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04-1222_PUEBLO SERRA WORKSHIP HOLDINGS_ Release 32400 PASEO ADELANTO MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO, CA 92675 ALLIEV li (949) 493-1771 SAM LLEVATO (949) 493-1053 PAXjJ RnINIllF1 THOMAS W.HRIBAR • IAll115111 1961 MARK NEILSON www sanjuancapistrano.org 1776 � JOE SOTO DR LONDRES USO April 3, 2008 Insurance Company of the West PO Box 85563 San Diego, CA 92186-5563 Re: Release of Bond: Dear Sir or Madam: This letter is to inform you that the following bond issued for Pueblo Serra Worship Holding for grading at 26500 Junipero Serra Road is officially released: BOND NO. PURPOSE AMOUNT 212 65 42 Off-site improvement plan (Oso Street) $ 680,000.00 The City of San Juan Capistrano hereby fully and forever releases and discharges Insurance Company of the West from any and all liability under the abovementioned bond number. The original — released — document is enclosed. If you have any questions, please do not hesitate to call me at (949) 443-6308. Very truly yours, Me onah n, MMC Ci Clerk Enclosures as noted cc: (Letter copy only) John Moody, Pueblo Serra Worship Holdings, 2532 Dupont Drive, Irvine, CA 92612; Nasser Abbaszadeh, Engineering & Building Director; Sam Shoucair, Senior Engineer San Juan Capistrano: Preserving the Past to Enhance the Future CJ Prinletl on 1N% RCydW PB�I Bond No. : 212 65 42 Premium $9, 520. 00 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: Pueblo Serra Worship Holdings, That a California Non-Profit Religious Corporation as Principal, hereinafter called CONTRACTOR, and Insurance Company of the West 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 Six. Hundred Eighty Thousand and No/100's************ 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 14, 2004 entered into a (describe agreement): T O££-Site Improvement Plan. 0.50 IF _ 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 perforin 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. RELE F DaW aty Clerk �/ of � 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 22nd --. day of December 20 04 , at Laguna Niguel California. PRINCIPAL Pueblo Serra Worship Holdings, a California Non-Profit Religious Corporation APPROVED AS TO FORM (NOTA NAND FAL) B o y R. Busch JOT R. SHAW, CITY ATTORNEY Its: Chief Executive Officer SURETY Insurance Compan of the West John G. Rookoo edes Attorney-in-Fact (NOTARIZATION AND SEAL) �a� Bond No. : 212 65 42 Premium : Included in Performance Bond LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, hereinafter called "City", has permitted the construction of certain improvements to Pueblo Serra Worship Holdings, a California Non-Profit Religious Corporation hereinafter called "Contractor"; and, WHEREAS, said improvements are more particularly described as follows: Oso Parkway street improvements. : and, WHEREAS,the Contractor is required to furnish a laborand material bond pursuant to the statutory requirements of the San Juan Capistrano Municipal Code to guarantee that if said Contractor, or any of his or its sub-contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work to be done, or for any work or labor done thereon of any kind, the surety or this bond will pay the same. NOW, THEREFORE, we, the Contractor, and Insurance Company of the West , as surety, are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of six Hundred Eighty Thousand and No/1 00's*********** DOLLARS ($_6801-000.00******), lawful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves,our heirs,executors,administrators and successors,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs,executors,administrators,successors or assigns,or sub-contractors,shall fail to pay for any materials,provisions,provender,or teams, or other supplies or equipment used in, upon, for or about the performance of the work to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division 5, Chapter 3 of the Government Code of California as amended,that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suit brought upon this bond. As a part of the obligation secured thereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Contractor and surety herein named on the 22nd day of Degzmher 200 4. The name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. Pueblo Serra Worship Holdings, a California Non-Profit Religious CONTRACTOR Corporation By Insurance n SURETY By _ John G. Rookoo es Attorney-in-Fact APPROVED AS TO FORM JOH HAW, CITY ATTORNEY No. 0000733 ICW GROUP Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West,a Corporation duly organized under the laws of the State of California,The Explorer Insurance Company,a Corporation duly organized under the laws of the State of Arizona,and Independence Casualty and Surety Company,a Corporation duly organized under the laws of the State of Texas,(collectively referred to as the"Companies"),do hereby appoint JAMES G.BRAKKE,JOHN G.KOOKOOTSEDES their true and lawful Attomey(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings, and other similar contracts of suretyship,and any related documents. In witness whereof,the Companies have caused these presents to be executed by its duly authorized officers this loth day of January,2001. t44ar.wy F W SbA µDa INSURANCE COMPANY OF TILE WEST avoqIr'eb THE EXPLORER INSURANCE COMPANY �4MwMIr° • yd' u0 k ;I SEAL� n INDEPENDENCE CASUALTY AND SURETY q+Acx,,tom` * mss, P o 0 r COMPANY John H.Craig,Assistant Secretary John L.Hamann,Executive Vice President State of California ss. County of San Diego On December 5,2003,before me,May Cobb,Notary Public,personally appeared John L.Hannum and John H.Craig,personally known to me to be the persons whose names are subscribed to the within instrument,and acknowledged to one that they executed the same in their authorized capacities,and that by their signatures on the instrument,the entity upon behalf of which the persons acted,executed the instrument. ��qM�qI of Witness my hand and official seal. , RY COBB CONI V Conrmisx SAN OIEGO On Eryit= SEPTEMBER 20.2005 Mary Cobb,Notary Public RESOLUTIONS This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: 'RESOLVED: That the President,an Executive or Senior Vice President of the Company,together with the Secretary of any Assistant Secretary,are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attomey(s)-in-Fact to date,execute,sign, seal,and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,add any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment,and the signature of any officer certify hig the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of anv notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall hove the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing, or photocopying." CERTIFICATE I,the undersigned,Assistant Secretary of Insurance Company of the West,The Explorer Insurance Company,and Independence Casualtv and Surety Company,do hereby certify that the foregoing Power of Attorney is in full force and effect,and has not been revoked,and that the above resolutions w2te duly adopted by the respective Boards of Directors of the Companies,and are now in full force. IN WITNESS WHEREOF,I have set my hand this 22nd _dayof December 2004 John H.Craig,Assistant Secretary To verify the authenticity of this Power of Attumay yon fray call 1-$(W-$57-i 111 and ask for the Surety Division. Please refer to the P01Nzr of Attorney Number, the above named individual(s)and details of the bond to which the pnwsr is attached. For information or filing claims,please contact Sdrety Claims,ICW Group, 11455 EI Camino Real,San Diego,CA 92130-2045 or aril(353"y`0-2400. STATE OF CALIFORNIA SS. COUNTY OF ORANGE On DECEMBER 22. 2004 before me, MICHELLE M. NASRALLAH PERSONALLY APPEARED JOHN G. KOOKOOTSEDES personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized •` ,��,.,, capacity(ies), and that by his/her/their signature(s) on the MICHELLE M. NASRAO,,I-i instrument the person(s), or the entity upon behalf of which '�� Commission k 1383291 the person(s) acted,executed the instrument. .,.:"- Notary public - Colifornta P :�: r Orange County My Comfn.Expires NOV 4, 0(n, WITNESS my hand and official seal. Signature This area for Official Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OF TYPE OF DOCUMENT TITLE{sl ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NW E OF PERSON(S)OR EMITYIIESI SIGNER(S)OTHER THAN NAMED ABOVE Io-oet Rev.siea ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) SS. COUNTY OF ORANGE ) On December 29, 2004 before me, Catherine L. Danker , a Notary Public, personally appeared TIMOTHY R.BUSCH X 1 personally known tome -OR- [ ] proved to me on the basis of satisfactory evidence to /be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. CATHERINE L DANKER i o 7311 • NOTARY PU LIC C3ALIFORNIA@ SIGNATURE OF NOTARY 2 ORANGECOUNIY 0 COMM.EXP.JAN.30,2006- OPTIONAL Though the data below is not required by law,it may prove valuable to persons retying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT [] INDIVIDUAL(S) [] CORPORATE OFFICER(S) [] PARTNER(S) []LIMITED TITLE OR TYPE OF DOCUMENT []GENERAL [] ATTORNEY-IN-FACT [] TRUSTEE(S) NUMBER OF PAGES [] SUBSCRIBING WITNESS [] GUARDIANICONSERVATOR DATE OF DOCUMENT [I OTHER: SIGNER IS REPRESENTING _ NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE PUEBLO SERRA «'ORSI1IP HOLDING'S 2533 M-PONT I)MVE IRVINE, (A 92612 PHONE: (949) 474-7368 FAX: (949) 474-7732 December 29,2004 VIA HAND DELIVERY City of San Juan Capistrano Attention: Genny Devries 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Re: JSerra fligh School Project/City Bond Requirement Our File No. 2364-1-4.9 Dear Genny: Fnclosed please find seven (7) executed and notarized Performance Bonds for the following off-sites improvements: 1.0 Public Streets and Traffic Control $ 419,857 2.0 Public Storm Drain $ 435.21-5 3.0 Public Sewer $ 8,184 4.0 Phase 11 Public Streets $ 621,000 5.0 Public Water(in triplicate) $ 70,000 6.0 Oso Parkway $ 680.000 7.0 SDGE $ 143.954 Total Bonds $2.378.220 We have one additional bond which is being ,igned by 'timothy R. Busch today for the Phase 11 Storm Drains, totaling $21,780, which will be delivered to you when City Hall reopens on January 3. 2005. This will bring the total amount of bonds delivered to the City of San Juan to $2,400,000 which satisfies JSerra's bonding requirements in accordance with the Development Agreement. Please do not hesitate to call, if you have any questions in regards to the enclosed bonds. Very trul,4N yours, JOIN F. MOODY Chl�innan of Development JSerra I ligh School (949)474-7368 Ext 102 Cele (949)291-3771 email:jfinnudN l(t:buschfirm.com efav (781)207-6456 J1 %bens MC TRII(.A:DI kchhcck. [Ramlre/:lShim DMciarland JP%I 23641 10 'A HOM 122904('AS c¢kl. II M.01:10 05 23641 10 WIIOM 122904CAS • • , 4/1/2008 AGENDA REPORT D12 TO: Dave Adams, City Manager FROM: Nasser Abbaszadeh, Director of Engineering and Building SUBJECT: Consideration of Relieving of Improvement obligation and Releasing of Corresponding Surety for J-Serra High School South Campus (Pueblo Serra Worship Holdings) (APN: 649-011-25 & 649-011-30) RECOMMENDATION: By motion: 1. Relieve Pueblo Serra Worship Holdings from the obligation of Item 5 of Exhibit A -Traffic Mitigation Requirements - of the project's Development Agreement; and, 2. Authorize the release of the corresponding bond. SITUATION Summary. Background and Recommendation: Staff recommends that the City Council relieve the Developer's redundant obligation from constructing certain street improvements at the Camino Capistrano & Oso Road intersection (Attachment 1) and release the corresponding bond held by the City. On September 7, 2004, the City and Developer entered into a Development Agreement that gave the Developer vested rights to construct the J-Serra High School South Campus. The Development Agreement required the developer to construct certain off- site improvements. Some of these improvements were at the Camino Capistrano & Oso Road intersection at the High School Driveway. Some of these improvements were also required of Saddleback Valley Christian School, and some were part of tentative public projects being reviewed by the Orange County Transportation Authority (OCTA). To date, said improvements are still pending coordination with the OCTA Grade Crossing Study and Crossing Improvement Program for the Oso Road improvements and Metrolink's approval to install the pre-emption for the Camino Capistrano & Oso Road traffic signal operation. However, the OCTA project is well underway. The Development Agreement requires the City to reimburse the Developer for 100% of the cost and expenses incurred by the Developer in designing and constructing the improvements identified as Item 5 of Exhibit A (Attachment 2). Agenda Report • • Page 2 April 1, 2007 The Developer's obligation was to deliver the project, while the entire cost would be borne by the City. Upon reviewing the cost savings to the City and consulting with the City Attorney, Staff is recommending relieving the Developer from the obligation of Item 5 of Exhibit A of the project's Development Agreement and releasing the Corresponding bond in the amount of $680,000, as said improvements will be rolled into the OCTA "Grade Crossing Improvements" currently in design with a projected completion date in April 2010. Staff has recently received the 35% improvement plans from OCTA. The crossing improvements are part of the OCTA Countywide safety improvements that also includes "Quiet Zone" betterments. The OCTA improvement package is comprised of 88% funding with a City matching fund of 12%. The City match is in the City's Capital Improvement Program. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: Not applicable. FINANCIAL CONSIDERATIONS: Not applicable NOTIFICATION: Timothy R. Busch, Chief Executive Officer, J-Serra High School* Don Fishbeck, Bluefin Construction Inc. *Agenda Report included RECOMMENDATION: By motion: 1. Relieve Pueblo Serra Worship Holdings from the obligation of Item 5 of Exhibit A -Traffic Mitigation Requirements - of the project's Development Agreement; and, 2. Authorize the release of the corresponding bond. Respectfully submitted, Prepared , y: Nasser Abbaszadeh, PE Sgoo air Engineering and Building Director Senior Engineer Attachments: 1. Location Map 2. Exhibit A -Traffic Mitigation Requirements JUNIPERO SERRA ROAD 1-5 SAN DIEGO FREEWAY JSerra High School South Campus i YN �V dQ t' u 2 OSO POPO u N LOCATION MAP 0 50 100 200 300Feet ATTACHMENT1 Exhibit A: TRAFFIC MITIGATION REQUIREMENTS A. Mitigation Measures. 1. Camino Capistrano&Junipero Serra Road.At this location, Developer shall construct intersection improvements consisting of.an additional northbound through lane (this shall consist of an additional northbound lane from its intersection with Junipero Serra Road, northerly to a distance of approximately 160 feet, to provide a new entry only, no exit, driveway to align with existing drive aisle in the Sycamore Commons parking lot— the design to be subject to the approval of the City Engineer); a northbound right-tum lane; an additional westbound left-turn lane; and a westbound right-turn lane. Developer shall also construct appropriate and necessary traffic signal modifications to conform to the intersection improvements required under this section. Developer shall complete the above stated work in complete accordance with the plans and specifications for the work prior to student enrollment reaching 501 students. 2. 1-5 Northbound Ramps & Junipero Serra Road: At this location, Developer shall construct intersection improvements consisting of: an additional left- turn lane for the northbound off-ramp in a manner required and approved by Cal-Trans; widen Junipero Serra Road to five lanes between the 1-5 Northbound and Southbound ramps. Developer shall also construct appropriate and necessary traffic signal modifications to conform to the improvements required under this section. Developer shall complete the above stated work in complete accordance with the plans and specifications for the work prior to student enrollment reaching 1501 students. Developer's obligation to construct these improvements shall be subject to a fair share reimbursement agreement with Developer, with a fair share responsibility being limited to 31% of the total cost of the improvements. The remaining cost of the improvements shall be reimbursed to Developer pursuant to the terms of the reimbursement agreement, unless prior to the completion of the improvements required under this section,this improvement shall be added to the City's CCFP Program. If this improvement is added to the City's CCFP Program, not more than 69% of the cost of completion of these improvements incurred by Developer shall be credited against Developer's total allocation of CCFP fees required so that the total amount of CCFP fees required to be paid by Developer are reduced on a dollar-for-dollar basis in an amount equal to the total cost of completion of these of these improvements. 2364hCity of SJC1Exhibit A GPM C12 -�- ATTACHMENT2 3. Camino Capistrano & Del Obispo Street: Payment of CUP fees, or satisfaction of Developer's CUP fee obligation, as provided in this Exhibit A, shall be deemed to be full mitigation for and satisfaction of Developer's obligations for any improvements to this intersection that have been identified as necessary due to the roughly proportional impacts imposed on this intersection by the project. Developer shall not be required to construct these improvements. 4. Junipero Serra Road & Proiect Driveway: At this location, Developer shall construct intersection improvements consisting of: a traffic signal, and a westbound left-turn lane. Engineering plans shall be designed to accommodate an eastbound left tum lane. Developer shall complete the above stated work in complete accordance with the plans and specifications for the work prior to student enrollment reaching 501 students. 5. Camino Capistrano & Oso Road/Proiect Driveway: At this location, Developer shall construct intersection improvements consisting of: improving the intersection of Camino Capistrano and Oso Road/Project driveway by completing construction of a traffic signal, widening Oso Road to two through lanes eastbound and westbound and an eastbound left turn lane and a westbound left turn lane, along with the associated railroad crossing modifications and preemption, grading and landscaping. City shall reimburse Developer for 100% of the costs and expenses incurred by Developer in designing and constructing such improvements. Reimbursement of Developer's costs and expenses shall be paid by City to Developer upon completion of the improvements after City's review of reasonable and customary documentation of such costs and expenses as set forth in the reimbursement agreement to be entered into between Developer and City. Developer shall complete the above stated work in complete accordance with plans and specifications for the work prior to student enrollment reaching 671 students. City will use its best efforts to assist Developer in connection with any railroad crossing improvements, including negotiating and/or documenting any necessary agreements with the Southern California Regional Rail Authority ("SORRA"). 6. Junipero Serra Road from Camino Capistrano along Proiect Frontage:At this location, Developer shall widen Junipero Serra from Camino Capistrano across the project frontage to a four-lane divided roadway with a taper to the existing roadway at the Ultramar Station, which shall be approved by the City Engineer. Dedication of right-of-way required for this improvement, as shown on the approved improvement plans, is required at no cost to the City, prior to completion and acceptance of these improvements. Developer shall complete the above stated work in complete accordance with the plans and specifications for the work prior to student enrollment reaching 501 students. 2364PCity of SJCtExhibh A GPM CL2 -2- 7. Camino Capistrano from Junivero Serra Road to Oso Road/Project Driveway: At this location, Developer shall Widen Camino Capistrano to a four-lane divided roadway. The improvements shall include a five (5) foot Class II on road bike lane on each side of the roadway, including all appurtenant improvements associated with grading and landscaping. Dedication of all required right-of-way to complete such improvements to the City, as shown on the approved improvement plans, is required at no cost to the City, prior to completion and acceptance of these improvements. Developer shall complete the above stated work in complete accordance with the plans and specifications for the work prior to student enrollment reaching 501 students. 8. CCFP Fees: Developer shall pay the statutorily-required CCFP fee as a private school as follows: Developer shall pay the requisite CCFP private school fee for not less than 500 students concurrent with the issuance of the first building permit for the South Campus facilities. Subsequent CCFP fees shall be paid in 100-student increments in advance of student enrollment reaching said thresholds. For example, once enrollment reaches 600 students, CCFP fees for 700 students shall be paid within 60 days of enrollment reaching 600 students. There shall be no refund of CCFP if enrollment drops. Notwithstanding the above, any CCFP fees paid in connection with the development of the North Campus (Sycamore Commons) shall be used as a credit against JSerra's CCFP private school fees. Further, notwithstanding the foregoing or anything to the contrary contained herein, the fair value costs incurred by Developer in completing the improvements specified in Table 1 attached hereto and incorporated herein shall be credited against the CCFP fees due under this Section 8, so that the total amount of CCFP fees required to be paid by Developer are reduced on a dollar-per-dollar basis in an amount equal to the costs to complete the improvements specified on Table 1. In addition, completion of the improvements specified in Table 1 by Developer shall be deemed an accelerated payment of the CCFP private school fees set forth above to the extent that such improvement costs exceed the CCFP fees that would then be payable by Developer based on student enrollment. For example, if the costs payable by Developer to complete the improvements specified in Table 1 exceed the total CCFP fees that would be owed upon student enrollment reaching 2,000 students, no additional CCFP shall be due or payable from Developer thereafter upon completion of such improvements even though the actual student enrollment at the time of completion of such improvements may be less than 2,000 students. Further, provided Developer has posted the bond required under Section B hereinbelow, no CCFP fees will be due by Developer upon issuance of a building permit and Developer may satisfy the CCFP obligations by completion of the improvements specified hereinabove. Prior to Developer commencing construction of any mitigation measures, Developer and City will enter into a reimbursement agreement to provide for CCFP reimbursement payments 2364bCity of WMEXhibit A GPM CL2 -3- and fair share reimbursement payments to Developer, which shall be payable in equal annual installments over a 15 year period. B. Surety Bond Requirements. 1. Developer shall posta Faithful Performance Bond with the City in the total amount of $2.4 million (i.e., 2.4 million as the estimated cost of traffic mitigation improvements) to guarantee performance of the construction of traffic mitigation measures required under this Development Agreement. When construction of specified mitigation measure is completed,the amount of the Faithful Performance Bond shall be reduced, on a dollar by dollar basis, by the total amount of the costs incurred by Developer to construct the completed mitigation improvement. 2. The Surety Bond company shall have a Best Rating of at least B plus. 3. The bond shall be in a form acceptable to the City Attorney. 4. The bond shall be posted within 30 days of the Effective Date of the Development Agreement as specified in section 10.17 of the Development Agreement. Subject to reduction in the amount of the bond as provided above, the bond shall remain in full force and effect until all of the above stated obligations are fulfilled. 23641XCity of SJC1E.Mibit A GPM CL2 -4- ; , 32400 PASEO ADEI ANTO MEMBERS OF THE CITY COUNCIL SAN DUAN CAPISTRANO,CA 92675 % SAM ALLEVATO (949)493.1171 } 01+ IafaAlOAAlt4 THOMAS W HRIaAR (949)493-1053 FAx • t" sunlsxtl 1961 uanca Istrauo.oY JOE SOTELSEN WWW.san � P S V76 JOE OTO • • DR.LONDRES USO NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 6:30 p.m. on Tuesday, April 1, 2008 in the City Council Chamber in City Hall, to consider: "Consideration of Relieving of Improvement obligation and Releasing of Corresponding Surety for J-Serra High School Campus (Pueblo Serra Worship Holdings)(APN: 649-011-25 & 649-011-30)" — Item No. D12. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, March 31, 2008 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Sam Shoucair, Senior Engineer. You may contact that staff member at (949) 443-6355 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancapistrano.oro. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: citvclerk(a)sanivancapistrano.org. Meg Monahan, MMC City Clerk cc: Timothy R. Busch, Chief Executive Officer, J-Serra High School*; Don Fishbeck, Bluefin Construction Inc; Sam Shoucair, Senior Engineer * Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future C� Printed on 100%recycled paper • �see • 312400 PASEO ADELANTO MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 / SAM ALLEVATO (949)493-1171 }/„y�e- mm Bit RRto THOMAS W.HRIBAR (949)493-1053 FAX (RIRluixtp 1961 MARK NIELSEN www sanjuancapistrano.org 1776 JOE SOTO ��. • DR.LONDRES USO April 2, 2008 NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO On April 1, 2008, the City Council of San Juan Capistrano met regarding: "Consideration of Relieving of Improvement obligation and Releasing of Corresponding Surety for J-Serra High School Campus (Pueblo Serra Worship Holdings)(APN: 649-011-25 & 649-011-30)" Item No. D12. The following action was taken at the meeting: Pueblo Serra Worship Holding relieved from the obligation of Item 5 of Exhibit A — Traffic Mitigation Requirements — of the Development Agreement for J-Serra High School South Campus (Pueblo Serra Worship Holdings); and staff authorized to release the corresponding bond. If you have any questions regarding this action, please contact Sam Shoucair, Senior Engineer at (949) 443-6355 for more detailed information. Thank you, eg a an, MMC Cit lerk Cc: Timothy R. Busch, Chief Executive Officer, J-Serra High School*; Don Fishbeck, Bluefin Construction Inc; Sam Shoucair, Senior Engineer San Juan Capistrano: Preserving the Past to Enhance the Future iJ Panted on 100%recycled paper 32400 PASEO ADELANTO MEMBERS OF THE CITU COUNCIL SAN JUAN CAPISTRANO, CA 92675 /j (949) 493-1171 (,fi SAM ALLEVATO (949) 493-1053 FAX jy WIN"IfI THOMAS W.HRIBAR [Stelll31E1 1961 MARK NEILSON www.sanjuancapistrano.org 1776 � JOE SOTO DR.LONDRES USO November 16, 2007 ` Insurance Company of the West PO Box 85563 San Diego, CA 92186-5563 Re: Release of Bonds: Dear Sir or Madam: This letter is to inform you that bonds issued for Pueblo Serra Worship Holding for construction of improvements work for J-Serra High School South Campus, as designated in City Council Resolution No. 07-11-06-02 are officially released as of November 6, 2007. A certified copy of this resolution is enclosed for your records. The City of San Juan Capistrano hereby fully and forever releases and discharges Insurance Company of the West from any and all liability under the referenced bond numbers. The original — released — documents are also enclosed. If you have any questions, please do not hesitate to call me at (949) 443-6308. Very truly yours, 4Mon an, MMC k Enclosures as noted cc: (Letter copy only) John Moody, Pueblo Serra Worship Holdings, 2532 Dupont Drive, Irvine, CA 92612; Sam Shoucair, Senior Engineer; Nasser Abbaszadeh, Engineering & Building Director San Juan Capistrano: Preserving the Past to Enhance the Future �, Printed on 100% recycled paper Bond No. : 213 83 10 Premium $5,878. 00 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: Pueblo Serra Worship Holdings, That a California Non-Profit Religious Corporation as Principal, hereinafter called CONTRACTOR, and Insurance Company of the West 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 Four Hundred Nineteen iousand Eight Hundred Fifty Seven&No/1 Mllars 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 14, 2004 , entered into a (describe agreement).- Off-Site greement):Off-Site Improvement Plan. f�-2� { ¢.l 9 z 1 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- RELEASF Date: Clty a city of n n , 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 22nd day of December 20 04 , at Laguna Niguel California. PRINCIPAL Pueblo Serra Worship Holdings, a California Non-Profit Religious Corporation APPROVED AS TO FORM (NOT Y TION D SEAL) _ imothy R. Busch J014 R. SHAW, CITY ATTORNEY Its: Chief Executive Officer SURETY Insurance Company of the West John G. oo edes Attorney-in-Fact (NOTARIZATIO AND SEAL) C�� Bond No. : 212 83 10 Premium Included in Performance Bond LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, hereinafter called "City", has permitted the construction of certain improvementsto Pueblo Serra Worship Holdings, a California Non-Profit Religious Corporation hereinafter called "Contractor"; and, WHEREAS, said improvements are more particularly described as follows: Public Streets and, WHEREAS,the Contractor is required to fumish a laborand material bond pursuant to the statutory requirements of the San Juan Capistrano Municipal Code to guarantee that if said Contractor, or any of his or its sub-contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work to be done,or for any work or labor done thereon of any kind, the surety or this bond will pay the same. NOW, THEREFORE, we, the Contractor, and Insurance Company of the West , as surety, are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal Sum of Four Hundred Nineteen Thousand Eight Hundred Fifty Seven&No/10OLLARS ($-119,857.00******), lawful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves,ourheirs,executors,administrators and successors,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs,executors,administrators,successors or assigns,or sub-contractors,shall fail to pay for any materials,provisions, provender, or teams, or other supplies or equipment used in, upon, for or about the performance of the work to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division 5, Chapter 3 of the Government Code of California as amended, that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suit brought upon this bond, As a part of the obligation secured thereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Contractor and surety herein named on the 22nd day,of ue emh r 200_4 . The name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. Pueblo Serra Worship Holdings, a California Non-Profit Religious CONTRAQJqR Corporation By Insurance Company of the WPy+ SURETY By John G. Rookoots s Attorney-in-Fact APPROVED AS TO FORM JOH HAW, CITY ATTORNEY ca No. 0000732 ICW GROUP Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY TTIESE PRESENTS: That Insurance Company of the West,a Corporation duly organized under the laws of the State of California,The Explorer Insurance Company,a Corporation duly organized under the laws of the State of Anzmra,and Independence Casualty and Surety Company,a Corporation duly organized under the laws of the State of Texas,(collectively referred to as the"Companies"),do hereby appoint JAMES G.BRAKKE,JOHN G.KOOKOOTSEDES their true and lawful Attorney(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings, and other similar contracts of suretyship,and any related documents. In witness whereof,the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January,2001, raw�taror tNBUp �,s`t"rm/n�tivo INSURANCE COMPANY OF THE WEST �oonoYgrl j64Dar0�4p~� THE EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY �+sm r.an *��9SEAL, c r a i COMPANY ertaMt^� dyt *�J �Oyr LD� John H.Craig,Assistant Secretary John L.Harmon,Executive Vice President State of California } County of San Diego ss. On December 5,2003,before me,Mary Cobb,Notary Public,personally appeared John L.Hannum and John H.Craig,persturally known in me to be the persons whose names are subscribed to the within instrument,and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument,the entity upon behalf of which the persons acted,executed the instrument. Witness my hand and official seal. pp��rAFlY'10 s.. CORAM U,a;"27341 tf „ N SMOIt10DC- OMNTVIA t4 G7 arc rm - r fMlyy CArtaniesgn bps 5 PTEMSER 20,2005 Mary Cobb,Notary Public RESOLUTIONS This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: 'RESOLVED: That the President, an Executive or Senior Vice President of the Company,together with the Secretary 6r any Assistant Secretary,are hereby authorized to execute Powers of Attorney appointing the person(s)maned as Attorney(s)-in-Fact to date;execute,sign, seal,and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship;and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment,and the signature of any officer cer ily ig the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any nius ry,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing, or photocopying." CERTIFICATE L the undersigned,Assistant Secretary of Insurance Company of the West,The Explorer Insurance Company,and Independence Casualty add Surety Company,do hereby certify that the foregoing Power of Attorney is in full force and effect,and has not been revoked,and that the above resolutions vete duly adopted by the respective Boards of Directors of the Companies,and we now in full force. IN WITNESS WHEREOF,I have set my hand this-22nd--day of DPcemher / �-, 7/004` -- John H.Craig,Assistant Secretary To verify the authenticity of this Power of Attorney you.nAy call I-C,10-g77-I l 11 and ask for the Surety Division. Pleasarefer to the Power df Attorney Number, the above named individuals)and details of the bond to which the power is attached. For information or filing claims,please contact Slimly Claims,ICW Group, 11455 El Camino Real,San Diego,CA 92130-2045 or call(859)33022400. STATE OF CALIFORNIA SS. COUNTY OF ORANGE On DECEMBER 22 2004 before me, MICHELLE M. NASRALLAH PERSONALLY APPEARED JOHN G. KOOKOOTSEDES personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which Cep nr,r ,ion # 3:s_ri the person(s) acted,executed the instrument. "� Norery Pui:fic - C.111YCr Urn;„4e Col..IIy. WITNESS my hand and official seal. Signature ' ` \• �aS�B"`-"a \ This area for Official Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OF TYPE OF DOCUMENT TNLF(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONS)OR ENTEN(IES) SIGNER(S)OTHER THAN NAMED ABOVE ID-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) SS.. COUNTY OF ORANGE ) On December 29, 2004 before me, Catherine L. Danker , a Notary Public, personally appeared TIMOTHY R.BUSCH [K] personally known to me -OR- [ ] proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person or the entity upon behalf of which the person acted,executed the instrument. Witness my hand and official seal. CATHERINE L.DANKER COMM.* 1337311 0NOTARY PUBLIC-CALIFORNIA Q SIGNATURE OF NOTARY 2 ORANGE COUNTY 0 COMM.EXP.JAN� OPTIONAL Though the data below is not required by law,R may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this forth. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT I INDIVfDUAL(S) [] CORPORATE OFFICER(S) [] PARTNER(S) []LIMITED TITLE OR TYPE OF DOCUMENT []GENERAL [] ATTORNEY-IN-FACT [] TRUSTEE(S) NUMBER OF PAGES [j SUBSCRIBING WITNESS [] GUARDIAN/CONSERVATOR DATE OF DOCUMENT [] OTHER: SIGNER IS REPRESENTING _ NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE Bond No. : 213 83 11 Premium : $6,093.00 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: Pueblo Serra Worship Holdings, That a California Non-Profit Religious Corporation as Principal, hereinafter Called CONTRACTOR, and Insurance Company of the West 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 Four Hundred Thirty Five iousand Two Hundred Twenty Five&No/100'15611ars 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 14, 2004 , entered into a (describe agreement): Off-Site Improvement Plan. 5�� _.r � - a� 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_ t. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. RELEA Ej -� Date: city L'ev City s , 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 22nd day of December 20 04 , at Laguna Niguel California. PRINCIPAL Pueblo Serra Worship Holdings, a California Non-Profit Religious Corporation APPROVED AS TO FORM RISTI EAL) Y: imothy . Busch YJOR. SHAW, CiTYATTORNEY Its: Chief Executive Officer SURETY Insurance Company of the West John G. Rookoots s torney-in-Fact (NOTARIZATION A SEAL) Bond No. : 213 83 11 Premium Included in Performance Bond LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, hereinafter called "City", has permitted'the construction of certain improvementsto Pueblo Serra Worship Holdings, a California Non-Profit Religious Corporationhereinafter called "Contractor"; and, WHEREAS, said improvements are more particularly described as follows: Public Storm Drain and, WHEREAS,the Contractor is required to famish a laborand material bond pursuant to the statutory requirements of the San Juan Capistrano Municipal Code to guarantee that if said Contractor, or any of his or its sub-contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work to be done, or for any work or labor done thereon of any kind,the surety or this bond will pay the same. NOW, THEREFORE, we, the Contractor, and Insurance Company of the West , as surety, are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of Four Hundred Thirty Five Thousand Fo Hundred Twenty Five&No/100 '}jOLLARS ($435, 225.OV**** ), lawful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves,ourheirs,executors,administrators and successors,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs,executors,administrators,successors or assigns,or sub-contractors,shall fail to pay for any materials, provisions,provender,or teams, or other supplies or equipment used in, upon, for or about the performance of the work to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division 5, Chapter 3 of the Government Code of California as amended,that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suit brought upon this bond. �r � As a part of the obligation secured thereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Contractor and surety herein named on the 22nd day of negemher . 200 4. The name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. Pueblo Serra Worship Holdings, a California Non-Profit Religious CONTRACT Corporation Sy Insurance Company of the West SURETY By — John G. Koo[oo s des Attorney-in-Fact APPROVED AS TO FORM JOH HAW, CITY ATTORNEY Ca No. 0000732 ICW GROUP Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West,a Corporation duly organized under the laws of the State of California,The Explorer Insurance Company,a Corporation duly organized under the laws of the State of Arizona,and Independence Casualty and Surety Company,a Corporation duly organized under the laws of the State of Texas,(collectively referred to as the"Companies"),do hereby appoint JAMES C.BRAKKE,JOHN C.KOOKOOTSEDES their tine and lawful Attorney(s)-in-Fact with authority to date,execute,sig,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings, and other similar contracts of suretyship,and any related documents. In witness whereof,the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January,2001. ccoa°'4'ror mosINSURANCE COMPANY OF THE WEST 100 THE EXPLORER INSURANCE COMPANY > ,eINDEPENDENCE CASUALTY AND SURETY A� COMPANY °4aaA� y LT K.iR���Ci�/ 0"CILQ—"� John H.Craig,Assistant S�Uecretary John L.Hannam,Executive Vice President State of California l 1 County of San Diego Ss. On December 5,2003,before me,Mary Cobb,Notary Public,personally appeared John L.Hannum and John H.Craig,personally known to me to be the persons whose names are subscribed to the within instrument,and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument,the entity upon behalf of which the persons acted,executed the instrument. Witness my hand and official seal. �1ARY COBB COMM.#1321341 nn U N AC-CA1Ji0 SAN DlEr, tb My Y plans i SEPTEMBER 20.2005 Mary Cobb,Notary Public RESOLUTIONS This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: 'RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary of oily Assistant Secretary,me hereby authorized to execute Powers of Attorney appointing the person(s)named as Attorney(s)-in-Fact to date,execute,sig, seal,and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment,and the signature of any officer certifying the validity and cuman 6tatus of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing,or photocopying" CERTIFICATE L the undersigned,Assistant Secretary of Insurance Company of the West,The Explorer Insurance Company,and Independence Casualty anti Surety Company,do hereby certify that the foregoing Power of Attorney is in full force and effect,and has not been revoked,and that the above resolutions Yveba duly adopted by the respective Boards of Directors of the Companies,and are now in full force. IN WITNESS WHEREOF,I have set my hand this 22nd dayof December 2004 John H.Craig Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s)and details of the bond to which the power is attached. For information or filing claims,please contact Strety Claims,ICW Group, 11455 El Camino Real,San Diego,CA 92130-2045 or call(858)350-2400. STATE OF CALIFORNIA SS. COUNTY OF ORANGE On DECEMBER 22. 2004 before me, MICHELLE M. NASRALLAH PERSONALLY APPEARED JOHN G. KOOKOOTSEDES personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the - instrument the person(s), orthe entity upon behalf of which the person(s) acted,executed the instrument. ;'orcry PUbIIC Orc:nge Counry l WITNESS my hand and official seal. Signature 4 1 \� This area for Official Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OF TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTIWIES) SIGNER(S)OTHER THAN NAMED ABOVE ID-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) SS. COUNTY OF ORANGE ) On December 29, 2004 before me, Catherine L. Danker , a Notary Public, personally appeared TIMOTHY R.BuscH [ki personally known to me -OR- [ ] proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. CATHERINE L.DANKER UCOMM.# 1337311 SIGNATURE OF NOTARY (� .� - NOTARY PUBLIC-CALIFORNIAA 2 ORANGE COUNTY n COMM.EXP.JAN� OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. . CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT [] INDIVIDUAL(S) [] CORPORATE OFFICER(S) [] PARTNER(S) []LIMITED TITLE OR TYPE OF DOCUMENT []GENERAL [I ATTORNEY-IN-FACT [] TRUSTEE(S) NUMBER OF PAGES [] SUBSCRIBING WITNESS [] GUARDIAN/CONSERVATOR DATE OF DOCUMENT [] OTHER: SIGNER IS REPRESENTING _ NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE Bond No, : 212 65 45 A Premium $115.00 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: Pueblo Serra Worship Holdings, That a California Non-Profit Religious Corporation as Principal, hereinafter called CONTRACTOR, and Insurance Company of the West as Surety, hereinafter called SURETY, are held and firmly bound unto the City of Sari Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of Eight Thousand One Hundred Eighty Four and No/100 ' s** 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 14, 2004 , entered into a (describe agreement): Off-Site Improvement Plan. Se<<Jt� Irk 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. RELEAS� Date: Sig City Clerk City of 1 A 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 22nd day of December 20 04 , at Laguna Niguel Califomia. PRINCIPAL Pueblo Serra Worship Holdings, a California Non-Profit Religious Corporation APPROVED AS TO FORM ;mothy O TI AND SEAL) usch JOT R. SLAW, CITY ATTORNEY Its: Chief Executive Officer SURETY Insurance Ce a of the West John G. Rookoo des Attorney-in-Fact (NOTARIZATION ND SEsAL) Bond No. : 212 65 45 Premium Included in Performance Bond LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, hereinafter called "City", has permitted the construction of certain improvements to Pueblo Serra Worship Holdings, a California Non-Profit Religious Corporation hereinafter called "Contractor"; and, WHEREAS, said improvements are more particularly described as follows: Public Sewer and, WHEREAS,the Contractor is required to fumish a laborand material bond pursuant to the statutory requirements of the San Juan Capistrano Municipal Code to guarantee that if said Contractor, or any of his or its sub-contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work to be done, or for any work or labor done thereon of any kind,the surety or this bond will pay the same. NOW, THEREFORE, we, the Contractor, and Insurance Company of the West , as surety, are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of Eight Thousand One Hundred Eighty Four and No/100'COLLARS ($ 8. 184,00********), lawful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves,our heirs,executors,administrators and successors,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs,executors,administrators,successors orassigns,or sub-contractors,shall fail to pay for any materials, provisions,provender,or teams, or other supplies or equipment used in, upon,for or about the performance of the work to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division 5, Chapter 3 of the Government Code of California as amended,that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonable attome)(s fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suit brought upon this bond. 1 �! J As a part of the obligation secured thereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by -_ the Contractor and surety herein named on the 22nd day of D mh 20Q4 . The name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. Pueblo Serra Worship Holdings, a California Hon-Profit Religious CONTRA Corporation By Insurance Company of the West_ SURETY ay John G. Kookootsifides Attorney-in-Fact APPROVED AS TO FORM JOHI4,1HAW, CITY ATTORNEY Ca No. 0000732 ICW GROUP Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West,a Corporation duly organized under the laws of the State of California,The Explorer Insurance Company,a Corporation duly organized under the laws of the State of Arizona,and Independence Casualty and Surety Company,a Corporation duly organized under the laws of the State of Texas,(collectively referred to as the"Companies"),do hereby appoint JAMES G.BRAKKE,JOHN G.KOOKOOTSEDES their true and lawful Attomey(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings, and other similar contracts of suretyship,and any related documents. In witness whereof,the Companies have caused these presents to be executed by its duly mnhorized officers this 16th day of January,2001. vcraarutrae 0\N8Ug7 �,d' s INSURANCE COMPANY OF THE WEST THE EXPLORER INSURANCE COMPANY SEAL n � r a K INDEPENDENCE CASUALTY AND SURETY COMPANY c+raaway�_1,A "M y tT� John H-Craig,Assistant Secretary John L.Hannum,Executive Vice President State of California } County of San Diego SS. On December 5,2003,before me,Mary Cobb,Notary Public,personally appeared John L.Hannum and John H.Craig,persohally known to me to be the persons whose names are subscribed to the within instrument,and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument,the entity upon behalf of which the persons acted,executed the instrument. Witness my hand and official seal. MARY COBB COMM.#1321349 NOTARY Pu&IC-CaaIMORNIA rd p� SANOIEGOCpyN)Y V My Commisson Expnes r SEPTEMBER 20.2005 Mary Cobb,Notary Public RESOLUTIONS This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: 'RESOLVED: That the President,an Executive or Senior Vice President of the Company,together with the Secretary of any Assistant Secretary,are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attomey(s)-in-Fact to date;execute,sign, seal,and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship;and any related documents. RESOLVED FURT14ER: That the signatures of the officers making the appointment,and the signature of any officer cer ifymg the validity and current slams of the appointment,tray be facsimile representations of those signatures;and the signal=and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing, or photocopying-' CERTIFICATE t,the undersigned,Assistant Secretary of Insurance Company of the West,The Explorer Insurance Company,and Independence Casualty and Surety Company,do hereby certify that the foregoing Power of Attorney is in Cull force and effect,and has not been revoked,and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies,and are now in full force. IN WITNESS WHEREOF,Ihave set myhand..his 22nd dayof December 2004 John H.Craig,Assistant Secretary To verify the authenticity of this Pow=afAa mey you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power Of Attorney Number, the above named individual(s)andOetaf) of the Load to which the power is attached. For information or filing claims,please contact Surety Claims,ICW Croup, 11455 EI Camino Real,San Diego,CA 92130.2045 or call(858)350-2400. STATE OF CALIFORNIA SS. COUNTY OF ORANGE On DECEMBER 22 2004 before me, MICHELLE M. NASRALLAH PERSONALLY APPEARED JOHN G. KOOKOOTSEDES personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which MICHELLE M. NASI2ALLN-1 the person(s) acted,executed the instrument. i G�_ e �• Commission ri 1383291 z �" Notary Public - California > �a = WITNESS my hand and official seal. v, Orange County -- -� My Comm.Expires Nov 4,200C- Signature ���� �'— ""— — � This area for Official Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OF TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NW E OF PERSON(S)OR ENDMIES) SIGNER(S)OTHER THAN NAMED ABOVE ID-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) SS. COUNTY OF ORANGE ) On December 29. 2004 before me, Catherine L. Danker , a Notary Public, personally appeared TimoTHY R. BUSCH [x] personally known to me -OR- [ ] proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. n ��l 1 SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT [] INDIVIDUALS) [] CORPORATE OFFICER(S) [] PARTNER(S) []LIMITED TITLE OR TYPE OF DOCUMENT []GENERAL [] ATTORNEY-IN-FACT [] TRUSTEE(S) NUMBER OF PAGES [j SUBSCRIBING WITNESS [] GUARDIAN/CONSERVATOR DATE OF DOCUMENT [] OTHER: SIGNER IS REPRESENTING _ NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE Bond No. : 212 65 44 Premium $8, 694.00 a PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: Pueblo Serra Worship Holdings, That a California Non-Profit Religious Corporation as Principal, hereinafter called CONTRACTOR, and Insurance Company of the West 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 Six Hundred Twenty One Thousand and No/100's******** 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 14, 2004 entered into a (describe agreemen ): Off-Site Improvement Plan F/?I 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. RELEASFF /_ Date. I , t (X gnat city city sa Iserano,CA C/ J 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 22nd day of December 20 04 , at Laguna Niguel California, PRINCIPAL Pueblo Serra Worship Holdings, a California Non-Profit Religious Corporation APPROVED AS TO FORM (N IZA ON ID L) Y= Timothy R. Busch JOT R. SHAW, CITY ATTORNEY Its: Chief Executive Officer SURETY Insurance Company of the West John G. Rooko sedes Attorney-in-ract (NOTARIZATION AND SEAL..) C�� Bond No. : 212 65 44 Premium Included in Performance Bond LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of-San Juan Capistrano, a municipal corporation of Orange County, California, hereinafter called "City", has permitted'the_construction of certain improvements to Pueblo Serra Worship Holdings a California Non-Profit Religious Corporationhereinafter called "Contractor% and, WHEREAS, said improvements are more particularly described as follows: Public Streets Phase II ; and, WHEREAS,the Contractoris required to furnish a laborand material bond pursuant to the statutory requirements of the San Juan Capistrano Municipal Code to guarantee that if said Contractor, or any of his or its sub-contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work to be done,or for any work or labor done thereon of any kind,the surety or this bond will pay the same. NOW, THEREFORE, we, the Contractor, and Insurance Company of the West , as surety, are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of six Hundred Twenty one Thousand and No/100' s***DOLLARS ($621 ,000.00******), lawful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves,our heirs,executors,administrators and successors,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs,executors,administrators,successors or assigns,or sub-contractors,shall fail to pay for any materials;provisions, provender, or teams, or other supplies or equipment used in, upon, for or about the performance of the work to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division 5, Chapter 3 of the Government Code of California as amended,that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suit brought upon this bond. 1 �� J As a part of the obligation secured thereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Contractor and surety herein named on the 22nd day of neaemhpr 200-L.. The name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. Pueblo Serra Worship Holdings, a California Non-Profit Religious CONTRA Corporation By Insurance Company of the West_ SURETY B - - John G. Roo 0o s s Attorney-in-Fac APPROVED AS TO FORM JOH HAW, CITY ATTORNEY t. No. 0000732 ICW GROUP Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West,a Corporation duty organized under the laws of the State of California,The Explorer Insurance Company,a Corporation duly organized under the laws of the State of Arizona,and Independence Casualty and Surety Company,a Corporation duly organized under the laws of the State of Texas,(collectively referred to as the"Companies"),do hereby appoint JAMES G.BRAKKE,JOHN G.KOOKOOTSEDES their true and lawful Attomey(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings, and other similar contracts of suretyship,and any related documents. In witness whereof,the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January,2001. INSURANCE COMPANY OF THE WEST THE EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY 0�14� 0"01L John H.Craig,Assistant Secretary John L.Hannum,Executive Vice President State of California 1 J County of San Diego ss. On December 5,2003,before me,Mary Cobb,Notary Public,personally appeared John L.Hannum and John H.Craig,personally known tome to be the persons whose names are subscribed to the within instrument,and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument,the entity upon behalf of which the persons acted,executed the instrument. Witness my hand and official seal. MARY COBB e. COMM.#132132i 341 r�ff 16 NOTAR/Y C-CAtfFONMA rd -� MARY DIEGO COVNn' 0 My commessum aes SEPTEMBER 20.2W5 Mary Cobb,Notary Public RESOLUTIONS This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: 'RESOLVEDThat the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary,are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attomey(s)-in-Fact to date,execute,sign, seal,and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment,and the signature of any officer certifying the validity and current status of the appointment,may be facsimile representations of those signatines;and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing; typing, or photocopying." CERTIFICATE I,the undersigned,Assistant Secretary of Insurance Company of the West,The Explorer Insurance Company,and Independence Casualty and Surety Company,do hereby certify that the foregoing Power of Attorney is in full tome and effect,and has not been revoked,and that the above resolutions wbte duly adopted by the respective Boards of Directors of the Companies,and are now in full force. IN WITNESS WHEREOF,I have set my hand this__XZrACd_day of December 2004 John H.Craig,Assistant Secretary To verify the authenticity of this Power of Attorney you:nay cell 1-800-8-17-1111 and ask for the Surety Division. Please refer to the Power ofAttorney Number, the above named individual(s)and details of the hand to which.the pow/a is attached. For information or filing claims,please contact Surety Claims,ICW Group, 11455 El Camino Real,San Diego,CA 92130-2045 or c.-ll(85 5)350-2400. STATE OF CALIFORNIA SS. COUNTY OF ORANGE On DECEMBER 22, 2004 before me, MICHELLE M. NASRALLAH PERSONALLY APPEARED JOHN G. KOOKOOTSEDES personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the ,i �. MICHELLE M. NAb12Ail_Ahi instrument the person(s),or the entity upon behalf of which A �' t ,�' Commission # 1383291 the person(s) acted,executed the instrument. ��r ,,r.I Notary Public - California y s ' � Orange County a -— My Comm Expires Nov 4,200E WITNESS my hand and official seal. Signature\\ \1,� - `` , C\�-'•�fl_ This area for OlTcial Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OF TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE ID-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) SS. COUNTY OF ORANGE ) On December 29 2004 before me, Catherine L. Danker , a Notary Public, personally appeared TIMOTHY R.BUSCH [X] personally known to me -OR- [ ] proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. CATHERINE L.DANKER SIGNATURE OF NOTARY 0 COMM.E 1.DAN • 37311 NOTARY PUBLIC-CAUFORNIAD ORANGE COUNTY 0 COMM.EXP.JAN.30,2006'' OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT [] INDIVIDUAL(S) [] CORPORATE - OFFICER(S) [J PARTNER(S) []LIMITED TITLE OR TYPE OF DOCUMENT []GENERAL (] ATTORNEY-IN-FACT [] TRUSTEE(S) NUMBER OF PAGES [] SUBSCRIBING WITNESS [] GUARDIAN/CONSERVATOR DATE OF DOCUMENT [] OTHER: SIGNER IS REPRESENTING _ NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE Bond No. : 212 65 43 A Premium $305. 00 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: Pueblo Serra Worship Holdings, That a California Non-Profit Religious Corporation as Principal, hereinafter called CONTRACTOR, and Insurance Company of the West 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 Twenty One Thousand Seven Hundred Eighty & No/100' s""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 1 4, 2004 , entered into a (describe agreement): Off-Site Improvement Plan. 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 attorneys fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. RELEA D Date:__ 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 22nd day of December 20 04 , at Laguna Niguel California. PRINCIPAL Pueblo Serra Worship Holdings, a California Non-Profit Religious Corporation APPROVED AS TO FORM (N TI EA K : _ imothy Busch JOT R. SHAW, CITY ATTORNEY Its: Chief Executive Officer SURETY Insurance Co any of the West John G. Kooko es Attorney-in-Fact (NOTARIZATION AND SVAL) Bond No. : 212 65 43 Premium Included in Performance Bond LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, hereinafter called "City% has permitted the construction of certain _ improvements to Pueblo Serra Worship Holdings, a California Non-Profit Religious Corporationhereinafter called "Contractor"; and, WHEREAS, said improvements are more particularly described as follows: Phase II Storm Drains and, WHEREAS,the Contractor is required to furnish a laborand material bond pursuant to the statutory requirements of the San Juan Capistrano Municipal Code to guarantee that if said Contractor, or any of his or its sub-contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work to be done, or for any work or labor done thereon of any kind,the surety or this bond will pay the same. NOW, THEREFORE, we, the Contractor, and Insurance Company of the West , as surety, are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of Twenty One Thousand Seven Hundred Eighty & No/10011OLLARS ($ 21 , 780.oo*******), lawful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves,ourheirs,executors,administrators and successors,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs,executors,administrators,successors or assigns,or sub-contractors,shall fail to pay for any materials, provisions,provender,or teams, or other supplies or equipment used in, upon, for or about the performance of the work to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division 5, Chapter 3 of the Government Code of California as amended,that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonable attorneys fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suit brought upon this bond. 1 �! J As a part of the obligation secured thereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Contractor and surety herein named on the 22nd day of December 200-L.. The name and corporate seal of each corporate party being hereto affixed and these presents duty signed by its undersigned representatives pursuant to authority of its governing body. Pueblo Serra Worship Holdings, a California Non-Profit Religious CONTRA C ' Corporation B Insurance Company of th W ct SURETY B —4L=2? _ -._ John G. Rookoo des Attorney-in-Fact APPROVED AS TO FORM JOH HAW, CITY ATTORNEY No. 0000732 ICW GROUP Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West,a Corporation duly organized under the laws of the State of Califomia,The Explorer Insurance Company,a Corporation duly organized under the laws of the State of Arizona,and Independence Casualty and Surety Company,a Corporation duly organized under the laws of the State of Texas,(collectively referred to as the"Compardes"),do hereby appoint JAMES G.BRAKKE,JOHN G.KOOKOOTSEDES their true and lawful Attorney(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalfof the Companies,fidelity and surety bonds,undertakings, and other similar contracts of suretyship,and any related documents. In witness whereof,the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January,2001. `tpOYY.WYaRJ OEAL INSURANCE COMPANY OF THE WEST '' 'a-"* THE EXPLORER INSURANCE COMPANY osonroMr� y�Oq r a INDEPENDENCE CASUALTY AND SURETY „ .n COMPANY °uwaM John H.Craig,Assistant Secretary John L.Haonum,Executive Vice President State of California ss. County of San Diego _ On December 5,2003,before me,Mary Cobb,Notary Public,personally appeared John L.Hannum and John H.Craig,personally known to me to be the persons whose names are subscribed to the within instrument,and acknowledged to me that they executed the same in their authorized capacities,and that ley their signatures on the instrument,the entity upon behalf of which the persons acted,executed the instrument. Witness my hand and official seal. M?FtY COBB / COMM.#4321341 q� ~•' f0TAFY pUgIle-CCApL5I1FDpMA ffJ V My CoiMn�uNnn Exp has ` SEPTEMBER 20,ZODS Mary Cobb,Notary Public RESOLUTIONS This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President,an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary,are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attomey(s)-in-Fact to date;execute,sign, seal,and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship;and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment,and the signature of any officer certifying the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations sh211 have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing, typing,or photocopying.” CERTIFICATE I,the undersigned,Assistant Secretary of Insurance Company of the West,The Explorer Insurance Company,and Independence Casualty and Surety Company,do hereby certify that the foregoing Power of Attorney is in full force and effect,and has not been revoked,and that the above resolutions Atte duly adopted by the respective Boards of Directors of the Companies,and are now in full force. - INWITNESSWHEREOF,I have set my hand this 22nd dayof_December 2004 John H.Craig,Assistant Secretary To verify the authenticity,of this Power of Attorney you may ca4i V&'J03771131 and ask for Abe Surety Division. Please refer to the Power of AttorneyNumber, the above named individual(s)and details of the bond ai whichLiepower is adached. For information or filing claim,please contact Surety Claims,ICW Group, 11455 EI Camino Real,San Diego,CA 92130-2045 or call(843)950-241,M, STATE OF CALIFORNIA SS. COUNTY OF ORANGE On DECEMBER 22. 2004 before me, MICHELLE M. NASRALLAH PERSONALLY APPEARED JOHN G. KOOKOOTSEDES personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the QMICHELLE M. NASRALLAH instrument the person(s), or the entity upon behalf of which !a CommissionN 1'383291 z a '',�^j Notary Public - California z_ the person(s) acted,executed the instrument. �qq t � ,�7 Orange County Ga yam' My Comm.Expires Nov 4,2006 WITNESS my hand and official seal. �� �/� Signature �• `�--uy`a�t"\ This area for Official Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OF TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE ID-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) SS. COUNTY OF ORANGE ) On December 29, 2004 before me, Catherine L. Danker , a Notary Public, personally appeared TIMOTHY R. BUSCH [1] personally known tome -OR- [ ] proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person or the entity upon behalf of which the person acted,executed the instrument. Witness my hand and official seal. CATHERINE L.DANKER D comm.*1337311 p NOTARY PUBLIC-CAUFORNiAO SIGNATURE OF NOTARY 2 ORANGE COUNTY 0 6,2 COMM.EXP.JAN.30,2006µ OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT [] INDIVIDUAL($) [] CORPORATE OFFICER(S) [] PARTNER(S) []LIMITED TITLE OR TYPE OF DOCUMENT []GENERAL [] ATTORNEY-IN-FACT [] TRUSTEE(S) NUMBER OF PAGES [] SUBSCRIBING WITNESS [] GUARDIAN/CONSERVATOR DATE OF DOCUMENT [] OTHER: SIGNER IS REPRESENTING _ NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE BOND NO. 213 83 12 Premium: $980.00 KNOW ALL MEN BY THESE PRESENTS: That we, Pueblo Serra Worship Holdinas a as Principal,and California Non-Profit Religious Corporation INSURANCE COMPANY OF THE WEST, a Corporation, created, organized, and existing and by virtue of the laws of the State of CA , duly licensed to transact a general surety business in the State of California, as surety, are held and firmly bound to the CITY OF SAN JUAN CAPISTRANO, County of Orange,State of California, In the sum of $ 70,000.00 DOLLARS, lawful money of the United States of America, to be paid to the said City for which payment well and truly to be made we bind ourselves, our heirs, executors and successors,jointly and severally. -- THE CONDITION OF THE FOREGOING OBLIGATION is such that whereas the above bounden Principal has agreed to do and perform the following,to-wlt: Construct and Install all of the water facilities pursuant to Agreement for Construction of Water Facilities entered into on , 200_,by and between OF SAN JUAN CAPISTRANO, and Pueblo Serra Worship Holdings, a CA acopyofwhichis �t���n-P ofi Rel ' ous C rDOSation attache her and mace a part I'verb 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 of San Juan Capistrano 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. NOW,THEREFORE,the condition of this obligation is such that if the bounden Principal shall,to the satisfaction of the CTIY OF SAN JUAN CAPISTRANO faithfully and properly perform all of the work described in said Agreement and in accordance with the plans and specifications approved for said work and shall pay all sums due for all damages suffered by said City by reason of faulty or defective work or the carelessness or negligence of said Principal and for the completion of any work not satisfactorily or properly performed in accordance with the Agreement between City and RELEASE Date: Sig City u n Cap igano,Gt City TRACT NO. DATE December 22, 2004 BOND NO. 213 83 12 Principal, and guarantee all work for a period of one year after acceptance In accordance with said Agreement, then, at the expiration of said guarantee period, this obligation shall be null and void; otherwise to remain in full force and effect IN WITNESS WHEREOF said Principal and Surety have caused this bond to be executed by their officers thereunto duly authorized this 22nd day of December 2004. RtIPA Pueblo Serra Worship Holdings, a C on- it R ligious Corporation r. (SEAL) Y: imothy R usch, its Chief Executive Officer SUREIY.L,gnsurance Company of the West (SEAL) By: Attorney In Fact John G. Rookootsedes The premium on this bond is Mailing Address of Surety: $ 980.00 17852 E. 17th Street, Suite 111 Tustin, CA 92780 APPROVED AS TO FORM By: r ry John S aw,City Attamey (Executed in Triplicate) No. 0000732 ICW GROUP Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West,a Corporation duly organized under the laws of the State of California,The Explorer Insurance Company,a Corporation duly organized under the laws of the State of Arizona,and Independence Casualty and Surety Company,a Corporation duly organized under the laws of the State of Texas,(collectively referred to as the"Companies'),do hereby appoint JAMES G.BRAKKE,JOHN G.KOOKOOTSEDES their true and lawful Attomey(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings, and other similar contracts of suretyship,and any related documents. In witness whereoM the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January,2001. tcaarwrnf tN84q oillwn� v INSURANCE COMPANY OF THE WEST THE EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY ( � O"tL John H.Craig,Assistant Secretary John L.Hamann.Executive Vice President State of California } SS. County of San Diego On December 5,2003,before me,Mary Cobb,Notary Public,personally appeared John L.Hamtum and John H.Craig personally known to me to be the persons whose names are subscribed to the within instrument,and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument,the entity upon behalf of which the persons acted,executed the instrument. Witness my hand and official sea]. MARYCOBB w COMM.#1321341 t�fx U NOTARY PUBLIC-CALIfORMA fd SAN DIEGO CDM INTY y OommUsiwn has SEPTEMBER 20.2W5 Mary Cobb,Notary Public RESOLUTIONS This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following Yesolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President,an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary,are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attomey(s)-in-Fact to dates execute,sign, seal,and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment,and the signature of any officer certifyiitq the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping printing;typing,or photocopying." CERTIFICATE M the undersigned,Assistant Secretary of Insurance Company of the West,The Explorer Insurance Company,and Independence Casualty and Surety Company,do hereby certify that the foregoing Power of Attorney is in full force and effect,and has not been revoked,and that the above resolutions wete duly adopted by the respective Boards of Directors of the Companies,and are now in full force. IN WITNESS WHEREOF.J have set rnyhmd this 22nd dayof December 2004 John H.Craig,Assistant Secretary To verify the authenticiiy eftbAs Power-,of Aitomcy you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the FoA'e 6f Attomey Number, the above named individuals)and details of the bond to which the power is attached. For information or filing claims,please contact Surety Claims,ICW Group, 11455 El Camino Real,San Diego,CA 92130-2045 or call(858)350-2400. STATE OF CALIFORNIA SS. COUNTY OF ORANGE On DECEMBER 22. 2004 before me, MICHELLE M. NASRALLAH PERSONALLY APPEARED JOHN G. KOOKOOTSEDES personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized - �,m ,,,�„ ,2„ - capacity(ies), and that by his/her/their signature(s) on the _ - NitCHFLtE M. NASRA�� instrument the person(s), or the entity upon behalf of whichCornmisslon a 1383291 the person(s) acted,executed the instrument. f � Notary Public California Orange County WITNESS my hand and official seal. Signature W\ This area for Official Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OF TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(ES) SIGNER(S)OTHER THAN NAMED ABOVE ID-081 Rev.6194 ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) SS. COUNTY OF ORANGE ) On December 29, 2004 before me, Catherine L. Danker , a Notary Public, personally appeared TIMOTHY R.BUSCH [x] personally known to me -OR- [ ] proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official sea]. n /] CAT=HERINEDANKENKERD C11 iSIGNATURE OF NOTARY [1 • NOTAORMA0,� OY nCOM2,6-+ OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT [j INDIVIDUAL(S) [] CORPORATE OFFICER(S) (] PARTNER(S) [I LIMITED TITLE OR TYPE OF DOCUMENT []GENERAL (] ATTORNEY-IN-FACT [] TRUSTEE(S) NUMBER OF PAGES [] SUBSCRIBING WITNESS [] GUARDIAN/CONSERVATOR DATE OF DOCUMENT [] OTHER: SIGNER IS REPRESENTING _ NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE Bond No. : 212 65 41 p Premium $2, 015.00 PERF RMANCE BOND KNOW ALL MEN BY THESE PRESENTS: Pueblo Serra Worship Holdings, That a California Non-Profit Religious Corporation as Principal, hereinafter called CONTRACTOR, and Insurance Company of the West 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 One Hundred Forty Three_ Thousand Nine Hundred Fifty Four 099 6811ars 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 14, 2004 , entered into a (describe agreement): Off Site Improvement Plan 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. hat:1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered- RELEASE Date: city Cie Cj 1 City of S lu 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 22nd day of December 20_R.4 , at Laguna Niguel California. PRINCIPAL Pueblo Serra Worship Holdings, a California Non-Profit Religious Corporation APPROVED AS TO FORM (N ZA AND EAL) im thy R. Busch JOT R. SHAW, CITY ATTORNEY Its: Chief Executive Officer SURETY Insurance Company of the West John G. R ocoot es Attorney-in-Fact (NOTARIZATION A D SEBA(_} C�� Bond No. : 212 65 41 Premium : Included in Performance Bond LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, hereinafter called "City% has permitted the construction of certain improvements to Pueblo Serra Worship Holdings, a California Non-Profit Religious Corporationhereinafter called "Contractor"; and, WHEREAS, said improvements are more particularly described as follows: SDG&E Underground wiring , and, WHEREAS,the Contractor is required to furnish a laborand material bond pursuant to the statutory requirements of the San Juan Capistrano Municipal Code to guarantee that if said Contractor, or any of his or its sub-contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work to be done, or for any work or labor done thereon of any kind,the surety or this bond will pay the same. NOW, THEREFORE, we, the Contractor, and insurance Company of the West , as surety, are held firmly bound unto the City of San Juan Capistrano a municipal corporation, in the penal sum of one Hundred Forty Three Thousand Nine Hunared Fifty Four DOLLARS ($ 143, 954.00******), lawful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves,our heirs,executors,administrators and successors,jointly and severally,finely by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs,executors,administrators,successors or assigns,or sub-contractors,shall fail to pay for any materials,provisions,provender,or teams,or other supplies or equipment used in, upon, for or about the performance of the work to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Tale 1, Division 5, Chapter 3 of the Government Code of California as amended,that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suit brought upon this bond. �j As a part of the obligation secured thereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Contractor and surety herein named on the 22nd day of D b 200 4. The name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. Pueblo Serra Worship Holdings, a California Non-Profit Religious ;ONTRA R Corporation Insurance Company of—the-Ne-at— SURETY f the wPat SURETY By --- John G. Rookoot es Attorney-in-Fact APPROVED AS TO FORM 3"4,A�l - JOH14dHAW, CITY ATTORNEY No. 0000732 ICW GROUP Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West,a Corporation duly organized tinder the laws of the State of California,The Explorer Insurance Company,a Corporation duly organized under the laws of the Stale of Arizona,and Independence Casualty and Surety Company,a Corporation duly organized under the laws of the State of Texas,(collectively referred to as the"Companies"),do hereby appoint JAMES G.BRAKKE,JOHN G.KOOKOOTSEDES their true and lawful Attomey(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings, and other similar contracts of suretyship,and any related documents. In witness whereof,the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January,2001. Y 4ccoarwroR tNBtIR �s INSURANCE COMPANY OF THE WESTr 0Q' troa +y 4,00arorur�i j v° +R THE EXPLORER INSURANCECOMPANYDURE 9SEAL; a o r a INDEPENDENCE CASUALTY AND SURETY COMPANY .�� a � John H.Craig,Assistant Secretary John L.Hannum,Executive Vice president State of California t f ss. County of San Diego On December 5,2003,before me,Mary Cobb,Notary Public,personally appeared lotm L.Hannum and John H.Craig personally known to me to be the persons whose names are subscribed to the within instrument,and acknowledged to me that trey executed the same in their authorized capacities,and that by their signatures on the instmment,the entity upon behalf of which the persons acted,executed the instrument. Witness my hand and official seal. MP,RY COBB COMM.#1321341 t�fx G7 NOTARY PUBLIC-CALIFORNIA SANpIGCO NTT pit 57112TEMBER 2D, hf6 2M Mary Cobb,Notary Public RESOLUTIONS This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the fallotciug resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President,an Executive or Senior Vice President of the Company,together with the Secretary Or ally Assistant Secretary,are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attomey(s)-in-Fact to date;execute,sign, seal,and deliver on behalf of the Company,fidelity mid surety bonds,undertakings,and other similar contacts of suretyship,and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment,and the signature of any officer cer ifvutg the validity and current status of the appointment,may be Facsimile representations of those signatures;and the signature and seal of any mAgry,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,prtnting, typing, or photocopying." CERTIFICATE 1,the undersigned,Assistant Secretary of Insurance Company of the West,The Explorer insurance Company,and Independence Casualty and Surety Company,do hereby certify that the foregoing Power of Attorney is in full force and effect,and has not been revoked,and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies,and are now in full force. IN WITNESS WHEREOF,I have set my hand this 22nd dayof December 2004 John H.Craig,Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-80G877-1111 mid ask'or the Surety Division. Please refer to the Power Of Attorney Number, the above named indMdual(s)and details of the bond to which the powar is attached: For information or filing claims,please contact Surety Claims,ICW Group, 11453 EI Camino Real,Sari Diego,CA 92130-2045 or call(858)350-24%. . - - STATE OF CALIFORNIA SS. COUNTY OF ORANGE On DECEMBER 22. 2004 before me, MICHELLE M. NASRALLAH PERSONALLY APPEARED JOHN G.KOOKOOTSEDES personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized h NFLLE N, capacity(ies), and that by his/her/their signature(s) on the - - -� tv,Com,res:ar) instrument the person(s), or the entity upon behalf of which the person(s) acted,executed the instrument. ,c� Ur�nge Coi;rn/ WITNESS my hand and official seal. Signature�S]��V —�-- '1 �� � This area for Official Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OF TYPE OF DOCUMENT TITLEI5) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NWE OF PERSON(S)OR ENTI%IES) SIGNER(S)OTHER THAN NAMED ABOVE ID-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) SS. COUNTY OF ORANGE ) On December 29. 2004 before me, Catherine L. Danker , a Notary Public, personally appeared TIMOTHY R.BUSCH [X] personally known to me -OR- [ ] proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person or the entity upon behalf of which the person acted,executed the instrument. Witness my hand and official seal. CATHERINE L.DANKER U COMM.k 1337311 SI ATURE OF NOTARY 'O NOTARY PUBLIC-CALIFORNIAL) ORANGE COUNTY 0 COMM.EXP.JAN.30,20D6-` OPTIONAL Though the data below is not required by law,It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this forth. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT [] INDIVIDUAL(S) [] CORPORATE OFFICER(S) [] PARTNER(S) []LIMITED TITLE OR TYPE OF DOCUMENT []GENERAL [] ATTORNEY-IN-FACT [] TRUSTEE(S) NUMBER OF PAGES [] SUBSCRIBING WITNESS [] GUARDIANICONSERVATOR DATE OF DOCUMENT [] OTHER: SIGNER IS REPRESENTING _ NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE 1116/2007 AGENDA REPORT D10 TO: Dave Adams, City Manager FROM: Nasser Abbaszadeh, Director of Engineering and Building SUBJECT: Consideration of Acceptance of Improvements and Release of Surety for J-Serra High School South Campus (Pueblo Serra Worship Holdings) (APN: 649-011-25 & 649-011-30) RECOMMENDATION: By motion: r 1. Adopt the Resolution accepting certain public street, storm drain, sewer, water, underground utility improvement; and, 2. Authorize the release of the corresponding bonds. SITUATION Summary and Recommendation: Pueblo Serra Worship Holdings has requested the City to release certain Public Street, traffic control, storm drain, sewer, water, and underground utility bonds held by the City. These improvements have been inspected and satisfactorily completed except for certain Oso Road improvements. Staff recommends the release of the corresponding bonds. Background: Pueblo Serra Worship Holdings, developer of J-Serra High School South Campus has completed the improvement work as required by the Conditions of Approval and the Development Agreement. The City and Pueblo Serra Worship Holdings desire to complete the rest of the improvements at the Oso Road intersection, however, said improvements are pending coordination with the Orange County Transportation Authorities' (OCTA) Grade Crossing Study and Crossing Improvement Program for the Oso Road improvements and Metrolink's approval to install the pre-emption for the Camino Capistrano & Oso Road traffic signal operation. The bond amount posted by Pueblo Serra Worship Holdings for such improvements is $680,000. Upon the successful Agenda Report Page 2 November 6, 2007 completion of the improvements, the City Engineer will administratively release said bond. With the completion of the improvements as noted in the summary above, the bond release from 'Insurance Company of the West" is recommended as follows: AA i No. 213 83 10 Public Street & Traffic Control $ 419,857 + t F + a Ni F ++tf q.. . F {� k E.' i ;'. I tF,? �. ^.?krFt No. 212 65 45 Public Sewer $ 8,184 NO RN No. 212 65 43 Phase II Public Storm Drain $ 21,780 No. 212 65 41 SDG&E (underground utilities) $ 143,954 COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: Not applicable. FINANCIAL CONSIDERATIONS: Not applicable NOTIFICATION: Timothy R. Busch, Chief Executive Officer, J-Serra High School* George Mulcaire, The Busch Firm* Don Fishbeck, Bluefin Construction Inc. * Agenda Report included Agenda Report Page 3 November 6, 2007 RECOMMENDATION: By motion: 1. Adopt the Resolution accepting certain public street, storm drain, sewer, water, underground utility improvement; and, 2. Authorize the release of the corresponding bonds. Respectfully submitted, Oenior by: Nasser Abbaszadeh, PE ucair Engineering and Building Director gineer Attachments: 1. Location Map 2. Resolution JUNIPERO SERRA ROAD I-5 SAN DIEGO FREEWAY JSerra High School South Campus �� 02 rN U 2 OSp R0 �6 J N LOCATION MAP 0 50 100 200 300Feet ATTACHMENT RESOLUTION NO. 07-11-06-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DETERMINING COMPLETION OF WORK IN ACCORDANCE WITH APPROVED PLANS AND SEPCIFICATIONS FOR THE CONSTRUCTION OF IMPROVEMENTS WORK FOR J-SERRA HIGH SCHOOL SOUTH CAMPUS (PUEBLO SERRA WORSHIP HOLDINGS) (APN: 649-011-25 & 649-011-30) WHEREAS, on 7t'day of September 2004,the City of San Juan Capistrano entered into a Development Agreement with Pueblo Serra Worship Holdings, providing for the construction of certain public and private improvements for J-Serra High School South Campus; and, WHEREAS, Pueblo Serra Worship Holdings has requested that the City determines that the public street, sewer and water, storm drain as well as underground utility improvement work for J-Serra High School South Campus are complete and the corresponding sureties be released accordingly. These sureties release are as follows: SURETY TYPE OF IMPROVEMENT BOND AMOUNT COVERAGE TO BE RELEASED No. 213 83 10 Public Street & Traffic Control $ 419,857 No. 213 83 11 Public Sturm Drain $435,225 No. 212 65 45 Public Sewer $ 8,184 No:;212 65 44 Phase II Public Streets $ 621,000 No. 212 65 43 Phase II Public Storm Drain $ 21,780 No. 213 83 12 Public Water $ 70,000 No. 212 65 41 SDG&E (underground utilities) $ 143,954 WHEREAS,the City and Pueblo Serra Worship Holdings desire to complete certain other improvements associated with the J-Serra High School South Campus project, specifically the Oso Road intersection and signalization, however, said improvements are pending coordination with the Orange County Transportation Authorities' (OCTA) Grade Crossing Study and Crossing Improvement Program for the Oso Road improvements and Metrolink's approval to install the pre-emption for the Camino Capistrano & Oso Road traffic signal operation. ATTACHMENT NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby determines as follows: SECTION 1. That the works of improvement listed in the above table have been completed by said developer. SECTION 2. That said completed work is approved. SECTION 3. That any other outstanding surety associated with the J-Serra High School South Campus would be, upon completion, administratively released by the City Engineer. SECTION 4. That the surety described in table above may be fully released 35 days after recording of Notice of Completion. PASSED, APPROVED, AND ADOPTED this 6 t day of November 2007. SAM ALLEVATO, MAYOR ATTEST: MARGARET R. MONAHAN, CITY CLERK see 32400 PASEO ADELANTO �. � � � � MEMBERS OF THE CITU COUNCIL SAN JUAN CAPISTRANO,CA 92675 (949)493.1171 /,y IA(ORIORAIEO THOMAS TAM O AAS W HRIBAR (949)493-1053 FAx BtA1tISXEA 1961 MARK NIELSEN wwwsanjuancapi.stranaorg 1776 JOE SOTO • DR.LONOREs use NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 6:30 p.m, on Tuesday, November 6, 2007 in the City Council Chamber in City Hall, to consider: "Consideration of Acceptance of Improvements and Release of Surety for J-Serra High School South Campus (Pueblo Serra Worship Holdings) (APN 649-011-25 & 649-011-30)" — Item No. D10. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, November 5, 2007 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Sam Shoucair, Senior Engineer. You may contact that staff member at (949) 443-6355 with any questions. The agenda, including agenda reports, is available to you on our web site: www.san'uancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: citvclerk(cD sen iva ncapistra no.org. Meg Monahan, MMC City Clerk cc: Timothy R. Busch, Chief Executive Officer, J-Serra High School*; George Mulcaire, The Busch Firm*; Don Fishbeck, Bluefin Construction Inc.; Nasser Abbaszadeh, P.E., Engineering & Building Director; Sam Shoucair, Senior Engineer * Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future Co P,,Wed on t00%recycled paper 32400 PASEO ADEIANTO /, J� t� MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 /�/ [!] (949)493-1171 SAMALLEVATo (949)493-1053 FAx ls" mcoAronatlo tStANlI5N40 196( THOMAS W.HRIBAR wwwsanjuancapislrano.org 1776 - JOE SOTEISEN JOE OTO DR.LONDRES USO November 8, 2007 NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO On November 6, 2007, the City Council of San Juan Capistrano met regarding: "Consideration of Acceptance of Improvements and Release of Surety for J-Serra High School South Campus (Pueblo Serra Worship Holdings) (APN 649-011-25 & 649-011-30)" Item No. D10. The following action was taken at the meeting: Resolution No. 07-11-06-02 adopted accepting certain public street, storm drain, sewer, water, and underground utility improvements; and staff authorized to release corresponding bonds, as revised to remove SECTION 3. If you have any questions regarding this action, please contact Sam Shoucair, Senior Engineer at (949) 443-6355 for more detailed information. Thank you,, V � Meg na an, MMC Cit Jerk Cc: Timothy R. Busch, Chief Executive Officer, J-Serra High School*; George Mulcaire; The Busch Firm"; Don Fishbeck, Bluefin Construction Inc.; Nasser Abbaszadeh, P.E., Engineering & Building Director; Sam Shoucair, Senior Engineer San Juan Capistrano: Preserving the Past to Enhance the Future �, Printed on 100%ratytletl paper PUEBLO SERRA WORSHIP HOLDINGS 2532 DUPONT DRIVE IRVINE, CA 92612 PHONE: (949) 474-7368 FAX: (949) 474-7732 January 3,2005 VIA HAND DELIVERY City of San Juan Capistrano Attention: Sam Shoucair 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Re: JSerra High School Project/City Bond Requirement Finalized Our File No. 2364-I-4.9 Dear Sam: Enclosed please find the remaining executed and notarized Performance Bond in the amount of$21,780 for the Phase II Storm Drains. This will bring the total amount of bonds delivered to the City of San Juan to $2,400,000 which satisfies JSerra High School bonding requirements in accordance with the Development Agreement. Please do not hesitate to call, if you have any questions in regards to the enclosed bonds. Very trul yours, J F. MOODY C 'rman of Development JSerra High School (949)474-7368 EM 102 Cell:(949)291-3771 email:jfmoody@buschfirm.com efax: (781)207-6456 JFM/cas Cc:Ron Peters;Jim Fumyama;John Kookootsedes(w/encl) eicc: TRB;GA;DFischbeck;JRamirez;JShaw,DMcFarland;JFM etckl: JFM:01:17:05 2364RSHOUCAIR 010305 CAS Best's Rating Center - Company Information for Insurance Company of the West Page 1 of 2 Rati =,, i y, ,�t Rating Center ^, View Ratings: Financial Strength Issuer Credit Securities Advanced Other Web Cer Rating Methodobgy }'] Search Select One rIndustry Research Ratings Definitions ' Insurance Company of the West Search Best's Ratings (a member of I_C_WGroup) Assigned to companies `- Press Releases A.M.Best#: 04667 NAIC#: 27847 FEIN M 952769232 that have, in our Related Products Address:P.O. Box 85563 Phone:858-350-2400 opinion, an excellent 1,' San Diego, CA 92186-5563 Fax 858-350-2792 ability to meet their I a.. Industry 8 Regional Web www.icwgroup.com ongoing obligations to polic Country Risk How to Get Rated Best's Ratings Contact an Analyst Financial Strength Ratings ViewDefinitions Issuer Credit Ratings View Definiti Rating: A.(Excellent) Long-Term: a- Affiliation Code: p(Pooled) Outlook: Stable Financial Size Category: IX($250 Million to$500 Million) Action:Assigned Outlook: Stable Date:July 30, 2007 Action: Affirmed Effective Date.July 30, 2007 *Denotes Under Review Best's Ratings 4w Reports and News Visit our NewsRoom for the latest news and press releases for this company and its A.M. Best Group Understanding Best's._Company_Report includes Best's Financial Strength Rating and rationale along with Best's Ratings analytical commentary,detailed business overview and key financial data. p Report Revision Date: 07/30/2007 (represents the latest significant change). Historical Reports are available in Best's Company_Rep_o t Archive. jBest's Executive Summary Reports(Financial Overview)-available in three versions,the IR style reports feature balance sheet, income statement, key financial performance tests includi liquidity and reserve analysis. Data Status: 2007 Best's Statement File- P/C, US. Contains data compiled as of 10/1/2007 t Checked). Single-Company-five years of financial data specifically on this company. Comparison-side-by-side financial analysis of this company with a peer group of up to fiv companies you select. Composite-evaluate this company's financials against a peer group composite. Report di average and total composite of your selected peer group. 1_ AMB Credit Report-._Business_Professional-provides three years of key financial data pre colorful charts and tables. Each report also features the latest Best's Ratings, Rating Rational from our Business Review commentary. Data Status: Contains data compiled as of 10/1/2007(Quality Cross checked). Best's Key.Rating_GuidePresentationRelport-includes Best's Financial Strength Rating a as provided in Best's Key Rating Guide products. Data Status: 2006 Financial Data(Quality Cross Checked). Financial and Analytical Products Best's Property/Casualty Center Premium Data&_R_eports Bests_Key Rating_Gwde. P../C_., US& Canada Best's Statement Ftle- P/C US Best's Statement File--Global http://www3.ambest.com/ratings/FullProfile.asp?B1=0&AMBNum=4667&A1tSre=1&Alt... 10/15/2007 z JSerra Catholic High School A Private Roman Catholic School Executive Office 2532 Dupont Drive, Irvine,California 92612 (949)474-6996 • Efax(801)469-6983 _ website: www.'serra.org n� August 8, 2007 X01;7 G/NAL Mr. Sam Shoucair City of San Juan Capistrano, Engineering Department 32400 Paseo Adelanto San Juan Capistrano, CA 92675 RE: Pueblo Serra Worship Holdings -- Performance Bonds Dear Mr. Shoucair: Construction for the South Campus of JSerra Catholic High School is complete. In addition, Pueblo Sena Worship Holdings has recorded a Notice of Completion with the Orange County Recorder's Office and the time period has run for over 60 days. Therefore, we request that the City release the following performance bonds that were provided pursuant to the Development Agreement: Public Streets and Traffic Control $4j9,857 1 2 1 ' Public Storm Drain $435,225 — v Public Sewer $8,184 - Phase II Public Streets $621,000 Public Water $70,000 Oso Parkway $680,000 SDG&E $143,954 Storm Drain, Phase II $212,780 Grading and Erosion Control $129,490 Stockpiling Plan, Erosion Control $25,000 Thank you for your assistance on this matter and please let me know if you need any additional information. f rExecutive r CH cer 5} " JSerra High School (949)474-7368 Ext loo ,( Cell:(949)337-5040 g email:tbusch@buwhfkm.com buwhfkm.com efm (781)207-0713 TRB:IIw ecc: DFischbeck;John Moody/eTekl: TRB;GPM:08:14:07 School Campus 26351 Junipero Serra Road, Suite 180, San Juan Capistrano,CA 92675 Phone: (949)493-9307; Fax: (949)493-9308 Accredited by the Western Association of Schools and Colleges 2364C\Shoucair 080707 llw 2364-1-4.9 Recorded in Offici Records, Orange County Tom Daly, Clerk-Recorder IIIIBUIPIIIlliiill�6111�hllll!II�IIIIIiIIIIiII�IIIIIIIIIIIiIIIIIIIINO FEE 2004000865150 03,31pm 09127/04 213 110 Al2 26 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Recording Requested by And When Recorded Return to: Meg Monahan City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, Ca. 92675 n [Exempt From Recording Fees-G.C. 6103] DEVELOPMENT AGREEMENT (Assessor's Parcel #649-361-03; 649-011-025; 649-011-30, County of Orange, California) This Development Agreement is made this day of 004, by and between the City of San Juan Capistrano ("City') and Pueblo Holdings, a California not for profit religious corporation ("Developer"). The City and Developer are also referred to as "Parties" and individually as a "Party". RECITALS Whereas, Developer owns in fee simple title approximately 9 acres of real property adjacent to, and east of, Camino Capistrano and northerly of Junipero Serra Road and designated as Orange County Assessor's Parcel # 649-361-03. Developer currently has a vested leasehold interest in approximately 29 acres of unimproved real property southerly of Junipero Serra Road and designated as Orange County Assessor's Parcel # 649-011-025, & 649-011-30. All three above stated parcels are collectively referred to herein as the "Subject Property", and Whereas, Assessor's Parcel # 649-361-03 is commonly referred to as the "north campus" and Assessor's Parcels # 649-011-025 & 649-011-30 are commonly referred to as the "south campus", and Whereas, on or about July 25, 2002, citizens of San Juan Capistrano commenced circulation of the "JSerra Education Initiative" which is hereby expressly incorporated by this reference as if set forth in full ("the Initiative"), and Whereas, the City Council on May 19, 2003 adopted the Initiative pursuant to the requirements of the state Elections Code, and 1032/022359-0003 515451.02 a09/02/04 23841\City of SX/Development Agr betw PSWH and City CL1 1 SD Whereas, on June 30, 2004, the California Court of Appeal, in Native American Sacred Site and Environmental Protection Association v. City of San Juan Capistrano (Case. No. G033198) affirmed that the City's adoption of the Initiative on May 19, 2003 was lawful; and Whereas, the Initiative contains General Plan and zoning regulations that allow the previously-entitled structures on the north campus to be used as a private Catholic high school and also allow the development of supporting school facilities on the south campus, and Whereas, construction of improvements on the south campus parcels as applied for by Developer entail Architectural Control land use approvals from the City, and Whereas, the Parties agree that this Agreement will promote and encourage the development of the Subject Property by providing the Developer, and its successors, assigns, and lenders, with a greater degree of certainty as to the Developer's ability to complete the Project, and that the consideration to be received by the City pursuant to this Agreement and the rights secured to Developer hereunder constitute sufficient consideration to support the covenants and agreements of the Parties, and Whereas, the Agreement provides a mechanism by which the City can obtain valuable public revenues which will assist in the long-standing, desired economic development of the Subject Property and which will offset costs for City services such as police, fire, and recreational services, while at the same time ensuring the prompt processing of applications for the development and operation of a Catholic high school on the Subject Property; and Whereas, the City has processed, considered, and approved an environmental impact report that has fully analyzed the environmental impacts of the project NOW, THEREFORE, City and Developer mutually agree as follows: ARTICLE 1. General Provisions. 1.1 Ownership of the Property. The City and Developer acknowledge and agree that Developer has the requisite legal or equitable interest in the Subject Property, and thus, Developer is qualified to enter into and be a party to this Agreement in accordance with Government Code section 65865(b). 1.2 Assignment of Rights. Developer shall be permitted to assign or otherwise transfer this Agreement, and its rights and obligations hereunder, to any other person, firm or entity, but only if the prior 1032/022359-0003 515451.02 x09/02/04 23041\City of SJC/Development Agr betty PSWH and City CLI 2 written consent of the City or the City's delegate is obtained. Such consent of the City shall not be unreasonably withheld. Notwithstanding any other provisions in this Agreement (including, but not limited to, the previous two sentences), Developer or its successors in interest may assign or otherwise transfer this Agreement and its rights and obligations hereunder to any entity or entities owned or controlled either directly or indirectly by Junipero Serra High School, a California non-profit religious corporation ("JSerra High School") (each such entity being a "Permitted Transferee"). Assignments or transfers of the Agreement, or rights or obligations thereunder, to a Permitted Transferee do not require the prior written consent of the City, such consent being affirmatively given herein. As used in this subsection "owned or controlled by" means an entity in which JSerra high School has either a direct or indirect equitable or beneficial ownership interest equal to at least 25% or an amount sufficient to exercise control, or a limited liability company in which Timothy R. Busch or an entity controlled by Timothy R. Busch serves as a managing member. The provisions of this Agreement shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns. To the extent of the interest of the Developer, and its assigns, in the Subject Property, the covenants of Developer set forth in this Agreement shall be covenants running with the land and enforceable to the full extent permitted by applicable law. 1.3 Term. Unless otherwise terminated as provided in this Agreement or otherwise provided, this Agreement shall continue in full force and effect for a period of 20 years from its effective date. ARTICLE 2. Development of the Property. 2.1 Vested Right to Develop. Pursuant to Government Code sections 65865.4 and 65866, Developer is obtaining vested rights to develop the Subject Property in accordance with applicable General Plan and zoning regulations, as amended by the Initiative, the terms of this Agreement, and Architectural Approval (AC) 02-07. Unless amended or terminated in the manner specified in this Agreement (and subject to the provisions of this Agreement), Developer shall have the rights and benefits afforded by this Agreement and this Agreement shall be enforceable by Developer and the City notwithstanding any growth control measure or any development moratorium adopted after the Execution Date, or any change in applicable general or specific plans, zoning, or subdivision regulation adopted by the City which alter or amend the City's General Plan or Zoning Code or effect a change to City policies that prevent or materially adversely affect development of the Project as 1032/022359-0003 515451.02 ao9/02/04 2364PCity of SSC/Development A9r betw PSWH and City CLI 3 contemplated by this Agreement and Architectural Approval (AC) 02-07. Developer agrees to comply with all conditions of approval imposed on the project through City's adoption of Architectural Approval (AC) 02-07 . 2.2 Permitted Uses. (a) Unless otherwise provided by this Agreement, the land use rules, regulations and official policies governing the permitted uses of the Subject Property, governing density, design, improvement, and construction standards and specifications, applicable to development of the property shall be those rules, regulations, and official policies set forth in the Initiative, the Architectural Approval, and the land use rules, regulations, and official policies in force at the time of the execution of the agreement. Pursuant to Government Code section 65866, the City in subsequent land use actions applicable to the Property may apply new rules, regulations, and policies which do not conflict with those rules, regulations, and policies which are applicable to the Subject Property. (b) In addition, at no time shall the student population of the school exceed 2,000 full time equivalent students. Full time equivalent students does not include individuals who are not enrolled in the school and who attend after school programs at the school facilities. (c) Performing Arts Center. Developer intends to propose a Performing Arts Center on the South Campus at a future point in time. Developer may apply for an exception to the City's 35 foot height rule as part of an architectural control ("AC") application by filing an exception request with the AC application. The following criteria shall apply in the Planning Commission's determination of whether to grant a height limitation exception: (1) whether the design and layout of the structure is compatible with surrounding land uses; (2) whether the general design considerations, including the character, scale, and quality of the design are consistent with the City's Design Guidelines; (3) whether the design and layout would pose significant impairment of view sheds; (4) whether Developer has demonstrated that feasible design solutions have been studied such that the specific height proposed represents the only feasible means available to construct the proposed structure. (d) If any provision of the City's Title 9 Zoning regulations otherwise applicable to the South Campus project is found to be in conflict with the Architectural Control approval for the South Campus or the terms of this Development Agreement, then the Architectural Control approval and the Development Agreement shall control and supercede the conflicting provisions in the City's Zoning Regulations. 2.3 Future Developer Requested Land Uses Changes. Developer shall not be entitled to any change, modification, revision or 1032/022359-0003 515451.02 a09/02/04 2364Mity of SX/Development Agr betty PSWH and City CO 4 alteration in applicable General Plan and zoning regulations or Architectural Control (AC) 02-07 without review and approval by the City in accordance with City's Municipal Code requirements as they relate to modification of such land use entitlement requirements. 2.4 Future Voter Actions. Notwithstanding any other provision of this Agreement to the contrary, any general plan amendment, zoning ordinance or regulation, or any other law, policy, or procedure adopted by the voters of the City after the Execution Date of this Agreement shall not apply, in whole or in part, to the Subject Property or the JSerra High School project, unless such voter approved amendments expressly further the development of the Subject Property for the JSerra High School Project. Additionally, because the Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Cal.3d 465 that the failure of the parties therein to provide for the timing of development permitted a later enacted ordinance restricting the timing of development, it is the intent of the Developer and the City to hereby acknowledge and provide a right for the Developer to develop the Project in such an order and at such rate and time as Developer deems appropriate within the exercise of its sole and subjective business judgment. 2.5 Reservation of Authority/Exceptions. Notwithstanding any other provision of this Agreement, the following additional subsequent land use regulations shall apply to the development of the Subject Property: (a) Processing fees and charges of every kind and nature imposed or enacted by the City to cover the estimated actual costs to the City of processing applications for land use approvals or for monitoring compliance with applicable land use approvals; (b) Procedural regulations consistent with this Agreement relating to hearing bodies, applications, notices, findings, records, hearing, reports, recommendations, appeals and any other matter of procedure; (c) Changes adopted by the International Conference of Building Officials, or other similar body, as part of the then most current versions of the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, Uniform Mechanical Code, National Electrical Code, or Dangerous Building Code. 1032/022359-0003 515451.02 x09/02104 23641\City of WC/Development Agr betw PSWH and City CL1 5 (d) Regulations that are in conflict with Developer's Project provided Developer has given written consent to the application of such regulations to the Subject Property. (e) (e) Federal, state, county, and multi-jurisdictional laws and regulations which the City is required to enforce as against the Subject Property or development of the Subject Property. (f) Utility connection fees which would ordinarily be required to be paid by Developer. (g) Regulations that do not apply to the development of the Subject Property but to future potential temporary uses such as temporary use permits. 2.6 Modification or Suspension by Federal, State, County, or Multi- Jurisdictional law. In the event that federal, state, county, or multi-jurisdictional laws or regulations, enacted after the effective date of this Agreement, prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such federal, state, county, or multi-jurisdictional laws or regulations, and this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provision impractical to enforce. ARTICLE 3. PUBLIC BENEFITS 3.1 General. The Parties acknowledge and agree that Developer's Project will result in demands on public services and further acknowledge and agree that this Agreement confers unique benefits to Developer that can be balanced by the provision of public benefits to the City. Accordingly, the Parties intend by this Agreement to provide additional consideration to the public that exceeds the costs attributed to the demands on public services created by the project. 3.2 Per Student Fee Imposition. Developer shall make payments to the City as follows: 3.2.1 For the school year commencing September 1, 2005 through August 31, 2006, Developer shall pay City a single Per Student Mitigation Fee of One Hundred Seventy-Two Thousand Dollars ($172,000). 3.2.2 For the school years commencing September 1, 2006 through August 31, 2007 and each school year thereafter for 1032/022359-0003 515451.02 x09/02/04 2360City of SX/Development Agr betty PSWH and City CL1 6 the duration of this Agreement, Developer shall pay the City an annual fee ("Per Student Mitigation Fee") equal to Two Hundred Dollars ($200) per student enrolled in the regular full time curriculum at the School as of October 1, but in any event not less than Two Hundred Thousand Dollars ($200,000) per school year. As an example, if during the September 1, 2006 through August 31, 2007 school year, Developer has a student enrollment of 500 students, Developer shall pay the City $200,000 to cover the annual payment for that school year ($200 x 500= $100,000, which is less than $200,000). If, however, during this same school year, Developer has a student enrollment of 2,000 students, Developer shall pay the City Four Hundred thousand Dollars ($400,000) for that school year ($200 x 2,000= $400,000). 3.2.3 In addition to the above provisions, commencing the third year the Per Student Mitigation Fee (initially at $200 per student) is to be paid by Developer pursuant to Section 3.2.2, the Per Student Mitigation Fee shall be increased two percent (2%) per year (on original base amount). 3.2.4 The Parties expressly acknowledge that at this point in time, it is unclear whether the Subject Property will be deemed by the applicable authority to be exempt from the payment of real property taxes. To this end, notwithstanding any of the provisions of this Agreement, if the Subject Property is not deemed to be tax exempt in its entirety, Developer shall continue to be obligated to pay the annual Per Student Mitigation Fee set forth above, but the amount due shall be reduced by an amount equal to the sum of (1) the gross real property taxes and assessments attributable to the Subject Property that is allocated to (a) the City, (b) City-controlled special districts, and (c) other City-controlled taxing entities, and (2) the gross property tax increment attributable to the Subject Property allocated to the Community Redevelopment Agency of the City pursuant to Health and Safety Code section 33670(b) or successor statute (collectively, the "City/Agency Property Tax Allocation"). The City/Agency Property Tax Allocation shall not include the diversion of all or a portion of City or Agency property tax receipts attributable to the Subject Property to the Educational Revenue Augmentation Fund, but shall include all other tax amounts attributable to the Subject Property which would otherwise be received by the City or Agency but for the other acts of the County of Orange, State of California, or federal government. If the Per Student 1032/022359-0003 515451.02 x09/02/04 2364itCity of WC/Development Agr betw PSW H and City CL1 7 Mitigation Fee is less than zero (e.g., City/Agency Property Tax Allocation exceeds the Per Student Mitigation Fee owed for a particular year), Developer shall not be obligated to make any Per Student Mitigation Fee Payment for that school year and the amount less than zero shall be carried over to the following year and added to the City/Agency Property Tax Allocation for the following year. The City/Agency Property Tax Allocation is determined on the basis of a July 1 to June 30 fiscal year. The City/Agency Property Tax Allocation for a particular fiscal year shall correspond to the school year falling principally within the fiscal year (e.g., the City/Agency Property Tax Allocation for the period July 1, 2005 to June 30, 2006, shall apply to the school year falling September 1, 2005 to August 31, 2006). 3.2.5 Notwithstanding the provisions of Sections 3.2.1 through 3.2.4 above, the Per Student Mitigation Fee shall never exceed, per fiscal year, that amount equal to the City/Agency Property Tax Allocation the City, City-controlled special districts, other City controlled taxing entities, and the Community Redevelopment Agency of the City of San Juan Capistrano would have received if the Subject Property was not deemed to be tax exempt. The parties expressly agree that the purpose of this provision is to ensure that no party obtains a financial windfall. 3.2.6 Timing of Payment. Developer shall be obligated to make the Per Student Mitigation Fee for the school year falling principally within the corresponding fiscal year and such payment shall be made within sixty (60) days after such fiscal year ending June 30, subject to notification of Developer of the amount due, if applicable. 3.2.7 Interest Penalty for Late Payments. If Developer fails to make a payment of the Per Student Mitigation Fee to the City (if required when the credit for the City/Agency Property Tax Allocation is applied) within four (4) weeks from delivery of written notice from the City setting forth the amount of the Per Student Mitigation Fee due for such year, then a penalty at the rate of the Prime Rate plus three percent (3%) per annum shall be applied to the payment. For purposes of this section, the applicable Prime Rate shall be published in the Wall Street Journal on the 15th day of the prior month (or preceding business day if the 15th day is not a business day). 1032/022359-0003 515451.02 a09/02/04 23641\City of SJC/Development Agr betw PSWH and City CU 8 3.2.8 Reconciliation of Per Student Mitigation Fee Payments. The Parties hereby expressly acknowledge and agree that the Per Student Mitigation Fee Payments may need to be reconciled on a yearly basis to ensure effectuation of and adherence to the Parties' intentions as expressed in this Article. To this end, the Parties agree to create a mechanism by which to ensure that no overpayments or underpayments of the Per Student Mitigation Fee Payments are made. 3.2.9 Security. If Developer fails to make a Per Student Mitigation Fee payment to the City (if required when the credit for the City/Agency Tax Allocation is applied) within four (4) weeks from delivery of written notice from the City setting forth the amount due, Developer shall be required to provide immediate payment of the amount in arrears and shall also be required to immediately deposit with City, to be held in trust in a separate, segregated fund, $200,000 to cover one year's worth of a Per Student Mitigation Fee Payment. This amount held in trust shall not be expended by the City for any purpose, and shall be held as security for Developer's obligations set forth herein. The $200,000 security shall be held in an interest bearing account to be mutually agreed upon by Developer and the City, with interest bearing on the account to be payable to the Developer on January 31 of every year. 3.2.10 Audit. City at its discretion is entitled to request and Developer shall cooperate with a third party audit of school records pertaining to the student fee obligation. 3.3 Joint Public Use of Project Facilities. Developer and City agree to enter into a memorandum of understanding for the joint use of certain designated portions of the south campus facilities by the City. The Parties acknowledge that the "Joint Facilities Use Agreement", dated April 22, 1996, between the City and the Capistrano Unified School District will serve as a model of the memorandum of understanding to be entered into between the City and Developer pursuant to this Section. 3.4 Financial Aid for, and Outreach to, City Children. Developer agrees to designate a portion of its financial aid program exclusively for children of City residents. A committee made up of local individuals (e.g., a Councilmember, Developer representative, cultural commission member, etc.) will distribute awards. Such awards shall be reviewed and approved by JSerra's financial aid 10321022359-0003 515451.02 a09/02/04 23041\City of SSC/Development Agr betw PSWH and City CL1 9 committee. Developer also shall adopt a proactive outreach program to attract students from the City focusing particularly on the economically distressed areas of the City. 3.5 Commitment to On-Site Private Security. Developer agrees to provide private, 24-hour security at the School utilizing a combination of electronic monitoring systems and patrols. 3.6 Traffic Mitigation Obligation. Developer shall perform certain traffic impact mitigation activities more particularly set forth in Exhibit A, attached and incorporated herein by reference, under the terms and conditions as set forth in Exhibit A. ARTICLE 4. REVIEW FOR COMPLIANCE 4.1 Periodic Review. The City Council shall review this Agreement annually, on or before the anniversary of the Effective Date, in order to ascertain the good faith compliance by Developer, with the terms of the Agreement. As part of that review, Developer shall submit an annual monitoring review statement describing its actions in compliance with the Agreement, in a form acceptable to the City Manager or his/her authorized designee, within thirty (30) days after written notice therefrom requesting such a statement. The statement shall be accompanied by an annual review and administration fee sufficient to defray the estimated costs of review and administration of the Agreement during the succeeding year. The amount of the annual review and administration fee shall be the actual costs incurred by City as determined by the City Manager, but not to exceed $1,000 without the express prior approval of the Developer. No failure on the part of the City to conduct or complete the review as provided herein shall have any impact on the validity of this Agreement. 4.2 Special Review. The City Council may, in its sole and absolute discretion, order a special review of compliance with this Agreement at any time at City's sole cost. Developer shall cooperate with the City in the conduct of such special reviews. 4.3 Procedure. Each Party shall have a reasonable opportunity to assert matters which it believes have not been undertaken in accordance wit the Agreement, to explain the basis for such assertion, to receive from the other Party a justification of is position on such matters. 4.3.1 If on the basis of the Parties' review of any terms of the Agreement, either Party concludes that the other Party has 10321022359-0003 515451.02 a09/02/04 23841\City of SJC/Development Agr betty PSWH and City CU 10 not complied in good faith with the terms of the Agreement, then such Party may issue a written "Notice of Non- Compliance" specifying the grounds therefore and all facts demonstrating such non-compliance. 4.3.2 The Party receiving a Notice of Non-Compliance shall have thirty (30) days to cure or remedy the non-compliance identified in the Notice of Compliance, or if such cure or remedy is not reasonably capable of being cured or remedied with such thirty (30) days period, to commence to cure or remedy the non-compliance and to diligently and in good faith prosecute such cure or remedy to completion. 4.3.3 If the Party receiving the Notice of Non-Compliance does not believe it is out of compliance and contests the Notice, it shall do so by responding in writing to said Notice within ten (10) calendar days after receipt of the Notice. 4.3.4 If the response to the Notice of Non-Compliance has not been received in the offices of the Party alleging the non- compliance within the prescribed time period, the Notice of Non-Compliance shall be presumed to be valid unless good cause exists for not responding within the time period. 4.3.5 If a Notice of Non-Compliance is contested, the Parties shall, for a period of not less than fifteen (15) days following receipt of the response, seek to arrive at a mutually acceptable resolution of the matter(s) occasioning the Notice. In the event that a cure or remedy is not timely effected or, if the Notice is contested and the Parties are not able to arrive at a mutually acceptable resolution of the matter(s) by the end of the fifteen (15) day period, the party alleging the non-compliance may thereupon pursue the remedies provided in Section 5.4 of this Agreement. 4.3.6 Neither Party hereto shall be deemed in breach if the reason for noncompliance is due to a "force majeure" as defined in, and subject to the provisions of Section 10.7 below. 4.4 Certificate of Agreement Compliance. If, at the conclusion of a periodic or special review, Developer is found to be in compliance with this Agreement, City shall, upon request by Developer, issue a Certificate of Agreement Compliance ("Certificate") to Developer stating that after the most recent Periodic or Special Review and based upon the information known or made known to the City Council that (1) this Agreement remains in effect and that (2) 1032/022359-0003 515451.02 009/02/04 23641\City of SJCIDevelopment Agr betw PSW H and City CLI 11 Developer is in compliance. The Certificate, whether issued after a Periodic or Special Review, may be in recordable form if required, shall contain information necessary to communicate constructive record notice of the finding of compliance, and shall state that the Certificate expires upon the earlier of (i) one (1) year form the date thereof, or (ii) the date of recordation of a Notice of Termination of Development Agreement. Additionally, Developer may at any time request from the City a Certificate stating, in addition to the foregoing, which obligations under this Agreement have been fully satisfied with respect to the Subject Property, or any lot or parcel within the Subject Property. Developer may record the Certificate with the County Recorder. If City does not expressly issue a Certificate, or expressly decline to issue a Certificate within 15 calendar days of after the conclusion of the periodic or special review, a Certificate shall be deemed to have been provided to Developer. ARTICLE 5. TERMINATION/DEFAULT AND REMEDIES 5.1 Termination for Default by Developer. The City may terminate this Agreement for any failure of Developer to perform any of its material duties or obligations hereunder to comply in good faith with the terms of this Agreement (hereinafter referred to as "default' or "breach"); provided, however, the City may terminate this Agreement pursuant to this Section only after following the procedure set forth in Section 4.3. 5.2 Termination of Agreement for Default of City. Developer may terminate this Agreement pursuant to this Section only after following the procedure set forth in Section 4.3 and thereafter providing written notice by Pueblo Serra to the City of the default setting forth the nature of the default and the actions, if any, required by the City to cure such default and, where the default can be cured, the failure of the City to cure such default within thirty (30) days after the effective date of such notice or, in the event that such default cannot be cured within such thirty (30) day period, the failure of the City to commence to cure such default within such thirty (30) day period and to diligently proceed to complete such actions and to cure such default. 5.3 Rights and Duties Following Termination. Upon the termination of this Agreement, no Party shall have any further right or obligation hereunder except with respect to (i) any obligations to have been performed prior to said termination, or (ii) any material default in the performance of the provisions of this Agreement which has occurred prior to said termination. 1032/022359-0003 515451.02 x09/02/04 23641\City of SX/Development Agr betw PSWH and City CL1 12 5.4 Dispute Resolution by Binding Arbitration. Subject to the notice of default and opportunity to cure under Section 4.3, all disputes, claims, and questions regarding the rights and obligations of the Parties under the terms of this Agreement shall be resolved by binding arbitration. In case of a dispute, either party may make a demand for Arbitration by filing such demand in writing with the other party within ten (10) days after the notice of default and cure process has been exhausted. The arbitrator shall be mutually selected by the Parties. In the event that the Parties cannot agree on an arbitrator within ten (10) days, then one or both Parties shall file a written request with the Judicial Arbitration and Mediation Service ("JAMS") for a list of nine (9) potential arbitrators. Upon receipt of such list, the Parties shall promptly conduct a strike-off of unacceptable names. A coin toss shall be initially conducted to determine which Party shall strike off the first name. Once the arbitrator is chosen, the Parties immediately shall forthwith request JAMS to set an arbitration hearing not later than 120 days from date of the arbitration request. Costs of the arbitration proceeding shall be shared equally. 5.5 Surety Bond. Nothing in this Article shall prevent City from making a demand on the surety bond for untimely performance of the traffic mitigation measures set forth in Exhibit A provided the provisions of section 4.3 have been complied with. ARTICLE 6. THIRD PARTY LITIGATION The City shall promptly notify Developer of any claim, action, or proceeding filed and served against the City to challenge, set aside, void, annul, limit or restrict the approval and continued implementation and enforcement of this Agreement. Developer agrees to fully defend and indemnify the City for all costs of defense and/or judgment obtained in any such action or proceeding. Developer shall assume the obligation of providing a legal defense in such litigation, including the choice of defense legal counsel, unless otherwise provided for by mutual stipulation of the Parties. ARTICLE 7. MORTGAGEE PROTECTION 7.1 The Parties hereto agree that this Agreement shall not prevent or limit Pueblo Serra, in any manner, at Pueblo Serra's sole discretion, 1032/022359-0003 515451.02 x09/02/04 23641\City of SX/Development Agr betty PSWH and City CL1 13 from encumbering the Subject, Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Subject Property. The City acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with Pueblo Sera and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. Subject to compliance with applicable laws, the City will not unreasonably withhold its consent to any such requested interpretation or modification provided the City determine such interpretation or modification is consistent wit the intent and purposes of this Agreement. 7.2 Any Mortgagee of the Subject Property shall be entitled to the following rights and privileges: (a) Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Subject Property made in good faith and for value, unless otherwise required by law. (b) The Mortgagee of any mortgage or deed of trust encumbering the Subject Property, or any part thereof, which Mortgagee has submitted a request in writing to the City in the manner specified herein for giving notices, shall be entitle to receive written notification from the City of any default by Pueblo Serra in the performance of Pueblo Serra's obligations under this Agreement. (c) If the City timely receives a request from a Mortgagee requesting a copy of any notice of default given to Pueblo Serra under the terms of this Agreement, the City shall make a good faith effort to provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to Pueblo Serra. The Mortgagee shall have the right, but not the obligation, to cure the default during the period that is the longer of (i) the remaining cure period allowed such Party under this Agreement or (ii) thirty (30) days. (d) Any Mortgagee who comes in to possession of the Subject Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Subject Property, or party thereof, subject to the terms of this Agreement. Notwithstanding any other provision of this Agreement to the contrary, no 1032/022359-0003 515451.02 a09/02/04 23841\City of SX/Development Agr betw PSWH and City CL1 14 Mortgagee shall have an obligation or duty under this Agreement to perform any of Pueblo Serra's obligations or other affirmative covenants of Pueblo Serra hereunder, or to guarantee such performance; except that (i) to the extent that any covenant to be performed by Pueblo Serra is a condition precedent to the performance of a covenant by the City, the performance thereof shall continue to be a condition precedent to the City's performance hereunder, and (ii) in the event any Mortgagee seeks to develop or use any portion of the Property acquired by such Mortgagee by foreclosure, deed of trust or deed in lieu of foreclosure, such Mortgagee shall strictly comply with all of the terms, conditions and requirements of this Agreement and the Development Plan applicable to the Subject Property or such part thereof so acquired by the Mortgagee. ARTICLE 8. INSURANCE Developer shall submit within 30 days from date of adoption of the ordinance approving this Development Agreement to the City duplicate originals of policies and endorsements, or appropriate certificates of insurance, of public liability insurance and broad form property damage insurance policies in the amount of not less than Two Million Dollars ($2,000,000), combined single limits, for death and injury to any person and property damage, naming the City and its officers, officials, employees, agents, and representatives as additional insureds, and in addition all such insurance: (a) shall be primary insurance and not contributory with any other insurance the City or its officers, officials, employees, agents, and representatives may have; (b) shall contain no special limitations on the scope of protection affordable to the City and its officers, officials, employees, agents, and representatives; (c) shall be "date of occurrence" and not "claims-made' insurance; (d) shall apply separately to each insured against whom claim is made or suit is brought, except with the respect to the limits of the insurer's liability; (e) shall provide that the policy shall not be canceled by the insurer or Developer unless there is a minimum of ninety (90) days prior written notice to the City; 1032/022359-0003 515451.02 a09/02/04 23841\City of SX/Development Agr betw PSWH and City CL1 15 (f) shall be endorsed to include a waiver of subrogation rights against the City or its officers, Officials, employees, agents, and representatives; and (g) shall otherwise be in a form acceptable to the Office of the City Attorney. ARTICLE 9. INDEMNITY Developer agrees to and shall indemnify, defend, and hold harmless the City and the City's officers, officials, members, employees, agents, and representatives, from and against any and all claims, liabilities, damages, and losses, including without limitation reasonable attorneys' fees and litigation expenses, including court, courts and expert witness fees (collectively, "Claims") arising out of City's approval of land use entitlements for Developer's project and this development agreement; or due to the death or personal injury of any person, or physical damage to any person's real or personal property, caused by construction of improvements by, or construction-related activities of, Developer or Developer's employees, agents, representatives, servants, invitees, consultants, contractors, or subcontractors (collectively, "Developer's Representatives") on the Property, or for any construction defects in any improvements constructed by Developer or Developer's Representatives on the Subject Property; provided, however, that Developer shall not be required to indemnify the City for any and all misconduct of the City, or the City's officers, officials, members, employees, agents, or representatives, subject to any immunities which may apply to the City with respect to such Claims. The foregoing indemnification provision shall survive the termination of this Agreement. ARTICLE 10. MISCELLANEOUS PROVISIONS 10.1 Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the Parties with respect to the subject matter set forth herein, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony of evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. 10.2 Severability. If any word, phrase, term, provision, clause, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the invalid provision shall be deemed to be severable from the, remaining provisions contained within the Agreement. The Parties hereby state and acknowledge they would 1032/022359-0003 515451.02 x09/02/04 23041\City of SX/Development Agr betw PSWH and City CU 16 have adopted each and every provision contained within this Agreement notwithstanding the presence of an invalid provision. 10.3 Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party or in favor of the City shall not be employed in interpreting this Agreement, all Parties having been represented by counsel in the negotiation and preparation hereof. 10.4 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 10.5 Waiver. Failure of a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, or the failure by a Party to exercise it s rights upon the default of the other Party, shall not constitute a waiver of such Party's right to insist and demand strict compliance by the other Party with the terms of this Agreement thereafter. 10.6 No Third Party Beneficiaries. This Agreement is made an entered into for the sole protection and benefit for the Parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 10.7 Force Majeure. Upon the Effective Date of this Agreement, Neither Party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by earthquakes, other acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond the party's control (including the Party's employment force), court actions (such as restraining orders or injunctions), or other causes of a similar nature beyond the Party's reasonable control. If any such events shall occur, the term of this Agreement and the time for performance shall be extended for the duration of each such event, provided that the term of this Agreement shall not extended under any circumstances of more than five (5) years. 10.8 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or 1032/022359-0003 515451.02 a09/02/04 23641\City of SX/Development Agr betw PSWH and City CL1 17 subsequent performance by the Party benefited thereby of the covenants to be performed hereunder by such benefited Party. 10.9 Litigation Expenses. In the event of any action pursuant to section 5.4 between the City and Pueblo Serra seeking enforcement of any of the terms and conditions to this Agreement, the prevailing party in such action shall be awarded, in addition to such relief to which such party entitled under this Agreement, its reasonable litigation costs and expenses, including without limitation its expert witness fees and reasonable attorneys' fees. 10.10 Covenant Not to Sue. The Parties to this Agreement, and each of them, agree that this Agreement and each term hereof is legal, valid, binding, and enforceable. The Parties to this Agreement, and each of them, hereby covenant and agree that each of them will not commence, maintain, or prosecute any claim, demand, cause of action, suit, or other proceeding against any other Party to this Agreement, in law or in equity, or based on an allegation, or assert in any such action that this Agreement or any term hereof is void, invalid, or unenforceable under the Development Agreement legislation. 10.11 Project as a Private Undertaking. It is specifically understood and agreed by and between the Parties that the Development of the Subject Project is a private development, that neither Party is acting as the agent of the other in any respect hereunder, and that each Party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between the City and Pueblo Serra is that of a government entity regulating the Development of private property, on the one hand, and the holder of a legal or equitable interest in such property and as a current or future holder of fee title to such property, on the other hand. 10.12 Corporate Authority. The person(s) executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party are duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other agreement to which such Party is bound. 1032/022359-0003 515451.02 a09/02/04 23641\City of WC/Development Agr betty PSWH and City CLI 18 10.13 Notices. All notices under this Agreement shall be effective upon personal delivery, via facsimile so long as the sender receives confirmation of successful transmission from the sending machine, or three (3) business days after deposit in the United States mail, first class, postage fully prepaid and addressed to the respective Parties as set forth below or as to such other address as the Parties may from time to time designate in writing: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: City Manager Facsimile: (949) 488-3874 To Pueblo Serra: Pueblo Serra Worship Holdings 2532 Dupont Drive Irvine, CA 92612 Attn: Timothy Busch Telephone: (949) 474-7368x100 Facsimile: (949) 474-7732 Copy to: Rutan & Tucker, LLP 611 Anton Boulevard, 14th Floor Costa Mesa, CA 92626 Attn: John A. Ramirez, Esq. Facsimile: (714) 564-9035 And George Mulcaire The Busch Firm 2532 Dupont Drive Irvine, CA 92612 Telephone: (939) 474-7368 x205 Facsimile: (949) 474-7732 10.14 Notability of City Officials. No officer, official, member, employee, agent, or representatives of the City shall be liable for any amounts due hereunder, and no judgment or execution thereon entered in any action hereon shall be personally enforced against any such officer, official, member, employee, agent, or representative. 10.15 Time of the Essence. The Parties expressly acknowledge and that time is of the essence in the performance of the provisions of this Agreement. 1032/022359-0003 515451.02 a09102/04 23641\City of SX/Development Agr betw PSWH and City CO 19 10.16 Execution Date. The Execution Date of this Agreement is that date on which all parties have executed this Agreement. 10.17 Effective Date/Condition Subsequent. This Agreement shall not go into effect until the earlier of the occurring of the following: (a) 60 days following the lapsing of any and all statutes of limitation applicable to any legal challenge to any of the project approvals, including Architectural Permit _, this Agreement, and to any and all environmental impact reports prepared in connection with the project approvals, or (b) 60 days following the entry of a final, non- appealable judgment in any action challenging any of the project approvals, including Architectural Permit_, this Agreement, and any and all environmental impact reports prepared in connection with the project approvals. If litigation results in the invalidation of any of the project approvals, including Architectural Permit_, this Agreement, or any and all environmental impact reports prepared in connection with the project, this Agreement shall be void and shall be of no further force and effect. 10.18 Survival Clause. Notwithstanding Section 1.3 of this Agreement, Sections 2.2(b), 3.2, 3.3, 3.4, 4.1, 4.2, 4.3, 4.4, 5.1, 5.2, 5.3, 5.4, 7.1, and 7.2 shall survive the termination of this Agreement after 20 years pursuant to Section 1.3. 1032/022359-0003 515451.02 a09/02/04 235411City of SJC/Development Agr betw PSWH and City CLI 20 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and year first set forth above. City: Y OF S N U N APISTRANO By ATTEST: Mayor, of San Juan Capistrano — � �� By M Monahan v Ci Clerk APP VE AS TO FORM: By Jo n Shaw, City Attorney PUEBLO SERRA WORSHIP HOLDINGS, a Californianqn-*ofit religious cor By Pr nted Nam (Tipdo6y R. Busch Its: Chief Executive Officer STATE OF CALIFORNIA ) ) SS. COUNTY OF U f G (%6,e /)1 On S,f ,9 . a o o4 , before me, a Notary Public, T personally appeared , 131"y Q L. S" 'L— , personally known to me-OR- [] proved to me on the basis of satisfactory evidence to be the e sonfo whose name* islace subscribed to the within instrument and acknowledged to me that he/ebi executed the same in his> authorized capacity, and that by hisHM"emw signature* on the instrument the person( or the entity upon behalf of which the person$* acted, executed the instrument. Witness my hand and official seal. / CATHERINE C.-D,--- 1L C'� V COMM,#1337311 Ct 4 _ i7 t / p - NOTARY PUBLIC-CAurORNiAO SIGNATURE OF NOTARY ORANGE COUNTY O COMM.EXP,JAN-30,2006 1032/022359-0003 515451.02 a09/02/04 23641\City of SX/Development Agr betty PSWH and City CL1 21 •PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 1181) On September 22,2004 before me,Margaret R.Monahan, City Clerk,personally appeared Joe Soto personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. AL) a! WITNESS my hand and official seal. c, • f, IM 1776 M garet R. Monahan, City Clerk OPTIONAL Capacity Claimed by Signers Description of Attached Document Mayor Development Agreement APN 649-361-03; 649-011-025; 649-011-20, Title County of Orange, CA Signers are Representing City of San Juan Capistrano off Exhibit A: TRAFFIC MITIGATION REQUIREMENTS A. Mitigation Measures. 1. Camino Capistrano &Junipero Serra Road. At this location, Developer shall construct intersection improvements consisting of: an additional northbound through lane (this shall consist of an additional northbound lane from its intersection with Junipero Serra Road, northerly to a distance of approximately 160 feet, to provide a new entry only, no exit, driveway to align with existing drive aisle in the Sycamore Commons parking lot — the design to be subject to the approval of the City Engineer); a northbound right-turn lane; an additional westbound left-turn lane; and a westbound right-turn lane. Developer shall also construct appropriate and necessary traffic signal modifications to conform to the intersection improvements required under this section. Developer shall complete the above stated work in complete accordance with the plans and specifications for the work prior to student enrollment reaching 501 students. 2. 1-5 Northbound Ramps & Junipero Serra Road: At this location, Developer shall construct intersection improvements consisting of: an additional left- turn lane for the northbound off-ramp in a manner required and approved by Cal-Trans; widen Junipero Serra Road to five lanes between the 1-5 Northbound and Southbound ramps. Developer shall also construct appropriate and necessary traffic signal modifications to conform to the improvements required under this section. Developer shall complete the above stated work in complete accordance with the plans and specifications for the work prior to student enrollment reaching 1501 students. Developer's obligation to construct these improvements shall be subject to a fair share reimbursement agreement with Developer, with a fair share responsibility being limited to 31% of the total cost of the improvements. The remaining cost of the improvements shall be reimbursed to Developer pursuant to the terms of the reimbursement agreement, unless priorto the completion of the improvements required under this section, this improvement shall be added to the City's CCFP Program. If this improvement is added to the City's CCFP Program, not more than 69% of the cost of completion of these improvements incurred by Developer shall be credited against Developer's total allocation of CCFP fees required so that the total amount of CCFP fees required to be paid by Developer are reduced on a dollar-for-dollar basis in an amount equal to the total cost of completion of these of these improvements. 23641\City of SJC\Exhibit A GPM CL2 -�- 3. Camino Capistrano & Del Obispo Street: Payment of CUP fees, or satisfaction of Developer's CUP fee obligation, as provided in this Exhibit A, shall be deemed to be full mitigation for and satisfaction of Developer's obligations for any improvements to this intersection that have been identified as necessary due to the roughly proportional impacts imposed on this intersection by the project. Developer shall not be required to construct these improvements. 4. Junipero Serra Road & Proiect Driveway: At this location, Developer shall construct intersection improvements consisting of: a traffic signal, and a westbound left-turn lane. Engineering plans shall be designed to accommodate an eastbound left turn lane. Developer shall complete the above stated work in complete accordance with the plans and specifications for the work prior to student enrollment reaching 501 students. 5. Camino Capistrano & Oso Road/Project Driveway: At this location, Developer shall construct intersection improvements consisting of: improving the intersection of Camino Capistrano and Oso Road/Project driveway by completing construction of a traffic signal, widening Oso Road to two through lanes eastbound and westbound and an eastbound left turn lane and a westbound left turn lane, along with the associated railroad crossing modifications and preemption, grading and landscaping. City shall reimburse Developer for 100% of the costs and expenses incurred by Developer in designing and constructing such improvements. Reimbursement of Developer's costs and expenses shall be paid by City to Developer upon completion of the improvements after City's review of reasonable and customary documentation of such costs and expenses as set forth in the reimbursement agreement to be entered into between Developer and City. Developer shall complete the above stated work in complete accordance with plans and specifications for the work prior to student enrollment reaching 671 students. City will use its best efforts to assist Developer in connection with any railroad crossing improvements, including negotiating and/or documenting any necessary agreements with the Southern California Regional Rail Authority ("SCRRA"). 6. Junipero Serra Road from Camino Capistrano along Proiect Frontage:At this location, Developer shall widen Junipero Serra from Camino Capistrano across the project frontage to a four-lane divided roadway with a taper to the existing roadway at the Ultramar Station, which shall be approved by the City Engineer. Dedication of right-of-way required for this improvement, as shown on the approved improvement plans, is required at no cost to the City, prior to completion and acceptance of these improvements. Developer shall complete the above stated work in complete accordance with the plans and specifications for the work prior to student enrollment reaching 501 students. 23641\City of SJC\Exhibit A GPM CL2 -2- 7. Camino Capistrano from Junipero Serra Road to Oso Road/Project Driveway: At this location, Developer shall Widen Camino Capistrano to a four-lane divided roadway. The improvements shall include a five (5) foot Class II on road bike lane on each side of the roadway, including all appurtenant improvements associated with grading and landscaping. Dedication of all required right-of-way to complete such improvements to the City, as shown on the approved improvement plans, is required at no cost to the City, prior to completion and acceptance of these improvements. Developer shall complete the above stated work in complete accordance with the plans and specifications for the work prior to student enrollment reaching 501 students. 8. CUP Fees: Developer shall pay the statutorily-required CUP fee as a private school as follows: Developer shall pay the requisite CUP private school fee for not less than 500 students concurrent with the issuance of the first building permit for the South Campus facilities. Subsequent CUP fees shall be paid in 100-student increments in advance of student enrollment reaching said thresholds. For example, once enrollment reaches 600 students, CUP fees for 700 students shall be paid within 60 days of enrollment reaching 600 students. There shall be no refund of CUP if enrollment drops. Notwithstanding the above, any CUP fees paid in connection with the development of the North Campus (Sycamore Commons) shall be used as a credit against JSerra's CUP private school fees. Further, notwithstanding the foregoing or anything to the contrary contained herein, the fair value costs incurred by Developer in completing the improvements specified in Table 1 attached hereto and incorporated herein shall be credited against the CUP fees due under this Section 8, so that the total amount of CUP fees required to be paid by Developer are reduced on a dollar-per-dollar basis in an amount equal to the costs to complete the improvements specified on Table 1. In addition, completion of the improvements specified in Table 1 by Developer shall be deemed an accelerated payment of the CUP private school fees set forth above to the extent that such improvement costs exceed the CUP fees that would then be payable by Developer based on student enrollment. For example, if the costs payable by Developer to complete the improvements specified in Table 1 exceed the total CUP fees that would be owed upon student enrollment reaching 2,000 students, no additional CUP shall be due or payable from Developer thereafter upon completion of such improvements even though the actual student enrollment at the time of completion of such improvements may be less than 2,000 students. Further, provided Developer has posted the bond required under Section B hereinbelow, no CUP fees will be due by Developer upon issuance of a building permit and Developer may satisfy the CUP obligations by completion of the improvements specified hereinabove. Prior to Developer commencing construction of any mitigation measures, Developer and City will enter into a reimbursement agreement to provide for CCFP reimbursement payments 23641\City of SJC\Exhibit A GPM CL2 -3- and fair share reimbursement payments to Developer, which shall be payable in equal annual installments over a 15 year period. B. Surety Bond Requirements. 1. Developer shall post a Faithful Performance Bond with the City in the total amount of $2.4 million (i.e., 2.4 million as the estimated cost of traffic mitigation improvements) to guarantee performance of the construction of traffic mitigation measures required under this Development Agreement. When construction of specified mitigation measure is completed, the amount of the Faithful Performance Bond shall be reduced, on a dollar by dollar basis, by the total amount of the costs incurred by Developer to construct the completed mitigation improvement. 2. The Surety Bond company shall have a Best Rating of at least B plus. 3. The bond shall be in a form acceptable to the City Attorney. 4. The bond shall be posted within 30 days of the Effective Date of the Development Agreement as specified in section 10.17 of the Development Agreement. Subject to reduction in the amount of the bond as provided above, the bond shall remain in full force and effect until all of the above stated obligations are fulfilled. 23600ty of SJC\Exhibit A GPM Cl2 -4- • • NOTICE OF TRANSMITTAL CAPISTRANO VALLEY NEWS Legal Publications CHARGE TO ACCOUNT NO. 0041125000 FOR PUBLICATION ON: THURSDAY, SEPTEMBER, 16, 2004 DOCUMENT TO BE PUBLISHED: CITY OF SAN JUAN CAPISTRANO ADOPTION OF ORDINANCE NO. 897 PROOF OF PUBLICATION: Please send to: City Clerk's Office, City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 fax (949) 493-1053/telephone (949) 493-1171 AUTHORIZED B e HAN, CITY CLERK DATE: Septem Date notice published - 09/16/04 Date affidavit received - 9J 21 �y Date notice posted in designated posting places (3) - 09/16/04 CITY OF SAN JUAN CAPISTRANO ADOPTION OF ORDINANCE NO. 897 Notice is hereby given that on September 7, 2004 the City Council adopted Ordinance No. 897 — as follows: AN ORDINANCE APPROVING AND ADOPTING A DEVELOPMENT AGREEMENT FOR THE JSERRA HIGH SCHOOL PROJECT(PUEBLO SERRA, INC.) The City Council of the City of San Juan Capistrano hereby ordains as follows: Recitals: WHEREAS, on July 25, 2002, citizens of the City of San Juan Capistrano commenced circulation of the self-described "JSerra Education Initiative"("the Initiative'); and, WHEREAS, the Initiative amended the City's General Plan and zoning requirements to permit a private high school on real property described as Assessor's Parcels Numbers 649-361-03, 649-011-025, and 649-011-30; and, WHEREAS, Pueblo Serra, LLC and Pueblo Serra, Inc. ("the Developer') own and operate the private high school; and, WHEREAS, the City Council adopted the Initiative on May 19, 2003 pursuant to the requirements of the State Elections Code; and, WHEREAS, City and Developer agree to enter into a Development Agreement pursuant to Government Code section 65864 et seq., for the purpose of allowing City to obtain valuable public revenues to offset costs for Cit services such as police, fire, and recreational services and certain traffic mitigation measure, while at the same time providing assurances to Developer that the subject property can be developed in accordance with applicable General Plan and zoning requirements; and, WHEREAS, the City Council finds that the Development Agreement is consistent with the all General Plan elements and the Architectural Control Application for this project; and, WHEREAS, the City Council has determined by Resolution that the EIR is in full compliance with CEQA and made specific findings in support thereof, NOW THEREFORE, pursuant to Government Code sections 65864 et seq., the City Council does hereby approve and adopt the Development Agreement for the JSerra high school project, which is attached as Exhibit Z, and incorporated herein by reference. The Mayor is authorized to execute said agreement on behalf of the city of San Juan Capistrano. City Clerk's Certification: The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption as required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance; and, within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post a certified copy of this • Ordinance, together with the vote for and against the same, in the Office of the City Clerk. EXHIBIT Z DEVELOPMENT AGREEMENT (Assessor's Parcel #649-361-03; 649-011-025; 649-011-30, County of Orange, California) This Development Agreement is made this _day of 2004, by and between the City of San Juan Capistrano ("City") and Pueblo Serra Worship Holdings, a California not for profit religious corporation ("Developer"). The City and Developer are also referred to as "Parties" and individually as a "Party". RECITALS Whereas, Developer owns in fee simple title approximately 9 acres of real property adjacent to, and east of, Camino Capistrano and northerly of Junipero Serra Road and designated as Orange County Assessor's Parcel # 649-361-03. Developer currently has a vested leasehold interest in approximately 29 acres of unimproved real property southerly of Junipero Serra Road and designated as Orange County Assessor's Parcel # 649-011-025, & 649-011-30. All three above stated parcels are collectively referred to herein as the "Subject Property", and Whereas, Assessor's Parcel # 649-361-03 is commonly referred to as the "north campus" and Assessor's Parcels # 649-011-025 & 649-011-30 are commonly referred to as the "south campus", and Whereas, on or about July 25, 2002, citizens of San Juan Capistrano commenced circulation of the "JSerra Education Initiative' which is hereby expressly incorporated by this reference as if set forth in full ("the Initiative"), and Whereas, the City Council on May 19, 2003 adopted the Initiative pursuant to the requirements of the state Elections Code, and Whereas, on June 30, 2004, the California Court of Appeal, in Native American Sacred Site and Environmental Protection Association v. City of San Juan Capistrano (Case. No. G033198) affirmed that the City's adoption of the Initiative on May 19, 2003 was lawful; and Whereas, the Initiative contains General Plan and zoning regulations that allow the previously-entitled structures on the north campus to be used as a private Catholic high school and also allow the development of supporting school facilities on the south campus, and Whereas, construction of improvements on the south campus parcels as applied for by Developer entail Architectural Control land use approvals from the City, and Whereas, the Parties agree that this Agreement will promote and encourage the development of the Subject Property by providing the Developer, and its successors, assigns, and lenders, with a greater degree of certainty as to the Developer's ability to complete the Project, and that the consideration to be received by the City pursuant to this Agreement and the rights secured to Developer hereunder constitute sufficient consideration to support the covenants and agreements of the Parties, and Whereas, the Agreement provides a mechanism by which the City can obtain valuable public revenues which will assist in the long-standing, desired economic development of the Subject Property and which will offset costs for City services such as police, fire, and recreational services, while at the same time ensuring the prompt processing of applications for the development and operation of a Catholic high school on the Subject Property; and Whereas, the City has processed, considered, and approved an environmental impact report that has fully analyzed the environmental impacts of the project NOW, THEREFORE, City and Developer mutually agree as follows: ARTICLE 1. General Provisions. 1.1 Ownership of the Property. The City and Developer acknowledge and agree that Developer has the requisite legal or equitable interest in the Subject Property, and thus, Developer is qualified to enter into and be a party to this Agreement in accordance with Government Code section 65865(b). 1.2 Assignment of Rights. Developer shall be permitted to assign or otherwise transfer this Agreement, and its rights and obligations hereunder, to any other person, firm or entity, but only if the prior written consent of the City or the City's delegate is obtained. Such consent of the City shall not be unreasonably withheld. Notwithstanding any other provisions in this Agreement (including, but not limited to, the previous two sentences), Developer or its successors in interest may assign or otherwise transfer this Agreement and its rights and obligations hereunder to any entity or entities owned or controlled either directly or indirectly by Junipero Serra High School, a California non-profit religious corporation ("JSerra High School") (each such entity being a "Permitted Transferee"). Assignments or transfers of the Agreement, or rights or obligations thereunder, to a Permitted Transferee do not require the prior written consent of the City, such consent being affirmatively given herein. As used in this subsection 'owned or controlled by" means an entity in which JSerra High School has either a direct or indirect equitable or beneficial ownership interest equal to at least 25% or an amount sufficient to exercise control, or a limited liability company in which Timothy R. Busch or an entity controlled by Timothy R. Busch serves as a managing member. The provisions of this Agreement shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns. To the extent of the interest of the Developer, and its assigns, in the Subject Property, the covenants of Developer set forth in this Agreement shall be covenants running with the land and enforceable to the full extent permitted by applicable law. 1.3 Term. Unless otherwise terminated as provided in this Agreement or otherwise provided, this Agreement shall continue in full force and effect for a period of 20 years from its effective date. ARTICLE 2. Development of the Property. 2.1 Vested Right to Develop. Pursuant to Government Code sections 65865.4 and 65866, Developer is obtaining vested rights to develop the Subject Property in accordance with applicable General Plan and zoning regulations, as amended by the Initiative, the terms of this Agreement, and Architectural Approval (AC) 02-07. Unless amended or terminated in the manner specified in this Agreement (and subject to the provisions of this Agreement), Developer shall have the rights and benefits afforded by this Agreement and this Agreement shall be enforceable by Developer and the City notwithstanding any growth control measure or any development moratorium adopted after the Execution Date, or any change in applicable general or specific plans, zoning, or subdivision regulation adopted by the City which alter or amend the City's General Plan or Zoning Code or effect a change to City policies that prevent or materially adversely affect development of the Project as contemplated by this Agreement and Architectural Approval (AC) 02-07. Developer agrees to comply with all conditions of approval imposed on the project through City's adoption of Architectural Approval (AC) 02-07 . 2.2 Permitted Uses. (a) Unless otherwise provided by this Agreement, the land use rules, regulations and official policies governing the permitted uses of the Subject Property, governing density, design, improvement, and construction standards and specifications, applicable to development of the property shall be those rules, regulations, and official policies set forth in the Initiative, the Architectural Approval, and the land use rules, regulations, and official policies in force at the time of the execution of the agreement. Pursuant to Government Code section 65866, the City in subsequent land use actions applicable to the Property may apply new rules, regulations, and policies which do not conflict with those rules, regulations, and policies which are applicable to the Subject Property. (b) In addition, at no time shall the student population of the school exceed 2,000 full time equivalent students. Full time equivalent students does not include individuals who are not enrolled in the school and who attend after school programs at the school facilities. (c) Performing Arts Center. Developer intends to propose a Performing Arts Center on the South Campus at a future point in time. Developer may apply for an exception to the City's 35 foot height rule as part of an architectural control ("AC") application by filing an exception request with the AC application. The following criteria shall apply in the Planning Commission's determination of whether to grant a height limitation exception: (1) whether the design and layout of the structure is compatible with surrounding land uses; (2) whether the general design considerations, including the character, scale, and quality of the design are consistent with the City's Design Guidelines; (3) whether the design and layout would pose significant impairment of view sheds; (4) whether Developer has demonstrated that feasible design solutions have been studied such that the specific height proposed represents the only feasible means available to construct the proposed structure. (d) If any provision of the City's Title 9 Zoning regulations otherwise applicable to the South Campus project is found to be in conflict with the Architectural Control approval for the South Campus or the terms of this Development Agreement, then the Architectural Control approval and the Development Agreement shall control and supercede the conflicting provisions in the City's Zoning Regulations. 2.3 Future Developer Requested Land Uses Changes. Developer shall not be entitled to any change, modification, revision or alteration in applicable General Plan and zoning regulations or Architectural Control (AC) 02-07 without review and approval by the City in accordance with City's Municipal Code requirements as they relate to modification of such land use entitlement requirements. 2.4 Future Voter Actions. Notwithstanding any other provision of this Agreement to the contrary, any general plan amendment, zoning ordinance or regulation, or any other law, policy, or procedure adopted by the voters of the City after the Execution Date of this Agreement shall not apply, in whole or in part, to the Subject Property or the JSerra High School project, unless such voter approved amendments expressly further the development of the Subject Property for the JSerra High School Project. Additionally, because the Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Cal.3d 465 that the failure of the parties therein to provide for the timing of development permitted a later enacted ordinance restricting the timing of development, it is the intent of the Developer and the City to hereby acknowledge and provide a right for the Developer to develop the Project in such an order and at such rate and time as Developer deems appropriate within the exercise of its sole and subjective business judgment. 2.5 Reservation of Authority/Exceptions. Notwithstanding any other provision of this Agreement, the following additional subsequent land use regulations shall apply to the development of the Subject Property: (a) Processing fees and charges of every kind and nature imposed or enacted by the City to cover the estimated actual costs to the City of processing applications for land use approvals or for monitoring compliance with applicable land use approvals; (b) Procedural regulations consistent with this Agreement relating to hearing bodies, applications, notices, findings, records, hearing, reports, recommendations, appeals and any other matter of procedure; (c) Changes adopted by the International Conference of Building Officials, or other similar body, as part of the then most current versions of the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, Uniform Mechanical Code, National Electrical Code, or Dangerous Building Code. (d) Regulations that are in conflict with Developer's Project provided Developer has given written consent to the application of such regulations to the Subject Property. (e) (e) Federal, state, county, and multi-jurisdictional laws and regulations which the City is required to enforce as against the Subject Property or development of the Subject Property. (f) Utility connection fees which would ordinarily be required to be paid by Developer. (g) Regulations that do not apply to the development of the Subject Property but to future potential temporary uses such as temporary use permits. 2.6 Modification or Suspension by Federal, State, County, or Multi- Jurisdictional law. In the event that federal, state, county, or multi- jurisdictional laws or regulations, enacted after the effective date of this Agreement, prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such federal, state, county, or multi-jurisdictional laws or regulations, and this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provision impractical to enforce. ARTICLE 3. PUBLIC BENEFITS 3.1 General. The Parties acknowledge and agree that Developer's Project will result in demands on public services and further acknowledge and agree that this Agreement confers unique benefits to Developer that can be balanced by the provision of public benefits to the City. Accordingly, the Parties intend by this Agreement to provide additional consideration to the public that exceeds the costs attributed to the demands on public services created by the project. 3.2 Per Student Fee Imposition. Developer shall make payments to the City as follows: 3.2.1 For the school year commencing September 1, 2005 through August 31, 2006, Developer shall pay City a single Per Student Mitigation Fee of One Hundred Seventy-Two Thousand Dollars ($172,000). 3.2.2 For the school years commencing September 1, 2006 through August 31, 2007 and each school year thereafter for the duration of this Agreement, Developer shall pay the City an annual fee ("Per Student Mitigation Fee") equal to Two Hundred Dollars ($200) per student enrolled in the regular full time curriculum at the School as of October 1, but in any event not less than Two Hundred Thousand Dollars ($200,000) per school year. As an example, if during the September 1, 2006 through August 31, 2007 school year, Developer has a student enrollment of 500 students, Developer shall pay the City $200,000 to cover the annual payment for that school year ($200 x 500= $100,000, which is less than $200,000). If, however, during this same school year, Developer has a student enrollment of 2,000 students, Developer shall pay the City Four Hundred thousand Dollars ($400,000) for that school year ($200 x 2,000= $400,000). 3.2.3 In addition to the above provisions, commencing the third year the Per Student Mitigation Fee (initially at $200 per student) is to be paid by Developer pursuant to Section 3.2.2, the Per Student Mitigation Fee shall be increased two percent (2%) per year (on original base amount). 3.2.4 The Parties expressly acknowledge that at this point in time, it is unclear whether the Subject Property will be deemed by the applicable authority to be exempt from the payment of real property taxes. To this end, notwithstanding any of the provisions of this Agreement, if the Subject Property is not deemed to be tax exempt in its entirety, Developer shall continue to be obligated to pay the annual Per Student Mitigation Fee set forth above, but the amount due shall be reduced by an amount equal to the sum of (1) the gross real property taxes and assessments attributable to the Subject Property that is allocated to (a) the City, (b) City-controlled special districts, and (c) other City-controlled taxing entities, and (2) the gross property tax increment attributable to the Subject Property allocated to the Community Redevelopment Agency of the City pursuant to Health and Safety Code section 33670(b) or successor statute (collectively, the "City/Agency Property Tax Allocation"). The City/Agency Property Tax Allocation shall not include the diversion of all or a portion of City or Agency property tax receipts attributable to the Subject Property to the Educational Revenue Augmentation Fund, but shall include all other tax amounts attributable to the Subject Property which would otherwise be received by the City or Agency but for the other acts of the County of Orange, State of California, or federal government. If the Per Student Mitigation Fee is less than zero (e.g., City/Agency Property Tax Allocation exceeds the Per Student Mitigation Fee owed for a particular year), Developer shall not be obligated to make any Per Student Mitigation Fee Payment for that school year and the amount less than zero shall be carried over to the following year and added to the City/Agency Property Tax Allocation for the following year. The City/Agency Property Tax Allocation is determined on the basis of a July 1 to June 30 fiscal year. The City/Agency Property Tax Allocation for a particular fiscal year shall correspond to the school year falling principally within the fiscal year (e.g., the City/Agency Property Tax Allocation for the period July 1, 2005 to June 30, 2006, shall apply to the school year falling September 1, 2005 to August 31, 2006). 3.2.5 Notwithstanding the provisions of Sections 3.2.1 through 3.2.4 above, the Per Student Mitigation Fee shall never exceed, per fiscal year, that amount equal to the City/Agency Property Tax Allocation the City, City-controlled special districts, other City controlled taxing entities, and the Community Redevelopment Agency of the City of San Juan Capistrano would have received if the Subject Property was not deemed to be tax exempt. The parties expressly agree that the purpose of this provision is to ensure that no party obtains a financial windfall. 3.2.6 Timing of Payment. Developer shall be obligated to make the Per Student Mitigation Fee for the school year falling principally within the corresponding fiscal year and such payment shall be made within sixty (60) days after such fiscal year ending June 30, subject to notification of Developer of the amount due, if applicable. 3.2.7 Interest Penalty for Late Payments. If Developer fails to make a payment of the Per Student Mitigation Fee to the City (if required when the credit for the City/Agency Property Tax Allocation is applied) within four (4) weeks from delivery of written notice from the City setting forth the amount of the Per Student Mitigation Fee due for such year, then a penalty at the rate of the Prime Rate plus three percent (3%) per annum shall be applied to the payment. For purposes of this section, the applicable Prime Rate shall be published in the Wall Street Journal on the 15th day of the prior month (or preceding business day if the 15th day is not a business day). 3.2.8 Reconciliation of Per Student Mitigation Fee Payments. The Parties hereby expressly acknowledge and agree that the Per Student Mitigation Fee Payments may need to be reconciled on a yearly basis to ensure effectuation of and adherence to the Parties' intentions as expressed in this Article. To this end, the Parties agree to create a mechanism by which to ensure that no overpayments or underpayments of the Per Student Mitigation Fee Payments are made. 3.2.9 Security. If Developer fails to make a Per Student Mitigation Fee payment to the City (if required when the credit for the City/Agency Tax Allocation is applied) within four (4) weeks from delivery of written notice from the City setting forth the amount due, Developer shall be required to provide immediate payment of the amount in arrears and shall also be required to immediately deposit with City, to be held in trust in a separate, segregated fund, $200,000 to cover one year's worth of a Per Student Mitigation Fee Payment. This amount held in trust shall not be expended by the City for any purpose, and shall be held as security for Developer's obligations set forth herein. The $200,000 security shall be held in an interest bearing account to be mutually agreed upon by Developer and the City, with interest bearing on the account to be payable to the Developer on January 31 of every year. 3.2.10 Audit. City at its discretion is entitled to request and Developer shall cooperate with a third party audit of school records pertaining to the student fee obligation. 3.3 Joint Public Use of Project Facilities. Developer and City agree to enter into a memorandum of understanding for the joint use of certain designated portions of the south campus facilities by the City. The Parties acknowledge that the "Joint Facilities Use Agreement", dated April 22, 1996, between the City and the Capistrano Unified School District will serve as a model of the memorandum of understanding to be entered into between the City and Developer pursuant to this Section. 3.4 Financial Aid for, and Outreach to, City Children. Developer agrees to designate a portion of its financial aid program exclusively for children of City residents. A committee made up of local individuals (e.g., a Councilmember, Developer representative, cultural commission member, etc.) will distribute awards. Such awards shall be reviewed and approved by JSerra's financial aid committee. Developer also shall adopt a proactive outreach program to attract students from the City focusing particularly on the economically distressed areas of the City. 3.5 Commitment to On-Site Private Security. Developer agrees to provide private, 24-hour security at the School utilizing a combination of electronic monitoring systems and patrols. 3.6 Traffic Mitigation Obligation. Developer shall perform certain traffic impact mitigation activities more particularly set forth in Exhibit A, attached and incorporated herein by reference, under the terms and conditions as set forth in Exhibit A. ARTICLE 4. REVIEW FOR COMPLIANCE 4.1 Periodic Review. The City Council shall review this Agreement annually, on or before the anniversary of the Effective Date, in order to ascertain the good faith compliance by Developer, with the terms of the Agreement. As part of that review, Developer shall submit an annual monitoring review statement describing its actions in compliance with the Agreement, in a form acceptable to the City Manager or his/her authorized designee, within thirty (30) days after written notice therefrom requesting such a statement. The statement shall be accompanied by an annual review and administration fee sufficient to defray the estimated costs of review and administration of the Agreement during the succeeding year. The amount of the annual review and administration fee shall be the actual costs incurred by City as determined by the City Manager, but not to exceed $1,000 without the express prior approval of the Developer. No failure on the part of the City to conduct or complete the review as provided herein shall have any impact on the validity of this Agreement. 4.2 Special Review. The City Council may, in its sole and absolute discretion, order a special review of compliance with this Agreement at any time at City's sole cost. Developer shall cooperate with the City in the conduct of such special reviews. 4.3 Procedure. Each Party shall have a reasonable opportunity to assert matters which it believes have not been undertaken in accordance wit the Agreement, to explain the basis for such assertion, to receive from the other Party a justification of is position on such matters. 4.3.1 If on the basis of the Parties' review of any terms of the Agreement, either Party concludes that the other Party has not complied in good faith with the terms of the Agreement, then such Party may issue a written "Notice of Non-Compliance" specifying the grounds therefore and all facts demonstrating such non-compliance. 4.3.2 The Party receiving a Notice of Non-Compliance shall have thirty (30) days to cure or remedy the non-compliance identified in the Notice of Compliance, or if such cure or remedy is not reasonably capable of being cured or remedied with such thirty (30) days period, to commence to cure or remedy the non-compliance and to diligently and in good faith prosecute such cure or remedy to completion. 4.3.3 If the Party receiving the Notice of Non-Compliance does not believe it is out of compliance and contests the Notice, it shall do so by responding in writing to said Notice within ten (10) calendar days after receipt of the Notice. 4.3.4 If the response to the Notice of Non-Compliance has not been received in the offices of the Party alleging the non-compliance within the prescribed time period, the Notice of Non-Compliance shall be presumed to be valid unless good cause exists for not responding within the time period. 4.3.5 If a Notice of Non-Compliance is contested, the Parties shall, for a period of not less than fifteen (15) days following receipt of the response, seek to arrive at a mutually acceptable resolution of the matter(s) occasioning the Notice. In the event that a cure or remedy is not timely effected or, if the Notice is contested and the Parties are not able to arrive at a mutually acceptable resolution of the matter(s) by the end of the fifteen (15) day period, the party alleging the non-compliance may thereupon pursue the remedies provided in Section 5.4 of this Agreement. 4.3.6 Neither Party hereto shall be deemed in breach if the reason for noncompliance is due to a "force majeure" as defined in, and subject to the provisions of Section 10.7 below. 4.4 Certificate of Agreement Compliance. If, at the conclusion of a periodic or special review, Developer is found to be in compliance with this Agreement, City shall, upon request by Developer, issue a Certificate of Agreement Compliance ("Certificate") to Developer stating that after the most recent Periodic or Special Review and based upon the information known or made known to the City Council that (1) this Agreement remains in effect and that (2) Developer is in compliance. The Certificate, whether issued after a Periodic or Special Review, may be in recordable form if required, shall contain information necessary to communicate constructive record notice of the finding of compliance, and shall state that the Certificate expires upon the earlier of (i) one (1) year form the date thereof, or (ii) the date of recordation of a Notice of Termination of Development Agreement. Additionally, Developer may at any time request from the City a Certificate stating, in addition to the foregoing, which obligations under this Agreement have been fully satisfied with respect to the Subject Property, or any lot or parcel within the Subject Property. Developer may record the Certificate with the County Recorder. If City does not expressly issue a Certificate, or expressly decline to issue a Certificate within 15 calendar days of after the conclusion of the periodic or special review, a Certificate shall be deemed to have been provided to Developer. ARTICLE 5. TERMINATION/DEFAULT AND REMEDIES 5.1 Termination for Default by Developer. The City may terminate this Agreement for any failure of Developer to perform any of its material duties or obligations hereunder to comply in good faith with the terms of this Agreement (hereinafter referred to as "default' or "breach"); provided, however, the City may terminate this Agreement pursuant to this Section only after following the procedure set forth in Section 4.3. 5.2 Termination of Agreement for Default of City. Developer may terminate this Agreement pursuant to this Section only after following the procedure set forth in Section 4.3 and thereafter providing written notice by Pueblo Serra to the City of the default setting forth the nature of the default and the actions, if any, required by the City to cure such default and, where the default can be cured, the failure of the City to cure such default within thirty (30) days after the effective date of such notice or, in the event that such default cannot be cured within such thirty (30) day period, the failure of the City to commence to cure such default within such thirty (30) day period and to diligently proceed to complete such actions and to cure such default. 5.3 Rights and Duties Following Termination. Upon the termination of this Agreement, no Party shall have any further right or obligation hereunder except with respect to (i) any obligations to have been performed prior to said termination, or (ii) any material default in the performance of the provisions of this Agreement which has occurred prior to said termination. 5.4 Dispute Resolution by Binding Arbitration. Subject to the notice of default and opportunity to cure under Section 4.3, all disputes, claims, and questions regarding the rights and obligations of the Parties under the terms of this Agreement shall be resolved by binding arbitration. In case of a dispute, either party may make a demand for Arbitration by filing such demand in writing with the other party within ten (10) days after the notice of default and cure process has been exhausted. The arbitrator shall be mutually selected by the Parties. In the event that the Parties cannot agree on an arbitrator within ten (10) days, then one or both Parties shall file a written request with the Judicial Arbitration and Mediation Service ("JAMS") for a list of nine (9) potential arbitrators. Upon receipt of such list, the Parties shall promptly conduct a strike-off of unacceptable names. A coin toss shall be initially conducted to determine which Party shall strike off the first name. Once the arbitrator is chosen, the Parties immediately shall forthwith request JAMS to set an arbitration hearing not later than 120 days from date of the arbitration request. Costs of the arbitration proceeding shall be shared equally. 5.5 Surety Bond. Nothing in this Article shall prevent City from making a demand on the surety bond for untimely performance of the traffic mitigation measures set forth in Exhibit A provided the provisions of section 4.3 have been complied with. ARTICLE 6. THIRD PARTY LITIGATION The City shall promptly notify Developer of any claim, action, or proceeding filed and served against the City to challenge, set aside, void, annul, limit or restrict the approval and continued implementation and enforcement of this Agreement. Developer agrees to fully defend and indemnify the City for all costs of defense and/or judgment obtained in any such action or proceeding. Developer shall assume the obligation of providing a legal defense in such litigation, including the choice of defense legal counsel, unless otherwise provided for by mutual stipulation of the Parties. ARTICLE 7. MORTGAGEE PROTECTION 7.1 The Parties hereto agree that this Agreement shall not prevent or limit Pueblo Serra, in any manner, at Pueblo Serra's sole discretion, from encumbering the Subject, Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Subject Property. The City acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with Pueblo Sera and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. Subject to compliance with applicable laws, the City will not unreasonably withhold its consent to any such requested interpretation or modification provided the City determine such interpretation or modification is consistent wit the intent and purposes of this Agreement. 7.2 Any Mortgagee of the Subject Property shall be entitled to the following rights and privileges: (a) Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Subject Property made in good faith and for value, unless otherwise required by law. (b) The Mortgagee of any mortgage or deed of trust encumbering the Subject Property, or any part thereof, which Mortgagee has submitted a request in writing to the City in the manner specified herein for giving notices, shall be entitle to receive written notification from the City of any default by Pueblo Serra in the performance of Pueblo Serra's obligations under this Agreement. (c) If the City timely receives a request from a Mortgagee requesting a copy of any notice of default given to Pueblo Serra under the terms of this Agreement, the City shall make a good faith effort to provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to Pueblo Serra. The Mortgagee shall have the right, but not the obligation, to cure the default during the period that is the longer of (i) the remaining cure period allowed such Party under this Agreement or (ii) thirty (30) days. (d) Any Mortgagee who comes in to possession of the Subject Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Subject Property, or party thereof, subject to the terms of this Agreement. Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of Pueblo Serra's obligations or other affirmative covenants of Pueblo Serra hereunder, or to guarantee such performance; except that (i) to the extent that any covenant to be performed by Pueblo Serra is a condition precedent to the performance of a covenant by the City, the performance thereof shall continue to be a condition precedent to the City's performance hereunder, and (ii) in the event any Mortgagee seeks to develop or use any portion of the Property acquired by such Mortgagee by foreclosure, deed of trust or deed in lieu of foreclosure, such Mortgagee shall strictly comply with all of the terms, conditions and requirements of this Agreement and the Development Plan applicable to the Subject Property or such part thereof so acquired by the Mortgagee. ARTICLE 8. INSURANCE Developer shall submit within 30 days from date of adoption of the ordinance approving this Development Agreement to the City duplicate originals of policies and endorsements, or appropriate certificates of insurance, of public liability insurance and broad form property damage insurance policies in the amount of not less than Two Million Dollars ($2,000,000), combined single limits, for death and injury to any person and property damage, naming the City and its officers, officials, employees, agents, and representatives as additional insureds, and in addition all such insurance: (a) shall be primary insurance and not contributory with any other insurance the City or its officers, officials, employees, agents, and representatives may have; (b) shall contain no special limitations on the scope of protection affordable to the City and its officers, officials, employees, agents, and representatives; (c) shall be "date of occurrence" and not "claims-made' insurance; (d) shall apply separately to each insured against whom claim is made or suit is brought, except with the respect to the limits of the insurer's liability; (e) shall provide that the policy shall not be canceled by the insurer or Developer unless there is a minimum of ninety (90) days prior written notice to the City; (f) shall be endorsed to include a waiver of subrogation rights against the City or its officers, Officials, employees, agents, and representatives; and (g) shall otherwise be in a form acceptable to the Office of the City Attorney. ARTICLE 9. INDEMNITY Developer agrees to and shall indemnify, defend, and hold harmless the City and the City's officers, officials, members, employees, agents, and representatives, from and against any and all claims, liabilities, damages, and losses, including without limitation reasonable attorneys' fees and litigation expenses, including court, courts and expert witness fees (collectively, "Claims') arising out of City's approval of land use entitlements for Developer's project and this development agreement; or due to the death or personal injury of any person, or physical damage to any person's real or personal property, caused by construction of improvements by, or construction-related activities of, Developer or Developer's employees, agents, representatives, servants, invitees, consultants, contractors, or subcontractors (collectively, "Developer's Representatives") on the Property, or for any construction defects in any improvements constructed by Developer or Developer's Representatives on the Subject Property; provided, however, that Developer shall not be required to indemnify the City for any and all misconduct of the City, or the City's officers, officials, members, employees, agents, or representatives, subject to any immunities which may apply to the City with respect to such Claims. The foregoing indemnification provision shall survive the termination of this Agreement. ARTICLE 10. MISCELLANEOUS PROVISIONS 10.1 Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the Parties with respect to the subject matter set forth herein, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony of evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. 10.2 Severability. If any word, phrase, term, provision, clause, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the invalid provision shall be deemed to be severable from the, remaining provisions contained within the Agreement. The Parties hereby state and acknowledge they would have adopted each and every provision contained within this Agreement notwithstanding the presence of an invalid provision. 10.3 Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party or in favor of the City shall not be employed in interpreting this Agreement, all Parties having been represented by counsel in the negotiation and preparation hereof. 10.4 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 10.5 Waiver. Failure of a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, or the failure by a Party to exercise it s rights upon the default of the other Party, shall not constitute a waiver of such Party's right to insist and demand strict compliance by the other Party with the terms of this Agreement thereafter. 10.6 No Third Party Beneficiaries. This Agreement is made an entered into for the sole protection and benefit for the Parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 10.7 Force Majeure. Upon the Effective Date of this Agreement, Neither Party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by earthquakes, other acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond the party's control (including the Party's employment force), court actions (such as restraining orders or injunctions), or other causes of a similar nature beyond the Party's reasonable control. If any such events shall occur, the term of this Agreement and the time for performance shall be extended for the duration of each such event, provided that the term of this Agreement shall not extended under any circumstances of more than five (5) years. 10.8 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the Party benefited thereby of the covenants to be performed hereunder by such benefited Party. 10.9 Litigation Expenses. In the event of any action pursuant to section 5.4 between the City and Pueblo Serra seeking enforcement of any of the terms and conditions to this Agreement, the prevailing party in such action shall be awarded, in addition to such relief to which such party entitled under this Agreement, its reasonable litigation costs and expenses, including without limitation its expert witness fees and reasonable attorneys' fees. 10.10 Covenant Not to Sue. The Parties to this Agreement, and each of them, agree that this Agreement and each term hereof is legal, valid, binding, and enforceable. The Parties to this Agreement, and each of them, hereby covenant and agree that each of them will not commence, maintain, or prosecute any claim, demand, cause of action, suit, or other proceeding against any other Party to this Agreement, in law or in equity, or based on an allegation, or assert in any such action that this Agreement or any term hereof is void, invalid, or unenforceable under the Development Agreement legislation. • i 10.11 Project as a Private Undertaking. It is specifically understood and agreed by and between the Parties that the Development of the Subject Project is a private development, that neither Party is acting as the agent of the other in any respect hereunder, and that each Party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between the City and Pueblo Serra is that of a government entity regulating the Development of private property, on the one hand, and the holder of a legal or equitable interest in such property and as a current or future holder of fee title to such property, on the other hand. 10.12 Corporate Authority. The person(s) executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party are duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other agreement to which such Party is bound. 10.13 Notices. All notices under this Agreement shall be effective upon personal delivery, via facsimile so long as the sender receives confirmation of successful transmission from the sending machine, or three (3) business days after deposit in the United States mail, first class, postage fully prepaid and addressed to the respective Parties as set forth below or as to such other address as the Parties may from time to time designate in writing: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: City Manager Facsimile: (949) 488-3874 To Pueblo Serra: Pueblo Serra Worship Holdings 2532 Dupont Drive Irvine, CA 92612 Attn: Timothy Busch Telephone: (949) 474-7368 x100 Facsimile: (949) 474-7732 Copy to: Rutan & Tucker, LLP 611 Anton Boulevard, 14th Floor Costa Mesa, CA 92626 Attn: John A. Ramirez, Esq. Facsimile: (714) 564-9035 And George Mulcaire The Busch Firm 2532 Dupont Drive Irvine, CA 92612 Telephone: (939) 474-7368 x205 Facsimile: (949) 474-7732 10.14 Notability of City Officials. No officer, official, member, employee, agent, or representatives of the City shall be liable for any amounts due hereunder, and no judgment or execution thereon entered in any action hereon shall be personally enforced against any such officer, official, member, employee, agent, or representative. 10.15 Time of the Essence. The Parties expressly acknowledge and that time is of the essence in the performance of the provisions of this Agreement. 10.16 Execution Date. The Execution Date of this Agreement is that date on which all parties have executed this Agreement. 10.17 Effective Date/Condition Subsequent. This Agreement shall not go into effect until the earlier of the occurring of the following: (a) 60 days following the lapsing of any and all statutes of limitation applicable to any legal challenge to any of the project approvals, including Architectural Permit _, this Agreement, and to any and all environmental impact reports prepared in connection with the project approvals, or (b) 60 days following the entry of a final, non-appealable judgment in any action challenging any of the project approvals, including Architectural Permit_, this Agreement, and any and all environmental impact reports prepared in connection with the project approvals. If litigation results in the invalidation of any of the project approvals, including Architectural Permit_, this Agreement, or any and all environmental impact reports prepared in connection with the project, this Agreement shall be void and shall be of no further force and effect. 10.18 Survival Clause. Notwithstanding Section 1.3 of this Agreement, Sections 2.2(b), 3.2, 3.3, 3.4, 4.1, 4.2, 4.3, 4.4, 5.1, 5.2, 5.3, 5.4, 7.1, and 7.2 shall survive the termination of this Agreement after 20 years pursuant to Section 1.3. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and year first set forth above. City: CITY OF SAN JUAN CAPISTRANO By Mayor, City of San Juan Capistrano ATTEST: By Meg Monahan City Clerk APPROVED AS TO FORM: By John Shaw, City Attorney PUEBLO SERRA WORSHIP HOLDINGS, a California non-profit religious corporation By Printed Name: Timothy R. Busch Its: Chief Executive Officer STATE OF CALIFORNIA ) ) SS. COUNTY OF ) On before me, a Notary Public, personally appeared [] personally known to me-OR- [] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s)or the entity upon behalf of which the person(s)acted, executed the instrument. Witness my hand and official seat. SIGNATURE OF NOTARY Exhibit A: TRAFFIC MITIGATION REQUIREMENTS A. Mitigation Measures. 1. Camino Capistrano & Junipero Serra Road. At this location, Developer shall construct intersection improvements consisting of: an additional northbound through lane (this shall consist of an additional northbound lane from its intersection with Junipero Serra Road, northerly to a distance of approximately 160 feet, to provide a new entry only, no exit, driveway to align with existing drive aisle in the Sycamore Commons parking lot — the design to be subject to the approval of the City Engineer); a northbound right-turn lane; an additional westbound left-turn lane; and a westbound right-turn lane. Developer shall also construct appropriate and necessary traffic signal modifications to conform to the intersection improvements required under this section. Developer shall complete the above stated work in complete accordance with the plans and specifications for the work prior to student enrollment reaching 501 students. 2. 1-5 Northbound Ramps & Junipero Serra Road: At this location, Developer shall construct intersection improvements consisting of: an additional left- turn lane for the northbound off-ramp in a manner required and approved by Cal-Trans; widen Junipero Serra Road to five lanes between the 1-5 Northbound and Southbound ramps. Developer shall also construct appropriate and necessary traffic signal modifications to conform to the improvements required under this section. Developer shall complete the above stated work in complete accordance with the plans and specifications for the work prior to student enrollment reaching 1501 students. Developer's obligation to construct these improvements shall be subject to a fair share reimbursement agreement with Developer, with a fair share responsibility being limited to 31% of the total cost of the improvements. The remaining cost of the improvements shall be reimbursed to Developer pursuant to the terms of the reimbursement agreement, unless prior to the completion of the improvements required under this section, this improvement shall be added to the City's CCFP Program. If this improvement is added to the City's CCFP Program, not more than 69% of the cost of completion of these improvements incurred by Developer shall be credited against Developer's total allocation of CCFP fees required so that the total amount of CCFP fees required to be paid by Developer are reduced on a dollar-for-dollar basis in an amount equal to the total cost of completion of these of these improvements. 3. Camino Capistrano & Del Obispo Street: Payment of CUP fees, or satisfaction of Developer's CCFP fee obligation, as provided in this Exhibit A, shall be deemed to be full mitigation for and satisfaction of Developer's obligations for any improvements to this intersection that have been identified as necessary due to the roughly proportional impacts imposed on this intersection by the project. Developer shall not be required to construct these improvements. 4. Junipero Serra Road & Proiect Drivewav: At this location, Developer shall construct intersection improvements consisting of: a traffic signal, and a westbound left-turn lane. Engineering plans shall be designed to accommodate an eastbound left turn lane. Developer shall complete the above stated work in complete accordance with the plans and specifications for the work prior to student enrollment reaching 501 students. 5. Camino Capistrano & Oso Road/Proiect Drivewav: At this location, Developer shall construct intersection improvements consisting of: improving the intersection of Camino Capistrano and Oso Road/Project driveway by completing construction of a traffic signal, widening Oso Road to two through lanes eastbound and westbound and an eastbound left turn lane and a westbound left turn lane, along with the associated railroad crossing modifications and preemption, grading and landscaping. City shall reimburse Developer for 100% of the costs and expenses incurred by Developer in designing and constructing such improvements. Reimbursement of Developer's costs and expenses shall be paid by City to Developer upon completion of the improvements after City's review of reasonable and customary documentation of such costs and expenses as set forth in the reimbursement agreement to be entered into between Developer and City. Developer shall complete the above stated work in complete accordance with plans and specifications for the work prior to student enrollment reaching 671 students. City will use its best efforts to assist Developer in connection with any railroad crossing improvements, including negotiating and/or documenting any necessary agreements with the Southern California Regional Rail Authority ("SCRRA"). 6. Junipero Serra Road from Camino Capistrano along Proiect Frontage: At this location, Developer shall widen Junipero Serra from Camino Capistrano across the project frontage to a four-lane divided roadway with a taper to the existing roadway at the Ultramar Station, which shall be approved by the City Engineer. Dedication of right-of-way required for this improvement, as shown on the approved improvement plans, is required at no cost to the City, prior to completion and acceptance of these improvements. Developer shall complete the above stated work in complete accordance with the plans and specifications for the work prior to student enrollment reaching 501 students. 7. Camino Capistrano from Junipero Serra Road to Oso Road/Project Driveway: At this location, Developer shall Widen Camino Capistrano to a four-lane divided roadway. The improvements shall include a five (5) foot Class II on road bike lane on each side of the roadway, including all appurtenant improvements associated with grading and landscaping. Dedication of all required right-of-way to complete such improvements to the City, as shown on the approved improvement plans, is required at no cost to the City, prior to completion and acceptance of these improvements. Developer shall complete the above stated work in complete accordance with the plans and specifications for the work prior to student enrollment reaching 501 students. 8. CCFP Fees: Developer shall pay the statutorily-required CCFP fee as a private school as follows: Developer shall pay the requisite CCFP private school fee for not less than 500 students concurrent with the issuance of the first building permit for the South Campus facilities. Subsequent CCFP fees shall be paid in 100-student increments in advance of student enrollment reaching said thresholds. For example, once enrollment reaches 600 students, CCFP fees for 700 students shall be paid within 60 days of enrollment reaching 600 students. There shall be no refund of CCFP if enrollment drops. Notwithstanding the above, any CCFP fees paid in connection with the development of the North Campus (Sycamore Commons) shall be used as a credit against JSerra's CCFP private school fees. Further, notwithstanding the foregoing or anything to the contrary contained herein, the fair value costs incurred by Developer in completing the improvements specified in Table 1 attached hereto and incorporated herein shall be credited against the CCFP fees due under this Section 8, so that the total amount of CCFP fees required to be paid by Developer are reduced on a dollar-per-dollar basis in an amount equal to the costs to complete the improvements specified on Table 1. In addition, completion of the improvements specified in Table 1 by Developer shall be deemed an accelerated payment of the CCFP private school fees set forth above to the extent that such improvement costs exceed the CCFP fees that would then be payable by Developer based on student enrollment. For example, if the costs payable by Developer to complete the improvements specified in Table 1 exceed the total CCFP fees that would be owed upon student enrollment reaching 2,000 students, no additional CCFP shall be due or payable from Developer thereafter upon completion of such improvements even though the actual student enrollment at the time of completion of such improvements may be less than 2,000 students. Further, provided Developer has posted the bond required under Section B hereinbelow, no CCFP fees will be due by Developer upon issuance of a building permit and Developer may satisfy the CCFP obligations by completion of the improvements specified hereinabove. Prior to Developer commencing construction of any mitigation measures, Developer and City will enter into a reimbursement agreement to provide for CCFP reimbursement payments and fair share reimbursement payments to Developer, which shall be payable in equal annual installments over a 15 year period. B. Surety Bond Requirements. 1. Developer shall post a Faithful Performance Bond with the City in the total amount of $2.4 million (i.e., 2.4 million as the estimated cost of traffic mitigation improvements) to guarantee performance of the construction of traffic mitigation measures required under this Development Agreement. When construction of specified mitigation measure is completed, the amount of the Faithful Performance Bond shall be reduced, on a dollar by dollar basis, by the total amount of the costs incurred by Developer to construct the completed mitigation improvement. 2. The Surety Bond company shall have a Best Rating of at least B plus. 3. The bond shall be in a form acceptable to the City Attorney. 4. The bond shall be posted within 30 days of the Effective Date of the Development Agreement as specified in section 10.17 of the Development Agreement. Subject to reduction in the amount of the bond as provided above, the bond shall remain in full force and effect until all of the above stated obligations are fulfilled. Ordinance No. 897 was adopted by the following vote: AYES: Council Members: Allevato, Swerdlin, Hart, and Mayor Soto NOES: Council Members: Bathgate ABSENT: Council Members: None A certified copy of the complete text of the Ordinance is posted and may be read in the City Clerk's Department, 32400 Paseo Adelanto, San Juan Capistrano, and/or a copy may be obtained from that office at a nominal charge. Dated: September 8, 2004 /s/ Margaret R. Monahan, City Clerk Publish: Capistrano Valley News AFFIDAVIT OF PUBLICATION PROOF OF PUBLICATION RECEIVED STATE OF CALIFORNIA, ) ) ss. 1004 SEP 15 P 3: 0 S County of Orange ) C . f �•Li_na I am a citizen of the United States and a resident SAN JUAN- C A P I S I R/\N 0 of the County aforesaid;I am over the age of eighteen years,and not a party to or interested Proof of Publication of in the above entitled matter.I am the principal clerk of the Capistrano Valley News, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of txrr or aAMAZ t:Jl�a7ffMf0 wtleowa,fmx s�r tafptir�nn California,on June 7, 1984, Case No. A-122949 Notlw e,tamoby gMen 9mibn September 2I,2004 me CRY Coura VA oonatlx adeptlwr of an Ordinance enured: in and for the City of San Juan Capistrano, AN ORDINANCEAPPaOVINOAND ADOPTING ADEVELOA- MEM ARREEMEM FOR TME JSERRA MOM SCHOOL PRO.IECItPUEBLO$=INC.) County of Orange, State of California;that the The Oielnance approves a Development Agree- notice,of which the annexed is a true printed rnoonthe�anSasovmft`School awee of Ja swopeenead 1ocm81emd and seat of,Camim Cepe,bera,h ma Cr o< ir Jum copy,has been published in each regular and Capistrano. Pweuent'to tiovernmmA Code Section 65085.4 and fi6886, adoption of me Ordinance and execution of the Develop, entire issue of said newspaper and not in any rnant Ap will�the dwelopmem or me JSer e Mfph Sdwol�In faccordanosivilh applicable,nese and Ia- General supplement thereof on the following dates,to m°e Jeenaindo*Edd`uc4d1onInitiative,t t are piece md�n dive of execution of the Agreenent The A=further ilentlAw oxtrn Wbfie beroft provided wit: School to olbet Itw twee,for Coy cervico wed vV the deialopmml of the High School. Pudic berieft kF dude payment of a per studed fee, use of athletic law � September 9,2004 toes,,bpgaaaa, City children,p of private sec,alfy, arid A aaabfied copy of the wrnplele told of the Ordinance Is rM bs read in me Coy Cleft's "I certify or declare under the penalty of pa+eO senOo'SonJuanCapistrano. ° °°� fl'( ) P 1)' be odetrredhom met o8ke d.nadntl c1wg..o atltl"i6onel irNarmatloncodM m.-Gy Cork a1 WtW perjury under the laws of the State of California that the foregoing is true and correct": Oared:Septembe`1,2000 lat Margaret R.Monahan,City Clerk Executed at Santa Ana,Orange County, =4 6 :Capistrano valley News.September 9,2004 California,on Date: September 9,2004 Signature Capistrano Valley News 625 N.Grand Ave. Santa Ana,CA 92701 (714)796-7000 ext.2209 NOTICE OF TRANSMITTAL CAPISTRANO VALLEY NEWS Legal Publications CHARGE TO ACCOUNT NO. 0041125000 FOR PUBLICATION ON: THURSDAY, SEPTEMBER 9, 2004 DOCUMENT TO BE PUBLISHED: PUBLIC NOTICE — ORDINANCE SUMMARY (JSerra Intro) PROOF OF PUBLICATION Please send to: City Clerk's Division, City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 493-1171 AUTHORIZED BY: � dV DATE: September 1, 204 Date notice published - 09/09/04 Date affidavit received t C� ()Li Date notice posted in designated posting places (3) - 09/09/04 CITY OF SAN JUAN CAPISTRANO INTRODUCTION OF AN ORDINANCE Notice is hereby given that on September 21, 2004 the City Council will consider adoption of an Ordinance entitled: AN ORDINANCE APPROVING AND ADOPTING A DEVELOPMENT AGREEMENT FOR THE JSERRA HIGH SCHOOL PROJECT (PUEBLO SERRA, INC.) The proposed Ordinance approves a Development Agreement for the JSerra High School affecting property located on the north and south sides of Junipero Serra adjacent to, and east of, Camino Capistrano, in the City of San Juan Capistrano. Pursuant to Government Code Section 65865.4 and 65866, adoption of this Ordinance and execution of the Development Agreement will vest the development of the JSerra High School in accordance with applicable rules and regulations, including General Plan and Zoning as amended by the Jserra Education Initiative, that are in place as of the date of execution of the Agreement. The Agreement further identifies certain public benefits provided by JSerra High School to offset the costs for City services associated with the development of the High School. Public benefits include payment of a per student fee, joint use of athletic facilities, outreach to City children, provision of private security, and traffic mitigation. A certified copy of the complete text of the Ordinance is posted and may be read in the City Clerk's Department, 32400 Paseo Adelanto, San Juan Capistrano, and/or a copy may be obtained from that office at a nominal charge. For additional information, contact the City Clerk at (949) 493-1171. Dated: September 1, 2004 /s/ Margaret R. Monahan, City Clerk k Transmit Conf _ Rlaport ww P. 1 Sep 8 2004 16:24 Fax/Phone Number Mode Start Time Page Result Note 17143472557 NORMAL 8, 16:24 0'42" 1 * 0 K SEP 08 2004 15:55 FR CONSUMER CLASSIFIED 714 796 2294 TO 19494931053 P.01/10 CUT CIF sow JUMM aAPasiaee0 An0►pOw OM emmlll L4M NO.@7 A Nosce w hereby gh+n that on September 7.2004 the Cay Counce adoptaf Ordnars No.897-ae bgoua: �S AN ORDINANCE APPFIDNANG AND ADOPTING A DEVELAPMENT AGREEMENT FOR TME JSERRA HIGH SCHOOL .a PROJECT(PUESLO SERRA.INC.) ? The Coy Counee of the CeY of San Juan Capt3rrwo hereby ordains as(doers: Rechals. WHENWAS,on July 23,2002,omens of the City of San Juan CapwvaW commenced eMcubtlon of the setldescribed e •JSerm Eduoatlon Inahstiva'(1he IMflatwe•):and. �C! E WHEAiAR,free Intalm A2 amended the We General Plan and zoning requvemerna to pennil a pwa s high school on real Property dsscdbsd as Aweeaor's P&WAIN Numbers 84"M-03.04 Ham,end B460It-30:and, WUNKRAS,Pueblo Serve.LLC and Pueblo Serra.Inc ("the Oaydopar•)own and operate the prwae high school;aria, WINM AS,the Gty Council adopted tta Indwhele on May 18.2003 pursuant to 1M requlremeMs of the Stere Elections Code:and, n 7 HIMsEA6,City and Oavetopar agree to enter Ittlo a Oeuelopment Agreement purauam to Govammere Code see wn fa968a at sag,for the purpose or allowing City to odun valuebfe tuok revenues to onset cosh for Ct xrvees such as r Police,are,and reMeatWnalsorvicn arta cenem traMc mligallon measure.wNk w the same time prwding ass"neee m to Developer that rM sublet?properfl'can be developed in accordance wlh appllCable Ganeral Plan and toning re0ulre- 0 mads;and, - - z N WHEREAS,the Cnrtyy Council fells that the Denneopmemt Agreament is coosiatem'mIh nue at General Plan Cklh9ms LL end tM Archl actteal Control Apprrcapan b tais project,and. S' WHUI W,the City Coumil hes deteMvned by Resoluton that the EIR a in fun cwwgAr"whh CEOA and Meda SM— C&findings in support thared. , OIL r S a NOW THERUFON6,pursuam to Government Code 6etdions 65861 at seq.,this Ont'Cgraleil does nenaDy approve and adopt Ins Dewbprnam AgeemeM W the JSWa hlph school prom.wh ie apace ed w Sonba Z and NCorporared heron by ralerenca. The=is aahorlted t6 ewscute said Aptserlanl on behalf of the city of San Juan Capin,wo. Cny Gerk'a CattAfOeaan The CM Clerk ihe0 comet'to the adopton dNu O/dnance aha rouse Iha rarrre m be posted al the duly tlntlgrratad boetivj plBdea a1Ntn the Gtvy and oud9thed mce niehn fiheen(151 tlays a6ar.OeaseOeerd as raglrlmd by law,a,n tlu akarrylive,the ON Ckrk mayy cause b he publi had a d lhrs Or&nsn®end s cG� tiled aapy of rhe test d tnie Ordintaloe shell De polled n Itle Oface of lho Cqy Gerk ave(5) prior Io?ha dee d adop- ?Ion o}fila Ordhanas and,watnn hMCI(151 deyt aJrar adoplbn.Ula 011r Clark aheg cause to puWmhed 171e Norernem V, cufn w end shat post a ce copy of INe Orderance,toget slitll the vee for and egainet the same,in the OMca or tta city Clark JOE 5 OR ATTEST: MARakRET ,G 1 r�X3l 2 \) DEIIFJA"WAT AW"Xi filar ft((gqaesses or's Parent#640—M-03; 1h025:640�011-30,Courcy of Orange,Calbmia) This OawWpmenl Agrearnam Is made fits day d ,2004.W and between the Cny at San Juan CepiWeno (Cky') and Pueblo Serra Worship Holdings,a lCalgWnla fU brPRO religious corpoleton('OevelopM'). The CM and Dervafcper are also rakrred t0 ec"Peril and kdrvidua8y as a'Maty. mMU' LS ti tmereeeare,Developer owns In ret sunpk We approomsadty 9 acres of real goMrO'edjacara to,and oast of,Camino Captstrero and noNtarly of Jurlpeio Srm Rod ad daia�haed a l29 s e Count'Nalwonds Ra II N b/g-361-m De- __. .,...ww her a veered leecehold Interest N epproumaaey 29 acres o? unarprOved f6a1 p aoutktty d parral•eN4n.025,b MaD11. Im three above SEP 05 2004 15:55 FR CONSUMER CLASSIFIED 714 796 2294 TO 19494931053 P.01r10 CITT OF SAN JUAN CAPISTRANO ADOPTION OF ORDINANCE NO.N7 - Notice is hereby given that on September 7,2004 the City Council adopted Ordinance No.897-as follows: AN ORDINANCE APPROVING AND ADOPTING A DEVELOPMENT AGREEMENT FOR THE JSERRA HIGH SCHOOL 5� PROJECT(PUEBLO SERRA.INC.) xa f The City Council of the City of San Juan Capistrano hereby ordains as follows: Recitals: WHEREAS,on July 25,2002,citizens of the City of San Juan Capistrano commenced circulation of the self-described "JSema Education Initiative"('The Initlative');and, w WHEREAS,the Initiative amended the City's General Plan and zoning requirements to permit a private high school on LL a real property described as Assessor's Parcels Numbers 649-361-03,649-MI-M,and 64901-30;and, WHEREAS,Pueblo Serra,LLC and Pueblo Serra,Inc.("the Developer')own and operate the private high school;and, WHEREAS,the City Council adopted the Initiative on May 19,2003 pursuant to the requirements of the State Elections Code;and, WHEREAS,Cay and Developer agree to enter into a Development Agreement pursuant to Government Cade section mg 8588-3 et seq.,far the purpose of allowCity to obtain valuable public revenues to offset costs for Ck services such as r police,fire,and recreallonai.services aril certain traffic mitigation measure,while at the same time providing assurances m to Developer that the subject property can be developed in accordance with applicagle General Plan and zoning require-mems;and, - Z m WHEREAS,the City Council finds that the Development Agreement is consistent with the all Generel Plan elements 0 and the Architectural Control Application for this project;and, • >; WHEREAS,the City Council has determined by Resolution that the EIR is in lull compliance with CEOA and made spe. «N cific findings in support thereof, , a r u NOW THEREFORE,pursuant to Government Code sections 65834 at seq,the City Council does htareby approve and adopt the Development Agreement for the JSerra high school project,which is attached as Exhibit Z, arW incorporated herein by reference. The Mayor Is authorized to execute said agreement on behalf of the city of San Juan Capistrano. City Clerk's Certification: The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the C1ty and published once within fifteen(15)days atter.passage,and adoption as required by law;or.In the alternative,the Ciry Clerk may cause to be published a summary of this Ordinance and a cer- taied copy of the text of this Ordinance shall be posted In the Office of the City Clerk five(5)dayyss prior to the date of adop- tion of this Ordinance;and,within fifteen((15)days after adoption,the Gry Clerk shall rause to he published the aforemen- tioned summary and shall post a certified copy of Ihls Ordinance,together with the vote for and against the same,in the Office of the City Clerk. JOE SOTO,MAYOR ATTEST: MARGARET NAHAN, I C K V \� EIDNerr Z DEVELOPMENT AGREEMENT 649-011-025;6491.01 1.90,,Cou#649-361nty 1 of Orange,California) This Development Agreement is made this_day of 2004, by and between the City of San Juan Capistrano ( Qty)and Pueblo Serra Worship Holdings,a California not r fit religious corporation ("Developer•). The City and Developer are also referred to as Parties"and individually as a"f�arty*. RECITALS Whwsaa,Developer owns in fee simple title and designated acres of real property Assessor's to,and east of,Camino b\ veld p r cu and novas a of ted le ro Sena Road and designated as Orange Conray Assessor's Parcel# rty southerly 81-ai. De- veloper currently has a vested leasehold Interest Nt ty Ass son's a acres of unimproved real property three ae JUnipero Serra Road and tlesignetetl as Orange Conray Assessor's Parcel#849.011.025,&8as-oft-3-300 All three above I stated parcel,are collectively referred to herein as Ile'Subject Property",and Whereas,Assessor's Parcel#649.361-03 is common) referred to as the"north campus"and Assessors Parcels# 649-011.025&649-011-30 are commonly referred to as the south campus",and Whereas,on or about July 25,2002,citizens of San Juan Capistrano commenced circulation of life"JSerra Education initiative"whloh is hereby expressly incorporated by this reference as it set forth in NII('The Initiative"),and Whereas,the City Council on May 19,2003 adopted the Initiative pursuant to the requirements of the state Elections Code,and Whereas.on June 3D.2004,the California Court of Appeal,in Native American Sacred Site and Environmental Protec- tion Association v. City of San Juan Capistrano(Case.No.G033198)affirmed that the City's adoption of the Initiative on May 19,2003 was lawful;and Whereas,the Initiative contains General Plan and zoning regulations that allow the prevlously-on(ftled structures on SEP 08 2004 15:56 FR CONSUMER CLASSIFIED 714 796 2294 TO 19494931053 P.02/10 • � 20�' t2 the north campus to be used as a private Catholic high school and also allow the development of supporting school facili- ties on the south campus,and Whereas,construction of improvements on the south campus parcels as applied for by Developer entail Architectural Control land use approvals from the City,and Whereas,the Parties agree that this Agreement will promote and encourage the development of the Subject Property by providing the Developer,and its successors,assigns,and lenders.with a greater degree of certainty as to the Deveto- per's ability to complete the Project,and that the consideration to be received by the CIN pursuant to this Agreement and Me rights secured to Developer hereunder constitute sufficient consideration to support t e covenants and agreements of the Parties,and Whereas,theAqooreement provides a mechanism by which the City can obtain valuable public revenues which will as. sist in the long-stanBing,desired economic development of the Subject Properly and which will offset costs for City serv. ices such as police,fire,and recreational services,while at the same time ensunng the prompt processing of applications for the development and operation of a Catholic hlgh school on the Subject Property and Whereea,the City has processed,considered,and approved an environmental impact report that has fully analyzed the environmental impacts of the project MOW,THEREFORE,City and Developer mutually agree as follows: ARTICLE L General Proelslea s. 1.1 OvrwrW�W she prepsrrttyy The City and Developer acknowledge and agree that Developer has the requi. site legal or equaable interest N the Sut>)ect Property,and thus.Developer is qualified to enter Into and be a party to this Agreement in accordance with Govemment Code section 65665(b). 1.2 ASWynneet of Rights, Developer shall be permitted to assign or otherwise transfer this Agreement,and is rights and obligations hereunder,to any other person,firm or entity,but only if the prior written consent of the Cty or the Gty's dole is Is obtained. Such consent of the City shall not be unreasonably withheld. Notwithstanding any other pro- visions in ,gate Agreement((Includinp.but not limited to,the previous two sentences),Developer or its successors in niter. est may assign or othervAse transTer this Apreemem and its d is and obligations hereunder to mr,entity or entities owned or controlled either directly or indirectly by Junipero Serra High School,a California non-proft religious corporation ("JSerra Higgh School")(each such amity beingg a"Permitted Transferee"). Assignments or transfers of the Agreement,or rights or obligations thereunder,to a ParmRtetl Transferee do not require the prior written consent of the City,such con- sent being affirmatively given herein. As used inthissubsection "owned or controlled by" means an entry in which JSerra High School has either a direct or indirect equitable or beneficial ownership imeresf equal to at least 26%or an amount sufficient to exercise control,or a limited liability company in which Timothy R.Busch or an entity comic"by Published;Capistrano Valley News,September 16,2004 (Part 1 of 6) 6355642 3.314a SEP 08 2004 15:56 FR CONSUMER CLASSIFIED 714 796 2294 TO 19494931053 P.03i10 i • 3� ,�.. ORDINANCE NO.897 - EXHIBIT Z (continued) Timothyy R.Busch serves as a managing member. The provisions of this Agreement shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns. To the extent of the interest of the Developer, and its assigns, in the Subject Property,the covenants of Developer set forth in this Agreement shall be covenants run- ning with the land and enforceable to the full extent permitted by applicable law. 1.3 Toren. Unless otherwise terminated as provided in this Agreement or otherwise provided,this Agreement shall continue in full force and effect for a period of 20 years from its effective date. ARTICLE 2. Dooalopmant of the Property. 2.1 Vested RIgM to Dowlop. Pursuant to Government Cade sections 658&5.4 and 65888,Developer is obben- ing vested rights to develop the Subfect Property M accordance wth applicable Carrera!Plan and zoning reggulations,as amended by the Initiative,the tarns of this Agreement,and Architectural Approval(AC)0207. Unless amentled or termi- nated in the manner specified in[his Aor9emeni(and subject to the provisions of this Agreement).Developer shall have the rights and benefits afforded by this.A4greement and this Agreement shell be enforceable by Developer antl the Cfry not- withstanding any ggrpw[h control measure or any tlevelopment moratorium adopted char the Ezeculion Date, or any chsnge in apploabl0 general or specific plans,zoning,or subdivision regulation adopted by the City which after or amend the City's General Pian or Zoning Coda or eteun a change to City policies that prevent or materially adversely effect devel- opment of the Project as contemplated by this Agreement and Architecture Approval (AC) 02-07 Developer�greel to comply with all conciffions of approval imposed on the project through City's adoption of Architectural Approval(An 02- 07. 2.2 Permitted Uses. (a)Unless otherwise provided by this Agreement,the land use rules,regulations and off pial P olicies governing the permitted uses of the Subject Property.governing density,design,improvement,and rwnstiucton standards and specifications,applicable to development of the property shall be those rules,regulations,and offidal poli• cies set fortM1 in the Initiative,the Archiecural Approval,and the land use rules,regulalans,end official policies in force at the time of the execution of the agreement Pursuant[o GovammeM Code section 85866,the City in subsequent land use actions appllcahle to the Property may eppN new rules, regula[bns,end policies which do not conflict with those rules,regulations,and policies which are eppl le to the Subject Property. (b) In addition,at no time shall the student population of the school exceed 2,000 full time equlvelenl studxits.Full time equivalent students does not include individ- uals wfxt are not enrolled in the school and who attend after school programs at the school taclUtks. (c) PeAorming Arts Center. Developer intends to propose a Performing Arts Center on the South Campus at a futurepo int in time Developer may apply for en exception to the City's 35 foot hegM rule as pad of an archleclural control("AC')application by filing an excepton request vnM the AC application.The following enters shall apply In the Planning Commission's determina- tion of whether to grant a height Iimrtation exception: (1)whether the design and layout of the structure is compatible wkh surrounding land uses; 12)whether the general design considerations, including the character, scale,and quality of this design are consistent wiithh the o s Oeslgn Guidelines; (3)vfiether the desgpand layout would pose significant impair- ment of view sheds;(4)whether Developer hes demonstrar etl that feasihI.design soINions have been studied such that Ins spactic height proposed represents the only feasible means available to construct Ilia proposed structure. (d) R any prevision of the Ciryy Title 9 Zoning regulations otherwise applicable to the South Campus project is found to be in con- flict With the Architectural Control approval kr fire South Campus of the terms of this DeveloPmeM Agreement,then the Ar- chitectural Control approval and the Development Agreement shell control and supercools the Wriflxxing provisions in the City's Zoning Regulations. 2.3 Futuro Dowelopar Requested Land Rtes Changes.Developer shall not be entitled to any char®e.modi- fication, revision or alteration in applicable General Plan and zoning regulations or Architectural Control(AC)0207 with- out review and approval by the City in accordance with City's MunicipaiCode requirements as they relate to modification of such land use entitlement requirements. 2.4 Future Voter Aetiom. Notwithstanding any other.provision of this Agreement to the contrary,any general plan amendment,zoning ordinance or regulation,or any other law,policy,or procedure adopted by the voters of the City after the Execution Date of this Agreement shall not apply,in whole or in pan,to the Subject Propert or the J3erra High School pro mt.unless such voter approved amendments ex ressty,further the development of the Subject Property for the JSerra High School Project Additionally, because the Supreme Court held in Pardee Construction Co. v. City of Camarillo(7984)37 Cal.3d 465 that the failure of the parks therein to provide for the timing of development permitted a later enacted ordinance restricting the timing of development,it is the intent of the Developer and the City to hereby ac, knowledgge and provide a right for the Developer to develop the Project in such an order and at such rate and time as De- veloper deems appropriate within the exercise of its sole and subjective business judgment. 2.3 Reserwtion of AutherityAbeceptiorm Notwithstanding any other provision of this Agreement,the follow- ing additional subsequent land use regulations shall apply to the devellopment of the Subject Property: (a) Processing fees and charges of every klntl and nature Imposed or enacted by the City to cover the estimated ac- tual costs to the City of processing applications for land use approvals or for monitoring compliance with applicable land use approvals; (b Procedural regulations consistent with this Agreement relating to hearing bodies,applicatlons,notices,findings, records,hearing,reports,recommendations,appeals and any other matter of procedure; (c) Changes adopted by the International Conference of Building Officials,or other similar body,as pan of the then most current versions of the Uniform Buildingg Cade, Uniform Fre Code, Uniform Plumbing Code, Uniform Mechanical Code,National Electrical Code,or Dangerousbuilding Code. (d) Regulations that are in conflict with Developer's Project provided Developer has given written consent to the appli- cation of such regulations to the Subject Property. (a) (e) Federal,state,county,and mul&jurisdictional laws and regulations which the City is required to enforce as against the Subject Property or development of the Subject Property. (() Utility connection fewwhich would ordinarily be required to be paid by Developer. g) Regulations that do not apply to the development of the Subject Property but to future potential temporary uses such as temporary use permits. 2.6 Modifleatlon or Suuosrptnsk m by Federal,State,County,or Multldurisdiellowl law„In the event Mat federal,stale,county,or muhFjudadiotonal laws or regulations,enacted after the effective date of this Agreement,pre- vent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary,to comply with suc federal,state, county; or muhLjurisdictional laws or regulations,and this Agreement shall remain in full force and affect to the extent h is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provision impractical to enforce. IIIITICLE 3. PUBIJC BBBERTS 3.1 General The Parties acknowland agree that Develo is Project will result In demands on public services and further acknowledge and agree that isp�reement confers unlpgeue benefits to Developer that can be balanced yy the provision of public benefits to the City. Accordngly,the Parties intend by this Agreement to provide additional considaro- SEP 08 2004 15:57 FR CONSUMER CLASSIFIED 714 796 2294 TO 19494931053 P.04i10 0 0 4 o� iZ tan to the public that exceeds the costs attributed to the demands on public services created by the project 3.2 Per Student Fee Imposition. Developer shall make payments to the City w follows: 12.1 For the school year commencing September 1,2005 through August 31,2006,Developer shall pay Gty a sin- gle Per Student Mitigation Fee of Ona Hundred Seventy-Two Thousand Dollars($172,c00). 12.2 For the school years commencing September 1,2006 through August 31,2007 and each school year there- after for the duration of this Agreement,Developer shall pay the City an annual fes('Per Student Mitigation Fee-)epual to Two Hundred Dollars($200) per student enrolled in the regular NII time curriculum at the School as of October 1,but in any event not less than Two Hundred Thousand Dollars($200,000)per school year. As an example,if during the Septem- ber 1,'2006 throwgh August 31,2007 school year, De per has a student enrollment of 500 students, Developer shall pay the City $200,000 to cover the annual payment for that school year ($200 x 500= $100,000, which is less than $200,000). If,however,during this same school year,Developer has a student enrollment of 2,000 students, Developer shall pay the City Four Hundred thousand Dollars($400,000)for that school year($200 x 2,000=$400,000). 3.2.31n addition to the above provisions, commencing the third year the Per Student Mitpation Fee (initially at $200 per student)Is to be ppaid by Developer pursuant to Section 3.2.2,the Per Student Mitigation Fee shall be increased two percent(2%)per year(on original base amount). 3.2.4 The Parties expressly acknowledge that at this point in time,it is unclear whether the Subject Property will be deemed by the applicable authority to be exempt from the payment of real property taxes. To this end,notwithstanding any of the provisions of this Agreement, k the Subject Property is not deemed to be tax exempt in its entirety,Developer shall continue to be obligated to pay the annual Par Student Mitigation Fee set forth above,but the amount due shall be reduced by an amount equal to the sum of(1 the gross teal property taxes and assessments attributable to the Subject Property that is allocated to(a)the City.(b). ity.controlled special districts,and(c)other CiNcontrolled taxing entitles, and(2)the gross property tax increment attributable to the Subject Probe allocated to the Community Redevelopment ency of the City pursuant to Health and Safety Code section (b) or successor statute (collectively, the ity/Agency Property Tax Allocation"). The City/Agennccyy Property Tax Alloeabon shall not include the diversion of all or a portion of City or Agency roberty tax receipts attnbuteble to the Sub ectProppeerktyy to the Educational Revenue Augmenta- tion Fund,but shall incl all other lex amounts etlribirteble to the tubject Propp�eegy which wouW otherwise he received bV the Citityy or Agency lou[for the other acts of!ha County of Orange State Of Cpllfornla,oP federal flovemirert. it the Per Student Mitigatign Fea is less than zero(e.g,CkylAgency Property tax Allocation exceeds the Per Student Mation Fee owed for a particular year), Developer shall) not ba obl'gat to make any Per Student Md{patlon Fee Pe mem for that school year and the amount lass than zero shall be canted over tolhe followirp y�r and added to the City/Agency Prop- erty Tax Allocatwn for the following year. The City/Agency Properly Tax Alloeatbn la determined on the basis of a July 1 to June 30 fiscal year. The City/Agency Property Tmc Allocation for a particular fiscal year shall cortespond to the school year falling pdncipally within the fiscal year(e.g.,the Clty Agency Property Taz Ailocallon for the period July 1, 2005 to June 30,2006,shall apply to the school year falling September 1,2005 to August 31,2006). Published:Capistrano Valley News,September 16,2004 (Part 2 of 6) 6357749 3-314b SEP 08 2004 1558 FR CONSUMER CLASSIFIED 714 796 2294 TO 19494931053 P.05/10 0 S ORDINANCE NO.897-EXHIBIT Z (continued) 32.3 Notwithstanding the provisions of Sections 3.2.1 through 3.2.4 above, the Par Student Mitigation Fee shall never exceed,per fiscal year,that amount equal to the City/Agency Property Tax Allocation the City,City-controllsd spe- cial districts, other City controlled taxing anbhes,and the Community Redevelopment Agency of the City of San Juan Capistrano would have received if the Subject Property was not manned to be tax exempt. The parties expressly agree that the purpose of this provision is to ensure that no party obtains a financial windfall. 326 Timing o1 Payment. Developer shall be obligated to make the Per Student Mitigation Fee for the school year tallinp principally within Me correspondug fecal year and such payment shall be made within sixty(60) days aper such fisca year ending June 30,subject to noh tion of Developer of the amount due,if applicable. 3.2.7 Interest Penalty for Late Payments. If Developer fails to make a payment of the Per Student Mitigation Fee to the City(if required when the credit for the City/Agency Property Tax Allocation is applied)within four(4j weeks from deliv- ery of written notice from the City setting forth the amount of the Per Student Mitigation Fee due for such year,men apan- afty at the rate of the Prune Rate plus three percent(3%)per annum shall be applied to the payment. For purposes after section,the applicable Prime Rate shall be published m the Wall Street Journal on the 15th day of the prior month(or pre- ceding business day if the 15th day is not a business day). 3.2.8 Reconcliiation of Per Student MRlgation Fee Payments. The Parties hereby expressly acknowl- edge and free that the Per Student Mitigation Fee Payments may need to be reconciled on a yearly basis to ensure ef- fectuation of and adherence to the Parties'intentions as expressed in this Article. To this end,the Parties agree to create a mechanism by which to ensure that no overpayments or underpayments of tha Per Student Mitigation Fse Payments are made. 32.8 Seemly. If Developer fails to make a Per Student Mitigation Fee payment to the City(if required when the credit for the City/Agency Tax Allocation is applied)within four(4)weeks from delivery of written notice from the City set- ting forth the amount due,Developer shall be required to pr wide Immediate payment of the amount in arriers and shall al- so be required to immediately deposit with City,to be held in trust in a separate,segregated fund,S2D0,000 to cover one year's worth of a Per Student Mitigation Fee Payyment. This amount held in trust shall not be expanded by the City for any purpose,and shall be held as security for Developer's obligations set forth herein. The$200,000 security shall be held In an Interest bearing account to be m rtuvtWN agreed upon by=per and the City,with vaeresi bearing on the account to be payable to the Developer on January 31 of every year. ' 3.2.10 Audit. City at its discretion is entitled to request and Developer shall cooperate with a third party audit of school records pertaining to the student fee obligation, 3.3 Joint Public Yeo of Project FaeiNtles. Developer and City agree to,enfer into a mernorandum of under- standing for the joint use of certain designated portions of the south campus facilities by the City. The Parties acknowl- edge that the•Joint Facilities Use Agreement",dated April 22,1998,.between the Gry and the Istrarlo Unified School District will serve as a model of the memorandum of understanding to be entered into between le 'ty and Developer pur- suant to this Section, 3pr gaar exclusively Aid far,and Outreach 1a CM A committee made p agrees to designate i portion of its financial aid program prese tvay for children commission of City residents. A ate will d made up ra local individuals s s a be nevi wed and Developer rUSemaaffire,ncial aicoien member,etc.)will distribute awards. Such awards shall a reviewed sntl approved I JCity focusing sing al aid committee. conomf air also shall adopt a proactive outreach program to attract stu- dents from the City focusing paniCularly on the economlcaly distressed areas of the City, 3.9 Commitment to 0 "Site Private Security. Developer agrees to provide private,24-hour security at the School utilizing a combination of electronic monitoring systems and patrols. 3.6 Tragic Mfttg" a ObRyatien. Developer shellperform certain traffic impact mitigation activities more particu- larly set forth in Exhibit A,attached and incorporated herein by reference,under the terms and conditions as set forth in Exhibit A. ARTICLE 4. RMEW FOR COMPLIANCE 4.1 Periodic RMew.The City Council shall review this Agreement annually,on or before the anniversary of the Ef. fective Date,in order to asceftn the good lath comply by Developer,with the lem s of the Agreement As part of that review,Developer shay submit an annual monitoring review statement desarbing Its actions in compliance with the Agreement,in a form acceptable to the Cry Manager or his/her euthaized des nee,within tituN(30)days after written notice therefrom required such a statment. The statement she be accompanied by an annual review and admsustra tion fee sufficient to defray the estimated costs of review and administration of the Agreement during the succeeding year. The amount of the annual review and administration fee shall be the actual costs Incurred bvNCf y as determined by the City yy to coonndauct or complete tbut not to �re iew as p ovided erut the einn"it hhaveess prior eany impoval of act on Developer the validity of thisWmorithe Agreement. ct the 42 Special Review. The City Council may,in its sola and absolute discretion,order a special review of compliance with this Agreement at any time at City's sole cast.Developer shall cooperate with the City in the conduct of such special reviews. 4.3 Procedure. Each Party shall have a reasonable o portunity to assert matters which it believes have not been un- dertaken m accordance Will m the Agreaent to explain fire basis for such asset lon,to receive from the other Parry a justi& cation bile position on such matters. 42.1 If on the basis of the Parties'review of any terms of the Agreement,either Party concludes tet the other Par- has not complied in good faith with the terms of the Agreement.Men such Party may Issue a written"Notice of Nor, Compliance"specifying the grounds therefore and all facts demonstrating such non-compliance. 42.2 The Perry receiving a Notice of Non-Compliance shall haw thirty (30) days to Wre or remedy the non- compliance identified In the Notice of Compliance,or B such cure or remedy is not reasonably capable of being cured or remedied with such thirty(30)days period,to commence to cure or remedy the noncompliance and to diligently and in good faith prosecute such cure or remedy to completion. 4.3.31f the Party receivin®®the Notice of Non-Compliance does not belle"it is out of compliance and contests the Notice,i shall do so by respontling in writing to said Notice within ten(10)calendar days after receipt of the Notice. 42.41f the response to the Notice of Non-Compliance has not been received in the offices of the Party allIng the noncromplierhee within the prescribed time period,the Notice of Non-Compliance shall be presumed to be VaIV unless good cause exists for not responding within the lime period. 4.3.5 If a Notice of Non-Compliance Is contested,the Parties shall,for a period of not less than fifteen(151 days fol- lowing receipt of the response,seek to arrive at a mutually acceptable resolution of the elter(s)occasioning the Notice. In the event that a euro or remedy is not tknaly effected or,it the Notes Is contested and the Parties are not able to arrive at a mutually acceptable resolution of the matter(s)by the end of the fifteen(15) day period.the parry alleging the non- compliance may thereupon pursue the remedies provided In section 5.4 of this Agreement. 4.3.6 Neither Party hereto shall be deemed in breach 4 the reason for noncompliance is due to a"force majeure' SEP 08 2904 1559 FR CONSUMER CLASSIFIED 714 796 2294 TO 19931053 P.O6i19 ((1� • (p Olt' ��� as defined in,and subject to the provisions of Section 10.7 below. 4.4 CertiDeato of Agreement Compliance. If, at the conclusion of a periodic or special review, Developer is found to be in comppliance with this Agreement,City shall, upon request by Developer, issue a Certificate of Agreement Compliance('CeNficate")to Developer stating that after the most recant Periodic or Special Review,and based upon the information known or made known to the City Counal that(1)this Agreement remains in effect and that(2)Developer i5 in compliance. The Certilicete,whether issued after a Periods or Special Review,may be in recordable form if re Uired, shall contain irOonnaaon necessary to ocmmunicate Constnrctive record notice of the finding of compliance, and shell state that the Certificate expires upon the eadier of(i one(1)yyear form the date thereof,or(li)the date of recordation of a Notlee of Termination of Development Agreement. itionetly Developer may at anytime request from the City a Certifi- cate statin0,in addition to the foregoing,which obligatIona MOr this agreement have been fully,satisfied with respect to the Subject Property,or any lot or parcel within the Subject Property. Developer may record the Certificate with the Coun- Cy Recorder. If City does not expressly issue a Certificate,or expressly decline to issue a Certificate within 15 calendar days or ager the conclusion of the periodic or special review,a Certificate shall be deemed to have been provided to De. v per. ARTICLE 9. TERNINATIONAMAULT AND REMEDIES 5.1 Termination for Default by Offelopsr.The City may tamunate this Aggreement for any failure of Developer to perform any of its material duties or obligations hereunder to comply In good%ith with the terms of this Agreement gherelnaher referred to as "default'or"breach');Wovided,however,the City may terminate this Agreement pursuant to tis Section only after following the procedureset forth in Section 4.3. 5.2 TermimatiOn N Anroemont for De/ault of CItF.Developer may terminate this Agreement pursuant to this Section only after following the procedure set forth in Section 4.3 and thereafter providing written notice by Pueblo Serra to the City of the default setting forth the nature of the default and the actions,if any,required by the City to cure such de- fault and,where the default can be cured,the failure of the City tocuresuch default within lhirry(30)days after the effec- tive date of such notice or,in the event that such default cannot be cured within such thirty(30)day porrod,the failure of the City to commence to cure such default within such thirty(30)day period andAo diligently proceed to complete such actions and to cure such default. 5.3 Mibhta and Duties FOUowimg TOrmimm"o Upon the ternunation of this Agreement,no Party shalt have any farther ht or obligation hereunder script with respect to(i)any obligations to have been pedormad prior to said ter- mination,or(ir)any material default in the performance of the provisions of this Agreement which has occurred prior to I said termination. SA 06puto Resolution by Nadine Arbitration,Subject to the notice of default and opportunity to cure undersea tion 4.$,all disputes,Claims,and questions regarding the rights and obligations of the Parties under the terms of this Agreement shall be resolved by binding arbitration. Published:Capistrano Valley News,September 18,2004 (Part 3 of 6) 6357823 3-314c SEP 08 2004 15:59 FR CONSUMER CLASSIFIED 714 7% 2294 TO 19494931053 P.07i10 0 -7 6Z .2 ORDINANCE NO. 897 -DCHIBITZ (continued) In case of a dispute,either party may make a demand for Arbitration by filing such demand In writing with the other par- ty within ten(10 days after the notice of default and cure process has been axnausted. The arbitrator shall be mutually selected by the Parties In the event that the Parties cannot agree on an arbihator within ten fI0 days, then one or both Parties shall file a written request with the Judicial Arbitration and Mediation Service ('JAMS")for a Inst of nine(9)potential arbitrators. Upon receipt of such list,the Parties shallpromptly conduct a strike-off of unacceptable names. A coin toss shall be irtially conducted to determine which Party shall strike off the first name. Once the arbitrator is chosen,the Parties immediately shall forthwith request JAMS to set an arbitration hearing not later than 120 days tram date of the arbitration request. Costs of the arbitration proceeding shall be shared equa:ly. fl.b Saret7 Bond Nothing in this Article shall prevent City from making a demand on the surety bond for untimely performance of the traffic mitigation measures set forth in Exhi big A provided the provisions of section 4.3 have been com- plied with. ARTICLES. THIRD PARTY LITIOATIOM The CM shall promptly notify Developer of any claim,action, or proceeding filed and served against the City to chal- lenge,set aside,void,annul,lima or restrict the approval and continued implementation and enforcement of this Agree- ment. Developer agrees to fully defend and indemnity the City for all costs of defense and/or judgment obtained in any such action or proceeding. Developer shall assume the obligation of providing a legal defense in such litigation,including the choice of defense legal counsel,unless otherwise provided for by mutual stipulation of the Parties. ARTICLE 7. MORTGAGEE PROTECTION 7.1 The Parties hereto agree that this Agreement shall rat prevent or limit Pueblo Serra, in any manner, at Pueblo Sena's sole discretion, from encumbering Agreement Subject, Property or any portion thereof or an impprovement thereon by any mortgage,deed of trust or other security device securing financing w4h respect to the SubTlect Property. The City ac- knowledges that the lenders providing such faancing,may require ceRa'vt Agreement interpretations and modrficafions and agrees upon request,from time to time,[o maeI with Pueblo Sera and representatives of such IerWers to negotiate in good fakh any such,request for imarpratation or modBdation. Subject to compliance with applicable laws,the City will net unreasonably wahhold its consent to any such requested interpretation or modification prrwdetl the Cay determine such interpretation or modification is consistent ort the intent and purposes of this Agreement. 7.4 Any Mortgagee of the Subject Property shall be entitled to the following rights and privileges: (a), Neither entering into this Agreement nor a breach of this Agreement shall defeat,render invalid,diminish or Im- pair the(ren of any mortgage on the Subject Property made in good faith and for value,unless otherwise required by law. (b) The Mortrtggagggeeee of any mortgage or deed of trust encumbering the Sub act Property,or any part thereof,which Mortgagee has surigW a request In writing to the City in the manner specified herein for giving notices,shall be ehtale to receive written notification from the City of any default by Pueblo Sena In the performance of Pueblo Serra's obligations under this Agreement. (c) It the City fimey receives a request from a Mortgages requestingg a copy of any notice of default given to Pue- blo Sena under the terms of this Agreement,the City shall make a ggooaad falth effort to pprovide a copy of that notice to the Mortgages within tan(10)days of sending the notice of default to Pueblo Serra.The Morigagee shell have the right,but not the obligation,to cure the default during the period that is the longer of(I)the remaining cure period allowed such Par- ry under this Agreement or(i)thirty(30)days. (dl Any Mortgagee who comes in to possession of the Subject PropeM or any part thereof,pursuant to foreclo- sure oil mortgage or deed of trust,or dead in lieu of such foreclosure,shall fake the Subject Property.or parry thereof, subject to the terms of this Agreement. Notwithstanding any other provision of this Agreement to the contrary,no Mortga- gges shall have an obf4ation or duty under this Agreement to perform any of Pueblo Serra's obligations or other alfirma- fwe covenants of Pueblo Serra hereunder,or to guarantee such pedormance;except that(I)to tha extent that any cove- nant to be performed by Pueblo Serra is a condiaon precedent to the performance of.a covenant b the City,the perform- ance thereof shall continue to be a condition precedent to the City's parkernamce hereunder,and(ll in the event any Mort- Gagee seeks to develop or use ar r portion of the Property acquired W such Mortgagee by fo mum,deed of trust or deed In lieu of foreclosure,such Mortgagee shall strictly comply vnth I of the terms,condBions and requirements of this Agreement and the Development Plan applicable to the Subject Property or such part thereof so acquired by the Mortga- gee ARTICLE B" INSURANCE Developer shall submit within 30 days from date of adoption of the ordinance approving this Development Agreement to the City duplicate originals of policies and endorsements,or appropriate certificates of insurance,of publk:Iiabllfty in�i- ance and broad form property damage insurance policies in the amount of not less than Two Million Dollars(52,000 combined single limits,for death antl injury to any person and property damage,naming the City and its officers,officials, employees,agents,and representatives as additional insureds,and in addition all such insurance. (a) shall be primary insurance and not contributory with any other insurance the C+ry or as officers,officials,employees,agents,and representatives may have; em- ployees,)esentsant representatives; special limitations i Rations on the scope of protection affordable to the City and its officers,officials,em- (c) shall be"date of occurrence"and not"clain s nnada"insurance; (d) shall appy separatelyIv to each insured against whom claim is made or suit is brought,except with the respect to the limits of the insurer's Ilabillty; ((e) shall provide that the policy shall not be canceled by the insurer or Developet unless there is a minimum of ninety(90)days prior written notice to the City; s end�presen dorseds: to include a waiver of subrogation rights against the City or its officers,Officials,employees. agent (g) shall otherwise be in a form acceptable to the Office of the City Attorney. ARTICLEA INDEMNITY Developer agrees to and shall Indemnh"ry defend,and hold harmless the City and the City's officers,officials,members, employees,aag9ants,and representatives,from and against any and all claims liabilities,damages,and losses,including without IImRMion reasonable attorneys' fees and IRlgation expenses, including court, courts and expert wanes fees (collectively, "Claims")arising out of City's approval of land use entitlements for Developer's project and this develop- SEP 08 2004 16:00 FR CONSUMER CLASSIFIED 714 796 2294 TO 19494931053 P.08i10 mern agreement;or due tp the death or pBrsonal injury of any person,or physical tlamage to any parsons real or person• m property,caused by construction of Improvements by,or construction-related actio iss of, Developer Cr Developer's em toyees, agents, representathres, servants, invitees. consuhants, contractors, or subcontractors (collectively, Depveloper's Representatives')on the Proparry or for any construction defects in any improvements constNcted by De• vebpar or Developer's Representatives on the subject Property,Provided,however,t ar Devebper shall not be required to indemnify the City for any and all misconduct of the Clly,or the City s officars ,officials,members,employees,egeras, or reP W M.tives,subject to any'rn-tm les which may appry to the GSty with respect to such Claims. The foregoing in- demnificatan Provis.,shall survive the tefmination of thia Agreement. ARTICLE 70.YIsc6LLAN60Us PRovistows 10.1 Entire AgreenteaL This Agreement sets forth and contains the entire understanding and agreement of the Parties with respect to the subject matter set forth herein,and there are no wal or writtenrepresentations,understandings or ancillary covenants,undertakings,or agreements which are not contained or expressly referred to herein. No testimony of evidence of any such representations,understandings or covenants shell be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. 103 Seeerahitt ly. If any word,phfas t,term,provision,clause,covenant or condition of this Agreement shall be de• termined invalid,void or unenforceabla,the Invalid provision shall be deemed to be severable from the,remaining provi- sions contained within the Agreement. The Parties hereby stale and acknowledge they would have adopted each and ev- ery provision contained within this Agreement notwithstanding the presence of an Invalid proviston. 103 1rahtion and 0oeaenin0 Lear. This,?reement andany dispute arising hereunder shall be governed and lnterpreted in accordance with the laws of the State of California This Agreement shell be construed as a whole ac- cording to its fair langcage and common meaning to achieve the objectives and purposes of the Parties and the rule of construction to the effect that ambiguities are to be resolved against the drafting party or in favor of the 8ity shall not be employed in interpreting this Agreement,all Parties having been represented by counsel in the negotiation and prepare- tion hereof. 10A section Headings. All section headings and subheedingsare inserted for convenience only and shall not af. fect any construction or interpretation of this Agreement. 10.5 Waiver. Failure of a Parry to insist upon the strict performance of any of me provisions of this Agreement by the other Parry,or the failure by a Parry to exercise it s rgghts upon the default of the other Party,shall not constitute a waiver of such Parry's right to insist and demand strict compilimce by the other Party with the terms of this Agreement thereafter. 10.6 No Third Party Beaa6daAaa.This Agreements made an entered into for the sole protection and benefit for the Parties and their sucoessom and assigns. No other person she haw any rift of action based upon any provi- slon of this Agreement. Published:Capistrano Valley News,Septennber 16,2004 (Part 4 of 6) 6357639 3-3144 SEP 08 2004 16:00 FR CONSUMER CLASSIFIED 714 796 2294 TO 19931053 P.09i10 ORDINANCE NO.897 -EXHIBIT Z (continued) 10.7 Fare Majeure. Upon the Effbetiw Date of this Agreement,Neither Parry shall be deemed to be in default where failure or delay m performance of any of its obligations under this Agreement is caused by earthquakes,oth- er acts of God, fires, wars, Trots or similar hostilities, strikes and other labor difficulties beyond the party's control (including the Party's employment force),court actions (such as restraining orders or injunctions),or other causes of a similar nature beyond the Party's reasonable control. If any such events shall occur,the term of this Agreement and the time for performance shall be extended for the duration of each such event,provided that the term of this Agreement shall not extended under any circumstances of more than five(5)years. 10.8 Mutual Coveneets.The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the Party benefited thereby of the covenants to be performed hereunder by such benefited Pant. 10.8 LNlgatlon Exillienees. In the event of any action pursuant to section 5.4 between the City and Pueblo Serra seeking enforcement of any of the terms and conditions to this Agreement,the prevailing party In such action shall be awarded,In addition to such relief to which such parry entitled under this Agreement,its reasonable litigation costs and m- penses,including without limitation its expert witness fees and reasonable attorneys'fees. 10.10 CorrarsvH Not to Sue.The Parties to this Agreement, and each of them,agree that this Agreement and each term hereof is legal,valid binding,and enforceable. a Parties to this Agreement,and each of them,hereby cove- nant and agree that each of them will not commence,maintain or prosecute any claim,demand,cause of action,suit,or other proceeding against any other Party to this Agreement,in law or in equity,or based on an allegation,or assert in any such action that this Agreement or any term hereof Is void,invalid,or unenforceable under the Development Agreement legislation. 10.11 project as a Private Undertaking.It is specifically understood and agreed by and between the Parties that the Develoment of the Subject Project is a private development,that neither Party Is acting as the agent of the other in any respect hereunder,and that each Party is an independent contracting entity with respect to the terms,covenants and conditions contained in this Agreement. o partnership,joint venture or other assoclahon of any kind Is formed by this Agreement.The only relationship between the City and Pueblo Serra is that of agovernment entity regulating the De- velopment of private property,on the one hand,and the holder of a legal or equitahre interest in such property and as a current or future holder of fee title to such property,on the other hand. 10.12 Corporate Aulhortt7 The person(s)executing this Agreement on behalf of each of the Parties hereto re re- sent and warrant that f) such Party are duly organized and existing, (ii)they are duty authorized to execute and driver this Agreement on behalf of said Party,(til)by so executing thisAAoqreament such Party is formally bound to the provisions of this Agreement,and(iv)the entering into this Agreement suchYady is formally bound to the provisions of this Agree- ment,and(iv)the entering into this Agreement does not violate any provision of any other agreement to whip%such Party is bound. 10.17 Notices.All notices under this Agreement shall be effective upon personal deliv via facsimile so long as the sender receives confirmation of successful transmission from the sending machine,or three 3 business da s after de. posit in the United States mail,first class,postage fully prepaid and addressed to the respective Parties as set forth below or as to such other address as the Parties may from time t0 time designate in writing: To City City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano,CA 92675 Attn: City Manager Facsimile:(949)488-3874 To Pueblo Serra: Pueblo Serra Worship Holdings 2532 Ouppnt Drive Irvine,CA 92612 Attn: Tinto"Busch Telephone: (949)474-7366 x100 Facsimile:(949)474.7732 Copy to: Rutan 8 Tucker,LLP 611 Anton Boulevard,14th Floor Costa Mesa,CA 82828 Attn:John A.Ramirez,Esq. Facsimile(714)56450.35 And George Mulceire The Busch Firm 2532 Dupont Drive Irvine,CA 92612 Telephone:(t939)474-7368 x205 Facsimile:Will 474-7732 t0,f4NMab8iq of at7 OlFrelsls. No officer,official,member,employee,agent,or representatives of the City shall be liable for any amounts due hereunder,and no judgment or execution thereon entered in any action hereon shall be personally enforced agoinet any such officer,official,member,employee,agent,or representative. 10.1STIme of this Eeseaoo. The Parties expressly acknowledge and that time is of the essence In the perform- ance of the provisions of this Agreement. 10.16 Enoeoelon Date, The Execution Date of this Agreement is that date on which all parties have executed this Agreement 10.17 EMoethm Dato/Condltfon Subsequent, This Agreement shall not go into effect unfit the earlier of the oc. curring of the following:(a)80 days following the lapsing of any end ell statutes of limitation applicable to any Iegai chal- lenge to any of the protect approvals,mcluding Architectural Permit 'I'S this Aggreement.and to any and all erwironmental impact reports prepared m connec8on wet the protect approvals, or (b� 60 days following the entry of a final, non- flppealablejudgment in any action challenging any of the project approve s,Including Architectural Permit_,this Agree- ment". antl any and all arrvisonmantal impact reports preeppared rep wRh the prgect approvals. 8 taigation resuhs in the fMet dation of am/M the project approvals,including Architectural Permit^,this Agreement,or any and all environ- mental impart reports prepared in connectgn with the project,this Agreement shall be void antl shall ba of no further force and effect. 10.18 Survival IClausa. Notvithstandin®Section 1.3 of this Agreement Sections 2.2(b),3.2,3.3,3.4,4.1,4.2,4.3, 4.4,5.1,5.2,5.3,5.4,7.1,alai 7.2 shall survive the termination of this Agreement after 20 years pursuant to Section 1.3. IN WITNESS WHEREOF,the Parties hereto have executed this Agreement on the day and year first set forth above. SEP 08 2004 16:01 FR CONSUMER CLASSIFIED 714 796 2294 TO 19494931053 P. 10i10 ( Q O n Y 12- City:CIT/OF SAN JUAN CAPISTRANO Byy Mayoy City of SanJuan apisirano ATTEST: By ag on an City Clark APPROVED AS TO FORM: JofiBy n Shaw,CtyAtlorW PUEBLO SERRA WORSHIP HOLDINGS, a California non-profft religious corporation Printed ame: imot�yy Its:Chief Fxecuewe(7lficer STATE OF CALIFORNIA - 3 COUNT(OF )SS. On ,before me, .a Notary Public,personally appeared -'nown to me s/arree subscna nbetl to the vMhin instrument and acknow l ro o me on the b 110 methat he/sheAhaeyce to be the executed thesame �herRheir whose au- Morized capacity ies),and that by Ns/her/thelr signature s)'on the Instrument the persons)or the entity upon behalf of which the persons)acted,"muted the Instrument. r Witness my hand and official seal. SIGNATURE OF R blished:Capistrano Valley News,September 18,2004 (Part5 of S) 8357871 3-314e ** TOTAL PAGE.10 ** SEP 08 2004 16: 13 FR CONSUMER CLf)SSIFIED 714 796 2294 TO 19931053 P.01i02 ( l C) (� ORDINANCE NO.897(rmrtlnued) Frdribit A: TRAFFIC MITIGATION RgWkR MENTS A. Mfti"UM Measures I.Carnira Caplstraee i Judpsro Sara Road.At this location, Developer shall construct intersection im- provements consisting of:an additional northbound through lane this shall consist of an additional northbound lane from as intersection with Junippero Serra Road,northerly to a distance of approximately 160 feet,to provide a new entry only,no exit,tlriveway[o align with existing drive sidle in the Sycamore Commons parking lot-the design to be subject to the act proval of the City Engineer);a northbound right-turn lane;an additional westbound lett-turn lane:and a westbound right• turn lane. Developer shall also construct appropriate end necessary traffic signal modifications to conform to the in[arsec- tion improvements required under this section. Developer shall complete the above stated work incomplete accordance with the pplans and speciff ons for the work prior to sNdent enrollment reaching 501 students. A. 13 Noritaauad Ramps t Juni o Safra Road:At this location,Developer shall construct intersection improvements consisting of: an atlditonal lett-turn lane for the northbound off-ramp in a manner required and approved by Cel-Trans;widen Jim, Serra Road to five lanes between the 1-5 Northbound and Southbound ramps. Developer shall also construct appropriate and necessary traffic signal modiflcatwns to conform to the improvements required under this section. Developer shell complete the above stated work in complete accordance with the plans and specifications fen the wank prior to student enrollment reaching 1501 students. Developer's obligation td construct(hese improvements shaft be subject to a fak share teimbursemant agreement with Developer,with a fair share responsibgity being limited to 31%of the total cost of the improvements. The remaining cost of the improvements shall be reimbursed to Developer pur- suant to the teens of the reimbursement agreement, unless pprior to the completion o1 the improvements required under this section,this improvement shall be added to the City's CCFP Program. tt this improvement is added to the City's CCFP Program,not more than 69%of the cost O completion of these improvements incurred by Developer shall be credit- ed against Developer's total allocation of CCFP fees rsquaed so that the total amount of CCFP fees required to be paid by Developer are reduced on a dollar-for-dollar basis In an amount equal to the total cost of completion of these of these Improvements. 3. Camino 1t:apMrano A ON O Street Payment of CCFP tees, or satisfaction of Developer's CCFP fes obligation,es provided in this Exhihit A,sit I be deemed to be null mitigation for and uetio theon of Developer's naliya- ifons for any improvements to this intersection that have been identified as necessary dueru the roughly proportional Im- pacts imposed on this intarsoction by the prol'ect Developer shall not io required to construct theca improvements. 4. .IUNpNo Sarre Road i Pro186t DelvauraT At this location,Developer shall hall be dt signedctioa Improves mems consisting oY. a daHb signal,soda westbound lett-turn lane. Fs ineeringg plans shall be designed to accommo- date an eastbound left tum lane. Oevebder shah complete the above stated vrork io complete accondanca with the plans and spedficetbns for the work prior to student enrollment reaching 501 students. 0. Casino Capbtrano A Oso Road/Projset DHverayr At this location, Developer Shall construct Intersec- tion improvements consisting of: improving lite intersection d Camino Capistrano and Oso Rom/Project dmeway by complettng conshucdon of a traffic sgnal,widening Oso Road to two through lanes eastbound and westbound and an eastbound lett tum lane and a westbound lett turn lane,along with the associated railroad crossing modifications and pre- emption,grading and landscaping. City shall reimburse Developer for 10096 of the costs and expenses incurred by Devel- oper n designing end constructing such improvements. Reimbursement of Developer's costs anexpenses shall be Paid by City to Developer upon completion of the improvements after City'a review of reasonable and customary docu• mentatwn of such costs antl expense9 as set torth In the reimbursementagreement to be entered into between DevoidppeeI and Gly. Developer shall complete the above'fated work In complete accordance with plans and specifications for Ne work prior to student enrollment reaching 671 students. City will use its best efforts to assist Developer in connection with any rallroatl crossing intprovaments,Includin®negotiating and/or documenting any necessary agreements with the South. ern CalnOrn1,Regional Rail Authority(°SCRRl1"). 6. Junlpera Sorra Road Irani Camino Capistrano,clang Praiser l ro rlI At this location,Developer shall widen Junipero Serra from Camino Ca ioreno across the project homage to a four4ane divided roadway with a tap. er to the existing roadway at the Uitremar Station,which shag be approved by the City Engineer. Dedication of rightof. way required for this improvement,as shown on the sppfoved vnpmvemeni plans,i5 required at n0 cost t0 the City poor tc completion and acceptance of these improvements. Developer shall complete the above stated work in complete w. cordance with the plans and speciflcations for the work prior to student enrollment reaching 501 students. T. Carmine CapiNaw troy Jerdpars SNra Read to Oso Road)Projeot DArersra r Al this location, Developer shall Widen Camino Capistrano to a four-lane divided roadway. The improvements shall include a five(5)foot Gass Ton road bike lana on each side of the roadway,including all appurtenant Improvements associated with grading and landxeping. Dedication of all repaired rfght•ofway to complete such improvements to the Coy,as shown on the ap- proved improvement plans,is required al no cost to the City,prior to completion and acceptance of these improvements. Developer shall complete the above stated work In complere accordance with the plans and specifications for the work on- or to student enrollment reaching 501 students. & CCFP Fwd Developer shall pa the statutorgyrequired CCFP fee as a private school as follows: Developer shall pay the requiege(xFP private sclxrol(ee for not less than 500 students concurrent with the issuance Of the first building permit for the South Campus facilities. Subsequent CCFP fees shall be paid in 100-student increments in ad- vence of student enrollment reaching saxl thresholds. For example,once enrollment reaches 600 students,CCFP fees tar 700 students shall he paid within 60 days of emdllment reachirre 600 students. Thele shall be no refund of CCFP if en- rollment drops. Notwithstanding the above,any CCFP fees ppad In connection with the development of rho North Cam- pus(Sycamore Commons)shall be used as a credit against JSerra's CCFP private school tees. Further,noiwahsiending the loregoxlg or anything to the contrary contained herein,the fee value ccets intoned by Developer in completklg the im- provements specified in Table 1 attached hereto and incorporated herein shall be credged against[he CCFP fees due un- der this Section 6,so that the total amount of CCFP fees regained to be paid by Developer are reduced on a tlollar-per. dollar basis in an amount equal to The costs to complete the mprwamems specified on Table 1. In addition,completion of the improvements specified in Is 1 by Developer Shall be deemed an accelerated pa tit of the CCFP private school fees set forth above to the extent that such improvement costs exceed ins CCFP fees that would then be payable by Developer based on student enrollment. For example,lf the costs payable by Developer to complete the Improve- ments specified in Table 1 exceed the total CCFP fees that would ba owed upon student enrollment reaching 2,000 stu- dents, no additional CCFP shall be due or payable from Developer thereafter upon completion of such improvements even though the actual student enrollment at the time of completion of such improvements may be less than 2,000 stu- dents. Further, provided Developer has ppoosted the bond required under Section B hereinbelow, no CCFP fees will be due by Developer upon issuance of a buI rated and Developer may satisfy the CCFP obligations by completion of [he improvements specified hereinabove. Prior to Developer Commencing construction of any mitgaWn measures,Devel- oper end CM`Hill enter Imo a reimbursement agreement to provitle Nr CCFP reimbursement payments and fair share re- imbursement paymasts to Developer,which shall lie 118yable k1 equal annual installments over a 15 year period. B, srwtg Boetl pequirwn.nts. 1.Developer shall ppoosst a Faithful Performance Bond with the City in the total amount of$2.4 mglon(i.e.',2.4 I tion as the estimded cost of haHic mgldation improvements)to guarantee performance of the construction of traffic ,rated,measures required under this Development Apreernen[. When cons[roMion of specgied mftigation measure is completed, the amount o1 the Faithfupl Performance Bond smhpell De redixxrd,on a dollar by dollar basis, by the tMal amount of the costs i2.The S uyel�Bonotl company she I hppev e Beat�lyna1O^teleyasmp 8vement. A.The bond shalN ba roosted wiihm 80 days o(tha ENxt'we Date o1 the DavetopmeM Agreemerrt as spacifiad in sec tion 10.17 of theDevelopment Agreement.Sublact to reduction in the amount of tfTe bond as provided above,the bond shall nam ain in full force and effect until alt of the above stated obligations are fulfilled. Ordlnanu No.887 was adopted by the following vote: AYES: Council Members: Alloved.Swerdln,Hart,and Mayor Soto NOES: Council Members: Bathgate ABSENT: Council Members: None A certified copy of the complete text of the Ordinance is posted and may be read in the City Clerk's Department.32400 SEP 08 2004 16:14 FR CONSUMER CLASSIFIED 714 796 2294 TO 19494931053 P.02/02 Paaeo Adelanto,San Juan Capistrano,and/or a copy mey be obtained from that office at a nominal charge. Dated: September8,2004 /s/Margaret R.Monahan,City Clark Published:Capistrano Valley News,September 18,2004 (Part 6 or e) 6357946 3314f 3-31 3 —C�eK�c1Ak-0 Slo0liwcIL. �ZBS.(o0 140S � liree�r �2g5. foo Ar- 4 40= 56CJ lues 1�> TZS.c60 x t•�_ 5t,� t�Y.ea2�S• 1o0 �x liweas ** TOTAL PAGE.02 ** AFFIDAVIT OF PUBLICATION PROOF OF PUBLICATION STATE OF CALIFORNIA, ) RECEIVED ) ss. County of Orange ) 1004 AUG 20 P 3. 11 I am a citizen of the United States and a resident C! 1 ; of the County aforesaid;I am over the age of SAN JUAN CAi'ISIRP,NO eighteen years,and not a party to or interested Proof of Publication of in the above entitled matter.I am the principal clerk of the Capistrano Valley News, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange,State of California,on June 7, 1984, Case No.A-122949 P{I�IICA1tlN0 in and for the City of San Juan Capistrano, anrerw+twlaanntrw«n on as stw « County of Orange,State of California;that the A"'Wa�r +i.M� y. (;pyJIM iam«.ea+.�t mar vAr swim notice,of which the annexed is a true printed noWeidntpm" t0jowna _ copy,has been published in each regular and aaea[ entire issue of said newspaper and not in any The p+atlardumia�tom?sew:kW)Ir � i«frect«•DsrN- supplement thereof on the following dates,to �*�'#rygyp�y«tp Wlt: W.JumS,�YYp4'MPYM11BRfrlw�enF t« dw gEt«t rg 4gi1YDyl w; i non �l. Aug. 19,2004 Sd„y Puso IlaMrew- T `"° � SOLO ° MW .,a twew ea.r: "I certify(or declare)under the penalty of r 'dv "=. a(J� perjury under the laws of the State of California b1ftlp�'"dionrm M Ike YAM dww Iwoo „ o that the foregoing is true and correct": dw .w. wawa. GWWW fir. lt�M- Executed at Santa Ana,Orange County, yy, yk..IM;sip-PW California,onnsa r�p 4A - rosem,ap. pwM ThM NMI* b«WMaa law b` wrh too Date: August 19,2004 vN1�n !s mawwt+ so:aaDt� b ,ny rwM. «F H «wnaomA Piw Yrawm. �yq h RYA a,P wawwi aan- pp�EwipdilMrMCW'wftrbtlrmMnO• Signature F«*NOW taODYAYenwwz a«om w clq�-MMF+a d OU Capistrano Vatley News ego 625 N.Grand Ave. Santa Ana CA 92701 (714)796-7000 ext.2209 NOTICE OF TRANSMITTAL CAPISTRANO VALLEY NEWS Legal Publications CHARGE TO ACCOUNT NO. 0041125000 FOR PUBLICATION ON: Thursday, August 19, 2004 DOCUMENT TO BE PUBLISHED: NOTICE OF PUBLIC HEARING — JSerra High School PROOF OF PUBLICATION Please send to: City Clerk's Division, City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (9 ) 4�171 AUTHORIZED BY: Gr DATE: August 11, 20 Date of Public Hearing - 08/31/04 Date notice published - 08/19/04 Date affidavit received - g 7,C) GCA Date notice posted in designated posting places (3) - 08/19/04 Date notice posted on property - N/A Date of mailing notice to interested parties - 08/19/04 Date notice transmitted to City Manager's Office - 08/11/04 NOICE OF • PUBLIC HEARING m M1776 1961961 ' 1776 CITY OF SAN JUAN CAPISTRANO NOTICE IS HEREBY GIVEN, that on the 31st day of August, 2004, at 7:00 P.M. in the City Council Chamber, 32400 Paseo Adelanto, San Juan Capistrano, California, the City Council and Community Redevelopment Agency will hold a joint public hearing on the following: JSerra High School South Campus Final Environmental Impact Report, Development Agreement and Appeal of Architectural Control (AC) 02-07 The project applicant(Pueblo Serra, Inc.) has submitted a land use entitlement application consisting of an Architectural Control application (AC 02-07) and a request for a Development Agreement for the development of approximately 29.2 acres of vacant land located on the southeast corner of Junipero Serra Road and Camino Capistrano in the City of San Juan Capistrano. The Final EIR has been prepared for the project and is available for public review on the City web site (www.sanivancapistrano.org). All plans and the EIR are available for public review at the Planning Department, 32400 Paseo Adelanto. The JSerra High School South Campus proposal involves development of the following recreational amenities and related facilities: performing arts complex; gymnasium; aquatic center; baseball, soccer and softball fields; volleyball, basketball,and tennis courts; football/track field; parking; a historical depiction honoring the local Native American culture; and a pedestrian footbridge and plaza linking the South Campus with the North Campus located on the northeast corner of Junipero Serra Road and Camino Capistrano (existing facilities, including the high school classrooms and administration offices). Off-site improvements include roadway and pedestrian, drainage and utility improvements. The property is General Plan-designated "P&I"(Public Institutional). The Zoning designation for the site is also "P&I" (Public Institutional). The Planning Commission action on the AC application has been appealed to the City Council. Those desiring to be heard in favor of, or opposition to, this item will be given an opportunity to do so during such hearing. Written information pertaining to this item must be submitted to the City Clerk by 5:00 p.m., on Monday, August 30, 2004 at 32400 Paseo Adelanto, San Juan Capistrano, CA 92675. Individuals desiring to submit late written information at the meeting must orally request such action. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at or prior to the meeting. For further information you may contact the City's consulting project manager, William Cunningham at (949) 443-6300. M RET R. MONAHAN, CITY CLERK FOR OFFICE USE ONLY: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) AND PUBLICATION I, MARGARET R. MONAHAN, declare that I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; that on August 19, 2004, 1 caused the above Notice to be posted in three (3) public places in the City of San Juan Capistrano, to wit: City Hall; Community Center Reception Area; Orange County Public Library AND, that on August 19, 2004, the above Notice was published in the Capistrano Valley News newspaper. I declare under penalty of perjury that the foregoing is true and correct. G u MA GA T R. MON HAN, CI CLERK City of San Juan Ca . trano, California PUBLIC HEARING NO* • ® ! City of San Juan Capistrano Dear Resident/Property Owner: NOTICE IS HEREBY GIVEN, that on the 31st day of August,2004, at 7:00 P.M. in the City Council Chamber, 32400 Paseo Adelanto, San Juan Capistrano, California, the City Council will hold a public hearing on the following: JSerra High School South Campus Final Environmental Impact Report, Development Agreement and Appeal of Architectural Control (AC)02-07 The project applicant(Pueblo Serra, Inc.)has submitted a land use entitlement application consisting of an Architectural Control application(AC 02-07) and a request for a Development Agreement for the development of approximately 29.2 acres of vacant land located on the southeast corner of Junipero Serra Road and Camino Capistrano in the City of San Juan Capistrano. The Final EIR has been prepared for the project and is available for public review on the City web site (www.sanivancaoistrano.org). All plans and the EIR are available for public review at the Planning Department, 32400 Paseo Adelanto. The JSerra High School South Campus proposal involves development of the following recreational amenities and related facilities: performing arts complex;gymnasium;aquatic center;baseball, soccer and softball fields;volleyball, basketball, and tennis courts; football/track field; parking; a historical depiction honoring the local Native American culture; and a pedestrian footbridge and plaza linking the South Campus with the North Campus located on the northeast corner of Junipero Serra Road and Camino Capistrano (existing facilities, including the high school classrooms and administration offices). Off-site improvements include roadway and pedestrian, drainage and utility improvements. The property is General Plan-designated"P&I"(Public Institutional). The Zoning designation for the site is also"P&I"(Public Institutional). The Planning Commission action on the Architectural Control has been appealed to the City Council. Those desiring to be heard in favor of, or opposition to, this item will be given an opportunity to do so during such hearing. Written information pertaining to this item must be submitted to the City Clerk by 5:00 p.m., on Monday, August 30, 2004 at 32400 Paseo Adelanto, San Juan Capistrano, CA 92675. Individuals desiring to submit late written information at the meeting must orally request such action. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at or prior to the meeting. For further information, you may contact the City's consulting project manager,William Cunningham at(949)443-6300. /s/Margaret R. Monahan City Clerk PUBLIC HEARING NOTICE City of San Juan Capistrano Dear Resident/Property Owner: NOTICE IS HEREBY GIVEN,that on the 31st day of August,2004,at 7:00 P.M.in the City Council Chamber,32400 Paseo Adelanto,San Juan Capistrano, California,the City Council will hold a public hearing on the following: JSerra High School South Campus Final Environmental Impact Report, Development Agreement and Appeal of Architectural Control (AC)02-07 The project applicant(Pueblo Serra, Inc.)has submitted a land use entitlement application consisting of an Architectural Control application (AC 02-07) and a request for a Development Agreement for the development of approximately 29.2 acres of vacant land located on the southeast corner of Junipero Serra Road and Camino Capistrano in the City of San Juan Capistrano, The Final EIR has been prepared for the project and is available for public review on the City web site (www.sanivancaoistrano.org). All plans and the EIR are available for public review at the Planning Department, 32400 Paseo Adelanto. The JSerra High School South Campus proposal involves development of the following recreational amenities and related facilities: performing arts complex;gymnasium;aquatic center; baseball,soccer and softball fields;volleyball, basketball, and tennis courts; football/track field; parking; a historical depiction honoring the local Native American culture; and a pedestrian footbridge and plaza linking the South Campus with the North Campus located on the northeast comer of Junipero Serra Road and Camino Capistrano (existing facilities, including the high school classrooms and administration offices). Off-site improvements include roadway and pedestrian, drainage and utility improvements. The property is General Plan-designated"P&I"(Public Institutional). The Zoning designation for the site is also"P&I"(Public Institutional). The Planning Commission action on the Architectural Control has been appealed to the City Council. Those desiring to be heard in favor of, or opposition to, this item will be given an opportunity to do so during such hearing. Written information pertaining to this item must be submitted to the City Clerk by 5:00 p.m., on Monday, August 30, 2004 at 32400 Paseo Adelanto, San Juan Capistrano, CA 92675. Individuals desiring to submit late written information at the meeting must orally request such action. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at or prior to the meeting. For further information, you may contact the City's consulting project manager,William Cunningham at(949)443-6300. /s/Margaret R. Monahan City Clerk Jam Free Printing www.avery.com Use Avery®TEMPLATE 5960TM • 1-800-GO-AVERY • AVERY®5960m J Serra High School Project SANDIE WEAVER SUSAN KELLY Proj. Mgr. A. Wolfe 28672 PASEO BAHIA 32302 ALIPAZ ST.#85 current -6-22-04 Avery 5160 SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO //mwCC July 26, 2004 CA. 92675 CA. 92675 STEVE & LAURA GUIDAS MIKE REBBING DOROTHY MOBLEY 31271 VIA SONORA, 27592 P SES S"STILE 32742 ALIPAZ ST. #103 SAN.JUAN.CAPISTRANO GAN dUAN GAPISTRANG, SAN JUAN CAPISTRANO CA. 92675 EA 92675 CA 92675 J&F & MARY SEWELL DONNA& SOUHAIL TOUBIA KIM$HRLY A. 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SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO SAN JUAN CAP.CA 92675 CA 92675 CA 92675 CC(� AX3AV-09-008-L mog6531V1dmiwhawesn wi0965 ®AU AV C 0 a UP3 wordiane•mmm 6u1.4uud awl wer Jam Free Printing www.avery.com Use Avery®TEMPLATE 5960w . 1-800-GO-AVERY * Q AIRY®5960TM LEO GOURDIW KATHLEEN DUBIS WENDY BROFFMAN 26436 PASEO CARMEL 26525 CALLE LORENZO 30717 CALLE CHUECA SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO CA 92675 CA 92675 CA 92675 JUAN & MARIA MARTEZ VERONICA TYLER MANELLA 266675 PASEO ROSANTO 30082 CALLE ROSALIA 30936 PASEO AZALEA SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO CA 92675 CA 92675 CA 92675 JOSE R. 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SCOTT SPINSTO CAMY DAVID WILLIAMS DocumentslmyRleslWPDocumentslMaiii 26517 CALLE LORENZO nggserrascope2.wpd SAN JUAN CAPO.CA.92675 w.o96s ®A213/r,M AWAY-O9-008-1 mog6s uv dwu�+sAv esn wortiane nmmm r 6uPulJd aarj wefi,i Jam Free Printing www.averycom Use Avery®TEMPLATE5960TM �� 1-800-GO-AVERY • a AIRY®5960TH JAMES BOYD G. KRONE jAGELLE 26509 CALLE LORENZO 26511 CALLE LORENZO FE:'*�-R DES SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO GALLE=' _ CA 92675 CA 92675 REWERTE) GASTRO ' R^r�vNIGE) rc GABRIDA S.F. -LE)S ROOS 1:98 RIOS 26426 LOS RIOS SAN JUAN CAPISTANO 6A-92676 OA=75 CA 92675 SAMALIEL L.S. HERIBERTO CANO GES 26426 LOS RIOS 26585 LA ZANJA SAN GABRIEL SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO CA 92675 CA 92675OA : ROBERT$E MAXVIN MARRQUIN EPEE 263*+ —7 GAN LUIS 31001 CALLE SAN DIEGO LOS RIE)S SAN JUAN CAPISTRANO GA 92675 CA 92675 GA 926,75 MAXIMO VALLMIL JUAN CARLOS PEREZ J. 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WEATHER HOLT AMY REID BAWB 6@ZALE 31625 VIA MADONNA 31502 LA MATANZA 321102 I=A MATAN-201 SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO CA 92675 CA 92675 GA 92675 ROBERTO JANDETE GEORGE ARMANDO LOPEZ PARVIZ KAZEMI 26672 PASEO TECATE 30691 CALLE CHVECA 30675 CALLE CHUECA SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO CA 92675 CA 92675 CA 92675 KAREN PLUMRIDGE MARIA RAMOS 30665 CALLE CHUECA 3056 GALLE GI lUEe 30642 CALLE CHUECA SAN JUAN CAPISTRANO SAN dUAN GAPI&TRANO SAN JUAN CAPISTRANO CA 92675 GA 92675 CA 92675 JOSE CARRIO GRISELDA MENDOSA JAXIER GUERRERO 30616 CALLE CHUECA 30622 CALLE CHUECA 30634 CALLE CHUECA SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO CA 92675 CA 92675 CA 92675 ELENA HINSEY IGNACIO LOPEZ BILL ENNIS 30731 CALLE RESPLENDOR 30751 PASEO EL ARCO 30782 PASEO EL ARCO SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO CA 92675 CA 92675 CA 92675 M. GUTIERREZ SCOTT GENDREAN FRANCISCA A.J. 30802 PASEO EL LARGO 26622 PASEO DORANGO 26611 PASEO DORANGO SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO, CA 92675 CA 92675 CA 92675 PABLO G.G. 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AEROPUERTO#128 27972 PASEO DEL NORTE SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO CA 92675 CA 92675 CA 92675 JOHN DONOHUE JACQUE NUNEZ ART GUEVAUE 26000 AVE AEROPUERTO#51 31392 LA MATANZA ST. 31277 CALLE SAN JUAN SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO CA 92675 CA 92675 CA 92675 KATHY ESSER KATHLEEN SANDOVAL BILL ESSER 31071 VIA CRISTAL 31306 DON JUAN 31071 VIA CRISTAL SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO CA 92675 CA 92675 CA 92675 TRAVIS ODEN HELEN NORMAN JAMES LIDBLAD 27972 PASEO DEL NORTE 26000 AVE. AEROPUERTO#227 26372 LAURLWOOD SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO CA 92675 CA 92675 CA 92675 HUEBSCH TOM & CHRISTINE GIAMBONE PATRICIA SANCHEZ 30231 SILVER SPUR ROAD 25572 CHARRO DR. 30783 CALLE CHUECA SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO CA 92675 CA 92675 CA 92675 VINCENT RUELAS FELICITAS RUELAS EMMANUEL RUELAS 30785 CALLE CHUECA 30785 CALLE CHUECA 30785 CALLE CHUECA SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO CA 92675 CA 92675 CA 92675 JEFFREY& SUSAN DUGAN MARLENE A. 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BROWN 31421 LA MATANZA 31481 LA MATANZA 31481 LA MATANZA SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO CA 92675 CA 92675 CA 92675 �.o96s®J1213/�f/ ARAW-09.068-L mftiis uvwn3i oA+aev asp wm•Nene MMM 6u4uud Owd we{„ Jam Free Printingwww.averycom ❑ Ate ®5960TM Use Avery®TEMPLATE 596OTM • 1-800-GO-AVERY • SALLY SPROULL LINDA TATE MARLENE &ANGELA DRAPER 32302 ALIPAZ #156 26196 MAPLEWOOD CT. 31141 VIA CRISTAL SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO CA 92675 CA 92675 CA 92675 GAITLIN HAMMER D. BOGDONOVIC K.C. KINNINGS 31831 VIA FLORES 33881 AVENUE CALITA 26106 PASEO MARBELLA SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO CA 92675 CA 92675 CA 92675 JANN NOYES CHRISTI MITCHELL-HARDY VIRGINIA CHAVEZ 32742 ALIPAZ ST. #41 33871 CALLE DE BONANZA 32425 SPYGLASS CT. SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO CA 92675 CA 92675 CA 92675 GINA MILIA SUSAN DUMONT LINDA HALL 26561 ROYALE DRIVE 27642 MORNINGSTAR LANE 27565 BROOKSIDE LN. SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO CA 92675 CA 92675 CA 92675 LOUIS & BRYNN LAVISON JOHN TATTAM CAROL TUCH 29602 ORLINDA ROAD 30743 CALLE CHUECA 31812 PASEO LA BRANZA SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO CA 92675 CA 92675 CA 92675 BUD & SARAH EAST SONJA MONTERO DONNA& BONNIE FOLEY 30951 CALLE SAN FELIPE 29616 FAIRGLEN CT. 33781 CALLE CONEJO SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO CA 92675 CA 92675 CA 92675 PAT HURLBUT MARY KELLY TERRY& SHARON HOLDT 30641 FOX RUN LANE 28701 PASEO BAHIA 30792 HUNT CLUB DRIVE SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO CA 92675 CA 92675 CA 92675 OFELIA&JOSEPH LOPEZ OWEN & KATHY BEVAN STEVE BEHMERWOHLD 31796 VIA BELARDES 26841 WINDSOR DRIVE 33122 SANDPIPER CT. SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO CA 92675 CA 92675 CA 92675 GILBERT SALAZAR#209 LOIS GINOBBI HEATHER BROOKS 26000 AVE. AEROPUERTO 26000 AVE. AEROPUERTO#27 28002 CALLE SANTA YNEZ SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO CA 92675 CA 92675 CA 92675 DANNY FULLER JOAN SALAZAR MARGARET STEWART 27972 PASEO DEL NORTE 26000 AVE AEROPUERTO 26000 AVE. AEROPUERTO#163 SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO CA 92675 CA 92675 CA 92675 AV3A"9.0WL mO96S 31V7dW31 oA+aAtl asn wi096S ®AH3AV ® w03NeAe'mmm 6Ui3UIJde9Jd we(�,y Jam Free Printing fi www.averycom Use Avery®TEMPLATE 596V- • 1-800-GO-AVERY • AVERY®5960T,, -CHAS. PARRIS B7,BL66M WILLIAM CARAS 26000 AVE. AEROPUERTO 32221 ALIPAZ#222 #127 #++3 SAN JUAN CAPISTRANO SAN JUAN CAPD. CA. 92675 CA 92675 SHANNON MACKENZIE GAIL FAYAD EDWARD HAMPTON 30091 SADDLERIDGE DR 31497 PASEO ROBO 31375 EL HORNO ST. SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO CA 92675 CA 92675 CA 92675 KIM & MIKE SEUR JAMES & MELODY BOYD JOY PATTERSON 31482 LA MATANZA 28091 CALLE SAN REMO 26021 AV. CABRILLO SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO CA 92675 CA 92675 CA 92675 LAURA SIMONIAN ELLEN DAY GAY FOSTER 32302 ALIPAZ#75 22071-C CALLE CABALLERO 31281 PASEO SERENO SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO CA 92675 CA 92675 CA 92675 GERMAINE SCHUSTER ED & LINDA COOKE STEVE TUCKER 26000 AVENIDA AEROPUERTO 31192 CASA GRANDE DR. 28028 PASEO ALBA #78 SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO SAN JUAN CAPO.CA. 92675 CA 92675 CA 92675 GEORGE & LOLA BROWN MARYANN TUCKER ROBERT & JOANNE LACOSS 32742 ALIPAZ ST. #37 28028 PASEO ALBA 31271 PASEO SERENO SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO CA 92675 CA 92675 CA 92675 MICHAWL BRANTLEY HOLLY & GERRY PETRONE PAULA JEAN STEINBORN 26131 VIA MONTEREY 31262 PASEO OLIVAS 26422 PASEO CARMEL SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO CA 92675 CA 92675 CA 92675 RONDA MULLIGAN MEGAN BESMIRCHED MARIA RICHARDS 25652 PASEO DE LA PAZ 26441 BROOKFIELD ROAD 27898 VIA DE COSTA SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO CA 92675 CA 92675 CA 92675 BEREK-MARGARET MEGAN CAROLYN STOCKTON BARBARA SEMENJEI I FIBBERT 32302 ALIPAZ ST. #244 32641 ALTO PINE LANE 82302 ALIPAZ# 13 SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO CA 92675 CA 92675 LOIS MADSON TOM MC CANDLESS SALLY SPROULL 29745 MILLPOND CT. 32425 SPYGLASS CT 32302 ALIPAZ#156 SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO CA 92675 CA 92675 CA wa096s ®A213/�\/ AN3AV-09.008-L w10965 31V1dW31 oMAv asn wortiane•mmm 6upuud awJ wer r Jam Free Printing www.avery.com Use Avery®TEMPLATE 5960*"' • 1-800-GO-AVERY . ❑ AVERY®5960TM MR. MRS—C. TANAKA GILO VARRUBIAS ERIN S. ACEVES 27381 SILVER CREEK DRIVE 26801 PASEO ATENDA 31501 GANADO ROAD SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO CA 92675 CA 92675 CA 92675 TED &ALICA WHYNAUGHT "",vacvLT-Ei vRE MARGARET REARDON 27942 CAMINO SANTO 31282 PASEO OLIVOS DOMINGO SAN JUAN CAPISTRANO, SAN JUAN CAPO.CA. 92675 GA 926755 CA 92675 J. DAVIS PATRICIA JULIEN PATRICIA OROZCO 30951 VIA BRAVO 30791 CALLE CHUECA 30821 PASEO EL ARCO SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO CA 92675 CA 92675 CA 92675 61 IRISTINA R. T-IET-Z BRUCE & FRANCINE HARRIS KEN & SANDRA WOMLDE 81879 BEI OBISPO STREET 33722 AVE. CALITA 26111 PASEO MARBELLA SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO ^-."�6:75 CA 92675 CA 92675 MICHAEL SULLIVAN CATHERINE BRANG. DALE RUDEN 28022 CALLE SAN RENO 31815 VIA BELARDES 32081 VIA DE AGUILA SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO CA 92675 CA 92675 CA 92675 SARAN ESTES RUTHE WHITACRE KAREN BLANCO 31641 RANCHO VIEJO RD 27871 VIA DE COSTA 30401 MARBELLA VISTA SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO CA 92675 CA 92675 CA 92675 MICHAEL GASTELUM PATRICIA GALLAGHER TRACIE & RICH LA MEE 31411 LA CALERA 26410 PS DEL MAR 25726 PASEO COLONIAC SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO CA 92675 CA 92675 CA 92675 MRS. LOUIS BAKER WILLIAM FLOYD FREDDIE MARTINEZ 27671 PASO VIOLET 30775 CALLE CHUECA 33865 CALLE ACORDARSE SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO CA 92675 CA 92675 CA 92675 MARLU SCDAUM REYNA EUHENBERG JUAN ORTEGA 31351 EL CAMINO REAL 926 TREASURE VIEW LN. 32252 PASEO CAROLINA SAN JUAN CAPISTRANO ENCINITAS, CA 92024 SAN JUAN CAPISTRANO CA 92675 CA 92675 TOM & CHRISTINE GIAMBONE S AGEAU KRISTIN STICH 25572 CHARRO DR. 25582 SPINNAKER DR. 33025 DRIFTWOOD CT. SAN JUAN CAPISTRANO SAN dUAN GAPISTRANe SAN JUAN CAPISTANO CA 92675 O"ci c 926:75 CA 92675 ruo96s®AZ13A1d A)HAV-09,0ML �l v,o96s vww3i�+aAd asp wortiane•mmm 6uiluud 8wJ wey u Jam Free Printi www.avery.com Use Avery®TEMPLATE5960TM • 1-800-GO- ERY • AVERY®5960TH William McKie Jamie Snyder Monica4?ewland 26672 Calle Lorenzo 26662 Calle Lorenzo 26642 Calle Lorenzo San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Sonia Eatmon Joyce Stoneking Phil Stoneking 30932 Paseo Mar Awl 26527 Calle Lorenzo 26527 Calle Lorenzo San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Barbara Bruce Rev. Norman Supancheck 559 Hamilton St. Didacus Parish Costa Mesa, CA 92627 14339 Astoria St. Sylmar, CA 91342 mO965®AkISAr/ JU13AV-O9.008-L .u0965 31tl1dW31 WOUaAV esO woxtiane-Awm 6upupd awj wer , Jam Free Printing www.averycom Use Avery®TEMPLATE 5960TM 1-800-GO-AVERY AVERY® 5960rM M. Benincasa Elvira Villalobos— Ignacio Arroyo 30686 Calle Chueca 30648 Calle Chueca 30724 Calle Resplendor San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Sharon Barnett Rudy Gengelbach Miriam Sabay 26661 Paseo Ensenada 26662 paseo Tecate 26672 Paseo Tecate San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Luis Sabay Domingo Vasquez Nicolas Vasquez 26672 Paseo Tecate 26701 Paseo Loreto 26701 Paseo Loreto San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Pedro Romirez Rosa Sales John T. Skipper 26711 Paseo Loreto 26711 Paseo Loreto 26656 Calle Lorenzo San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Louis Chappelear Frank Bishop Ruth Bishop 30881 Paseo EI Marmal 30872 Paseo EI Marmal 30872 Paseo EI Marmal San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Pedro Hernande Juana Hernande Isabel Lopez 30862 Paseo EI Marmal 30862 Paseo EI Marmal 30381 Pasel EI Marmal San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Elizabeth Delegan Maria Delegan Larry Wohlferth 30813 Calle Chueca 30815 Calle Chueca 30813 Calle Chueca San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Ricardo Leonardo Sixto Mona ResidenttProperty Owner 30726 Calle Resplendor 30752 Calle Resplendor 26692 Paseo Rosarito San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Kelly Gross Judy Witte Doyle Fowler 26672 Paseo Rosarito 30802 Calle Resplendor 26695 Paseo Tecate San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Gary Cartter Richard Longbrake Antonio Cruz 26672 Paseo Rosarito 26692 Paseo Tecate 30812 Calle Resplendor San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 mO965®AH3AV Q AH3Av-09,008-1. Ma0965uvidW3J.O'Ejanvas0 womtianemmm IIIIIIIIIIIIIIIIN 6ul�uudaaijwe; _ Jam Free Printing www.avery.com ® AVERY® 5960m Use Avery®TEMPLATE 596OTM • 1-800-GO-AVERY 0 Bill Kaye Martha Orozco Thomas Lee 30771 Paseo EI Arco 30821 Paseo EI Arco 26651 Paseo Durango San Juan Capistrano, CA 92675 San Juan Capistrano,CA 92675 San Juan Capistrano, CA 92675 Martin Vribe Resident Reyna B. Mena 26631 Paseo Durango 26621 Paseo Durango 30862 Paseo San tiago San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Joey Racano Mechelle Flores Jeff Jang 21752 Pacific Coast Hwy 30735 Calle Cheuca 30791 Paseo EI Arco Huntington Beach, CA 92646 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Andrew Cupples Luis Arturo Guevara Alejandro Saguelain 18132 Wellbrook Circle 31277 Calle San Juan 26881 Paseo Tar-ate Huntington Beach, CA 92647 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Lois Madson Carolyn Nash W. D. Persons 29745 Millpond Ct. 32906 Avenida Descanso 30828 Calle Chueca San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Joe Lederer Barbara L. Banda Wick Lobo 30901 Paseo Mar Azul 26671 Paseo Tecate 25222 Adelanto San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Laguna Niguel, CA 92627 Shirley Olson Jill Janett Alejandro Sagoela 29692 Felton Dr. 30832 Calle Chueca 26681 Paseo Tecate Laguna Niguel, CA 92627 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Resident/Property Owner R. Ramirez Gail Prothers 31277 Calle San Juan 27583 Via Fortune 29302 Sandalwood Ct. San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Patricia Julien Janet Frank Capistrano Garden Homes 30791 Calle Chueca 30793 Calle Chueca Ken Letman San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 30742 Calle Resplendor San Juan Capistrano, CA 92675 Leona Klippstein, Exec. Director Bruce H. Derflanger Vivian Benincasa Spirit of the Sage Council P. O. Box 1220 30686 Calle Chueca 439 Westwood SC#144 Sunset Beach, CA 90742 San Juan Capistrano, CA 92675 Fayetteville, NC 28314 ru0965 ®A213At/ A113AV-0�08-L mo965 3J.vicivin�anV asg wortiane•MMM 6unuud awA we�-15 Jam Free Printing www.avery.comAVERY@ AVERY® 596OTM 5960—Use Avery®TEMPLATE 5960 �� 1-800-GO-AVERY • Eliazas Ramos Javier Ortiz Rufino Jimenez 26432 Paseo Carmel 26414 Paseo Carmel 26722 Paseo Loreto San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Gerardo Trueba Alfredo Ventura Octavio Ventura 30862 Avenida de la Vista 30856 Avenida de la Vista 30856 Avenida de la Vista San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Ramiro Jasso Sergio Figueroa Cecilia Figueroa 30848 Avenida de la Vista 30842 Avenida de la Vista 30842 Avenida de la Vista San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Gonzalo Maze Luis Maidondo Miguel Jouregui 30844 Avenida de la Vista 30834 Avenida de la Vista 30822 Avenida de la Vista San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Maria Elena Jouregui George Sanchez Cecelia Sanchez 30822 Avenida de la Vosta 26542 Calle Laguna 26542 Calle Laguna San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Luke M. Romero Rosalind Koscak Elsie Garay 31332 EI Camino Real 22752 Jubilo Place 31792 Via Belardes San Juan Capistrano, CA 92675 Lake Forest, CA 92630 San Juan Capistrano, CA 92675 Mikole Ogle Kathleen A. Sandoval Mary Von Lortz 26811 Acjachema 31306 Don Juan 31306 Don Juan San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Terry La Fever Susan Romero Chris Romero 31362 EI Camino Real 31362 EI Camino Real 31332 EI Camino Real San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Mariana Walkinstick Diania Caudell Fran Yorba 26431 Arbor Road California Basketweavers Assoc. 828 S. Elliott PI. San Juan Capistrano, CA 92675 1044 N. Ivy Santa Ana, CA 92704 Escondido, CA Roberto Jandete Yolinda Arroyo Cloud Geissinger 30999 Paseo Tecate 31327 Don Juan 30765 Paseo EI Arco San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 wi096s ® ��/ Aa3 "9-008-1 rums 31V1dwu okaw esft worAane n MM 6uguud eerA wed Jam Free Printing www.avery.com Use Avery®TEMPLATE 5960Tm � � 1-800-GO-AVERY • W /+VERY®5960*'" Federico Ortega Sue-Geier David Persous 30819 Calle Chueca 30811 Calle Chueca 30828 Calle Chueca San Juan Capistrano,CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Celso Castillo Rastin Residence Abol Hassan 30814 Calle Chueca 30816 Calle Chueca 30816 Calle Chueca San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Iran Seif Elahe Maid Nancy Navarro 30816 Calle Chueca 30816 Calle Chueca 30808 Calle Chueca San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Ben Gonzalez Jose Sanchez Emanuel Ruelas 30804 Calle Chueca 30783 Calle Chueca 30785 Calle Chueca San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Vincente Ruelas Karina Maize I Resident Property Owner 30785 Calle Chueca 30787 Calle Chueca 267101 Lareto San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Suzanne O'Connor Yolanda Teresa Raul Leuca 30846 Calle Chueca 31085 Calle Chueca 30826 Avenida de la Vista San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Resident Property Owner Neric Torres Camache Norma Rodriguez 31061 Calle San Diego 30836 Avenida de la Vista 30824 Avenida de la Vista San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Roberto Ocampo Alma E. Cedillo Jose Guillen 26372 Oso Road 26374 Oso Road 31492 Los Rios St. San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Pedro Salinas Eugenia Gasga Gaspar Pastor 26492 Calle San Francisco 26414 Paseo Carmel 31251Calle San Juan San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Joel Correa Emilio Moreno Rayne Romero 26414 Paseo EI Arco 30812 Paseo EI arco 26424 Paseo Carmel San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 w 096S OM3AV A113AV-09-OWL m0965 31V1dW31 ekew asn wm taane mnnnn 6ul;uud aard we S Jam Free Printing www.averycom w Use Avery®TEMPLATE 5960TIA � � 1-800-GO-AVERY • W AVJERY® 5960 Veronica Hernandez Resident Property Owner Maria Viveros 30838 Avenida del Is Vista 30645 Calle Chueca 30621 Calle Cheuca San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Resident Property Owner Milton Aguilar Jose Tomas 30617 Calle Chueca 31468 Los Rios St. 26574 Los Rios St. San Juan Capistrano,CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano,CA 92675 Resident Property Owner Crystal Velasco Michael King 30626 Calle Chueca 26545 Paseo Santa Clara 26545 Paseo Santa Clara San Juan Capistrano,CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano,CA 92675 Javier Jimenes Francisco Orozco Alejandro Orozco 2272 Calle Santa Barbara 31012 Calle San Diego 31012 Calle San Diego San Juan Capistrano,CA 92675 San Juan Capistrano,CA 92675 San Juan Capistrano,CA 92675 Victoria Sanchez I Aramin Sanchez Felipe Ramaro 26507 Paseo Santa Clara 26951 Paseo San Gabriel 31941 Callle Reynalda San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Alejandra Maganda Freddy Saavedra Janet Aguilar 30624 Los Rios St. 31545 Los Rios St. 31442 Calle La Purisma San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Hilda Aguilar Marcos Saavedra Maria Del Rosario Jimenez 31442 Calle La Purisma 31545 Los Rios St. 31008 Calle San Diego San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Jose Munoz Alma Torres Antonio Alvarez 31008 Calle San Diego 26578 La Zanja 31466 Los Rios St. San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Rosa Ambriz Resident Property Owner Francisco Rodriguez 314661 Los Rios St. 30833 Calle Chueca 30829 Calle Chueca San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Zenaida Rodriguez Teresa Garcia Alesandro Garcia 30829 Calle Chuec 30825 Calle Chueca 30819 Calle Chueca San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 mO96S ®AN3AV A113AV-09-008-L m096S3J.tl1dW3J. +anyasg wor�4ane•MMM 6unuud aarj we Jam Free Printing www.avery.com Use Avery®TEMPLATE 5960TM 1-800-GO-AVERY • W AVERY®5960TM H. Guillen Rosa Ramirez - Claudia-Guillen__ 26485 Paseo San Gabriel 26485 Paseo San Gabriel 31492 Los Rios St. San Juan Capistrano,CA 92675 San Juan Capistrano,CA 92675 San Juan Capistrano, CA 92675 Alejandra Saldana Magdaleno Alvera Resident Properly Owner 26556 Calle San Francisco 26556 Calle San Francisco 26515 Calle San Francisco San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Jesus Olivera Bertha A.Aguilera Carmen Aguilara 26556 Calle San Francisco P. O. Box 586 28011 San Juan Creek Road San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Resident Property Owner Eardina Rodriguez Teresa Fitz 26558 Calle San Francisco 28011 San Juan Creek Road 32127 Paseo Carolina San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Evelyn Love Resident Property Owner Mary Bello 26465 Paseo San Gabriel 26455 Paseo San Gabriel 26457 Paseo San Gabriel San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Jose Juan Gomez Sylvia Heinskergen Brenda Garcia 26457 Paseo San Gabriel 31092 Via EI Rosarito 26495 Paseo San Gabriel San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 T. Ramirez Nelson Herrera Eva Balderas 26577 Paseo San Gabriel 26515 Paseo San Gabriel 26515 Paseo San Gabriel San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Ramon Gomez Estee Simenez Sondra Chaves 26515 Paseo San Gabriel 26512 Paseo San Gabriel 26512 Paseo San Gabriel San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Gabriela Torres Jose Maze Osialdo Tejeda 26505 Paseo San Gabriel 26492 Paseo San Gabriel 26494 Paseo San Gabriel San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Euldia Mata Resident Property Owner Antonia Vasquez 26482 Paseo San Gabriel 26484 Paseo San Gabriel 26476 Paseo San Gabriel San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 .096S ®A?J3At/ ® AH3AV-09-008-t n Lo%s 3JV1dwu�mV asn worAane- MeM 6u'luyd aaid Luer Jam Free Printing www.averycom ® Use Avery®TEMPLATE 596OTM 1-800-GO-AVERY . 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Mendez Gilberto del Rio 26552 Calle San Francisco 26552 Calle San Francisco 26552 Calle San Francisco San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Rocie Mendez E. del Rio Branda Baldana 26552 Calle San Francisco 26552 Calle San Francisco 26556 Calle San Francisco San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Jaime Baldana Catalina Vasquez Juana Parra 26556 Calle San Francisco 26436 Calle San Antonio 26491 Calle San Luis San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Guadalupe Vasquez Maria Cruz Jennie and John Roohk 26542 Calle Delphina#A 26457 Calle San Antonia 30789 Calle Chueca San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Erika Marmolejo Leticia Marmolejo Adriana Furlong 30796 Calle Chueca 30796 Calle Chueca 30792 Calle Chueca San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano,CA 92675 Residents Property Owner Dedra Laith Manuel Monge 30778 Calle Chueca 30772 Calle Chueca 30731 Calle Chueca San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Thomas Bostic Resident Property Owner Noah Bacon 30737 Calle Chueca 30739 Calle Chueca 30739 Calle Chueca San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Frank Lilly Resident Property Owner Resident Property Owner 30732 Calle Chueca 30732 Calle Chueca 30748 Calle Chueca San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Ethel M. 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Flores 30941 Calle Santa Rosalie 30881 Paseo el Marmol 30861 Paseo all Marmol San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Capistrano Garden Homes Capistrano Garden Homes Blanca Rodrigex Jerry Wright Greg & Diane Rancourt 26465 Calle San Luiz 26641 Calle Lorenzo 30746 Calle Chueca San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Resident/Property Owner Luis& Blanca Chinchoy Resident Property Owner 26543 Santa Barbara 29 Calle del las Sonotas 26512 Paseo Santa Clara San Juan Capistrano, CA 92675 Rancho Santa Marguerite, CA 92688 San Juan Capistrano, CA 92675 Resident Property Owner Resident Property Owner Resident Property Owner 26517 Paseo Santa Clara 26672 Paseo Tecate 30691 Calle Chueca San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Parviz Kazemi Karen Plumridge Alejandra Aguilar 30675 Calle Chueca 30665 Calle Chueca 30656 Calle Chueca San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Maria Ramos Jose Carrillo Criselda Mendoza 30642 Calle Chueca 30616 Calle Chueca 30622 Calle Chueca San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 mO96s®ANSAdp Ju13A1F09'008-L rumuv �etl esn wortiane nnnnm 6u.tupd aaij weE acc Jam Free Printing www.averycom ® TM Use Avery®TEMPLATE 5960TM 1-800-GO-AVERY • W AVERY®5960 Javier Guerrero Elena Hensey Ignacio Lopez 30634 Calle Chueca 30731 Calle Respelendor 30751 Paseo EI Arco San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Resident Property Owner M. Gutierrez Scott Gendrean 30782 Paseo EI Arco 30882 Paseo EI Arco 26622 Paseo Durango San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Resident Property Owner Resident Property Owner Resident Property Owner 26611 Paseo Durango 26721 Paseo Loreto 30861 Paseo Santiago San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Resident Property Owner Resident Property Owner Charles Gonrales 30881 Paseo Santiago 30862 Paseo Santiago 26811 Acjochema San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Joanne Ogle L. Brown Resident Property Owner 26811 Acjochea 31481 La Matanza 31471 La Matanza San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 M. Brown C. Brown J.Weatherholt 31481 La Matanza 31481 La Matanza 31625 Via Modonna San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Resident Property Owner Resident Property Owner Cano Amada 31502 La Matanza 32402 La Calera 26521 Calle San Luis San Juan Capistrano San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Juan J. Cedillo Isabel Serrana Resident Property Owner 26374 Oso Road 26445 Calle San Antonio 26476 Calle San Antonio San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Maria Garcia Silvia Garcia Maria Hernandez 31066 Calle San Diego 34052 Doheny Park 26512 Calle San Francisco San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Resident Property Owner Resident Property Owner Rosa Ruiz 26896 Calle San Francisco 31372 Los Rios 26552 Calle San Francisco San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 ru096s oAIMV ® AUMV609.OWL ra096s 3J.tl1dm*Amv an worAjane mmm 6upuud aaii we(,.., Jam Free Printing 0 www.avery.com ® m Use Avery®TEMPLATE 5960TM 1-800-GO-AVERY . 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Rowland 26692 Paseo Loredo 30902 Calle Santa Rosalie 26642 Calle Lorenzo San Juan Capistrano, CA 92675 San Juan Capistrano, 92675 San Juan Capistrano, Ca 92675 Capistrano Garden Homes Capistrano Garden Homes Capistrano Garden Homes Esteban Aguirre Resident Bud and Sarah East 30871 Paseo el Marmol 30956 Calle San Felipe 3095 Calle San Felipe San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, Ca 92675 Capistrano Garden Homes Capistrano Garden Homes Capistrano Garden Homes Laurel Santana 30885 Calle San Felipe Bridgid MacCree 30915 Calle San Felipe San Juan Capistrano, Ca 92675 30935 Calle Santa Rosalie San Juan Capistrano, CA 92675 San Juan Capistrano, Ca 92675 Capistrano Garden Homes Capistrano Garden Homes Capistrano Garden Homes Kimberly A. Lobo Resident Mildred M. Geer 30931 Calle Santa Rosalie 26651 Paseo Durango 26671 Paseo Rasarito San Juan Capistrano, Ca 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, Ca 92675 Capistrano Garden Homes Capistrano Garden Homes Maria Loper Art&Janie Snyder Jean Tophy 30876 Calle San Felipe 26662 Calle Lorenzo 26655 Calle Lorenzo San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 ru0965®A��b a AH3A"9-008-L mO965 31VIdW31 many asn wortiane nnnnnn 6u.4 . d aa»wed T Jam Free Printing www.avery.com Use Avery®TEMPLATE5960TM • 1-800-GO-AVERY • � AVERY® 5960TH Carl E. Buchheim Raymond C. 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Douglas 31201 Paseo Acacia Cultural Resource Monitors 31775 Via Balardes San Juan Capistrano, CA 27475 Ynez Road #349 San Juan Capistrano, CA 92675 Temecula, CA 92591 92675 Derek Brower Casitas Capistrano Homeowners Casitas Capistrano Homeowners 7 St. George's Court Association I Association II Coto de Caza, CA 2679 %TSG Management Company %TSG Management Company 27129 Calle Arroyo#1802 27129 Calle Arroyo#1802 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Harriett Perry , John Tattam Resident 32175 Via Barrida 30743 Calle Cheuca 30685 Calle Chueca San Juan Capistrano, CA 92675 San Juan Capistrano, CA San Juan Capistrano, CA 92675 92675 Andrea Cole Fran Yorba Jane Olinger 1112 S. Gates St. 31411-A La Matanza 17 Banyan Tree Lane Santa Ana, CA San Juan Capistrano, CA Irvine, CA.92612 92675 Cathleen Brannan Phil Schwartze Gail Prothero 28141 Via Rueda 31682 EI Camino Real 29302 Sandalwood Ct. San Juan Capistrano, CA San Juan Capistrano, CA San Juan Capistrano, CA 92675 92675 92675 Jonathan Volzke Juanemo Band of Chris Lobo 32322 Camino Capistrano #201 Mission Indians 910 Morse St. San Juan Capistrano, CA 31411 -A La Matanza Oceanside, CA 92054 92675 San Juan Capistrano, CA 92675 Wayne Petersen Juin Foresman Mary Nesfield 23988 Skyline 26902 Paseo Cardero 17261 Gothard #68 Mission Viejo, CA 92692 San Juan Capistrano, Ca Huntington Beach, CA 92647 92675 Stanely J. Fullerton Raymond C. Turner Stanley J. Fullerton 30911 Calle Santa Rosalia 31212 Casa Grande Dr. 23052 Alicia Pkwy "H" San Juan Capistrano, CA San Juan Capistrano, CA Mission Viejo, CA 92692 92675 92675 m096s®A213AV Q xa A"9-0os-i. mo96s awidwiiL ekeAv asn wOrAane•MMM 6uquud Owd wef u Jam Free Printing wwwavery.com Use Avery®TEMPLATE 5960TM • 1-800-GO-AVERY • � /��1ZY® 5960TM J Serrartiih S OI Mailing Project Mgr. my Wolfe current - J y 004-PC Marla Chappelear Lana Huiejl Carolyn Peterson 30882 Paseo EI Marmol 1330 Felipe 23333 Ridge Route #80 SJCapo, CA 92675 San Clemente, CA 92673 Lake Forest, CA 92630 dillisen Teti Marilu Kenney Brett G. Nelson 1526 Yis Tul4mn 24235 Via Aquara 31878 Del Obispo Street San juan Gape, GA 9267-5 Laguna Niguel, CA 92677 Post Box 118-510 San Juan Capo, CA 92675 Walter B. Davis Dr. Francine Fong Simpson Ricardo Duffy 30892 Paseo EI Marmol 26843 Calle Verano 31372 Guadalupe Street SJCapo. CA 92675 Capo Beach, CA 92624 SJCapo, CA 92675 Cynthia Quevedo Joanne Juka Brian Schultz Post Office Box 926 26932 Quevedo Lane 30741 Calle Chueca SJCapo. CA 92693 Mission Viejo, CA 92691 SJCapo. CA 92675 Laurie Martinez Schultz Doran A. Farnum Amy Jones 30741 Calle Chueca 26435 Paseo Pamela 25932 Via Del Rey SJCapo. CA 92675 SJCapo. CA 92675 SJCapo. CA 92675 Erin Kutnick Ms. Sandra Hill David Belardes 31271 Avenida Terramar 8 Columbine 31742 Via Belardes SJCapo. CA 92675 Irvine, CA 92604 San Juan Capo. CA 925675 Sonia Johnson Anita Espinoza Bunni Tobias, LEP,Ph.D. Post Office Box 25628 1740 North Concerto Drive Post Office Box 1658 Santa Ana, CA 92799 Anaheim, CA 92807 Lake Forest, CA 92630 Damien Shilo Edward & Jackie Nunez Stephen Otto, Attorney at Law 31411-A La Matanza 31392 La Matanza 202 Newport Center Drive San Juan Capo. CA 92675 San Juan Capo. CA 92675 Second Floor Newport Beach, CA 92660 Melvyn J. Moore Anna J. Moore James Okazaki 4489 Los Serranos Blvd. 4489 Los Serranos Blvd. Attorney at Law Chino Hills, CA 91709 Chino Hills, CA 91709 25301 Cabot Road, Suite 207 Laguna Hills, CA 92653 Aaagv-09.009-1. mO96S 31VIdW31 SA+env ash m096S®Ak13AV ® wortiane mmm 6u!wYd aaii wed - Jam Free Printing www.avery.com Use Avery®TEMPLATE 5960TM 0 1-800-GO-AVERY 0 � A��®5960T"' Shirley Sauvageau John Paul-Cabrera, MSW Connie M. Costa P. O. Box 508 327 Rosemont Blvd. Registrar's Staff Assistant San Juan Capistrano, CA San Gabriel, CA 91775 Antioch university Los Angeles p 400 Corporate Pointe 92693 Culver City CA 90230-7615, June Foresman Wendy Broffman Doug Korthof 25902 Paseo Cardero 30717 Calle Chueca 1020 Mar Vista San Juan Capistran. CA 92675 San Juan Capistrano, CA Seal Beach, CA 90740-5842 92675 Damien Shi10 Susi Morris Martin Swiderskl 32252 Alipaz 30685 Calle Chueca 2906 Postero Viente San Juan Capstrano, CA 92675 San Juan Capistrano, CA San Clemente, CA 92675 Gia Overton Rebecca Robles James Martinez Wood 32301 Alipaz#3 119 Ave San Fernando 16372 Birdie Lane San Juan Capistrano, CA San Clemente, CA 92672 Huntington Beach, CA 92659 92675 Anne Sutcliffe Dancing Peacock Robin De La Torre 505 N. Irene Ave. 1136 W. 10'" Street 2379 Northbend St. Redondo Beach, CA 90277 San Pedro, CA 90731 Riverside, CA 92501 Rhonda Robles William & June Haun Stanely J. Fullerton 2822 E. 56 Way 1 Bayleaf 30911 Calle Santa Rosalia Long Beach, CA 90805-5112 Rancho Santa Marguerita, CA San Juan Capistrano, CA 92688 92675 Claudia Gomez Maria C. Gomez Manuel Gomez 7235 Pellet St. 7235 Pellet St. 2235 Pellet St. Downey, CA 90241 Downey, CA 90241 Downey, CA 90241 Daniel Gomez Edward Gomez Resident/Property Owner 2235 Pellet St. 7235 Pellet St. 6896 Valevine Ave. Downey, CA 90241 Downey, CA 90241 Bell, CA 90201 Kenny Guzman Mary Nesfield Virginia G. Bickford, M.A. 9230 Gallaynn Road 17261 Gothard #67 Anthropologist Pico Rivera, CA 90660 Huntington Beach, CA 92647 11962 Cherry Street Los Angeles, CA 90720 Rhonda Robles Judith A. Mason Floratos, Loll & Devine 2822 E. 56'" Street 30815 Calle Chueca A Professional Corporation Long Beach, CA 90805-5112 San Juan Capistrano, CA 18881 Von Karman Ave. #220 92675 Irvine, CA 92612 w.o96s®AZ13Av► Q ANAV-09 -t mo96s 31vww3i e+anv asn worAane�uw�M 6ulawwd awj wer o\ Jam Free Printingwww.averycom ® AVERY® 5960Tm Use Avery®TEMPLATE 5960TM 181-800-GO-AVERY • Charles-Royston- Rebecca Robles,CHAIR Pat Martz, PhD,President O.C. Native American Sacred Rites California Cultural Resources 312 Rochester Avenue Task Forca/Angeles Chapter Siena Club Preservation Alliance Huntington Beach, CA 92648 Friends ofPutidhem 1 Songsparrow 119 Ave San Fernando Irvine,CA 92604 San Clemente,Ca 92672 Rutan & Tucker Carl E. Buchheim Family Trusts Constance Cameron Attorneys At Law 254 S. Hillcreast Street 14602 Montevideo Dr. P. O. Box 1950 Annaheim, CA 92807 Whittier, CA 90605 Costa Mesa, CA 92628-1950 John S. Wilson 254 S. Hillcrest St. Annaheim, CA 92807 ,Y,o96s®A213/�V a ANA"9-008-& v,0965 31maw3i�Av asn wmtiane•AAAAAA 6ultuud awA wer ,., Jam Free Printing www.avery.com RY Use Avery®TEMPLATE 5960TM • 1-80G-GO-AVERY • a Ate ®5960w Mailed P.O. x 2562a Prj Na : J ra - South Santa cA s9 P ' M r: - Sonia John n Catherine all Mg::. Tribal rperson 27501 V to Circle PC Jul 3, 2 4 Juan o Band of Mission Indians San n Capis ano, CA 92675 Jerry Wright Dept. of Fish and Game Marjorie M. Meyers 26641 Calle Lorenzo C. F. Raysbrook, 31587 Via Cruzada San Juan Capistrano, CA 92675 Regional Manager San Juan Capistrano, CA 92675 4949 Viewbridge Ave. San Deigo, CA 92123 Monsignor Paul M. Martin Patricia Martz, Ph.D. Patricia Martz Chaplain, J. Serra H.S. California Culutral Resource 1 Songsparrow 26351 Junipero Serra Road Preservation Alliance, Inc. Irvine, CA 92604 San Juan Capistrano, CA 92675 P. O. Box 54132 Irvine,CA.92619-4132 Jerry Nieblas Tom and Tracey Morris William R. &Susan P. Morris 26652 Calle EI Sauzar 30725 Calle Chueca 30685 Calle Chueca San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Eleanore I. Robbins, Ph. D., Geologist Maulena M. Krise David Belardes San Diego State University 30651 Calle Chueca 31742 Via Belardes Dept. Geological Sciences San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 5500 Campanile Dr. San Diego, CA 92182-1020 Larry Myers, Executive Secretary Ed Nunez Damien Shilo, Chairman State of California Native America 31391 Matanza Juaneno Band of Mission Indians Heritage Commission San Juan Capistrano, CA 92675 Acjachemen Nation 915 Capitol Mall, Room 364 31411-A La Matanza Street Sacramento, CA 95814 San Juan Capistrano, CA 92675 University of Southern California Eric Alan Overton Doug Korthof Attn: Ken Breisch, Ph.D. 32301 Alipaz#3 1020 Mar Vista Director, Programs in Historice Pres. San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 Wyatt Hall 204 Los Angeles, CA 90089-0291 Maria Lepowsky, Professor Cathleen Brannon C.Candace Coffman University of Wisconsin, Madison 28141 Via Rueda university of California School of Social SciencesDe t. of Anthropology San Juan Capistrano, CA 92675 Program in Social Relations 1180 Observatory Dr. ZOT 5100 Madison, WI 53706 Irvine,CA 92697 Robert Joseph, Chief OCTA Dept. of Fish and Game Dept.of Transportation-District 12 Bill Mock, Right of Way Administrator William E.Tippets-So. Coast Region IGR/Community Planning Branch 550 S. Main Street Deputy Regional Mgr. 3337 Michelson Dr.Suite#380 P.O.Box 14184 4949 Viewridge Ave. Irvine, CA 92612-8894 Orange, CA 92863-1584 San Diego, CA 92123 Capistrano Garden Homes Capistrano Garden Homes Capistrano Garden Homes Cruz Mendoza Cristy Fillow Monika Malone 26702 Calle La Bomba 26672 Calle La Bomba 26682 Calle La Bombs San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 San Juan Capistrano, CA 92675 wt0965 ®�3/�r/ AH3AV-O9-008-I. wa096s 3J.tlldw3J.Q�jaw asn wmtiene•mmm 61,14ulld ewJ wef Jam Free Printing www.averycom ® AVERY® 5960TM Use Avery®TEMPLATE 5960' . 1-800-GO-AVERY • 649-032-36 649-032-35 649-032-37 ROSENBERG ROBERT ROY MEJIA JUAN A CEBALLOS SALVADOR PEREZ 30628 CALLE CHUECA 30624 CALLE CHUECA 30634 CALLE CHUECA SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 649-031-03 649-032-42 649-03241 STATE OF CAL RNIA DIV VELAZQUEZ DAVID SUTTON NANCY BOYLE 30658 CALLE CHUECA 3382 CALLE LA VETA ' SAN JUAN CAPISTRANO,CA 92675 SAN CLEMENTE,CA 92672 649-032-43 649-011-29 649-011-2 WIND WILDA LEE BUCHHEIM CARL E STATE OF ORNIA DIV 30664 CALLE CHUECA 31921 CALLE WINONA SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 650-111-15 650-601-03 121-050-23 SLIGO PROPERTIES LIMITED MARBELLA PROPERTY OWNERS HSIAO HENRY H 37 W 7TH ST 39 ARGONAUT 26661 STETSON PL CINCINNATI,OH 45202 ALISO VIEJO,CA 92656 LAGUNA HILLS,CA 92653 121-050-21 121-050-19 121-050-22 CITY OF SAN JUAN CITY OF SAN JUAN HSIAO HENRY H 32400 PASEO ADELANTO 32400 PASEO ADELANTO 26661 STETSON PL SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 LAGUNA HILLS,CA 92653 650-161-02 649-361-02 649-361-04 MITCHELL LAND&IMPVT CO KAISER FOUNDATION HEALTH EQUILON ENTRPRS LLC 2919 GARDENA AVE 393 E WALNUT ST PO BOX 4369 SIGNAL HILL,CA 90755 PASADENA,CA 91188 HOUSTON,TX 77210 650-601-02 MALASPINA HOMEOWNERS ASSN 26902 PASEO CARDERO SAN JUAN CAPISTRANO,CA 92675 vu0965® ��/ AV3AV-09.008-L mO96S3J.tlldW3l�awasn worAane mmm Builuiid acid wer,_ Jam Free Printing www.avery.com Use Avery®TEMPLATE 5960TM • 1-800-GO-AVERY 9 w Ate ® 5%OTM 649-033-31 649-033-32 649-033-16 WRIGHT GERALD B TRUST MORRELL WILLET SHERWOOD VIRGINIA L 30722 CALLE RESPLENDOR 39894 WILD CANARY LN 30676 CALLE CHUECA SAN JUAN CAPISTRANO,CA 92675 MURRIETA,CA 92562 SAN JUAN CAPISTRANO,CA 92675 649-033-15 649-033-14 649-03244 OLMEDO JAVIER RUDDY RAYMOND J III ESPINOZA JAVIER A 30674 CALLE CHUECA 30672 CALLE CHUECA 30666 CALLE CHUECA SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 649-03245 649-032-08 649-032-10 ABDELRAHIM M&Y 1999 TRUST AYALA NARCISO C KRISE MAUREEN M 27691 ESTEPONA 30661 CALLE CHUECA 30651 CALLE CHUECA MISSION VIEJO,CA 92691 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 649-032-09 649-032-17 649-032-15 MIRANDA GUILLERMO&GRISELDA GARCIA NANCY& SIERRA EDWARD 30655 CALLE CHUECA 30625 CALLE CHUECA 30619 CALLE CHUECA SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 649-032-16 649-032-11 649-032-14 HERNANDEZ TOMAS KEAHY KELLY JIMENEZ FLORENTINO G 30621 CALLE CHUECA 30611 CALLE CHUECA 30617 CALLE CHUECA SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 649-032-12 649-032-13 649-032-25 CAUDILLO FRANCISCO CLARK JUDITH BROWN DONALD 30613 CALLE CHUECA PO BOX 1551 30646 CALLE CHUECA SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92693 SAN JUAN CAPISTRANO,CA 92675 649-032-26 649-032-27 649-032-28 MORALES MARIA TORRES JOSE L BUSTAMANTE LUIS 30642 CALLE CHUECA 30636 CALLE CHUECA 30632 CALLE CHUECA SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 649-032-29 649-032-30 649-032-39 JIMENEZ J JACOBO MENDOZA ALBERTO VELAZQUEZ JOSE 30626 CALLE CHUECA 30622 CALLE CHUECA 30644 CALLE CHUECA SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 649-032-38 649-032-40 649-032-33 NUNEZ MILBURGA FABIAN VILLALOBOS EFRAIN V PONCE FELIX 30638 CALLE CHUECA 30648 CALLE CHUECA 30614 CALLE CHUECA SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 649-032-31 649-032-32 649-032-34 PEREZ JOHN CARRILLO JOSE&SANDRA SCHNEIDER SARA LEE 30618 CALLE CHUECA 30616 CALLE CHUECA 2947 VIA BLANCO SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO, CA 92675 SAN CLEMENTE, CA 92673 m096S 0AMMAN' A113AV-O9-008-1. w.096S 31V1dW31®Arany asn worAiane-MMM 6uliulJd 9w:I wef Jam Free Printing www.avery.com ® r Use Avery®TEMPLATE 5960TM . 1-800-GO-AVERY • AIRY® 5960 649-033-13 649-033-11 649-033-23 MCMANNES DALE&SUSAN LEWIS DIANE LEE MYERS ROBERT S&TINAMARIE B 30701 CALLE CHUECA 30709 CALLE CHUECA 30702 CALLE RESPLENDOR SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 649-033-26 649-033-27 649-033-28 KING KATHLEEN E GRAHAM ARTHUR VAN LAANEN AILEEN T 30708 CALLE RESPLENDOR 30712 CALLE RESPLENDOR 30714 CALLE RESPLENDOR SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 649-033-24 649-033-25 649-032-05 LANG ROBERT P FELIX PATRICIA ANN KAZEMI PARVIZ 30704 CALLE RESPLENDOR 30706 CALLE RESPLENDOR 30675 CALLE CHUECA SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 649-032-02 649-032-03 649-032-04 LOPEZ FRANCISCO MORRIS WILLIAM R SAMALA ROBIN S 30691 CALLE CHUECA 30685 CALLE CHUECA 30681 CALLE CHULA SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 ,SAN JUAN CAPISTRANO,CA 92675 649-032-07 649-032-06 649-033-21 PLUMRIDGE LINDA JOAN BREWER MARY J JONES JEFF 30665 CALLE CHUECA 30671 CALLE CHUECA 30688 CALLE CHUECA SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 649-032-21 649-033-22 649-033-18 PATEL NIRU INGLE ROGER W KELLY KERRY D TRUST 30645 CALLE CHUECA 30692 CALLE CHUECA 25201 SHADYWOOD SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 LAKE FOREST,CA 92630 649-033-19 649-033-20 649-033-17 DUNNIGAN CHARLOTTE BENINCASA MARCELO G PFEIFER CHARLES D 30684 CALLE CHUECA 30686 CALLE CHUECA 30678 CALLE CHUECA SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 649-032-20 649-032-24 649-032-18 FREEMAN JEAN RUTH ROBBINS JAMES LEWIS TORRES JAVIER 33501 MOONSAIL DR 30652 CALLE CHUECA 30631 CALLE CHUECA DANA POINT,CA 92629 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 649-032-22 649-032-19 649-032-23 ROGERS JAMES GRISWOLD CHARLES T VICENTE VIRGILIO 30662 CALLE CHUECA 19737 LIVE OAK CANYON RD 30656 CALLE CHUECA SAN JUAN CAPISTRANO,CA 92675 TRABUCO CANYON,CA 92679 SAN JUAN CAPISTRANO,CA 92675 649-033-33 649-033-29 649-033-30 WILSON IRENE P GARCIA EDUARDO LARA CALIFORNIA JOINT POWERS INS AU 229 AVENIDA DEL MAR 30716 CALLE RESPLENDOR 30718 CALLE RESPLENDOR SAN CLEMENTE,CA 92672 SAN JUAN CAPISTRANO,CA 92675 SANTA ANA,CA 92707 ML0965 ODAH3AWa AH3AV-09-008-t m0965 31V1dW31 okaAv asn wm•AJ8Ae MMM fiulinlld O&M weL-w 2 Jam Free Printing www.averycom n Use Avery®TEMPLATE5960TM 1-800-GO-AVERY • w AVERY® 5960 649-011-30 121-070-08 649-023-08 BUCHHEIM CARL E HEALTH CARE REIT INC OBAN SEIKICHI 2235 FARADAY AVE O 27121 CALLE ARROYO 8517 SILVER RIDGE DR CARLSBAD,CA 92008 SAN JUAN CAPISTRANO,CA 92675 ROSEMEAD,CA 91770 649-023-06 649-023-07 649-023-09 TATTAM JOHN W SIERRA LILIA BOSTIC THOMAS D 32158 CAMINO CAPISTRANO 30741 CALLE CHUECA 30737 CALLE CHUECA SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 649-033-04 649-031-06 649-132-01 MAIZE JERRY G CASITAS CAPISTRANO ASSN SOTO GLORIA M 5519 E OCEAN BLVD PO BOX 11785 860 DEERFIELD CT LONG BEACH,CA 90803 SANTA ANA,CA 92711 OCEANSIDE,CA 92054 649-132-03 649-132-02 649-023-12 MAC KELVEY ROBERT GAINES WESLEY F MONGE MANUEL JR PO BOX 2581 30761 PASEO EL ARCO 30731 CALLE CHUECA HELENDALE,CA 92342 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 649-023-11 649-023-10 649-023-14 ' PEDRAZA GUSTAVO FLORES MICHELLE QUIROZ GUADALUPE 30733 CALLE CHUECA 30735 CALLE CHUECA 30734 CALLE CHUECA SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 649-023-13 649-023-17 649-023-16 SANCHEZ JESUS MILLER ZINES JOSEPH M CHAPMAN ETHEL 30732 CALLE CHUECA 30742 CALLE CHUECA 30738 CALLE CHUECA SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 649-023-15 649-033-02 649-033-03 WILLIAMS JOHN A KIRBY JEFFREY D MORRIS TOM E 30736 CALLE CHUECA 1927 HARBOR BLVD 30725 CALLE CHUECA SAN JUAN CAPISTRANO,CA 92675 COSTA MESA,CA 92627 SAN JUAN CAPISTRANO,CA 92675 649-033-01 649-033-43 649-033-44 PLASS STANLEY BOHN REGINA W HINSEY ELENA G 30729 CALLE CHUECA 25002 KATIE AVE 30731 CALLE RESPLENDOR SAN JUAN CAPISTRANO,CA 92675 LAGUNA HILLS,CA 92653 SAN JUAN CAPISTRANO,CA 92675 649-033-05 649-033-06 649-03340 ZAMORA ANABELL BRADLEY KELLY LYNN CARDENAS MARIA G 30721 CALLE CHUECA 30719 CALLE CHUECA 30739 CALLE RESPLENDOR SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 649-033-41 649-03342 649-033-39 SAWAYA JEANIN$ ROSEBOROUGH JOHN BARTOLINI GEORGE P 30737 CALLE RESPLENDOR 30735 CALLE RESPLENDOR 30741 CALLE RESPLENDOR SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 m096S eAMBAWQ A113AV-09-009-L m0969 31V1dW31�aAV asn wor�4ane mmm 5upuPd Owl wed` Jam Free Printing www.avery.com Use Avery®TEMPLATE s960Tm • 1-800-GO-AVERY • a Ate ® 5960*"' 649-033649-133-34 649-133-35 -34 S MARIA NEIL KRISTEN LETMAN KENNETH E HERN.�SAN JUAN C ST CA 92675 25411 CABOT RD 114 30742 CALLE RESPLENDOR LAGUNA HILLS, CA 92653 SAN JUAN CAPISTRANO,CA 92675 649-133-36 649-133-32 649-133-20 CAPISTRANO GARDEN HOMES THORNTON JEROME J CRUZ MARIO 890 W TOWN AND COUNTRY RD 26655 PASEO ENSENADA 26665 PASEO ROSARITO ORANGE,CA 92868 SAN JUAN CAPISTRANO,CA 92675 ' SAN JUAN CAPISTRANO,CA 92675 649-133-28 649-133-22 649-133-23 PENCZEK ALBERT MOORE JAMES E RENTERIA CHRISTIAN 26656 PASEO ENSENADA 26655 PASEO ROSARITO 30766 CALLE RESPLENDOR SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 649-133-21 649-133-26 649-133-25 KOLACH RAYMOND GEORGE NELSON FAMILY TRUST MENA SIXTO 1665 S MELISSA WAY 26646 PASEO ENSENADA 30752 CALLE RESPLENDOR ANAHEIM,CA 92802 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 649-133-27 649-133-18 1649-133-19 MC SWEENEY LINDA MARY SNYDER DAVID F GEER MILDRED MAE 26652 PASEO ENSENADA 26675 PASEO ROSARITO 26671 PASEO ROSARITO SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 649-133-17 649-133-33 649-133-29 STEVENS JACK A BECK ANITA H BATHGATE PATRICIA 2656 SOLANA WAY 26651 PASEO ENSENADA PO BOX 217 LAGUNA BEACH,CA 92651 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92693 649-133-31 649-133-30 649-033-35 BARNETT SHARON L JARA NARCISO ZEPEDA JOSE 26661 PASEO ENSENADA 26665 PASEO ENSENADA 30732 CALLE RESPLENDOR SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 649-033-36 649-033-37 649-033-38 ARROYO IGNACIO GURLEY JOHN CLARK DOSANTOS MANUEL C 30734 CALLE RESPLENDOR 30736 CALLE RESPLENDOR 30738 CALLE RESPLENDOR SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 649-033-07 649-033-08 649-033-09 BROFFMAN WENDY PEREZ CARLOS OZSU SARA JOE 2632 VISTA DEL ORO 30715 CALLE CHUECA 30713 CALLE CHUECA SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 649-033-10 649-033-12 649-032-01 CISNEROS ANDRES GOMEZ FULBRIGHT DOUGLAS B HAMPTON WAYNE M 30711 CALLE CHUECA PO BOX 3083 30695 CALLE CHUECA SAN JUAN CAPISTRANO,CA 92675 OSWEGO,NY 13126 SAN JUAN CAPISTRANO,CA 92675 wx096S QAU3A%f AMAV-09-008-1, m096S 31V1dW31(wbawesn worAiane•MMM 6ui4upd 9wJ weh_ i jam rree Printing www.avery.com m Use Avery®TEMPLATE 5960TM . 1-800.60-AVERY • w AVERY®5960 649-133-12 649-133-24 649-132-25 CAPISTRANO GARDEN HOMES CAPISTRANO GARDEN HOMES ENNIS WILLIAM S 890 W TOWN AND COUNTRY RD 890 W TOWN AND COUNTRY RD 30782 PASEO EL ARCO ORANGE,CA 92868 ORANGE,CA 92868 SAN JUAN CAPISTRANO,CA 92675 649-133-08 649-133-16 649-132-17 VERDUZCO MIGUEL VARGAS ANGEL B ALFAFARA ELMER S&R A TRUST 26685 PASEO TECATE 26666 PASEO ROSARITO 33112 MESA VISTA DR SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 DANA POINT,CA 92629 649-132-18 649-132-19 649-171-37 ONEILIN MARY J URIBE MARTIN&LORENA ALCALA RAFAEL A 26641 PASEO DURANGO 26631 PASEO DURANGO 26681 PASEO LORETO SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 649-133-01 649-132-23 649-132-22 LEON BEATRICE GUTIERREZ MARCOS MORENO EMILIO R 31135 VIA SANTO TOMAS 30802 PASEO EL ARCO 30812 PASEO EL ARCO SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 649-133-02 1 649-171-36 649-171-35 ANGULO JOSE&LUZ M NAVA JOSE RAMIREZ PEDRO 715 A ERSKINE DR 26691 PASEO LORETO 26701 PASEO LORETO SAN CLEMENTE,CA 92672 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 649-171-33 649-133-03 649-133-05 VALDEZ GENARO RODRIGUEZ RODRIGO LONGBRAKE RICHARD 26721 PASEO LORETO 26682 PASEO TECATE 860 DEERFIELD CT SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 649-133-13 649-132-24 649-133-10 ALBERDI JUAN J ULLOA ANGEL C BANDA FRANK 26652 PASEO ROSARITO 30792 PASEO EL ARCO 26671 PASEO TECATE SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO, CA 92675 SAN JUAN CAPISTRANO,CA 92675 649-133-11 649-133-09 649-133-14 WITTE BLAINE K SAGUILAN ALEJANDRO& MARGARITA FARINA JAMES 30802 CALLE RESPLENDOR 26656 PASEO ROSARITO AN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SPASEO TECATE SAN JUAN CAPISTRANO,CA 92675 SAN 649-133-15 649-133-06 649-133-07 GARCIA OSBALDO FOWLER GUADALUPE R ARMSTRONG PROPERTIES LLC 26662 PASEO ROSARITO 26695 PASEO TECATE 103 NORTHERN PINE LOOP SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 ALISO VIEJO,CA 92656 649-031-05 649-011-26 649-011-25 CASITAS CAPISTRANO ASSN STATE OF CALI IA DIV BUCHHEIM LAWRENCE F PO BOX 11785 2235 FARADAY AVE O SANTA ANA,CA 92711 CARLSBAD,CA 92008 AM3AV-09.008-L m096S 31V'IdW31 @fJOAV asB ru0965®AH3A%f 9 wowfueAe-M&VA 6UW4M eai3 mf� u Jam Free Printing 0 www.averycom • ® AVERY®5960rM Use Avery®TEMPLATE 5960TM 1-800-GO-AVERY 649-022-39 649-022-36 649-027-33 SANTOS RUBEN SPELLUM DEBORAH K CUMMINGS TRUST 30806 CALLE CHUECA 30798 CALLE CHUECA 31191 CALLE DEL CAMPO SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 649-022-38 649-022-34 649-022-37 GONZALEZ ISMAEL&ERIN VINDING DONALD R SANCHEZ CARMELO 30804 CALLE CHUECA 30794 CALLE CHUECA 30802 CALLE CHUECA SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 649-023-32 649-023-31 649-023-30 CHAKY REBECCA L KOZLAK J M FARIAS ANTONIO 30784 CALLE CHUECA 30782 CALLE CHUECA 30778 CALLE CHUECA SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 649-023-29 649-132-20 649-023-28 HARTWELL PATRICIA A CASTANEDA ABAD&SABINA S BEMUS VIRGINIA G 30776 CALLE CHUECA 26621 PASEO DURANGO 30774 CALLE CHUECA SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 649-132-08 649-023-27 649-132-21 LIEBRADER DAVID LAUTMANN DIANE H i OROZCO MARTHA G 30801 PASEO EL ARCO 30772 CALLE CHUECA 30821 PASEO EL ARCO SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 649-023-01 649-023-25 649-023-23 ESTLIND XIMENA C HADLEY MARK SMITH FRANCES N 30753 CALLE CHUECA 30766 CALLE CHUECA 30762 CALLE CHUECA SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 649-023-24 649-023-03 649-023-04 DZIUBAN STANLEY W FONG KAREN J PETERSON THOMAS 30764 CALLE CHUECA 30749 CALLE CHUECA 32492 GALLEON WAY SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 MISSION VIEJO,CA 92692 649-023-02 649-023-21 649-023-22 WIENENGA BERTRAND&NANCY OLANDER CAROL LILLY FRANK R 30751 CALLE CHUECA 30752 CALLE CHUECA 30754 CALLE CHUECA SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 649-023-20 649-023-26 649-023-19 POITEVIN CHRISTOPHER J QUERY ROSCOE L RANCOURT GREG M 30748 CALLE CHUECA 30768 CALLE CHUECA 30746 CALLE CHUECA SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 649-023-18 649-133-04 649-171-34 OBLENESS LISA D URIBE VICTOR RAMIREZ PEDRO 30744 CALLE CHUECA 26686 PASEO TECATE 26711 PASEO LORETO SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 AMAV-O9-008-1, w1096S 31V1dW31 mew ash w1096S®AM3AW ® worAmAe mmm 6ultulAd acral wed z Jam Free Printing www.averycom ® AVERY®596071 Use Avery®TEMPLATE 5960*"" • 1-800-GO-AVERY . 649-022-01 649-022-04 649-022-06 NAPOLI GN LEAL ELIBERTO&MARIA M LOPEZ ENRIQUETA M SAN JUAN TRANO,CA 92675 30835 CALLE CHUECA 30831 CALLE CHUECA SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 649-022-05 649-022-13 649-022-15 ARAGON GERMAN A HORTON GERALD J DELEGAN MARIA 30833 CALLE CHUECA 30817 CALLE CHUECA 237 VIA SAN ANDREAS SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN CLEMENTE,CA 92672 649-022-14 649-022-16 649-022-17 DELEGAN MARIA GEIER SUE S JONES GREG S 30815 CALLE CHUECA 30811 CALLE CHUECA 30797 CALLE CHUECA SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 649-022-20 649-022-18 649-022-19 JULIEN PATRICIA MORENO MARICELLA S FRANKS JANET POOLEY 30791 CALLE CHUECA 30795 CALLE CHUECA 30793 CALLE CHUECA SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 649-022-30 649-022-08 649-022-07 SULPIZIO ROSE TRUST A&M-REAL SOLUTIONS LLC RODRIGUEZ JOSE A 30771 CALLE CHUECA 22821 HUNTER CRK 30829 CALLE CHUECA SAN JUAN CAPISTRANO,CA 92675 MISSION VIEJO,CA 92692 SAN JUAN CAPISTRANO,CA 92675 649-022-09 649-022-12 649-022-10 GARCIA RODOLFO FLEISCHER JUNE EVE MC GRANAHAN KELLY 30825 CALLE CHUECA 5154 RENAISSANCE AVE 30823 CALLE CHUECA SAN JUAN CAPISTRANO,CA 92675 SAN DIEGO,CA 92122 SAN JUAN CAPISTRANO,CA 92675 649-022-11 649-022-21 649-022-22 CISNEROS FELIX GOMEZ ROOHK JONATHAN D MAIZE KARINA A 30821 CALLE CHUECA 30789 CALLE CHUECA 30787 CALLE CHUECA SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 649-022-27 649-022-28 649-022-29 BUCKLEY DOROTHY ANN FLOYD WILLIAM A SHREVE CHARLES R 30777 CALLE CHUECA 30775 CALLE CHUECA 30773 CALLE CHUECA SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 649-022-26 649-022-24 649-022-23 DUGAN JEFFREY A&SUSAN D SANCHEZ JORGE RUELAS VICENTE 30779 CALLE CHUECA 10783 CALLE CHUECA 30785 CALLE CHUECA SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 649-022-25 649-023-05 649-134-18 BOOKER ANNA H TRUST WATSON DONALD C CAPISTRANO GARDEN HOMES 30781 CALLE CHUECA 32492 GALLEON WAY 890 W TOWN AND COUNTRY RD SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 ORANGE,CA 92868 wi0965 ®A��t/ MRAV-O9-008-t wi0965 3J.V1dW31 okeAv asn wo3-i4ene mmm 6ultuPd Owl wed C:n Jam Free Printing www.averycom ® AVERY® 5960w Use Avery®TEMPLATE 5960TM • 1-800-GO-AVERY 649-134-10 649-134-02 649-121-03 ORTIZ ALBERTO FLORES CONSTANTINO SEVOR JEAN 30872 PASEO SANTIAGO 30861 PASEO EL MARMOL 26631 CALLE LORENZO SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 649-134-04 649-134-09 649-134-08 HERNANDEZ PEDRO YODER MARILU S BOXELL RONNIE 30862 PASEO EL MARMOL 34162 CRYSTAL LANTERN ST 30851 PASEO SANTIAGO SAN JUAN CAPISTRANO,CA 92675 DANA POINT,CA 92629 SAN JUAN CAPISTRANO,CA 92675 649-134-03 649-134-11 649-134-06 WHITBECK DONALD B SLINGERLAND MICHAEL E KING ROBERT P 30851 PASEO EL MARMOL 30882 PASEO SANTIAGO 29422 SPOTTED BULL WAY SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 649-134-17 649-134-13 649-134-07 CHAPPELEAR LOUIS STEWART CAPISTRANO GARDEN HOMES VALDEZ GENARO P 30882 PASEO EL MARMOL 890 W TOWN AND COUNTRY RD 30861 PASEO SANTIAGO SAN JUAN CAPISTRANO,CA 92675 ORANGE,CA 92868 SAN JUAN CAPISTRANO,CA 92675 649-134-05 649-132-12 649-134-20 BISHOFF FRANK RONALD MILLER ROBERT J LOZANO RAUL J 200 48 W WOODCROFT PKWY 27497 PASEO AMADOR 30891 PASEO EL MARMOL DURHAM,NC 27713 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 649-134-16 649-134-14 649-122-13 DAVIS WALTER DAVENPORT MARY KATHRYN TONEY GILBERT R TRUST 30892 PASEO EL MARMOL 30881 PASEO SANTIAGO 30891 CALLE SANTA ROSALIA SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 649-122-14 649-122-15 649-134-15 MOELLER SHARON M TRUST FORD JOHN FREYGANG STEVEN C 30891 CALLE SANTA ROSALIA 19900 MACARTHUR BLVD 33151 PASEO BLANCO SAN JUAN CAPISTRANO,CA 92675 IRVINE,CA 92612 SAN JUAN CAPISTRANO,CA 92675 649-134-12 649-02242 649-02241 FARFONE VINCENT JR RODRIGUEZ NOHELIA GOMEZ ADRIAN CISNEROS 30892 PASEO SANTIAGO 30814 CALLE CHUECA 30812 CALLE CHUECA SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 649-022-33 649-02240 649-022-32 FURLONG ROGER R NAVARRO CUPERTINA FABER TONI KAY TUSO 30792 CALLE CHUECA 30808 CALLE CHUECA 27641 PINESTRAP CBR SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 LAGUNA HILLS,CA 92653 649-022-31 649-123-06 649-123-03 COMMODORE NORMAN MEYMAR E R&MARIA I MC KIE WILLIAM G 22584 LA PUEBLA 26652 CALLE LORENZO 26672 CALLE LORENZO MISSION VIEJO,CA 92692 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 wi0965® �t/ a AAV-09-008-L wi096S ilMcl 3J.®�4entl 8sB wowkane mmm 6upulJd M:l wel,-, , I Jam Free Printing wwave com ry® Use AveTEMw. PLATE 5960m • 1-800-GO-AVERY AVERY® 5960w 649-I71-58 649423-07 649-123-02 CAPISTRANO GARDEN HOMES ROWLAND MONICA B GUTIERREZ ALFONSO&MARIA 890 W TOWN AND COUNTRY RD 26642 CALLE LORENZO 26682 CALLE LORENZO ORANGE,CA 92868 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 649-123-01 649-123-08 649-132-16 CRUZ ANTONIO NAPOLI GIUSEPPE CAPISTRANO GARDEN HOMES 30872 CALLE RESPLENDOR 31797 PASEO LA BRANZA 890 W TOWN AND COUNTRY RD SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 ORANGE,CA 92868 649-123-05 649-121-05 649-121-04 SKIPPER JOHN NISHIMURA JACQUELINE R WRIGHT GERALD B TRUST 26656 CALLE LORENZO 26651 CALLE LORENZO 26641 CALLE LORENZO SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 649-123-04 649-121-06 649-123-10 SNYDER ARTHUR&JAMIE TRUST TOPLEY JEAN E VALENZUELA GEORGE 26662 CALLE LORENZO 26655 CALLE LORENZO 367 16TH PL SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 COSTA MESA, CA 92627 649-123-12 649-123-11 649-121-07 VILLABRILLE ADRIAN R HOOK DENNIS F TOPLEY JEAN 26671 CALLE EL SAUZAL 830 SAINT VINCENT 30861 CALLE RESPLENDOR SAN JUAN CAPISTRANO,CA 92675 IRVINE,CA 92618 SAN JUAN CAPISTRANO,CA 92675 649-132-14 649-132-13 649-121-08 JUAREZ FILOGONIO FUNKHAUSER DONALD R ROTH KATHLEEN A 26642 PASEO DURANGO 26632 PASEO DURANGO 30712 HUNT CLUB DR SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 649-132-15 649-171-38 649-171-29 MITCHELL JOHN D PAULSON ANNETTE MENA RICARDO 25042 SPADRA LN PO BOX 4257 26702 PASEO LORETO MISSION VIEJO,CA 92691 IRVINE,CA 92616 SAN JUAN CAPISTRANO,CA 92675 649-171-39 649-132-26 649-132-07 JACOBI MARY L CAPISTRANO GARDEN HOMES BECERRA MIGUEL JR&JENNIFER 26692 PASEO LORETO 890 W TOWN AND COUNTRY RD 30795 PASEO EL ARCO SAN JUAN CAPISTRANO,CA 92675 ORANGE,CA 92868 SAN JUAN CAPISTRANO,CA 92675 649-132-09 649-132-04 649-132-10 STEPHENSON THOMAS B KAYE WILLIAM E BURNETT JOHN W&LAURA A 30811 PASEO EL ARCO 30771 PASEO EL ARCO 30815 PASEO EL ARCO SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 649-132-06 649-132-05 649-132-11 JONES JEFFREY H BARRAZA MIGUEL ARAGON FRANCISCA 30791 PASEO EL ARCO 30781 PASEO EL ARCO 26611 PASEO DURANGO SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 wi096SOAH-AAVa AI13AV-O9-008-L w.O96S3lV1dW31�awasn wo3-Ajanemmm 6uilulJdOwl WB \n Jam Free Printing www.averyxorn Use Avery G TEMPLATE 5960TM • 1-800-GO-AVERY AVERY®5960m 931-76-063 931-76-064 931-76-065 JIMENEZ MAYRA ORTIZ EDUARDO RAMIREZ ORLANDO 30946 63C AVENIDA DE LA VIS 30948 AVENIDA DE LA VIS 30952 AVENIDA DE LA VIS SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 931-76-066 931-76-067 931-76-068 ZUNIGA GERARDO G ROJAS ROSALIO DELGADO PEDRO 30954 AVENIDA DE LA VIS 30956 AVENIDA DE LA VIS 30958 AVENIDA DE LA VIS SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 931-76-069 931-76-070 931-76-071 PEREZ SERGIO FLORES VIRGINIA BENAVIDES MANUEL 30962 AVENIDA DE LA VIS 30964 AVENIDA DE LA VIS 30966 AVENIDA DE LA VIS SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 931-76-072 931-76-073 931-76-074 CANDELORI FRANCES A CAUDILLO JOSE PORTILLO HIPOLITO B 1000 PARK NEWPORT 30972 CALLE SAN DIEGO 30974 AVENIDA DE LA VIS NEWPORT BEACH,CA 92660 SAN JUAN CAPISTRANO, CA 92675 SAN JUAN CAPISTRANO, CA 92675 931-76-075 931-76-076 931-76-077 ISAS CONSTANZA TRIGUEROS JAIME A MEDINA JOSE T 26162 VIA CALIFORNIA 30978 CALLE SAN DIEGO 30982 CALLE SAN DIEGO CAPISTRANO BEACH,CA 92624 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 931-76-078 931-76-079 931-76-080 BAKER THEODORF EUGENE GROOS ERIC M JENSEN MICHAEL R 30984 CALLE SAN DIEGO 30986 CALLE SAN DIEGO 13381 CROMWELL DR SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 TUSTIN,CA 92780 931-76-081 931-76-082 931-76-083 MORA LUCIA ARREOLA MANUEL GOMEZ LUIS R 30992 CALLE SAN DIEGO 30994 CALLE SAN DIEGO 30996 CALLE SAN DIEGO SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 931-76-084 931-76-085 931-76-086 CHACON DAVID T RODRIGUEZ JERARDO SANCHEZ SAMUEL 27122 MANZANO 31002 CALLE SAN DIEGO 31004 CALLE SAN DIEGO 86B MISSION VIEJO,CA 92692 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 931-76-087 931-76-088 931-76-089 GAST JOHN A ORTIZ WILFRIDO OROZCO LUIS J 1618 SALMON RIV 31008 CALLE SAN DIEGO 31012 CALLE SAN DIEGO PLACENTIA,CA 92870 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 931-76-090 931-76-091 ALEMAN JUAN MC DOWELL JOSEPH A 649-071 31014 CALLE SAN DIEGO 6683 GALLETA AVE SAN JUAN CAPISTRANO,CA 92675 TWENTYNINE PALMS,CA 92277 m096S®/ L13AVa AN3AV-O'9-008-1 wi096S 31V1dW31 ekaw asn wortieAe eM M 6upuPd awd weL,, Jam Free Printingwww.averycom ® AVERY®5960m Use Avery®TEMPLATE 5960*" • 1-800-60-AVERY 649-072-01 121-070-62 121-070-55 WESTPORT-APARTMENT HOME SYCAMORE TRAILS L P SADDLEBACK VALLEY 914 E KATELLA AVE 226 AVENIDA BAJA 2122 N BROADWAY 101 ANAHEIM,CA 92805 SAN CLEMENTE,CA 92672 SANTA ANA,CA 92706 121-070-35 121-070-56 649-021-02 ROBERT H SCHULLER SADDLEBACK VALLEY CASITAS CAPISTRANO ASSN 13280 CHAPMAN AVE 2122 N BROADWAY 101 PO BOX 7270 GARDEN GROVE,CA 92840 SANTA ANA,CA 92706 NEWPORT BEACH,CA 92658 649-073-01 649-021-03 649-053-13 CITY OF SAN JUAN CASITAS CAPISTRANO ASSN CASITAS CAPISTRANO ASSN 32400 PASEO ADELANTO PO BOX 7270 26519 CALLE LORENZO SAN JUAN CAPISTRANO,CA 92675 NEWPORT BEACH,CA 92658 SAN JUAN CAPISTRANO,CA 92675 649-052-08 649-053-10 649-053-11 LORENZO TADEO,THE REISING DANIEL CHMIEL GERRY 1690 GREENWICH ST 34406 VIA GOMEZ 26503 CALLE LORENZO SAN FRANCISCO,CA 94123 CAPISTRANO BEACH,CA 92624 SAN JUAN CAPISTRANO,CA 92675 649-052-11 649-122-06 649-122-04 KNUDTSON JASON DANIEL SHIN CHRISTOPHER C RIOS RENE J 26568 CALLE LORENZO 19945 LINDA DR 30931 PASEO MAR AZUL SAN JUAN CAPISTRANO,CA 92675 TORRANCE,CA 90503 SAN JUAN CAPISTRANO,CA 92675 649-052-09 649-122-05 649-122-24 EDWARDS DANIEL ALAN DIAZ JASON&MONICA CAPISTRANO GARDEN HOMES 26566 CALLE LORENZO 30935 PASEO DEL AZUL 914 E KATELLA AVE SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 ANAHEIM,CA 92805 649-122-09 649-052-12 649-052-10 MARCELLO LOUIS J LIPPINCOTT RICHARD EVERGREEN ANNIE 30936 PASEO MAR AZUL 26564 CALLE LORENZO 31877 DEL OBISPO ST 206 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 649-122-08 649-122-07 649-122-03 WITTE KURT P OCAMPO GREGONIA ORTIZ CARLOS 30942 PASEO MAR AZUL 30951 PASEO MAR AZUL 30921 PASEO MAR AZUL SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 649-122-02 649-122-01 649-122-10 TUMM WILLIAM PAUL LEDERER JOSEF K LOPEZ ADOLFO&ESPERANZA 30911 PASEO MAR AZUL 30901 PASEO MAR AZUL 30932 PASEO MAR AZUL SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 649-122-18 649-122-12 649-122-11 CHAVEZ JUAN DAXON THOMAS KEVIN HERNANDEZ CORAL J 1615 N EL CAMINO REAL B 30912 PASEO MAR AZUL 30922 PASEO MAR AZUL SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 ® A113AV-O9-008-1, mz096S 31V1dW31�aAV esfl wi096S GAB-gAV wcoAjene•mmmmmm 6upuud aaJj we(, Jam Printing www.avery.com Use Avery®TEMPLATE 5960w 1-800-GO-AVERY 0 w AWRY®5960TM 649-122-16 649-122-17 649-123-09 FULLERTON STANLEY J FULLERTON STANLEY HERNANDEZ LUIS 23052 ALICIA PKWY H271 23052 ALICIA PKWY H 26651 CALLE EL SAUZAL MISSION VIEJO,CA 92692 MISSION VIEJO,CA 92692 SAN JUAN CAPISTRANO,CA 92675 649-134-01 649-053-12 649-053-09 AGUIRRE ES AN CASITAS CAPISTRANO ASSN PFLUG RICHARD F SAN JUAN I O,CA 92675 26519 CALLE LORENZO 26507 CALLE LORENZO SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 649-053-08 649-022-55 649-053-03 PARKS BRAD A O CONNOR SUZANNE HARDY WILLIS E 304 S LA ESPERANZA 30846 CALLE CHUECA 26523 CALLE LORENZO SAN CLEMENTE,CA 92672 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 649-134-19 649-053-02 649-053-01 CRUZ ANDRES M REYNOLDS RICHARD W STONEKING JOYCE M 30881 PASEO EL MARMOL 226 W AVENIDA ALESSANDRO 26527 CALLE LORENZO SAN JUAN CAPISTRANO,CA 92675 SAN CLEMENTE,CA 92672 SAN JUAN CAPISTRANO,CA 92675 649-053-05 649-053-06 649-053-07 WILLAMS DAVID WEHR ANDREW J&MICHELLE L KRONE KIMBERLY 26517 CALLE LORENZO 26515 CALLE LORENZO 235 AVENIDA LOBEIRO 109 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN CLEMENTE,CA 92672 649-053-04 649-022-54 649-022-52 LOVF DONNA S BROWN-BLYTHE BONNIE MEDINA JAVIER 26521 CALLE LORENZO 30844 CALLE CHUECA 30838 CALLE CHUECA SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 649-022-53 649-022-44 649-02243 MARTINEZ JOSE L VAGNONI FRANK MADJD ALI 30842 CALLE CHUECA 30818 CALLE CHUECA 30816 CALLE CHUECA SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 649-022 >WA 649-022-47 649-022-51 PERSONDAVIDMORGAN DIANE D PENDLETON ROBERT W SAN JUAST O,CA 92675 30826 CALLE CHUECA 30836 CALLE CHUECA SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 649-022-50 649-02249 649-02245 PIPER CHARLES BANK NORTHERN TRUST J BRESCIA ROBERT A 24431 CALLE DE LA LOUISA 16 CORPORATE PLAZA DR 30822 CALLE CHUECA LAGUNA HILLS,CA 92653 NEWPORT BEACH,CA 92660 SAN JUAN CAPISTRANO,CA 92675 649-02246 649-022-03 649-022-02 ROSAS FRANCISCO MIRANDA REMEDIOS SOSA EDWIN R 30824 CALLE CHUECA 30837 CALLE CHUECA 30839 CALLE CHUECA SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 w1096S ®AU3Ad Ar13AV-O9-008-1 w1096S 31V1dW31 OAJa^V asn wom Ajan mmm 6ultuPd 9w:l we f Jam Free Printing www.averycom ® AVERY® 5960w Use Avery®TEMPLATE 5960Tm • 1-800-GO-AVERY 931-76-033 931-76-034 931-76-035 TRUEBA GERARDO CANO MONICA J KRUSE KEVIN ANTHONY 30862 AVENIDA DE LA VIS 33E 30864 AVENIDA DE LA VIS 6005 SADDLE BRIDGE LN SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 ALPHARETTA,GA 30022 931-76-036 931-76-037 931-76-038 ARTINGER SAM CARR BRANDON M HARSH FRANKLIN D 30868 AVENIDA DE LA VIS 36D PO BOX 1897 33261 VIA MAYOR SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92693 SAN JUAN CAPISTRANO,CA 92675 931-76-039 931-76-040 931-76-041 LANA JAVIER VEGA RICHARDO LEDESMA XAVIER 30876 AVENIDA DE LA VIS 30878 AVENIDA DE LA VIS 30882 41E AVENIDA DE LA VIS SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 931-76-042 931-76-043 931-76-044 WILLIAMS JAMES E ROPER FRANK R JR LEMOS RAMIRO 10 SAN CARLOS 479 SHARON RD 30888 AVENIDA DE LA VIS RANCHO SANTA MARGARITA,CA ARCADIA,CA 91007 SAN JUAN CAPISTRANO,CA 92675 92688 931-76-045 931-76-046 931-76-047 MUNIZ MIGUEL CASTRO MARCO A CERVANTES JESUS 30892 AVENIDA DE LA VIS 30894 AVENIDA DE LA VIS 30896 AVENIDA DE LA VIS SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 931-76-048 931-76-049 931-76-050 ESPARZA AGUSTIN TORRES SANTIAGO GUZMAN C FAUSTINO 30898 AVENIDA DE LA VIS 48D 30912 AVENIDA DE LA VIS 30914 AVENIDA DE LA VIS SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 931-76-051 931-76-052 931-76-053 SANCHEZ GREGORIO RAMIREZ JOSE SANTANA SANCHEZ GREGORIO 30916 AVENIDA DE LA VIS 30918 AVENIDA DE LA VIS 30922 AVENIDA DE LA VIS SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 931-76-054 931-76-055 931-76-056 GOMEZ JUAN SORIANO JOSE LUIS RIOS MANUEL 30924 AVENIDA DE LA VIS 30926 AVENIDA DE LA VIS 30928 56D AVENIDA DE LA VIS SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 931-76-057 931-76-058 931-76-059 REED DOROTHY L LOPEZ MARTIN J JOHNSON GARY A 30932 AVENIDA DE LA VIS 30934 AVENIDA DE LA VIS PO BOX 118 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SUNSET BEACH,CA 90742 931-76-060 931-76-061 931-76-062 CEJA FILIBERTO G GARCIA MAURILLA BOYER DERIK 906 E OCCIDENTAL ST 32501 CARRETERRA DR 30944 AVENIDA DE LA VIS SANTA ANA,CA 92707 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 wa0965®Aa��/ a AJJ3Av-O9.008-1 �� M096S 3J.v uw31 dk9Av wn woriGane•MMM BwTuud mA weft,, Jam Free Printing www.averycom ® AVERY® 5960m Use Avery®TEMPLATE 5960TM • '� 1-800•GO-AVERY 931-76-003 931-76-004 931-76-005 HERNANDEZ CUTBERTO ROHDE JOACHIM SADDLEBACK VALLEY 30001 IMPERIAL DR 31372 DON JUAN AVE 3 PEPPERBUSH CT SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 MEDFORD,NJ 08055 931-76-006 931-76-007 931-76-008 CURRY MIKE L TORSTENBO NEIL R RODRIGUEZ MERCEDES 26384 OSO RD 26386 OSO RD 26388 OSO RD SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 93176-009 931-76-010 931-76-011 DIAZ ROGELIO TORRES CARLOS GARCIA ROSA 30802 AVENIDA DE LA VIS 30804 AVENIDA DE LA VIS 30806 AVENIDA DE LA VIS SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 931-76-012 931-76-013 931-76-014 ALMANZA JOSE L ZAMORA JUAN RAWLINS ANTONIETTA 30808 AVENIDA DE LA VIS 30812 AVENIDA DE LA VIS 30814 AVENIDA DE LA VIS SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 931-76-015 931-76-017 931-76-01 AGUILAR OSVALDO JAUERGUI MIGUEL 30816 AVENIDA DE LA VIS HOOKER M ATL J 30822 AVENIDA DE LA VIS SAN JUAN CAPISTRANO,CA 92675 SAN N C TRANO,CA 92875 SAN JUAN CAPISTRANO,CA 92675 931-76-018 931-76-019 931-76-020 RODRIGUEZ ARTURO ISAS JOSE MARIO REYNOSO DAVID 30824 AVENIDA DE LA VIS 23331 VIA RONDA 30828 AVENIDA DE LA VIS SAN JUAN CAPISTRANO,CA 92675 MISSION VIEJO,CA 92691 SAN JUAN CAPISTRANO,CA 92675 931-76-021 931-76-022 931-76-023 ARANDA CANDIDO MALDONADO LUIS MAYES MARVIN 30832 AVENIDA DE LA VIS 30834 AVENIDA DE LA VIS 31322 PASEO NARANJA SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 931-76-024 931-76-025 931-76-026 NUNEZ MARTIN FIGUEROA SERGIO GAYTON GONZALO 30838 AVENIDA DE LA VIS 30842 AVENIDA DE LA VIS 30844 AVENIDA DE LA VIS SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 931-76-027 931-76-028 931-76-029 HOMS JOSEPH FRANCO RAMIRO J BRITO MIGUEL PO BOX 2761 30848 AVENIDA DE LA VIS 30852 AVENIDA DE LA VIS MISSION VIEJO,CA 92690 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 931-76-030 931-76-031 931-76-032 HERNANDEZ FELIX SCOTTO DAVID J CAMACHO ESTELA M 30854 AVENIDA DE LA VIS 33581 BIG SUR ST 30858 AVENIDA DE LA VIS SAN JUAN CAPISTRANO,CA 92675 DANA POINT,CA 92629 SAN JUAN CAPISTRANO,CA 92675 wa0965®���b • 93A"9-008-L wa0965 31V7dW31�AV esn woyfuGne•mmm 6UPUPd Geld we s �n ,< Jam Free Priming www.averycom ® AVERY® 5960w Use Avery®TEMPLATE 596OTM . �� 1-800-GO-AVERY • 650-112-01 121-070-57 931-76-092 SLIGO PROPERTIES LTD SADDLEBACK VALLEY CABRAL MANUEL 37 W 7TH ST 2122 N BROADWAY 101 31018 CALLE SAN DIEGO CINCINNATI,OH 45202 SANTA ANA,CA 92706 SAN JUAN CAPISTRANO,CA 92675 931-76-093 931-76-094 931-76-095 GUILLEN SALVADOR LEMUS MIGUEL A OLIVARES ARTURO REYES 31022 CALLE SAN DIEGO 31024 CALLE SAN DIEGO 31026 CALLE SAN DIEGO SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 931-76-096 931-76-097 931-76-098 VILLAMIL SEBASTIAN TOMS URIEEL VILLAMIL ADAN E 31028 CALLE SAN DIEGO 31032 CALLE SAN DIEGO 31034 CALLE SAN DIEGO 98-B SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 931-76-099 931-76-100 931-76-101 GUZMAN GERMAN STEWLOW DENNIS D YOUNG CELIA 31036 CALLE SAN DIEGO 31038 CALLE SAN DIEGO 31237 E NINE DR SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 LAGUNA NIGUEL,CA 92677 931-76-102 931-76-103 931-76-104 AYALA A LUIS MANZO JAVIER WEISS JENNIFER L 31044 CALLE SAN DIEGO 31046 CALLE SAN DIEGO 28451 CASANAL SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 MISSION VIEJO,CA 92692 931-76-105 931-76-106 931-76-107 MARIN FRANCISCO MORA VERONICA VARGAS JOSE SOTO 31001 CALLE SAN DIEGO 31011 CALLE SAN DIEGO 31013 CALLE SAN DIEGO SAN JUAN CAPISTRANO,CA 92675 SAN NAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 931-76-108 931-76-109 931-76-110 GUTIERREZ AUGUSTINE JR LOPEZ EFREN AYALA PONCE OSCAR 31015 CALLE SAN DIEGO 31017 CALLE SAN DIEGO 31021 CALLE SAN DIEGO SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 931-76-111 931-76-112 931-76-113 GOMEZ SAMUEL DAY MICHAEL E MAYES MARVIN 31023 CALLE SAN DIEGO 31025 CALLE SAN DIEGO 31322 PASEO NARANJA SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 931-76-114 931-76-115 931-76-116 LOYA SILVESTRE CRUZ JORGE BOESSLER ROBERT 31031 CALLE SAN DIEGO 31033 CALLE SAN DIEGO 31035 CALLE SAN DIEGO SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 931-76-117 931-76-001 931-76-002 TAMPA MARIANO ROHDE JOACHIM CEDILLO JUAN JOSE 31037 CALLE SAN DIEGO 31372 DON JUAN AVE 26374 OSO RD SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 wa0965 ®A�13/►V ANMAV,09-008-t mO96S 3LVIdW31®Nany esB wortieneAAmm 6unuud8arj Wer Jam Free Printing www.avery.com AVERY® 5960T- Use Avery®TEMPLATE 5960TM • 1-800-GO-AVERY 0 Catherine Shiel 27501 Vantage Circle San Juan Capistrano, CA 92675 Sonia Johnston Tribal Chairperson Juaneno Band of Mission Indians P.O. Box 25628 Santa Ana, CA 92799 It aFa AH3A"9-008-t w10965 midmiehaw esn Y110965 Q)AMBAV wo-3-AjeAe-NL*Am BullulJd 88JA w.er._ CORo CERTIFICATE OF LIABILITY INSURANCE OP ID S DATE(MWDD/YYYY) PUEBL-2 03/15/05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Brakke-Schafnitz Ins . Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License #0428915 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 28202 Cabot Road, Suite 500 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Laguna Niguel CA 92677-1251 Phone: 949-365-5100 Fax:949-365-5161 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A. Philadelphia Insurance I INSURER B: P eblo Serra Worship Holdings c o The Busch Firm INSURER C: 2 32 Dupont INSURERL Irvine CCPR, INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY RF-OUIREMENT,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 CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFECTIVE P V XPIRA I LTSPOLICY NUMBER DATE MWDD/YY DATE MM/DD/YY LIMITS TGENERAL LIABILITY EACH OCCURRENCE $ 1000000 A COMMERCIAL GENERALLIABILITY PHPK0097457 10/15/04 10/15/05 PREMISES KhNI LU x urence) $ 100000 CLAIMS MADE [X] OCCUR MED EXP(Any one person) $5000 PERSONAL 6 ADV INJURY $ 1000000 GENERAL AGGREGATE s2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2000000 POLICY PRO- LOC ECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN FA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $5,000,000 A }[ OCCUR CLAIMSMADE PHUB037011 10/15/04 10/15/05 AGGREGATE $ 51000,000 HDEDUCTIBLE $ X RETENTION $10,000 $ WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? E L.DISEASE EA EMPLOYEEI $ If tle unrle SPEC PROVISIONS SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS All operations of the named insured. *10 Day Notice of Cancellation in the event of non-payment of premium. The City of San Juan Capistrano, its officers, officials, employees, agents and representatives are named as additional insureds. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN City of San Juan Capistrano NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Attn: Maria Guevara IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 32400 Paseo Adelanto San Juan Capistrano CA 92675 REPRESENTATIVES. AU R R A ACORD 25(2001/08) ©ACORD CORPORATION 1988 POLICYNUMBER: PHPK097457 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: CITY OF SAN JUAN CAPISTRANO IT 'S OFFICERS, OFFICIALS, EMPLOYEES, AGENTS AND REPRESENTATIVES 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. CG 20 26 11 85 Copyright, Insurance Services Office, Inc., 1984 ❑ / GREGORY A.BUSCH,CPA• 2532 Dupont Drive TIMOTHY R BUSCH,I D.,CPA•,0 MICHELE S.FISCHBEIN,LD.,LL M Irvine,CA 92612-1524 DUSTIN HANRINs,I D. PH.(949)474-7368 SCOTT A.HARSHMAN,LD.,LL M. STEVEN P.HOWARD,I.D.,CPA,LL M FAX(949)474-7732 SEAN R MRWAN,1 D. DAVID L.KELIGIAN,LD.,CPA,WA ALSO LICENSED IN GEORGE P.MULCAIRE,I.D.,LL.M. C W ASMNOTON,D C SHEILA M.MULOOON,LD. -MICHIGAN RICK S.WEINER,I.D.,CPA- InXAS Finn . . •NEVADA OF COUNSEL -UTAH LAYNETRUBNFORtF1DThe BuscNOTLICENSEDTO INTERNET USCADDRESSI'. PRACTICE LAW MAI EL@BUSCHFIRM.COM(E-MAIL) ••NOT LICENSED TO WWW.BUSCHFIRM.COM(HOME PAGE) Attorneys and Counselors at Law PRACTICE LAW Y IN CALIFORNIA CERTIFIED SPECIALIST IN ESTATE PLANNING,TRUST, AND PROBATE LAW BY THE STATE BAR OF CALIFORNIA BOARD OF LEGAL SPECIALIZATION April 20, 2005 Office of the City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Ms. Meg Monahan Re: Junipero Serra High School Development Agreement between City of San Juan Capistrano and Pueblo Serra Worship Holdings Our File No. 2364-C-4.65 and 2364-I-4.8 Dear Ms. Monahan: Pursuant to Article 8 of the above referenced Development Agreement, attached is the required Certificate of Liability Insurance, naming the City of San Juan Capistrano, its officers, officials, employees, agents and representatives as additional insureds. If you have any questions, please do not hesitate to call me. Very truly yours, GEORGEVM MULCAIRE on behalf of THE BUSCH FIRM (949)474-7368 Ext.205 email: gmulcaire@buschfirm.com efax: (978)359-6394 GPM/llw Enclosure cc: Sam Shoucair, Senior Engineer,City of San Juan Capistrano ecc: TRB;GPM 2364C\Conditions\City Clerk 042095 Ilw MAR-30-2005 1519 74`-1- .i65 4 SADDLEBACK INSURANCE 4_GRD - CERTIFIGAIt ter u1.9;;R1L.E . i .. 949_365 0242 P,01i01 OUCTM THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Bkie-Schafnitz Ins. Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Cense $0428915 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 202 Cabot Road, Suite 500 ALTER THE COVERAGE AFFORDED BY NE POLICIES BELOW. guns Niguel CA 92677-1251 Lone-. 949-365-5100 Fax;949-365-5161 INSURERS AFFORDING COVERAGE HAIGV DIS IN$URERA: Philadelphia Insurance q INSURER 0: 2L0 ThesBuntch�Eo'i=ip Holdings IN$URERc: 2932 DupN261r2� '"'� INSURER O: Irvipe C PtlsURER E: JVERAGES THE POLICIES OF INSURANCE OSTEO BELOW HAVE SEEN ISSUED TO THE INSURED NAKED ABOVE FOR THE POLICY PERIOD INDICATED.NOT WITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,TNF,INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. rR TYPEI;INSURAICE POLICYNUMBER DATE DATE MLND LMT* GENERAL LIABILITY EACH OCCURRENCE ISID00000 IL X X COMMERCIALGENERALLIABILITY PHPK0097457 10/15/04 10/15/05 PREMISES Eiocorellc. SIDDDDD WINS MADE X] OCCUR MED EXP(AM are Pb ) 15000 PERSONAL&ADV INJURY 51000000 GENERAL AGGREGATE &2000000 GEN L AGGREGATE LIMIT APPLIES PER'. PRODUCTS-COMPIOP AGG 52000000 POLICY J LOG AUTOMOBILE LIABILITY COMBINED SINGLE LIMI7 ANY AUTO (Ea sedd0Q S ALL OWNED AUTO$ ODILY INJURY SCHEDULED AUTOS (Pw Pe ) i MIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Pe a[cldol) 5 PROPERTY DAMAGE S (Par aWdenp GARAGE LIABILITY AUTO ONLY•EA ACCIDENT $ ANY AUTO OTHER THAN FA ACC S AUTO ONLY; ADIS S EXCEBSIUMBRELLA LIABILITY EACH OCCURRENCE $5,000,000 A X OCCUR EICLAIMSMADE PHUB037011 10/15/04 10/15/05 AGGREGATE S5,000,00-0- _ s DEDUCTIBLE $ X RETENTION SID DDD WORKERS COMPENSATION AND TWITT ORYL ER EMPLOYERS'LIABILITY E L.EACH ACCIDENT S OFFANY PROoPRIETOP/PARTNF.RIFJIEGUTIVE EL.DISEASE-EA EMPLO S �ER(MEMBER EXCLVDEOT II y-C daSDlba Pneer SPEDIAL PROVISIONS bllgv E1.01&EASE•POLKY LIMTT i OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSPNIENT I SPECIAL.PROVISIONS All operations of the named insured. *10 Day Notice of Cancellation in the event of non-payment of premium. The City of San Juan Capistrano, its officers, officials, employees, agents and representatives are named as additional insureds. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 11MRATIDI DATE THEREOF,THE ISSUING INSURERWILL ENDEAVORTO MAIL 30; DAYs INRmtN City of San Juan Capistrano NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO BO SO SMALL Attn-. Maria Guevara IMPOSE NO OBLIGATION OR LABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 32400 Paseo Adelanto San Juan Capistrano CA 92675 REPRESENTATIVES. AU A ACORD 25(2001108) ®ACORD CORPORATION 19N TOTAL P.01 �� CALIFORNIA TWENTY DAY PRELIMINARY NOTICE PREPARED FOR THE CLAIMANT BY IN ACCORDANCE WITH SECTION 3097 AND 3098,CALIFORNIA CIVIL ASSET RESEARCH SERVICES,INC.' CODE *'* THIS IS NOT A LIEN-'*' THIS IS NOT A REFLECTION ON PO Box 7562 Chandler,Arizona 85246-7562 THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR (480)9404290 Toll Free(800)783-9636 Fax(888)496-5736 NOTICE IS HEREBY GIVEN that: OWNER OR REPUTED OWNER OR PUBLI AGENCY REPUBLIC ELECTRIC CITY OF SAN JUAN CAPISTRANO LICENSE 647154 32400 EASED ADELANTO 371 BEL MARIN KEYS BLVD STE 200 SAN JUAN CAPISTRANO CA 92675 NOVATO CA 94949 415 884-3000 949 443-6356 CERTIFIED MAIL # 7119 6571 7070 0847 0866 LENDER OR REPUTED LENDER Has or will famish labor,services,equipment,or materials,generallydescribed as: WELLS FARGO BAA ELECTRICAL CONTRACTING AND ALL RELATED MATERIALS 2030 MAIN STREET #900 IRVINE CA 92614 To he furnished or furnished for the building,structure or the work of improvement CERTIFIED MAIL # 7119 6571 7070 0847 0873 described as follaws: CAMINO CAPISTRANO & JUNIPERO SERRA ROAD ORIGINAL OR REPUTED ORIGINAL CONTRACTOR SAN JUAN CAPISTRANO. CA 92675 BLUEFIN CONSTRUCTION INC ORANGE COUNTY. CALIFORNIA 26311 JUNIPERO SERRA ROAD #300 TROUBLESHOOT & REPAIR FLASHING TRAFFIC SIGNAL AT SAN JUAN CAPISTRANO CA 92675 JUNIPERO SERRA HIGH SCHOOL 949 496-1400 CERTIFIED MAIL # 7119 6571 7070 0847 0880 Name of Person or Finn who contracted for purchase of the labor,services, SUBCONTRACTOR with hom claimant h contracted ui ment,aror irls is: BLUEFIN CONSTRUCTION INC ATTN MAULENA KRISE 26311 JUNIPERO SERRA ROAD #300 BLUEFIN CONSTRUCTION INC ATTN MAULENA KRISE SAN JUAN CAPISTRANO CA 92675-1644 26311 JUNIPERO SERRA ROAD 0300 949 587-1100 SAN JUAN CAPISTRANO CA 92675-1644 949 587-1100 ALSO NOTIFIED PUEBLO SERRA WORSHIP HOLDINGS ATTN GAYLE ARNOLD An estimate of the total price of said labor,services,equipment or materials is: 2532 DUPONT DR 81500-00 IRVINE CA 92612 7119 6571 7070 0847 0897 ***NOTICE TO PROPERTY OWNER*** IF BILLS ARE NOT PAID IN FULL FOR THE LABOR, SERVICES, EQUIPMENT OR MATERIALS, FURNISHED OR TO BE FURNISHED, A MECHANIC'S LIEN LEADING TO THE LOSS, THROUGH COURT FORECLOSURE PROCEEDINGS OF ALL OR PART OF YOUR PROPERTY BEING SO IMPROVED MAY BE PLACED AGAINST THE PROPERTY EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL.YOU MAY WISH CA TO PROTECT YOURSELF AGAINST THIS CONSEQUENCE BY: (1) REQUIRING YOUR CONTRACTOR TO FURNISH A SIGNED RELEASE BY Z THE PERSON OR FIRM GIVING YOU THIS NOTICE BEFORE MAKING L PAYMENT TO YOUR CONTRACTORS, OR (2) ANY OTHER METHOD OR =n i M DEVICE THAT IS APPROPRIATE UNDER THE CIRCUMSTANCES. OTHER —I Z THAN RESIDENTIAL HOMEOWNERS OF DWELLINGS CONTAINING Z-G n FEWER THAN RIVE UNITS, PRIVATE PROJECT OWNERS MUST NOTIFY C-:)C') M THE ORIGINAL CONTRACTOR AND ANY LIEN CLAIMANT WHO HAS Dr PROVIDED THEOWNER WITH A PRELIMINARY 20-DAY LIEN NOTICE IN N A ACCORDANCE 1)=SECTION 3097 OF THE CML CODE THAT A NOTICE yT, m OF COMPLETION OR NOTICE OF CESSATION HAS BEEN RECORDED D ( v WITHIN 10 DAYS OF ITS RECORDATION. NOTICE SHALL BE BY = REGISTERED MAIL, CERTIFIED MAIL- OR FIRST CLASS MAIL. CD EVIDENCED BY A CERTIFICATE OF MAILING.FAILURE TO NOTIFY WILL _ EXTEND THE DEADLINES TO RECORD A LIEN. If THIS NOTICE IS GIVEN BY A SUBCONTRACTOR "0 HAS FAILED TO PAY ALL COMPENSATION DUE TO HIS OR HER LABORERS ON THE JOB, THIS NOTICE SHALL ALSO CONTAIN THE IDENTITY AND ADDRESS OF ANY LABORER AND ANY EXPRESS TRUST FUND TO IHV/Job# or Amends 55153 WHOM EMPLOYER PAYMENTS ARE WE AS FOLLOWS. Contract/Project #: P.O. # 91746 OFFSITE TRUST FUNDS TO WHICH SUPPLEMENTAL FRINGE BENEFITS ARE PAYABLE DATED 01/09/2007 •ASSET RESEARCH SERVICES,INC.IS ACTING ONLY AS LIMITED AGENT FOR THE CLAIMANT ASSET RESEARCH SE VICES,INC.as Limited Agent AND HAS NO AUTHORITY BEYOND THE PREPARATION OF DOCUMENTS NECESSARY TO IMPOSE A CLAIM OF LIEN TTIF ABOVE INFORMATION NEEDS VERIFICATION PRIOR TO FILING A LIEN BY ®2005 ASSET RESEARCH SERVICES,INC. FOR: REPUBLIC ELECTRIC LICENSE 647154 Doc#426167 CPRLM Rws#1 Batch#10202\2\08:14\A O_COPY Asset Research Services,Inc. `"' Main Office 12 Chandler AriBzona 7562 246-7562 i� .� ry eT20 0� � Post Office 85224 US POSTAGE 7119 6571 7070 0847 0866 IMPORTANT: CALIFORNIA TWENTY DAY PRELIMINARY NOTICE CPRLM# 426167 CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO CA 92675 GREGORY BUSCH,CPA* 2532 Dupont Drive TIMOTHY R.BUSCH,LD.,CPA,IU Irvine,CA 92612-1524 MICHELE S.FISCHBEIN,I D.,LL M DUSTIN T.HANKINS,I D. PH.(949)474-7368 SCOTT A.HARSHN[AN,1.D. LL M.► STEVEN P.HOWARD,J.D,CPA,LL.M. FAX(949)474-7732 SEAN R.KIRWAN,I D DAVID L KELIGIAN,I.D.,CPA,MBA ALSO LICENSED IN GEORGE P MULCAIRE,J.D.,LL M. FJ W ASHINGTON,D C SHEILA M.MULDOON,J D. 'MICHIGAN RICK S.WEINER,3 D,CPA.. '«µEV AOA The Busch Firm LIXAS CENSED OF COUNSEL "UTAH LAYNE T.RUSNFORiH,1 D."tr� •NOT LICENSED TO INTERNET ADDRESSPRACTICE LAW EMAIL@BUSCHFlRM.COM(E-MAIL) !� ♦0 NOT LICENSED To WWW BUSCHEIRM.COM(HOW PAGE) Attorneys and Counselors at Law PRACTICE LAW IN CALIFORNIA ►CERTIFIED SPECIALIST IN ESTATE PLANNING,TRUST, AND PROBATE LAW BY THE STATE BAR OF CALIFORNIA BOARD OF LEGAL SPECIALIZATION April 20, 2005 Office of the City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Ms. Meg Monahan Re: Junipero Serra High School Development Agreement between City of San Juan Capistrano and Pueblo Serra Worship Holdings Our File No. 2364-C-4.65 and 2364-I-4.8 Dear Ms. Monahan: Pursuant to Article 8 of the above referenced Development Agreement, attached is the required Certificate of Liability Insurance, naming the City of San Juan Capistrano, its officers, officials, employees, agents and representatives as additional insureds. If you have any questions,please do not hesitate to call me. Very truly yours, Z44- GEORGE . MULCAIRE on behalf of THE BUSCH FIRM (949)474-7368 Ext.205 email: gmulcaire@buschfirm.com efax: (978)359-6394 GPM/llw Enclosure cc: Sam Shoucair, Senior Engineer,City of San Juan Capistrano ecc: TRB;GPM 2364C\ConditioDs\City Clerk 042095 llw 16:41 949 363 0242 ,�'IAR-30-2005 15:19 SADDLEBACK INSURANCE IA�CCWD - CERTIFICAIt: Vr uMGIL.91 ■ 01...x. r __ _ _ 949 365 0242 MAKER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION :akke-Sahafnitz Ins. Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE .cense $0428915 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 1202 Cabot Road, Suite 500 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Lguna Niguel CA 92677-1251 12one: 949-365-5100 raz:949-365-5161 INSURERS AFFORDING COVERAGE NAIC0 LURED INSURERA: Philadelphia Insurance INSURER B: eblo Berra Worship Holdings INsuRERc: c a e Busch Firm 2 321"vWIrvinepAtDIA'_vINSURER p: INSURER E: OVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED 480VE FOR THE POLICY P RIOO INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR GQNOOION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY DE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREINIS SUBJECT TO ALL THE TERMS.EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TR TYPE Of INSURANCE POUCYNUMBER DATE DA7 MWb LIMITS GENERAL LIABILITYEACH OCCURRENCE 91000000 A X X COMMERCIALGENERALLIABILITY PHP 10097457 10/15/04 10/15/05 PREMLSES EslK4wmm 3100000 CLAWS MADE a]OCCUR MED EXP(my MP perw) $5000 PERSONAL S ACV INJURY $ 1000000 GENERAL AGGREGATE $2000000 GEN L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGO s2000000 POLICY ZE LOC AUTOMOBILE LVaIUTY COMBINED SINGLE UNIT ANY AUTO (Es oaadeAO 3 -7 ALL OWNED AUTOS BODILY INJURY S SCHEDULED AUTOS (PO'Os'sdA) HIRED AUTOS BODILY INJURY NOWOWNED AUTOS IftwaWdeM) s PROPERTY DAMAGE S (Par SWde.) GARAGE LIABILITY AUTO ONLY-FA ACCIDENT 3 ANY AUTO OTHER THAN FA ACC 3 AUTO ONLY: AOG S iXCFSSkWERELLA LIABILITY EACH OCCURRENCE $ 3,000,000 A X OCCUR El CLAIMS LADE PHUB037011 10/15/04 10/15/05 AGGREGATE s51000 000 s DEDUCTIBLE --� 3 X RETENTION S10,000 $ WORKERS COMPENSATION AND TO_ WDRV LWl S ER EMPLOYERS LIABILITY E.L.EACH ACCIDENT s AMY PROPRIETORIPARTNERIEXECUTIVE OFFICEWMEMBER EXCLUDED'+ E.L.DISEASE-EL EMPLOYEE,$ V yee,BaRrlbe ui,der SPECIAL PROWSIONS below E.L.DISEASE•POLICY LIMIT I$ OTHER OESCRIPTI Oi OPERATIONS I LOCATIONS I VEHICLES I E%CL ION$ADDED By ENDORSEMENT I SPECIAL PROVIBIONS All operations of the named insured. '910 Day Notice of Cancellation in the event of non-payment of premium. The City of San Juan Capistrano, its officers, officials, employees, agents and representatives are named as additional insureds. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES Be CANCELLEO BEFORE TILE 00"IA WN DATETHVMOF,THEISSUWOMSURERWILLENDFAVORTOAWL 30`e DAY3wxmvN City of San Juan Capistrano NOTICE TO THE CERTIFICATE HOLDER NAMEDTO THE LER,BUT FAILURE TO DO SO SMALL Attn: Maria Guevara IMPOSE NO OBLRATION OR LIABILITY OF ANY RIND UPON THE INSUREA IT$AGENTS OR 32400 Paseo Adelanto San Juan Capistrano CA 92675 REPALWENTATIVEI. AU R A ACORD 25(2001108) m ACORD CORPORATION 198 TOTAL P.01 �I 32400 PASEO ADEI-ANTO SAN JUAN CAPISTRANO,CA 926751 (IRPORRUD MEMBERS OF TRE CITY COUNCIL (949)493-1171 tt1ABISAm II 1961 SAM ALLEVATO (949)493-1053 FAX 1776 DIANE L.BATHGATE WWW.sanJaancapis[rano.olg WATT KART JOE DAVIDD M.M.SWERDLIN October 15, 2004 Linda Wong Busch Firm 2532 Dupont Dr. Irvine, CA 92612 Re: Pueblo Serra Development Agreement Dear Linda, Per your request I'm forwarding a copy of the Pueblo Serra recorded development agreement. Ifyoune d any further assistance, please give me a call at (949) 443- / Si !f ria ev ra Administ a ve Secretary San Juan Capistrano: Preserving the Past to Enhance the Future ® W MEMBERS OF THE CITY COUNOrL ./.� IA(/AroA1t(1 SAM ALLEVATO 32400 PASEO AOELANTO (S1A11191% 1961 DW4E L.BATV"TE SAN JUAN CAPASTRANO,GA 92675 1776 WYATT HART (949)493-1171 • • JOE SOTO (949)49&105 OAvro M.sWEROLIN wwwsanjuancapjsfrpistrana.org September 22, 2004 Clerk-Recorder's Office County of Orange P.O. Box 238 Santa Ana, California 92701 Re: Develo ment nt— }Serra — APN 649-361-03, 649-011-025; 649-011-30 Count of Orange, CA A SENT VIA CERTIFIED MAIL The noted document is enclosed for recording: When placed of record, please return the recorded document to this office. Thank you for your assistance. Very truly yours Ma gar t R. Monahan Ci y Cie k C oily Bogh, Planning L Ram 4 If Rlete estricted Dems 1. elivery Is desireand 3.Also d late X 59netare CT ❑A� ■ Print your name and address on the reverse 1.8.VAL O 0 Addres so that the Can retum the Card to you. B. Received by(Prated Name) 0.Date of Delh ■ Attach this card to the hack of the mailplace, or on the front If space permits. D. Is delNery address Warentf m kem N C3 Yes ewlrrn Anr+mnon.r r� If YES,enter 13 No 11rLr,rlr11r1rIlLrrrrrllkrdll 73r07242mo Clerk-Recorder's OfficeCounty of Orange P.O. Box 238 s c, Santa Ana, California 92701 "°0d C3 Realetered - m for Merchant 13 Insured Maw o M a Reetrlctted Dellveyl(Erba feel 0 Yea Z' Article" (rransrter aqn 84- - - - 7003 3110 0001 7752 6122 PS Form 3811,'Adgu*20Dt ;;; ?DbAr6sddRewriA R..pt to saxar-, San Juan Capisl _____ . dww, 32400 PASEO ADELANTO SAN JUAN CAPISTRANO,OA 92675 Inm1v111rt1 MEMBERS OF THE CITY COUNCIL (949)493.117115117760 1961 SAM ALLEVATO (949)493-1053 FAX DIANE L.BATHOATE www.sanjuancapistrano.org • NNATT HART JOE D M. TO September 22, 2004 DAVID SWERDLIN Mr. George P. Mulcaire The Busch Firm 2532 Dupont Drive Irvine, CA 92612-1524 Dear Mr. Mulcaire: Enclosed is an executed, original Development Agreement (Pueblo Serra Worship Holding), per your request. It was approved by the City Council through adoption of Ordinance No. 897, on September 7, 2004. An original, executed agreement has also been forwarded to the Orange County Recorder. I expect the recorded document back in thrcp w .eks. If you would like a copy of the recorded document, please con+ Secretary (949) 443-6309 and she will forward one v $ . z ffi Yours truly, 1313 °° p U ru QJ� rL GEO S o • N M Meg M aha , CMC W s City erk y v M1 bblN en osed: reementLD � ❑ 0 11 1 cc: John Shaw, City Attorney j ,�, C Molly Bogh, Planning Director e k Eli 'i 13° e � Bill Cunningham, Consultant Planner M m g � ffi _a r` CD m 11-0 11JAD8 O c _ mac ft z co cu Vp = o` ONU M a3.p N O r San .Tuan Capistrano: Preserving the ? � � GREGORY A BUSCH,CPA. 2532 Dupont Drive TIMOTHY R BUSCH,LD,CPA.,l P SCOTT A_HARRHMAN,J D.,LL M. Irvine,CA 92612-1524 STEVEN P.HOWARD,J D.,CPA,LL M. DAVID L KELIGIAN,I.D.CPA,A0A PH.(949)474-7368 GEORGE P.MTC cAIRE,J D,LLM. FAX(949)474-7732 SHEILA M.MULDOON,)D. DOUGLAS A.SCHELLENVISHO,CPA♦ ALSO LICENSED IN. RICKS WEINER.J D,CPA" IJWASHINGTON,D.C. The BuschFirm 'MICHIGAN OF COUNSEL', ..NEVADA LAYNE T.RUSIffORTH,J D. +H♦ +TEXAS Counselors INTERNET ADDRESS. Attorneys and Counselors at Law *NOT LICENSED TO EMAIL@BUSCHPIRM.COM(E-MAIL) L PRACTICE LAW WWW.BUSCHFIRMCOM(HOMEPAGE) •♦NOT LICENSED TO PRACTICE LAW INCALIFORNIA September 10, 2004 John Shaw,Esq. City Attorney City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Re: JSerra High School Development Agreement—Our File No. 2364-I-4.8 Dear John: In connection with the Development Agreement by and between the City of San Juan Capistrano ("City") and Pueblo Serra Worship Holdings ("Developer"), attached are three sets of the Development Agreement including Exhibit A, originally signed on behalf of Developer. Please cause the Development Agreement to be signed by the City and notarized, and please send one original back to me. It is my understanding that once executed, the City will have the Development Agreement recorded. I would like to receive an endorsed copy also for our file. V truly yours, GEORG . MULCAIRE on behalf of THE BUSCH FIRM (949)474-7368 Ext.205 email: gmulcaire@buschfirm.com efax: (978)359-6394 GPMfllw Enclosures icc: John Ramirez eicc: TRB;GPM etckl:GPM: LLW:09:21:04 23641\City of SIC\Shaw 091004 Ilw Memo: To: City Clerk From: City Attorney Re: Jserra Executed Development Agreement Date: September 20, 2004 Attached are three executed originals, as signed by Jserra. I have signed off as to form. The Mayor will now need to sign with notarization. Jserra has asked for return of one original and a copy of the returned recorded copy. 09/07/2004 SUPPLEMENTARY AGENDA REPORT H 1 TO: Dave Adams, City Manager$ Vie' FROM: Meg Monahan, City Clerk SUBJECT: Consideration of an Ordinance Approving the Development Agreement Between the City and Pueblo Serra Worship Holdings (JSerra) RECOMMENDATION Following reading of the ordinance by title, By motion, waive full reading of the ordinance and adopt the ordinance approving the development agreement between the City and Pueblo Serra Worship Holdings. SITUATION: The City Council routinely approves reading of ordinances by title only as part of the Consent Calendar. This supplementary report has a revised motion that also waives the reading of the ordinance at the adoption of the ordinance. The ordinance is entitled: AN ORDINANCE APPROVING AND ADOPTING A DEVELOPMENT AGREEMENT FOR THE JSERRA HIGH SCHOOL PROJECT (PUEBLO SERRA, INC.) RECOMMENDATION Following reading of the ordinance by title, By motion, waive full reading of the ordinance and adopt the ordinance approving the development agreement between the City and Pueblo Serra Worship Holdings. Respectfully submitted, Meg M aha City Clerk • • 9/7/2004 ` H1 AGENDA REPORT TO: Dave Adams, City Manager (4)-F\ FROM: Meg Monahan, City Clerk SUBJECT: Consideration of an Ordinance Approving the Development Agreement Between the City and Pueblo Serra Worship Holdings (JSerra) RECOMMENDATION: Following reading of the ordinance by title, By motion, adopt the Ordinance approving the development agreement between the City and Pueblo Serra Worship Holdings. SITUATION: The City Council approved first reading and introduction of the following Ordinance at the meeting of August 31, 2004. The Ordinance is entitled: AN ORDINANCE APPROVING AND ADOPTING A DEVELOPMENT AGREEMENT FOR THE JSERRA HIGH SCHOOL PROJECT (PUEBLO SERRA, INC.) The Ordinance is presented to the City Council for second reading and adoption. The Ordinance will go into effect 30 days after it is adopted by the City Council. The Office of the City Clerk will also coordinate the necessary publication and posting of notices. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: None FINANCIAL CONSIDERATIONS: None NOTIFICATION: None Agendp Report • • Page 2 September 9, 2004 RECOMMENDATION: Following reading of the ordinance by title, By motion, adopt the Ordinance approving the development agreement between the City and Pueblo Serra Worship Holdings. Respectfully submitted, M g Mon han, City Clerk A ach nt: 1. Ordinance , ORDINANCE NO. 897 AN ORDINANCE APPROVING AND ADOPTING A DEVELOPMENT AGREEMENT FOR THE JSERRA HIGH SCHOOL PROJECT(PUEBLO SERRA, INC.) The City Council of the City of San Juan Capistrano hereby ordains as follows: Recitals: WHEREAS, on July 25, 2002, citizens of the City of San Juan Capistrano commenced circulation of the self-described "JSerra Education Initiative"("the Initiative'); and, WHEREAS, the Initiative amended the City's General Plan and zoning requirements to permit a private high school on real property described as Assessor's Parcels Numbers 649-361-03, 649-011-025, and 649-011-30; and, WHEREAS, Pueblo Serra, LLC and Pueblo Serra, Inc. ("the Developer") own and operate the private high school; and, WHEREAS, the City Council adopted the Initiative on May 19, 2003 pursuant to the requirements of the State Elections Code; and, WHEREAS, City and Developer agree to enter into a Development Agreement pursuant to Government Code section 65864 et seq., for the purpose of allowing City to obtain valuable public revenues to offset costs for Cit services such as police, fire, and recreational services and certain traffic mitigation measure, while at the same time providing assurances to Developer that the subject property can be developed in accordance with applicable General Plan and zoning requirements; and, WHEREAS, the City Council finds that the Development Agreement is consistent with the all General Plan elements and the Architectural Control Application for this project; and,— WHEREAS, the City Council has determined by Resolution that the EIR is in full compliance with CEQA and made specific findings in support thereof, NOW THEREFORE, pursuant to Government Code sections 65864 et seq., the City Council does hereby approve and adopt the Development Agreement for the JSerra high school project, which is attached as Exhibit Z, and incorporated herein by reference. The Mayor is authorized to execute said agreement on behalf of the city of San Juan Capistrano. 1 09-07-2004 City Clerk's Certification: The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption as required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance; and, within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summaryan II post a certified copy of this Ordinance, together with the vote for and ainst t e sin the Office of the City Clerk. 0 JOE S O, M Y R ATTEST: M R ARET R. MONAHAN, CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing is a true and correct copy of Ordinance No. 897 which was regularly introduced and placed upon its first reading at the Regular Meeting of the City Council on the 31s` day of August 2004 and that thereafter, said Ordinance was duly adopted and passed at the Regular Meeting of the City Council on the 7'h day of September 2004 by the following vote, to wit: AYES: COUNCIL MEMBERS: Allevato, Swerdlin, Hart & Mayor Soto NOES COUNCIL ME BE Fl, AB$ T: CO NCIL 1 � MA A ET R. MONAHAN, City Clerk 2 09-07-2004 EXHIBIT Z Recording Requested by And When Recorded Return to: Meg Monahan City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, Ca. 92675 [Exempt From Recording Fees-G.C. 6103] DEVELOPMENT AGREEMENT (Assessor's Parcel #649-361-03; 649-011-025; 649-011-30, County of Orange, California) This Development Agreement is made this _day of 2004, by and between the City of San Juan Capistrano ("City') and Pueblo Serra Worship Holdings, a California not for profit religious corporation ("Developer'). The City and Developer are also referred to as "Parties" and individually as a "Party". RECITALS Whereas, Developer owns in fee simple title approximately 9 acres of real property adjacent to, and east of, Camino Capistrano and northerly of Junipero Serra Road and designated as Orange County Assessor's Parcel # 649-361-03. Developer currently has a vested leasehold interest in approximately 29 acres of unimproved real property southerly of Junipero Serra Road and designated as Orange County Assessor's Parcel # 649-011-025, & 649-011-30. All three above stated parcels are collectively referred to herein as the "Subject Property", and Whereas, Assessor's Parcel # 649-361-03 is commonly referred to as the "north campus' and Assessor's Parcels # 649-011-025 & 649-011-30 are commonly referred to as the "south campus", and Whereas, on or about July 25, 2002, citizens of San Juan Capistrano commenced circulation of the "JSerra Education Initiative" which is hereby expressly incorporated by this reference as if set forth in full ("the Initiative'), and Whereas, the City Council on May 19, 2003 adopted the Initiative pursuant to the requirements of the state Elections Code, and 1032/022359-0003 515451.02 x09/07/04 23641\City of SJC/Development Pyr betw PSW H and City CLI 1 Whereas, on June 30, 2004, the California Court of Appeal, in Native American Sacred Site and Environmental Protection Association v. City of San Juan Capistrano (Case. No. G033198) affirmed that the City's adoption of the Initiative on May 19, 2003 was lawful; and Whereas, the Initiative contains General Plan and zoning regulations that allow the previously-entitled structures on the north campus to be used as a private Catholic high school and also allow the development of supporting school facilities on the south campus, and Whereas, construction of improvements on the south campus parcels as applied for by Developer entail Architectural Control land use approvals from the City, and Whereas, the Parties agree that this Agreement will promote and encourage the development of the Subject Property by providing the Developer, and its successors, assigns, and lenders, with a greater degree of certainty as to the Developer's ability to complete the Project, and that the consideration to be received by the City pursuant to this Agreement and the rights secured to Developer hereunder constitute sufficient consideration to support the covenants and agreements of the Parties, and Whereas, the Agreement provides a mechanism by which the City can obtain valuable public revenues which will assist in the long-standing, desired economic development of the Subject Property and which will offset costs for City services such as police, fire, and recreational services, while at the same time ensuring the prompt processing of applications for the development and operation of a Catholic high school on the Subject Property; and Whereas, the City has processed, considered, and approved an environmental impact report that has fully analyzed the environmental impacts of the project NOW, THEREFORE, City and Developer mutually agree as follows: ARTICLE 1. General Provisions. 1.1 Ownership of the Property. The City and Developer acknowledge and agree that Developer has the requisite legal or equitable interest in the Subject Property, and thus, Developer is qualified to enter into and be a party to this Agreement in accordance with Government Code section 65865(b). 1.2 Assignment of Rights. Developer shall be permitted to assign or otherwise transfer this Agreement, and its rights and obligations hereunder, to any other person, firm or entity, but only if the prior 1032/022359-0003 515451.02 a09/07/04 23641\City of SJC/Development Agr betw PSWH and City CL1 2 • written consent of the City or the City's delegate is obtained. Such consent of the City shall not be unreasonably withheld. Notwithstanding any other provisions in this Agreement (including, but not limited to, the previous two sentences), Developer or its successors in interest may assign or otherwise transfer this Agreement and its rights and obligations hereunder to any entity or entities owned or controlled either directly or indirectly by Junipero Serra High School, a California non-profit religious corporation ("JSerra High School") (each such entity being a "Permitted Transferee"). Assignments or transfers of the Agreement, or rights or obligations thereunder, to a Permitted Transferee do not require. the prior written consent of the City, such consent being affirmatively given herein. As used in this subsection "owned or controlled bar' means an entity in which JSerra High School has either a direct or indirect equitable or beneficial ownership interest equal to at least 25% or an amount sufficient to exercise control, or a limited liability company in which Timothy R. Busch or an entity controlled by Timothy R. Busch serves as a 'managing member. The provisions of this Agreement shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns. To the extent of the interest of the Developer, and its assigns, in the Subject Property, the covenants of Developer set forth in this Agreement shall be covenants running with the land and enforceable to the full extent permitted by applicable law. 1.3 Term. Unless otherwise terminated as provided in this Agreement or otherwise provided, this Agreement shall continue in full force and effect for a period of 20 years from its effective date. ARTICLE 2. Development of the Property. 2.1 Vested Right to Develop. Pursuant to Government Code sections 65865.4 and 65866, Developer is obtaining vested rights to develop the Subject Property in accordance with applicable General Plan — and zoning regulations, as amended by the Initiative, the terms of this Agreement, and Architectural Approval (AC) 02-07. Unless amended or terminated in the manner specified in this Agreement (and subject to the provisions of this Agreement), Developer shall have the rights and benefits afforded by this Agreement and this Agreement shall be enforceable by Developer and the City notwithstanding any growth control measure or any development moratorium adopted after the Execution Date, or any change in applicable general or specific plans, zoning, or subdivision regulation adopted by the City which alter or amend the City's General Plan or Zoning Code or effect a change to City policies that prevent or materially adversely affect development of the Project as 1032/022359-0003 515451.02 a09/07/04 23640City of SJC/Development Agr betty PSW H and City CLI 3 contemplated by this Agreement and Architectural Approval (AC) 02-07. Developer agrees to comply with all conditions of approval imposed on the project through City's adoption of Architectural Approval (AC) 02-07 . 2.2 Permitted Uses. (a) Unless otherwise provided by this Agreement, the land use rules, regulations and official policies governing the permitted uses of the Subject Property, governing density, design, improvement, and construction standards and specifications, applicable to development of the property shall be those rules, regulations, and official policies set forth in the Initiative, the Architectural Approval, and the land use rules, regulations, and official policies in force at the time of the execution of the agreement. Pursuant to Government Code section 65866, the City in subsequent land use actions applicable to the Property may apply new rules, regulations, and policies which do not conflict with those rules, regulations, and policies which ale applicable to the Subject Property. (b) In addition, at no time shall the student population of the school exceed 2,000 full time equivalent students. Full time equivalent students does not include individuals who are not enrolled in the school and who attend after school programs at the school facilities. (c) Performing Arts Center. Developer intends to propose a Performing Arts Center on the South Campus at a future point in time. Developer may apply for an exception to the City's 35 foot height rule as part of an architectural control ("AC") application by filing an exception request with the AC application. The following criteria shall apply in the Planning Commission's determination of whether to grant a height limitation exception: (1) whether the design and layout of the structure is compatible with surrounding land uses; (2) whether the general design considerations, including the character, scale, and quality of the design are consistent with the City's Design Guidelines; (3) whether the design and layout would pose significant impairment of view sheds; (4) whether Developer has demonstrated that feasible design solutions have been studied such that the specific height proposed represents the only feasible means available to construct the proposed structure. (d) If any provision of the City's Title 9 Zoning regulations otherwise applicable to the South Campus project is found to be in conflict with the Architectural Control approval for the South Campus or the terms of this Development Agreement, then the Architectural Control approval and the Development Agreement shall control and supercede the conflicting provisions in the City's Zoning Regulations. 2.3 Future Developer Requested Land Uses Changes. Developer shall not be entitled to any change, modification, revision or 1032/022359-0003 515451.02 a09107104 23641\City of SJCIDevelopment Agr betty PSW H and City CL1 4 alteration in applicable General Plan and zoning regulations or Architectural Control (AC) 02-07 without review and approval by the City in accordance With City's Municipal Code requirements as they relate to modification of such land use entitlement requirements. 2.4 Future Voter Actions. Notwithstanding any other provision of this Agreement to the contrary, any general plan amendment, zoning ordinance or regulation, or any other law, policy, or procedure adopted by the voters of the City after the Execution Date of this Agreement shall not apply, in whole or in part, to the Subject Property or the JSerra High School project, unless such voter approved amendments expressly further the development of the Subject Property for the JSerra High School Project. Additionally, because the Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Cal.3d 465 that the failure of the parties therein to provide for the timing of development permitted a later enacted ordinance restricting the timing of development, it is the intent of the Developer and the City to hereby acknowledge and provide a right for the Developer to develop the Project in such an order and at such rate and time as Developer deems appropriate within the exercise of its sole and subjective business judgment. 2.5 Reservation of Authority/Exceptions. Notwithstanding any other provision of this Agreement, the following additional subsequent land use regulations shall apply to the development of the Subject Property: (a) Processing fees and charges of every kind and nature imposed or enacted by the City to cover the estimated actual costs to the City of processing applications for land use approvals or for monitoring compliance with applicable land use approvals; (b) Procedural regulations consistent with this Agreement relating to hearing bodies, applications, notices, findings, records, hearing, reports, recommendations, appeals and any other matter of procedure; (c) Changes adopted by the International Conference of Building Officials, or other similar body, as part of the then most current versions of the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, Uniform Mechanical Code, National Electrical Code, or Dangerous Building Code. 103210223594=3 515451.02 a09107/04 2354ACily of SJC/Develogment Agr betw PSW H and City CL1 5 (d) Regulations that are in conflict with Developer's Project provided Developer has given written consent to the application of such regulations to the Subject Property. I (e) (e) Federal, state, county, and multi-jurisdictional laws and regulations which the City is required to enforce as against the Subject Property or development of the Subject Property. (f) Utility connection fees which would ordinarily be required to be paid by Developer. (g) Regulations that do not apply to the development of the Subject Property but to future potential temporary uses such as temporary use permits. 2.6 Modification or Suspension by Federal, State, County, or Multi- Jurisdictional law. In the event that federal, state, county, or multi-jurisdictional laws or regulations, enacted after the effective date of this Agreement, prevent or preclude corppliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such federal, state, county, or multi-jurisdictional laws or regulations, and this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provision impractical to enforce. ARTICLE 3. PUBLIC BENEFITS 3.1 General. The Parties acknowledge and agree that Developer's Project will result in demands on public services and further acknowledge and agree that this Agreement confers unique benefits to Developer that can be balanced by the provision of public benefits to the City. Accordingly, the Parties intend by this Agreement to provide additional consideration to the public that _ exceeds the costs attributed to the demands on public services created by the project. 3.2 Per Student Fee Imposition. Developer shall make payments to the City as follows: 3.2.1 For the school year commencing September 1, 2005 through August 31, 2006, Developer shall pay City a single Per Student Mitigation Fee of One Hundred Seventy-Two Thousand Dollars ($172,000). 3.2.2 For the school years commencing September 1, 2006 through August 31, 2007 and each school year thereafter for 1032/022359-0003 515451.02 a09/07104 23641tCily of SJC/Development Age betw PSW H and City CL1 6 the duration of this Agreement, Developer shall pay the City an annual fee ("Per Student Mitigation Fee") equal to Two Hundred Dollars ($200) per student enrolled in the regular full time curriculum at the School as of October 1, but in any event not less than Two Hundred Thousand Dollars ($200,000) per school year. As an example, if during the September 1, 2006 through August 31, 2007 school year, Developer has a student enrollment of 500 students, Developer shall pay the City $200,000 to cover the annual payment for that school year ($200 x 500= $100,000, which is less than $200,000). If, however, during this same school year, Developer has a student enrollment of 2,000 students, Developer shall pay the City Four Hundred thousand Dollars ($400,000) for that school year ($200 x 2,000= $400,000). 3.2.3 In addition to the above provisions, commencing the third year the Per Student Mitigation Fee (initially at $200 per student) is to be paid by Developer bursuant to Section 3.2.2, the Per Student Mitigation Fee shall be increased two percent (2%) per year(on original base amount). 3.2.4 The Parties expressly acknowledge that at this point in time, it is unclear whether the Subject Property will be deemed by the applicable authority to be exempt from the payment of real property taxes. To this end, notwithstanding any of the provisions of this Agreement, if the Subject Property is not deemed to be tax exempt in its entirety, Developer shall continue to be obligated to pay the annual Per Student Mitigation Fee set forth above, but the amount due shall be reduced by an amount equal to the sum of (1) the gross real property taxes and assessments attributable to the Subject Property that is allocated to (a) the City, (b) City-controlled special districts, and (c) other City-controlled taxing entities, and (2) the gross property tax increment attributable to the Subject Property allocated to the Community Redevelopment Agency of the City pursuant to Health and Safety Code section 33670(b) or successor statute (collectively, the "City/Agency Property Tax Allocation"). The City/Agency Property Tax Allocation shall not include the diversion of all or a portion of City or Agency property tax receipts attributable to the Subject Property to the Educational Revenue Augmentation Fund, but shall include all other tax amounts attributable to the Subject Property which would otherwise be received by the City or Agency but for the other acts of the County of Orange, State of California, or federal government. If the Per Student 10371022359-0003 515451.02 a09107/04 2364ACily of SJC/Development Agr betw PSWH and City CL1 7 Mitigation Fee is less than zero (e.g., City/Agency Property _ Tax Allocation exceeds the Per Student Mitigation Fee owed k for a particular year), Developer shall not be obligated to f make any Per Student Mitigation Fee Payment for that school year and the amount less than zero shall be carried over to the following year and added to the City/Agency Property Tax Allocation for the following year. The City/Agency Property Tax Allocation is determined on the basis of a July 1 to June 30 fiscal year. The City/Agency Property Tax Allocation for a particular fiscal year shall correspond to the school year falling principally within the fiscal year (e.g., the City/Agency Property Tax Allocation for the period July 1, 2005 to June 30, 2006, shall apply to the school year falling September 1, 2005 to August 31, 2006). 3.2.5 Notwithstanding the provisions of Sections 3.2.1 through 3.2.4 above, the Per Student Mitigation Fee shall never exceed, per fiscal year, that amount equal to the City/Agency Property Tax Allocation the City, City-controlled special districts, other City controlled taxing entities, and the Community Redevelopment Agency of the City of San Juan Capistrano would have received if the Subject Property was not deemed to be tax exempt. The parties expressly agree that the purpose of this provision is to ensure that no party obtains a financial windfall. 3.2.6 Timing of Payment. Developer shall be obligated to make the Per Student Mitigation Fee for the school year falling principally within the corresponding fiscal year and such payment shall be made within sixty (60) days after such fiscal year ending June 30, subject to notification of Developer of the amount due, if applicable. 3.2.7 Interest Penalty for Late Payments. If Developer fails to make a payment of the Per Student Mitigation Fee to the City (if required when the credit for the City/Agency Property Tax Allocation is applied) within four (4) weeks from delivery of written notice from the City setting forth the amount of the Per Student Mitigation Fee due for such year, then a penalty at the rate of the Prime Rate plus three percent (3%) per annum shall be applied to the payment. For purposes of this section, the applicable Prime Rate shall be published in the Wall Street Journal on the 15th day of the prior month (or preceding business day if the 15th day is not a business day). 10321022359-0003 515451.02 a09107104 235411City of SJGDevelopment Agr betty PSW H and City CU 8 3.2.8 Reconciliation of Per Student Mitigation Fee Payments. The Parties hereby expressly acknowledge and agree that the Per Student Mitigation Fee Payments may need to be reconciled on a yearly basis to ensure effectuation of and adherence to the Parties' intentions as expressed in this Article. To this end, the Parties agree to create a mechanism by which to ensure that no overpayments or underpayments of the Per Student Mitigation Fee Payments are made. 3.2.9 Security. If Developer fails to make a Per Student Mitigation Fee payment to the City (if required when the credit for the City/Agency Tax Allocation is applied) within four (4) weeks from delivery of written notice from the City setting forth the amount due, Developer shall be required to provide immediate payment of the amount in arrears and shall also be required to immediately deposit with City, to be held in trust in a separate, segregate8 fund, $200,000 to cover one year's worth of a Per Student Mitigation Fee Payment. This amount held in trust shall not be expended by the City for any purpose, and shall be held as security for Developer's obligations set forth herein. The $200,000 security shall be held in an interest bearing account to be mutually agreed upon by Developer and the City, with interest bearing on the account to be payable to the Developer on January 31 of every year. 3.2.10 Audit. City at its discretion is entitled to request and Developer shall cooperate with a third party audit of school records pertaining to the student fee obligation. 3.3 Joint Public Use of Project Facilities. Developer and City agree to enter into a memorandum of understanding for the joint use of certain designated portions of the south campus facilities by the — City. The Parties acknowledge that the "Joint Facilities Use Agreement", dated April 22, 1996, between the City and the Capistrano Unified School District will serve as a model of the memorandum of understanding to be entered into between the City and Developer pursuant to this Section. 3.4 Financial Aid for, and Outreach to, City Children. Developer agrees to designate a portion of its financial aid program exclusively for children of City residents. A committee made up of local individuals (e.g., a Councilmember, Developer representative, cultural commission member, etc.) will distribute awards. Such awards shall be reviewed and approved by JSerra's financial aid 7032/022359-0003 515451.02 x09/07104 23641%City of SJCIDeVelopment Agr Detw PSWH and City CLI 9 committee. Developer also shall adopt a proactive outreach 1 program to attract students from the City focusing particularly on the economically distressed areas of the City. 3.5 Commitment to On-Site Private Security. Developer agrees to provide private, 24-hour security at the School utilizing a combination of electronic monitoring systems and patrols. 3.6 Traffic Mitigation Obligation. Developer shall perform certain traffic impact mitigation activities more particularly set forth in Exhibit A, attached and incorporated herein by reference, under the terms and conditions as set forth in Exhibit A. ARTICLE 4. REVIEW FOR COMPLIANCE 4.1 Periodic Review. The City Council shall review this Agreement annually, on or before the anniversary of the Effective Date, in order to ascertain the good faith compliance by Developer, with the terms of the Agreement. As part of that review, Developer shall submit an annual monitoring review statement describing its actions in compliance with the Agreement, in a form acceptable to the City Manager or his/her authorized designee, within thirty (30) days after written notice therefrom requesting such a statement. The statement shall be accompanied by an annual review and administration fee sufficient to defray the estimated costs of review and administration of the Agreement during the succeeding year. The amount of the annual review and administration fee shall be the actual costs incurred by City as determined by the City Manager, but not to exceed $1,000 without the express prior approval of the Developer. No failure on the part of the City to conduct or complete the review as provided herein shall have any impact on the validity of this Agreement. 4.2 Special Review. The City Council may, in its sole and absolute discretion, order a special review of compliance with this Agreement at any time at City's sole cost. Developer shall cooperate with the City in the conduct of such special reviews. 4.3 Procedure. Each Party shall have a reasonable opportunity to assert matters which it believes have not been undertaken in accordance wit the Agreement, to explain the basis for such assertion, to receive from the other Party a justification of is position on such matters. 1 4.3.1 If on the basis of the Parties' review of any terms of the Agreement, either Party concludes that the other Party has 1032/022359-0003 515451.02 a09107/04 23641\City of SJC/Development Agr betw PSW H and City CLI 10 not complied in good faith with the terms of the Agreement, then such Party may issue a written "Notice of Non- Compliance" specifying the grounds therefore and all facts demonstrating such non-compliance. 4.3.2 The Party receiving a Notice of Non-Compliance shall have thirty (30) days to cure or remedy the non-compliance identified in the Notice of Compliance, or if such cure or remedy is not reasonably capable of being cured or remedied with such thirty (30) days period, to commence to cure or remedy the non-compliance and to diligently and in good faith prosecute such cure or remedy to completion. 4.3.3 If the Party receiving the Notice of Non-Compliance does not believe it is out of compliance and contests the Notice, it shall do so by responding in writing to said Notice within ten (10) calendar days after receipt of the Notice. 4.3.4 If the response to the Notice of Non-Compliance has not been received in the offices'of the Party alleging the non- compliance within the prescribed time period, the Notice of Non-Compliance shall be presumed to be valid unless good cause exists for not responding within the time period. 4.3.5 If a Notice of Non-Compliance is contested, the Parties shall, for a period of not less than fifteen (15) days following receipt of the response, seek to arrive at a mutually acceptable resolution of the matter(s) occasioning the Notice. In the event that a cure or remedy is not timely effected or, if the Notice is contested and the Parties are not able to arrive at a mutually acceptable resolution of the matter(s) by the end of the fifteen (15) day period, the party alleging the non-compliance may thereupon pursue the remedies provided in Section 5.4 of this Agreement. 4.3.6 Neither Party hereto shall be deemed in breach if the reason for noncompliance is due to a "force majeure" as defined in, and subject to the provisions of Section 10.7 below. 4.4 Certificate of Agreement Compliance. If, at the conclusion of a periodic or special review, Developer is found to be in compliance with this Agreement, City shall, upon request by Developer, issue a Certificate of Agreement Compliance ("Certificate") to Developer stating that after the most recent Periodic or Special Review and based upon the information known or made known to the City Council that (1) this Agreement remains in effect and that (2) 1032/022359-0003 515451.02 a09/07/04 23841\City of SJC/Development Agr betw PSW H and City CL1 11 • • Developer is in compliance. The Certificate, whether issued after a I Periodic or Special Review, may be in recordable form if required, shall contain information necessary to communicate constructive j record notice of the finding of compliance, and shall state that the Certificate expires upon the earlier of (i) one (1) year form the date thereof, or (ii) the date of recordation of a Notice of Termination of Development Agreement. Additionally, Developer may at any time request from the City a Certificate stating, in addition to the foregoing, which obligations under this Agreement have been fully satisfied with respect to the Subject Property, or any lot or parcel within the Subject Property. Developer may record the Certificate with the County Recorder. If City does not expressly issue a Certificate, or expressly decline to issue a Certificate within 15 calendar days of after the conclusion of the periodic or special review, a Certificate shall be deemed to have been provided to Developer. ARTICLE 5. TERMINATIONMEFAULT AND REMEDIES , 5.1 Termination for Default by Developer. The City may terminate this Agreement for any failure of Developer to perform any of its material duties or obligations hereunder to comply in good faith with the terms of this Agreement (hereinafter referred to as "default" or 'breach"); provided, however, the City may terminate this Agreement pursuant to this Section only after following the procedure set forth in Section 4.3. 5.2 Termination of Agreement for Default of City. Developer may terminate this Agreement pursuant to this Section only after following the procedure set forth in Section 4.3 and thereafter providing written notice by Pueblo Serra to the City of the default setting forth the nature of the default and the actions, if any, required by the City to cure such default and, where the default can be cured, the failure of the City to cure such default within thirty (30) days after the effective date of such notice or, in the event that such default cannot be cured within such thirty (30) day period, the failure of the City to commence to cure such default within such thirty (30) day period and to diligently proceed to complete such actions and to cure such default. 5.3 Rights and Duties Following Termination. Upon the termination of this Agreement, no Party shall have any further right or obligation hereunder except with respect to (i) any obligations to have been performed prior to said termination, or (ii) any material default in the performance of the provisions of this Agreement which has occurred prior to said termination. 1032/022359-0003 515451.02 309107104 23641\City of WC/Development Agr betw PSWH and City CL1 12 5.4 Dispute Resolution by Binding Arbitration. Subject to the notice of default and opportunity to cure under Section 4.3, all disputes, claims, and questions regarding the rights and obligations of the Parties under the terms of this Agreement shall be resolved by binding arbitration. In case of a dispute, either party may make a demand for Arbitration by filing such demand in writing with the other party within ten (10) days after the notice of default and cure process has been exhausted. The arbitrator shall be mutually selected by the Parties. In the event that the Parties cannot agree on an arbitrator within ten (10) days, then one or both Parties shall file a written request with the Judicial Arbitration and Mediation Service ("JAMS") for a list of nine (9) potential arbitrators. Upon receipt of such list, the Parties shall promptly conduct a strike-off of unacceptable names. A coin toss shall be initially conducted to determine which Party shall strike off the first name. Once the arbitrator is chosen, the Parties immediately shall forthwith request JAMS to set an arbitration hearing not later than 120 days from date of the arbitration request. Costs of the arbitration proceeding shall be shared equally. 5.5 Surety Bond. Nothing in this Article shall prevent City from making a demand on the surety bond for untimely performance of the traffic mitigation measures set forth in Exhibit A provided the provisions of section 4.3 have been complied with. ARTICLE 6. THIRD PARTY LITIGATION The City shall promptly notify Developer of any claim, action, or proceeding filed and served against the City to challenge, set aside, void, annul, limit or restrict the approval and continued implementation and enforcement of this Agreement. Developer agrees to fully defend and indemnify the City for all costs of defense and/or judgment obtained in any such action or proceeding. Developer shall assume the obligation of providing a legal defense in such litigation, including the choice of defense legal counsel, unless otherwise provided for by mutual stipulation of the Parties. ARTICLE 7. MORTGAGEE PROTECTION 7.1 The Parties hereto agree that this Agreement shall not prevent or limit Pueblo Serra, in any manner, at Pueblo Serra's sole discretion, 1032/022359-0003 515451.02 a09/07/04 2364ACily of SJC/Developmenl Agr bem PSW H and City CLI 13 from encumbering the Subject, Property or any portion thereof or s any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Subject 4 Property. The City acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with Pueblo Sera and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. Subject to compliance with applicable laws, the City will not unreasonably withhold its consent to any such requested interpretation or modification provided the City determine such interpretation or modification is consistent wit the intent and purposes of this Agreement. 7.2 Any Mortgagee of the Subject Property shall be entitled to the following rights and privileges: (a) Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Subject Property made in good faith and for value, unless otherwise required by law. (b) The Mortgagee of any mortgage or deed of trust encumbering the Subject Property, or any part thereof, which Mortgagee has submitted a request in writing to the City in the manner specified herein for giving notices, shall be entitle to receive written notification from the City of any default by Pueblo Serra in the performance of Pueblo Serra's obligations under this Agreement. (c) If the City timely receives a request from a Mortgagee requesting a copy of any notice of default given to Pueblo Serra under the terms of this Agreement, the City shall make _ a good faith effort to provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to Pueblo Serra. The Mortgagee shall have the right, but not the obligation, to cure the default during the period that is the longer of (i) the remaining cure period allowed such Party under this Agreement or (ii) thirty (30) days. (d) Any Mortgagee who comes in to possession of the Subject Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Subject Property, or party thereof, subject to the terms of this Agreement. Notwithstanding any other provision of this Agreement to the contrary, no 1032/022359-0003 515451.02 a09/07/04 23540City of SJC/Developmenl Agr betw PSW H and City CLI 14 Mortgagee shall have an obligation or duty under this Agreement to perform any of Pueblo Serra's obligations or other affirmative covenants of Pueblo Serra hereunder, or to guarantee such performance; except that (i) to the extent that any covenant to be performed by Pueblo Serra is a condition precedent to the performance of a covenant by the City, the performance thereof shall continue to be a condition precedent to the City's performance hereunder, and (ii) in the event any Mortgagee seeks to develop or use any portion of the Property acquired by such Mortgagee by foreclosure, deed of trust or deed in lieu of foreclosure, such Mortgagee shall strictly comply with all of the terms, conditions and requirements of this Agreement and the Development Plan applicable to the Subject Property or such part thereof so acquired by the Mortgagee. ARTICLE 8. INSURANCE Developer shall submit within 30 days from date'of adoption of the ordinance approving this Development Agreement to the City duplicate originals of policies and endorsements, or appropriate certificates of insurance, of public liability insurance and broad form property damage insurance policies in the amount of not less than Two Million Dollars ($2,000,000), combined single limits, for death and injury to any person and property damage, naming the City and its officers, officials, employees, agents, and representatives as additional insureds, and in addition all such insurance: (a) shall be primary insurance and not contributory with any other insurance the City or its officers, officials, employees, agents, and representatives may have; (b) shall contain no special limitations on the scope of protection affordable to the City and its officers, officials, employees, agents, and representatives; (c) shall be "date of occurrence" and not "claims-made' insurance; (d) shall apply separately to each insured against whom claim is made or suit is brought, except with the respect to the limits of the insurer's liability; (e) shall provide that the policy shall not be canceled by the insurer or Developer unless there is a minimum of ninety (90) days prior written notice to the City; 1032/022350-0003 515451 02 a00/07/04 23641\City of SJCOevelopment Agr betw PSW H and City CU 15 (f) shall be endorsed to include a waiver of subrogation rights i against the City or its officers, Officials, employees, agents, E and representatives; and j (g) shall otherwise be in a form acceptable to the Office of the City Attorney. ARTICLE 9. INDEMNITY Developer agrees to and shall indemnify, defend, and hold harmless the City and the City's officers, officials, members, employees, agents, and representatives, from and against any and all claims, liabilities, damages, and losses, including without limitation reasonable attorneys' fees and litigation expenses, including court, courts and expert witness fees (collectively, "Claims") arising out of City's approval of land use entitlements for Developer's project and this development agreement; or due to the death or personal injury of any person, or physical damage to any person's real or personal property, caused by construction of improvements by, or construction-related activities of, Developer or Developer's employees, agents, representatives, servants, invitees, consultants, contractors; or subcontractors (collectively, "Developer's Representatives") on the Property, or for any construction defects in any improvements constructed by Developer or Developer's Representatives on the Subject Property; provided, however, that Developer shall not be required to indemnify the City for any and all misconduct of the City, or the City's officers, officials, members, employees, agents, or representatives, subject to any immunities which may apply to the City with respect to such Claims. The foregoing indemnification provision shall survive the termination of this Agreement. ARTICLE 10. MISCELLANEOUS PROVISIONS 10.1 Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the Parties with respect to the subject matter set forth herein, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony of evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. 10.2 Severability. If any word, phrase, term, provision, clause, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the invalid provision shall be deemed to be severable from the, remaining provisions contained within the Agreement. The Parties hereby state and acknowledge they would 1032/022359-0003 515451.02 a09/07/04 23646City of WC/Development Agr betty PSW H and City CL1 16 have adopted each and every provision contained within this Agreement notwithstanding the presence of an invalid provision. 10.3 Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party or in favor of the City shall not be employed in interpreting this Agreement, all Parties having been represented by counsel in the negotiation and preparation hereof. 10.4 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 10.5 Waiver. Failure of a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, or the failure by a Party to exercise it s rights upon the default of the other Party, shall not constitute a waiver of such Partys right to insist and demand strict compliance by the other Party with the terms of this Agreement thereafter. 10.6 No Third Party Beneficiaries. This Agreement is made an entered into for the sole protection and benefit for the Parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 10.7 Force Majeure. Upon the Effective Date of this Agreement, Neither Party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by earthquakes, other acts of God, fires, wars, riots or — similar hostilities, strikes and other labor difficulties beyond the party's control (including the Party's employment force), court actions (such as restraining orders or injunctions), or other causes of a similar nature beyond the Party's reasonable control. If any such events shall occur, the term of this Agreement and the time for performance shall be extended for the duration of each such event, provided that the term of this Agreement shall not extended under any circumstances of more than five (5) years. 10.8 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or 1032/022359-0003 515451.02 x09/07/04 23641\City of SJODevelopment Agr betw PSW H and City CLI 17 r subsequent performance by the Party benefited thereby of the covenants to be performed hereunder by such benefited Party. 10.9 Litigation Expenses. In the event of any action pursuant to section 5.4 between the City and Pueblo Serra seeking enforcement of any of the terms and conditions to this Agreement, the prevailing party in such action shall be awarded, in addition to such relief to which such party entitled under this Agreement, its reasonable litigation costs and expenses, including without limitation its expert witness fees and reasonable attomeys' fees. 10.10 Covenant Not to Sue. The Parties to this Agreement, and each of them, agree that this Agreement and each term hereof is legal, valid, binding, and enforceable. The Parties to this Agreement, and each of them, hereby covenant and agree that each of them will not commence, maintain, or prosecute any claim, demand, cause of action, suit, or other proceeding against any 4 other Party to this Agreement, in law or in equity, or based on an allegation, or assert in any such action that this Agreement or any term hereof is void, invalid, or unenforceable under the Development Agreement legislation. 10.11 Project as a Private Undertaking. It is specifically understood and agreed by and between the Parties that the Development of the Subject Project is a private development, that neither Party is acting as the agent of the other in any respect hereunder, and that each Party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between the City and Pueblo Serra is that of a government entity regulating the Development of private property, on the one hand, and the holder of a legal or equitable interest in such property and as a current or future holder of fee title to such property, on the other hand. 10.12 Corporate Authority. The person(s) executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party are duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other agreement to which such Party is bound. 1032/022359-0003 515451.02 a09/07/04 23641\City of SJC/Devebpment qgr bet.PSWH and City CLI 18 10,13 Notices. All notices under this Agreement shall be effective upon personal delivery, via facsimile so long as the sender receives confirmation of successful transmission from the sending machine, or three (3) business days after deposit in the United States mail, first class, postage fully prepaid and addressed to the respective Parties as set forth below or as to such other address as the Parties may from time to time designate in writing: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: City Manager Facsimile: (949) 488-3874 To Pueblo Serra: Pueblo Serra Worship Holdings 2532 Dupont Drive Irvine, CA 92612 Attn: Timothy Busch Telephone: (949) 474-7368x100 Facsimile: (949)474-7732 Copy to: Rutan & Tucker, LLP 611 Anton Boulevard, 14th Floor Costa Mesa, CA 92626 Attn: John A. Ramirez, Esq. Facsimile: (714) 564-9035 And George Mulcaire The Busch Firm 2532 Dupont Drive Irvine, CA 92612 Telephone: (939) 474-7368 x205 — Facsimile: (949) 474-7732 10.14 Notability of City Officials. No officer, official, member, employee, agent, or representatives of the City shall be liable for any amounts due hereunder, and no judgment or execution thereon entered in any action hereon shall be personally enforced against any such officer, official, member, employee, agent, or representative. 10.15 Time of the Essence. The Parties expressly acknowledge and that time is of the essence in the performance of the provisions of this Agreement. 1032/022359-0003 515451.02 a09107/04 23641\City of SJC/Development Agr betw PSW H and City CL1 19 10.16 Execution Date. The Execution Date of this Agreement is that date on which all parties have executed this Agreement. g 10.17 Effective Date/Condition Subsequent. This Agreement shall not go into effect until the earlier of the occurring of the following: (a) 60 days following the lapsing of any and all statutes of limitation applicable to any legal challenge to any of the project approvals, including Architectural Permit _, this Agreement, and to any and all environmental impact reports prepared in connection with the project approvals, or (b) 60 days following the entry of a final, non- appealable judgment in any action challenging any of the project approvals, including Architectural Permit_, this Agreement, and any and all environmental impact reports prepared in connection with the project approvals. If litigation results in the invalidation of any of the project approvals, including Architectural Permit_, this Agreement, or any and all environmental impact reports prepared in connection with the project, this Agreement shall be void and shall be of no further force and effect. 10.18 Survival Clause. Notwithstanding Section 1.3 of this Agreement, Sections 2.2(b), 3.2, 3.3, 3.4, 4.1, 4.2, 4.3, 4.4, 5.1, 5.2, 5.3, 5.4, 7.1, and 7.2 shall survive the termination of this Agreement after 20 years pursuant to Section 1.3. 1092/022359-0003 51$451.02 a09/07/04 20 23UI%City of SJC/Developmenl Agr betw PSW H and City CL1 i • IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and year first set forth above. City: CITY OF SAN JUAN CAPISTRANO By Mayor, City of San Juan Capistrano ATTEST: By Meg Monahan City Clerk APPROVED AS TO FORM: By John Shaw, City Attorney PUEBLO SERRA WORSHIP HOLDINGS, a California non-profit religious corporation By Printed Name: Timothy R. Busch Its: Chief Executive Officer STATE OF CALIFORNIA ) )SS. COUNTY OF ) On before me, a Notary Public, personally appeared [I personally known to me-OR-[I proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s)or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. SIGNATURE OF NOTARY 1032/022359-0003 515451.02 a09/07/04 23841\City of SX/Development Agr betty PSW H and City CLI 21 Exhibit A: TRAFFIC MITIGATION REQUIREMENTS A. Mitigation Measures. 1. Camino Capistrano&Junipero Serra Road. At this location, Developer shall construct intersection improvements consisting of:an additional northbound through lane (this shall consist of an additional northbound lane from its intersection with Junipero Sera Road, northerly to a distance of approximately 160 feet, to provide a new entry only, no exit, driveway to align with existing drive aisle in the Sycamore Commons parking lot—the design to be subject to the approval of the City Engineer); a northbound right-turn lane; an additional westbound left-turn lane; and a westbound right-turn lane. Developer shall also construct appropriate and necessary traffic signal modifications to conform to the intersection improvements required under this section. Developer shall corpplete the above stated work in complete accordance with the plans and specifications for the work prior to student enrollment reaching 501 students. 2. 1-5 Northbound Ramps & Junipero Serra Road: At this location, Developer shall construct intersection improvements consisting of: an additional left- tum lane for the northbound off-ramp in a manner required and approved by Cal-Trans; widen Junipero Serra Road to five lanes between the 1-5 Northbound and Southbound ramps. Developer shall also construct appropriate and necessary traffic signal modifications to conform to the improvements required under this section. Developer shall complete the above stated work in complete accordance with the plans and specifications for the work prior to student enrollment reaching 1501 students. Developer's obligation to construct these improvements shall be subject to a fair share reimbursement agreement with Developer, with a fair share responsibility being limited to 31% of the total cost of the improvements. The remaining cost of the improvements shall be reimbursed to Developer pursuant to the _terms of the reimbursement agreement, unless priorto the completion of the improvements required under this section, this improvement shall be added to the City's CCFP Program. If this improvement is added to the City's CCFP Program, not more than 69% of the cost of completion of these improvements incurred by Developer shall be credited against Developer's total allocation of CCFP fees required so that the total amount of CCFP fees required to be paid by Developer are reduced on a dollar-for-dollar basis in an amount equal to the total cost of completion of these of these improvements. 2364\City of SJC\04-0831 jseaa-dev agree-exhA.DOC -� 3. Camino Capistrano & Del Obispo Street: Payment of CCFP fees, or satisfaction of Developers CCFP fee obligation, as provided in this Exhibit A, shall be deemed to be full mitigation for and satisfaction of Developer's obligations for any improvements to this intersection that have been identified as necessary due to the roughly proportional impacts imposed on this intersection by the project. Developer shall not be required to construct these improvements. 4. Junipero Serra Road & Proiect Driveway: At this location, Developer shall construct intersection improvements consisting of: a traffic signal, and a westbound left-turn lane. Engineering plans shall be designed to accommodate an eastbound left turn lane. Developer shall complete the above stated work in complete accordance with the plans and specifications for the work prior to student enrollment reaching 501 students. 5. Camino Capistrano & Oso Road/Proiect Driveway: At this location, Developer shall construct intersection improvements consisting of: improving the intersection of Camino Capistrano'and Oso Road/Project driveway by completing construction of a traffic signal, widening Oso Road to two through lanes eastbound and westbound and an eastbound left turn lane and a westbound left turn lane, along with the associated railroad crossing modifications and preemption, grading and landscaping. City shall reimburse Developer for 100% of the costs and expenses incurred by Developer in designing and constructing such improvements. Reimbursement of Developer's costs and expenses shall be paid by City to Developer upon completion of the improvements after City's review of reasonable and customary documentation of such costs and expenses as set forth in the reimbursement agreement to be entered into between Developer and City. Developer shall complete the above stated work in complete accordance with plans and specifications for the work prior to student enrollment reaching 671 students. City will use its best efforts to assist Developer in connection with any railroad crossing improvements, including negotiating and/or documenting any necessary agreements with the Southern California Regional Rail Authority ("SCRRA"). 6. Junipero Serra Road from Camino Capistrano along Proiect Frontage:At this location, Developer shall widen Junipero Serra from Camino Capistrano across the project frontage to a four-lane divided roadway with a taper to the existing roadway at the Ultramar Station, which shall be approved by the City Engineer. Dedication of right-of-way required for this improvement, as shown on the approved improvement plans, is required at no cost to the City, prior to completion and acceptance of these improvements. Developer shall complete the above stated work in complete accordance with the plans and specifications for the work prior to student enrollment reaching 501 students. 2384BCity of SJO04-0831 perra-dev agree-extADOC -2- 7. Camino Capistrano from Juniaero Serra Road to Oso Road/Project Driveway: At this location, Developer shall Widen Camino Capistrano to a four-lane divided roadway. The improvements shall include a five (5) foot Class II on road bike lane on each side of the roadway, including all appurtenant improvements associated with grading and landscaping. Dedication of all required right-of-way to complete such improvements to the City, as shown on the approved improvement plans, is required at no cost to the City, prior to completion and acceptance of these improvements. Developer shall complete the above stated work in complete accordance with the plans and specifications for the work prior to student enrollment reaching 501 students. 8. CCFP Fees: Developer shall pay the statutorily-required CCFP fee as a private school as follows: Developer shall pay the requisite CCFP private school fee for not less than 500 students concurrent with the issuance of the first building permit for the South Campus facilities. Subsequent CCFP fees shall be paid in 100-student increments in advance of student enrollment reaching said thresholds. For example, once 2nrollment reaches 600 students, CCFP fees for 700 students shall be paid within 60 days of enrollment reaching 600 students. There shall be no refund of CCFP if enrollment drops. Notwithstanding the above, any CCFP fees paid in connection with the development of the North Campus (Sycamore Commons) shall be used as a credit against JSerra's CCFP private school fees. Further, notwithstanding the foregoing or anything to the contrary contained herein, the fair value costs incurred by Developer in completing the improvements specified in Table 1 attached hereto and incorporated herein shall be credited against the CCFP fees due underthis Section 8, so that the total amount of CCFP fees required to be paid by Developer are reduced on a dollar-per-dollar basis in an amount equal to the costs to complete the improvements specified on Table 1. In addition, completion of the improvements specified in Table 1 by Developer shall be deemed an accelerated payment of the CCFP private school fees set forth above to the extent that such improvement costs exceed the CCFP fees that would then be payable by Developer based on student enrollment. For example, if the —costs payable by Developer to complete the improvements specified in Table 1 exceed the total CCFP fees that would be owed upon student enrollment reaching 2,000 students, no additional CCFP shall be due or payable from Developer thereafter upon completion of such improvements even though the actual student enrollment at the time of completion of such improvements may be less than 2,000 students. Further, provided Developer has posted the bond required under Section B hereinbelow, no CCFP fees will be due by Developer upon issuance of a building permit and Developer may satisfy the CCFP obligations by completion of the improvements specified hereinabove. Prior to Developer commencing construction of any mitigation measures, Developer and City will enter into a reimbursement agreement to provide for CCFP reimbursement payments 23841\0ty of SJC\04-0831 jserca-dev agjm -exhADOC -3- and fair share reimbursement payments to Developer, which shall be payable in equal annual installments over a 15 year period. B. Surety Bond Requirements. 1. Developer shall post a Faithful Performance Bond with the City in the total amount of $2.4 million (i.e., 2.4 million as the estimated cost of traffic mitigation improvements) to guarantee performance of the construction of traffic mitigation measures required under this Development Agreement. When construction of specified mitigation measure is completed,the amount of the Faithful Performance Bond shall be reduced, on a dollar by dollar basis, by the total amount of the costs incurred by Developer to construct the completed mitigation improvement. 2. The Surety Bond company shall have a Best Rating of at least B plus. 3. The bond shall be in a form acceptable to the City Attorney. 4. The bond shall be posted within 30 days of the Effective Date of the Development Agreement as specified in section 10.17 of the Development Agreement. Subject to reduction in the amount of the bond as provided above, the bond shall remain in full force and effect until all of the above stated obligations are fulfilled. 23841\City of SJCW"831 jaerra-dev agree-exhA.DOC -4-