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.
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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,
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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"'
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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
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3090 PULLMAN STREET. SUITL-A -COSTA MESA. CALIFORNIA 92626 TEL (714)557-5511 -FAX (714)641-9337 - hup rµ wu�caemmgmnhnmcs um
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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
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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
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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
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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
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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
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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.