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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 -2- 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. -4- 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. -7- 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 1z 0 *565078 J C y� �..r: .� O .�- ie p % •O t n O- 7 Q O. 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