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1989-0606_LUSK COMPANY, THE_Asgmt of Impr Agrmts0 June 9, 199$ Ms. Linda Sadler The Lusk Company 17550 Gillette Avenue P. O. Box C-19560 Irvine, California 92713-9560 MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL W ATT HMT GILJONES CAROLYN NASH DAVIO SWERDLIN CITY MANAGER GEORGE SCARBOROUGH •/11=/ • 11• • =11=11• ==11=/-.1• • •/ • :•/• [00-71ro IIIII•. Dear Ms. Sadler: At their meeting of June 6, 1995, the City Council of the City of San Juan Capistrano Adopted Resolution No. 95-6-1, which approved assignment of the Improvement Agreements for Tracts 13865, 13436, 13866 and 13437 from the Lusk Company to Glendale Federal Bank. The Resolution also approved the surety substitution to transfer all obligations, duties and rights from the Lusk Company to Glendale Federal Bank. The original Assignment has been forwarded to the Orange County Recorder's Office for recordation, A copy of the Assignment and a copy of Resolution No. 95-"-1 are enclosed for your information. The following bonds were replaced by bonds from Glenfed and are hereby returned to you: Tract 13865 - Area C1 Amount Bond Number San Juan Creek Signat $ 200,800 11119201371 Valle Road Signal 108,000 11119201397 Public Streets 586,500 11132799195 Storm Drain 658,156 11132799211 Private Streets 418,024 11132799229 Monuments 21,000 11132799245 Sewers 211,150 11132799302 32400 PASEO AOELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 493.1171 0 0 Ms. Linda Sadler -2- June 9, 1995 Tract 13436 - Area C2 Amount Bond Number Storm Drains Monuments $ 11,000 11132799062 Private Streets 488,218 11132799088 Sewers 221,722 11132799096 Public Streets 167,500 11132799104 Storm Drains 287,628 11132799112 Sewers 225,984 11132799252 Storm Drains 724,704 11132799260 Public Streets 370,000 11132799278 Private Streets 936,363 11132799286 Monuments D2 13,000 11132799310 Tract 13437 - Area La Novia Bridge 1,141,900 1 1 1 1 9201 389 Public Streets 150,000 11132799120 Sewers 238,778 11132799138 Storm Drain 689,564 11132799146 Private Streets 892,440 11132799153 Monuments 9,250 11132799179 If you need any further information, please contact Sam Shoucair, Senior Engineer, at 443-6355. Very truly yours, Cheryl Johnson City Clerk Enclosures cc: Director of Engineering and Building Sam Shoucair CAT. NO. NNO0737 TO 1945 CA (8-84) (Corporation) TICOR TITLE INSURANCE STATE OF CALIFORNIA COUNTY OF Orange } SS. On July 2, 1991 before me, the undersigned, a Notary Public in and for said State, personally appeared Rick Talcott personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Vice = President, and Donald D. Steffensen W personally known to me or OFRCIALSEAL proved to me on the basis of satisfactory evidence to be SUSAN Nm"PJA B lftm ics I theppsesrton who executed the within instrument as the ORANGE ' Secretary of the Corporation Mr Comm Won Does that executed the within instrument and acknowledged Ja Mlp V28.1994 to me that such corporation executed the within instru- ment pursuant to its by-laws or a resolution of its board of directors. WITNESS my bannd official seal. ,�yj/n-''jj��A Signature -EA�i),�/ &Z� (This area for official notarial seal) ATTORNE`_' 1N FACT ACKNOWLEDGMENT STATE OF CALIFORNIA ss. County of ............. l::a: -. ..... ��' ��1p/p/p/ ��, ��' / /`� (} On this ...1 ...... day of ......._._., in the year !. 7 7./.. ... ..........._, before me, a Notary Public in and for said ...,.. ,,....... ...MIy ....il'.1 ..... .... .. ..County, State of California, residing therein, duly commissioned and sworn, personally appeared ................ ,f.7L1........d.............1. %-............ .............................................. ......Xpersoaally known to me, ❑ Proved to me on the basis of sati PANY tisfactory evidence to be the person whose name is subscribed to this instrument as the attorney in fact of...... THE.._AMERICAN.,.., I ..... CO and acknowled ed to me that)khe E) she subscribed the name of _......_........ TKE AMEP-1C.!1N.. Ih.� ...:; COMPANY -.,,.thereto as surety, and'&his ❑ her own name as attorney in fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, t day and year stated in this certificate above. OFFICIAL SEAL .............................................. . _.Notary Public ) MARIA LUISA R, AOUINALDO v ,y •. 140=lio.Gahlomia ORANGECOATY My commission expires .................... ........... ...._............................. ._._._...._..._...._.................. My Comm. Exp. March 7, 1995 3W042-1-83 Eitecut(:d In 4 Counterparts 0 Vim+ IIRLMA1. A I *U AN NC[ MIAN' p I TNL AMERICAN IN W RA NCL COMPANY 41 NATIONAL LURLTY CORPORATION roLEM NS FUND ASSOCIATED INO[MNITY CORPORATION nawxtw CM AMERICAN AUTOMOSILS INSURANCE COMPANY SUBDIVISION IMPROVEMENT BOND LABOR AND MATERIAL (CALIFORNIA) s -Dondilo._SC 111 1920 1389__ The Premium charged for this Bond is included in that shown on the Performance Bond Whereas, City of San Juan Capistrano , State of California, (nerelnafter designated as "Principal") ha entered into an agreement whereby pr nc pal agrees to install and complete certain designated public improvements, which said agreement, dated , 19 and identified as project La Novia Avenue Bridge Widening, Bridge Pier Protection 5 Drop Structure @ Bridge is hereby referred to and made a part hereof; and Whereas, Under the terms of said agreement, principal is required before enterinq upon the performance of the work, to file a good and sufficient payment bond with the The American Insurance Comoanv to secure the claims to which reference is made in Title 15 (commencing with Section 3082) as Part 4 of Division 3 of the Civil Code of the State of California. Now, therefore, said principal and the undersigned as corporate surety, are held firmly bound unto_ city of San_ Juan Capistrano (hereinafter designate as gee and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Five Hundred _ L— SM t ho and N'n ndred Fift nd no 100------- dollars ($ 570 950.00 —�. To -r— mater a s urn s ed or abor thereon of an.y kind; or for amounts due under t e Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brouqht upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the Obligee in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to ,give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said aqreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such chani 4 EXECUTED IN 4 COUNTERPA rll. r.. u.•{ rVND INwN.NC( Con....v CIA YN{ 1y,111L I.N IN, UI.A NC[ CD..rAN`I N.TIONAL CUACTT COAPOAAVON I,y'M�N.��MyA..�H5 F Ifl1D A{COCIATCO INDFMNI,Y COAPOAATION OCUIRAM CdIAy CA1CAN /.0 TOyOCILC INCUR.. CC COMPANY SUBDIVISION IMPROVEMENT BOND FAITHFUL PERFORMANCE (CALIFORNIA) 0 • Bond 1Jo. SCR I 11 1920 1397 Premium: S 648. Whereas, CITY OF SAN JUAN CAPISTRANO , State of California, and THE LUSK COMPANY, A CA. CORPORATION (LUSK-SAN JUAN DIVISION) (hereinafter desiqnated as "principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated , 19 and identified as project TRAFFIC SIGNAL @ VALLE ROAD & 1-5 RAMPS%LA NOVIA AVENUE is hereby referred to 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. Now,. therefore, we, the principal and THE AMERICAN INSURANCE COMPANY as surety, are held and firmly bound unto the C TYOFiaSAN JUAN CAPISTR hereinafter ca ed b ee", in the pena aollars 1p108 000. 1 lawrul money or the unites states, for the payment of which sum we an tru y to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by there presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assions, shall in all things stand to and abide by. and well and truly keep and perform the covenants, 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 accordina,to their true intent and meaning, and shall indemnify and save harmless the Obliaee, its officers, agents and employees, as therein stipulated, then this oblioation shall become null and void; otherwise it shall be and 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, includinq reasonable attorney's fees, incurred by the Oblioee in successfully enforcing such obligation, all to be taxed as.costs and included in any judgement 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 of to the work or to the specifications. In witness whereof. this instrument has been duly executed by the principal and surety above named. on JULY 1 , 19 91 THE LUSK COMPANY, A CA. CORPORATION THE AMERICAN INSURANCE COMPANY Surety By LL/kL ALAN L. BAER,ttolney- n- act P.O. Box 1975 Santa Ana Ca. 92702 Address ATTORNEY IN FACT ACKNOWLEDGMENT STATE OF CALIFORNIA County of ............ ............ORANGxE................................ On this ...........5.............................day of ........... ..:....^"1(. ................................ , in the year..............i...`...1.........................................., before me, a Notary Public in and for said ........................................................p, N(j.Ett.................................... ............................................ County, State of California, residing therein, duly commissioned and sworn, personally appeared ............... ........................ .... ......ALAN-L,...BAER.... ..... .... .......... .............._.............-. 4persooaily known to me, ❑ Proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument as the attorney in fact of 1HE...AMER1.0 ......INSURA CE._COMPANY and acknowledged to me that he ❑ahs subscribed the name of ......... TH. ...AINERIOAN INSURANCE COMPANY thereto as _.....0......................................................................... surety, and is Elher own time as attorney in fact. IN WITNESli WHEREOF, I have hereunto set my hand and affixed my official sea he day and year stated in this certificate above. SOFFICIAL SEAL .................................................... .......... NotaryPublic............ MARIA LUISA R. AGUINALDO eta► - Y Notary Public -California { ♦ GRANGE COUNTY My commission expires........................................................................ My Caron. Exp. March i, 1995 aeowa—, �aa CAT. NO. NNO0737 TO 1945 CA I8-84) (Corporation) 02 TICOR TITLE INSURANCE STATE OF CALIFORNIA COUNTY OF Orange SS. On July 2 991 before me, the undersigned, a Notary Public in and for said State, personally appeared Rick Talcott personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Vice = President, and Donald D. Steffensen i personally known to me or OFFICIAL SEAL proved to me on the basis of satisfactory evidence to be SUSAN C. BERGER the person who executed the within instrument as the ;•'oma IN��a Asst. Secretary of the Corporation RAI�LO that executed the within instrument and acknowledged yC 25,1994 to me that such corporation executed the within instru- ment pursuant to its by-laws or a resolution of its board of directors. WITNESS my haq0 and official seal. �' Signature (This area for official notarial seal ATTORNEY IN FACT ACKNOWLEDGMENT STATE OF CALIFORNIA County of ............ ............ORANGxE................................ On this ...........5.............................day of ........... ..:....^"1(. ................................ , in the year..............i...`...1.........................................., before me, a Notary Public in and for said ........................................................p, N(j.Ett.................................... ............................................ County, State of California, residing therein, duly commissioned and sworn, personally appeared ............... ........................ .... ......ALAN-L,...BAER.... ..... .... .......... .............._.............-. 4persooaily known to me, ❑ Proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument as the attorney in fact of 1HE...AMER1.0 ......INSURA CE._COMPANY and acknowledged to me that he ❑ahs subscribed the name of ......... TH. ...AINERIOAN INSURANCE COMPANY thereto as _.....0......................................................................... surety, and is Elher own time as attorney in fact. IN WITNESli WHEREOF, I have hereunto set my hand and affixed my official sea he day and year stated in this certificate above. SOFFICIAL SEAL .................................................... .......... NotaryPublic............ MARIA LUISA R. AGUINALDO eta► - Y Notary Public -California { ♦ GRANGE COUNTY My commission expires........................................................................ My Caron. Exp. March i, 1995 aeowa—, �aa GfAmi " POWER OF ATTORNEY 0 0 THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20. 1846, and redomesticated to the State of Nebraska on June 1, 1990, and having its principal office in the City of Omaha, State of Nebraska, has made, constituted and appointed, and does by these presents make, constitute and appoint . ---ALAN L. BAER --- SANTA its true and NAiAttoAmey(s)-in-Fact, with full power and authority berebyconferred in its name, plueandstead, toexecute, seal, acknowledge and deliver any and all bonds, undertaking, recognvences or other written obligations in the nature thereof ___ and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, tented with the corporate seal of the Corporation and duly attested by is Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full form and effect. "Article VII. Appolmaeol and Aotborfly of Resident Secretaries, A(toraeysda•Fact and Agents to accept Zggaf Proueig met Make Appearances, Section 45. Appolntmenf. The Chairman of the Board of Directors, the President, any Vla-Pmldeat or any other person aolhorsed by the Board of Directors, the Chairman of the Board of Directors, the President or any Vice-Preddemt may, from time to time, appoint Resident Assistant Secretaries and AttoraeyaL-Fact to represent and ad for and on behalf of the Corporation and Agents to accept legal process and stake appearances for and on behalf of the Corporation. Section 46. Ambority. The authority of each Resident Assistant Secretaries, Atlorneysda-Fool and Agents shall be as Inane bed In kite tamra®emt evfdemdng thelrappotatment. Amysmcleappolotment aN RU authority granted thereby may be revoked at any lime by the Board of Directorsor ley any persom empowered to make such appolatment.' This power of attorney is signed and sealed tinder and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Via -President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any pow" of attomey, or on any certificate resting thereto, by facsimile, and any power of attorney, my revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation!' IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by is Via -President, and its corporate seal to be hereunto affixed fixed this 1st day o f June +t�R j By STATE OF CALIFORNIA l COUNTY OF MARIN 19 90 THE AMERICAN INSURANCE COMPANY On this. Ist dayof _7nnP 19 Qf) beforemepersonallycame R. D. Farnsworth to me known, who, being by me duly sworn, did depose and any: that he is VicoPresident of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was to affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my land and affixed my official seal, the day and year herein fust above written. emmMaatapRrsaasnssaaalaasas 11 OFFICIAL SEAL -- J. M. VANDEVM 5 V [0: NOTARY PUBLIC • CALIFORNIA eco rwwK Principal Office In Marin County B Ale (w nthoon Egkes Aug. 26. 1492 { CERTIFICATE menene m.mma.ttssssrsnssxmm STATE OF CALIFORNIA COUNTY OF MARIN By-laws of the Corporation, and the Resolution of the Board of Directors; aft Signed and sealed at the County of Marin. Dated the day of 4 l' J`�RC[ Ca�R 360711 -71A -f 9%(REV) ANCE COMPANY,a NEBRASKA Corporation, DO HEREBY CERTIFY that has not been revoked; and furthermore that Article VII, Sections 45 and 46 of the forth in the Power of Attorney, are amen in fora. EXECUTED IN 4 COUNTERPARTS 0 FIREMAN'S IUNO INSURANCE COMPANY p'N SCR 111 1920 139A7 TN[ AMERICAN INSURANCE COMPANY Bond IY �.__.� NATIONAL SURETY CORPORATION rMZMAMSrUNO ASSOCIATEOINDEMNITY COAPORATION The Premium charged for this DMntA=gXMM1n AMERICAN AUTOMOSIAEINNURANCECOMPANY Bond is included in that shown on the Performance Bond SUBDIVISION IMPROVEMENT BOND LABOR AND MATERIAL (CALIFORNIA) Whereas, CITY OF SAN JUAN CAPISTRANO , I AV State of California, and THE LUSK COMPANY A CA. CORPORATION (LUSK-SAN JUAN SION) hereinafter des gnated as"Principal")have entere�DIVInto an agreement w ere y principal agrees to install and complete certain designated public improvements, which said agreement, dated 19 and identified as project TRAFFIC SIGNAL @ VALLE ROAD & 1-5 RAMPS/La NOVIA AVENUE is hereby referred to and made a part hereof; and Whereas, Under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the THE AMERICAN INSURANCE COMPANY to secure the claims tow c reference is made in Title 15 commencing with Secin 3062) as Part 4 of Division 3 of the Civil Code of the State of California. Now, therefore, said principal and the undersigned as corporate surety, are held firmly bound unto CITY OF SAN JUAN CAPISTRANO (hereinafter designate as gee and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of y THOUSAND AND NO 100 -------------------------------- dollars (.$ 5 ,0 —) or mater a s urn shed or labor thereon of an kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the Obligee in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the Judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and cornorations entitled to file claims under Title 15 (commencing with Section 3062) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. In witness whereof, this instrument has been duly executed by the principal and surety above named, on JULY 1 19 91 0 THE LUSK COMPANY, A CA. CORPORATION (LUSK-SAN JUAN DIVISION) Principal ■RTRE-Io-TE ./OAL Elill THE AMERICAN INSURANCE COMPAN ��Surety By: LLd12- ALAN L.AER) ,~ Attorney -In -Fact P.O. Box 1975 Santa Ana Ca. 92702 Ad rens CAT. NO. NNO0737 TO 1945 CA (8-84) (Corporation) STATE OF CALIFORNIA ) COUNTY OF Orange T SS" On July 2, 1991 before said State, personally appeared Rick Talcott personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Vice = President, and Donald D. Steffennen a personally known to me or a proved to me on the basis of satisfactory evidence to be M the person who executed the within instrument as the A38t. Secretary of the Corporation that executed the within instrument and acknowledged to me that such corporation executed the within instru- ment pursuant to its by-laws or a resolution of its board of directors. WITNESS my hao and official seal. i 1 ATTORNEY IN FACT ACKNOWLEDGMENT TICOR TITLE INSURANCE me, the undersigned, a Notary Public in and for T (This arca for official notarial real) STATE OF CALIF��ggNNI�A (ss, County of. .................... pKAN..... ....... _..............._._ ff .` ' ny�.� Ci q On this ....... ....-.�. S\..........................................day of........_s..1._..W.......`..............................._.., in the year. `....L..._........... .............. before me, a Notary Public in and for said ,RANGE \ County, tate of California, residing therein, duly commissioned and sworn, personally ALAN Bo n^ rnt k me roved me on t of satisfactory evidence appeared ..................................L1LKI.Y...�.. I)7LE0. ........ ........... ...... rsonally Gown to to he basis to be the person whose name is subscribed to this instrument as the at i f t of.......I1-l.E%1.�.��g A . IC COMPANY N S> P `�R�' 1 I R(CA AR... ..... and acknowled to me that Al he E]. . she subscribed the name of ........... ............................... ..................... ....................................-....................................-........................................ .... ... .... thereto as surety, and his E] her own name as attorney in fact. 1N WITNESSWHEREOF, I have hereunto set my hand and affixed my official seal a day and year stated in this certificate above. (jam, .........................�..............................._._....... ' OFFIGIAL. SEAL ................................................. . MARIA LUISA R. AGUINALOO otary Public =" Notary California NGE i ORANGE COUNTY My commission expires My Comm. Exp. March 7, 1995 avows—r-sa GENERAL w&1WPNEEPOWER i THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846, and redomesticated to the State of Nebraska on June 1, 1990, and having its principal office in the City of Omaha. State of Nebraska, has made, constituted and appointed, and does by these presents make, constitute and appoint . ---ALAN L. BAER--- futtma and ANA Lawf' At orreey(s}in-Fact, with fuRwer and authority hereby and all bonds, undertaking, recognirances or other written obligations in the =lure thereof ereof�a, Plaaand stead, to axeatle. seal, acknowledge and deliver any and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate sed of the Corporation and duly arrested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises. This power of attorney is inanted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full form and effect. "Ardde VH. Appointment and Authority ofResfdentSeaaVarim, Arforneyrhf #ad andAgeata to accept IgadProcess mod Make Appearances. Section 45. Appointment. The Chairman of the Boned of Directors, the President, any Vice-Preddesst or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Via-Preddmt may, from time to the, appoint Resident Amschel Secretaries and Attorneys -la -Fact to represent and act for and ma behalf of the Corporation sed Agents to comps kpt proem and make appeanaeee for and oa behalf of the Corporation. Section 46. Authority. The authority of such Reddeat Assistant Secretaries, Aftorneys iI -Feet and Agents shall be as prescribed In the [Mromeat evidencing their appointment. Any such appointment and all authority granted thereby may be revoked U any time by the Board of Dlreclon or by any person empowered to make such appointment:' This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice -President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the sed of this Corporation may be affixed or printed on any power of attomey, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile sed shall be valid and binding upon the Corporation:' IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vim -President, and its corporate seal to be hereunto affixed this 1St day o f June 19 90 ,e,v.f�y'lr � THE AMERICAN INSURANCE COMPANY . t ��Rc� reaRR By - ` Vine-Prmeeol STATE OF CALIFORNIA 11r) m. COUNTY OF MARIN On this l at day of .Tune , 19 9f)_, beforeme personally came R. D. Farnsworth to me known, who, being by we duly mom, did depose and fey: that he is Vice -President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the sew affrsed to the said instrument is such corporate teal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto aft my band sad affixed my official seal, the day and year herein first above written. NIIaMItMNgtgwNafgMNqlqqrqqsaqq■ OFFICIAL SEAL L M. YANDEYORT NOTARY PUBLIC -CALIFORNIA Nair we c Principal Office in Marla County My C mminim Wins Ant. 28, H92 CERTIFICATE geggqqlartgrMMNrqqaqfNNrarMqaMlqaNqq ` STATE OF CALIFORNIA 11 COUNTY OF MARIN 1, thamdenigned, Resident Assistant Secretaryof THE AMERICAN INSURANCE COMPANY.a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full fora and has not been revoked; and furthermore that Article VH, Suctions 45 and 46 of the By-laws of the Corporation, and the Resolution of the ��'Bo...�a��.r(((d of Directors; act forth in the Power of Attorney, are now in form. Signed and sealed at the County of Marin. Dated the day of Ac RARRC( C�'O 360711-TA-&90(REV) EXECUTED IN 4 COUNTEtPARTS YII.(M AII', "NO IN\UNAM[[ COM..FY VMC AM lI,ICAN IN{UI.ANCY COMRANV 0141 �pp�ll (��}� NATIONAL 1U11CTV CORPORATION F{!WMANS ( YRY AL{OCIATCO IND[MNIIV CORPORATION olslmk f8CdliTXftltS AMCA.CAN AUtOMOYILC IA1LJ.ANCt COM,ANV 04 f SUBDIVISION IMPROVEMENT BOND FAITHFUL PERFORMANCE (CALIFORNIA) Whereas, CITY OF SAN JUAN CAPISTRANO Bond WC.SCR 111 1920 1371 Premium: ///(��{]/ )S 1,205. /) State of California, and THE LUSK COMPANY A CA. CORPORATION (LUSK-SAN JUAN DIVISION) (hereinafter desiqnated as "principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated , 19 and identified as project SAN JUAN CREEK%VALLE ROAD SIGNAL WITH MINOR INTERSECTION WIDENING is;hereby referred to and made a part hereof; and Whereas, Said principalis required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now,, therefore. we, the principal and as surety, are held and firmly bound unto the hereinafter ca , in me penal sum oollars \2 •) IAWTUI money of the United States, for the payment which sum we and tru y to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by there presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assions, shall in all things stand to and abide by, and well and truly keep and perform the covenants, 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 Obligee, its officers, 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. 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 the Obligee in successfully enforcing such obligation, all to be taxed as.costs and included in any judqement 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 of to the work or to the specifications. In witness whereof. this instrument has been duly executed by the principal and surety above named. on JULY I , 19 91 THE LUSK COMPANY. A CA. CORPORATION HE AMERICAN INSURANCE COMPANY Surety ALAN L. BAER, Attorney -In -fact Box 1975 Santa Ana Ca. 92702 ddress CAT. NO. NNO0737 TO 1945 CA (8-84) 'Corporation) STATE OF CALIFORNIA COUNTY OF - Orange SS' On July 2, 1991 before said State, personally appeared Rick Talcott personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Vice T President, and Donald D. Stgffensen personally known to me or i proved to me on the basis of satisfactory evidence to be C the p son who executed the within instrument as the sst. Secretary of the Corporation that executed the within instrument and acknowledged to me that such corporation executed the within instru- ment pursuant to its by-laws or a resolution of its board of directors. WITNESS my hationd official seal. _ ATTORNEY IN FACT ACKNOWLEDGMENT 01 TICOR TITLE INSURANCE me, the undersigned, a Notary Public in and for (This arca for official notarial seal) STATE OF CALIFORNIA ( in. County of .......................... On this ....................._Q rk�... �....r..,..�....................... day of ......... ................. in the year .............._� R....4......._._......................, before me. a Notary Public in and for said .................. ....... ....1�Lu�Gf1................................... „__.,.County, State of California, residing therein, duly commissioned and swom, personally appeared ... ................. _........-...............ALAR.L...p/iE.q..........-.............................._.................. personally known to me, ❑ proved to me on the basis of eet6hctory evidence to be the person whose name is subscribed to this instrument as the attorney in fact of......THE ..,AMERICAN .,..INSURANCE COMPANY and acknowledged to me that he ❑ she subscribed the name of ...........T..HE _AMERICAN INSRNCE COMPANY thereto as _................................................................................................................... surety, and his ❑ her own me as attorney in fact. IN WITNES HEREOF, I have hereunto set my hand and affixed my official seal, a day and year stated in this certificate above. w (I.��Q ' OFFICIAL SEAL...._Sc..'...................................T''''''''"''"''"'...................... MARIA LUISA R. AGUINAL00 otary Public -' '- *11W Public-Cahtomla e ANGE COUNTY My Comm. Exp. Mares 7,19% My commission expires scows—, -ea x it �EXECU11%D IN 4 COUNTERPARTS IIREMAN'L NNO I"SU0ANCE COMPANY 19 THE AMEIIICA. IN U ANCECOMPANY �.Ep E,��y �t��EEy NATIONAL 2UPETY COPPONATION ratc"Ns f YEIY' A6EOC1AYtO INDEMNITY COPPOPAY(ON DWNAMC104FA S AMEIIICAN AUTOMOtILt INOUnAHCE COMPANY SUBDIVISION IMPROVEMENT BOND LABOR AND MATERIAL (CALIFORNIA) WherAas, CITY OF SAN JUAN CAPISTRANO State of California, and THE__LUSK LOMPA Bond o._SCR 111 1920 1371 _ The Premium charged for this Bond is included in that shown on the Performance Bond VISI N thereinafter designated as "Principal") have entered "Vino an agreement w ere y print pal agrees to install and complete certain designated public improvements, which said agreement, dated , 19 , and identified as project SAN JUAN CREEK/VALLE ROAD SIGNAL WITH MINOR INTERSECTION WIDENING is hereby referred to and made a part hereof; and Whereas, Under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with to secure the claims to which reference is made in Title 15 (commend -t 3082) as Part 4 of Division 3 of the Civil Code of the State of California. Now, therefore, said principal and the undersigned as corporate surety, are held firmly bound unto CIT F S JUAN CAPISTRANO (hereinafter designate as gee and a contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of ONE HUNDRED F R HUNDRED AND NO 100 ----------------- dollars (.$ 100,400. or mater,a s urn s ed or abor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will nay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the Obligee in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the Judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and cornorations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to ,give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its oblinations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. In witness whereof, this instrument has been duly executed by the principal and surety above named, on JULY I , 19 91 THE LUSK COMPANY, A CA. CORPORATION (LUSK-SAN JUAN DIVISION) ttU 1o¢—lo-n 1LrG.1 rlrrl /► incipal Ii THE AMERICAN INSURANCE COMPANY L.. Surety By: AAL N L. BAER,tt rn� ey-In-act P.O. Box 1975, Santa Ana, Ca. 92702 Addressr CAT. NO. NNO0737 TO 1945 CA (8-84) (Corporation) TICOR TITLE INSURANCE STATE OF CALIFORNIA 1 COUNTY OF Orange _ 1 SS. On July 2. 1991 before me, the undersigned, it Notary Public in and for said State, personally appeared Rick Talcott personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Vr.ce President, and Donald D. Steffensen personally known to me or proved to me on the basis of satisfactory evidence to be the pason who executed the within instrument as the sst- Secretary of the Corporation that executed the within instrument and acknowledged to me that such corporation executed the within instru- ment pursuant to its by-laws or a resolution of its board of directors. WITNESS my halo and official seal. xga� If cio rune ATTORNEY IN FACT ACKNOWLEDGMENT OFFICIAL SEAL SUSAN C. BERGER Notary R hlo-Callf"nia ORANGE COUNTY .larttlaty 2519�94a fTLia area far rxWMW aoratid ata) STATE OF CALIFORNIA County or..........kIIANOE.................................. ` Q' On this .................l_ ..................................day of .............. ................. ..... to the year.... ..] ........................................1 before me, a Notary Public in and for said ...._...._._...._...._...._..K.±.:.E..".f`.t.`:'E.*.........,.....p........_...p........................ ......................................_County, Slate of California, residing therein, duly commissioned and swom, personally appeared ............ ............ .... 21L131Y...L-.DlSER.........................................................._.................. I15 personally knot n o me, IC proved to me on the basis of satisfactory evidence to be the person whose name i subscribed to this instrument as the attorney in fact of......._...... ...... -......-.....-......._AN. ... IN$,I,I,R.EiNG-...C.Q.MP..E1NY_...................... and acknowle ged to me that I he ❑ she subscribed the name of....._tNE.._AMERIQAN...INSURANCE COMPANY ...thereto as surety, and his ❑ her own name as attorney in fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal a day and year stated in this ccertificate above. OFFICIAL SEAL Notary Public MARIA LUISA R. AGUINALDO e �s Notary Pubbc-California se E COUNTY My commission expires My Comm. Exp. March 7,19% avows—,aa 6s..NERA1: ATTORNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1946, and redomesticated to the State of Nebraska on June 1, 1990, and having its principal office in the City of Omaha, State of Nebraska, has made, constituted and appointed, and does by these presents make, constitute and appoint . ---ALAN L. BAER--- �T CA uiAttomey(a)-ice-Fact, with full power and authority hereby conferred in its name. place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertaking, recogaizanca or other written obligations in the nature thereof ...................................... and to bind the Corporation thereby as fully and to the orae extant as if such bonds were signed by the President, sealed with the corporate sew of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)win-Fad may do in the premise. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "ArUde Vll. Appofntmwtand Antbori4 ofRea/deat Src elarrv, Atrwxya4in-Fad and Agents to accept LOW Promm and Make Appearances, Section 43. Appointment. The Chairman of the Board of Directors, the President, any Vice-Praddeat or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Vice-Preideat may, from time to time, appoint Resident Assistant Secretaries and AHornaya-in-Fact to represent and ad for and on behalf of the Corporation and Agents to accept legal proem and make appearance; for and on behalf of the Corporation. Section 46. Authority. The authority of such Reddest Assistant Secretaries, Attorueysdu-Fad and Agents shall be as prescribed In the Instrument evidencing Their appointment. Any such appointment mod all authority granted thereby may be revoked at any time by the board of Directors or by any person empowered to make such appolalm" ' This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31 at day of July, 1994, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Via -President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of anomey, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation.' IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Via -President, and its corporate seal to be hereunto affixed this 1st day of STATE OF CALIFORNIA COUNTY OF MARIN June ng by me duly sworn, did depose and say: that he executed the above instrument; that he knows the ed by order of the Board of Directors of add Coq t990 . THE AMERICAN INSURANCE COMPANY L, before me personally came R. D. Farnsworth -President of THE AMERICAN INSURANCE COMPANY, the Corporation said Corporation; that the seal affixed to the said instrument is such corporate a and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto ad my hand and affixed my official seal, the day and year herein fust above written, trmsrtmssemmsmamerrI 11F OFFICIAL SEAL a 1. M. VANDEVML l/ c2�-�.� ✓tom' ` NOTARY PUBLIC -CA LIFORNIA Notary Pubac Principal Office in Marin County = Air fammitdan Ispnat Ano. 28. 1992 i CERTIFICATE a1amMWaaaaaaalallMaamUlta sg m longlsa3! 1 STATE OP CALIFORNIA COUNTY OF MARIN se. f,the undersigned, Resident Assistant Secretary of THE AMERICAN INSUR the foregoing and attached POWER OFATTORNEY remains in full fora and Ry4awa of the Corporation, and the Resolution of the Board of Directors; act Sighed and sealed at the County of Mario. Dated the day of • �+h IV 'L Sb�+YC( COV Yi 360711-TAb-90 (REV) in the Power of Attorney, are now /IllI/IIIIIII'��1� V that of the 19 11L. Execu�'-ed In 4 Counterparts /IN[MNA'! /V ND INNVNI.AC[ cOMNA" ! I TNf AN {I11C AN INS.... ct CO MfNNY ��p (. ��[[ �.[��[/[ N.?.ONAL IUACTY C0P^0AATI0N AFMMAHS FUND AS{OCIAT[D IND[NNIIY COMPOAATION DISUR" i W.'.AKMfES ANu1CAN AVTONOnt[ IN{ AANc[ COMPANY SUBDIVISION IMPROVEMENT BOND FAITHFUL PERFORMANCE (CALIFORNIA) r -r -I L-A Bond No. SC 111 1920 1389 PPre/miurn: S 6.851.00 �{ Whereas, Ci t3[ of San Jnan Capistrano , State of California, and The Lusk Company, a CA Corporation (Lusk -San Juan Division) (hereinafter designated as "principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated 19 and identified as project La Novia Avenue Bridge Widening, Bridge Pier Protection & Drop Structure @ Bridge Is hereby referred to 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. Now,. therefore, we, the principal andThp American Insurance Company as surety, are held and firmly bound unto the an rano na sum ohereinafter ca e'Oee',an t pe Qn4 Million One Hundred FortX ne Thousand Nine Hundred and no 100------------------ o ars 1 0 aw u money of the Unite States, or t e payment of which sum we an tru y to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by there Presents. The condition of this obligation is such that if the above bounded 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, 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 Obligee, its officers, 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. 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 the Obligee in successfully enforcing such obligation, all to be taxed as.costs and included in any judgement 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 of to the work or to the specifications. In witness whereof: this instrument has been duly executed by the principal and surety above named. on July tat , 19 91 The Lusk Company, a CA. Corp. i R , The American Insurance Company T ,,�� %�� Surety Alan L. Baer, Attorney -In- act P. 0. Box 1975 Santa Ana CA92702-1975 d rens CAT. NO. NNO0737 TO 1945 CA (8-84) (Corporation) STATE OF CALIFORNIA COUNTY OF Orange SS. On July 2, 1991 before said State, personally appeared Rick Talco personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed is the within instrument as the Vice = President, and Donald D. Steffensen personally known to me or < proved to me on the basis of satisfactory evidence to be then who executed the within instrument as the ApssTSecretary of the Corporation that executed the within instrument and acknowledged to me that such corporation executed the within instru- ment pursuant to its by-laws or a resolution of its board of directors. WITNESS m han and official seal. Y Signature ATTORNEZL4N FACT ACKNOWLEDGMENT STATE OF CALIFORNIA ss. County of.. ..................... On this or TICOR TITLE INSURANCE me, the undersigned, a Notary Public in and for nm:rn I (This arca for official notarial seen in the year _..... .9 9.1 ................... .......... ........ ...., before me, a Notary Public in and for said ny, State of California, residing therein, duly commissioned and sworn, personally appeared.............._1LLEXU2J........0�... ........ tIRJ LIL—)................................... ................. .......... x1personany known to me, Li provea to me on the mats or sausmctory evident to be the person whose name is subscribed to this instrument as the attorney in fact of......_ %E„_AMERICAN..._[; S;y..'._;......- COMPANY- .. and acknowled ed to me that he ❑ she subscribed the name of ................ ........ ....TgE AM€l 1C'1N- In,c ^ ^' COMPANY ..._,,,.thereto as ....... ... w .......... surety, and his ❑ her own name as attorney in fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, [ day and year stated in this certificate above. t;:.... OFFICIAL SMAL. ......._......... .......:..............'-.._.. ... Notar Public...........'...:.\..._.......................................... MARIA LUISA R. AGUINALDO-- y ) Nota Puhlioxalifornia BgA.NGE COUNTY My commission expires My Comm. Exp. March 7, 1995 asoo�a—,-sa I RECMVE?1 SEP 30 1 25 PM '91 CITY CLERK DEPARTMENT CITY OF $AN JUAN CAPISTRAND RECORDED AT THE REQUEST OF AND RETURN TO: City of San Juan Capistrano City Clerk's Department 32400 Paseo Adelanto San Juan Capistrano, CA 92675 91=496 YLFNARECORDED ORANGE COUT,CAIORI 4:00 P.M. SEP 1 21991 Q•`��+�Recorder � CONSTRUCTION COST APPORTIONMENT AND REIMBURSEMENT AGREEMENT THIS REIMBURSEMENT AGREEMENT is made by and between the City of San Juan Capistrano, hereinafter referred to as "City", and the Lusk Company, a California Corporation, herein referred to as "Developer". RECITALS Whereas, City has granted approvals for Tentative Tracts 13436 and 13437 (Resolution Nos. 89-6-6-6 and 89-6-6-7) which have been divided into Tracts 13436, 134370 13865 and 13866; and Whereas, Conditions of Approval require Developer shall design and construct certain improvements to mitigate the impacts caused by his development and be reimbursed in part for those certain improvements; and Whereas, City requires that those certain improvements, as outlined hereafter, be constructed conjointly with his development; NOW, THEREFORE, BE IT RESOLVED between City and Developer as follows: Section 1. Developer shall design and construct, along with this project and subject to reimbursement as outlined herein, the following: AMOUNT TO BE FACILITY TOTAL EST. COST LUSK SHARE $/% REIMBURSED TO LUSK Ia. La Novia Ave. $ 894,000* $116,200 13% $ 777,800 Bridge Widening lb. Bridge Pier $ 87,400* $ 11,400 13% $ 76,000 Protection (Rip Rap) lc. Drop $ 160,500* 0% $ 160,500 Structure @ Bridge Id. San Juan Crk/ $ 200,800* $ 24,100 12% $ 176,700 Valle Rod.Signal With Minor Intersection Widening TOTALS $1,342,700* $151,700* $1,191,000* * Subject to final audit and review and approval of contractor bids by the City Engineer. Construction Cost App�ment and Reimbursement Agree Page 2 Section 2. Developer designed plans shall be submitted to the City Engineer for his review and approval prior to construction. Developer shall submit faithful performance and labor/material bonds in the amount of $1,342,700 prior to beginning construction for projects covered by reimbursement. Said bond shall be on a standard City form by an Agency approved by the City. Section 3. Time Frame for Construction of Improvements Developer shall construct the La Novia Avenue Bridge Widening, Bridge Pier Protection and Drop Structure along with its development and shall complete this work and have it accepted by the City Engineer at the earliest possible date, however, in any case, the work shall be complete prior to the issuance of a Certificate of Occupancy for the remaining fifty (50%) percent of the last phase of development of Tracts 13436, 13437, 13865 or 13866, whichever is the last phase. However, in the event Developer is delayed in the completion of the above -referenced bridge improvements due to circumstances beyond Developer's control, including but not limited to delays caused by City, the County of Orange, the California State Department of Fish & Game or the Army Corps of Engineers, then Developer's obligation to complete said bridge improvements, exclusive of normal processing time, shall be extended accordingly. City and Developer shall mutually agree upon any extended time period. Developer shall construct the traffic signal and minor intersection widening at Valle Road and San Juan Creek Road and have them completed and accepted by the City Engineer prior to the first Certificate of Occupancy issued for the first phase of development of Tracts 13436, 13437, 13865 and 13866, whichever is the first phase. In the event right-of-way is required for the above improvements causing delays beyond the control of Developer, the timing of said improvements may be modified by the City's Director of Engineering and Building. Developer shall design the traffic signal and the relocation of the existing on and off ramps at Valle Road/La Novia/I-5. Said design work shall not include any redesign of the freeway bridge over San Juan Creek Road. In addition to the design work provided herein, Developer shall be responsible for processing said design work with Caltrans for its approval. Said design and processing shall be completed prior to the last Certificate of Occupancy issued for the last phase of Tract Nos. 13436, 13437, 13865 or 13866, whichever is the last phase. However, in the event Developer is delayed in the design and/or processing of the above -referenced improvements due to circumstances beyond Developer's control, exclusive of normal processing time including, but not limited to, delays caused by Caltrans or City, then Developer's obligation to design and process said improvements shall be extended accordingly. The City and Developer shall mutually agreed upon any extended time period. Section 4. Reimbursement to Developer Pursuant to the development approvals given to Developer, Developer will be reimbursed a portion of the total cost of the project. The pro rata costs which Developer shall bear have been determined from the amount of traffic generated by the Lusk Developments as shown in the draft Supplemental Impact Report for areas C and D of the Glendale Federal planned community, prepared by the SWA Group and dated January, 1989, which are the percentages shown in Section 1. Developer shall be reimbursed the above cost of the total project cost over a period of fifteen (15) years from the filing of the Notice of Completion of the last improvement Construction Cost App nment and Reimbursement Agreet Page 3 completed as provided in this Agreement. Timing of reimbursement payments will be according to actual proration contributions based on traffic generation from other developers in the area who develop their property within the 15 -year period. In the event that Developer has not been fully reimbursed for Developer's costs of the project, excepting Developer's pro rata share at the end of said 15 -year period, said reimbursement period may be extended for a five-year period. Section 5. This agreement shall run for a period of twenty years, after which it shall become null and void. Section 6. Time Frame for Repayment to Developer The City shall cause such other Developers to make their pro rata contribution upon the earlier of issuance of a building permit or approval of a Final Map. Section 7. Liability/Indemnification Developer holds City and its elected and appointed officials harmless from any claims or liabilities that may arise out of Developer's construction of improvements described in this Agreement. City holds Developer and its officers harmless from any claims or liabilities that may arise out of any improvements constructed by City or any operations and maintenance of the improvements by City. Developer agrees to maintain liability insurance in the following amounts: I. Comprehensive General Liability Developer shall maintain in full force and effect comprehensive general liability coverage, including premises operations, products/completed operations, broad form property damage and blanket contractual liability in the following minimum amounts: $1,000,000 property damage; $1,000,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. II. Worker's Compensation If Developer employs employees or subcontractors to perform services under this Agreement, Developer shall obtain and maintain, during the life of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. These above stated policies shall not terminate nor shall they be cancelled nor the coverage reduced until after 30 days' written notice is given to the City. Developer shall provide an endorsement to City establishing that City has been legally added as an additional insured to the liability policy required under this Agreement. Section 8. Force Majeure None of the parties hereto shall be deemed to be in default if performance of the obligations required by this Agreement is delayed or becomes impossible because of any act of God, earthquake, fire, strike, sickness, accident, civil commotion, epidemic, act of government, its agencies or officers, or any legitimate cause beyond the control of the parties. Construction Cost Apnment and Reimbursement Agre t Page 4 Section 9. Notices All notices, requests, demands, consents and other communications under this Agreement shall be in writing, including telex and facsimile transmission and shall be deemed to have been duly given on the date of service if served personnally by telex or facsimile transmission or 48 hours after mailing if mailed by first class mail, registered or certified, postage prepaid, return receipt requested, and properly addressed as follows: To: The Lusk Company Attn: Steve Porter 17550 Gillette Avenue P.O. Box C - 19560 Irvine, CA 92713 To: City of San Juan Capistrano Attn: City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Section 10. Assignment This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective representatives, assigns and successors in interest. Section 11. Entire Agreement This Agreement contains the entire agreement between the parties hereto and supercedes any prior or concurrent written or oral agreement between said parties concerning the subject matter contained herein. There are no representations, agreements, arrangements or undertakings, oral or written, between or among the parties hereto relating to the subject matter contained in this Agreement which have not been fully expressed herein. Date Date July 16, 1991 THE LUSK COMPANY A CAtW0RT1§JA CORPORATION 0 By. Vice President APPROVED LEGAL DEPT. By.. 4ecre CITY AN J CAPISTRANO KE FRI S, Mayor Att t: City Clerk E� CORPORATE ACKNOWLEDGMENT E FI rim 1Wl/f71772I_ �: OFFICIAL SEAL CHERYL A. JOHNSON la NOTARY PUBLIC - CALIFORNIA ORMGE COUNTY My comm. expires DEC 13, 1993 0 I On this the �� day of Vy /U 19-1'/, before me, the undersigned NotarTPublic, personally appeared ` /c -'e -ane -1h ''-- r c55 personally known to me ❑ proved to me on the basis of satisfactory evidence to be person(s)who executeg,t(Te it i Q tr�xn a y, j7,tno am+n c P^� II �A '�r''''ll on behalf of the�cbrporation t�tprein named, and acknoW1d eUto me that th ,tiaprrat&, ex—ted t.t/�'"�' WITNES,S.(ny hand and official seal. Signature ATTENTION NOTARY: Although the information requested below is OPTIONAL, it ooM prevem 1ffraudulant attachment of tMs certificate to another document. THIS CERTIFICATE Title or Type of Document �n MUST BE ATTACHED1 TO THE DOCUMENT Number of Pages Date of Document q DESCRIBED AT RIGHT: Signers) Other Than Named Above o IwiRiwLL MlINIT warn.wlsAv•cc+o HNIIRBI,we.•ru. emr „a+•wrage ran.tw s,aw�,rw CAT. NO. NNO0737 T 21945 CA (1-83) J TICOR TITLE INSURANCE (Corporation) rporation) Attached to Construction STATE OF SS. RANGE ORANGE Cost Apportionment & COUNTYOOF F Reimbursement Agreement On July 10, 1991 before me, the undersigned, a Notary Public in and for said State, personally appeared STEFFENSEN ----------------------- personally known to me orprove�-c�7ne•otrtl+e�-asis- of-eeeisfeeTorpeltidexee to be the person who executed a the within instrument as the Vice = President, and RICHARD ------ ------------ personally known to me Or OFFICIAL SM -ptosed-to-nx- t evide*ft to be "'" ELAINE NAGAI the person who executed the within instrument as the ------------' _ NOTARY PUauC GtIFORNIA Secretary of the Corporation PRINCIPAL OFFICE IN that executed the within instrument and acknowledged I ORANGE COUNTY to me that such corporation executed the within instru- ray Cummrsvon Ex7. lay. 2a f992 ment pursuant to its by- ws or a resolution of its _ _ _ - board of directors. WITNESS my he icial seal. r Signatur (This area for official notarial seat) 1 MEMORANDUM TO: FROM: /Cheryl Johnson, City Clerk V �J R. Anthony Foster, Engineering Assistant/— July 17, 1991 r �O/ ��M L SUBJECT: Surety Submittal; Tracts 13436, 13437, 13865, 13866; G1enFed/Lusk; Area C & D The attached bonds are required per the Improvement Agreements for each referenced tract which I forwarded to you yesterday. All bonds are written by American Insurance Company, a City approved insurer. I have also checked with Orange County Probate for approval of the Attorney in Fact, Alan Baer. I have included two copies of each bond and retained a third for my project files. Tract 13436: Monumentation: $11,000 Performance Bond, private streets: $488,218 Performance Bond/Labor and Material Bond Public Sewer Improvements: $221,722 each Performance Bond/Labor and Material Bond Public Storm Drain Improvements: $287,628 each Performance Bond/Labor and Material Bond Public Street Improvements: $167,500 each Tract 13437: Monumentation: $9,250 Performance Bond, Private Streets: $892,440 Performance Bond/Labor and Material Bond Public Sewer Improvements: $150,000 each Performance Bond/Labor and Material Bond Public Storm Drain Improvements: $238,778 each Performance Bond/Labor and Material Bond Public Street Improvements: $689,564 each Tract 13865: Monumentation: $21,000 Performance Bond, Private Streets: $418,024 Performance Bond/Labor and Material Bond Public Sewer Improvements: $211,150 each Performance Bond/Labor and Material Bond Public Storm Drain Improvements: $658,156 each Performance Bond/Labor and Material Bond Public Street Improvements: $586,500 each Cheryl Johnson GlenFed/Lusk C&D Surety Page 2 Tract 13865 Off -Site Improvements: �im�u�ree�-r Traffic Signal/Intersection Widening 1 @ San Juan Creek Road/Valle Road: Performance Bond/Labor and Material Bond: $200,800 each*. Traffic Signal @ sCt�. 1 i 1- 1 g ao - 139'1 Valle Road/I-5 Ramps/La Novia Intersection: Performance Bond/Labor and Material Bond: $108,000 each. La Novia Avenue Bridge Widening, SC 1 I I- 11lJ C)- 1 3g9 Pier Protection & Drop Structure: Performance Bond/Labor and Material Bond: $1,141,900 each*. *As outlined in the Construction Cost Apportionment and Reimbursement Agreement submitted to you on July 16. Tract 13866: Monumentation: $13,000 Performance Bond private streets: $936,363 Performance Bond/Labor and Material Bond Public Sewer Improvements: $225,984 each Performance Bond/Labor and Material Bond Public Storm Drain Improvements: $724,704 each Performance Bond/Labor and Material Bond Public Street Improvements: $370,000 each RAF cc: Ted Simon Ray Vincenti 0 July 22, 1991 Mr. Donald Steffenson The Lusk Company P. O. Box C-19560 Irvine, California 92713 Re: Improvement Agreements and Final Maps - Dear Mr. Steffenson: MEMBERS OF THE CITY COUNCIL LAWRENCE F SUCHHEIM KENNETH E FRIESS GARY L HAUSOORFER GIL JONES JEFF VASQUEZ CITY MANAGER STEPHEN S JULIAN At their regular meeting held July 16, 1991, the City Council of the City of San Juan Capistrano took the following actions: 1. Approved the Improvement Agreements and Final Maps for Tracts 13436, 13437, 13865 and 13866. The approval was subject to a condition that a Letter of Credit in the amount of $1,636,335 be received and approved by the City to satisfy the condition for park land dedication or payment of in -lieu fees. 2. Approved the Construction Cost Apportionment and Reimbursement Agreement. 3. Approved the Agreement Establishing the Slope Displacement Warranty Program. The Letter of Credit was received by the City on July 18, 1991 and approved by the Assistant City Manager on July 19, 1991. Following that approval, the agreements and final maps may be forwarded to the Orange County Recorder. Fully -executed copies of the agreements and a copy of the approved Letter of Credit are enclosed for your files. 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171 0 0 Mr. Donald Steffenson -2- July 22, 1991 The sureties required by the Improvement Agreements have been received. The City has not yet received the insurance, worker's compensation certificate and liability endorsement required in Section 7 of the Construction Cost Apportionment Agreement. The liability insurance required in Section 11 of the Improvement Agreements for Tracts 13866, 13436, 13437 and Section 14 of the Improvement Agreement for Tract 13865 has not yet been received either. Please forward those documents to this office as soon as possible. If you need any further information, please let us know. Very truly yours, Cheryl Johnson City Clerk Enclosures cc: Louise Rice -Lawson Lee Johnson Assistant City Manager Director of Engineering and Building �4. 0 660- bC COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING ACCEPTANCE OF RIGHT-OF-WAY FOR SAN JUAN CREEK ROAD ON THE SOUTH SIDE FROM FORSTER CANYON ROAD EAST 253' AND THE NORTH SIDE ADJACENT TO THE SAN JUAN HILLS GOLF COURSE (GLENFED/LUSK/TORSON PACIFIC) The motion carried by the following vote: AYES: Councilmen Jones, Buchheim, Vasquez, and Mayor Friess NOES: None ABSENT: Councilman Hausdorfer The City Clerk was directed to record the documents with the Orange County Recorder's Office. Written Communication: Report dated July 16, 1991, from the Director of Engineering and Building, advising that the Final Maps were found to be in compliance with the approved Tentative Tract Maps and recommending that the Improvement Agreements and Final Maps be approved for Tracts 13436, 13437, 13865 and 13866. The report also forwarded for approval a Construction Cost Apportionment and Reimbursement Agreement to insure construction of off-site improvements and a Slope Displacement Warranty Program Agreement providing for a combined homeowner/developer surety of $946,000 for any repairs necessary due to slope displacement. Donald Steffenson, The Lusk Company, P. 0. Box C-19560, Irvine, was present to answer questions and introduced Scott Kelly, project manager. The Director of Engineering and Building made an oral presentation. The City Attorney stated that since the City was unable to reach an agreement with Glenfed regarding the -12- 7/16/91 dedication of the river bottom property by quitclaim, Glenfed has indicated they would provide the City with a Letter of Credit in the amount of $1,636,335 by July 19, 1991, which would satisfy the parkland dedication requirement. Before October 15, 1991, the City and Glenfed would attempt to reach agreement regarding conveyance of the land. In the event an acceptable agreement was not reached, the City would draw on the Letter of Credit and the park and recreation fee obligation would be satisfied. He provided a letter and draft Letter of Credit both dated July 16, 1991, setting forth the provisions relative to the park land dedication and amended the recommendation listed in the staff report. Approval of Program. Aareements, and Final Mans: It was moved by Councilman Buchheim, seconded by Councilman Jones, and unanimously carried to approve the Slope Displacement Warranty Program, Construction Cost Apportionment and Reimbursement Agreement, the Improvement Agreements and, subject to a condition subsequent to approval and condition precedent to recordation that Glendale Federal Bank provide to the City an unconditional irrevocable letter of credit in favor of the City in the amount of $1,636,335 to secure satisfaction of the condition for park land dedication or payment of in -lieu fees as more specifically set forth in the letter dated July 16, 1991, executed by Richard R. Rebal, Executive Vice President, Glendale Federal Bank and substantially in the form of the letter of credit attached thereto, the Final Maps for Tract 13436, 13437, 13865 and 13866 (G1enFed/Lusk). The Mayor and City Clerk were authorized to execute the agreements and the City Engineer and City Clerk were authorized to execute the Final Maps subject to the conditions stated above. The City Clerk was directed to record all documents with the Orange County Recorder's Office upon satisfaction of the above -stated condition to provide the City an unconditional irrevocable letter of credit. Atli --iokLej API AL&Lell,t11•. i • • Z1. •.; . • . Written Communication: Report dated July 16, 1991, from the Director of Community Services, providing an overview of the various activities associated with the Open Space Master Plan and Measure D. Mark Clancey, 31982 Via de Linda, representing Friends of Historic San Juan Capistrano, expressed concern that three of the four alternatives presented by the Keith French Group at the last Open Space workshop proposed a City maintenance -13- 7/16/91 • 0 AI:11R OEM DAT! (MM/DD/YY) CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE WESTERN INSURANCE ASSOCIATES DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 1010 E. Union Street POLICIES BELOW. CONVANIESAFFORDINGCOVERAGE Pasadena, CA 91106 819-440-0111 COLCANv LEiiER A vrs. Undwrtrs Lloyds 76.74419 COMPANY LETTER B Vrs.Coinsuring Co. 23.25599 INSURED COMPANY LEITER ti International Ins. Companies THE LUSK COMPANY P.O. Box C-19560 COMPANY LETTER D Irvine CA 92713 LCEOMPAANY E THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LMITS SHO WNMAY HAVE BEEN REDUCED BY PAID CLAMS. 00 LT TYPEW INSURANCE POLMOI YNYMO POLIOYEFFROTr/! DATE(MM/DD/YY) ( VV) POLIOVEXPIRAT DAT!(NM/00/W) LIMITS OENEAALLIABILITY GENERAL AGGREGATE % PRODUCTS-COMP/OP AGE. S 1 000 OOB AX COMMERCIAL GENERAL LIABILITY DA20060 8/01/92 8/01/93 B CLAIMS MADE � OCCUR. PERSONAL & ADV. INJURY S OWNER'S & CONTRACTOR'S PROM EACH OCCURRENCE S 1,000,000 X Contractual FIRE DAMAGE tAny one Orel S L I ■b I I I tv MED. EXPENSE (Afty one personS AUTOMOBILE LIABLITY ANY AUTO COMBINED SINGLE LIMIT ; BODILY INJURY S (Per person) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY 1 HIRED AUTOS NON -OWNED AUTOS (Per accidenU PROPERTY DA&UBE t GARAGE LIABILITY EXOESOLIABLITV EACH OCCURRENCE $ 15 0 0 0 AGGREGATE $ 15 000 000 C X UMBRELLA FORM 5242117842 9/01/92 8/01/93 OTHER THAN UMBRELLA FORA WORKER'S OOMPENSATIOLY STA1Ui0RY LMITS AND EACH ACCIDENT S _� GISEASE-POLICY LIMIT = — EMPLOYERYLIABLITV DISEASE -EACH EMPLOYEE S 1H OTHER W DESCRIPTION Or WgRATIONSILOOATICIODIVEN IOLEgWIOIAL ITEMS Certificate Holder named additional insured as their interest may appear Re: Tracts Nos. 13436, 13437, 13865 8 13866 - += SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYSWRIT TENNO TICE TOT HECERT IFICAT E HOLDER NAMEOT O THE City Of San Juan LEFT, BUT FAILURETO ILSUCHN TICE SHAL OSE NO OBLIGATION OR Capistrano LIABILITY OFANY-KIND UPON ECO91 ITS GEN S OR REPRESENT AT IVES. Attn: Dawn M. Schande:CA92:675 32400 Paseo Adelanto pUTN ORIZED REPRE TAT [ 34QZ000 San Juan Capistrano F • NAMED`INSURED: The Lusk Company, Et Al 0 Endorsement attaching to and forming part of policy number DA20060 in the name of The Lusk Company, Et Al. Effective Date of thie endorsment: August 1, 1992 ADDITIONAL INSURED ENDORSEMENT The City of San Juan Capistrano is included as an additional insured under this policy, but only in connection with the liability arising out of the following project: Lusk/Glenfed Tracts: 13436, 13437 13865 and 13866 1' co L Y AGENDA ITEM July 16, 1991 TO: Stephen B. Julian, City Manager FROM: William M. Huber, Director of Engineering be Building SUBJECT: Approval of Slope Displacement Warranty Program, Improvement Agreement, Construction Cost Apportionment and Reimbursement Agreement and Final Maps, Tracts 13436, 13437, 13865, 13866; GlenFed/Lusk, Areas C do D, 1000' South of La Novia/San Juan Creek Road SITUATION The subject maps have been reviewed and checked by the Engineering Division and are ready for City Council consideration. The maps have been found to be in substantial conformance with Tentative Tract Maps 13436 and 13437 and the Subdivision Map Act. All necessary conditions of approval required prior to Final Map approval by Council Resolutions (Attachments #2 and #3) have been met. All fees, except Park and Recreation, and sureties have been paid and submitted to the City. Due to discrepancies in the final amount of usable dedicated parkland acreage and the amount of acreage reviewed by Park and Recreation and Planning Commissions, the developer has submitted bonding equal to 125% of the required fee. Said bond shall be held by the City until resolution of the land dedication. The Improvement Agreement (Attachment #4) binds the developer and his successors to complete all street, sewer, storm drain and recreational trail improvements. The attached Construction Cost Apportionment and Reimbursement Agreement (Attachment #5) insures off-site improvements (La Novia Bridge widening and signalization of San Juan Creek Road/Valle Road) as conditioned by approval of the Tentative Maps. Installation deadlines are described in Section 3 of the Agreement. The Slope Displacement Warranty Program (Attachment #6) provides a combined homeowner/developer surety of $964,000 for slope repair. NOTIFICATION GlenFed Development (Louise Larson) Lusk Company (David Steffensen) Lockman and Associates, Project Engineers (Lee Johnson) Adjacent Homeowners Associations COMMISSION/BOARD REVIEW, RECOMMENDATIONS These tracts have been previously reviewed by Parks and Recreation, Equestrian, Traffic and Transportation and Planning Commissions and the City Council. FOR C"" COUNCIL AGEN4 13d— AGENDAITEM . . July 16, 1991 Page 2 FINANCIAL CONSIDERATIONS All required fees have been paid and sureties posted except as noted under Situation. ALTERNATE ACTIONS 1. By motion approve agreements and final maps. 2. Do not approve the agreements or maps. 3. Request additional information from Staff. RECOMMENDATION By motion, approve the Slope Displacement Warranty Program, Construction Cost Apportionment and Reimbursement Agreement, the Improvement Agreement and Final Maps for Tracts 13436, 13437, 13865 and 13866 (GlenFed/Lusk). Authorize the Mayor and City Clerk to execute the agreements and the City Engineer and City Clerk to execute the Final Maps. Direct the City Clerk to record all documents with the Orange County Recorder's Office. Respectfully submitted, William M. Huber, P.E. W MH/RAF:cl Attachments: 1. Location Map 2. Resolution 89-6-6-4, Tentative Tract 13436, Area C 3. Resolution 89-6-6-5, Tentative Tract 13437, Area D 4. Improvement Agreement 5. Construction Cost Apportionment and Reimbursement Agreement 6. Slope Displacement Warranty Program Z.• J I ,^ I it f%n1 ! wV AT141CHMENT *I J ww� / .wro w t F a 12 PROJECT LOCATION .?I, Ta 71v ,Ig _ nin 11 ATTACHN t+ T #2 RESOLUTION NO. 89-6-6-4 APPROVING VESTING TENTATIVE TRACT MAP 13436 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP 13436 (GLENFED DEVELOPMENT) WHEREAS, the applicant, Glenfed Development Corporation, California, has submitted Tentative Tract Map 13436, proposing to subdivide approximately 78 acres of land into 26 lots, described as a portion of Sections 7 and 8, T85, R8W, of the San Bernardino Meridian, City of San Juan Capistrano, County of Orange; and, WHEREAS, the City's Environmental Review Board has determined that the proposed project will have a significant effect on the environment, has required the preparation of an environmental impact report, which report has been certified as final by the City Council, and has otherwise carried out all requirements of the California Enviromental Quality Act; and, WHEREAS, the City Planning Commission has forwarded the Vesting Tentative Tract Map to the City Council recommending approval; and, WHEREAS, a public hearing has been duly advertised and held to review and receive public testimony on the application; and, WHEREAS, the City Council of the City of San Juan Capistrano finds and determines as follows. 1. The proposed project, as conditioned, and its design and improvements are consistent with the PC designation on the General Plan map and is otherwise consistent with all other elements of the General Plan. 2. The proposed project, as conditioned, conforms to all applicable requirements of Title 9 of the City's Municipal Code (Land Use) and is consistent with the approved residential concept plan. 3. The project site is physically suitable for the type and density of the proposed development. 4. The design and improvements of the proposed project will not cause substantial environmental damage; nor will said design or improvements avoidably injure wildlife or their habitat. 3. The design or improvements of the proposed project will not cause serious public health problems. 6. The design or improvements of the proposed project will not conflict with easements acquired by the public at large for access through or use of property within the proposed project. 102 • • 7. The design or improvements of the proposed project will not interfere with the maintenance of preservation of an historical site. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano, does hereby approve Vesting Tentative Tract Map 13436, subject to the following conditions: 1. Home Warrant - The provisions of Home Warranty Ordinance) shall corporation selling or offering for sa dwelling units --not previously occup any 12 -month period. Chapter 8-6 of the Municipal Code apply to any person, firm or le within the project three or more .ed for residential purposes --during CC&R's - A set of Conditions, Covenants and Restrictions (CC&R's) shall be prepared and implemented for the project. The CC&R's shall include at a minimum: a. Provisions on the use and maintenance, by the homeowners' association, of recreation areas, other common areas, and slopes. b. The prohibition of radio or television antennas projecting above any roof eaves (pursuant to Section 9-3.609 of the Municipal Code). The CC&R's shall be approved by the City Attorney prior to approval of a final map. Future modifications to the CC&R's shall be submitted to the City for review and approval. 3. Grading Plan - A preliminary grading plan for the project shall be approved by the Planning Commission prior to approval of a final map. Said plan shall be designed to conform to the following criteria: a. The grading plan shall incorporate variable slopes on all major manufactured slopes which simulate natural topography. b. Tops and toes of slopes shall be meandering such that straight edges are not created. C. Tops and toes of slopes shall be vertically rounded. The major landform features shall be reflected in the grading plan. d. When blending manufactured slopes to natural topography, the grading plan shall emphasize the underlying natural area. For example, if a cut slope is across a knoll, the graded slope contours shall be bent to simulate the previous natural element (knoll); with ravines, the manufactured slope shall use conclave contouring that would visually simulate a ravine. 4. Architecture - Architectural elevations shall be approved by the Planning oma mission prior to approval of a final map. -2- 0 9 .1();J 5. Landscape and Wall Plans - Landscape, street tree, and fence/wall plans shall be prepared and implemented for the entire project. Preliminary landscaping, street tree, fence/wall plans shall be approved by the Planning Commission prior to approval of a final map. Following such plan approval, final working drawings shall be approved by the Director of Community Planning and Development. 6. Landscaping Installation - Landscaping shall be installed as follows: (1) Erosion -control landscaping for all manufactured slopes shall be installed immediately after the certification of rough grading by the City. (2) Street trees and all other non -erosion -control landscaping shall be installed in accordance with a landscape phasing plan approved by the Director of Community Planning and Development. No final building inspection shall be conducted for any dwelling unit within a given phase until all landscaping has been installed for that phase and approved by the Department of Community Planning and Development. Landscape Maintenance and Maintenance Easements - The developer shall be responsible for adequately installing and maintaining all landscaping until such maintenance may be assumed by the homeowners' association. An open space maintenance easement shall be created over all major slopes that are within residential lots. Landscaping on said slopes shall be maintained by the homeowners' association. 8. Street Names - Street names shall be approved by the Director of �+ommunity lanning and Development prior to approval of a final map. 9. Vehicular Access Rights - Vehicular access rights to all primary, secondary, and commuter highways shall be released and relinquished to the City except at street intersections. 10. Public Streets - The following public streets shall be designed, constructed, and dedicated in accordance with Section 9-4.103 of the Municipal Code: "A" Street 11. Private Streets - The following private streets shall be designed and constructed in with Section 9-4.103 of the Municipal Code: 12. "B," KC," "D," "E," "F," and "G" Streets. -3- the pP1Y 104 0 0 13. Slo e��WarrantyY - The developer shall participate in the City's Slope Warrant gram. PASSED, APPROVED, AND ADOPTED this 6th of June , 1989. ATTEST: day STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 89-6-6-4 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 6th day of June , 1989, by the following vote: AYES: Councilmen Schwartze, Friess, Bland and Mayor Hausdorfer NOES: None ABSENT: Councilman Buchheim MARY N '_ , 4W . -4- • STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) MARY ANN HANOVER, being first duly sworn, deposes and says: 105 That she is the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in compliance with State taws of the State of California and in further compliance with City Resolution No. 83-12-20-3 and on the 13th day Of June , 1989, she caused to be posted: RESOLUTION NO. 89-6-6-4 , being: APPROVING VESTING TENTATIVE TRACT MAP 13436 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP 13436 (GLENFED DEVELOPMENT? in three (3) public places in the City of San Juan Capistrano, to wit: City Hall; Old Fire Station Recreation Complex; Orange County Public Library. MARY ANWANOVER, CITY CLERK ,;An Juan C%pistrano, California CHECK LIST ORD. NO. / Mayor has signed / Clerk has signed --7'- City Seal stamped L All blanks "Absent" "Noes" "Abstain Copies sent to RES. NO.&I 6 6 Legal Publication ordered to be publish (date) No. Printed copies required /_ Remarks -5- • RESOLUTION NO. 89-6-0 APPROVING VESTING TENTATIVE TRACT MAP 13437 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP 13437 (GLENFED) WHEREAS, the applicant, Glenfed Development Corp, California, has submitted Tentative Tract Map 13437, proposing to subdivide approximately 146 acres of land into 266 lots, described as a portion of Sections 7, 8, 17 & 18, T8S, R8W, of the San Bernardino Meridian, City of San Juan Capistrano, County of Orange; and, WHEREAS, the City's Environmental Review Board has determined that the proposed project will (will not) have a significant effect on the environment, has required the preparation of an environmental impact report, which report has been certified as final by the City Council, and has otherwise carried out all requirements of the California Environmental Quality Act; and, WHEREAS, the City Planning Commission has forwarded the Vesting Tentative Tract Map to the City Council recommending approval; and, WHEREAS, a public hearing has been duly advertised and held to review and receive public testimony on the application; and, WHEREAS, the City Council of the City of San Juan Capistrano finds and determines as follows: 1. The proposed project, as conditioned, and its design and improvements are consistent with the PC designation on the General Plan map and is otherwise Consistent with all other elements of the General Plan. 2. The proposed project, as conditioned, conforms to all applicable requirements of Title 9 of the City's Municipal Code (Land Use) and is consistent with the approved residential concept plan. 3. The project site is physically suitable for the type and density of the proposed development. The design and improvements of the proposed project will not cause substantial environmental damage; nor will said design or improvements avoidably injure wildlife or their habitat. S. The design or improvements of the proposed project will not cause serious public health problems. 6. The design or improvements of the proposed project will not conflict with easements acquired by the public at large for access through or use of property within the proposed project. -1- 0 • 7. The design or improvements of the proposed project will not interfere with the maintenance of preservation of an historical site. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano, does hereby approve Vesting Tentative Tract Map 13437, subject to the following conditions: 1. Home Warrant - The provisions of Chapter 8-6 of the Municipal Code Home Warranty Ordinance) shall apply to any person, firm or corporation selling or offering for sale within the project three or more dwelling units --not previously occupied for residential purposes—during any 12 -month period. 2. CC&R's - A set of Conditions, Covenants and Restrictions (CC&R's) shall be prepared and implemented for the project. The CC&R's'shall include at a minimum: (1) Provisions on the use and maintenance, by the homeowners' association, of recreation areas, other common areas, and slopes. (2) The prohibition of radio or television antennas pro-lecting above any roof eaves (pursuant to Section 9-3.609 of the Municipal Code). The CC&R's shall be approved by the City Attorney prior to approval of a final map. Future revisions to the CC&R's shall be submitted to the City for review and approval. 3. Gradin Plan - A preliminary grading plan for the project shall be —� Sa:d plan soved hall be designethe d o0mmission conform to the follior to owing criteria:oval of a final map. a. The grading plan shall incorporate variable slopes on all major manufactured slopes which simulate natural topography. b. Tops and toes of slopes shall be meandering such that straight edges are not created. c.' Tops and toes of slopes shall be vertically rounded. The major landform features shall be reflected in the grading plan. d. When blending manufactured slopes to natural topography, the grading plan shall emphasize the underlying natural area. For example, if a cut slope is across a knoll the graded slope contours shall be bent to simulate the previous natural element (knoll); with ravines, the manufactured slope shall use conclave contouring that would visually simulate a ravine. —�►. Architecture - Architectural elevations shall be approved by the Planning Commission prior to approval of a final map. S. Landscape and Wall Plans - Landscape, street tree, and fence/wall plans shall be prepared and implemented for the entire project. Preliminary -2- L VU landscaping, street tree, fence/wall plans shall be approved by the Planning Commission prior to approval of a final map. Following such plan approval, final working drawings shall be approved by the Director of Community Planning and Development. 6. Landscaping Installation - Landscaping shall be installed as follows: a. Erosion -control landscaping for all manufactured slopes shall be installed immediately after the certification of rough grading by the City. b. Street trees and all other non -erosion -control landscaping shall be installed in accordance with a landscape phasing plan approved by the Director of Community Planning and Development. No final building inspection shall be conducted for any dwelling unit within a given phase until all landscaping has been installed for that phase and approved by the Department of Community Planning and Development. 7. Landscape Maintenance and Maintenance Easements - The developer shall be responsible for adequately installing and. maintaining all landscaping until such maintenance may be assumed by the homeowners' association. An open space maintenance easement shall be created over all major slopes that are within residential lots. Landscaping on said slopes shall be maintained by the homeowners' association. _a 8. Street Names - Street names shall be approved by the Director of om�Tanning and Development prior to approval of a final map. 9. Vehicular Access Riahts - Vehicular access rights to all primary, secondary, and commuter highways shall be released and relinquished to the City except at street intersections. 10. Public Streets - The following public streets shall be designed, constructed, and dedicated in accordance with Section 9-4.103 of the Municipal Code: "A" Street 11. Private Streets - The following private streets shall be designed and constr— uc� accordance with Section 9-4.103 of the Municipal Code: "Hot "l", "J", "K"r "K-1", "L", "M"r "N", "Q", "P"r "T, "R", "S", -To, '"U", "V", "W", "X", "Y", and "Z" Streets. 12. Validation of Approval - All conditions of approval oL_QUP gx-i7 len ed and the Area n Composite De_ velo` t Plan for Area D shall apply to this Vesting Tentative Tract Map approva . -3- 110 • • 13. Sl a Warrant - The developer shall participate in the City's Slope arranty rogram. PASSED, APPROVED, AND ADOPTED this 6th day of June ,1989. ATTEST: -'ev M-4 NOWAM4. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 89-6-6-5 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 6th day of June , 1989, by the following vote: AYES: Councilmen Schwartze, Friess, Bland and Mayor Hausdorfer NOES: None ABSENT:. Councilman Buchheim (SEAL) MAKY A L C -4- 111 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) MARY ANN HANOVER, being first duly sworn, deposes and says: That she is the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in compliance with State laws of the State of California and in further compliance with City Resolution No. 83-12-20-3 and on the 13th day Of Ji in , 1989, she caused to be posted: RESOLUTION NO. 89-6-6-5 , being: APPROVING VESTING TENTATIVE TRACT MAP 13437 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP 13437 (GLENFED) in three (3) public places in the City of San Juan Capistrano, to wit: City Hall; Old Fire Station Recreation Complex; Orange County Public Library. CHECK LIST ORD. NO. RES. NOP -1,-G- 5 Mayor has signed Clerk has signed _ f City Seal stamped All blanks typecill "Absent" "Noes" — v "Abstain" Copies sent to post Ord. dist. file mail -5 cert, ied n,,W— GASy LQ Legal Publication ordered to be publish (date) No. Printed copies required /0 Remarks MARY ANNJTANOVER, CITY CLERK c.n Juan Ccipistrano, California -5-