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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 IM a.Hg11Y q CDI,. 21 D::: Q i 9.5 xv:- - a T )I , ;LIREiI - D THE: .1 P. � 5 T iEA: rSEr 1 i� Int - Lagu- 7 T IIS :'l 1: - -F 4 -.e. NOT'h !! 1 '4' �m BEIS IilU 70NF !i lC — V 'I :I ill � x x it nil f x% o It x� r do 4U' :B.E: - 1T Or I kL 4- i It Jr 4— E%CE .I/ EI o'x IP ;11 I) , W :El S E. I Y �YrHEf II EClip I D It j ht :c t d Cis E. d, IE;: C_ n. i ::LT1 Ie I :1 .A -o -.r 3240 11 U Att[ k T C' I if 5 1 Ic E W M .7F is T "I --E I- _ CHS'" '�TE DI"fS UC��gMf 'n up R ,E _-c, IE '7 CIPS ;C4i:RAG J 1 2 ) a T M 7 -E '. Ef"' C-" IE Y :I J A - HE .TI. E _ :T EE—A!- L I : - C r_ - . 4P L -.. 'U -.AN G u ), R M'v )f R w ,E MI N' — — f L M El c I I i — M T C' I if 5 1 Ic E W X. I Y is r .^, LI J )F Ri -E E )f o, W l( E IN -ry c=, I I AM :) ..- N 3E B4 r .^, LI J )F Ri -E E A E i • 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 . -l// S:�, ��E It MN . \+aofLt u 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