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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 Dated: Dated: Dated: Dated: Dated. Dated: Dated: Dated: Dated: Dated: Dated: Dated: ozc Q-. ._ 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 Dated: Dated: Dated: Dated: Dated: Dated: Dated, Dated:: 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 Dated: Dated: Dated: 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 Dated: Dated: Dated: Dated: Dated: Dated: Dated: 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: Dated: Dated: Dated: Dated: Dated: Dated: Dated: Dated: 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 Dated: Dated: Dated: Dated: Dated: Dated: Dated: Dated: /// /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. 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P14G1P1G FU1NI 5 %'apa fioie V.,5 f995 - - %--E� % �-� � �-- - �-- - - -�- -�� �- - (IN FEET) 1 inch = 80 ff 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 I !890 -?4f951 C,RA-rara.' 1 UPE! CITY OF SAN JUAN CAPISTRANO ° '?'"- DEPARTMENT OF ENGR. & BLDG. ENGINEERING DIVISION slr�E7 f pE I j r.\enoT\Eng:ree„ng\ca, Grading\Exhlolts\SlfDE-11.cwy