03-0606_SJD PARTNERS, LTD._Addendum AADDENDUM "A" TO MUTUAL SETTLEMENT AND RELEASE AGREEMENT
SJ'D PARTNERS, EBENSTEINER and CITY and each of them, for themselves, their respective
Related Person and Entities, and all others who may claim by or through them, fully, forever and irrevocably
release, acquit and discharge each other from and against any and all Claims, demands, rights, liabilities,
obligations, causes of action, damages, losses, attorneys' fees and expenses, and costs of every kind and
nature whatsoever, mown or unknown, fixed or contingent, in law or in equity, which any of them may now
have or may hereinafter have, which directly or indirectly arise out of, or are in any way connected with
and/or are claimed to relate to, the ACTIONS, including, without limitation, Claims relating to bodily injury,
property damages, relocation, diminution in value, other economic loss, any and all forms of past or future
land movement, subsidence, landslide, erosion, slope failure, regardless of causation arising out of the
subject matter of the ACTIONS, and any other claim of any type that was or could have been made in the
ACTIONS and the prosecution or handling of the ACTIONS, including all claims for fees, costs or
expenses.
The parties hereto acknowledge that, with respect to the matters released above, there is a risk that
subsequent to the execution of this ADDENDUM, they may incur, suffer or sustain, loss, damage, injury,
harm, costs, attorneys' fees, expenses, or any of these, which are in some way caused by or connected
with the persons, entities and/or matters referred to above, or which are unknown and unanticipated at the
time this ADDENDUM becomes effective, or which are not presently capable of being ascertained; and
further that there is a risk that such loss, injury, harm, costs, expenses and damages as are known may
become more serious than the parties, or any of them, now expect or anticipate. Nevertheless, the parties
hereto acknowledge that this ADDENDUM has been negotiated and agreed upon in light of that realization
and the parties hereby expressly waive any right that they may have for such unknown or unsuspected
claims referred to above. In so doing, the parties have had the benefit of their own counsel and consultants,
having been fully advised, knowingly and specifically waive the rights under California Civil Code Section
1542, which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE
RELEASE, WHICH IF KNOWN BY HIM MUST HAVE
MATERIALLY AFFECTED HIS SETTLEMENT WITH THE
DEBTOR.
IT IS EXPRESSLY UNDERSTOOD AND AGREED that this waiver of Civil Code Section 1542
and the releases set forth above are material terms of this .ADDENDUM and were separately negotiated
between the parties hereto.
SJD PARTNERS LTD.
Dated: BY:
!1 affaw7 f11i 1_�►itil
TITLE:
N
�-ul--c4Ag.:) It-Ztd SAL 71.4 693 6730 P.02/02
ADDENDUM las been negotiated and agreed upon in light of that realization and the parties
hereby exprmsly waive any right that they amay have for such unknown or unsuspected claims
M-ferred to above. In so doing, the parties have had the benefit of their own counsel and
consultants, having been fully advised, knowingly and specifically waive the rights under
California Civil Code Section 1542, which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
BCH THE CREDITOR HOES NOT KNOW OR
SUSPECT TO EXIST IN MS FAVOR AT THE TIMM OF
EXECUMG THE RELFASE, WHICH( IF KNOWN BY
HBI MUST HAVE MATERIALLY AFFECTED HIS
SETTLEIVI,ENT WITH THE DEBTOR.
IT IS EXPRESSLY UNDERSTOOD AND AGREED that this waiver of Civil Code Section
1542 and she releases set forth above arc material terms of this ADDENDUM and were
separately negotiated between the parties hereto, .
SJD PARTNERS LTD,
Dated: BY:
—n Ll�l 01
(PLEASE PRINT NAME)
be -
"TITLE:
SJD DEVELOPMENT CORPORATION
2
TOTAL P.02
.i VI'4___JYJ-GKiYJJ J. 1 . J7 JU[14L.HL..
Dated: BY:
bated:
Dated:
Dated: �'` (0®
f 14 b�. b r.3b ?, .
(PLEASE PRINT NAME)
TITLE:
h> a,#
SUNCAL CONPAN'IE , a of CWC, Inc.
BY:
(PLEASE PRINT NAME)
TITLE:
CWC, FNC.
BY:
- o',
(PLEASE PRINT NAME)
TITLE: _
�y' -�
THOMAS A. BALESTRERI, JR.
Dated:
Dated:......
Dated --T 0 �3
THOMAS A. BALESTRERI, 3R.
BALESTRERL PENDLETON & POTOCKI
ATTORNEYS FOR STD PARTNERS, LTD., SJD
DEVELOPMENT CORPORATION, SUNCAL
COMPANIES and CVC, INC
APPROVED AS TO FORM ONLY
EBENSTEINER COMPANY
BY:
7-1-5V6 G
(PLEASE PRINT NAME)
TITLE:
EVERF�T"I" :FLIT HCLIFFE
TODD B SS R
DATE, B N & H1NNCHCLIFFE
ATTORNEYS FOR EBENSTEINER COMPANY
APPROVED AS TO FORM ONLY
CITY OF SAN JUAN CAPISTRANO
Dated: BY:
JOHN R. SSW
(PLEASE PRINT NAME)
TITLE: Cl T'Y ATTORNEY
0
Inn 01 —,j7v—tT t TOC oaa AT& 'VU.T A� • s r r—
,
JUL-UZ-2UU6 Ub:2J lAJUUVKU-t- bF' HVLIN bMHKI '(14 USS F. ulj/U4
110T. M-0
Dated.
Dated: 0
DEVELOPMENT CORPORATION, SUNCAL
COMPANIES and CWC, INC
APPROVED AS TO FORM ONLY
n.�
EVERETT HINCHCL=
TODDBRESSLER
DALE, BRADEN &' fit CHCLEFFE
ATYORNM FOR EHENSTEINER COMYANY
APPROVED AS TO FORM ONLY
CrrY Of SAN JUAN CAPISTRANO
(PLEASE PRINT NAME)
TFMJ5;'CITYL
ATTORNE
LOIS BOR�K
N
JUL-02-2003 11:47 "r)ODRUFF SPRADLIN SMART 714 835 7787 P.02/02
Dated.
Dated -
(kEASE PRINT NAME)
TITLE: CITY ATTORNEY
M. LOIS BOBAK
WOODRUFF, SPRADLIN & SMART
ATTORNEYS FOR CITY OF SAN JUAN
FISHER
Zoi�fK,VIDA
ATTORNEYS FOI
CA.PISTRANO
APPROVED AS(�.
5
ONLY
s
CITY OF SAN JUAN
FORM ONLY
TOTAL F.02
MUTUAL SETTLEMENT AND RELEASE AGREEMENT
THIS MUTUAL SETTLEMENT AND RELEASE AGREEMENT ("AGREEMENT") is
entered into by and between Plaintiffs, Gordon Wallace Cammell and Kathleen Fay Cammell,
individually and as Co -Trustees of the Cammell Family Trust; Cammell Family Trust; David D.
DeHaas and Maria D. DeHaas; Stephen J. Hanten and Laurie Hanten; Michael L. Heinz and
Diane C. Heinz; Eleanor B. Judson; Eleanor B. Judson, Trustee of the Eleanor B. Judson
Revocable Trust; Rahim Karjoo; Lisa Wenlin Kuo, Kuan Chu Kuo, Fang -Lan. Wang Kuo and
Lisa Wenlin Kuo; James O. Lee and Marian L. Lee, individually and as Co -Trustees of the Lee
Family Trust; Lee Family Trust; Marion Masek; Robert J. Mikolajczak and Catherine L.
Mikolajczak, individually and as Co -Trustees of the Robert J. Mikolajczak and Catherine L.
Mikolajczak Revocable Living Trust; Robert J. Mikolajczak and Catherine L. Mikolajczak
Revocable Living Trust; Ronald B. Murr and Janet Murr; Paul R. Prince and Myrna M. Prince
individually and Paul R. Prince for Sparkle Investments, LLC; Stephen W. Rosen, individually
and as General Partner of J W and S Ltd., a California Limited Partnership; Bretton E.
Trowbridge and Rebecca Trowbridge; Yasuyaki Yamaguchi and Ikuyo Yamaguchi individually
and Yasuyaki Yamaguchi for 11428 Marquardt, LLC (hereinafter collectively referred to as
"CAMMELL PLAINTIFFS"), and John Jay Curtis (hereinafter referred to as "CURTIS
PLAINTIFF"), CAMMELL PLAINTIFFS AND CURTIS PLAINTIFF are hereinafter
collectively referred to as "PLAINTIFFS", and SJD PARTNERS, LTD., SJD DEVELOPMENT
CORPORATION, SUNCAL COMPANIES, a Division of CWC, Inc., and CWC, INC.
(hereinafter collectively referred to as "SJD PARTNERS"), EBENSTEINER COMPANY
(hereinafter referred to as "EBENSTEINER"), and CITY OF SAN JUAN CAPISTRANO
(hereinafter referred to as "CITY"). PLAINTIFFS, SJD PARTNERS, EBENSTEINER, and
CITY will be collectively referred to as "parties".
1. PLAINTIFFS are owners of certain real property and improvements thereon on
Via La Mirada or Avenida Calita Streets in the City of San Juan Capistrano. The CITY is owner
of certain real property adjacent to some of the real property and homes located on Via La
Mirada in the City of San Juan Capistrano. SJD PARTNERS are the owners of real property and
improvements thereon on property known as Pacific Point also known as Pacifica San Juan
Project located in part adjacent to the Meredith Canyon. Slope in the City of San Juan Capistrano.
The foregoing real property and any improvements located thereon are hereinafter referred to as
the "SUBJECT PROPERTIES".
2. The parties are currently involved in and/or affected by the following litigated
matters:
a) Cammell et. al. v. SJD Partners et al., Case No. 796957; , in which
Plaintiffs sought to recover damages to their residential properties from SJD PARTNERS and
others for allegedly causing the Meredith Canyon landslide on May 21, 1998. This case was
tried to a verdict in favor of SJD PARTNERS and EBENSTEINER on May 23, 2000;
subsequently the court ruled in favor of SJD PARTNERS, in its Statement of Decision filed on
December 21, 2001, on the remaining sixth cause of action for breach of contract.
b) Curtis v. SJD Partners, et al., Case No. 504654 (consolidated with Case
No. 796957);
C) Kuo et al. v. City of San Juan Capistrano et.al, Case No. OICC06479,
2
Fourth Appellate District, Division Three, Case No. G 030411, in which Petitioners sought a
Writ of Mandate, directing Respondent, CITY, to compel enforcement of provisions of the
Development Agreement for the Pacific Point Project between. CITY and Pacific Point Partners,
L.P., requiring the stabilization of the Meredith Canyon slope. The Petition sough a Writ of
Mandate to enjoin any further grading activities and to enforce the Development Agreement.
The court conducted a Dearing/trial on the Petition for Writ of Mandate and issued a minute order
on November 20, 2001, granting the Petition for Writ of Mandate. The CITY and SJD
PARTNERS appealed the Writ of Mandate. The appeal is filed in the Fourth Appellate District,
Division Three, Case No. G 030411.
d) Curtis et al. v. City of San Juan Capistrano et al., Case No. OICCO6484,
Fourth Appellate District, Division Three, Case No. G 030968. Petitioner sought a Peremptory
Writ of Mandate and Writ of Administrative Mandamus, commanding Respondent, CITY, to
perform its public duties as required by the California Environmental Quality Act ("CEQA") as
set forth in Public Resource Code Section 21000 et seq. to enforce the mitigation requirements
set forth in the Environmental Report 88-02 of CITY. The court conducted a hearing/trial and
filed a Statement of Decision on December 31, 2001, granting the Petition. The CITY and SJD
PARTNERS appealed the Writ of Mandamus. The appeal is filed in the Fourth Appellate
District, Division Three, Case No. G 034968.
e) DeHaas et al. v. City of San Juan Capistrano et al., Case No. OICCO0327,
in which Plaintiffs seek to recover damages to their residential properties from CITY. This
matter is currently in its initial stages of discovery and a trial date has not been set by the Court.
f) Curtis v. City of San Juan Capistrano et al. Case No. OICCO0331
3
(consolidated with Case No. 01 CC00327);
g) Prince et al. v. City of San Juan Capistrano et al., Case No. 02CC00053, in
which. Plaintiffs/Petitioners seek to enforce the surety agreement and recover money damages
against CITY, SJD PARTNERS and the surety company, Developers Insurance Company. This
.matter is currently in its initial stages of discovery and a trial date has not been set by the Court.
h) and Trowbridge et al. v. George Scarborough etc, et al., Case No.
02CC00052, in which Plaintiffs seek to enjoin the unlawful expenditure of public funds. The
matter is currently in its initial stages of discovery and a trial date has not been set by the Court.
3. As a result of some of the foregoing disputes and proceedings, SJD Partners filed
cross-complaints against John J. Curtis, Bretton E. Trowbridge and Rebecca Trowbridge, and
others for indemnity contribution and declaratory relief, etc. The foregoing matters are
hereinafter collectively referred to as the "ACTIONS."
4. "Claim" or "Claims" shall refer to any and all claims, demands, liabilities, losses,
damages, errors, latent defects, patent defects, complaints, cross-complaints, causes of action,
negligent acts, negligent omissions, liability without fault, misrepresentations, material
omissions, fraud, deceit, breaches of contract, breaches of warranties, economic damages, non-
economic damages, compensation, property damage, loss of use, loss of services, personal
injury, bodily injury, distress, attorney's fees, expert's fees, repair costs, diminution in value
claims, and any other actionable omissions, conduct or damage of every kind and nature
whatsoever, whether subrogated or non -subrogated, whether in tort, contract or extracontractual,
at law or in equity, actual or contingent, foreseen or unforeseen, known or unknown, past,
present or future.
4
5. "Disputes" shall refer to any and all Claims which were or could have been
alleged in the ACTIONS, including any claim for attorneys' fees or costs.
6. "Related Persons and Entities" shall refer to any and all past, or present and future
parent companies, divisions, subsidiaries, affiliates, related corporations and entities, owners,
shareholders, directors, officers, past and present employees, agents, whether ostensible or
actual, managing agents, servants, affiliates, insurers and their agents, employees or independent
adjustors, joint powers insurance agencies, lenders, mortgage holders, predecessors,
predecessors -in -interest, successors, successors -in -interest, partners, joint venturers, legal
representatives, subcontractors, design professionals, consultants, attorneys, heirs,
administrators, trusts, trustees, beneficiaries, creditors, assigns, lessees, tenants, residents and
legal and equitable owners.
7. After conducting settlement negotiations and mediations, before the Court and
Mediator Ross Hart, the parties hereto, have reached a settlement on all of the ACTIONS with
the intent to forever and finally resolve those matters, save and except any rights and obligations
created and/or preserved by this AGREEMENT.
NOW, THEREFORE, for valuable consideration the parties hereto agree to the
following terms and conditions:
A. PAYMI ENTS:
In consideration of the mutual releases set forth below, the dismissal of all
Complaints/Petitions/Cross-complaints/Appeals in the ACTIONS, and vacating any judgments
or writs already entered by the Court, and all other terms and conditions of this AGREEMENT,
the total sum of $4,500,000.00 new money which is in addition to any and all sums previously
5
paid by any party or entity, will be paid to plaintiffs David D. DeHaas and Maria D. DeHaas;
Stephen J. Hanten and Laurie Hanten; Kuan Chu Kuo, Fang -Lan Wang Kuo and Lisa Wenlin
Kuo; James O. Lee and Marian L. Lee, individually and as Co -Trustees of the Lee Family Trust
and, Lee Family Trust; Paul R. Prince, Myrna M. Prince, and Sparkle Investments, LLC; Bretton
E. Trowbridge and Rebecca Trowbridge; Yasuyaki Yamaguchi, Ikuyo Yamaguchi, and 11428
Marquardt, LLC; and John Jay Curtis, in full, final, and complete settlement of all matters
addressed by this AGREEMENT.
This sum of $4,500,400.00 will be allocated among plaintiffs David D. DeHaas and
Maria D. DeHaas; Stephen L Hanten and Laurie Hanten; Kuan Chu Kuo, Fang -Lan Wang Kuo
and Lisa Wenlin Kuo; James O. Lee and Marian L. Lee, individually and as Co -Trustees of the
Lee Family Trust and, Lee Family Trust; Paul R. Prince, Myrna M. Prince, and Sparkle
Investments, LLC; Bretton E. Trowbridge and Rebecca Trowbridge; Yasuyaki Yamaguchi,
Ikuyo Yamaguchi, and 11.428 Marquardt, LLC; and John Jay Curtis as follows:
(1) $3,520,000.04 to be paid to Trust Account of Kasdan, Simonds & Epstein,
Tax Id. No. 33-0586020, and to be distributed among the plaintiffs David D. DeHaas and Maria
D. DeHaas; Stephen J. Hanten and Laurie Hanten; Kuan Chu Kuo, Fang -Lan Wang Kuo and
Lisa Wenlin Kuo; James O. Lee and Marian L. Lee, individually and as Co -Trustees of the Lee
Family Trust and, Lee Family Trust; Paul R. Prince, Myrna M. Prince, and Sparkle Investments,
LLC; Bretton E. Trowbridge and Rebecca Trowbridge; Yasuyaki Yamaguchi, Ikuyo Yamaguchi,
and 1.1428 Marquardt, LLC in whatever manner they deem fit.
(2) $880,000.00 to be paid to plaintiff John Jay Curtis.
(3) In addition, $100,000.00 to be paid to plaintiffs Stephen J. Hanten and
134
Laurie Hanten.
SJD PARTNERS, CITY, EBENSTEINER and their respective Related Persons and
Entities make no representation to PLAINTIFFS as to the tax consequences of any sums received
by PLAINTIFFS as a result of this settlement. PLAINTIFFS have obtained independent advice
with respect to the tax consequences of any settlement sums they receive as a result of this
AGREE -VENT.
The total sum of $4,500,000.00 will be paid by the following parties and/or insurers:
(1) The sum of $375,000.00 will be paid by AIG Insurance Companies on
behalf of SJD PARTNERS.
(2) The sura of $375,000.00 will be paid by RLI Insurance Company on
behalf of SJD PARTNERS.
(3) The sum of $700,000.00 will be paid by Clarendon Insurance Company on.
behalf of SJD PARTNERS.
(4) The sum of $590,000.00 will be paid by Evanston/Investors Insurance
Company on behalf of SJD PARTNERS.
(5) The sum of $150,000.00 will be paid by Commercial Underwriters on
behalf of John J. Curtis.
(6) The sura of $24,000.00 will be paid by Fire Insurance Exchange an
Interinsurance Exchange, on behalf of Bretton E. Trowbridge and Rebecca Trowbridge.
(7) The sum of $200,000.00 will be paid by the Southern California Joint
Powers Insurance Authority ("JPIA") on behalf of the CITY.
(8) The sum of $2,086,000.00 will be paid by SJD PARTNERS.
h
Payment of the foregoing settlement sums, and the bond(s) or guarantees to secure
payment to PLAINTIFFS as specified below will be held in an interest-bearing trust account,
with interest to accrue for the benefit of the PLAINTIFFS if the money is disbursed to said
PLAINTIFFS or for the benefit of those who fund the settlement, as described above, if the
PROJECT is not approved by CITY on terms and conditions acceptable to CITY and SJD
PARTNERS, as described in paragraph B, and the money is not dispersed to PLAINTIFFS. The
settlement funds, bonds or guarantees shall be deposited at Fidelity National Title Company by
the following dates:
(1) The sum of $150,000.00 to be paid by Commercial Underwriters on behalf of
John J. Curtis shall be deposited into the trust fund by January 31, 2003.
(2) The sum of $24,000.00 to be paid by Fire Insurance Exchange an Interinsurance
Exchange Farmers on behalf of Bretton E. Trowbridge and Rebecca Trowbridge
shall be deposited into the trust fund by January 31, 2003.
(3) The sum of $200,000.00 to be paid by the JPIA on behalf of CITY shall be
deposited into the trust fund by January 31, 2003.
(4) The sum of $700,000.00 to be paid by Clarendon Insurance Company on behalf
of SJD PARTNERS shall be deposited into the trust fund by January 31, 2003.
(5) The sure. of $375,000.00 to be paid by RLI Insurance Company on behalf of SJD
PARTNERS shall be deposited into the trust fund by January 31, 2003.
(6) The sum of $100,000.00 to be paid by AIG Insurance Companies on behalf of
SJD PARTNERS shall be deposited into the trust fund by April 4, 2003.
(7) The sum of $590,000.00 to be paid by Evanston/Investors Insurance Company on
8
behalf of SJD PARTNERS shall be deposited by April 16, 2003.
(8) The sum of $275,000.00 to be paid by AIG Insurance Companies on behalf of
SJD PARTNERS shall be deposited by June 4, 2003.
(9) The sum of $2,086,000.00 to be paid by STD PARTNERS shall be bonded and said
bond will be deposited by January 31, 2003. This full faith and performance of this settlement
agreement by SJD PARTNERS shall be guaranteed by a bond which will perform and satisfy the
financial obligations of SJD PARTNERS in the event of bankruptcy or some other condition
which interferes with SJD PARTNERS performance of its obligations in consummating this
agreement on the dates identified herein. Prior to the disbursement of funds as provided in this
AGREEMENT, the bond shall be exchanged for cash and said bond will be returned to SJD
PARTNERS and cancelled.
(9) All settlement drafts are to be made payable to Fidelity National Title
Insurance Company, located at 1300 Dove Street, Ste. 310, Newport Beach, California 92660,
Account No. 622495 -PB.
Subject to all other terms and conditions of this AGREEMENT, disbursal of the
settlement payments as provided in this AGREEMENT shall be made when the PROJECT
entitlement permits are approved and the EIR is certified by the City Council and thirty days (30)
after the posting of the Notice of Determination has occurred in accordance with California
Public Resources Code Section 21152, CEQA Guidelines Section 15094 and no timely judicial
challenge to the project approvals has been filed.
B. APPROVAL OF PACIFICA SAN JUAN PROJECT
This AGREEMENT is contingent upon the approval of the entitlements for the
9
PACIFICA SAN JUAN PROJECT ("PROJECT"), including but not limited to, the revised
comprehensive development plan, zone change, vesting revised tentative tract map and revised
Environmental Impact Report, CITY on terms and conditions acceptable to CITY and SID
PARTNERS.
SJD PARTNERS has submitted plans for the PROJECT to CITY. It is acknowledged by
all parties that the processing of the entitlements and the associated environmental. impact reports
for projects such as that submitted by SID PARTNERS may take many months, and requires
several noticed public hearings. The process is subject to unforeseeable delays. If the PROJECT
is not approved by the City Council for CITY by September 30, 2003, or the vote to approve the
PROJECT is not on the agenda for the October 2003, City Council meeting, PLAINTIFFS have
the option of terminating this AGREEMENT and continuing litigation of ACTIONS. If
PLAINTIFFS terminate this AGREEMENT and continue the litigation of Actions, the parties
who funded the payments as contained in Paragraph A, Section 8, of this AGREEMENT have
the option of obtaining the return of these payments with interest.
The parties recognize and agree that the decision to approve or deny the PROJECT rests
with the sole discretion of the City Council of the City of San Juan Capistrano, and that said
decision will be based on evidence submitted at or in advance of the legally required public
hearings for the PROJECT. Nothing in this AGREEMENT shall be construed or interpreted as
approval of the PROJECT, or any part thereof, by CITY.
C. COOPERATION -SUPPORT
Provided that the submitals for plan approval of development of the Country Residential
Planning Area 5 of the PROJECT and the catchment area park at the toe of the Meredith Canyon
10
Slope are materially consistent with the PROJECT as proposed in those certain documents
entitled Vesting Tenative Tract Map No. 15609 dated November 1.8, 2002 and Forster Canyon
Planned Community Comprehensive Development Plan (CDP 81-01) revised February 14, 2003,
PLAINTIFFS shall not: (i) oppose or object to the PROJECT land use entitlement permits,
including but not limited to, CDP 81-1, Zone Change RZ02-03, Vesting Tentative Map No.
15609 and EIR No. SCH89010046 before any Federal or State resource agencies, boards,
committees or commissions including but not limited to, the Planning Commission, Coastal
Commission, and City Council.; or (ii) seek to challenge the PROJECT entitlement approvals in
any judicial or administrative proceeding or through the referendum initiative process; or (iii)
take any action to interfere with construction of the PROJECT so long as development is
consistent with the land use entitlement permits. PLAINTIFFS shall cooperate with SJD
PARTNERS during the processing of the land use entitlement permits and shall, if requested by
SJD PARTNERS, and at no expense to PLAINTIFFS, testify in person and/or submit written
statements of support and /or non -opposition for the PROJECT at the public hearings of the
Planning Commission and/or City Council, Coastal Commission, and/or other CITY boards,
committees or commissions.
Notwithstanding the foregoing, PLAINTIFFS may withdraw support for the PROJECT
and nullify this AGREEMENT and settlement if there is a material increase in the residential
density in the Country Residential Planning Area 5 or a substantial change in the catchment area
park uses as described below. In such an event, PLAINTIFFS will provide written notice to SJD
PARTNERS as directed by this agreement of the decision to no longer support the PROJECT,
setting forth a detailed statement of reasons for withdrawing their support.
11
For purposes of this provision, material increase in residential density means the addition
of thirty (30) or more dwelling units in the Country Residential Planning Area 5 or a change in
the type of use from residential. Substantial change in the catchment area park uses means
anything other than passive uses such as a dog park and hiking trails, and low impact active uses
such as 2 half basketball courts, and a tot lot. The catchment area park shall not include any
baseball, soccer or football fields, or night lighting. All of the above improvements will be
located to the west of the kicker fill in the catchment area on property that will be deeded over to
the homeowners association for the Pacific Point with a public easement.
D. RETENTION OF TITLE & REMOVALS OF YELLOW/REDTAGS.
PLAINTIFFS are to retain title to their real property and homes and may sell, lease,
transfer or otherwise dispose of the property as they deem appropriate. PLAINTIFFS have the
right to request removal of the `yellow' or `red' tag on their respective real property and homes
and provided the geologic conditions are not materially different from. the conditions existing at
the time of entering into this agreement, CITY agrees to remove the `red' or `yellow' tags and
not hinder or restrict the use or occupancy of the property. Each PLAINTIFF who requests the
removal of a `yellow' or `red' tag releases, on behalf of themselves, and their successors, heirs
and assigns, CITY and its Related Persons and Entities, from any and all Claims, liability or
damages of whatever nature arising from. or related to the removal of said tags. This release shall
be recorded against the title of each affected property and shall be disclosed by PLAINTIFFS to
any tenants, lessees or purchasers of their respective homes.
E. CATCHMENT AREA
SJD PARTNERS will not apply for any park use of the catchment area at the toe of the
12
Meredith Canyon slope other than as described above in paragraph. C. "Cooperation -Support".
The kicker fill at the base of the Meredith Canyon slope shall not be removed, decreased in size
or volume or otherwise altered except to the extent required by the CITY as part of the process of
review of the entitlement documents for the PROJECT. The draft conditions of approval
prepared by the CITY to date, which are based on the environmental and geotechnical
documentation received by the CITY to date, do not contemplate any modification of the kicker
fill. SJD PARTNERS will install reasonable landscaping and drainage in the kicker fill area
consisting of native plants and surficial grading to direct drainage away from the face of the
slope in order to minimize erosion. The kicker fill is located on property owned by CITY, SJD
PARTNERS and certain of the PLAINTIFFS. The city will maintain that portion of the kicker
fill on property owned by the City. The homeowners association that will exist for the
PROJECT ("Homeowners Association") will maintain the remainder of the kicker fill. A map
showing the approximate limits of the kicker fill is attached to this AGREEMENT.
PLAINTIFFS will allow access to Homeowners Association for maintenance of said kicker fill
area and catchment area through the use of an appropriate legal document to be drawn
separately. Entry points onto the kicker fill shall be limited to property maintained by the
Homeowners Association or City. Access shall not be permitted from the top of the slope above
the kicker fill across any of the PLAINTIFFS' properties. Nothing in this AGREEMENT is
intended to create any obligation on the part of the Homeowners Association or CITY to
maintain or provide subjacent or lateral support for the slope below the PLAINTIFFS' properties
through the maintenance of the kicker fill.
4
13
F. EASEMENTS
The following Grant of Construction and Maintenance Easements will be reconveyed and
terminated and of no further effect when they are no longer needed for the development of the
PROJECT: a) Grant of Construction and Maintenance Easement, dated September 8, 1994,
entered into by George and Sharon Ondo for Lot 114 of Tract No. 8087, assigned to plaintiffs,
Yasuyaki and Ikuyo Yamaguchi; b) Grant of Construction and Maintenance Easement, dated
September 8, 1994 entered into by plaintiff, Rahim Karjoo for Lot 116 of Tract No. 8087; c)
Grant of Construction and Maintenance Easement, dated September 8, 1994 entered into by
plaintiffs, Paul and Myrna Prince, for Lot No. 113 of Tract No. 8087; d) Grant of Construction
and Maintenance Easement, dated August 1, 1995, entered into by plaintiffs, David and Maria
De Haas for Lot No. 115 of Tract No. 8087,
G. DEHAAS BANKRUPTCY
As a condition of this AGREEMENT, PLAINTIFFS will provide satisfaction for SJD
PARTNERS that the bankruptcy of David D. DeHaas and Maria D. DeHaas has been discharged
and any settlement suras due to David D. DcHaas and Maria D. DeHaas are not assets of the
bankruptcy estate, by January 31, 2003. SJD PARTNERS will inform PLAINTIFFS as to the
sufficiency of the evidence of satisfaction provided by PLAINTIFFS or request for additional
evidence by February 21, 2003.
H. REPAIRS AND HANDLING OF SETTLEMENT RIGHTS AND
AMOUNTS
PLAINTIFFS are solely and completely responsible for any and all redesign, repairs,
remediation, corrective work and/or maintenance performed and/or not performed to each of
14
their own real property and any improvements located thereon. SJD PARTNERS, CITY,
EBENSTEINER, and their respective Related Persons and Entities bear no responsibility
whatsoever to determine how the settlement money shall be divided, distributed, or spent, to
remedy any of the Disputes.
1. STAY OF LITIGATION
The parties agree that all pending litigation will be stayed until and through September
30, 2003 to give substantial time for the execution and performance of this AGREEMENT and
approval of the PROJECT. During that time, SJD PARTNERS will use its best efforts and
resources to obtain the approval for the PROJECT from the CITY as reflected in the documents
listed in paragraph C "Cooperation -Support" as quickly as possible within the confines of the
law. If for reasons beyond the control of SJD PARTNERS the CITY fails to approve the
PROJECT as reflected in the above described documents (allowing for deviations as discussed in
paragraph C "Cooperation -Support"), this stay shall not affect any rights of either party to
proceed with the litigation after September 30, 2003. During the pendency of the stay, all rights
of the parties to challenge, object or appeal any order or decision is tolled and suspended and no
time period shall expire or lapse. For the purpose of this AGREEMENT it is agreed by and
between the parties that the stay is deemed to have commenced on November 23, 2002. The stay
shall automatically expire on the fifth day after any party gives notice of termination of this
AGREEMENT, pursuant to the terms of this AGREEMENT. Upon expiration of the stay,
notwithstanding anything contained herein, providing for a shorter time, no deadline or time
period for taking any action or extinguishing any rights shall be deemed to run sooner than thirty
(30) court days from the date of execution of lifting the stay. The parties agree to cooperate fully
15
in submitting any necessary court documents, including any necessary stipulations and/or
motions, to obtain a stay in all pending ACTIONS and litigation.
J. DISMISSAL OF LITIGATION
Within ten (10) days after approval of the PROJECT and disbursement of the funds to
PLAINTIFFS, all pending litigation will be dismissed with prejudice with each party to bear
their own fees, costs and expenses incurred, in the following manner:
(1) Any judgments in Cammell et. al. v. SJD Partners, Case No. 796957 and
Curtis v. SJD Partners, et al., Case No. 804654 (consolidated with Case No. 796957) matter will.
be vacated; the Complaints will be dismissed with prejudice; all Cross-complaints and any
amendments thereto will be dismissed with prejudice.
(2) The Judgment in Kuo et al. v. City of San Juan Ca istrano et.al, Case No.
OICCO6479 will be vacated, the Writ of Mandate withdrawn, and the appeal in Kuo et al. v. City
of San Juan Capistrano et.al, Fourth Appellate District, Division. Three, Case No, G 030411 will
be withdrawn.
(3) The Judgment in Curtis et al. v. City of San Juan. Capistrano et al., Case
No. 01.CC06484 will be vacated, the Writ of Mandate withdrawn, and the appeal in Curtis et al.
v. City of San Juan Capistrano et al., Fourth Appellate District, Division Three, Case No. G
030968 will be withdrawn.
(4) All Petitions, Complaints and Cross-complaints and any amendments
thereto in the following cases will be dismissed with prejudice as against all Defendants,
Respondents, Real Parties in Interest, and Cross-defendants: DeHaas et al. v. City of San Juan
Capistrano et al., Case No. OICCO0327 and Curtis v. City of San Juan Capistrano et al, Case No.
16
0ICC00331 (consolidated with Case No. 01CC00327); Prince et al. v. City of San Juan
Capistrano et al., Case No. 02CC00053; and Trowbridge et al. v. George Scarborough etc, et al.,
Case No. 02CC00052.
K. RELEASE
PLAINTIFFS and each of them, for themselves, their respective Related Person and
Entities, and all others who may claim by or through them, fully, forever and irrevocably release,
acquit and discharge STD PARTNERS and its Related Persons and Entities, EBENSTEINER and
its Related Persons and Entities, and CITY and its Related Persons and Entities, from and against
any and all. Claims, demands, rights, liabilities, obligations, causes of action, damages, losses,
attorneys' 'fees and expenses, and costs of every kind and nature whatsoever, known or unknown,
fixed or contingent, in law or in equity, which any of them may now have or may hereinafter
have, which directly or indirectly arise out of, or are in any way connected with and/or are
claimed to relate to, the SUBJECT PROPERTIES and/or the ACTIONS, including, without
limitation, Claims relating to bodily injury, property damages, relocation, diminution in value,
other economic loss, any and all forms of past or future land movement, subsidence, landslide,
erosion, slope failure, regardless of causation arising out of the subject matter of the ACTIONS,
and any other claim of any type that was or could have been made in the ACTIONS and the
prosecution or handling of the ACTIONS, including all claims for fees, costs or expenses.
PLAINTIFFS and each of them, for themselves, their respective Related Persons and
Entities, and all others who may claim by or through them, fully, forever and irrevocably release,
acquit and discharge each other PLAINTIFFS and his/her/their/its Related Persons and Entities,
from and against any and all Claims, demands, rights, liabilities, obligations, causes of action,
1.7
damages, losses, attorneys' fees and expenses, and costs of every kind and nature whatsoever,
known or unknown, fixed or contingent, in law or in equity, which any of them may now have or
may hereinafter have, which directly or indirectly arise out of, or are in any way connected with
and/or are claimed to relate to the ACTIONS, including, without limitation, Claims relating to
bodily injury, property damages, relocation, diminution in value, other economic loss, any and
all forms of past or future land movement, subsidence, landslide, erosion, slope failure,
regardless of causation arising out of the subject matter of the ACTIONS, and any other claim of
any type that was or could have been made in the ACTIONS and the prosecution or handling of
the ACTIONS, including all claims for fees, costs or expenses.
SJD PARTNERS and its Related Persons and Entities, EBENSTEINER and its Related
Persons and Entities, and CITY and its Related Persons and Entities, and all others who may
claim by or through them, fully, forever and irrevocably release, acquit and discharge each
PLAINTIFF and his/her/its respective Related Persons and Entities, from and against any and all
Claims, demands, rights, liabilities, obligations, causes of action, damages, losses, attorneys' fees
and expenses, and costs of every kind and nature whatsoever, known or unknown, fixed or
contingent, in law or in equity, which any of them may now have or may hereinafter have, which
directly or indirectly arise out of, or are in any way connected with and/or are claimed to relate to
the ACTIONS, including, without limitation, Claims relating to property damages, diminution in
value, other economic loss, any and all forms of past or future land movement, subsidence,
landslide, erosion, slope failure, regardless of causation arising out of the subject matter of the
ACTIONS, and any other claim of any type that was or could have been made in the ACTIONS
and the prosecution or handling of the ACTIONS, including all claims for fees, costs or
18
expenses.
PLAINTIFFS David D. DcHaas and Maria D. DeHaas and each of them, for themselves,
their respective Related Person. and Entities, and all others who may claim by or through them,
fully, forever and irrevocably release, acquit and discharge SJD PARTNERS and its Related
Persons and Entities, EBENSTEINER and its Related Persons and Entities, and CITY and its
Related Persons and Entities, from and against any and all Claims, demands, rights, liabilities,
obligations, causes of action, damages, losses, attorneys' fees and expenses relating directly or
indirectly to or arising directly or indirectly out of the fact that they filed Bankruptcy due to
financial hardship that was allegedly created by the failure of the Meredith Canyon Slope.
L. WAIVER OF CIVIL CODE SECTION 1542
The parties hereto acknowledge that, with respect to the matters released in paragraph K,
there is a risk that subsequent to the execution of this AGREEMENT, they may incur, suffer or
sustain, loss, damage, injury, harm, costs, attorneys' fees, expenses, or any of these, which are in
some way caused by or connected with the persons, entities and/or matters referred to above in
paragraph K, or which are unknown and unanticipated at the time this AGREEMENT becomes
effective, or which are not presently capable of being ascertained; and further that there is a risk
that such loss, injury, harm, costs, expenses and damages as are known may become more
serious than the parties, or any of them, now expect or anticipate. Nevertheless, the parties
hereto acknowledge that this AGREEMENT has been negotiated and agreed upon in light of that
realization and the parties hereby expressly waive any right that they may have for such
unknown or unsuspected claims referred to in paragraph K. In so doing, the parties have had the
benefit of their own counsel and consultants, having been fully advised, knowingly and
ILI
specifically waive the rights under California Civil Code Section 1542, which provides as
follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR
AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN
BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT
WITH THE DEBTOR.
IT IS EXPRESSLY UNDERSTOOD AND AGREED that this waiver of Civil Code
Section 1542 and the releases set forth in paragraph K are material terms of this AGREEMENT
and were separately negotiated between the parties hereto.
M. COMPROMISE.
This AGREEMENT is the compromise of disputed claims. By entering into this
AGREEMENT, no party is admitting to the sufficiency of any claim, allegation, assertion,
contention or position of any other party, nor waiving any defense to any claim, allegation,
assertion, contention or position. To the contrary, the parties expressly deny liability or
responsibility.
N. ENTIRE AGREEMENT
This AGREEMENT constitutes the entire agreement between. the parties hereto
pertaining to the subject matter hereof, fully supersedes any and all prior understandings,
representations, warranties and agreements between the parties hereto, or any of the subject
matter hereof, and may be modified only by written agreement signed by the parties hereto
unless noted otherwise in this AGREEMENT. This AGREEMENT is the final written
presentation of the settlement of these parties, and no oral understanding or verbal representation
shall modify the AGREEMENT to any degree. However, this AGREEMENT is not meant to
20
supersede any existing agreements between CITY and its Related Person and Entities and SJD
PARTNERS and its Related Person and Entities, including but not limited to, the Development
Agreement of the Pacific Point Project. Further, this AGREEMENT is not meant to supersede
any existing Settlement and MutualRelease Agreement between Curtis and the Plaintiffs and
Real Parties in interest in Lee, et al. v John J. Curtis et al., Case No. OICC0653, nor with respect
to any existing settlement or release agreement between Curtis and CITY arising out of the
DeHaas, et al., v. City of San Juan Capistrano, et al., Case No. OICC00327 and Curtis v City of
San :Tuan Capistrano et al., Case No. OICCO0331.
0. REPRESENTATIONS
Each party hereby represents and warrants that they are the sole and exclusive owners of
their claims, that no other party has any right, title or interest whatsoever in said causes of action
or a lien related to said causes of action or other matters referred to herein. Each party represent
that there has been no assignment, transfer, conveyance or other disposition by said parties of
any of said causes of action or other matters referred to herein. Parties acknowledge that SJD
PARTNERS and CITY all parties, have relied on and are relying on such representations and
warranties by each party in entering into this AGREEMENT.
P. ]FURTHER REPRESENTATION BY PLAINTIFFS
PLAINTIFFS each acknowledge the existence of and agree that each will adhere with
California law regarding disclosure obligations to prospective purchasers of their respective
properties, as is required by virtue of this AGREEMENT.
Q. GOOD FAITH
The parties agree and acknowledge that the instant settlement, which is the subject matter
21
of this AGREEMENT, is made in good faith pursuant to the provisions of Code of Civil
Procedure, Section 877.6 and other applicable California authority.
R. CONFIDENTIALITY
PLAINTIFFS and each of their respective Related Persons and Entities, and their
respective attorneys, shall not disclose, publicize or advertise the terms or conditions of this
AGREEMENT in any fashion to any media, including but not limited to newspapers, magazines,
television, radio, newsletters, mailings, flyers, brochures, advertisements, resumes, or the
Internet. In all instances in which said terms are disclosed to any third parties, any such third
parties shall be advised of the confidentiality of this AGREEMENT and be requested to abide by
the provisions of this confidentiality.
S. COVENANT NOT TO SUE
(a) The parties hereby covenant and agree never to commence, aid in any way or in
any manner whatsoever prosecute any legal action or other proceeding; against the persons and
entities released by this AGREEMENT, arising out of, relating to or in connection with
ACTIONS, save and except any right or obligation created and/or preserved by this
AGREEMENT.
(b) This AGREEMENT may be pled as a full and complete defense to any action or
other proceeding, and as the basis for a dismissal of, or injunction against, such action or other
proceeding, arising out of, relating to the matters released herein, as well as the basis for a cross-
complaint for damages.
T. WAIVER OF SECTION 1654
The parties agree that the language of this AGREEMENT shall not be construed or
22
interpreted against the drafter of this AGREEMENT. Additionally, the parties hereby waive the
provisions of Civil Code Section 1654, which provides as follows:
In cases of uncertainty not removed by the preceding rules, the language of a
contract shall be interpreted most strongly against the party who caused the
uncertainty to exist.
U. A'T'TORNEYS' PEES
Each party will bear their own fees and costs incurred in all the aforementioned
ACTIONS. However, in the event any party is required to file a Motion to Enforce Settlement in
conjunction with this AGREEMENT, the prevailing party shall be entitled to attorneys' fees
actually incurred, together with expert witness expenses, and other costs relating to any such
Motion. If SJD PARTNERS or the CITY are the prevailing parties in a Motion to Enforce
Settlement, the amount due to PLAINTIFFS under this AGREEMENT shall be reduced by the
amount of any fees, expenses or costs awarded to STD PARTNERS or CITY.
V. INDEPENDENT ADVICE OF COUNSEL
The parties hereto, and each of them, represent and declare that in executing this
AGREEMENT, they relied solely upon their own judgment, belief, and knowledge, and the
advice and recommendation of their own independently selected experts and counsel, if any,
concerning the nature, extent, and duration of their rights, claims, damages and the settlement,
and they have not been influenced by any representation and/or statement by any other party, its
attorneys, consultants or insurers.
W. GOVERNING LAW
This AGREEMENT is executed and delivered within the County of Orange, State of
California, unless otherwise noted, and the rights and obligations of the parties hereunder shall be
23
construed and enforced in accordance with, and governed by, the laws of the State of California.
X. WAIVER AND AMENDMENT
No breach of any provision hereof can be waived unless in writing. This AGREEMENT
may be amended only by a written agreement executed by the parties in interest at the time of the
modification.
Y. SUCCESSORS AND ASSIGNS
Each of the terms of this AGREEMENT are binding upon and inure to the benefit of each
of the parties and their respective Related Persons and Entities.
Z. SEVERABILITY
if any provision of this AGREEMENT is held by a Court of competent jurisdiction to be
invalid, void or unenforceable for whatever reason, the remaining provision not so declared shall,
nevertheless, continue in full force and effect, without being impaired in any manner whatsoever.
AA. FURTHER ASSURANCES
The parties hereto agree to execute such documents and to take such other action as may
be reasonably necessary to further the purpose of this AGREEMENT.
BB. NO RESCISSION
The parties agree that in no event may this AGREEMENT be rescinded after it is
executed, except as provided for in this AGREEMENT. The sole remedy of any party arising
from any claims under this AGREEMENT, rased upon any legal theory whatsoever, shall be for
monetary damages and/or equitable relief to enforce the AGREEMENT.
CC. AUTHORITY
Any corporation signing this AGREEMENT represents and warrants that said
24
AGREEMENT is executed with the authority of the Board of Directors of said corporation. Any
partner or spouse executing this AGREEMENT represents and warrants that this AGREEMENT
is executed with the authority of all partners and the other spouse respectively. The parties hereto
further represent and warrant that they have authority to irrevocably bind all persons and entities
in accord with and to the extent set forth in this AGREEMENT.
DD. GENDER AND TENSE
Whenever required by the context hereof, the singular shall be deemed to include the
plural, and the plurals shall be deemed to include the singular, and the masculine, feminine and
neutral genders shall each be deemed to include the other.
EE. VOLUNTARY AGREEMENT
The parties hereto and each of them, further represent and declare that they have carefully
read this AGREEMENT and know the contents thereof and that they signed the same freely and
voluntarily.
FF. COUNTERPARTS
This AGREEMENT may be executed by way of separate counterparts, and all so executed
shall constitute an agreement which shall be binding upon all parties hereto, notwithstanding that
the signatures of all parties' designated representatives do not appear on the same page.
Facsimiles and photocopies shall serve as originals and counterparts for signing.
GG. NOTICE
Notice given pursuant to any tern or condition of this AGREEMENT shall be directed to
the attorneys for the respective parties via certified mail. at the following addresses: Kenneth S.
Kasdan, Esq., Kasdan, Simonds, Riley & Vaughan, 2600 Michelson :Drive, Tenth Floor, Irvine,
25
Dated:
Dated:
Dated:
Dated:
Dated:
Dated:
Dated:
Dated:
Dated:
Dated:
In witness whereof, the parties hereto have executed this AGREEMENT.
GORDON WALLACE CAMMELL
KATHLEEN FAY CAMMELL
CAMMELL FAMILY TRUST
DAVID D. DEHAAS
MARIA D. DEHAAS
STEPHEN J. HANTEN
LAURIE HANTEN
MICHAEL L. HEINZ
DIANE C. HEINZ
ELEANOR B. JUDSON
26
California 92612-6510; John J. Curtis, Esq., Law Offices of John J. Curtis, 2 Arado, Rancho
Santa Margarita, California 92688; M. Lois Bobak, Esq., Woodruff, Spradlin & Smart, 701 S.
Parker Street, Suite 8000, Orange, California 92868-4760; and Thomas A. Balestreri, Jr.,
Balestreri, Pendleton & Potocki, 3033 Fifth Ave., Suite 400, San Diego California 92103. If
certified delivery of the mail can not be accomplished at any of the addresses listed above, the
notice shall be sent via regular mail to the last known address of that party.
In witness whereof, the parties hereto have executed this AGREEMENT.
Dated:T
Dated: _-—_
Dated: - ,3
Dated:
Dated:
Dated:
Dated:
KATHLEEN FAY C MELL
AMMELL F'AMIL UST
DAVID D. DEHAAS
STEPHEN J. HANTEN
LAURIE HANTEN
26
California 92612-6510; John J. Curtis, Esq., Law Offices of John J. Curtis, 2 Arado, Rancho
Santa Margarita, California 92688; M. Lois Bobak, Esq., Woodruff, Spradlin & Smart, 701 S.
Parker Street, Suite 8000, Orange, California 92868-4760; and Thomas A. Balestreri, Jr.,
Balestreri, Pendleton & Potocki, 3033 Fifth Ave., Suite 400, San Diego California 92103. If
certified delivery of the mail can not be accomplished at any of the addresses listed above, the
notice shall be sent via regular mail to the last known address of that party.
In witness whereof, the parties hereto have executed this AGREEMENT.
Dated:
Dated:
Dated:
Dated:
Dated: / � / Q
Dated:
GORDON WALLACE CAMMELL
KATHLEEN FAY CAMMELL
STEPHEN J. HANTEN
Dated:
LAURIE HANTEN
26
California 92612-6510; John. J. Curtis, Esq., Law Offices of John J. Curtis, 2 Arado, Rancho
Santa Margarita, California 92688; M. Lois Bobak, Esq., Woodruff, Spradlin & Smart, 701 S.
Parker Street, Suite 8000, Orange, California 92868-4760; and Thomas A. Balestreri, Jr.,
Balestreri, Pendleton & Potocki, 3033 Fifth Ave., Suite 400, San Diego California 92103. If
certified delivery of the mail can not be accomplished at any of the addresses listed above, the
notice shall be sent via regular mail to the last known address of that party.
In witness whereof; the parties hereto have executed this AGREEMENT.
Dated:
Dated:
Dated:
Dated:
Dated:
Dated:
Dated: �-
GORDON WALLACE CAMMELL
KATHLEEN FAY CAMMELL
CAMMELL FAMILY TRUST
DAVID D. DEHAAS
MARIA D. DEHAAS
STEPHEN .. HANTTEN
LAURIE HANTEN
26
Dated:
Dated:
Dated:
Dated:
Dated:
Dated:
Dated:
Dated:
Dated:
Dated:
Dated:
Dated:
Dated:
Dated:
MICHAEL L. HEINZ
DIANE C. HEINZ
ELEANOR B. JUDSON
• � : � �i1�i1Z � : .
RAHIM KARJOO
KUALA CHU KUO
FANG -LAN WANG KUO
LISA WENLIN KUO
JAMES O. LEE
MARIAN L. LEE
LEE FAMILY TRUST
MARION MASEK
ROBERT J. MKOLAJCZAK
CATHERINE L. MIKOLAJCZAK
27
Dated: ' - r 0
Dated: 4 -, .
Dated:
Dated:
Dated:
Dated:
Dated:
Dated:
Dated:
Dated:
Dated:
Dated:
DIANE C. HEINZ
ELEANOR B. JUD§ON
ELEANOR / UDSON REVOCABLE TRUST
17si:t
Was
:Is�IiZI;
KUALA CHU KUO
FANG -LAN WANG KUO
LISA WENLIN KUO
JAMES O. LEE
MARIAN L. LEE
LEE FAMILY TRUST
MARION .MASEK
ROBERT J. MIKOLAJCZAK
CATHERINE L. MIKOLAJCZAK
27
Dated:
CAMMELL FAMILY TRUST
Dated:
DAVID D. DEHAAS
Dated:
MARIA D. DEHAAS
Dated:
STEPHEN J. HANTEN
Dated:
LAURIE HANTEN
Dated:
MICHAEL L. HEINZ
Dated: _
DIANE C. HEINZ
Dated:
ELEANOR B. JUDSON
Dated:
ELEA!�0�13. DS N REVOCABLE TRUSTU
Dated:
.,'RAHIM KAR.JOO . _ ,
Dated:
,KUAN CHU KUO
Dated: _
FANG -LAN WANG KUO _
Dated: _
LISA WENLIN KUO
27
Dated:
Dated:
Dated:
Dated:
Dated:
Dated: 6(6
Dated: 6
y�
Dated:
Dated:
Dated:
Dated:
Dated:
....................................... .
Dated:
Dated:
MICHAEL L. HEINZ
DIANE C. HEINZ
ELEANOR B. JUDSON
ELEANOR B. JUDSON REVOCABLE TRUST
RAHIM KARJOO
v
KUAN CHU KUO
AN -LAN WANG KU
LISA WENLIN KUO
JAMES O. LEE
MARIAN L. LEE
LEE FAMILY TRUST
MARION MASEK
ROBERT J. MIKOLAJCZAK
CATHERINE L. MTKOLAJCZAK
27
Dated:
MICHAEL L. HEINZ
Dated:
DIANE C. HEINZ
Dated:
ELEANOR B. JUDSON
Dated:
ELEANOR B. JUDSON REVOCABLE TRUST
Dated:
RAHIM KARJOO
Dated.
KUALA CMU KUO
Dated:
FA - AN WANG KUO
Va
- U-ao,-
Dated:0 C}
LISAWENLIN KUO
Dated:
JAMES O. LEE
Dated:
MARIAN L. LEE
Dated:
LEE FAMILY TRUST
Dated: _
MARION MASEK
Dated:
_
ROBERT J. MIKOLAJCZAK
Dated:
CATHERINE L. MIKOLAJCZAK
27
Dated:
MICHAEL L. HEINZ
Dated:
DIANE C. HEINZ
Dated:
ELEANOR B. JUDSON
Dated:
ELEANOR B. JUDSON REVOCABLE TRUST
Dated:
RAHIM KARJOO
Dated:
KUAN CHU KUO
Dated:
FANG-LAN WANG KUO
Dated:
LISA KUO
WENLIN
Dated:
JAMES L� E
Dated-
MAMAN L. LEE
Dated:
-- —11— 3
�
�.�-� . .._._.,...
LEE F LY TRUST
Dated:
MARION MASEK
Dated:
ROBERT J. MIKOLAJCZAK
Dated:
CATHERINE L. MIKOLAJCZAK
27
Dated:
MICHAEL L. HEINZ
Dated:
DIANE C. HEINZ
Dated:
ELEANOR B. JUDSON
Dated:
ELEANOR B. JUDSON REVOCABLE TRUST
Dated:
RAHIM KARJOO
Dated:
KUAN CITU KUO
Dated:
FANG -LAN WANG KUO
Dated:
LISA WENLIN KUO
Dated:
JAMES O. LEE
Dated:
MARIAN L. LEE
Dated:
LEE FAMILY TRUST
Dated:
MARIONMASEK
Dated:
ROBERT J. MIKOLAJCZAK
Dated:
CATHERINE L. MIKOLAJCZAK
27
Dated:
Dated:
Dated:
Dated:
Dated:
Dated:
Dated:
Dated:
Dated,-
Dated-
Dated:
ated:Dated:Dated:
Dated:
Dated: 0�
Dated:
MICHAEL L. HEINZ
DIANE C. HEINZ
ELEANOR B. JUDSON
ELEANOR B. JUDSON REVOCABLE TRUST
RAHIM KARJOO
KUAN CHU KUO
FANG -LAN WANG KUO
LISA WENLIN KUO
JAMES O. LEE
MARIAN L. LEE
LEE FAMILY TRUST
M SEK
Af
ROBte J. IKOL . C
l�
CATHERINE L. mjkoLAjczA4
27
Dated: -#4"2
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Dated:
Dated:
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._
ROBERT J.MIKOLAJCZAK A C HERNE
L. MIKOLAJCZAK REVOCABLE LIVING
TRUST
RONALD B. MURK
JANET MURR
PAUL R. PRINCE
PAUL R. PRINCE .for SPARKLE INVESTMENTS,
LLC
MYRNA M. PRINCE
STEPHEN W. ROSEN
STEPHEN W. ROSEN for JW&S LTD.
BRETTON E. TROWBRIDGE
REBECCA TROWBRIDGE
YASUY WJ YAMAGUCHI
YASUYUKI YAMAGUCHI for 11428
MA.RQUARDT, LLC
]KUYO YAMAGUCHI
28
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Dated:
Dated:
ROBERT J.MIKOLAJCZAK AND CATHERINE
L. MIKOLAJCZAK REVOCABLE LIVING
TRUST
RONAMP. MURK
JANT/ I
���
PAUL R. PRINCE
PAUL R. PRINCE for SPARKLE INVESTMENTS,
LLC
MYRNA M. PRINCE
STEPHEN W. ROSEN
STEPHEN W. ROSEN for JW&S LTD.
BRETTON E. TROWBRIDGE
REBECCA TROWBRIDGE
YASLTYM YAMAGUCHI
YASUYUKI YAMAGUCHI for 11428
MARQUARDT, LLC
IKUYO YAMAGUCHI
28
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Dated:
Dated:
Dated:
Dated:
ROBERT J.MIKOLAJCZAK AND CATHERINE
L. MIKOLAJCZAK REVOCABLE LIVING
TRUST
RONALD B. MURR
JANET
R. PMNCE
PAUL R. PRINCE for SPARKLE INVESTMENTS,
LLC
MY M. PRINCE
STEPHEN W. ROSEN
Dated:
STEPHEN W. ROSEN for JW&S LTD.
Dated:
BRETTON E. TROWBRIDGE
Dated:
REBECCA TROWBRIDGE
Dated:
YASUYUKI YAMAGUCHI
Dated:
YASUYUKI YAMAGUCHI for 11428
MARQUARDT, LLC
Dated:
IKUYO YAMAGUCHI
28
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Dated:LL `d ,
Dated:
Dated:
Dated:
Dated:
Dated:
ROBERT TMIKOLAJCZAK AND CATHERINE
L. MIKOLAJCZAK REVOCABLE LIVING
TRUST
RONALD B. MURR
JANET MURK.
PAUL R.. PRINCE
PAUL R. PRINCE for SPARKLE INVESTMENTS,
LLC
MYRNA M. P E
I' - V, -
STEPHEN V. ROSEN for JW&S LTD.
BRETTON E. TROWBRIDGE
REBECCA TROWBRIDGE
YASUYL.JKI YAMAGUCHI
Y AS U Y UKI YAMAGUCHI for 11428
MARQUARDT, LLC
IKUYO YAMAGUCHI
28
Dated,
Dated:
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Dated:
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Dated:
Dated:
Dated:
ROBERT J.MIK0LAJCZA.K AND CAT14ERINE
L. MIKOLAJCZAK REVOCABLE LIVING
TRUST
RONALD B. MlJRR
JANET MURR
PAUL R. PRINCE
PAUL R. PRINCE for SPARKLE INVESTMENTS,
LLC
MYRNA M..PRINCE
STEPHEN W. ROSEN
HEN W. ROSE dor JW&S LTD.
TON E.
YASUYUKI YAMAGUCHI
YASUYUKI YAMAGUCHI for 11428
MARQUARDT, LLC
IKUYO YAMAGUCFH
28
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/10 3
Dated:
Dated:
ROBERT J.MIKOLAJCZAK AND CATHERINE
L. MIKOLAJCZAK REVOCABLE LIVING
TRUST
04101 go—ma1fu 77
PAUL R. PRINCE
PAUL R. PRINCE for SPARKLE INVESTMENTS,
LLC
MYRNA M. PRINCE
STEPHEN W. ROSEN
STEPHEN W. ROSEN for JW&S LTD.
BRETTON E. TROWBRIDGE
REBECCA TROWBRIDGE
YA§tTYUKIY AGUCHI
Y UMTIJKIYA.MAGUCHI for 11428
MARQUARDT, LLC
IKUYO YAMAGUCHI
28
Dated:
Dated:
Dated:
Dated:
Dated:
Dated:
Dated:
Dated:
Dated:
Dated:
Dated:
Dated:
ROBERT J.MIKOLAJCZAK AND CATHERINE
L. MIKOLAJCZAK REVOCABLE LIVING
TRUST
RONALD B. MLTEu2 .—_—..__..__.�_..._..._..�..
JANET MURR'
:PAUL R. PRINCE
PAUL R. PRINCE for SPARKLE INVESTMENTS,
LLC
MYRNA M. PRINCE
STEPHEN W. ROSEN
STEPHEN W. ROSEN for JW&S LTD.
BRETTON E. TROWBRIDGE
REBECCA TROWBRIDGE
YASUYUKI YAMAGUCHI
I AO U x U&I Y AlVJACrUUHJ for 1.1428
r MARQUARDT, LLC
Dated: 0
IKUYO YAIAGUCHI
28
Dated: -~
KT S. KASDAN,
SDAN, SIMONDS, RILEY & AUGHAN
ATTORNEYS FOR PLAINTIFFS, (except John J.
Curtis)
APPROVED AS TO FORM ONLY
Dated: J V r'j Y 2 4d
ACK A. LUCAS, ESQ.
LAVtr OFFICES OF JACK A. LUCAS
ATTORNEYS FOR PLAINTIFFS, (except John. J.
Dated:
Dated:
Curtis)
APPROVED AS TO FORM ONLY
JOHN J. CURTIS
MICHAEL SANDSTRUM,
BREMER & WHYTE, ATTORNEYS FOR JOHN J.
CURTIS
APPROVED AS TO FORM ONLY
SJD PARTNERS LTD.
Dated: BY:
(PLEASE PRINT NAME)
TITLE:
29
Dated:
Dated:
KENNETH S. KASDAN,
KASDAN, SIMONDS, RILEY & VAUGHAN
ATTORNEYS FOR PLAINTIFFS, (except Jahn J.
Curtis)
APPROVED AS TO FORM ONLY
.TACK A. LUCAS, ESQ.
LAW OFFICES OF JACK A. LUCAS
ATTORNEYS FOR PLAINTIFFS, (except John J.
Curtis)
APPROVED AS TO FORM ONLY
Dated: )
JOH CUR IS
Dated:
MICHAEL SANDSTRUM,
BREMER & WHYTE, ATTORNEYS FOR JOHN J,
CURTIS
APPROVED AS TO FORM ONLY
SJD PARTNERS LTD.
Dated: BY:
(PLEASE PRINT NAME)
TITLE:
29
If -)It --� 2 -
Dated:
KENNETH S. KASDAN,
KASDAN, SIMONDS, RILEY & VAUGHAN
ATTORNEYS FOR PLAINTIFFS, (except John J.
Curtis)
APPROVED AS TO FORM ONLY
Dated:
JACK A. LUCAS, ESQ.
LAW OFFICES OF JACK A. LUCAS
ATTORNEYS FOR PLAINTIFFS, (except John J.
Curtis)
APPROVED AS TO FORM ONLY
Dated:
JOHN J. CURTIS
Dated:
MICWAE 'DSTRUM,
BREMER & WHYTE, ATTORNEYS FOR JOHN J.
CURTIS
APPROVED AS TO FORM ONLY
SJD PARTNERS LTD.
Dated: BY:
(PLEASE PRINT NAME)
TITLE:
29
Dated:
Dated:
Dated:
Dated:
MICHAEL SANDSTRUM,
BREMER & WHYTE, ATTORNEYS FOR JOHN J.
CURTIS
APPROVED AS TO FORM ONLY
SJD PARTNERS LTD.
BY: r v a
(PLEASE PRINT NAME)
TITLE:
/3 :.
SJD DEVELOPMENT CORPORATION
r
BY:
(PLEASE PRINT NAME)
TITLE: .:,=' �A
SUNCAL COMPANIES Di��vi�s m of CWC, Inc.
BY:
. a/
(PLEASE PRINT NAME)
TITLE:= .. psi p ,..�=
29
Dated:
w�
Dated:
CWC, INC.
BY: / w (if�
(PLEASE PRINT NAME)
TITLE: :5y e 7"
N
THOMAS A. BALESTRERI, JR.
BALESTRERI, PENDLETON & POTOCKI
ATTORNEYS FOR SJD PARTNERS, LTD,, SJD
DEVELOPMENT CORPORATION, SUNCAL
COMPANIES and CWC, INC
APPROVED AS TO FORM ONLY
EBENSTEINER COMPANY
Dated: BY:
(PLEASE PRINT NAME)
TITLE:
30
Dated:
Dated:
Dated: cl I ` lcl cl _ _.
CWC, INC.
(PLEASE PRINT NAME)
TITLE:
THOMAS A. BALESTRERI, JR.
BALESTRERI, PENDLETON & POTOCKC
ATTORNEYS FOR SJD PARTNERS, LTD., SJD
DEVELOPMENT CORPORATION, SUNCAL
COMPANIES and CWC, INC
APPROVED AS TO FORM ONLY
EBENSTEINER COMPANY
BY:
v aL
(PLEASE PRINT NAME)
TITLE:
31
S:(In 01 ATTT) :)siTH Kqa HR 'iva LTfO RRP frT(' VV -T nz:tT tnn7If) riGn
JUN -30-200:3 18:44 -qLE,BRADEN & HINCHCLIFFE
Dated: -Zl� � I 17-005
Dated:
Dated.
Dated:
310 398 531? P.04/04
EV TT HINCI IFFE
TODD BRFS� R
DALE, BRADEN & HINCHCLIFFE
ATTORNEYS FOR EBENSTEINER COMPANY
APPROVED AS TO FORM ONLY
CITY OF SAN JUAN CAPISTRANO
BY:
JOHN R. SHAW
(PLEASE PRINT NAME)
TITLE. CITY ATTQRNVY
IN4. LOIS BOBAK
WOODRUFF, SPRADLLN & SMART
ATTORNEYS FOR CITY OF SAN JUAN
CAPISTRANO
APPROVED AS TO FORM ONLY
GIRARD FISHER
POLLACK, VIDA & FISHER
ATTORNEYS FOR CITY OF SAN JUAN
CAPISTRANO
APPROVED AS TO FORM ONLY
32
11"P.Offiffaml
JUL--Ull--a-u.e--) wuuvmur,r z)rmmuLjni zwimm;
Datcd-,
Date,& .-d-(A.(IL4 . ........... '.,::)o
a14 01.)D frof r . UW U14
EVERETTEN CHCLfff
TODD BRESSLER-
DALE, BRADEN & HINCHC=
ATTORNEYS FOR'EBENSIMTNER -COWANY'-,
&.ppv-'««2
FUMI"
(PLEASE PRM NAME)
mffvjm< 'I I III '04"m w
Dated:
32
LRS
07/02/03 WED 11:22 FAX 310 551 x.036 POLLAK VIDA FISHER 2002
Dated:
Dated:
Dated:
—A4—
EVERETT HI NCHCLI FFE
TODD BRESSLER
DALE, BRADEN & HINCHCLIFFE
ATTORNEYS FOR EBENSTEINER COMPANY
APPROVED AS TO FORM ONLY
CITY OF SAN .JUAN CAPISTRANO
JOHN . SHAW
(PLEASE PRINT NAME)
TITLE: _.,. CITY ATTORNEY
M. LOIS BOBAK
WOODRUF PRADLINRT
ATTO EYS qPR CI OF ISAJUAN
VAS TQ/FORM0,N/LY
S
,GIRARD FISHER
POLLACK, VIDA FISHED
ATTORNEYS F R CITY OF SAN ,JUAN
CAPISTRAN
APPROVED S TO FORM ONLY
LAW OFFICES OF
WOODRUFF, SPRADLIN & SMART
A PHOFESS[ONAL CORPORATION
MEMORANDUM f
SAN JUAIN
TO: Ms. Meg Monahan, City Clerk
City of San Juan Capistrano
FROM: M. Lois Bobak, Deputy City Attorney
DATE: October 14, 2003
RE: Cammell v. SJD Partners, Ltd., San Juan Capistrano, et al. (and related cases)
Enclosed you will find page 31 to the Settlement Agreement which contains the
original signature of Steve Yurosek of Ebensteiner Company and page 4 of the
Addendum which contains the original signatures of Steve Yurosek and Todd Bressler
of Dale, Braden & Hinchcliffe. Please replace the photocopied signatures in the
Agreement and the Addendum with these pages containing the original signatures.
Also enclosed you will find a copy of a map that is referenced in paragraph E on
page 13 of the Mutual Settlement and Release Agreement. Please add the map to the
original copy of the agreement that you are maintaining at the City.
If you have any questions, please do not hesitate to call.
Very truly yours,
WOODRUFF, SPRADLIN & SMART
A Professional Corporation
LOIS BOBAK
Enclosures
cc: John R. Shaw, City Attorney
LAW OFFICES OF
WOODRUFF, SPRADLIN & -MART
A PROFESSIONAL C:ORPORAT[ON
MEMORANDUM .. Z003 SEP !b P 1: 31
S AN `1 U, P
TO: Ms. Meg Monahan, City Clerk
City of San ,Juan Capistrano
FROM: M. Lois Bobak, Deputy City Attorney
DATE: September 15, 2003
RE: Cammell v. SJD Partners Ltd., Sart Juan Capistrano, et al. and related cases
recently learned that the Mutual Settlement and Release Agreement that I
forwarded to you last week was not the final version of the agreement. I have enclosed
the correct copy of the agreement. Please remove and destroy the pages of the
agreement that do not contain the signatures (pages t through 25) and replace them
with the enclosed version of the agreement.
If you have any questions, please do not hesitate to call.
Very truly yours,
Enclosure
cc: John R. Shaw, City Attorney
LAW OFFICES OF
WOODRUFF, SPRADLIN &- -MART
A PROFESSIONAL CORPORATION
RECEIVED
7003 SEP 10 P 2,' 2 b
SAN jijmGAPIST RhNO
MEMORANDUM
TO: Ms. Meg Monahan, City Clerk
City of San Juan Capistrano
FROM: M. Lois Bobak, Deputy City Attorney
DATE: September 8, 2003
RE: Cammell v. SJD Partners, Ltd., San Juan Capistrano, et al. (and related cases)
Enclosed you will find the original Mutual Settlement and Release Agreement
and the original Addendum "A" to Mutual Settlement and Release Agreement. These
documents are to be maintained by the Clerk's Office at the City,
If you have any questions, please do not hesitate to call.
f.L�OISMOBAK
Enclosures
cc: John R. Shaw, City Attorney
66€0 1/01
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lw�HUNSAKER & ASSOCIATES-
-
0IN
A I R V ! N E i N C
PLANNING • ENGINEERItJC. - SURVEYING
Three Hughes • Irvine, CA 92618 • PH: (714) 5&3.1u10 - FX: (714) 587.0759 L , . , : -_
PPCPARCf) UNDER THE 5Ur -I'RVIS1ON 0j-'
-
DOUGLAS L. 5, -AL,( R. .E. .;8796' ';P. .3-31,_06)
SID PARTNERS, LTD.
5190 E- LA PALMA, SUITE b
ANAHEIM, CA 92807
BUS: f774) 693-'6700 BUS FAX: (774) 693-6734
SLID"LE AREA
80
x
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!890 -?4f951
C,RA-rara.' 1
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CITY OF SAN JUAN CAPISTRANO ° '?'"-
DEPARTMENT OF ENGR. & BLDG. ENGINEERING DIVISION slr�E7 f pE I j
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