1987-09815_MARBELLA DEVELOPMENT CO._Surety Agreement• 87 5078 Recording fees ei&pt due to Government Code 6103
w U lJ U Documentary Tra. Pr Tax - No Consideration
RECORDING REQUESTED BY AND
Mary Ann H over, City Clerk
WHEN RECORDED MAIL RETURN TO City of SanJuan Capistrano
City of San Juan Capistrano
32400 Paseo Adelanto EXEMPT
San Juan Capistrano, CA 92675 1 C13
THIS AGREEMENT is made by and between the CITY OF SAN JUAN
CAPISTRANO. a municipal corporation, hereinafter referred to as the "City" and The
Marbella Development Company, a California generate partnership referred to as
"Developer".
WITNESSETH
Whereas, City will issue Grading Permit No. 694G to Developer to construct
certain designated improvements, more particularly described in Exhibit "A" attached
and incorporated herein by reference, which said improvements constitute a portion of
that real property described as Tentative Tract Map No. 12954, at the location of 31102
Rancho Viejo Road, commonly referred to as Marbella Country Club.
Whereas, San Juan Capistrano Municipal Code 8-5.10(a) requires the posting of
financial security to secure the faithful performance and labor and materials for the
grading and installation of improvements connected with the issuance of grading permits;
NOW, THEREFORE, in consideration of the premises and promises hereinafter
contained, City and Developer agree as follows:
1. Developer's Improvements Obligations. Developer shall, at its sole cost and
expense, provide and furnish all labor, materials and equipment for the installation of
improvements set forth in Exhibit "A". The grading permit and precise grading plans,
tree removal and demolition plans and landscaping and irrigation plans which further
define the improvements in Exhibit "A" are on file in the office of the City's Building
Official, and all documents referenced in Exhibit "A" are incorporated herein by
reference.
2. Developer's Security • Developer shall provide a bond by a duly authorized
corporate surety, subject to the approval of the City's City Attorney, to secure
Developer's improvement obligations required under this agreement.
The amount of the bond shall be $8,208,655 for that work within Tract 12954
and described in Exhibit "A" not including channel improvements within Horno Creek.
The bond shall provide that the Surety shall pay attorney's fees incurred by the City in
enforcing the Surety Agreement and Surety Bond. A draft copy of the bond, as approved
by the City Attorney, is attached as Exhibit "C".
3. Completion of Improvements. To ensure the protection of the public safety,
health and welfare, Developer shall construct the improvements described in Items 1, 2,
3, and 4 in Exhibit "A" in accordance with the following schedule and conditions:
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY CALIFORNIA
.420 PM OCT 7'87
COUNTY
f
87-5650
(A) The grading for this project shall be in substantial conformance to the
grading concepts of Tentative Tract Map No. 12954 as approved by City
Council Resolution No. 87-6-2-8, attached as Exhibit "B", and in strict
conformance with the grading plans and related documents as described in
Exhibit "A" and Grading Permit No. 694G.
(B) The supervising civil engineer and soils engineer shall file biweekly progress
reports of all grading operations with the Building Official. An interim
compaction report, for that work completed at the time work is suspended
for the rainy season (see F below), shall be filed with the Building Official.
The format for this interim report shall conform to the grading code
requirements for Final Compaction Reports.
(C) A sequence plan of grading operations shall be approved by the Director of
Community Planning and Development prior to the issuance of any grading
permit for this project. Any variation or deviation in the sequence of
operations must be recommended, in writing, by the supervising civil and
soils engineers and approved by the Building Official prior to performing any
work related to the variation or deviation.
(D) A building construction phasing plan shall be submitted for review by
Development Services Division no later than December 1, 1987. Said plan
must be approved prior to issuance of any building permits for any structures
within the boundaries of this project.
(E) Grading operations described in Items 1 and 2 of Exhibit "A" shall commence
within fourteen (14) calendar days after issuance of Grading Permit No.
954G and no later than September 29, 1987, whichever comes first.
Winter grading will be conducted in strict accordance with the dynamic
erosion control plan submitted by the developer and approved by the City.
This erosion control plan reflects erosion mitigation measures for expected
grading conditions as the work progresses through the winter season, and
shall not be amended except with the permission of the Director.
In the event Developer does not wish to implement winter grading, or
permission for winter grading is rescinded, static erosion control plans
reflecting current conditions of grading shall be submitted to and approved
before cessation of work. The Developer shall complete the erosion control
work shown on the plans within five working days of the plans approval by
the Director. These plans shall include erosion control planting as required
by the Director.
(F) Grading operations suspended during the rainy season shall be resumed no
later than April 30, 1988.
(G) Installation of Final Erosion -Control Landscaping and Irrigation, as required
by City Council Resolution 87-6-2-8, Conditions of Approval, shall be
commenced within seven (7) calendar days after Rough Grade Certification
has been approved by the Development Services Administrator, or at any
time at the discretion of the Director of Community Planning and
Development.
87-565076
Street trees and non -erosion -control landscaping shall be installed in
accordance with City Council Resolution 87-6-2-8, Item No. 6.b.
(H) Except as specified in (F) above, suspension in excess of ten (10) working
days, of work authorized by Grading Permit 954G, including erosion -control
measures, landscaping and irrigation, shall constitute default of this
agreement.
(I) All work shall be performed in strict observance of the Hours of Operation
in accordance with San Juan Capistrano Municipal Code Sec. 8-5.11 attached
as Exhibit "D".
(J) All work described in Items 1, 2, 3, and 4 in Exhibit "A" for which Grading
Permit No. 954G is issued shall be completed no later than June 15, 1988 if
grading occurs during winter or August 15, 1988, if winter grading does not
occur during the winter.
(K) All trees which have been identified for preservation shall be protected in
place in accordance with Exhibit 11 of the CDP and City Council Resolution
87-6-2-8.
(L) Construction and grading equipment traffic shall take access from Rancho
Viejo Road via Junipero Serra and I-5 interchange only. No heavy equipment
traffic will be permitted on Ortega Highway. Developer shall provide all
traffic control measures as required for safe vehicular movement and shall
secure an encroachment (haul route) permit from Public Works prior to
issuance of the grading permit.
5. Developer Default. In the event Developer does not complete the required
improvements, including erosion -control measures landscaping and irrigation, within the
time required, or abandons the project site, or suspends work other than previously
prescribed, City shall have the right to immediately declare a default and to make
demand on the surety for performance.
6. Attorney's Fees. Developer agrees to pay City such sum as the court may
adjudge as reasonable for the legal services of an attorney representing City in an action
brought to enforce or interpret the obligations of this agreement, and such sum shall be
made a part of any judgment in such action against Developer if such action is
determined in favor of said City.
7. Developer's Work in Safe Condition. Developer shall perform all work in a
safe, workmanlike manner and shall take such precautions as may be necessary to warn
and protect the public from any dangerous condition caused by the construction of said
improvements.
8. Liability. Developer shall hold City, its officers and employees harmless
from any and all claims, demands, causes of action, liability or loss of any sort because
of, or arising out of, the acts or omissions of Developer, his contractor, subcontractors,
agents or employees in the performance of this agreement.
87-56*8
In Witness Whereof, the parties have executed this agreement as
of September 15 1987, at San Juan Capistrano, California.
Marbella vel pment Company City of S Juan Capistrano /
F3 By:
Fair ay Land ompany Anthony L land
on T. rown
Title: President Title: Mayor
Approved as to Form: Attest:
gjz4i��
Q 77i� _
�rcjhn ShawM Ann Hanover
/City Attorney ity Clerk
PARTNERSHIP ACKNOWLEDGMENT
State of California
SS.
County of Orange 1
1130 122
CORPORATE ACKNOWLEDGMENT
State of California
SS.
County of Orange 111111
OFFICIAL SEAL
CHERYL A JOHNSON
NOTARY PUBLIC- CALIFOR.NIA
OFANGc GOt.'NTY
My comm. expires NUY 11, 1989
g 75bV`B
NO. 203
On this the 10th day of September 19 87 , before me,
Alice M. Stump
the undersigned Notary Public, personally appeared
IV personally known to me
❑ proved tome on the basis of satisfactory evidence
to be the person(s) who executed the within instrument on behalf of the
partnership, and acknowledged to me that the partnership executed it.
WITNOS my haN and officiallseal.
NATIONAL NOTARY ASSOCIATION • 23012 Ventura SW. • P.O. Boz 4625 • Wwdlend Hills, CA 91364
NO. 202
On this the 15th day of September 1987 ,before me,
Cheryl A. Johnson
the undersigned Notary Public, personally appeared
Anthony L. Bland and Mary Ann Hanover
I personally known tome
❑ proved tome on the basis of satisfactory evidence
to be the person(s) who executed the within instrument as . 1
Mayor and City Clerk or on behalf.ofAhea4orp �aJ therein
moMpUr
named, and acknowledged to me that thecorpora on executed it.
WITNESS my hand and official seal.
1120122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura BNd. • P.O. Box 4625 • Woodland Hi%CA 91365-4625
EXHIBIT "A"
(Marbella Development Company)
4$7-565078
Item l: Construction of all on-site grading (cut, fill, and slope stabilization) operations
in accordance with Grading Permit 954G and the Developer's plans and
supporting documents as listed below:
(A) Mass Grading Plan Tract No. 12954, sheets 1 through 18 of 18, prepared by
The Keith Companies, and approved by the City for permit issuance.
(B) Sequence Grading Plan prepared by Developer and approved by the City
for permit issuance.
(C) Static Erosion Control Plan dated August 25, 1987, prepared by Developer.
(D) Dynamic Erosion Control Plans dated August 25, 1987, prepared by
Developer.
(£) Supporting Documents as follows:
1. Preliminary Geotechnical Investigation, prepared by Leighton and
Associates, dated January 28, 1987.
2. Mass Grading Hydrology prepared by The Keith Companies dated June
1987.
3. Storm Drain Hydraulics prepared by the Keith Companies dated June
3, 1987.
4. Geotechnical Investigation and Grading Plan Review Report prepared
by Leighton and Associates, Inc. dated June 19, 1987.
5. Dust control program as submitted by Developer and approved by City.
Item 2: Construction of all on-site improvements in accordance with Grading Permit
No. 954G and Developer's grading plans referenced in Item 1 above, including
but not limited to: retaining walls, terrace drains, down drains, subdrains, area
drainage systems and private storm drain systems not a part of Developer's
Improvement Plans filed with Public Works Department of the City for
Tentative Tract No. 12954.
Item 3: Construction of all erosion -control devices, including any erosion control
planting, in accordance Developer's Erosion -Control plans as approved by City.
Item 4: Construction and placement of on-site planting, both erosion -control
landscaping and permanent aesthetic landscaping in accordance with approved
plans (to be submitted to the Director of Community Planning and Development
prior to October 1, 1987) and City Council Resolution No. 87-6-2-8 Conditions
of Approval (see Exhibit "B").
Item 5: Construction and completion of an 18 hole championship golf course (including
temporary facilities for operation and maintenance of golf course) in
accordance with concept plans approved by Planning Commission August 25,
1987.
87-565078
• RESOLUTION NO. 87-6-Z-1
APPROVING TENTATIVE TRACT MAP 12954 (MARBELLA COUNTRY CLUB)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE
TRACT MAP 12954 (MARBELLA COUNTRY CLUB)
WHEREAS, the applicant, The Fairway Land Company, 33971 Selva Road.
Suite 200, Laguna Niguel, California, has submitted Tentative Tract Map 12954,
proposing to subdivide approximately 327 acres of land into 227 numbered lots and 4
lettered lots, located on Assessor's Parcels Nos. 124-211-28, 124-211-34, 650-111-07,
650-111-08, 630-111-09, 650-112,02, 650-112-03, 650-112-04, 650-131-23, 630-152-10,
650-161-03, 650-551-01, 650-552-01, 650-552-02, 650-541-02, 650-541-03, 650-541-04,
650-541-05; and,
WHEREAS, the City's Environmental Review Board has determined that the
proposed project will have a significant effect on the environment, has required the
preparation of an Environmental Impact Report, which report has been certified as final
by the City Council, and has otherwise carried out all requirements of the California
Environmental Quality Act; and,
WHEREAS, the City Planning Commission has forwarded the Tentative Tract
Map to the City Council recommending approval; and,
WHEREAS, a public hearing has been duly advertised in the Capistrano Valley
News and held to review and receive public testimony on the application; and,
WHEREAS, the City Council of the City of San Juan Capistrano finds and
determines as follows:
1. The proposed project, as conditioned, and its design and improvements
are consistent with the PC CDP 86-4 (Planned
Community/Comprehensive Development Plan) designation on the
General Plan Map and is otherwise consistent with all other Elements of
the General Plan.
2. The proposed project, as conditioned, conforms to all applicable
requirements of Title 9 of the City's Municipal Code (Land Use) and
Comprehensive Development Plan 86-4.
3. The project site as conditioned is physically suitable for the golf course
use and density of the proposed development.
4. The design and improvements of the proposed project will not cause
substantial environmental damage; nor will said design or improvements
avoidably injure wildlife or their habitat. Mitigation measures made to
the project design will ensure that any modifications to Homo Creek will
be reconstructed to resemble the natural creekbed and habitat.
3. The design or improvements of the proposed project will not cause
serious public health problems.
6. The design or improvements of the proposed project will not conflict
with easements acquired by the public at large for access through or use
of property within the proposed project.
EXHIBIT - B
• 8r.-518
7. The design or improvements of the proposed project will not interfere
with the maintenance or preservation of an historical site.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano, does hereby approve Tentative Tract Map 12954, subject to the
following conditions:
1. Home Warrant - The provisions of Chapter 8-6 of the Municipal Code
Home Warranty Ordinance) shall apply to any person, firm or
corporation selling or offering for sale within the project three or more
dwelling units -- not previously occupied for residential purposes --
during any twelve-month period.
2. CC&Rs - A set of conditions, covenants and restrictions (CC&Rs) shall
be prepared and recorded for the project. The CC&Rs shall include at a
minimum:
a. Provisions on the use and maintenance, by the homeowners
association, of recreation areas, other common areas, and slopes.
b. The prohibition of radio or television antennas projecting above any
roof eaves (pursuant to Section 9-3.609 of the Municipal Code).
The CC&Rs shall be approved by the City Attorney prior to approval of a
final map.
3. Grading Plan - The applicant shall submit a revised grading plan for the
entire tentative tract map. Said plan shall be reviewed by the
Architectural Board of Review for report and recommendation to the
Planning Commission. The Planning Commission upon receipt of said
report from the Architectural Board of Review shall consider and
approve the revised grading plan prior to approval of a final map for
recordation if found to be consistent with the following criteria:
a. The area designated SPD (Specific Plan Development) District by
CDP 86-4 shall only, be graded for that area necessary to
accommodate the third, seventh, and eighth fairways and internal
loop road providing access to the adjacent residential area.
Grading for'the remainder of the SPD District may be considered
during grading plan review if an alternate design that would
simulate the present topography is prepared.
b. The grading plan shall incorporate variable slopes on all major
manufactured slopes which simulate natural topography.
C. Tops and toes of slopes shall be meandering such that straight
edges are not created.
d. Tops and toes of slopes shall be vertically rounded. The main
landform features shall be reflected in the grading plan
(maintenance of ridgeline and valley features).
e. When blending manufactured slopes to natural topography, the
grading plan shall emphasize the underlying natural area. For
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87-56518 37
example, if a cut slope is across a kn the graded slope contours
shall be bent to simulate the previous natural element (knoll). With
ravines (generally a fill operation), the manufactured slope shall
use conclave contouring that would visually simulate a ravine.
f. The grading plan shall be designed to ensure preservation of those
trees shown on Exhibit 11 for preservation within the CDP. A
report prepared by a City approved arborculturalist shall be
submitted with the grading plan evaluating compliance with this
condition.
g. Particular attention to the grading concept shall be considered
regarding the buffer and separation adjacent to the Malaspina
neighborhood.
h. The text of the above design criteria shall take precedence over
the conceptual grading depicted on tentative Tract Map 12954.
4. Architecture - Preliminary architectural elevations shall be approved by
the Planning Commission prior to approval of a final map in accordance
with Section 5.2.6 of the approved Comprehensive Development Plan 86-
4 (reference Condition No. 27).
5. Landscape and Wall Plans - Landscape, street tree, and fence/wall plans
shall be prepared. Preliminary landscaping, street tree, and fence/wall
plans shall be approved by the Planning Commission prior to approval of
a final map. Following such plan approval, final working drawings shall
be approved by the Director of Community Planning and Development
and implemented for the entire project.
6. Landscaping Installation - Landscaping shall be installed as follows:
a. Erosion -control landscaping for all manufactured slopes shall be
installed immediately after the certification of rough grading by
the City.
b. Street trees and all other non -erosion -control landscaping shall be
installed in accordance with a landscape phasing plan approved by
the Director of Community Planning and Development. No final
building inspection shall be conducted for any dwelling unit within a
given phase until all landscaping has been installed for that phase
and approved by the Department of Community Planning and
Development.
7. Landscape Maintenance and Maintenance Easements - The developer
shall be responsible for adequately installing and maintaining all
landscaping until such maintenance may be assumed by the homeowners
or country club association. An open space maintenance easement shall
be created over all major slopes that are within residential lots.
Landscaping on said slopes shall be maintained by the
homeowners'/country club association.
S. Street Names - Street names shall be approved by the Director of
Community Planning and Development prior to approval of a final map.
-3-
�i 2
87-565078
3 9. Vehicular Access Rights - Vehicular access rights to Viejo Road
shall be released and relinquished to the City except at approved
driveways and street intersections.
10. Dedication of Public Service Easement - A public service access
easement shall be dedicated to the City of San Juan Capistrano between
the north property line and Rancho Viejo Road. The alignment of the
easement shall coincide with Street "A", Street "J", and the public
service and utility easement to Stoneridge (north property line). Said
easement between Street "J" and the north project boundary shall be for
the exclusive purpose of utility and municipal public service access. Said
easement shall be designed and improved to the satisfaction of the City
Engineer such that it will accommodate any public service vehicle
(including, but not limited to fire trucks, maintenance trucks, etc.) and
shall be accessible at all times to public agency personnel.
11. Geotechnical Study - A geotechnical feasibility study shall be completed
to determine the seismic safety and soils stability of all proposed grading
and development within the project. The report shall be reviewed and
approved by the City Engineer and Building Official prior to approval of
a final map.
12. Roadway Widths
a. Street "A":
(1) Street "A" from Rancho Viejo Road to Street "B" shall be 70
feet curb -to -curb with a bikeway/pedestrian trail (right-of-
way 90 feet).
(2) Street "A" from Street "B" to clubhouse entry shall be 50 feet
curb to curb with bikeway/pedestrian trail (right-of-way of 70
feet).
(3) Street "A" northerly of the club entry shall be 36 feet curb -
to -curb with a bikeway/pedestrian trail (right-of-way 56
feet).
b. Streets B, C, D, and E shall be 36 feet curb -to -curb. With an
additional 5 foot easement on each side for utility and pedestrian
purposes.
C. Streets F, G, and H (single -loaded streets) shall be 28 feet curb -to -
curb With an additional 5 foot easement on each side for utility and
pedestrian purposes.
d. Street I from Street "A" to Lots 187 and 202 shall be 36 feet curb -
to -curb and 30 feet curb -to -curb from Lots 187 and 202 to the cul-
de-sac, with an additional 5 foot easement on each side for utility
and pedestrian purposes.
e. All street improvements shall include standard curb, gutter, and
pedestrian areas clear of obstructions. The above right-of-way
easement widths are the minimum necessary for either a private or
public street.
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87-5658 37
13. Soils Subsidence Program - A mutually agreed upon soils subsidence
consultant shall evaluate the geotechnical and grading program to
determine the necessity for implementation of a soils subsidence
program. Said report shall be reviewed by the Director of Community
Planning and Development. A report shall be submitted with
recommendation to the City Council on whether a soils subsidence
program should be prepared and implemented for the project. If it is
determined that said program is required, the developer shall implement
a soils subsidence program for all residential lots. The soils subsidence
program shall be submitted to and approved by the Director of
Community Planning and Development prior to issuance of residential
building permits excepting model home complexes. However, in no
instance shall final Certificates of Use and occupancy be issued for the
model homes until said program is executed.
14. Surety Agreement - The applicant shall be required to execute an
agreement and deposit a bond or other surety device guarantying
completion of the entire development (including, but not limited to
completion of an 18 -hole championship golf course, rough grading for the
entire project, landscaping, street improvements, temporary facilities
for operation and maintenance of the golf course, etc.) excepting housing
units. This agreement shall also include a dust control program for the
mass grading operation. Said agreement shall be executed prior to
issuance of any development permits. The City Attorney and Director of
Community Planning and Development shall approve the form and surety
amount prior to execution of the agreement by the City.
15. Tree Preservation - Conceptual grading and site design shall be modified
to ensure preservation of trees noted on the tree survey at locations
(Exhibit 11 of CDP).
16. Access to the Specific Plan Development District - Access for the SPD
District shall be from the northerly project boundary that will jointly
serve adjacent properties. Said access to be signalized.
17. Horno Creek - Where Homo Creek is to be realigned, trees and shrub
plantings consistent with the existing vegetation shall be incorporated
into the project design such that it increases and enhances the habitat
area for Homo Creek. Said design to be incorporated into landscape plan
(reference Condition No. 3).
The applicant shall offer to dedicate and construct floodway
improvements to Homo Creek. Said design and construction. shall ensure
that the development shall not adversely impact the upstream and
downstream properties from flooding or contribute to increased flooding
in such areas. Said floodway improvements shall be submitted to and
approved by the City Engineer prior to issuance of a grading permit.
18. Habitat Maintenance Program - The developer shall prepare and
implement a habitat maintenance program for Horno Creek including
both the area designated for preservation and realignment, said program
to include a monitoring program to be implemented during realignment
of the creek. This program shall be reviewed and approved by the
Planning Commission prior to approval of a final map.
-5-
0 87-5658
19. Fire Station Relocation - The applicant sha offer to dedicate to the
City a Public Institutional site of suitable size, not to exceed 4.6t acres,
for the fire station relocation purposes subject to the provisions of the
CDP pertaining to the fire station site. If a smaller site is necessary for
such purposes, the tentative and final maps shall be changed to enlarge
the neighborhood commercial site of the project.
20. Signalization of Rancho Viejo Road at Street "A" - The applicant shall
design and construct a four-way signalized intersection at Rancho Viejo
Road and Street "A"
21. Signalization of Rancho Viejo Road at Junipero Serra - The applicant
shall participate in the signalization of the intersection of Rancho Viejo
Road at Junipero Serra. The applicant's participation shall be based upon
pro -rata trip generation as determined by the City Engineer.
22. Bridge Widening of Rancho Viejo Road at Trabuco Creek - The applicant
shall participate in the funding of the bridge widening of Rancho Viejo
Road at Trabuco Creek. The applicant's participation shall be based upon
pro -rata trip generation as determined by the City Engineer.
23. Improvements to Rancho Viejo Road - The applicant shall participate in
the funding of roadway improvements for the widening of Rancho Viejo
Road to secondary street standards, including a pedestrian/bikeway trail
from northerly project boundary at Rancho Viejo Road to Junipero
Serra. Participation shall be based upon a pro -rata trip generation as
determined by the City Engineer. All improvements shall be constructed
in accordance with a special design as approved by the City Engineer.
24. Street "A" Improvement - Street "A" from Rancho Viejo Road to the first
side -street shall include a median and two travel lanes, with necessary
turning lanes per City Engineer.
25. Bikeway and Equestrian/Hiking Trail Improvements - The applicant shall
dedicate and improve the grade separated General Plan Bikeway per
Section 9-4.106 of the Municipal Code adjacent to Street "A". Applicant
shall also dedicate and improve the General Plan Equestrian/ Hiking Trail
per the alignment approved by the City. The developer shall execute an
agreement with the City for maintenance provisions prior to approval of
Final Map.
26. Public Sewer Line - The applicant shall construct a public sewer line to
connect with the existing line located in Horno Creek Road within Tract
6381 (Stoneridge) to the existing line in Rancho Viejo Road.
27. Equestrian Trail Alignment and Design - Specific design plans showing
the proposed alignment and grade for the proposed General Plan trail to
be dedicated to the City (reference Condition No. 24) shall be reviewed
and approved by the Equestrian Commission prior to approval of Final
Map.
28. Development Review of Future Plans - Subsequent site plans and other
land use or zoning reviews will be required for the various components of
this tentative tract pursuant to Municipal Code Section 9-2.305,
87-545078
371
Comprehensive Development Plan 86-4, and Council Policy No. 403.
These reviews will include, but not be limited to, Site Plans for golf
course, country club facilities, business park, and other non-residential
uses, and all residential with a net density of 8 units per acre or more;
and shall be submitted to the Architectural Board of Review for
recommendations to the Planning Commission (Section 3.2.5 of CDP 86-
4). Furthermore, all residential development with a net density less than
8 units per acre is to be reviewed by the Planning Commission in
accordance with Section 5.2.6 of CDP 86-4. Pursuant to applicable law
and policy stated above, approval of this tentative subdivision map shall
not be construed to limit plan modifications or requirements set as
conditions on such subsequent review prior to recordation of the Final
Map. It is understood by the parties that said conditions may result in
modifications of the tentative tract map. Compliance with said
conditions that result in modification of the tentative tract map shall not
require a new filling of said map. Such modifications may include
alternative designs in order to preserve entitlements granted by
Comprehensive Development Plan 86-4. Any modifications that result in
substantial changes to the map shall require approval by the City
Council.
29. Northern Archaeological Site - A test excavation shall be completed at
the northerly archaeological site to evaluate its condition and
importance. A report of the excavation findings to be submitted to the
City prior to approval of the final map.
30. Archaeological/ Paleontological Resources - If previously unknown
resources are discovered during construction, the City shall be
immediately notified by the on-site archaeologist or paleontogist.
Recovery operations shall be conducted in accordance with the City's
adopted guidelines for recovery of said resources.
31. Plumbing Design Fixtures - All future buildings shall incorporate the use
of low -flow plumbing fixtures.
32. Community Access - The applicant shall implement a program
acceptable by the Planning Commission and City Council for limited
automobile access whereby City of San Juan Capistrano residents may
enter the project for viewing the golf course and Horno Creek.
33. Emergency Access - The developer shall design and construct an
emergency access to Tract 11753 (Hunt Club Phase II). Said design to be
reviewed and approved by the City Engineer and the Orange County Fire
Marshall.
34. Community Use of Lot B - Lot B, which includes Helicopter Hill, is a
significant visual resource which should be accessible to both the general
public and residents of the project. In order for the community to fully
benefit from this scenic resource, the developer shall enter into an
agreement with the City for providing access to and use of Lot B. Said
agreement to define methods of access, types of improvements,
indemnification, and hours of availability in the use, etc., of said lot by
the City.
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87-565078
35. Minimum Maintenance of Golf Course - The developer shall enter into
either an agreement, or include in the CC&R's, standards for
maintenance of the golf course and support buildings in a healthy and
safe appearance consistent with plans and documents to be approved by
the City. Any modifications to said agreement will require review and
approval by the City Council.
PASSED, APPROVED, AND ADOPTED this 2nd day
of June ,1987. / /o
ANTHONY BL D, MAYOR
ATTEST:
CITY CLERIC,
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
(,MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of
Resolution No. 87-6-2-8 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 2nd day
of June , 1987, by the following vote:
AYES: Councilmen Schwartze, Friess, Hausdorfer,
and Mayor Bland
NOES: None
ABSENT: Councilman Buchheim
(SEAL) �ilihit�� 7
MARY ANN HA VER, CITY C ERK
-8-
t:75650783
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
MARY ANN HANOVER, being first duly sworn, deposes and says:
That she is the duly appointed and qualified City Clerk of the City of San Juan
Capistrano;
That in compliance with State laws of the State of California and in further
compliance with City Resolution No. 83-12-20-3 and on the 4th day
of June , 1987, she caused to be posted:
RESOLUTION NO. 87-6-2-8 , being:
APPROVING TENTATIVE TRACT MAP 12954 (MARBELLA COUNTRY CLUB)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE
TRACT MAP 12954 (MARBELLA COUNTRY CLUB)
in three (3) public places in the City of San Juan Capistrano, to wit, City Hall; Old Fire
Station Recreation Complex; Orange County Public Library.
MARY ANN H"OVER, CITY CLERK
San Juan Capi "trano, California
CHECK LIST
ORD. NO. RES. NO. 87- (v -2
Mayor has signed
Clerk has signed
EKCity Seal stamped
All blank& typed in
"Absent"
"Noes" .moi
"Abstain"
Copies sent to post rd. dist.
file
mail certi red
�— Legal Publication ordered to be published
(date) —No. Printed copies required
Remarks RatIlisAW jkl-o./X7
-9-
F3
8 565078
PERFORMANCE BOND
DRAFT
KNOW ALL MEN BY THESE PRESENTS:
That Marbella Development Company, as Principal, hereinafter called
CONTRACTOR and , as Surety, hereinafter called SURETY, are held
and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called
CITY, in the amount of eight million, two hundred eight thousand, six hundred fifty-five
Dollars for payment whereof Contractor and Surety bind themselves, their heirs,
executors, administrators, successors, and assigns, jointly and severally, fairly by these
presents.
WHEREAS, Contractor has by written agreement dated September 15, 1987, entered
into a (describe agreement) Surety Agreement for grading,, landscaping, and onsite
improvements with the City of San Juan Capistrano providing in part that Developer
perform certain grading improvements relating to Tract 12954 and all attachments,
which contract is by reference made a part hereof
NOW, THEREFORE, the condition of this obligation is such that, if Principal shall
promptly and faithfully perform said agreement, then this obligation shall be null and
void; otherwise it shall remain in full force and effect. Surety waives whatever legal
right it may have to require that a demand be made first against the principal in the
event of default.
BE IT FURTHER RESOLVED, that:
1. As a part of the obligation secured hereby, and in addition to the face amount
specified, there shall be included costs and reasonable expenses and fees, including
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, alterations, or
modifications of the contract documents or of work to be performed thereunder.
Executed this day of , 19_,i at
, California.
PRINCIPAL
APPROVED AS TO FORM
John R. Shaw, City Attorney
(NOTARIZATION AND SEAL)
SURETY
(NOTARIZATION AND SEAL)
EXHIBIT C
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*565078
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EXHIBIT - D