11-0714_CALIF DEPT OF TRANSPORTATION_Settlement Agr (Hunt Club)SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT (the "Agreement") is made and entered into as of
2011 (the "Execution Date") by and between THE HUNT CLUB
COMMtJNITY ASSOCIATION; a non-profit mutual benefit corporation organized and existing
under the laws of the State of California ("Hunt Club"), the City of San Tuan Capistrano ("City")
and the STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION, a governmental
department with the State of California ("Caltrans"). This Agreement shall become effective
upon its approval by the Orange County Superior Court, and its incorporation in the judgment in
the hereinafter described Lawsuit, in accordance with Section Four below.
RECITALS
A. On November 30, 2009, Caltrans certified its final "Environmental Impact Report
for State Route 74 -Lower Ortega Highway Widening Project, State Clearing House Number
2007071038 (the "FEIR'), and approved the "State Route 74 -Lower Ortega Highway Widening
Project" as described in the FEIR (the "Project"). The widening proposed by the Project is
intended to increase the number of lanes on State Route 74 ("Ortega Highway") from two lanes
to four lanes from Calle Entradero (Post 'Utile 1.0) to the easterly boundary of the City of San
Tuan Capistrano ("City") and the western boundary of the County of Orange. (For purposes of
enforcement of this Agreement, the lanes closest to the center median of Ortega Highway within
the boundaries of the Project shall be deemed to be the lanes added by the Project; and are
hereinafter referred to as the "Project Lanes.") The Hunt Club, the City and other parties had
previously filed comments with Caltrans, objecting to the draft EIR.
B. On December 17, 2009, the Hunt Club filed the proceeding entitled "The Hunt
Club Community Association v. State of California Department of Transportation, " Orange
County Superior Court Action No. 30-2009-00328947 (the "Lawsuit"), challenging the
sufficiency of the FEIR and the validity of Caltrans' approval of the Project under the California
Environmental Quality Act, Public Resources Code Section 21000, et seq ("CEQA"). The Hunt
Club's Lawsuit challenges to the adequacy of the FEIR relate principally to the traffic safety,
noise and aesthetic impacts to residents and guests of the Hunt Club community resulting from
implementation of the Project.
C. On or about December 29, 2009, the City filed a petition for writ of mandate
against Caltrans, challenging the adequacy of the FEIR. and the approval of the Project under
CEQA, as Orange County Superior Court No. 30-2009-00333448 (the "City Action"). On
April 1, 2010, the Court in the Lawsuit entered an order consolidating the City CEQA action
with the Lawsuit.
D. On or about November 16, 2010, Caltrans executed an addendum to the FEIR,
dated November 15, 2010, to incorporate into the Project additional project mitigation elements
including a traffic signal at the intersection of Ortega Highway and Via Cordova/Hunt Club
Drive; the use of rubberized asphalt/concrete; the reconstruction of the meandering sidewalk on
the north side of Ortega highway near the western limits of the Project; a prohibition against
nighttime Project construction activities; and the development of an aesthetic and landscaping
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plan/committee to include participation by the City (the "Addendum"). (The FEIR, as
supplemented by the Addendum, is hereinafter referred to as the "Project CEQA Clearance.")
E. Through this Agreement, the Hunt Club, the City and Caltrans desire to resolve
the Lawsuit and allow the Project to proceed on condition that Caltrans incorporate those
mitigation elements identified in the Final EIR and Addendum, including but not limited to
traffic, safety, aesthetic and noise abatement measures into the Project as described herein.
F. It is understood between the parties that depending on funding source and other
factors, Caltrans may or may not be the entity responsible for actually implementing/constructing
the Project, but that as the CEQA Lead Agency, Caltrans may use its discretion to provide
additional mitigation elements to the Project as part of the CEQA process. This decision making
may be reflected in one or more Addenda consistent with CEQA. Caltrans shall ensure that the
entity responsible for implementing and/or constructing the Project complies with the terms of
this agreement.
EXECUTORY AGREEMENTS
NOW, THEREFORE, in consideration of the facts recited above and the mutual
covenants and promises of the Hunt Club, the City and Caltrans as hereinafter contained, and to
avoid unnecessary litigation, the parties to this Agreement agree as follows:
Section One: Additional Project Mitigation. Features.
The Project shall be constructed as described in the Project CEQA Clearance (including
all mitigation measures set forth therein), and additionally shall incorporate into the Project the
Project features set forth in this Section One to address traffic, aesthetic and noise concerns
raised by the Hunt Club and the City:
1.1 Traffic Control Signal at Hunt Club Drive.
(a) As mitigation for potential pedestrian and traffic delay
impacts, the Project shall include a four-way traffic control signal in accordance with the design,
construction and operation standards set forth in the then current version of Part 4 (Highway
Traffic Signals) of the California Manual on Uniform Traffic Control Devices (the "Traffic
Signal Improvements") to control vehicular traffic movements at the intersection of Ortega
Highway/Hunt Club DriveNia Cordova in the City (the "Intersection"). Caltrans and/or the
entity responsible for actually implementing/constructing the Project, shall be responsible for the
design and installation costs associated with the Traffic Signal Improvements. The Traffic Signal
Improvements shall be designed in accordance with sound engineering principles, and shall
generally conform to the geometric features identified in the attached Exhibit "A" which is
incorporated by reference.
(b) During the Aesthetics Committee process described below,
and prior to the commencement of construction installation of the Traffic Signal Improvements,
Caltrans (or the Caltrans designee, if applicable) shall provide to the City and. the Hunt Club a
copy of the proposed design. The City and the Hunt Club shall provide any comments regarding
the Traffic Signal Improvements to Caltrans (or the Caltrans designee) within twenty (20)
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business days following the date of their receipt by the City and the Hurt Club. In the event any
party disputes whether the design of the Traffic Signal Improvements comply with the
requirements of this Agreement, the parties shall participate in informal dispute resolution in
accordance with Paragraph 7.5 below.
(c) The Traffic Signal Improvements shall include the
following general features:
(1) Vehicle detectors and signalization for actuated
protected vehicular operations from Hunt Club Drive onto Ortega highway;
(2) Vehicle detectors and signalization for actuated
protected vehicular left -turn movements from Ortega Highway into Hunt Club Drive; and
(3) Pedestrian control features for protected crossings
of Ortega Highway by pedestrians at Hunt Club Drive.
(d) Caltrans, or the agency responsible for construction
contract administration for the Project, shall not accept the Project contract as being complete or
substantially complete, nor shall it file a Notice of Completion pursuant to California Civil Code
section 3093, until the Traffic Signal Improvements are installed, activated and operational.
(e) Caltrans and the City agree to share post -construction and
maintenance costs for the traffic signal on an equal (50%-50%) basis. Caltrans and the City
further agree to amend an existing Cost Sharing Agreement to document this agreement.
1.2 Guardhouse Relocation. As part of the Project, the Hunt Club's existing
guardhouse and/or gate at Hunt Club Drive immediately north of the Intersection, including all
structures, fixtures, utility connections and landscaping ("Guardhouse") shall be relocated to
avoid, mitigate or otherwise address the potential hazard of vehicles stopped at the Guardhouse
from queuing onto State Route 74. following construction of the Traffic Signal Improvements,
the relocated Guardhouse shall accommodate at least as much distance for queued vehicles
between the guard gate and the roadway as were accommodated by the original location of the
Guardhouse prior to the installation of the Traffic Signal Improvements. The Guardhouse
relocation shall be substantially completed prior to final acceptance of the Project construction
and shall be completed prior to the recordation of a Notice of Completion pursuant to California
Civil Code section 3093.
1.3 Sidewalk Replacement. In the event that the Project requires the removal
of a portion of the existing parkway, sidewalk and landscape from the land immediately to the
north of Ortega Highway and between the Intersection and Calle Entradero, Caltrans shall ensure
that the parkway, sidewalk and landscaping are reconstructed to resemble, to the greatest extent
reasonably possible in light of the reduced area, the parkway, sidewalk and landscaping in
existence prior to the construction of the Project (collectively, the "Sidewalk Replacement").
The parties acknowledge that the existing sidewalk on the northerly side of Ortega Highway
between the Intersection and Calle Entradero is constructed as a curved and meandering (rather
than linear) sidewalk, and the Sidewalk Replacement shall replicate the curved and meandering
alignment and appearance of the existing sidewalk to the greatest extent reasonably possible
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based upon the area available for sidewalk construction. The sidewalk replacement shall be
substantially completed in accordance with this Agreement prior to the recordation of a Notice of
Completion pursuant to California Civil Code section 3093.
1.4 Aesthetic Mitigation.
1.4.1 Landscape Enhancements. In order to further mitigate aesthetic
impacts, the Project shall include additional landscaping, and additional trees where feasible,
than the landscaping and trees described as Project features or Project mitigation in the Project
CEQA Clearance (collectively, the "Landscape Enhancements").
(a) Landscape Enhancements shall be installed on the north
side of the Intersection adjacent to the entrance into the Hunt Club community, as well as on the
north side of Ortega Highway from the Intersection to the west side of the Calle Entradero
entrance off of Ortega Highway, in the City (the "Landscape Enhancement Area").
(b) Prior to the installation of the Landscape Enhancements,
the agency constructing the Project shall prepare a Landscaping Plan depicting the Landscape
Enhancements proposed to be installed in accordance with this Agreement. The agency
constructing the Project shall provide a copy of that plan prior to awarding the construction
contract to the Hunt Club for its review, and shall meet and confer with the Hunt Club's
representatives and consider in good faith any recommendations or suggestions made by the
Hunt Club's representatives.
(c) The parties anticipate that the value of the Landscape
Enhancements shall be approximately Fifty Thousand Dollars ($50,000.00), provided, however,
that the entity constructing the Project shall have no obligation to expend in excess of Fifty
Thousand Dollars ($50,000.00) for the Landscape Enhancements.
(d) Separate from the Landscape Enhancements, all trees that
are removed as part of the Project shall be replaced by Caltrans or the agency constructing the
project at a minimum ratio of three replacement trees for each removed tree (3:1). Replacement
trees for trees removed from the Landscape Enhancement Area shall be planted on the slopes or
within the existing landscaped portion of the Landscape Enhancement Area. No trees are
anticipated to be planted between the Sidewalk Replacement and the back of the relocated curb
on the north side of Ortega Highway.
(e) The Landscape Enhancements shall be substantially
completed prior to the recordation of a Notice of Completion pursuant to California Civil Code
section 3093.
1.4.2 Aesthetics Committee.
An aesthetics and landscape plan committee shall be established to provide guidance on
the aesthetic design of retaining walls and sound walls included in the Project, and the landscape
plan for the Project. Representatives from the City and the Hunt Club shall be included in the
aesthetic and landscape plan committee. The City Council and Hunt Club Board shall each
appoint two members to the committee and each shall notify Caltrans in writing of the
1 31 /026222-0002
11.31246.7 a07/0?11 1 -4-
appointees. As part of the design phase of the Project, Caltrans and the aesthetics and landscape
plan committee shall analyze the feasibility and consider the inclusion of terraced retaining
walls.
1.4.3 Transparent Material for Sound Walls.
(a) Sound walls constructed as part of the Project on the south
side of Ortega Highway, east of Via Cordova, shall include transparent sound attenuating
material for the upper approximately five feet of the wall. The transparent attenuating material
used for the sound walls shall be a durable, long lasting material.
(b) Caltrans, or the agency implementing the Project, agrees to
enter into a Contribution Agreement with the City to transfer to the City an amount representing
the costs of obtaining a replacement set of transparent panels for the sound walls. This
agreement would be finalized prior to the "Ready to List" stage of project delivery.
(c) The City agrees to accept responsibility for maintenance
(but not initial installation) of the sound walls if the sound walls are located on City property.
Section Two: Noise Miti ag tion.
2.1 Supplemental Noise Measurements. Prior to the commencement of
Project design, Caltrans shall at its sole cost conduct actual (not modeled) noise measurements
within the Hunt Club community areas northerly of Ortega Highway from Hunt Club Drive to
Calle. Entradero in the City (the "Noise Measurements") to confirm assumptions used in the
noise analysis included in the CEQA process. Caltrans shall provide written notice to Hunt Club
prior to the commencement of the Noise Measurements. The Noise Measurements shall be
conducted or supervised by a qualified engineer employed by, or under contract to Caltrans,
using noise measuring devices and standards approved by the United States Department of
Transportation's Federal Highway Administration, and Caltrans. Upon their completion,
Caltrans shall furnish copies of the noise measurements to the Hunt Club.
2.2 Noise Mitigation. In the event the additional measurements indicate the
noise impacts of the Project requires additional attenuation, Caltrans shall analyze the impacts
consistent with the CEQA process.
2.3 Prohibition on Nighttime Construction. Nighttime construction activities
shall be generally prohibited for the Project. Nighttime construction activities shall only be
allowed in emergency situations, for the installation of traffic signals, or if Caltrans or the entity
responsible for construction the Project has received prior approval from the City for non-
emergency nighttime construction activities.
2.4 Rubberized Asphalt Concrete. The Project shall include the use of
rubberized asphalt concrete along the Project's roadway footprint.
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Section Three: Restriction on Widening North Side of Orte a Hi hwa .
The parties acknowledge that the Hunt Club strongly opposes any loss or reduction of
landscape, turf or parkway on the northern side of Ortega Highway between the Intersection and
Calle Entradero, as well as any widening or expansion of the paved surface along the north side
of Ortega Highway between the Intersection and Calle Entradero. Notwithstanding language to
the contrary in the Project CEQA Clearance, Caltrans shall not expand or widen the roadbed on
the north side of Ortega Highway between the Intersection and Calle Entradero by more than
from 6.2 to 7.6 linear feet, as measured from the northern curb of Ortega Highway between the
Intersection and Calle Entradero existing as of the date of this Agreement, as shown on the site
plans attached hereto as Exhibits B-1 and B-2 and incorporated herein by this reference.
Section Four: Entry of Judgment and Effectiveness of Agreement.
4.1 The Hunt Club, the City and Caltrans mutually acknowledge that this
Agreement shall not be effective unless and until this Agreement, and all of its terms and
conditions, are approved by the Court in the Lawsuit and incorporated into a final judgment
entered by the Court in the Lawsuit.
4.2 Within 30 days following the Execution Date, the Hunt Club, the City and
Caltrans shall jointly apply for or file a motion requesting that the Court in the Lawsuit approve
this Agreement, enter judgment in the Lawsuit incorporating this Agreement and all of its terms
and conditions, and reserve continuing jurisdiction over the Lawsuit for the limited purpose of
enforcing the terms and conditions of this Agreement. The judgment entered by the Court in the
Lawsuit further shall allow Caltrans or the appropriate agency to proceed with the
implementation of the Project, on condition that Caltrans or the agency implementing the project,
comply with each and all of the requirements, obligations and restrictions imposed upon Caltrans
by this Agreement.
4.3 The judgment entered by the Court in this Lawsuit shall provide that any
party may enforce any of the terms of this Agreement by filing a noticed motion with the Court
in this Lawsuit after complying with informal dispute resolution process set forth in Paragraph
8.5 below, and that the prevailing party in such motion shall be entitled to its court costs and
reasonable attorneys' fees.
4.4 The date of entry of the judgment in this Lawsuit shall be the Effective
Date for purposes of this Agreement.
4.5 The Hunt Club and Caltrans each waives any and all right that it may have
to appeal or otherwise seek reconsideration or appellate review of the judgment entered in the
Lawsuit.
Section Dive: Release of Claims and Covenant Not to Sue or Challenge Pro' ect.
5.1 The Hunt Club, on behalf of itself and its officers, directors, employees,
successors and assigns, past, present and future, hereby fully and forever waives, releases,
discharges, and covenants not to sue Caltrans and its officers, employees, successors or assigns
with respect to any and all claims, demands, costs, expenses, damages, judgments, orders, and
1311026222-0442
1131246.7 a07/0?Il1 —6—
liabilities of whatever kind or nature, in law, equity or otherwise, including but not limited to
claims for attorneys' fees and/or costs, whether now known or unknown, vested or contingent,
suspected or unsuspected, and whether or not concealed or hidden, that are based upon or arise
out of any of the claims, causes of action or defenses asserted by the Hunt Club in the Lawsuit
(collectively, the "Released Claims").
The City, on behalf of itself and its officers, directors, employees, successors and assigns,
past, present and future, hereby fully and forever waives, releases, discharges, and covenants not
to sue Caltrans and its officers, employees, successors or assigns with respect to any and all
claims, demands, costs, expenses, damages, judgments, orders, and liabilities of whatever kind or
nature, in law, equity or otherwise, including but not limited to claims for attorneys' fees and/or
costs, whether now known or unknown, vested or contingent, suspected or unsuspected, and
whether or not concealed or hidden, that are based upon or arise out of any of the claims, causes
of action or defenses asserted by the City in the Lawsuit (collectively, the "Released Claims").
5.2 The release set forth in this Section Five is not intended to, and shall not,
extend to or otherwise release or discharge any rights, privileges, benefits, duties, obligations,
agreements, promises or representations of either the Hunt Club, the City or Caltrans existing by
reason of, or otherwise arising out of, this Agreement. Specifically, but without limiting the
foregoing, the parties expressly acknowledge that the Released Claims exclude any claims,
demands, costs, expenses, damages, judgments, orders or liabilities relating to Caltrans'
performance of any component of the Work and any other requirement, obligation or restriction
imposed upon Caltrans under this Agreement.
5.3 The release set forth in this Section Five is not intended. to be, and shall
not, constitute a general release.. However, to the extent applicable to the maters released herein,
the Hunt Club and the City hereby expressly waives any and all rights, defenses and benefits the
Hunt Club might otherwise have under the provisions of section 1542 of the California Civil
Code, which reads in full as follows:
A general release does not extend to claims which the creditor does
not know of suspect to exist in his or her favor at the time of
executing the release, which if known by him or her must have
materially affected his or her settlement with the debtor.
The Hunt Club and the City expressly acknowledge that, not withstanding section 1542 of the
California Civil Code, or any other statute or rule of law of similar import, this release shall be
given full force and effect according to each and all of its express terms and provisions.
5.4 The Hunt Club, for itself, its officers, directors, employees, successors and
assigns, agrees not to challenge or oppose the implementation of the Project, or seek judicial.
relief against the Project under the Lawsuit, so long as the Project is constructed in accordance
with the Project CEQA Clearance and this Agreement, and Caltrans complies with all of the
requirements, obligations and restrictions imposed on it by this Agreement and ensures the entity
responsible for implementing/constructing the Project complies with all of the requirements,
obligations and restrictions included in this Agreement. Notwithstanding the foregoing, the Hunt
1311026222-0002
1131246.7 a07/47/1I _7
Club does not waive its rights to receive just compensation for any property that Caltrans may
determine to acquire in order to implement the Project.
5.5 The City, for itself, its officers, .councilmembers, employees, successors
and assigns, agrees not to challenge or oppose the implementation of the Project, or seek judicial
relief against the Project under the Lawsuit, so long as the Project is constructed in accordance
with the Project CEQA Clearance and this Agreement, and Caltrans complies with all of the
requirements, obligations and restrictions unposed on it by this Agreement and ensures the entity
responsible for implementing/constructing the Project complies with all of the requirements,
obligations and restrictions included in this Agreement. Notwithstanding the foregoing, the City
does not waive its rights to receive just compensation. for any property that Caltrans may
determine to acquire in order to implement the Project.
Section Six: Warranties.
6.1 Each person whose signature is affixed to this Agreement in a
representative capacity represents and warrants that he or she is fully authorized to execute this
Agreement on behalf of, and to bind, the party on whose behalf his or her signature is affixed,
and that no other approvals or consents are necessary in connection therewith.
6.2 The Hunt Club, the City and Caltrans each represents and warrants that it
has carefully read this Agreement and knows and understands its contents. Each party hereto is
represented by legal counsel and has had the opportunity to consult with its counsel to fully
understand the terms of this Agreement.
6.3 The Hunt Club, the City and Caltrans each represents and warrants that it
enters into this Agreement of its own free will, and not under the influence of duress, coercion or
threat from any source.
6.4 The Hunt Club and the City warrant that they have made no assignment,
and will make no assignment, of any claim, cause of action, right of action, or any right of any
kind whatsoever that comprises or is included in any of Released Claims.
Section Seven: Miscellaneous Provisions.
7.1 No admission of liability. It is understood and agreed that in making this
Agreement, the Hunt Club, the City and Caltrans each acknowledge that the compromise reached
herein shall not be construed as an admission of liability or an admission of the sufficiency of
any of the claims, defenses, counterclaims or allegations in the Lawsuit; rather this Agreement is
a compromise of a dispute between the Hunt Club, the City and Caltrans.
7.2 Costs and Attorneys' Fees. Except as specifically provided herein, the
Hunt Club, the City and Caltrans shall each bear its own costs, expenses and attorneys' fees
related to the Lawsuit, the preparation and processing of this Agreement, and the application for
and processing of a judgment incorporating this Agreement as set forth in Section live above.
7.3 Integrated Agreement. This Agreement, and the judgment into which it
will be incorporated, constitutes a single integrated written instrument expressing the entire
1311026222-4002
1131246.7 07/07111 -g-
agreement of the Hunt Club, the City and Caltrans concerning the subject matter hereof. No
covenants, agreements, representations or warranties of any mind whatsoever have been made by
either the Hunt Club, the City or Caltrans, except as specifically set forth in this Agreement and
in the judgment into which this Agreement is incorporated. All prior and contemporaneous
discussions and negotiations with respect to the subject matter of this Agreement have been and
are merged and integrated into, and are superseded by, this Agreement and the judgment into
which it is incorporated.
7.4 Cooperation. The Hunt Club, the City and Caltrans each agree to timely
execute and deliver any and all documents and instruments necessary to effectuate the terms and
conditions of this Agreement.
7.5 Disputes. Should any dispute arise regarding the interpretation or
performance of any of the terms of this Agreement, or whether any term or condition of this
Agreement has been breached, the aggrieved party shall provide written notice to the other party
setting forth the nature of the dispute (the "Dispute Notice"). Within thirty (30) days of the date
of the Dispute Notice, the party receiving it shall provide a written response to the aggrieved
party; and, within fifteen (15) days after the date of the written. response, the Hunt Club, the City
and Caltrans shall meet and confer in good faith to resolve the dispute. No party shall file a
motion or other pleading with the Court to enforce the terms of this Agreement or the judgment
incorporating this Agreement until the process set forth in this Paragraph 7.5 is completed.
7.6 Construction Interpretation and Precedence. This Agreement shall be
interpreted under the laws of the State of California. The language of this Agreement shall be
construed as a whole, according to its fair meaning and intent, regardless of which party was
principally responsible for drafting any specific term or condition. It is acknowledged that
counsel for the Hunt Club, the City and Caltrans have all participated in the drafting of this
Agreement. The Agreement shall be deemed to have been drafted by the Hunt Club, the City
and Caltrans, and no party shall argue otherwise. In the event of a conflict between any
provision of this Agreement and any provision of the Project CEQA Clearance, the provisions of
this Agreement shall prevail.
7.7 Successors and Assigns. This Agreement shall bind and inure to the
benefit of the hunt Club, the City and Caltrans, and their respective successor and assigns.
7.8 Headings. All headings are for convenience of reference only, and shall
be disregarded when interpreting this Agreement.
7.9 Notices. Any payment, notice, request, demand, instruction or other
communication to be given to either party under this Agreement shall be in writing and
personally delivered by reputable overnight delivery service, or sent by first class United States
mail, postage prepaid and addressed as follows:
If to the Hunt Club: The Hunt Club Community Association
c/o Common Interests, Inc.
3551 Camino Mira Costa, Suite N
San Clemente, CA. 92672
131/426222-0002
1131246.7 x07/07111 �9
With a copy to: Joel D. Kuperberg
Rutan & Tucker, LLP
611 Anton Boulevard, Suite 1400
Costa Mesa, CA 92626
If to Caltrans: Department of Transportation District 12
3347 Michelson Drive, Ste. 100
Irvine, CA. 9261
Attn: District Director
With a copy to: Glenn. B. Mueller
Department of Transportation
Legal Division,
4050 Taylor Street, M.S.-130
San Diego, CA 92110
If to the City: City Manager
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan. Capistrano, CA 92675
With a copy to: Amy Minteer
Chatten-Brown and Carstens
2601 Ocean Park Blvd., Ste 205
Santa Monica, CA 90405
The addresses and contact persons for the purposes of this Paragraph 7.9 may be changed by
giving written notice of such change in the manner provided in this paragraph; provided that
such new address or contact person shall not become effective until first acknowledged by the
other party.
7.10 Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original, but all of which together shall constitute
one and the same instrument.
[signatures on following page]
131/026222-6002
1 131246.7 a07/07111 _ 1
IN WITNESS WHEREOF, the parties to this Agreement have executed this Agreement
as of the Execution Date, and this Agreement becomes effective as of the Effective Date.
Approved as to form:
By:
Attorney for The City of San
Juan Capistrano
Approved as to form:
Bv:
Attorney for State of California
Department Of Transportation
By:
Its:
tT CLUB COMMUNITY
.TION
C
ri
THE CITY OF SAN JUAN CAPISTRANO
By:
Its:
By:
Its:
STATE OF CALIFORNIA DEPARTMENT OF
TRANSPORTATION
By:
Its:
1311026222-0002
1131245.7 a07107111 -11-
IN WITNESS WHEREOF, the parties to this A67eement have executed this Agreement
as of the Execution Date, and this Agreement becomes effective as of the Effective Date.
Approved as to form:
By:
Attorney for The Hunt Club
Community Association
Approved as to fo an:
By:
Attor ,'- for The City of San
Juan Capistrano
Approved as to form:
THE HUNT CLUB COMMUNITY
ASSOCIATION
By:
T4—
By:
Its:
THE CITY OF SAN JUAN CAPISTRANO
By:
` n By:
Its:
STATE OF CALIFORNIA DEPARTMENT OF
TRANSPORTATION
By:
Attorney for State of California
Department Of Transportation By:
Its:
731/026,222-0002
1131246.7 a07107111 1 -
IN WITNESS WHEREOF, the parties to this Agreement have executed this Agreement
as of the Execution Date, and this Agreement becomes effective as of the Effective Date.
Approved as to form:
By:
Attorney for The Hunt Club
Community Association
THE HUNT CLUB COMMUNITY
ASSOCIATION
By:
Its:
By:
Its:
Approved as to form: THE CITY OF SAN JUAN CAPISTRANO
By:
Attorney for The City of San By:
Juan Capistrano Its:
By:
Its:
Approved astoform:) STATE OF CALIFORNIA DEPARTMENT OF
TRANSPORTATION
Attorney for State of California
Department Of Transportation By:' W- U
Its: W�1' 1 -a-1 1-7, D L'5 fF"rte fit' �.. _
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EXHIBIT B-2