The URL can be used to link to this page

02-0918_KB HOME COASTAL, INC_Improvement and Reimbursement Agreement1 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 • Recorded in Official Records, County of Orange Tom Daly, Clerk -Recorder 2003000223069 09:22am 02/28/03 117 75 Al2 8 0.00 0.00 0.00 0.00 14.00 0.00 o.00 0.00 IMPROVEMENT AND REIMBURSEMENT AGREEMENT FOR WATER FACILITIES - TRACTS 15858 AND 15998 _j f THIS REIMBURSEMENT AGREEMENT is made by and between CAPISTRANO VALLEY WATER DISTRICT, hereinafter referred to as "District", and KB Home Coastal Inc., a California Corporation, whose mailing address is 3 Jenner, Suite 100, Irvine, CA 92618-3802, herein referred to as "Developer". WITNESSETH Whereas, Developer agrees to design and construct, at its sole cost and expense but subject to reimbursements provided herein, the construction of the water facilities within the Tract boundaries hereinafter referred to as "Water improvements'; and, Whereas, because the aforementioned water improvements benefit other surrounding areas, the Developer is therefore entitled to reimbursement for a portion of those cost of improvement; and, Whereas, In accordance with the cost calculation described in Exhibit "A", the Developer agrees to be reimbursed by the District a total of $142,063.18, forthe upsizing cost to construct 12 - inch, 16 -inch, and cost to construct additional 8 -inch and 20 -inch water main pipelines and appurtenances in certain portions of the new streets known as Del Zura, Paseo Toscana, and Vivente De Marlita, all within the boundaries of Tracts 15858 and 15998; and, Whereas, In accordance with the cost calculation described in Exhibit "A", the District agrees to be credited by the Developer a total of $132,391.05, for construction cost of full well enclosures (buildings) for three wells, known as CVWD #1, SJBA #2, and SJBA #4 that are required to be constructed by the Developer in compliance with Resolution # 00-4-18-2, condition 9.d.; and, Whereas, In accordance with the cost calculation described in Exhibit "A", the Developer agrees to be reimbursed by the District a total of $9,672.13, for the upsizing cost to construct 12 - inch, 16 -inch, and cost to construct additional 8 -inch and 20 -inch water main pipelines and appurtenances and applying a credit for the construction cost the three well buildings within the boundaries of Tracts 15858 and 15998; and, Duplicate original recorded under document # 2003000223068 Improvement and Reimbureent Agreement • Tracts 15858 and 15998 (KB HOME Coastal, Inc.) Page 2 Whereas, Developer desires to enter into this agreement to provide means for allowing the construction of the water improvements as well as a mechanism for crediting the Developer for the reimbursable costs incurred in constructing such improvement and applying a credit for the construction cost of the three well buildings that results in final reimbursement cost; and, Whereas, District requires that the water improvements be constructed conjointly with the development of Tracts 15858 and 15998; and, NOW, THEREFORE, in consideration of the premises hereinafter set forth, District agrees to reimburse Developer an aforesaid sum of $9,672.13 under the following terms and conditions: Section 1. Reimbursement to Developer: The reimbursement from the District, for the water improvements, totaling $9,672.13, will be paid to the Developer when said improvements are deemed complete and acceptable to the satisfaction of the City Engineer and District Engineer. Section 2. Design Plans Developer designed and approved and District has approved improvement plans up to including revision No. 7 for Tracts Nos. 15858 and 15998 dated May 5, 2002. Developer has submitted faithful performance and labor/material bonds in the amount of the approved Engineer's Cost Estimate for the Water Improvements work prior to commencement of work. Section 3. Liability / Indemnification / Insurance. Developer holds City/District and its elected and appointed officials harmless from any claims or liabilities that may arise during the Developer's construction of improvements, including warranty period, described in this Agreement. City/District holds Developer and its officers harmless from any claims or liabilities that may arise out of any improvements constructed by City/District or any operations and maintenance of the improvements by City. If a judicial action is required to resolve a dispute arising under this agreement or to otherwise enforce any provision of this agreement, then the prevailing party shall be entitled to reimbursement for reasonable attorney's fees and cost from the other party. Developer agrees to maintain liability insurance in the following amounts: I. Comprehensive General Liability. Developer or his agent 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: Improvement'and Reimburs*entAgreement • Tracts 15858 and 15998 (KB HOME Coastal, Inc.) Page 3 $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 construction and warranty period of these improvements, 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 canceled nor the coverage reduced until after 30 days' written notice is given to the City/District. Developer shall provide an endorsement to City/District establishing that City/District has been legally added as an additional insured to the liability policy required under this Agreement. Section 4. Force Maieure. 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. Section S. 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 personally 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: KB Home Coastal, Inc. 3 Jenner, Suite 100 Irvine, CA 92618-3802 TO: CITY OF SAN JUAN CAPISTRANO Attention: City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Improvement and Reimbursement Agreement Tracts 15858 and 15998 (KB HOME Coastal, Inc.) Page 4 Section 6. Agreement runs with the Land. 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 7. Entire Agreement. This Agreement contains the entire agreement between the parties hereto and supersedes 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. (Attach Notary Acknowledgment) APPROVE AS TO FORM DISTRICT COUNSEL KB Home Coastal Inc. A California Cor is DATE CAPIS'TjRRANO VALLEY WATER DISTRICT �O By; lg& l DIANE BATHGATE, tMIRMAN DATE Cl//L^---- ,RET /1/--' .RET R. MONAHAN of the BOARD CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ©� } County of J ss. —^_, On Y YZ' ,before me, L1S0.�1D -�U1r OeW ��Lt Date Name and Title of Officer (e g., Jane Doe, Notaar Lc ) ,1 n n T . personally appeared LISA JO SCHM Comm63lon t :777-M hlblic - G Jiativ r*�ge CO :r1ty MYCcrr c.D;AWSeP21.M1 Place Notary Seal Above ❑ personally known to me ----% proved to me on the basis of satisfactory evidence to be the personwhose name is*e subscribed to the ithin instrument and acknowledged to me that helSk�)thV executed the same in his/hgrlr authQrized capacity ieg), and that by his/Nr/it signatureNon the instrument the perso or the entity upon behalf of which the person acted, executed the instrument. Notary Public Though the information below is not required by law, it hay prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signers) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner —❑ Limited ❑ General El El El El Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER 0 1999 National Notary PBBOLietbn • 9350 Oe Soto Ave., PO, Box 2G • omd,, Nb, CA 9131&2a02 • x nationalnoRry.om Proa. No. 59117 Reo,tler Cell Tdl-FRB 1-8068]8882] 01 GOVERNMENT CODE 27361.7 I CERTIFY UNDER THE PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED TO READS AS FOLLOWS: NAME OF NOTARY: <> L6S ,0 JLhyI�/ COMMISSION NO.: <> la?773 DATE COMMISSION EXPIRES: <> MANUFACTURERNENDOR NO.: <> jJ ►J to COUNTY WHERE BOND IS FILED: <> ©rwe.�c� PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 118 1) On November 5, 2002 before me, Margaret R. Monahan, City Clerk, personally appeared Diane Bathgate, Chairman, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. (SEAL) Capacity Claimed by Signers Chairman Title Signers are Representing Capistrano Valley Water District WITNESS my hand and official seal. Monahan, Clerk of the Board OPTIONAL Description of Attached Document Improvement & Reimbursement Agreement for Water Facilities — Tracts 15858 & 15998 Title or Type of Document 4 plus acknowledgements & Exhibits Number of Pages November 5, 2002 Date of Document KB Home Coastal Chair Signer(s) Other Than Named Above Improvement and Reimbuaent Agreement • Tracts 15858 and 15998 (KB HOME Coastal, Inc.) Page 5 EXHIBIT "A" PUBLIC IMPROVEMENTS TO BE CONSTRUCTED BY DEVELOPER SUBJECT TO REIMBURSEMENT FROM DISTRICT SUMMARY OF REIMBURSABLE COST IMPROVEMENTS SUBJECT TO REIMBURSEMENT ESTIMATED AMOUNT RECLAIMED WATER Upsize Cost from 8 -inch Water Main to 12 -inch $2,474.10 Upsize Cost from 12 -inch Water Main to 16 -inch $6,695.80 Additional 8 -inch Water Main $13,236.25 Additional 20 -inch Water Main $89,977.60 Subtotal $112,383.75 DOMESTIC WATER & SEWER 8 -inch Water Main $7,374.05 Sewer Laterals for flushing wells $3,775.40 Subtotal $11,149.45 Engineering (15%) $18,529.98 Total upsizing cost & additional water related facilities $142,063.18 Three Well Buildings Total credit for construction cost and engineering $(132,391.05) TOTAL REIMBURSEMENT AMOUNT $9,672.13 JUL ✓JG G✓JL'.] 11'11 IIVIY �, .. �.� �••:••��u. CERTIF ATE OF INSURANQ ""0u".' 7/2/2003 PRODUCER THIS CERTIFICATE IS ISSUED ASA MATTER INFORMATION ONLY AND CONFERS NO RIGHTS Aon Risk Services, Inc. of Southern California UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER 707 Wilshire Boulevard, Ste. 6000 THE COVERAGE AFFORDED BY THE POLICIES BELOW. Los Angeles, CA 90017 Tel No. (2131a3032DO INSURERS AFFORDING COVERAGE INSURED INSURER A: XL Insurance Limited KB Home Coastal, Inc. INSURER B: National Union Fire Ins Co, of Pittsburgh, PA _ 3 Jenner, Ste. 100 INSURER c American Home Assurance Co. Irvine, CA 92618 INSURERD: INSURER E: - 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. THE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR 7VPE OF INSURANCE POLICY NUMBER '/ EFFECTM DATE PrA001YY) POLICY MTM DATA WMDDrrY LIMITS GENERAL LIABILITY ©OOIJMERrJAL GF1sut LIAeIIJty ❑ ❑cwasl © DcoLHReaoE ® SIR $1,000,000 ❑ Primary General Liability excluding PrOducts/Completed Operations Liability IS being self-insured by 6/30/2003 6/30/2004 EACH OCCURRENCE S 1,000,000 FIRE DAMAGE (Any One Fire) $ MED EXP (Any One Person) S PERSONAL A ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS-COMP/OP AGG $ 6ef I. II.GRE(NTE LatlT MPLI� PBI; Named Insured ❑ POLICY ❑ PIaD a ❑ LOC B AUTD4oBILE LwsaxrY ® µYID CA8261399 (AOS) 5/15/2003 5/312004 COMBINED SINGLE LIMIT (Ea accident) $ 1.000.000 BODILY INJURY ) S ❑ AIL ovrEaAuros ❑ SCIEOIILm AUT05 CA 8261400 (TX) 5/1520/53 5/312004 BODILY INJURY $ (Por acddwt) ® Hq DAUTDa ® NONOYMEp tyros PROPERTY DAMAGE $ (Per awdwt) ❑ ❑ GARAGE LIABILITY AUTO ONLY -EAACCIDENT $ ❑ iV YAuro OTHER THAN EAACC $ AUTO ONLY: AGO $ EXCE43 LIABILITY Cl octal+ ❑ turasimoe EACH OCCURRENCE $ AGGREGATE $ ❑ D11DBCrJA1 $ L1uNaREUA PDRN $ y C WORKERS' COMPENSATION ANDWC EMPLOYERS' LIABILITYTHE PROPRIETORI 0W INCL PARTNERSIMCUTIVE 7165720 (CA) C 7165721 (AOS) 5!15/2003 51312004 T� VAAM OTWR E.L EACH ACCIDENT S 1.000 000 EL DISEASE - EA EMPLOYEE $ 1,000,000 OFFICERS ARE: ❑ EXCL EL. DISEASE -POLICY LIMIT S 11000.000 OTHER A Excess Liability Products XLOCG-10540 5/312002 5/312005 S5,000,00Gmer OcD, Completed Operations S5,000,DDO/Agg $5,000,000 SIR Per Project DESCRIPTION OF OPERATIONSILOCATH)NSIVEHICLESIRESTRICTIONSISPECIALITEMS KBHome/Coaslawvine/ 2098 Re: SudivWn ImplDvement Agreement Tract 15858/15998 (Village AlipazyUcense agreement Tract 15998 (Village ABpaz) See attached additional Insured endorsement City Of San Juan Capistrano .: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE Attn: City Clerks Office THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MNL 30 DAYS WRITTEN NOTICE TO THE _"= CERTIFICATE HOLDER NAMED TO THE LEFT, aUTO MAIL T FAILURE TSUCH NOTICE SHALL BMOSE NO 32400 Paseo Adelanto OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES San Juan Capistrano, CA 92675 -. AUTHORIZED REPRESENTATIVEJ`7 17 -- -- ---- -- -- rvuUr NUIVMcn. ..w.... -iv, v -- .._.........— .---'•-'-'----- EXCj# LIABILITY PRODUCTSICOMPLETED OPERROD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name of Person or Organization: City of San Juan Capistrano Attn: City Clerks Office 32400 Paseo Adelanto San Juan Capistrano, CA 92675 CoastaVirvine/1/2096 Re: Sudiviskin Improvement Agreement Tract 15858/15998 (Village Alipaz)/License agreement tract 15998 (Village Alipaz) (N no entry appears above, Information required to complete this endorsement will be shown In the Declarations as applicable to this endorsement) WHO IS AN INSURED (Section II) Is amended to Include as an Insured the person or organization shown In the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. Carrier. XL Insurance Limited Named Insured: KS Home Coastal, Inc. Policy No.: XLOCC-10540 Policy Term: 5/31/2002 to 5/31r2005 CG 20 10 11186 Copyright, Insurance Services Office, Inc., 1984 TnTRL P. R3 AGN ,.. Facsimile Transmittal Number of pages: 3 (including cover sheet) Date: -717-/03 To: Dawn Schanderl Company: City of San Juan Capistrano Fax Number: 949-4934053 C� J Aon Risk Services, Inc. Document Production Unit Aon Client Services - LA From: Document Production Fax Number: 1-877-528-1656 Email: ACS_LOS_ANGELES@ARS.AON.COM RE: , KB Home Coastal Inc. Attached Is the requested renewal certificate of Insurance for the above captioned client. The original will follow. ❑ cc: Michelle/KB Home Coastal 949-790.9119 FE / "Confidentiality Notice: The materials enclosed with this facsimile hansmission are private and confidential and are the property of the sender. The information contained in the material is privileged and is intended only for the use of the individual(s) or entity(ies) named above. If you are not the intended recipient, be advised that any unauthorized disclosure, copying, distribution or taking of any action in reliance on the contents of this telecopied information is strictly prohibited. If you have received this facsimile transmission in error, please immediately notify us by telephone to arrange for return of the forwarded docurnents to us." Aon Risk Services, Inc. of Southern California Insurance Services 707 Wilshire Blvd., Suite 6000 *Los Angeles, California 90017 a tel: (866) 283-7123 a fax: (877) 528-1656 a License No. 0530733 JUN -24-2003 16:17 RON 877 528 1656 26 P.02iO3 A►•=••ltu- CERTIF&ATE OF INSURANCA.CtMWUU1TT) 6/24/2003 PRODUCER qw THIS CERTIFICATE IS ISSUED AS A MATTE FORMATION ONLY AND CONFERS NO RIGHTS Aon Risk Services, Inc. of Southern California UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EMEND OR ALTER 707 Wilshire Boulevard, Ste. 6000 THE COVERAGE AFFORDED BY THE POLICIES BELOW. Los Angeles, CA 90017 -_ Tel No. (213) 630 3200 INSURERS AFFORDING COVERAGE INSURED INSURERA: Lexington Insurance Company KB Home Coastal, Inc. INSURER B: National Union Fire Ins Co. of Pittsburgh, PA 3 Jenner, Ste. 100 INSURER C: American Home Assurance Co. Irvine, CA 92616 INSURER 0: XL Insurance Limited INSURER E: t M (!`c y�J ,+ -Ij d- 111�� i 5>jN .,��^♦3'11'II�1,'f� Sir �ir'�JP11CiIP�J1. �1{tt 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. THE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAMS. co TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY IX RATION LIMITS LTR MTE SAVDDmI MTE Ds A LIABILITY 132.0546 5/31/2002 6130/2003 EACH OCCURRENCE $ 1,000,000 lG!EE�INIERAL CICOMYERCIAL OENEMLLWILITY ❑ ❑CLAMI8 MAGE ® OCCURRENOE FIRE DAMAGE (Any One Fra) $ 500.000 MED EXP (Any One Person) y WA ® SIR/MigoOD-Per OCWr,erCe PERSONAL& ADV INJURY $ 1,000,000 ❑ GENERAL AGGREGATE S 11000,000 PRODUCTS -GOMPIOPAGG S Excluded GENLADOREMIE LIMIT APPLIES PER: ❑ POLICY ❑ PROJECr ❑ LOC AUTOMOBILE LIABILITY CA8261399(AOS) 5/15/2003 5131/2004 COMBINED SINGLE LIMIT S 1,000.000 B ®ANYAVro (Ee emIdem) ❑ Au owNED Aurae CA 8261400 (TX) 5/15/2003 5/31/2004 BODILY INJURY F19Ga.UlxEDAUT06 (Per person) $ © HIREDAW05 BODILY INJURY It O NON.OMMEDAUTOS (Per anddent) PROPERTY DAMAGE $ ❑ ❑ (Per accident) GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ ❑ ANYAUTo OTHER THAN EAACC S AUTO ONLY: AGO $ EXCESS LIABILITY EACH OCCURRENCE S ❑OCCUR ❑ CLAW6 Mace AGGREGATE $ ❑ ceoucrrLe $ ❑ waRELU fORM $ C WORKERS' COMPENSATION AND EMPLOYERS' WC 7165720 (CA) 5/15/2003 5/31/2004 66 TOTS OT - LIABILITY THE PROPRIiTORI©INCL WC 7165721 (AOS) E.L. EACH ACCIDENT $ 1.000.000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 PARTNERSIEXECUTNE O"MMMURBARE: ❑ EXCL E.L. DISEASE -POLICY LIMIT $ 1,000,ODO OTHER D Excess Liability Products XLOCC-10540 5/31/2002 5/31/2005 $5.000.000/Perocc. Completed Operations S5.000,000/Agg $5,000,000 SIR Per Project DESCRIPTION OF OPERATIONSRMATK)NSNEHICLESIRESTRICTIONSISPECIALITEMS KSHDme/Coastaulrvine/ 2096 Ra: Sudivislon Improvement Agreement Tract 16858/1SM (Village Aipazyl-icense agreement tract 15985 (Village Alipaz) City of San Juan Capistrano Is additional inwred (except Workers Compensation) as respects to all operations of the Named Insured. 15M N Y: L3'e, Ii'.$Ir .d'?F; sys' City Of San Juan Capistrano r(^y$� SHOULD ANY OF TE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DAM Atte: City Clerks Office TO MAIL 30 DAYS MRTEN NOTICE TO THE LEFT. OFAILURE ERTFIOCA E HOLDER NAMED TOT ELANY +' ', CR TO MAL SUCH NOTICE SHALL IMPOSE NO BUT 32400 Paseo Adelanto V OBLIGATION OR LU1B11 OF ANY KIND UPON THE COMPANY, ITS AGENTS DR REPRESENTATIVES. San Juan Capistrano, CA 92675 PI a;L AUTHOR12ED REPRESENTATIVE f SUN -24-2003 16:18 PUUCY NUMBER: 1320546 PON THIS ENDORSEMM CHANGES THE POLICY 877 528 165E 26 P.03iO3 COMMERCIAL GENERAL LIABILITY PLEASE & IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE PART Name of Penson or Organization; City of San Juan Capistrano Attn; City Clerks Office 32400 Paseo Adelanto San Juan Capistrano, CA 92675 CoastaVlrvinell/2096 Re: Sudivision Improvement Agreement Tract 15858/15998 (Village AlipazyLicense agreement tract 15998 (Village Alipaz) (N no entry appears above, Information required to complete this endorsement will be shown In the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section In Is amended to include as an Insured the person or organization shown In the Schedule, but onlywlth respect to liability arising out of "your work" for that insured by or for you. Carrier: Lexington Insurance Company Named Insured: KB Home Coastal, Inc. Policy No.: 132-0546 Policy Term: 5/31/2002 to 6/30/2003 CG 20 10 1185 Copyright, Insurance Services Office, Inc.. 1984 TnTni o ram 4b a 3. IMPROVEMENT AND REIMBURSEMENT AGREEMENT FOR WATER FACILITIES APPROVED WITH KB HOME COASTAL INC., IN THE AMOUNT OF $9,672.13 FOR TRACTS 15858 AND 15998; CHAIRMAN AUTHORIZED TO EXECUTE THE AGREEMENT ON BEHALF OF THE DISTRICT; AND CITY CLERK DIRECTED TO PROCESS RECORDING OF THE DOCUMENT. (601)II,70) (CONTINUED FROM OCTOBER 15, 2002) 4. PAYMENT OF FEES FOR HABITAT LOSS MITIGATION PLAN MEASURES FOR THE TERMINAL RESERVOIR NO. 2 PROJECT APPROVED IN THE AMOUNT NOT TO EXCEED $19,000 PAYABLE TO THE NATURE CONSERVANCY; AND, $19,000 APPROPRIATED FROM THE WATER CAPITAL IMPROVEMENT FUND TO CIP NO. 753. (530.25) 5. AMENDMENT NO. 2 APPROVED TO THE AGREEMENT WITH CAMP DRESSER & MCKEE INC., IN THE AMOUNT OF $92,854.40 FOR THE TERMINAL RESERVOIR NO. 2 STRUCTURAL AND GEOTECHNICAL INVESTIGATION PROJECT; AND, $92,854.40 APPROPRIATED FROM THE WATER CAPITAL IMPROVEMENT FUND TO CIP NO. 753. (600.70) 6. RESOLUTION NO. CVWD 02-11-05-02 ADOPTED ENTITLED "A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CAPISTRANO VALLEY WATER DISTRICT; AUTHORIZING THE EXECUTION AND DELIVERY OF A QUITCLAIM DEED IN CONNECTION WITH THE ISSUANCE OF LEASE REVENUE BONDS BY THE SAN JUAN BASIN AUTHORITY (GROUND WATER RECOVERY PLANT) (TIRADOR WELL SITE, #1 WELL SITE, SJBA #2 AND #4 WELL SITES)." (670.55) Description: The Tirador Wellsite, CVWD #1 Well Site, SJBA #2 and #4 are currently owned by the District. At some time in the future all property owned by the District will be transferred to the name of the City as part of the final District dissolution into a Water Enterprise Fund of the City. Staff recommends quitclaiming these sites in connection with the issuance of up to $32 million of Lease Revenue Bonds by the San Juan Basin Authority pertaining to the Phase 1 of the Ground Water Recovery Plan project. Written Communication: Report dated November 5, 2002, from Cynthia L. Russell, Administrative Services Director. Board Comments: Director Swerdlin stated he would not support the project due to the associated risks. Board Action: Moved by Campbell, seconded by Director Hart and carried 4-1 to adopt Resolution No. CVWD 02-11-05-01 entitled "A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CAPISTRANO VALLEY -WATER DISTRICT CVWD Minutes 2 11-5-02 0 • AGENDA ITEM TO: George Scarborough, General Manager FROM: Amy Amirani, Public Works Director 11/5/2002 cvwd 6 3 SUBJECT: Consideration of the Improvement and Reimbursement Agreement for Water Facilities (KB Home Coastal Inc.) (Tracts 15858 and 15998) (CIP #782) RECOMMENDATION By motion, Approve the Improvement and Reimbursement Agreement for Water Facilities in the amount of $9,672.13 for Tracts 15858 and 15998 with KB Home Coastal Inc., Authorize the Chairman to execute the Improvement and Reimbursement Agreement on behalf of the District, and Direct the City Clerk to process recording of the document. SITUATION A. Summary and Recommendation KB Home Coastal Inc. (KB Home), the current owner and developer of the subject property, has acquired the approval of the City of San Juan Capistrano (City) and the Capistrano Valley Water District (District) to subdivide a 23.21 -acre site into one hundred fifty-four single-family residential lots. The District has required the construction of certain additional water improvements associated with this developmentto provide adequate water supply to the individual properties. These additional water improvements involve the upsizing of certain water pipe diameters and other water related improvements to accommodate future Water District facilities. KB Home has agreed to construct the additional water improvements, as long as the Water District agrees to pay for the costs of the improvements. In addition, KB Home was required to construct full building enclosures for three wells located on the property: CVWD #1, SJ BA #2, and SJ BA #4. KB Home wishes to enter into the Improvement and Reimbursement Agreement (Attachment 1) for the additional water FOR CITY COUNCIL AGENDA " 2 • • November 5, 2002 facilities. Included in this Agreement are the costs to construct the building enclosures for the three wells. Based upon District policies, developers are often required to upgrade water facilities in exchange for reimbursement of the cost for such improvements. Staff, therefore, recommends the approval of the Improvement and Reimbursement Agreement for Water Facilities for Tracts 15858 and 15998. COMMISION/BOARD REVIEW, RECOMMENDATIONS Tracts 15858 and 15998 have been previously reviewed and approved by the Environmental Review Board, Design Review Board, Transportation Commission, Planning Commission, and the Capistrano Valley Water District Board. FINANCIAL CONSIDERATIONS The Water District will reimburse KB Home Coastal Inc. an amount of $9,672.13 for the cost of the additional water facilities, when said improvements are deemed complete and acceptable to the satisfaction of the City Engineer and the District Engineer. The amount of reimbursement reflects the balance remaining after deducting the costs of the three well buildings from the total water facility upsizing costs as shown on Exhibit "A" of the Agreement. The reimbursement costs for this project have been included in the Capital Improvement Projects budget for fiscal year 2002-03 as CIP #782. NOTIFICATIONS KB Home Coastal Inc.- Hunsaker & Associates, Inc. ALTERNATE ACTIONS Approve the Improvement and Reimbursement Agreement for Water Facilities in the amount of $9,672.13 for Tracts 15858 and 15998 with KB Home Coastal Inc., Authorize the Chairman to execute the Improvement and Reimbursement Agreement on behalf of the District, and Direct the City Clerk to process recording of the document. 2. Refer to staff for additional information. W:\ENG\DVLP\TRCTS\15998\I M PREBRS2KBH. DOC 0 RECOMMENDATION By motion, • November 5, 2002 Approve the Improvement and Reimbursement Agreement for Water Facilities in the amount of $9,672.13 for Tracts 15858 and 15998 with KB Home Coastal Inc., Authorize the Chairman to execute the Improvement and Reimbursement Agreement on behalf of the District, and Direct the City Clerk to process recording of the document. Respectfully submitted: Amy Amirani Public Works Director AA/CLH:ch Prepared by: c' �Y— `Q —, Craig L. Harris Assistant Engineer Attachments: 1. Improvement and Reimbursement Agreement for Water Facilities for Tracts 15858 and 15998 2. Location Map W:\ENG\DVLP\TRCTS\15998\I M PREBRS2KBH. DOC LOCATION ATTACHMENT 2 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 9257S (949) 493-1171 (949) 493-1053 (FAX) Tv w m .sanj uancapistrano. org J«la� i IeleV1e1111 ISIIIBSeB 1961 1776 MEMBERS OF THE CITY COUNCIL DIANE L. BATHGATE COLLENE CAMPBELL JOHN S. GELFF MATT HART DAVID M. SWERDUN CITY MANAGER GEORGESCARBOROUGH NOTIFICATION OF MEETING OF POTENTIAL INTEREST CAPISTRANO VALLEY WATER DISTRICT The Board of Directors of the Capistrano Valley Water District will meet at 7:00 p.m. on November 5, 2002, in the City Council Chamber in City Hall, to consider: "Consideration of the Improvement and Reimbursement Agreement for Water Facilities (KB Home Coastal, Inc.) (Tracts 15858 and 15998) (CIP # 782)" — Item No. B3 If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the Board of Directors through correspondence addressed to the Board and/or by attending the meeting and speaking to the Board during the public meeting. Correspondence related to this item must be received at City Hall by 5:00 p.m. on Monday, November 4, 2002 to allow time for the Board to consider its content. If you would like to speak at the meeting, please complete a blue "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Chairman when the item is considered. You have received this notice at the request of the City staff member Craig L. Harris, Assistant Engineer. You may contact that staff member at (949) 487-4305 with any questions. Capistrano Valley Water District agendas are available to you on the City's web site: www.sanjuancapistrano.org. Thank r your interest, Meg Monahan, City Clerk cc; KB Home Coastal, Inc.'; Hunsaker & Associates, Inc.; Amy Amirani, Public Works Director; Craig L. Harris, Assistant Engineer Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future 0 a MINUTES October 15, 2002 CAPISTRANO VALLEY WATER DISTRICT BOARD OF DIRECTORS Adjourned Regular Meeting CLOSED SESSION (610.85) - None Chairman Bathgate called the Regular Meeting of the Board of Directors of the Capistrano Valley Water District to order at 10:55 p.m. in the City Council Chamber. ROLL CALL BOARD MEMBERS PRESENT: Wyatt Hart, Collene Campbell, David M. Swerdlin, Vice Chairman John S. Gelff and Chairman Diane Bathgate BOARD MEMBERS ABSENT: None STAFF PRESENT: George Scarborough, General Manager; Julia Silva, Assistant City Manager; John Shaw, Legal Counsel; Meg Monahan, Clerk of the Board; Thomas Tomlinson, Planning Director; William M. Huber, Engineering and Building Director; Amy Amirani, Public Works Director; Al King, Jr., Community Services Director; Lt. J.B. Davis, Chief of Police Services; and, Dawn Schanderl, Deputy City Clerk CONSENT CALENDAR �1. IMPROVEMENT AND REIMBURSEMENT AGREEMENT WITH KB HOMES COASTAL INC., FOR WATER FACILITIES AND LOT LINE ADJUSTMENT NO. 02-15858-13 WITH ALIPAZ COMMUNITY ASSOCIATION (TRACTS 15858 & 15998) (CIP No. 782) CONTINUED TO THE MEETING OF NOVEMBER 5, 2002 (60070) Wr tLn Communications: Report and Supplement Report dated October 15, 2002, prepared by Amy Amirani, Public Works Director This item was continued to allow staff to consider additional information received from KB Homes. CVWD Minutes 1 10-15-02 0 MEMORANDUM TO: George Scarborough, General Manager FROM: Amy Amirani, Public Works Director 40 10/15/02 CVWD SUBJECT: Item B-1: Consideration of Approval of the Improvement and Reimbursement Agreement for Water Facilities (KB Home Coastal Inc.) and Authorization of Lot Line Adjustment No. 02-15858-13 (Alipaz Community Association) (Tracts 15858 and 15998) (CIP #782) Rather than presenting this item for consideration at the October 15, 2002 meeting of the Capistrano Valley Water District Board of Directors, I am requesting that this item be continued to the November 5, 2002 meeting. New information has become available and I would like to have the added time to appropriately incorporate the additional information into this item for the Board's consideration. FOR CITY COUNCIL AGENDA.` ` 0 AGENDA ITEM TO: George Scarborough, General Manager FROM: Amy Amirani, Public Works Director 0 CVWD 10/15/2002 SUBJECT: Consideration of Approval of the Improvement and Reimbursement Agreement for Water Facilities (KB Home Coastal Inc.) and Authorization of Lot Line Adjustment No. 02-15858-13 (Alipaz Community Association) (Tracts 15858 and 15998) (CIP # 782) RECOMMENDATION By motion, adopt a resolution: Approving the Improvement and Reimbursement Agreement for Water Facilities — Tracts 15858 and 15998 with KB Home Coastal Inc. 2. Authorizing the Chairman to execute the Improvement and Reimbursement Agreement on behalf of the District. 3. Authorizing the Chairman to execute a Lot Line Adjustment No. 02-15858-13 with Alipaz Community Association. SITUATION A. Summary and Recommendation KB Home Coastal Inc., the current owner/developer, has acquired the approval of the City and the District to subdivide a 23.21 -acre site into one hundred fifty-four single —family residential lots. There are certain water improvements associated with this development, in addition to what is required to provide adequate water supply to the individual properties. These additional water improvements involve the upsizing of certain water pipe diameters and other water related improvements to accommodate future District facilities. The developer has agreed to construct the additional water improvements, as long as the District agrees to pay for the upsizing cost. In addition to the upsizing cost, the developer was required to construct full enclosures (buildings) for three wells known as CVWD #1, SJBA #2, and SJBA #4, FOR CITY COUNCIL AGENDA` ITEM -2- W October 15, 2002 in compliance with City Resolution #00-4-18-2, Condition 9.d (Attachment 5). The cost to construct the building for the wells has been included in the Improvement and Reimbursement for Agreement for Water Facilities — Tracts 15858 and 15998 (Attachment 2). Initially, the site for the replacement of well CVWD #1 was too close in proximity to the existing SJBA Well #2 at the south end of a small park wholly within the Village Alipaz development. The District requested that the developer revise its plans and place the new well at the north end of the park to provide greater separation. This separation will provide for less interference between two operating wells. Staff requested KB Home Coastal Inc., the previous property owner, provide a lot line adjustment for the property known as Lot "D" of Tract 15858. In association with the approval of the lot line adjustment there were certain encumbrances that affected the Deed of Trust for the property being quitclaimed to CVWD. In order to release these encumbrances, a "Request for Partial Reconveyance" (Attachment 4) has been provided to CVWD, releasing the undesirable encumbrances of the property being quitclaimed to CVWD. The new property owner, Alipaz Community Association, has provided the requested lot line adjustment documents and staff concurs with this adjustment. These sites are part of the Groundwater Recovery Plant (GRP) contract, and it will be beneficial to the District to construct the well buildings at a later date in association with the development of the GRP. KB Home Coastal Inc. wishes to enter into an Improvement and Reimbursement Agreement for Water Facilities — Tracts 15858 and 15998 for the construction cost of upsizing certain water pipelines, additional water facilities, and to provide funding for the construction of the three well enclosures. Alipaz Community Association has signed the lot line adjustment and has provided it to the District for execution. Staff recommends the adoption of a Resolution (Attachment 1) that approves the Improvement and Reimbursement Agreement for Water Facilities — Tracts 15858 and 15998 with KB Home Coastal Inc. (Attachment 2) and authorizes the execution of Lot Line Adjustment No. 02-15858-13 with Alipaz Community Association (Attachment 3). B. Background The Developer has agreed to construct and upsize certain water improvements in conjunction with the subject development in order to minimize any construction activities after the development improvements are complete. It is advantageous and cost effective for the District to proceed with the water pipeline cost sharing for the upsizing now, while the Developer is constructing the proposed infrastructure within the tracts' boundaries. The Capital Improvement Projects budget includes funding to pay for upsizing and additional pipe costs (CIP# 782). The City Council approved the Final Map and Subdivision Improvement Agreement for Tract 15858 on July 5, 2000, and the Final Map and Subdivision Improvement Agreement for Tract 15998 on May 1, 2001. The Subdivision Improvement WAENG\DVLP\TRCTS\159WIMPREBRS.DOC ITEM -3- W October 15, 2002 Agreements include, among other improvements, the construction of public water facilities offsite and within the tract boundaries. It is beneficial to the District to have the well buildings constructed at a later date in association with the improvements related to the GRP contract. The lot line adjustment for Lot "D" of Tract 15858 was requested by District staff to increase the distance between well heads, which result in less of a draw down on the area's groundwater level. COMMISIOWBOARD REVIEW, RECOMMEDATIONS The Tracts 15858 and 15998 have been previously reviewed and approved by the Environmental Review Board, Design Review Board, Transportation Commission, Planning Commission, and the Capistrano Valley Water District Board. FINANCIAL CONSIDERATIONS The District will reimburse the Developer an amount of $9,672.13 for the cost of upsizing certain water pipelines and additional water facilities, above the reimbursement provided for the well buildings, when said improvements are deemed complete and acceptable to the satisfaction of the City Engineer. The reimbursement cost for this project has been included in the Capital Improvement Projects budget for fiscal year 2002-03 as CIP# 782 NOTIFICATIONS Judi Schweitzer, KB Home Coastal Inc.* Robert Quiles, KB Home Coastal Inc.* Julie McKenna, Alipaz Community Association c/o Action Property Mgmt.* Ben Etemadi, Hunsaker & Associates, Inc. ALTERNATE ACTIONS Approve the Resolution for the Approval of the Improvement and Reimbursement Agreement for Water Facilities — Tracts 15858 and 15998 with KB Home Coastal Inc. and Authorizing the Execution of Lot Line Adjustment No. 02-15858-13 with Alipaz Community Association. 2. Do not approve the resolution. 3. Refer to staff for additional information. W :\ENG\DVLP\TRCTS\15998\IMPREBRS. DOC AGENDA ITEM RECOMMENDATION By motion, adopt a resolution: -4- October 15, 2002 Approving the Improvement and Reimbursement Agreement for Water Facilities— Tracts 15858 and 15998 with KB Home Coastal Inc. 2. Authorizing the Chairman to execute the Improvement and Reimbursement Agreement on behalf of the District. 3. Authorizing the Chairman to execute a Lot Line Adjustment No. 02-15858-13 with Alipaz Community Association. Respectfully submitted: Glftlf4ffloji Amy Amirani Director of Public Works Prepared by: 6'a-6- //c, --- Craig L. Harris Assistant Engineer AA/CLH:ch Attachments: 1. Resolution 2. Improvement and Reimbursement Agreement for Water Facilities — Tracts 15858 and 15998 3. Lot Line Adjustment 4. Request for Partial Reconveyance 5. Resolution No. 00-4-18-2 6. Location Map W:\ENG\DVLP\TRCTS\15998\IMPREBRS.DOC 0 0 RESOLUTION NO. CVWD 02-10-15- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CAPISTRANO VALLEY WATER DISTRICT, APPROVING THE IMPROVEMENT AND REIMBURSEMENT AGREEMENT FOR WATER FACILITIES —TRACTS 15858 AND 15998 WITH KB HOME COASTAL INC. AND AUTHORIZING THE EXECUTION OF LOT LINE ADJUSTMENT NO. 02-15858-13 WITH ALIPAZ COMMUNITY ASSOCIATION. WHEREAS, On July 5, 2000, the City Council approved the Final Map and the Subdivision Improvement Agreement for Tract 15858; and, WHEREAS, On May 1, 2001, the City Council approved the Final Map and the Subdivision Improvement Agreement for Tract 15998; and, WHEREAS, KB Home Coastal Inc., wishes to enter into an Improvement and Reimbursement Agreement for Water Facilities — Tracts 15858 and 15998 for the construction cost of upsizing certain water pipelines, additional water facilities, and to provide funding for the construction of the three well enclosures; and, WHEREAS, Alipaz Community Association, has provided the documents for Lot Line Adjustment No. 02-15858-13 for the property known as Lot "D" of Tract 15858, upon request by the Capistrano Valley Water District; and, WHEREAS, KB Home Coastal Inc., the owners of said real property, have executed the Improvement and Reimbursement Agreement for Water Facilities — Tracts 15858 and 15998; and, WHEREAS, Alipaz Community Association, the owners of said real property, have executed the documents for Lot Line Adjustment No. 02-15858-13; and, NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the Capistrano Valley Water District does hereby: SECTION 1. Approve the Improvement and Reimbursement Agreement for Water Facilities Tracts 15858 and 15998 with KB Home Coastal Inc. SECTION 2. Authorize the execution of Lot Line Adjustment No. 02-15858-13 with Alipaz Community Association. ATTACHMENT 1 0 SECTION 3. Accept the Quitclaim Deed for Parcel B of Lot Line Adjustment No. 02-15858-13 from Alipaz Community Association. SECTION 4. The Chairman and the Clerk of the Board are authorized to execute the Improvement and Reimbursement Agreement for Water Facilities - Tracts 15858 and 15998 and Lot Line Adjustment No. 02-15858-13 on behalf of the Capistrano Valley Water District. SECTION 4. The Clerk of the Board is hereby authorized to send the Improvement and Reimbursement Agreement for Water Facilities — Tracts 15858 and 15998, and the Lot Line Adjustment No. 02-15858-13 to the Orange County Recorder's Office for recordation. PASSED, APPROVED, AND ADOPTED this _day of , 2002. DIANE BATHGATE, CHAIRMAN ATTEST: MARGARET R. MONAHAN, CLERK OF THE BOARD • 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 C� IMPROVEMENT AND REIMBURSEMENT AGREEMENT FOR WATER FACILITIES - TRACTS 15858 AND 15998 THIS REIMBURSEMENT AGREEMENT is made by and between CAPISTRANO VALLEY WATER DISTRICT, hereinafter referred to as "District', and KB Home Coastal Inc., a California Corporation, whose mailing address is 3 Jenner, Suite 100, Irvine, CA 92618-3802, herein referred to as "Developer". WITNESSETH Whereas, Developer agrees to design and construct, at its sole cost and expense but subject to reimbursements provided herein, the construction of the water facilities within the Tract boundaries hereinafter referred to as "Water improvements"; and, Whereas, because the aforementioned water improvements benefit other surrounding areas, the Developer is therefore entitled to reimbursement for a portion of those cost of improvement; and, Whereas, In accordance with the cost calculation described in (Exhibit "A"), the Developer agrees to be reimbursed by the District a total of $142,063.18, for the upsizing cost to construct 12 -inch, 16 -inch, and cost to construct additional 8 -inch and 20 -inch water main pipelines and appurtenances in certain portions of the new streets known as Del Zura, Paseo Toscana, and Vivente De Marlita, all within the boundaries of Tracts 15858 and 15998; and, Whereas, In accordance with the cost calculation described in (Exhibit "A"), the District agrees to be credited by the Developer a total of $132,391.05, for construction cost of full well enclosures (buildings) for three wells, known as CVWD #1, #2, and SJBA #4 that are required to be constructed by the Developer in compliance with Resolution # 00-4-18-2, condition 9.d.; and, Whereas, In accordance with the cost calculation described in (Exhibit "A"), the Developer agrees to be reimbursed by the District a total of $9,672.13, for the upsizing cost to construct 12 -inch, 16 -inch, and cost to construct additional 8 -inch and 20 -inch water main pipelines and appurtenances and applying a credit for the construction cost the three well buildings within the boundaries of Tracts 15858 and 15998; and, Whereas, Developer desires to enter into this agreement to provide means for allowing the construction of the water improvements as well as a mechanism for crediting the Developer ATTACHMENT 0 9 Improvement and Reimbursement Agreement Tracts 15858 and 15998 (KB HOME Coastal, Inc.) Page 2 for the reimbursable costs incurred in constructing such improvement and applying a credit for the construction cost of the three well buildings that results in final reimbursement cost; and, Whereas, District requires that the water improvements be constructed conjointly with the development of Tracts 15858 and 15998; and, NOW, THEREFORE, in consideration of the premises hereinafter set forth, District agrees to reimburse Developer an aforesaid sum of $9,672.13 under the following terms and conditions: Section 1. Reimbursement to Developer: The reimbursement from the District, forthe water improvements, totaling $9,672.13, will be paid to the Developer when said improvements are deemed complete and acceptable to the satisfaction of the City Engineer and District Engineer. Section 2. Design Plans Developer designed and approved and District has approved improvement plans up to including revision No. 7 for Tracts No. 15858 & 15998 dated May 5, 2002. Developer has submitted faithful performance and labor/material bonds in the amount of the approved Engineer's Cost Estimate for the Water Improvements work prior to commencement of work. Section 3. Liability / Indemnification / Insurance. Developer holds City/District and its elected and appointed officials harmless from any claims or liabilities that may arise during the Developer's construction of improvements, including warranty period, described in this Agreement. City/District holds Developer and its officers harmless from any claims or liabilities that may arise out of any improvements constructed by City/District or any operations and maintenance of the improvements by City. If a judicial action is required to resolve a dispute arising under this agreement or to otherwise enforce any provision of this agreement, then the prevailing party shall be entitled to reimbursement for reasonable attorney's fees and cost from the other party. Developer agrees to maintain liability insurance in the following amounts: I. Comprehensive General Liability. Developer or his agent 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: Improvement and Reimbursement Agreement Tracts 15858 and 15998 (KB HOME Coastal, Inc.) Page 3 $1,000,000 property damage $1,000,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injuryto 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 construction and warranty period of these improvements, 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 canceled nor the coverage reduced until after 30 days' written notice is given to the City/District, Developer shall provide an endorsement to City/District establishing that City/District has been legally added as an additional insured to the liability policy required underthis Agreement. Section 4. 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. Section 5. 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 personally 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: KB Home Coastal, Inc. 3 Jenner, Suite 100 Irvine, CA 92618-3802 TO: CITY OF SAN JUAN CAPISTRANO Attention: City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 0 9 Improvement and Reimbursement Agreement Tracts 15858 and 15998 (KB HOME Coastal, Inc.) Page 4 Section 6. Agreement runs with the Land. 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 7. Entire Agreement. This Agreement contains the entire agreement between the parties hereto and supersedes 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. KB Home Coastal Inc. A( (Attach Notary Acknowledgment) DATE CAPISTRANO VALLEY WATER DISTRICT 0 DIANE BATHGATE, CHAIRMAN 51 Attest: APPROVED AS TO FORM DISTRICT COUNSEL MARGARET R. MONAHAN CLERK of the BOARD CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of �C V On QMe ,before me, Date T Name ane Title of Officer (e.g., Jane Doe, NOW bk ) personally appeared �QK,�Z• l ��111g1Y�- , ❑ personally known to me proved to me on the basis of satisfactory evidence %ace Notary Seal Above Though the information below is not required by law, it and could prevent fraudulent removal and n Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Corporate Officer — Title(s): Partner —❑ Limited ❑ General Attorney in Fact Trustee Guardian or Conservator ❑ Other: Signer Is Representing: to be the person` \ whose nameN is%se subscribed to the Within instrument and acknowledged to me that he/Shq)thT executed the same in his/hw/t*r aut rized capacity i ), and that by his/Nr it signature(,14on the instrument the perso or the entity upon behalf of which the person acted, executed the instrument. valuable to persons relying on the document 'of this form to another document. Number of Pages: RIGHT THUMBPRINT OF SIGNER 01999 National Notary Aeeocia9on • 9350I)e Sora Are.. PO. Bor 2002 • COatswodb, CA 91318-2102 • www.na9oneMia,ypg Rod. No. 59D7 Reeder. call Td F,ee 18008]88891 0 9 Improvement and Reimbursement Agreement Tracts 15858 and 15998 (KB HOME Coastal, Inc.) Page 5 EXHIBIT A PUBLIC IMPROVEMENTS TO BE CONSTRUCTED BY DEVELOPER SUBJECT TO REIMBURSEMENT FROM DISTRICT SUMMARY OF REIMBURSABLE COST IMPROVEMENTS SUBJECT TO REIMBURSEMENT ESTIMATED AMOUNT RECLAIMED WATER Upsize Cost from 8 -inch Water Main to 12 -inch $2,474.10 Upsize Cost from 12 -inch Water Main to 16 -inch $6,695.80 Additional 8 -inch Water Main $13,236.25 Additional 20 -inch Water Main $89,977.60 Subtotal $112,383.75 DOMESTIC WATER & SEWER 8 -inch Water Main $7,374.05 Sewer Laterals for flushing wells $3,775.40 Subtotal $11,149.45 Engineering (15%) $18,529.98 Total upsizing cost & additional water related facilities $142,063.18 Three Well Buildings Total credit for construction cost and engineering $(132,391.05) TOTAL REIMBURSEMENT AMOUNT $9,672.13 Recording requested b* SPS )OpN t,9�i When recorded return to: o `'^ CITY OF SAN JUAN CAPISiRANO 32400 Paseo Adelanto • cq[1FORt�P San Juan Capistrano, Ca. 92675 Attn: City Clerk Documentary Transfer Tax: S Cheryl Johnson, Chy Clerk - San Juan Capistrano, Ca. LOT LINE ADJUSTMENT NO. 02-15858-13 Application received by Site Location or Address L RECORD OWNERS Lot B Name Alipaz Community Association Address Phone 9 This Space For Recorder's Use Only Date A.P. No. Lot D Name Capistrano Valley Water District Address Phone We hereby certify that: 1. We are the record owners of all parcels proposed for adjustment by this application; 2. We have knowledge of and consent to the filing of this application; and 3. The information submitted in connection with this application is true and correct. Si 'A�li�tit0 Lot B: Alipaz Community Association a California Nonprofit Mutual Benefit Corporation Print namehitl LCL baa.aa ^,7 - Contact Person Address Hunsaker & Associates - Kellei Vogler 3 Hughes, Irvine, Ca. 92618 Lot D: Capistrano Valley Water District Print name/title Print name/title Daytime Phone 583-1010 II R. C.E.IL. S. SIGNATURE This document consisting of prages was prepared by me or under my direction on L. S. ✓ L cr 4 �JX f My License Expires L.Wory S. Williams, L.S. 6654 H &A # 988 W.O. #1039-15998X 12-31-03 ATTACHMENT 0 EXHIBIT `A' LOT LINE ADJUSTMENT NO. 02-15858-13 (Legal Description) Owners Existing Parcels Proposed Parcels A. P. Numbers Reference Numbers Ali az Community Association Lot B of Tract No. 15858 APN: PTN 668-511-41,42,52 PARCEL D Capistrano Valley Water District Lot D of Tract No. 15858 APN: PTN 668-511-51 PARCEL B A PROJECT IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, CONSISTING OF A LOT LINE ADJUSTMENT OF LOTS B AND D OF TRACT NO. 15858, AS SHOWN ON A MAP FILED IN BOOK 802, PAGES 34 THROUGH 36, INCLUSIVE, OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. AS MORE PARTICULARLY SHOWN ON EXHIBIT 'B' ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. NOTE: There may be easements of record delineated and referenced on the underlying maps or there may be other recorded easements within the area being adjusted, that are not shown on this document that could encumber said parcels herein. ND SURL Rory tMilliams ��O F� L.S. 6654 xp.12/31/03 <u� 17O'2: Rory S. Williams Date: Exp. 1931)03 sT No. 6654 \Q 9�OF CAUF� H&A # 988 0 EXHIBIT "Bys 0 LOT LINE ADJUSTMENT No. LL 02-15858-13 (MAP) EXISTING PARCELS PROPOSED PARCELS OWNERS A.P. NUMBER REFERENCE NUMBER ALIPAZ COMMUNITY ASSOC. LOT B OF TRACT NO. 15858 APN: PTN. 668-511-41,42,52 PARCEL D CAPISTRANO VALLEY WATER DISTRICT LOT D OF TRACT NO. 15858 APN: PTN. 668-511-51 PARCEL B SHEET 1 OF 1 SHEET NOTE: THERE ARE NO STRUCTURES ON SITE. SCALE: 1 "=40' OINDICATES AN EASEMENT FOR PUBLIC UTILITY PURPOSES PER TRACT NO. 15858 A N N86°51 20'W 45.00' 4 b. *7 '70" A c�00, N88051'20"W 1� A 41 45.00, Q1, &9. 2718 SO. FT."' PARCEL B �l :j • 23' 23' N89'13'50*'W 85,00' 23' 23' A 3' K 3, A �2Lu 3' PARCEL D 3' C)i A1 12628 SO. FT. iP 23' 23' 23' 9V.0 45.00' ih 00. N89'39'10"W N09036 -14' ,E-, (PRIVATE STREET) 9.96' Y_ PASEO TOSCANA LEGEND LOT LINE TO REMAIN H&A LLA NO. 988 —LOT LINE TO BE REVISED DWG BY: T. VOCHECKED BY: R. WILLIAMS REVISED LOT LINE 1:\Alipoz\LLA\988\SHTOl.dwg 0 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of me, `�� 1. r �u e Name end Tl9e of Once (e.g., Doe, ary Public") �.' t_ personally appeared --W before Place Notary Seal Above ❑ personally known to me `:9 proved to me on the basis of satisfactory evidence to be the person(s�, whose nameX is -/ Xe subscribed to the within instrument and acknowledged to me that he/ft/tty executed the same in his/4r/Niir authorized capacityjleri), and that by his/hGFN4ir signaturets�on the instrument the persortK or the entity upon behalf of which the person acted, executed the instrument. Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 Ntl M Notary Auo kn"9350 De SMo Ave., P.O. Box 24o2"CMLLwoM, CA 91313 402-..ralionelootal. Nod No. 5907 Re 1: Cell Tblireo 1-000A87 n Recording Requested By When Recorded Mail To: CAPISTRANO VALLEY WATER DISTRICT QUITCLAIM DEED C� (Space Above This Line For Recorder's Use) DOCUMENTARY TRANSFER TAX $. 0 r .......Computed on the consideration or value of property conveyed; OR ..... Computed on the consideration or value less liens or encumbrances remaining at time of sale. The Undersigned Grantor Signature of Declarant or Agent determining tax --Firm Name -Deed given to clear title after lot line adjustment FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ALIPAZ COMMUNITY ASSOCIATION, A CALIFORNIA NONPROFIT MUTUAL BENEFIT CORPORATION, (Grantor) does hereby REMISE, RELEASE and FOREVER QUITCLAIM to CAPISTRANO VALLEY WATER DISTRICT, (Grantee), any fee title interest in the real property in the City of San Juan Capistrano, County of Orange, State of California, described as Parcel B as shown on Exhibit `B' of Lot Line Adjustment No. 02-15858-13, recorded concurrently herewith in the Official Records Of Orange County, California. Dated STATE OF CALIFORNIA COUNTY OF On � �}}� aua, before me, Lts. -U Ov.W% it Notary Public personally appeared Lyfwr}V•Isltirlp$ and -- personally known to me (or proved to me on the basis of satisfactory evidence) to be the persott(41 whose nam is/a�e, subscribed to the within instrument and acknowledged to me that he s/NK/they executed the same in hisnwx/tlteir authorized capacit�4 , and that by his)w cr7ffw r signature'(s4„on the instrument the persott(qor the entity upon behalf of which the persons,) acted, executed the instrument. MAIL TAX STATEMENTS TO: Satre as above H&A#988 Name Alipaz Community Association, a California Nonprofit Mutual Benefit Corporation Print Name By — Print Nance r Address 0 � Webster). Gui!lory ° ORANGE COUNTY ASSESSOR O9�IAOR��P 834-5031 PRELIMINARY CHANGE OF OWNERSHIP REPORT (To be completed by transferee (buyer) prior to transfer of subject property in accordance with Section 480.3 of the Revenue and Taxation Code.) A Preliminary Change in Ownership Report must be filed with each conveyance in the County Recorder's office for the county where the property is located; this particular form may be used in all 58 counties of California This Report Is Not A Public Document Seller/Transferor: Buyer/Transferee: Assessor's Parcel No(s).: Legal Description: Address/Location Of Property: Mail Tax Information To: Name Address: Phone No. (8 am -5 pm) Communitv Association District PTN 668-511-51 1 Parcel B of LLA No. 02-15858-13 1 Water District NOTICE: A lien for property taxes applies to your property on January 1 of each year for the taxes owing in the following fiscal year, July 1 through June 30. One-half of these taxes is due November 1, and one-half is due February 1. The first installment becomes delinquent on December 10, and the second installment becomes delinquent on April 10. One tax bill is mailed before November 1 to the owner of record. If this transfer occurs after January 1 and on or before December 31, you may be responsible for the second installment of taxes due February 1. The property which you acquired may be subject to a supplemental assessment in an amount to be determined by the Orange County Assessor. For further information on your supplemental roll obligation, please call the Orange County Assessor at 834-2941. PART I: TRANSFER INFORMATION Please answer all questions. YES NO ❑ ® A. Is this transfer solely between husband and wife? (Addition of a spouse, death of a spouse, divorce settlement, etc.)? ❑ ® B. Is this transaction only a correction of the names(s) of the person(s) holding title to the property? (For example, a name change upon marriage) ❑ ® C. Is this document recorded to create, terminate, or reconvey a lender's interest in the property? ❑ ® D. Is this transaction recorded only to create, terminate, or reconvey a security interest (e.g., cosigner)? ❑ ® E. Is this document recorded to substitute a trustee under a deed of trust, mortgage, or other similar document? ❑ ® F. Did this transfer result In the creation of a joint tenancy in which the seller (transferor) remains as one of the joint tenants? ❑ ® G. Does this transfer return property to the person who created the joint tenancy (original transferor)? ❑ ® H. Is this transfer of property: ❑ ® 1. to a trust for the benefit of the grantor, or grantor's spouse? ❑ ® 2. to a trust revocable by the transferor? ❑ ® 3. to a trust from which the property reverts to the grantor within 12 years? [] ® I. If this property is subject to a lease, is the remaining lease term 35 years or more including written options? ❑ ® "J. Is this a transfer between ❑ parent(s) and child(ren)? ❑ or from grandparent(s) to grandchild(ren)? ❑ ® •K. Is this transaction to replace a principal residence by a person 55 years of age or older? ❑ ® -L. Is this transaction to replace a principal residence by a person severely disabled as defined by the Revenue and Taxation Code Section 59.5? Within the same country? ❑ Yes ❑ No -If you checked yes to J, K or L, you may qualify for a property tax reassessment exclusion, which may result in lower taxes on your property. If you do not file a claim your property will be reassessed. PART II: OTHER TRANSFER INFORMATION A. Date of transfer if other than recording date B. Type of transfer. Please check appropriate box. ❑ Purchase ❑ Foreclosure ❑ Gift ❑ Trade or Exchange ❑ Merger, Stock, or Partnership Acquisition ❑ Contract of Sale — Date of Contract ❑ Inheritance— Date of Death ❑ Other: Please explain: LOT LINE ADJUSTMENT ❑ Creation of Lease: ❑ Assignment of a Lease; ❑ Termination of a Lease ❑ Sale/Leaseback ❑ Date lease began ❑ Original term in years (including written options) ❑ Remaining term in years (including written options) C. Was only a partial interest in the property transferred? Yes 0 No If yes, indicate the percentage transferred: % LLA #988 to the best of PART III: PURCHASE PRICE AND TERMS OF SALE - N/A A. CASH DOWN PAYMENT OR Value of Trade or Exchange (excluding closing cost) Amount $ B. FIRST DEED OF TRUST ® _% interest for years. PaymtsJMo. — $ (Prin. & Int. only) Amount $ ❑ FHA ( Discount Points) —Fixed Rate ❑ New Loan ❑ Conventional ❑ Variable Rate ❑ Assumed existing loan balance ❑ VA (_Discount Points) ❑ All inclusive D.T. ($ Wrapped) ❑ Bank or savings & loan ❑ Cal -Vet ❑ Loan Carried by Seller ❑ Finance Company Balloon Payment❑ Yes ❑ No Due Date Amount $ C. SECOND DEED OF TRUST 9 % interest for _ years. Paymts./Mo.— $ (Prin. & Int. only) Amount $ ❑ Bank or savings & loan ❑ Fixed rate ❑ New loan ❑ Loan carried by seller ❑ Variable Rate ❑ Assumed existing loan balance Balloon Payment❑ Yes ❑ No Due Date Amount $ D. OTHER FINANCING: Is other financing involved not covered in (b) or (c) above? 0 Yes No Amount $ Type ® __% interest for years. Paymts./Mo. — $ (Prin. & Int. only) F1Bank or savings & loan Fixed rate ❑ New loan ❑ Loan carried by seller ❑ Variable rate ❑ Assumed existing loan balance Balloon Payment[] Yes ❑ No Due Date Amount $ E. WAS AN IMPROVEMENT BOND ASSUMED BY THE BUYER? Yes No Outstanding Balance: Amount $ F. TOTAL PURCHASE PRICE (or acquisition price, if traded or exchanged, include real estate commission if paid) TOTAL ITEMS A THROUGH E $ G. PROPERTY PURCHASED: ❑ Through a broker; ❑ Direct from seller; ❑ From a family member ❑ Other (please explain) If purchased through a broker, provide broker's name and phone no.: Please explain any special terms, seller concessions, or financing and any other information that would help the Assessor understand the purchase price PART IV: PROPERTY INFORMATION - N/A A. TYPE OF PROPERTY TRANSFERRED: ❑ Single-family residence ❑ Agricultural ❑ Timeshare ❑ Multiple -family residence (no. of units: ) ❑ Coop/Own-your-own ❑ Manufactured Home ❑ Commercial/Industrial ❑ Condominium ❑ Unimproved lot ❑ Other (Description: i.e. timber, mineral, water rights, etc. B. IS THE PROPERTY INTENDED AS YOUR PRINCIPAL RESIDENCE? Yes ❑ No If yes, enter the date of occupancy / , 20 _ or intended occupancy / 20 Month Day Month Day C. 15 PERSONAL PROPERTY INCLUDED IN THE PURCHASE PRICE? (i.e., furniture, farm equipment, machinery, etc.) (other than a manufactured home subject to local property tax?) ❑ Yes ❑ No If yes, enter the value of the personal property included in the purchase price $ (Attach itemized list of personal property) D. IS A MANUFACTURED HOME INCLUDED IN PURCHASE PRICE? ❑ Yes ❑ No if yes, how much of the purchase price is allocated to the manufactured home? $ Is the manufactured home subject to local property tax? ❑ Yes ❑ No What is the Decal Number? E. DOES THE PROPERTY PRODUCE INCOME? ❑ Yes ❑ No if yes, is the income from: ❑ Lease/Rent ❑ Contract ❑ Mineral Rights ❑ Other (explain): F. WHAT WAS THE CONDITION OF THE PROPERTY AT THE TIME OF SALE? ❑ Good ❑ Average ❑ Fair ❑ Poor Please explain the physical condition of the property and provide any other information (such as restrictions, etc.) that would assist the Assessor in determining the value of the property. CERTIFICATION OWNERSHIP TYPE (v) Proprietorship ❑ Partnership ❑ 1 certify that the foregoing is true, correct and complete to the best of my knowledge and belief. Corporation ❑ This declaration is binding on each and every co-owner and/or partner. Other ❑ NAME OF TRANSFEREE OR OFFICER OF TRANSFEREE (typed or printed) TITLE SIGNATURE OF TRANSFEREE OR OFFICER OPMCNSPEREE DATE FEDERAL EMPL YER ID NUMBER NAME OF ENTITY (typed or printeX Capistrano Valley Water District ADDRESS (typed or printed) TELEPHONE NUMBER DATE (NOTE: The Assessor may contact you for additional information.) If a document evidencing a change of ownership is presented to the recorder for recordation without the concurrent filing of a preliminary change of ownership report, the recorder may charge an additional recording fee of twenty dollars ($20). LLA #988 Recording requested by • When recorded mail to: (This Space For Recorder's Use Only) MODIFICATION TO DEED OF TRUST THIS MODIFICATION TO DEED OF- TRUST ("Modification') is made and entered into as of (date), by and between OBSHP COMPANY NO. 3 LLC, a Delaware Limited Liability Company, ("Trustor"), and VILLAGE ALIPAZ LLC, a Delaware Limited Liability Company, ("Beneficiary"). RECITALS: A. Trustor executed a Deed of Trust to First American Title Insurance Company, as "Trustee", in favor of Beneficiary (the "Deed of Trust"), encumbering among other things certain real property situated in the County of Orange, State of California, as security for the payment of certain indebtedness of Trustor to Beneficiary more particularly described in said Deed of Trust. The Deed of Trust was recorded on November 3, 2000 as Instrument No. 20000595583, of Official Records of Orange County, California. B. In connection with a portion of the Deed of Trust Property, as more particularly described in Exhibit "A" attached hereto (the "Property") and certain adjacent real property owned by Trustor, Trustor desires to record the lot line adjustment altering the lot lines between, among others, the Property and said adjacent real property to create new parcels. C. The County of Orange and Beneficiary require, as a condition to recording the aforesaid lot line adjustment, that Trustor and Beneficiary agree to modify the lien of the Deed of Trust with respect to the Property to provide that such lien shall encumber the new legal parcels as described in Exhibit "B" attached hereto. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Trustor and Beneficiary hereby agree as follows: 1. The legal description of the Property shall, concurrently with recordation of the lot line adjustment in the Official Records of Orange County, California, be the legal description as described in Exhibit "B" attached hereto. 2. Neither the aforesaid lot line adjustment nor this Modification shall prejudice any present or future rights, remedies, benefits or powers belonging or accruing to Beneficiary of the Trustee under the terms of the Deed of Trust, including without limitation with respect to the lien of the Deed of Trust on all portions of the Property and the rest of the Deed of Trust Property not previously reconveyed by Beneficiary. LLA #988 0 • 3. Except as specifically provided otherwise above, the terms of the Deed of Trust and the lien thereon upon all of the Property and the rest of the Deed of Trust Property not previously reconveyed by Beneficiary shall remain fully effective and unchanged by reason of this Modification and are hereby ratified and affirmed in all respects by the parties hereto. IN WITNESS WHEREOF, the parties have executed this Modification as of the date first written above. "Current Owner" Alipaz Community Association, a California nonprofit mutual benefit corporation By: Signature Print Name/Titlee'S/perN7— "Trustor" OBSHP COMPANY NO. 3, LLC, a Delaware limited liability company By: IHP Investment Fund HI, L.P., a California limited partnership Managing Member By: Institutional Housing Partners HI, L.P., a California limited partnership General Partner By: Institutional Housing Partners, Inc., a California corporation General Partner By: Signature Print Narnea tle "Beneficiary" VILLAGE ALIPAZ LLC, a Delaware limited liability company By: Concorde Development, L.P., a California limited partnership its Member By: Ferrari Investments, a California corporation its General Partner By: Signature Print Name/Title By: Signature Print Name/Title ILLA #988 1 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Dr�r, `L On , 'JWW 1R aCD}• ,before me, 30. 0 Date (''� Name ta�nd-TIBe of Offlcer .g.. "Jane Doe, It ry Public') personally appeared Kb�taf i &"Z.v-es , a USA JO SCHLnT Ccmmkskxn x. '?T7,73 i ' Notary Pu60c - C . ::stniq L2i WQX1 ! I:eyny.e gp_2i•.'✓.I'•� Place Notary Seal Above ❑ personally known to me `Z proved to me on the basis of satisfactory evidence to be the person(s), whose name is7bw subscribed to the within instrument and acknowledged to me that helf7llxly executed the same in hisNr/fh�ir authorized capacit^q), and that by his7rttkVtkeir signaturn9),pn the instrument the persons.), br the entity upon behalf of which the persoit{A acted, executed the instrument. Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Other: Signer Is Representing: Number of Pages: 0 1888 Nabonel No%ryA Iatlon • 9350 W Soto Ave., P.O. Box 2402 • Ctu4wW 1, CA 9131324 02 • x nafioo ery oq PnA. No. 5907 Reorder. Cell Toll -Free 1-800.878-5621 9 3. Except as specifically provided otherwise above, the terms of the Deed of Trust and the lien thereon upon all of the Property and the rest of the Deed of Trust Property not previously reconveyed by Beneficiary shall remain fully effective and unchanged by reason of this Modification and are hereby ratified and affirmed in all respects by the parties hereto. IN WITNESS WHEREOF, the parties have executed this Modification as of the date first written above. "Current Owner" Alipaz Community Association, a California nonprofit mutual benefit corporation By: Signature Print Name/Title "Trustor" OBSHP COMPANY NO. 3, LLC, a Delaware limited liability company By: IHP Investment Fund III, L.P., a California limited partnership Managing Member By: Institutional Housing Partners HI, L.P., a California limited partnership General Partner By: Institutional Housing Partners, Inc., a California corporation General Partner By: Cy— Signature t� Print Name/Title Q' -Qt -'41--C i E 5. MCCa%CAMOpo V • T', "Beneficiary" VILLAGE ALIPAZ LLC, a Delaware limited liability company By: Concorde Development, L.P., a California limited partnership its Member By: Ferrari Investments, a California corporation its General Partner By: Signature Print Name/Title By: Signature Print Name/Title (,`matures XxtsitRo Notarized) LLA #988 0 9 STATE OF CALIFORNIA ) } ss. COUNTY OF ORANGE ) On September 17, 2002, before me, Joelle Vogel, a Notary Public in and for said State, personally appeared Amette S. McCrimmon, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the persons, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. --- JOELLEVOGEL Commission i 1313349 z y Notary Public - California Orange County Tltrtublic My Comm. Expires Jul 15, 2005 F 3. Except as specifically provided otherwise above, the terms of the Deed of Trust and the lien thereon upon all of the Property and the rest of the Deed of Trust Property not previously reconveyed by Beneficiary shall remain fully effective and unchanged by reason of this Modification and are hereby ratified and affirmed in all respects by the parties hereto. IN WITNESS WHEREOF, the parties have executed this Modification as of the date first written above. "Current Owner" Alipaz Community Association, a California nonprofit mutual benefit corporation By: Signature Print Name/Title "Trustor" OBSHP COMPANY NO. 3, LLC, a Delaware limited liability company By: HIP Investment Fund III, L.P., a California limited partnership Managing Member By: Institutional Housing Partners I11, L.P., a California limited partnership General Partner By: Institutional Housing Partners, Inc., a California corporation General Partner By: Signature Print Name/Title "Beneficiary" VILLAGE ALIPAZ LLC, a Delaware limited liability company By: Concorde Development, L.P., a California limited partnership its Member By: Ferrari Investments, a California corporation its General Partner By: Signature Print Name/Title By: Signature Print NaraelTitle ##,, q��,- $6 �.. �yr �Jignw(fres JYsr�a't �.C'NaegrIZe!iy. LLA #988 TD # 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of /i.Gi',xa,e1 On �,�S�O� before me, Gt/CCits/J (�r�ri Tei Date ^ Name and Ttle of Officer (e.g., "Jane Doe, Notary Pub' ") personally appeared El1GENA D. GENTRY Commiulont 1342878 Notary Public - California orange County My Conn EViraa Feb2e, 2808 Place Notary Seal Above ❑ personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and offici seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s) Other Than Named Above: Capaclty(ies) Claimed by Signer Signer's Name ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1997 National Notary Association • 9350 De Soto Ave., P0. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 • EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY (Prior to Lot Line Adjustment) In the City of San Juan Capistrano, County of Orange, State of California, being Lot B of Tract No. 15858, as shown on a map filed in Book 802, Pages 34 to 36, inclusive, of Miscellaneous Maps, in the office of the County Recorder of said County. LLA #988 EXHIBIT "B" LEGAL DESCRIPTION OF PROPERTY (After Lot Line Adjustment ) In the City of San Juan Capistrano, County of Orange, State of California, Parcel D of Lot Line Adjustment No. 02-15858-13, recorded as Instrument No. in the Official Records of Orange County, California. LLA #988 Recording Requested By When Recorded Mail To: Alipaz Community Association QUITCLAIM DEED 0 (Space Above This Line For Recorder's Use) DOCUMENTARY TRANSFER TAX $. 0* .......Computed on the consideration or value of property conveyed; OR _... Computed on the consideration or value less liens or encumbrances remaining at time of sale. The Undersigned Grantor Signature of Declarant or Agent determining tax --Firm Name *Deed given to clear title after lot line adjustment FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CAPISTRANO VALLEY WATER DISTRICT, (Grantor) does hereby REMISE, RELEASE and FOREVER QUITCLAIM to ALIPAZ COMMUNITY ASSOCIATION, A CALIFORNIA NONPROFIT MUTUAL BENEFIT CORPORATION, (Grantee), any fee title interest in the real property in the City of San Juan Capistrano, County of Orange, State of California, described as Parcel D as shown on Exhibit B' of Lot Line Adjustment No. 02-15858-13, recorded concurrently herewith in the Official Records Of Orange County, California. Dated STATE OF CALIFORNIA COUNTY OF On personally appeared before me, Notary Public, and , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instmment. WITNESS my hand and official seal. Signature of Notary CAPISTRANO VALLEY WATER DISTRICT m Print Name 0 C� Webster j. Guillory ORANGE COUNTY ASSESSOR 834-5031 PRELIMINARY CHANGE OF OWNERSHIP REPORT (To be completed by transferee (buyer) prior to transfer of subject property in accordance with Section 480.3 of the Revenue and Taxation Code.) A Preliminary Change in Ownership Report must be filed with each conveyance in the County Recorder's office for the county where the property is located; this particular form may be used in all 58 counties of California This Report Is Not A Public Document Seller/Transferor: Buyer/rransferee: Assessor's Parcel No($). Legal Description: Address/Location Of Property: Mail Tax Information To: Name Address: Phone No. (8 am - 5 pm) ano Valley Water District Community Association i8-511-51 Parcel D of LLA No. 02-15858-13 1 Alioaz Communitv Association I NOTICE: A lien for property taxes applies to your property on January 1 of each year for the taxes owing in the following fiscal year, July 1 through June 30. One-half of these taxes is due November 1, and one-half is due February 1. The first installment becomes delinquent on December 10, and the second installment becomes delinquent on April 10. One tax bill is mailed before November 1 to the owner of record. If this transfer occurs after January 1 and on or before December 31, you may be responsible for the second installment of taxes due February 1. The property which you acquired may be subject to a supplemental assessment in an amount to be determined by the Orange County Assessor. For further information on your supplemental roll obligation, please call the Orange County Assessor at 834-2941. PART I: TRANSFER INFORMATION Please answer all questions. YES NO ❑ ® A. Is this transfer solely between husband and wife? (Addition of a spouse, death of a spouse, divorce settlement, etc.)? ❑ ® B. Is this transaction only a correction of the names(s) of the person(s) holding title to the property? (For example, a name change upon marriage) ❑ ® C. Is this document recorded to create, terminate, or reconvey a lender's interest in the property? ❑ ® D. Is this transaction recorded only to create, terminate, or reconvey a security interest (e.g., cosigner)? ❑ ® E. Is this document recorded to substitute a trustee under a deed of trust, mortgage, or other similar document? ❑ ® F. Did this transfer result in the creation of a joint tenancy in which the seller (transferor) remains as one of the joint tenants? ❑ ® G. Does this transfer return property to the person who created the joint tenancy (original transferor)? ❑ I$ H. Is this transfer of property: ❑ ® 1. to a trust for the benefit of the grantor, or grantor's spouse? ❑ ® 2. to a trust revocable by the transferor? Cl ® 3. to a trust from which the property reverts to the grantor within 12 years? ❑ ® I. If this property is subject to a lease, is the remaining lease term 35 years or more including written options? ❑ ® "J. Is this a transfer between ❑ paremis) and child(ren)? ❑ or from grandparents) to grandchild(ren)? Cl ® -K. Is this transaction to replace a principal residence by a person 55 years of age or older? ❑ ® *L. Is this transaction to replace a principal residence by a person severely disabled as defined by the Revenue and Taxation Code Section 69.5? Within the same country? ❑ Yes ❑ No *If you checked yes to J, K or L, you may qualify for a property tax reassessment exclusion, which may result in lower taxes on your property. If you do not file a claim your property will be reassessed. Please provide any other information that would help the Assessor to understand the nature of the transfer. If you have answered "yes" to any of the above questions except J K or L, please sign and date; otherwise complete balance of the form. PART It: OTHER TRANSFER INFORMATION A. B. C. Type of transfer. Please check appropriate box. ❑ Purchase ❑ Foreclosure ❑ Gift ❑ ❑ Contract of Sale — Date of Contract ❑ Inheritance — Date of Death ❑ Creation of Lease: ❑ Assignment of a Lease; ❑ Date lease began ❑ Original term in years (including written options) ❑ Remaining term in years (including written optior Was only a partial interest in the property transferred? If yes, indicate the percentage transferred: Trade or Exchange ❑ Merger, Stock, or Partnership Acquisition ❑ Other: Please explain: LOT LINE ADJUSTMENT Termination of Lease ❑ Sale/Leaseback Yes Please answer, to the best of your knowled�l applicable questions, sign and date. If a go does not apply, indicate with "N/A". PART III: PURCHASE PRICE AND TERMS OF S - N/A A. CASH DOWN PAYMENT OR Value of Trade or Exchange (excluding closing cost) Amount $ B. FIRST DEED OF TRUST ® _% interest for years. Paymts./Mo. – $ _ (Prin. & Int. only) Amount $ ❑ FHA (_ Discount Points) —Fixed Rate ❑ New Loan ❑ Conventional ❑ Variable Rate ❑ Assumed existing loan balance ❑ VA (_Discount Points) ❑ All inclusive D.T. ($ Wrapped) ❑ Bank or savings & loan ❑ Cal -Vet ❑ Loan Carried by Seller ❑ Finance Company Balloon Payment❑ Yes ❑ No Due Date Amount $ C. SECOND DEED OF TRUST & —% interest for_ years. Paymts./Mo.- $ _ (Prin. & Int. only) Amount $ El Bank or savings & loan ❑ Fixed rate ❑ New loan ❑ Loan carried by seller ❑ Variable Rate ❑ Assumed existing loan balance Balloon Payment[] Yes ❑ No Due Date Amount $ D. OTHER FINANCING: Is other financing involved not covered in (b) or (c) above? Yes No Amount $ Type ® _ % interest for years. PaymtsJMo. - $ (Prin. & Int. only) ❑ Bank or savings & loan Fixed rate ❑ New loan ❑ Loan carried by seller ❑ Variable rate ❑ Assumed existing loan balance Balloon Payment❑ Yes ❑ No Due Date Amount $ E. WAS AN IMPROVEMENT BOND ASSUMED BY THE BUYER? Yes No Outstanding Balance: Amount $ F. TOTAL PURCHASE PRICE (or acquisition price, if traded or exchanged, include real estate commission if paid) TOTAL ITEMS A THROUGH E $ G. PROPERTY PURCHASED: ❑ Through a broker; ❑ Direct from seller; ❑ From a family member ❑ Other (please explain) If purchased through a broker, provide broker's name and phone no.: Please explain any special terms, seller concessions, or financing and any other information that would help the Assessor understand the purchase price and terms of sale. PART IV: PROPERTY INFORMATION - NIA A. TYPE OF PROPERTY TRANSFERRED: ❑ Single-family residence ❑ Agricultural ❑ Timeshare ❑ Multiple -family residence (no, of units: ) ❑ Co-op/Own-your-own ❑ Manufactured Home ❑ Commercial/Industrial ❑ Condominium ❑ Unimproved lot ❑ Other (Description: i.e. timber, mineral, water rights, etc. ) B. IS THE PROPERTY INTENDED AS YOUR PRINCIPAL RESIDENCE? Yes No If yes, enter the date of occupancy 7 20 _ or intended occupancy !_J 20 Month Day Month Day C. IS PERSONAL PROPERTY INCLUDED IN THE PURCHASE PRICE? (i.e., furniture, farm equipment, machinery, etc.) (other than a manufactured home subject to local property tax?) ❑ Yes ❑ No If yes, enter the value of the personal property included In the purchase price $ (Attach itemized list of personal property) D. IS A MANUFACTURED HOME INCLUDED IN PURCHASE PRICE? ❑ Yes No If yes, how much of the purchase price is allocated to the manufactured home? $ Is the manufactured home subject to local property tax? ❑ Yes ❑ No What is the Decal Number? E. DOES THE PROPERTY PRODUCE INCOME? ❑ Yes ❑ No If yes, is the income from: ❑ Lease/Rent ❑ Contract ❑ Mineral Rights ❑ Other (explain): F. WHAT WAS THE CONDITION OF THE PROPERTY AT THE TIME OF SALE? ❑ Good ❑ Average ❑ Fair ❑ Poor Please explain the physical condition of the property and provide any other information (such as restrictions, etc.) that would assist the Assessor in determining the value of the property. CERTIFICATION OWNERSHIPTYPE Proprietorship I certify that the foregoing is true, correct and complete to the best of my knowledge and belief. Partnership FThis Corporation declaration is binding on each and ever c"wner and/or partner. 8 Y Other NAME OF TRANSFEREE OR OFFICER OF TRANSFEREE (typed or printed) TITLE -) o E 74 SIGNATURE OF TRANSFEREE OR OFFICE OF TRANSFEREE DATE NAME OF ENTITY (typed printed) FEDERAL EMPLOYER ID NUMBER Ali az CommunityAssociation ADDRESS (typed or printed) TELEPHONE NUMBER DATE (NOTE: The Assessor may contact you for additional information.) If a document evidencing a change of ownership is presented to the recorder for recordation without the concurrent filing of a preliminary change of ownership report, the recorder may charge an additional recording fee of twenty dollars ($20). LLA #988 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California I Uf fa w4 r . ss. County of Uf personally appeared ❑ personally known to me --,R proved to me on the basis of satisfactory evidence to be the person'K whose nameNk ift�e subscribed to the within instrument and acknowledged to me that he/hpem eft executed the same in his/Itr7Nir authorized j LISA JO SCHIM capacitytie,�), and that by his/N-7Nir Comitr",mf, � ,, signaturg'* on the instrument the persoft, or Noilmy --Cr i mlo the entity upon behalf of which the person omirl C"iniy acted, executed the instrument. nALo a d a�t ficial se I. Place Notary Seal Above Signature of Noiery Public OPTI Thoughthe information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ' Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: O 1999 National Ndary Aaaoca9 • 9359 Do Bolo Ave.. P.O. Box 2192 • Chabnoodh, CA 91313-2eo2 • www.rellonWm a,oM Prod. No. fil t Roo,der: Cell Tdl.Free 1-B9U9)&9B2) 10/07/02 10:39 FAX 7148004965 REQUEST FOR PARTIAL RECONVEYANCE TO FIRST AMERICAN TITLE INSURANCE COMPANY: WJ002/003 You are hereby authorized to reconvey to the person or persons legally entitled thereto, the hereinafter described property, being a portion of the premises described in a certain deed of trust dated July 31, 2000, made by OBSHP Company No. 3 LLC, a Delaware Limited Liability Company to First American Title Insurance Company, Trustee, a corporation organized and existing under the laws of the State of California, naming Village Alipaz LLC, a Delaware limited Liability Company as beneficiary, which deed of trust was recorded November 3, 2000, as Instrument No. 20000595583 in the Official Records of Orange County, California. All that certain property in the County of Orange, State of California, described as follows: Dated: QL�b� 3_,2002 SEE ATTACHED EXHIBIT "A" VILLAGE ALIPAZ LLC, a Delaware limited liability company By: Concorde Development, L.P., a California limited partnership, its Member By: Ferrari Investments, a California corporation, Its General P B Its: By: Institutional Housing Partners Fund III, L.P., a California limited partnership, its Member By: Institutional Housing Partners III, L.P., a California limited partnership, Its General Partner By: Institutional Housing Partners, Inc., Its General Partner By: 1). -7C6 Its: C_f� By. Its: ATTAR 4 10/07/02 10:39 FAX 7148004985 DESCRIPTION -- -- - V1003/003 EXHIBIT "A" THE LANE) REFERRED TO HEREIN IS SITUATED RV THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SAN JUAN CAPISTRANO, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: LETTERED LOTS A, B, C AND D OF TRACT NO. 15858 AS SHOWN ON A MAP FILED IN BOOK 802, PAGES 34, 35 AND 36 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY. CALIFORNIA. PARCEL 2: LETTERED LOTS A, B, C, D AND E OF TRACT NO. 15998, AS SHOWN ON A MAP FILED IN BOOK 820, PAGES 42 TO 47 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. 0 0 RESOLUTION NO. 00-4-18-2 APPROVING TENTATIVE TRACT MAP 15998 AND FLOODPLAIN LAND USE PERMIT 00-01 (VILLAGE ALIPAZ LLC) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 15998 AND FLOODPLAIN LAND USE PERMIT 00-01 FOR A 13 -ACRE PARCEL LOCATED ON THE EAST SIDE OF ALIPAZ STREET APPROXIMATELY ONE-HALF MILE SOUTH OF DEL OBISPO STREET (VILLAGE ALIPAZ, LLC) WHEREAS, the applicant, Village Alipaz, LLC, 19700 Fairchild Road, Suite 120, Irvine, CA 92612, has submitted a proposal to subdivide an approximately 13 -acre portion of a 22 -acre site into 104 single family residential lots; and, WHEREAS, this proposal has been reviewed in accordance with the California Environmental Quality Act, (CEQA, 1970). On October 5, 1999, the City's Environmental Administrator reviewed this proposal and determined that it qualifies for issuance of a mitigated negative declaration, and all mitigation measures are included as conditions of approval in this draft resolution; and WHEREAS, on November 16, 1999, the City Council held a duly noticed public hearing to consider testimony both in favor of, and in opposition to, Rezone application 99-03, (adopting Specific Development Plan 99-01) and Vesting Tentative Tract Map 15858 (phase one of the Village Alipaz development), and approved these applications; and, WHEREAS, on March 28, 2000 the Planning Commission held a duly noticed public hearing to consider testimony both in favor of, and in opposition to, the applicant's proposal; and forwarded a recommendation of approval for Vesting Tentative Tract Map 15998 and Floodplain Land Use Permit 00-02; and WHEREAS, on April 18, 2000 the City Council held a duly noticed public hearing to consider testimony both in favor of, and in opposition to, the applicant's proposal. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby find that: Tentative Tract Man 1. The proposed map is consistent with the goals and policies of the General Plan in that the proposed use of single family residences, at a density of eight units per acre is consistent ,with the project site General Plan Designation of 1.5 (Medium High Residential). This designation permits residential development at a maximum density of 8 units per acre. -1- ATTAINT 5 2. Alipaz Street is identified as a Secondary Arterial Highway by the Circulation Element Master Plan of Arterial Highways. As conditioned, the proposed cross-sections for Alipaz Street are consistent with the development standards for secondary arterial highways. Furthermore, the proposed entrance, including the private gate, have been designed to prevent circulation interruption on Alipaz Street. 3. As conditioned, the site would be physically suitable for the proposed development. The project site is relatively flat and has been previously graded for agricultural purposes, as well as for the creation of a recreational vehicle storage lot on the rear portion of the site. The project site is located within the AO Zone; a special flood hazard area inundated by 100 year flood, as identified on Federal Emergency Agency Map (FEMA) Flood Insurance Rate Map (FIRM) Panel 75 of 81. The proposal includes grading plans which place the pad elevations a minimum of one foot above the base flood elevation. 4. The proposal is for a tentative map for 104 units on 13 acres, which combined with previously approved Tract Map 15858, will result in a 154 -unit single family residential development on a 22 -acre parcel, with a density of 7.0 units per acre. The project site is a relatively flat twenty-two acre parcel, fronting a secondary arterial highway. The project site will therefore readily accommodate the proposed medium high density development; requiring little landform alteration, and providing ready access to a secondary arterial highway, and the infrastructure located within Alipaz Street. 5. The project site is located on a site which houses an existing R.V. storage lot and a seasonally used strawberry field, and therefore the site does not contain any significant fish or wildlife habitat. Furthermore, as conditioned, the project will comply with the National Pollutant Discharge Elimination System Program, and therefore will not impact off-site wildlife or fish habitat. 6. The proposal does not contain any improvements which would result in serious public health problems. Additionally, as conditioned, the proposal will require the preparation of a Phase Two Preliminary Environmental Site Assessment (PESA) and completion of any mitigation measures identified in the PESA. Thus conditioned, future residents will not be exposed to any potential hazards related the site's existing agricultural and storage uses. 7. The project site does not contain any access easements for the public at large. An existing ten -foot -wide access easement which runs along the south property line and serves an adjacent piece of property will be rendered unusable by the projected phase two grading. The applicant is proposing an on-site easement to compensate for the loss of this easement. 8. The proposed site does not contain any above around historic resources. Additionally, as conditioned. Arch eologicallPaleontological monitoring will be required during grading operations to insure that any subsurface historic resources are collected and documented in an appropriate manner. -2- • 0 Floodplain Land Use Permit 1. The grading plans and documentation provided with the site and development plans indicate that the project meets the requirements of Section 9-5.305 of the Land Use Code. BE IT FURTHER RESOLVED, that .the City Council approves Vesting Tentative Tract Map 15998 and Floodplain Land Use Permit 00-01, subject to the following conditions: 1. The exhibit entitled "Easement Disposition Exhibit, Tract 15858 and 15998", is for informational purposes only. Approval of Tentative Tract Map 15998, and related land use entitlements, does not constitute acceptance of any of the proposals for quitclaiming, selling or purchasing of easements or fee title properties. 2. Grading permits forthe edge treatment along the southern property line shall incorporate a rear yard fence located on the property boundary line, and a 2:1 slope and retaining wall over the adjacent access easement (refer to Exhibit 1). If the applicant is not able to secure the required permission from affected easement and property holders for this edge treatment design (refer to conditions 3 and 4, following), the applicant shall submit revised plans for consideration by the City Council. Said plans shall be designed to minimize the apparent mass of the property line wall through materials, design and landscaping, or other appropriate method. 3. Prior to issuance of building or grading permits for the edge treatment along the southern project boundary which encroaches onto the adjacent property, the applicant and affected property holder shall record an easement permitting the construction of proposed improvements. 4; Prior to recordation of final map, the applicant shall negotiate for the reconstruction or relocation of water transmission facilities to relocate the facilities entirely within their respective easements, or grant revised/additional easements to accommodate the facilities in their existing locations. All costs associated with these alternatives, including costs of removal and reconstruction of facilities or costs associated with preparing and recording appropriate legal documents shall be at the sole expense of the applicant. 5. Prior to recordation of the final map for phase two, the applicant shall submit proof, in the,form of an executed agreement, recorded easement, or some other form determined adequate by the Planning Directorand City Engineer, that adequate secondary access has been provided to Calle Rolando, Del Obispo Street (via the OCFCD maintenance road) or an equivalent access acceptable to the Planning Director and City Engineer. 6. PRIOR TO FINAL MAP APPROVAL 6Y CITY COUNCIL a. Compliance. The Tract Map shall be developed in full compliance with the State of California Subdivision Map Act and the City of San Juan Capistrano 0 Municipal Code, except as authorized by the City Council and/or Planning Commission. The attention of the Developer and his Engineer is directed to Section 9-2.3 and 9-4 of the Municipal Code (Engr.). b. Pay Fees. The applicant shall fulfill all applicable fee requirements in accordance with the City Municipal Code, Section 9-2.316 and post securities to insure satisfactory performance (Engr.). C. Storm Runoff, Hydraulicihydrology Calculations. The applicant shall submit to the City Engineer for review and obtain approval for a Storm Runoff study prepared by a Registered Civil Engineer showing existing and proposed facilities, hydraulic and hydrologic calculations and the methods of draining on-site and tributary areas without exceeding the capacity of any affected street or facility. Said study shall be consistent with the City's Master Drainage Plan in accordance with all applicable City regulations, OCEMA design criteria, and standards (Engr.). d. Properties in Flood Hazard Areas per (FEMA). For any property wholly or partially located within the Special Flood Hazard Area A, as established by the Federal Insurance Rate Map (FIRM), building pad elevations may be required to be constructed above a specific elevation, which shall be confirmed with the Federal Emergency Management Agency (FEMA) during Grading Plan Design (Engr.). e. Soils/Geology. The applicant shall submit to the City Engineer and Building and Safety Manager for their review and obtain approval for a Soils Report/Geotechnical Feasibility Study prepared by a Registered Geologist and/or Soil Engineer to determine the seismic safety and soils stability of all proposed grading and development improvements within the project and preliminary pavement sections and substructure bedding/backfill recommendations (Engr.). f. Traffic. The applicant shall submit to the City Engineer, for review and obtain approval of final improvement plans for all traffic mitigation improvements including both on and off-site as identified in the Traffic Study prepared under City direction in accordance with Council Policy 311 (Engr.). g. Off-site/On-site Improvements Participation. The applicant shall enter into an agreement with the City to construct and/or contribute the project's fair share financial participation for the improvements identified in the City approved traffic study performed by the City's consulting engineer, under the guidelines outlined in Administrative Policy #310, summarized as follows: • Alipaz and Camino Del Avion - Install traffic signal • Valle & La Novia/1-5 NB - Install traffic signal 1-5 SB & Ortega Highway - Add 2nd WB left -turn lane • 1-5 NB & Ortega Highway - Add NB lane The developer's responsibility shall be in accordance with City Council policy #111 "Fair Share Methodology and Developer's Reimbursement", as approved by the City Engineer. In the event that the applicant and the City are ME 0 0 unable to reach agreement as to the applicant's responsibility, the City Council shall have final authority in determining appropriate obligation. (Engr.) h. The existing sewer and public utility lines, located adjacent to the western bank of Trabuco Creek, at the eastern border of this site, shall be free and clear from any permanent obstacles within their respective easements. The easement widths shall be shown on tentative maps for phase three of the site and shall allow for a minimum width of ten feet from centerline of pipe to the rear property line of the proposed lots. i. Utility Access Over Private Streets. The final map shall include irrevocable offers to dedicate easements for access and maintenance purposes over all private streets for all utility providers, including but not limited to, the City of San Juan Capistrano, the Capistrano Valley Water District, the San Juan Basin Authority, San Diego Gas and Electric, The Gas Company, Cox Communication, and Pacific Bell. j. Access and Maintenance Easements for CVWD Wells One and Two. The final map shall include easements for access and maintenance purposes for CVWD Wells One and Two. Said easements shall include a minimum of width of 20 feet of unimpeded vehicular access and 12 feet on all sides for maintenance purposes. These easements shall connect the CVWD parcels to the access easements within the private streets. k. The hydro -pneumatic tank, associated with Well Two, shall be relocated to the San Juan Capistrano Sports Park or other location acceptable to the City of San Juan Capistrano. All costs associated with the relocation, including actual relocation of the tank, any and all pipelines associated with the relocation, and any additional utility lines, shall be the sole responsibility of the applicant. I. Grading. The applicant shall submit to the City Engineer and Building and Safety Managerfor their review and obtain approval for Grading Plans prepared by a Registered Civil Engineer consistent with conceptual grading plans approved by the Planning Commission/City Council with this Resolution. These plans shall show the limits of grading, drainage, sewer, water and parkway/street improvements. The extent of the topography shall be extended enough to determine the drainage impacts to adjacent properties. The elevations shall correspond with the Orange County benchmark datum. All drainage must be conveyed to the street or a City approved drainage facility in City approved dedicated easements (Engr.). M. Permission to Grade from Neighbor. The applicant shall submit to the City Engineer and to the Building and Safety Manager, for any necessitated off-site grading, a notarized written permission from adjacent property owners affected by said off-site grading (Engr.). -5- n. Erosion. The applicant shall submit to the City Engineer and Building and Safety Manager for their review and obtain approval for Erosion/Silt Control Pians prepared by a Registered Civil Engineer. These plans shall show all temporary and/or permanent erosion control devices, effective planting of graded slopes, practical accessibility for maintenance purposes and proper precautions to prevent public trespass onto certain areas where impounded water may create a hazardous condition (Engr.). o. Drainage. The applicant shall submit to the City Engineer for review and obtain approval for Drainage Plans specific to the project which show the removal and replacement of existing drainage facilities and reflect consistency with the City's Drainage Master Plan. Mitigation of deficient down -stream drainage system directly impacted by this proposal shall be bome by this development. These plans shall show locations of all existing and proposed facilities and corfesponding easements (Engr.). P. Dry Utilities (Elect., Telephone, Cable TV, Gas). The applicant shall submit to the City Engineer, for review and obtain approval for, Electrical, Gas, Telephone and Cable Television Installation Plans to ensure compatibility with existing and proposed improvements (Engr.). q. Sewer and Water. The applicant shall submit to the City Engineer, for review and obtain approval for, Sewer and Water Plans prepared by a Registered Civil Engineer. These plans shall be specific to the project which reflect consistency with the City's Sewer and Water Master Plans, City's standards, specifications and codes and the Capistrano Valley Water District (Engr.). r. Sewer Manholes to be Lined. The Sewer Plans shall indicate that all proposed sewer manholes„SII be lined with polyurethane, or equal approved material, at the developer's cost (Engr.). S. Street Improvement. The applicant shall submit to the City Engineer, for review and obtain approval for, Street and Signal Improvement Plans, prepared by a Registered Civil Engineer. These plans shall show all existing and proposed improvements including storm drain, sewer and water (Engr.). t. Sidewalk on Both Sides of Streets. The Street Improvement Plans shall show sidewalks to be provided on both sides of all streets, and shall also indicate a three foot wide public utility easement on each side of the street. (Engr.). U. Tentative Map Compliance and Closure Calculations. The applicant shall submit to the City Engineer for review and obtain approval for a Final Map in substantial compliance with the approved Tentative Map. Said Map shall be accomoanied with traverse closure calculations ,no an updated Title Search Report (Engr./. BE V. HOA Maintained Improvements. The applicant shall indicate on the Final Map that all streets, drainage, street lights, street signs and striping improvements within the interior of this subdivision designated as private shall be maintained by the Home Owner's Association or other provisions for maintenance which may be subsequently approved by the City (Engr.). W. Dedications and Maintenance Responsibility. The applicant shall indicate on Final Map, as determined by the City Engineer, all appropriate offers of dedication and access rights stating their purposes and their maintenance responsibilities (Engr.). X. Public Land Dedications. The applicant shall indicate and show on the Final Map dedication of right-of-way for Alipaz Street in accordance with the Master Plan of Highways and City Standards. Y. Street Access Release. The applicant shall indicate and show on the Final Map the following release: "Subdivider hereby releases and relinquishes to the City of San Juan Capistrano, all vehicular access rights to Alipaz Street except at street intersections and City approved driveway locations (Engr.). Z. Post Bond/Provide Securities. The applicant shall provide performance bonds/securities for 100% of each estimated improvement cost as prepared by a Registered Civil Engineer and approved by the City Engineer and City Attorney for each, but not limited to, street improvements, traffic signals, signing and striping; street lights; storm drains, sewer, water, landscaping and irrigation in private slopes and open space. In addition, the applicant shall provide labor and materials bonds/securities for 100% of the above estimated improvement costs as determined by the City Engineer (Engr.). aa. Submission of Digital Map per County Requirement. Prior to recordation of the Final Map, the applicant shall submit for review and obtain approval of the Orange County surveyor for, a digital Tract/Parcel Map pursuant to Orange County Ordinance 3809 of January 28, 1991. The applicant shall pay for all cost of said digital submittal including supplying digital copies to the Ci of the final County Surveyor approved digital map in a .DXF format. In addition, the applicant shall provide digital copies of all improvement plans and as-builts in the digital format. a bb. Developer Deposit Account. Prior to approval of final map, the developer shall pay any outstanding balance in the Developer Deposit Account assigned to this application (Planning). cc. Conditions, Covenants and Restrictions (CC&R's). The developer shall obtain approval for CC&R's from the Planning Director, Engineering rid Building Director and City Attorney. CC&R's which shall not be amended without similar approval, shall be recorded with the final map and shall include (Planning): -7- i. Identification and provision for maintenance of common open space, project entry statement, and slopes by the Homeowners Association. ii. Criteria for maintenance of private drainage facilities, slopes and fuel modification zones within the project by the Homeowners Association (HOA). iii. Prohibition of building construction or ornamental landscaping within the drainage facility and slope areas maintained by the HOA. iv. Prohibition of all radio or television antennas projecting above roof eaves except for those specifically permitted in accordance with Section 9-3.609 of the Municipal Code and exempted by the State of California. V. Rental of Individual units shall be controlled and managed by one management company to insure the most efficient management of the property. dd. The applicant shall dedicate all water rights to the Capistrano Valley Water District in accordance with District requirements 7. At the time of submittal of the first final map for approval, the applicant shall pay all domestic and non-domestic water fees applicable to the project. 8. PRIOR TO ISSUANCE IMPROVEMENT PERMITS OF GRADING AND RIGHT-OF-WAY a. Building Pad Elevations in Flood Areas. The applicant shall provide to the Engineering and Building Di,ector a letter of verification from the Flood Insurance Administration (FIA) confirming that the proposed building pad elevations are designed above the minimum specific elevation required by FIA (Engr.). b. Submit Mylar of Final Map. The applicant shall submit to the City Engineer a reproducible copy/mylar of the project's recorded Final Map (Engr.). C. Recycling/Reduce Debris Act of 1989 (CIWMA). The applicant shall submit to the City Engineer for review and obtain approval for a program complying with the requirements of the California Integrated Waste Management Act of 1989 to reduce construction and demolition debris through recycling (Engr.). d. NPDES Industrial Permit for Grading in Excess of 5 Acres. The applicant shall submit a Notice of Intent (NOI) to the California State Water Resource Control Board for coverage under the State National Pollutant Discharge Elimination System Program (NPDES) General Permit for storm water discharges associated with development/construction activity in excess of 5 acres of land. Evidence that this requirement has been met shall be submitted to the City Engineer. The developer shall also comply with the standards of the "Erosion and in 9 0 Sediment Control/Field Manual", dated July 1999, and Guidelines for Construction Projects" published by the California Water Quality Control Board, San Francisco Bay Region (Engr.). e. FEMA Requirements to Revise Flood Insurance Rate Map 'P" IRM). For any property wholly or partially located within the 100 -year Flood Hazard Area on the Flood Insurance Rate Map (FIRM), the applicant shall submit to the City Engineer for review and obtain approval for all documentation required by the Federal Emergency Management.Agency (FEMA) or revision to the FIRM and pay all preliminary and subsequent fees as required by FEMA (Engr.). f. Construction Mitigation Program. The developer shall prepare and adhere to a construction and grading mitigation program (designed to address impacts to both existing residents, motorists on Alipaz Street, and occupied units within the proposed development) approved by the Planning Director and Engineering and Building Director containing the following controls: Grading: i. Haul route for the movement of on and off-site of heavy earth- moving equipment. ii. Location of assembly and storage/service areas of heavy earth- moving equipment and limits of hours of operation. iii. Worker controlled access to site, including hours of work, limits on noise sources, and dust and soil import/export. iv. Compliance with environmental mitigation measures. Enforcement: i. The Planning Director and Engineering and Building Director may modify the construction mitigation program standards if on-site observations indicate that construction activities are creating a nuisance to adjacent property developments. ii. The developer shall hire a project enforcement person approved by the Engineering and Building Director to ensure complian-- e 'ith the Construction Mitigation Program. iii. If it is determined that the developer is in violation of the approved construction mitigation program, the Planning Director and/or the Engineering and Building Director are authorized to shut down the project by reason of said violation. g. Archeological/Paleontological Monitoring Contract. The developer shall provide the Building and Safety Division with an executed consultant services contract with a SOPA-certified archeologist (Society of Professional Archeologists) W 0 9 responsible for supervising on-site archeological and/or paleontological monitoring consistent with applicable City Council Policy (Planning) h. Consistency of Final Grading, Building and Landscape Plans. Prior to issuance of permits, the Planning Director shall ensure that all final plans are consistent with conceptual plans and conditions of approval per this Resolution (Planning). i. Lighting Plan. The final lighting plan shall be reviewed and approved by the Planning Director upon a finding of compliance with applicable provisions of the Municipal Code and plans/conditions of this Resolution (Planning). j. Sewer Lateral Connections. Sewer laterals for homes located on "E" street shall be provided with sewer service by a local, eight inch public sewer line, and -not by the twenty-one inch sanitary sewer outfall line as indicated on proposed tentative tract map. " k. Grading projects shall post cash or other liquid security equal to the estimated. cost to install erosion control devices and systems that are shown on the approved grading plan. If the required erosion control devices or systems are not installed as required by the Building Official, the security shall be forfeited and the funds used by the City to complete or maintain the erosion control devices or systems. If the funds are forfeited, additional funds shall be posted before the grading project will be allowed to continue. I. All grading projects shall provide a restoration and completion bond as provided by City Ordinance in an amount as determined by the Building Official. In the event of non-compliance with conditions of approval or standards for conducting grading, the Building Official shall declare the grading project to be in default and the Bonding Company is to be placed on notice of the intention to foreclose on the bonds. M. All grading permits shall contain a time limit for the completion of the grading and the installation of erosion control planting including interim and final landscaping. Failure to complete the grading in the time specified shall be grounds for declaring the project in default and a foreclosure of the completion or restoration bond shall be proc-=sed by the Building Official. n. All grading plans shall show the location of any stockpiling areas and the plan shall identify areas where stockpiling is to be excluded. Stockpiling areas shall be located such that adjacent properties are not impacted from dust migration or visual intrusions. If the location of stockpiling areas are to be moved or relocated, a revised plan shall be approved prior to commencing the stockpiling. o. Grading contractors shah be advised by City inspection staff that grading is to be accomplished in such a manner that impacts to surrounding properties are minimized and that the grading project will be subject to vigorous -10- 4 0 inspection controls to insure that the job produces minimal adverse conditions on the residents and property owners of the city. 9. PRIOR TO ISSUANCE OF FIRST BUILDING PERMIT a. The developer shall complete construction of the full frontage half section improvements including painted median and a 150 -foot southbound left -turn lane into the project. (Engr.) b. Housing Opportunity Program. The developer shall comply with the provisions of Section 9-3.632 of the Municipal Code (Planning). C. On-site Collection facilities for Recyclable Materials. Each residence shall incorporate 133 cubic feet of storage area, either interior or exterior, within minimum dimensions of 84 inches in width, by 39 inches in depth, by 72 inches in height. Storage areas shall not be visible from adjacent public or private right-of- ways or properties. d. The applicant shall construct full enclosures for wells (CVWD Well 1 and Well 2 and SJBA Well 4), and provide a bond for the future construction of an enclosure for Well 1. Said enclosures shall incorporate materials consistent with the homes within the project site, including stucco wails, full pitch s -tile roofs, and color palettes adopted from the proposed color board. Costs associated with the design and construction of said enclosures shall be at the sole expense of the applicant. Final design of said structures shall be approved by the Planning Director and the Public Works Director. e. The applicant shall be responsible for the relocation of all water lines, owned by Capistrano Valley Water District and San Juan Basin Authority, into the private street alignments and provide the required easements and quitclaim documents for such relocations to the satisfaction of both parties and the City Engineer. f. The applicant shall be responsible for the reconstruction of all piping and appurtenances from the wells to the relocated water lines to the satisfaction of Capistrano Valley Water District, San Juan Basin Authority, and the City Engineer. 10. PRIOR TO ISSUANCE OF FIRST CERTIFICATE OF OCCUPANCY a. Filing with County Surveyor the Corner Records. The applicant's surveyor shall file the appropriate corner records with the County Surveyor and show written affirmation indicating compliance with the County Recorder, as required by Section 8771 of the Business and Professions Code (Engr.). b. Utility Undergrounding. The applicant shall underground, at no cost to the City, the overhead utility lines within the property and its frontage to the satisfaction of the City Engineer. 11- G. Complete all Improvements to the City's Satisfaction. The applicant shall complete, to the satisfaction of the City Engineer, all facility improvements (including, but not limited to, utility undergrounding) necessary to serve the development in accordance with the approved plan and approved exceptions (Engr.). d. The developer shall convert the southbound right -turn lane to a through lane at Camino Capistrano and Del Obispo Street. (Engr.) e. Home Warranty Program. The developer shall obtain approval from the Planning Director for a Home Warranty Program in conformance with the Municipal Code. Any surety or deposit of funds for individual units must be in the possession of the City prior to the issuance of any certificate of occupancy (Planning). g. Installation of Landscaping. The developer shall install all street trees and non -erosion control landscaping and irrigation, including fuel modification zones for the relevant phase of project construction. The developer shall provide a licensed Landscape Architect certification that the landscape materials and irrigation system (tested for full coverage) has been installed in compliance with the approved landscape plan (Planning). h. The applicant shall design and construct, at the applicant's sole expense, the following improvements: • A traffic signal and appurtenances at the intersection of the project entrance and Alipaz Street. Sidewalk on the west side of Alipaz Street, from the project entry to the Sports Park Entry • Traffic signal and striping modifications at the intersection of Del Obispo Street and Camino Capistrano. Design and construction of these facilities shall be subject to the approval of the City Engineer. (Eng.) 11. PRIOR TO ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF PERFORMANCE SECURITIES a. Provide As -Built Mylars. The applicant shall submit to the City Engineer for review and obtain approval for the reproducible mylar "As Built" Plans of all improvement works completed and accepted. Said plan shall be prepared by a RegisterW Civil Engineer (Engr.). b. Monumentation Restored and Corner Records Filed with County. The applicant's surveyor shall set all required monumentation and/or re-establish any damaged or destroyed monumentation during construction. Monumentation and corner records shall be submitted to the City Engineer and filed with the County Surveyor in compliance with AB 1414 and Section 8771 of the Business and Professional Code (Engr.). -12- 0 0 C. Video Tape Sewers and Storm Drain Pipes. The applicant shall submit to the City Engineer for review and obtain approval for a video tape, filmed in the presence of a City Staff representative/inspector, of all sewer and drainage improvements. The video shall become the property of the City (Engr.). d. City Approved Plans and Specifications. City approved plans and specifications approved herein shall be considered precise. Any deviations from these plans, including subsequent revisions that may be overlooked during the plan review process, shall be subject to final approval or rejection by the Planning Director. If, in the opinion of the Planning Director, subsequent changes are significant, the Planning Director may refer said change back to the Planning Commission for final approval. 12. In places where the conditions of approval or mitigation measures contained herein conflict, the more restrictive condition shall apply, subject to determination of the Planning Director. Mitigation Measures: Mitigation Measure #1 - Prior to issuance of a grading permit, which would permit trenching or grading at a depth of eighteen inches or greater, the applicant will retain the services of a SOPA (Society of Professional Archeologists) -certified archeologist who will monitor all grading and excavation for potential impacts on cultural resources including archeological, paleontological, and historic resources. The applicant will provide an executed contract for services with a SOPA-certified archeologist including a scope -of -work which provides for comprehensive monitoring; a contingency for assessment, recovery, and/or evaluation; and the preparation of a technical memoranda or report. in the event cultural resources are encountered during grading, the monitor may cease grading operations, consistent with City Council policy, to allow for the assessment, recovery, and/or evaluation of any cultural resources. Mitigation Measure #2 - Prior to issuance of a grading permit, the applicant shall submit a "Subsurface Geotechnical Investigation" completed by a licensed engineering geologist professionally certified by the State of California to conduct such work subject to approval by the Chief Building Official. The proposed preliminary grading design will be based upon the analysis and recommendations contained in that "Subsurface Geotechnical Investigation". Any change in recommendations and/or design shall be subject to review and approval by the City Engineering and Building Department. The "Subsurface Geotechnical Investigation" shall include a discussion of potential liquefaction and shall include specific grading design recommendations. Mitigation Measure #3 - Prior to issuance of any permits for development of the project site the applicant shall prepare a Phase Two Preliminary Environmental Site Assessment (PESA), and complete any environmental remediation as required by said studies. Furthermore, the project site shall be certified as meeting all standards established by the State Environmental Protection Agency. -13- Mitigation Measure #4 - The proposed storm water drainage system design shall comply with the City's adopted "storm water management regulations and policies" and subject to review and approval by the City Engineer or his designee. Mitigation Measure #5 - Prior to issuance of a grading permit the applicant shall prepare grading plans which place the pad elevations a minimum of one foot above the base flood elevation. The applicant shall also submit, to the Engineering Division for submittal to FEMA, a FIRM Map Revision application removing the subject site from the AO Floodplain Area. Mitigation Measure #6 - Prior to approval of subsequent tentative maps which encompass the existing water transmission facilities an acoustic analysis shall be prepared which analyses existing noise and provides adequate design and construction standards which reduce noise at proposed property lines to per—its- a maximum value noise level of 45 dBA between the hours of 10 PM to 7 AM and 55 dBA between the hours of 7 AM to 10 PM consistent with Section 9-3.615 (Noise) of the Land Use Code. If these standards cannot be met through design and construction standards, adequate setbacks between proposed property lines and the existing water transmission facilities shall be established by the tentative map to meet these standards. Mitigation Measure #7 - Prior to certification of the mitigated negative declaration, the applicant shall submit a traffic study, subject to review and approval by the Planning Director, The Director of Engineering and Building Services, which includes mitigation measures determined to reduce traffic generation impacts to a level of insignificance (Completed). PASSED, APPROVED, AND ADOPTED this 18th day of April, 2000. ATTEST: CITY CLERK,- -14- C^OLLENE-CAMPS L�AYOR STATE OF CALIFORNIA j COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 00-4-18-2, adopted by the City Council of the City of San Juan Capistrano, California, ata regular meeting thereof held on the 18th day of April, 2000, by the fol lowing vote: AYES: Council Members Bathgate, Greiner, Hart, Swerdlin and Mayor Campbell NOES: None ABSENT: None (SEAL) -15- CHERYL JOHNSON, CITY CLERK • 0 ATTACHMENT 6 7 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) svlvlv.sanj[mncapistrano. org October 16, 2002 L uco�num • Dunlslu � 1961 1776 MEMBERS OF THE CITY COUNCIL DIANE L SATHGATE COLLENE CAMPBELL JOHN S. GELFF MATT HART DAVID M. SW EROUN CITY MANAGER GEORGESCARBOROUGH NOTIFICATION OF ACTION BY THE CAPISTRANO VALLEY WATER DISTRICT BOARD OF DIRECTORS On October 15, 2002 the Capistrano Valley Water District Board of Directors met regarding: "Consideration of Approval of the Improvement and Reimbursement Agreement for Water Facilities (KB Home Coastal Inc.) and Authorization of Lot Line Adjustment No. 02-15858-13 (Alipaz Community Association) (Tracts 15858 and 15998) (CIP # 782)." (Item No. B1) The following action was taken at the meeting: Continued to November 5, 2002. If you have any questions regarding this action, please contact Craig Harris, Assistant Engineer at 487-4305 for more detailed information. Thank you, mahan, CMC �he Board d'udi Schweitzer, KB Home Coastal Inc.*; Robert Quiles, KB Home Coastal Inc.*; Julie McKenna, Alipaz Community Association *; Ben Etemadi, Hunsaker & Associates, Inc*; Amy Amirani, Public Works Director; Craig Harris, Assistant Engineer onus use Is San Juan Capistrano: Preserving the Past to Enhance the Future n u 32400 FASEO ADELANTO SAN .JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) ,v,v,vsanj uancapis(rano. org du, {�Y,[ IIBI„11111 nmmw � 1961 1776 MEMBERS OF THE CITY COUNCIL DIANE L. BATHGATE COU -ENE CAMPBELL JOHN S. GELFF WYATT HART DAVID M. SWERDUN CITY MANAGER GEORGESCARBOROUGH NOTIFICATION OF MEETING OF POTENTIAL INTEREST CAPISTRANO VALLEY WATER DISTRICT The Board of Directors of the Capistrano Valley Water District will meet at 7:00 p.m. on October 15, 2002, in the City Council Chamber in City Hall, to consider: "Consideration of Approval of the Improvement and Reimbursement Agreement for Water Facilities (KB Home Coastal Inc.) and Authorization of Lot Line Adjustment No. 02-15858-13 (Alipaz Community Association) (Tracts 15858 and 15998) (CIP # 782)” — Item No. B1 If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the Board of Directors through correspondence addressed to the Board and/or by attending the meeting and speaking to the Board during the public meeting. Correspondence related to this item must be received at City Hall by 5:00 p.m. on Monday, October 14, 2002 to allow time for the Board to consider its content. If you would like to speak at the meeting, please complete a blue "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Chairman when the item is considered. You have received this notice at the request of the City staff member Craig Harris, Assistant Engineer. You may contact that staff member at (949) 487-4305 with any questions. Capistrano Valley Water District agendas are available to you on the City's web site: www.sanjuancapistrano.org. Tha o Rn,C FC Meg Mona City Clerk cc: Judi Schweitzer, KB Home Coastal Inc.*; Robert Quiles, KB Home Coastal Inc.*; Julie McKenna, Alipaz Community Association *; Ben Etemadi, Hunsaker & Associates, Inc*; Amy Amirani, Public Works Director; Craig Harris, Assistant Engineer * Received staff report NUO USE ss San Juan Capistrano: Preserving the Past to Enhance the Future 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 Recorded in Official Records, County of Tom Daly, Clerk -Recorder Orange 2003000223068 09:22am 02/28/03 117 75 Al2 8 0.00 0.00 0.00 0.00 14.00 0.00 0.00 0.00 IMPROVEMENT AND REIMBURSEMENT AGREEMENT FOR WATER FACILITIES - TRACTS 15858 AND 15998 U f THIS REIMBURSEMENT AGREEMENT is made by and between CAPISTRANO VALLEY WATER DISTRICT, hereinafter referred to as "District", and KB Home Coastal Inc., a California Corporation, whose mailing address is 3 Jenner, Suite 100, Irvine, CA 92618-3802, herein referred to as "Developer". WITNESSETH Whereas, Developer agrees to design and construct, at its sole cost and expense but subject to reimbursements provided herein, the construction of the water facilities within the Tract boundaries hereinafter referred to as "Water improvements"; and, Whereas, because the aforementioned water improvements benefit other surrounding areas, the Developer is therefore entitled to reimbursement for a portion of those cost of improvement; and, Whereas, In accordance with the cost calculation described in Exhibit "A", the Developer agrees to, be reimbursed by the District a total of $142,063.18, for the upsizing cost to construct 12 - inch, 16 -inch, and cost to construct additional 8 -inch and 20 -inch water main pipelines and appurtenances in certain portions of the new streets known as Del Zura, Paseo Toscana, and Vivente De Marlita, all within the boundaries of Tracts 15858 and 15998; and, Whereas, In accordance with the cost calculation described in Exhibit "A", the District agrees to be credited by the Developer a total of $132,391.05, for construction cost of full well enclosures (buildings) for three wells, known as CVWD #1, SJBA #2, and SJBA #4 that are required to be constructed by the Developer in compliance with Resolution # 00-4-18-2, condition 9.d.; and, Whereas, In accordance with the cost calculation described in Exhibit "A", the Developer agrees to be reimbursed by the District a total of $9,672.13, for the upsizing cost to construct 12 - inch, 16 -inch, and cost to construct additional 8 -inch and 20 -inch water main pipelines and appurtenances and applying a credit for the construction cost the three well buildings within the boundaries of Tracts 15858 and 15998; and, Duplicate original recorded under document # 2003000223069 'Improvemerlt and Reimburvent Agreement • Tracts 15858 and 15998 (KB HOME Coastal, Inc.) Page 2 Whereas, Developer desires to enter into this agreement to provide means for allowing the construction of the water improvements as well as a mechanism for crediting the Developer for the reimbursable costs incurred in constructing such improvement and applying a credit for the construction cost of the three well buildings that results in final reimbursement cost; and, Whereas, District requires that the water improvements be constructed conjointly with the development of Tracts 15858 and 15998; and, NOW, THEREFORE, in consideration of the premises hereinafter set forth, District agrees to reimburse Developer an aforesaid sum of $9,672.13 under the following terms and conditions: Section 1. Reimbursement to Developer: The reimbursement from the District, for the water improvements, totaling $9,672.13, will be paid to the Developer when said improvements are deemed complete and acceptable to the satisfaction of the City Engineer and District Engineer. Section 2. Design Plans Developer designed and approved and District has approved improvement plans up to including revision No. 7 for Tracts Nos. 15858 and 15998 dated May 5, 2002. Developer has submitted faithful performance and labor/material bonds in the amount of the approved Engineer's Cost Estimate for the Water Improvements work prior to commencement of work. Section 3. Liability / Indemnification / Insurance. Developer holds City/District and its elected and appointed officials harmless from any claims or liabilities that may arise during the Developer's construction of improvements, including warranty period, described in this Agreement. City/District holds Developer and its officers harmless from any claims or liabilities that may arise out of any improvements constructed by City/District or any operations and maintenance of the improvements by City. If a judicial action is required to resolve a dispute arising under this agreement or to otherwise enforce any provision of this agreement, then the prevailing party shall be entitled to reimbursement for reasonable attorney's fees and cost from the other party. Developer agrees to maintain liability insurance in the following amounts: I. Comprehensive General Liability. Developer or his agent 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: Irnprovemei)t and Reimburs*ent Agreement • Tracts 15858 and 15998 (KB HOME Coastal, Inc.) Page 3 $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. ll. Worker's Compensation. If Developer employs employees or subcontractors to perform services under this Agreement, Developer shall obtain and maintain, during the construction and warranty period of these improvements, 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 canceled nor the coverage reduced until after 30 days' written notice is given to the City/District. Developer shall provide an endorsement to City/District establishing that City/District has been legally added as an additional insured to the liability policy required under this Agreement. Section 4. 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. Section 5. 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 personally 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: KB Home Coastal, Inc. 3 Jenner, Suite 100 Irvine, CA 92618-3802 TO: CITY OF SAN JUAN CAPISTRANO Attention: City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Improvement and Reimbursement Agreement Tracts 15858 and 15998 (KB HOME Coastal, Inc.) Page 4 Section 6. Agreement runs with the Land. 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 7. Entire Agreement. This Agreement contains the entire agreement between the parties hereto and supersedes 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. (Attach Notary Acknowledgment) 4 2K --=::: APPRO E15 AS TO FOR DISTRICT COUNSEL KB Home Coastal Inc. mug M DATE 2/ J— d Z CAPIS—T7RRANO VALLEY WATER DISTRICT DIANE BATlHGATE,� IRMAN DATE NOV ,p44)W `JJ Z aZ C V� RET R. MONAHAN of the BOARD • 1 1 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of personally appeared I ss. before me, L:. "T. Name aM TiUe of Otf V.er 'g.,' lane nce, ry Pvbllc") MAJOSCHLM Cnmrntakxl:' 9"-,73 r+otW Pubfz: - L ,xNa Place Notary Seal Above ❑ personally known to me "mid proved to me on the basis of satisfactory evidence to be the perso'aK whose nam is`/aKe subscribed to the within instrument and acknowledged to me that hats k ee%Rt�y executed the same in hislPlb(ifh authqrized capacit_y*(11 �1 and that by hisf4r/t it signature'N on the instrument the persclAsili the entity upon behalf of which the person acted, executed the instrument. Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER 0 1999 National Notary Asmciation •9350 N Solo Ave., PO, Box 2402 • ClatawoM. CA 913138402 • x nattonalnotary.arg PW, No, 5907 Reorder Call T64Fele 1.90Ub76-B921 E • GOVERNMENT CODE 27361.7 I CERTIFY UNDER THE PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED TO READS AS FOLLOWS: NAME OF NOTARY: <> Lis Vo (jLh`jt� COMMISSION NO.: <> la?723 DATE COMMISSION EXPIRES:<> - 00- -c))Xty MANUFACTURER/VENDOR NO.: <> {J k)k COUNTY WHERE BOND IS FILED: <> ©r&*.�L LISA JOSCHLTrT Comrn[sfcrtS 4?7127 7a r motcry A bk - C :anlo Clmngn CoLnl niyCarr,t.L�irasS�:ii,�0! 0 PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 118 1) 0 On November 5, 2002 before me, Margaret R. Monahan, City Clerk, personally appeared Diane Bathgate, Chairman, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. (SEAL) Capacity Claimed by Signers Chairman Title Signers are Representing Capistrano Valley Water District WITNESS my hand and official seal. R. Monahan, Clerk of the Board OPTIONAL Description of Attached Document Improvement & Reimbursement Agreement for Water Facilities — Tracts 15858 & 15998 Title or Type of Document 4 plus acknowledgements & Exhibits Number of Pages November 5, 2002 Date of Document KB Home Coastal Chair Signer(s) Other Than Named Above inhprovemera and Reimburs(Rent Agreement Tracts 15858 and 15998 (KB HOME Coastal, Inc.) Page 5 EXHIBIT "A" PUBLIC IMPROVEMENTS TO BE CONSTRUCTED BY DEVELOPER SUBJECT TO REIMBURSEMENT FROM DISTRICT SUMMARY OF REIMBURSABLE COST IMPROVEMENTS SUBJECT TO REIMBURSEMENT ESTIMATED AMOUNT RECLAIMED WATER Upsize Cost from 8 -inch Water Main to 12 -inch $2,474.10 Upsize Cost from 12 -inch Water Main to 16 -inch $6,695.80 Additional 8 -inch Water Main $13,236.25 Additional 20 -inch Water Main $89,977.60 Subtotal $112,383.75 DOMESTIC WATER & SEWER 8 -inch Water Main $7,374.05 Sewer Laterals for flushing wells $3,775.40 Subtotal $11,149.45 Engineering (15%) $18,529.98 Total upsizing cost & additional water related facilities $142,063.18 Three Well Buildings Total credit for construction cost and engineering $(132,391.05) TOTAL REIMBURSEMENT AMOUNT $9,672.13