1987-0602_MARBELLA DEVELOPMENT CO._Retention ReleaseOctober 3, 1991
National Indemnity Company
California Division
P.O. Box 7008
Pasadena, CA 91109
WI COPY
MEMBERSOF THE CITY COUNCIL
LAWRENCEF 9UCHHEIM
KENNETH E FRIESS
GARY HAUSOORFER
GIL JONES
JEFF VASQUEZ
CITY MANAGER
STEPHEN B JULIAN
Re: Surety Bond No. NA100660, Fairway Land Company, Marbella, Tract 12954
This letter is to authorize the release of Surety Bond No. NA 100660 posted for the
benefit of Fairway Land Company for improvements within Marbella in the City of
San Juan Capistrano, California.
The improvements guaranteed by surety including grading, drainage, and on-site
improvements have been completed to the satisfaction of the City of San Juan
Capistrano with the exception of a solution to access Lot 104. A new bond in the amount
of $50,000 will be substituted to ensure a satisfactory resolution to this remaining
condition.
Attached is a copy of the original bond for your reference. If you have any questions or
need further information, please contact me.
Sincerely,
4mmmo
Building Official
DWM/st
Attachment
cc: George Scarborough
Bill Huber
Michael Knapp
1 ,
SER QS 'gl IT:00 THE FHIPHr)' Lk Q p.I
NATIONAL INDEMNITY COMPANY
Cafiloinid Oivision
P.O. BOX 7008 • PASADENA, CALIFORNIA 91109 • (213) 682-3401
SURETY HIDER
To be attached to and form a part of Bond No. NA 1.00660
Executed by Marbella Development Company
PRINCIPAL and by NATIONAL INDEMNITY COMPANY
and effective as of' Deotember 10. 1487
In consideration of the mutual agreements herein contained the Principal and the
Surety hereby consent to changing the bond penalty
From: $2,000,000.00
To: $800,000.00
Nothing herein contained shall vary, alter or
of this bond except as herein expressly stated.
This rider is effective on the 4t1: day of
Aooepte
i
City of Sah uan C piatrano
Assistant Cit~ Manager Obligee
extend any provision of condition
Sepcember 19 90
Marbella Pevelo me t Company, a California
aenepa partr�ers�,ip
By: Fairway Properties Company, Principal
a U laware corpora t on
Michael L. Knapp, r si n Title
NATIONAL INDEMNITY COMPANY
Surety
BY: Bradley D. Kinscler, Assistant Viae Preside
Attested By: Mark Millard, Assistant Secreta
c/o James Econn & Co.
NATIjjNAL INDEMNITY COMPANY
California iDivision
P.0.8OX7008 • PA5ADENA,CALIFC)RNIA91109 • (213)682-3401 ( /
SURETY RIDER
To be attached to and form a part of Bond No. NA 100660
Executed by Marbella Development CnmpanY �` A
PRINCIPAL and by NATIONAL INDEMNITY C014PANY
and effective as o septem er ,
In consideration of the mutual agreements herein contained the Principal and the
Surety hereby consent to changing the bond amount
From: $8,208,655.00
To: $2,000,000.00
Nothing herein contained shall vary, alter or extend any provision of condition
of this bond except as herein expressly stated.
This rider is effective on the 4th day of November 19 88
Marbella Development Company
Accepted:
Clty of San Juan Capistrano
Obligee
AAssis4tantity Ma age itle
NATIONAL INDEMNITY COMPANY
Surety
By: Ronald M. Bergl d, Assistant Vice Preyidenr
Attested By: Mar D. Millard, Assistant Seccetar
c/o
James Econn b Co.
3055 Wilshire Boulevard
Los Angeles, California 90010
FAIRWAY PROPERTIES COMPANY
San Juan Capistrano, California
May 16, 1990
Mr. George Scarborough
City of San Juan Capistrano
Assistant City Manager
32400 Paseo Adelanto
San Juan Capistrano, California 92675
re: Bond Reduction and Helicopter Hill
Dear George
Thank you for processing the subject bond reduction at last night's
council meeting.
In order to finalize our problem with the bonding company I will
need you to sign the attached rider to the bond as soon as possible. Please
let us know when we can pick it up.
On Helicopter Hill, I understand your staff is working on responding
to our submittals, and I look forward to getting this and the other pending
matters resolved before the bond renewal date in early September.
Very truly yours,
J. Richard McMichael
President
ams
enclosure
27462 Calle Arroyo, Suite A • San Juan Capistrano, California 92675 • 714 661-1461 • Fax 714 240-2498
10
Mf MORANDUM
TO: Dawn Schanderl, Records Coordinator
September 14,
FROM: Mark Gibson, Development Services Administrator
SUBJECT: Performance Bond For Marbella Development Company
1987 A a
i/ i
I'C �V Y 5
Attached are two copies of Performance Bondl�lo/NA 100660 for the Marbella
Development Company for your files. This bond isa Development Agreement with the
City of San Juan Capistrano providing in part that the Developer perform certain grading
improvements relating to Tract 12954.
If you have any questions or need more information, please call me.
IV `A(
MG:ms
Attachments
1 ..
•
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
Bona No. NA 100660
P•ium $123,130.00
That Marbella Development Company
as Principal, hereinafter called CONTRACTOR, and National Indemnity Company
as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San
Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of Eight Million Two Hundred
Eight Thousand Six Hundred Fifty Five and No/1000ths 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): Development Agreement with
the City of San Juan Capistrano providing in part that Developer perform certain
Odin 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.
E
I
C
' 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 10th day of September 19 87 , at
Los Angeles , California.
APPROVED AS TO FORM
PRINCIPAL
Marbella Ddvel went Company
�15e Fairway Land Company
a1 Partner
\TION AND SEAL)
SURETY
National Indemnity Company
B Cv
Margar E. O'Brien, Attorney in Fact
(NOTARIZATION AND SEAL)
c/o James Econn 6 Co.
3055 Wilshire Boulevard
Los Angeles, California 90010
,
STATE OF CALIFORNIA
COUNTY OF ORANGE
On this 14th day of September in the year 1957
before me, Alice M. Stump , a Notary Public, State of
California, duly commissioned and sworn, personally appeared
Jon T. Brown
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the President of the corporation
that executed the within instrument, and also known to me to be the
person
who executed the within instrument on behalf
of the corporation therein named, and acknowledged to me that such
corporation executed the same.
Jon T. Brown, President, The Fairway Land Company — A General Partner
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
.+
seal in the Orange County of California
on the date set forth above in this certificate.
ALUMPAm
liforniaNTYp. 5117/91
l � i
Notary Public, State f California
My commission expires May 17, 1991
ACKILEOGMENT OF ANNEXED INSTRAT
STATE OF CALIFORNIA
COUNTY OF Los Angeles
On this 10th day of September in the year
before me,
Lisa L. Thornton
of California, duly commisioned and sworn, personally appeared
Margaret E. O'Brien
1987
a Notary Public, State
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
Attorney in Fact of the corporation that
executed the within instrument, and also known to me to be the person
who executed the within instrument on behalf of the corporation therein named, and acknowledged
to me. that such Corporation executed the same.
National Indemnity Company
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal in the
Los Angeles
certificate.
County of California
Notary
on the date set forth above in this
of California
My commission expires May 24, 1989
V%t.
j Ewe.\
jj
OFFICIAL SEAL
LISA. L. THORNTON
ieiQ`�SF9 -�
�`,..lZ
Notary Public California
os Angel Office t
Los Angeles County
Comm. Fxp. M2Y 24, 19$9
♦ . .......+.+.-ti
County of California
Notary
on the date set forth above in this
of California
My commission expires May 24, 1989
V%t.
POWER OF ATTORNEY
FOR SUBDIVISION BONDS
NATIONAL INDEMNITY COMPANY NGP No. 202601
3024 Harney Street
OMAHA, NEBRASKA 68131
KNOW ALL MEN BY THESE PRESENTS: That this Power -of -Attorney is not valid unless
attached to the bond which it authorizes executed. It specifies the LIMIT OF THE
AGENTS AUTHORITY AND THE LIABILITY OF THE COMPANY, HEREIN THE AUTHORITY OF THE
ATTORNEY-IN-FACT and
THE LIABILITY OF THE COMPANY
SHALL NOT EXCEED .....Ten Million Dollars...($10,000,000.00).... ON ANY ONE BOND.....
USE OF MORE THAN ONE POWER VOIDS THE BOND
NATIONAL INDEMNITY COMPANY, a Nebraska corporation, having its principal office in
the City of Omaha, state of Nebraska, does hereby make, constitute and appoint
James W. Econn, Donald Killian III, Margaret E. O'Brien, Linda Sciaini, and
Barry M. Sullock in the City of LOS ANGELES, County of LOS ANGELES, State of
CALIFORNIA, its true and lawful attorney-in-fact, at LOS ANGELES, in the State of
CALIFORNIA to make, execute, seal and deliver for and on its behalf, and as its act
and deed, only the following classes of Subdivision Bonds: Subdivision Improvement
including Performance and Labor and Materials; Subdivision Inspection; Subdivision
Survey or Monument; Subdivision Tax; Subdivision Warranty; Completion Common
Facilities; Maintenance Assessment; Release of Mechanic's Lien; Release of Stop
Notice; License or Permit Bonds required in connection with the subdivision (or
subdivision related); Bonds required by F.H.A. or other similar government
agencies; Conversion tax or fee; Advance Payments required by Federal, State, County,
Municipal Authority, or other obligees, provided that the liability of the company as
surety on any such bond executed under this authority shall not in any event exceed
the sum shown above.
THIS POWER VOID IF ALTERED OR ERASED
This power is not valid unless used before December 31, 1988
The acknowledgement and execution of any such document by said Attorney -in -Fact
shall be as binding upon the Company as if such bond had been executed and
acknowledged by the regularly elected officers of this Company.
This Power of Attorney is granted and is signed and sealed by the authority of the
following Resolution adopted by the Board of Directors of NATIONAL INDEMNITY COMPANY
at a meeting duly called and held on the 3rd day of January, 1986:
"RESOLVED, that the President, or any Vice President, or Assistant Vice President,
of the Company, be, and that each of any of them hereby is, authorized to execute
Powers of Attorney qualifying the attorney named in the given Power of Attorney to
execute in behalf of NATIONAL INDEMNITY COMPANY, bonds, undertakings and all
contracts of suretyship; and that any Secretary or any Assistant Secretary be, and
that each or any of them hereby is authorized to attest the execution of any such
Power of Attorney, and to attach thereto the seal of the Company.
In Witness Whereof NATIONAL INDEMNITY COMPANY has caused its official seal to be
hereunder affixed, and these presents to be signed by its Assistant Vice President
and attested by its Assistant Secretary this 10th day of September, 1987.
ATTEST
Assistant Secretary
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
NATIONAL INDEMNITY COMPANY
BY LL//
Assistant Vice President
On this 10th day of September, 1987, before me, a Notary Public, personally
appeared Thomas A. Bolt, who being by me duly sworn, acknowledged that he signed the
above Power of Attorney as Assistant Vice President of said NATIONAL INDEMNITY
COMPANY and acknowledged said instrument to be the voluntary act and deed of said
corporation.
My commission expires 7-IR_gI
otary Pu As a i orn a
OFFICIAL SEAL
BARBARA J AlW
NCTARY PUB! IC -CAI fir NIA (r
PL 17., 17"1
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
I, the undersigned, Assistant Secretary of NATIONAL INDEMNITY INSURANCE COMPANY, a
Nebraska Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF
ATTORNEY remains in full force and has not been revoked; and further more that the
By—Laws of the Corporation, and the Resolution of the Board of Directors, set forth
in the Power of Attorney, are now in force.
Signed and sealed at Pasadena, California
Dated the ............Q .......... day of....�`....................19 .,�?.....
Assistant Sey
1. ONLY ONE POWER—OF—ATTORNEY MAY BE ATTACHED TO A BOND.
2. POWER—OF—ATTORNEY MUST NOT BE RETURNED TO ATTORNEY—IN—FACT, BUT SHOULD REMAIN A
PERMANENT PART OF THE OBLIGEE'S RECORDS.
3. THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NE EXEAT OR ANY GUARANTEE FOR
FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WAGE LAW CLAIMS, OR BONDS FOR
CRIMINAL APPEARANCE.
4. THIS POWER DOES NOT AUTHORIZE THE EXECUTION OF BONDS FOR LOAN GUARANTEES OR ANY
BONDS, OTHER THAN THOSE ENUMERATED ABOVE.
NI1181P (1/86)
r.
0
Power Amount ........................... NGP No. 202601
Execution Report and Receipt for Power—of—Attorney
This report to be completed, signed and forwarded not later than the week following
the execution of bond, together with application and other papers given in connection
therewith, to NATIONAL INDEMNITY CO., 3024 Harney, Omaha, Nebraska 68131.
Bond Amount ............. .Premium $................. Annually, or
$ ........................for term.
Effective Date...............................Expiration or renewal date..............
Principal....................................Address.................................
Obligee......................................Address.................................
Nature of risk...............................Where filed.............................
Name of Court................................Attorney................................
Collateral)
Indemnity ) ..................................Agent............... .........
(signed)
Bo No. NA 100660
Pii.um $123,130.00
P@.RFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That Marbella Development Company
as Principal, hereinafter called CONTRACTOR, and National Indemnity Company
as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San
Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of Eight Million Two Hundred
Eight Thousand Six Hundred Fifty Five and No/100rths 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): Development Agreement 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.
DE 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 10th day of September 19 87 at
Los Angeles , California.
APPROVED AS TO FORM
PRINCIPAL
Marbellal-Revel ment Company
B
P i nt, T e Fairway Land Company
A Genera Partner
(N ARI ION AND SEAL)
SURETY
National Indemnity Company
Margar E. O'Brien, Attorney in Fact
(NOTARIZATION AND SEAL)
c/o James Econn & Co.
3055 Wilshire Boulevard
Los Angeles, California 90010
STATE OF CALIFORNIA
COUNTY OF ORANGE
On this 14th day of September in the year 1987
before me, Alice M. Stump a Notary Public, State of
California, duly commissioned and sworn, personally appeared
Jon T. Brown
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the President of the corporation
that executed the within instrument, and also known to me to be the
person
who executed the within instrument on behalf
of the corporation therein named, and acknowledged to me that such
corporation executed the same.
Jon T. Brown, President, The Fairway Land Company — A -General Partner
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal in the Orange County of California
on the date set forth above in this certificate.
offICIAL SEAL
ALICE M. STUMP
`� Notary POIX Caotoraia
ORANOECOUNTY
My Commission EXP. 5117191
My commission expires May 17, 1991
nia
a
ACK�LEDGMENT OF ANNEXED INSTRUAT
t
STATE OF CALIFORNIA
COUNTY OF Los Angeles
On this 10th
before me
day of September in the year
Lisa L. Thornton
of California, duly comm s oned and sworn, personally appeared
Margaret E. O'Brien
1987
a Notary Public, State
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
Attorney in Fact of the corporation that
executed the within instrument, and also known to me to be the person
who executed the within instrument on behalf of the corporation therein named, and acknowledged
to me.that such corporation executed the same.
National Indemnity Company
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the
certificate.
Los Angeles
County of California
on the date set forth above in this
My commission expires May 24. 1989
"'Cna
a. OFFICIAL SEAL
LISA L. THORNTON
Notary PubNC-CaliroRNa
Principal Office In
Los Angeles County
6 +• My Comm. Exp. May 24, 1999
County of California
on the date set forth above in this
My commission expires May 24. 1989
"'Cna
POWER OF ATTORNEY
FOR SUBDIVISION BONDS
NATIONAL INDEMNITY COMPANY
3024 Harney Street
OMAHA, NEBRASKA 68131
NGP No. 202601
KNOW ALL MEN BY THESE PRESENTS: That this Power -of -Attorney is not valid unless
attached to the bond which it authorizes executed. It specifies the LIMIT OF THE
AGENTS AUTHORITY AND THE LIABILITY OF THE COMPANY, HEREIN THE AUTHORITY OF THE
ATTORNEY-IN-FACT and
THE LIABILITY OF THE COMPANY
SHALL NOT EXCEED .....Ten Million Dollars...($10,000,000.00).... ON ANY ONE BOND.....
USE OF MORE THAN ONE POWER VOIDS THE BOND
NATIONAL INDEMNITY COMPANY, a Nebraska corporation, having its principal office in
the City of Omaha, state of Nebraska, does hereby make, constitute and appoint
James W. Econn, Donald Killian III, Margaret E. O'Brien, Linda Sciaini, and
Barry M. Sullock in the City of LOS ANGELES, County of LOS ANGELES, State of
CALIFORNIA, its true and lawful attorney-in-fact, at LOS ANGELES, in the State of
CALIFORNIA to make, execute, seal and deliver for and on its behalf, and as its act
and deed, only the following classes of Subdivision Bonds: Subdivision Improvement
including Performance and Labor and Materials; Subdivision Inspection; Subdivision
Survey or Monument; Subdivision Tax; Subdivision Warranty; Completion Common
Facilities; Maintenance Assessment; Release of Mechanic's Lien; Release of Stop
Notice; License or Permit Bonds required in connection with the subdivision (or
subdivision related); Bonds required by F.H.A. or other similar government
agencies; Conversion tax or fee; Advance Payments required by Federal, State, County,
Municipal. Authority, or other obligees, provided that the liability of the company as
surety on any such bond executed under this authority shall not in any event exceed
the sum shown above.
THIS POWER VOID IF ALTERED OR ERASED
This power is not valid unless used before December 31, 1988
The acknowledgement, and execution of any such document by said Attorney -in -Fact
shall be as binding upon the Company as if such bond had been executed and
acknowledged by the regularly elected officers of this Company.
This Power of Attorney is granted and is signed and sealed by the authority of the
following Resolution adopted by the Board of Directors of NATIONAL INDEMNITY COMPANY
at a meeting duly called and held on the 3rd day of January, 1986:
"RESOLVED, that the President, or any Vice President, or Assistant Vice President,
of the Company, be, and that each of any of them hereby is, authorized to execute
Powers of Attorney qualifying the attorney named in the given Power of Attorney to
execute in behalf of NATIONAL INDEMNITY COMPANY, bonds, undertakings and all
contracts of suretyship; and that any Secretary or any Assistant Secretary be, and
that each or any of them hereby is authorized to ,attest the execution of any such
Power of Attorney, and to attach thereto the seal of the Company.
In Witness Whereof NATIONAL INDEMNITY COMPANY has caused its official seal to be
hereunder affixed, and these presents to be signed by its Assistant Vice President
and attested by its Assistant Secretary this 10th day of September, 1987.
ATTEST
Assistant Secretary
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
NATIONAL INDEMNITY COMPANY
BY
Assistant Vice President
On this 10th day of September, 1987, before me, a Notary Public, personally
appeared Thomas A. Bolt, who being by me duly sworn, acknowledged that he signed the
above Power of Attorney as Assistant Vice President of said NATIONAL INDEMNITY
COMPANY and acknowledged said instrument to he the voluntary act and deed of said
corporation.
My commission expires
r
^Notary Pubic, California
OrrlclAl, SC lL
i
BARBARA J WARD
NO17t"; PUO' IC CALIFORNIA
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
I, the undersigned, Assistant Secretary of NATIONAL INDEMNITY INSURANCE COMPANY, a
Nebraska Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF
ATTORNEY remains in full force and has not been revoked; and further more that the
By -Laws of the Corporation, and the Resolution of the Board of Directors, set forth
in the Power of Attorney, are now in force.
Signed and sealed at Pasadena, California
Dated the ............lQ..........day of....'fFt E .:..................19.?.....
a 5 ' x,,
Assistant Secrzeary
1. ONLY ONE POWER-OF-ATTORNEY MAY BE ATTACHED TO A BOND.
2. POWER-OF-ATTORNEY MUST NOT BE RETURNED TO ATTORNEY-IN-FACT, BUT SHOULD REMAIN A
PERMANENT PART OF THE OBLIGEE'S RECORDS.
3. THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NE EXEAT OR ANY GUARANTEE FOR
FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WAGE LAW CLAIMS, OR BONDS FOR
CRIMINAL APPEARANCE.
4. THIS POWER DOES NOT AUTHORIZE THE EXECUTION OF BONDS FOR LOAN GUARANTEES OR ANY
BONDS, OTHER THAN THOSE ENUMERATED ABOVE.
NI1181P (1/86)
L
Power Amount .... .... ..• ........ •... NCP No. 202601
ExecutionReport and Receipt for Power—of—Attorney
This report to be completed, signed and forwarded not later than the week following
the execution of bond, together with application and other papers given in connection
therewith, to NATIONAL INDEMNITY CO., 3024 Harney, Omaha, Nebraska 68131.
Bond Amount ............. .Premium $................. Annually, or
$ ........................for term.
Effective Date...............................Expiration or renewal date..............
Principal....................................Address.................................
Obligee......................................Address.................................
Nature of risk...............................Where filed... I.........................
Name of Court................................Attorney................................
Collateral)
Indemnity ) ..................................Agent............ .........
(signed)
NATIONAL INDEMNITY COMPANY
California Division
P.O. BOX 7008 • PASADENA, CALIFORNIA 91109 • (213) 662-3401
SURETY RIDER
To be attached to and form a part of Bond No. NA 100660
Executed by Marbella Development Company
PRINCIPAL and by NATIONAL INDEMNITY COMPANY
,
and effective as of Deptember 10. 1987
In consideration of the mutual agreements herein contained the Principal and the
Surety hereby consent to changing the bond penalty
From: $2,000,000.00
To: $800,000.00
Nothing herein contained shall vary, alter or
of this bond except as herein expressly stated.
This rider is effective on the 4th day of
Accepted:
City of San Juan Capistrano
Obligee
,f
extend any provision of condition
September
19 90
MarbellaDevelo me t Company, a California
Qeneral Dartxers�iD
By: Fairway Properties Company,Principal
a Dekaware cor o ation
B 9
Michael L. Knapp, P/efident Title
NATIONAL INDEMNITY COMPANY
Surety
By: Bradley D. Kinstler, Assistant Vice
Attested By: MarkK. Millard, Assistant Secre
c/o James Econn & Co.
Title 3055 Wilshire Boulevard
Los Angeles, California 90010
Y4-60 A Member of the Berkshire Hathaway Insurance Group
I, BETTY J. PETERSON, Secretary of National Indemnity Company,
do hereby certify that as of November 1, 1989 Bradley D.
Kinstler was an Assistant Vice President of National Indemnity
Company and that Mark D. Millard was an Assistant Secretary of
National Indemnity Company.
DATED: November 1, 1989
Betty eterson, Secretary
' , 'SSUE CATE IMM: CONN
16
3-5-90
FFODUCER
THIS CERTIFICATE ISSUED MATTER OF INFORMATION ONLY AND CONFERS
E HOLDER. THIS CERTIFICATE DOES NOT AMEND,
NO RIGHTS UPON THE CERTIFICATE
KELTER•THORNER INC. OF, CA.
E r�EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
2342 EL CAMINO REAL MAP F t? 7
REDWOOD CITY, CA 94063 -
.0 ,q COMPANIES AFFORDING COVERAGE 6
TTER AST. PAUL FIRE AND MARINE INS. CO.
TEL: (415) 369.1033COMPANY
-'lit CLE
M_PARTM
CIT
PAN Y
tiMER S FUND INS. CO.
BFIREMAN'
INSURED JUAN CA!', 3
MARBELLA GOLF AND COUNTRY CLUB, ET AL
C/O THE FAIRWAY LAND COMPANY
COMPANY C Cg, Q
LETTER
33971 SELVA ROAD
LAGUNA NIGUEL, CA 92677
COMPANY D
LETTER
COMPANY E
LETTER
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI-
TIONS OF SUCH POLICIES.
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE IMMIDDM
POLICY EXPIRATION
DATE (MMIDONY)
ALL LIMITS IN THOUSANDS
GENERAL
LIABILITY
GENERAL AGGREGATE $2,0
A
COMMERCIAL GENERAL LIABILITY
CK09400588
9-20-89
9-20-90
PRODUCTS COMPIOPS AGGREGATE $2,000•
x
CLAIMS MADE FTIOCCURRENCE
PERSONAL & ADVERTISING INJURY $1,000.
OWNER'S & CONTRACTORS PROTECTIVE
EACH OCCURRENCE $1,000.
FIRE DAMAGE (ANY ONE FIRE) $ 50.
MEDICAL EXPENSE ZANY ONE PERSON) 5.
AUTOMOBILE
LIABILITY
ANY AUTO
CSL
$
ALL OWNED AUTOS
SCHEDULED AUTOS
eaDILY
INJURY
PER PERSONI
$
HIRED AUTOS
NONOWNEDAUTOS
BODILY
IWURY
AGCOENTI
$
PROPERTY
DAMAGE
GARAGE LIABILITY
$
B
EXCESS LIABILITY
UMBRELLA
XOK2091491
9-20-89
9-20-90
CLLURREACHENLE
$ 5,000.
ALGAI
$ 5,000.
OTHER THAN UMBRELLA FORM
STATUTORY
WORKERS' COMPENSATION
$ IEACM ACCIDENT)
AND
$ (DISEASE -POLICY LIMIT)
EMPLOYERS' LIABILITY
$ (DISEASE EACH EMPLOYEE(
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS
SEE ATTACHED LIABILITY ENDORSEMENT
CITY OF SAN JUAN CAP ISTRANO
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Ex
32400 PASEO ADELANTO
PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
SAN JUAN CAPISTRANO, CA 92675
MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
ATTN: CITY CLERK'S DEPARTMENT
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REP SENTATIVE /
Q. WCB
I.IA MXrY ENDORSEMENT
• CITY OF SAN JUAN CAPLSTIO
COMMUNITY REDEVELOPMENT AGENCY
32400 Paseo Adelanto
San Jinn Capistrano. California 92673
ATTN:
A. POUICY WPORMATION
1. Insurance Company ST. PAUL F & M INS. Policy Number
2. Policy Term (From) 9-20-B9 0 9-20-90 :Endorsement E
3. Named Insured MARBELLA GOLF AND COUNTRY CLUB, ET AL
4. Address o1 Named Insured C/O FAIRWAY LAND CO. 33971 S1
3. Limit of Liability Any One occurrence/Aggregate 1, 000, 0
General Liability Aggregate (check one:)
Applies "per location/project"
Is :wl= the cacurrence limit x
Endorsement 0
6. Deductible or Self -Insured Retention (Nil unless otherwise specifieO
7. Coverage is equivalent tot
Comprehensive General Liability form GLo002 (Ed 1/73)
Commercial General Liability "claims made" form CG0002
L Bodily Injury and Property Damage Coverage is:
"claims -made"
x "occurrence"
If ciaims-made, the retroactive date is N/A
iL POLICY AMENDMENTS
5 NIL
This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent
statement in the.policy to which this endorsement is attached or any other endorsement attachad
thereto, it is agreed as follows
1. INSURED. The CIty and the Community Redevelopment Agency, its elected or appointed
officer, officials, employees and volunteers are included as insureds with regard to damages
and defense of claims arising froms (a) activities performed by or on behalf of the Named
Insured, (b) products and completed operations of the Named Insured, or (c) premises owne4
leased or used by the Named Insured.
2. CONTRIBUT WN NOT REQUIRED. As respects: (a) work performed by the Named Insured
for or on behalf of the City; or (b) products sold by the Named Insured to the City, or (c)
premises leased by the Named Insured from the City, the insurance afforded by this policy
shall be primary insurance as respects the City, its elected or appointed officers, officials,
employees or volunteers; or stand in an unbroken chain of coverage excess of the Named
Insureds scheduled underlying primary coverage. In either event, any other insurance
maintained by the City, its elected or appointed officers, officials, employees or volunteers
shall be in excess of this insurance and shall not contribute with it.
(OVER)
3. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
(1) Insurance Services Office form number GL 0002 (Ed. 1/73), Comprehensive General
Liability Insurance and insurance Services Of fico form number GL 0404 Broad Form
comprehensive General Liability endorsement; or
(2) Insiarance Services Office Commercial General Liability Coverage, "occurrence"
form CG 0001 or "claims-madd' form CG 0002; or
(3) If excess, affords coverage which is at least as broad as the primary insurance
forms referenced in the preceding sections (1) and (2).
e. SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately to
each insured who is seeking coverage or against whom a claim is made or a suit is brought,
except with respect to the Company's limit of liability.
S. PROVISIONS REGARDING THE INSUREDS DUTIES AFTER ACCIDENT OR LOSS Any
failure to comply with reporting, provisions of th! plicy shall not affect coverage provided
to the City and the Community Redevelopment Agency, its elected or appointed officers,
officials, employees or volunteers.
6. CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended,
voided, cancelled, reduced in coverage or in limits except after thirty (30) days' prior written
notice by certified mail return receipt requested has been given to the City. Such notice
shall be addressed as shown in the heading of this endorsement.
C. INCIDENT AND CLAIM REPORTING PROCEDURE
Incidents and claims are to be reported to the insurer at:
ATTNs CLAIM DEPARTMENT
ZlRie(Department)
KE TER—THORNER INC. OF CALIFORNIA
ompany
treet dreg
REDWOOD CITY, CA 94063
(City) State :p Code
L415) 369-1033
(Telephone)
D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER
i, JOHN B. WASHBURN (print/type name), warrant that I have authority to bind the below listed
insurance company and by my signature hereon do so bind /this company.
SIGNAT E OF AUTHORIZEDP A IVE (original
signat r required on endorsement furnished to the City)
CtrANIZATICN: KELTER—THORNER> NC. OF CALIFORNIA Tj EXECUTIVE VICE PRESIDENT
ACMESS: 7342 ET CAMTNO RFAT vvnwnnn CITY_ CA TEI.EFH3%E: ( 41d 3Fo_in33
94063
•
�'%. �IIOH1tlY,
nnunm 1161
1776
February 20,1990
The Fairway Land Company
DBA: Marbella Golf do Country Club
33971 Selva Road, Suite 120
Laguna Niguel, California 92677
Re: Renewal of General Liabilit Certificate of Insurance
Reimbursement Agreement
Gentlemen:
MEMBERS OF THE CITY COUNCIL
ANTHONY L. BLAND
LAWRENCE F. SUCHHEIM
KENNETH E. FRIESS
GARY L. HAUSOORFER
PHILLIP R. SCNWARTZE
CITY MANAGER
STEPHEN B JULIAN
The General Liability Certificate of Insurance, regarding the above -referenced project,
expired on January 1, 1990. In accordance with your agreement, the insurance
certificate needs to be renewed for an additional period of one year. The agreement
requires a general liability endorsement form naming the City of San Juan Capistrano as
an additional insured. Please forward an updated certificate and the endorsement form
to the City, attention City Clerk's Department, by March 6, 1990.
If you have any questions, please contact me at (714) 493-1171 extension 244.
Thank you for your cooperation.
Very truly yours,
/tea ')Zbo
Dawn M. Schanderl
Records Coordinator
Attachment
cc: Director of Public Works
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 499-1171
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•
September 5, 1990
Mr. Mike Knapp
Fairway Properties
27462 Calle Arroyo
San Juan Capistrano, California 92675
Re: Reduction of Bonds - Tract 12954
Dear Mr. Knapp:
• � 00,
MEMBERS OF THE CITY COUNCIL
ANTHONY L. BLAND
LAWRENCE F. SUCHHEIM
KENNETH E. FRIESS
GARY L. HAUSDORFER
PHILLIP R. SCHWARTZE
CITY MANAGER
STEPHEN B JULIAN
At their regular meeting held September 4, 1990, the City Council of the City of
San Juan Capistrano considered your request to reduce the $2,000,000 surety bond
for grading and landscaping. Council took action to authorize staff to reduce the
bonds to a level to be established by the City Manager.
If you have any questions, please contact George Scarborough, Assistant City
Manager.
Very truly yours,
(�'l
City Clerk
cc: George Scarborough
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 499-1171
_ — > 12.
As set forth in the Report dated September 4, 1990, from the
Assistant City Manager, staff was authorized to reduce the
$2,000,000 surety bond provided to the City by Fairway
Properties to ensure performance of required grading and
landscaping to a level to be established by the City Manager.
RECESS AND RECONVENE
Council recessed at 7:13 p.m. to convene the San Juan Capistrano
Community Redevelopment Agency, and reconvened at 7:43 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. REVIEW AND REFERRAL - DRAFT CIVIC CENTER MASTER PLAN (200.30)
Written Co
Report dated September 4, 1990, from the Community
Development Manager and the Planning Manager, forwarding the
Draft Civic Center Master Plan prepared by the IBI Group for
review. The draft incorporates input received from the Civic
Center Working Group regarding the development of a new Civic
Center on the old Capistrano High School site.
Receipt and Referral of Draft Civic Center Master Plan:
It was moved by Councilman Schwartze, seconded by Councilman
Friess, and unanimously carried that the draft Civic Center
Master Plan be received and referred to the following
commissions:
(1) Cultural Heritage Commission for review of proposed
preservation of historic features;
(2) Traffic and Transportation Commission for review of the
Traffic Report prepared for the project;
(3) Parks and Recreation Commission for recommendation
regarding existing recreation facilities;
(4) Design Review Commission for review of site and land-
scape design criteria; and
(5) Planning Commission for overall features of the draft
Master Plan.
-5-
9/4/90
AGENDA ITEM
TO: Stephen B. Julian, City Manager
•
September 41 1990
FROM: George Scarborough, Assistant City Manager
SUBJECT: Authorisation for Reduction of Bonds, Marbella
Development, Tract 12954 (Fairway Properties, Co.)
In connection with the Marbella Development, Fairway Properties
provided the City with an $8,000,000 surety bond to insure
performance of required grading and landscaping. Earlier this year
as a result of substantial completion of the required grading and
landscaping work the City Council allowed the surety to be reduced
to $2,000,000. Since that time additional work has been completed
and Fairway Properties now request authorization of a further
reduction of the surety bond amount. The premium on the surety
bond is due September 10th.
City staff is presently reviewing cost estimates for the remainder
of the grading and landscaping work to be completed. Upon the
completion of the review, staff will be prepared to establish an
appropriate level for a reduced surety bond.
COMMISSION/ OARD REVIEW 6 RECOMMENDATIONS:
Not applicable.
FINANCIAL CONSIDERATIONS:
Not applicable.
Fairway Properties, Co.
ALTERNATE ACTIONS:
1. The City Council authorize staff to reduce the Fairway
Properties, Co. surety bond for the Marbella Development grading
and landscaping to a level to be established by the City Manager.
2. Request additional information
FOR CITY COUNCIL AGEND+ 4�2
1. 0 . s 0
FUNDING REQUEST - GRAD NITE (330.20)
Written Communication:
Report dated May 15, 1990, from the Council Services Manager,
forwarding a request for a contribution to the Dana Hills
High School Grad Nite program, which provides drug- and
alcohol -free celebrations for graduating high school seniors.
Janice Nikitin, 1 Pacific Crest, Laguna Niguel, Senior Parent
Representative from Dana Hills High School, summarized this
year's graduation activities.
Mayor Hausdorfer suggested that the committee submit the
funding request as a budget item for annual consideration as
a charitable contribution.
Authorization of Funding:
It was moved by Councilman Friess, seconded by Councilman
Buchheim, and unanimously carried that a one-time donation
in the amount of $150 each be authorized to Grad Nite
sponsors at Dana Hills High School, Capistrano Valley High
School, San Clemente High School, and St. Margaret's School.
4. REDUCTION OF BONDS. TRACT 12954 (MARBELLA) (600.30)
Written Communication:
Report dated May 15, 1990, from the Assistant City Manager,
regarding a request from the Fairway Land Company, developer
of the subject tract, for a reduction in the surety bond from
$8,208,655 to $2,000,000 for the grading, landscaping, and
on-site improvements based on substantial completion of the
bonded work.
Approval of Bond Reduction:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim, and unanimously carried that the bond for grading,
landscaping, and on-site improvements for Fairway Land
Company be reduced to $2,000,000.
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS (440.10)
Written Communication:
Report dated May 15, 1990, from the Director of Community
Planning and Development advising that seven new project
applications were received by the City since the last report
of April 17, 1990.
-14-
5/15/90
099
Smith and Company to assist in pursuing available grant
funding for this purpose.
Approval of Concept and Agreement:
It was moved by Councilman Buchheim, seconded by Councilman
Bland, and unanimously carried that:
(1) The concept of a regional, multi -city consortium be
approved to address drug and alcohol issues in South
Orange County; and
(2) That an agreement with E. Del Smith and Company be
approved for governmental relation services to assist
in obtaining grant funding for consortium activities.
In addition, staff was directed to investigate the referen-
ces offered by E. Del Smith and Company and to invite the
cities of Laguna Niguel and Mission Viejo to join the
consortium.
2. RESOLUTION REQUESTING FUNDING FOR AGRICULTURAL MANAGEMENT
PLAN (CALIFORNIA STATE COASTAL CONSERVANCY) (530.40)
Written Communication:
Report dated May 15, 1990, from the City Manager, regarding
the preparation of an Agricultural Management Plan in order
to obtain the Coastal Conservancy's assistance in the form
of a $10,000 grant for preserving the City's agricultural
usage.
Adoption of Resolution:
It was moved by Councilman Friess, seconded by Councilman
Buchheim, that the following Resolution be adopted:
RESOLUTION NO. 90-5-15-7. REQUESTING FUNDING -
AGRICULTURAL MANAGEMENT PLAN - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA,a REQUESTING FUNDING FROM THE CALIFORNIA
STATE COASTAL CONSERVANCY FOR THE DEVELOPMENT OF
AN AGRICULTURAL MANAGEMENT PLAN
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: None
-13-
5/15/90
0 0
AGENDA ITEM May 15, 1990
TO: STEPHEN B. JULIAN, CITY MANAGER
FROM: GEORGE SCARBOROUGH, ASSISTANT CITY MANAGER
SUBJECT: REDUCTION OF BOND, TRACT 12954 (MARBELLA)
The Fairway Land Company, developer of the above -referenced tract,
has requested their surety (Bond) for the grading, landscaping and
on-site improvements (including golf course) be reduced based on
substantial completion of the bonded work. The amount of the bond
was established at $8,208,655 and Fairway is requesting a reduction
to $2,000,000.
The bonded work has been substantially completed. However, the
requirement for grading of an access road to Helicopter Hill
required by the City Council approval of the Marbella development,
remains unresolved. A trail has been constructed to provide
equestrian/pedestrian access to Helicopter Hill and an access road
easement was recorded with the recordation of the final map for the
development. Unfortunately, the terrain underlying the access road
easement is quite steep and creates significant design and
construction problems. No acceptable alternative route has yet
been determined.
Staff will work with Fairway Land Company to develop an acceptable
access road to Helicopter Hill. We will keep Councilmembers
informed of developments concerning the access road.
The reduced bond amount of $2,000,000 exceeds the cost of the
remaining grading, landscaping and on-site improvement work to be
completed. However, since it is possible that construction of the
access road design that is found acceptable to the City might
entail substantial grading and retaining wall work, the $2,000,000
dollar bond level should be maintained.
COMMISSION/BOARD REVIEW i RECOMMENDATIONS:
Not applicable
FINANCIAL CONSIDERATIONS:
None. The proposed bonding will cover work not yet complete.
Mr. J. Richard McMichael
All Property Owners Within Marbella Development
Adjacent Property Owners and Homeowner Associations
FOR CRY COUNCIL AGENDOj /
ALTERNATE ACTION:
1. Approve reduction of the bond amount to $2,000,000.
2. Do not approve reduction of the bond amount.
3. Request additional information from staff.
RECOMMENDATION•
Approve reduction of the bond amount to $2,000,000.
Respectfully submitted,
orge Scprb,6r
sistan City
0
6c, ao
MA�26eurci 1�955L
Z)eve%rr-nt- figreemenr
MEMORANDUM April 9, 1990
TO: George Scarborough, Assistant City Manager
FROM: Elaine Martinez, Building & Safety Manager
Community Planning & Development
SUBJECT: Marbella Bond
Per your request, the following issues must be resolved prior to the reduction or release
of an $8 million grading and landscaping bond on the subject project:
1. Leighton & Associates have not remitted to the City of San Juan Capistrano a final
soils report. This was not discovered until March 30, 1990. Failure to remit the
final soils report may result in many projects currently under construction at
Marbella having to revise or alter their construction documents.
The grading issues surrounding Helicopter Hill and utility hook-ups have not been
resolved.
Landscaping is not completed. In fact, the landscape architect has remitted to
Fairway Land Company an extensive list of corrections which must be made prior to
acceptance of the landscaping.
Fairway Land Company has not responded to the Building Official's letter of
March 5, 1990 requesting compaction reports and soils analysis on lots which
experienced considerable erosion during the February 1990 rains. The March 5th
letter additionally required rip -rap be installed at certain "V" ditches; a catch basin
be reconstructed; equestrian trail be repaired and recompacted; restoration of berms
at lots where heavy rains washed them out.
I would also suggest that Larry Freeman review all civil engineer's certifications on lots
in Marbella to determine that (a) lots are correctly recorded on reports, (b) engineer has
signed with wet seal, and (c) the permit number is correct..
Lastly, due to the fact that certain projects will not be constructed by Fairway Land
Company, there is a necessity to construct additional "V" ditches and swales. These
alterations to the approved rough grading plan mandate that Fairway Land Company
submit as -built grading plans into plan check and obtain additional approvals. In two
instances, Fairway will be adding "V" ditches to protect the exposed earthen walls and
building pads.
Should you have any questions regarding this
the letter sent to the bonding company giving
is not to be released.
EM /st
Attachment
cc: Tom Merrell
Stephen Chamberlain
Larry Freeman
matter, please advise me. I have attached
that company firm direction that the bond
Dawn Schanderl
John Shaw
Ted Simon
ORV(i V"
March 23, 1990
Mr. Ronald M. Bergland
Mr. Mark D. Millard
National Indemnity Company
P.O. Box 7008
Pasadena, CA 91109
q1((`\� 1961
•_1/7P\
M(ME(Rs OI 1r1 c ..
AN1MOhY. F..AL
LAWRENCE (
RENNET"
DART L."AUSOORIER
P M ILLIP R 5CMWAPI}(
CITY MANAGER
STEPNEN B JULIAN
Re: Surety Rider - Bond No. NA100660 - Marbella Development Company
Dear Sirss
I am in receipt of a request by the "principal' and the "surety" to consent to changing the
bond amount (see attached documentation). Please be advised that the City of
San Juan Capistrano will not reduce the bond amount as requested.
Marbella Development company has not completed the rough grading to the satisfaction
of the City and there is continuing dialogue between the City and Marbella over grading
issues.
Also, be advised that this bond may be reduced only by resolution of the City Council.
Until all grading issues have been resolved and the rough grading permit finaled by
Building and Safety, there will be no agreement on the City's part to release said bond.
Should you have further questions, please advise me.
Since
Elaine Martinez
Building Official
EM/st
cc: George Scarborough
John Shaw
Larry Freeman
�J
MEMORANDUM
TO: Tony Foster, Assistant Engineer
9
FROM: Dawn Marie Schanderl, Records Coordinator
DATE: March 10, 1988
SUBJECT: Listing of Marbella Bonds (Tract 12954)
(1) Bond No. 100651 - Public Sewer Improvements, Phase I
Subdivision Faithful Performance and Labor and Material (2 copies each) -
$160,39(.00.
(2) Bond No. 100655 - Public Sewer Improvements, Phase II
Subdivision Faithful Performance and Labor and Material (2 copies each) -
$1 19,730.00.
(3) Bond No. 100658 - Public Sewer Improvements, Phase III
Subdivision Faithful Performance and Labor and Material (2 copies each) -
$179,875.00.
(4) Bond No. 100650 - Public Storni Drain Improvements - Phase I
Subdivision Faithful Performance and Labor and Material (2 copies each) -
$81,915.00.
(5) Bond No. 100654 - Public Storm Drain Improveiuents - Phase 11
Subdivision Faithful Performance and Labor and Material (2 copies each)
$183,085.00.
(6) Bond No. 100647 - Equestrian Fencing
Subdivision Faithful Performance and Labor and Material (2 copies each)
$95,000.00.
Listing of Bonds, MarbePa 2- March 10, 1988
Tract 12954
(7) Bond No. 100649 - Private Storni Drain Improventents - Phase f
Performance Bond (2 copies) $397,353.00.
(8) Bond No. 100653 - Private Stone Drain hnproeements - Phase 11
Performance Bond (2 copies) $79,504.00.
(9) Bond No. 100657 - Private Storm Drain Improvements - Phase III
Performance Bond (2 copies) $193,143.00.
(10) Bond No. 100646 - Public Street Improvements outside Tract 12954
Subdivision Faithful Performance acid Labor and Material (2 copies each)
$95,000.00.
ill) Bond No. 100645 - Public Street Improvements within Tract 12954
Subdivision Faithful Performance and Labor and Material (2 copies each)
$205,000.00.
(12) Bond No. 100648 - Private Street Imorovements - Phase I
Performance (2 copies) $721,011.00.
(13) Bond No. 100652 - Private Street hnpro�ements - Phase II
Performance (2 copies) $217,577.00.
(14) Bond No. 100656 - Private Street Improvements - Phase III
Performance (2 copies) $169,889.00.
(15) Bond No. 100659 - Private Street lntprovenren[s- Phase IV
Performance (2 copies) $526,523.00.
(16) Bond No. 100643 - Subdivision Monuments
Faithful Performance (2 copies) $44,000.00
(17) Bond No. 100644 - florno Creek Channel Improvements
Performance (2 copies) $1,840,000.00.
Tony, please let me know if we have all the required bonds. Thanks!
.kz1«-}�_
i
January 21, 1988
Jon Brown
Fairway Land Company
33971 Selva Road, Suite 130
Laguna Niguel, California 92677
Re: Approval of Final Map, Tract 12954 (Marbella)
MEMBERS OF THE CITY COUNCIL
ANTHONY L. BLAND
LAWRENCE E BUCHHEIM
rtENNETH E. FRIESS
GARY L. HAUSOORFER
PHILLIP R. SCHWARTZE
CITY MANAGER
STEPHEN B JULIAN
Dear Mr. Brown:
The City Council of the City of San Juan Capistrano at its regular meeting held
January 19, 1988, approved Final Tract Map No. 12954.
The Final Tract Map will be forwarded to the County for recording.
If we can be of further assistance, please call.
Very truly yours,
Mary Arin Hanover, CMC
City Clerk
MAH/mac
cc: Director of Public Works
The Keith Companies
Mission Hills Ranch HOA
Stoneridge Estates HOA
Hunt Club Community Association
Malaspina HOA
Aminta N.V.
Lawrence Buchheim
Maurer/Elliott Construction Company
Coral Properties
William W. McKinley
Romarco Realty Corporation
Edwin L. Ryan
Chun Myung Choi
Richard B. Kramer
Robert B. Honeyman, Jr.
John D. Pollak TR
Joseph P. Sokol
Harold E. Christensen, Tr.
32400 PASEO ADELANTO. SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171
0 0
AGENDA ITEM January 19, 1988
TO: Stephen B. Julian, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Approval of Revised Final Map, Tract 12954 (Marbella)
YTI IATION
Following the City Council's acceptance of the Final Tract Map for the Marbella Project
on September 15, 1987, minor adjustments in grading were reviewed and approved by the
City staff. To facilitate these adjustments in grading, slight adjustments were required
to the lot boundaries within the tract. The new map will replace the prior approval and
is in conformance with the approved Tentative Tract Map, has been reviewed and
checked by the Engineering Division staff, and has been found to be in conformance with
the Subdivision Map Act. The conditions included in approving Tentative Tract Map
12954 have been met. All agreements, deferred fee schedules and bonds are still in
force.
NOTIFICATION
Property Owner/ Developer, Project Engineer, Adjacent Homeowner Associations,
Adjacent Property Owners
COMMISSION/BOARD REVIEW, RECOMMENDATIONS
The project has been reviewed and approved by the Environmental Review Board, and
Equestrian, Traffic and Transportation, and Planning Commissions. The CC&R's have
been approved by the City Attorney and reviewed by the Engineering Division and the
Community Planning and Development Department. The project was reviewed by the
Parks and Recreation Commission at their meeting of March 16, 1987.
FINANCIAL CONSIDERATIONS
All fees and bonds have been posted as required by the previously approved Subdivision
Improvement and Reimbursement Agreements.
ALTERNATE ACTIONS
1. Approve Final Map, Tract 12954.
2. Do not approve Final Map, Tract 12954.
3. Request further information from Staff.
RECOMMENDATION
By motion, approve Final Map, Tract 12954. Direct the City Clerk and City Engineer to
execute the Final Map. Additionally, direct the City Clerk to record the above docu-
ment.
Respectfully submitted,
W.�
W. D. Murph �7
WDM/RAF:nb
0 0
List -52 (1-19-88 Agenda Item)
Approval of Final Map, Tract 12954
(The Marbella Dev. Company)
Property -Owner /Developer:
Fairway Land Company
33971 Selva Road, Suite 130
Laguna Niguel, CA 92677
Attn: Jon Brown
Project Engineer:
The Keith Companies
200 Baker Street
Costa Mesa, CA 92626
Attn: Will Wheeler
Adjacent Homeowner Associations:
Mission Hills Ranch HOA
P.O. Box 711
San Juan Capistrano, CA 92693
Stoneridge Estates Homeowners
Association
22202 Bosque
Mission Viejo, CA 92691
Attn: Jerry Harper
Hunt Club Community Association
30871 Steeplechase Drive
San Juan Capistrano, CA 92675
Attn: Joan Lewis
Malaspina Homeowners Association
26902 Pase Cardero
San Juan Capistrano, CA 92675
Attn: Robert Foresman
Adjacent Property Owners:
Aminta N.V.
c/o Cox, Castle, and Nicolson
2049 Century Park East, 28th Floor
Los Angeles, CA 90067
Mr. Larry Buchheim
32012 Avenida Evita
San Juan Capistrano, CA 92675
Adj. Property Owners, Continued:
Maurer/Elliott Construction Company
14841 Yorba Street
Tustin, CA 92680
Coral Properties
Box 2006
Tustin, CA 92681
William W. McKinley
31050 Los Cerritos
San Juan Capistrano, CA 92675
Romarco Realty Corp
P.O. Box 338
San Juan Capistrano, CA 92675
Edwin L. Ryan
31311 Los Cerritos
San Juan Capistrano, CA 92675
Chun Myung Choi
34111 Pacific Coast Highway
San Juan Capistrano, CA 92675
Richard B. Kramer
31352 Avenida Los Cerritos
San Juan Capistrano, CA 92675
Robert B. Honeyman Jr.
P.O. Box 607
*an Juan Capistrano, CA 92675
Harold E. Christensen TR
31354 Los Cerritos
San Juan Capistrano, CA 92675
John D. Pollak TR
31332 Ave Los Cerritos
San Juan Capistrano, CA 92675
Joseph P. Sokol
31312 Ave Los Cerritos
San Juan Capistrano, CA 92675
�yF,ac
c►
J9 �- G � � �� j Y�,&�
,j,s +• *LOCATION MAP
11;71fllj
TRACT 12953 MARBELLA
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AGENDA ITEM
TO: Stephen B. Julian, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: Reduction of Bonds. Tract 12954 (Marbella)
C�
September 5, 1989
SITUATION
The Fairway Land Company,
developer of the above -referenced tract, has requested
their sureties (Bonds) for the public improvements and private
roadways be reduced based
on completion of work
listed below. Staff recommends a reduction of bonds as a great
percentage of work has
been completed.
Bond # Amount
Purpose
Cost to Complete
100644 $1,840,000
Horno Creek
$12,000
Performance, Labor & Material
100647 95,000
Equestrian Fence
5,000
Performance, Labor & Material
100648 721,011
Private Street, Phase 1
45,000
Performance Only
100652 217,577
Private Street. Phase Il
30,000
Performance Only
100656 169,889
Private Street, Phase III
25,000
Performance Only
100659 526.523
Private Street, Phase IV
50,000
Performance Only
100649 397,353
Private Storm Drain. Phase 1
5,000
Performance Only
100653 79,504
Private Storm Drain, Phase II
2,500
Performance Only
100657 193,143 Private Storm Drain, Phase 111 2,500
Performance Only
100654 $183,085 Public Storm Drain, Phase II $1,000
Performance, Labor & Material
FOR CITY COUNCIL AGEN041,t
September 3, 1987
MEMBERS OF THE CITY COUNCIL
ANTHONY L. BLAND
LAWRENCE F. BUCHHEIM
KENNETH E. FRIESS
GARYL. HAUSDORFER
FRILL IP R. SCHWARTZE
CITY MANAGER
STEPHEN B JULIAN
The Fairway Land Company/ Marbella Development Company
33971 Selva Road, Suite 130
Laguna Niguel, California 92677
Attention: Jon Brown
Re: Fees/Sureties, Tract 12954
Dear Mr. Brown:
This letter will supercede and void the August 20, 1987 letter setting fees and
sureties for Tract 12954. Prior to Council acceptance of Final Map 12954, the
following fees and sureties are required:
Fees
Map Submittal $ 1,000
Improvement Plan Check 158,800
Development Inspection 158,300
Sewer Cap Fee (20 R.esid=_ntial Units) 63,300
Sewer Cap Fee (48,275 Sq.Ft. Commercial -Initial Phase) (101,860)
Drainage Fee 55,524
Park do Recreation ($879,914) **
Agricultural Preservation ***
19% of Traffic Signal - Rancho Viejo Rd. 23,750
6.9% of Trabuco Creek Bridge Improvement ($114,196) ****
*Sewer capacity fee for the country club is deferred until building permit
issuance or December 1, 1987, which ever comes first.
**Parkland - Lot B of Tract 12954 to be granted to the City to satisfy the
Park and Recreational Fee.
***Agricultural Preservation Fees are deferred until building permit
issuance.
****Trabuco Creek Bridge Improvement Fee to be deferred and to be repaid
from the collected System Development fees from the development.
Funding schedule to be included in the Street Reimbursement Agreement
executed with the Final Map.
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171
Mr. Jon Brown
• " September 3, 1987
Page Two
Surety Requirements - Both Subdivision Faithful Performance and
Labor/Material Sureties are required for the following Improvements:
Public Street Improvements Within Tr. 12954 205,000
Public Street Improvements Outside Tr. 12954 (Endevco) 95,000
Public Sewer Improvements 460,000
Public Storm Drain Improvements 265,000
Equestrian Fencing 95,000
The following improvements require a Performance Surety only:
Horno Creek Channel Improvements 1,840,000
Private Street Improvements 1,635,000
Private Storm Drain Improvements 670,000
The following work requires a Faithful Performance - Public Work Surety:
Monumentation 44,000
Your bonding company must be on the attached City approved Bonding Company
List. Please have your bonding company use the enclosed City bond forms and
submit two copies to the City.
Letters of credit may be used with the approval of the City Attorney and should be
submitted on forms supplied by him.
Deferred Sewer Capacity Fee:
Due 12/1/87 Payment for 150 Units and
Commercial Fee ($101,860)
Due 12/1/88 Payment for 130 Units
Due 12/1/89 Payment for 47 Units
Street light advanced energy charges will be billed to the developer upon final
approval of the street lighting pian.
Fees required by other agencies shall be paid in accordance with the regulations of
such agency.
Two copies of the attached Subdivision Agreement should be signed and notarized'A/°J
61
All fees (except future), sureties, proof of liability insurance and agreements shall
be submitted to the City no later than noon, Tuesday, September 8. Should you
require additional information, please contact me.
Very truly yours,
" IPt-Z11,11-t! �el
Theodore G. Simon
City Engineer
TGS/RAF:nb
MEMORANDUM
TO: John Shaw, City Attorney
FROM: Mary Ann Hanover, City Clerk
DATE: September 21, 1987
SUBJECT: Surety , Subdivision Im rovement and Reimbursement Agreements
Tract 12954 Marbella Development Company
Glenn indicated that great care should taken to be sure the above-mentioned agreements
are in order and that clarification be obtained with regard to the change from Fairway
Land Company to Marbella Development Company before they are recorded and the
Developer's copies forwarded.
The Performance Bond for grading improvements is attached. Orange County Probate
indicated that Margaret E. O'Brien, Attorney in Fact listed on the bond, has a $2 million
dollar limit. The amount of the bond is $8,208,655.00.
Please review the attached agreements and bond and let me know if they are in order.
��MARY ANN HAN R
MAH/mac
MEMORANDUM
TO: John Shaw, City Attorney
FROM: Mary Ann Hanover, City Clerk
DATE: September 21, 1987
SUBJECT: Suretv. Subdivision Improvement, and Reimbursement A¢reemenre
Glenn indicated that great care should taken to be sure the above-mentioned agreements
are in order and that clarification be obtained with regard to the change from Fairway
Land Company to Marbella Development Company before they are recorded and the
Developer's copies forwarded.
The Performance Bond for grading improvements is attached. Orange County Probate
indicated that Margaret E. O'Brien, Attorney in Fact listed on the bond, has a $2 million
dollar limit. The amount of the bond is $8,208,655.00.
Please review
�the
attached agreements and bond and let me know if they are in order.
MARY ANN HAN R
MAH/mac
�����orl
September 22, 1987
Jon Brown
The Fairway Land Company
33971 Selva Road, Suite 200
Laguna Niguel, California 92677
Re:
Dear Mr. Brown:
nd
MEMBERS OF THE CITY COUNCIL
ANTHONY L. BLAND
LAWRENCE P. BUCHHEIM
KENNETH E. FRIESS
GARY L. HAUSOORFER
PHILLIP R. SCHWARTZE
CITY MANAGER
STEPHEN B JULIAN
The City Council of the City of San Juan Capistrano at its regular meeting held
September 15, 1987, took the following actions:
1. Approved the Surety Agreement for Grading, Landscaping, and On -Site
Improvements for Tract 12954.
2. Approved the Subdivision Improvement Agreement for Tract 12954.
3. Approved the Reimbursement Agreement for Tract 12954.
4. Approved the Final Map for Tract 12954 with three modifications to the
Tentative Map involving utilization of Lot B and the deferral of the Sewer and
Agricultural Preservation Fees.
A copy of each of the above-mentioned Agreements is enclosed for your information.
The City's copies of these Agreements have been forwarded to the County for
recording.
:12400 PASEO ADELANTO. SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 499-1171
Jon Brown
The Fairway Land Company September 22, 1987
-2-
Thank you for your cooperation. If we can be of further assistance, please call.
Very truly yours,
Mary Ann H over, CMC
City Clerk
MAH/mac
Enclosures
cc: Director of Community Planning and Development
The Keith Companies
Leighton be Associates
Robert Foresman
Joseph P. Sokol
John D. Pollak TR
Harold E. Christensen TR
Robert B. Honeyman, Jr.
Richard B. Kramer
Chun Myung Choi
Edwin L. Ryan
Romarco Realty Corporation
William W. McKinley
Coral Properties
Maurer/Elliott Construction Company
Lawrence Buchheim
Aminta N.V.
Malaspina Homeowners Association
Hunt Club Community Association
Stoneridge Estates Homeowners Association
Mission Hills Ranch Homeowners Association
AGENDA ITEM September 15, 1987
TO: Stephen B. Julian, City Manager
FROM: Thomas G. Merrell, Director
Community Planning and Development
SUBJECT: Surety Agreement for Grading and Improvements, Tract 12954 (The Marbella
Development Company)
SITUATION
A. Applicant
Mr. Jon Brown
The Fairway Land Company
33971 Selva Road, Suite 200
Laguna Niguel, CA 92677
Engineers
The Keith Companies
2900-B Bristol Street
Costa Mesa, CA 92626
Attention: Mr. Aram Keith
Mr. Will Wheeler
Leighton & Associates
1151 Duryea Avenue
Irvine, CA 92714
Attention: Mr. Lan N. Pham
B. Summary and Recommendation - The City's Municipal Code Section 8-5.10 (a)
specifies that permits for grading shall not be issued unless the permittee first
posts a bond with the Building Official. This bond must be enough to cover the cost
of the project, including the construction of drainage and protective devices and
any corrective work necessary to remove and eliminate engineering and geological
hazards.
This surety agreement describes, in detail, the work covered by the grading permit,
the design documents which illustrate the extent of the work, the geological
investigation reports that substantiate the design, the conditions under which the
grading permit is issued, the amount of the required bond, and any other pertinent
conditions relative to the work and the surety bond. Also, in accordance with the
conditions of approval of the Tentative Tract, this agreement requires the
completion of the 18 hole championship golf course (with temporary operation and
maintenance facilities). An approved dust control program is also part of this
agreement.
City policy requires that developers of a project involving major grading, such as
this one, execute a formal surety agreement. This agreement must be approved by
the City Council prior to issuance of a grading permit for the project.
This agreement was approved by the City Attorney and has been executed by an
authorized officer of Marbella Development Company. Staff recommends the City
Council accept the Surety Agreement and authorize the Mayor to execute it.
a v •%..'°_ .Rh. 6c+ 113 OL
0 0
Agenda Item -2- September 15, 1987
C. Background - In June 1987, the City Council approved Tentative Tract Map 12954
for the Marbella Country Club. In June 1987, The Keith Companies, on behalf of
the developer, filed grading plans and geotechnical reports with Community
Planning and Development and made application for grading and on-site
improvement permits. The plans and reports have been reviewed by the Planning
and Development Services Divisions to verify compliance with all applicable codes
and conditions of approval.
The City Council Resolution No. 87-6-2-8 requires that the developer of this
project execute a formal surety agreement with the City and that the agreement
be approved by the City Council prior to issuance of grading permits for the
project.
D. Staff Findings
1. Code Conformance - The reviews of the developer's documents revealed that
the documents are in conformance with all applicable codes and comply with
the conditions of approval.
2. Key Issues - The Surety Agreement addresses several areas of particular
concern. These issues and a brief description of each are stated below:
1) In accordance with the conditions of approval of the Tentative Tract,
this agreement requires the completion of the 18 hole championship golf
course (with temporary operation and maintenance facilities). An
approved dust control program is also part of this agreement.
2) Permit Issuance - Grading Permit 954G would be issued after City
Council approval of the Surety Agreement and the Final Tract Map and
after the developer has posted the required bonds and has secured
clearances from all required agencies.
3) Quantity of Earthwork - The grading operations which will occur within
Tentative Tract 12954 will involve approximately 7,864,000 cubic yards
of balanced cut and fill. In addition, remedial earthwork is expected to
involve 1,525,000 cubic yards.
4) Phases of Construction - Mass grading will be permitted during the
rainy season October 15 through April 15) in accordance with the
approved erosion control plans on file with the Department of
Community Planning and Development.
5) Sequence of Operations - A Tree Removal Permit (citrus trees) has been
issued to the developer. The developer has applied for a tree removal
permit (trees other than citrus) and a demolition permit for those
structures in the path of construction. The developer hopes to perform
that work prior to the issuance of the grading permit. Grading
operations will begin in the Northeasterly portion of the site and
proceed Southwesterly. The initial work will involve the placement of
shear keys. Grading may occur on the up-slope side of shear keys to
remove the overburden soil and reduce surcharge creating a visual
"checkerboard" throughout the site.
0 0
Agenda Item -3- September 15, 1987
Biweekly reports will be filed by the supervising civil and soils engineers
during all grading operations and daily inspections will be conducted by
Field Services Section of Community Planning and Development. A
special inspector, employed by the owner, shall observe on-going daily
work under direction of Development Services Administrator.
Following tree removal and demolition, final rough grading and
construction of building pads for the model complex and clubhouse,
streets and golf course will occur. A similar operation will then occur
for the balance of the project followed by the precise grading for the
golf course and landscaping and irrigation system installations. Since
the Horno Creek channel and storm drain systems are under the purview
of the Public Works Department, the entire operation will be closely
coordinated with them.
6) Erosion Control - Because all of the grading and landscaping operations
cannot be completed prior to the start of the rainy season October 15,
1987, extensive attention has been devoted to preventing and
controlling erosion in all areas where grading or grubbing work will have
taken place. An erosion control plan has been prepared and submitted
to the City for approval.
7) Access - Construction traffic and grading equipment traffic will take
access only from the North along Rancho Viejo Road. Traffic control
and specific time frames for heavy equipment movement will be
required of the developer. An Encroachment Permit (haul route) issued
by the Public Works Department is required prior to issuance of the
grading permit.
8) Building Construction - Building permits for buildings shall not be issued
until after rough grade approval and Final Tract Maps have been
recorded.
PUBLIC NOTIFICATION
None.
OTHER BOARDS AND COMMISSIONS
The Planning Commission has reviewed and approved of the grading plan covered by this
item.
0
Agenda Item
FINANCIAL CONSIDERATIONS
None.
ALTERNATE ACTIONS
-4- September 15, 1987
1. Accept the attached Surety Agreement and authorize the Mayor to execute it on
behalf of the City.
2. Accept the attached Surety Agreement with modifications.
3. Request further information.
RECOMMENDATION
By motion, accept the attached Surety Agreement for Grading, Landscaping, and On -Site
Improvements (Including Golf Course), authorize that it be executed by the Mayor, and
direct that it be recorded by the City Clerk.
Respectfully submitted,
Thomas G. Merrell, Director
Community Planning and Development
TGM:ALC:MG:ms
Attachments
aimarbella
0
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL RETURN TO
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Il
E
W
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 general 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:
0 0
(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.
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 I1 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. Liabilitv. 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.
0
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
B . By: G!G�
Fair ay Land ompany Anthony L land
on T. row
Title: President
Approved as to Form:
Attorney
Title: Mayor
Attest:
77id1�G�,_
M Ann Hanover
City Clerk
EXHIBIT "A"
(Marbella Development Company)
Item 1: 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.
(E) 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.
RESOLUTION NO. 87-6-2-8• 36
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, 650-111-09, 650-112,02, 650-112-03, 650-112-04, 650-151-23, 650-152-10,
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 Boar¢ 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.
5. 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.
-1-
EXHIBIT - B
3"70., • •
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-
�xample, if a cut slope
shall be bent to simulate
ravines (generally a fill
use conclave contouring
• 3
is across a knoll the graded slope contours
the previous natural element (knoll). With
operation), the manufactured slope shall
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 96-
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-
37z
9. Vehicular Access Rights - Vehicular access rights to Rancho 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
feet curb -to -curb with
way 90 feet).
Viejo Road to Street "B" shall be 70
bikeway/pedestrian trail (right -of -
(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-
3
13. Soils•bsidence 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 boundazy that will jointly
serve adjacent properties. Said access to be signalized.
17. Homo 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. 5).
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-
3'74
19. Fire Station Relocation - The applicant shall 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 Vieio 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,
t 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 5.2.5 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-
376 • •
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.
ANTHONY BL D, MAYOR
ATTEST:
�
CITY CLERK,;
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I,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: CouncilmannBBucchjheim
(SEAL) 'i ,
MARY ANN HAP VER, CITYK
10
• • . 3"71
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 12931# (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 V , CITY CLERK
San Juan Capi' rano, California
CHECK LIST
ORD. NO. RES. NO. V 7• % 3
Mayor has signed
T Clerk has signed
City Seal stamped
All blanks typed in
"Absent"
"Noes" -tom
"Abstain"
Copies sent to post rd. dist.
file
mail certified
T11 f-70
— Legal Publication ordered to be published
(date) —
�t No. Printed copies required
Remarks lQe✓ISeo( 91'211F%
-9-
F3
.. • PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
n
LJ
DRAFT
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
into a (describe agreement) Surety Agreement for gradi
entered
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___, at
California.
PRINCIPAL
APPROVED AS TO FORM
(NOTARIZATION AND SEAL)
John R. Shaw, City Attorney
SURETY
(NOTARIZATION AND SEAL)
EXHIBIT C
�4.
0
keting the Horne improvement Program policies, application cedures,
eligib dgtermination, property, evaluation, loan documents, d ursement of
funds an nitoring of the program. The manual is designed use in City-wide
programs and i of specifically for the Los Rios Home Imp em Program. The
report advised tha e Home Improvement Program in e Los Rios area had been
modified to offer Defe d Payment Loans of up 7,500 to landlords in the Los
Rios area. Grants of up t 000 may be o red to low- and moderate -income
owner/occupants in the Los Ri area; i e grant is not enough to cover the
necessary eligible repairs, the prope rowner may also be eligible for a Deferred
Payment Loan of up to $5,000. ese ds may only be used to make eligible
repairs as defined by the Bloc rant Program.
Approval of Home Im vement Program Policy and Pr3tadures Manual
It was moved b ouncilman Hausdorfer, seconded by Co lman Buchheim and
unanimously arried to approve the Home Improvement Pr am Policy and
Procedu Manual for use in the City's Community Developmen lock Grant
OF SURETY AGREEMENT FOR GRADING AND
Citing a conflict of interest, Councilman Buchheim left the Chamber.
T
Written Communications:
Report dated September 15, 1987, from the Director of Community Planning and
Development, forwarding a Surety Agreement for Grading, Landscaping, and On -Site
Improvements for Tract 12954, as required by City policy. The agreement addressed
particular areas of concern, including completion of the 18 -hole championship golf
course, permit issuance, quantity of earthwork, phases of construction, sequence of
operations, erosion control, access, and building construction.
The Director of Community Planning and Development made an oral report, noting
that the Surety Agreement provided for a bond in an amount sufficient to complete
the golf course and temporary operation and maintenance facilities, if necessary.
Robert Foresman, 26902 Paseo Cardero, cited concerns that he be afforded a
measure of protection from dust and damages. He stated that the surety bond did
not address the issue to the extent he had been led to expect. He stated he would be
agreeable to discussing the issue with the developer or staff.
Discussion ensued regarding the required dust control program and whether it was
appropriate to provide protection from dust and damages through the bond process.
The City Attorney stated that protection should be provided through the dust control
program rather than bonding. If damage occurred, the City's nuisance program could
be activated whereby the developer would be held responsible. Councilman
Hausdorfer stated that if damage occurred and satisfaction was not forthcoming, the
City had the right to stop the job.
Approval of Agreement:
It was moved by Councilman Friess, seconded by Councilman Hausdorfer and
unanimously carried with Councilman Buchheim absent to approve the Surety
-8-
9/15/87
0
4P
Agreement for Grading, Landscaping, and On -Site Improvements (Including Golf
Course). Thi Mayor and City Clerk were authorized to execute the Agreement for
forwarding to the Orange County Recorder.
Dust Control Program:
It was moved by Councilman Friess, seconded by Councilman Hausdorfer and
unanimously carried with Councilman Buchheim absent to direct the Director of
Community Planning and Development to meet with Mr. Foresman and the developer
to develop an appropriate dust control program that will be acceptable to all parties.
1. `.QPPROVA
AGREE
Written ommunications:
Report d ed September 15, 1987, from the Director of Public Wor , advising that
the Final , ap for Tract 12954 had been found to be in conf mance with the
Subdivision p Act and all conditions of approval which ere to have been
implemented p 'or to approval of the Final Map were comp ted. The report set
forth staff reco endations regarding major issues that h been addressed during
development review which included:
(1) Acceptance of L B, related easements and i provements in lieu of
the Park and Recre ion fees;
(2) Acceptance without coVbetthe
on the west side of Rancho
Viejo Road for public in;
(3) Approval of a Reimbufor construction of Rancho
Viejo Road improvemertherly tract boundary and
Junipero Serra Road;
(4) Deferral of payment of wer ho -up fees to coincide with the
mended construction sc dule, since h\titissuance
rt is controlled by a
growth allocation sched e;
(5) Deferral of Agricu ural Preservation suance of building
permits, since the roject is controlled bllocation schedule.
A roval of A ree nts)Final Ma :
It was moved by ouncilman Hausdorfer, sencilman Schwartze and
unanimously c ied with Councilman Buchhprove the Subdivision
Improvement greement, the Reimbursemet, d Final Tract Map
12954 with e following modifications:
(1) A/ceptance of Lot B, related easements and improvementsi lieu of
ark and Recreation fees;
Waiver of the payment of Sewer and Agricultural Preservation Fees t
this time, subject to the payment schedule in the Subdivis:o
9/15/87