Resolution Number 15-09-15-01 RESOLUTION NO. 15-09-15-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA APPROVING AMENDED AND RESTATED
SPECIAL 4(d) INTERIM HABITAT LOSS IMPLEMENTATION
AGREEMENT, ACCEPTING A SURETY BOND IN THE AMOUNT OF
$3,000,000 REQUIRED PER THE AGREEMENT, APPROVING
MODIFICATION TO CONDITIONS OF APPROVAL OF VESTING
TENTATIVE TRACT MAP (VTTM) 15609 (RESOLUTION NO. 03-09-16-06)
(PACIFICA SAN JUAN),AND APPROVING AN OPEN SPACE EASEMENT
AND A PUBLIC TRAIL EASEMENT ON LOT H OF FINAL TRACT MAP
16750 (ASSESSOR PARCEL NUMBER 675-421-18)
WHEREAS, the City Council of the City of San Juan Capistrano ("City"), on
September 16, 2003, approved Resolution No. 03-09-16-06 approving Vesting Tentative
Tract map(VTTM) 15609 for the development of 279 dwellings on the 165.5 acre portion of
the 259 acre Pacifica San Juan Site("Pacifica San Juan project")located at the terminus of
Valle Road, east of Interstate 5, subject to certain mitigation measures and conditions of
approval; and,
WHEREAS, in 2006, the City and the previous owner and developer of the Pacifica
San Juan project entered into a Special 4(d) Interim Habitat Loss Implementation
Agreement("Habitat Agreement")to ensure completion of the mitigation measures adopted
when the Pacifica San Juan project was approved; and,
WHEREAS, due to economic conditions and a downturn in the housing market,the
Pacifica San Juan project was never constructed and the previous owner/developer never
completed the habitat restoration project contemplated in the Habitat Agreement; and,
WHEREAS, Pacific Point Development Partners LLC, a Delaware limited liability
company is the current owner and developer ("Developer") of Pacifica San Juan project;
and,
WHEREAS, over the past year, City staff and the Developer have worked to identify
necessary modifications to the Habitat Agreement, and one condition of approval
pertaining to the Pacifica San Juan project to suit the current conditions of that project;
and,
WHEREAS, regarding the Habitat Agreement, the City and Developer propose to .
amend the agreement to include a new off-site restoration area of 33.2 acres within the
City's Northwest Open Space and propose for the City to accept a Surety Bond in the
amount of$3,000,000 as required per the Habitat Agreement; and,
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WHEREAS, regarding the Pacifica San Juan project's conditions of approval,
Section 1.6-8 of"Engineering & Building conditions of approval"of Vesting Tentative Tract
Map (VTTM) 15609 requires that "...Lot X" (Vista Point) [currently Lot H of Final Tract
Map 16750] shall be dedicated to the City of San Juan Capistrano in accordance with the
provisions of the Subdivision Map Act"; and,
WHEREAS, the Developer and City have agreed that the Developer shall retain
ownership of the Lot H (formerly Lot K of VTTM 15609)and record a perpetual open space
easement over Lot H and a perpetual public trail easement within Lot H; and,
WHEREAS, pursuant to Title 14, California Code of Regulations, Division 6, Chapter
3 ("State CEQA Guidelines"), section 15367, the City is lead agency for purposes of
amending the Habitat Agreement, accepting the Surety Bond, modifying the condition of
approval, and accepting the open space and trail easements(together,the"Project");and,
WHEREAS, the City has determined that the Project is categorically exempt from
environmental review under the California Environmental Quality Act("CEQA")pursuant to
a Class 8 categorical exemption(State CEQA Guidelines, § 15308),which provides actions
by regulatory agencies for protection of the environment; and,
WHEREAS, the City has determined that none of the exceptions to the categorical
exemption outlined in State CEQA Guidelines section 15300.2 apply to the project; and,
WHEREAS,the foregoing exemption is sufficient to independently exempt the whole
of the action from CEQA; and,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO HEREBY RESOLVES AS FOLLOWS:
Section 1. Recitals. The City Council hereby finds and determines that all of the
recitals set forth above are true and correct. The above recitals are hereby incorporated as
substantive findings of this Resolution.
Section 2. CEQA Findings. The City Council hereby finds that the Project is exempt
from review under CEQA pursuant to a Class 8 exemption for actions by regulatory
agencies for protection of the environment because, while it modifies the Habitat
Agreement and a condition of approval regarding dedication of a lot to the City, the Habitat
Agreement amendment and the condition of approval modification require the Developer
to: (1) establish an off-site restoration area of 33.2 acres and (2) record a perpetual open
space easement over the lot and a perpetual public trail easement within the lot. Ensuring
that the off-site restoration project will take place will benefit adjacent City-owned land as
part of the continuous effort to improve the North West Open Space for public and
environmental benefit. No construction activities or relaxation of standards that would
allow environmental degradation are proposed or will come to pass, due to the recorded
easements. No currently existing statutory protections are removed by the Project. Thus,
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the Project is an action that will maintain, enhance, and protect the environment within the
specific lot, and generally within the area and is therefore exempt under the Class 8
exemption. (State CEQA Guidelines, § 15308.) This ground is independently sufficient to
exempt the entire Project from CEQA.
The City Council further finds that none of the exceptions to the Class 8 categorical
exemption apply to the Project. (See State CEQA Guidelines, § 15300.2.) Specifically,the
cumulative impact of successive projects of this same type in the same place over time
would not produce a potentially significant impact. Successive projects would in contrast
continue to preserve additional lands in perpetuity and restore, conserve, and enhance City
property. Further, the Project will not result in damage to scenic resources within a scenic
highway. The Project preserves open space and trail access in perpetuity, and no
construction or alteration of any scenic resource will result from the Project. There are no
known hazardous waste sites on the Project site, and the Project proposes no change in
the significance of a historical resource. Therefore, none of the circumstances outlined in
State CEQA Guidelines, section 15300.2 apply. Thus, the Class 8 categorical exemption
outlined above remains applicable to the proposed Project.
Section 3. Habitat Agreement. The City Council does hereby approve the
Amended and Restated Special 4(d) Interim Habitat Loss Implementation Agreement,
attached hereto and incorporated herein as Exhibit A.
Section 4. Surety Bond. The City Council does hereby accept Pacific Point
Development Partners' Surety Bond in the amount of $3,000,000, attached hereto as
Exhibit B, to serve as security for the performance of the activities identified in the
Amended and Restated Special 4(d) Interim Habitat Loss Implementation Agreement.
Section 5. Modification of Condition of Approval 1.6-8. The City Council does
hereby make the following modification to the Section 1.6-8 of "Engineering & Building
conditions approval" of VTTM 15609 as follows:
1.6-8 Pacific Point Development Partners LLC or its successors and
assigns shall retain ownership of Lot H of Final Tract Map 16750
(formerly Lot K of Vesting Tentative Tract Map 15609) and shall
record an Open Space Easement on Lot H and a Public Trail
Easement within Lot H. The Developer/HOA shall be responsible of
maintenance of the trail.
Section 6. Open Space and Trail Easements. The City Council does hereby
approve the open space easement over Lot H of Final Tract Map 16750 and the trail
easement within Lot H of Final Tract Map 16750, as attached hereto and incorporated
herein as Exhibit C and Exhibit D.
Section 7. Notice of Exemption. Within five(5)working days after the passage and
adoption of this Resolution,the City Council hereby authorizes and directs staff to prepare,
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execute, and file with the Orange County Clerk a Notice of Exemption for the proposed
Project. �I
PASSED, APPROVED, AND ADOPTED this 15" day of September 2015.
DEREK REEVE, MAYOR
ATTE
.,
MARIA ORR , CITY CLERK
C
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing Resolution No. 15-09-15-01 was duly adopted by the City Council
of the City of San Juan Capistrano at the regular meeting thereof, held the 15th day of
September 2015, by the following vote:
AYE I COUNCIL MEMBERS: Allevato, Ferguson and Mayor Reeve
NOES: OUNC)L MEMBERS: None
ABSE T OUNCIL MEMBERS: Perry and Mayor pro tem Patterson
MART RIS, CI CLE
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EXHIBIT A
Recording requested by and
when recorded return to:
City of San Juan Capistrano
Attn: City Clerk
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
, City Clerk
City of San Juan Capistrano
Amended and Restated Special 4(d) Interim Habitat Loss
Implementation Agreement
Subject: Revised Special 4(d) Approval for the Pacific Point Project
THIS AGREEMENT is made this day of ,2015, between the CITY OF SAN
JUAN CAPISTRANO, a municipal corporation, State of California, hereinafter referred to as
"City"and Pacific Point Development Partners LLC, a Delaware limited liability company,
hereinafter referred to as"Pacific Point DP."
WIiEREAS, Pacific Point DP currently is the owner and developer of Pacifica San Juan,
an approximately 256-acre master planned community("Project") located in the City;and
WHEREAS, the Project was the subject of a Special 4(d) Rule Interim Habitat Loss
Mitigation Plan for Tentative Tract Map 14196 Pacific Point Project(a.lea. Pacifica San Juan),
County of Orange, issued by the U.S. Fish and Wildlife Service("USFWS")and the California
Department of Fish and Game(now known as the California Department of Fish and Wildlife)
("CDFW") (collectively, "Resource Agencies")on January 31, 1997 ("Special 4(d)
Approval"); and
WHEREAS, the Special 4(d) Approval required 2.6 acres of on-site coastal sage scrub
("CSS")preservation, 17.6 acres of on-site CSS restoration, and 22.6 acres of off-site exotic
vegetation control, for a total of 42.8 acres of land to be preserved,restored, or conserved; and
WHEREAS, the prior developer of the Project, SJD Partners, Ltd. ("SJD"), began
development of the Project in 1999, and concurrent with that development, SJD commenced
implementation of the Project's conditions of approval, including the on-site CSS restoration
requirements contained in the Special 4(d) Approval; and
WHEREAS, approximately 11.1 acres of the required 17.6 acres of on-site CSS
restoration arca were enhanced in 2006 and 2007 through preservation, planting of native
species,and removal of non-native species and trash; and
WHEREAS, SJD and the City entered into a Special 4(d) Interim Habitat Loss
Implementation Agreement in 2006("2006 Agreement")as a method of ensuring completion of 1
the Special 4(d)Approval, including the establishment of a trust account for long term
maintenance as required under the Special 4(d)Approval;and
WHEREAS,during its ownership of the Project site, SJD sold a portion of the 17.6-acre
arca identified for on-site restoration, leaving 9.6 acres within the 17.6-acre arca available for
restoration; and
WHEREAS, LV Pacific Point LLC took control of the Project site in 2012, and conferred
with the Resource Agencies regarding an amendment to the Special 4(d)Approval associated
with development of the Project; and
WHEREAS, the Resource Agencies issued a Revised Special 4(d)Rule Interim Habitat
Loss Permit for Tentative Tract 14196(Pacific Point Project aka Pacifica San Juan), Orange
County, California, on February 11, 2015 ("Revised Special 4(d) Approval"); and
WHEREAS, the Revised Special 4(d) Approval required LV Pacific Point LLC to
implement modified conservation measures, including the perpetual management,maintenance,
and monitoring of a total of 42.8 acres of mitigation arca,which would adequately address both
the on-site shortfall in conservation land and the off-site mitigation requirements; and
WHEREAS, Pacific Point DP acquired the Project site on May 19, 2015, and seeks to
develop the Project consistent with the requirements of the Revised Special 4(d)Approval; and n
WHEREAS, Pacific Point DP and the City have agreed to amend and restate the 2006
Agreement to insure completion of the requirements of the Revised Special 4(d)Approval and
that this Agreement will supersede the 2006 Agreement.
NOW THEREFORE, City and Pacific Point DP hereby agree as follows:
1. General Requirements
a. Mitigation Plans. Prior to the issuance of additional building permits(excluding
model home building permits and permits for Final Tract Map 14196 Lot 3)
within Final Tract Map 14196 and 16750, Pacific Point DP or its successors and
assigns(hereinafter,the"Developer")shall receive approval of the 2014 Revised
Special 4(d) Rule Interim Habitat Loss Mitigation Plan(On-Site) for Tentative
Tract Map 14196 Pacifica San Juan(a.k.a. Pacific Point) ("On-Site Mitigation
Plan")and the 2014 Revised Special 4(d) Rule Interim Habitat Loss Mitigation
Plan(Off-Site)for Tentative Tract Map 14196 Pacifica San Juan (a.k.a. Pacific
Point)("Off-Site Mitigation Plan")(collectively, "Mitigation Plans")from the
Resource Agencies and the City.
b. On-site Restoration Project. Developer shall complete installation of the on-site
restoration and conservation actions, including but not limited to the restoration
and conservation of approximately 9.6 acres of CSS located on the Project site
("On-site Restoration Project"), identified in the On-Site Mitigation Plan. The
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9.6 acres of CSS to be restored and conserved are identified as Lot H and Lot I on
Tract No. 16750 recorded on July 14,2006 as Instrument No. 2006000470733 in
Book 883,Page 1-10 M/M of the County of Orange,County Clerk-Recorder's
Office,and are further described in the On-Site Mitigation Plan("On-site
Restoration Area"). Developer shall retain ownership of both Lot H and Lot 1.
With regard to Lot H, Developer shall execute and allow the recording of a
perpetual open space easement over Lot H (the"Open Space Easement"). The
Open Space Easement shall be substantially in the form attached hereto as
Exhibit A. In addition, Developer shall execute and allow the recording of a
perpetual public trail easement within Lot H(the"Public Trail Easement"). The
Public Trail Easement shall be substantially in the form attached hereto as
Exhibit B. The right-of-way created by the Public'Trail Easement shall consist of
an approximately 10-foot-wide public trail, in substantial conformance with the
trail depicted on Schedule 1 to Exhibit B. To the extent the alignment, length or
width of the right-of-way require any modifications as a result of soil conditions
or other engineering constraints encountered during construction of the right-of-
way,the Developer shall seek approval, which shall not be unreasonably
withheld, from the City for such modifications and, if required, shall amend the
Public Trail Easement to reflect the modifications. The On-site Restoration Area
shall remain as permanent open space. All restoration and conservation activities
within the On-site Restoration Area shall be the responsibility of the Developer,
and all on-going management and monitoring of the On-site Restoration Area
shall be the obligation of a Resource Agencies-approved management entity in
accordance with a non-wasting endowment established by the Developer and a
conservation easement subject to enforcement by the grantee of the conservation
easement.
b. Off-site Restoration Project. Prior to the issuance of additional building permits
(excluding model home building permits and permits for Final Tract Map 14196
I.ot 3) within Final Tract Maps 14196 and 16750, Developer shall execute a
Restoration and Conservation Agreement ("RCA")with the Laguna Heights
Community Association("LHCA")which is the homeowners association for the
Laguna Heights Community, a residential community located in Laguna Niguel,
California. The RCA shall allow for utilization of at least 33.2 acres of LHCA-
owned open space lands ("Off-site Restoration Area") for Project-related off-
site restoration and conservation consistent with the Revised Special 4(d)
Approval ("Off-site Restoration Project"). Developer shall complete
installation of the off-site restoration and conservation actions identified in the
Off-Site Mitigation Plan. The Off-site Restoration Area shall remain as
permanent open space. All restoration and conservation activities within the Off-
site Restoration Area shall be the responsibility of the Developer,and all on-going
management and monitoring of the Off-site Restoration Area shall be the
obligation of a Resource Agencies-approved management entity in accordance
with a non-wasting endowment established by the Developer and a conservation
easement subject to enforcement by the grantee of the conservation easement. In
the event the Developer is unable to use those lands owned by the LHCA to
satisfy its obligations under the Revised Special 4(d) Approval, the Developer
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shall be solely responsible for identifying replacement lands in satisfaction of
those obligations.
C. Restoration and Conservation Costs. All restoration and conservation costs
associated with the On-site Restoration Project and the Off-site Restoration
Project until performance criteria established by the Resource Agencies are
achieved, as determined by the Resource Agencies, are the responsibility of
Developer,regardless of whether the On-site Restoration Area or the Off-site
Restoration Area are owned by the Developer.
d. Conservation Easements. Prior to issuance of building permits(excluding
model home permits and permits for Final Tract map 14196 Lot 3)within Final
Tract Maps 15609, 15687, 16747, 16751 and 16752, Developer shall record
conservation easements in a form approved by the Resource Agencies ensuring
the protection and maintenance of the 42.8 acres of the On-site Restoration Area
and Off-site Restoration Area as described in the Mitigation Plans as natural open
space in perpetuity ("Conservation Easements"). The Resource Agencies will
act as third-party beneficiaries to the Conservation Easements. In the event
Developer is unable to encumber the On-site Restoration Area and the Off-site
Restoration Area with in-perpetuity Conservation Easements,the Developer shall
be solely responsible for identifying replacement lands that will accept such
Conservations Easements. The long-term management, maintenance, monitoring
and reporting, and any other management activities required in the Mitigation
Plans for the On-site Restoration Area and the Off-site Restoration Area, j
respectively, shall be the responsibility of a third-party conservation
organization(s) selected by the Developer and approved by the Resource Agencies
("Management Entity(ies)"). The City agrees that the grantec(s) of the
Conservation Easements may also be the Management Entity(ies).
e. Endowment(s). Developer shall establish one or more non-wasting endowments
for the benefit of the On-site Restoration Area and the Off-site Restoration Area
to fund the Management Entity's(ies')performance of the activities required in
the On-Site Mitigation Plan and the Off-Site Mitigation Plan ("Endowments").
The establishment of the Endowments shall be based on a Property Analysis
Record("PAlt")prepared by the Management Entity(ies). All costs associated
with the On-site Restoration Project and the Off-site Restoration Project, the
establishment of the Endowments, and the establishment of the Conservation
Easements, as required by the Resource Agencies, shall be the responsibility of
the Developer. The perpetual management of the 42.8 acres of On-site
Restoration Area and the Off-site Restoration Area and the additional activities
funded by the $350,000 will be described in perpetual management plans that are
revised and approved by the Resource Agencies prior to establishing the non-
wasting endowment.
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2. Security
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a. Surety Bond. Pursuant to the Revised Special 4(d)Approval and further
communications between the Developer and CDFW, Developer shall, prior to
issuance of additional building permits(excluding model home building permits
and permits for Final Tract Map 14194 Lot 3) within Final Tract Maps 14196 and
16750,guarantee Developer's performance of this Agreement by providing a
surety bond naming the City as beneficiary in the amount of three(3)million
dollars to serve as security for the performance of the activities identified in the
On-Site Mitigation Plan and the Off-Site Mitigation Plan. As required by the
Revised Special 4(d)Approval, if the surety bond is established after 2015, it will
be adjusted for inflation using the consumer price index.
b. Revision to Surety Bond. The surety bond shall cover the cost of the activities
identified in the On-Site Mitigation Plan and the Off-Site Mitigation Plan. The
surety bond shall also serve to secure the Endowment established pursuant to
Section 1(c)of this Agreement. At such time as (i) the Developer executes
agreements with one or more contractors or consultants to perform the activities
identified in the On-Site Management Plan and the Off-Site Management Plan,
and (ii)the Management Entity(ies)completes the PAR, the Developer shall
provide a revised surety bond to the City that reflects (i)the costs to complete the
activities identified in the On-Site Mitigation Plan and the Off-Site Mitigation
Plan, as those costs are determined at that time, and(ii)the amount of the
Endowment plus$350,000 for additional restoration and conservation activities
benefitting open space within the City. Once the amount of the Endowment has
been calculated pursuant to Section 1(c), and that amount plus$350,000 for
additional restoration and conservation activities benefiting open space within the
City has been transferred to the Management Entity(ies), the amount of the surety
bond will be reduced accordingly.
C. Enforcement of Surety Bond Performance. The surety bond shall allow the
City to enforce surety bond performance at the request of the CDFW, if the
CDFW determines, in its sole discretion, that the Developer has failed to meet its
mitigation obligations under the Revised Special 4(d)Approval.
3. Time of Completion
The On-site Restoration Project and the Off-site Restoration Project shall be initiated no
later than December 1,2015, and continue until such time as the Resource Agencies
determine that the performance criteria established by the Resource Agencies have been
achieved pursuant to the Revised Special 4(d)Approval.
4. Force Majeure
Notwithstanding the provisions of Section 3. Time of Completion above,Developer's
I time for completion of the On-Site Mitigation Plan and the Off-Site Mitigation Plan shall
! be extended for the period of any enforced delay caused due to circumstances beyond the
5
control and without the fault of Developer,including to the extent applicable adverse r?
weather conditions, flood, earthquakes, strikes, lockouts,acts, or failures to act of a
public agency (including the City); provided, however, that the period of any enforced
delay hereunder shall not include any period longer than 30 days prior to City's receipt of
written notice from Developer detailing the grounds for Developer's claim to a right to
extend its time for performance hereunder.
5. Effective Date of Agreement
This Agreement shall become effective as of the date on which it is approved by the City
Council and this Agreement shall supersede the 2006 Agreement.
6. Term of Agreement/Final Reports
a. Developer shall cause to be prepared by a qualified biologist a report
documenting the installation of the On-site Restoration Project and the Off-site
Restoration Project. The final report shall be provided to the Resource Agencies
for review and approval. A copy of the report shall also be provided to the City.
b. This Agreement shall remain in full force and effect until otherwise mutually
terminated by the Parties in writing. The terms of this Agreement shall be
considered satisfied upon such time as the Resource Agencies determine that the
performance criteria established by the Resource Agencies have been achieved,
pursuant to the Revised Special 4(d)Approval. r--
7. Assignment
This Agreement shall be assignable by Developer with written notice to the City, which
notice shall be provided by the Developer to the City within 30 days prior to the effective
date of the assignment.
8. Miscellaneous Provisions
a. Governing Law. The Parties hereto acknowledge that this Agreement has been
negotiated and entered into in the State of California. Accordingly, the Parties
expressly agree that this Agreement shall be governed and enforced in accordance
with the State of California.
b. Time of Essence. The Parties agree that time is strictly of the essence with
respect to each and every term and condition and failure to timely perform any of
the terms, conditions,obligations or provisions hereof by either party shall
constitute a material breach of and default under this Agreement.
C. Entire Agreement. This Agreement is the final expression of,and contains the
entire agreement between the Parties with respect to the subject matter hereof and
supersedes all prior understandings with respect thereto. This Agreement may not
be modified, or terminated except by written instrument signed by the Parties.
I. !
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d. Attorney's Fees. If any action at law or in equity is necessary to enforce or
interpret the terms of the Agreement,the prevailing party shall be entitled to
reasonable attorney's fees, costs and necessary disbursements in addition to any
other relief to which he may be entitled.
IN WITNESS WHEREOF,two identical counterparts of this Agreement,each of which
shall for all purposes be deemed an original thereof, have been duly executed by the Developer
herein named on the_day of , 2015, the name and corporate seal of each corporate
party being affixed and these presents duly signed by its undersigned representative(s)pursuant
to authority of its governing body.
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PACIFIC POINT DEVELOPMENT PARTNERS LLC,
a Delaware limited liability company
By: Taylor Morrison Pacific Point Holdings, LLC
Its: Managing Member
By:
Name:
Title:
CITY OF SAN JUAN CAPISTRANO
By:
Name:
Title:
A'1TEST
Maria Morris, City Clerk
APPROVED AS TO FORM
Jeff Ballinger, City Attorney
(Signature Page to
Amended and Restated Special 4(d) Interim Habitat boss Implementation Agreement)
8
Exhibit A
Open Space Easement
9
RECORDING REQUESTED BY
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
AND WHEN RECORDED MAIL TO:
City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano,CA 92675
Lxempt from Recording Fees:
Gov. Code 27383
City of San Juan Capistrano
SPACE ABOVETI[IS LINE FOR RECORDER'S USE
DocumentaryTransfer Tax
NO TAX DUL-, RECORDING RP.QUES'IT3U PER
GOVERNMENT CODE SECTION 6103
APN: 675421-18
GRANT DEED—OPEN SPACE EASEMENT
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Pacific Point Development Partners LLC, a Delaware limited liability company ("Granter"),
grants to City of San Juan Capistrano, a California municipal corporation ("Grantee"), over,
under, and across all that real property situated in the City of San Juan Capistrano, County of
Orange, State of California more particularly described as
Lot H of Tract 16750, as per map recorded on July 14, 2006, as
Instrument No. 2006000470733 in Book 883, Pages 1 through 10,
inclusive, of Miscellaneous Maps of the County of Orange, County
Clerk-Recorder's Office("Lot H"),
a perpetual non-exclusive open-space easement for purposes of preserving and maintaining the
natural character of Lot 14, and Grantor relinquishes all rights to construct or permit the
construction of improvements and all rights to development (as defined by California Public
Resources Code Section 30106, which is incorporated herein by reference) within Lot H without
the approval of Grantee. Notwithstanding the foregoing, Grantor expressly reserves the right to
do the following on Lot H, to the extent consistent with the purposes of preserving and
maintaining the natural character of Lot H and subject to applicable governmental regulatory
0731$117082104v4 vs.7082104v2 1
requirements, including the Revised Special 4(d) Rule Interim Habitat Loss Mitigation Plan (On-
site) for Tentative Tract 14196:
a) the removal of hazardous substances or conditions or diseased plants or trees;
b) the removal of non-native vegetation;
c) the planting of native vegetation, including a temporary irrigation system therefor;
d) the installation, repair, maintenance, and replacement of(i)a trail and associated
facilities (including, by way of example and not limitation, benches, trash
receptacles, or lighting), (ii) fences and retaining and other walls, (iii)surface and
underground drainage and utility facilities, and (iv)directional, educational, and
interpretive signage, all as heretofore or hereafter approved by Grantee;
e) use of and activities on Lot H as permitted by the terms of the Conservation
Easement recorded concurrently herewith against Lot H (the "Conservation
Easement"); and
f) use of and activities on Lot H as permitted by the terms of the Grant Deed —
Public Trail Easement recorded concurrently herewith against Lot 11 (the"Public
Trail Easement').
In the event of a conflict between any of the provisions of the Conservation Easement
and the provisions this Grant Deed — Open Space Casement, the provisions of the Conservation
Easement control. Likewise, in the event of a conflict between any of the provisions of the
Public Trail Easement and the provisions this Grant Deed — Open Space Easement, the
provisions of the Public Trail Easement control.
In clarification of the foregoing provisions of this Grant Deed — Open Space Easement,
nothing herein prohibits the construction of either public-service facilities installed for the
benefit of Lot H or public-service facilities installed with the authorization of the City and such
other applicable public agencies with jurisdiction over Lot H (including without limitation the
California Public Utilities Commission).
Any notice or other communications made according to this Grant Deed — Open Space
Easement must be in writing and delivered personally or mailed by certified mail to the parties
addressed as follows:
To Grantor: To Grantee:
Pacific Point Development Partners LLC City of San Juan Capistrano
c/o'Taylor Morrison Attn: City Clerk
Attn: President, Southern California Division 32400 Paseo Adelanto
100 Spectrum Center Drive, Suite 1450 San Juan Capistrano,CA 92675
Irvine, CA 92618
[Signature Page Follows]
073181\70821040 vs.7082104v2 2
IN WITNESS WHEREOF, Grantor has executed this Grant Deed on the day and year
hereafter written.
Dated: "GRANTOR"
Pacific Point Development Partners LLC,
a Delaware limited liability company
By: Taylor Morrison Pacific Point
Holdings, LLC
Its: Managing Member
By:
Print Name:
Print Title:
Dated: "GRANTEE"
CITY OF SAN JUAN CAPISTRANO,
a California municipal corporation
By:
Name:
Attest
City Clerk
APPROVED AS TO FORM
City Attorney
073181\7082104v4 vs.70821042 Signature Page
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document, to which
this certificate is attached, and not the
truthfulness.accuracy, or validity of that
document.
STATE OF )
ss:
COUNTY OF )
On ,2015 before me,
(insert name and title of the officer),
personally appeared , who proved to me
on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or
the entity upon behalf of which the person(s)acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature:
[Seal]
u
073181%7082104v4 vs.70821042
Exhibit B
Public Trail Easement
10
1
t RECORDING REQUESTED BY
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
AND WHEN RECORDED MAIL TO:
City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Exempt from Recording Tees:
Gov. Code 27383
City of San Juan Capistrano
SPACE ABOVE.THIS LINE FOR RECORDER'S USE
DocumentaryTransfer Tax
NO TAX DUCT; RECORDING REQUESTED PER
GOVERNMENT CODE SECTION 6103
APN: 675-421-18
GRANT DEED—PUBLIC TRAIL EASEMENT
1. Grant of Public Trail Casement. FOR A VALUABLE CONSIDERATION,
receipt of which is hereby acknowledged, Pacific Point Development Partners LLC, a Delaware
limited liability company ("Grantor"), hereby grants to City of San Juan Capistrano, a
California municipal corporation ("Grantee"), over, under, and across a portion of that real
property situated in the City of San Juan Capistrano, County of Orange, State of California more
particularly described as
Lot H of tract 16750, as per map recorded on July 14, 2006 as
Instrument No. 2006000470733 in Book 883, Pages 1 through 10,
inclusive, of Miscellaneous Maps of the County of Orange, County
Clerk-Recorder's Office ("Lot H"),
a perpetual non-exclusive 10-foot wide recreational public-access easement (the "Public Trail
Easement") for equestrian, pedestrian, and off-road bicycle access for the general public over a
recreational trail (the "Public Trail") to be constructed by Grantor at its cost according to the
provisions of that certain Revised Special 4(D) Rule Interim Habitat Loss Mitigation Plan (On-
site) for Tentative Tract Map 14196; the public-access easement includes the right to install,
repair, maintain, and replace associated facilities, which associated facilities include, by way of
07318(170837090 vs.70837090 1
example and not limitation, (i) benches, trash receptacles, and lighting, (ii) fences and retaining f
and other walls, (iii) surface and underground drainage and utility facilities, and (iv)directional,
educational, and interpretive signage; and the public-access easement is in the location generally
depicted on Schedule "1" attached hereto (the "Public Trail Easement Area"). In the event of
a conflict between the as-built location of the Public Trail, as approved by Grantee, and
Schedule "1", the as-built conditions control. Grantee is not required to accept the Public Trail
Easement until the Public Trail improvements are completed by Grantor to the reasonable
satisfaction of Grantee.
2. Maintenance: Controlling Documents. Reference is hereby made to that certain
Conservation Easement (the "Conservation Easement") and that certain Grant Deed - Open
Space Easement (the "Open Space Easement"), both of which are recorded against Lot H
concurrently with this Grant Deed — Public Trail Easement. Lot H, including the Public Trail,
shall be maintained in accordance with the provisions of the Conservation Easement, and in the
event of a conflict between the provisions of the Conservation Easement and the provisions of
Us Grant Deed—Public Trail Easement(the "Public Trail Easement Deed"), the provisions of
the Conservation Easement control. In the event of a conflict between the provisions of the
Open Space Easement and this Public Trail Easement Deed, the provisions of this Public Trail
Easement Deed control.
3. Liability. Grantor and Grantee are entitled to all immunities, limitations on
liability, and rights of recovery that are available under applicable law to public and private
entities (including, but not limited to California Civil Code Sections 846 and 846.1, California
Public Resources Code Section 5075.4, California Government Code Section 831.4 and other
provisions of California's Torts Claim Act)with respect to recreational trails and the public's use
of such trails and the private or public property adjacent to them. Notwithstanding the foregoing,
Grantee agrees to save, defend, and hold Grantor harmless from any claim or liability arising out
of the public's use of the Public 'frail, except for injuries caused by the willful or malicious
conduct of Grantor or Grantor's agents and independent contractors. Nothing in this Section 3 is
intended to modify or otherwise alter the application of relevant governmental or private
landowner immunities.
4. Successors in Interest. This Public 'frail Easement Deed benefits and binds
Grantor's heirs, successors, administrator, executors, and assignees.
5. Notices. Any notice or other communication made according to this Public Trail
Easement Deed must be in writing and delivered personally or mailed by certified mail to the
parties addressed as follows:
To Grantor: To Grantee:
Pacific Point Development Partners LLC City of San Juan Capistrano
c/o Taylor Morrison Attn: City Clerk
Attn: President, Southern California Division 32400 Paseo Adelanto
100 Spectrum Center Drive, Suite 1450 San Juan Capistrano, CA 92675
R
07318 170 83 7 09x5 vs.70837090 2
Irvine,CA 92618
6. Entire Agreement. This agreement contains the entire agreement between the
parties. Any oral representations or modifications concerning this agreement are of no force or
effect except for a subsequent modification in writing, signed by the parties.
7. Counterparts. This agreement may be executed in one or more counterparts, each
of which shall be deemed an original, and all of which together shall constitute one and the same
instrument.
[Signature Page Follows]
i
07318117083709v5 vs.70837090 3
IN WITNESS WHEREOF,the parties hereof have executed this agreement as of the
dates set forth with their respective signatures below.
"GRANTOR" "GRANTEE"
PACIFIC POINT DEVELOPMENT CITY OF SAN JUAN CAPISTRANO,
PARTNERS LLC, a California municipal corporation
' a Delaware limited liability company
By: 'Taylor Morrison Pacific Point By:
Holdings,LLC
Its: Managing Member Name:
13y: Date:
Name:
Its:
Date:
Attest:
City Clerk
APPROVED AS TO FORM
City Attorney
07319117083709v5 vs.7083709v3 Signature Page
i
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verities only the identity of the
Individual who signed the document, to which
this certificate is attached, and not the
truthtilhiess.accuracy, or validity of that
document.
STATE OF )
ss:
COUNTY OF }
On ,2015 before me,
(insert name and title of the officer),
personally appeared ,who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or
the entity upon behalf of which the person(s)acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature:
[Seal]
073181%7083709v5 vs.70837090
Schedule"I"
Public Trail Easement Area
I I
073181\7083709,5 v,.70837W,3 SchWule 1
i
/ 7
/ or
/ Lot H
l
1 ' _ PaseoArmonia��
m � '
EXHIBIT B
SUBDIVISION FAITHFUL PERFORMANCE BOND
(GOVERNMENT CODE 66499.2) .
Bond No. SUI 133499
KNOW ALL MEN BY THESE PRESENTS, that Pacific Point Development
Partners. LLC (hereafter designated as "Principal"), and Arch Insurance Company.
as Surety (hereinafter called "Surety") agree to install and complete certain designated
public improvements as conditioned by City Council Resolution No's. 92-6-16-4 and 03-
09-16-06.
WHEREAS, said Principal is required to furnish a bond pursuant to Municipal
Code Section 9-5.101 and 9-5.109 et seq., for the faithful performance to guarantee
certain work, more particularly described as follows:
Pacifica San Juan—4(d) Conservation measures for Tentative Tract 14196 (Tracts
14196 and 16750) including obligations of Principal under the Interim Habitat
Loss Permit consistent with Interim Habitat Loss Implementation Agreement with
City
WHEREAS, the California Department of Fish and Wildlife ("Department') and
U.S. Fish and Wildlife Service ("Service") issued a revised 4(d) interim habitat loss
permit concurrence letter to the City of San Juan Capistrano for the Pacific Point Project
dated February 11, 2015. The City of San Juan Capistrano ("Obligee") will consider
Department's request that the Obligee make a demand of the bond upon the
Department's determination that Principal has failed to meet its mitigation obligations
under the Habitat Loss Permit.
NOW, THEREFORE, we, the Principal and Surety are held firmly bound unto the
City of San Juan Capistrano, (hereafter called "Obligee") in the penal sum of Three
Million and 001100 Dollars, ($3.000,000.00) lawful money of the United States, for the
payment of which sum well and truly to be made, we bind ourselves, our heirs,
successors, executors and administrators, jointly and severally, firmly by these
presents.
Page 1 of 3
NOW, THEREFORE, the condition of this obligation is such that, if Principal shall
promptly and faithfully perform said improvement obligations within the fully executed
and recorded subdivision improvement agreement, then the obligation shall be null and
void; otherwise it shall remain in full force and effect.
BE IT FURTHER RESOLVED:
1. As a part of the obligation secured hereby, and in addition to the face
amount specified, there shall be included costs and reasonable expenses and fees,
including reasonable attorney's fees, incurred by City in successfully enforcing such
obligation, all to be taxed as costs and included in any judgment rendered.
2. Said Principal, for value received, hereby stipulates and agrees that no
change, extension of time, alteration, or modification of the contract documents or of the
work to be performed thereunder, shall in any way affect its obligations or this bond, and
it does hereby waive notice of any such change, extension of time, alteration, or
modification of the contract documents or of work to be performed thereunder.
I ! IN WITNESS WHEREOF, this instrument has been duly executed by the
I i
�-' Principal herein named on the 7 ' day of July, 2015, the name and corporate seal of
each corporate party being hereto affixed and these presents duly signed by its
undersigned representatives pursuant to authority of its governing body.
PRINCIPAL:
Pacific Point Development Partners, LLC,
a Delaware limited liability company (NOTARIZATION AND SEAL)
By: Taylor NIorrison Pacific Point Holdings, LLC
Its Managin ember
By: I
Its:
SURETY:
Arch Insurance Company
By: A�1� (NOTARIZATION AND SEAL)
Marg et A. Ginem, Attorney-in-Fact
U
oro WILLIS OF FI,OI1IDA Page 2 of 3
4211 w Boy SCOUT BLVD,#10M
•TAMPA, FL 33807
INQUIRIES:(813)281-2095
r
1
APPROVED AS TO FORM:
By:
NOTE: Please attach Acknowledgement and Power of Attorney
I {
Page 3 of 3
Senate Bill 1050, amends Sections 1189 and 1195 of the Civil Code and Section 8202 of the
Government Code, relating to notaries public. The below physical format of the new disclosure
notice is an example,for purposes of illustration.
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached,and not the truthfulness,
accuracy,or validity of that document.
State of California
Countyof. Qr0.nli&
L On Al {�Us� 7 2015 before me, _ 1Tv SSenn R9t��tr ae)ONbli[ _(here
insmtnamesndtitleofoffmr),permnallynppeam( pw,lin S 1 0 elY, who
proved to me on the basis of satisfactory evidence to be the person(s)whose Camels) is/are subscribed to
the within instrument and aclmowlcdged to me that he/shehhey executed the same in his/her/their
authorized capacity(ics), and that by his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the persons)acted, executed the instrument.
I certify under PENALTY OF PERJURY under die laws or the Slate of California that the foregoing
paragraph is true and correct
WITNESS myhand1and official seal.
Signature (Seal)
ASHLEY JF,1N MOEITER
ASHLE JEAN 2119903
•.
Notary Public-California
3 Orange County
M Comm.Enfies Jun 23.2019
ACKNOWLEDGEMENT BY SURETY
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH I SS.
On this 7t' day of July, 2015 before me, personally came
Margaret A. Ginem, who is personally known to me (or proved
to me on the basis of satisfactory evidence) to be the person
who executed the within Instrument as Attorney-In-Fact on
behalf of Arch Insurance Company, and acknowledged to me
that he/she executed the within instrument on behalf of said
surety company and was duly authorized to do.
In witness whereof, I have signed and affixed my official seal on
the date in this certificate first above written.
I
i
Signature ItCO ALL 412"'.-t, --�
M rianella Barnola
1'
• ;+, MARMELLA BARt40 A
Commission#EE 170165
'e b' :•:
;•; �;' Expires May 5,2016
rdwww..�..........s.
This area for Oficial Notarial Seal
AIC 0000155804
THIS POWER OFATTORNEY IS NOT VALiD UNLESS ITIS PRINTED ON BLUE BACKGROUND.
This:PovfflZ Worney limits the acts of those named herein,and they have nQui 1Rrlty to bind the Company etteff16 fhe
1�p "!it 1nW&-1irfli8to'the extent herein stated. Not valid for Mortgage, Note,Lodg,Letter of Credit, Bank Deposlt,.tPmncy Rate,
"�rifferest Rate or Residential Value Guarantees.
OF ATTORNEY
KnowA.11 Persons By These Presents: .
That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having Its principal
administrative office In Jersey City,New Jersey(hereinafter referred to as the"Company")does hereby appoint:
,tail Cardinale.Brandy Balch,David H.Carr,Elteen C.Heard and Margaret A.Ginem of Tampa,FL(EACH)
Its true and lawful Attomey(s)in•Fact,to make,execute,seal,and deliver from the date of issuance of this power for and on its behalf as
surety,and as its act and deed:
..
Any 8911 bonds,undertakings,rean{agrces and aq surety obligations,In the penal sum not exceeding
Ninety:Mlltlon Dpltsrs(S90.000.000:00): ;
Ttils authority does not permit the same obligation to be split Into two or more bonds In order to bring each such bond within the dollar
limit of authority as set forth herein.
The execution of such bonds, undertakings, recognizences and other surety obligations in pursuance of these presents shall be as
bindinq upon the said Company as fully and amply to all Intents and purposes, as If the some had been duly executed and
aled�t;kn'oW
ed`byIts regularly elected officers at its principal administrative office In Jersey City,New Jersey.
This Power of Attorney Is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company
on September 18, 2011, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned
Secretary as tieing In full force and effect:
WPB.That'tl*-Chalrmsn of the Boa&9tflWrI%]dAnt,�er the Executive Vice President,or any Senior Vice President,of the Surety
B!lt;inoss DM%Iolf,`or their appoi%es deslgnsted'In.wdrEb and filed with the Secretary,or the Secretary shall hays;the power and
authority to appoint agents and attorneys-in-fact,and to authorize them subject to the limitations set forth in their respective powers of
attorney,to execute on behalf of the Company,and stlach the seal of the Company thereto,bonds,undertakings,recognizonces and
other surety obligations obligatory in the nature thereof,and any such officers of the Company may appoint agents for acceptance of
process"..
This Power of Attorney is signed,seated and certified by facsimile undeMrgWouthority of thtNfollowing resoiigbn adapted by the
unenimdus consent of the Board of Directors of the Company on Septembdr(&,,.2011:
VOTED,That the signature of the Chairman of the Board,the President,or the Executive Vice President,or any Senior Vice President,
of the Surely Business Division, or their appointees designated In writing and filed with the Secretary. and the signature of the
Secretary.the seal of the Company,and certifications by the Secretory,may be affixed by facsimile on any power of attorney or bond
executed'pursuant to the resolution adopted by the Board of Directors on September 15, 2011,and any such power so executed,
sealed and certified with respect to,any bond orundertaking to which it Is attached,shall continue to be valid and binding upon the
Company.
i
00ML0013 00 03 03 Page 1 of 2 Printed in U.S.A.
AIC 0000155804
In Testimony Whereof,the Company has caused this Instrument to be signed and Its corporate seal to be affixed by their authorized
officers,this Y=°day of,tune,2011.
Attested and Certified Arch Insurance Company
�gvrall"
Cb
,c u,�►,t 3 �'I�f' __
Patrick K.Nails,Secretary DavidM. r r stein.Executive Vice President
STATE OF PENNSYLVANIA SS M�10Yt)
COUNTY OF PHILADELPHIA SS
I, Melon Szefran, a Notary Public,do hereby certify that Patrick K. Nails and David M. Finkelstein personally known to me to be the
some persons whose names are respectivoly as Secretary and Executive Vice President of the Arch Insurance Company, a
Corporation organized and existing under the laws of the State of Missouri,subscribed to the foregoing Instrument,appeared before me
this day In person and severally ocknowledgod that they being thereunto duly outhorizod signod,seated with the corporate seal and
delivered the said instrument as the free and voluntary act or said corporation and as their own(roe and voluntary acts for the uses and
purposes therein set forth. o t OTARvwruw
IfEIENHzVRRA�N,"N*
CIIy of t Ra- 1150,PMe.O
f CdtbtrselmtE sOclaber3, t7
elon Szafran,N6tary F06badf
My commission expires 10/03/2017
CERTIFICATION
I,Patrick K.Nails,Secretary of the Arch Insurance Company,do hereby certify that the attached Power of Attorney dated June 2.2015
on behalf of the person(s)as listed above Is a true and correct copy and that the same has been in full force and effect since the date
thereof and Is In full force and effect on the date of this oortificale; and I do further certify that the said David M. Finkelstein, who
executed the Power of Attorney as Executive Vice President,was on the date of execution of the ottachod Power of Attorney the duly
elected Executive Vice President of the Arch Insurance Company.
INT I ONY WH
E OF,shave heroy�Sr�io subscribed my name and affixed the corporate seal of the Arch insurance Company on
this E�day of �,20[x_.
I,. /.a er'/w
Patrick K.Nails,Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and;they have
no authority to bind the Company except in the manner and to the extent herein stated.
:,.-
PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS:
Arch Insurance—Surety Division lance
3 Parkway,Suite 1500 V ti:+c
Philadelphia,PA 19102
wRrc�tt �4
v 'M
wn
1ts:dttd
OOMLOO13 00 03 03 Page 2 of 2 Printed in U.S.A.
SUBDIVISION LABOR AND MATERIAL BOND
(GOVERNMENT CODE 66499.2)
Bond No. SU1133499
KNOW ALL MEN BY THESE PRESENTS, that Pacific Point Development
Partners. LLC (hereafter designated as "Principal"), and Arch Insurance Company,
as Surety (hereinafter called "Surety") agree to install and complete certain designated
public improvements as conditioned by City Council Resolution No's. 92-6-16-4 and 03-
09-16-06.
WHEREAS, said Principal is required to furnish a bond pursuant to Municipal
Code Section 9-5.101 and 9-5.109 et seq., for the faithful performance to guarantee
certain work, more particularly described as follows:
Pacifica San Juan—4(d) Conservation measures for Tentative Tract 14196 (Tracts
14196 and 167501 including oblioadons of Principal under the Interim Habitat
Loss Permit consistent with Interim Habitat Loss Implementation Agreement with
City
NOW, THEREFORE, we the Principal and Surety are held firmly bound unto the
City of San Juan Capistrano, (hereafter called "Obligee") in the penal sum of Three
Million and 001100 Dollars ($3.000.000.00) lawful money of the United States, for the
payment of which sum well and truly to be made, we bind ourselves, our heirs,
successors, executors and administrators, jointly and severally, firmly by these
presents.
WHEREAS, the California Department of Fish and Wildlife ("Department") and
U.S. Fish and Wildlife Service ("Service") issued a revised 4(d) interim habitat loss
permit concurrence letter to the City of San Juan Capistrano for the Pacific Point Project
dated February 11, 2015. The City of San Juan Capistrano ("Obligee') will consider
Department's request that the Obligee make a demand of the bond upon the
Department's determination that Principal has failed to meet its mitigation obligations
under the Habitat Loss Permit.
NOW, THEREFORE, the condition of this obligation is such that if the above
i bound Principal, his or its heirs, executors, administrators, successors or assigns, shat
in all things stand to and abide by and well and truly keep and perform the covenants,
Page 1 of 3
conditions and provisions per City Council Resolution No's. 92-6-16-04 and 03-09-16-
06, on his or their part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to their true intent and meaning, and shall
indemnify and save harmless the City, its offers, agents and employees as therein
stipulated, and, as necessary enter into a Subdivision Agreement, then this obligation
shall become null and void; otherwise it shall be and remain in full force and effect.
BE IT FURTHER RESOLVED:
1. As a part of the obligation secured hereby, and in addition to the face
amount specified therefore, there shall be included costs and reasonable expenses and
fees, including reasonable attorney's fees, incurred by City in successfully enforcing
such obligation, all to be taxed as costs and included in any judgment rendered.
2. Said Principal hereby stipulates and agreekthat no change, extension of
time, alteration, or modification of the terms of the agreement or of the work to be
performed thereunder, shall in any way affect its obligations or this bond, and it does
hereby waive notice of any such change, extension of time, alteration or modification of
the terms of the agreement or of the work or to the specifications. f
IN WITNESS WHEREOF, this instrument has been duly executed by the
Principal herein named on the 7th day of July, 2015, the name and corporate seal of
each corporate party being hereto affixed and these presents duly signed by its
undersigned representatives pursuant to authority of its governing body.
PRINCIPAL:
Pacific Point Development Partners, LLC,
a Delaware limited liability company (NOTARIZATION AND SEAL)
By:Taylor Morrison Pacific Point Holdings, LLC
its Managln ember
By: S
Its: V:Lk- e+s',1.ey�aC
SURETY:
Arch Insurance Company
By. ������ ,��nv (NOTARIZATION AND SEAL)
Marga r A. Ginem, Attomey-in-Fact
C/O VVILLIS OF FLORIDA
4211 W.BOY SCOUTBLVD,#I= Page 2 Of 3
TAMPA. FL 33807 g
INQUIRIES-(813)281-2085
J
{
APPROVED AS TO FORM:
By: vv
NOTE: Please attach Acknowledgement and Power of Attorney
Page 3 of 3
Senate Bill 1050, amends Sections 1189 and 1195 of the Civil Code and Section 8202 of the
Government Code, relating to notaries public. The below physical format of the new disclosure
notice is an example, for purposes of illustration.
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached,and not the truthfulness,
accuracy,or validity of that document.
State of California
County of—Ik n
ons 2-015 before kotl) tr. �)olary Rvbl{c, (here
insert a me and title ofoflicer),personally appeared_hlh I P 5 Rrdrwh who
proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) islam subscribed to
the within instrument and acknowledged to me that he/shellhcy executed the same in his/her/their
authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s)acted,execated the instrument.
1 certify under PENALTY OF PERJURY under the laws of the Stah: of California that the foregoing
paragraph is true and correct
WITNESS my hand and official seal.
Signature_ (Seal)
ASHLEY JEAN MOELTEa
ednlnhlllon 0 2118903
110WY nge county nlr
Grupe Jun
A Comm,Er IwsJun23.2af9�
ACKNOWLEDGEMENT BY SURETY
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH I SS.
On this 7t" day of July, 2015 before me, personally came
Margaret A. Ginem, who is personally known to me (or proved
to me on the basis of satisfactory evidence) to be the person
who executed the within Instrument as Attorney-in-Fact on
behalf of Arch Insurance Company, and acknowledged to me
that he/she executed the within instrument on behalf of said
surety company and was duly authorized to do.
In witness whereof, I have signed and affixed my official seal on
the date in this certificate first above written.
Signature
M rianella Barnola
Rd r -, MIANELLA~' . NOLA
Com"i'l EE 1
#7016
Expires May 6,2016
�G,�:lj'}r BordJTMuTnlFonfnWi�0045BiT010
This areafor Oficial Notarial Seal
AIC 0000165805 ;
THIS POWER OPATTORNEYIS NOT VALID UNLESS ITIS PRINTED ON BLUE BACKGROUND. t
This Pow+iii,,t'•dJmorney limits the acts of those named herein,and they have no authority to bind the Company except In the
manner and to the extent herein stated. Not valid for Mortgage,Note,Loan, Letter of Credit,Bank Deposit; Currency Rate,
rlTereat Rate or Residential Value Guarantees.
POWER OF ATTORNEY
Il pwwl Pamon"ay These PresAs:
That the Arch Insurance Company,a corporation organized and existing under the laws of the State of Missouri, having its principal
administrative office in Jersey City,New Jersey(hereinafter referred to as the"Company")does hereby appoint:
lett Cardinale,Brandy Balch,David H.Carr,Eileen C.Heard and Margaret X.Ginem of Tampa,Ft. j
Its true and lawful Attomey(s)In-Fact,to make,execute,seal,and deliver from the date of issuance of this power for and on its behalf as
surety,and as its act and deed:
Any and ell bg&undertakings,rem a(ocea"and other surety obligations,in the penal sum not exceeding
Ninety Minion OSArs($90.Q COD.O
This authority does not permit the saifid 0getion to be split Into two or more bonds In order to bring each such boMWIFin the dollar
limit of authority as set forth herein.
The qe toW such bonds, undertakings, recognizances and other surety obilgatto
.OLLn p=yence of these presents shelf aso
d S qqM said Company as fully and amply to all intents and puipM t _tt@*&me had been duly-drAcdW ohd
aoknowiedged by its regularly elected officers at its principal administrative ofti'ctt In Jersey City,New Jersey.
This Power of Attorney is executed by authority of resolutions adopted by unanImcus consent of the Board of Directors of the Company
on September 16, 2011, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned
Secretary as being In full force and effect:
"CIOTED.Jhat.the.Cheirman of the Board,the President,Or the Executive Vice President,or any Senior vice President,VMK6..Surety
Business Div}ston, or(heir appotntees'd9gignotod in writing and filed with the Secretary, or the Secretary shall'fjfe thp:,'pdwer and•
authority to appoint agents and attomeys-in•fact,and to authorize them subject to the limitations set forth in their respective powers of
attorney,to execute on behalf of the Company, and attach the seal of the Company thereto,bonds,undertakings,recognizences and
other surety obligations obligatory In the nature thereof,and any such officers of the Company may appoint agents for acceptance of
I3L4cembs
Power cf'Aftmey Is signed,sealed and certified by facsimile under and'by authority of lhe'ikilowing resolq&n adopted by the
Offinimous consent of the Board of Directors of the Company on September 15-,'20,M: — .�
VOTED,That the signature of the Chairman of the Board,the President,or the Executive Vice President,or any Senior Vice President,
of thesSurety_41yaine3s Division, or their appoinleasAgsignated in writing and filed with the Secretary, and the signature.of theme,
Wipretary,the seal of the CompaQXaMdN�rIIf10b1lbn9 by the Secretary,may be affixed by facsimile on any poworAgotdMoX '�bond
�Ew— uteri pursuAMto the resoluff a'dopte +J§' o r of Directors on September 16, 2011, and any such p6yVl 9 4Rculdd,
eMlea%M—berlified with respect to any i$rtdVr untl1rtaking to which It is attached, shall continue to be valid and bliddtft upthrji-
Company.
f
OOML0013 00 03 03 Page 1 of 2 Printed in U.S.A. j
AIC 0000155805
In Testimony Whereof,the Company has caused this instrument to be signed and Its corporate seat to be affixed by their authorized
officers,this 22 day of June,2011 .
Attested and Certified Arch Insurance Company
anae
0
W ye �O
srec �Executive
Patrick K.Naffs,Secretary DavidM.F MM stoln, Vice resident
STATE OF PENNSYLVANIA SS r�fWfF j
COUNTY OF PHILADELPHIA SS
I, Helen Szafran, a Notary Public, do hereby certify that Patrick K Nails and David M. Finkelstein personally known to me to be the
same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a
Corporation organized and existing under the laws of the State of Missouri,subscribed to the foregoing Instrument,appeared before me
this day In person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and
delivered the sold Instrument as the free and voluntary act of sold corporation and as their own free and voluntary acts for the uses and
purposes therein set forth. cc
1 1• Y�.VJWrA
NOTARIALSEAL
HELEN VAFRAN,Notary AA%
CilyafMadolphla, th.Oattnntt��++
Galsrgsisn esOcmt:er3.2017 ,ten,/
elan Szafran,N lary ubtf
My commission expires 10103/2017
CERTIFICATION
I,Patrick K.Nails,Secretary of the Arch Insurance Company,do hereby certify that the attached Power of Attorney dated June 2.2015
on behalf of the person(s)as listed above Is a true and correct copy and that the same has been In full force and effect since the date
thereof and is in full force and effect on the date of this certificate; and i do further certify that the said David M. Finkelstein, who
executed the Power of Attorney as Executive Vice President,was on tho date of execution of the attached Power of Attorney the duly
elected Executive Vice President of the Arch Insurance Company.
IN TONY WHE OF I have hereunjo subscribed my name and affixed the corporate seal of the Arch Insurance Company on
this day of [ 14 .20 `5
,{
Patrick K Nails,Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have
no authority to bind the Company except in the manner and to the extent herein stated.
PLEASE SENO ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS;
Arch Insurance—Surety Division �a1106
3 Parkway,Suite 1500 V CO
Philadelphia,PA 19102
UJOLVATt
SIAL
1471 i
i
Mts�ottfi
OOMLOO13 00 03 03 Page 2 of 2 Printed In USA
EXHIBIT C
RECORDING REQUESTED BY
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
AND WHEN RECORDED MAIL TO:
City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Exempt from Recording Fees:
Gov. Cade 27383
City of San Juan Capistrano
SPACE ABOVE THIS LINE FOR RE'CORDER'S USE:
Dommcntary Transfer Tax
NO TAX DUE; RECORDING REQUESTED PER
GOVERNMENT CODE SECTION 6103
APN: 675-421-18
GRANT DEED—OPEN SPACE EASEMENT
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Pacific Point Development Partners LLC, a Delaware limited liability company ("Grantor"),
grants to City of San Juan Capistrano, a California municipal corporation ("Grantee"), over,
under, and across all that real property situated in the City of San Juan Capistrano, County of
Orange, State of California more particularly described as
Lot 11 of'Tract 16750, as per map recorded on July 14, 2006, as
Instrument No. 2006000470733 in Book 883, Pages 1 through 10,
inclusive,of Miscellaneous Maps of the County of Orange, County
Clerk-Recorder's Office ("Lot H"),
a perpetual non-exclusive open-space casement for purposes of preserving and maintaining the
natural character of Lot H, and Grantor relinquishes all rights to construct or pen-nit the
construction of improvements and all rights to development (as defined by California Public
Resources Code Section 30106, which is incorporated herein by reference) within Lot H without
the approval of Grantee. Notwithstanding the foregoing, Grantor expressly reserves the right to
do the following on Lot H, to the extent consistent with the purposes of preserving and
maintaining the natural character of Lot 1.1 and subject to applicable governmental regulatory
07318117082104v4 vs,70821042 1
requirements, including the Revised Special 4(d) Rule Interim Habitat Loss Mitigation Plan(On-
site) for Tentative Tract 14196:
a) the removal of hazardous substances or conditions or diseased plants or trees;
b) the removal of non-native vegetation;
C) the planting of native vegetation, including a temporary irrigation system therefor;
d) the installation, repair, maintenance, and replacement of(i)a trail and associated
facilities (including, by way of example and not limitation, benches, trash
receptacles, or lighting), (ii)fences and retaining and other walls, (iii) surface and
underground drainage and utility facilities, and (iv)directional, educational, and
interpretive signage, all as heretofore or hereafter approved by Grantee;
e) use of and activities on Lot H as permitted by the terms of the Conservation
Easement recorded concurrently herewith against I.ot H (the "Conservation
Easement"); and
f) use of and activities on Lot H as permitted by the terms of the Grant Deed —
Public Trail Easement recorded concurrently herewith against Lot H (the "Public
Trail Easement").
In the event of a conflict between any of the provisions of the Conservation Easement
and the provisions this Grant Deed — Open Space Easement, the provisions of the Conservation
Easement control. Likewise, in the event of a conflict between any of the provisions of the
Public Trail Easement and the provisions this Grant Deed — Open Space Easement, the
provisions of the Public Trail Easement control.
In clarification of the foregoing provisions of this Grant Deed — Open Space Easement,
nothing herein prohibits the construction of either public-service facilities installed for the
benefit of Lot H or public-service facilities installed with the authorization of the City and such
other applicable public agencies with jurisdiction over Lot I-1 (including without limitation the
California Public Utilities Commission).
Any notice or other communications made according to this Grant Deed — Open Space
Easement must be in writing and delivered personally or mailed by certified mail to the parties
addressed as follows:
To Grantor: To Grantee:
Pacific Point Development Partners LLC City of San Juan Capistrano
c/o Taylor Morrison Attn: City Clerk
Attn: President, Southern California Division 32400 Paseo Adelanto
100 Spectrum Center Drive, Suite 1450 San Juan Capistrano, CA 92675
Irvine, CA 92618
L [Signature Page Follows]
073181%7082104v4 vs.7082104v2 2
s
IN WITNESS WHEREOF,Grantor has executed this Grant Deed on the day and year
hereafter written.
Dated: "GRANTOR"
Pacific Point Development Partners LLC,
a Delaware limited liability company
By. Taylor Morrison Pacific Point
Holdings,LLC
Its: Managing Member
By:
Print Name:
Print Title:
Dated: "GRANTEE" �l
CITY OF SAN JUAN CAPISTRANO,
a California municipal corporation
By:
Name:
Attest
City Clerk
APPROVED AS TO FORM
City Attorney
073181V082104v4 vs.70821002 Signature Page
i
1
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document, to which
this certificate is attached, and not the
truthfulness,accuracy, or validity of that
document.
STATE OF )
ss:
COUNTY OF )
On ,2015 before me,
(insert name and title of the officer),
personally appeared , who proved to me
on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the
within instrument and acknowledged to me that he/shelthey executed the same in his/her/their
I authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or
the entity upon behalf of which the person(s)acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature:
[Seal]
I
073181V082104v4 vs.7082104v2
EXHIBIT D
RECORDING REQUESTED BY
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
AND WHEN RECORDED MAIL TO:
City Clerk
City of San Juan Capistrano
32400 Pasco Adelanto
San Juan Capistrano, CA 92675
Exempt from Recording Fees:
Gov. Code 27383
City of San Juan Capistrano
SPACE ABOVE TRIS LINE:FOR RECORDER'S USE
Documentary'Transfer'rax
NO TAX DUE. RECORDING REQUESTED PER
GOVERNMENT CODE SECTION 6103
APN: 675-421-18
GRANT DEED—PUBLIC TRAIL EASEMENT
1. Grant of Public Trail Easement. FOR A VALUABLE CONSIDERATION,
receipt of which is hereby acknowledged, Pacific Point Development Partners LLC, a Delaware
limited liability company ("Grantor"), hereby grants to City of San Juan Capistrano, a
California municipal corporation ("Grantee"), over, under, and across a portion of that real
property situated in the City of San Juan Capistrano, County of Orange, State of California more
particularly described as
Lot H of Tract 16750, as per map recorded on July 14, 2006 as
Instrument No. 2006000470733 in Book 883, Pages l through 10,
inclusive, of Miscellaneous Maps of the County of Orange, County
Clerk-Recorder's Office("Lot H"),
a perpetual non-exclusive 10-foot wide recreational public-access easement (the "Public Trail
Easement") for equestrian, pedestrian, and off-road bicycle access for the general public over a
recreational trail (the "Public Trail") to be constructed by Grantor at its cost according to the
provisions of that certain Revised Special 4(D) Rule Interim Habitat Loss Mitigation Plan (On-
site) for Tentative Tract Map 14196; the public-access easement includes the right to install,
repair, maintain, and replace associated facilities, which associated facilities include, by way of
07318117083709v5 vs.70837090 1
example and not limitation, (i)benches, trash receptacles, and lighting, (ii) fences and retaining
�..r and other walls, (iii)surface and underground drainage and utility facilities, and (iv)directional,
educational, and interpretive signage; and the public-access easement is in the location generally
depicted on Schedule "1" attached hereto (the "Public Trail Easement Area"). In the event of
a conflict between the as-built location of the Public Trail, as approved by Grantee, and
Schedule "1", the as-built conditions control. Grantee is not required to accept the Public Trail
Easement until the Public Trail improvements are completed by Grantor to the reasonable
satisfaction of Grantee.
2. Maintenance: Controlling Documents. Reference is hereby made to that certain
Conservation Easement (the "Conservation Easement") and that certain Grant Deed - Open
Space Easement (the "Open Space Easement"), both of which are recorded against Lot H
concurrently with this Grant Deed — Public Trail Easement. Lot H, including the Public Trail,
shall be maintained in accordance with the provisions of the Conservation Easement, and in the
event of a conflict between the provisions of the Conservation Easement and the provisions of
this Grant Deed—Public Trail Easement(the "Public Trail Easement Deed"), the provisions of
the Conservation Easement control. In the event of a conflict between the provisions of the
Open Space Easement and this Public Trail Easement Deed, the provisions of this Public Trail
Easement Deed control.
3. Liability. Grantor and Grantee are entitled to all immunities, limitations on
liability, and rights of recovery that are available under applicable law to public and private
j entities (including, but not limited to California Civil Code Sections 846 and 846.1, California
U Public Resources Code Section 5075.4, Califomia Government Code Section 831.4 and other
provisions of California's Torts Claim Act)with respect to recreational trails and the public's use
of such trails and the private or public property adjacent to them. Notwithstanding the foregoing,
Grantee agrees to save, defend, and hold Grantor harmless from any claim or liability arising out
of the public's use of the Public Trail, except for injuries caused by the willful or malicious
conduct of Grantor or Grantor's agents and independent contractors. Nothing in this Section 3 is
intended to modify or otherwise alter the application of relevant governmental or private
landowner immunities.
4. Successors in Interest. This Public Trail Easement Deed benefits and binds
Grantor's heirs,successors, administrator, executors, and assignees.
5. Notices, Any notice or other communication made according to this Public Trail
Easement Deed must be in writing and delivered personally or mailed by certified mail to the
parties addressed as follows:
To Grantor: To Grantee:
Pacific Point Development Partners LLC City of San Juan Capistrano
c/o Taylor Morrison Attn: City Clerk
i Attn: President, Southern California Division 32400 Paseo Adelanto
100 Spectrum Center Drive, Suite 1450 San Juan Capistrano, CA 92675
073 1 8 1170 8 3 709x5 vs.70837090 2
Irvine, CA 92618
6. Entire Agreement. This agreement contains the entire agreement between the
parties. Any oral representations or modifications concerning this agreement are of no force or
effect except for a subsequent modification in writing, signed by the parties.
7. Counterparts. This agreement may be executed in one or more counterparts, each
of which shall be deemed an original, and all of which together shall constitute one and the same
instrument.
[Signature Page Follows]
073181%7083709v5 vs.70837090 3
IN WITNESS WHEREOF,the parties hereof have executed this.agreement as of the
dates set forth with their respective signatures below.
"GRANTOR" "GRANTEE"
PACIFIC POINT DEVELOPMENT CITY OF SAN JUAN CAPISTRANO,
PARTNERS LLC, a Califomia municipal corporation
a Delaware limited liability company
By: Taylor Morrison Pacific Point By:
Holdings, LLC
Its: Managing Member Name:
By: Date:
Name:
Its:
Date:
Attest:
City Clerk
APPROVED AS TO FORM
t Attorney
07318117083709x5 vs,70837040 Signature Pago
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document, to which
this certificate is attached, and not the
truthfulness.accuracy, or validity of that
document.
STATE OF }
ss:
COUNTY OF )
On ,2015 before me,
(insert name and title of the officer),
personally appeared , who proved to me on the basis of
satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or
the entity upon behalf of which the person(s)acted,executed the instrument.
I
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature:
[Seal]
073 18 117083 7090 vs,70837090
Schedule"1"
Public Trail Easement Area
0731SIN7083709YS vs.7083709v3 Schedule 1
/ Lot H
i .
P.aseo;Armonia, i
Amon ,