Loading...
03-0603_WILLIAM LYON HOMES, INC._Subdivision Improvement Agreement + 4L RECORDING REQUESTED BY: City of San Juan Capistrano Recorded in Official Records, Orange County 32400 Paseo Adelanto Tom Daly, Clerk-Recorder San Juan Capistrano, CA 92675IIIIIIIIIOiIII!III!Illili!III!III!I!III!IIIIIiIi1, 11II!IIIIIIIIIIIIIIIINOFEE AND WHEN RECORDED, MAIL TO: 2004000932288 08.15am 10115104 117 92 Al2 20 Margaret R. Monahan, City Clerk 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 This Space for Recorder's Use Only Title of Document: �! SUBDIVISION IMPROVEMENT AGREEMENT TENTATIVE TRACT MAP 16221 (WILLIAM LYON HOMES, INC.) f r SD Recording Requested by and When Recorded Mail To: City of San Juan Capistrano Attention: City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Margaret R. Monahan, City Clerk City of San Juan Capistrano SUBDIVISION IMPROVEMENT AGREEMENT a SUBJECT: TENTATIVE TRACT MAP 16221 THIS AGREEMENT is between the CITY OF SAN JUAN CAPISTRANO, a municipal corporation, State of California, hereinafter referred to as "City" and WILLIAM LYON HOMES, INC., a California Corporation whose mailing address is 4490 Von Karman Avenue, Newport Beach, California 92660, hereinafter referred to as "Subdivider": WHEREAS, the tentative map application was conditionally approved by Resolution No. 03-06-03-01; and, WHEREAS, Subdivider is the owner of that certain parcel of land situated in the City of San Juan Capistrano, Orange County, generally described as Tentative Tract Map 16221 and Subdivider proposes to do and perform certain work of improvement thereon as hereinafter set forth; and WHEREAS, City desires to assure that said proposed improvements will be done in a good workmanlike manner and in accordance with the laws now in force and effect in the City of San Juan Capistrano, California, the terms and conditions of which are incorporated herein by reference; and WHEREAS, Subdivider declares that he is familiar with the pertinent regulations contained in the City Code and in the Subdivision Map Act (Government Code Sections 66410 to 66500) and agrees to comply therewith; and WHEREAS, a Final Map of said subdivision prepared in accordance with the City's Subdivision Ordinance, has been filed by Subdivider with City for approval by the City Council. NOW THEREFORE, in consideration of the approval and acceptance by the City Council of City of said Final Map and the acceptance of easements therein offered for dedication for street and other public purposes and the covenants herein contained, the parties hereto mutually covenant and agree as follows: 1. General Requirements: Subdivider shall comply with all the conditions of approval set fort in City Council Resolution No. 03-06-03-01 for Tentative Tract Map 16221 and shall, at his own cost and expense, provide all required tests, design work, equipment, materials and labor in order to complete all of the works of improvement (the "Works of Improvement"), set forth in Exhibit "A", to the satisfaction of the City Engineer. Such work of improvement shall include but not be limited to the undergrounding of the overhead utilities, the placement of curb markers at all proposed street catch basin inlet structures in accordance with the National Pollution Discharge Elimination System (NPDES) requirement and the construction of a new traffic signal and related street widening and appurtenant improvements on Rancho Viejo Road. Off-site Improvement Obligation and Participation. Prior to issuance of the first (1st) building permit, other than model homes, the applicant shall pay for the project's pro-rata share of traffic generated, as determined in the City-approved traffic study, for the following improvement. This financial participation shall be in addition to paying Capistrano Circulation Fee Program (CCFP) fees. The applicant's financial participation shall include right-of-way acquisition, design, and construction including, but not limited to, grading, streets, sidewalks, landscaping, retaining walls, drainage structures, utility relocation, and traffic signal improvements in accordance with the City's Master Plan of Streets and Highways Location: Rancho Viejo Road @ Ortega Highway: Financial Participation: 24.41% towards the construction of a second northbound left-turn lane on Rancho Viejo Road. Off-Site Circulation Improvement Construction Requirements (subject to partial financial reimbursement. Prior to issuance of the building permit indicated in the table below, for other than model homes, the applicant shall design and construct and be initially responsible for all the cost of the off-site improvements listed below to their ultimate standard configurations in accordance with the City's Master Plan of Streets and Highways and to 2 the satisfaction the City Engineer. All easements, right-of-way acquisitions, dedications and permits needed from any agency to accommodate said improvements listed below shall be obtained by the applicant, with City's assistance, at no initial cost to the City. Upon a written request from the applicant, the City will enter into a Partial Financial Compensation Agreement to partially repay the applicant from the Capistrano Circulation Fee Program (CCFP) over a period of time after the completion of the last improvement of the items listed below. The project's fair share contribution for each improvement shall be in accordance with the Transportation and Traffic section of the City approved Environmental Impact Report. The applicant shall provide performance bonds/securities for 100 percent of each estimated improvement cost as prepared by a Registered Civil Engineer and approved by the City Engineer and City Attorney. In addition, the applicant shall provide labor and materials bonds/securities for 100 percent of the above estimated improvement costs as determined by the City Engineer. Any deferral in the timing of this condition, due to unforeseen delays caused by outside regulatory agencies, shall be subject to review and approval by the City Engineer. Location Improvement Timing of Improvements a. Ortega Highway Construct an eastbound right-turn The applicant shall apply for @ 1-5 Southbound lane on Ortega Highway for traffic Caltrans encroachment permit Ramps movement from Ortega Highway within thirty (30) days following eastbound to 1-5 southbound. approval of any final map. Complete construction of improvements prior to issuance of the seventy-sixth (76`h) building permit. b. 1-5 Northbound Construct an additional The applicant shall apply for Off-Ramp @ northbound lane on the 1-5 Off- Caltrans encroachment permit Ortega Highway Ramp and re-stripe to provide within thirty (30) days following two right turn lanes. approval of the project's final map. Complete construction of improvements prior to issuance of the seventy-sixth (76`h) building permit. 3 r 1 r c. Ortega Highway Construct an eastbound right-turn Begin construction of @ Del Obispo lane on Ortega Highway for traffic improvements prior to the issuance Street: movements from Ortega of the first (15`) building permit. eastbound to Del Obispo Complete construction of southbound. improvements prior to issuance of the thirty-eighth (38'h) building permit. 2. Security: A. Subdivider shall, at all times beginning with the execution of this agreement, guarantee Subdivider's performance of this agreement by providing City with the following security instruments (the "Security Instruments"), as required by the State Subdivision Map Act, on forms approved by City for the purposes and in the amounts as follows: (i) A Faithful Performance Bond to ensure faithful performance of this agreement in regard to said improvements in the amount of 100% of the estimated cost of construction of the improvements; and (ii) A Labor and Materials Bond to secure payment to any contractor, subcontractor, persons renting equipment or furnishing labor or materials for the improvements required to be constructed or installed pursuant to this agreement in the additional amount of 100% of the estimated cost of construction of the improvements; and (iii) A Subdivision Monument Bond in the amount of 100% of the estimated cost of setting subdivision monuments as shown in Exhibit "A". B. In order to guarantee and warranty the Works of Improvement and in addition to the security instruments referenced in Paragraph 2(A) above, Subdivider shall provide to City the following Security Instruments: (i) Prior to the City's final acceptance of the Works of Improvement and recordation of a Notice of Completion, Subdivider shall provide to City a Warranty Bond for Works of Improvement warranting the accepted Works of Improvement for a period of one (1) year following said acceptance against any defective work or labor done or defective material furnished. The amount of such Warranty Bond for Works of Improvement shall be equal to twenty-five percent (25%) of the estimated construction cost set forth in 4 Exhibit "A", or a suitable amount determined by the City Engineer. (ii) Prior to the City's final acceptance of the landscape and irrigation Works of Improvement, Subdivider shall provide a Landscape and Irrigation Warranty Bond warranting the landscape and irrigation Works of Improvement for a period of (1) year following said acceptance against any defective work or labor done or defective material furnished for any reason other than improper maintenance. The amount of such Landscape and Irrigation Warranty Bond shall be equal to twenty percent (20%) of the landscape architect's estimated construction cost, or a suitable amount determined by the City Engineer. The Landscape and Irrigation Warranty Bond shall be held by the development's Homeowners' Association ("HOA). All Security Instruments required by this agreement, with the exception of the Landscape and Irrigation Warranty Bond, which is submitted to the development's HOA, shall be kept on file with the City Clerk. The terms of the Security Instruments required by this agreement are hereby incorporated in this agreement by reference. City shall release the Faithful Performance Bond upon Subdivider's written request following acceptance by City of the Works of Improvement and Subdivider's delivery to City of the Warranty Bond for Works of Improvement. City shall release the Labor and Materials Bond upon Subdivider's written request and following acceptance by City of the Works of Improvement and after expiration of the time within which lien claims are required to be made pursuant to Article 3 (commencing with Section 3114) of Chapter 2 of Title 15 of Part 4 of Division Third of the California Civil Code. If lien claims have been timely filed, City shall hold the Labor and Materials Bond until (a) such claims have been resolved, (b) Subdivider has provided a statutory bond, or© otherwise as required by applicable law. City Engineer shall release the Warranty Bond for Works of Improvement upon Subdivider's written request following the expiration of the warranty period, provided no claims are outstanding at that time regarding defective work. The release of the Landscape and Irrigation Warranty Bond held by the HOA will be determined by a separate agreement between the developer and the HOA. - 5 - 2.1 Form of Security Instruments. All Security Instruments shall meet the following minimum requirements and otherwise shall be in a form acceptable to the City Attorney: (i) Any insurance company acting as surety shall have a minimum rating of A-IX, as rated by the current edition of Best's Key Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858; any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's; (ii) Payments under the Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the County of Orange, State of California; (iii) Each of the Security Instruments shall have a minimum term of one (1) year after the deadline for Subdivider's completing the Works of Improvement, in accordance with paragraph 3 herein; (iv) The Security Instruments shall reference Subdivider's obligations under this Agreement, shall be irrevocable, and shall include as an additional obligation secured the responsibility to compensate City for all of the City's attorneys' fees and litigation expenses reasonably incurred enforcing its rights under the Security Instruments. 3. Time of Completion: All of the Works of Improvement shall be completed within twenty-four (24) months from the effective date of this Agreement. The time for completion may be extended by the City Engineer, in writing, for good cause shown by the Subdivider. Subdivider shall compensate the City for all costs reasonably incurred in having its authorized representatives perform the usual and customary engineering services during said extension as specified in Paragraph 19 below. In the event that Subdivider fails to complete the Works of Improvement within said period or any approved extension, the City may complete said work and shall be entitled to recover the full cost and expenses thereof from Subdivider, or his surety as herein provided. The City may require Subdivider, or his surety, to pay the City in advance, sufficient monies to cover the City's cost in completing construction of said Works of Improvement. 3.1 Force Majeure: Notwithstanding the provisions of paragraph 3 herein, Subdivider's time for completion of the Works of - 6 - Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikes, lockouts, acts or failures to act of a public agency (including City), required changes to the Scope of Work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than thirty (30) days prior to City's receipt of a written notice from Subdivider or its contractor detailing the grounds for Subdivider's claim to a right to extend its time for performance hereunder. 3.2 Continuous Work: After commencement of construction of the Works of Improvement (or separable portion thereof), Subdivider shall cause such work to be diligently pursued to completion, and shall not abandon the work for a consecutive period of more than thirty (30) days, events of force majeure excepted. 3.3 Reversion to Acreage: In addition to whatever other rights City may have due to Subdivider's failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Sections 66499.11-66499.20-314. In this regard, Subdivider agrees that if none of the Works of Improvement referenced herein have been made within the specified "Time of Completion" referenced in paragraph 3 above or within the time allowed herein, whichever is the later, and if City thereafter initiates proceedings to revert the Property to acreage, any improvements made by or on behalf of Subdivider after the date City initiates such action shall not be considered in determining City's authority to revert the Property to acreage. 4. Effective Date of Agreement: This Agreement shall not become effective unless and until the subdivision map has been approved by the City Council and also accepted for recordation by the County Recorder of the County of Orange. 5. Utility Deposits - Statement: Prior to the commencement of any work to be performed within the area delineated on the Final Map, the Subdivider must file a written statement with the City Clerk and City Engineer, signed by the Subdivider, to the effect that Subdivider has made all deposits legally required by such - 7 - public utility corporation for the connection of any and all public utilities to be supplied by such public utility corporation within the subdivision. 6. Permits - Compliance with Law: Subdivider shall, at Subdivider's expense, obtain all necessary permits and licenses for the construction of required improvements, give all necessary notices and pay all fees and taxes required by law. 7. Definitions and Ownership of Improvements: The term "improvements" means: grading, paving, curbs and gutters, pathways, storm drains, sanitary sewers, domestic and non-domestic water, utilities, such as electric, telephone and cable TV, conduits, gas lines, drainage facilities, traffic controls, landscaping and irrigation, street lights, and all other required facilities as shown in detail upon plans, profiles and specifications which have been prepared or are now in final preparation by engineers acting for Subdivider subject to approval by the City Engineer. No work on said improvements shall be commenced until plans and profiles therefore have been submitted to, approved and permitted by the City Engineer. All required public improvements constructed or installed pursuant to this Agreement shall become the sole exclusive property of the City, without payment therefore, upon acceptance of said improvements by the City Council. 8. Obligations of Subdivider: Notwithstanding the fact that Subdivider's plans and specifications, completion of the work, and other acts are subject to approval of the City, it is understood and agreed that any approval by the City thereof shall in no way relieve Subdivider of satisfactorily performing said work or the related obligations hereunder. The construction shall be done strictly in accordance with the plans and specifications including supplementals and revisions prepared by Subdivider or its registered engineer, and as approved by the City as being consistent with the City Code and Standards. Subdivider warrants that its plans and specifications conform as a minimum to said codes and standards and that they are adequate to accomplish the work in a good workmanlike manner and in accordance with responsible construction practices. In addition to the foregoing, Subdivider shall satisfy all the conditions of approval set forth on the City approved tentative map for the Property. Subdivider shall also perform all work and furnish all materials necessary, in the opinion of the City Engineer and on his order, to complete the Works of Improvement in accordance with the plans and specifications on - 8 - file as hereinbefore specified, or with any changes required or ordered by said Engineer which, in his opinion, are necessary or required to complete this work. 9. Intent of Plans and Specifications The intent of the plans and specifications referenced above is to prescribe a complete work of improvement, which Subdivider shall perform, or cause to be performed in a manner acceptable to the City Engineer (or designee) and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility, even though the plans and specifications may not specifically call out all items of work required for the contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made of information necessary to carry out the full intent and meaning of the plans and specifications, Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the plans, specifications, or related documents, reference shall be made to the City Engineer whose decision thereon shall be final. 10. Superintendence by Subdivider: Subdivider shall give personal superintendence to the Works of Improvement, or have a competent foreman or superintendent, satisfactory to the City Engineer, on the work at all times during progress, with authority to act for Subdivider. In the event the Subdivider is not exercising satisfactory superintendence, the City Engineer may order suspension of all work within the subdivision until the deficiency is adequately corrected. 11. Repair and Replacements: Subdivider shall replace, or have replaced, or repair, or have repaired, as the case may be, or pay to the owner the entire cost of replacement or repairs, for all survey monuments or for any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City or by any public or private corporation, or by any person whomsoever or by combination of such owners. Any such repair or replacement shall be completed in a reasonable manner and subject to the approval of the City Engineer and affected property owner. 12. Inspection by City: - 9 - Subdivider shall at all times maintain proper facilities and provide safe access for inspection by City to all parts of the work and to the shops where the work is in preparation. The Subdivider shall pay the cost of inspections. City's inspector shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement. The inspection of the work by City shall not relieve Subdivider or the contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted. No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by City is made. Final acceptance shall not constitute a waiver by City of defective work subsequently discovered. The date on which the Works of Improvement will be considered as complete shall be that date on which the City Council accepts the improvements and authorizes the City Clerk to file a Notice of Completion with respect thereto. 13. Authority of the City Engineer: All required improvements shall be constructed under the inspection of and subject to approval of the City Engineer. Therefore, it is mutually agreed by the parties hereto that the City Engineer shall have the right to reject any or all of the work to be performed under this contract if such work does not conform with City Codes and Standards and the plans and specifications mentioned herein, including subsequent revisions that may have been previously overlooked during the plan review process. Any damage to the improvements (existing or new) that occurs during or after installation of work performed under this Agreement shall be repaired or replaced, by the Subdivider, to the satisfaction of the City Engineer before the final acceptance of completed work and release of security. In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to make a final decision in regard to all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and Subdivider's contractor. 14. Changes in the Work: The City Engineer, without invalidating this Agreement and without notification to any of the sureties referenced in paragraph 2, may order - 10 - extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer to accomplish the purposes of this Agreement and to protect the public health, safety, and welfare. It is mutually understood that it is inherent in the nature of the work contemplated by this Agreement that some changes in the plans and specifications and related documents may be necessary during the course of construction to adjust them to field conditions and to assure the protection of the public health, safety, and welfare. The City Engineer shall notify Subdivider or Subdivider's contractor in writing (by Correction Notice) at the time a determination has been made to require changes in the Works of Improvement. No field changes performed or proposed by Subdivider or its contractor shall be binding on City unless approved in writing by the City Engineer. 15. No Warranty by City: The plans and specifications and related documents for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation or warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the plans or specifications or related documents. 16. Liability for Performance. Iniury or Damage: Neither the City nor any of its officers or agents shall be liable to Subdivider or its contractors for any error or omission arising out of or in connection with any work to be performed under this contract. Additionally, the City shall not be liable to the Subdivider or to any other person, firm, or corporation whatsoever, for any injury or damage that may result to any person or property by or from any cause whatsoever in, on, or about the subdivision of said land covered by this Agreement, or any part thereof. 17. Indemnifications and Release: Prior to the commencement of any work pursuant to this contract, Subdivider's contractors shall furnish to City satisfactory evidence of an insurance policy written upon a form and by a company (which meets with the approval of City) insuring City, its officers, agents, and employees against loss or liability which may arise during the work or which may result from any of the work herein required to be done, including all costs of defending any claim arising as result thereof. Minimum liability and property damage insurance shall be not less than $500,000 for all damages arising out of bodily injury to or death of one person and not less than $1,000,000 for all damages arising out of bodily injuries to or death of - 11 - more than one person in any one occurrence; and not less than $500,000 for all damages and/or destruction of property in any one occurrence and not less than $750,000 for all damages and/or destruction of property during the policy period. Said policy shall be in favor of Subdivider or its contractors and of the City, its officers, agents, and employees and shall be maintained in full force and effect during the life of this Agreement, including extensions. Said policy shall state by its terms and by an endorsement that it shall not be canceled until City shall have had at least ninety (90) days' notice in writing of such cancellation. The Subdivider hereby releases and agrees to defend, indemnify and hold the City harmless from and against any and all injuries to and deaths of persons and injuries to property, and all claims, demands, costs, loss, damage and liability, howsoever the same may be caused and whensoever the same may appear, resulting directly or indirectly from the performance or nonperformance of any or all work to be done in and upon the subject property and the premises adjacent thereto pursuant to this Agreement, and also from any and all injuries to and deaths of persons and injuries to property or other interests and all claims, demands, costs, loss, damage, and liability, howsoever the same may be caused and whensoever the same may appear, either directly or indirectly made or suffered by the Subdivider, the Subdivider's agents, employees, and subcontractors, while engaged in the performance of said work. 18. Liability of Subdivider: The Subdivider agrees that the use for any purpose and by any person of any and all of the streets, easements and improvements herein specified shall be at the sole and exclusive risk of the Subdivider at all times prior to final acceptance by the City of the completed street and other improvements thereon and therein; provided that acceptance by the City shall in no way eliminate or lessen any of the Subdivider's obligations or undertakings contained in this Agreement. The issuance of any occupancy permits (if granted) by the City for buildings located within said subdivision shall not be construed in any manner to constitute an acceptance and approval of any or all of the required improvements in said subdivision. 19. Subdivider's Expenses: The Subdivider shall pay these additional expenses: - 12 - a. The Subdivider shall cause to be made and/or pay for soil tests made by a reputable Geotechnical consultant/firm to determine stability, gradation, bearing, and resistance value of soils within the subdivision from which to determine the nature and design of appropriate improvements. The Subdivider shall also pay for all compaction and related tests necessary to determine that all fill work and the utility trench backfill has been satisfactorily placed. b. All service (including plan check and inspection), impact and connection fees as established by City shall be paid for each lot in the subdivision in accordance with the City Code. G. All actual costs for, design, plan check, development process and inspection incurred by the City in evaluating any proposed or agreed upon change in work. In no event shall Subdivider be entitled to additional inspections or final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including, without limitation, charges for applicable penalties and additional required inspections. d. Subdivider shall compensate the City for all actual costs reasonably incurred in having its authorized representatives make the usual and customary engineering services beyond the specified "Time of Completion" referenced in paragraph 3 above. Said actual costs include: inspection of Works of Improvement, engineer design review, plan check and project development process. Subdivider agrees to pay the cost of said City services within forty-five (45) days of invoice date, or as determined by the City Engineer. 20. Relationship of Contractors: It is hereby mutually covenanted and agreed by the parties hereto that Subdivider's contractors are not agents of the City, and that the contractors' relations to City, if any, are those of independent contractors. 21. Certification of Satisfactory Completion: Upon the satisfactory completion of the Works of Improvement by the Subdivider, the City Engineer shall certify that the Works of Improvement have been satisfactorily completed. 22. Repairs or Reconstruction of Defective Work: If, within a period of one year after City Council acceptance of the improvement work performed under this Agreement, any of the improvements or work done under this Agreement fails to fulfill any of the - 13 - requirements of this Agreement, or the specifications referred to herein, Subdivider shall without delay and without any cost to the City (upon receipt of written notice from the City), repair or replace or reconstruct any defective or otherwise Unsatisfactory part or parts of the work or structure. Should Subdivider fail to act promptly or in accordance with this requirement, or should the exigencies of the case require repairs or replacements to be made before Subdivider can be notified, City may, at its option, make the necessary repairs or replacements or perform the necessary work and Subdivider shall pay to City the actual cost of such repairs plus an amount equivalent to the current general City overhead costs. 23. Warranty: Without limiting the foregoing, Subdivider warrants and guarantees: materials used and workmanship performed on said work for a period of one (1) year after completion and acceptance thereof by the City, the setting of all required Final Map monuments and agrees to maintain all required landscaping in a vigorous and thriving condition for a period of twelve (12) months after completion and written acceptance thereof by the Director of Engineering and Building and by the Homeowner's Association. Only the warranty security for the landscape improvement shall be posted with the Homeowner's Association. All other security instruments shall be submitted to the City in accordance with Section 2 above. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law. 24. Default: 24.1 Remedies Not Exclusive: In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, such remedy shall be in addition to, and not exclusive of, City's right to pursue any other administrative, legal, or equitable remedy to which it may be entitled. 24.2 City Right to Perform Work: In addition to whatever other rights or remedies it may have for Subdivider's default hereunder, in the event Subdivider shall fail to timely perform any work required to be performed under this Agreement and such failure shall continue for a period of thirty (30) days after receipt of written notice of default from City, or thereafter Subdivider shall fail to diligently pursue the cure of any such default to completion, City shall have the right to enter into the Property and perform any of the uncompleted work by force account or contract or both and thereupon recover from - 14 - Subdivider and the surety company, or both, the full cost and expense thereby incurred by City. 24.3 Attornev's Fees and Costs: In the event of any litigation arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney's fees and costs. Such attorney's fees and costs shall include fees and costs on any appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment. 25. Notice of Completion: Upon approval of the Works of Improvement by the City Engineer and acceptance by the City Council, the Subdivider shall file with the Orange County Recorder a Notice of Completion of the improvements herein specified. 26. Filing of Improvement Plans: Upon completion of the job and prior to final acceptance of the Works of Improvement by the City, the Subdivider shall submit to the City Engineer for review and approval, one Mylar (4 mils) set of "record" drawings as well as digital copies of all improvement plans in accordance with the latest edition of the "City of San Juan Capistrano Digital Submission Standards". These drawings shall be certified and shall reflect the job as actually constructed, with all changes incorporated therein. 27. Assignment: This agreement shall not be assignable by Subdivider without written consent of City. - 15 - IN WITNESS WHEREOF two 2 identical counterparts of this agreement, each O P 9 of which shall for all purposes be deemed an original thereof, have been duly executed by the Subdivider herein named on the 5th day of October, 2004, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. WILLIAM LYON HOMES, INC., CITY OF SAN JUAN CAPISTRANO A California Corporation 7 By: :/ By: j e Joe to, Mayor Name: Thomas G Orable AssistaM Secretary Its: ATTEST: Ma a t . Monahan, City Clerk A OVED AS TO FORM: — 0 944� John Sh w, City Attorney (Attach Notary Acknowledgement) Attachment: Exhibit "A" - 16 - 1 - ' STATE OF CALIFORNIA ) COUNTY OF ORANGE ) On September 21, 2004 before me, Susan E Menard, Notary Public, personally appeared THOMAS G. GRABLE personally known to me — OR — 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. OFFICIAL--- - SUSAN E.MENARD� NOTARY PUBLIC-CALIFORNIA f! @My COMMISSION#1"7=OGI'!��0�(! ORANGE COUNTY Canmiseiwi Exp.October 21f,2007 Signature Susan E Menard, Notary Public Commission #1447352 Commission Expires October 26, 2007 PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 1181) On October 5, 2004 before me, Margaret R. Monahan, City Clerk, personally appeared Joe Soto personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. EAL) WITNESS my hand and official seal. ool . Im • M aret . Monahan, City Clerk OPTIONAL Capacity Claimed by Signers Description of Attached Document Mayor Subdivision Improvement Agreement Tentative Tract Map 16221 (William Lyon Title Homes, Inc.) Signers are Representing City of San Juan Capistrano �x�,'` a ��.:�:� ',:u��,tv �. ��� � O AIII11Iii:eppP\�A �)'. � a*ii � . �.,�.,;� ,�i SUBDIVISION IMPROVEMENT AGREEMENT - TRACT 16221 EXHIBIT "A" WORKS OF IMPROVEMENT Type of Improvements: Estimated Construction Cost Or Bond Amount Grading Processed through BLDG. Division Erosion and Silt Control Processed through BLDG. Division Off-site circulation Obligations Shall be paid in full prior to First Building Permit Street and Related appurtenances $ 1,2700,000 Storm Drain $ 820,780 Sanitary Sewer $ 354,000 Landscaping and Irrigation $ 2,188,700 Street Monuments $ 83,000 Water Improvements $ 691,000 Traffic Signal & Striping $ 218,000 • Off-site Circulation $ 550,000 • (Bond amount for the Off-site Circulation is subject to adjustment, based on final plan approval by City and Caltrans) 17 EXHIBIT A Jrw„ 32400 PASEO ADEI-ANTO �,f✓ SAN JUAN CAPISTRANO,CA 92675 f,�' IA[ARNAAIfI MEMBERS OF THE CITY COUNCIL (949)4931171 61uuSXEA I 1961 SAM ALLEVATO (949)493-1053 FAX 1776 DIANE L.BATHGATE wwwsanjuancapistrano.org wYA17 HART • • JOE SOTO October 6, 2004 DAVID M.SWERDLIN Clerk-Recorder's Office County of Orange P.O. Box 238 Santa Ana, California 92701 Re: Subdivision Improvement Agreement Tentative Tract Map 16221 (William Lyon Homes, Inc.) SENT VIA CERTIFIED MAIL The noted document is enclosed for recording: When placed of record, please return the recorded document to this office. Thank you for your assistance. Very truly yours / ar et R. Monahan City CI rk c: Sam Shoucair, Senior Engineer Nasser Abbaszadeh, Engineering & Building Director 1 San Juan Capistrano: Preserving the Past to Enhance the Future U.S. Postal Service,,� CERTIFIED MAIL. RECEIPT r-q (Domestic Mail Only;No Insurance Coverage Provided): -B ru Postage $ 1:3 Crntifirdl Fee C3 Postmark Return Reciept Fee C3 (Endorsement Required) Hem 1:3 Restricted Nllvray Fee Endorsement Required) M Total Postage&Fees EZI Sent TO ----------------- --- ---- ---- ------------------------- -------------- or PO B.No. g- ,iiji,Apt NY., bov 4 C r Stwe"ZI-P-1-:1- -- ------- ---- AVIS-twel— AAZLL�i PS Form 3800,June 2002 See Reverse for Instructions 10/5/2004 D7 AGENDA REPORT TO: Dave Adams, City Manager 94 FROM: Ray Holland, Interim Engineering & Building Director SUBJECT: Consideration of Approval of Final Map and Subdivision Improvement Agreement for Tract 16221 (William Lyon Homes, Inc.) RECOMMENDATION By motion: 1. Approve the Final Map for Tract No. 16221 as it conforms to the requirements set forth in the Subdivision Map Act and the previously approved Tentative Tract Map conditions; and, 2. Authorize the City Engineer and the City Clerk to execute the Final Map; and, 3. Authorize the Mayor to execute the Subdivision Improvement Agreement and accept the corresponding securities; and, 4. Direct the City Clerk to forward the Map and Subdivision Agreement to the County Recorder. SITUATION A. Summary and Recommendation William Lyon Homes, the owner/developer of 119 residential homes, within a gated community, on approximately 78.5 acres of land subdivision in Tract 16221, has submitted the Final Map for City Council consideration and approval. The map, as well as the grading and improvement plans, have been reviewed by the Engineering Division and were found to be in conformance with the Tentative Tract Map and the Subdivision Map Act. All appropriate bonds and fees have been submitted and paid to the City and the developer has signed the City's Subdivision Improvement Agreement (Attachment 1). All applicable conditions of approval required by Resolution 03-06-03-01 (Attachment 2) for Tentative Tract Map 16221 have been met. Agenda Report October 5, 2004 Page 2 B. Backuround On June 3, 2003, the City Council adopted Resolution No. 03-06-03-01 conditionally approving Vesting Tentative Tract Map 16221, consisting of 119 residential lots. The map, as well as all improvement plans for Tract 16221, have been reviewed and approved by the City Engineer. The City Attorney and Planning Director have reviewed the covenants, conditions and restrictions (CC&R's). The final items listed below have been reviewed and found to be in compliance with the requirements of the Final Tract Map: 1. Applicable Subdivision fees 2. Subdivision Improvement Agreement executed in duplicate 3. Faithful Performance and Labor and Material bonds for the following improvements, which may be exonerated by the City Engineer upon a successful completion: a. Street Improvement b. Storm Drain Improvement C. Sewer Improvements d. Landscape and Irrigation Improvements e. Survey Monumentation (performance bond) f. Off-site Circulation Improvement COMMISSION/BOARD REVIEW AND RECOMMENDATIONS The Tentative Map has been previously reviewed by the Environmental Review Board, Transportation Commission, and Planning Commission and approved by City Council. FINANCIAL CONSIDERATIONS All applicable fees have been paid and the required sureties posted with the City. PUBLIC NOTIFICATION William Lyon Homes, Inc. RBF Consulting * * Agenda report included Agenda Report October 5, 2004 Page 3 RECOMMENDATION By motion: 1. Approve the Final Map for Tract No. 16221 as it conforms to the requirements set forth in the Subdivision Map Act and the previously approved Tentative Tract Map conditions; and, 2. Authorize the City Engineer and the City Clerk to execute the Final Map; and, 3. Authorize the Mayor to execute the Subdivision Improvement Agreement and accept the corresponding securities; and, 4. Direct the City Clerk to forward the Map and Subdivision Agreement to the County Recorder. Respectfully submitted, Prepared by: i C Ray Holland Sam Shoucair Interim Engineering & Building Director Senior Engineer Attachments: 1. Subdivision Improvement Agreement 2. Resolution 03-06-03-01 for TTM 16221 3. Location Map RH/SS/jcr CAMyFiles\Agenda\Tracts\Tr 16221 Rancho Madrina\A1.doc Recording Requested by and When Recorded Mail To: City of San Juan Capistrano Attention: City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Margaret R. Monahan, City Clerk City of San Juan Capistrano SUBDIVISION IMPROVEMENT AGREEMENT SUBJECT: TENTATIVE TRACT MAP 16221 THIS AGREEMENT is between the CITY OF SAN JUAN CAPISTRANO, a municipal corporation, State of California, hereinafter referred to as "City' and WILLIAM LYON HOMES, INC., a California Corporation whose mailing address is 4490 Von Karman Avenue, Newport Beach, California 92660, hereinafter referred to as "Subdivider": WHEREAS, the tentative map application was conditionally approved by Resolution No. 03-06-03-01; and, WHEREAS, Subdivider is the owner of that certain parcel of land situated in the City of San Juan Capistrano, Orange County, generally described as Tentative Tract Map 16221 and Subdivider proposes to do and perform certain work of improvement thereon as hereinafter set forth; and WHEREAS, City desires to assure that said proposed improvements will be done in a good workmanlike manner and in accordance with the laws now in force and effect in the City of San Juan Capistrano, California, the terms and conditions of which are incorporated herein by reference; and WHEREAS, Subdivider declares that he is familiar with the pertinent regulations contained in the City Code and in the Subdivision Map Act (Government Code Sections 66410 to 66500) and agrees to comply therewith; and WHEREAS, a Final Map of said subdivision prepared in accordance with the City's Subdivision Ordinance, has been filed by Subdivider with City for approval by the City Council. i ATTACHMENT NOW THEREFORE, in consideration of the approval and acceptance by the City Council of City of said Final Map and the acceptance of easements therein offered for dedication for street and other public purposes and the covenants herein contained, the parties hereto mutually covenant and agree as follows: 1. General Requirements: Subdivider shall comply with all the conditions of approval set fort in City Council Resolution No. 03-06-03-01 for Tentative Tract Map 16221 and shall, at his own cost and expense, provide all required tests, design work, equipment, materials and labor in order to complete all of the works of improvement (the "Works of Improvement"), set forth in Exhibit "A", to the satisfaction of the City Engineer. Such work of improvement shall include but not be limited to the undergrounding of the overhead utilities, the placement of curb markers at all proposed street catch basin inlet structures in accordance with the National Pollution Discharge Elimination System (NPDES) requirement and the construction of a new traffic signal and related street widening and appurtenant improvements on Rancho Viejo Road. Off-site Improvement Obligation and Participation. Prior to issuance of the first (1s) building permit, other than model homes, the applicant shall pay for the project's pro-rata share of traffic generated, as determined in the City-approved traffic study, for the following improvement. This financial participation shall be in addition to paying Capistrano Circulation Fee Program (CCFP) fees. The applicant's financial participation shall include right-of-way acquisition, design, and construction including, but not limited to, grading, streets, sidewalks, landscaping, retaining walls, drainage structures, utility relocation, and traffic signal improvements in accordance with the City's Master Plan of Streets and Highways Location: Rancho Viejo Road @ Ortega Highway: Financial Participation: 24.41% towards the construction of a second northbound left-turn lane on Rancho Viejo Road. Off-Site Circulation Improvement Construction Requirements (subject to partial financial reimbursement. Prior to issuance of the building permit indicated in the table below, for other than model homes, the applicant shall design and construct and be initially responsible for all the cost of the off-site improvements listed below to their ultimate standard configurations in accordance with the City's Master Plan of Streets and Highways and to 2 the satisfaction the City Engineer. All easements, right-of-way acquisitions, dedications and permits needed from any agency to accommodate said improvements listed below shall be obtained by the applicant, with City's assistance, at no initial cost to the City. Upon a written request from the applicant, the City will enter into a Partial Financial Compensation Agreement to partially repay the applicant from the Capistrano Circulation Fee Program (CCFP) over a period of time after the completion of the last improvement of the items listed below. The project's fair share contribution for each improvement shall be in accordance with the Transportation and Traffic section of the City approved Environmental Impact Report. The applicant shall provide performance bonds/securities for 100 percent of each estimated improvement cost as prepared by a Registered Civil Engineer and approved by the City Engineer and City Attorney. In addition, the applicant shall provide labor and materials bonds/securities for 100 percent of the above estimated improvement costs as determined by the City Engineer. Any deferral in the timing of this condition, due to unforeseen delays caused by outside regulatory agencies, shall be subject to review and approval by the City Engineer. - Location Improvement Timing of Improvements a. Ortega Highway Construct an eastbound right-turn The applicant shall apply for @ 1-5 Southbound lane on Ortega Highway for traffic Caltrans encroachment permit Ramps movement from Ortega Highway within thirty (30) days following eastbound to 1-5 southbound. approval of any final map. Complete construction of improvements prior to issuance of the seventy-sixth (76`") building permit. b. 1-5 Northbound Construct an additional The applicant shall apply for Off-Ramp @ northbound lane on the 1-5 Off- Caltrans encroachment permit Ortega Highway Ramp and re-stripe to provide within thirty (30) days following two right turn lanes. approval of the project's final map. Complete construction of improvements prior to issuance of the seventy-sixth (76th) building permit. 3 c. Ortega Highway Construct an eastbound right-turn Begin construction of @ Del Obispo lane on Ortega Highway for traffic improvements prior to the issuance Street: movements from Ortega of the first (1") building permit. eastbound to Del Obispo Complete construction of southbound. improvements prior to issuance of the thirty-eighth (38'") building permit. 2. Security: A. Subdivider shall, at all times beginning with the execution of this agreement, guarantee Subdivider's performance of this agreement by providing City with the following security instruments (the "Security Instruments"), as required by the State Subdivision Map Act, on forms approved by City for the purposes and in the amounts as follows: (i) A Faithful Performance Bond to ensure faithful performance of this agreement in regard to said improvements in the amount of 100% of the estimated cost of construction of the improvements; and (ii) A Labor and Materials Bond to secure payment to any contractor, subcontractor, persons renting equipment or furnishing labor or materials for the improvements required to be constructed or installed pursuant to this agreement in the additional amount of 100% of the estimated cost of construction of the improvements; and (iii) A Subdivision Monument Bond in the amount of 100% of the estimated cost of setting subdivision monuments as shown in Exhibit "A". B. In order to guarantee and warranty the Works of Improvement and in addition to the security instruments referenced in Paragraph 2(A) above, Subdivider shall provide to City the following Security Instruments: (i) Prior to the City's final acceptance of the Works of Improvement and recordation of a Notice of Completion, Subdivider shall provide to City a Warranty Bond for Works of Improvement warranting the accepted Works of Improvement for a period of one (1) year following said acceptance against any defective work or labor done or defective material furnished. The amount of such Warranty Bond for Works of Improvement shall be equal to twenty-five percent (25%) of the estimated construction cost set forth in 4 Exhibit "A", or a suitable amount determined by the City Engineer. (ii) Prior to the City's final acceptance of the landscape and irrigation Works of'Improvement, Subdivider shall provide a Landscape and Irrigation Warranty Bond warranting the landscape and irrigation Works of Improvement for a period of (1) year following said acceptance against any defective work or labor done or defective material furnished for any reason other than improper maintenance. The amount of such Landscape and Irrigation Warranty Bond shall be equal to twenty percent (20%) of the landscape architect's estimated construction cost, or a suitable amount determined by the City Engineer. The Landscape and Irrigation Warranty Bond shall be held by the development's Homeowners' Association ("HOA). All Security Instruments required by this agreement, with the exception of the Landscape and Irrigation Warranty Bond, which is submitted to the development's HOA, shall be kept on file with the City Clerk. The terms of the Security Instruments required by this agreement are hereby incorporated in this agreement by reference. City shall release the Faithful Performance Bond upon Subdivider's written request following acceptance by City of the Works of Improvement and Subdivider's delivery to City of the Warranty Bond for Works of Improvement. City shall release the Labor and Materials Bond upon Subdivider's written request and following acceptance by City of the Works of Improvement and after expiration of the time within which lien claims are required to be made pursuant to Article 3 (commencing with Section 3114) of Chapter 2 of Title 15 of Part 4 of Division Third of the California Civil Code. If lien claims have been timely filed, City shall hold the Labor and Materials Bond until (a) such claims have been resolved, (b) Subdivider has provided a statutory bond, or© otherwise as required by applicable law. City Engineer shall release the Warranty Bond for Works of Improvement upon Subdivider's written request following the expiration of the warranty period, provided no claims are outstanding at that time regarding defective work. The release of the Landscape and Irrigation Warranty Bond held by the HOA will be determined by a separate agreement between the developer and the HOA. - 5 - 2.1 Form of Security Instruments. All Security Instruments shall meet the following minimum requirements and otherwise shall be in a form acceptable to the City Attorney: (i) Any insurance company acting as surety shall have a minimum rating of A-IX, as rated by the current edition of Best's Key Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858; any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's; (ii) Payments under the Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the County of Orange, State of California; (iii) Each of the Security Instruments shall have a minimum term of one (1) year after the deadline for Subdivider's completing the Works of Improvement, in accordance with paragraph 3 herein; (iv) The Security Instruments shall reference Subdivider's obligations under this Agreement, shall be irrevocable, and shall include as an additional obligation secured the responsibility to compensate City for all of the City's attorneys' fees and litigation expenses reasonably incurred enforcing its rights under the Security Instruments. 3. Time of Completion: All of the Works of Improvement shall be completed within twenty-four (24) months from the effective date of this Agreement. The time for completion may be extended by the City Engineer, in writing, for good cause shown by the Subdivider. Subdivider shall compensate the City for all costs reasonably incurred in having its authorized representatives perform the usual and customary engineering services during said extension as specified in Paragraph 19 below. In the event that Subdivider fails to complete the Works of Improvement within said period or any approved extension, the City may complete said work and shall be entitled to recover the full cost and expenses thereof from Subdivider, or his surety as herein provided. The City may require Subdivider, or his surety, to pay the City in advance, sufficient monies to cover the City's cost in completing construction of said Works of Improvement. 3.1 Force Majeure: Notwithstanding the provisions of paragraph 3 herein, Subdivider's time for completion of the Works of - 6 - Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikes, lockouts, acts or failures to act of a public agency (including City), required changes to the Scope of Work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than thirty (30) days prior to City's receipt of a written notice from Subdivider or its contractor detailing the grounds for Subdivider's claim to a right to extend its time for performance hereunder. 3.2 Continuous Work: After commencement of construction of the Works of Improvement (or separable portion thereof), Subdivider shall cause such work to be diligently pursued to completion, and shall not abandon the work for a consecutive period of more than thirty (30) days, events of force majeure excepted. 3.3 Reversion to Acreage: In addition to whatever other rights City may have due to Subdivider's failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Sections 66499.11-66499.20-3/4. In this regard, Subdivider agrees that if none of the Works of Improvement referenced herein have been made within the specified "Time of Completion" referenced in paragraph 3 above or within the time allowed herein, whichever is the later, and if City thereafter initiates proceedings to revert the Property to acreage, any improvements made by or on behalf of Subdivider after the date City initiates such action shall not be considered in determining City's authority to revert the Property to acreage. 4. Effective Date of Agreement: This Agreement shall not become effective unless and until the subdivision map has been approved by the City Council and also accepted for recordation by the County Recorder of the County of Orange. 5. Utility Deposits - Statement: Prior to the commencement of any work to be performed within the area delineated on the Final Map, the Subdivider must file a written statement with the City Clerk and City Engineer, signed by the Subdivider, to the effect that Subdivider has made all deposits legally required by such - 7 - public utility corporation for the connection of any and all public utilities to be supplied by such public utility corporation within the subdivision. 6. Permits - Compliance with Law: Subdivider shall, at Subdivider's expense, obtain all necessary permits and licenses for the construction of required improvements, give all necessary notices and pay all fees and taxes required by law. 7. Definitions and Ownership of Improvements: The term "improvements" means: grading, paving, curbs and gutters, pathways, storm drains, sanitary sewers, domestic and non-domestic water, utilities, such as electric, telephone and cable N, conduits, gas lines, drainage facilities, traffic controls, landscaping and irrigation, street lights, and all other required facilities as shown in detail upon plans, profiles and specifications which have been prepared or are now in final preparation by engineers acting for Subdivider subject to approval by the City Engineer. No work on said improvements shall be commenced until plans and profiles therefore have been submitted to, approved and permitted by the City Engineer. All required public improvements constructed or installed pursuant to this Agreement shall become the sole exclusive property of the City, without payment therefore, upon acceptance of said improvements by the City Council. 8. Obligations of Subdivider: Notwithstanding the fact that Subdivider's plans and specifications, completion of the work, and other acts are subject to approval of the City, it is understood and agreed that any approval by the City thereof shall in no way relieve Subdivider of satisfactorily performing said work or the related obligations hereunder. The construction shall be done strictly in accordance with the plans and specifications including supplementals and revisions prepared by Subdivider or its registered engineer, and as approved by the City as being consistent with the City Code and Standards. Subdivider warrants that its plans and specifications conform as a minimum to said codes and standards and that they are adequate to accomplish the work in a good workmanlike manner and in accordance with responsible construction practices. In addition to the foregoing, Subdivider shall satisfy all the conditions of approval set forth on the City approved tentative map for the Property. Subdivider shall also perform all work and furnish all materials necessary, in the opinion of the City Engineer and on his order, to complete the Works of Improvement in accordance with the plans and specifications on - 8 - file as hereinbefore specified, or with any changes required or ordered by said Engineer which, in his opinion, are necessary or required to complete this work. 9. Intent of Plans and Specifications The intent of the plans and specifications referenced above is to prescribe a complete work of improvement, which Subdivider shall perform, or cause to be performed in a manner acceptable to the City Engineer (or designee) and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility, even though the plans and specifications may not specifically call out all items of work required for the contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made of information necessary to carry out the full intent and meaning of the plans and specifications, Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the plans, specifications, or related documents, reference shall be made to the City. Engineer whose decision thereon shall be final. 10. Superintendence by Subdivider: Subdivider shall give personal superintendence to the Works of Improvement, or have a competent foreman or superintendent, satisfactory to the City Engineer, on the work at all times during progress, with authority to act for Subdivider. In the event the Subdivider is not exercising satisfactory superintendence, the City Engineer may order suspension of all work within the subdivision until the deficiency is adequately corrected. 11. Repair and Replacements: Subdivider shall replace, or have replaced, or repair, or have repaired, as the case may be, or pay to the owner the entire cost of replacement or repairs, for all survey monuments or for any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City or by any public or private corporation, or by any person whomsoever or by combination of such owners. Any such repair or replacement shall be completed in a reasonable manner and subject to the approval of the City Engineer and affected property owner. 12. Inspection by City: - 9 - Subdivider shall at all times maintain proper facilities and provide safe access for inspection by City to all parts of the work and to the shops where the work is in preparation. The Subdivider shall pay the cost of inspections. City's inspector shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement. The inspection of the work by City shall not relieve Subdivider or the contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted. No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by City is made. Final acceptance shall not constitute a waiver by City of defective work subsequently discovered. The date on, which the Works of Improvement will be considered as complete shall be that date on which the City Council accepts the improvements and authorizes the City Clerk to file a Notice of Completion with respect thereto. 13. Authority of the City Engineer: All required improvements shall be constructed under the inspection of and subject to approval of the City Engineer. Therefore, it is mutually agreed by the parties hereto that the City Engineer shall have the right to reject any or all of the work to be performed under this contract if such work does not conform with City Codes and Standards and the plans and specifications mentioned herein, including subsequent revisions that may have been previously overlooked during the plan review process. Any damage to the improvements (existing or new) that occurs during or after installation of work performed under this Agreement shall be repaired or replaced, by the Subdivider, to the satisfaction of the City Engineer before the final acceptance of completed work and release of security. In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to make a final decision in regard to all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and Subdivider's contractor. 14. Changes in the Work: The City Engineer, without invalidating this Agreement and without notification to any of the sureties referenced in paragraph 2, may order - 10 - extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer to accomplish the purposes of this Agreement and to protect the public health, safety, and welfare. It is mutually understood that it is inherent in the nature of the work contemplated by this Agreement that some changes in the plans and specifications and related documents may be necessary during the course of construction to adjust them to field conditions and to assure the protection of the public health, safety, and welfare. The City Engineer shall notify Subdivider or Subdivider's contractor in writing (by Correction Notice) at the time a determination has been made to require changes in the Works of Improvement. No field changes performed or proposed by Subdivider or its contractor shall be binding on City unless approved in writing by the City Engineer. 15. No Warranty by City: The plans and specifications and related documents for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation or warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the plans or specifications or related documents. 16. Liability for Performance, Iniury or Damage: Neither the City nor any of its officers or agents shall be liable to Subdivider or its contractors for any error or omission arising out of or in connection with any work to be performed under this contract. Additionally, the City shall not be liable to the Subdivider or to any other person, firm, or corporation whatsoever, for any injury or damage that may result to any person or property by or from any cause whatsoever in, on, or about the subdivision of said land covered by this Agreement, or any part thereof. 17. Indemnifications and Release: Prior to the commencement of any work pursuant to this contract, Subdivider's contractors shall furnish to City satisfactory evidence of an insurance policy written upon a form and by a company (which meets with the approval of City) insuring City, its officers, agents, and employees against loss or liability which may arise during the work or which may result from any of the work herein required to be done, including all costs of defending any claim arising as result thereof. Minimum liability and property damage insurance shall be not less than $500,000 for all damages arising out of bodily injury to or death of one person and not less than $1,000,000 for all damages arising out of bodily injuries to or death of - 11 - more than one person in any one occurrence; and not less than $500,000 for all damages and/or destruction of property in any one occurrence and not less than $750,000 for all damages and/or destruction of property during the policy period. Said policy shall be in favor of Subdivider or its contractors and of the City, its officers, agents, and employees and shall be maintained in full force and effect during the life of this Agreement, including extensions. Said policy shall state by its terms and by an endorsement that it shall not be canceled until City shall have had at least ninety (90) days' notice in writing of such cancellation. The Subdivider hereby releases and agrees to defend, indemnify and hold the City harmless from and against any and all injuries to and deaths of persons and injuries to property, and all claims, demands, costs, loss, damage and liability, howsoever the same may be caused and whensoever the same may appear, resulting directly or indirectly from the performance or nonperformance of any or all work to be done in and upon the subject property and the premises adjacent thereto pursuant to this Agreement, and also from any and all injuries to and deaths of persons and injuries to property or other interests and all claims, demands, costs, loss, damage, and liability, howsoever the same may be caused and whensoever the same may appear, either directly or indirectly made or suffered by the Subdivider, the Subdivider's agents, employees, and subcontractors, while engaged in the performance of said work. 18. Liability of Subdivider: The Subdivider agrees that the use for any purpose and by any person of any and all of the streets, easements and improvements herein specified shall be at the sole and exclusive risk of the Subdivider at all times prior to final acceptance by the City of the completed street and other improvements thereon and therein; provided that acceptance by the City shall in no way eliminate or lessen any of the Subdivider's obligations or undertakings contained in this Agreement. The issuance of any occupancy permits (if granted) by the City for buildings located within said subdivision shall not be construed in any manner to constitute an acceptance and approval of any or all of the required improvements in said subdivision. 19. Subdivider's Expenses: The Subdivider shall pay these additional expenses: - 12 - a. The Subdivider shall cause to be made and/or pay for soil tests made by a reputable Geotechnical consultantdirm to determine stability, gradation, bearing, and resistance value of soils within the subdivision from which to determine the nature and design of appropriate improvements. The Subdivider shall also pay for all compaction and related tests necessary to determine that all fill work and the utility trench backfill has been satisfactorily placed. b. All service (including plan check and inspection), impact and connection fees as established by City shall be paid for each lot in the subdivision in accordance with the City Code. C. All actual costs for, design, plan check, development process and inspection incurred by the City in evaluating any proposed or agreed upon change in work. In no event shall Subdivider be entitled to additional inspections or final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including, without limitation, charges for applicable penalties and additional required inspections. d. Subdivider shall compensate the City for all actual costs reasonably incurred in having its authorized representatives make the usual and customary engineering services beyond the specified 'Time of Completion" referenced in paragraph 3 above. Said actual costs include: inspection of Works of Improvement, engineer design review, plan check and project development process. Subdivider agrees to pay the cost of said City services within forty-five (45) days of invoice date, or as determined by the City Engineer. 20. Relationship of Contractors: It is hereby mutually covenanted and agreed by the parties hereto that Subdivider's contractors are not agents of the City, and that the contractors' relations to City, if any, are those of independent contractors. 21. Certification of Satisfactory Completion: Upon the satisfactory completion of the Works of Improvement by the Subdivider, the City Engineer shall certify that the Works of Improvement have been satisfactorily completed. 22. Repairs or Reconstruction of Defective Work: If, within a period of one year after City Council acceptance of the improvement work performed under this Agreement, any of the improvements or work done under this Agreement fails to fulfill any of the - 13 - requirements of this Agreement, or the specifications referred to herein, Subdivider shall without delay and without any cost to the City (upon receipt of written notice from the City), repair or replace or reconstruct any defective or otherwise Unsatisfactory part or parts of the work or structure. Should Subdivider fail to act promptly or in accordance with this requirement, or should the exigencies of the case require repairs or replacements to be made before Subdivider can be notified, City may, at its option, make the necessary repairs or replacements or perform the necessary work and Subdivider shall pay to City the actual cost of such repairs plus an amount equivalent to the current general City overhead costs. 23. Warran : Without limiting the foregoing, Subdivider warrants and guarantees: materials used and workmanship performed on said work for a period of one (1) year after completion and acceptance thereof by the City, the setting of all required Final Map monuments and agrees to maintain all required landscaping in a vigorous and thriving condition for a period of twelve (12) months after completion and written acceptance thereof by the Director of Engineering and Building and by the Homeowner's Association. Only the warranty security for the landscape improvement shall be posted with the Homeowner's Association. All other security instruments shall be submitted to the City in accordance with Section 2 above. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law. 24. Default: 24.1 Remedies Not Exclusive: In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, such remedy shall be in addition to, and not exclusive of, City's right to pursue any other administrative, legal, or equitable remedy to which it may be entitled. 24.2 City Right to Perform Work: In addition to whatever other rights or remedies it may have for Subdivider's default hereunder, in the event Subdivider shall fail to timely perform any work required to be performed under this Agreement and such failure shall continue for a period of thirty (30) days after receipt of written notice of default from City, or thereafter Subdivider shall fail to diligently pursue the cure of any such default to completion, City shall have the right to enter into the Property and perform any of the uncompleted work by force account or contract or both and thereupon recover from - 14 - Subdivider and the surety company, or both, the full cost and expense thereby incurred by City. 24.3 Attorney's Fees and Costs: In the event of any litigation arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney's fees and costs. Such attorney's fees and costs shall include fees and costs on any appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment. 25. Notice of Completion: Upon approval of the Works of Improvement by the City Engineer and acceptance by the City Council, the Subdivider shall file with the Orange County Recorder a Notice of Completion of the improvements herein specified. 26. Filing of Improvement Plans: Upon completion of the job and prior to final acceptance of the Works of Improvement by the City, the Subdivider shall submit to the City Engineer for review and approval, one Mylar (4 mils) set of "record" drawings as well as digital copies of all improvement plans in accordance with the latest edition of the "City of San Juan Capistrano Digital Submission Standards'. These drawings shall be certified and shall reflect the job as actually constructed, with all changes incorporated therein. 27. Assignment: This agreement shall not be assignable by Subdivider without written consent of City. - 15 - IN WITNESS WHEREOF, two (2) identical counterparts of this agreement, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Subdivider herein named on the 5th day of October, 2004, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. WILLIAM LYON HOMES, INC., CITY OF SAN JUAN CAPISTRANO A California Corporation i By: By: Joe Soto, Mayor Name: Thomas G Grable• Assistant Secretary Its: ATTEST: Margaret R. Monahan, City Clerk APPROVED AS TO FORM: 0 gtL� John Sh w, City Attorney (Attach Notary Acknowledgement) Attachment: Exhibit "A" - 16 - SUBDIVISION IMPROVEMENT AGREEMENT- TRACT 16221 EXHIBIT "A" WORKS OF IMPROVEMENT Type of Improvements: Estimated Construction Cost Or Bond Amount Grading Processed through BLDG. Division Erosion and Silt Control Processed through BLDG. Division Off-site circulation Obligations Shall be paid in full prior to First Building Permit Street and Related appurtenances $ 1,2700,000 Storm Drain $ 820,780 Sanitary Sewer $ 354,000 Landscaping and Irrigation $ 2,188,700 Street Monuments $ 83,000 Water Improvements $ 691,000 Traffic Signal & Striping $ 218,000 * Off-site Circulation $ 550,000 " (Bond amount for the Off-site Circulation is subject to adjustment, based on final plan approval by City and Caltrans) 17 EXHIBIT A STATE OF CALIFORNIA ) COUNTY OF ORANGE ) On September 21, 2004 before me, Susan E Menard, Notary Public, personally appeared THOMAS G. GRABLE personally known to me — OR — 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. oFFi------- - SMYSUSAN E.MENARD NOTARY PUBLIC-CALIFORNIA COMMISSION#1447352ORANGE COUNTY SignatureY Commisslon Exp.October 26,2007 Susan E Menard, Notary Public Commission#1447352 Commission Expires October 26, 2007 RESOLUTION NO. 03-06-03-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP AND HILLSIDE MANAGEMENT APPLICATION FOR THE DEVELOPMENT OF 124 SINGLE-FAMILY DETACHED HOME LOTS ON AN EXISTING 78.6 ACRE PARCEL LOCATED ALONG THE EAST SIDE OF RANCHO VIEJO ROAD NORTH OF ORTEGA HIGHWAY (ASSESSOR'S PARCEL NUMBERS 650-141-01, 04, & 14; 650-152-09; 650-552-03, 04, 06, & 07)(HONEYMAN RANCH-WILLIAM LYON HOMES, INC.)(TTM 16221, HM 01-02) Whereas, the William Lyon Company requests approval of planning entitlements for an existing 78.60 acre site located along the east side of Rancho Viejo Rd. north of Ortega Highway to develop one-hundred and twenty-four (124) single-family detached home lots. The proposed zone change application would change the zoning district designation from "HR" (Hillside Residential) to "PC" (Planned Community) and establish a Comprehensive Development Plan(CDP)forthe property. The property is General Plan- designated "VLD" (Very Low Density Residential 0-1.0 du/ac), "LD" (Low Density Residential 1.0-2.0 du/ac), "MLD" (Medium Low Density Residential 2.0-3.5 du/ac), "MD" (Medium Density Residential 3.5-5.0 du/ac), and a General Plan-designated "major ridgeline" bisects a portion of the site; and, Whereas, the proposed project has been processed pursuant to Section 9-2.345, Development Review of the Land Use Code; and, Whereas, the Environmental Administrator has required preparation of an environmental impact report pursuantto Section 15081 of those Guidelines;has issued the Notice of Preparation (NOP) pursuant to Section 15082 of those guidelines, has overseen the preparation of the Draft Environmental Impact Report (DEIR) prepared pursuant to Section 15084 of those Guidelines, has issued a Notice of Completion pursuant to Section 15085 of those Guidelines, and has otherwise complied with all applicable provisions of the California Environmental Quality Act (CEQA); and all mitigation measures will be included in the final approving resolution as conditions of approval; and, Whereas, the Cultural Heritage Commission conducted a duly-noticed public meeting on Tuesday, November 26, 2002 pursuant to the provisions of Administrative Policy 409, and Planning Department Policy 510 to consider public testimony and recommended conditional approval of the proposed project including relocation of the Arley Leck House; and, Whereas, the Parks, Recreation, & Equestrian Commission conducted a duly- noticed public meeting on Monday, November 18,2002 and December 16, 2002 pursuant to the provisions of Administrative Policy 409, and Planning Department Policy 510 to -1- SP ATTACHMENT 2 review the proposed project and consider public testimony, and recommended conditional approval of the proposed project; and, Whereas,the Transportation Commission conducted a duly-noticed public meeting on Wednesday, December 11, 2002 and Wednesday, January 8, 2003 pursuant to the provisions of Administrative Policy409, and Planning Department Policy 510 to review the proposed project and consider public testimony,and recommended denial of the proposed project; and, Whereas, the Design Review Committee conducted public meetings on February 20 and March 20, 2003 to review the proposed project and consider public testimony, recommended approval of the proposed architectural and landscape concept, and forwarded the Committee's comments on broader site planning issues to the Planning Commission for consideration; and, Whereas, the Planning Commission conducted duly-noticed public hearings on March 11, and April 8, 2003 pursuant to the provisions of Section 9-2.335 of the Title 9, Land Use Code, Administrative Policy 409, and Planning Department Policy 510 to consider public testimony. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby make the following findings: 1. The proposed project is consistent with the policies and objectives of the General Plan Land Use Element because the project will result in the development of residential land uses and structures consistent with the density limits established by the Land Use Element designations and the City's slope density policy; and, 2. The proposed project is consistent with the policies and objectives of the General Plan Circulation Element because the project includes provisions for improving Rancho Viejo Road consistent with the "Master Plan of Streets and Highways (MPSH)"; and, 3. The proposed project is consistent with the policies and objectives of the General Plan Circulation Element because the project includes provisions for providing emergency vehicle access to that neighborhood; and, 4. The proposed project is consistent with the policies and objectives of the General Plan Circulation Element because the project includes provisions for providing alternative access to the Ortega Highway neighborhood thereby improving general traffic safety by reducing subdivision street traffic on Ortega Highway; and, 5. The proposed project is consistent with Title 8, Article 13 of the Municipal Code which establishes design standards for gate-guarded neighborhoods subject to the conditions of approval contained herein; and, -2- SP 6. The proposed project is consistent with the policies and objectives of the General Plan Circulation Element because the project includes provisions for establishing trails and recommended conditions of approval would provide for feeder trails to existing residential neighborhoods which would result in transportation alternatives; and, 7. The proposed project is consistent with the policies and objectives of the General Plan Conservation and Open Space Element because the project includes provisions for establishing the "Belford-Marbella Trail"through the proposed tract; and, 8. The proposed project is consistent with the policies and objectives of the General Plan Parks & Recreation Element because the project is not designated for public land dedication and does not propose public parkland dedication. The conditions of approval herein include provisions for payment of park in-lieu fees; and, 9. The proposed project is consistent with Section 9.4.106, Bicycle and equestrian trails because conditions of approval incorporate the required trail design standards; and, 10. The proposed project is consistent with Article 9-4.3, Parkland Land Requirements because conditions of approval require payment of in-lieu fees consistent with the methodology established by these provisions. 11. The proposed project will be consistent with the General Plan Cultural Resources Element because preservation of the Arley Leck House is consistent with Cultural Resources Goal 1 which states that the City will "preserve and protect historical, archaeological, and paleontological resources." 12. The proposed project will be consistent with the General Plan Cultural Resources Element preservation on-site, or through relocation of the Arley Leck House is consistent with Policy 1.1 which states that the City will "balance the benefits of development with the project's potential impacts to existing cultural resources"and Policy 1.2 which states that the City will "identify, designate, and protect buildings and sites of historic importance." NOW,THEREFORE, BE IT FURTHER RESOLVED,thatthe City Council of the City of San Juan Capistrano hereby approves the project subject to the following conditions of approval: Parks & Recreation Commission conditions of approval (note: trail improvements- related conditions are included in the Engineering&Building conditions ofapprovao P-1. Prior to the City releasing any final map for recordation, the project shall pay the applicable park in-lieu fees consistent with the provisions of Article 9-4, Park Land -3- nP Requirements of Title 9, Land Use Code (i.e., 126 lots/units x 3.2 residents per unit x 5 acres/1000 residents x $725,000/acre = $1,461,600). Planning Department conditions of approval L-1 Prior to final map approval, the project shall secure approval of a preliminary site plan to relocate and rehabilitate the Arley Lack House off-site (note: relocation of the Arley Leck House to the Los Rios `SP"Specific Plan area requires approval of a Site Plan Review and Landmark Alteration application by the Cultural Heritage Commission and the Planning Commission).In conjunction with grading operations, the project shall relocate the Leck House to the approved off-site location. L-2 The project shall install an electronic-operated gate located along the existing private access easement that provides the "Ortega Highway Neighborhood" with access via Ortega Highway. The gate shall be controlled through a proprietary card reader system which shall be managed by the Honeyman Ranch Homeowners Association property management company. The conditions, covenants, and restrictions shall include a provision restricting the issuance of gate cards for the Ortega Neighborhood gate to the seven (7) Ortega property owners only and shall prohibit issuance to all Honeyman Ranch residents. The final location and specific design of the gate shall be subject to the review and approval of the City Engineer or his designee. The gate shall be installed and operational concurrently with the opening and availability of Street "G" access to the neighborhood While it is the City's intent that the gate be used primarily for the purpose of emergency and service access only to the Ortega Highway Neighborhood, the City recognizes that the Ortega Highway Neighborhood property owners retain the right to use the gate for general access purposes. The project shall establish appropriate provisions and legal documentation for maintenance of the gate by the Honeyman Ranch homeowner's association in a manner acceptable to the City Attorney or his designee. The gate shall be maintained closed at all times to prevent access by any party other than Ortega Highway Neighborhood property owners. L-3 Prior to or with the submission of the first final subdivision map, the project will prepare and submit a preliminary design plan for the Rancho Viejo Road Corridor which includes the proposed location and design of the following elements: gate- guarded (including paving, control boxes, project identification sign, gates, etc.), street and slope landscaping, privacy walls, retaining walls, utility vaults and which shall be subject to review and approval by the Design Review Committee for consistency with the approved conceptual plan and design guidelines. Prior to approval of the first final subdivision map, the project shall submit final improvement plans for the Rancho Viejo Road corridor which shall be subject to -4- SV review and approval by the Planning Director or his designee. Lots along Rancho Viejo Road shall be developed with a combination of one and two-story residences. Prior to approval of the first final subdivision map, the project shall submit model home architectural plans, and a materials and color board which shall be subject to Design Review Committee (DRC) review and approval. L-4 Priorto issuance of building permits,the project will prepare and submit preliminary site plans for proposed Lots 118-123 which shall be subject to Planning Director review and approval for compliance with the City's Conservation and Open Space Element and specifically, hillside development guidelines. The Planning Director may refer such plans to the Planning Commission for review and action. L-5 The Design Guidelines shall be revised to require that the landscape plan incorporate a native plant palette for those manufactured slopes directly adjoining undisturbed areas subject to the review and approval of the Design Review Committee. L-6 Prior to approval of any final map, the project shall record a legal instrument providing for the relocation (vacation and dedication) of the private access easement which presently serves the Maddy and Bill Waters property located at 31050 Avenida Los Cerritos (650-552-05). A certified copy of the recorded instrument shall be provided to the City. Otherwise, the project shall prepare and submit a modified tentative tract map for City review and approval. The Planning Director may approve the modified tentative tract map pursuant to Section 9- 2.3.03(a)(9)of Title 9, Land Use Code. Otherwise,the modified tentative tract map shall be subject to Planning Commission review and City Council approval. L-7 Prior to approval of any final map, the project shall record a legal instrument providing for the necessary vacation and dedication of private access easements which presently serve properties along Woods Lane. A certified copy of the recorded instrument shall be provided to the City. Otherwise, the project shall prepare and submit a modified tentative tract map for City review and approval. The Planning Director may approve the modified tentative tract map pursuant to Section 9-2.3.03(a)(9) of Title 9, Land Use Code. Otherwise, the modified tentative tract map shall be subject to Planning Commission review and City Council approval. L-8 Prior to approval of any final map, the project shall record a legal instrument providing forthe necessary vacation and/or dedication of private access easements for the Ortega Highway neighborhood which are necessary to implement proposed Street"J". A certified copy of the recorded instrument shall be provided to the City. Otherwise, the project shall prepare and submit a modified tentative tract map for City review and approval. The Planning Director may approve the modified tentative tract map pursuant to Section 9-2.3.03(a)(9)of Title 9, Land Use Code. Otherwise, the modified tentative tract map shall be subject to Planning Commission review -5- SP and City Council approval. Should the project pursue an alternative tract map design which eliminates access forthe Ortega neighborhood via Streets"G"and "J, " the requirement for modifications to the private access easements shall become null and void. L-9 Prior to approval of any final tract map, the project shall submit preliminary design plans for the gate-guarded entrance including all signage, hardscape and landscaping, which shall be subject to review and approval by the Design Review Committee. The proposed gate-guarded entrance shall be re-designed to align with the existing centerline of the Avenida los Cerritos intersection subject to the review and approval of the City Engineer or his designee. L-10 Adequate space shall be accommodated for on-site source separation of solid waste during both pre-construction and post-construction activity. Also, all building site plans shall provide an area for recycling space allocation as required by Land Use Code Section 9-3.629. Prior to the issuance of grading permits, the applicant shall submit a written waste management plan and site plan depicting the location of solid waste receptacle(s) to accumulate on-site generated solid waste for recycling purposes. Prior to issuance of the final Certificate of Occupancy, the applicant shall submit solid waste generation, disposal, and recycling records. L-11 Prior to final map approval, the improvements plans shall provide for development of passive, "vest pocket' parks throughout the proposed project. The number and location of passive, "vest pocket' parks shall be as indicated on the approved tentative tract map. The "vest pocket' parks shall provide passive open space and may include benches, paths,ornamental landscaping and similar improvements,but shall not include any active recreation facilities.The final map landscape plans shall include a landscape palette which incorporates an orange grove element. Engineering & Building conditions of approval THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FIRST FINAL MAP OR EACH FINAL MAP BY THE CITY COUNCIL: 1.1. Street and Development Names. Prior to approval of each final map within the boundaries of this Tentative Tract Map, the applicant shall submit to the City's Planing Director for review, and shall obtain approval for, the name of the development or developments and the names of all proposed streets within the tentative tracts boundaries. All approved street names shall be indicated on the Final Map. (Ping. & Engr.) 1.2. Compliance with Map Act and Municipal Code. Prior to approval of each final map, the tract map shall be prepared and submitted in full compliance with the State of California Subdivision Map Act and the City of San Juan Capistrano Municipal Code, except as authorized by the City Council and/or Planning Commission. The -6- SF attention of the applicant and his engineer are directed to Section 9-2.3 and 9-4 of the Municipal Code. (Engr.) 1.3. Payment of Fees and Posting of Sureties. Prior to approval of each final map the applicant shall fulfill all applicable engineering fee requirements in accordance with the City Municipal Codes, as last revised, the Capistrano Valley Water District Schedules of Rates and Charges, as last revised, and post securities to insure satisfaction performance of proposed on-site and off-site improvements, including but not limited to,grading,drainage,landscape and irrigation,erosion and sediment control, sewer, water, street, traffic circulation and all appurtenant improvements. (Engr.) 1.4. Storm Runoff, Hydraulic/hydrology Calculations. Priorto approval of each final map or issuance of any grading permit,whichever occurs first,the applicant shall submit to the City Engineer for review, and shall obtain approval for, a Storm Runoff Management Plan prepared by a Registered Civil Engineer. The Runoff Management Plan shall show existing and proposed facilities, shall provide for acceptance of historic drainage from adjacent upstream properties, shall show hydraulic and hydrology studies and calculations and the methods of draining on- site and tributary areas without exceeding the capacity of any impacted street or facility and without affecting existing downstream drainage system. Said study shall be consistent with the City's Master Drainage Plan and in accordance with all applicable City regulations and Orange County Public Facilities & Resources Department (PF&RD)design criteria, and standards. (Engr.) 1.5. Soils/Geology. Prior to approval of each final map or grading permit, whichever occurs first, the applicant shall submit to the City Engineer and Building Official for their review, and shall obtain approval for, a Soils Report/Geotechnical Feasibility Study prepared by a Registered Geologist and Soils Engineer to determine the seismic safety and soils stability of all proposed development improvements for the project and any affected adjacent properties and to provide preliminary pavement sections and substructure bedding/backfill recommendations. (Engr.) 1.6. Wastewater Studer Priorto first final map approval,the applicant shall submit to the City Engineer for review, and shall obtain approval for, a Wastewater Feasibility Study, prepared by a Registered Civil Engineer, which evaluates the proposed development project and mitigates its anticipated impact on the existing Wastewater facilities system. Said study shall be consistent with the City's Master Plan of Wastewater Facilities and the Special Provisions for the Construction of Sanitary Sewers. (Engr.) 1.7. Grading Plans. Prior to approval of the first final map or issuance of any grading permit,whichever occurs first,the applicant shall submitto the Planning Directorfor City review and approval, Mass Grading Plans for the entire project site. Prior to grading permit issuance, City staff shall prepare a grading impact assessment and -7- SP impose appropriate conditions of approval on the grading permit consistent with City Council Policy 422, Standards for Grading Projects to Minimize Impacts. Such grading plans shall be in substantial conformance with the grading concept shown on the approved tentative map and consistent with the requirements of the Comprehensive Development Plan and that all graded slopes throughout the project are blended into the natural terrain. Following City approval of the mass grading plans, and prior to approval of each final map, the applicant shall submit to the City Engineer and Building Official for their review, and shall obtain approval for, final grading plans prepared by a Registered Civil Engineer consistent with the approved mass grading plan. These plans shall demonstrate that all existing overhead power poles within the project property and along its frontage with Rancho Viejo Road will be undergrounded.The plans shall also show, at minimum,the limits of grading,the removal of all overhead utility poles, vacation of corresponding easements and the exact location of proposed underground utilities as approved by the utility agency. Additionally, the plans shall also show the drainage improvement, the private retention/detention basin,sewer,water,trails,parkways,streets and all appurtenant improvements.The extent of the topography shall be extended sufficiently beyond the tract's boundaries to determine the geological and drainage impacts to adjacent properties. A minimum of two feet, measured horizontally shall be maintained between the toe of slopes and the back of sidewalk. The elevations shall correspond with the Orange County benchmark datum. All drainage must be properly conveyed to City approved drainage facilities in accordance with the requirements of the California Regional Water Quality Control Board, San Diego Region. Runoff from Lot"H"shall be intercepted and conveyed onto a drainage system to minimize impact on down- stream adjoining properties. All grading plans shall be subject to review by a third- party Geotechnical consultant retained bythe Cityto ensure adequate Geotechnical stability to the satisfaction of the City Engineer. Any exception shall be subject to review and approval by the City Engineer (Ping. & Engr.) 1.8. Drainage Barrier Between Slopes and Streets. Prior to approval of each final map or issuance of any grading permit, whichever occurs first, the grading and street improvement plans shall show that all street sections located within 20 feet or less from the toe of a slope of 10 feet or more in height are protected from underground water seepage by provision of a positive drainage barrier system, at the applicant's cost, in accordance with City Standard Drawing No. 350. Any exception shall be subject to review and approval by the City Engineer. (Engr.) 1.9. Water Quality/National Pollutant Discharge Elimination System (NPDES). Prior to the issuance of any grading or building permits for projects that will result in soil disturbance of five or more acres of land, the applicant shall demonstrate that coverage has been obtained under California's General Permit for Stormwater Discharges Associated with Construction Activity by providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy -8- SF of the subsequent notification of the issuance of a Waste Discharge Identification (W DI) Number. Projects subject to this requirement shall prepare and implement a Stormwater Pollution Prevention Plan(SW PPP).A copy of the current SW PPP shall be kept at the project site and be available for City review on request. Prior to issuance of any grading and/or right-of-way improvement permits, the applicant shall submit to the City Engineer and Building Official for their review, and shall obtain approval for, Erosion/Sediment Control Plans and programs, prepared by a Registered Civil Engineer, for the regulation and control of pollutant run-off by using Best Management Practices (BMP's). These plans shall show all temporary and permanent erosion control devices,effective planting of graded slopes,practical accessibility for maintenance purposes and proper precautions and fences to prevent public trespass onto certain areas where impounded water may create a hazardous condition. In order to control pollutant run-off, the applicant shall demonstrate to the satisfaction of the City Engineer and Building Official that all water quality best management practices incorporated into the development of this land subdivision shall be designed in accordance with the NPDES standards, and the requirements of Sections F.1.b(2)(b)and F.1.b(2)(c)of the San Diego Regional Water Quality Control Board Order No. R9-2002-0001 and the City's water quality ordinance and Local Implementation Plan. Prior to the issuance of any grading or building permits and/or prior to recordation upon subdivision of land, the applicant shall submit to the City for review and approval a Water Quality Management Plan (WQMP) that: • Addresses Site Design BMP's such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or"zero discharge areas, and conserving natural areas • Incorporates the applicable Routine Source Control BMPs as defined in the DAMP • Incorporates Treatment Control BMPs as defined in the DAMP • Generally describes the long-term operation and maintenance requirements for the Treatment Control BMPs, • Identifies the entity that will be responsible for long-term operation and maintenance of the Treatment Control BMPS, and • Describes the mechanism for funding the long-term operation and maintenance of the Treatment Control BMPs. Prior to grading or building permit close-out and/or the issuance of a certificate of use or a certificate of occupancy, the applicant shall: -9- SP • Demonstrate that all structural best management practices(BMPs)described in the projects WQMP have been constructed and installed in conformance with approved plans and specifications, • Demonstrate that applicant is prepared to implement all non-structural BMPs described in the projects WQMP, • Demonstrate that an adequate number of copies of the projects approved WQMP are available onsite, • Submit for review and approval by the City an Operations and Maintenance (•&M) Plan for all structural BMPs. Any deviation from above requirements shall be subject to City Engineer review and approval. (Engr.) 1.10. Erosion Landscape & Irrigation Plans. Prior to approval of each final map or issuance of any grading permit,whichever occurs first, the applicant shall submit to the City Engineer for review, and shall obtain approval for, landscape and irrigation plans prepared by a Landscape Architect. Said plans shall specify that all plants be drought tolerant and have low fertilizer requirements. The plans shall also specify that all irrigation be controlled to minimize runoff.(Engr.) 1.11. Drainage Improvement Plans. Prior to approval of each final map or issuance of any grading permit, whichever occurs first, the applicant shall submit to the City Engineer for review, and shall obtain approval for, Drainage Improvement Plans specific to the project, which reflect consistency with the City's Drainage Master Plan. These plans shall show locations of all existing and proposed facilities. Detention/retention basins shall be designed to accommodate the 100-year storm flow with an engineered secondary overflow devices.A secondary overflow shall be also provided for storm drain systems designed with sump conditions to preclude flooding of adjoining private an public properties. All proposed street catch basins shall be lined with curb inlet filters or equal devices which meet the National Pollutant Discharge Elimination System (NPDES) requirements and the City Engineer. Storm drain junction structures and catch basins shall be provided with access manholes as deemed necessary by the City Engineer. All drainage must be properly conveyed to a City approved drainage facility. If an existing downstream drainage facility is inadequate, or in the opinion of the City Engineer, is unsafe to properly carry the existing discharge and the anticipated discharge generated by this project, the applicant shall then, at applicant cost, design and implement alternative methods of improvement to properly convey such cumulative discharge, free of debris, in a manner acceptable to the City Engineer.Any deviation from such requirements shall be subjectto City Engineer review and approval. Every proposed drainage system shall be placed within its proper easement and appropriately dedicated. (Engr.) _10- S1 1.12 Public Facility Easement in Lettered Lot Maintained by HOA. Prior to approval of each final map, the applicant shall demonstrate to the satisfaction of the City Engineer that public facilities, such as drainage, sewer and water, are designed to be located within the right-of-way. Any deviation shall require prior authorization from the City Engineer. If facilities are proposed in easements,said easements shall be placed in lettered lots and their surfaces shall be maintained by the Homeowner's Association. Any exception shall be subject to review and approval by the City Engineer. (Engr.) 1.13 Connection to Public Drains must be Documented and Filed. Prior to approval of each final map, the applicant shall demonstrate to the satisfaction of the City Engineer that any proposed connections to existing public drainage system, from on-site drains, must be approved by the City Engineer. (Engr.) 1.14 Dry Utilities (Electric. Telephone. Cable TV, Gas) Prior to approval of each final map, the applicant shall submit to the City Engineer for review, and shall obtain approval for, Electrical, Gas, Telephone and Cable Television installation plans to ensure compatibility with existing and proposed improvements. All utility facilities shall be underground. Vaults, transformers,juncture boxes, or any similar devices shall not be permitted above ground. Any proposal for above-ground utilities shall be subject to City Engineer review and approval. (Engr.) 1.15 Sewer and Water Plans. Prior to approval of each final map, the applicant shall submit to the City Engineer for review, and shall obtain approval for, sewer and water plans prepared by a Registered Civil Engineer. These plans shall be specific to the project and shall reflect consistency with the City's Sewer and Water Master Plans, City standards, specifications and codes, and the Capistrano Valley Water District. The sewer plans shall indicate that all proposed sewer manholes shall be lined with polyurethane, or equal approved material, at the applicant's cost to the satisfaction of the City Engineer(Engr.) 1.16 Street Improvement Plans. Prior to approval of each final map, the applicant shall submit to the City Engineer for review, and shall obtain approval for, street improvement plans prepared by a Registered Civil Engineer. These plans shall show all existing and proposed improvements including, but not limited to, traffic calming devices, side walk, curb & gutter, handicapped ramp, striping, signage, signalization, storm drain, subdrain barrier interceptor, sewer,water and all related appurtenances. Any encroachment into adjacent properties shall require applicant to provide, in writing, all necessary recorded easement documentation and authorization. The street improvement plans shall conform to the City Standards and to the following requirements. a. Street Widths Measurement. Street widths with standard curb & gutter are measured form curb face to curb face. Street widths with rolled curb are measured form flow line to flow line. SP b. Catch Basins and Gutters. For street sections with grades less than or equal to five percent, the maximum distance between catch basins shall not exceed one 1000 feet. For streets sections with grades greater than five percent, the maximum distance between catch basins shall not exceed 750 feet. Catch basins shall be located so that there is no driveway within 20 feet upstream of the catch basin and such that the catch basin will function as intended. Cross gutters shall not be allowed at street intersections if a storm drain is within 300 feet. C. Sidewalks. Sidewalks shall be constructed on both sides of the main spine street but shall not be required along any residential cul-de-sac. Along cul- de-sac streets, the project shall design and install a grassy swale, in compliance with NPDES clean water requirements. d. No Obstructions in Sidewalks. In compliance with the American with Disabilities Act (ADA) requirements, there shall be no obstruction in any sidewalk or parkway which reduces the width to less than four feet. e. Potential Gated Entries. Streets that may serve as potential gated entries shall be designed in accordance with Municipal Codes 8-13.101 et seq. to accommodate such improvements in conformance with City standards. There shall be a minimum of two lanes at the call box, entering into the project, with a minimum width of 14 feet each. There shall be a minimum of two lanes at the call box, exiting the project, a combined left-tum and through lane, and a right-turn lane. The turn-around radius shall be a minimum 30 feet. A minimum of 100 feet shall be provided between the projection of the cross-street curb face and the proposed call box. f. Street Lights. Street lights shall be provided, with Mission Bell fixtures on marbelite poles. g. Decorative pavement Noise.The applicant shall use decorative pavers which shall be "non-raised" so as to prevent pavement noise impacts and control vehicular tire noise. Pavement treatment shall be subject to the review and approval of the City Engineer. h. Ganado Road Connection to Street "F". The subject street connection shall be designed, constructed, and maintained so as to provide emergency access only between the proposed project and the Ganado-Galano neighborhood. L Rancho Viejo Road Improvement and Widening. the applicant shall submit to the City Engineer for review, and shall obtain approval for, separate street improvement plans for Rancho Viejo Road, prepared by a Registered Civil Engineer. These plans shall show all existing and proposed right-of-way, -12- S1 street improvements and widening to a secondary arterial standard including but not limited to the provision of a north-bound right turn deceleration lane and a south-bound left turn lane, concrete side walk, bicycle path, curb & gutter, handicapped ramp, equestrian trail, striping, signage, signalization, storm drain, subdrain barrier interceptor, sewer, water and all related appurtenances. The street improvement plans shall conform to the City Standards and requirements. Any exception or deviation from the above requirements shall be subject to review and approval by the City Engineer (Engr.) 1.17 Traffic Improvement Plans. Prior to approval of the first final map, the applicant shall submit to the City Engineer, for review, and shall obtain approval of, traffic improvement plans prepared by a Registered Traffic Engineer. These plans shall show the striping, signage, signalization and all related appurtenances. Accompanying Traffic Control Plans shall be required prior to commencement of any street improvement work.Any exception or deviation to the above requirements shall be subject to review and approval by the City Engineer. (Engr.) 1.18 Tentative Compliance and Closure Calculations. Prior to approval of each final map, the applicant shall submit to the City Engineer for review, and shall obtain approval of, a final map in substantial compliance with the approved tentative map. Said map shall be accompanied with traverse closure calculations, a plotted American Land Title Association (ALTA) survey and an updated Title Search Report. Any exception or deviation to the above requirements shall be subject to review and approval by the City Engineer. (Engr.) 1.19 Home wnersAssociation-MaintainedImprovements. Priortoapprovalofeachfinal map, the applicant shall indicate on the final map that all improvements, including but not limited to, streets, drainage, street lights, street signage, striping improvements, lettered lots, graded slopes, landscaping, and irrigation facilities within the interior of this subdivision, designated as private, shall be maintained by the master association and/or sub-association or shall make other provisions for maintenance to be approved by the City. (Engr.) 1.20 Dedications and Maintenance Responsibility. Prior to approval of each final map, the applicant shall indicate on the final map,to the satisfaction of the City Engineer, all appropriate dedication and access rights, stating their purposes and their maintenance responsibilities. (Engr.) 1.21 Public Land Dedications. The applicant shall dedicate, at no cost to the City, and indicate on the Final Map, the ultimate right-of-way for Rancho Viejo Road in accordance with the Master Plan of Arterial Highways which shall also accommodate a thirteen foot (13'-0") wide deceleration lane designed to City Standards and per City-approved plans (Engr.). -13- SP 1.22 Access Release. Prior to first final map approval, the applicant shall release and relinquish to the City, on the Final Map, all vehicular access rights to Rancho Viejo Road except at street intersections and City approved driveway locations. (Engr.). 1.23 Trail and Bikeway Dedications. Prior to approval of the applicable final map(s),the applicant shall dedicate the required trail and bikeway easements on the final map or maps. Any deviation to the trail requirements shall be subject to review and approval by the City Engineer. The applicant shall construct all bikeway and trail improvements, at no cost to the City, in accordance with the applicable City Standards and the Equestrian/Hiking Trail Design Manual or to the satisfaction of the City Engineer. Trails are to be fenced and motorcycle barriers provided wherever vehicular access is possible. Sureties shall be provided for 100% of the construction cost of the trails and bikeway. Trail and bikeway grades shall not exceed 8% except at street crossings where they shall not exceed 5%. Prior to approval of the first final map, the developer shall provide evidence of SDG&E approval of the proposed trail and private street improvement plans located within the existing SDG&E easement,and any corresponding publictrail easements to be conveyed to the City. Belford-Marbella General Plan Trail: Priorto approval of the applicable final map(s), the applicant shall submit improvement plans for the proposed Belford-Marbella Trail. Said trail,within Lots N, G and J of Tentative Tract 16221, shall be graded to connect to the existing trails within Lots 55 and 56 of Tract 9382 and Lot D of Tract 12954. Said trail shall be improved to a 20'width, except within cross-slope areas exceeding 15% wherein the trail shall be designed to a 10' width. However, all General Plan trail easements shall be 20'wide and dedicated on the applicable final map to the City. Prior to grading plan or final map approval,the proposed alignment within Lot J, shall be staked in the field and reviewed and approved by the City Engineer. The type of paving at street crossings shall be reviewed and approved by the City Engineer. Prior to approval of the applicable final map(s), the applicant shall provide surety for construction of the Belford-Marbella Trail. Said trail shall be graded during the mass grading of the site. Within two years of issuance of the first building permit or prior to issuance of the final occupancy permit for Lots 76-87, whichever occurs first, the applicant shall complete construction of the entire "Belford-Marbella" Trail improvements. If deemed necessary by the City Engineer, improvements at the two street crossings may be postponed until the street improvements are installed. Woods Lane Feeder Trail: Prior to applicable final map approval,the applicant shall submit improvement plans for the Woods Lane Feeder Trail,connecting the Woods Lane neighborhood to the Marbella-Belford General Plan Trail. The trail shall extend from Lot M, though Lot J of Tentative Tract Map 16221, connecting to the -14- S Marbella-Belford General Plan Trail. The feeder trail shall be 10' in width, within a 10' wide easement, dedicated on the Final Map to the City. Rancho Viejo Road Feeder Trail: Prior to applicable final map approval, the applicant shall submit improvement plans for the Rancho Viejo Road Feeder Trail, within Lots A and M of Tentative Tract 16221, extending from Ganado Road, north to the Woods Lane Feeder Trail. The feeder trail shall be incorporated within the 13'-0" multi-purpose trail easement. Ortega Neighborhood Feeder Trail: Prior to applicable final map approval, the applicant shall submit improvement plans forthe Ortega Neighborhood FeederTrail located between Lots 54 and 55 and within Lots 67 and N of Tentative Tract 16221. The feeder trail shall connect Street G to the Marbella-Belford General Plan Feeder Trail. The feeder trail shall be 10' in width within a 10' easement dedicated on the applicable final map to the City. The following maintenance provisions shall be included within the CC&R's for Tentative Tract Map 16221 and shall apply to all General Plan trails and feeder trails: a. Provision for maintenance of the Belford-Marbella General Plan Trail and all Feeder Trails within the tract (or tracts) by all Homeowner's Associations within Tentative Tract 16221. b. Provision requiring City approval of any amendment to the CC&R's that will, in any manner, affect the integrity of the General Plan or Feeder Trail design standards or level of maintenance. C. Provision requiring that all trail maintenance conform to the maintenance standards per the City's adopted Equestrian/Hiking Trail Design Manual. d. Provision within the CC&R's that gives the City the right to assume maintenance of the equestrian/hiking trails if the City determines that the Homeowner's Association has not maintained the trails at the minimum standard, as defined by the Equestrian/Hiking Design Manual. Furthermore, if the City assumes maintenance of the trail system, all costs, including administration, shall become a lien on each property or residential lot within the subdivision. Rancho Viejo Bikeway: The applicant shall dedicate realigned easements at street intersections on the applicable final map. Realignment of the Bikeway and replacement of the existing asphalt bikeway with concrete shall be shown on the Street Improvement plans. Striping and signage for the bikeway shall be included on the Striping Improvement Plan. -15- (Zp 1.24 CC & R's. Prior to approval of each final map, the applicant shall submit the Planning Director, City Engineer, and City Attorney for review, and shall obtain the approval for, a set of Covenants, Conditions and Restrictions (CC&R's). Said CC&R's shall be recorded with the final map and shall include, but not be limited to, the following: a. Creation of a Homeowner Association(HOA) and/or a Sub-Association for the purpose of providing for control over the uniformity of boundary fencing, and the perpetual maintenance responsibility of areas including, but not limited to, all common areas,open space, project entries,the equestrian trail along Rancho Viejo frontage, slopes, fuel modification zones, private medians and greenbelts, irrigation systems, landscaped areas, detention basins, walls, driveways, parking areas, structures, private streets, street lights,drainage facilities,and all other areas to be owned and maintained by the HOA and/or Sub-association.All improvements, including but not limited to, streets, drainage, street lights, street signage, striping improvements, parks, graded slopes, landscaping, and irrigation facilities within the interior of the subdivision designated as private shall remain private and shall be maintained by the HOA and/or Sub-association, or shall make other provision for maintenance, as approved by the City Council. (Engr.) b. The establishment of setback and height requirements for additions and accessory structures conforming to the development standards of the Comprehensive Development Plan for the project and the San Juan Capistrano Land Use Code. (Ping.) C. A statement indicating that open space (as provided in the lettered lots on the tentative map) shall be retained as indicated on the final map by the Homeowners Association,or other entity approved by the City,as designated open space with no structures allowed in perpetuity and maintained by a Homeowner Association and/or the Sub-association or other entity approved by the City, and that no development or encroachment shall be permitted within the designated open space, except as permitted for the Open Space district in the project's Comprehensive Development Plan. (Ping.) d. A statement indicating that proposed amendments to any of the CC&R's shall be submitted for review to the Planning Director and that, if the Director determines that the amendment affects any project conditions of approval or other City regulations or requirements,the amendment will then require City Council approval prior to the amendment becoming valid. (Ping.) e. Fire prevention and defense provisions including: 1) a fire lane map, if required by the Fire Chief; 2) provisions which prohibit parking in fire lanes and a method of enforcement; 3) provisions for maintenance of fuel modification zones including the removal of all dead and dying vegetation -16- SI and the inspection and correction of any deficiencies in the irrigation system three times a year;4)a method for keeping fire protection access easements unobstructed; and 5) a requirement for approval of the Fire Chief for modifications such as installation of speed humps or bumps, control gate changes, or parking changes. (Fire) f. Criteria for maintenance of and prohibition of building construction or ornamental landscaping within private drainage facility easements, slopes and fuel modification zones within the project by the HOA (Engr.) g. A Surficial Soil Remediation Program consistent with the Title 9, Chapter 10 of the Municipal Code. (Engr.) h. Provisions for maintenance by the homeowners association of all private drainage facilities, including retention/detention basins,that are made a part of the National Pollutant Discharge Elimination System (NPDES) permit issued by the City, and for inspection of open channels and catch basins annually. In addition, a provision shall be included which establishes a separate fund for the sole purpose of maintaining such facilities. (Engr.) L A provision that gives the City the right to assume maintenance of any NPDES facilities,if the City determines that the homeowners association has not maintained said facilities in accordance with the permit requirements,and that, in such event, the homeowners association shall be financially responsible to pay City for the costs the City incurs in such maintenance role. (Engr.) j. A provision that requires City approval of any amendment to the CC&R's that will, in any manner, affect the maintenance, function, or integrity of NPDES facilities. (Engr.) k, A statement indicating that by October first of every year, annual fiscal year reports will be furnished to the City in compliance with the reporting requirements of codes and ordinances adopted by the City with respect to the NPDES program. (Engr.) 1.25 Construction Cost Estimates. Prior to approval of each final map,the applicant shall submit to the City Engineer for review, and shall obtain approval for, an estimate of quantities and construction costs prepared by a Registered Civil Engineer of all proposed improvements associated with this development. Said estimates shall include, but not be limited to, the costs for construction of all street improvements, signing and striping, traffic signals, street lights, on-site and off-site storm drains, water and sewers, landscape, irrigation systems, recreational trails, and the setting of survey monuments and centerline ties. Any exception to or deviation from this condition shall be subject to review and approval by the City Engineer. (Engr.) _17_ �P 1.26 Bonding and Securities. Prior to approval of each final map, the applicant shall execute a Subdivision Improvement Agreement with the City and shall provide performance bonds/securities for 100 percent of each estimated improvement cost, as prepared by a Registered Civil Engineer and approved by the City Engineer and City Attorney for improvements including, but not limited to, street improvements, signing, signalization, striping and street lights; storm drains, sewer, recreational trails, landscaping and irrigation in rights-of-way, private slopes, and open space. In addition,the applicant shall provide labor and materials bonds/securities for 100 percent of the above estimated improvement costs, as determined by the City Engineer. (Engr.) 1.27 Soils Subsidence Remediation Program. Prior to approval of the first final map, the applicant shall comply with the provisions of Title 9, Chapter 10, Soils Subsidence Remediation Program to the satisfaction of the City Engineer. Said program shall include the formation of a Geological Hazard Abatement District, for any catastrophic soil displacement.The program shall also include the incorporation into the Conditions, Covenants and Restrictions (CC&R's) of the Master Home Owners Association or sub-associations, the remediation to surficial soil displacement, as required by separate condition, herein. (Engr.) 1.28 Submission of Digital Map, Prior to recordation of the Final Map,the applicant shall submit for review, and shall obtain approval from the Orange County surveyor, of a digitized map pursuant to Orange County Ordinance 3809 of January 28, 1991. The applicant shall pay for all cost of said digital submittal, including supplying digital copies to the City, of the final County Surveyor approved digital map in DXF format. In addition, the applicant shall provide the City with digitized copies of all improvement (as-built) plans. (Engr.) THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF THE GRADING AND/OR RIGHT-OF-WAY IMPROVEMENT PERMITS: 2.1 Permits Required. Prior to the commencement of anykind of grading or construction activity,a permit shall be required.All improvement work,whether performed on-site or off-site, shall require a permit to ensure the integrity and safety of all existing and proposed improvements affected by the permit's construction activities. (Engr.) 2.2 Mylar of Final Mao. Prior to issuance of grading and right-of-way improvement permits subsequent to final map recordation, the applicant shall submit to the City Engineer a reproducible copy/mylar of the project's recorded final map. The applicant shall also submit for review, and shall obtain approval of, the Orange County surveyor of a digital Map pursuant to Orange County Ordinance 3809 of January 28, 1991. the applicant shall pay for all costs of said digital submittal, including supplying digital copies to the City of the final County Surveyor-approved digital map in DXF format.All Digital Submissions shall conform to the latest edition of the City of San Juan Capistrano Digital Submission Standards. (Engr.) -18- SF 2.3 Source Reduction and Recycling Act of 1989 (CIWMB) Prior to the issuance of grading permits, the applicant shall submit a written waste management plan, in a form acceptable to the City, and show on the grading/site plans, the location of receptacle(s) to accumulate on-site generated solid waste for recycling purposes. The project shall provide adequate space to accommodate on-site source separation of solid waste during both pre and post-construction activity. Prior to issuance of any building permits, the building permit site plans shall depict the areas for recycling space allocation consistent with Section 9-3.537 of Title 9, Land Use Code. Prior to issuance of any Certificate of Occupancy the applicant shall submit solid waste generation,disposal, and recycling records for constriction-generated waste. (Engr./C.M.) 2.4 Grading Access and Haul Route Plan. Prior to issuance of mass grading and right- of-way improvement permits, the applicant shall submit to the City Engineer for review, and shall obtain approval of: (Engr.) a. An on-site plan showing location of the access point, for the earth moving and grading equipments and for workers' vehicles entering and exiting the site. b. An off-site haul route plan for soil importation/exportation circulation and for heavy construction related deliveries. The haul route plan shall specify the dates and times and headways for hauling activities in compliance with all applicable City standards. The City Engineer may require a security deposit in conjunction with approval of the haul route plan. 2.5 Mitigation of Drainage and Grading Problems. Prior to issuance of grading and right-of-way improvement permits, the applicant shall adhere to the following conditions during the entire grading and construction operation (Engr.): a. If any drainage problem is anticipated or occurs during construction, the applicant shall provide and implement a solution acceptable to the City Engineer, at no cost to the City, and shall submit a recorded instrument to insure the durability of the solution b. Any grading work beyond the limits of grading shown on the approved grading plans shall require a written approval from the City Engineering and Building Director and shall be subject to a supplemental Geotechnical Soils Report and additional fees. 2.6 Construction Phasing and Mitigation Program. Prior to issuance of grading and right-of-way improvement permits,the applicant shall pay a cash deposit for erosion SP control and clean up purposes in an amount to be determined by the Building Official, and shall prepare and adhere to a Construction Phasing and Mitigation Program,approved bythe Planning Directorand Building Official containing,but not limited to, the following controls: (Engr. & Ping.) a. Grading Activity: 1. Haul route for the movement of on and off-site of heavy earth-moving equipment. 2. Location of assembly and storage/service areas for heavy earth- moving equipment and limits of hours of operation. 3. Control of worker access to site, including hours of work, limits on noise sources, and dust and soil import/export. 4. Compliance with environmental mitigation measures, including stockpiles and dust impacts. 5. Compliance with the City policy on grading impacts, including "Impact Analysis"and a landscape schedule to insure early implementation of planting along existing residential frontages 6. A schedule and the method of performing the grading,stockpiling and construction of all improvements in each phase. b. Enforcement: 1. The Planning Director and Engineering and Building Director may modify the Construction Phasing and Mitigation program standards if on-site observations indicate that construction activities are creating a nuisance to adjacent property. 2. The applicant shall hire a project enforcement person approved bythe Engineering and Building Director to ensure compliance with the Construction Phasing and Mitigation Program. 3. If the City determines that the applicant is in violation of the approved construction Phasing and mitigation program, the Planning Director and/or the Engineering and Building Director are authorized to shut down the project by reason of said violation. THE FOLLOWING CONDITION SHALL BE SATISFIED PRIOR TO ISSUANCE OF BUILDING PERMITS: -20- S1 3.1 Payment of Fees . Prior to the issuance of Building Permits (other than model homes), the applicant shall fulfill all applicable engineering fee requirements, including but not limited to the Capistrano Circulation Fee Program, Sewer Capacity Fees, Agricultural Preservation Fees in accordance with the City Municipal Codes and Policies as last revised. (Engr.) 3.2 Fair-Share Circulation Improvement Participation for Rancho Viejo Road-Ortega Highway. In accordance with the executed Subdivision Improvement Agreement, and prior to issuance of the first (1")building permit, other than model homes, the applicant shall pay for the project's pro-rata share of traffic generated, as determined in the City-approved traffic study, for the following improvement. This financial participation shall be in addition to paying Capistrano Circulation Fee Program (CCFP)fees. The applicant's financial participation shall include right-of- way acquisition, design, and construction including, but not limited to, grading, streets, sidewalks, landscaping, retaining walls, drainage structures, utility relocation, and traffic signal improvements in accordance with the City's Master Plan of Streets and Highways. This condition is necessary because the Environmental Impact Report (EIR) traffic impact analysis identified this improvement as a cumulative impact mitigation measure but the improvement has not been anticipated by or included in the Capistrano Circulation Fee Program (CCFP) program. (Engr.). Location: Rancho Viejo Road @ Ortega Highway: Financial Participation: towards the construction of a second northbound left-turn lane on Rancho Viejo Road. 3.3 Off-Site Circulation Improvement Construction Requirements (subject to partial financial reimbursement). In accordance with a schedule established by the executed Subdivision Improvement Agreement,and priorto issuance of the building permit indicated in the table below,for other than model homes, the applicant shall design and construct and be initially responsible for all the cost of the off-site improvements listed below to their ultimate standard configurations in accordance with the City's Master Plan of Streets and Highways and to the satisfaction the City Engineer. All easements,right-of-way acquisitions,dedications and permits needed from any agencyto accommodate said improvements listed below shall be obtained by the applicant,with City's assistance, at no initial cost to the City. Upon a written request from the applicant,the City will enter into a Partial Financial Compensation Agreement to partially repay the applicant from the Capistrano Circulation Fee Program (CCFP)over a period of time after the completion of the last improvement of the items listed below in accordance with the CCFP's Methodology& Developer Financial Compensation Policy, as implemented and last revised. The applicant shall provide performance bonds/securities for 100 percent of each estimated improvement cost as prepared by a Registered Civil Engineer and approved by the City Engineer and City Attorney. In addition, the applicant shall provide labor and materials bonds/securities for 100 percent of the above estimated improvement -21- S P 21_SP costs as determined by the City Engineer. Any deferral in the timing of this condition, due to unforseen delays caused by outside regulatory agencies, shall be subject to review and approval by the City Engineer. (Engr.) Location Improvement Timing of Improvements a. Ortega Construct an eastbound The applicant shall apply for Highway @ 1-5 right-turn lane on Ortega Caltrans encroachment permit Southbound Highway for traffic within thirty (30) days following Ramps movement from Ortega approval of any final map. Highway eastbound to 1-5 southbound. Complete construction of improvements prior to issuance of the seventy-sixth(7611)building permit. b I - 5 Construct an additional The applicant shall apply for Northbound Off- northbound lane on the 1-5 Caltrans encroachment permit Ramp @ Ortega Off-Ramp and restripe to within thirty (30) days following Highway: provide two right turn approval of the project's final lanes. map. Complete construction of improvements prior to issuance of the seventy-sixth(76'")building permit. c . Ortega Construct an eastbound Begin construction of Highway @ Del right-turn lane on Ortega improvements prior to the Obispo Street: Highway for traffic issuance of the first (V) building movements from Ortega permit. Complete construction of eastbound to Del Obispo improvements prior to issuance southbound. of the thirty-eighth (38") building permit. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY 4.1 Filing of Property Corner Survey Records. Prior to issuance of a certificate of occupancy for the first home within the project (other than model homes), the applicant's surveyor shall file the appropriate property corner survey records with the County Surveyor and show written confirmation indicating compliance with the County Recorder, as required by Section 8771 of the Business and Professions Code. Any deviation from this condition shall be subject to approval by the City Engineer. (Engr.) -22- S1 4.2 Completion of all Improvements to the City's Satisfaction. Prior to issuance of a certificate of occupancy (C of •) for the first home within each construction phase of the project (other than model homes), the applicant shall complete, to the satisfaction of the City Engineer, all facility improvements required of this development to serve each construction phase, including the undergrounding of overhead utility in accordance with City-approved improvement plans. All construction shall be completed in accordance with the City approved Construction Phasing and Mitigation Program. Any deferral in the timing of this condition shall be subject to review and approval of the City Engineer. (Engr.) Prior to final map approval, the applicant shall provide a cash bond for the cost of resurfacing the entire Rancho Viejo Road street section along the full frontage of Tract 16221. Following completion of all project construction,the City Engineer shall inspect the pavement condition of Rancho Viejo Road. If the City Engineer determines that the road requires resurfacing, the applicant shall resurface the entire Rancho Viejo Road street section fronting Tract 16221. (Engr.) THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF PERFORMANCE SECURITIES 5.1 Provide As-Built Mylars. Prior to acceptance of the works of improvements and release of performance securities, the applicant shall submit to the City Engineer for review, and shall obtain approval of,the reproducible"as-built"mylar plans of all on-site and off-site improvement works completed and accepted. Said plans shall be prepared by a Registered Civil Engineer. Also, the applicant shall submit digital copies of all as-built plans that call out any deviations from the City approved plans, including all domestic water system,non-domestic water system,and the landscape irrigation system in accordance with the latest edition of the "City of San Juan Capistrano Digital Submission Standards" (Engr.) 5.2 Videotape of Sewers and Storm Drain Pipes. Prior to acceptance of improvements and release of performance securities, the applicant shall submit to the City Engineer for review, and shall obtain approval for, a video tape, filmed in the presence of a City Staff representative/inspector, of all sewer and drainage improvements. The videotape shall become the property of the City. (Engr.) 5.3 Monumentation and Corner Records. Prior to acceptance of improvements and release of performance securities, the applicants surveyor shall set all required monumentation and re-establish any damaged ordestroyed monumentation during construction. Monumentation, street centerline ties and appropriate comer records shall be submitted to the City Engineer and filed with the County Surveyor in compliance with AB 1414 and Sec. 8771 of the Business and Professions Code. (Engr.) -23- SP THE FOLLOWING CONDITIONS SHALL BE ONGOING UNTIL SATISFIED: 6.0 Legal Defense. The applicant, its agents, and assignees shall defend, indemnify and hold harmless the City of San Juan Capistrano, its elected and appointed officials and employees, and its contract consultants, from any claim, action or proceeding to attack, set aside, void, or annul any land use approval associated with this project, including but not limited to environmental impact report requirements under CEQA, rezoning approvals,subdivision map approvals,orother applicable City Municipal Code Title 9 land use approvals. Upon notice provided by City to the applicant, its agents, or assignees, of service of process of such claims or actions, the project proponent, its agents, and assignees, shall immediately act to provide an appropriate defense to such claims or actions. (Ping. & Engr.) Public Works (water facility) conditions of approval PRIOR TO FINAL MAP APPROVAL BY CITY COUNCIL: 1.1 The applicant shall pay all applicable Domestic and Non-Domestic (Recycled) Water Development Charges, as last revised, and post the required securities in compliance to Capistrano Valley Water District (CVWD) standard specifications. 1.2 The applicant shall be responsible to dedicate all water rights, public water facilities, and any required water easements to CVWD at no cost to CVWD, in accordance CVWD standard specifications. These water rights,public water facilities,and water easements shall be dedicated to CVWD on the Final Map. 1.3 The applicant shall be responsible to dedicate Lot 125 to CVWD at no cost to CVWD,fora proposed water Booster Pump Station and a water Pressure Reducing Station and/or other water related facilities. The minimum pad area shall be a least 50' wide x 65' deep. 1.4 The applicant shall be responsible to dedicate a water 50-foot wide easement to CVWD, at no cost to CVWD, from Rancho Viejo Road through the open space lot to Lot 125 and from said lot to proposed Street B and Lot M. 1.5 The applicant shall be responsible to dedicate a water easement to CVWD, at no cost to CVWD, through Lot M. 1.6 The applicant shall be responsible to obtain a minimum of 20-foot wide water easements from the affected property owners for a high pressure water main from Golf Club Drive to the subject tract. The alignment shall be in a paved road, or in undeveloped areas with a slope of less than 1:4 (rise:run), or other condition acceptable to CVWD Engineer. -24- SF 1.7 The applicant shall be responsible to dedicate a water easement to CVWD, at no cost to CVWD, from Street H to Street J. 1.8 The applicant shall be responsible to dedicate a water easement to CVWD, at no cost to CVWD, from Street F and through Lot F to existing Ganado Road. 1.9 The applicant shall dedicate Lot 125 (booster pump station)to the City/CVWD free and clear of any encumbrances and Lot 125 shall be exempt of conditions of the HOA CCR's. PRIOR TO ISSUANCE OF GRADING AND RIGHT-OF-WAY IMPROVEMENT PERMITS: 2.1 The applicant shall be responsible to obtain,from the Orange County Fire Authority the required fire flow demands and fire protection requirements to service said Tentative Tract Map (TTM) 16221. 2.2 The applicant shall be responsible for the design and permitting of domestic and non-domestic (recycled) water systems in accordance with CVWD standard specifications, and professionally-accepted engineering principles and practices. 2.3 The applicant shall be responsible to provide two sources of water supply for all of the proposed TTM 16221 water pressure zones. The proposed water system shall integrate with the surrounding water systems. 2.4 The applicant shall be responsible forthe design of water improvements necessary to provide for domestic water facilities adequate to provide the required fire protection water facilities and domestic water demands. The applicant shall submit a hydraulic analysis which supports said water demands: 2.5 During grading operations the applicant shall be responsible to construct any necessary water main caps or plugs with thrust blocks and temporary water mains in compliance with CVWD standard Specifications thatwould be necessary to avoid a disruption of water service to existing customers related to the proper removal and legal disposal of any conflicting water main pipelines. 2.6 The applicant shall submit to the City Engineer and CVWD Engineer,for review and obtain approval for the Sewer and Water Plans prepared by a Registered Civil Engineer. These plans shall include, but not limited to the requirements related to water improvements. 2.7 The applicant shall enter into an improvement and reimbursement agreement for the reconstruction of surrounding offsite waterfacilities related to the improvements for TTM 16221. -25- SP GENERAL WATER DISTRICT ISSUES 3-1. The water main pipelines for both domestic and non-domestic (recycled) water facilities within the tract's improvements shall have a minimum diameter of 8-inch for looped systems and 12-inch diameter for single source water systems, unless otherwise determined by the CVWD Engineer. 3-2. All water main pipelines, through open space areas, shall be fully welded steel water mains that are cement mortar lined & coated (CML&C) with a suitable cathodic protection corrosion resistant water system as approved by the CVWD Engineer. 3-3. The applicant shall responsible to design the following domestic water main connections and pipelines, unless otherwise determined by the CVWD Engineer: a) The applicant shall be responsible for the design of water improvements to serve the domestic water facilities that are adequate to provide the required fire protection water facilities and domestic water demands. The applicant shall submit a hydraulic analysis which supports the ability to provide said water demands. b) The applicant shall be responsible to design water improvements and connections to Rancho Viejo Road through Lot M, TTM 16221. c) The applicant shall be responsible to design the water mains, connections, and provide the required water easements from the north end of Ganado Road and along easterly boundary of proposed TTM 16221 with water main connections to the proposed TTM 16221 water system. d) The applicant shall be responsible to design water facilities that will require a connection to the 575 Hydraulic Gradient(HGL)pressure zone at Golf Club Drive and Via Festivo. The applicant shall provide a hydraulic analysis and calculations to validate the suitability of the proposed water system. e) The applicant shall be responsible to design all required pressure reducing stations (PRS) with the necessary piping and appurtenances required to serve an acceptable range of water pressure. This shall include, but shall not be limited to, the following: i) A PRS between the existing 575 HGL and the proposed 450 HGL to be located at Golf Club Drive and Via Festivo. ii) A PRS between the properties upper and lowerwater pressure zones. -26- SF iii) A PRS between the proposed TTM 16221 lower water pressure zone and the existing 314 HGL to be located in Lot F, TTM 16221, near the northern terminus of Ganado Road. NOW DOMESTIC (RECYCLED) WATER IMPROVEMENTS 4-1. The applicant shall be responsible to design the following non-domestic (recycled) water main connections and pipelines, unless otherwise determined by the CVWD Engineer: a) The landscape/irrigation improvements shall be in accordance to the municipal code for Water Conservation Landscape, section 9-3.617 and CVWD's "Rules and Regulations For Users of Non-Domestic Water'. b) A 12-inch non-domestic (recycled)water main pipeline to serve the irrigated slopes and landscape areas with individual private booster pumps installed after the certain water meters that are to serve landscape areas above 250' in elevation. c) A suitably sized Reduced Pressure Principal Assembly connection from the proposed domestic water main pipeline to the proposed non-domestic (recycled)water main pipeline. a) Construct a connection to the existing non-domestic (recycled) water main located in Rancho Viejo Road and connect to the proposed non-domestic (recycled) water system to serve TTM 16221. 4-2. For Lot 127, the applicant shall be responsible for designing a 6-inch sewer lateral with clean out for the future site improvements, unless otherwise determined by the CVWD Engineer. PRIOR TO ISSUANCE OF BUILDING PERMITS: 5.1 The applicant shall complete all design, construction, dedication of property and easements, and comply with the terms of any Developer Agreements and detailed in prior sections of the resolution. If a water improvement construction phasing plan is to be implemented, the phasing plan shall be submitted to the City Engineer and CVW D Engineer for approval. PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY: 6.1 Prior to the acceptance of water improvements and release of performance securities, the applicant shall submit to the City Engineer and CVWD Engineer for review and obtain approval for reproducible "Record Drawing" Mylar Plans that call out any deviations from the signed plans of all the domestic water system, non- -27- SP domestic (recycled) water system, the landscape irrigation system, and Lot 127, TTM 16221 improvements. These "Record Drawings" are also required to be provided to the City and CVW D in digital format, in accordance with the"City of San Juan Capistrano Digital Submission Standards'. Orange County Fire Authority conditions of approval F-1. Prior to the recordation of a final map, the applicant shall submit to the Fire Chief evidence thatthe location of the nearest fire hydrant is in compliance with applicable requirements. F-2. Prior to the issuance of a building permit, the applicant shall provide evidence of adequate fire flow. The Orange County Fire Authority Water Availability for Fire Protection form shall be signed by the applicable water district and submitted for approval to the Orange County Fire Authority. If sufficient water to meet fire flow requirements is not available, an automatic fire extinguishing system may be required in each structure affected by insufficient fire flow. F-3 Prior to the recordation of a final, a note shall be placed on the map stating that all multifamily residential structures;all single-family structures exceeding 5,500 square feet per amendment; and all structures exceeding fire department access requirements shall be protected by an automatic fire sprinkler system, in a manner meeting the approval of the Fire Chief. F-4 Prior to the issuance of a building permit, the applicant shall submit plans for any required automatic fire sprinkler system in any structure to the OCFA for review and approval. F-5 Prior to the issuance of a certificate of use and occupancy, this system shall be operational in a manner meeting the approval of the Fire Chief. F-6 Prior to the recordation of a final map,the applicant shall obtain approval of the Fire Chief for all fire protection access easements and shall dedicate them to the County. F-7 Prior to the issuance of any grading permits, the applicant shall submit and obtain approval of plans for all roads, streets and courts, public or private, from the Fire Chief in consultation with the City Staff. The pians shall include the pian view, sectional view, and indicate the grade and width of the street or court measured flow line to flow line. All proposed fire apparatus turnarounds shall be approved by the Fire Chief and if needed, clearly marked when a dead-end street exceeds 150 feet or when otherwise required. Applicable CC&R's, or other approved documents, shall contain provisions which prohibit obstructions such as speed bumps/humps, control gates or other modifications within said easement or access road unless prior approval of the Fire Chief is granted. -2g- SF F-8 Prior to the issuance of a building permit, the applicant shall submit plans and obtain approval from the Fire Chief for fire lanes on required fire access roads less than 36 feet in width. The plans shall indicate the locations of red curbing and signage. A drawing of the proposed signage with the height, stroke and color of lettering and the contrasting background color shall be submitted to and approved by the Fire Chief. F-9 Prior to the issuance of any certificate of use and occupancy, the fire lanes shall be installed in accordance with the approved fire lane plan. The CC&R's, or other approved documents, shall contain a fire lane map and provisions which prohibit parking in the fire lanes. The method of enforcement shall be documented. F-10 Prior to the issuance of a preliminary grading permit, the applicant shall obtain the approval of the Fire Chief, in consultation with the City Staff, of a conceptual fuel modification plan and program. F-11 Prior to the issuance of any precise grading permit, the applicant shall obtain the approval of the Fire Chief, in consultation with the Manager, Subdivision and Grading Services, of a precise fuel modification plan and program. The plan shall indicate the proposed means of achieving an acceptable level of risk to structures by vegetation. F-12 Prior to the issuance of a building permit,the developer shall have completed, under the supervision of the Fire Chief,that portion of the approved fuel modification plan determined to be necessary by the Fire Chief before the introduction of any combustible materials into the project area. Approval shall be subject to on-site inspection. F-13 Prior to the issuance of any certificate of use and occupancy, the fuel modification shall be installed and completed under the supervision of the Fire Chief. Further, the installed fuel modification plant pallet shall be established to a degree meeting the approval of the Fire Chief. The CC&R's, or other approved documents, shall contain provisions for maintaining the fuel modification zones including the removal of all dead and dying vegetation subject to triennial inspections. F-14 Prior to the issuance of any grading permits, the applicant shall submit and obtain the Fire Chiefs approval for the construction of any gate across required fire authority access roads/drives. Contact the Orange County Fire Authority at (714) 744-0499 for a copy of the "Guidelines for Design and Installation of Emergency Access Gates and Barriers." F-15 Prior to the issuance of a building permit for combustible construction, the builder shall submit a letter on company letterhead stating that water for fire-fighting purposes and the all weather fire protection access roads shall be in place and -29- �P operational before any combustible material is placed on-site. Approval shall be subject to an on-site inspection prior to the issuance of a building permit. PASSED, APPROVED AND ADOPTED this 3 d day of une 2003. ATTEST: ^ 11 RGARET R. MONAHAN, CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN,appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No.03-06-03-01 was duly adopted by the City Council of the City of San Juan Capistrano at a regular meeting thereof, held the 3rd day of June 2003, by the following vote: AYES: COUNCIL MEMBERS: Hart, Swerdlin, and Mayor pro tem Soto NOES: COUNCIL MEMBERS: Bathgate and Mayor Gelff ABSTAIN: COUNCIL MEMBERS: None A ET R. MONAHAN, City Clerk -30- SF ��• � � �- � ,i �. .� .� � �''� 1. v�H� _ ll .,.� f, �i4/ r+ �g� � f �r � � .�. �;� ���� � � 1 }? , � .. r�� ,i , � � � �, t YJ � ��II� � � � ' '" '�` ,� , _ .. �, �, � ilf�e�llf�,� ii r�7 ,.� ��. �,�/yam -- *%l�_-�� dww,�� 32400 PASEO ADEI✓aNTO SAN JUAN CAPISTRANO,CA 92675 },5' IA[OAiuAA1E0 MEMBERS OF THE CITY COUNCIL ff1AALISXfA I96I (949)493-1171 1,776 SAM ALLEVATO (949)493-1053 FAX DIANE L.BATHGATE It N'1A'.SGnf Nancapis(rano.UI'g+ WYATT"ART JOE D M. TO October 6, 2004 DAVID SWERDLIN NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO On October 5, 2004 the City Council of San Juan Capistrano met regarding: "Consideration of Approval of Final Map and Subdivision Improvement Agreement for Tract 16221 (William Lyon Homes, Inc.)" Item No. D7. The following action was taken at the meeting: Final map for Tract No. 16221 approved, as it conforms to the requirements set forth in the Subdivision Map Act and the previously approved Tentative Tract Map conditions; the City Engineer and the City Clerk authorized to execute the final map; the Mayor authorized to execute the subdivision improvement agreement and accept corresponding securities; and the City Clerk directed to forward the map and subdivision agreement to the County Recorder The following documents are in the process of being executed: Subdivision Improvement Agreement. If you have any questions regarding this action, please contact Sam Shoucair, Senior Engineer at 443-6355 for more detailed information. Thank you, Gt� mit z Orti Deputy City Clerk Cc: William Lyon Homes, Inc.*; RBF Consulting*; Ray Holland, Interim Engineering and Building Director; Sam Shoucair, Senior Engineer San Juan Capistrano: Preserving the Past to Enhance the Future I 32400 PASEO NCAA ADELASTRAN TO SAN JUAN CAPISTRANO,CA 92675 L��i' IntOFvnnniEo MEMBERS OF THE CITY COUNCIL (949)4931171 • Fitnlulnm SAM ALLEVATO (949)493-1053 FAX 1776 DIANE L.BATHGATE ICilli'..tipil jtiai]CapLSIi'Olio.oig WYATi HART • • JOE SOTO NOTIFICATION OF ME OTENTIAL INTEREST DAVID M.SWERDLIN OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 7:00 p.m. on October 5, 2004 in the City Council Chamber in City Hall, to consider: "Consideration of Approval of Final Map and Subdivision Improvement Agreement for Tract 16221 (William Lyon Homes, Inc.)" — Item No. D7 If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at City Hall by 5:00 p.m. on Monday, October 4, 2004 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a blue 'Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Sam Shoucair, Senior Engineer. You may contact that staff member at (949) 443-6355 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: council-agendasasanivancapistrano.org. Meg Monahan, CMC City Clerk cc: William Lyon Homes, Inc.'; RBF Consulting"; Ray Holland, Interim Engineering and Building Director; Sam Shoucair, Senior Engineer Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future Bond ,#SU500H54 Premium: $9,512.00 11TATUTOBY PEREQBMARC&AQND IWOiIVALL MEN Ely THESE PRESENTS, that William Lyon Homes, Inc. as Principal (hereinafter called "COntradOO, and Arch Insurance Company as Surety(hereinafter Called"Suety 1,are held and firmly bound Leto the City of San Juan Capietrmto, as obligee (herabefter called -Clyl. in the emount of & WI I two irin Hurx1red Eight Thous, .ZO Mn ted fifty Dollars($ 1.2tia,25r_9t) 1 for Payment whereof Contractor and Surety bind themselves, their heirs adminisMators ���' successors and assigns,Jointly and severally,fairly by two Presents. WHEREAS, Contractor is required to provide a faithful performance bond pursuant to the statutory requirements of the San Juan Capistrano Municipal Code to guarantee certain work, more Particularly described as �- 16221 Rar,&y Matrix. ed by MW, refr Sheets 1-23 (ca-site improvements) NOW,THEREFORE, the condition of this obligation is such that, if Principal shall Promptly and faithfully perform said statutory-obligation, then this obligation shall be null and void: otherwise it shall remain in full fares and off"L 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 pert of the obligation secured hereby,and in addition to the face amount cPOC'Mecl, there shell be included costs and reasonaCle expenses and fees, including c�f�+pMonnbne _1_ ZJ T52TEBi&i6 * eaE�TT *0 IT Raw STATE OF California SS. COUNTY OF Orange On MAY 13 201A before me, _ Janina Monroe, Notary Public PERSONALLY APPEARED Victoria M Campbell 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 acknowl- edged to me that he/she/they executed the same in his/ �nNINAw+ot4ROE her/their authorized capacity(ies), and that by his/her/ Commission S 1362485 their signature(s) on the instrument the person(s), or the -a Notary Public- r.aubmia entity upon behalf of which the person(s) acted, executedo ange county the instrument. ?N amm.Ex irc;Jun zs,zX WITNESS my hand and official seal. Signa This area far Official Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONS)OR ENMY(IES) SIGNER(S) OTHER THAN NAMED ABOVE ID-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT Bond #SU5006854 Premium included in Performance bond LA13O$AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, Callf0mla, hereinafter called "City, has parmiitted'the construction of certain Improvements to William Lyon Homes, Inc. hereinafter cailed'Contrador": and, WHEREAS, said improvements are more particularly described as follows: cw+ ie i„�mn woe Z" q- oV roll r ammo M.Azi a� ;Zapaw'4 by M, ofgrgI Stuffs 1-23 (0-111its imoson�rr.�lttsl and, WHEREAS,the Contractor is required to furnish a laborand material bond pursuant to thestatmry requirements of the San Juan Capistrano Municipal Code to guarantee that if said Contractor, or any of his or its sub-contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used In, upon. for or about the performance of the work to be done,or for any work or labor done thereon of any kind,the surety or this bond will pay the same. NOW, THEREFORE, we,the Contractor, and Arch Insurance Company as surety, are held firmly bound unto the City of San Juan Capistrano. a municipalnnr ninthepenalsumofn.,mua,i;,,., Rc.,,, mnarmAani sixty-tint mhcuaan RS($ 1.268,250.00 ). lawful money of the United States of America, ment of which sum well and truly to be made we bind ourselves,our heirs,executors,administrators and successors,Jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION Is such that, tf said Principal, his or its heirs,executors,aomirustraWm,successors or assigns,or sub-contractors,shall fail to pay for any materials,provisions,provender,Orteama,or other supplies or equipment used in. upon, for or about the performance of the work to be done,or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with reaped to such worts or tabor as required by the provisions of Title 1, Division 5, Chapter 9 of the Gavcmment Code of Califomla as amended,that the surety will pay for the same In an amount not exceeding the sum specified in this bond and also in case sult is brought upon the bond,a reasonable attomeyrs fee to be faxed by the court. This bond shall inure to the benefit of any and all persons. companies and corporations entitled to file claims under said act. so as to give a right of action to them or their assigns In any suit brought upon this bond. b'd SGZTBBbai6 ■ QaE= rt 40 TT Raw As a part of the obligation secured thereby, and In addition to the face amount specified therefor, there shall be Included costs and reasonable expenses and fees, Including reasonable attorney's fees. Incurred by City in successfully enforcing such obligation, all to be taxed as Costs and Included in any Judgment rendered. IN WITNESS WHEREOF three(3)identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Contractor and surety herein named on the 13th day of May 200-1 . The name and corporate sea)of each corporate party being hereto affixed and these presents duly signed by Its undersigned representatives pursuant to authority of its governing body. William Lyon Homes, Inc. CONTRACTOR By mas . , 1cr7i Senior Vice Pres dent Arch Insurance Company SURETY By .APPROVED AS TO FORM Victoria M Campbell, Attor ey-in-Fact JOH HAW, CITY ATTORNEY S'd SS2TEat646 * etE it i0 TS mew STATE OF CALIFORNIA ) COUNTY OF ORANGE ) On May 13, 2004 before me, Susan E Menard, Notary Public, personally appeared THOMAS J. MITCHELL personally known to me — OR — pFeved to me an the hasis of catisfa^'^^• evideRGe 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. OFFICIAL SEAL WITNESS my hand and Official seal. SUSAN E. MENARD Q NOTARY PUBLIC-CALIFORNIACOMMISSION# 1447352 ? My CommOs ion E COUNT 26,2007 Signature � � � w�u.._ Susan E Menard, Notary Public Commission #1447352 Commission Expires October 26, 2007 POWER OF ATTORNEY a • Know Ail Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint Victoria M. Campbell, Thomas G. McCall and Janina Monroe of Irvine, CA (EACH) its true and lawful Attorney(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on Its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonus or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOML0013 00 03 03 Page 1 of 2 Printed in U.S.A. In Testimony Whereof, the Company h, aused this instrument to be signed and corporate seal to be affixed by their authorized officers, this 21 st day of March, 2003. Arch Insurance Company Attested and Certified ce mgrouw Jos Labell, Corporate Secretary (141ad r' Thomas P. Luckstona, Vice President STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS I Melissa B. Gilligan, a Notary Public, do hereby certify that Thomas P. Luckstone and Joseph S. Labell personally known to me to be the some persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. • . ' Melissa B. Gilligan, Notary Pub i My commission expires 2-28.05 CERTIFICATION I, Joseph S. Labell, Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated March 21, 2003 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Thomas P. Luckstone, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this day of, "Ay 1 }go_, 20_- JospXA. Labell, Corporate Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. Home Office: Kansas ^" MO fi ea �O �ar+oanTz 00ML0013 00 03 03 �Gt Page 2 of 2 F Printed in U.S.A. tissord • Bond 1.006855 Premium: $6,156.00 , t3TMMKY PEREW ell E BOND KNOW ALL MEN BY THESE PRESENTS,that William Lyon Homes, Inc. as Principal (hereinafter called "ContractWj, and Arch Insurance Company as Surety(Heroinefter plied"Surety),are Reid and firmly bound unto the City of San Juan Capistrano, as obligee (hereinafter celled "C'dy"), In ft amount of Fight Hta,dred 2Lmnty � � Fit�dred arid —' — Dopers for payment whereof Contractor end Surety bind themselves, their heirs, executors, administrators, successors and egsigns,Jointly and severally,fairy by these presents. WHEREAS,Contractor is required to provide a faithful performance bond pursuant to the statutory requirements of the San Juan Capistrano Municipal Code to guarantee certain work, more particularly described as ' ri na rr�y.Y=9 4��• •. '� ' nAF � 11T1 1T ■1,nT1� u�i _ NOW, THEREFORE, the condition of this oollgation is such that, if Principal shall Promptly and faithfully perform said statutory-obligation, then this obligation shall be null and void,, Otherwise it shall remain in full force and affact. Surety waives whatever legal rght 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 spooified, there shall be included costs and reasonable expenses and Tees, Including a'Y,vpvnnsoyro�emsvemsW�rom�ena .�- reasonable attorneys tees, incurred by City in successfully enforcing such obligation, all to be taxed se eeem and inekuted in any judgment rendered. 2. Said Surely,Tar value recaNtck hereby sliputates and agraes that no change, erdension of tim®, alteration, or•moMcation of statutory obligation, or of the work to be performed thereunder, eheil in any way effect its abllgatlons or this bond, and it does hereby waive notice of any such change, oxtension of time, eitwatien or mvditicatlon, or Of the worts to be performed thereunder. ExecAad the 13th day of May 2d`04 • at Irvine California. William Lyon Homes, Inc. (NOTAp� � ti! APPROVE AS TO FORM: Senior Vice President 8Y I` ' R. Shaw, City Attorney Arch Insurance Company (NOTARIZATION AND SEAL.) Victoria M Campbell Attorney-in-Fact o�uams@,afortn.p,a -2- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) On May 13, 2004 before me, Susan E Menard, Notary Public, personally appeared THOMAS J. MITCHELL personally known to me — OR 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. FOF ICULSEAL SUSAN E MENARO NOTARY PUBLIC-CALIPOWM y COMMISSION F 1447362 ORANGE COUNTY �JA4Mr ComrNssion Exp.October 28,2007 Signature "A J&.i�b2!-G1�, Susan E Menard, Notary Public Commission#1447352 Commission Expires October 26, 2007 .�.,. .a....,.....K�<.,.� JA's?111i ,�� � Qw � ��u �N i:," ! � v" e,.Fs h^u w vw r t r ..,.:!Y'�lilnl t� ".....''' I .r W 11+"w.rwu�Yw�W V V1 W'w'M VF!VP'�^"�� 0 STATE OF California SS. COUNTY OF Orange MAY 1 3 2004 On , before me, Janina Monroe, Notary Public PERSONALLY APPEARED Victoria M Campbell 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 acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ a.� Jatvlwn,Me�oE their signature(s) on the instrument the person(s), or the a as Commission#1362485 _ entity upon behalf of which the person(s) acted, executed z ) Notary Public-Calitomi3 the instrument. `., orange county MYCOMM Fires Jun 7o,21X76 WITNESS my hand and official seal. 5ignatureal This area for Official Notarial Sea( OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT nn-Ets) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL Lx ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONS)OR ENnTY(IES) SIGNER(S) OTHER THAN NAMED ABOVE 10-081 Re�.ei94 ALL-PURPOSE ACKNOWLEDGEMENT Bond #SU5006855 Premium included in Perf bond LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS; That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, hereinafter called 'City", has pemtitted1he construction of certain improvements to William Lyon Homes Inc. hereinafter called"Contractor; and, WHEREAS, said improvements are more particularly described as follows: gfny n ri�i n 11wr...s,s+,. fnY m,-.a,-t �c77�� madi;r11. D.XCUatsd by F=1 1-23 (urk site imraweMentsl . and, WHEREAS,the Contractorls required to furnish a laborand material bond pursuant tothe statutory requirements of the San Juan Capistrano Municipal Code to guaranteethat if said Contractor, or any of his or Its sub-contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work to be done,orfor any work or labor done thereon of any kind,the surety or this bond will pay the same. NOW, THEREFORE, we, the Contractor, and Arch Insurance company as surety, are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, In the penal sum of night KwAred 7Weni Thousand s&,en mwdred and Eialir —DOLLARS($820,750.00 ), lawful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves,our heirs,executors,admintstrators and successors,jointly and severalty,firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs,executors,administrators,successors orassigns,orsub-contractors,shatlfall to pay forany materials,provisions,provender,orteanis,orothor supplies orequipment used In, upon, for or about the performance of the work to be done,or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division 5, Chapter 3 of the Government Code of California as amended,that the surety will pay for the some in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond,a reasonable attomeys fee to be fixed by the court. This bond shall inure to the benefit of any and all parsons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns In any suit brought upon this bond. As a part of the obligation secured thereby, and in addition to the face amount specified therefor, there shall be Included costs and reasonable expenses and fees. Including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. IN WITNESS WHEREOF three(3) Identical counterparts of this instrument, each of which shall for all purposea be deemed an original thereof,have been duly executed by the Contractor and surety herein named on the 13th day of_ May 200 . The name and corporate seal or each corporate party being hereto affixed and these presents duly signed by its undersigned representatlYes pursuant to authority of its governing body. William Lyon Homes, Inc. CONTRACTOR By . Htitc�rell Senior Vice prns!dcnt Arch Insurance Company SURETY By , Victoria M Campbell, Attorne in-Fact APPROVED AS TO FORM JOHKf IdHAW.CITY ATTORNEY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) On May 13, 2004 before me, Susan E Menard, Notary Public, personally appeared THOMAS J. MITCHELL personally known to me — OR 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. OFFICIAL SEAy L Y '• SUSAN E. MENARD NOTARY PUBLIC-CALIFORNIA f� a A COMMISSION#1447352 3 G6�d ORANGE COUNTY My Commission Exp.October 28,2007 Signature Susan E Menard, Notary Public Commission #1447352 Commission Expires October 26, 2007 STATE OF California SS. COUNTY OF Orange On MAY 13 2004 before me, Janina Monroe, Notary Public PERSONALLY APPEARED Victoria M Campbell 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 acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ .IANINA MONROE their signature(s) on the instrument the person(s), or the Commission#5362485 entity upon behalf of which the person(s) acted, executed Notsry Public-California the instrument. Orange count Aly Comm.Expires Jun 2.5,2006 WITNESS my hand and official seal. Signature /t ly 12 This area for Official Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT niLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR WM(IES) SIGNER(S) OTHER THAN NAMED ABOVE ID-0el Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT f' ARCH Insurance Company ARCH Surety NOTICE — DISCLOSURE OF TERRORISM PREMIUM In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Arch Insurance Company is the surety. DISCLOSURE OF PREMIUM The portion of the premium attributable to coverage for terrorist acts certified under the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable insurer deductible. POWER OF ATTORNEY • Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint Victoria M. Campbell, Thomas G. McCall and Janina Monroe of Irvine, CA (EACH) its true and lawful Attorney(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. 00MI-0013 00 03 03 Page 1 of 2 Printed in U.S.A. In Testimony Whereof, the Company h .aused this instrument to be signed and '.orporate seal to be affixed by their authorized officers, this 21st day of Man,,1, 2003. Arch Insurance Company Attested and Certified Ce Jos . Labell, Corporate Secretary '"'' Thomas P-Luckstone, lhce President 114SAM STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS I Melissa B. Gilligan, a Notary Public, do hereby certify that Thomas P. Luckstone and Joseph S. Labell personally known to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. Melissa B. Gilligan, Notary Pub i My commission expires 2-28-05 s CERTIFICATION I, Joseph S. Labell, Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated March 21, 2003 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Thomas P. Luckstone, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this day of. MAY 13 20 , 20_ -11 Jos . Labell, Corporate Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. Home Office: Kansas ^" MO @RroNxx OOML0013 00 03 03 + ux Page 2 of 2 Printed in U.S.A. r44Hrti Bond #SU5006853 Premium: $2,655.00 STATUTORY PERFORMANCE BOND iSJOW ALL MEN BY THESE PRESENTS, that William Lyon Homes, Inc. as Principal (hereinafter called "Contractot"), and Arch Insurance Comoanv as Surety(hereinafter called"Surety'), are held and firmly bound unto the City of San Juan Capistrano, as obligee (hereinafter called "City'), in the amount of Three Hundred Fifty Four Thousand and No/100ths ----------------- Dollars($ 354,000.00 ) for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally, fairly by these presents. WHEREAS, Contractor is required to provide a faithful performance bond pursuant to the statutory requirements of the San Juan Capistrano Municipal Code to guarantee certain work, more particularly described as follows: sewer Iyxvcvarents per Sewer and Wates 1uprovement Plans prepared by RBF, Pages 1-15, for project lmown as "Rancho Madrina". NOW,THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said statutory obligation, 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 cl.vPvdn60twrida %rarmsbwr .bnd -1- reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 2. Said Surety,for value received,hereby stipulates and agrees that no change, extension of time, alteratim or modification of statutory obligation, 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, alteration or modification, or of the work to be performed thereunder. Executed this 13th day of_ Mav 20 04 , at re•aa California. William y n Homes, Inc. (N Thaml as %Nt AND SEAL) APPROVE AS TO FORM: Senior Vice President By JR. Shaw, City Attorney *rchnsuran,-e Comp y (NOARIZATION AND SEAL) Victoria M Campbell, Attorney-in-Fact :yypvPo,6pWipdocsvormsVHrmnbnC -2- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) On May 13, 2004 before me, Susan E Menard, Notary Public, personally appeared THOMAS J. MITCHELL personally known to me — OR _ .,.,,.,ea in me nn the ~ries of ;at'sfaGt9Fy e.,,aeRGe 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. u0 FF SEAL SUSAN E. MENARD �� '^ NOTARY PUBLIC-CALIFORNIA }� S COMMISSION# 14473$2 5 ' My Commission on Exp.O oANGE �26.2W Signature — Susan E Menard, Notary Public Commission#1447352 Commission Expires October 26, 2007 STATE OF California SS. COUNTY OF Orange MAY 1 3 ZMA Janina Monroe, Notar Public On Y , before me, PERSONALLY APPEARED Victoria M Campbell 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 acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ .IANINA h4JNROE their signature(s) on the instrument the person(s), or the Commission*13,32485 entity upon behalf of which the person(s) acted, executed Notary Public- California the instrument. Orange CC, my My Comm.Expires,pun 25,20w WITNESS my hand and official seal. Signature This area for Official Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. - CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER rnEls) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED r;3 ❑ GENERAL L ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENT t)ES) SIGNER(S) OTHER THAN NAMED ABOVE o-oEt Re .6/94 ALL-PURPOSE ACKNOWLEDGEMENT Bond #SU5006853 Premium included in Perf bond LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, hereinafter called "City", has permitted'the construction of certain improvements to William Lyon Homes Inc. , hereinafter called "Contractor'; and, WHEREAS, said improvements are more particularly described as follows: sewer Lyrovement per Sewer and Water Improvement Plans prepMed by RBF, pages 1-15 for project la]OWn as "Ranrba Madri na" ; and, WHEREAS,the Contractoris required to fumish a laborand material bond pursuant to the statutory requirements of the San Juan Capistrano Municipal Code to guarantee that if said Contractor, or any of his or its sub-contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work to be done,or for any work or labor done thereon of any kind, the surety or this bond will pay the same_ NOW, THEREFORE, we, the Contractor, and Arch Tnsurance Compan5E . as surety, are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of Three Hundred Fifty Four Thousand and No/100ths DOLLARS ( 354,000.00 ), lawful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves,our heirs,executors,administrators and successors,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs,executors, administrators,successors orassigns,orsub-contractors,shall fail to pay for any materials, provisions, provender,orteams,or othersupplies orequipment used in, upon, for or about the performance of the work to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment insurance Act with respect to such work or labor as required by the provisions of Title 1, Division 5, Chapter 3 of the Government Code of California as amended,that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suit brought upon this bond. As a part of the obligation secured thereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Contractor and surety herein named on the i irh day of May 2004 . The name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. William Lyon Homes, Inc. CONTRACTOR By / Tho as J. Mitchell Senior Vice Pres dent Arch Insurance Company SURETY BY Victoria M Campbell, Attorney-in- act APPROVED AS TO FORM JOHKf ISIHAW. CITY ATTORNEY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) On May 13, 2004 before me, Susan E Menard, Notary Public, personally appeared THOMAS J. MITCHELL personally known to me — OR ed ., . = ,,.. .he basin of satisfaGtGFy evidenne 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. oFFICIAA SUSAN E. MENARD c - NOTARY PUBLIC- CALIFORNIA m - COMMISSION# 1447352 .ur ORANGE COUNTY My Commission Exp.October 26,2007 Signature Susan E Menard, Notary Public Commission#1447352 Commission Expires October 26, 2007 STATE OF California SS. COUNTY OF Orange On MAY 1 3 before me, Janina Monroe, Notary Public PERSONALLY APPEARED Victoria M Campbell 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 acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ IANINAW ROE their signature(s) on the instrument the person(s), or the Commission*1362435 r z `- Notary Public-California entity upon behalf of which the person(s) acted, executed orange county the instrument. My Cc�nm.Fxpi!es,ljn 25,20W •ar�- WITNESS my hand and official seal. 1 r7�"Stgnatur 1 .0 / This area for Official Notarial Seal OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT nnE(s) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL [ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: N"E OF PERSON(S)OR DMI NOES) SIGNER(S) OTHER THAN NAMED ABOVE 10-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT A ARCH Insurance Company ARCH Surety NOTICE — DISCLOSURE OF TERRORISM PREMIUM In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Arch Insurance Company is the surety. DISCLOSURE OF PREMIUM The portion of the premium attributable to coverage for terrorist acts certified under the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable insurer deductible. • POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company') does hereby appoint Victoria M. Campbell, Thomas G. McCall and Janina Monroe of Irvine, CA (EACH) its true and lawful Attorney(s)-in-Fact, to make, execute, seat, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, seated and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and fled with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOML0013 00 03 03 Page 1 of 2 Printed in U.S.A. In Testimony Whereof, the Company h; aused this instrument to be signed and : orporate seal to be affixed by their authorized officers, this 21 st day of Marcn, 2003. Arch Insurance Company Attested and Certified Ce � .. cox wnn t?�1 srµ .los . Labell, Corporate Secretary '"" Thomas P. Luckstone, Vice President r4i�rd STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS I Melissa B. Gilligan, a Notary Public, do hereby certify that Thomas P. Luckstone and Joseph S. Labell personally known to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. . , Melissa B. Gltigan, Notary Pubfi My commission expires 2-28.05 CERTIFICATION I, Joseph S. Labell, Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated March 21, 2003 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Thomas P. Luckstone, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this day of. NAY 1 3W . 20—. got20_ ' t Jos . Labell, Corporate Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. Home Office: Kansas ^" MO 4+ ce m+�roura 00ML0013 00 03 03 Page 2 of 2 F Printed in U.S.A. Ifittard Executed in Triplicate Bond No. SU5010562premium; $ 16,415.00 SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE 66499.1) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and William Lvon Homes. Inc. a California Corporation (hereafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated public improvements, which said Agreement dated 20 , and made a part hereof; and WHEREAS, said Principal is required, under the terms of said Agreement, to furnish a bond for the faithful performance of said Agreement to guarantee certain work, more particularly described as follows:- Tract 16221 Rancho Madrina (Honeyman Ranch) -�- RR 4_l' O✓1 V NOW, THEREFORE, we, the Principal and Arch Insurance Company , as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of Two Million One Hundred Eighty-eight Thousand* Dollars, ($2.tsa_7oo_n0 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by ihese presents. *Seven Hundred and no/100 Dollars. NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements, then the obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives any rights, if there be any, to require that a demand be made first against the Principal in the event of default. BEITFURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there: shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alteration, or modification of the contract documents or of work to be performed thereunder. Executed this .. 27th. day of September 2004 at Irvine Califomia. PRINCIPAL William Lyon Homes, Inc. a California Corporation raj Thomas G Grable s sta it Secretary (NOTARIZATION AND SEAL) APPROVED S O F I:;M: SURETY Arch Insurance Company By John R. Phaw, City Attorney Victoria M. Campbell, Attorney -Fact (NOTARIZATION AND SEAL) STATE OF CALIFORNIA ) COUNTY OF ORANGE ) On September 27, 2004 before me, Susan E Menard, Notary Public, personally appeared THOMAS G. GRABLE personally known to me — OR — 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. OFFICIAL SEAL ......u� SUSAN E.MENARD r, NOTARY PUBLIC-CALIFORNIA i ; COMMISSION ORANGE COUNTY /) / My Commission Exp.October 28.2007 Signature �(,(/� !� Susan E Menard, Notary Public Commission #1447352 Commission Expires October 26, 2007 STATE OF California SS. COUNTY OF Orange P 2 7 2004 On ,before me, Janina Monroe, Notary Public PERSONALLY APPEARED Victoria M Campbell 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 acknowl- edged 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 JANINAMONROE the instrument. Commission•1362485 Notary Public-California i WITNESS my hand and official seal. Orange County n n My Comm.Expires Jun 25,2006 Signature C This area for Official Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT nTLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME Of PERSON(E)OR ENT1Tft*S) SIGNER(S) OTHER THAN NAMED ABOVE ID-081 gem 6/94 ALL-PURPOSE ACKNOWLEDGENIENT Executed in Triplicate Bond No. Premium: Included in cost Performance Bond SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE 66499.2) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and William Lyon Homes, Inc. a California Corporation (hereafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated public improvements more particularly described as follows: Tract 16221 Rancho Madrina (Honeyman Ranch) WHEREAS said Agreement dated , 20 , Is hereby referred to made a part hereof; and WHEREAS, said Principal is required, under the terms of said Agreement, to furnish a bond for the faithful performance of said Agreement; NOW, THEREFORE, we, the Principal and Arch Insurance Company , as Surety, are held firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of Two Million One Hundred Eighty-eight Thousand* Dollars, ($2.188.700.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. *Seven Hundred and no/100 Dollars. NOW, THEREFORE, the condition of this obligation is such that if the above bound Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perform the covenants, Page 1 of 3 conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specifiers, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its offers, agents and employees as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. Surety waives any rights, if there be any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the face amount specked therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 2. Said Surely hereby stipulates and agrees that no change, extension of time, alteration, or modification of the terms of the agreement 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, alteration or modification of the terms of the agreemr::nt or of the work or to the specifications. IN WITNESS WHI=REOF, three (3) identical counterparts of this instrument, each of which shall for all pun,,*ses be deemed an original thereof, have been duly executed by the Principal and Surety herein named on the 27th. day of September __, 202&_, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. Page 2 of 3 PRINCIPAL William Lyon Homes, Inc. a California Corporation Thomas G Grable z�s Assistant Secretary (NOTARIZATION AND SEAL) APPROVED AS TO FORM: SURETY Arch Insurance Company BY sim:� John R. lhiw, City Attorney � wvA M, �A jM01 Victoria M. Campbell, Attorney- -Fact (NOTARIZATION AND SEAL) NOTE: Please Attach Acknowledgement and Power of Attome, Page 3 of 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) On September 27, 2004 before me, Susan E Menard, Notary Public, personally appeared THOMAS G. GRABLE personally known to me — OR — pmved !9 me an the basis e! salisiarAaFy 9V1deRG9 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. OFFICIAL SEAL SUSAN E.MENARD j' N NOTARY PUBLIC•CALIFORNIA y a COMMISSION M 1447362 A gppr` ORANGE COUNTY ��,,,,, , ,L' I My Commission Exp.October 26,2007 Signature Susan E Menard, Notary Public Commission #1447352 Commission Expires October 26, 2007 STATE OF California 55. COUNTY OF Orange On SEP 2 7 2004 before me, Janina Monroe, Notary Public PERSONALLY APPEARED Victoria M Campbell 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 acknowl- edged 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 JANINA MONROE the instrument. Commission#1362485 Notary Public-Califomla £ WITNESS my hand d official seal. oranp§County My Comm PsPtresJun 25 2006 Si ture V,� This area for Official Notarial Seal OPTIONAL MONEE Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT ml e(s) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONS)OR E4n1Ty0E5) SIGNER(S) OTHER THAN NAMED ABOVE 1D-081 [itv.6/94 ALL-PURPOSE ACKNOWLEDGEMENT POWER OF ATTORNEY • Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint Victoria M. Campbell, Thomas G. McCall and Janina Monroe of Irvine, CA (EACH) its true and lawful Attorney(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or tany Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. 00MI-0013 00 03 03 Page I of 2 Printed in U.S.A. In Testimony Whereof, the Company h• 'aused this instrument to be signed and ;orporate seal to be affixed by their authorized officers, this 21st day of Mara,, 2003. Arch Insurance Company Attested and Certified cie K!l Labell, Corporate Secretary °" .-s � Thomas P. Luckstona, Vice President ri�tsibf STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS I Melissa B. Gilligan, a Notary Public, do hereby certify that Thomas P. Luckstene and Joseph S. Labell personally known to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. v Melissa B. Gilligan, Notary Pubs My commission expires 2-28-05 CERTIFICATION I, Joseph S. Labell, Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated March 21, 2003 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Thomas P. Luckstone, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this day of SEP 2 7 2004 20_ f � .las ` a$, La,oell, Corporate Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. Home Office: Kansas ^' MO OOMLOO13 00 03 03 + IDAwrl 9 Page 2 of 2 sc Printed in U.S.A. Clasatd 1 oe ARCH Insurance Company ARCH Surety NOTICE — DISCLOSURE OF TERRORISM PREMIUM In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Arch Insurance Company is the surety. DISCLOSURE OF PREMIUM The portion of the premium attributable to coverage for terrorist acts certified under the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable insurer deductible. • Bond No. SU5010559 Premium$623.00 MONUMENTBOND KNOW ALL MEN BY THESE PRESENTS: That William Lyon Homes, Inc., Subdivider, as Principal, and Arch Insurance Company, a Corporation, as Surety, are hereby jointly and severally bound to pay to the City of San Juan Capistrano in the sum of Eighty Three Thousand and no/100 Dollars($83,000.00). The condition of this obligation is that whereas the Subdivider, as a condition of the filing of the final subdivision map of 16221, entered into an agreement with said City, to set Survey Monuments in said tract and to pay the engineer or surveyor performing the work, in full within 30 days after completion. NOW, THEREFORE, if the Subdivider shall well and truly perform said agreement during the original term thereof or any extension of said term that may be granted by the Council of the City of San Juan Capistrano, with or without notice to the Surety, this obligation shall be void, otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. SIGNED and SEALED this 22nd day of September, 2004. William Lyon Homes,Inc. Arch Insurance Company BY: - Y: Llu homas G Grable ni a Monroe,Attorne -in-Fact Assistant Secretary CALIFORNIA�ALL-Pl1RPOACKNOWLEDGMII£NT No.6907 State of C;;Iifnrnia County of Orange On SEP_ 2 2 7004 before me, V.M. Campbell, Notary Public OATe NAME,TITLE OF OFFICER-E.O.,'JANE DOE,NOTARY PU81JC personally appeared Janina Monroe NAME(S)OF SIGNER(S) ® 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 ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their V. M. CAMPBELL signatures) on the instrument the person(s), Commission 41381897 or the entity upon behalf of which the -Ai Notary Public — Caiirornio Orange County person(s) acted, executed the instrument. `"- My Comm.bpires Nov 25.2006 WITNESS my hand and official seal. SIGNATURE NOTARY V.M. Campbell, Notary Public OPTIONAL Though the data below is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8238 Remmet Ave.,P.O.Box 7184•Canoga Park CA 91309-7184 POWER OF ATTORNEY • Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint Victoria M. Campbell, Thomas G. McCall and Janina Monroe of Irvine, CA (EACH) its true and lawful Attorney(s)-in-Fact, to make, execute, seat, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter.of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and. undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, gr any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the'Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOMLOO13 00 03 03 Page 1 of 2 Printed in U.S.A. Executed in Triplicate Bond No. SU5010563 Premium: $1,635.00 SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE 66499.1) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and William Lyon Homes. Inc. a California Corporation (hereafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated public improvements, which said Agreement dated 201 and made a part hereof; and WHEREAS, said Principal is required, under the terms of said Agreement, to furnish a bond for the faithful performance of said Agreement to guarantee certain work, more particularly described as follows:, Tract 16221 Rancho Madrina (Honeyman Ranch) Traffic Signal 6 striping NOW, THEREFORE, we, the Principal and Arch Insurance Company as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of Wo Hundred Eighteen Thousand and no/100 Dollars, ($218,000.00 lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, frmly by these presents. NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements, then the obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives any rights, if there be any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: 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 artomey's fees, incurred by City in successfully enforcing such obligation, all to be 1:axed as costs and included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alteration, or modification of the contract documents or of work to be performed thereunder. Executed this 27th. day of September 20 oa , at Irvine California. PRINCIPAL William Lyon Homes, Inc. a California Corporation Thomas G Grable Assistant Secretary (NOTARIZATION AND SEAL) APPROVEDM ;M: SURETY Arch Insurance Company By John R. haw, City Attorney V, Victoria H. Campbell, Attorney- n-Fact (NOTARIZATION AND SEAL) STATE OF CALIFORNIA ) COUNTY OF ORANGE ) On September 27, 2004 before me, Susan E Menard, Notary Public, personally appeared THOMAS G. GRABLE personally known to me — OR — 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. o FILSEAL SUSAN E. MENARD NOTARY PUBLIC-CALIFORNIA 'X COMMISSION#1447352 � �,,�eY �� ORANGE COUNTY 'K ,l'f^'��-`^'c MY Commission Exp.October 26,2007 Signature � �f/l.cu�y Susan E Menard, Notary Public Commission #1447352 Commission Expires October 26, 2007 STATE OF California 55. COUNTY OF Orange SEP 2 7 2004 Y Janina Monroe, Notar Public On ,before me, J PERSONALLY APPEARED Victoria M Campbell 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 acknowl- edged 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, executed1ANINAMONROE Commission•1362485 the instrument. i0MYCOMm. Notary Public-California Orange County WITNESS my hand and official seal. Expires Jun25,2(1[75 Signature v This arm/or Official Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT Trru(s) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL Ei ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENIIiY(IES) SIGNER(S) OTHER THAN NAMED ABOVE I0-081 13ev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT Executed in Triplicate Bond No. SU5010563 Premium: Included in cost Performance Bond SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE 66499.2) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and William Lyon Homes, Inc. a California Corporation (hereafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated public improvements more particularly described as follows: Tract 16221 Rancho Madrina (Honeyman Ranch) Traffic Signal fi Striping WHEREAS said Agreement dated 20 , Is hereby referred to made a part hereof; and . WHEREAS, said Principal is required, under the terms of said Agreement, to furnish a bond for the faithful performance of said Agreement; NOW, THEREFORE, we, the Principal and Arch Insurance company as Surety, are held firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of Two Hundred Eighteen Thousand and no/100 Dollars, ($218.000.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. NOW, THEREFORE, the condition of this obligation is such that if the above bound Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perform the covenants, Page 1 of 3 conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its offers, agents and employees as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. Surety waives any rights, if there be any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 2. Said Surety hereby stipulates and agrees that no change, extension of time, alteration, or modification of the terms of the agreement 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, alteration or modification of the terms of the agreemi::nt or of the work or to the specifications. IN WITNESS WHI=REOF, three (3) identical counterparts of this instrument, each of which shall for all purl,,poses be deemed an original thereof, have been duly executed by the Principal and Surety herein named on the 27th. day of September _, 20g�, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. Page 2 of 3 PRINCIPAL William Lyon Homes, Inc. a California Corporation l� Thomas G Grable ASSgWTSecretary (NOTARIZATION AND SEAL) APPROVED AS TO FORM: SURETY Arch Insurance Company ByIWJ� John R. dhiw, City Attorney Victoria M. Campbell, Attorn -in-Fact (NOTARIZATION AND SEAL) NOTE: Please Attach Acknowledgement and Power of Attomey Page 3 of 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) On September 27, 2004 before me, Susan E Menard, Notary Public, personally appeared THOMAS G. GRABLE personally known to me — OR — 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. w�. OFFICIAL SEAL SUSAN E.MENARD yam . T NOTARY PUBLIC•CALIFORNIA gg a_ COMMISSION#1447352 4 Signature -4a,"- ORANGECOUNTr ' �My Commission Exp,October 2007 Susan E Menard, Notary Public Commission #1447352 Commission Expires October 26,2007 STATE OF California SS. COUNTY OF Orange On 2 7 2004 before me, Janina Monroe, Notary Public PERSONALLY APPEARED Victoria M Campbell 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 acknowl- edged 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 JANINAMONROE the instrument. Commission 41362485 Notary Public-California WITNESS my hand and official seal. QWCQmm.E)#reaJun25,Orange OOUCounty 2006 Signatu t)t V This urea for Official Notarial Seal OPTIONAL INEMIX Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(s) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTftt(IES) SIGNER(S) OTHER THAN NAMED ABOVE 10-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT • POWER OF ATTORNEY• Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company') does hereby appoint Victoria M. Campbell, Thomas G. McCall and Janina Monroe of Irvine, CA (EACH) its true and lawful Attorney(s)-in-Fact, to make, execute, seat, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal.office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or,any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOM1.0013 00 03 03 Page 1 of 2 Printed in U.S.A. In Testimony Whereof, the Company ha -@used this instrument to be signed and i orporate seal to be affixed by their authorized officers, this 21 st day of Man.. , 2003. Arch Insurance Company Attested and Certified cc Jos i Labell, Corporate Secretary � "' ' � Thomas P. Luckstone, Vice President Yl�ssrd STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS I Melissa B. Gilligan, a Notary Public, do hereby certify that Thomas P. Luckstone and Joseph S. Labell personally known to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. '1M1y - Melissa B. G.lfigen, Notary Public' +•' : "ti: My commission expires 2-28-05 'r,4 CERTIFICATION 1, Joseph S. Labell, Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated March 21, 2003 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Thomas P. Luckstone, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this day of SEP 2 7 2001 20_ ,los ` ,,5, Labell, Corporate Seczetzu This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. Home Office: Kansas MO *Ace Cb OOML0o13 00 03 03 SE4 nm Page 2 of 2 F Printed in U.S.A. klasarrt f ARCH Insurance Company ARCH Surety NOTICE — DISCLOSURE OF TERRORISM PREMIUM In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Arch Insurance Company is the surety. DISCLOSURE OF PREMIUM The portion of the premium attributable to coverage for terrorist acts certified under the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable insurer deductible. Executed in Triplicate • Bond No. SU5010564 Premium: $ 4,125.00 SUBCIIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE 66499.1) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and William Lyon Homes. Inc. a California Corporation (hereafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated public improvements, which said Agreement dated 201 and made a part hereof; and WHEREAS, said Principal is required, under the terms of said Agreement, to furnish a bond for the faithful performance of said Agreement to guarantee certain work, more particularly described as follows:- Tract 16221 Rancho Madrina (Honeyman Ranch) Offsite Circulation NOW, THEREFORE, we, the Principal and Arch Insurance Company , as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee'), in the sum of Five Hundred Fifty Thousand and no/100 Dollars, ($550,000.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements, then the obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives any rights, if there be any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there: shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 2. Said Surely, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alteration, or modification of the contract documents or of work to be performed thereunder. Executed this 27th. day of September 2004 at Irvine California. PRINCIPAL William Lyon Homes, Inc. a California Corporation Thomas G Grable Assistant Secretary (NOTARIZATION AND SEAL) APPROVED S O F I iM: SURETY Arch Insurance Company By John R. Phaw, City Attomey — MA�4 Victoria M. Campbell, Attorn y—in—Fact (NOTARIZATION AND SEAL) STATE OF CALIFORNIA ) COUNTY OF ORANGE ) On September 27, 2004 before me, Susan E Menard, Notary Public, personally appeared THOMAS G. GRABLE personally known to me — OR — 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. OFFICIAL SEAL ` _ SUSAN E.MENARD E a NOTARY PUBLIC-CALIFORNIA y 1y,,, �, �iA g COMMISSION#1447352 E Signature 7� " /^ �K ORANGE COUNTY Susan E Menard, Notary Public My Commission Exp.October 26,2007 Commission #1447352 Commission Expires October 26, 2007 STATE OF California SS. COUNTY OF Orange I On ' 27 2004 before me, Janina Monroe, Notary Publ_Tc PERSONALLY APPEARED Victoria M Campbell 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 acknowl- edged 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 MDNROE Commmissimissi on•1382485 the instrument. z Notary Public-California Orange County WITNESS my hand and official seal. MyComm,F.�wiresJun25,2008 se Signature ` ' • " " "' This arm for Official Notarial Seal OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT naE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ERmY(IES) SIGNER(S) OTHER THAN NAMED ABOVE ID-081 0.,.6/94 ALL-PURPOSE ACKNOWLEDGEMENT Executed in Triplicate Bond No. SU5010564 Premium: Included in cost Performance Bond SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE 66499.2) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and William Lyon Homes, Inc. a California Corporation (hereafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated public improvements more particularly described as follows: Tract 16221 Rancho Madrina (Honeyman Ranch)_ Offsite Circulation WHEREAS said Agreement dated , 20 Is hereby referred to made a part hereof; and WHEREAS, said Principal is required, under the terms of said Agreement, to furnish a bond for the faithful performance of said Agreement; NOW, THEREFORE, we, the Principal and Arch Insurance Company , as Surety, are held firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of Five Hundred Fifty Thousand and no/100 Dollars, ($550 Onn_nn ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. NOW, THEREFORE, the condition of this obligation is such that if the above bound Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perform the covenants, Page 1 of 3 conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its offers, agents and employees as therein stipulated, then This obligation shall become null and void; otherwise it shall be and remain in full force and effect. Surety waives any rights, if there be any, to require that a demand be made first against the Principal in the evenl of default. BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 2. Said Surety hereby stipulates and agrees that no change, extension of time, alteration, or modification of the terms of the agreement 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, alteration or modification of the terms of the agreemi::nt or of the work or to the specifications. IN WITNESS WHI=REOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety herein named on the 27th. day of September _, 20M_, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. Page 2 of 3 PRINCIPAL William Lyon Homes, Inc. a California Corporation Thomas G Grable Assistant Secreiary (NOTARIZATION AND SEAL) APPROVED AS TO FORM: SURETY Arch Insurance Company BY : 1�— John R. Shaw, City Attorney Victoria M. Campbell, Atto ey-in-Fact (NOTARIZATION AND SEAL) NOTE: Please Attach Acknowledgement and Power of Attomey Page 3 of 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) On September 27, 2004 before me, Susan E Menard, Notary Public, personally appeared THOMAS G. GRABLE personally known to me — OR — 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. OFFICIAL SEAL " SUSAN E.MENARD NOTARY PUBLIC-CALIFORNIA m COMMISSION#1447352 S L ,�, « ORANGE COUNTY Signature My Commission Exp.October 26,2007 Susan E Menard, Notary Public Commission #1447352 Commission Expires October 26, 2007 STATE OF California SS. COUNTY OF Orange On SEP 2 7 2004 before me, Janina Monroe, Notary Public PERSONALLY APPEARED Victoria M Campbell 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 acknowl- edged 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 JANINA MONROE the instrument. Commission#1362485 Notary Public-California WITNESS my hand and official seal. Orange County If�r�/�11 Iqf I My Comm.E*nm Jun 25,20M Signatur 1 1 `�" � This area for Official Notarial Seal wanowns OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON($)OR Effn Y(IES) SIGNER(S) OTHER THAN NAMED ABOVE ID-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT • POWER OF ATTORNEY • Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint Victoria M. Campbell, Thomas G. McCall and Janina Monroe of Irvine, CA (EACH) its true and lawful Attorney(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. 00MI-0013 00 03 03 Page I of 2 Printed in U.S.A. In Testimony Whereof, the Company h -.aused this instrument to be signed and :orporate seal to be affixed by their authorized officers, this 21 st day of Mari, 2003. Arch Insurance Company Attested and Certified G�pr =trC4LA1j *0 bjs . Labell, Corporate Secre ary Thomas P. Luckstone, Vice President STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS I Melissa B. Gilligan, a Notary Public, do hereby certify that Thomas P. Luckstone and Joseph S. Labell personally known to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. v 172 r?�n t .9c ern % . Melissa B. Gilligan, Notary Pubid' t : My commission expires 2-28-05 CERTIFICATION I, Joseph S. Labell, Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated March 21, 2003 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is In full force and effect on the date of this certificate; and I do further certify that the said Thomas P. Luckstone, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this day of SEP 2 7 2004 20_ . 1 Jos Labell, Corporate Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. Home Office: Kansas ^" MO ..rittIce c� OOML0013 00 03 03 seN �rrr Page 2 of 2 F Printed in U.S.A. tlasard �f ARCH Insurance Company ARCH Surety NOTICE — DISCLOSURE OF TERRORISM PREMIUM In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Arch Insurance Company is the surety. DISCLOSURE OF PREMIUM The portion of the premium attributable to coverage for terrorist acts certified under the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable insurer deductible.