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1986-0617_WARMINGTON SAN JUAN ASSOCIATES, L.P._Development AgreementRESOLUTION NO. 87-7-7-6 63 REAFFIRMING APPROVAL AND MODIFYING CONDITIONS - TENTATIVE TRACT 12633 DIVIDEND DEVELOPMENT CORPORATION) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, MODIFYING CONDITIONS 23, 14d, AND 10a OF TENTATIVE TRACT 12633 (DIVIDEND DEVELOPMENT CORPORATION) WHEREAS, the applicant, Dividend Development Corporation, 3252 Holiday Court, Suite 202, La Jolla, California 92037, has submitted a request to approve modifications to an approved tentative tract map; and, WHEREAS, the City's Environmental Review Board has determined that the proposed project will have a significant effect on the environment, has required the preparation of an Environmental Impact Report, which report has been certified as final by the City Council per Resolution No. 86-6-17-2, and has otherwise carried out all requirements of the California Environmental Quality Act; and, WHEREAS, the City Council of the City of San Juan Capistrano finds and determines as follows: a. The project, as designed and conditioned, is consistent with all applicable goals, objectives, and policies of the General Plan; b. The project, as modified, conforms to all applicable requirements of Title 9 of the City's Municipal Code (Land Use) and is consistent with the approved residential concept plan Growth Management 86-1; C. The project site is physically suitable for the type and density of the proposed development; d. The design and improvements of the proposed project will not cause substantial environmental damage, nor will said design or improvements avoidably injure wildlife or their habitat; e. The design and improvements of the proposed project will not cause serious public health problems; f. The design or improvements of the proposed project will not conflict with easements acquired by the public at large for access through or use of property within the proposed project; g. The design or improvements of the proposed project will not interfere with the maintenance or preservation of an historical site as conditioned; and, WHEREAS, on June 17, 1986, the City Council adopted Resolution No. 86-6- 17-4 conditionally approving Tentative Tract 12633; and, WHEREAS, the applicant, Dividend Development Corporation, requested reconsideration of Condition Nos. 10a, 14d, and 23 of Resolution No. 86-6-17-4 regarding fulfillment of dedication of open space easements, equestrian trail crossing, and turn lane of San Juan Creek Road. -1- 64 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano, does here re -affirm approval of Tentative Tract 12633, subject to the following conditions, including revised Condition Nos. 10a, 14d, and 23 as follows: 1. Home Warrant - The provisions of Chapter 8-6 of the Municipal Code Home Warranty Ordinance) shall apply to any person, firm or corporation selling or offering for sale within the project three or more dwelling units --not previously occupied for residential purposes --during any 12 -month period. 2. CC&Rs - A set of conditions, covenants and restrictions (CC&Rs) shall be prepared and implemented for the project. The CC&Rs shall include at a minimum: (a) Provisions on the use and maintenance, by the owners' association, of recreation areas, other common areas, equestrian trails, and slopes. (b) Provisions regulating parking and traffic control on private streets. The CC&Rs shall be approved by the Director of Community Planning and Development prior to approval of a final map. 3. Grading Plan - A preliminary grading plan for the project shall be approved by the Planning Commission prior to approval of a final map. 4. Architecture - Architectural elevations shall be approved by the Planning Commission prior to approval of a final map. S. Landscape and Wall Plans - Landscape, street tree, and fence/wall plans shall be prepared and implemented for the entire project. Preliminary landscaping, street tree, and fence/wail plans, including the landscape buffer adjacent to Paseo Riobo, shall be approved by the Planning Commission prior to approval of a final map. Following such plan approval, final working drawings shall be approved by the Director of Community Planning and Development. 6. Landscaping Installation - Landscaping shall be installed as follows: (a) Erosion -control landscaping for all manufactured slopes shall be installed immediately after the certification of rough grading by the City. (b) Street trees and all other non -erosion -control landscaping shall be installed in accordance with a landscape phasing plan approved by the Director of Community Planning and Development. No final building inspection shall be conducted for any dwelling unit within a given phase until all landscaping has been installed for that phase and approved by the Department of Community Planning and Development. -2- 7. Landscape Maintenance and Maintenance Easements - The developer 6 5 shall be responsible for adequately installing and maintaining all landscaping until such maintenance may be assumed by the homeowners' association. An open space maintenance easement shall be created over all major slopes that are within residential lots. Landscaping on said slopes shall be maintained by the homeowners' association. 8. Street Names - Street names shall be approved by the Director of Community Planning and Development prior to approval of a final map. 9. Vehicular Access Rights - Vehicular access rights to San 3uan Creek Road, Avenida Siega, and Street "A" shall be released and relinquished to the City except at street intersections. 10. Public Streets - The following public streets shall be designed, constructed, and dedicated in accordance with Section 9-4.103 of the Municipal Code: (a) San Juan Creek Road - Ultimate right-of-way to secondary standards shall be dedicated to the City from its present terminus at Tract 9786 (Hidden Mountain) to the easterly tract boundaries; street improvements to include two travel lanes and turn lanes, where needed, from Tract 9786 to 50 feet east of its intersection with Street "Q". (b) Street "A" - Ultimate right-of-way for Street "A" to commuter rural standards shall be dedicated to the City from its intersection with San Juan Creek Road to the southern tract boundary. Improvements shall be in accordance with Section 9-4.103 of the Municipal Code. Said improvements shall be installed from San Juan Creek Road to 50 feet southerly of its intersection with Street "H". 11. Private Streets - The private streets shall be designed and constructed in accordance with Section 9-4.103 of the Municipal Code. 12. Geotechnical Study - A geotechnical feasibility study shall be completed to determine the seismic safety and soils stability of all proposed grading and development within the project. This shall include the fill material located within the San Juan Greek Flood Plain area which has not been certified for compaction. The report shall be reviewed and approved by the Building Official prior to approval of a final map. Development of all areas in the tract consistent with the CDP shall be subject to any remedial grading required by the Building Official as a result of the geotechnical study. 13. UtilitEasements - All utility easements shall be identified as public utilities water, sewer, electrical, telephone, etc.) or storm drain. 14. Equestrian Trail (a) The equestrian trail crossing of Street "A" shall be relocated at a street intersection. (b) Width of the equestrian trail shall be a minimum of 20 feet. -3- r (c) _ Dedication and design of the equestrian trail shall be In accordance with Section 9-4.106 of the Municipal Code. Said standard improvements shall include restricted trail entries per the adopted "Equestrian/Hiking Trail Design Manual" at all street intersections. (d) The crossing at San Juan Creek Road shall be signalized thereby eliminating conflicts with moving vehicles. (e) The following provisions shall be included within the CC&Rs for the subdivision: (1) Provision for maintenance of all equestrian trails by the homeowners' association. (2) Provision requiring prior City approval of any amendment to the CC&Rs that will, in any manner, affect the integrity of the equestrian trail system or its level of maintenance. (3) Provision requiring that all tract maintenance conform to the "Maintenance Standards" as per the City's adopted "Equestrian/Hiking Trail Design Manual". (4) Provision within the CC&Rs that gives the City the right to assume maintenance of the equestrian trails if the City determines, after a duly noticed hearing, that the homeowners' association has not maintained the equestrian trail at the minimum standards per the adopted "Equestrian/Hiking Trail Design Manual". Further, if the City assumes maintenance of the trail system, all costs, including administrative, shall become a lien on each residential lot within the subdivision. 15. Parcel 2 Access - Access to Parcel 2 shall be at the intersection of San Juan Creek Road and Street "Q". 16. San Dierto Pipeline - The lot lines for parcels 210 - 212 shall be revised in such a manner that the San Diego Pipeline easement is not included within said lots. Furthermore, disclosure of the pipeline shall be provided as required by the City, including statements in the CC&Rs and Real Estate report. All manufactured slopes shall be located outside the pipeline easement. 17. Off -Site Improvement Participation - The applicant shall enter into a development agreement to participate in the following off-site improvement projects in an amount equal to the subdivision's contribution to ultimate traffic volumes: (a) Future traffic signalization of San Juan Creek Road and La Novia Avenue, (b) Future widening of San Juan Creek Road to secondary standards between La Novia Avenue and Camino Santo Domingo. (c) Future traffic signalization of La Novia Avenue at Calle Arroyo. -4 1 18. Off -Site Improvements - The applicant shall enter into an agreement with the City for the design and construction of the following off-site improvements: (a) La Novia Avenue - Design and construct La Novia Avenue between San Juan Creek Road and Calle Arroyo, including street section, bridge approach, and bridge to full secondary arterial standards. (b) Camino Santo Domingo shall be improved to provide a minimum of two through travel lanes and a continuous left -turn lane. Improvement plans shall be submitted for this road segment improvement for review and approval as to design to the City Engineer. Said agreement shall provide for methods of funding the project and timing of improvements in relationship to development or occupancy within the tract. 19. Drainage - The applicant shall satisfy the following conditions regarding drainage: (a) The applicant shall submit a final grading plan and hydrology calculations prepared by a registered civil engineer with submittal of street improvement plans and/or final map. The extent of topography of the grading plan shall be sufficient to determine drainage impacts to adjacent properties. (b) The applicant shall furnish a storm run-off study showing existing and proposed facilities and the method of draining the area of the subdivision and any tributary areas without exceeding the capacity of any on-site or off-site street. (c) Drainage facilities shall be provided with necessary easement, where required. All facilities shall be designed in accordance with the Master Plan of Drainage and Municipal Code standards. (d) Any connections to City storm drains from private on-site drains shall be approved by the City Engineer. A recorded hold -harmless agreement is required for private storm drain connections to City facilities. (e) Private on-site storm drains shall be maintained by the homeowners' association. (f) All work done within the Orange County Flood Control District easement shall be designed in accordance with the ultimately reviewed adopted San Juan Creek Specific Plan under permits from said agency. The developer shall recognize that the ultimate design standards for San Juan Creek may require adjustments to the development portion of Parcels 1 and 2. 20. Street Lights - The applicant shall furnish and install mercury vapor street lights with Mission Bell fixtures on Marbelite poles per City standards. The applicant shall pay applicable advanced energy fees. -5- 6'7 68 21. Soils Subsidence Insurance - The applicant shall participate in a program to ensure against damage from soils subsidence. Prior to issuance of a grading permit for the subdivision, the applicant shall enter into a program of soils subsidence insurance as established by the City. 22. Arborculturalist - The landscape plan shall be reviewed by an arborculturalist to evaluate the survival and maintenance of trees and shrubs upon maturity. A report shall be submitted to the Director of Community Planning and Development with findings and recommendations. The Director may use that report to modify the approved landscape plan. 23. Open Space Easements - Open space conservation easements over Lots B and C shall be accepted by fee title by the City of San Juan Capistrano. 24. Construction Access and Phasing - The developer, prior to issuance of any permits, shall submit a haul route, construction access and phasing program to the Director of Community Planning and Development for review and approval. Said plan shall depict the extent of grading and public improvements which are to be constructed for each separate phase of development. Furthermore, the developer shall provide and utilize a separate haul route and construction access road other than San Juan Creek Road. 25. Access Easement - Paseo Riobo - The tentative tract map shall be revised to provide for widening of the Paseo Riobo Road easement in areas where it is less than 20 -feet wide in order to maintain it as a continuous 20 -foot easement adjacent to the tract. 26. Fees - All required fees shall be paid prior to issuance of a final map. PASSED, APPROVED, AND ADOPTED this 7th day of , July-, 1997. ANTHONY L LAND, MAYOR ATTEST: CITY CLERK, -6- 69 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 87-7-7-6 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the nth day of July , 1987, by the following vote: AYES: Councilmen Friess, Buchheim, Hausdorfer and Mayor Bland NOES: None ABSENT: Councilman Schwartze (SEAL) MARY ANN NOVER, CITY CLERK -7- CC ) RECORDING REQUESTED BY: eL DOC # 93-068105606—OCT-1993 03: 59 Pr, City of San Juan Capistrano Office of the City Clerk 32400 Paseo Adelanto Recorded in Official Records San Juan Capistrano, CA 92675 of Orange County, Ca,ifo"Li Lee A. Branch, County Recorder page 1 of B Fees! t Tax 3 C.6C AND WHEN RECORDED RETURN TO: City of San Juan Capistrano Office of the City Clerk 32400 Paseo Adelanto San Juan, Capistrano, CA 92675 PROJECT: Final Map, Tract 12633 ASSIGNMENT OF SUBDIVISION IMPROVEMENT AGREEMENT The undersigned, Dividend Development Corporation, a California corporation ("Dividend"), hereby assigns to Warmington San Juan Associates, a California limited partnership, all of its right, title and interest in and to that certain Subdivision Improvement Agreement between Dividend as "DEVELOPER" and the City of San Juan Capistrano, a municipal corporation, as "CITY", a copy of which is attached hereto as Exhibit A and which was recorded on August 11, 1987 as Instrument No. 87-455934 in the Official Records of the County Recorder of Orange County, California. DIVIDEND DEVELOPMENT CORPORATION, a California corporation By: �s�✓ Name: /cNAetO t3 a �"z2 Title: 5✓t_ ✓.i This Assignment is hereby accepted by Warmington San Juan Associates, a California limited partnership ("Warmington"), and Warmington hereby assumes for the benefit of City and Dividend all of the obligations of Developer under the Subdivision Improvement Agreement. WARRINGTON SAN 3UAN ASSOCIATES, a California limited partnership By: Warmington Homes, general partner By: �U- Name:LCd. Edgcomb Title: Vice President State of California County of Santa Clara On May 24, 1993, before me, Becca Romish, personally appeared Richard B. Oliver 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 seal. State of California County of orange UCCA= Q++aory 9uWc - cdmmn SAWA CtARA COUNN MW Comm. E *w OCT 26.19% On June 7, 1993, before me, Saundra Rantz, personally appeared L. J. Edgcomb personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names(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 persons(s), or the entity upon behalf of which the personals) acted, executed the instrument. WITNESS my hand and official seal. VWW—"A,A.SWAN COUMIFY i""� ammom ro wa..rr..aw« 0 0 This assignment was approved by the City R% San Juan Capistrano pursuant to a resolution of the City Council passed on N- %- 93 , and, from and after the date of approval, Dividend is relieved of any obligations to the City under the Subdivision Improvement Agreement. CITY OF SAN JUAN CAPISTTR,ANOO BY: GIn Jones, Mayor ATTEST: Cheryl Joh son�rk APPROVED AS TO FORM: BY: i hard K. Denhalter City Attorney/ � /43 State of -.A_! PSR; f + 'A County of G R t W (- C- On�td[q93 before me,��h NI�C�y�E,v NO�N�u���i��i<�4h rrl�C�NKK,y Nc�N Nu�yPiRt�[� DATE N E.TIREDFOFFICER-E.G..' DDE, NOTNiY PUB4C' personally appeared I L. 7-0.ties �� MME(S) OF SIGNER(S) personally known to me - OR - 2 proved to me on the basis of satisfactory evidence to be the person(Wwhose name(ar islaFe subscribed to the within instrument and ac- knowledged to me that he/sheHhey executed the same in his/herkheir authorized pRpaWA capacity(We), and that by his/IrsiAl+eir signatureW on the instrument the person(*), wsocDoum orthe entity upon behalf of which theperson(sir —6 wtarrAnmlOW ta»rA acted, executed the instrument. ATTENTION NOTARY: A though the THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: CAPACITY CLAIMED BY SIGNER =AL(S) ❑ CORPORATE OFFICER(S) MEW ❑ PARTNER(S) ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ SUBSCRIBING WrrNESS ❑ GUARDIAWCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: lU,ME OF PER (Sh OR ENT11E31 r `rte mat ed `ow m OMMAL, n m Id PM M hWMUIpM aiinWhMr of this CenfhDWe�`W�� unauthorized do MM. iIleorTypeofDocument /r,z I i��u n(utiLti4a t1YTr6 LL, IcA Number of Pages Date of Document Signer(s) Other Than Named Above Bax ]1M *$7-455934 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Juan Capistrano Office of the City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92673 EC]4 i I L_a "City IP RECORDING FEES EXEMPT DUE TO GOVERNMENT CODE SECTION 6103 MARY Afl HANOV City Clerk San Juan Capistrano, California PROJECT: Tract 12633 SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made pursuant to the provisions of Division 2 of Title 7 of the Government Code of the State of California, by and between the City of San Juan Capistrano, a Municipal Corporation, hereinafter called the "CITY" and Dividend Development Corporation, a California corporation, hereinafter called the "DEVELOPER", whose mailing address is: Dividend Development Corporation LOF IN ppFlpu{� gECOnpS Southern California Division COUNTY, CALIFpgp� 3252 Holiday Court, Suite 202 La Jolla, California 92037 A(� 11,87 WITNESSETH: 4.�C,K *f_) WHEREAS, the CITY has conditionally approved Tentative Tract No. 12633 per Resolution 86-6-17-4; and WHEREAS, DEVELOPER desires to postpone the completion of the public andjor private improvements up to 2 Years after the CITY's approval of the Final Map; and WHEREAS, in consideration of the CITY's approval of the request for postponement, DEVELOPER has agreed to provide such security as may be required by CITY to guarantee that all improvements for Tentative Tract No. 12633 will be installed in a timely manner. NOW, THEREFORE, in consideration of the premises and promises hereinafter contained CITY and DEVELOPER agree as follows: 1. DEVELOPER shall, at its sole cost and expense, provide and furnish all labor, materials and equipment for the installation of improvements for Tract 12633 shown on the Improvement Plans and Specifications approved by the C ,* all such plans and specifications are on file in the office of the City Engineer and are incorporated herein by reference. In addition to the improvements for this tract, it shall be the responsibility of this developer to insure that all improvements and conditions are satisfied for Tentative Tract 12633 as noted on the Improvement Agreement for Tract No. 13023. • 87-455934 qt°'ECT Tract 12633 2. Developer shall comply with all studies and conditions as they apply to this tract within the Improvement Agreement for Tract No. 13023, 3. Fees: Paid prior to approval of the Final Map - A. Drainage - Developer to construct all drainage requirements for Tentative Tract 12633 as a condition of the required drainage fees. B. Water - Required water fees from Capistrano Valley Water District. C. Plan Check and Inspection for Public Improvements - Developer to pay cost that reflects actual City cost. Deposit to be posted as estimated by the City Engineer. D. Parks and Recreation - Fees have been satisfied by Tract No. 13025. Deferred to the Building Permit - A. Sewer - Standard Fee B. Agriculture Preservation - Satisfied by Dedication of Land C. Transportation Corridor - Standard Fee D. School- Standard Fee E Systems Development - Standard Fee. These fees will be applied to "participation/reimbursement" obligations of the CIty and In effect credited towards the reimbursement and participation obligations of the City on this project. 4. Sureties A. Developer shall provide the following surety, all of which shall meet the requirements of Chapter 5, Division 2, Title 7 of the Government Code: 1. A faithful performance surety in an amount equal to the total estimated cost of off -site -work for improvements not to be dedicated to the City but inspected by City personnel. 2. A faithful performance surety equal to the total estimated cost of work and improvements to be dedicated to the City. 3. A labor and materials surety equal to the total estimated cost of work and improvements to be dedicated to the City securing payment to the contractor, any subcontractors and persons providing equipment, labor and/or materials for and/or account of such improvements. B. The surety bonds shall provide that City, as beneficiary, shall be entitled to attorney's fees In the event that City is required to bring legal action to enforce the terms of the surety. 0 0 87-455934 I,KOJECT Tract 12633 5. Alterations A. The City Engineer of the City of San Juan Capistrano may make such changes, alterations or additions to the plans and specifications for said work and improvements which do not exceed ten percent (10%) of the total estimated cost as may be determined necessary and desirable by him for the proper completion of said work and improvement or as required for the safety and welfare of the public and no such changes, alterations or additions shall relieve the developer from the faithful performance of this agreement. 6. Completion Date A. Developer agrees to complete all of said work and improvements and to pay all costs specified herein within a period of 2 years from the date of this agreement. If additional time is needed, an extension may be granted by the City Engineer on the showing of good cause. Any such extension shall, however, be subject to all of the terms and conditions of this agreement, and any surety or other security shall continue in full force until the work and improvement has been accepted by the City. B. Developer agrees that City may, without any notice, and at its sole option, at any time after the time for completion has passed, complete, or cause to be completed, all or any part of the said work, and developer shall pay to said City, upon demand, all of the costs of any of said work done by the City, its agents and contractors, or any of them, to complete all or any part of said work. Subdivider hereby consents to entry on the subdivision property by the City and its forces including contractors in the event the City proceeds to complete and/or maintain the work. 7. Liability/Insurance A. Developer agrees to pay City such sum as the court may adjudge as reasonable for the legal services of any attorney representing the City in any action brought to enforce or interpret the obligations of this instrument, and such sum shall be made a part of any judgment in such action against the developer if such action is determined in favor of the said City. B. City, its officers and employees, except for their own acts shall not be liable or responsible for any accident, loss or damage happening or occurring to the improvements specified in this agreement prior to the completion and acceptance of said improvements by the City. C. Developer shall perform all work in a safe workmanlike manner and shall take such precautions as may be necessary to warn and protect the public from any dangerous condition caused by the construction of said improvements. D. Developer shall hold City, its officers and employees harmless from any and all claims, demands, causes of action, liability or loss of any sort because of, or arising out of, the acts or omissions of the developer, his contractor, sub- contractors, agents or employees in the performance of this agreement. E. DEVELOPER shall maintain liability insurance in the amount of $1,000,000 combined single limit at all times during the life of this agreement, naming the CITY as a co-insured. 87-455934 •OJECT Tract 12633 8. Guarantee and Warrant of Work - Developer guarantees that said work shall be free from de ects In material or workmanship and shall perform satisfactorily for a period of one year from and after the City's acceptance of the work as completed in accordance with the Municipal Code. Developer agrees to correct, repair or replace at his expense any defects in said work. 9. No Waiver by City - Inspection of the work and/or materials, or approval of work and/or materials, or statement by any officer, agent or employee of the City indicating that the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of the said work and/or materials, or payments therefor, or any combination of all of these acts, shall not relieve the Developer of his obligation to fulfill this Agreement as prescribed; nor shall the City be thereby stopped from bringing any action for damages arising from failure to comply with any of the terms and conditions hereof. 10. No Assignments - Developer may not assign this Agreement to any third party without the consent of the City to such assignment. CITY agrees, in consideration of the promises herein made by DEVELOPER, to permit the DEVELOPER to postpone the installation of improvements for Tract 12633 until July 7, 1989. IN WITNESS WHEREOF, the parties have executed this agreement as of July 7, 1987 Date ATTEST: -WRA"w. CITY OF SAN JUAN CA%P/PIIISSTRANO ANTHONY D, MAYOR 1. wz, �ntn APPROVED AS O FORM: BY n n (1) n * 87-455934 R•CT Tract 12633 & Guarantee andWarrant of Work - Developer guarantees that said work shall be free from fects in material or workmanship and shall perform satisfactorily for a period of one year from and after the City's acceptance of the work as completed In accordance with the Municipal Code. Developer agrees to correct, repair or replace at his expense any defects in said work. 9. No Waiver by Cit - Inspection of the work and/or materials, or approval of work and/or material; or statement by any officer, agent or employee of the City indicating that the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of the said work and/or materials, or payments therefor, or any combination of all of these acts, shall not relieve the Developer of his obligation to fulfill this Agreement as prescribed; nor shall the City be thereby stopped from bringing any action for damages arising :1RPORATE ACKNOWLEDGMENT No me State of California On this the 7th day of July 198-7, before me, Ss. County of Orange Cheryl A. Johnson Q7 the undersigned Notary Public, personally appeared UI -455934 Anthony L. Bland and Mary Ann Hanover OFFICIAL SEAL A personally known tome CHERYI h. JOHNSON = Proved to moon the baste of satisfactory evidence nOTARY PUBLIC - CALFORNIA to be the person(s) who executed the within instrument as. a1 c . . C.:nv Mayor and City Clerk oronbe$S?fctf*—i,,rpora niherein Y. teas named and acknowledged tome that thsloorpowtl no eexecuted it. WITNESS my hand and official seal. Q / _ N 's Sign n D In NATxxVALNOTAnTAWOCIAnGt4 • 20012VaNlue&& • POell4M • we/01rM Hft CA 91304M STATE OF CALIFORNIA ss. COUNTY OF On this .,0 day of in IM year ML—7 before me, the up4larsignedANIlify Public to and for said State, personally appeared OFFICIAL iEZ xOTA N . BROwNINC .EWN Ll NOIgAVCAL60AN�q 1'f"' jAN O1EGO COUN1Y "' MY LomT E.p.1, 011 21 IOBB ACKIVVKENIWD(T-WW-weal. ft. rexA.:-M. ru C10112.01.01mil. INC. (PW lw re1 personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within Instrument on behalf of the Corporation therein named, and acknowledged to me that the Corporation executed ft. WITNESS my hand and otCKtaLseal. , Notary Public In and for said State. P7_10 EXEMPT Recording fees �nt due to Government Code 6103 "City Copy" R E� ORDTNG REQUESTED BY AND iLN RECORDED MAIL RETURN TO C 'v of San Juan Capistrano 324u0 Paseo Adelanto San Juan Capistrano, CA 92675 DEVELOPMENT AGREEMENT THIS AGREEMENT is made by and between the CITY OF SAN JUAN CAPISTRANO, a municipal corporation, hereinafter referred to as the "City" and DtVTDF.ND DEVFLOPMFNT CORP.; a California corporation, referred to as "Developer". Documentary T Tax - No Consider4tion ary Ann Ha v ,City Cle k City of San an Capistrano WITNESSETH Whereas, City will issue Grading Permit No. 681G to Developer to construct certain designated improvements, more particularly described in Exhibit "A" attached and incorporated herein by reference, which said improvements constitute a portion of that real property described as Tentative Tract Map No. 12633, at the location of 28682 San Juan Creek Road, commonly referred to as Lacouague Ranch. Whereas, San Juan Capistrano Municipal Code 8-5.10(a) requires the posting of financial security to secure the faithful performance and labor and materials for the grading and installation of improvements connected with the issuance of grading permits; NOW, THEREFORE, in consideration of the premises and promises hereinafter contained, City and Developer agree as follows: 1. Developer's Improvements Obligations. Developer shall, at its sole cost and expense, provide and furnish all labor, materials and equipment for the installation of improvements set forth in Exhibit "A". Except for the plans referred to in Item 5, the t' grading permit and precise grading plans and landscaping and irrigation plans which further define the improvements in Exhibit "A" are on file in the office of the City's Building Official, and all documents referenced in Exhibit "A" are incorporated herein by reference. 2. Developer's Security. Developer shall provide two (2) bonds by a duly authorized corporate surety(ies), subject to the approval of the City's City Attorney, to secure Developer's improvement obligations required under this agreement. The amount of Bond No. 1 shall be $1,619,993 for that work within Tracts 12633, 13025, 13026 and 13027 excluding Lot A and Parcels 1 and 2. The amount of Bond No. 2 shall be $33,000 for that work within Lot A and Parcels I and 2 not including channel improvements within San Juan Creek. The bonds shall provide that the Surety shall pay attorney's fees incurred by the City in enforcing the development agreement and Surety Bonds. A draft copy of the bonds, as approved by the City Attorney, are attached as Exhibit "C" and "C-1". 3. Com tion of Improvements. To ensure the protection of the public safety, healt4y;Nd"tJ � Developer shall construct the improvements described in Items 1, 2, 3, 4, an�" s' mit "A" in accordance with the following schedule and conditions: ;Iii319 Alta L I4 %8 8Z Z 9 ORV QBhV30BV RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY. CALIFORNIA -119 PM JUL 14'87 COUNTY 1 HECORDE4 0 87-399436 4k, (A) The grading for this project shall be in substantial conformance to the grading concepts of Tentative Tract Map No. 12633 as approved by City Council Resolution No. 86-6-17-4, attached as Exhibit "B", and in strict conformance with the grading plans and related documents as described in Exhibit "A" and Grading Permit No. 681-G. (B) The supervising civil engineer and soils engineer shall file biweekly progress reports of all grading operations with the Building Official. An interim compaction report, for that work completed at the time work is suspended for the rainy season (see F below), shall be filed with the Building Official. This interim report shall conform to the grading code requirements for Final Compaction Reports. (C) A sequence plan of grading operations shall be approved by the Director of Community Planning and Development prior to the issuance of any grading permit for this project. Any variation or deviation in the sequence of operations must be recommended, in writing, by the supervising civil and soils engineers and approved by the Building Official prior to performing any work related to the variation or deviation. (D) A building construction phasing plan shall be submitted for review by Development Services Division no later than September 1, 1987. Said plan must be approved prior to issuance of any building permits for any structures within the boundaries of this project. (E) Grading operations described in Items 1 and 2 of Exhibit "A" shall commence within fourteen (14) calendar days after issuance of Grading Permit No. 681G and no later than July 15, 1987, whichever comes first. (F) Unless otherwise approved by the Director of Community Planning and Development prior to September 1, 1987 (see G below for conditions of submittal), all grading operations (including buttress/stabilization operations) shall be completed or suspended no later than October 1, 1987, and approved erosion -control measures shall be in place from October 15, 1987 through April 15, 1987. In no case shall buttress cuts, shear key slots and slide planes be permitted to be exposed during the rainy season unless specifically approved, in writing, by the Director of Community Planning and Development prior to October 1, 1987. The Development Services Administrator may restrict any buttress/ stabilization operations in any area if in his opinion the required buttress fill will not be in place and properly compacted in accordance with specifications prior to October 15, 1987. (G) The Director of Community Planning and Development may, upon written application from the Developer, approve the completion of work which is in progress on October 15, 1987, if such work can be adequately protected from erosion during the completion of said work. requirements of Exhibit "A", Item 4. (N) Developer shall employ a special inspector for grading operations in accordance with Uniform Building Code Section 306 (a) (I1) and (12) (b) and (c). Said special inspector and a schedule for need of services shall be approved by the Development Services Administrator prior to the required pre -grade meeting. BT -399436 41 (0) Construction and grading equipment traffic shall take access through Rancho Mission Viejo only. (P) Grading plans for that portion of Parcels 1 and 2 and Lot A lying northerly of San Juan Creek Road and southerly of the ultimate San Juan Creek channel improvements shall be submitted to the Department of Community Planning and Development for approval. Approval of these plans and issuance of necessary grading permits for that work is required prior to issuance of any building permits. These plans must reflect grading coordinated with approved channel improvement plans for San Juan Creek. All work shown on these plans must be commenced within two (2) weeks after approval by City of said plans and all work must be complete prior to issuance of any Certificate of Occupancy for buildings within Tracts 12633, 13025, 13026 and 13027. 4. Soils Subsidence Program. Prior to the issuance of the grading permit, Developer shall enter into a program of soil subsidence insurance as established by City. 5. Developer Default. In the event Developer does not complete the required improvements, including erosion -control measures landscaping and irrigation, within the time required, or abandons the project site, or suspends work other than previously prescribed, City shall have the right to immediately declare a default and to make demand on the surety for performance. 6. Attorney's Fees. Developer agrees to pay City such sum as the court may adjudge as reasonable for the legal services of an attorney representing City in an action brought to enforce or interpret the obligations of this agreement, and such sum shall be made a part of any judgment in such action against Developer if such action is determined in favor of said City. 7. Developer's Work in Safe Condition. Developer shall perform all work in a safe, workmanlike manner and shall take such precautions as may be necessary to warn and protect the public from any dangerous condition caused by the construction of said improvements. 8. Liability. Developer shall hold City, its officers and employees harmless from any and all claims, demands, causes of action, liability or loss of any sort because of, or arising out of, the acts or omissions of Developer, his contractor, subcontractors, agents or employees in the performance of this agreement. � B7-39943 In Witness Whereof, the parties have executed this agreement as Of July 7. 1987, at San Juan Capistrano, California. Di a Ti Approved as to Form: City of San Juan Capistrano • �%/�/f,� ,Lys ANTHONY L��AND Title: Mayor Attest: Zy/ Hanover Clerk STATE OF CALIFORNIA }ss. COUNTY OF ,� C On this a-30 day of in the year tg z before me, the undersigned, a Not6 PyAic in and for said State, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within Instrument on behalf of the Corporation therein named, and acknowledged to me that the Corporation executed it. OFFICIAL SEAL fY ln, KATHLEEN A. BNOWNING �1U'?="r,""�' "oTaN��'ueuc-cnuFoaNin WITNESS my hand and official. seal. �L'1r�+,� SAN DIEGO COUNTY Notary Public In and for said Slate. ACKNDWIEDGMENT—Ge@malleo—WNmSc"222G-x—Nn, 5.12 II 0 P82 WDlfDTd S. INC. (W6ecWl82) CORPORATE ACKNOWLEDGMENT State of California SS. County of Orange 117111 n20122 8T-399436 NO 202 On this the 7th day of July 1967 , before me, Cheryl A. Johnson the undersigned Notary Public, personally appeared L. Bland and Mary Ann Hanover ® personally known tome ❑ proved tome on the basis of satisfactory evidence to be the person(s) who executed the within instrument as. Mayor and City Clerk or on behalf ofth3 porafoniherein mun>ci named, and acknowledged to me that the%orporatl n executed it. WIT,KSS my hand and official seal. NATIONAL NOTARY ASSOCIATION a 23012 Ventura Blvd. • P.O. Bw4625 a W00dI9nd HiII%CA 913654625 L SEAL OHNSON mm- - CALIFORNIACOUNTYes NGV 11, 1989 n20122 8T-399436 NO 202 On this the 7th day of July 1967 , before me, Cheryl A. Johnson the undersigned Notary Public, personally appeared L. Bland and Mary Ann Hanover ® personally known tome ❑ proved tome on the basis of satisfactory evidence to be the person(s) who executed the within instrument as. Mayor and City Clerk or on behalf ofth3 porafoniherein mun>ci named, and acknowledged to me that the%orporatl n executed it. WIT,KSS my hand and official seal. NATIONAL NOTARY ASSOCIATION a 23012 Ventura Blvd. • P.O. Bw4625 a W00dI9nd HiII%CA 913654625 • 87-399436 EXHIBIT "A" (Dividend Development Corp.) Item 1: Construction of all on-site grading (cut, fill, and slope stabilization) operations in accordance with Grading Permit 681-G and the Developer's plans and supporting documents as listed below: (A) Grading Plan Tracts 12633, 13025, 13026, 13027, sheets 1 through 8 of 8, prepared by The Keith Companies, and approved by the City for permit issuance. (B) Sequence Grading Plan prepared by Developer and approved by the City for permit issuance. (C) Grading Plan for portions of Parcels 1 and 2 and Lot A to be submitted to the Director of Community Planning and Development prior to issuance of any building permits for Tracts 12633, 13025, 13026 and 13027. (D) Supporting Documents as follows: 1. Preliminary Geotechnical Investigation, prepared by Leighton and Associates, dated March 14, 1986. 2. Hydrology and Storm Drain Hydraulics prepared by The Keith Companies dated March 4, 1987. 3. Geotechnical Investigation and Grading Plan Review Report prepared by Zeiser Geotechnical, Inc. dated April 17, 1987. Item 2: Construction of all on-site improvements in accordance with Grading Permit No. 681-G and Developer's grading plans referenced in Item 1 above, including but not limited to: retaining walls, terrace drains, down drains, subdrains, area drainage systems and private storm drain systems not a part of Developer's Improvement Plans filed with Public Works Department of the City for Tentative Tract No. 12633. Item 3: Construction of all erosion -control devices, including any erosion control planting, in accordance Developer's Erosion -Control plans as approved by City. Item 4: Construction and placement of on-site and open -space planting, both erosion -control landscaping and permanent aesthetic landscaping in accordance with approved plans (to be submitted to the Director of Community Planning and Development prior to September 1, 1987) and City Council Resolution No. 86-6-17-4 Conditions of Approval (see Exhibit "B"). Item 5: Construction of all on-site grading (including cut and fill) on Lot A and Parcels 1 and 2 in accordance with Channel Improvement Plans as approved by City. Igg7r 4, �i 87-399436 59 RESOLUTION NO. 86-6-17-4 TENTATIVE TRACT 12663 (LACOUAGUE/RIVENDELL) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 12663 (LACOUAGUE/RIVENDELL) WHEREAS, the applicant, Rivendell Management Group, Ltd., 10318 - 82 Avenue, Suite 300, Edmonton, Alberta, Canada, T6E 1Z8, has submitted Tentative Tract Map 12663 proposing to subdivide approximately 263 acres of land into 232 residential lots and 6 lots for open space, park, and recreational land use, located on Assessor's Parcels Nos. 124-223-38 and 124-223-39; and, WHEREAS, the City's Environmental Review Board has determined that the proposed project will have a significant effect on the environment, has required the preparation of an Environmental Impact Report, which report has been certified as final by the City Council per Resolution No. 86-6-17-2 and has otherwise carried out all requirements of the California Environmental Quality Act; and, WHEREAS, the City Planning Commission has forwarded the tentative tract map to the City Council recommending approval; and, WHEREAS, a public hearing has been duly advertised and held to review and receive public testimony on the application; and, WHEREAS, the City Council of the City of San Juan Capistrano finds and determines as follows: 1. The proposed project, as conditioned, and its design and improvements are consistent with the 2.0 General Open Space and 1.1 Very Low Density Residential designation on the General Plan Map and is otherwise consistent with all other elements of the General Plan, including: a. Provision for an equestrian trail and bicycle trail that traverse the property in accordance with the Parks and Recreation Element; b. Provisicn of a public park, tennis, and equestrian facilities for outdoor recreation opportunities as per the Open Space and Conservation Element; -1- EXHIBIT B 87-399436 D T1 o rovision foi. improvel.,ts and dedication of s• `J ultimate nigh`--of-way for San Juan Creek Rcad and Avenida Siega as per the Circulation Element; d. Provision for a multi -phase testing program for CA -ORA 243 in accordance with the Historic/Archaeological Element; and, e. Clustering of residential densities in more Gentler portions of the property that will reduce the amount of landform alteration, as well as resulting in additional open areas in higher elevations adjacent to designated General Plan ridgelines consistent with the Land Use and Community Design Elements. 2. The proposed project, as conditioned, conforms to all applicable requirements of Title 9 of the City's Municipal Code (Land Use) and is consistent with the approved residential concept plan Growth Management 86-1. 3. The project site is physically suitable for the type and density of the proposed development. 4. The design and improvements of the proposed project will not cause substantial environmental damage, nor will said design or improvements avoidably injure wildlife or their habitat. 5. The design or improvements of the proposed project will not cause serious public health problems. 6. The design or improvements of the proposed project will not conflict with easements acquired by the public at large for access through or use of property within the proposed project. 7. The design or improvements of the proposed project will not interfere with the maintenance or preservation of an historical site as conditioned. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby approve Tentative Tract Map 12663, subject to the following conditions: 1. Home Warranty - The provisions of Chapter 8-6 of the Municipal Code (Home Warranty Ordinance) shall apply to any person, firm, or corporation selling or offering for sale within the project three or more dwelling units --not previously occupied for residential purposes --during any 1.2 -month period. -2- 87-399436 *-C&R's - n set of conditio..I, covenants, and 6 restrictions (CC&Rs) shall be prepared and implemented for the project. The CC&Rs shall include at a minimum: a. Provisions on the use and maintenance by the owners' association of recreation areas, other common areas, equestrian trails, and slopes. b. Provisions regulating parking and traffic control on private streets. The CC&Rs shall be approved by the Director of Community Planning and Development prior to approval of a final map. Grading Plan - A preliminary grading plan for the project shall be approved by the Planning Commission prior to approval of a final map. Architecture - Architectural elevations shall be approved by the Planning Commission prior to approval of a final map. Landscape and wall Plans - Landscape, street tree, and fence/wall plans shall be prepared and implemented for the entire project. Preliminary landscaping, street tree, and fence/wall plans, including the landscape buffer adjacent to Paseo Riobo, shall be approved by the Planning Commission prior to approval of a final map. Following such plan approval, final working drawings shall be approved by the Director of Community Planning and Development. Landscaping Installation - Landscaping shall be installed as follows: a. Erosion -control landscaping for all manufactured slopes shall be installed immediately after the certification of rough grading by the City. b. Street trees and all other non -erosion - control landscaping shall be installed in accordance with a landscape phasing plan approved by the Director of Community Planning and Development. No final building inspection shall be conducted for any dwelling unit within a given phase until all landscaping has been installed for that phase and approved by the Department of Community Planning and Development. -3- 7. ndscape Maifi'terY 9415d •ntenance Easements - The developer shall be responsible for adequately installing and maintaining all landscaping until such maintenance may be assumed by the homeowners' association. An open space maintenance easement shall be created over all major slopes that are within residential lots. Landscaping on said slopes shall be maintained by the homeowners' association. S. Street Names - Street names shall be approved by the Director of Community Planning and Development prior to approval of a final map. 9. Vehicular Access Rights - Vehicular access rights to Sar. Juan Creek Road, Avenida Siega, and Street "A" shall be released and relinquished to the City, except at street intersections. 10. Public Streets - The following public streets shall be designed, constructed, and dedicated in accordance with Section 9-4.103 of the Municipal Code: a. San Juan Creek Road - Ultimate right-of-way to secondary standards shall be dedicated to the City from its present terminus at Tract 9786 (Hidden Mountain) to the easterly tract boundaries. Street improvements to include two travel lanes and one continuous through turn lane from Tract 9786 to 50 feet east of its intersection with Street "Q." b. Street "A" - Ultimate right-of-way for Street "A" to commuter rural standards shall be dedicated to the City from its intersection with San Juan Creek Road to the southern tract boundary. Improvements shall be in accordance with Section 9-4.103 of the Municipal Code. Said improvements shall be installed from San Juan Creek Road to 50 feet southerly of its intersection with Street "H." 11. Private Streets - The private streets shall be designed and constructed in accordance with Section 9-4.103 of the Municipal Code. -4- 8�-39943 12. Geotechnical Study - A gec7_chnical feasibility6 study shall be completed to determine the seismic safety and soils stability of all proposed grading and development within the project. This shall include the fill material located within the San Juan Creek Flood Plain Area which has not been certified for compaction. The report shall be reviewed and approved by the Building Official prior to approval of a final map. Development of all areas in the Tract consistent with the CDP shall be subject to any remedial grading required by the Building Official as a result of the geotechnical study. 13. Utility Easements - All utility easements shall be identified as public utilities (water, sewer, electrical, telephone, etc.) or storm drain. 14. Equestrian Trail - a. The equestrian trail crossing of Street "A" shall be relocated at a street intersection. b, width of the equestrian trail shall be a minimum of 20 feet. C. Dedication and design of the equestrian trail shall be in accordance with Section 9-4.106 of the Municipal Code. Said standard improvements shall include restricted trail entries per the adopted Equestrian/Hiking Trail Design Manual at all street intersections. d. The grade separated crossing at San Juan Creek Road shall be designed to incorporate a low -flow pipe to transmit nuisance flows without impacting the tread for the trail. e. The following provisions shall be included within the CC&Rs for the subdivision: (1) Provision for maintenance of all equestrian trails by the homeowners' association. (2) Provision requiring prior City approval of any amendment to the CC&Rs that will, in any manner, affect the integrity of the equestrian trail system or its level of maintenance. (3) Provision requiring that all tract maintenance conform to the "Maintenance Standards" as per the City's adopted "Equestrian/Hiking Trail Design Manual." -5- 8T-399436 64 • (4) Provision within e CC&Rs that gives the City the richt to assur..e maintenance of the equestrian trails if the City determines, after a duly noticed hearing, that the homeowners' association has not maintained the equestrian trail at the standards per the adopted Equestrian/Hiking Trail Design Manual. Further, if the City assumes maintenance of the trail system, all costs, including administrative, shall become a lien or. each residential lot within the subdivision. 15. Parcel 2 Access - Access to Parcel 2 shall be at the intersection of San Juan Creek Road and Street „Q. „ 16. San Diego Pipeline - The lot lines for parcels 210 - 212 shall be revised in such a manner that the San Diego Pipeline easement is not included within said lots. Furthermore, disclosure of the pipeline shall be provided as required by the City including statements in the CC&Rs and Real Estate report. All manufactured slopes shall be located outside the pipeline easement. 17. Off -Site Improvement Participation - The applicant shall enter into a development agreement to participate in the following off-site improvement projects in an amount equal to the subdivision's contribution to ultimate traffic volumes: a. Future traffic signalization of San Juan Creek Road and La Novia Avenue. b. Future widening of San Juan Creek Road to secondary standards between La Novia Avenue and Camino Santo Domingo. C. Future traffic signalization of La Novia Avenue at Calle Arroyo. 18. Off -Site Improvements - The applicant shall enter into an agreement with the City for the design and construction of the following off-site improvements: a. La Novia Avenue - Design and construct La Novia Avenue between San Juan Creek Road and Calle Arroyo, including street section, bridge approach, and bridge to full secondary arterial standards. 0 _ 87-399436 San Juan Creek Road been La Novia Avenue _ and Camino Santo Domingo - San Juan Creek Road between La Novia Avenue and Camino Santo Domingo shall be improved to provide a minimum of two through travel lanes and a continuous left -turn lane. Improvement plans shall be submitted for this road segment improvement for review and approval as to design to the City Engineer. Said agreement shall provide for methods of funding the project and timing of improvements in relationship to development or occupancy within the Tract. 19. Drainage - The applicant shall satisfy the following conditions regarding drainage: a. The applicant shall submit a final grading plan and hydrology calculations prepared by a registered civil engineer with submittal of street improvement plans and/or final map. The extent of topography of the grading plan shall be sufficient to determine drainage impacts to adjacent properties. b. The applicant shall furnish a storm run-off study showing existing and proposed facilities and the method of draining the area of the subdivision and any tributary areas without exceeding the capacity of any on-site or off-site street. C. Drainage facilities shall be provided with necessary easement, where required. All facilities shall be designed in accordance with the Master Plan of Drainage and Municipal Code standards. d. Any connections to City storm drains from private on-site drains shall be approved by the City Engineer. A recorded hold -harmless agreement is required for private storm drain connections to City facilities. e. Private on-site storm drains shall be maintained by the homeowners' association. f. All work done within the Orange County Flood Control District easement shall be designed in accordance with the ultimately reviewed adopted San Juan Creek Specific Plan under permits from said agency. The developer shall recognize that the ultimate design standards for San Juan Creek may require adjustments to the development portion of Parcels 1 and 2. -7- h' 87-3994% �' v 6 20.reef Lights - The applico shall furnish and o install mercury vapor street lights with Mission Bell fixtures on Marbelite poles per City standards. The applicant shall pay applicable advanced energy fees. 21. Soils Subsidence Insurance - The applicant shall participate in a program to ensure against damage from soils subsidence. Prior to issuance of a grading permit for the subdivision, the applicant shall enter into a program of soils subsidence insurance as established by the City. 22. Arborculturalist - The landscape plan shall be reviewed by an arborculturalist to evaluate the survival and maintenance of trees and shrubs upon maturity. A report shall be submitted to the Director of Community Planning and Development with findings and recommendations. The Director may use that report to modify the approved landscape plan. 23. Open Space Easements - Open space conservation easements over Lots B and C shall be dedicated to the City of San Juan Capistrano. 24. Construction Access and Phasing - The developer, prior to issuance of any permits, shall submit a haul route, construction access and phasing program to the Director of Community Planning and Development for review and approval. Said plan shall depict the extent of grading and public improvements which are to be constructed for each separate phase of development. Furthermore, the developer shall provide and utilize a separate haul route and construction access road other than San Juan Creek Road. 25. Access Easement - Paseo Riobo - The Tentative Tract Map shall be revised to provide for widening of the Paseo Riobo Road easement in areas where it is less than 20 -foot wide in order to maintain it as a continuous 20 -foot easement adjacent to the Tract. am 87-39943fi � 1 67 26. Fees - All required fees shall be paid prior to approval cf a final map. PASSED, APPROVED AND ADOPTED this 17th day of June 1986 KENNETH E. RIESS, MAYOR ATTEST: CITY C RK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 86-6-17-4, adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 17th day of June 1986 , by the following vote: AYES: CounciLzmen Buchheim, Hausdorfer, and Mayor Friess NOES: None ABSENT: CounciLmen Schwarttze and Bland f1 (SEAL) C c7� A /6�� ��2 MARY N H}KNOVER, C TY C� 2 PERFORMANCE BON N0. 1 KNOW ALL MEN BY THESE PRESENTS: • DRAFT 87-399436 That Dividend Development Corporation as Principal, hereinafter called CONTRACTOR, and as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of one million six hundred nineteen thousand nine hundred ninety three 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 July 7, 1987 , entered into a (describe agreement) Development Agreement Exhibit A, items 1 thru. 4, for grading and on-site improvements of property described as Tentative Tract Number 12633, located at 28682 San Juan Creek Road and commonly referred to as The Lacouague Ranch. - - 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 EXHIBIT C 87-39943 • PEP.FORMANCE BONL DRAFT N0. 2 KNOW ALL MEN BY THESE PRESENTS: That Dividend Development Corporation as Principal, hereinafter called CONTRACTOR, and as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of thirty three thousand 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 July 7, 1987 , entered into a (describe agreement) Developnent Agreement with the City of San Juan Capistrano providing in part that Developer perform certain grading improvements relating to Lot A and Parcel 1 and 2 of Tentative Tract 12633 which are more specifically set forth in paragraphs 1, 2, 34, 3B, 3F, 3G, 3H, 3I, 3J, 3K, 3N, 4, 5, 6, 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 EXHIBIT C-1 8T-399436 be taxed as costs and included in any judcmer.- renderer. 2. Said Surety, for value received, hereby stipulates and agree: that no change, extension of time, alteration, or modifi- cation of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. Executed this day of 19 , at , California. APPROVED AS TO FORM. Attorney PRINCIPAL (NOTARIZATION AND SEAL) SURETY (NOTARIZATION AND SEAL) 87-399436* be taxed as costs and included in an% judcmer.t renderer. 2. Said Surety, for value received, hereby stipulates and acrees that no change, extension of time, alteration, or modifi- cation of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. Executed this day of 19 , at , California. APPROVED AS TO FORM.. PRINCIPAL (NOTARIZATION AND SEAL) SURETY (NOTARIZATION AND SEAL) July 13, 1993 Matthew L. Tingler Project Manager Warmington Homes 3090 Pullman Street, Ste. A Costa Mesa, CA 92626 12e: Surety Bond No. 120 90 34 Dear Mr. Tingler: MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL GARY L. HAUSOORFER GIL JONES CAROLYN NASH JEFFVASOUEZ CITY MANAGER GEORGESCARBOROUGH Enclosed is a copy of a letter to Mr. Bergan of Insurance Company of the West authorizing the reduction of the above referenced bond No. 120 90 34 for the Warmington Homes project in the City of San Juan Capistrano. The reduction of the bond is from $282,879.00 to $71,250.00 to guarantee completion of the remaining outstanding items identified on the attached list. If you have any questions or need further assistance, please contact me. Sincerely, 4aniet . McFarland Building & Safety Manager DWM/st Attachment cc: George Scarborough William Huber City Clerk 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171 I'or . • July 13, 1993 Billy G. Bergan, Attorney -in -Fact Insurance Company of the West C/o McGee do Thielen 2525 Natomas, Ste. 270 Sacramento, CA 95833 Re: Surety Bond No. 120 90 34 for Warmington Homes MEM8ERS OF THE CITY COUNCIL COLLENE CAMPBELL GARY L. HAOSDORFER GIL JONES CAROLYN NASH JEFF VASQUEZ CITY MANAGER GEORGESCARBOROUGH This letter serves as authorization to reduce Surety Bond No. 120 90 34 posted for the benefit of Warmington Homes for improvements within Tracts 13027 and 12633 within the City of San Juan Capistrano, California. The original bond for $282,879.00 shall be hereby reduced to $71,250.00 to guarantee completion of the remaining outstanding items identified on the attached list. Also attached is a copy of the original bond for your reference. If you have any questions or need further information, please contact me. Sincerely, 6an4iel. Building do Safety Manager DWM/st Attachments cc: George Scarborough William Huber City Clerk 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (7f4) 499.1171 °y WMLINGTON JUN 2 2 1993 HOMES June 18, 1993 Mr. Dan McFarland City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 RE: Grading Bond #120 90 34 Dear Dan: Warmington Homes, on behalf of Warmington San Juan Associates, hereby requests that Grading Bond #120 90 34, posted by Warmington Homes in the amount of $282,879 (attached), be reduced to $71,250. This new amount is 125% of the estimated work left to complete the on-going landscape repair and debris wall installation in Tract's #12633 and #13027. On-going Landscape Repair $ 15,000 Debris Wall (estimate previously sent) 5 42,000 Subtotal $ 57,000 x 1.25 TOTAL $ 71,250 The work on the retaining walls and the canyon debris fence has been completed (see attached letter). Your timely consideration of this matter would be most appreciated. Sincerely, WARMINGTON HOMES Matthew L. Tingler Project Manager Attachments cc: L.J. Edgcomb 3090 Pullman Street, Suite A, Costa Mesa. California 92626 (714) 557-5511 -FAX(714)641-9337 I k 011110111E — July 13, 1993 Billy G. Bergan, Attorney -in -Fact Insurance Company of the West c/o McGee do Thielen 2525 Natomas, Ste. 270 Sacramento, CA 95833 deo., Lb' mla,rowww n,Bu,em �� 1961 1776 Re: Surety Bond No. 120 90 34 for Warmington Homes MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL GARY L. HAUSDORFER OIL JONES CAROLYN NASH JEFF VASQUEZ CITY MANAGER GEORGESCARBOROUGH This letter serves as authorization to reduce Surety Bond No. 120 90 34 posted for the benefit of War mingtorf' Homes for improvements within Tracts 13027 and 12633 within the City of San Juan Capistrano, California. The original bond for $282,879.00 shall be hereby reduced to $71,250.00 to guarantee completion of the remaining outstanding items identified on the attached list. Also attached is a copy of the original bond for your reference. If you have any questions or need further information, please contact me. 4ncely,er anieI ,Aaan Building & Safety Manager DWM/st Attachments cc: George Scarborough William Huber City Clerk 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 t IMADI WAR INGTON JUN 2 2 1993 N-NCF HOMES June 18, 1993 Mr. Dan McFarland City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 RE: Grading Bond #120 90 34 Dear Dan: Warmington Homes, on behalf of Warmington San Juan Associates, hereby requests that Grading Bond #120 90 34, posted by Warmington Homes in the amount of $282,879 (attached), be reduced to $71,250. This new amount is 125% of the estimated work left to complete the on-going landscape repair and debris wall installation in Tract's #12633 and #13027. On-going Landscape Repair $ 15,000 Debris Wall (estimate previously sent) S 42,000 Subtotal $ 57,000 x 1.25 TOTAL $ 71,250 The work on the retaining walls and the canyon debris fence has been completed (see attached letter). Your timely consideration of this matter would be most appreciated. Sincerely, WARMINGTON HOMES Matthew L. Tingler Project Manager Attachments cc: L.J. Edgcomb 3090 Pullman Street, Suite A, Costa Mesa, California 92626 (7 (4) 557-5511 -FAX (714) 641-9337 1 "EMIUM 53,382.00 STAT "ropy PLRTOR xNCZ BOND KNOW X:.:. MLN BY "_'EESL: PRESENTS, that WARMINGTON SAN JUAN ASSOCIATE L.P.. A CALIFORNIA LIMITED P�ZP as Principal, hereinaftar called CONTRACTOR, and INSURANCE COMPANY OF THE WEST , as Surety, hereinafter called SURETY, are hold and firmly bound ur.tc the City of San Juan Capistrano, as Obligee, hereinafter called C-. in the amount OfTWO HUNDRED EIGHTY TWO THOUSAND EIGHT HUNDRED SEVENTYD011ars NINE 5 0/10 (s 282,879.00 ***) for payment whereof Contractor and Surety t�lnd =am - selves, their heirs, executors, administrators, succtssors, and assigns, jointly and severally, fairly by these presents. wHEREAS, Contractor is required to provide a faithful per- foranee bond pursuant to the statutory requirements of the San Juar Capiatrano Y.unicipal Code to guarantee certain work, more pa--tic--,Lai described as follows: LANDSCAPE REPAIRS, RETAINING WALL REPLACEMENT, CANYON DEBRIS FENCE AND DEBRIS WALL INSTALLATION IN TRACTS 13027 AND 12633. t7G�, �p.EP.�t'OF�F.r the C:O.^.di ti Ca 0! -.-a obli:ation is such ri^c:ral shall pro_ptly and `_aithf I v pe --!o— said statutery obI4-aticn, then this obligation shall be null and void, otherwise it shall remain ir. full force and effect. Suretv valves whatever legal _ic t it ray have to require that a demand be made first agai: the Principal in the event of default. BE __ ?UR'zzR R=SOLIVI:D, that: Az a .art of the oblicatior secured hereby, and in add: - to the :ace amnun t stacidied, thtrt shall be costs avid reason�le er_?enzez and _`eev, including reaso-&ble attornev's fees, 1-1 L incurred by City in successfully enforcing such obligation, all to is be taxed as costs and included in any judgment rendered. a 2. Said Surety, for value received, hereby stipulates and .agrees that no change, extension of time, alteration, or modificati of statutory obligation, or of the work to be performed thereunder, shall in any way affect its cbligations or this bond, and it does hereby waive notice of any such change, extension of time, alterati� or modifications, or of tho work to be performed thereunder. Executed this 27TH day of MAY 1992 at SACRAMENTO , California. PRINCIPAL WARMINGTON SAN JUAN ASSOCIATES CALIFORNIA LIMITED PARTNERSHIP BY: APPROVED AS TO FORM. C�L esep�� Jon R. Shaw �Vty Attorney Fage 2 - STATUTORY PERFORM,".2iCE BOND L.P, A (NOTARIZATION AND SEAL) SURETY By INSURANCE COMPANY OF THE WEST Title (NOTARIZATION AND SEAL) STATE OF CALIFiQ8LLL.4.e ss. COUNTY OF-- __-._ On May -28, 1992 before me. the underslgnec. a Notary Public in and for said State. personally apoearec_James P.-Waanington _ — — - __. personally known tome for proved tome on the ? basis of satisfactory evtdencel to be the Persons who executed the within Instrument as Cha17man aril ♦'t on behalf of Wa=UXj3torl -Hanes J_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ C= thecorporation tnerem nameo and acknowleoged to methal sato corporation executed the within instrument pursuant to its by. laws or a resolution offs board of dtrectors.sa,acorporat,onbeing OFFIMAL UAL MARY W Y known to me to be the general Partner ofNOM!�=�r�ly `^+nrX CAUFOMA AMM COUNTY San Juan Associates,_ L.P.--- _-- ot.°A. ON at. ING - the limited partnership mat executed the wMm mstrument. and acknowledged to me that such corporation executed the same as such banner and that such pannersmo executed the same WITNESS and and off, al `oSi - gnature This area fpr official notarial seah ATTORNEY IN FACT ACKNOWLEDGMENT I STATE OF CALI OR mento ss' County of t) On this 1992 27th day of May , in the year .before me, a Notary Public in and for said -_--Saczame=O --County. State of California, residing therein, duly commissioned and sworn. personally appeared —8,y1,1.y C R $ [} personally kir to me, C] proved to me on the basis of utisfactory evidence to be the person whose name is subscribed to this instrument as the attorney in fact of Insurance Company of the West and acknowledged to me that C&be ❑ she subscribed the name of _ Lnsugauce CO2Rany of the Wes[ __thereto as surety, and ® his Q her own name as attorney in fact. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. Judy L. Maxwell U Comm. #954550 —(!% Nota y Public Q • NOTARY PUBUC • CAUFORNIA q q SACRAMENTO COUNTY O o%1a1./�--------- ................ My Comm. Explres Feb. 29. 199E'' My commission expires _._—.-.-._._._ _ xeao.a—t-u INSUANCE COMPANTY OF ILE WEST HOME OFFICE: SAN DIEGO. CALIFORNIA Certified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Insurance Company of the West. a Corporation (July authorized and existing under the laws of the State of California and having its principal office in the City of San Diego. California, does hereoy nominate. constitute and a000int: BILLY G. BERGAN ROBERT E. SANFORD JOHN B. WOOD its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognizanees or other written obligations in the nature thereof. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Insurance Company of the West at a meeting duly called and held on the Sixth day of February, 1973, which said Resolution has not been amended or rescinded and of which the following is a true, full, and complete copy: "RESOLVED: That the President or Secretary may from time to time appoint Attorneys -in -Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys -in -Fact and revoke the Power of Attorney given him or her; and be it further "RESOLVED: That the Attorney-in-fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF, Insurance Company of the West has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officers this 29TH DAY OF APRIL 1986 t�gasFavro� INSURANCE COMPANY OF THE WEST c460a+�� President STATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO On this 29TH DAY OF APRIL 198Ebefore the subscriber, a Notary Public of the State of California, in and for the County of San Diego, duly commissioned and qualified, came ERNEST RADY, President of INSURANCE COMPANY OF THE WEST, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknow- ledged the execution of the same, and being by me duty sworn, deposeth and saith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said Instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year first above written. b�J.4".SY.Y:.YfJ V 1 Wh"If aFF1CU65FILL PORTER i' NOR&% M1JT)dY FOEUG•UUFORNIA •. ji" P.,nt,Nl O:L,s n San Dieao Cavixr f7 Mf iemmism Eae. Jan. 3. 1288 r�Y.YJ>.Yir i.WafYa�� STATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO Notary Public I, the undersigned, Richard S. King, Secretary of the Insurance Company of the West, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been revoked. IN WITNESS WHEREOF. I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, this 27TH day of MAY 19 92 t�gu.F,tera� +u w•oaroa, r �� irw r0i :'ro F\r 5'R�1 �IIIi0AN1j, ecretary N0. 120 90 34 �yjU Q �MIUM $3,382.00 R l 1/13 03 to bonSTAT4TOP.Y PERTORKANCE SO1 �50 . cc Pk/L� KNOW JLLL KEN BY :'HESE' PRESENTS, that WARMINGTON SAN JUAN ASSOCIATES, L.P.. A CALIFORNIA LIMITED PARTNERSHIP as Principal, hereinafter called CONTRACTOR, and INSURANCE COMPANY OF THE WEST as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount OfTWO HUNDRED EIGHTY TWO THOUSAND EIGHT HUNDRED SEVENTYDollars ($ 282,879.00 ***) for payment whereof Contractor and Surety inu Lnomoo*** salves, their heirs, executors, administrators, suecessors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor is required to provide a faithful per- formance bond pursuant to the statutory requirements of the San Juan Capistrano Municipal Code to guarantee certain work, more particularly described as f0110WI S LANDSCAPE REPAIRS, RETAINING WALL REPLACEMENT, CANYON DEBRIS FENCE AND DEBRIS WALL INSTALLATION IN TRACTS 13027 AND 12633, 174rA 4nX4#40 NOW, TF.EREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said statutory obligation, then this ob lige tion 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 FURTER 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, Ir incurred by City in successfully enforcing such obligation, all to e be taxed as costs and included in any judgment rendered. 0 2. Said Surety, for value received, hereby stipulates and .agrees that no change, extension of time, alteration, or modification of statutory obligation, or of the work to be performed thereunder, shall in any way affect its cbligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations or modifications, or of the work to be performed thereunder. Executed this 27TH day of MAY 1992 at SACRAMENTO , California. APPROVED AS TO FORM. Jon R. Shaw Ty Attorney Page 2 - STATUTORY PERFORMANCE BOND PRINCIPAL WARMINGTON SAN JUAN ASSOCIATES, L.P, A CALIFORNIA LIMITED PARTNERSHIP BY: (NOTARIZATION AND SEAL) SURETY By INSURANCE COMPANY OF THE WEST Title BILLY G. BERGAB THEY7TR-= (NOTARIZATION MW SEAS.) a m STATE OF CALIFORNIA `m COUNTYOF _ Orange c `m I" On lZy 28, 1992 ,before me, the undersigned, a Notary Public in and for p- _ _ _ _ _ _ — — — — — xxxkx Said State, personally appeared _ Jalnes P. I'�dZllll-RtgtOIl .E — — — — — — — — — — — — — — — — — personally known to me (or proved to me on the iO basis of satisfactory evidence) to be the persons who executed the within instrument as �r�,���. C1ainran and n C.E.O. , on behalf Xallni lgtOn 11l.allG �l U the corporation therein named, and acknowledged to me that said m corporation executed the within instrument pursuant to its by - m laws ora resolution of board of directors, said corporation being o E known to me to be the general partner of _WaYI[I1.IKgtQn wm:rM MIiFcmoowm aSan Juan ASsOCiateS, L.P. +tMi ° y the limited partnership that executed the within instrument, and U acknowledged to methal such corporation executed the same as N such partner and that such partnership executed the same. cO WITN S my hand and otic- eal. o Signatur _ (This area for official notarial seal) 0 ATTORNEY IN FACT ACKNOWLEDGMENT STATE OF CALIFORNIA ss• Sacramento County of...................................................................................... 27th., da May ..., in the .............. before me, a Notary On this_.............................................................._. y of.............................._.._.............................._. Year..._........�.9..Q.�..............._._......._. Y Public in and for said -....SaC>wameitLo...................................................................................................County, State of California, residing therein, duly commissioned and sworn, personally appeared ......$i.lly-..-G_..He.rgan .......... ._.......... ..... ........ .......... ... _...... .... ... ..... _... ........ [?I personally known to me, ❑ proved to me on the bask of satisfactory, evidence Insurance Com any of the West to be the person whose name is subscribed to this instrument as the attorney to fact of......_.___............................_._..._p..._..__._._.__.._..._.._....__.._..._.__._____._._._......_._.. and acknowledged to me that [Phe ❑ she subscribed the name of .....InsuiBnce.-. Company .of .the. West thereto as surety, and ® his ❑ her own name as attorney in fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. I r Judy L. rV Comm. #954550 Notary Public V NOTARY PUBLIC - CALIFORNIA / / SACRAMENTO COUNTY n My commission expires ............ off.Y.W.................................................... ......... My Comm. Expires Feb. 29, 1996•' aeawx—i-sa INSURANCE CE COMPANY OF THE WEST HOME OFFICE: SAN DIEGO, CALIFORNIA Certified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Insurance Company of the West, a Corporation duly authorized and existing under the laws of the State of California and having its principal office in the City of San Diego, California, does hereby nominate, constitute and appoint: BILLY G. BERGAN ROBERT E. SANFORD JOHN B. WOOD its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in Its name, place and stead, to execute, seat, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Insurance Company of the West at a meeting duly called and held on the Sixth day of February, 1973, which said Resolution has not been amended or rescinded and of which the following is a true, full, and complete copy: "RESOLVED: That the President or Secretary may from time to time appoint Attorneys -in -Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys -in -Fact and revoke the Power of Attorney given him or her; and be it further "RESOLVED: That the Attorney-in-fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney -in -Fact shall be as binding upon the Company as it signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF, Insurance Company of the West has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officers this 29TH DAY OF APRIL 1986 cpMPNNY� INSURANCE COMPANYOF THE /WEST �4600.NJ President STATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO On this 29TH DAY OF APRIL 1986before the subscriber, a Notary Public of the State of California, in and for the County of San Diego, duly commissioned and qualified, came ERNEST RADY, President of INSURANCE COMPANY OF THE WEST, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknow- ledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year first above written. /\ M1.4".S'Yx514 :Y,1YiAWeVL�i+W1aNWY C, OFFICIAL SEAL \ / ��� 7 ''�� iJORh4A PORi'ER ///y/r se ,Fu -x. Kr:. M1O�ARY F88LIC•CALIFORNU .�i,.a"'" P:,�fpel OKfuem Sin Dipo CwrM Notary Public ,d "�' � My icmmittia EzO. lan. 8, 1988 M1Y„Y.4t'h :'L.WiI ULYY.'1rt STATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO 1, the undersigned, Richard S. King, Secretary of the Insurance Company of the West, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been revoked. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, this 27TH day of MAY 19 92 ICW CAL 37 (REV. 5/82) - ecretary WAR�IINGTON HOMES �G33 CALIFORNIA July 7, 1999 City of San Juan Capistrano Attn: Dan McFarland 32400 Paseo Adelanto San Juan Capistrano, CA 92675 RE: Bond Release For Bond #120-90-34 Tract # 13 027/1263 3 Dear Mr. McFarland, - >1 Iv I RECEIVED JUL 0 8 1999 BUILDING DIVISION This letter is in follow-up to a release letter I mailed to you on 4/21/99 from the Association at the above mentioned project. On 5/26/99 I left a message to inquire on the status of my request and have not heard a response. If additional information is required to obtain bond exoneration please let me know. Please send a copy of your release letter to me and I will forward a copy to our Surety Company for final exoneration. If you have any questions please feel free to contact me at (714) 434-4326. Thank you. Sincerely, Warmington Homes California Carol A. Addison Project Administrator /caa cc: Sam Shoucair — City of San Juan Capistrano Bond File Z m CO CJ _m N N !>t U LO 3090 PULLMAN STREET. SUITL-A -COSTA MESA. CALIFORNIA 92626 TEL (714)557-5511 -FAX (714)641-9337 - hup rµ wu�caemmgmnhnmcs um �� I J,Inio,rRn n f 5 11 IuuG 1961 1776 February 4, 1993 Mr. L. J. Edgcomb Warmington Homes 3090 Pullman Street, Suite A Costa Mesa, California 92626 MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL GARY HAUSOORFER GIL JONES CAROLYN NASH JEFF VASQUEZ CITY MANAGER GEORGESCARBOROUGH Re:Com letion of Private Street Improvements - Reduction of Bonds Tract 12633 Dear Mr. Edgcomb: At their regular meeting held February 2, 1993, the City Council of the City of San Juan Capistrano adopted Resolution No. 93-2-2-1, which declared the private street improvements for Camino Sancho and Via Leona to be complete. The Resolution authorized the reduction Performance Bond No. 9449205, held for private improvements, from $40,925 to $28,207. A copy of Resolution No. 93-2-2-1 is enclosed for your files. If you need any further information, please let us know. Very truly yours, Cheryl Johnso City Clerk Enclosure cc: Dividend Development Insco/Dico Group Director of Engineering & Building Sam Shoucair 32400 PASEO ADELANTO. SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 I(714) 493.1171 0 0 c elm ,71 UNMOI a RNIGIZ13 l Yl. _ V PIP . ►I The List of Demands dated December 31, 1992, in the total amount of $841,806.27, and the List of Demands dated January 22, 1993, in the total amount of $1,710,345.17 were received and filed. The Report dated February 2, 1993, from the Planning Director, regarding actions taken at the meeting of January 20, 1993, was ordered received and filed. 5. REPORT OF PLANNING COMMISSION ACTIONS (440.40) The Report dated February 2, 1993, from the Director of Planting Services, regarding actions taken at the meeting of January 12, 1993, was ordered received and filed. —� 6. RESOLUTION. DETERMINING COMPLETION OF PRIVATE STREET IMPROVEMENTS (CAMINO SANCHO AND VIA LEONA) AND AUTHORIZING REDUCTION OF BONDS (DIVIDEND SUBDIVISION IMPROVEMENT AGREEMENT. As set forth in the Report dated February 2, 1993, from the Director of Engineering and Building, the following Resolution was adopted declaring the street improvements for Camino Sancho and Via Leona to be complete: • Jul • • yt • uI' 1 • • � •; y! THE WARMINGTON HOMES) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DETERMINING COMPLETION OF WORK IN ACCORDANCE WITH PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF PRIVATE STREET IMPROVEMENTS AT CAMINO SANCHO AND VIA LEONA OF TRACT 12633, PHASE ONE, THE WARMINGTON HOMES/DIVIDEND The Resolution accepted the work as complete and authorized the reduction of Street Improvement Bond No. 9449205 for Tract 12633 from $40,295 to 528,207. The claim received by the City on January 20, 1993, from Lyda Obst for an unknown amount for Personal injuries was denied, as set forth in the Report dated February 2, 1993, from the City Attorney. l . 1:F." 9 1L Pro 't Consideration of an appeal of the Planning Commission's action of November 24, 1992, which required the applicant to secure a lot line adjustment to consolidate two lots prior to the construction of a tennis court. The applicants proposed construction of a tennis court on a lot adjacent to and separate from the primary residence. The project did not meet Municipal Code standards since tennis courts are City Council Minutes -2• 2/2/93 0 0 AGENDA ITEM February 2, 1993 TO: George Scarborough, City Manager FROM: William M. Huber, Director of Engineering & Building SUBJECT: Resolution, Determining Completion of Private Street Improvements (Camino Sancho and Via Leona) and Authorizing Reduction of Bonds (Tract 12633) RECOMMENDATION By resolution: 1. Determine completion of the private street improvements for Camino Sancho and Via Leona; 2. Authorize the reduction of the corresponding $40,295 Street Improvement Bond No. 9449205 for Tract 12633 to $28,207. SITUATION A. Summary and Recommendation Warmington Homes, the current developer of Tract 12633 (previously owned by the Dividend Development Co.), is requesting that the City determine that street improvement work for the two streets, Camino Sancho and Via Leona, is complete and that the corresponding bonds be reduced. Staff has inspected the street improvements and recommends the reduction of the corresponding bonds. B. Background Warmington Homes is the current developer of Tract 12633 which was previously owned by the Dividend Development Co. All the improvements within this tract have been constructed, the public facilities completed, accepted and finalled and corresponding bonds exonerated. The survey monuments and the final street pavement cap are usually completed after the homes are built. The developer has 48 buildable lots in the tract and is constructing his homes in three phases. He has recently completed Phase 1 which is comprised of 18 homes and two private streets - Camino Sancho and Via Leona. Both streets have also been capped and inspected. With the completion of the improvements as noted above, the determination of completion and the appropriate bond reduction is recommended as follows: BOND #. DESCRIPTION AMOUNT REDUCED TO 9449205 Performance Improvement, Private $40,295 $28,207 (Dividend Development) Exhibit A indicates the current status of the tract's bonds held by the City. FOR CITY COUNCIL AGER 3 � w AGENDAITEM February 2, 1993 Page 2 0 COMMISSION/BOARD REVIEW, RECOMMENDATIONS N/A FINANCIAL CONSIDERATIONS There is no cost to the City by this action. NOTIFICATION Hunters Creek HOA Rancho San Juan Estates HOA Creekside Equestrian Center (Dee Dee Gates) Tar Farms (Joyce Hoffman) Hidden Valley HOA (Ken Friess) Warmington Homes (L. J. Edgcomb) Dividend Development (James Medall) The Insco/Dico Group (Surety Company) 2. 3. TERNATE ACTIONS Adopt the resolution. Ido not adopt the resolution. Request additional information from staff. RECOMMENDATION By resolution: 1. Determine completion of the private street improvements for Camino Sancho and Via Leona; 2. Authorize the reduction of the corresponding $40,295 Street Improvement Bond No. 9449205 for Tract 12633 to $28,207. Respectfully submitted, William M. Huber, P.E. WMH/SS:cI Attachments: 1. Resolution 2. Location Map 3. Exhibit A 0 0 RESOLUTION NO. 93-2-2-1 M I• • • ',WON'• utflll• r'_�• • 021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DETERMINING COMPLETION OF WORK IN ACCORDANCE WITH PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF PRIVATE STREET IMPROVEMENTS AT CAMINO SANCHO AND VIA LEONA OF TRACT 12633, PHASE ONE, THE WARMINGTON HOMES/DIVIDEND WHEREAS, on the 7th day of July, 1987, the City of San Juan Capistrano entered into a Subdivision Improvement Agreement with Dividend Development Company for the construction of street improvements within Tract 12633; and, WHEREAS, Dividend Development Company has since transferred ownership and development improvement obligations of Tract 12633 to the Warmnington Homes; and, WHEREAS, Warmington Homes has requested that the City determine that the street improvement work for the two streets, Camino Sancho and Via Leona, is complete and that the corresponding bonds be redeemed accordingly and as follows: Bond No. Descriotion Amount Reduced To 9449205 Performance Improvement, Private $40,295 $28,207 (Dividend Development) NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Juan Capistrano as follows: SECHON 1. That the works of improvement required to be performed has been completed by Warmington Homes. SF=ON 2 That the completed private work is approved. -1- SECTION 3. That the surety, as outlined above, may be reduced as noted. PASSED, APPROVED, AND ADOPTED this 2nd day of February 1993. —FSI MAYOR ATTEST: CITY CLERI STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 2nd day of February , 1993, by the following vote: AYES: Council Members Nash, Hausdorfer, Campbell, Vasquez and Mayor Jones NOES: None ABSTAIN: None ABSENT: None (SEAL) CHERYL JOHNSON, CITY CLERK 64 310f 1JY1/1 1\ O Z ►� QNa: O Qc - �Q Q ZU � � _ O� IA VQ � QC/3 N �OU Q U •ri N H d N 10 11\ N � wa V _40 0 0 •4 U SC b+ U .,i W C •.�•1 111 cli .,1 4J r. w O 44 � ••Oi N Im rn OtP 44 �1 M r\i r 4 r.+ 0 ?M W CN+ 0 T \N 741 C 'Fi ie�1O r\ntor\i .OI OH Da 01 b ON 'HO 10 .,1 0\i O\i O a% vv oil, \ma�i� uvu D AA fn \ >+� A � A A A \ 4 -)bb y 'QN'dNA �'0Lb W y to 0144 u 4]\y 41 y U to U 4f 0) W •ri U N 10 N p t0 0 U to 0 .7 41 4 ••i i� ra ap q N y 0) -1 0 4 WD r4 r♦ CL 0 '0 H -'A H ri b r•1 4L P:fY W G a`�' 4)to9 aaaz t o co 0 vv o 0 0 0 000 0 LD UD vv o 0 0 Mo oo0 o Ln 1n r r r o o Mo o m E zr N N Lc 1n r•I tr C OH U) wl v v v N H7 %D %D 1[1 M g o ' w P u Sy U 4-) r-4 CO aa+ 0 3 y 41 r4 q14 u > ro N O •r1 JJ JJ 4) W .,.{ O H .0 r-4 •ri 4J a `a$m3o aD r. 0.0 +W m w 1n U 4) O Sd y 4) •11 W 4J C rt co wawa 41� ,u � � v to0 a ri UN 4) to y 4) w ro 4J Q z i Or.90+ WH O 41 W 011LLQ W U •H C W 4J r•1 a U 4) H Q H W F W W 'aa M W y 0 W F H W 4) j O) O to v 4! U 01 W w O W w 01 4J >4 aaW010 aZ 41 W W GWXWay E b U r4 W 1e O aJ 4) 4) O 4) 44 0) >r w W •.10 as C a a 7E124040.rvo O rn NV1aCA toy H rn m Mfnw EnN W z N •ri H ,k 0 H H JJ O N v ri 01 (A O 0 4) %0 04 OD U%0 %DW W 0% N v NHHN-04J G %0 to �0 O %0 %0 I0 •r/ O 0 O 01 a% ai o V' M1f z vUv41v vv of 0 v 1n vvvvH3 0 0 -oU30 0010 1 v v vvvva col N N N NU a ON m0�m0)'.7 r•1 t0 •r1 W U > N yi A W 0 > a� r0 jy H W 4) d Ri 41N E 41 O G1.4D aa+ t~ rt -,1 �+� b co C� oo U 01 y 111 y N o M O! rf w7 t0 1-1 14 4J CO W J! b m W W >. 1-4y W 41 •'� 'D •ri �D > E N 4) b U 41 > N > N V S En U a v U G H C H 0 0 M py 2 'x 19921 April 23, 1992 Mr. Dan McFarland City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 RE: Grading Bond *944946S Dear Dan: Warmington Homes on behalf of Dividend Development requests that Grading Bond *944946S posted by Dividend Development in the amount of $1,620,000 be exonerated and replaced with a bond in the amount of $282,879 which is 125% of the estimated work to complete Slope Repairs, Landscaping Repairs, Retaining Wall Replacement and Debris Wall Installation in Tracts *12633 and *13027. Landscape Repairs (bid attached) Retaining Wall Replacement (bid attached) Canyon Debris Fence (bid attached) Debris Wall (estimate attached) Your timely consideration of this matter appreciated. Sincerely, adj�m� V.P. Orange County/San Diego Division WARMINGTON HOMES JE/kdb enclosure $ 54,114 $ 123,893 $ 6,296 42.000 $ 226,303 x 1.25 S 282,879 would be most *Rancho San Juan H.O.A. acknowledges and does not object to this request. DEBRIS WALL ESTIMATE TRACT 3112633 LOTS 45-52 TOTAL 2' Wall 180 L.F. x $ 30.00 = $ 5,400 6' Wall 475 L.F. x $ 60.00 = 28,500 TRACT ;x13027 LOT 1 2' Wall 120 L.F. x $ 30.00 = $ 3,600 6' Wall 75 L.F. x $ 60.00 = 4.500 Total $ 42,000 MSTERN 0 r LANDSCAPE CONSTRUCTION a subsidiary of environmental industries inc. an equal opportunity employer by choice 1960 South Yale Street Santa Ana, CA 92704 (714) 751-3871 ESTIMATE NO. TO: Warmington Homes JOBNAME Rancho San 3090 Pullman Street, Suite A Costa Mesa, CA 92626 JOBNUMBER Attn: John Lanctot WE SUBMIT THE FOLLOWING ESTIMATE/SCHEDULE OF COSTS IN RESPONSE TO: (STR IKE ONE) Your request for an estimate to supply and install debris retaining walls per your faxed details dated March 25, 1992. WRITTEN REQUEST FOR ESTIMATE — VERBAL REQUEST ORDER TO PROCEED NET ADD .................. $ 6,296.00 NOTES: 1. THIS WORK WILL NOT BE DONE UNTIL APPROVED AND A WRITTEN CHANGE ORDER IS ISSUED 2. THIS WORK WAS DONE IN ACCORDANCE WITH YOUR ORDER TO PROCEED; PLEASE ISSUE CHANGE ORDER_. 3. EXTENSION OF TIME NECESSARY FOR THIS CHANGE_CONSECUTIVE WORKING DAYS. 4. THIS ESTIMATE WILL REMAIN IN EFFECT FOR 15 DAYS ONLY. AFTER EXPIRATION A NEW ESTIMATE WILL BE SUBMITTED UPON REQUEST. APPROVED: WESTE#N LANDSCAPE CONSTRUCTION CLIENT'S NAME BY: BY: TITLE: Greg arker, Project Manager DATE: cc: FORM 8 7 (3.8S1 DATE: April 6. 1992 11 A V i i I'U • i t .] CG N 14 r V ���tdrfd.slo ISG I ij rs.r.rw. fkw a 1 F rr 7CC I Pkv'c/L F- kAI#7; ,� edC� o Supt � PLAN �-j- 4�;V,m Merin _nri.40—, -_. .G - .=:,M. -_',* _Zo R.J. CUNNINGHAM COMPANY MEMORANDUM TO: Jim Skinner Wasmington Homes FROM: Bob Cunningham - Landscape Architect DATE: February 24, 1992 RE: RANCHO SAN JUAN - SAN JUAN CAPISTRANO TRACTS 12633 AND 13027 - LANDSCAPE WALK THROUGH On February 20th and 21st, I conducted a walk through of the above mentioned track with mpresenutdves from Art Torres Landscapist& Inc and Warmington Homes. GENERAL COMMENTS 1. The landscape installation is in surprisingly good condition considering the history of the project. Irrigation materials and installation are insubstantial conformance to the plans; rree and shrug planting with a few exceptions is per plan, groundcover is in need of some replacement, regular fertilization and continued concentrated maintenance. 2 At two locations the irrigation systems need to be separated from Tract 13026. A. Tract 13027, Lot 5 - abandon mairdine that crosses Via Limon and convert automatic valves 1-21,1-22 to manual values and feed off domestic meter on Lot 5. B. At the southern terminus of Camino San Jose - abandon main line that crosses said street, extend existing main line starting at approximately Tract 12633, Lot 25 to rear of Lot 21. At controller location 'F" add a Rainbird ISC - 12B controller and pull wires in conduit to valves H-1 through H-9 valves. The new controller should have a pump start relay and link start components fabricated by P.T.S.. ?4191 Canino Cancomm cap/xmno Be4cn. CA 92624 (711) 661,3998 FAX (714) 2484W7 All private sidevara slopes are now connected to the H.O.A. mainline Ultimately these systems will need to be hooked up to the domestic water meter from each lot �. As a point of information. the H.O.A. irrigation systems is fed off a separate water SVSte??L I believe tle water is nor potable but better than reclaimed. I cart only assume that the pipe ragging was done since the balance of installation is per plant I conducted no trenching to confirm this tagging. The envy monument on the west side of Camino Chico was not utstaQed by Dividend Development The Ficus trees at this location were frozen last winter. The mnainbtg stumps are now sprouting new growth. This might be a location for a future mttry monument. This deamination should be made before any replacement is done in this location. h. There is extensive evidence of gopher activity. Most trees need to be retied to the stakes, the existing ties are girilotg the trees 3 It is my understanding that all the retaining wa11r are to be replaced In this procea the irrigation and plantings will be disturbed Repair of this disturbance will be tequned after the wa11s are replaced 9. In many locations the heads and irrigation valves need adjustment to ensure proper covengge. 10. Aside from rhe specific areas mentioned below in this memo, the existing germination would satisfy the coverage requirement. The groundcover is divided into rwo areas, container material and hydroseed The container area is growuig and a limited amount of container planting needs to be added The hydroseed area was inch ded as a concemon to keep the cost down. The hydroseed has a limited life span (3-5 years) therefore I suggest the following for rhe hydroseed areae A. Continued active maintenance (Le. weeding) and a stepped up fertilization program. Broadcast fertilization (16-6-8) on dry slopes at a rate of 6 lbs per 1000 s f. every 2 months. This should invigorate the hydroseed and the fiap"My can be reduced once the hydroseed is more established. B. The ultimate long term solution of the hydroseed area is to plant container material either Acacia ongerup, one gallon at 10 ft. on centers or Myopontm patvifolium, one gallon at 6 ft. on centers. This is up to the client 11. All the controller boxes are ncuing; in the near fume they should be replaced with stainless steel. 12. All valve boxes need to be cleaned. ., i r =4.. Lot #1' - Fill in Myoponun Lot #22 to 29 - selective thinning and rehydroseed fuel modification arra Lot #23 - fill in Acacia's Lot #34 and 35 - two mi ng Alder trees Lot #34 - dead street trees Lot #40 - mi-sszng grate on drainage structure Lot #44 to 4' - reseed fuel modification area Lot #48 - clean neaas up hill from vaive, top of slope fill in Acacias. dead street tree, fine tune top of slope lateral line Lot #49 to 52 • fuel modification area needs to be reseeded when slope stability issues are settled Tract 13027 Lot #1 - reseed fuel modification area Lot #5 - missing Bucalvptus on slope South side of ria Limon west side of streer fill in Acacia Soul: side of Calle Susanna 8 dead California Peppers Reseed fuel modification area Replace Brachychiton tree 2 missing heads Lot #21 - ftll in Acacias at rear of pad Lot #30 - missing Pepper Tree Lot #43 to 50 - reseed fuel modification area Lot #43 to 44 - no groundcover Lot #44 - replace broken head Lot #43 to 48 - reseed fuel modification area Lot #45 - broken tree on side yard slope Lot #50 - no shrubs or groundcover Lot #51 - dead shrubs and no groundcover Lot #50 to 54 - six trees missing at rear of lots Lot #55 to 56 - replace star jasmine along San Juan Creek Road Imgauon valves systems C26 and C27 - along San Juan Creek Road each system has a broken head and needs aaiustment. The ultimate curb line on San Juan Creek Road could not be determined if this road is improved. the turf heads might have to be moved or could be damaged 0 0 M•v' •�• T Q w ...r •'b'•. .tl.• ,yam„ ,�] z • 1 .a'.�7JYdf J � •�• � �� � N �.. r y cam`. ter. Zt � Z //) CL I, � � � ' �►v\t � � a � J � U � s s � o yto f• -- U u s � C/� i Q J SAM\� w 0 1 � I ` T oS 1 JYy1 �Z ro r Q&0 N M U. � d,p a� 0U a H~ ' U 11 April 2, 1992 Warmington Homes 3090 Pullman Avenue, Suite A Costa Mesa, California 92626 Attention: John Lanctot 0 WESTERN LANDSCAPE CONSTRUCTION Subject: Tract 12633 and 13027 - San Juan Capistrano We are pleased to submit our proposal for the landscape development at the above subject project in accordance with the plans and specifications prepared by The Keith Companies LP -5 thru LP -8, LI -5 thru LI -9, dated April 27, 1987, punch list prepared by Bob Cunningham, dated February 24, 1992 and Exhibit °AS' landscape maintenance. Please note the following clarifications as part of this proposal: 1. Western Landscape Construction will be responsible for any utilities properly identified to us prior to the start of excavation. Identification can be made by either field inspection, utility plans or. any other documents showing utility location. In the event that the construction drawings indicate excavation in a utility area and do not identify utility locations or incorrectly indicate utility locations, then we will assume no responsibility for damage. 2. No cutting or patching AC paving. No coring or boring beneath AC or through concrete and masonry. (Continued) 1960 SOUTH YALE STREET • SANTA ANA, CALIFORNIA 92704 • TEL (714) 751-3871 . FAX (714) 546-9524 A SUMMARY O ENVIRONMENTAL INOU4lR1ES. INC AN EQUAL OPPORTUNITY EMPLOYER N CI1 M April 2, 1992 Warmington Homes !� Tract 12633 & 13027 - San Juan Capistrano 3. Our proposal includes all normal trade permits and local business licenses as they apply to our scope of work. 4. Water meter or sources for points of connections for irrigation system by others. 5. General Comments 4,5, and 8 of punch list excluded. This work, if necessary will be performed on a time and material basis. 6. General comments 10 B and it excluded. (See alternate) The time frame in which our work is to be installed is based. on your construction schedule and is estimated to begin during the spring of 1992. The following price is based on our ability to perform this project in one continuous operation. This proposal can either be made an attachment to the contract as an exhibit, or the applicable points of clarification may be typed into the body of the contract as it applies to the scope of work and price. (Continued) E April 2, 1992 Warmington Homes Tract 12633 & 13027 - San Juan Capistrano Page -3- SCHEDULE OF V See attached bid forms } 1 (10 B) 40 Install one gallon shrubs as directed by owner, add ..............................................$ f 2(11) Remove existing controller enclosures and install new stainless steel controller enclosure as directed by owner, 3.30 ea. add ..............................................$ 1,100.0O:ea. We are looking forward to the opportunity of working with you;on this project. Should you have any questions regardirap this_ proposal please do not hesitate to call. Very truly yours, WESTERN CONSTRUCTION ohn F. Par i, Jr. An authorized signature in the space provided below will convert this proposal into a letter of intent to award a contract to perform the above services. A formal contract is to be prepared as a follow-up to this letter. Accepted and Approved: Title Date 1Printed:31— Mar— 92 • Warmington Homes Tracts 12633 and 13027 San Juan Capistrano Bid Date: March 31, 1992 Bid Item 12 — Punch List See MEMORANDUM dated February 24, 1992 from R. J. Cunningham Company Description Quantity Total GENERAL COMMENTS 1. No effect on cost of bid. 2. A. Mainline POC 2 $203 Lateral line POC 2 $102 Remove existing 1" RCV's 2 $82 Install manual valves w/AVB 2 $168 B. Mainline POC 3 $305 2 1/2" PVC Cl 315 main 325 $1,182 P.T.S. CA-10-12/PSR/LSR 1 $3,373 #14 Ga. U.F. wire (pilot & common) 1 $842 Bore under Camino Sancho 1 $1,302 3. Mainline POC (at domestic meters) 51 $4,458 Mainline POC (at H.O.A. mainline) 51 $5,184 1 " & 1 1/4" PVC Sch 40 main 51 $6,215 4. Exclude from bid (information only) 5. Exclude from bid (Information only) 6. Control gophers 1 $711 7. Retie tree stakes (remove if not needed) 1 $634 8. Repair on a time and material basis 9. Adjust irrigation for proper coverage 1 $4,935 10. A. Active maintenance & fertilization 1 $2,633 B. Give add alternate (1 gal. unit price) 11. Give add alternate (unit price) 12. Clean all valve boxes 1 $1,056 Continued Next Page Page:1 Date Printed:31—Mar-92 0 Description Quantity Total Detail Punch List Items Tract 12633 Lot #17 Lot #22 to 29 Lot #23 Lot #34 and 35 Lot #34 Lot #40 Lot #44 to 47 Lot #48 Lot #49 to 52 Tract 13027 Lot #1 Lot #5 South side of Via Limon (west side of street) South side of Calle Susanna Lot #21 Lot #30 Lot #43 to 50 Lot #43 to 44 Lot #44 Lot #43 to 48 (See above #43 to 50) Lot #45 Lot #50 (Includes Lot #51) Lot #51 (See #50 above) Lot #50 to 54 Lot #55 to 56 Irrigation valve systems C26 and C27 Clean lots (Not a separate bid form item) Page:2 1 $73 8 $2,702 1 $109 2 $99 1 $149 1 $792 4 $1,371 1 $370 4 $2,301 1 $826 1 $50 1 $290 1 $1,599 1 $54 1 $50 8 $379 2 $475 1 $66 0 $0 1 $50 1 $766 1 $0 5 $297 2 $127 1 $132 1 $7,603 Punch List $54,114 i CLARKE & CLARKE CONSTRUCTION, INC. 12882 Valley View Street, Suites 8 & 9 Barden drove, Ca. 92645 (714) 898-0382 ***PROPOSAL*** #1 Wall 903 sq. ft. Backfill, waterproofing, drainlines, compaction and demo. #2 Mud cap, grade slope, & cut wall to height. #3 Wall 534 sq.ft. backfill, waterproofing, drainlines, compaction and demo. #4 Mud Cap, grout and grade slope. #5 Wall 624 sq. ft. Backfill, waterproofing, drainlines, compaction and demo. #6-10 Wall 2855 sq.ft. Backfill, waterproofing, drainlines, & compaction. #11 Wall 675 sq.ft. backfill, waterproofing, drainlines, compaction and demo. #12&13 Wall 1015 sq.ft. Backfill, waterproofing & drainlines. #14 Wall 400 sq.ft. backfill, waterproofing, drainlines, compaction and demo. #15 Wall 343 sq. ft. Backfill, waterproofing, drainlines, compaction and demo. BID SHEET RETAINING WALLS 1. LOCATION: BEHIND LOT 17, 18 TRACT NO. 12633, SHEET NO. 6 IA. REMOVE EXISTING 71t RETAINING WALL 1B. CONST. 4.3' TO 7' RETAINING WALL PER DET. ON SHEET 2 2. LOCATION: REAR LOT 46, TRACT NO. 12633, SHEET NO. 8 2A.- LOWER EXISTING 5.75' RETAINING WALL TO 4' MAXIMUM AND ADD MUD CAP TO PROTECT STEEL 3. LOCATION: ACROSS STREET FROM LOTS 51 AND 52 (NOT SHOWN ON PLANS 3A. REMOVE EXISTING 9.67' RETAINING WALL 3B. CONST. 9.67.' --RETAINING WALL PER DETAIL'ON SHEET 2 4. LOCATION: REAR LOT 3, TRACT NO. 13027, SHEET NO. 8 14A. -PLOWER EXISTING 6.5' RETAININ WALL TO 4.5' MAXIMUM AND ADD MUD CAP TO PROTECT STEEL 5. LOCATION: REAR LOT 7, TRACT NO. 13027, SHEET NO. 7 1 5A. 1 5B UNIT QUANTITY PRICE TOTa 1 LS LS 3,973.00 133 LF $ 99.16LF 13,188.00 80 IF $ 9.32LF $ 745.60 1 LS LS $ 1,655.00 .71" 60 LF $127.651,F $ 7,659.00 65 LF $ 5 .62 LF j 36,x, 30 REMOVE EXISTING .2.5' -TO 9.6' RETAINING WALL 1 LS LS a 3.420.00 CONST. 2.5' TO 9.5' RETAINING WALL PER DETAIL ON SHEET NO 2 105 LF $ a7 7aLF q- 4.2tt.65 6. LOCATION: REAR LOT 14, TRACT NO. 13027, SHEET NO. 7 6A. CONST. 1.5' TO 4.3' RETAINING WALL FOR DETAIL ON SHEET NO. 2 7. LOCATION: REAR LOT 15, TRACT NO. 13027, SHEET NO. 7 ' 7A. CONST. 4.3' TO 9.8' RETAINING WALL PER DETAIL ON SHEET NO. 2 8. LOCATION: REAR LOT 16, TRACT NO.13027, SHEET NO. 7 32 IF $1 3 69LF k,�,,.LLV.16 72 LF $123.63LF $ 8,901.36 PAGE 2 OF 2 8A. CONST. 9.8' TO 11.8' RETAINING WALL, PER DETAIL ON SHEET NO. 2 68 LF $123.63 $ 8,406.84 9. LOCATION: REAR LOT 17, TRACT NO. 13027, SHEET NO.7 9A. CONST. 11.8' TO 10.8' RETAINING WALL, PER DETAIL ON SHEET NO. 2 73 LF $123.63 $ 9,024.99 10. LOCATION: REAR AND EAST SIDE OF LOT 18, TRACT NO. 13027, SHEET NO. 7 10A. CONST. 10.8' TO 1.5' RETAINING WALL, PER DETAIL ON SHEET NO. 2 105 LF $123.63 $ 12,981.15 11. LOCATION: SIDE LOT.19, TRACT NO. 13027, SHEET NO. 7 11A. CONST. 1.5' TO 6.8' RETAINING WALL PER DETAIL ON SHEET NO. 2 87 LF $ 99.55 $ 9,855.45 12. LOCATION: REAR LOT 29, TRACT NO. 13027, SHEET NO. 8 12A. CONST. 3.5' TO 8.8' RETAINING WALL PER DETAIL ON SHEET NO. 2 70 LF $ 98.85 $ 6,919.50 13. LOCATION: REAR LOT 30, TRACT ` NO. 13027,. SHEET NO. 8 13A. CONST. 6.5' TO 7.5' RETAINING WALL PER DETAIL ON SHEET 2 77 LF $ 98.85 $ 7,611.45 14. LOCATION: REAR AND EAST SIDE LOT 36, TRACT NO. 13027, SHEET NO. 7 14A. CONST. 1.5' TO 6.6' RETAINING WALL PER DETAIL ON SHEET NO. 2 98 LF $ 62.61 $ 6,135.78 15. LOCATION: REAR LOT 49, TRACT NO. 13027, SHEET NO. 7 15A. CONST. 1.5' TO 3.5' RETAINING WALL PER DETAIL ON SHEET NO. 2 110 LF $ 4q 6n $_ s ar,6 00 TOTAL BID $ 116.821 23 #11B Demo wall @ $2,214.00 #14B Demo & Compact @ $1,423.00 #15B Demo & Compact @ $2,660.00 CONTRACTOR: G ��«- C -4 -Aa -4=e klAs4N Olt CONTACT: PHONE # lq is q D -0 3g 7/ iC(evo*,d in cl u c�; v�' bonc� CAL I F C3FRN I A PREIL I M I NARY NU1 _ICE IN ACCORDANCE WITH SECTION 3097 AND 3098,CALIF02NIA CIVIL CODE ' THIS IS NOT A LIEN, THIS IS ACT A REFLECTION OV TI -E INTEGRITY O= ANY CCVVTRACTOR OR SLIBCO'VTRACTOR RETURN RECEIPT REQUESTED CERTIFIED MAIL CJ%ETRLCTIL7V LENDER or Reputed Construction Lander, if any Iender address e tC ar SER or PLOLIC AGJICY or Reputed O,ner (on public work) (on private work) CITY OF SAN JLWN CAOISTR4V7 CITY CLERV 324 PASEO ALEL4VTV S4N 704V CAPISTRAW, CA 92675 .M' -----`TZ-D I -F -RE ------ SO# 0-3357-01 ORIGIN4. CONTRACTOR or Reputed Contractor, if any DIVIDEND DEVELDFYENT CL -PP. 1501 DOVE ST. STE 290 \ , 9BE4�_ 92560 Y[x/ ,49E !Ef BY ACTIFIED THOT.. . ECO% LITE CONTROL PROD)C TS, IAC. u0 E. LA PAL/vP PvF. ANA1EIP1, CA F0906 has furnished or will furnish labor, services, equipment, or materials of the following general description: TRAFFIC CONTROL 4ND/GY7 STREET LIGHTIAG Ea)IFNENT for the building, structure or other work of improvement located at: CITY O= SMI 704V CAPISTRAN7, FRWECT 88-138 The name of the person or firm who contracted for the purchase of such labor, services, equipment or material is: BAXTER GRIFFIN ELECTRIC 8210 hCMEE AVE. STANTON, CA 9rd560 An estimate of the total price of the labor, services, equipment or materials furnished or to be furnished is: S (Dollar amount must be furnished to construction lender optional as to owner or contractor) NOTICE TO PROPERTY OWNER If bills arp not paid in full fur the Iabor,services, equio- ment, or materials furnished or to be furnished, a me- chanic's lien leading to the loss, through court fore- closure 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 to protect yourself against this consequence by (1) requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor or 12) any other method or device which is appropriate under the circumstances. Dated:Februaa 9 1989 SJ�d_Z,a &_ Credit Manager signature (title) Tel ephone Advmber ( 714 ) 63®2, 700 — opo FOLD NERD W ? T S = w r 40 me a — a cc w tL SER or PLOLIC AGJICY or Reputed O,ner (on public work) (on private work) CITY OF SAN JLWN CAOISTR4V7 CITY CLERV 324 PASEO ALEL4VTV S4N 704V CAPISTRAW, CA 92675 .M' -----`TZ-D I -F -RE ------ SO# 0-3357-01 ORIGIN4. CONTRACTOR or Reputed Contractor, if any DIVIDEND DEVELDFYENT CL -PP. 1501 DOVE ST. STE 290 \ , 9BE4�_ 92560 Y[x/ ,49E !Ef BY ACTIFIED THOT.. . ECO% LITE CONTROL PROD)C TS, IAC. u0 E. LA PAL/vP PvF. ANA1EIP1, CA F0906 has furnished or will furnish labor, services, equipment, or materials of the following general description: TRAFFIC CONTROL 4ND/GY7 STREET LIGHTIAG Ea)IFNENT for the building, structure or other work of improvement located at: CITY O= SMI 704V CAPISTRAN7, FRWECT 88-138 The name of the person or firm who contracted for the purchase of such labor, services, equipment or material is: BAXTER GRIFFIN ELECTRIC 8210 hCMEE AVE. STANTON, CA 9rd560 An estimate of the total price of the labor, services, equipment or materials furnished or to be furnished is: S (Dollar amount must be furnished to construction lender optional as to owner or contractor) NOTICE TO PROPERTY OWNER If bills arp not paid in full fur the Iabor,services, equio- ment, or materials furnished or to be furnished, a me- chanic's lien leading to the loss, through court fore- closure 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 to protect yourself against this consequence by (1) requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor or 12) any other method or device which is appropriate under the circumstances. Dated:Februaa 9 1989 SJ�d_Z,a &_ Credit Manager signature (title) Tel ephone Advmber ( 714 ) 63®2, 700 .. 0 May 29, 1992 Mr. James M. Medall Dividend Development Corp. 3600 Pruneridge Ave. Santa Clara, CA 95051 Jsee • yo o�rauue �auuely 1961 1776 Re: Surety Bond No. 9449225, Dividend Development Corporation Dear Mr. Medall: MEMBERS OF THE CITY COUNCIL JERRY HARRIS KENNETH E FRIESS GARY HAUSDORFER GIL JONES JEFF VASQUEZ CITY MANAGER STEPHEN B JULIAN Enclosed is a copy of a letter to Indemnity Company of California authorizing the exoneration and full release of above referenced bond No. 9449225 in the amount of $282,879.00 for your project in the City of San Juan Capistrano. This bond has been replaced by a bond posted by W armington homes and relieves Dividend of any further responsibility for unfinished work. If you have any questions or need further assistance, please contact me. 146 AYW Daniel W. McFarland Building & Safety Manager DWM/st Attachment cc: George Scarborough William Huber City Clerk 32400 PASEO ADELANTO. SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 493-1171 L 0 CRU! USE 1S Q May 29, 1992 Indemnity Company of California and Developers Insurance Company P.O. Box 3343 Anaheim, CA 92803 Iii ' m�r0.1�10 f11A�llltll� ' 1961 1776 Re: Surety Bond No. 9449225, Dividend Development Company MEMBERS OF THE CITY COUNCIL JERRY HARRIS KENNETH E. FRIESS GARY HAUSOORFER GIL JONES JEFF VASOUEZ CITY MANAGER STEPHEN B JULIAN This letter is to authorize the exoneration and full release of Surety Bond No. 9449225, for $282,879.00 posted for the benefit of Dividend Development Company for improvements within Tract Nos. 12633 and 13027 within the City of San Juan Capistrano, California. This bond has been replaced by a similar bond posted by Warmington Homes and relieves Dividend Development of any further responsibility for unfinished work. This replacement and release is subject only to Warmington San Juan L.P. becoming owner of Tracts 12633 and 13027. Attached is a copy of the original bond for your reference. If you have any questions or need further information, please contact me. Sincerely, aniel W. McFarland Building & Safety :Manager DWM/st Attachment cc: George Scarborough William Huber City Clerk 32400 PASEO ADELANTO. SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 493-1171 JMan �y f �annwll 1961 1776 May 29, 1992 Indemnity Company of California and Developers Insurance Company P.O. Box 3343 Anaheim, CA 92803 Re: Surety Bond No. 944922S, Dividend Development Company MEMBERS OF THE CITY COUNCIL JERRY HARRIS KENNETH E. FRIESS GARY HAUSDORFER GIL JONES JEFF VASQUEZ CITY MANAGER STEPHEN B JULIAN This letter is to authorize the exoneration and full release of Surety Bond No. 9449225, for $282,879.00 posted for the benefit of Dividend Development Company for improvements within Tract Nos. 12633 and 13027 within the City of San Juan Capistrano, California. This bond has been replaced by a similar bond posted by Warmington Homes and relieves Dividend Development of any further responsibility for unfinished work. This replacement and release is subject only to Warmington San Juan L.P. becoming owner of Tracts 12633 and 13027. Attached is a copy of the original bond for your reference. If you have any questions or need further information, please contact me. Sincerely, aniel W. McFarland Building do Safety Manager D W M/st Attachment cc: George Scarborough William Huber City Clerk 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171 PEP.FOP_*tANCE BC: 'Z BOND NO: 9449225 �J PREMI : $ 29,160.00 KNOW ALL MEN BY THESE PRESENTS: That DIVIDEND DEVELOPMENT CORPORATION as Principal, hereinafter called CONTRACTOR, and DEVELOPERS INSURANCE 03MP'N 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 MILLION SIX HUNDRED TAM= THOUSAND AND N0/100----(1.620.000.00--) 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 July 7, 1987 , entered into a (describe agreement) Development Agreement which describes, in summary, the scope of work for which permit no. 631-G is issued and related conditions under which said permit is issued 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 VVVTVTm I e a F 0 ORNIA 1 �� I55. UFFI CIAL �I;At, KAInEELa A BROWNING MEtff-Cater- --wn ltra MCA -11 -tin. 5-12 APS. rMt '. ctsas 141 On this --�q ' day of before me, the undersigned j Z- , in the year l9 ��, in and for said Stale, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within Instrument on behalf of the Corporation therein named, and acknowledged to me that the Corporation executed it. WITNESS my hand and official seal Notary Public in and for said State. -ORATION 'E OF - I F - - -M + tAN aCUC,w 155 NT) OhF jTjq �B W16A�� before me, the undersigned, a Notary Public in and for said State, ma11Y aPPcartd a •uv "a' known m m or prated to roe on rhe bas. of s.Mf acrory :ncel ro be the Pe"" oho '.ac -ad the .nhm msvumcnc as Anomey. act on behalf of D"lopen Inaurancc CompanY.the corporation th ernn ed, and acknowledged m me char the carporanoa esecurnd it. NESS in, hand and af6cW seal. ywre (er, 2185) r i 0 be taxed as costs and included in any ivagment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modifi- cation 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 26TH day of ,TUNE 19 87 , at IAFAY= , California. APPROVED AS TO FORM. PRINCIPAL BY: (NOTARIZATION AND SEAL) SURETY III 2m M •• '• �a •M�x 7 (NOTARIZATION AND SEAL) RELEASED POWER OF ATTORNEY OF N? 01769 tfNNITY COMPANY OF CALIFOI& !� AND DEVELOPERS INSURANCE COMPANY P.O. BOX 3343, ANAHEIM, CALIF. 92803 a (714) 999-1471 NOTICE 1. All power and authority herein granted shag In any event terminate on the 31st day of December. 1967. 2. This Power W Attorney is void If altered or if any portion is erased. 3. This Power of Attorney is void unless the seat is readable, the text is in brown ink. the signatures are In blue ink and thY n101ke is In red Ink. 4. This Power of Attorney should not be returned to the Anorney(s)-In-Fact, but should remain a permanent pan of the obligee's nimpida. KNOW ALL MEN BY THESE PRESENTS, that, except as expressly limned, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, severalty, but not jointly, hereby make, constitute and appoint SMUA STEVENS the true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of each of mid corporations u wraties, bonds, undertakings and contracts of , Suretyship in an amount not exceeding 91,500.000 In any single undertaking; giving and granting unto said Atldrn ry(e)-In-Fact NII power and authority to do and to perform every act e necessary, requisite or proper to be done In connection therewith as each of mid corporations could do, but reserving to earn of Mid corporations NII power of substitution and rewtca- an; and all of the Sate of said Attorney(s)-In-Fact. pursuant to these presents, are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the follavi g bonds, undertakings or contracts of Suretyship: 1 Bank depository bond& mortgage deficiency Donde- mortgage guarantee bonds, guarantees of Installment paper, note guarantee bonds, bonds on financial institutions, lease bonds. Insurance company qualdying bond& sa f -Insurer's bonds, fidelity bonds or bail bonds. This Power of Attorney Is granted and Is sgned by facalmlle underand by authority of thefollowing resolution adopted bythe respect!" Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24, 1986: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that sack of them hereby 4. authorized to execute Powers of Attorney, qualifying the attorney(a) named In the Powers of Attorney to execute, on behalf of the corporation, bonds, undenakingsand contracts Of Suretyship; and that the Secretary or any Asals- tsnt Secretary of the corporation be, and soon of them hereby Is, authorized to attest the execution of any won Power of Attorney; RESOLVED, FURTHER, that the signatures of Such offlows may beaffixed to any won Power of Attorney or to any csrttgosle relatlng thereto by facsimile, and any such Power of Attor- ney or certhicate bearing such faW mile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of Suretyship to which It is attached. IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have saviiicaused these presents to be signed by their respec- five Presidents and attested by their respective Secretaries this 20th day of October, 1988. INDEMNITY COMPANY OF CALIFORNIA Jerome . S sanely, President ATTEST gy� Paul E. Gnan, Jr., 8 ererary STATE OF CAUFORMA ) B8. COUNTY OF ORANGE ) - +n DEVELOPERS INSURANCE COMPANY BY C - .�. � Jeannie j(! M she`- President llJ� g �N SURA J+cOaFOR���'tc. YAR Zi p ATTEST w R By W Paid E GrMRrk J . 9eere1 On October 20,1966, bekreme, theunWMalprla4&NOWVPUYr/wWtheuM9ur, pwm*m yapposmd Jit J.0werM1 and Pad E. Griffin, Jr., personally kl proved to mean the betsof attested" Is R )l*b**WOWMMMIOSMNMd61awMMInWurnall mPrealdatta108owvWymbsh@Nofhtdanraly Companyof CI Pre@kWd and Seero" on ben.n of 0esefopua WAuraWOOONgwi , 9* aapMalbM VwWn rtannted, and ack 19 M ma OM OW OMPMON n executed It. ----------------- WITNESS my hand and olfldel sash. . / ^ OFFICIAL SEAL Y//� x•//VIRGINIA.M. LOUMAN Signature 7/'sh�t~ EJA9 NOTARY PURIC-CALIFORNIA �y ORANGE COUNTY AliiriNa Exon MN. lA 1989 CEIRIFICATIR . The undersigned, As ExeMdNe Vkts PreNdMNoIN04NIO YCOINYW OFCAUPORMIA, she Exawtles Vele Pe@Wm GfDWELOPMMBURAMCE COMPANY, does hereby artlfy that the loregokg AndadachW Power at Attorney ran aft In full forosand has not been revoked; andfurtlMrmMe,aMlheprSNNonofOwMOkdkMOf therespective Burdsof Directors of amid corpdretkme eel IoM M the Power or Atbmay, are M lonceY of the dash M of this Ctl6aM. This Certificate Is executed In the City of Anakn, Calffle, omthis 26TH ay of .JUNE in—7 INDEMNITY COMPANY OF CALIFORNIA t'' eesaPOR4 j� o By OCL 4 e f Thomas H. Itilli Jr., Executive Vice President DEVELOPERS MSU�RANCEJCOOMMPPPAA�NYY,s/j/q-✓/^�/,,.I��(/ p9 tNsug4 BY D Themes 14,01". Jr., Executive Vice President • '� I Q.1_ MEMBERS OF THE CITY COUNCIL ■ JERRY HARRIS KENNETH E FRIESS loll... GARY L HAUSDORFER ' nlMn.xm 1961 GIL JONES 1776 JEFF VASQUEZ •/.� • CITY MANAGER STEPHEN B JULIAN May 26, 1992 Mr. James M. Medall Dividend Development Corp. 3600 Pruneridge Ave. Santa Clara, CA 95051 Re: Surety Bond Nos. 9450445 and 9449225, Dividend Development Corporation Dear Mr. Medall: Enclosed is a copy of a letter to Indemnity Company of California authorizing the exoneration and full release of above referenced bond No. 945044S in the amount of $33,000.00 for your project in the City of San Juan Capistrano. The work guaranteed by the bond has been completed to the satisfaction of the City of San Juan Capistrano. In addition, this letter authorizes the reduction of bond No. 9449225 from $1,620,000.00 to $282,879.00 to guarantee completion of the remaining outstanding items. If you have any questions or need further assistance, please contact me. Sincerely, Dane #carlWa nd Building & Safety Manager D W M/st Attachment cc: George Scarborough William Huber City Clerk 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 493-1171 9 May 26, 1992 Indemnity Company of California and Developers Insurance Company P.O. Box 3343 Anaheim, CA 92803 dwon Incl+rar�r ulnunm 1961 1776 MEMBERS OF THE CITY COUNCIL JERRY HARRIS KENNETH E FRIESS GARY HAUSDORFER OIL JONES JEFF VASQUEZ CITY MANAGER STEPHEN B JULIAN Re: Surety Bond Nos. 9450445 and 9449225, Dividend Development Company This letter is to authorize the exoneration and full release of Surety Bond No. 9450445, for $33,000.00 posted for the benefit of Dividend Development Company for improvements within Tract Nos. 12633 and 13027 within the City of San Juan Capistrano, California. The improvements guaranteed by surety including grading, drainage, and on-site improvements have been completed to the satisfaction of the City of San Juan Capistrano. In addition, this serves as authorization to reduce Surety Bond No. 9449225 from $1,620,000.00 to $282,879.00 to guarantee the completion of remaining outstanding items. Attached are copies of the original bonds for your reference. If you have any questions or need further information, please contact me. Sincerely, 46 aniel W. *cFard Building & Safety Manager DWM/st Attachment cc: George Scarborough William Huber City Clerk 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 493-1171 0 May 26, 1992 Indemnity Company of California and Developers Insurance Company P.O. Box 3343 Anaheim, CA 92803 dMo,� imMroRrto ulxnuxm 1961 1776 MEMBERS OF THE CITY COUNCIL JERRY HARRIS KENNETH E FRIESS GARY HAUSOORFER GIL JONES JEFF VASQUEZ CITY MANAGER STEPHEN 8 JULIAN Re: Surety Bond Nos. 9450445 and 9449225, Dividend Development Company This letter is to authorize the exoneration and full release of Surety Bond No. 9450445, for $33,000.00 posted for the benefit of Dividend Development Company for improvements within Tract Nos. 12633 and 13027 within the City of San Juan Capistrano, California. The improvements guaranteed by surety including grading, drainage, and on-site improvements have been completed to the satisfaction of the City of San Juan Capistrano. In addition, this serves as authorization to reduce Surety Bond No. 944922S from $1,620,000.00 to $282,879.00 to guarantee the completion of remaining outstanding items. Attached are copies of the original bonds for your reference. If you have any questions or need further information, please contact me. Sincerely, aniel W. McFarland Building do Safety Manager D W M /st Attachment cc: George Scarborough William Huber City Clerk 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493.1171 , PERFORMANCE BCr:L KNOW ALL MEN BY THESE PRESENTS: uu��u air Luia�� :7140011 i Q0PEDY BOND NO: 944 PREMIUM: $ 29,160.00 C U U 7_ _ as Principal, hereinafter called CONTRACTOR, and DEVELOPERS INSURANCE C'CHPANY , 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 MILLION SIX HUNDRED 74aTliC THOUSAND AND N01100----(1.620.000.00--) 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 July 7, 1987 , entered into a (describe agreement) Development Agreement which describes, in summary, the -scope of work for which permit no. 681-G is issued and related conditions under which said permit is issued 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 addit 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 .)e 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 modifi- cation 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 26TH day of JUNE 19 87—, at LAFAYETTE , California. APPROVED AS TO FORM. PRINCIPAL =(NOTARI SURETY r I. (NOTARIZATION AND SEAL) ANIAVCLVYCMS IN*Ur1A1VVC I.VMaI P.O. BOX 3343, ANAHEIM, CALIF. 92803 a (714) 999-1471 1. All power aha ed M authority hewn granted shall any went terminate on the 31st dig December. cember, 1987. 2. This Power of Attorney is void 8 altered or 8 ery portion is traced. 3. This Power of Attorney b Void UnIM ft east N readable, the tett Is In brown ink, the signatureare, s aIn bass Ink and into rNlkt b m red ink./. This Power of Attorney should not be returned fogw AUomw S)4n-Fact. but should remain a penMMm part of the obbgN's record& KNOW ALL MEN BY THESE PRESENTS, 9W. etmept as SWASOY mfiasd, IND ray COMPANY OF CALWOMA and DEVELOPERS INSURANCE COMPANY, do each severely. but not jointly, hereby bike. ccnasbAts and eppORN the true and lawful Attwnsy(s)-In-Fad. in make, saewN, de1Mr Will OWUW*lsdg@, for and On I I . of ewh of seal owpwago "M I , boMa under NW and mrerscb of ' suretyship in an amount not exoaedkq $1,111100.000 In any euipte undWUWAp; giving and gnrekg unto OW Albrfisy(a)-Ir~ MI peaty MW bud" to do and to pMorm every apt i n000smry,reyuM*wpropwtobedo inoonn dlontlo*WW as shdasW corporations veld do, but reserving to each of said corip ratlonsfullpowerofsubWMtionandrevoca- tion; and MI of the acts of mid AtOOMWA*Hn4%CL purNAwn to ON" prseena. ars hereby rad andoonfin. The authority and powers contained by this Postal Of Atbrnq do red axMn' to any of the folbwing bonds, undw"kp er contracts of wreyshIp: Bank depository bonds, mortgage dMldericy bonds, mortgage guarantee bonds, guanuMas of WAM*nwtt Pepaa, note guarantee bwids, bonds on financial Institutions, law bonds. Insurance company' quill" bonds. 80-bmfW$ bonds, fidelity bonds or ball bonds. This Power of Attorney is granted and issgnall byfacelmis undera ndby euMcrlrydthe following resolutions adopted bythe respective Boards of Directors of INDEMNTFY COMPANY OF CALIFORNIA and DEVELOPER$ INSURANCE COMPANY, effective as of September 24.1986: RESOLVED, that the Chairman of the Board, the President Mid any Vim President of tite Corporation be, and that each Of them hereby Is. authorized to execute Powers of Attorney, qualifybg theattorneys) named In lee Powtrs Of Attorney losxewM, on beh0of"corpwstlon, Donde, underteketgsandoontrads of wrNyship; and that the Secretary or any Assis- tant Secretary of the corporation be, and each of them hereby Y, eutltottsetl to tier ter eaerANon d any such Power at Attorney; RESOLVED, FURTHER, that the signatures of such oBksn maybeal loam, such PowesrotAttorneyorto wryosreflosle toiling thereto by faaimle, and any such Power of Attor- neyorcerwicatebearingsuchfaaimlNMgneWresasasbevaltohandbuildingUpontheCWPCM§ iWlea so~ aha In Ilia hltoreWtli reepedto any bond, undertaking or contract of suretyship to which It is attached. IN WITNESS WHEREOF, INDEMNrrY COMPANY OF CALIFORNIA and DEVELOPVW INSURANCE COMPANY hwesevera8yaused the presentsto be signed by their rsspse- live Presidents and amassed by their respective Secretaries tlas 20th day Of October. 1886. INDEMNrTY COMPANY OF CAUFORNIA By Jerome . S nnsY, President AT TEST . By Paul E. Griffin, Jr', Slicretery, STATE OF CALIFORNIA I I SS. COUNTY OF ORANGE I DEVELOPERS INSURANCE COMPANY By -/� �,4 8Wsenw. President l/ 1MaUq� o +`oaFORy>�a NAe. tit, o O ATTEST u By Paul E Griffin, J ., Secreta On October 20, 1 Sas, before me, the undersigned, a Notary Pudic In and for said Sate, personally appeared Jerome J. Sweeney and Paul E. Griffin, Jr., personally known to me for proved to me on the basis of *"shWorywidena) to be ter Persona WioeaeduMd the within instrumento President and Secretary on behalf of Indemnity Company of California and as President and Secretary on behalf of Developers Insurance Company, the corporations thersin named, and acknowledged to me that the corporations executed it. WITNESS my hand and official see. / OFFICIAL SEAL VIRGINIA LI LOUMAN Signature a NOTARY PUBLIC•CALIFORNIA Notary Public ORANGE COUNTY My Commission Expires Mw. 13, 1989 CERTIFICATE The undersigned, eeExecutive Via Pmedeatot INDEMNITY COMPANY OF CAUVOR14W and Executive Vice President of DEVELOPERS INSURANCE COMPANY, does hereby Cally, tlattheforegoing and atudiied Posts of Attorneyromelns In full fomsand has not been revoked; and furthermore, that the provisions otter resolutlonsof the respective Bardsof Directors of mid corporations est foam In the Power of Attorney, Ma In forceax;d the date of this Certificate. This Certlicate Is executed In the Cly of Anaheim, California, his 2671 day of Jura 196Z . INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY ...ON3... • • BOND NO. 9450445 PE?- ORMJ.NCE Rom PRElUU11 $ 462.00 N0. 2 COAPYBY THESE PRESENTS: That Dividend Developuent Corporation as Principal, hereinafter called CONTRACTOR, and DEVELOPERS INSURANCE COMPANY , as Surety, hereinafter Called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of thirev three tho"and 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 July 7, 1987 , entered into a (describe agreement) DevelopTent Agreement wits the City of San Juan Capistrano providing in part that Developer perform certain grading improvements relating to Lot A and Parcel 1 and 2 of Tentative Tract 12633 which are rmr, _2inA A.___i �__ ____. .�. �.—����r— •, r, meq, ...., r., w, �.., .,., ..vr fin, ao, •, �, p, which contract is by reference dads a part hereof I 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 voids. 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 rURTH:ER RESOLVED, thats 1. he a part of the obligation secured hereby, and in addition io 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 EXHIBIT C-1 0 'd RE'S Z66T**Z12 OR 0N301RI0 WObd ea" 9SZ STV 9 /e taxed as eases and included in any Judgment rendered. ndered. 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modifi- cation 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 13TH day of JULY 19 87 at LAPgYETTE , California. APPROVED AS TO FORM. PRINCIPAL DIVIDE! ErLOP ENTZON BY /7 (NOTARIZATION AND SZ ) SURETY DEVELOPERS INSURANCE COMPANY BY: .li SHEILA STEVENS, ATTORNEY-IN-FACT - (NOTARIZATION AND SEAL) I Pace 2- vSprps••p•••e• en.•n r' I 'd LZ1a L66I.1Z'L OR 4M3OIOI0 YOad 002L 95Z SSV e FROM DIV:OEND UC 3.24,1992 4123 3 P, t POWER OF ATTORNEY OF N? 017698 FrEE7 INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY P.O. SOX 0040, ANANIIM. CALIF. 02600 • (714) 091.1471 NOTICE I. All power Ind wtherity harNn granted atoll In any eWA1 lVminate or Ino 2141 day of OsoernWr, 1947. 2_ TMC Power of Attorney It vert. It altered or if Any Pontin If erAaed. 4 2 Tele Power of Att*fAy is "Id unbas the NM la f AdoNb the bail If In brawn ink, IM signature. Le in blue In, and this ACICa.1 ,n n44 Ink C Tnb Power of Anomoy should not be ralvm ad to she Ano,eay(al•l n -Fact. but thea It remain a permanent AM f of 1M Vbllges's rse will. KNOW ALL MIN By THESE PRE06NT6. Incl, IaieaPt to expressly limited. INDEMNITY COMPANY 00 CALIFORNIA Ano DEVELOPERS INSURANCE COMPANY, do sRm ""rally. but Act jointly. hereby make. Constitute and appoint M A STEMS the In.. and lawful Anorney(e)-In-Fact to make, onedkl! dNMr And acknowledge. for and an behalf of each at MM corporations as sunflx, bonds. un44MYM91 fine Contracts of wray9e10 in an amount not exceeding 91,Sed.000 in Any $16014 YA4eMaung; flying cod starling unto told AllerneylN.ln•FaN full power God Authority to do and to psmoem every eel necessary, reoulellear proper to be done In Connxdon Inarawim os "on cited! CorliwallVne Could d0, but rolennNlg to "Ch of NN WW JUGAS full powt roi IOb4blutbn and rovcca- none And so of the Gets of said Anernoy(e)-M-Fact• pureoaol to Mose presents. Are herby falified Ind confirmed. The authority and powers Conlorr/4 by into Power of Attorney do not sAlend to any N the following bonds, Vn414MAYMga a WAoaals al wreyship: garb daposhory Weds, m"Ags derblency, bonds. mortgage guarantee bonds, guarantees N installment RAW, note Guarantee bonds. bonds en Itnanelel metouboll, least bends. insurance Company oualiMng bonds, self-Inwrar's bonds, lid" bends Cr Wa bends. This Power N Adorney Ingranted ane is IIA" by ts04lmho under and by aYtneny of the IW Wing resolutions adapted by Ne re ipsotwe Boards of DlreCbra N INDEMNITY COMPANY OP CALIFORNIA And DSVSLOPIRI IN/URANCIR COMPANY, edgotve All of SW Wber 74. 1966: ABSOLVED, Nat the Chairman at the bard, the PtMbom and any Vero President Of the corporation be, and mer NCA at them thereby Is, oulhoriesd to esewle Powerl of Anemy, Ouallying Meinorney(2) named in the Powers OI Attorney to aaieaub, On be all N IM corporation. bonds. underI and WAUNllal suretysMp: and that the Secretary or any Nais. %rat Secretary of me Corperalbn be, and *Nh Gl them her9by N, aumartteo As &most she MaOulbn N any such Power of Attorney. ABSOLVED, FUATN9111, motlhe lignaturoo eleven 6Nlcoremay be shifted to ay wen Po•MrofAflern yob any CerlmosNe4l4na4 V WM by facsimile. and any such Power of Anor. not of coMmeato bearing such IeaaiMb signawras shag be valid and binding upon W C6110106n when x aRMed and In m1 Naito w11n mspcot b any bond, undertaking or Contract on suney4lup AS whbh It N amaohed. IN WITNIBEWMIRBOP, INDEMNITY COMPANY 00 CALIFORNIA and DEVELOPERS INSURANCE COtAPANYh nseYerallyawned moos PlINM1 M be stgned by lhelr rupee - we Presidents and entitled by Meir rNOsoINe SawNanae mut MA fay N October. 1966, INDEMNITY COMPANY Of CALIFORNIA OIYILOMAB INIURANCI COMPANY By b C--/ LME. — a Jerorne . I nsenuy, President�fe1M A 'I , "Agent I— + cat ey? ATTEST �� 'i i ATTEST sy /) / P4� M tit I �`"� MWS. O,1Mn, N,1 mMry / hW L GAft J . taerNa STATE OF CALIFORNIA ) 04umrv0017AANoe ) u. On OCN1er 20. Iger, belerl AM, tan uedaraierAt 4 Nebry PbOW N and lir gold OWN. W"Almy s►Nued Jaram4 J.6xeeney end PAW I.OmfM. Jr., personeily known b me (Or 0W4bmaenlW Weber xoNMeryMNn441MNIne pMxneerhexoxlNlM+NMn bNlmmerduhgo1 arml xral4yan bei NM4mNy Camxny N California god as President 6" SxraMry M Whx M DwNOpMs Ixwanx COme4ry, IW xrperalbna Ow" named. 4M "knMedg" b rx WI ON owwtOex et4aubd IL WITNESS my WM and ambbl x4L OFFICIAL IfAI N�/ VIRGINIA M.IC LOUMAN Slgnawra %%9 7I'e"P"'�^� w~ NOTARY NOK COUNTY RNIA �, Pubis; DRANO[ COUNTY M I:eDnitWR GBllta NN. 11191 11 CIATINOATI TMs Cargetedeo N xxlMd M the Cosy N Anaheim, California. plan 26'hi day N _ JUN lm -L INDEMNITY COMPANY OF CAJ—LIFORNIA IIYBLOPMI NMRUICE COMPANY IV - 0 By ssz� r Q Titanium e�eaA n.�i N. U411111. Jr.. TMmx MffpA Jr. k IseWNIW Vere PY"We ELMNINe VNO p 1 n N N 710 A6V 1Lco see ENDewe PER.FORIMANCE BONE BOND NO: 9449225 PREMIUM: $ 29,160.00 �,KNOti ALL MEN BY THESE PRESENTS: %�9-�'!i " ✓��,,// .J GLS That DIVIDEND DEVELOPMWr CORPORATION as Principal, hereinafter called CONTRACTOR, and DEVELOPERS INSURANCE CJQANY , 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 MILLION SIX HUNDRED TTAUTIY THOUSAND AND NO/100----(1.620.000.00--) 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 July 7, 1987 , entered into a (describe agreement) Development Agreement which describes, in summary, the -scope of work for which permit no. 681-G is issued and related conditions under which said permit is issued 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 rVvTvTl - ..4 F be taxed as costs and included in any judgment renderea. 2. Said Surety, for value received, hereby stipulates anc agrees that no change, extension of time, alteration, or modifi- cation 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 26TH day of JUNE 19 87 at LAFAYETTE , California. APPROVED AS TO FORM. PRINCIPAL =(NOTARI SURETY a A•210. •a r, r. (NOTARIZATION AND SEAL) RELEASED �:.►llll�:wi►rl,�� . STATE OF CALIFO NIA COUNTY OF OFFICIAL SEAL s' KATHLEEN A. BROWNING y NOrARYPOBLIC -CA,Ir ORNIA SAN DIEGO GOONTv My Comm E+1n 1 Ou 21 109E On this 2q' day of in the year 19-L, before me, the undersigned -A Notary Public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument on behalf of the Corporation therein named, and acknowledged to me that the Corporation executed it. WITNESS my hand and official.seal. Notary Public in and for said State. �I ACKNOC1282WOGGMENTINC.rWalan—WoAv,r; From 2220./-x—Fn. 582 11 CORPORATION STATE OF CALIFORNIACO� COSTACOUNTY OF SS. On JUNE Z6, iVbl — before me, the undersigned, a Notary Public in and for said State, personally appeared SMILA STEM: S personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as Attorney - in -Fact on behalf of Developers Insurance Company, the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hio i and official seal. Sj;namm � DIC 304 (REV. 2185) •• ^-yrEp O' ATTORNEY OF N? 017698 IN MIF COMPANY OF: CALIFORIS, AND DEVELOPER'S INSJRAINCE COMPANY P.O. BO} 331; 1r1NAHE34, CALI=, 928W( • (714) 999-1471 NOTICE: 1. All power and authority herein granted shall in any( �enr,-rrninate on the 31st day, oI Je;ember. 1987. 2. This Power of Attorney is void if altered or If any pot nor i; it 3sed. 3. This Power of Attorney is void unless the seal is readable the text is it brown ink, the signatures are in blue ink and this notice is in red ink. 4. This Power of Attorney should not be returned to the Attmney(s)-In-Fact, but shomd remain a permanent part of the obligee's records, KNOW ALL MEN BY THESE PRESENTS, that, except as expressly ermted, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, but not jointly, hereby make, constitute and appoint SHEILA STEVENS the true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and Of behalf of each of said corporations as sureties, bonds, undertakings and contracts of suretyship in an amount not exceeding $1,500,000 in any single undertaking. giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revoca- tion, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds, undertakings or contracts of suretyship: Bank depository bonds, mortgage deficiency bonds, mortgage guarantee bonds, guarantees of installment paper, note guarantee bonds, bonds on financial institutions, lease bonds, insurance company qualifying bonds, self -insurer's bonds, fidelity bonds or bail bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24. 1986'. RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorneys) named in the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assis- tant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, thatthe signatures of such officers maybe affixed to any such Power of Attorney or to any certificate relating thflreto by facsimile, and any such Power of Attor- ney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec- tive Presidents and attested by their respective Secretaries this 20th day of October, 1986. INDEMNITY COMPANY OF CALIFORNIA 1 Jerome . Sweeney, President ATTEST UY—� — E. Griffin, Jr., cretary STATE OF CALIFORNIA) SS. COUNTY OF ORANGE ) DEVELOPERS INSURANCE COMPANY BY - G Jerome J(!!! Svgaeney, President Ll S INSUgq QG,T`p0.FOR�t'1"� 1 F o • kAR. 27. o ATTEST w ; > 167a o W n BY t� Paul E. Griffin, .. Secnetar On October 20, 1986, before me, the undersigned, a Notary Public in and for said State, personally appeared Jerome J. Sweeney and Paul E. Griffin, Jr., personally known tome (or proved tome on the basisof satisfactory evidence) to be the persons who executed the within instrument as President and Secretary on behalf of Indemnity Company of California and as President and Secretary on behalf of Developers Insurance Company, the corporations therein named, and acknowledged to me that the corporations executed it. WITNESS my hand and official seal. / EAL VIOUMAN SignatureREM ALIFORNIANotary Public NTY Mar. 13, 1989 CERTIFICATE The undersigned, as Executive Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Executive Vice President i f DEVELOPERS INSURANCE COMPANY, does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Anaheim, California, this 26TH day of .LNE _, 198 7 . INDEMNITY COMPANY OF CALIFORNIA VP AMy By r 9tN �P gpPOR� w MAR. 27, o Thomas H tell, Jr., Executive Vice President r°uRPOR�rf n B �SeCe��f Y ; Thomas H. ell, Jr., n Ie6R Do Executive Vice President ID310 REV 12/86 DEVELOPERS INSURANCE COMPANY 6Uggry By r 9tN �P gpPOR� w MAR. 27, o Thomas H tell, Jr., Executive Vice President 3 0 PERFORMANCE BONr KNOW ALL MEN BY THESE PRESENTS: That DIVIDEND DEVELOPMENT CORPORATION 40 BOND NO: 9449225 PREMIUM: $ 29,160.00 as Principal, hereinafter called CONTRACTOR, and DEVELOPERS INSURANCE COMPANY as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of ONE MILLION SIX HUNDRED TA1ENTY THOUSAND AMID NO/100----(1.620.000.00--) 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 July 7, 1987 , entered into a (describe agreement) Development Agreement which describes, in summary, the scope of work for which permit no. 681-G is issued and related conditions under which said permit is issued 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 EXHIBIT C I 1 0 0 be taxed as -costs and included in any judament rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modifi- cation 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 26TH day of JUNE 19 87 , at LAFAYETTE , California. APPROVED AS TO FORN,. R. Shaw Attorney PRINCIPAL SURETY DEVELOP�'�' �' •iil"MICAMw yk�V1p•I�, (NOTARIZATION AND SEAL) STATE OF CALIFO IA COUNTY OF / On this day of L2. , in the year 19i-7, before me, the undersigned, a No(ry Public in and for said State, personally appeared MM IAL SEAL,A. BROWNINGLlf. rgLIFORNlAp r;pUNTvue.On li ORBS ACKNOWLEDGMENT—CorWallon—Wolwns Porn 222CA-x—Am 5.82 01982 WOLCOTTS, INC. Links class 14) CORPORATION personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within Instrument on behalf of the Corporation therein named, and acknowledged to me that the Corporation executed it. WITNESS my hand and official seal. Notary Public in and for sai State. STATE OF CALIFORNIA CO COSTA SS COUNTY OF On before me, the undersigned, a Notary Public in and for said State, personally appeared SHEITA STEVENS , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as Attorney - in -Fact on behalf of Developers Insurance Company, the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. 6—�1/� Signature DIC 304 (REV. 2185) 40 OFFICIAL SEAL ALEXIS A. BARRIOS NOTARY PUBLIC - CALIFORNIA CONTRA COSTA COUNTY My commission expres June 20. 1989 This area for ficial Notarial Seal IN*'�"1 CP OF ATTORNEY OF N° 017699 MNil I'Y COMPANY OF CALIFOR& AND DE%'IE.I_0 SI R INSURANCE COMPANY P.O. BOX 7f4.i F N4HE td, CALI F. 9, E 03 • (714)999-1471 NOTICE: 1. All power and authority herein granted shall in any ev9n' tern .n a on the 31 st duty ai December. 1987, 2. This Power of Attorney is void it altered or It any par in 1 c. ar is,l. 3. This Power of Attorney is void unless the seal Is readebla, tnf text is ir brown ink, the signatures are In blue Ink and this notice ie In red ink. 4. This Power of Attorney should not be returned to the Artoruc� is -In-Fact, but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS, that, except as expressly hm ad, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, but not jointly, hereby make, constitute and appoint SMSA STEVENS the true and lawful Attorneys) -in -Fact, to make, execute, deliver and acknowledge, for and on behalf of each of said corporations as sureties, bonds, undertakings and contracts Of suretyship in an amount not exceeding $1,500,000 in any single undertaking, giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do. but reserving to each of said corporations full power of substitution and revoca- tion; and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney tlo nog extend to any of the following bonds, undertakings or Contracts of suretyship: Bank depository bonds, mortgage deficiency bonds, mortgage guarantee bonds, guarantees of installment paper, note guarantee bonds, bonds on financial institutions, lease bonds, insurance company qualifying bonds, self -insurer's bonds, fidelity bonds or bail bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resc lutions adopted by the respective Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24, 1986: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the afforney(s) named in the Powers of Attorney to execute on behalf of the corporation,bonds, undertakings and contracts of suretyship; and that the Secretary or any Assis- tant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney, RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Affoi ney or to any cenificate relating thereto by facsimile, and any such Power of Altor- ney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS I five Presidents and attested by their respective Secretaries this 20th day of October. 1986, INDEMNITY COMPANY OF CALIFORNIA By Jeroor.Z40eeney, President ATTEST By — Paul E Griffin. Jr.,cretary STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) have severally caused these presents to be signed by their respec- DEVELOPERS INSURANCE COMPANY BY_ Jerome J $w,beney, Presitlent 91NSURq R�?copFORyt~� 2 T ATTEST YAR. 2t. a � n IBiB e By Paul E. Griffin, J Secretary On October 20, 1986, before me, the undersigned, a Notary Public in and for said State, personally appeared Jerome J. Sweeney and Paul E. Griffin, Jr., personally known tome (or proved tome on the basis of satisfactory evidence) to be the persons who executed the within instrument as President and Secretary on behalf of Indemnity Company of California and as President and Secretary on behalf of Developers Insurance Company, the corporations therein named, and acknowledged to me that the corporations executed it. WITNESS my hand and official seal. / OFFICIAL SEAL VIRGINIA LI LOUMAN =�Rt..�+`.'� NOTARY PUBLIC -CALIFORNIA Signature ,.__ —_ ..----- 3A ORANGE COUNTY Notary Public My Commission Expires Mar. 13. 1989 .rc4 CERTIFICATE The undersigned, as Executive Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Executive Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify thatthe foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in totes asofthe date of this Certificate. This Certificate is executed in the City of Anaheim, California, this 26++tlay of _ .URL'+ , 1987 INDEMNITY COMPANY OF CALIFORNIA V,P AN DEVELOPERS INSURANCE COMPANY 1NSU `{O; ePP0R,1 ff c �?`e0.PeR,P�f � BY By Thomas H. ­74,fell, Jr.,o Isat retl, Jr., W IarB a Executive Vice President W i�//r'a0.0.x�?T Executive Vice President o a< rp R0.v�Fx'a ID 310 REV 12156 a fr PERF ORIMA`tiCE BM.:- KNOti ALL MEN BY THESE PRESENTS: That DIVIDEND DEVELOPMENT CORPORATION BOND NO: 944922S PREMIUM: $ 29,160.00 as Principal, hereinafter called CONTRACTOR, and DEVELOPERS INSURANCE COMPANY as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of ONE MILLION SIX HUNDRED T<iJENN7Y THOUSAND AND NO/100----(1.620.000.00--) 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 July 7, 1987 , entered into a (describe agreement) Development Agreement which describes, in summary, the -scope of work for which permit no. 681-G is issued and related conditions under which said permit is issued 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 vy7 7nTm . STATE OF CALIFOR A ss. COUNTY OF On this V day of in the year 19-L, before me, the undersigned, a Not _Public,jn and for said State, personally appeared OFFICIAL SF,AL s KATHLEEN A. BROWNING •a NGTgRY RUBLIC�CgLIFORNIq .SAN DIEGO COUNTv My Comm Eapues OO ] 1 190P ACKNOWLEDGMENT—Corporation—WWunt Form 222CA.K—Rev. 5 82 01982 WOLCOTTS, INC. (plicr CWS$ 8.7) CORPORATION , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument on behalf of the Corporation therein named, and acknowledged to me that the Corporation executed it. WITNESS my hand and official. sea. Notary Public in and for said State. STATE OF CALIFORNIA COUNTY OF CONTRA COSTA sS. On JUNE 26 . 1967 , before me, the undersigned, a Notary Public in and for said State, personally appeared SHEILA STEVENS personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as Attorney - in -Fact on behalf of Developers Insurance Company, the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal, Signature (ca-f'�) L �� DIC 304 (REV. 2185) OFFICIAL SEAL ALEXIS A. BARRIOS m NOTARY PUBLIC . CALR09NIA CONTRA COSTA COUNTY My commission expires lune 20, 1989 This area for ficial Notarial Seal � -77 OF AT70PNIEY OF N° 017697 IN NI1'r' COMRPANY OF CALIFOR* AND DEVEll.r.+PERS IPISURFIIVCE COMPANY P.O. BO} 333.? P.NAHE.IA, CAU' h2Flll3 • (714) 999-1471 NOTICE: 1. All power and authority herein granted shall in any oven! .-rrnrt ate On the 31st day oJecember, 1987. 2. This Power of Attorney Is void if altered or 11 any poi ton is siasad_ 3. This Power of Attorney Is void unless the seal is readable the tart is in brown 11k, the signatures are in blue Ink and this notice is in red ink. 4. This Power of Attorney should not be returned to the; Aflornevlsl-Im Fz ct, but should terrain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS, that, except as expressq I meed. INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, but not jointly, hereby make, constitute and appoint SHEILA STEVENS the true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of each of said corporations as sureties, bonds, undertakings and contracts of suretyship in an amount not exceeding $1,500,000 in any single undertaking, giving and granting unto said Alto rney(s)-i n -Fact full power and authority to do and to perform every act necessary, requisite or proper to be done m connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revoca- tion; and all of the acts of said Atto rney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds, undertakings or contracts of suretyship: Bank depository bands, mortgage deficiency bonds, mortgage guarantee bonds, guarantees of installment paper, note guarantee bonds, bonds on financial institutions, lease bonds, insurance company qualifying bonds, self -insurer's bonds. fidelity bonds or bail bonds. This Power of Attorney is granted and is signed by facsimile under antl by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24, 1986. RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorneys) named in the Powers of Attorney to execute, on behalf of the corporation, bond 3, undertakings and contracts of suretyship; and that the Secretary or any Assis- tant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attor- ney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect i o any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec- tive Presidents and attested by their respective Secretaries this 20th day of October, 1986. INLEMNITY COMPANY OF CALIFORNIA _ BY Jerome . S eeney, President g1kP AMY O OteRY eRBI O a o'• ATTEST s OCT.0. r � 1961 By W /L / Zn�</PoRpJ d Paul E. Griffin, Jr.. cretary STATE OF CALIFORNIA) SS. COUNTY OF ORANGE ) DEVELOPERS INSURANCE COMPANY BY Jerome Jj Swjaeney, President lJ y \N S Uqq oQ'4p0.FOR�tar.� 2 f ATTEST w MAR 2T, o > 1918 i � n o �4roRa`YY+ By Paul E. Griffin, Secretary On October 20, 1986, before me, the undersigned, a Notary Public in and for said State, personally appeared Jerome J. Sweeney and Paul E. Griffin, Jr., personally known tome (or proved tome on the basis of satisfactory evidence) to be the persons who executed the within instrument as President and Secretary on behalf of Indemnity Company of California and as President and Secretary on behalf of Developers Insurance Company, the corporations therein named, and acknowledged to me that the corporations executed it. WITNESS my hand and official said. OFFICIAL SEAL VIRGINIA M. LOUMAN Signature I•*"H"�"_ " NOTARY PUBLIC -CALIFORNIA Notary Public a '.e.•' c OUNTY My Commisssion ExpORANGE ires Mar. 13, 1989 CERTIFICATE The undersigned, as Executive Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Executive Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, thatthe provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Anaheim, California, this 26M day of JUNE , 198 7. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY y,PAMY \N6Uq w0`ePPON4r o �P9eRPoq�gq' e o � � BY i = OCT.q w By / W MAR. 27. o Thomas H. ell, Jr., 1867 Thomas H rell, Jr., n IB79 i Executive Vice President Executive Vice President In 310 REV 12/86 a BOND I40. 945044 S PERFORMANCE BOM PRLIIIUIi v 462.00 NO. 2 KNOti ALL MEN BY THESE PRESENTS: ,y i That Dividend Development Corporation , as Principal, hereinafter called CONTRACTOR, and DEVELOPERS INSURANCE COMPANY as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of thirty three thousand 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 July 7, 1987 , entered into a (describe agreement) Development Agreement with the City of San Juan Capistrano providing in part that Developer perform certain grading improvements relating to Lot A and Parcel 1 and 2 of Tentative Tract 12633 which are more specifically set forth in paragraphs 1,=.2, 3A, 3B, 3F, 3G, 3H, 31, 3J, 3K, 3N, 4, 5, 6, 7 AnA R _ _ _. _ __..— , 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 EXHIBIT C-1 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 modifi- cation 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 13TH at LAFAYETTE APPROVED AS TO FORM. R. Shaw Attorney day of JULY , California. PRINCIPAL 19 87 , =-(NOTARIZATION AND SURETY DEVEL`O/P'EI/RSS INSURANCE /ACOMPANY ' SHEILA STEVENS, ATTORNEY-IN-FACT (NOTARIZATION AND SEAL) STATE OF CANRNIA —SS. COUNTY OFt ) p7 On this �1—_ day of in the year 190 ' , before me, the undersigned, a Notary Public in an for said State, personally appeared o eicui SEAL DONNA M. ALESSANDRA NOTARY PUBLIC -CALIFORNIA SAN DIEGO COUNTY My Comm. Eapiou May 26,1990 ACKNDwIEDGNENJ—Wp9rniws—wyrasu Ponn 77741-x—Ary, 5.72 CIP12 INDIODTIS, INC. Wke ct n 17) CORPORATION OC ' , personally known fo me (or proved to me Wn the basis of satisfactory evidence)Yo be the person who executed the within Instrument on behalf of the Corporation therein named, and acknowledged tD me that the Corporation executed it. WITNESS my hand and otticiaL I. Notary Public In and for said State. STATE OF CALIFORNIA CCLNTY OF CONTRA COSTA ss. On JULY 13 1987 , before me, the undersigned, a Notary Public in and for said State, personally appeared SHEILA STEVENS , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as Attorney - m -Fact on behalf of Developers Insurance Company, the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. CA Signature DIC 304 (REV. 2)85) OFFICIAL Ei_AL 't n,I;� ALEXIS A. L!ARR10S NOIFRY PUBLIC CALIFONNIA CONTRA COSTA COUNTY My commission ecpoes June 20. 1959 Notoria/ Seal N° 020582 INM4iI ':.Oup.I+fl I I ill O . ANDOEV E .:1 ,,:f, E 1 13. ,1.1 It : E : OM NY P.O. BO) 1 , , I- i 1 7 )99-1471 NOTICE: 1. All power and authority herein granted shall in any e\ent to mmate c e tta.11 A d a + of=ecambel, 1987. 2. This Power of Attorney is void if altered or if any port or is orisec. 3. This Power of Attorney is void unless the seal is readable, t e text Is in brown ink, trip signatures are in blue ink and this notice is in red ink. l This Power of Attorney should not be returned to the Attorrmey(s)-In-Fact, but sho,Ji remaun a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS. that, except as exp , r ^ l EN -4, 1 . 1 f I c y )F 4 LIFORNIA antl DEVELOPERS INSURANCE COMPANY, do each severally. but not jointly, hereby make, constitute and appoint SHEILA STEVENS the true and lawful Attorney(s)-In-Fact, to make, execute, deliver anc , i r'.i .,.c is >r 1, c. , 3t,h -aid corporations as sureties, bonds, undertakings and contracts of suretyship In an amount not exceeding $1,500,000 in any single undeaet l Yr n Are:grid pmrp, t „c1PurY(s)-m-Factl'uil power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith a, oa r i, -, e col o gyral m s .c ., c .I I it ese \ Ig to each of said corporations full power of substitution and revoca- tion; and all of the acts of said Alto rney(aj-i in -Fact, pursuant to those rt: tl a s' erE :p , ii irc , o fi,ee- The authority and powers conferred by this Power of Attorney do rota«:r ,. a i, .f if e of c,+ I ; is. u it r Takings or contracts of suretyship. Bank depository bonds, mortgage deficiency bonds mortgage Or - 'rut e -,rids 2'a,aite ,. slhri3 tpaper note guarantee bontls, bonds on financial institutions, lease bonds, Insurance company qualifying bonds, self -insurer's bond, :darty Cr ,dc c Cu if i.-. This Powered Attorney agranted and Issigned byfacsimile underand Ly antl c i tyo' nel,lln. gIi, i,,':lcsad to ted bytherespective Boards of Directorsof INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective es o, SeptemLe, 2 i. 1986 RESOLVED, that the Chairman of the Board the President and any bice � reeice v of :ne corw i if be and that each of them hereby Is, authorized to execute Powers of Attorney, qualifying the attorney(s) named In the Powers of Attorney to execute, on behalf Atne corpo,at on -Conor indertaxings and contracts of suretyship; and that the Secretary or any Assis- tant Secretary of the corporation be, and each of them hereby is, authorized to affe.a the rxeciur, -�* i such Power of Attorney, RESOLVED,FURTHER, that the signatures ofsuch officers may be affixed tc anv such Powe cf Ahor I, y cr to a, yceNlflcate relating thereto by facsimile, and any such Power ofAttor- neyorcertificate bearing such facsimile signatures shall be valid and bindmy apar Or,, co, urination when to ftfIxccl and In the future with respect to any bond, undertaking or contract of suretyship to which it is attachetl. IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORN IA and DEVELOPERS IN SURANC IE COMPANY have severally caused these presents to be signed by their respec- tive Presidents and attested by their respective Secretaries this 20th day of October. 1986 INDEMNITY COMPANY OF CALIFORNIA i By Jerome J S' eeney, President yF nMy z` RYORRI�o ific ATTEST �� OCT. S, r RY Paul E Griffin, Jr ecretary STATE OF CALIFORNIA) I SS. COUNTYOFORANGE ) DEVELOPERS INSURANCE COMPANY C _ B o:� G 1 Jerome J, SwJ§eney. President lPS \NSUggry Q�,2`pRFOR� a� 0 ATTEST w Nnk 2T, o � IaiB L n ey- ------- Pail E Griffin, J '., Secretary On October 20, 1986, before me, the undersigned a Notary Public in and for said State. personally appeared Jerome.,. Sweeney and Paul E. Griffin, Jr., personally known to major proved to me on the basis of satisfactory evidence) to be the persons who executed the within Instru ment as President and Secretary on behalf of Indemnity Company of California and as President and Secretary on behalf of Developers Insurance Company, the corporations therein named, and acknowledged to me that the corporations executed it. WITNESS my hand and official seal. IRGOFFICIAL SEAL VIRGINIA M. LOUMAN Signature �/_ _~ �.y� •'.,ill �� NOTARY PUBL C -CALIFORNIA ----_— - - -- -- _ ORANGE COUNTY Notary Public commission Expires Mar. 13, 1989 yy CERTIFICATE The undersigned as Executive Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Executive Vice Presitlent o'I DEVELOPERS INSURANCE COMPANY, does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked, and furthermore. that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date M this Certificate This Certificate is executed in the City of Anaheim, California, this 13TH day of - _ JULY _ 198 7_ INDEMNITY COMPANY OF CALIFORNIA epF •N o DEVELOPERS INSURANCE COMPANY\NSU 9 A etepPOR,��f o 4'joeRPOR,fl��^ B OCTA a By ! W� NLa YL o f Y--__ __ _- r 1 - - - --___ Thomas H. ell. Jr., d �, 1361 ' e Thomas H. nett, Jr., � � IBiB ' j Executive Vice President �rnoaax�a Ezecutve Vice President o<rro RPS r? ID 310 REV 12186 BOND I40. 4450445 • prcrORMANCE Bolz •REMIUM $ 462.00 NO. 2 XNOw ALL MEN BY THESE PRESENTS: That Dividend Develomient Corporation as Principal, hereinafter called CONTRACTOR, and DEVELOPERS INSURANCE COMPANY as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of thirty three thousand 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 July 7, 1987 , entered into a (describe agreement) Development Agreement with the City of San Juan Capistrano providing in part that Developer perform certain grading improvements relating to Lot A and Parcel 1 and 2 of Tentative Tract 12633 which are more specifically set forth in paragraphs 1,_2, 3A, 3B, 3F, 3G, 3H, 31, 3J, 3K, 3N, 41 5, 6, 7_anA R- — _ -_. - , 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 EXHIBIT C-1 V r 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 modifi- cation 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 13TH at LAFAYETTE APPROVED AS TO FORM. day of JULY , California. PRINCIPAL DIVIDEN BY: �(NA RT 7a SURETY AND SEAL) 19 87 DEVELOPERS INSURANCE COMPANY BYL� SHEILA STEVEN9, ATTORNEY-IN-FACT (NOTARIZATION AND SEAL) v V r 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 modifi- cation 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 13TH at LAFAYETTE APPROVED AS TO FORM. day of JULY , California. PRINCIPAL DIVIDEN BY: �(NA RT 7a SURETY AND SEAL) 19 87 DEVELOPERS INSURANCE COMPANY BYL� SHEILA STEVEN9, ATTORNEY-IN-FACT (NOTARIZATION AND SEAL) STATE OF CALIFORNIA %.OUNTY OF Jf\(yl (f2(i ss. On this day of in the year 19fz, before me, the undersigned, a Notary Public in a for said State, personally appeared 4!0 personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within Instrument on behalf of the Corporation therein named, and acknowledged to me that the Corporation executed it. WITNESS my hand and otticiats I. Notary Public in and for said State. ACKNOWIEW HENT—Corporation—Wdwtla form 777CL2—Ar. 5 t C1P57 WOLCOTTS, INC. (p,ta coos 17) . CORPORATION STATE OF CALIFORNIA COUNTY Or CONTRA COSTA }SS. On JULY 13, 1987 , before me, the undersigned, a Notary Public in and for said State, personally appeared SHEILA STEVENS personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as Attorney - in -Fact on behalf of Developers Insurance Company, the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and officio] seal. Signature ".WMMSM OFFICIAL SEAL :! - 4 E`{ `�ty"�1 f.i ",I ALEXIS A. BARRIOS NOTARY PUBLIC - CALIFORNIA CONTRA COSTA COUNTY MY nni en exm,es Jura 20.1989 DIC 304 (REV. 2135) 1 This area jot ficial Notarial Seal I _ �-- N? 020584 14MI111 l'; allR,JIx {d ,I. 'OF& AND DE\'i .'a '� k: I H:, 14elil :E :OMPANY P.O. BO) ' I / , H '. f f i 7 199-1471 NOTICE: 1. All power and authority herein granted shall In any event to minate cn Ihp Met d a r o' Oacembrr 1987. 2. This Power of Attorney is void if altered or if any porron f. nre sea 3. This Power of Attorney is void unless the seal is readaole. t is text is in brown ink, th-f sgnatures are in blue ink and this notice is in red ink. 4. This Power of Attorney should not be returned to Ind Attorneys) -In -Fact. but ahould rerna n a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS. that, except as exp ., - y r e I+C EM 11'1 I :I r f r I ' 1F ' %LIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, but not jointly, hereby make, constitute and appoint SHEILA STEVENS the true and lawful Attorney(s)-in-Fact, to make, execute, deliver a i I -: c r.I to •r t 1, : 1 1 is If _ .md corporanons as sureties, bonds, undertakings and contracts of suretyship In an amount not exceeding $1,500,000 In any single un I . t N r c c ire t to _rent n, � I : J tit r ay(s)-m-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith a i ,c r - :..i i cc r.t at if S, 0 C , t c .t laser V ng to each of said corporations full power of substitution and revoca- tion; and all of the acts of said And rney(s)-in-Fact, pursuant to these t re -e .r. at Y -re y a it c c , < I, innal The authority and powers conferred by this Power of Attorney do :o', -r,, I , _ a ry D 1 II.T,.I ) I r.is w , rtaknigs or contracts of suretyship. Bank depository bonds, mortgage deficiency bonds, mortgaU,°1. 11 't ,_e ,r+:IS, I, t, trn,.-r i etallmm r paper note guarantee bonds, bonds on financial institution$,lease bonds. insurance company qualifying bonds, self -Insurer's nor I , t If I ty tc ds T: d i Lc rc = This Power of Attorneys granted and Issigned by facsimile under a 1d b y Sit i iyi,I ef.it( w "I rso,ctr.rsadapted bythe respective Boardsof Directorsof INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, e1ocote i, cf Scplember 2<, 19Fr' RESOLVED, that the Chairman of the Board, the President and. triv Jae E. -i ideiloftec,:Tcrt'i„r se ind that each of them hereby is, authorized to execute Powers of Attorney, qualifying the atiorney(s) named in the Powers of Attorney to execute or, boh,td of the,_orp aa-ix,dovs..eufertak Ings and contracts of suretyship; and that the Secretary orany Assis- tant Secretary of the corporation be, and each of them hereby is, autn3,rze.1 to au ri thF exe.;t oc n 1 any such Dower of Attorney; RESOLVED,FURTHER, that the signatures of such officers may no alfixec b any such F>wer at Avl TP/ Cr to an i cerbimate relating thereto by facsimile, and any such Power of Attor- ney or certificate bearing such facsimile signatures shall be valid and bind i r g spin the cor,)o ne'icn w he r . o aHixeo and In the for ure with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA anc. DEVELOPERS INSURANCE COMPANY have severally caused these presentsto be signed bytheirreapec- five Presidents and attested by their respective Secretaries this 20th day of October 1986 INDEMNITY COMPANY OF CALIFORNIA BYC�-__. Jerome J S pansy, President ATTEST By Paul E. Griffin, E. Griffin, J STATE OF CALIFORNIA) SS. COUNTY OF ORANGE ) BEVEL OPERS INSURANCE COMPANY <" By v Jerome J'Sw eney, President NP ANY tN9UR z�apP Oq�� � Q4.�GOPFOR��Nt 0 OCT i J ATTEST w i 1061 �ti��ePMx d � Off'///FO RPt�1P BY Paul E. CIIffln, J Secretary On October 20, 1986, before me, the undersigned, a Notary Public in and for said State, personally appeared Jerome J. Sweeney and Paul E. Griffin, Jr_ personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within it atrument as President and Secretary on behalf of Indemnity Company of Calitornia and as President and Secretary on behalf of Developers Insurance Company, the corporations therein named, and acknowledged to me that the corporations executed it. WITNESS my hand and official seal. OFFIAL SE • V INIA M LOUOMAN ��•'�'�'`'" I'�'�"ie"' , R NOTARY PUBLIC -CALIFORNIA Signature ORANGE COUNTY Notary Public- My Commission Expires Mar. 13, 1989 IRGINIA CERTIFICATE The undersigned, as Executive Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Executive Vice President or DEVELOPERS INSURANCE COMPANY, does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, thatthe provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Anaheim, California, this. 13TH day of .JULY_ _ ___, 198 7 . INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY g1kP xN Y 0 y tN S URq pP � 'cam �P OpPOR� ryc {G4 POq t n F BY___-- 1961 By __ i Thomas H, ell. Jr., d o r Thomas H. yrell, Jr., Executive Vice President 1 �r/FaP+x�?' Executive Vice President Rr 40RP3Pyv' ID 310 REV 12/86 • PERFORMANCE BOM NO. 2 XNOti ALL MEN BY THESE PRESENTS: • B014D NO. 945044 S PRrIIIU1I $ 467,:00 That Dividend Development Corporation as Principal, hereinafter called CONTRACTOR, and DEVELOPERS INSURANCE COMPANY , as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of thirty three thousand 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 July 7, 1987 , entered into a (describe agreement) Developn-ent Agreement with the City of San Juan Capistrano providing in part that Developer perform certain grading improvements relating to Lot A and Parcel 1 and 2 of Tentative Tract 12633 which are more specifically set forth in paragraphs 1,_2, 34, 3B, 3F, 3G, 3H, 3I, 3J, 3K, 3N, 4, 5, 6; 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 EXHIBIT C-1 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 modifi- cation 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 13TH day of JULY at LAFAYETTE APPROVED AS TO FORM. a V , California. PRINCIPAL BY: (NOTARIZATION SURETY SEAL) 19 87 DEVELOPER INSURANCE COMPANY BY: ti.i!.CJ�� SHEILA STEVENS, ATTORNEY N -FP -CT (NOTARIZATION AND SEAL) STATE OF CALIFORNIA COUNTY OF U 01982 WDIC01f9, INC, OFFICIAL S. DONNA M. ALE SANDRA NOTARY PUBLIC• CALIFORNIA BAN DIEGO COUNTY My Comm. E*M May 26,1990 form 222CA x—Aer. 1.12 CORPORATION On this �'�_ day of in the year 19�, before me, the undersigned, a Notary Public in and for said Stale, personally appeared �,fl✓VN E9 D(- U_h/ , personally known to me (or proved to proved to me on Che basis of satisfactory evidence) to be thebbaa�sis of satisfactory evidence) to be the person who executed the within Instrument on behalf of the Corporation therein named, and acknowledged to me that the Corporation executed it. WITNESS my hand and otficial���,/M1�/ Notary Public in and for Said Stale. STATE OF CALIFORNIA COUNTY OF CONTRA COSTA SS. On _ JULY 13, 1987 , before me, the undersigned, a Notary Public in and for said State, personally appeared SHEILA STEVENS personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as Attorney - in -Fact on behalf of Developers Insurance Company, the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. Signature t/`^ — � CA -Bcu�✓C"' DIC 304 (REV. 2185) �S a OFFICIAL SEAL ,. � ALEXIS A. BARRIOS � ,�?ffi . NOTABY PUBLIC CAlIF08NlA t t �„:�',�.�, CONTRA COSTA COUNTY My cemmiss,on expires June 20, 1989 This area for ficial Notarial Seal No 020583 ' I�M?I11'o'i:OtIR14Y tot �L OF�N AND DEV I .:1 1E1,: 1 13 ,, 0-I is :E : OMPANY P.O.BO> 3"1 r „F_ "I, . , , • 7 399-1471 NOTICE. 1. All power and authority herein granted shall in an) event te,riate r in B e J1:d da, c: ;eCernber, 1987. 2. This Power of Attorney is vola if altered or If any p ),hon 15 nraseo. 3. This Power of Attorney is void unless the seal is readable, I ie tex�. rs in brow, ink, tho signature= are in blue ink and this notice is in red ink. 4. This Power of Attorney should not be returned to the A.ttorr ey(s)-In-tact, but shot Id remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS, that, except as exp 1 r t 1 rat Y• 1'i r. )r I r 1 i IF C 1LIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, but not jointly, hereby make, constitute and appoint SHEILA STEVENS the true and lawful Attorney(s)-in-fact, to make, execute, deliver ,c . cr i +! : ir- Ir r. 11 . , 3..:h ' .aid corporallons as sureties, bonds, undertakings and contracts of suretyship In an amount not exceeding $1,500,000 in any single underr3, r r i 4r ., ; A r. n• n: , r t c 4t'o-I e+yls)-in-Fact full power and authorltyto do and to perform every act necessary, requisiteor properto become in connection therewith a e:,lo ecc it a!)Is ci,( I t t es j rig toeach of said corporations full powerof substitutionand revoca- tion, and all of the acts of said Atiorney(s)-in-Fact, pursuant to theme u • -r t .. a , I vre"y rc 1 r _ n fir raJ. The authority and powers conferred by this Power of Attorney do .r,: a i, _f tl i of 3-u r c b u- r'.r-Makings or contracts of suretyship. Bank depository bonds. mortgage deficiency bonds, mortgay_ p_ r Imre ds- 3r_a? ,I T sallr1 3^t base,, nota guarantee bonds, bonds on financial institutions, lease bonds, Insurance company qualifying bonds, self -insurer l, bo ,d A- ity r ce , h u :)o e. This Power of Attorney is granted and Is signed by facsimile under e no t y n.t crry_'v,el Ila.ngre:c1,iensaJ3otedbyline respective Boards of Directorsof INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effec'rvect Soptember 2- 1331_ RESOLVED, that the Chairman of the Board, the President and a,, Vie 'r?::ioenof me c( rat ra r. , be and b\at each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorneys) named in the Powers of Attorney to execute, in oehall r f ora: orpol at on. Cc nd s u ndertau rags and contracts of suretyship, and that the Secretary or any Assis- tant Secretary of the corporation be, and each of them hereby Is, aurhwi: ed e a tart th,= exec rner' r err, suon Power of Attorney; RESOLVED ,FURTHER, that the signatures of such officers may beaffaec yc any sr ch Powe"( I Ana nay or to a r y certificate relating thereto by facsimile, and any such PowerofAttor- neyorcerfificate bearingsuch facsimile signatures shall be valid and iiJinu jp)i no\ corporanou wb ,o affixed and in thefuture with respectto any bond, undertaking or contractof suretyship to which it is attached. IN W ITN ESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS I NSURANC E COMPANY have severally caused these presents to be signed by their respec- tive Presidents and attested by their respective Secretaries this 20th day o• Octobor, 1986 INDEMNITY COMPANY OF CALIFORNIA - By Jerome J�veeney, rest an e%P ANY J ti G`PPOR�t � ATTEST �1 IOci G T V 6Y_______ Paul E Griffin, Jr., ecretary STATE OF CALIFORNIA 1 SS, COUNTY OF ORANGE ] DEVELOPERS INSURANCE COMPANY Uy Jerome J/Swpeney. President 5\NSUgq oP`ePFORR e MAR 2T, o AiTE51 w S IB19 � Paul E. Griffin, J Secretary On October 20, 1986, before me, the undersigned, a Notary Public in and for said State, personally appeared Jerome J Sweeney and Paul E. Griffin. Jr,, personally known to major proved tome on the basis of satisfactory evidence)to be the persons who executed the with in natrument as President and Secretaryon behalf of Indemnity Company of California and as President and Secretary on behalf of Developers Insurance Company, the corporations therein named, and acknowledged to me that the corporations executed it. and WIrNESS my haneofficial seal NOTARYP OFFICIAL SEAL y � VIRGINIALI LOUMAN SignatureL __ PUBLIC -CALIFORNIA Notary Public ORANGE COUNTY My Commission Expires Mar. 13, 1989 CERTIFICATE The undersigned, as Executive V ice President of INDEMNITY COMPANY OF CALIFORNIA, and Executive Vice President of DEVELOPERS INSURANCE COMPANY, does hereby Certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked: and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Anaheim, California, this _13TH day of JULY_- _ - _ 198 7. INDEMNITY COMPANY OF CALIFORNIA By Thomas H. T ell, Jr.. Executive Vice President 10 310 REV 12/86 DEVELOPERS INSURANCE COMPANY M,P ANy \NSUq ti �toPPOR�to c+ rv��e0.POR� f � o. z OCTA BY_ -_J'[ kAfl. 2i. o w n 195/ a. Thomas TT rell, Jr., IaiB i ti Rrrroa0.v�? Executive Vice President p R4roa0.v0.yP 0 ONW081 IS Iffilid November 28, 1990 Thelnsco/Dico Group 333 Wilshire Anaheim, California 92801 Attention: Ms. Deanna Mortenson JVAIN ■ �'� mlonunulo I5TBmem 1961 1776 �I Irl �Ju� MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND LAWRENCE F. BUCHHEIM KENNETH E. FRIESS GARY L. HAUSDORFER PHILLIP R. SCHWARTZE CITY MANAGER STEPHEN B JULIAN Re: Bond No. 944922S, Grading and Landscape Bond ($1,600,000), Tract 12633, Dividend Development Dear Ms. Mortenson: Thank you for your prompt reply regarding the cancellation of the referenced bond. As I mentioned during our telephone conversation, the grading and landscape work on this project is not complete and, per your suggestion, the City is hereby requesting that the bond be brought back into force. Bonds of this type are required by agreements, in this case a Development Agreement, entered into with the developer and the City Council. Only a Council action can release a bond required by an agreement. The City Clerk's Office will forward a notification of such an action to the bonding company. Somehow, the City's Pubic Works Inspector, P. J. Sanderson, obtained the status inquiry for this bond. He was not responsible for the grading and landscape work and I do not know why he filled out the form. Please forward any future status inquires regarding this bond to Mr. Daniel McFarland, Manager of the Building and Safety Division, at this same address. I am also enclosing a list of bonds for public and private streets, sewer and storm drain improvements, and survey monumentation for the Dividend project. I am now concerned about the status of these bonds. Could you please research your files and report back to me as to their status? To date, only the bonds on Tract 13101 have been released by Council and bonds have been reduced as noted on Tract 13025. All others should be in full force. Any status inquires for the bonds on the enclosed list should be sent to Mr. Ted Simon, City Engineer. 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 Thelnsco/Dico Group • November 28, 1990 Page 2 If there is any difficulty with reestablishing the bond or if you need any additional assistance, please contact either Mr. McFarland or me. Very truly yours, Rrrr�ih ony Foster Engineering Assistant RAF enclosure cc; Ray Wellington Ted Simon Dan McFarland Dawn Schanderl tl� John Shaw BONDS -TRACT 12633, 13025, 13026, 13027, 13101 TRACT BOND# TYPE AMOUNT 12633 9499205 FAITHFUL PERFORMANCE PRIVATE $355,000 9499195 PERFORMANCE PUBLIC $63,000 9499195 LABOR AND MATERIAL $63,000 9449475 FAITHFUL PERFORMANCE $7,560 MONUMENTATION 13025 9449115 PERFORMANCE PRIVATE $652,000/$25,000* 9441055 PERFORMANCE PUBLIC $1,206,000/$25,000* 9441055 LABOR AND MATERIAL $1,206,000/$25,000* 9449125 PERFORMANCE $7,000 MONUMENTATION NOT REDUCED 13026 9449145 PERFORMANCE PRIVATE $478,000 9449135 PERFORMANCE PUBLIC $267,000 9449135 LABOR AND MATERIAL $267,000 9449155 MONUMENTATION $8,820 13027 9449175 PERFORMANCE PRIVATE $600,000 9449165 PERFORMANCE PUBLIC $229,000 9449165 LABOR AND MATERIAL $229,000 9449185 PERFORMANCE $9,660 MONUMENTATION * REDUCED TO THIS AMOUNT BY COUNCIL ACTION SEPTEMBER 5, 1989 AGENDA ITEM TO: Stephen B. Julian, City Manager July 7, 1987 FROM: Thomas G. Merrell, Director Community Planning and Development SUBJECT: Modification to Conditions of Approval Related to Open Space, Equestrian Crossing, and Street Design, Tentative Tract 12633 (Lacouague/Dividend Development) SITUATION A. Applicant Mr. James R. Omsberg Dividend Development Corp. 3252 Holiday Court, Suite 202 La Jolla, CA 92037 B. Summary and Recommendation - The applicant has requested that the City, in lieu of dedication of open space conservation easements, accept fee -title to lots B and C of Tentative Tract 12633 to satisfy Condition No. 23. Staff supports the request in that the intent of the condition is to ensure control over the use of these natural open space areas (see attached map). In addition, the applicant has requested a modification to conditions related to the design of the equestrian trail crossing of San Juan Creek Road and off-site improvement of San Juan Creek Road. Staff would recommend that the Council approve these modifications. C. Background - On June 17, 1986, the City Council approved Tentative Tract 12633, subject to conditions. Condition No. 23 required the developer to dedicate open space conservation easements over lots B and C to the City of San Juan Capistrano. The intent of this condition was to ensure that any private use of the property would require approval by the City. At the public hearings, the developer indicated that they wanted to maintain ownership of the property for the possible private grazing and boarding of horses. In addition, the Council's action on the tentative tract map required the applicant to provide a grade separated and equestrian crossing at San Juan Creek Road. The applicant has requested that a signalized intersection be installed in lieu of a tunnel crossing. Finally, a condition for the improvement of San Juan Creek Road required a continuous left -turn lane. The applicant has requested that turning lanes be provided only where needed. D. Issues - The City has been asked to accept fee -title in lieu of open space easement dedication over lots B and C of Tentative Tract 12633. t.7 Agenda Item -2- July 7, 1987 E. Staff Analysis 1. Open Space Lot Dedication - Staff has reviewed the request and would recommend acceptance of the fee -title dedication in lieu of open space conservation easements. This recommendation is based upon the following analysis: a. In accordance with the Comprehensive Development Plan, lots B and C are designated as open space lots consisting of approximately 1241 acres. b. The present condition of approval was designed to permit certain private uses on the property subject to review and approval by the City. C. The use of open space conservation easements is one form of controlling activity over the subject lots. However, the most effective method of controlling use of the property would be to have the City retain fee -title of the property. d. If fee -title dedication is acepted, the City will have maximum control of a designated ridgeline and significant open space areas immediately adjacent. Such action would be consistent with the goals, policies, and objectives of the General Plan, specifically as it relates to implementing the Open Space and Conservation Element. 2.E uestrian Trail Crossing - The request to replace a grade separated crossing tunnel) with a signalized crossing will be consistent with the intent of the original condition. Its purpose was to provide a method to safely cross San Juan Creek Road under a condition that would eliminate conflicts with moving vehicles. The proposed modification has been considered by both the Equestrian and Traffic and Transportation Commission which have forwarded recommendations to approve the modification. 3. San Juan Creek Road - A condition of approval required a continuous left -turn lane for San Juan Creek Road. The applicant has requested a modification to the condition that would provide turning lanes only where needed. This change is reflected in the improvement plans and is supported by the Engineering and Community Planning Division staff. COMMISSION/BOARD REVIEW 1. Equestrian Commission - The Commission reviewed the request to modify the trail crossing from a tunnel to a signal. The Commission has forwarded a recommendation of approval. 2. Traffic and Transportation Commission - The Commission reviewed the request to modify the trail crossing from a tunnel to a signal. The Commission has forwarded a recommendation of approval. Agenda Item -3- July 7, 1987 PUBLIC NOTIFICATION Consideration of this item does not require public notification. However, in accordance with City Council policy, staff has distributed copies of this agenda item to those individuals and groups previously notified when the tentative tract map was considered. COMMUNITY REDEVELOPMENT AGENCY Not applicable. Project located outside Redevelopment Agency boundaries. FINANCIAL CONSIDERATIONS None, except the normal administrative costs associated with processing this application. ALTERNATIVE ACTIONS 1. Accept dedication of fee -title for lots B and C of Tentative Tract 12633 in lieu of an open space conservation easement, and modifications to the equestrian crossing and street design for San Juan Creek Road. 2. Accept an open space conservation easement for lots B and C consistent with the condition of approval and deny changes to the equestrian crossing and design of San Juan Creek Road as requested. 3. Continue consideration of the item. RECOMMENDATION By Resolution: 1. Approve the request to accept dedication in fee -title for lots B and C of Tentative Tract 12633 as fulfilling the requirements of Condition No. 23 of City Council Resolution 86-6-17-4. 2. Approve the use of a signalized crossing of San Juan Creek Road, in lieu of a tunnel, as satisfying Condition No. 14d. 3. Approve a modified design that provides for necessary turning lanes for San Juan Creek Road as meeting the intent of Condition No. 10a. Respectfully submitted, Thomas erre/l�%C� Director TGM:TT:kls AI/AI616872 Q0 'Ove hand 0 s Otte goto 300% 1p -0 0 Jc 06, VN% 0 0 0 to C, 0 0 Lacouague el Avion ?Alnble GoIno Los Location Locate Map / ` ^ \ '�• ', 19 � �/'1 A ��� '�/ 4 \.• 1�//11.1/1A/A viA �{ ✓ j tjl'� n 1� ,r. c�l NYk N v � ° � I - �{ I 1 v, -, AA 1 \/ A i��� _ „�' ✓f%`1�f4 U 1/- �. til A l r / I{-f ilA fvllVv, l i �I �� i \ ^� ♦, -f .i ^� ^4M .."1 jI�^. �sM' (y' ~/t, � l\ I\tl/�` ` �// - .��� c �� ,�� y // ^ // �✓ VAI r q VI 11A/�/ I/_ /�. '/ f �/ )�/Sa) n'n / YI11-t k 1 VI / SVI ✓1 0 /V A .� ` �� `` I�Q. / � � ��.' w• ' 1 I I LII l ' eP>. ,,1 y\�� \� �,/1 %�\� �� '\4 I-- /`I /w it's/w/ � ✓ / 1 t � / y�f 6 d � .+ � `1`lia \/ISI `/```i,I;Mllil✓/'4 /\ \^ 1, `" 9 Y //�: 1.! II J �- ,^✓ ,..,� ' /ll\`1_ i{ / r IYr� / \/ // %'1\(\n �i ! v n / lamv/ / � li I / / 1'w 1 / ♦ / � I 1 ^. „-`,\ .4µ•' N i ,.w r_I�Iw rJ/.l fffDw\ f, / I \/.i`l'l `/%' XI, \ '! t \,i I'�I/\ I ♦it l \� / f.1 '/�( IiI`/i`:II 1I_l't';' ' -I`/I /�'`_' 1✓ ^.f S y as I,/t # j ✓y 2 ,i/ \ p s^ y ail_\/I' " '1%wl`y'/�'�. `I/:-\"�'i� 0,I�L�1�✓,/-II: �"` p "•'�q�l/iT�yf`(`w1rS'r�\.i/isr,_1~:\th�;i//.Ili./i:,'-i`-I`l�lwlli�/:i)\:r��_lill'I�iT;_��!�,`lilw'i``�:/.; 1'�,^i•tt it 77, y C l \� iwl-,/Y/ih ♦\ I.�llaw 1 1;i� \/L\%\I �I��la. lt: I\i/_\1/� /i i�) \li l7i\,wl 11 `I :LIII II♦ 111: /1 ,1.i Open Space Lots B&C I I. - .0 SOLUTION NO. 87-7-7-6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, MODIFYING CONDITIONS 23, 14d, AND 10a OF TENTATIVE TRACT 12633 (DIVIDEND DEVELOPMENT CORPORATION) WHEREAS, the applicant, Dividend Development Corporation, 3252 Holiday Court, Suite 202, La Jolla, California 92037, has submitted a request to approve modifications to an approved tentative tract map; and, WHEREAS, the City's Environmental Review board has determined that the proposed project will have a significant effect on the environment, has required the preparation of an Environmental Impact Report, which report has been certified as final by the City Council per Resolution No. 86-6-17-2, and has otherwise carried out all requirements of the California Environmental Quality Act; and, WHEREAS, the City Council of the City of San Juan Capistrano finds and determines as follows: a. The project, as designed and conditioned, is consistent with all applicable goals, objectives, and policies of the General Plan; b. The project, as modified, conforms to all applicable requirements of Title 9 of the City's Municipal Code (Land Use) and is consistent with the approved residential concept plan Growth Management 86-1; C. The project site is physically suitable for the type and density of the proposed development; d. The design and improvements of the proposed project will not cause substantial environmental damage, nor will said design or improvements avoidably injure wildlife or their habitat; e. The design and improvements of the proposed project will not cause serious public health problems; f. The design or improvements of the proposed project will not conflict with easements acquired by the public at large for access through or use of property within the proposed project; g. The design or improvements of the proposed project will not interfere with the maintenance or preservation of an historical site as conditioned; and, WHEREAS, on June 17, 1986, the City Council adopted Resolution No. 86-6- 17-4 conditionally approving Tentative Tract 12633; and, WHEREAS, the applicant, Dividend Development Corporation, requested reconsideration of Condition Nos. 10a, 14d, and 23 of Resolution No. 86-6-17-4 regarding fulfillment of dedication of open space easements, equestrian trail crossing, and turn lane of San Juan Creek Road. -1- 0 9 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano, does here re -affirm approval of Tentative Tract 12633, subject to the following conditions, including revised Condition Nos. 10a, 14d, and 23 as follows: 1. Home Warrant - The provisions of Chapter 8-6 of the Municipal Code Home Warranty Ordinance) shall apply to any person, firm or corporation selling or offering for sale within the project three or more dwelling units --not previously occupied for residential purposes --during any 12 -month period. 2. CC&Rs - A set of conditions, covenants and restrictions (CC&Rs) shall be prepared and implemented for the project. The CC&Rs shall include at a minimum: (a) Provisions on the use and maintenance, by the owners' association, of recreation areas, other common areas, equestrian trails, and slopes. (b) Provisions regulating parking and traffic control on private streets. The CC&Rs shall be approved by the Director of Community Planning and Development prior to approval of a final map. 3. Grading Plan - A preliminary grading plan for the project shall be approved by the Planning Commission prior to approval of a final map. 4. Architecture - Architectural elevations shall be approved by the Planning Commission prior to approval of a final map. 5. Landscape and Wall Plans - Landscape, street tree, and fence/wall plans shall be prepared and implemented for the entire project. Preliminary landscaping, street tree, and fence/wall plans, including the landscape buffer adjacent to Paseo Riobo, shall be approved by the Planning Commission prior to approval of a final map. Following such plan approval, final working drawings shall be approved by the Director of Community Planning and Development. 6. Landscaping Installation - Landscaping shall be installed as follows: (a) Erosion -control landscaping for all manufactured slopes shall be installed immediately after the certification of rough grading by the City. (b) Street trees and all other non -erosion -control landscaping shall be installed in accordance with a landscape phasing plan approved by the Director of Community Planning and Development. No final building inspection shall be conducted for any dwelling unit within a given phase until all landscaping has been installed for that phase and approved by the Department of Community Planning and Development. -2- 7. Land scapeenance and Maintenance Easements nts - The developer shall be responsible for adequately installing and maintaining all landscaping until such maintenance may be assumed by the homeowners' association. An open space maintenance easement shall be created over all major slopes that are within residential lots. Landscaping on said slopes shall be maintained by the homeowners' association. 8. Street Names - Street names shall be approved by the Director of Community Planning and Development prior to approval of a final map. 9. Vehicular Access Rights - Vehicular access rights to San Juan Creek Road, Avenida Siega, and Street "A" shall be released and relinquished to the City except at street intersections. 10. Public Streets - The following public streets shall be designed, constructed, and dedicated in accordance with Section 9-4.103 of the Municipal Code: (a) San Juan Creek Road - Ultimate right-of-way to secondary standards shall be dedicated to the City from its present terminus at Tract 9786 (Hidden Mountain) to the easterly tract boundaries; street improvements to include two travel lanes and turn lanes, where needed, from Tract 9786 to 50 feet east of its intersection with Street "Q". (b) Street "A" - Ultimate right-of-way for Street "A" to commuter rural standards shall be dedicated to the City from its intersection with San Juan Creek Road to the southern tract boundary. Improvements shall be in accordance with Section 9-4.103 of the Municipal Code. Said improvements shall be installed from San Juan Creek Road to 50 feet southerly of its intersection with Street "H". 11. Private Streets - The private streets shall be designed and constructed in accordance with Section 9-4.103 of the Municipal Code. 12. Geotechnical Study - A geotechnical feasibility study shall be completed To determine the seismic safety and soils stability of all proposed grading and development within the project. This shall include the fill material located within the San Juan Creek Flood Plain area which has not been certified for compaction. The report shall be reviewed and approved by the Building Official prior to approval of a final map. Development of all areas in the tract consistent with the CDP shall be subject to any remedial grading required by the Building Official as a result of the geotechnical study. 13. Utility Easements - All utility easements shall be identified as public utilities water, sewer, electrical, telephone, etc.) or storm drain. 14. Equestrian Trail (a) The equestrian trail crossing of Street "A" shall be relocated at a street intersection. (b) Width of the equestrian trail shall be a minimum of 20 feet. -3- 0 0 (c) Dedication and design of the equestrian trail shall be in accordance with Section 9-4.106 of the Municipal Code. Said standard improvements shall include restricted trail entries per the adopted "Equestrian/Hiking Trail Design Manual" at all street intersections. (d) The crossing at San Juan Creek Road shall be signalized thereby eliminating conflicts with moving vehicles. (e) The following provisions shall be included within the CC&Rs for the subdivision: (1) Provision for maintenance of all equestrian trails by the homeowners' association. (2) Provision requiring prior City approval of any amendment to the CC&Rs that will, in any manner, affect the integrity of the equestrian trail system or its level of maintenance. (3) Provision requiring that all tract maintenance conform to the "Maintenance Standards" as per the City's adopted "Equestrian/Hiking Trail Design Manual". (4) Provision within the CC&Rs that gives the City the right to assume maintenance of the equestrian trails if the City determines, after a duly noticed hearing, that the homeowners' association has not maintained the equestrian trail at the minimum standards per the adopted "Equestrian/Hiking Trail Design Manual". Further, if the City assumes maintenance of the trail system, all costs, including administrative, shall become a lien on each residential lot within the subdivision. 15. Parcel 2 Access - Access to Parcel 2 shall be at the intersection of San Juan Creek Road and Street "Q". 16. San Diego Pipeline - The lot lines for parcels 210 - 212 shall be revised in such a manner that the San Diego Pipeline easement is not included within said lots. Furthermore, disclosure of the pipeline shall be provided as required by the City, including statements in the CC&Rs and Real Estate report. All manufactured slopes shall be located outside the pipeline easement. 17. Off -Site Improvement Participation - The applicant shall enter into a development agreement to participate in the following off-site improvement projects in an amount equal to the subdivision's contribution to ultimate traffic volumes: (a) Future traffic signalization of San Juan Creek Road and La Novia Avenue. (b) Future widening of San Juan Creek Road to secondary standards between La Novia Avenue and Camino Santo Domingo. (c) Future traffic signalization of La Novia Avenue at Calle Arroyo. -4- 0 9 18. Off -Site Improvements - The applicant shall enter into an agreement with the City for the design and construction of the following off-site improvements: (a) La Novia Avenue - Design and construct La Novia Avenue between San Juan Creek Road and Calle Arroyo, including street section, bridge approach, and bridge to full secondary arterial standards. (b) San Juan Creek Road between La Novia Avenue and Camino Santo Domingo - San Juan Creek Road between La Novia Avenue and Camino Santo Domingo shall be improved to provide a minimum of two through travel lanes and a continuous left -turn lane. Improvement plans shall be submitted for this road segment improvement for review and approval as to design to the City Engineer. Said agreement shall provide for methods of funding the project and timing of improvements in relationship to development or occupancy within the tract. 19. Drainage - The applicant shall satisfy the following conditions regarding drainage: (a) The applicant shall submit a final grading plan and hydrology calculations prepared by a registered civil engineer with submittal of street improvement plans and/or final map. The extent of topography of the grading plan shall be sufficient to determine drainage impacts to adjacent properties. (b) The applicant shall furnish a storm run-off study showing existing and proposed facilities and the method of draining the area of the subdivision and any tributary areas without exceeding the capacity of any on-site or off-site street. (c) Drainage facilities shall be provided with necessary easement, where required. All facilities shall be designed in accordance with the Master Plan of Drainage and Municipal Code standards. (d) Any connections to City storm drains from private on-site drains shall be approved by the City Engineer. A recorded hold -harmless agreement is required for private storm drain connections to City facilities. (e) Private on-site storm drains shall be maintained by the homeowners' association. (f) All work done within the Orange County Flood Control District easement shall be designed in accordance with the ultimately reviewed adopted San Juan Creek Specific Plan under permits from said agency. The developer shall recognize that the ultimate design standards for San Juan Creek may require adjustments to the development portion of Parcels 1 and 2. 20. Street Lights - The applicant shall furnish and install mercury vapor street lights with Mission Bell fixtures on Marbelite poles per City standards. The applicant shall pay applicable advanced energy fees. -5- i 9 21. Soils Subsidence Insurance - The applicant shall participate in a program to ensure against damage from soils subsidence. Prior to issuance of a grading permit for the subdivision, the applicant shall enter into a program of soils subsidence insurance as established by the City. 22. Arborculturalist - The landscape plan shall be reviewed by an arborculturalist to evaluate the survival and maintenance of trees and shrubs upon maturity. A report shall be submitted to the Director of Community Planning and Development with findings and recommendations. The Director may use that report to modify the approved landscape plan. 23. Open Space Easements - Open space conservation easements over Lots B and C shall be accepted by fee title by the City of San Juan Capistrano. 24. Construction Access and Phasing - The developer, prior to issuance of any permits, shall submit a haul route, construction access and phasing program to the Director of Community Planning and Development for review and approval. Said plan shall depict the extent of grading and public improvements which are to be constructed for each separate phase of development. Furthermore, the developer shall provide and utilize a separate haul route and construction access road other than San Juan Creek Road. 25. Access Easement - Paseo Riobo - The tentative tract map shall be revised to provide for widening of the Paseo Riobo Road easement in areas where it is less than 20 -feet wide in order to maintain it as a continuous 20 -foot easement adjacent to the tract. 26. Fees - All required fees shall be paid prior to issuance of a final map. PASSED, APPROVED, AND ADOPTED this 7th day of — July , 1987. ATTEST: CITY CLERK, ANTHONY LLAND, MAYOR 118 !u 0 0 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SAN JUAN CAPISTRANO I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 87-7-7-6adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 7th day of July , 1987, by the following vote: AYES: Councilmen Friess, Buchheim, Hausdorfer and Mayor Bland NOES: None ABSENT: Councilman Schwartze (SEAL) M RY ANN NOVER/, CITY CLERK -7- • RESOLUTION NO. 86-6-17-4 TENTATIVE TRACT 12663 (LACOUAGUE/RIVENDELL) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 12663 (LACOUAGUE/RIVENDELL) WHEREAS, the applicant, Rivendell Management Group, Ltd., 10318 - 82 Avenue, Suite 300, Edmonton, Alberta, Canada, T6E 1Z8, has submitted Tentative Tract Map 12663 proposing to subdivide approximately 263 acres of land into 232 residential lots and 6 lots for open space, park, and recreational land use, located on Assessor's Parcels Nos. 124-223-38 and 124-223-39; and, WHEREAS, the City's Environmental Review Board has determined that the proposed project will have a significant effect on the environment, has required the preparation of an Environmental Impact Report, which report has been certified as final by the City Council per Resolution No. 86-6-17-2 , and has otherwise carried out all requirements of the California Environmental Quality Act; and, WHEREAS, the City Planning Commission has forwarded the tentative tract map to the City Council recommending approval; and, WHEREAS, a public hearing has been duly advertised and held to review and receive public testimony on the application; and, WHEREAS, the City Council of the City of San Juan Capistrano finds and determines as follows: 1. The proposed project, as conditioned, and its design and improvements are consistent with the 2.0 General Open Space and 1.1 Very Low Density Residential designation- on the General Plan Map and is.- otherwise consistent with all other elements of the General Plan, including: a. Provision for an equestrian trail and bicycle trail that traverse the property in accordance with the Parks and Recreation Element; b. Provision of a public park, tennis, and equestrian facilities for outdoor recreation opportunities as per the Open Space and Conservation Element; -1- C • Provision for improvem�S and dedication o. ultimate right-of-way for San Juan Creek Roan and Avenida Siega as per the Circulation Element; d. Provision for a multi -phase testing program for CA -ORA 243 in accordance with the Historic/Archaeological Element; and, e. Clustering of residential densities in more gentler portions of the property that will reduce the amount of landform alteration, as well as resulting in additional open areas in higher elevations adjacent to designated General Plan ridgelines consistent with the Land Use and Community Design Elements. 2. The proposed project, as conditioned, conforms to all applicable requirements of Title 9 of the City's Municipal Code (Land Use) and is consistent with the approved residential concept plan Growth Management 86-1. 3. The project site is physically suitable for the type and density of the proposed development. 4. The design and improvements of the proposed project will not cause substantial environmental damage, nor will said design or improvements avoidably injure wildlife or their habitat. 5. The design or improvements of the proposed project will not cause serious public health problems. 6. The design or improvements of the proposed project will not conflict with easements acquired by the public at large for access through or use of property within the proposed project. 7. The design or improvements of the proposed project will not interfere with the maintenance or preservation of an historical site as conditioned. NOW, THEREFORE, HE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby approve Tentative Tract Map 12663, subject to the following conditions: 1. Home Warrant - The provisions of Chapter 8-6 of the Munipal Code (Home Warranty Ordinance) shall apply to any person, firm, or corporation selling or offering for sale within the project three or more dwelling units --not previously occupied for residential purposes --during any 12 -month period. -2- 2. C 's - A set of condition ovenants, and 4ictions (CC&Rs) shall b�repared and i.mp emented for the project. The CC&Rs shall include at a minimum: a. Provisions on the use and maintenance by the owners' association other common areas, slopes. of recreation areas, equestriantrails, and b. Provisions regulating parking and traffic control on private streets. The CC&Rs shall be approved by the Director of Community Planning and Development prior to approval of a final map. 3. Gradin Plan - A preliminary grading plan for the project shall be approved by the Planning Commission prior to approval of a final map. 4. Architecture - Architectural elevations shall be approved by the Planning Commission prior to approval of a final map. 5. La ndsca a and Wall Plans - Landscape, street tree, and fence wall plans shall be prepared and implemented for the entire project. Preliminary landscaping, street tree, and fence/wall plans, including the landscape buffer adjacent to Paseo Riobo, shall be approved by the Planning Commission prior to approval of a final map. Following such plan approval, final working drawings shall -be approved by the Director of Community Planning and Development. 6. Landsca in Installation - Landscaping shall be insta a as of ows: a. Erosion -control landscaping for all manufactured slopes shall be installed immediately after the certification of rough grading by the City. b. Street trees and all other non -erosion - control landscaping shall be installed in accordance with a landscape phasing plan approved by the Director of Community Planning and Development. No final building inspection shall be conducted for any dwelling unit within a given phase until all landscaping has been installed for that phase and approved by the Department of Community Planning and Development. -3- 7. installing and maintaining all landscaping until such maintenance may be assumed by the homeowners' association. An open space maintenance easement shall be created over all major slopes that are within residential lots. Landscaping on said slopes shall be maintained by the homeowners' association. 8. Street Names - Street names shall be approved by the Director of Community Planning and Development prior to approval of a final map. 9. Vehicular Access Rights - Vehicular access rights to San Juan Creek Roa , Avenida Siega, and Street "A" shall be released and relinquished to the City, except at street intersections. 10. Public Streets - The following public streets shall be designed, constructed, and dedicated in accordance with Section 9-4.103 of the Municipal Code: a. San Juan Creek Road - Ultimate right-of-way to secondary stan ards shall be dedicated to the City from its present terminus at Tract 9786 (Hidden Mountain) to the easterly tract boundaries. Street improvements to include two travel lanes and one continuous through turn lane from Tract 9786 to 50 feet east of its intersection with Street "Q." b. Street "A" - Ultimate right-of-way for Street "A"to commuter rural standards shall be dedicated to the City from its intersection with San Juan Creek Road to the southern tract boundary. Improvements shall be in accordance with Section 9-4.103 of the Municipal Code. Said improvements shall be installed from San Juan Creek Road to 50 feet southerly of its intersection with Street "H•„ 11. Private Streets - The private streets shall be designed an constructed in accordance with Section 9-4.103 of the Municipal Code. -4- 12. Ge clinical Stud - A geotesical feasibility study shall e completed to determine the seismic safety and soils stability of all proposed grading and development within the project. This shall include the fill material located within the San Juan Creek Flood Plain Area which has not been certified for compaction. The report shall be reviewed and approved by the Building Official prior to approval of a final map. Development of all areas in the Tract consistent with the CDP shall be subject to any remedial grading required by the Building Official as a result of the geotechnical study. 13. Otility Easements - All utility easements shall be identifieTd as public utilities (water, sewer, electrical, telephone, etc.) or storm drain. 14. Equestrian Trail - a. The equestrian trail crossing of Street "A" shall be relocated at a street intersection. b. Width of the equestrian trail shall be a minimum of 20 feet. C. Dedication and design of the equestrian trail shall be in accordance with Section 9-4.106 of the Municipal Code. Said standard improvements shall include restricted trail entries per the adopted Equestrian/Hiking Trail Design Manual at all street intersections. d. The grade separated crossing at San Juan Creek Road shall be designed to incorporate a low -flow pipe to transmit nuisance flows without impacting the tread for the trail. e. The following provisions shall be included within the CCBRs for the subdivision: (1) Provision for maintenance of all equestrian trails by the homeowners' association. (2) Provision requiring prior City approval of any amendment to the CCaRs that will, in any manner, affect the integrity of the equestrian trail system or its level of maintenance. (3) Provision requiring that all tract maintenance conform to the "Maintenance Standards" as per the City's adopted "Equestrian/Hiking Trail Design Manual. -5- . (4) Provision within .�CCSRs that gives the City the right assume maintenance of the equestrian trails if the City determines, after a duly noticed hearing, that the homeowners' association has not maintained the equestrian trail at the minimum standards per the adopted Equestrian/Hiking Trail Design -Manual. Further, if. the City assumes maintenance of the trail system, all costs, including administrative, shall become a lien on each residential lot within the subdivision. 15. Parcel 2 Access - Access to Parcel 2 shall be at e intersection of San Juan Creek Road and Street "Q." 16. San Diego Pi eline - The lot lines for parcels 210 - 212 s a be revised in such a manner that the San Diego Pipeline easement is not included within said lots. Furthermore, disclosure of the pipeline shall be provided as required by the City including statements in the CCSRs and Real Estate report. All manufactured slopes shall be located outside the pipeline easement. 17. Off -Site Im rovrent Participation - The applicant s a enter into a eve opment agreement to participate in the following off-site improvement projects in an amount equal to the subdivision's contribution to ultimate traffic volumes: a. Future traffic signalization of San Juan Creek Road and La Novia Avenue. b. Future widening of San Juan Creek Road to secondary standards between La Novia Avenue and Camino Santo Domingo. C. Future traffic signalization of La Novia Avenue at Calle Arroyo. 18. Off -Site Improvements - The applicant shall enter into an agreement with the City for the design and construction of the following off-site improvements: a. La Novia Avenue - Design and construct La Novia Avenue etween San Juan Creek Road and Calle Arroyo, including street section, bridge approach, and bridge to full secondary arterial standards. -6- L 40 San Juan Creek Road be on La Novia Avenue and Camino Santo Doming San Juan Creek Road between La Novia Avenue and Camino Santo Domingo shall be improved to provide a minimum of two through travel lanes and a continuous left -turn lane. Improvement plans shall be submitted for this road segment improvement for review and approval as to design to the City Engineer. Said agreement shall provide for methods of funding the project and timing of improvements in relationship to development or occupancy within the Tract. 19. Drain e - The applicant shall satisfy the fol owing conditions regarding drainage: a. The applicant shall submit a final grading plan and hydrology calculations prepared by a registered civil engineer with submittal of street improvement plans and/or final map. The extent of topography of the grading plan shall be sufficient to determine drainage impacts to adjacent properties. b. The applicant shall furnish a storm run-off study showing existing and proposed facilities and the method of draining the area of the subdivision and any tributary areas without exceeding the capacity of any on-site or off-site street. C. Drainage `facilities shall be provided with necessary easement, where required. All facilities shall be designed in accordance with the Master Plan of Drainage and Municipal Code standards. d. Any connections to City storm drains from private on-site drains shall be approved by the City Engineer. A recorded hold -harmless agreement is required for private storm drain connections to City facilities. e. Private on-site storm drains shall be maintained by the homeowners' association. f. All work done within the Orange County Flood Control District easement shall be designed in accordance with the ultimately reviewed adopted San Juan Creek Specific Plan under permits from said agency. The developer shall recognize that the ultimate design standards for San Juan Creek may require adjustments to the development portion of Parcels 1 and 2. -7- 20. S t Lights - The applicar.40hall furnish and install mercury vapor street lights with Mission Bell fixtures on Marbelite poles per City standards. The applicant shall pay applicable advanced energy fees. 21. Soils Subsidence Insurance - The applicant shall participate in a program to ensure against damage from soils subsidence. Prior to issuance of a grading permit for the subdivision, the applicant shall enter into a program of soils subsidence insurance as established by the City. 22. Arborculturalist - The landscape plan shall be reviewed y an arborculturalist to evaluate the survival and maintenance of trees and shrubs upon maturity. A report shall be submitted to the Director of Community Planning and Development with findings and recommendations. The Director may use that report to modify the approved landscape plan. 23. Open Space Easements - Open space conservation easements over Lots B and C shall be dedicated to the City of San Juan Capistrano. 24. Construction Access and Phasing - The developer, prior to issuance of any permits, shall submit a haul route, construction access and phasing program to the Director of Community Planning and Development for review and approval. Said plan shall depict the extent of grading and public improvements which are to be constructed for each separate phase of development. Furthermore, the developer shall provide and utilize a separate haul route and construction access road other than San Juan Creek Road. 25. Access Easement - Paseo Riobo - The Tentative Tract Map shall e revised to provide for widening of the Paseo Riobo Road easement in areas where it is less than 20 -foot wide in order to maintain it as a continuous 20 -foot easement adjacent to the Tract. -8- 26. Fe - All required fees shaobe paid prior to approval of a final map. PASSED, APPROVED AND ADOPTED this 17th day of June , 1986 ` �_ goy KENNETH E. RIESS, MAYOR ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 86-6-17-4, adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 17th day of June 1 1986 , by the following vote: AYES: Councilmen Buchheim, Hausdorfer, and Mayor Friess NOES: None ABSENT: Counciimeir Schwartze and Bland. (SEAL) (�A6f� 2 9 = MARY OVER, C TY C RR -9- ! • • 3. 4. EK Written Commun attons: Report dated Ju 7, Development, forwa ding the five basic eleme s u5es; circulation; utility reconfirmation ofCounc Specific Plan; and, initiat 1987, from thy the San Juan C of the Plan, wl s; and, a flood %s June, 1985, :o of a General Exhibits were on display and Sa a Pashalic features of the proposed P The Development advised that the Cit had n figure recommended by the County f ult rather the City supported use of a 36,0 c Director of Communi[y anning and ek Specific Plan. The re rt summarized :h included open spac treatments; land )tection plan. The eport recommended tion, which initi d the processing of a Ian Amendmen . s, Associaee Planner, discussed the major Direct of Community Planning and t ac pted the 42,000 cubic feet/second na 100 -year flood protection elevation, ilJic feet/second calculation. Joyce Hoffman, 35821 Beach Road,pis 1987, objecting to the preliminar 5;alig r property. initiation of General Plan Am dment: It was moved by Council n Hausdorfer, unanimously carried to re itiate a General I and Open Space/Copse ation Elements of foundation for adopti of the Specific Plan. It was move Councilman Hausdorfer, unanimously rried to reinitiate considerati The Specific Plan and General Plan Amendr and Heritage Commission, the Parks and � Commission, the Traffic and Transports Commission for review and recommendation. Beach, read a letter dated July 7, for flood protection along their �conde by Councilman Buchheim and an Amen ent to change the Land Use the Gener\Specif establish a clear �conded bn Buchheim and of the drPlan. TION TO CONDITIONS OF APPROVAL -ere referred to theltural Arts tion Commission, th Equestrian Commission, and th Planning Written Communications: Report dated July 7, 1987, from the Director of Community Planning and Development, advising that Dividend Development Corporation had requested modification to conditions of approval for Tract 12633 to replace a grade -separated equestrian trail -crossing with a signalized crossing of San Juan Creek Road; to provide turning lanes only where needed on San Juan Creek Road; and, that in lieu of dedication of open space conservation easements, the City accept fee title to Lots B and C of Tract 12633. The report forwarded recommendations of approval from the Equestrian Commission and the Traffic and Transportation Commission. Approval of Modifications: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim that the following Resolution be adopted: -13- 7/7/87 M 4-4 RESOLUTION NO. 87-7-7-6, REAFFIRMING APPROVAL AND MODIFYING CONDITIONS - TENTATIVE TRACT 12633 DIVIDEND DEVELOPMENT CORPORATION - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REAFFIRMING APPROVAL AND MODIFYING CONDITIONS 23, 14d, AND 10a OF TENTATIVE TRACT 12633 (DIVIDEND DEVELOPMENT CORPORATION) The motion carried by the following vote: AYES: Councilmen Friess, Buchheim, Hausdorfer, and Mayor Bland NOES: None ABSENT: Councilman Schwartze 5. APPROVAL OF DEVELOPMENT AGREEMENT/FlOR GRADING AND ON Report dated J\il'nvol , from the D Development, at during deve. approximately 1,c yards of earth approval and exedevelopment a permits for projesuch major graCouncilman Friest at signing b construction traffic on the priv to road e t Road. Approval of Agreement: \ It was moved by Councilman Friess, unanimously carried to approve the Development Corporation. The Mayor the agreement on behalf of the City for/ DIRECTOR OF PUBLIC WORKS AL OF FINAL MAPS, 7RACTS I Written Commun ector of Community Planning and pment of the L ouague Ranch, could be moved. Flty policy requires eement prior tv, issuance of grading included t identify the prohibition of ension ae the end of San Juan Creek d by Councilman Buchheim and ment Agreement with Dividend Clerk were authorized to execute g to the Orange County Recorder. Report dated July 7, 987, from the D rector of Public Wor , advising that the Final Maps for Trac 13025, 13026, 130 7, 12633 and 131Ot had een reviewed and found to be in /3'With rmance with the S bdivision Map Act and ap oved Tentative Tract Map 126the exception of the conditions modified artier on the Agenda, all c9,is had been met and all bonds and fees submitted. The Dire or of Public Works advised �t the Water District had concernskegarding approva of the Final Maps and reque ed that the agreements not be forwarded to the R order until the Water District ad resolved their concerns. -14- 7/7/87 5. 0 a J RESO TION NO. 87-76 REAF MING APPROVAL AND - - MODIFYtNG CONDITIONS -,TENTATIVE TRACT 12633 DIVIDEND EVELOPMEI'T C PORATION -A RESOLUTION OF THE CI KCOUN L OF THE CITY OF SAN JUAN CAPISTRANO, LIFO A, REAFFIRMING APPROVAL AND MODIFYING CON 23, 14d, AND 10a OF TENTATIVE TRACT 12633 (DIVI EVELOPMENT CORPORATION) The motion carried Vthe AYES:Councilmen Fri ss, Buchheim, Hausdorfer, and Mayor BlArd N S: None / ABSENT: Councilman Sc /rtze FOR GRADING Written Communications: Report dated July 7, 1987, from the Director of Community Planning and Development, advising that during development of the Lacouague Ranch, approximately 1,500,000 cubic yards of earth would be moved. City policy requires approval and execution of a development agreement prior to issuance of grading permits for projects involving such major grading. Councilman Friess requested that signing be included to identify the prohibition of construction traffic on the private road extension at the end of San Juan Creek Road. Approval of Agreement: It was moved by Councilman Friess, seconded by Councilman Buchheim and unanimously carried to approve the Development Agreement with Dividend Development Corporation. The Mayor and City Clerk were authorized to execute the agreement on behalf of the City for forwarding to the Orange County Recorder. L MAPS, T Written Communications: / Report dated July 7, 1987, o the D,rector of Public Works, advising that the Final Maps for Tracts 13025, 1 6, 13027, 12633 and 13101 had been reviewed and found to be in conformance wit t Subdivision Map Act and approved Tentative Tract Map 12633. With the,,, 'e ceptio�pf the conditions modified earlier on the Agenda, all conditions had been et and al bands and fees submitted. The Director of Pub ' Works vised that the Wat District had concerns regarding approval of the $'nal Maps an requested that the ag ments not be forwarded to the Recorder uti2il the Water istrict had resolved their colrserns. -14- 7/7/87 9 0 AGENDA ITEM July 7, 1987 TO: Stephen B. Julian, City Manager FROM: Thomas G. Merrell, Director Community Planning and Development SUBJECT: The Lacouague Ranch - Development Agreement for Grading and On -Site Improvements - Tentative Tract 12633 (Tracts 12633, 13025, 13026, 13027 and Lot A and Parcels 1 and 2) SITUATION A. Project Proponents Mr. James Omsberg Dividend Development Corp. 3252 Holiday Court Suite 205 La Jolla, CA 92037 Mr. Aram Keith The Keith Companies 2900-B Bristol Street Costa Mesa, CA 92626 Mr. Frederick Zeiser L esV,4"- G 11 51 'tiryeet RtooC. Trvi. , (-A 9111 SaL n (!.SAY1Ic.R C4 p. Mr. Roger Mobley 941.24 ``c The Keith Companies 2900-B Bristol Street Costa Mesa, CA 92626 B. Summary and Recommendation - The developer, Dividend Development Corporation, proposes to move approximately 1,500,000 cubic yards of earth. Due to the terrain, existing buildings in the path of construction, and the extent of orange groves a fill staging area is necessary for efficient and expeditious earthwork operations. The Developer has proposed to use Parcels 1 and 2 of Tentative Tract 12633 for this staging area. These parcels lie between the San Juan Creek Road extension and San Juan Creek. The Developer is also required to provide the City with a usable site (Lot A) for a future park; this will require importing approximately 33,000 cubic yards of earth for filling the site. This work would be accomplished in coordination with the channel improvements. The City's Municipal Code Section 8-5.10 (a) specifies that the permits required by the provisions of Chapter 5 Grading shall not be issued unless the permittee shall first post with the Building Official a bond executed by the owner and a corporate surety, authorized to do business in the State as a surety, in an amount sufficient to cover the cost of the project, including the construction of drainage and protective devices and any corrective work necessary to remove and eliminate engineering and geological hazards. In addition to the project bond, an additional bond of $33,000 will be posted to cover the importing of the earth fill for the park site. Such bonds shall be in a form prescribed by the Building Official or approved by the City Attorney. The City's policy requires that developers of a project involving major grading such as this one execute a formal development agreement with the City and that said agreement be approved by the City Council prior to issuance of grading permits for the project. Agenda Item -2- July 7, 1987 A Development Agreement is the instrument which describes, in detail, the work which is covered by the grading permit, the design documents which illustrate the extent of the work, the geological investigation reports which substantiate the design, the conditions under which the grading permit is issued, the amount of the required bond, and any other pertinent conditions relative to the work and/or the surety bond. This Development Agreement was approved by the City Attorney and has been executed by an authorized officer of Dividend Development Corp. Staff recommends the City Council accept the agreement and authorize the Mayor to sign on behalf of the City. C. Background - In 1986, the City Council approved Tentative Tract Map 12633 for development of the Lacouague Ranch. In April, 1987, The Keith Companies, on behalf of the Developer, filed grading plans and geotechnical reports and made application for grading and on-site improvement permits. The plans and reports have been reviewed by the Planning and Development Services Divisions to verify compliance with all applicable codes and conditions of approval. D. Staff Findings 1. Code Conformance - The reviews of the developer's documents revealed that the documents are in conformance with all applicable codes and comply with the conditions of approval. 2. Key Issues - The Development Agreement addressess several areas of particular concern. These issues and a brief description of each are stated below: 1) Permit Issuance - Grading Permit 681-G would be issued after City Council approval of the Development Agreement and the Final Tract Map and after the Developer has posted the required bonds and has secured clearances from all other City agencies. 2) Quantity of Earthwork - The grading operations which will occur within Tentative Tract 12633 will include approximately 70,000 cubic yards of import for filling Lot A and Parcel 1 for future channel improvements and staging area for San Juan Creek Road construction. Total expected quantity of earthwork is 1,541,050 cubic yards of excavation and compacted fill. Agenda Item -3- July 7, 1987 3) Phases of Construction -The grading operation will be De suspencea during, the rainy season IVCTODer 17 tnrougn Apru 15), unless specifically approved otherwise by the Director of Community Planning and Development in accordance with the Municipal Code. The grading improvements on Lot A will be accomplished at the time of channel improvements. 4) Sequence of Operations - The Developer has applied to the City for a tree removal permit and a demolition permit. The proposal is to remove the orange grove trees and demolish the buildings in the path of construction prior to issuance of the grading permit. Grading operations will begin, generally, in the westerly corner along San Juan Creek Road extension and proceed easterly and southerly along the lower slopes, as well as working from the bottom to the top of the slopes. Initial work to ensure slope stability will consist of the installation of shear keys and buttress fills. Also, grading will occur in some areas on the up-slope side of the shear keys to remove the overburden soil and reduce the surcharge. This may result in a visual "checker -board" during the grading operation. As indicated in paragraph B above, grading operations will require multiple handling of earth. Some cut material will be placed in the fill staging area, as necessary, and then be transported to the permanent fill location once that area has been prepared to receive fill. Bi -weekly reports will be filed by the supervising civil and soils engineers during all grading operations, and daily inspections will be conducted by the Field Services Section of Community Planning and Development. A special inspector, employed by the City and paid for by the developer, shall observe on-going daily work under the direction of Development Services Administrator. Following tree removal and demolition, final rough grading and construction of the building pads and streets will occur for the model complex, after which the same operation will occur for the building pads for the initial units of single-family and multi- family homes. Grading and necessary work on Lot A and Parcel 1 for preparation to receive required channel improvements shall be constructed after approval of channel improvement design and in coordination with Public Works Department. 0 0 Agenda Item -4- July 7, 1987 5) Erosion Control - Because all of the grading and landscaping operations cannot be completed prior to the start of the rainy season (October 15, 1987), extensive attention has been devoted to preventing and controlling erosion in all areas where grading or grubbing work will have taken place. An erosion -control plan is being prepared and will be submitted to the City for approval no later than August 1, 1987. 6) Access - Construction traffic and grading equipment traffic will take access only through the Rancho Mission Viejo property. 7) Building Construction - Building permits for buildings shall not be issued until after rough grade approval and final tract maps have been recorded. COMMISSION/BOARD REVIEW, RECOMMENDATION Not applicable to Development Agreements. FINANCIAL CONSIDERATIONS None. ALTERNATE ACTIONS 1. Accept the attached Development Agreement and direct that it be executed and recorded. 2. Accept the attached Development Agreement with modifications. 3. Request further information. RECOMMENDATION By motion, accept the attached Development Agreement, authorize that it be executed by the Mayor, and direct that it be recorded by the City Clerk. Respectfully submitted, Thomas G. Merrell, Director Community Planning and Development TGM:ALC:ms Attachments • RECORDING REQUESTED BY AND WHEN RECORDED MAIL RETURN TO City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 DEVELOPMENT AGREEMENT THIS AGREEMENT is made by and between the CITY OF SAN JUAN CAPISTRANO, a municipal corporation, hereinafter referred to as the "City" and DIVIDEND DEVELOPMENT CORP., a California corporation, referred to as "Developer". WITNESSETH Whereas, City will issue Grading Permit No. 681G to Developer to construct certain designated improvements, more particularly described in Exhibit "A" attached and incorporated herein by reference, which said improvements constitute a portion of that real property described as Tentative Tract Map No. 12633, at the location of 28682 San Juan Creek Road, commonly referred to as Lacouague Ranch. Whereas, San Juan Capistrano Municipal Code 8-5.10(a) requires the posting of financial security to secure the faithful performance and labor and materials for the grading and installation of improvements connected with the issuance of grading permits; NOW, THEREFORE, in consideration of the premises and promises hereinafter contained, City and Developer agree as follows: 1. Developer's Improvements Obii�ations. Developer shall, at its sole cost and expense, provide and furnish all labor, materials and equipment for the installation of improvements set forth in Exhibit "A". Except for the plans referred to in Item 5, the grading permit and precise grading plans and landscaping and irrigation plans which further define the improvements in Exhibit "A" are on file in the office of the City's Building Official, and all documents referenced in Exhibit "A" are incorporated herein by reference. 2. Develo er's Security. Developer shall provide two (2) bonds by a duly authorized corporate surety ies), subject to the approval of the City's City Attorney, to secure Developer's improvement obligations required under this agreement. The amount of Bond No. 1 shall be $1,619,993 for that work within Tracts 12633, 13025, 13026 and 13027 excluding Lot A and Parcels 1 and 2. The amount of Bond No. 2 shall be $33,000 for that work within Lot A and Parcels 1 and 2 not including channel improvements within San Juan Creek. The bonds shall provide that the Surety shall pay attorney's fees incurred by the City in enforcing the development agreement and Surety Bonds. A draft copy of the bonds, as approved by the City Attorney, are attached as Exhibit "C" and "C-1". 3. Completion of Improvements. To ensure the protection of the public safety, health and welfare, Developer shall construct the improvements described in Items 1, 2, 3, 4, and 5 in Exhibit "A" in accordance with the following schedule and conditions: 0 0 (A) The grading for this project shall be in substantial conformance to the grading concepts of Tentative Tract Map No. 12633 as approved by City Council Resolution No. 86-6-17-4, attached as Exhibit "B", and in strict conformance with the grading plans and related documents as described in Exhibit "A" and Grading Permit No. 681-G. (B) The supervising civil engineer and soils engineer shall file biweekly progress reports of all grading operations with the Building Official. An interim compaction report, for that work completed at the time work is suspended for the rainy season (see F below), shall be filed with the Building Official. This interim report shall conform to the grading code requirements for Final Compaction Reports. (C) A sequence plan of grading operations shall be approved by the Director of Community Planning and Development prior to the issuance of any grading permit for this project. Any variation or deviation in the sequence of operations must be recommended, in writing, by the supervising civil and soils engineers and approved by the Building Official prior to performing any work related to the variation or deviation. (D) A building construction phasing plan shall be submitted for review by Development Services Division no later than September 1, 1987. Said plan must be approved prior to issuance of any building permits for any structures within the boundaries of this project. (E) Grading operations described in Items 1 and 2 of Exhibit "A" shall commence within fourteen (14) calendar days after issuance of Grading Permit No. 681G and no later than July 15, 1987, whichever comes first. (F) Unless otherwise approved by the Director of Community Planning and Development prior to September 1, 1987 (see G below for conditions of submittal), all grading operations (including buttress/ stabilization operations) shall be completed or suspended no later than October 1, 1987. and approved erosion -control measures shall be in place from October 15, 1987 through April 15, 1987. In no case shall buttress cuts, shear key slots and slide planes be permitted to be exposed during the rainy season unless specifically approved, in writing, by the Director of Community Planning and Development prior to October 1, 1987. The Development Services Administrator may restrict any buttress/ stabilization operations in any area if in his opinion the required buttress fill will not be in place and properly compacted in accordance with specifications prior to October 15, 1987. (G) The Director of Community Planning and Development may, upon written application from the Developer, approve the completion of work which is in progress on October 15, 1987, if such work can be adequately protected from erosion during the completion of said work. In the event Developer wishes to request permission to perform grading operations during the winter season, he shall submit said request and a dynamic -erosion -control plan to the Director of Community Planning and Development prior to August 1, 1987. The erosion control plan shall reflect proposed erosion mitigation measures for expected grading conditions as the work progresses through the winter season. Failure to submit required plans and request by stipulated dates shall preclude approval of winter grading. In the event winter grading is not approved, static -erosion -control plans reflecting current conditions of grading shall be submitted prior to August 1, 1987 to the Director of Community Planning and Development for approval no later than September 1, 1987. These plans shall include erosion -control planting as required by the Director of Community Planning and Development. (H) Grading operations suspended during the rainy season shall be resumed no later than April 30, 1988. (1) Installation of Final Erosion -Control Landscaping and Irrigation, as required by City Council Resolution 86-6-17-4, Conditions of Approval, shall be commenced within seven (7) calendar days after Rough Grade Certification has been approved by the Development Services Administrator, or at any time at the discretion of the Director of Community Planning and Development. Street trees and non -erosion -control landscaping shall be installed in accordance with City Council Resolution 86-6-17-4, Item No. 6.b. (J) Except as specified in (F) above, suspension in excess of ten (10) working days, of work authorized by Grading Permit 681-G, including erosion -control measures, landscaping and irrigation, shall constitute default of this agreement. (K) All work shall be performed in strict observance of the Hours of Operation in accordance with San Juan Capistrano Municipal Code Sec. 8-5.11 attached as Exhibit "C". (L) All work described in Items 1, 2, 3, and 4 in Exhibit "A" for which Grading Permit No. 681-G is issued shall be completed no later than January 1, 1988 if winter grading is approved or June 15, 1988 if winter grading is not approved. (M) Grading operations and improvements (except planting and irrigation systems) on those open space lands, as described in Item 1 Exhibit "A", shall be in accordance with those plans referenced in (A) above. Plans for the landscaping and irrigation system(s) on open space lands shall conform to the requirements of Exhibit "A", Item 4. (N) Developer shall employ a special inspector for grading operations in accordance with Uniform Building Code Section 306 (a) (11) and (12) (b) and (c). Said special inspector and a schedule for need of services shall be approved by the Development Services Administrator prior to the required pre -grade meeting. (0) Construction and grading equipment traffic shall take access through Rancho Mission Viejo only. (P) Grading plans for that portion of Parcels 1 and 2 and Lot A lying northerly of San Juan Creek Road and southerly of the ultimate San Juan Creek channel improvements shall be submitted to the Department of Community Planning and Development for approval. Approval of these plans and issuance of necessary grading permits for that work is required prior to issuance of any building permits. These plans must reflect grading coordinated with approved channel improvement plans for San Juan Creek. All work shown on these plans and the channel improvement plans must be complete prior to issuance of any Certificate of Occupancy for buildings within Tracts 12633, 13025, 13026 and 13027. 4. Soils Subsidence Program. Prior to the issuance of the grading permit, Developer shall enter into a program of soil subsidence protection as established by City. 5. Developer Default. In the event Developer does not complete the required improvements, including erosion -control measures landscaping and irrigation, within the time required, or abandons the project site, or suspends work other than previously prescribed, City shall have the right to immediately declare a default and to make demand on the surety for performance. 6. Attorney's Fees. Developer agrees to pay City such sum as the court may adjudge as reasonable for the legal services of an attorney representing City in an action brought to enforce or interpret the obligations of this agreement, and such sum shall be made a part of any judgment in such action against Developer if such action is determined in favor of said City. 7. Developer's Work in Safe Condition. Developer shall perform all work in a safe, workmanlike manner and shall take such precautions as may be necessary to warn and protect the public from any dangerous condition caused by the construction of said improvements. 8. Liability. Developer shall hold City, its officers and employees harmless from any and all claims, demands, causes of action, liability or loss of any sort because of, or arising out of, the acts or omissions of Developer, his contractor, subcontractors, agents or employees in the performance of this agreement. 0 In Witness Whereof, the parties have executed this agreement as of 1987, at San Juan Capistrano, California. Dividend Development Corp. By: City of San Juan Capistrano By: Title: Title: Approved as to Form: Attest., Mary Ann Hanover City Clerk EXHIBIT "A" (Dividend Development Corp.) Item 1: Construction of all on-site grading (cut, fill, and slope stabilization) operations in accordance with Grading Permit 681-G and the Developer's plans and supporting documents as listed below: (A) Grading Plan Tracts 12633, 13025, 13026, 13027, sheets 1 through 8 of 8, prepared by The Keith Companies, and approved by the City for permit issuance. (B) Sequence Grading Plan prepared by Developer and approved by the City for permit issuance. (C) Grading Plan for portions of Parcels 1 and 2 and Lot A to be submitted to the Director of Community Planning and Development prior to issuance of any building permits for Tracts 12633, 13025, 13026 and 13027. (D) Supporting Documents as follows: 1. Preliminary Geotechnical Investigation, prepared by Leighton and Associates, dated March 14, 1986. 2. Hydrology and Storm Drain Hydraulics prepared by The Keith Companies dated March 4, 1987. 3. Geotechnical Investigation and Grading Plan Review Report prepared by Zeiser Geotechnical, Inc. dated April 17, 1987. Item 2: Construction of all on-site improvements in accordance with Grading Permit No. 681-G and Developer's grading plans referenced in Item 1 above, including but not limited to: retaining walls, terrace drains, down drains, subdrains, area drainage systems and private storm drain systems not a part of Developer's Improvement Plans filed with Public Works Department of the City for Tentative Tract No. 12633. Item 3: Construction of all erosion -control devices, including any erosion control planting, in accordance Developer's Erosion -Control plans as approved by City. Item 4: Construction and placement of on-site and open -space planting, both erosion -control landscaping and permanent aesthetic landscaping in accordance with approved plans (to be submitted to the Director of Community Planning and Development prior to September 1, 1987) and City Council Resolution No. 86-6-17-4 Conditions of Approval (see Exhibit "B"). Item 5: Construction of all on-site grading (including cut and fill) on Lot A and Parcels I and 2 in accordance with Channel Improvement Plans as approved by City. 0 15( RESOLUTION NO. 86-6-17-4 TENTATIVE TRACT 12663 (LACOUAGUEIRIVENDELL) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 12663 (LACOUAGUEIRIVENDELL) WHEREAS, the applicant, Rivendell Management Group, Ltd., 10318 - 62 Avenue, Suite 300, Edmonton, Alberta, Canada, T6E 1Z8, has submitted Tentative Tract Map 12663 proposing to subdivide approximately 263 acres of land into 232 residential lots and 6 lots for open space, park, and recreational land use, located on Assessor's Parcels Nos. 124-223-38 and 124-223-39; and, WHEREAS, the City's Environmental Review Board has determined that the proposed project will have a significant effect on the environment, has required the preparation of an Environmental Impact Report, which report has been certified as final by the City Council per Resolution No. 86-6-17-2 and has otherwise carried out all requirements of the California Environmental Quality Act; and, WHEREAS, the City Planning Commission has forwarded the tentative tract map to the City Council recommending approval; and, WHEREAS, a public hearing has been duly advertised and held to review and receive public testimony on the application; and, WHEREAS, the City Council of the City of San Juan Capistrano finds and determines as follows: 1. The proposed project, as conditioned, and its design and improvements are consistent with the 2.0 General Open Space and 1.1 Very Low Density Residential designation on the General Plan Map and is otherwise consistent with all other elements of the General Plan, including: Provision for an equestrian trail and bicycle trail that traverse the property in accordance with the Parks and Recreation Element; b. Provis:cn of a public park, tennis, and equestrian facilities for outdoor recreation opportunities as per the Open Space and Conservation Element; -1- EXHIBIT B 00. cProvision for improv• nts and dedication, cf 1 V ultimate right-of-way for San Juan Creek Rcad and Avenida Siega as per the Circulation Element; d. Provision for a multi -phase testing program for CA -ORA 243 in accordance with the Historic/Archaeological Element; and, e. Clustering of residential densities in more cen.tler portions of the property that will reduce the amount of landform alteration, as well as resulting in additional open areas in higher elevations adjacent to designated General Plan ridgelines consistent with the Land Use and Community Design Elements. 2. The proposed project, as conditioned, conforms to all applicable requirements of Title 9 of the City's Municipal Code (Land Use) and is consistent with the approved residential concept plan Growth Management 86-1. 3. The project site is physically suitable for the type and density of the proposed development. 4. The design and improvements of the proposed project will not cause substantial environmental damage, nor will said design or improvements avoidably injure wildlife or their habitat. 5. The design or improvements of the proposed project will not cause serious public health problems. 6. The design or improvements of the proposed project will not conflict with easements acquired by the public at large for access through or use of property within the proposed project. 7. The design or improvements of the proposed project will not interfere with the maintenance or preservation of an historical site as conditioned. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby approve Tentative Tract Map 12663, subject to the following conditions: 1. Home Warranty - The provisions of Chapter 8-6 of the Municipal Code (Home Warranty Ordinance) shall apply to any person, firm, or corporation selling or offering for sale within the project three or more dwelling units --not previously occupied for residential purposes --during any 1.2 -month period. -2- •CC&R's - A set of conditions, covenants, and 16 restrictions (CC6Rs) shall be prepared and implemented for the project. The CC6Rs shall include at a minimum: a. Provisions on the use and maintenance by the owners' association of recreation areas, other cornon areas, equestrian trails, and slopes. b. Provisions regulating parking and traffic control on private streets. The CC6Rs shall be approved by the Director of Community Planning and Development prior to approval of a final map. 3. Grading Plan - A preliminary grading plan for the project shall be approved by the Planning Commission prior to approval of a final map. 4. Architecture - Architectural elevations shall be approved by the Planning Commission prior to approval of a final map. Landscape and Wall Plans - Landscape, street tree, and fence/wall plans shall be prepared and implemented for the entire project. Preliminary landscaping, street tree, and fence/wall plans, including the landscape buffer adjacent to Paseo Riobo, shall be approved by the Planning Commission prior to approval of a final map. Following such plan approval, final working drawings shall be approved by the Director of Community Planning and Development. 6. Landsca in Installation - Landscaping shall be insta led as fo1!3 ows: a. Erosion -control landscaping for all manufactured slopes shall be installed immediately after the certification of rough grading by the City. b. Street trees and all other non -erosion - control landscaping shall be installed in accordance with a landscape phasing plan approved by the Director of Community Planning and Development. No final building inspection shall be conducted for any dwelling unit within a given phase until all landscaping has been installed for that phase and approved by the Department of Community Planning and Development. -3- 6 27. �andscaoe Maintenance bean intenance Easements - The developer shall be responsible for adequately installing and maintaining all landscaping until such maintenance may be assumed by the homeowners' association. An open space maintenance easement shall be created over all ma3or slopes that are within residential lots. Landscaping on said slopes shall be maintained by the homeowners' association. B. Street Names - Street names shall be approved by the Director of Community Planning and Development prior to approval of a final map. 9. Vehicular Access Rights - Vehicular access rights to Sar. Juan Creek Road, Avenida Siega, and Street "A" shall be released and relinquished to the City, except at street intersections. 10. Public Streets - The following public streets shall be designed, constructed, and dedicated in accordance with Section 9-4.103 of the Municipal Code: San Juan Creek Road - Ultimate right-of-way to secondary standards shall be dedicated to the City from its present terminus at Tract 9786 (Hidden Mountain) to the easterly tract boundaries. Street improvements to include two travel lanes and one continuous through turn lane from Tract 9786 to 50 feet east of its intersection with Street "Q." b. Street "A" - Ultimate right-of-way for Street "A" to commuter rural standards shall be dedicated to the City from its intersection with San Juan Creek Road to the southern tract boundary. Improvements shall be in accordance with Section 9-4.103 of the Municipal Code. Said improvements shall be installed from San Juan Creek Road to 50 feet southerly of its intersection with Street "H." 11. Private Streets - The private streets shall be designed and constructed in accordance with Section 9-4.103 of the Municipal Code. -4- 12. *Geotechnical Study - A gefo echnical feasibility 6 study shall be completed to determine the seismic safety and soils stability of all proposed grading and development within the project. This shall include the fill material located within the San Juan Creek Flood Plain Area which has not been certified for compaction. The report shall be reviewed and approved by the Building Official prior to approval of a final map. Development of all areas in the Tract consistent with the CDP shall be subject to any remedial grading required by the Building Official as a result of the geotechnical study. 13.Utility Easements - All utility easements shall be identified as public utilities (water, sewer, electrical, telephone, etc.) or storm drain. 14. Equestrian Trail - The equestrian trail crossing of Street "A" shall be relocated at a street intersection. b. Width of the equestrian trail shall be a minimum of 20 feet. Dedication and design of the equestrian trail shall be in accordance with Section 9-4.106 of the Municipal Code. Said standard improvements shall include restricted trail entries per the adopted Equestrian/Hiking Trail Design Manual at all street intersections. d. The grade separated crossing at San Juan Creek Road shall be designed to incorporate low -flow pipe to transmit nuisance flows without impacting the tread for the trail. e. The following provisions shall be included within the CCSRs for the subdivision: (1) Provision for maintenance of all equestrian trails by the homeowners' association. (2) Provision requiring prior City approval of any amendment to the CCSRs that will, in any manner, affect the integrity of the equestrian trail system or its level of maintenance. (3) Provision requiring that all tract maintenance conform to the "Maintenance Standards" as per the City's adopted "Equestrian/Hiking Trail Design Manual. -5- 64 • (4) Provision withi•he CC&Rs that gives the City the right to assume maintenance of the equestrian trails if the City determines, after a duly noticed hearing, that the homeowners' association has not maintained the equestrian trail at the minimum standards per the adopted Equestrian/Hiking Trail Design Manual. Further, if the City assumes maintenance of the trail system, all costs, including administrative, shall become a lien on each residential lot within the subdivision. 15. Parcel 2 Access - Access to Parcel 2 shall be at the intersection of San Juan Creek Road and Street ,IQIs 16. San Diego Pipeline - The lot lines for parcels 210 - 212 shall be revised in such a manner that the San Diego Pipeline easement is not included within said lots. Furthermore, disclosure of the pipeline shall be provided as required by the City including statements in the CC&Rs and Real Estate report. All manufactured slopes shall be located outside the pipeline easement. 17. Off -Site Im rovement Partici ation - The applicant shall enter into a evelopmen.t agreement to participate in the following off-site improvement projects in an amount equal to the subdivision's contribution to ultimate traffic volumes: a. Future traffic signalization of San Juan Creek Road and La Novia Avenue. b. Future widening of San Juan Creek Road to secondary standards between La Novia Avenue and Camino Santo Domingo. C. Future traffic signalization of La Novia Avenue at Calle Arroyo. 18. Off -Site Improvements - The applicant shall enter into an agreement with the City for the design and construction of the following off-site improvements: a. La Novia Avenue - Design and construct La Novia Avenue between San Juan Creek Road and Calle Arroyo, including street section, bridge approach, and bridge to full secondary arterial standards. -6- 19. .J . Creek Road 0 we - San Juan 16 Avenue Road between La Novia Avenue and Camino Santo Domingo shall be improved to provide a minimum of two through travel lanes and a continuous left -turn lane. Improvement plans shall be submitted for this road segment improvement for review and approval as to design to the City Engineer. Said agreement shall provide for methods of funding the project and timing of improvements in relationship to development or occupancy within the Tract. Drainage - The applicant shall satisfy the following conditions regarding drainage: The applicant shall submit a final grading plan and hydrology calculations prepared by registered civil engineer with submittal of street improvement plans and/or final map. The extent of topography of the grading plan shall be sufficient to determine drainage impacts to adjacent properties. b. The applicant shall furnish a storm run-off study showing existing and proposed facilities and the method of draining the area of the subdivision and any tributary areas without exceeding the capacity of any on-site or off-site street. C. Drainage facilities shall be provided with necessary easement, where required. All facilities shall be designed in accordance with the Master Plan of Drainage and Municipal Code standards. d. Any connections to City storm drains from private on-site drains shall be approved by the City Engineer. A recorded hold -harmless agreement is required for private storm drain connections to City facilities. e. Private on-site storm drains shall be maintained by the homeowners' association. f. All work done within the Orange County Flood Control District easement shall be designed in accordance with the ultimately reviewed adopted San Juan Creek Specific Plan under permits from said agency. The developer shall recognize that the ultimate design standards for San Juan Creek may require adjustments to the development portion of Parcels 1 and 2. -7- 1616 b Z0. Wreet Lights - The applicc shall furnish and install mercury vapor street lights with Mission Bell fixtures on Marbelite poles per City standards. The applicant shall pay applicable advanced energy fees. 21. Soils Subsidence Insurance - The applicant shall participate in a program to ensure against damage from soils subsidence. Prior to issuance of a grading permit for the subdivision, the applicant shall enter into a program of soils subsidence insurance as established by the City. 22. Arborculturalist - The landscape plan shall be reviewed by an arborculturalist to evaluate the survival and maintenance of trees and shrubs upon maturity. A report shall be submitted to the Director of Community Planning and Development with findings and recommendations. The Director may use that report to modify the approved landscape plan. 23. Open Space Easements - Open space conservation easements over Lots B and C shall be dedicated to the City of San Juan Capistrano. 24. Construction Access and Phasing - The developer, prior to issuance of -any permits, shall submit a haul route, construction access and phasing program to the Director of Community Planning and Development for review and approval. Said plan shall depict the extent of grading and public improvements which are to be constructed for each separate phase of development. Furthermore, the developer shall provide and utilize a separate haul route and construction access road other than San Juan Creek Road. 25. Access Easement - Paseo Riobo - The Tentative Tract Map shall be revised to provide for widening of the Paseo Riobo Road easement in areas where it is less than 20 -foot wide in order to maintain it as a continuous 20 -foot easement adjacent to the Tract. -B- • 16 26. Fees - All required fees shall be paid prior to approval of a final map. PASSED, APPROVED AND ADOPTED this 17th day of June 1986 KENNETH E. RIESS, MAYOR ATTEST: ct CITY CLERK % STATE OF CALIFORNIA ) COUNTY OF ORANGE CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 86-6-17-4, adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 17th day of June f 1986 , by the following vote: AYES: CounciL;:en Buchheim, Hausdorfer, and Mayor Friess NOES: None ABSENT: COunciLmen Schwartze and Bland (SEAL) //��1 (SEAL) l �x "at- (/ ' X/i>Y" ib.='�.Qu MARY N H OVER, CITY CLERK -9- • PERFORMANCE BOM • DRAFT N0. 1 KNOW ALL MEN BY THESE PRESENTS: That Dividend Development Corporation as Principal, hereinafter called CONTRACTOR, and as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of one million six hundred nineteen thousand nine hundred ninety three 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 July 7, 1987 , entered into a (describe agreement) Developrent Agreement Exhibit A, items 1 thru 4, for grading and on-site improvements of property described as Tentative Tract NuTber 12633, located at 28682 San Juan Creek Road and ccnmonly referred to as The Lacouague Ranch. = which contract is by reference made a part hereof I - 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 rVVTM�M .. 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 modifi- cation of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. Executed this day of 19 , at California. PRINCIPAL APPROVED AS TO FORM. —(NOTARIZATION AND SEAL) i R. Shaw Attorney SURETY (NOTARIZATION AND SEAL) • PERFORMhNCE BONL NO. 2 KNOW ALL MEN BY THESE PRESENTS: DRAFT That Dividend Development Corporation , as Principal, hereinafter called CONTRACTOR, and as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of thirty three thousand 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 July 7, 1987 , entered into a (describe agreement) Development Agreement wi the City of San Juan Capistrano providing in part that Developer perform certain grading improvements relating to Lot A and Parcel 1 and 2 of Tentative Tract 12633 which are mor 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 judcment renderer.. 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modifi- cation of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. Executed this day of 19 at , California. PRINCIPAL APPROVED AS TO FORM. —(NOTARIZATION AND SEAL) rel Attorney SURETY (NOTARIZATION AND SEAL) MEMORANDUM TO: Memo to File FROM: Dawn M. Schanderl, Deputy City Clerk SUBJECT: TT 12633 (Dividend Development Corporation) This tract has been taken over by Warmington San Juan Associates. Bonds for Dividend Development have been released. Bonds have been provided by Warmington and are in the file.