and specifications, Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the plans, specifications, or related documents, reference shall be made to the City Engineer whose decision thereon shall be final. 10. Superintendence by Subdivider: Subdivider shall give personal superintendence to the Works of Improvement, or have a competent foreman or superintendent, satisfactory to the City Engineer, on the work at all times during progress, with authority to act for Subdivider. In the event the Subdivider is not exercising satisfactory superintendence, the City Engineer may order suspension of all work within the subdivision until the deficiency is adequately corrected. 11. Repair and Replacements: Subdivider shall replace, or have replaced, or repair, or have repaired, as the case may be, or pay to the owner the entire cost of replacement or repairs, for all survey monuments or for any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by. the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City or by any public or private corporation, or by any person whomsoever or by combination of such owners. Any such repair or replacement shall be completed in a reasonable manner and subject to the approval of the City Engineer and affected property owner. 12., Inspection by City: Subdivider shall at all times maintain proper facilities and provide safe access for inspection by City to all parts of the work and to the shops where the work is in preparation. The Subdivider shall pay the cost of inspections. City's inspector shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement. The inspection of the work by City shall not relieve Subdivider or the contractor of any obligations to fulfill this Agreement as herein provided; unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted. No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by City is made. Final acceptance shall not constitute a waiver by City of defective work subsequently discovered. The date on which the Works of Improvement will be considered as complete shall be that date on which the City Council accepts the improvements and authorizes the City Clerk to file a Notice of Completion with respect thereto. 13. Authority of the City Engineer: All required improvements shall be constructed under the inspection of and subject to approval of the City Engineer. Therefore, it is mutually agreed by the parties hereto that the City Engineer shall have the right to reject any or all of the work to be performed under this contract if such work does not conform with City Codes and Standards and the plans and specifications mentioned herein, including subsequent revisions that may have been previously overlooked during the plan review process. Any damage to the improvements (existing or new) that occurs during or after installation of work -10- performed under this Agreement shall be repaired or replaced, by the Subdivider, to the satisfaction of the City Engineer before the final acceptance of completed work and release of security. In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to make a final decision in regard to all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and Subdivider's contractor. 14. Changes in the Work: The City Engineer, without invalidating this Agreement and without notification to any of the sureties referenced in paragraph 2, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer to accomplish the purposes of this Agreement and to protect the public health, safety, and welfare. It is mutually understood that it is inherent in the nature of the, work contemplated by this Agreement that some changes in the plans and specifications and related documents may be necessary during the course of construction to adjust them to field conditions and to assure the protection of the public health, safety, and welfare. The City Engineer shall notify Subdivider or Subdividers contractor in writing (by Correction Notice) at the time a determination has been made to require changes in the Works of Improvement. No field changes performed or proposed by Subdivider or its contractor shall be binding on City unless approved in writing by the City Engineer. 15. No Warranty by City: The plans and specifications and related documents for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation or warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the plans or specifications or related documents. 16. Liability for Performance. Inlury or Damage: Neither the City nor any of its officers or agents shall be liable to Subdivider or its contractors for any error oromission arising out of or in connection with any work to be performed under this contract. Additionally, the City shall not be liable to the Subdivider or to any other person, firm, or corporation whatsoever, for any injury or damage that may result to any person or property by or from any cause whatsoever in, on, or about the subdivision of said land covered by this Agreement, or any part thereof. -11- 17. Indemnifications and Release: Prior to the commencement of any work pursuant to this contract, Subdivider's contractors shall furnish to City satisfactory evidence of an insurance policy written upon a form and by a company (which meets with the approval of City) insuring City, its officers, agents, and employees against loss or liability which may arise during the work or which may result from any of the work herein required to be done, including all costs of defending any claim arising as result thereof. Minimum liability and property damage insurance shall be not less than $500,000 for all damages arising out of bodily injury to or death of one person and not less than $1,000,000 for all damages arising out of bodily injuries to or death of more than one person in any one occurrence; and not less than $500,000 for all damages and/or destruction of property in any one occurrence and not less than $750,000 for all damages and/or destruction of property during the policy period. Said policy shall be in favor of Subdivider or its contractors and of the City, its officers, agents, and employees and shall be maintained in full force and effect during the life of this Agreement, including extensions. Said policy shall state by its terms and by an, endorsement that it shall not be canceled until City shall have had at least ninety (90) days' notice in writing of such cancellation. The Subdivider hereby releases and agrees to defend, indemnify and hold the City harmless from and against any and all injuries to and deaths of persons and injuries to property, and all claims, demands, costs, loss, damage and liability, howsoever the same may be caused and whensoever the same may appear, resulting directly or indirectly from the performance or nonperformance of any or all work to be done in and upon the subject property and the premises adjacent thereto pursuant to this Agreement, and also from any and all injuries to and deaths of persons and injuries to property or other interests and all claims, demands, costs, loss, damage, and liability, howsoever the same may be caused and whensoever the same may appear, either directly or indirectly made or suffered by the Subdivider, the Subdivider's agents, employees, and subcontractors, while engaged in the performance of said work. 18. Liability of Subdivider: The Subdivider agrees that the use for any purpose and by any person of any and all of the streets, easements and improvements herein specified shall be at the sole and exclusive risk of the Subdivider at all times prior to final acceptance by the City of the completed street and other improvements thereon and therein; provided that acceptance by the City shall in no way eliminate or lessen any of the Subdivider's obligations or undertakings contained in this Agreement. The issuance of any occupancy permits (if granted) by the City for buildings located within said subdivision shall not be -12- construed in any manner to constitute an acceptance and approval of any or. all of the required improvements in said subdivision. 19. Subdivider's Expenses: The Subdivider shall pay these additional expenses: a. The Subdivider shall cause to be made and/or pay for soil tests made by a reputable Geotechnical consultant/firm to determine stability, gradation, bearing, and resistance value of soils within the subdivision from which to determine the nature and design of appropriate improvements. The Subdivider shall also pay for all compaction and related tests necessary to determine that all fill work and the utility trench backfill has been satisfactorily placed. b. All service (including plan check and inspection), impact and connection fees as established by City shall be paid for each lot in the subdivision in accordance with the City Code. C. All actual costs for, design, plan check, development process and inspection incurred by the City in evaluating any proposed or agreed upon change in work. In no event shall Subdivider be entitled to additional inspections or final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including, without limitation, charges for applicable penalties and additional required inspections. d. Subdivider shall compensate the City for all actual costs reasonably incurred in having its authorized representatives make the usual and customary engineering services beyond the specified "Time of Completion" referenced in paragraph 3 above. Said actual costs include: inspection of Works of Improvement, engineer design review, plan check and project development process. Subdivider agrees to pay the cost of said City services within forty-five (45) days of invoice date, or as determined by the City Engineer. 20. Relationship of Contractors: It is hereby mutually covenanted and agreed by the parties hereto that Subdivider's contractors are not agents of the City, and that the contractors' relations to City, if any, are those of independent contractors. -13- 21 22 `�1 24. Certification of Satisfactory Completion: Upon the satisfactory completion of the Works of Improvement by the Subdivider, the City Engineer shall certify that the Works of Improvement have been satisfactorily completed. Repairs or Reconstruction of Defective Work: If, within a period of one year after City Council acceptance of the improvement work performed under this Agreement, any of the improvements or work done under this Agreement fails to fulfill any of the requirements of this Agreement, or the specifications referred to herein, Subdivider shall without delay and without any cost to the City (upon receipt of written notice from the City), repair or replace or reconstruct any defective or otherwise Unsatisfactory part, or parts, of the work or structure. Should Subdivider fail to act promptly or in accordance with this. requirement, or should the exigencies of the case require repairs or replacements to be made before Subdivider can be notified, City may, at its option, make the necessary repairs or replacements or perform the necessarywork and Subdivider shall pay to City the actual cost of such repairs plus an amount equivalent to the current general City overhead costs. Warran : Without limiting the foregoing, Subdivider warrants and guarantees: materials used and workmanship performed on said work for a period of one (1) year after completion and acceptance thereof by the City, the setting of all required Final Map monuments and agrees to maintain all required landscaping in a vigorous and thriving condition for a period of twelve (12) months after completion and written acceptance thereof by the Director of Engineering and Building and by the Homeowner's Association. Only the warranty security for the landscape improvement shall be posted with the Homeowner's Association. All other security instruments shall be submitted to the City in accordance with Section 2 above. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law. Default: 24.1 Remedies Not Exclusive: In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, such remedy shall be in addition to, and not exclusive of, City's right to pursue any other administrative, legal, or equitable remedy to which it may be entitled. MICE 25. RU 27 24.2 City Right to Perform Work: In addition to whatever other rights or remedies it may have for Subdivider's default hereunder, in the event Subdivider shall fail to timely.perform any work required to be performed under this Agreement and such failure shall continue for a period of thirty (30) days after receipt of written notice of default from City, or thereafter Subdivider shall fail to diligently pursue the cure of any such default to completion, City shall have the right to enter into the Property and perform any of the uncompleted work by force account or contract or both and thereupon recover from Subdivider and the surety company, or both, the full cost and expense thereby incurred by City. 24.3 Attorney's Fees and Costs: In the event of any litigation arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney's fees and costs. Such attorney's fees and costs shall include fees and costs on any appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment. Notice of Completion: Upon approval of the Works of Improvement acceptance by the City Council, the Subdivider County Recorder a Notice of Completion of specified. Filing of Improvement Plans: by the City Engineer and shall file with the Orange the improvements herein Upon completion of the job and prior to final acceptance of the Works of Improvement by the City, the Subdivider shall submit to the City Engineerfor review and approval, one Mylar (4 mils) set of "record" drawings as well as digital copies of all improvement plans in accordance with the latest edition of the "City of San Juan Capistrano Digital Submission Standards". These drawings shall be certified and shall reflect the job as actually constructed, with all changes incorporated therein. Assignment: This agreement shall not be assignable by Subdivider without written consent of City. -15- IN WITNESS WHEREOF, two (2) identical counterparts of this agreement, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Subdivider herein named on the I S th day of.m hP�, 2006, the name and corporate seal of each corporate party being hereto affix d and theSp se presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. SJD PARTNERS, LTD., A California Limited Partnership By: Name: Bruce V. Coo K Its: General Counsel (Attach Notary Acknowledgement) Attachment: Exhibit A CITY OF SAN JUAN CAPISTRANO By: David M. Swerdlin, Mayor ATTEST: Margaret R. Monahan, City Clerk APPROVED AS TO FORM: Joh w, City Attorney CALIFORNLA ALL, PURPOSE ACKNOWLEDGMENT State of California County of Orange On September 1 S, 2006 before me, Susan E. Morales/Notary Public NAME, TITLE OF OFFICER personally appeared Bruce Y. Cook NAME OF SIGNER(S) ® Personally known to me - or - ❑ Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (SIGNATURE OFNOTARI) 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 ❑ INDIVIDUAL/OWNER ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ MANAGING MEMBER ® GENERAL COUNSEL SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SJD Partners, Ltd. DESCRIPTION OF ATTACHED DOCUMENT Subdivision Agreement -Tract #16747 TITLE OR TYPE OF DOCUMENT 16 NUMBER OF PAGES 09/15/06 DATE OF DOCUMENT SUBDIVISION IMPROVEMENT AGREEMENT - TRACT 16747 EXHIBIT "A" WORKS OF IMPROVEMENT Tvoe of Improvements: Grading Erosion and Silt Control Off-site Circulation Obligations Street and Related appurtenances Storm Drain Sanitary Sewer Landscaping and Irrigation Street Monuments Water and related appurtenances Exhibit A Estimated Construction Cost Or Bond Amount Processed through BLDG. Division Processed through BLDG. Division Bonds were processed separately $ 1,639,486 $ 1,537,973 $434,156 $ 923,526 $ 18,500 $763,671 RECORDING REQUESTED BY: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AND WHEN RECORDED, MAIL TO: Margaret R. Monahan, City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Exempt from Recording Fees: Gov Code 27383 & 6103 City of San Juan Capistrano Title of Document: This Space for Recorder's Use Only SUBDIVISION IMPROVEMENT AGREEMENT FINAL TRACT MAP 16751 Recording Requested by and When Recorded Mail To: City of San Juan Capistrano Attention: City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Margaret R. Monahan, City Clerk City of San Juan Capistrano SUBDIVISION IMPROVEMENT AGREEMENT SUBJECT: FINAL TRACT MAP 16751 THIS AGREEMENT is made this _day of 2006, between the CITY OF SAN JUAN CAPISTRANO, a municipal corporation, State of California, hereinafter referred to as "City" and SJD PARTNERS, LTD., a California limited partnership, whose mailing address is 1250 Corona Pointe Court, Suite 210, Corona CA 92879, hereinafter referred to as "Subdivider': WHEREAS, the tentative map application was conditionally approved by Resolution No 92-6-16-4; and, WHEREAS, Subdivider is the owner of that certain parcel of land situated in the City of San Juan Capistrano, Orange County, generally described as Vested Tentative Tract Maps 14196 and 15609 and Subdivider proposes to do and perform certain work of improvement thereon as hereinafter set forth; and WHEREAS, City desires to assure that said proposed improvements will be done in a good workmanlike manner and in accordance with the laws now in force and effect in the City of San Juan Capistrano, California, the terms and conditions of which are incorporated herein by reference; and WHEREAS, Subdivider declares that he is familiar with the pertinent regulations contained in the City Code and in the Subdivision Map Act (Government Code Sections 66410 to 66500) and agrees to comply therewith; and WHEREAS, a Final Map of said subdivision prepared in accordance with the City's Subdivision Ordinance, has been filed by Subdivider with City for approval by the City Council. NOW THEREFORE, in consideration of the approval and acceptance by the City Council of City of said Final Map and the acceptance of easements therein offered for - 1 - ATTACHMENT dedication for street and other public purposes and the covenants herein contained, the parties hereto mutually covenant and agree as follows: General Requirements: Subdivider shall comply with all the requirements specified in the "AMENDMENTTO IMPROVEMENT AND REIMBURSEMENTAGREEMENT (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)" dated November 15, 2005, the WATER FACILITIES AGREEMENT — SUNCAL PROPERTIES, dated September 2, 2003 and its subsequent amendment dated March 16, 2004, the conditions of approval set fort in City Council Resolution No. 92-6-16-4 (for Tentative Tract Map 14196j' and all applicable conditions of approval set fort in City Council Resolution No. 03- 09-16-06 (for Tentative Tract Map 15609) and shall, at his own cost and expense, provide all required tests, design work, equipment, materials and labor in order to complete all of the works of improvement (the "Works of Improvement"), set forth in Exhibit "A", to the satisfaction of the City Engineer. Such work of improvement shall include but not be limited to the undergrounding of the overhead utilities, the placement of curb markers atall proposed street catch basin inlet structures in accordance with the National Pollution Discharge Elimination System (NPDES) requirement and the construction of all required off-site infra -structure and circulation improvements to the satisfaction of the City Engineer. 1.1 Fair -Share Circulation Improvement Participation. Prior to the issuance of the first (15) building permit, other than model homes, the applicant shall financially contribute for the project's fair share traffic generation for the existing La Novia Avenue Improvement, from Valle Road to 2500 feet east, as well as any improvements not included in the Capistrano Circulation Fee Program (CCFP), as identified in the approved Environmental Impact Report (EIR) traffic impact analysis. This financial participation shall be in addition to paying CUP fees. The applicant's financial participation shall include right-of-way acquisition, design, and construction including, but not limited to, grading, streets, sidewalks, landscaping, retaining walls, drainage structures, utility relocation, and traffic signal improvements in accordance with the City's Master Plan of Streets and Highways. Additionally, prior to the issuance of the first (1') building permit, other than model homes, the applicant shall financially contribute for the project's fair share traffic generation on the following improvements. The final cost estimate shall be reviewed and determined by the City Engineer: Ortega Hiahwav & 1-5 Southbound Ramos: Improvements: Construct an additional southbound right -turn lane and re -stripe existing center lane to a left/thru lane. Fair share: 7.3% -2- Ortega Highway & 1-5 Northbound Ramps: Improvements: Construct westbound free right turn lane Fair share: 0.8% 1.2 Off -Site Circulation Improvement Construction. Prior to the issuance of the 15 Certificate of Occupancy, the applicant shall design and construct the off- site improvement listed below to its ultimate standard configurations in accordance with the City's Master Plan of Streets and Highways and to the satisfaction the City Engineer. All easements, right-of-way acquisitions, dedications and permits needed from any agency to accommodate said improvement shall be obtained by the applicant, with City's assistance. Any deferral in the timing of this condition, due to unforeseen delays, shall be subject to review and approval by the City Engineer. Camino Las Ramb/as & Via California: Improvements: Install a traffic signal and construct a separate southbound right -turn lane. 1.3 Construction of Avenida California. Prior to issuance of the151 st Residential Building Permit within Vesting Tentative Tract Maps 14196 and/or 15609, the applicant shall complete, to the satisfaction of the City Engineer, the construction of Avenida California Street, from the extension of Via California, all the way to its intersection with Valle Road. For any phases of development prior to issuance of the 1515 Residential Building Permit any section of Avenida California Street leading to a developed subdivision phase, within Tentative Tract Map 15609 and/or 14196, shall be completed from Via California to that phase, prior to issuance of the first building permit of such phase. Any deviation shall be subject to review and approval by the City Engineer. 1.4 Off -Site Circulation Improvement Construction. Prior to the completion of Avenida California, or the issuance of the 1515 Building Permit, whichever comes first, the applicant shall design and construct the off-site improvements listed below to their ultimate standard configurations in accordance with the City's Master Plan of Streets and Highways and to the satisfaction the City Engineer. All easements, right-of-way acquisitions, dedications and permits needed from any agency to accommodate said improvements listed below shall be obtained by the applicant, with City's assistance. Any deferral in the timing of this condition, due to unforeseen delays caused by the City or outside regulatory agencies, shall be subject to review and approval by the City Engineer. Valle Road & San Juan Creek Road: Improvements: Construct a northbound left -turn lane -3- La Novia Avenue & Valle Road/1-5 Northbound Ramps: Improvements: Realign La Novia Avenue and the 1-5 NB Ramps and install a traffic signal. Valle Road from San Juan Creek Road to La Novia Avenue: Improvements: Widen to a two-lane divided roadway. 2. Securit : A. Subdivider shall, at all times beginning with the execution of this agreement, guarantee Subdivider's performance of this agreement by providing City with the following security instruments (the "Security Instruments"), as required by the State Subdivision Map Act, on forms approved by City for the purposes and in the amounts as follows: (i) A Faithful Performance Bond to ensure faithful performance of this agreement in regard to said improvements in the amount of 100% of the estimated cost of construction of the improvements (110% for water related improvements); and (ii) A Labor and Materials Bond to secure payment.: to. any contractor, subcontractor, persons renting equipment or furnishing labor or materials for the improvements required to be constructed or installed pursuant to this agreement in the additional amount of 100% of the estimated cost of construction of the improvements (110% for water related improvements); and (iii) A Subdivision Monument Bond in the amount of 100% of the estimated cost of setting subdivision monuments as shown in Exhibit "A". B. In order to guarantee and warranty the Works of Improvement and i addition to the security instruments referenced in Paragraph 2(A) above, Subdivider shall provide to City the following Security Instruments: (i) Prior to the City's final acceptance of the Works of Improvement and recordation of a Notice of Completion, Subdivider shall provide to City a Warranty Bond for Works of Improvement warranting the accepted Works of Improvement for a period of one (1) year following said acceptance against any defective work or labor done or defective material furnished. The amount of such Warranty Bond for Works of Improvement shall be equal to twenty-five percent (25%) of the estimated construction cost set forth in Exhibit "A", or a suitable amount determined by the City Engineer. (ii) Prior to the City's final acceptance of the landscape and irrigation Works of Improvement, Subdivider shall provide a Landscape and Irrigation Warranty Bond warranting the landscape and irrigation Works of Improvement for a period of (1) year following said acceptance against any defective work or labor done or defective material furnished for any reason other than improper maintenance. The amount of such Landscape and Irrigation Warranty Bond shall be equal to twenty percent (20%) of the landscape architect's estimated construction cost, or a suitable amount determined by the City Engineer. The Landscape and Irrigation Warranty Bond shall be held by the development's Homeowners' Association ("HOA). All Security Instruments required by this agreement, with the exception of the Landscape and Irrigation Warranty Bond, which is submitted to the development's HOA, shall be kept on file with the City Clerk. The terms of the Security Instruments required by this agreement are hereby incorporated in this agreement by reference. City shall release the Faithful Performance Bond upon Subdivider's.written request following acceptance by City of the Works of Improvement and Subdivider's delivery to City of the Warranty Bond for Works of Improvement. City shall release the Labor and Materials Bond upon Subdivider's written request and following acceptance by City of the Works of Improvement and after expiration of the time within which lien claims are required to be made pursuant to Article 3 (commencing with Section 3114) of Chapter 2 of Title 15 of Part 4 of Division Third of the California Civil Code. If lien claims have been timely filed, City shall hold the Labor and Materials Bond until (a) such claims have been resolved, (b) Subdivider has provided a statutory bond, or otherwise as required by applicable law. City Engineer shall release the Warranty Bond for Works of Improvement upon Subdivider's written request following the expiration of the warranty period, provided no claims are outstanding at that time regarding defective work. The release of the Landscape and Irrigation Warranty Bond held by the HOA will be determined by a separate agreement between the developer and the HOA. 2.1 Form of Security Instruments. All Security Instruments shall meetthe following minimum requirements and otherwise shall be in a form acceptable to the City Attorney: (i) Any insurance company acting as surety shall have a minimum rating of A -IX, as rated by the current edition of Best's Key 1111411 Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858; any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's; (ii) Payments under the Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the County of Orange, State of California; (iii) Each of the Security Instruments shall have a minimum term of one (1) year after the deadline for Subdivider's completing the Works of Improvement, in accordance with paragraph 3 herein; (iv) The Security Instruments shall reference Subdivider's obligations under this Agreement, shall be irrevocable, and shall include as an additional obligation secured the responsibility to compensate City for all of the City's attorneys' fees and litigation expenses reasonably incurred enforcing its rights under the Security Instruments. 3. Time of Completion: All of the Works of Improvement shall be completed within twenty-four (24) months from the effective date of this Agreement. The time for completion may be extended by the City Engineer, in writing, for good cause shown by the Subdivider. Subdivider shall compensate the City for all costs reasonably incurred in having its authorized representatives perform the usual and customary engineering services during said extension as specified in Paragraph 19 below. In the event that Subdivider fails to complete the Works of Improvement within said period or any approved extension, the City may complete said work and shall be entitled to recover the full cost and expenses thereof from Subdivider, or his surety as herein provided. The City may require Subdivider, or his surety, to pay the City in advance, sufficient monies to cover the City's cost in completing construction of said Works of Improvement. 3.1 Force Majeure: Notwithstanding the provisions of paragraph 3 herein, Subdivider's time for completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikes, lockouts, acts or failures to act of a public agency (including City), required changes to the Scope of Work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than thirty (30) days prior to City's receipt of a written notice -6- from Subdivider or its contractor detailing the grounds for Subdivider's claim to a right to extend its time for performance hereunder. 3.2 Continuous Work: After commencement of construction of the Works of Improvement (or separable portion thereof), Subdivider shall cause such work to be diligently pursued to completion, and shall -not abandon the work for a consecutive period of more than thirty (30) days, events of force majeure excepted. 3.3 Reversion to Acreage: In addition to whatever other rights City may have due to Subdivider's failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Sections 66499.11-66499.20- 3/4. In this regard, Subdivider agrees that if none of the Works of Improvement referenced herein have been made within the specified "Time of Completion" referenced in paragraph 3 above or within the time allowed herein, whichever is the later, and if City thereafter initiates proceedings to revert the Property to acreage„ any improvements made by or on behalf of Subdivider after the date City initiates such action shall not be considered in determining City's authority to revert the Property to acreage. 4. Effective Date of Agreement: This Agreement shall not become effective unless and until the subdivision map has been approved by the City Council and also accepted for recordation by the County Recorder of the County of Orange. 5. Utility Deposits - Statement: Prior to the commencement of any work to be performed within the area delineated on the Final Map, the Subdivider must file a written statement with the City Clerk and City Engineer, signed by the Subdivider, to the effect that Subdivider has made all deposits legally required by such public utility corporation for the connection of any and all public utilities to be supplied by such public utility corporation within the subdivision. 6. Permits - Compliance with Law: Subdivider shall, at Subdivider's expense, obtain all necessary permits and licenses for the construction of required improvements, give all necessary notices and pay all fees and taxes required by law. -7- 7. Definitions and Ownership of Improvements: The term "improvements" means: grading, paving, curbs and gutters, pathways, storm drains, sanitary sewers, domestic and non-domestic water, utilities, such as electric, telephone and cable TV, conduits, gas lines, drainage facilities, traffic controls, landscaping and irrigation, street lights, and all other required facilities as shown in detail upon plans, profiles and specifications which have been prepared or are now in final preparation by engineers acting for Subdivider subject to approval by the City Engineer. No work on said improvements shall be commenced until plans and profiles therefore have been submitted to, approved and permitted by the City Engineer. All required public improvements constructed or installed pursuant to this Agreement shall become the sole exclusive property of the City, without payment therefore, upon acceptance of said improvements by the City Council. 8. Obligations of Subdivider: Notwithstanding the fact that Subdivider's plans and specifications, completion of the work, and other acts are subject to approval of the City, it is understood and agreed that any approval by the City thereof shall in no way relieve Subdivider of satisfactorily performing said work or the related obligations hereunder. The construction shall be done strictly in accordance with the plans and specifications including supplementals and revisions prepared by Subdivider or its registered engineer, and as approved by the City as being consistent with the City Code and Standards. Subdivider warrants that its plans and specifications conform as a minimum to said codes and standards and that they are adequate to accomplish the work in a good workmanlike manner and in accordance with responsible construction practices. In addition to the foregoing, Subdivider shall satisfy all the conditions of approval set forth on the City approved tentative map for the Property. Subdivider shall also perform all work and furnish all materials necessary, in the opinion of the City Engineer and on his order, to complete the Works of Improvement in accordance with the plans and specifications on file as hereinbefore specified, or with any changes required or ordered by said Engineer which, in his opinion, are necessary or required to complete this work. Intent of Plans and Specifications The intent of the plans and specifications referenced above is to prescribe a complete work of improvement, which Subdivider shall perform, or cause to be performed in a manner acceptable to the City Engineer (or designee) and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility, even though the plans and specifications may not specifically call out all items of work required for the contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made of information necessary to carry out the full intent and meaning of the plans and specifications, Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the plans, specifications, or related documents, reference shall be made to the City Engineer whose decision thereon shall be final. 10. Superintendence by Subdivider: Subdivider shall give personal superintendence to the Works of Improvement, or have a competent foreman or superintendent, satisfactory to the City Engineer, on the work at all times during progress, with authority to act for Subdivider. In the event the Subdivider is not exercising satisfactory superintendence, the City Engineer may order suspension of all work within the subdivision until the deficiency is adequately corrected. 11. Repair and Replacements: Subdivider shall replace, or have replaced, or repair, or have repaired, as the case may be, or pay to the owner the entire cost of replacement or repairs, for all survey monuments or for any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City or by any public or private corporation, or by any person whomsoever or by combination of such owners. Any such repair or replacement shall be completed in a reasonable manner and subject to the approval of the City Engineer and affected property owner. 12. Inspection by City: Subdivider shall at all times maintain proper facilities and provide safe access for inspection by City to all parts of the work and to the shops where the work is in preparation. The Subdivider shall pay the cost of inspections. City's inspector shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement. The inspection of the work by City shall not relieve Subdivider or the contractor of any obligations to fulfill this Agreement as herein provided; unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted. No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by City is made. Final acceptance shall not constitute a waiver by City of defective work subsequently discovered. The date on which the Works of Improvement will be considered as complete shall be that date on which the City Council accepts the improvements and authorizes the City Clerk to file a Notice of Completion with respect thereto. 13. Authority of the City Engineer: All required improvements shall be constructed under the inspection of and subject to approval of the City Engineer. Therefore, it is mutually agreed by the parties hereto that the City Engineer shall have the right to reject any or all of the work to be performed under this contract if such work does not conform with City Codes and Standards and the plans and specifications mentioned herein, including subsequent revisions that may have been previously overlooked during the plan review process. Any damage to the improvements (existing or new) that occurs during or after installation of work performed under this Agreement shall be repaired or replaced, by the Subdivider, to the satisfaction of the City Engineer before the final acceptance of completed work and release of security. In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to make a final decision in regard to all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and Subdivider's contractor. 14. Changes in the Work: The City Engineer, without invalidating this Agreement and without notification to any of the sureties referenced in paragraph 2, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer to accomplish the purposes of this Agreement and to protect the public health, safety, and welfare. It is mutually understood that it is inherent in the nature of the work contemplated by this Agreement that some changes in the plans and specifications and related documents may be necessary during the course of construction to adjust them to field conditions and to assure the protection of the public health, safety, and welfare. The City Engineer shall notify Subdivider or Subdivider's contractor in writing (by Correction Notice) at the time a determination has been made to require changes in the Works of Improvement. No field changes performed or proposed by Subdivider or its contractor shall be binding on City unless approved in writing by the City Engineer. -10- 15. No Warranty by City: The plans and specifications and related documents for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation or warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the plans or specifications or related documents. 16. Liability for Performance, Iniury or Damage: Neither the City nor any of its officers or agents shall be liable to Subdivider or its contractors for any error or omission arising out of or in connection with any work to be performed under this contract. Additionally, the City shall not be liable to the Subdivider or to any other person, firm, or corporation whatsoever, for any injury or damage that may result to any person or property by or from any cause whatsoever in, on, or about the subdivision of said land covered by this Agreement, or any part thereof. 17. Indemnifications and Release: Prior to the commencement of any work pursuant to this contract, Subdivider's contractors shall furnish to City satisfactory evidence of an insurance policy written upon a form and by a company (which meets with the approval of City) insuring City, its officers, agents, and employees against loss or liability which may arise during the work or which may result from any of the work herein required to be done, including all costs of defending any claim arising as result thereof. Minimum liability and property damage insurance shall be not. less than $500,000 for all damages arising out of bodily injury to or death of one person and not less than $1,000,000 for all damages arising out of bodily injuries to or death of more than one person in any one occurrence; and not less than $500,000 for all damages and/or destruction of property in any one occurrence and not less than $750,000 for all damages and/or destruction of property during the policy period. Said policy shall be in favor of Subdivider or its contractors and of the City, its officers, agents, and employees and shall be maintained in full force and effect during the life of this Agreement, including extensions. Said policy shall state by its terms and by an endorsement that it shall not be canceled until City shall have had at least ninety (90) days' notice in writing of such cancellation. The Subdivider hereby releases and agrees to defend, indemnify and hold the City harmless from and against any and all injuries to and deaths of persons and injuries to property, and all claims, demands, costs, loss, damage and liability, howsoever the same may be caused and whensoever the same may appear, resulting directly or indirectly from the performance or nonperformance of any or all work to be done in and upon the subject - 11 - property and the premises adjacent thereto pursuant to this Agreement, and also from any and all injuries to and deaths of persons and injuries to property or other interests and all claims, demands, costs, loss, damage, and liability, howsoever the same may be caused and whensoever the same may appear, either directly or indirectly made or suffered by the Subdivider, the Subdivider's agents, employees, and subcontractors, while engaged in the performance of said work. 18. Liability of Subdivider: The Subdivider agrees that the use for any purpose and by any person of any and all of the streets, easements and improvements herein specified shall be at the sole and exclusive risk of the Subdivider at all times prior to final acceptance by the City of the completed street and other improvements thereon and therein; provided that acceptance by the City shall in no way eliminate or lessen any of the Subdivider's obligations or undertakings contained in this Agreement. The issuance of any occupancy permits (if granted) by the City for buildings located within said subdivision shall not be construed in any manner to constitute an acceptance and approval of any or all of the required improvements in said subdivision. 19. Subdividers Expenses: The Subdivider shall pay these additional expenses: a. The Subdivider shall cause to be made and/or pay for soil tests made by a reputable Geotechnical consultant/firm to determine stability, gradation, bearing, and resistance value of soils within the subdivision from which to determine the nature and design of appropriate improvements. The Subdivider shall also pay for all compaction and related tests necessary to determine that all fill work and the utility trench backfill has been satisfactorily placed. b. All service (including plan check and inspection), impact and connection fees as established by City shall be paid for each lot in the subdivision in accordance with the City Code. C. All actual costs for, design, plan check, development process and inspection incurred by the City in evaluating any proposed or agreed upon change in work. In no event shall Subdivider be entitled to additional inspections or final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including, without limitation, charges for applicable penalties and additional required inspections. -12- d. Subdivider shall compensate the City for all actual costs reasonably incurred in having its authorized representatives make the usual and customary engineering services beyond the specified "Time of Completion" referenced in paragraph 3 above. Said actual costs include: inspection of Works of Improvement, engineer design review, plan check and project development process. Subdivider agrees to pay the cost of said City services within forty-five (45) days of invoice date, or as determined by the City Engineer. 20. Relationship of Contractors: It is hereby mutually covenanted and agreed by the parties hereto that Subdivider's contractors are not agents of the City, and that the contractors' relations to City, if any, are those of independent contractors. 21. Certification of Satisfactory Completion: Upon the satisfactory completion of the Works of Improvement by the Subdivider, the City Engineer shall certify that the Works of Improvement have been satisfactorily completed. 22. Repairs or Reconstruction of Defective Work: If, within a period of one year after City Council acceptance of the improvement work performed under this Agreement, any of the improvements or work done under this Agreement fails to fulfill any of the requirements of this Agreement, or the specifications referred to herein, Subdivider shall without delay and without any cost to the City (upon receipt of written notice from the City), repair or replace or reconstruct any defective or otherwise Unsatisfactory part, or parts, of the work or structure. Should Subdivider fail to act promptly or in accordance with this requirement, or should the exigencies of the case require repairs or replacements to be made before Subdivider can be notified, City may, at its option, make the necessary repairs or replacements or perform the necessary work and Subdivider shall pay to City the actual cost of such repairs plus an amount equivalent to the current general City overhead costs. 23. Warranty: Without limiting the foregoing, Subdivider warrants and guarantees: materials used and workmanship performed on said work for a period of one (1) year after completion and acceptance thereof by the City, the setting of all required Final Map monuments and agrees to maintain all required landscaping in a vigorous and thriving condition for a period of twelve (12) -13- months after completion and written acceptance thereof by the Director of Engineering and Building and by the Homeowner's Association. Only the warranty security for the landscape improvement shall be posted with the Homeowner's Association. All other security instruments shall be submitted to the City in accordance with Section 2 above. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law. 24. Default: 24.1 Remedies Not Exclusive: In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, such remedy shall be in addition to, and not exclusive of, City's right to pursue any other administrative, legal, or equitable remedy to which it may be entitled. 24.2 City Right to Perform Work: In addition to whatever other rights or remedies it may have for Subdivider's default hereunder, in the event Subdivider shall fail to timely perform any work required to be performed under this Agreement and such failure shall continue for a period of thirty (30) days after receipt of written notice of default from City, or thereafter Subdivider shall fail to diligently pursue the cure of any such default to completion, City shall have the right to enter into the Property and perform any of the uncompleted work by force account or contract or both and thereupon recover from Subdivider and the surety company, or both, the full cost and expense thereby incurred by City. 24.3 Attorney's Fees and Costs: In the event of any litigation arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney's fees and costs. Such attorney's fees and costs shall include fees and costs on any appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment. -14- 25. Notice of Completion: Upon approval of the Works of Improvement by the City Engineer and acceptance by the City Council, the Subdivider shall file with the Orange County Recorder a Notice of Completion of the improvements herein specified. 26. Filing of Improvement Plans: Upon completion of the job and prior to final acceptance of the Works of Improvement by the City, the Subdivider shall submit to the City Engineerfor review and approval, one Mylar (4 mils) set of "record" drawings as well as digital copies of all improvement plans in accordance with the latest edition of the "City of San Juan Capistrano Digital Submission Standards". These drawings shall be certified and shall reflect the job as actually constructed, with all changes incorporated therein. 27. Assignment: This agreement shall not be assignable by Subdivider without written consent of City. -15- IN WITNESS WHEREOF, two (2) identical counterparts of this agreement, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Subdivider herein named on the 1�'" _th day of, 2006, the name and corporate seal of each corporate party being hereto affix d and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. SJD PARTNERS, LTD., A California Limited Partnership By: — 6-tv� Its: General Counsel (Attach Notary Acknowledgement) Attachment: Exhibit A MI -V CITY OF SAN JUAN CAPISTRANO David M. Swerdlin, Mayor ATTEST: Margaret R. Monahan, City Clerk APPROVED AS TO FORM: JOYS.iia4v, City Attorney CALWORNIIA. ALL PVP4SE ACKNOWLEDGMENT State of California County of Orange On September 15, 2006 before me, personally appeared ® Personally known to me - or - ❑ Susan E. Morales/Notary Public NAME, TITLE OF OFFICER Brucey Cook NAME OF SIGNER(S) Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 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 ❑ INDIVIDUAL/OWNER ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ MANAGING MEMBER ® GENERAL COUNSEL ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SJD Partners. Ltd. DESCRIPTION OF ATTACHED DOCUMENT Subdivision Agreement - Tr. #16751 TITLE OR TYPE OF DOCUMENT 16 NUMBER OF PAGES 09/15/06 DATE OF DOCUMENT SUBDIVISION IMPROVEMENT AGREEMENT - TRACT 16751 EXHIBIT "A" WORKS OF IMPROVEMENT Type of Improvements: Grading Erosion and Silt Control Off-site Circulation Obligations Street and Related appurtenances Storm Drain Sanitary Sewer Landscaping and Irrigation Street Monuments Water and related appurtenances a Exhibit A Estimated Construction Cost Or Bond Amount Processed through BLDG. Division Processed through BLDG. Division Bonds were processed separately $ 219,070 $ 78,031 $ 83,952 $ 141,578 ° $ 14,000 $53,215 RECORDING REQUESTED BY: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AND WHEN RECORDED, MAIL TO Margaret R. Monahan, City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Exempt from Recording Fees: Gov Code 27383 & 6103 City of San Juan Capistrano Title of Document: This Space for Recorder's Use Only SUBDIVISION IMPROVEMENT AGREEMENT FINAL TRACT MAP 16752 Recording Requested by and When Recorded Mail To: City of San Juan Capistrano Attention: City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Margaret R. Monahan, City Clerk City of San Juan Capistrano SUBDIVISION IMPROVEMENT AGREEMENT SUBJECT: FINAL TRACT MAP 16752 THIS AGREEMENT is made this _day of 2006, between the CITY OF SAN JUAN CAPISTRANO, a municipal corporation, State of California, hereinafter referred to as "City" and SJD PARTNERS, LTD., a California limited partnership, whose mailing address is 1250 Corona Pointe Court, Suite 210, Corona CA 92879, hereinafter referred to as "Subdivider": WHEREAS, the tentative map application was conditionally approved by Resolution No 92-6-16-4; and, WHEREAS, Subdivider is the owner of that certain parcel of land situated in the City of San Juan Capistrano, Orange County, generally described as Vested Tentative Tract Maps 14196 and 15609 and Subdivider proposes to do and perform certain work of improvement thereon as hereinafter set forth; and WHEREAS, City desires to assure that said proposed improvements will be done in a good workmanlike manner and in accordance with the laws now in force and effect in the City of San Juan Capistrano, California, the terms and conditions of which are incorporated herein by reference; and WHEREAS, Subdivider declares that he is familiar with the pertinent regulations contained in the City Code and in the Subdivision Map Act (Government Code Sections 66410 to 66500) and agrees to comply therewith; and WHEREAS, a Final Map of said subdivision prepared in accordance with the City's Subdivision Ordinance, has been filed by Subdivider with City for approval by the City Council. NOW THEREFORE, in consideration of the approval and acceptance by the City Council of City of said Final Map and the acceptance of easements therein offered for - 1 - ATTACHMENT dedication for street and other public purposes and the covenants herein contained, the parties hereto mutually covenant and agree as follows: General Requirements: Subdivider shall comply with all the requirements specified in the "AMENDMENT TO IMPROVEMENT AND REIMBURSEMENTAGREEMENT (ASSESSOR'S PARCELS #666 -301 -01,666 -301 -09,675 -361-01,675-361- 03, 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)" dated November 15, 2005, the WATER FACILITIES AGREEMENT — SUNCAL PROPERTIES, dated September 2, 2003 and its subsequent amendment dated March 16, 2004, the conditions of approval set fort in City Council Resolution No. 92-6-16-4 (for Tentative Tract Map 14196) and all applicable conditions of approval set fort in City Council Resolution No. 03- 09-16-06 (for Tentative Tract Map 15609) and shall, at his own cost and expense, provide all required tests, design work, equipment, materials and labor in order to complete all of the works of improvement (the "Works of Improvement"), set forth in Exhibit "A", to the satisfaction of the City Engineer. Such work of improvement shall include but not be limited to the undergrounding of the overhead utilities, the placement of curb markers at all proposed street catch basin inlet structures in accordance with the National Pollution Discharge Elimination System (NPDES) requirement and the construction of all required off-site infra -structure and circulation improvements to the satisfaction of the City Engineer. 1.1 Fair -Share Circulation Improvement Participation. Prior to the issuance of the first (1s) building permit, other than model homes, the applicant shall financially contribute for the project's fair share traffic generation for the existing La Novia Avenue Improvement, from Valle Road to 2500 feet east, as well as any improvements not included in the Capistrano Circulation Fee Program (CCFP), as identified in the approved Environmental Impact Report (EIR) traffic impact analysis. This financial participation shall be in addition to paying CUP fees. The applicant's financial participation shall include right-of-way acquisition, design, and construction including, but not limited to, grading, streets, sidewalks, landscaping, retaining walls, drainage structures, utility relocation, and traffic signal improvements in accordance with the City's Master Plan of Streets and Highways. Additionally, prior to the issuance of the first (1 st) building permit, other than model homes, the applicant shall financially contribute for the project's fair share traffic generation on the following improvements. The final cost estimate shall be reviewed and determined by the City Engineer: Ortega Highwav & 1-5 Southbound Ramvs: Improvements: Construct an additional southbound right -turn lane and re -stripe existing center lane to a left/thru lane. Fair share: 7.3% -2- Ortega Highway & 1-5 Northbound Ramps: Improvements: Construct westbound free right tum lane Fair share: 0.8% 1.2 Off -Site Circulation Improvement Construction. Prior to the issuance of the 15 Certificate of Occupancy, the applicant shall design and construct the off- site improvement listed below to its ultimate standard configurations in accordance with the City's Master Plan of Streets and Highways and to the satisfaction the City Engineer. All easements, right-of-way acquisitions, dedications and permits needed from any agency to accommodate said improvement shall be obtained by the applicant, with City's assistance. Any deferral in the timing of this condition, due to unforeseen delays, shall be subject to review and approval by the City Engineer. Camino Las Ramb/as & Via California: Improvements: Install a traffic signal and construct a separate southbound right -turn lane. 1.3 Construction of Avenida California. Prior to issuance of the 151 st Residential Building Permit within Vesting Tentative Tract Maps 14196 and/or 15609, the applicant shall complete, to the satisfaction of the City Engineer, the construction of Avenida California Street, from the extension of Via California, all the way to its intersection with Valle Road. For any phases of development prior to issuance of the 151St Residential Building Permit any section of Avenida California Street leading to a developed subdivision phase, within Tentative Tract Map 15609 and/or 14196, shall be completed from Via California to that phase, prior to issuance of the first building permit of such phase. Any deviation shall be subject to review and approval by the City Engineer. 1.4 Off -Site Circulation Improvement Construction. Prior to the completion of Avenida California, or the issuance of the 1515 Building Permit, whichever comes first, the applicant shall design and construct the off-site improvements listed below to their ultimate standard configurations in accordance with the City's Master Plan of Streets and Highways and to the satisfaction the City Engineer. All easements, right-of-way acquisitions, dedications and permits needed from any agency to accommodate said improvements listed below shall be obtained by the applicant, with City's assistance. Any deferral in the timing of this condition, due to unforeseen delays caused by the City or outside regulatory agencies, shall be subject to review and approval by the City Engineer. Valle Road & San Juan Creek Road: Improvements: Construct a northbound left -turn lane -3- La Novia Avenue & Valle Roadli-5 Northbound Ramps: Improvements: Realign La Novia Avenue and the 1-5 NB Ramps and install a traffic signal. Valle Road from San Juan Creek Road to La Novia Avenue: Improvements: Widen to a two-lane divided roadway. 2. Security: A. Subdivider shall, at all times beginning with the execution of this agreement, guarantee Subdivider's performance of this agreement by providing City with the following security instruments (the "Security Instruments"), as required by the State Subdivision Map Act, on forms approved by City for the purposes and in the amounts as follows: (i) A Faithful Performance Bond to ensure faithful performance of this agreement in regard to said improvements in the amount of 100% of the estimated cost of construction of the improvements (110% for water related improvements); and (ii) A Labor and Materials Bond to secure payment to any contractor, subcontractor, persons renting equipment or furnishing labor or materials for the improvements required to be constructed or installed pursuant to this agreement in the additional amount of 100% of the estimated cost of construction of the improvements (110% for water related improvements); and (iii) A Subdivision Monument Bond in the amount of 100% of the estimated cost of setting subdivision monuments as shown in Exhibit "A". B. In order to guarantee and warranty the Works of Improvement and i addition to the security instruments referenced in Paragraph 2(A) above, Subdivider shall provide to City the following Security Instruments: (i) Prior to the City's final acceptance of the Works of Improvement and recordation of a Notice of Completion, Subdivider shall provide to City a Warranty Bond for Works of Improvement warranting the accepted Works of Improvement for a period of one (1) year following said acceptance against any defective work or labor done or defective material furnished. The amount of such Warranty Bond for Works of Improvement shall be equal to twenty-five percent (25%) of the estimated construction cost set forth in Exhibit "A", or a suitable amount determined by the City Engineer. (ii) Prior to the Citys final acceptance of the landscape and irrigation Works of Improvement, Subdivider shall provide a Landscape and -irrigation Warranty Bond warranting the landscape and irrigation Works of Improvement for a period of (1) year following said acceptance against any defective work or labor done or defective material furnished for any reason other than improper maintenance. The amount of such Landscape and Irrigation Warranty Bond shall be equal to twenty percent (20%) of the landscape architect's estimated construction cost, or a suitable amount determined by the City Engineer. The Landscape and Irrigation Warranty Bond shall be held by the development's Homeowners' Association ("HOA). All Security Instruments required by this agreement, with the exception of the Landscape and Irrigation Warranty Bond, which is submitted to the development's HOA, shall be kept on file with the City Clerk. The terms of the Security Instruments required by this agreement are hereby incorporated in this agreement by reference. City shall release the Faithful Performance Bond upon Subdividers written request following acceptance by City of the Works of Improvement and Subdividers delivery to City of the Warranty Bond for Works of Improvement. City shall release the Labor and Materials Bond upon Subdivider's written request and following acceptance by City of the Works of Improvement and after expiration of the time within which lien claims are required to be made pursuant to Article 3 (commencing with Section 3114) of Chapter 2 of Title 15 of Part 4 of Division Third of the California Civil Code. If lien claims have been timely filed, City shall hold the Labor and Materials Bond until (a) such claims have been resolved, (b) Subdivider has provided a statutory bond, or otherwise as required by applicable law. City Engineer shall release the Warranty Bond for Works of Improvement upon Subdivider's written request following the expiration of the warranty period, provided no claims are outstanding at that time regarding defective work. The release of the Landscape and Irrigation Warranty Bond held by the HOA will be determined by a separate agreement between the developer and the HOA. 2.1 Form of Security Instruments. All Security Instruments shall meetthe following minimum requirements and otherwise shall be in a form acceptable to the City Attorney: (i) Any insurance company acting as surety shall have a minimum rating of A -IX, as rated by the current edition of Best's Key -5- Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858; any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's; (ii) Payments under the Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the County of Orange, State of California; (iii) Each of the Security Instruments shall have a minimum term of one (1) year after the deadline for Subdividers completing the Works of Improvement, in accordance with paragraph 3 herein; (iv) The Security Instruments shall reference Subdividers obligations under this Agreement, shall be irrevocable, and shall include as an additional obligation secured the responsibility to compensate City for all of the City's attorneys' fees and litigation expenses reasonably incurred enforcing its rights under the Security Instruments. 3. Time of Completion: All of the Works of Improvement shall be completed within twenty-four (24) months from the effective date of this Agreement. The time for completion may be extended by the City Engineer, in writing, for good cause shown by the Subdivider. Subdivider shall compensate the City for all costs reasonably incurred in having its authorized representatives, perform the usual and customary engineering services during said extension as specified in Paragraph 19 below. In the event that Subdivider fails to complete the Works of Improvement within said period or any approved extension, the City may complete said work and shall be entitled to recover the full cost and expenses thereof from Subdivider, or his surety as herein provided. The City may require Subdivider, or his surety, to pay the City in advance, sufficient monies to cover the City's cost in completing construction of said Works of Improvement. 3.1 Force Majeure: Notwithstanding the provisions of paragraph 3 herein, Subdividers time for completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikes, lockouts, acts or failures to act of a public agency (including City), required changes to the Scope of Work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than thirty (30) days prior to City's receipt of a written notice -6- from Subdivider or its contractor detailing the grounds for Subdivider's - claim to a right to extend its time for performance hereunder. 3.2 Continuous Work: After commencement of construction of the Works of Improvement (or separable portion thereof), Subdivider shall cause such work to be diligently pursued to completion, and shall not abandon the work for a consecutive period of more than thirty (30) days, events of force majeure excepted. 3.3 Reversion to Acreage: In addition to whatever other rights City may have due to Subdivider's failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Sections 66499.11-66499.20- 3/4. In this regard, Subdivider agrees that if none of the Works of Improvement referenced herein have been made within the specified "Time of Completion" referenced in paragraph 3 above or within the time allowed herein, whichever is the later, and if City thereafter initiates proceedings to revert the Property to acreage, any improvements made by or on behalf of Subdivider after the date City initiates such action shall not be considered in determining City's authority to revert the Property to acreage. 4. Effective Date of Agreement: This Agreement shall not become effective unless and until the subdivision map has been approved by the City Council and also accepted for recordation by the County Recorder of the County of Orange. 5. Utility Deposits - Statement: Prior to the commencement of any work to be performed within the area delineated on the Final Map, the Subdivider must file a written statement with the City Clerk and City Engineer, signed by the Subdivider, to the effect that Subdivider has made all deposits legally required by such public utility corporation for the connection of any and all public utilities to be supplied by such public utility corporation within the subdivision. 6. Permits - Compliance with Law: Subdivider shall, at Subdivider's expense, obtain all necessary permits and licenses for the construction of required improvements, give all necessary notices and pay all fees and taxes required by law. -7- 7. Definitions and Ownership of Improvements: The term "improvements" means: grading, paving, curbs and gutters, pathways, storm drains, sanitary sewers, domestic and non-domestic water, utilities, such as electric, telephone and cable TV, conduits, gas lines, drainage facilities, traffic controls, landscaping and irrigation, street lights, and all other required facilities as shown in detail upon plans, profiles and specifications which have been prepared or are now in final preparation by engineers acting for Subdivider subject to approval by the City Engineer. No work on said improvements shall be commenced until plans and profiles therefore have been submitted to, approved and permitted by the City Engineer. All required public improvements constructed or installed pursuant to this Agreement shall become the sole exclusive property of the City, without payment therefore, upon acceptance of said improvements by the City Council. 8. Obligations of Subdivider: Notwithstanding the fact that Subdivider's plans and specifications, completion of the work, and other acts are subject to approval of the City, it is understood and agreed that any approval by the City thereof shall in no way relieve Subdivider of satisfactorily performing said work or the related obligations hereunder. The construction shall be done strictly in accordance with the plans and specifications including supplementals and revisions prepared by Subdivider or its registered engineer, and as approved by the City as being consistent with the City Code and Standards. Subdivider warrants that its plans and specifications conform as a minimum to said codes and standards and that they are adequate to accomplish the work in a good workmanlike manner and in accordance with responsible construction practices. In addition to the foregoing, Subdivider shall satisfy all the conditions of approval set forth on the City approved tentative map for the Property. Subdivider shall also perform all work and furnish all materials necessary, in the opinion of the City Engineer and on his order, to complete the Works of Improvement in accordance with the plans and specifications on file as hereinbefore specified, or with any changes required or ordered by said Engineer which, in his opinion, are necessary or required to complete this work. 9. Intent of Plans and Specifications The intent of the plans and specifications referenced above is to prescribe a complete work of improvement, which Subdivider shall perform, or cause to be performed in a manner acceptable to the City Engineer (or designee) and in full compliance with all codes and the terms of this Agreement. Subdivider It -IN shall complete a functional or operable improvement or facility, even though the plans and specifications may not specifically call out all items of work required for the contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made of information necessary to carry out the full intent and meaning of the plans and specifications, Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the plans, specifications, or related documents, reference shall be made to the City Engineer whose decision thereon shall be final. 10. Superintendence by Subdivider: Subdivider shall give personal superintendence to the Works of Improvement, or have a competent foreman or superintendent, satisfactory to the City Engineer, on the work at all times during progress, with authority to act for Subdivider. In the event the Subdivider is not exercising satisfactory superintendence, the City Engineer may order suspension of all work within the subdivision until the deficiency is adequately corrected. 11. Repair and Replacements: Subdivider shall replace, or have replaced, or repair, or have repaired, as the case may be, or pay to the owner the entire cost of replacement or repairs, for all survey monuments or for any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City or by any public or private corporation, or by any person whomsoever or by combination of such owners. Any such repair or replacement shall be completed in a reasonable manner and subject to the approval of the City Engineer and affected property owner. 12. Inspection by City: Subdivider shall at all times maintain proper facilities and provide safe access for inspection by City to all parts of the work and to the shops where the work is in preparation. The Subdivider shall pay the cost of inspections. City's inspector shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement. The inspection of the work by City shall not relieve Subdivider or the contractor of any obligations to fulfill this Agreement as herein provided; unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted. x'10 No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by City is made. Final acceptance shall not constitute a waiver by City of defective work subsequently discovered. The date on which the Works of Improvement will be considered as complete shall be that date on which the City Council accepts the improvements and authorizes the City Clerk to file a Notice of Completion with respect thereto. 13. Authority of the City Engineer: All required improvements shall be constructed under the inspection of and subject to approval of the City Engineer. Therefore, it is mutually agreed by the parties hereto that the City Engineer shall have the right to reject any or all of the work to be performed under this contract if such work does not conform with City Codes and Standards and the plans and specifications mentioned herein, including subsequent revisions that may have been previously overlooked during the plan review process. Any damage to the improvements (existing or new) that occurs during or after installation of work performed under this Agreement shall be repaired or replaced, by the Subdivider, to the satisfaction of the City Engineer before the final acceptance of completed work and release of security. In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to make a final decision in regard to all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and Subdivider's contractor. 14. Changes in the Work: The City Engineer, without invalidating this Agreement and without notification to any of the sureties referenced in paragraph 2, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer to accomplish the purposes of this Agreement and to protect the public health, safety, and welfare. It is mutually understood that it is inherent in the nature of the work contemplated by this Agreement that some changes in the plans and specifications and related documents may be necessary during the course of construction to adjust them to field conditions and to assure the protection of the public health, safety, and welfare. The City Engineer shall notify Subdivider or Subdivider's contractor in writing (by Correction Notice) at the time a determination has been made to require changes in the Works of Improvement. No field changes performed or proposed by Subdivider or its contractor shall be binding on City unless approved in writing by the City Engineer. -10- 15. No Warranty by City: The plans and specifications and related documents for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation or warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the plans or specifications or related documents. 16. Liability for Performance, Injury or Damage: Neither the City nor any of its officers or agents shall be liable to Subdivider or its contractors for any error or omission arising out of or in connection with any work to be performed under this contract. Additionally, the City shall not be liable to the Subdivider or to any other person, firm, or corporation whatsoever, for any injury or damage that may result to any person or property by or from any cause whatsoever in, on, or about the subdivision of said land covered by this Agreement, or any part thereof. 17. Indemnifications and Release: Prior to the commencement of any work pursuant to this contract, Subdivider's contractors shall furnish to City satisfactory evidence of an insurance policy written upon a form and by a company (which meets with the approval of City) insuring City, its officers, agents, and employees against loss or liability which may arise during the work or which may result from any of the work herein required to be done, including all costs of defending any claim arising as result thereof. Minimum liability and property damage insurance shall be not less than $500,000 for all damages arising out of bodily injury to or death of one person and not less than $1,000,000 for all damages arising out of bodily injuries to or death of more than one person in any one occurrence; and not less than $500,000 for all damages and/or destruction of property in any one occurrence and not less than $750,000 for all damages and/or destruction of property during the policy period. Said policy shall be in favor of Subdivider or its contractors and of the City, its officers, agents, and employees and shall be maintained in full force and effect during the life of this Agreement, including extensions. Said policy shall state by its terms and by an endorsement that it shall not be canceled until City shall have had at least ninety (90) days' notice in writing of such cancellation. The Subdivider hereby releases and agrees to defend, indemnify and hold the City harmless from and against any and all injuries to and deaths of persons and injuries to property, and all claims, demands, costs, loss, damage and liability, howsoever the same maybe caused and whensoever the same may appear, resulting directly or indirectly from the performance or nonperformance of any or all work to be done in and upon the subject - 11 - property and the premises adjacent thereto pursuant to this Agreement, and also from any and all injuries to and deaths of persons and injuries to property or other interests and all claims, demands, costs, loss, damage, and liability, howsoever the same maybe caused and whensoever the same may appear, either directly or indirectly made or suffered by the Subdivider, the Subdivider's agents, employees, and subcontractors, while engaged in the performance of said work. 18. Liability of Subdivider: The Subdivider agrees that the use for any purpose and by any person of any and all of the streets, easements and improvements herein specified shall be at the sole and exclusive risk of the Subdivider at all times prior to final acceptance by the City of the completed street and other improvements thereon and therein; provided that acceptance by the City shall in no way eliminate or lessen any of the Subdivider's obligations or undertakings contained in this Agreement. The issuance of any occupancy permits (if granted) by the City for buildings located within said subdivision shall not be construed in any manner to constitute an acceptance and approval of any or all of the required improvements in said subdivision. 19. Subdivider's Expenses: The Subdivider shall pay these additional expenses: a. The Subdivider shall cause to be made and/or pay for soil tests made by a reputable Geotechnical consultant/firm to determine stability, gradation, bearing, and resistance value of soils within the subdivision from which to determine the nature and design of appropriate improvements. The Subdivider shall also pay for all compaction and related tests necessary to determine that all fill work and the utility trench backfill has been satisfactorily placed. b. All service (including plan check and inspection), impact and connection fees as established by City shall be paid for each lot in the subdivision in accordance with the City Code. C. All actual costs for, design, plan check, development process and . inspection incurred by the City in evaluating any proposed or agreed upon change in work. In no event shall Subdivider be entitled to additional inspections or final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including, without limitation, charges for applicable penalties and additional required inspections. -12- d. Subdivider shall compensate the City for all actual costs reasonably incurred in having its authorized representatives make the usual and customary engineering services beyond the specified "Time of Completion" referenced in paragraph 3 above. Said actual costs include: inspection of Works of Improvement, engineer design review, plan check and project development process. Subdivider agrees to pay the cost of said City services within forty-five (45) days of invoice date, or as determined by the City Engineer. 20. Relationship of Contractors: It is hereby mutually covenanted and agreed by the parties hereto that Subdivider's contractors are not agents of the City, and that the contractors' relations to City, if any, are those of independent contractors. 21. Certification of Satisfactory Completion: Upon the satisfactory completion of the Works of Improvement by the Subdivider, the City Engineer shall certify that the Works of Improvement have been satisfactorily completed. 22. Repairs or Reconstruction of Defective Work: If, within a period of one year after City Council acceptance of the improvement work performed under this Agreement, any of the improvements or work done under this Agreement fails to fulfill any of the requirements of this Agreement, or the specifications referred to herein, Subdivider shall without delay and without any cost to the City (upon receipt of written notice from the City), repair or replace or reconstruct any defective or otherwise Unsatisfactory part, or parts, of the work or structure. Should Subdivider fail to act promptly or in accordance with this requirement, or should the exigencies of the case require repairs or replacements to be made before Subdivider can be notified, City may, at its option, make the necessary repairs or replacements or perform the necessary work and Subdivider shall pay to City the actual cost of such repairs plus an amount equivalent to the current general City overhead costs. 23. Warranty: Without limiting the foregoing, Subdivider warrants and guarantees: materials used and workmanship performed on said work for a period of one (1) year after completion and acceptance thereof by the City, the setting of all required Final Map monuments and agrees to maintain all required landscaping in a vigorous and thriving condition for a period of twelve (12) ERIN months after completion and written acceptance thereof by the Director of Engineering and Building and by the Homeowner's Association. Only the warranty security for the landscape improvement shall be posted with the Homeowner's Association. All other security instruments shall be submitted to the City in accordance with Section 2 above. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law. 24. Default: 24.1 Remedies Not Exclusive: In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, such remedy shall be in addition to, and not exclusive of, City's right to pursue any other administrative, legal, or equitable remedy to which it may be entitled. 24.2 City Right to Perform Work: In addition to whatever other rights or remedies it may have for Subdivider's default hereunder, in the event Subdivider shall fail to timely perform any work required to be performed under this Agreement and such failure shall continue for a period of thirty (30) days after receipt of written notice of default from City, or thereafter Subdivider shall fail to diligently pursue the cure of any such default to completion, City shall have the right to enter into the Property and perform any of the uncompleted work by force account or contract or both and thereupon recover from Subdivider and the surety company, or both, the full cost and expense thereby incurred by City. 24.3 Attorney's Fees and Costs: In the event of any litigation arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney's fees and costs. Such attorney's fees and costs shall include fees and costs on any appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment. -14- 001 26. 27 Notice of Completion: Upon approval of the Works of Improvement by the City Engineer and acceptance by the City Council, the Subdivider shall file with the Orange County Recorder a Notice of Completion of the improvements herein specified. Filing of Improvement Plans: Upon completion of the job and prior to final acceptance of the Works of Improvement by the City, the Subdivider shall submit to the City Engineerfor review and approval, one Mylar (4 mils) set of "record" drawings as well as digital copies of all improvement plans in accordance with the latest edition of the "City of San Juan Capistrano Digital Submission Standards". These drawings shall be certified and shall reflect the job as actually constructed, with all changes incorporated therein. Assignment: This agreement shall not be assignable by Subdivider without written consent of City. -15- IN WITNESS WHEREOF, two (2) identical counterparts of this agreement, each of which shall for all purposes be deemed an original thereof, have been duly executed bythe Subdivider herein named on the--L5--th day ofr 2006, the name and corporate seal of each corporate party being hereto affix6d andthe e presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. SJD PARTNERS, LTD., A California Limited Partnership By: By: Name: Brure V. _ Con K (Attach Notary Acknowledgement) Attachment: Exhibit A -16- CITY OF SAN JUAN CAPISTRANO David M. Swerdlin, Mayor r.112r:615 Margaret R. Monahan, City Clerk APPROVED AS TO FORM: Q.- — Jo aw, City Attorney CALIFORNIA ALL - PURPOSE ACKNOWLEOGMENT State of California County of Orange On September 15, 2006 before me, Susan E. Morales/Notary Public NAME, TITLE OF OFFICER personally appeared Bruce Y. Cook NAME OF SIGNER(S) ® Personally known to me - or - ❑ Proved to me on the basis of satisfactory 'evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted. executed the instrument. WITNESS my hand and official seal. = (r nom-? 4. /7? d)� . (SIGNATURE OFNOTARY) 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 ❑ INDIVIDUAL/OWNER ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ MANAGING MEMBER ® GENERAL COUNSEL ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SJD Partners, Ltd DESCRIPTION OF ATTACHED DOCUMENT Subdivision Agreement -Tract #16752 TITLE OR TYPE OF DOCUMENT 16 NUMBER OF PAGES 09/15/06 DATE OF DOCUMENT SUBDIVISION IMPROVEMENT AGREEMENT - TRACT 16752 EXHIBIT "A" WORKS OF IMPROVEMENT Type of Improvements: Estimated Construction Cost Or Bond Amount Grading Processed through BLDG. Division Erosion and Silt Control Processed through BLDG. Division Off-site Circulation Obligations Bonds were processed separately Street and Related appurtenances $ 710,192 Storm Drain $ 476,943 Sanitary Sewer $ 364,676 Landscaping and Irrigation 1,898,601 Street Monuments $ 38,500 Water and related appurtenances $262,073 Exhibit A REQUESTED BY: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AND WHEN RECORDED, MAIL TO: Margaret R. Monahan, City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Exempt from Recording Fees: Gov Code 27383 & 6103 City of San Juan Capistrano Title of Document: I This Space for Recorder's Use Only SUBDIVISION IMPROVEMENT AGREEMENT FINAL TRACT MAP 15609 Recording Requested by and When Recorded Mail To: City of San Juan Capistrano Attention: City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Margaret R. Monahan, City Clerk City of San Juan Capistrano SUBDIVISION IMPROVEMENT AGREEMENT SUBJECT: FINAL TRACT MAP 15609 THIS AGREEMENT is made this _day of 2006, between the CITY OF SAN JUAN CAPISTRANO, a municipal corporation, State of California, hereinafter referred to as "City" and SJD PARTNERS, LTD., a`California limited partnership, whose mailing address is 1250 Corona Pointe Court, Suite 210, Corona CA 92879, hereinafter referred to as "Subdivider": WHEREAS, the tentative map application was conditionally approved by Resolution No 92-6-16-4; and, WHEREAS, Subdivider is the owner of that certain parcel of land situated in the City of San Juan Capistrano, Orange County, generally described as Vested Tentative Tract Maps 14196 and 15609 and Subdivider proposes to do and perform certain work of improvement thereon as hereinafter set forth; and WHEREAS, City desires to assure that said proposed improvements will be done in a good workmanlike manner and in accordance with the laws now in force and effect in the City of San Juan Capistrano, California, the terms and conditions of which are incorporated herein by reference; and WHEREAS, Subdivider declares that he is familiar with the pertinent regulations contained in the City Code and in the Subdivision Map Act (Government Code Sections 66410 to 66500) and agrees to comply therewith; and WHEREAS, a Final Map of said subdivision prepared in accordance with the City's Subdivision Ordinance, has been filed by Subdivider with City for approval by the City Council. NOW THEREFORE, in consideration of the approval and acceptance by the City Council of City of said Final Map and the acceptance of easements therein offered for - 1 - ATTACHMENT dedication for street and other public purposes and the covenants herein contained, the parties hereto mutually covenant and agree as follows: General Requirements: Subdivider shall comply with all the requirements specified in the "AMENDMENTTO IMPROVEMENTAND REIMBURSEMENTAGREEMENT (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)" dated November 15, 2005, the WATER FACILITIES AGREEMENT — SUNCAL PROPERTIES, dated September 2, 2003 and its subsequent amendment dated March 16, 2004, the conditions of approval set fort in City Council Resolution No. 92-6-16-4 (for Tentative Tract Map 14196) and all applicable conditions of approval set fort in City Council Resolution No. 03- 09-16-06 (for Tentative Tract Map 15609) and shall, at his own cost and expense, provide all required tests, design work, equipment, materials and labor in order to complete all of the works of improvement (the "Works of Improvement"), set forth in Exhibit "A", to the satisfaction of the City Engineer. Such work of improvement shall include but not be limited to the undergrounding of the overhead utilities; the placement of curb markers at all proposed street catch basin inlet structures in accordance with the National Pollution Discharge Elimination System (NPDES) requirement and the construction of all required off-site infra -structure and circulation improvements to the satisfaction of the City Engineer. 1.1 Fair -Share Circulation Improvement Participation. Prior to the issuance of the first (15) building permit, other than model homes, the applicant shall financially contribute for the project's fair share traffic generation for the existing La Novia Avenue Improvement, from Valle Road to 2500 feet east, as well as any improvements not included in the Capistrano Circulation Fee Program (CCFP), as identified in the approved Environmental Impact Report (EIR) traffic impact analysis. This financial participation shall be in addition to paying CUP fees. The applicant's financial participation shall include right-of-way acquisition, design, and construction including, but not limited to, grading, streets, sidewalks, landscaping, retaining walls, drainage structures, utility relocation, and traffic signal improvements in accordance with the City's Master Plan of Streets and Highways. Additionally, prior to the issuance of the first (1st) building permit, other than model homes, the applicant shall financially contribute for the project's fair share traffic generation on the following improvements. The final cost estimate shall be reviewed and determined by the City Engineer: Orteoa Hiohwav & 1-5 Southbound RaMDS Improvements: Construct an additional southbound right -tum lane and re -stripe existing center lane to a left/thru lane. Fair share: 7.3% -2- Ortega Highway & 1-5 Northbound Ramps: Improvements: Construct westbound free right turn lane Fair share: 0.8% 1.2 Off -Site Circulation Improvement Construction. Prior to the issuance of the 15 Certificate of Occupancy, the applicant shall design and construct the off- site improvement listed below to its ultimate standard configurations in accordance with the City's Master Plan of Streets and Highways and to the satisfaction the City Engineer. All easements, right-of-way acquisitions, dedications and permits needed from any agency to accommodate said improvement shall be obtained by the applicant, with City's assistance. Any deferral in the timing of this condition, due to unforeseen delays, shall be subject to review and approval by the City Engineer. Camino Las Ramblas & Via Califomia: Improvements: Install a traffic signal and construct a separate southbound right -turn lane. 1.3 Construction of Avenida California. Prior to issuance of the 151 st Residential Building Permit within Vesting Tentative Tract Maps 14196 and/or 15609, the applicant shall complete, to the satisfaction of the City Engineer, the construction of Avenida California Street, from the extension of Via California, all the way to its intersection with Valle Road. For any phases of development prior to issuance of the 1515 Residential Building Permit any section of Avenida California Street leading to a developed subdivision phase, within Tentative Tract Map 15609 and/or 14196, shall be completed from Via California to that phase, priorto issuance of the first building permit of such phase. Any deviation shall be subject to review and approval by the City Engineer. 1.4 Off -Site Circulation Improvement Construction. Prior to the completion of Avenida California, or the issuance of the 1515 Building Permit, whichever comes first, the applicant shall design and construct the off-site improvements listed below to their ultimate standard configurations in accordance with the City's Master Plan of Streets and Highways and to the satisfaction the City Engineer. All easements, right-of-way acquisitions, dedications and permits needed from any agency to accommodate said improvements listed below shall be obtained by the applicant, with City's assistance. Any deferral in the timing of this condition, due to unforeseen delays caused by the City or outside regulatory agencies, shall be subject to review and approval by the City Engineer. Valle Road & San Juan Creek Road. Improvements: Construct a northbound left -turn lane -3- La Novia Avenue & Valle Road/1-5 Northbound Ramps: Improvements: Realign La Novia Avenue and the 1-5 NB Ramps and install a traffic signal. Valle Road from San Juan Creek Road to La Novia Avenue: Improvements: Widen to a two-lane divided roadway. 2. Securit : A. Subdivider shall, at all times beginning with the execution of this agreement, guarantee Subdivider's performance of this agreement by providing City with the following security instruments (the "Security Instruments"), as required by the State Subdivision Map Act, on forms approved by City for the purposes and in the amounts as follows: (i) A Faithful Performance Bond to ensure faithful performance of this agreement in regard to said improvements in the amount of 100% of the estimated cost of construction of the improvements (110% for water related improvements); and (ii) A Labor and Materials Bond to secure payment to any contractor, subcontractor, persons renting equipment or furnishing labor or materials for the improvements required to be constructed or installed pursuant to this agreement in the additional amount of 100% of the estimated cost of construction of the improvements (110% for water related improvements); and (iii) A Subdivision Monument Bond in the amount of 100% of the estimated cost of setting subdivision monuments as shown in Exhibit "A". B. In order to guarantee and warranty the Works of Improvement and h addition to the security instruments referenced in Paragraph 2(A) above, Subdivider shall provide to City the following Security Instruments: (i) Prior to the City's final acceptance of the Works of Improvement and recordation of a Notice of Completion, Subdivider shall provide to City a Warranty Bond for Works of Improvement warranting the accepted Works of Improvement for a period of one (1) year following said acceptance against any defective work or labor done or defective material furnished. The amount of such Warranty Bond for Works of Improvement shall be equal to twenty-five percent (25%) of the estimated construction cost set forth in Exhibit "A", or a suitable amount determined by the City Engineer. (ii) Prior to the Citys final acceptance of the landscape and irrigation Works of Improvement, Subdivider shall provide a f� Landscape and Irrigation Warranty Bond warranting the landscape and irrigation Works of Improvement for a period of (1) year following said acceptance against any defective work or labor done or defective material furnished for any reason other than improper maintenance. The amount of such Landscape and Irrigation Warranty Bond shall be equal to twenty percent (20%) of the landscape architect's estimated construction cost, or a suitable amount determined by the City Engineer. The Landscape and Irrigation Warranty Bond shall be held by the development's Homeowners' Association ("HOA). All Security Instruments required by this agreement, with the exception of the Landscape and Irrigation Warranty Bond, which is submitted to the development's HOA, shall be kept on file with the City Clerk. The terms of the Security Instruments required by this agreement are hereby incorporated in this agreement by reference. City shall, release the Faithful Performance Bond upon Subdivider's written request following acceptance by City of the Works of Improvement and Subdivider's delivery to City of the Warranty Bond for Works of Improvement. City shall release the Labor and Materials Bond upon Subdivider's written request and following acceptance by City of the Works of Improvement and after expiration of the time within which lien claims are required to be made pursuant to Article 3 (commencing with Section 3114) of Chapter 2 of Title 15 of Part 4 of Division Third of the California Civil Code. If lien claims have been timely filed, City shall hold the Labor and Materials Bond until (a) such claims have been resolved, (b) Subdivider has provided a statutory bond, or otherwise as required by applicable law. City Engineer shall release the Warranty Bond for Works of Improvement upon Subdivider's written request following the expiration of the warranty period, provided no claims are outstanding at that time regarding defective work. The release of the Landscape and Irrigation Warranty Bond held by the HOA will be determined by a separate agreement between the developer and the HOA. 2.1 Form of Security Instruments. All Security Instruments shall meetthe following minimum requirements and otherwise shall be in a form acceptable to the City Attorney: (i) Any insurance company acting as surety shall have a minimum rating of A -IX, as rated by the current edition of Best's Key -5- Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858; any bank acting as surety shall have a minimum rating of AA, as rated by Moodys or Standard & Poor's; (ii) Payments under the Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the County of Orange, State of California; (iii) Each of the Security Instruments shall have a minimum term of one (1) year after the deadline for Subdivider's completing the Works of Improvement, in accordance with paragraph 3 herein; (iv) The Security Instruments shall reference Subdivider's obligations under this Agreement, shall be irrevocable, and shall include as an additional obligation secured the responsibility to compensate City for all of the City's attorneys' fees and litigation expenses reasonably incurred enforcing its rights under the Security Instruments. 3. Time of Completion: All of the Works of Improvement shall be completed within twenty-four (24) months from the effective date of this Agreement. The time for completion may be extended by the City Engineer, in writing, for good cause shown by the Subdivider. Subdivider shall compensate the City for all costs reasonably incurred in having its authorized representatives perform the usual and customary engineering services during said extension as specified in Paragraph 19 below. In the event that Subdivider fails to complete the Works of Improvement within said period or any approved extension, the City may complete said work and shall be entitled to recover the full cost and expenses thereof from Subdivider, or his surety as herein provided. The City may require Subdivider, or his surety, to pay the City in advance, sufficient monies to cover the City's cost in completing construction of said Works of Improvement. 3.1 Force Majeure: Notwithstanding the provisions of paragraph 3 herein, Subdivider's time for completion of.the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikes, lockouts, acts or failures to act of a public agency (including City), required changes to the Scope of Work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than thirty (30) days prior to City's receipt of a written notice -6- from Subdivider or its contractor detailing the grounds for Subdivider's claim to a right to extend its time for performance hereunder. 3.2 Continuous Work: After commencement of construction of the Works of Improvement (or separable portion thereof), Subdivider shall cause such work to be diligently pursued to completion, and shall not abandon the work for a consecutive period of more than thirty (30) days, events of force majeure excepted. 3.3 Reversion to Acreage: In addition to whatever other rights City may have due to Subdivider's failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the rightto revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Sections 66499.11-66499.20- 3/4. In this regard, Subdivider agrees that if none of the Works of Improvement referenced herein have been made within the specified "Time of Completion" referenced in paragraph 3 above or within the time allowed herein, whichever is the later, and if City thereafter initiates proceedings to revert the Property to acreage, any improvements made by or on behalf of Subdivider after the date City initiates such action shall not be considered in determining City's authority to revert the Property to acreage. 4. Effective Date of Agreement: This Agreement shall not become effective unless and until the subdivision map has been approved by the City Council and also accepted for recordation by the County Recorder of the County of Orange. 5. Utility Deposits - Statement: Prior to the commencement of any work to be performed within the area delineated on the Final Map, the Subdivider must file a written statement with the City Clerk and City Engineer, signed by the Subdivider, to the effect that Subdivider has made all deposits legally required by such public utility corporation for the connection of any and all public utilities to be supplied by such public utility corporation within the subdivision. 6. Permits - Compliance with Law: Subdivider shall, at Subdivider's expense, obtain all necessary permits and licenses for the construction of required improvements, give all necessary notices and pay all fees and taxes required by law. -7- 7. Definitions and Ownership of Improvements: The term "improvements" means: grading, paving, curbs and gutters, pathways, storm drains, sanitary sewers, domestic and non-domestic water, utilities, such as electric, telephone and cable N, conduits, gas lines, drainage facilities, traffic controls, landscaping and irrigation, street lights, and all other required facilities as shown in detail upon plans, profiles and specifications which have been prepared or are now in final preparation by engineers acting for Subdivider subject to approval by the City Engineer. No work on said improvements shall be commenced until plans and profiles therefore have been submitted to, approved and permitted by the City Engineer. All required public improvements constructed or installed pursuant to this Agreement shall become the sole exclusive property of the City, without payment therefore, upon acceptance of said improvements by the City Council. 8. Obligations of Subdivider: Notwithstanding the fact that Subdivider's plans and specifications, completion of the work, and other acts are subject to approval of the City, it is understood and agreed that any approval by the City thereof shall in no way relieve Subdivider of satisfactorily performing said work or the related obligations hereunder. The construction shall be done strictly in accordance with the plans and specifications including supplementals and revisions prepared by Subdivider or its registered engineer, and as approved by the City as being consistent with the City Code and Standards. Subdivider warrants that its plans and specifications conform as a minimum to said codes and standards and that they are adequate to accomplish the work in a good workmanlike manner and in accordance with responsible construction practices. In addition to the foregoing, Subdivider shall satisfy all the conditions of approval set forth on the City approved tentative map for the Property. Subdivider shall also perform all work and furnish all materials necessary, in the opinion of the City Engineer and on his order, to complete the Works of Improvement in accordance with the plans and specifications on file as hereinbefore specified, or with any changes required or ordered by said Engineer which, in his opinion, are necessary or required to complete this work. 9. Intent of Plans and Specifications The intent of the plans and specifications referenced above is to prescribe a complete work of improvement, which Subdivider shall perform, or cause to be performed in a manner acceptable to the City Engineer (or designee) and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility, even though the plans and specifications may not specifically call out all items of work required for the contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made of information necessary to carry out the full intent and meaning of the plans and specifications, Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the plans, specifications, or related documents, reference shall be made to the City Engineer whose decision thereon shall be final. 10. Superintendence by Subdivider: Subdivider shall give personal superintendence to the Works of Improvement, or have a competent foreman or superintendent, satisfactory to the City Engineer, on the work at all times during progress, with authority to act for Subdivider. In the event the Subdivider is not exercising satisfactory superintendence, the City Engineer may order suspension of all work within the subdivision until the deficiency is adequately corrected. 11. Repair and Replacements: Subdivider shall replace, or have replaced, or repair, or have repaired, as the case may be, or pay to the owner the entire cost of replacement or repairs, for all survey monuments or for any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City or by any public or private corporation, or by any person whomsoever or by combination of such owners. Any such repair or replacement shall be completed in a reasonable manner and subject to the approval of the City Engineer and affected property owner. 12. Inspection by City: Subdivider shall at all times maintain proper facilities and provide safe access for inspection by City to all parts of the work and to the shops where the work is in preparation. The Subdivider shall pay the cost of inspections. City's inspector shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement. The inspection of the work by City shall not relieve Subdivider or the contractor of any obligations to fulfill this Agreement as herein provided; unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted. No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by City is made. Final acceptance shall not constitute a waiver by City of defective work subsequently discovered. The date on which the Works of Improvement will be considered as complete shall be that date on which the City Council accepts the improvements and authorizes the City Clerk to file a Notice of Completion with respect thereto. 13. Authority of the City Engineer: All required improvements shall be constructed under the inspection of and subject to approval of the City Engineer. Therefore, it is mutually agreed by the parties hereto that the City Engineer shall have the right to reject any or all of the work to be performed under this contract if such work does not conform with City Codes and Standards and the plans and specifications mentioned herein, including subsequent revisions that may have been previously overlooked during the plan review process. Any damage to the improvements (existing or new) that occurs during or after installation of work performed under this Agreement shall be repaired or replaced, by the Subdivider, to the satisfaction of the City Engineer before the final acceptance of completed work and release of security. In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to make a final decision in regard to all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and Subdivider's contractor. 14. Changes in the Work: The City Engineer, without invalidating this Agreement and without notification to any of the sureties referenced in paragraph 2, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer to accomplish the purposes of this Agreement and to protect the public health, safety, and welfare. It is mutually understood that it is inherent in the nature of the work contemplated by this Agreement that some changes in the plans and specifications and related documents may be necessary during the course of construction to adjust them to field conditions and to assure the protection of the public health, safety, and welfare. The City Engineer shall notify Subdivider or Subdivider's contractor in writing (by Correction Notice) at the time a determination has been made to require changes in the Works of Improvement. No field changes performed or proposed by Subdivider or its contractor shall be binding on City unless approved in writing by the City Engineer. -10- 15. No Warranty by City: The plans and specifications and related documents for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation or warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the plans or specifications or related documents. 16. Liability for Performance, Injury or Damage: Neither the City nor any of its officers or agents shall be liable to Subdivider or its contractors for any error or omission arising out of or in connection with any work to be performed under this contract. Additionally, the City shall not be liable to the Subdivider or to any other person, firm, or corporation whatsoever, for any injury or damage that may result to any person or property by or from any cause whatsoever in, on, or about the subdivision of said land covered by this Agreement, or any part thereof. 17. Indemnifications and Release: Prior to the commencement of any work pursuant to this contract, Subdivider's contractors shall furnish to City satisfactory evidence of an insurance policy written upon a form and by a company (which meets with the approval of City) insuring City, its officers, agents, and employees against loss or liability which may arise during the work or which may result from any of the work herein required to be done, including all costs of defending any claim arising as result thereof. Minimum liability and property damage insurance shall be not less than $500,000 for all damages arising out of bodily injury to or death of one person and not less than $1,000,000 for all damages arising out of bodily injuries to or death of more than one person in any one occurrence; and not less than $500,000 for all damages and/or destruction of property in any one occurrence and not less than $750,000 for all damages and/or destruction of property during the policy period. Said policy shall be in favor of Subdivider or its contractors and of the City, its officers, agents, and employees and shall be maintained in full force and effect during the life of this Agreement, including extensions. Said policy shall state by its terms and by an endorsement that it shall not be canceled until City shall have had at least ninety (90) days' notice in writing of such cancellation. The Subdivider hereby releases and agrees to defend, indemnify and hold the City harmless from and against any and all injuries to and deaths of persons and injuries to property, and all claims, demands, costs, loss, damage and liability, howsoever the same may be caused and whensoever the same may appear, resulting directly or indirectly from the performance or nonperformance of any or all work to be done in and upon the subject - 11 - property and the premises adjacent thereto pursuant to this Agreement, and also from any and all injuries to and deaths of persons and injuries to property or other interests and all claims, demands, costs, loss, damage, and liability, howsoever the same may be caused and whensoever the same may appear, either directly or indirectly made or suffered by the Subdivider, the Subdivider's agents, employees, and subcontractors, while engaged in the performance of said work. 18. Liability of Subdivider: The Subdivider agrees that the use for any purpose and by any person of any and all of the streets, easements and improvements herein specified shall be at the sole and exclusive risk of the Subdivider at all times prior to final acceptance by the City of the completed street and other improvements thereon and therein; provided that acceptance by the City shall in no way eliminate or lessen any of the Subdividers obligations or undertakings contained in this Agreement. The issuance of any occupancy permits (if granted) by the City for buildings located within said subdivision shall not be construed in any planner to constitute an acceptance and approval of any or all of the required improvements in said subdivision. 19. Subdividers Expenses: The Subdivider shall pay these additional expenses: a. The Subdivider shall cause to be made and/or pay for -soil tests made by a reputable Geotechnical consultant/firm to determine stability, gradation, bearing, and resistance value of soils within the subdivision from which to determine the nature and design of appropriate improvements. The Subdivider shall also pay for all compaction and related tests necessary to determine that all fill work and the utility trench backfill has been satisfactorily placed. b. All service (including plan check and inspection), impact and connection fees as established by City shall be paid for each lot in the subdivision in accordance with the City Code. G. All actual costs for, design, plan check, development process and inspection incurred by the City in evaluating any proposed or agreed upon change in work. In no event shall Subdivider be entitled to additional inspections or final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including, without limitation, charges forapplicable penalties and additional required inspections. svz d. Subdivider shall compensate the City for all actual costs reasonably incurred in having its authorized representatives make the usual and customary engineering services beyond the specified "Time of Completion" referenced in paragraph 3 above. Said actual costs include: inspection of Works of Improvement, engineer design review, plan check and project development process. Subdivider agrees to pay the cost of said City services within forty-five (45) days of invoice date, or as determined by the City Engineer. 20. Relationship of Contractors: It is hereby mutually covenanted and agreed by the parties hereto that Subdivider's contractors are not agents of the City, and that the contractors' relations to City, if any, are those of independent contractors. 21. Certification of Satisfactory Completion: Upon the satisfactory completion of the Works of Improvement by the Subdivider, the City Engineer shall certify that the Works of Improvement have been satisfactorily completed. 22. Repairs or Reconstruction of Defective Work: If, within a period of one year after City Council acceptance of the improvement work performed under this Agreement, any of the improvements or work done under this Agreement fails to fulfill any of the requirements of this Agreement, or the specifications referred to herein, Subdivider shall without delay and without any cost to the City (upon receipt of written notice from the City), repair or replace or reconstruct any defective or otherwise Unsatisfactory part, or parts, of the work or structure. Should Subdivider fail to act promptly or in accordance with this requirement, or should the exigencies of the case require repairs or replacements to be made before Subdivider can be notified, City may, at its option, make the necessary repairs or replacements or perform the necessary work and Subdivider shall pay to City the actual cost of such repairs plus an amount equivalent to the current general City overhead costs. 23. Warranty: Without limiting the foregoing, Subdivider warrants and guarantees: materials used and workmanship performed on said work for a period of one (1) year after completion and acceptance thereof by the City, the setting of all required Final Map monuments and agrees to maintain all required landscaping in a vigorous and thriving condition for a period of twelve (12) -13- months after completion and written acceptance thereof by the Director of Engineering and Building and by the Homeowner's Association. Only the warranty security for the landscape improvement shall be posted with the Homeowner's Association. All other security instruments shall be submitted to the City in accordance with Section 2 above. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law. 24. Default: 24.1 Remedies Not Exclusive: In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, such remedy shall be in addition to, and not exclusive of, City's right to pursue any other administrative, legal, or equitable remedyto which it may be entitled. 24.2 City Right to Perform Work: In addition to whatever other rights or remedies it may have for Subdivider's default hereunder, in the event Subdivider shall fail to timely perform any work required to be performed under this Agreement and such failure shall continue for a period of thirty (30) days after receipt of written notice of default from City, or thereafter Subdivider shall fail to diligently pursue the cure of any such default to completion, City shall have the right to enter into the Property and perform any of the uncompleted work by force account or contract or both and thereupon recover from Subdivider and the surety company, or both, the full cost and expense thereby incurred by City. 24.3 Attorney's Fees and Costs: In the event of any litigation arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney's fees and costs. Such attorney's fees and costs shall include fees and costs on any appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment. -14- 25. Notice of Completion: Upon approval of the Works of Improvement by the City Engineer and acceptance by the City Council, the Subdivider shall file with the Orange County Recorder a Notice of Completion of the improvements herein specified. 26. Filinq of Improvement Plans: Upon completion of the job and prior to final acceptance of the Works of Improvement bythe City, the Subdividershall submit to the City Engineerfor review and approval, one Mylar (4 mils) set of "record" drawings as well as digital copies of all improvement plans in accordance with the latest edition of the "City of San Juan Capistrano Digital Submission Standards". These drawings shall be certified and shall reflect the job as actually constructed, with all changes incorporated therein. 27. Assignment: This agreement shall not be assignable by Subdivider without written consent of City. MUM IN WITNESS WHEREOF, two (2) identical counterparts of this agreement, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Subdivider herein named on the__L5_th day of 2006, the name and corporate seal of each corporate party being hereto affixe and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. SJD PARTNERS, LTD., A California Limited Partnership By: o By: Name: Bruce V. Cool< Its: G enerc,l Counsel 1-3 (Attach Notary Acknowledgement) Attachment: Exhibit A -16- CITY OF SAN JUAN CAPISTRANO David M. Swerdlin, Mayor ATTEST: Margaret R. Monahan, City Clerk APPROVED AS TO FORM: Johj Shaw, City Attorney CALIFORNIA ALL PURPOSE, ACKNOWLEDGMENT State of California County of Orange On September 15, 2006 before me, Susan E. Morales/Notary Public NAME, TITLE OF OFFICER personally appeared Brucey Cook NAME OF SIGNER(S) ® Personally known to me - or - ❑ lip Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (SIGNATURE OFNOTAR1) 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 ❑ INDIVIDUAL/OWNER ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ MANAGING MEMBER ® GENERAL COUNSEL SIGNER IS REPRESENTING: NAME OF PERSON(5) OR ENTITY(IES) SJD Partners, Ltd. DESCRIPTION OF ATTACHED DOCUMENT Subdivision Agreement - Tract #15609 TITLE OR TYPE OF DOCUMENT 16 NUMBER OF PAGES 09/15/06 DATE OF DOCUMENT SUBDIVISION IMPROVEMENT AGREEMENT - TRACT 15609 EX141BIT "A" WORKS OF IMPROVEMENT Type of Improvements: Grading Erosion and Silt Control Off-site Circulation Obligations Street and Related appurtenances Storm Drain Sanitary Sewer Landscaping and Irrigation Street Monuments Water and related appurtenances Exhibit A Estimated Construction Cost Or Bond Amount Processed through BLDG. Division Processed through BLDG. Division Bonds were processed separately $ 319,287 $ 343,468 $378,797 $ 678,850 $ 15,500 $114,291 cC iii .uizs -•x_� �c L f �/�/� W � M1v e 1 W 6 l tE ZZZ On 0 n _ e R Vpte V Vp♦p Lr) t ♦ Al vE �$ W p� 1 a Cn p z ci 40 oc.. �♦ h - 1 VeS 'gyp 1e 'I h h'I' Rb M - J Otey hb 1L' � � 1M1 V i J ♦ Ry ry 1 h9 pti 1 � t4 4 1 P 1e \ 9 ti R M1 9 r \ pl b1 O \b 0 E 6 R Sl b R1 f N pt y n� R" 9 M1 ♦'1" ♦' 1 Qi S 1 i ®d 6`i ry � u � 9' R r Sp ii . O \M1 yb`♦\b JB �nZ, yb 1h T Otf SSM1, • �110M1�' U Rp � \O M1>' ♦ } • OM1 M11R' \M1`'♦ v 19 R} �♦ 9 S R 0 9 c. S y. � �•h <Ot p r '1e S 1 6 ♦� pt y ♦ L 0 V ' AIS LOTcc pt e1 ' t r� P �`* . ATTACHMENT 5 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX www.sanjuancapistrano.org MEMBERS OF THE CITY COUNCIL NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL SAM ALLEVATO DIANE BATHGATE WYATf HART JOE SOTO DAVID M. SWERDUN The City Council of San Juan Capistrano will meet at 7:00 p.m. on October 17, 2006 in the City Council Chamber in City Hall, to consider: "Consideration of Approval of Final Maps and Subdivision Improvement Agreements for Tracts 16747, 16751, 16752 and 15609 Pacifica San Juan (SJD PARTNERS, LTD.)." — Item No. D5. 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, October 16, 2006 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 Nasser Abbaszadeh, Director of Engineering and Building. You may contact that staff member at (949) 949-443-6398 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. *, Hunsaker and Associates *; Nasser Abbaszadeh, Director of Engineering and Building * Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future 1 Printed oo 100%. Recycled Paper 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 4931171 (949) 493-1053 FAX wwwsanjuancaptstrano. org October 19, 2006 NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO MEMBERS OF THE CIT' COUNCIL SAM ALLEVATO DIANE BATHGATE W VATT HART JOE SOTO DAVID M. SWERDLIN On October 17, 2006, the City Council of San Juan Capistrano met regarding: "Consideration of Approval of Final Maps and Subdivision Improvement Agreements for Tracts 16747, 16751, 16752 and 15609 Pacifica San Juan (SJD PARTNERS, LTD.)." Item No. D5. The following action was taken at the meeting: Final Tract Maps No. 16747, 16751, 16752 and 15609 approved as they conform to the requirements set forth in the Subdivision Map Act and the conditions of approval for Vesting Tentative Tract Maps 14196 and 15609; the City Engineer and the City Clerk authorized to execute the final maps; the Mayor and City Clerk authorized to execute the corresponding Subdivision Improvement Agreements and accept the corresponding securities; and the City Clerk directed to forward the Maps and corresponding Improvement Agreements to the County Recorder. The following documents are in the process of being executed: n/a If you have any questions regarding this action, please contact Nasser Abbaszadeh, Director of Engineering and Building at 949-443-6398 for more detailed information. Thank you, Meg Monahan, CMC City Clerk Cc: SJD PARTNERS, LTD. *, Hunsaker and Associates *; Nasser Abbaszadeh, Director of Engineering and Building San Juan Capistrano: Preserving the Past to Enhance the Future i PrirWd on 100% Recycled Paper �It25T �o'i1G� CITY CLERK'S DEPARTMENT -ACTION REMINDER to1z`U'� TO: Nasser Abbaszadeh, Director of Building & Engineering FROM: Christy Swanson, Secretary DATE: October 1, 2008 SITUATION: At their meeting on October 17, 2006 the City Council of the City of San Juan Capistrano approved an four (4) Subdivision Improvement Agreements with SJD Partners, Ltd to provide services for tracts 15609, 16747, 16751 & 16752. ACTION REQUESTED: Said Agreement states services shall be completed within 24 months of signed agreement. Please notify this office if agreement has been extended or completed. ACTION TO BE TAKEN: • DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: /.�/ zlo9 SIGNATURE OF OFFICIAL TAKING ACTION: C!!5614 DATE SIGNED: ,/%G_ % 0 Tickler Date: 10/01/08 Deadline Date: 10/31/08 (600.30/sjdpartners) • ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** TOM���� PROPERTY RECORDS BIRTH AND DEATH RECORDS CLERK -RECORDER MARRIAGE LICENSES/RECORDS PASSPORTS FICTITIOUS BUSINESS NAMES NOTARY REGISTRATION ECEIVED ORANGE COUNTY ARCHIVES 1888 �bmTtecy kgje SAH JUyANCAPIt"' STRANO March 31, 2008 SAN JUAN CAPISTRANO CY 32400 PASEO ADELANTO SANJUAN CAPISTRANO, CA 92675 Please find enclosed a recent recording that may affect your property. As you may know, one of the services that the Orange County Clerk -Recorder provides is the examining and recording of all documents that deal with establishing ownership of real property in the county. The department also records other documents such as deeds of trust, releases and liens. As a courtesy, this letter is to inform you that a lien has been recorded in our office against your real property(ias). A copy of the recorded lien has been included for your reference. For your information, a lien is a claim placed against real or personal property for the satisfaction of some debt or duty. Please refer to the enclosed copy of the lien for more information concerning this matter. You may also wish to contact an attorney for more details. Thank you. Document Number: 200800127396 Document Title: MECHANIC LIEN Claimant: ORANGE COAST MASONRY ACQUISITION CORP ARCHIVES. MARRIAGES, PASSPORT SERVICES ORANGE COUNTY SOUTH COUNTY BRANCH OFFICE OLD ORANGE COUNTY COURTHOUSE HALL OF FINANCE AND RECORDS LAGUNA HILLS CIVIC CENTER 211WEST SANTA ANA BOULEVARD 12 CIVIC CENTER PLAZA, ROOM 101 24031 EL TORO ROAD SANTA ANA, CALIFORNIA 92701 SANTA ANA, CALIFORNIA 92701 LAGUNA HILLS. CALIFORNIA 92653 (714)834.2500 • FAX (714)834-2675 • WWW.00 RECORD ER.COM ♦ WWW.00ARCHIVES.COM 0 RECORDING REQUESTED BY WHEN RECORDED MAIL TO Orange Coast Masonry Acquisition Corp 60114. Batavia Orange, CA 92868 Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder INININNNNINpINNIgNINNf gNINIINNMNIIININNIlNI�s.00 2008000127396 01:04pm 03/19/08 115 45 M09 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Mechanics' Lien (Claim of Lien) (To be recorded in the county recorder's office in the county in which the property is located.) NOTICE IS HEREBY GIVEN: That Orange Coast Masonry Acquisition Corp. as claimant claims a lien for labor, service, equipment, or materials under Section 3082 et Seq. of the Civil Code of the State of California, upon the premises hereinafter described, and upon every estate or interest in such structures, improvements and premises held by any party holding any estate therein. Said labor, service, equipment or materials were furnished for the construction of those certain buildings, improvements, or structures, now upon that certain parcel of land situated in the County of Grime State of California, said land described as follows: STREET ADDRESS: Tract # 16751, San Juan Capistrano, Californis LEGAL DESCRIPTION: Said lien is claimed for the following labor, services, equipment or materials: (describe labor, services, equipment, or materials in detail) Masonry Walls Amount due atter deducting all just credits and offsets ... S 113,810.00 The name of the person or company by whom claimant was employed or to whom claimant furnished labor, services, equipment, or materials is: SuuCal Companies, SID Partners LTD That SID Partners LTD A California Limited Partnership, 2392 Morse Ave., Irvine, CA 92614 City of San Juan Capistrano, 32400 Paseo Adelamo, San Juan Capistrano, CA 92675 is/are the reputed owner(s) of said building and/or premises, or some Date: 03/17/2008 Name of Claimant: Ora Todd Esseranacher, President VERIFICATION I, the undersigned state: I am the President of the claimant named in the foregoing mechanics' lien; I have read said claim ofmechanics' lien and know the contents thereo& and I certify that the sante is true ofmy o owledge. 1 certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is and correct. Executed on 03/17/2008 at Orange State of California Courtesy Notice March 31, 2008 SAN JUAN CAPISTRANO CY 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 Please find enclosed a recent recording that may affect your property. As you may know, one of the services that the Orange County Clerk -Recorder provides is the examining and recording of all documents that deal with establishing ownership of real property in the county. The department also records other documents such as deeds of trust, releases and liens. As a courtesy, this letter is to inform you that a lien has been recorded in our office against your real property(ies). A copy of the recorded lien has been included for your reference. For your information, a lien is a claim placed against real or personal property for the satisfaction of some debt or duty. Please refer to the enclosed copy of the lien for more information concerning this matter. You may also wish to contact an attorney for more details. Thank you. Document Number: 200800127392 Document Title: MECHANIC LIEN Claimant: ORANGE COAST MASONRY S ACQUISITION CORP ARCHIVES, MARRIAGES. PA55PORT SERVICES ORANGE COUNTY SOUTH COUNTY BRANCH OFFICE OLD ORANGE COUNTY COURTHOUSE HALL OF FINANCE AND RECORDS LAGUNA HILLS CIVIC CENTER 211WEST SANTA ANA BOULEVARD 12 CIVIC CENTER PLAZA, ROOM 101 24031 EL TORO ROAD SANTA ANA, CALIFORNIA 92701 SANTA ANA, CALIFORNIA 92701 LAGUNA HILLS, CALIFORNIA 92653 (714)8342500 • FAX(714)834-2675 • WWW.00RECONDER.COM • WWW.00ARCHIVES.COM TOM DALY • PROPERTY RECORDS BIRTH AND DEATH RECORDS CLERK -RECORDER MARRIAGE LICE NSESiRECORDS PASSPORTS FICTITIOUS BUSINESS NAMES NOTARY REGISTRATION ORANGE COUNTY ARCHIVES Courtesy Notice March 31, 2008 SAN JUAN CAPISTRANO CY 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 Please find enclosed a recent recording that may affect your property. As you may know, one of the services that the Orange County Clerk -Recorder provides is the examining and recording of all documents that deal with establishing ownership of real property in the county. The department also records other documents such as deeds of trust, releases and liens. As a courtesy, this letter is to inform you that a lien has been recorded in our office against your real property(ies). A copy of the recorded lien has been included for your reference. For your information, a lien is a claim placed against real or personal property for the satisfaction of some debt or duty. Please refer to the enclosed copy of the lien for more information concerning this matter. You may also wish to contact an attorney for more details. Thank you. Document Number: 200800127392 Document Title: MECHANIC LIEN Claimant: ORANGE COAST MASONRY S ACQUISITION CORP ARCHIVES, MARRIAGES. PA55PORT SERVICES ORANGE COUNTY SOUTH COUNTY BRANCH OFFICE OLD ORANGE COUNTY COURTHOUSE HALL OF FINANCE AND RECORDS LAGUNA HILLS CIVIC CENTER 211WEST SANTA ANA BOULEVARD 12 CIVIC CENTER PLAZA, ROOM 101 24031 EL TORO ROAD SANTA ANA, CALIFORNIA 92701 SANTA ANA, CALIFORNIA 92701 LAGUNA HILLS, CALIFORNIA 92653 (714)8342500 • FAX(714)834-2675 • WWW.00RECONDER.COM • WWW.00ARCHIVES.COM .. • RECORDING REQUESTED BY WHEN RECORDED MAIL TO Orange Coast Masonry Acquisition Corp 601 N. Batavia Orange, CA 92868 0 Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder I�BIWI���abl��a����IggIN���II�lMblqp�ls.ao 20080MI27392 01:04pm 03119108 115 45 M09 10.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 SPACEABOVE MS LINE FOR RECORDERS USE ONLY Mechanics' Lien ` (Claim of Lien) (To be recorded in the county recon ets office in the county in which the property is located.) NOTICE IS HEREBY GIVEN: That Orange Coast Masonry Acquisition Corp. as claimant claims a lien for labor, service, equipment, or materials under Section 3082 et Seq. of the Civil Code of the State of California, upon the premises hereinafter described, and upon every estate or interest in such structures, improvements and premises held by any party holding any estate therein. Said labor, service, equipment or materials were furnished for the construction of those certain buildings, improvements, or structures, now upon that certain parcel of land situated in the County of Orange State of California, said land described as follows: STREET ADDRESS: Tract #15609, San Juan Capistrano, California LEGAL DESCRIPTION: Said lien is claimed for the following labor, services, equipment or materials: (describe labor, services, equipment, or materials in detail) Masonry Walls Amount due after deducting all just credits and offsets ... $ 112 472.39 The name of the person or company by whom claimant was employed or to whom claimant furnished labor, services, equipment, or materials is: SunCal Companies, SJD Partners LTD That SJD Partners LTD A California Limited Partnership, 2392 Morse Ave., Irvine, CA 92614 City of San Juan Capistrano, 32400 Paseo Adelsnto, San Juan Capistrano, CA 92675 is/are the reputed owner(s) of said building and/or premises, or some interest therein Date: 03/17/2008 Name of Claimant: Orange Coast Masonry AcgmsWQPeorp Todd Essetmtacher, President VERIFICATION 1, the undersigned, state: I am the President of the claimant named m the foregoini I have read said claim of mechanics' lien and know the contents thereof, and I certify that the same is true ofmy I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing correct. Executed on 03/17/2005 , at Orange State of California Courtesy Notice March 31, 2008 SAN JUAN CAPISTRANO CY 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 Please find enclosed a recent recording that may affect your property. As you may know, one of the services that the Orange County Clerk -Recorder provides is the examining and recording of all documents that deal with establishing ownership of real property in the county. The department also records other documents such as deeds of trust, releases and liens. As a courtesy, this letter is to inform you that a lien has been recorded in our office against your real property(ies). A copy of the recorded lien has been included for your reference. For your information, a lien is a claim placed against real or personal property for the satisfaction of some debt or duty. Please refer to the enclosed copy of the lien for more information concerning this matter. You may also wish to contact an attorney for more details. Thank you. Document Number: 200800127394 Document Title: MECHANIC LIEN Claimant: ORANGE COAST MASONRY ACQUISITION CORP ARCHIVES, MARRIAGES, PASSPORT SERVICES ORANGE COUNTY SOUTH COUNTY BRANCH OFFICE OLD ORANGE COUNTY COURTHOUSE HALL OF FINANCE AND RECORDS LAGUNA HILLS CIVIC CENTER 211 WEST SANTA ANA BOULEVARD 12 CIVIC CENTER PLAZA, ROOM 101 24031 EL TORO ROAD SANTA ANA, CALIFORNIA 92701 SANTA ANA, CALIFORNIA 92701 LAGUNA HILLS, CALIFORNIA 92653 (714)874-2500 • FAX(714)834-2675 • WWW.00RECORDER.COM ♦ WWW.00ARCHIVES.COM TOM DALY• PROPERTY RECORDS BIRTH AND DEATH RECORDS CLERK -RECORDER MARRIAGE LICENSES/RECORDS PASSPORTS FICTITIOUS BUSINESS NAMES NOTARY REGISTRATION ORANGE COUNTY ARCHIVES Courtesy Notice March 31, 2008 SAN JUAN CAPISTRANO CY 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 Please find enclosed a recent recording that may affect your property. As you may know, one of the services that the Orange County Clerk -Recorder provides is the examining and recording of all documents that deal with establishing ownership of real property in the county. The department also records other documents such as deeds of trust, releases and liens. As a courtesy, this letter is to inform you that a lien has been recorded in our office against your real property(ies). A copy of the recorded lien has been included for your reference. For your information, a lien is a claim placed against real or personal property for the satisfaction of some debt or duty. Please refer to the enclosed copy of the lien for more information concerning this matter. You may also wish to contact an attorney for more details. Thank you. Document Number: 200800127394 Document Title: MECHANIC LIEN Claimant: ORANGE COAST MASONRY ACQUISITION CORP ARCHIVES, MARRIAGES, PASSPORT SERVICES ORANGE COUNTY SOUTH COUNTY BRANCH OFFICE OLD ORANGE COUNTY COURTHOUSE HALL OF FINANCE AND RECORDS LAGUNA HILLS CIVIC CENTER 211 WEST SANTA ANA BOULEVARD 12 CIVIC CENTER PLAZA, ROOM 101 24031 EL TORO ROAD SANTA ANA, CALIFORNIA 92701 SANTA ANA, CALIFORNIA 92701 LAGUNA HILLS, CALIFORNIA 92653 (714)874-2500 • FAX(714)834-2675 • WWW.00RECORDER.COM ♦ WWW.00ARCHIVES.COM RECORDING REQUESTED BY WHEN RECORDED MAIL TO Orange Coast Masonry Acquisition Corp_ 601 N. Batavia Orange, CA 92868 0 Recorded in Official Records. Orange County Tom Daly, Clerk -Recorder 1111111111111111 It 11111111111111111111111116.00 2008000127394 01:04pm 03119108 11 S 45 M09 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 SPACE ABOVE THIS UNEFOR RECORDERS USE ONLY Mechanics' Lien (Claim of Lien) (To be recorded in the county recorder's office in the county in which the property is located.) NOTICE IS HEREBY GIVEN: That Orange Coast Masonry Acquisition Corp. as claimant claims a lien for labor, service, equipment, or materials under Section 3082 et Seq. of the Civil Code of the State of California, upon the premises hereinafter described, and upon every estate or interest in such structures, improvements and premises held by any party holding any estate therein. Said labor, service, equipment or materials were furnished for the construction of those certain buildings, improvements, or structures, now upon that certain parcel of land situated in the County of Orange State of California, said land described as follows: STREETADDRESS: Tract #16747, San Juan Capistrano, California LEGAL DESCRIPTION: Said lien is claimed for the following labor, services, equipment or materials: (describe labor, services, equipment, or materials in detail) Masonry Walls Amount due after deducting all just credits and offsets...$ 4,387.60 The name of the person or company by whom claimant was employed or to whom claimant furnished labor, services, equipment, or materials is: SunCal Companies, SJD Partners LTD That SID Partners LTD A California Limited Partnership, 2392 Morse Ave., Irvine, CA 92614 n City of San Juan Capistrano, 32400 Paseo Adehmto, San Juan Capistrano, CA 92675 is/are the reputed owner(s) of said building and/or premises, or some Date: 03/17/2008 Name of Claimant: Ora Todd EsOenmacher, President VERIFICATION I, the undersigned, state: I am the President ofthe claimant named in the I have read said claim ofinechanics' lirn and know the contents thereof, and I certify that the same is t I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is Executed on 03/17/2008 , at Orange State of California f