15-0901_PACIFIC POINT DEVELOPMENT PARTNERS, LLC_Amd & Restate Spec. 4(d) Int. Habitat Loss Imp. AgrRecording requested by and
when recorded return to:
City of San Juan Capistrano
Attn: City Clerk
32400' Paseo Adelanto
San Juan Capistrano, CA 92675
J. if
City of San Juan Capistrano
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk-Recorder
RECE!
J 10 1015005^03923:13 pm 10/21/15
(TY cl?olJ.oo''o.oo o'oo ee.oo o.oo o.oo o.oo
NO FEE
7 9 1 1 0 3 0 $*
....- Mi. U,.. i o 1»i' 1
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 Jjf day of^fK 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."
WHEREAS, 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.k.a. 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 area 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
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
area identified for on-site restoration, leaving 9.6 acres within the 17.6-acre area 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 area, 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
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
2
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 tbe County of Orange, County Clerk-Recorder's
Office, and are further described in tbe 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 tbe recording of a
perpetual open space easement over Lot H (tbe "Open Space Easement"). Tbe
Open Space Easement shall be substantially in tbe form attached hereto as
Exhibit A. In addition. Developer shall execute and allow tbe recording of a
perpetual public trail easement within Lot H (tbe "Public Trail Easement"). Tbe
Public Trail Easement shall be substantially in tbe form attached hereto as
Exhibit B. Tbe right-of-way created by tbe Public Trail Easement shall consist of
an approximately 10-foot-wide public trail, in substantial conformance with tbe
trail depicted on Schedule 1 to Exhibit B. To tbe extent tbe alignment, length or
width of tbe right-of-way require any modifications as a result of soil conditions
or other engineering constraints encountered during construction of tbe right-of-
way, tbe Developer shall seek approval, which shall not be unreasonably
withheld, from tbe City for such modifications and, if required, shall amend tbe
Public Trail Easement to reflect tbe modifications. Tbe On-site Restoration Area
shall remain as permanent open space. All restoration and conservation activities
within tbe On-site Restoration Area shall be tbe responsibility of tbe Developer,
and all on-going management and monitoring of tbe On-site Restoration Area
shall be tbe obligation of a Resource Agencies-approved management entity in
accordance with a non-wasting endowment established by tbe Developer and a
conservation easement subject to enforcement by tbe grantee of tbe conservation
easement.
Off-site Restoration Project. Prior to tbe issuance of additional building permits
(excluding model home building permits and permits for Final Tract Map 14196
Lot 3) within Final Tract Maps 14196 and 16750, Developer shall execute a
Restoration and Conservation Agreement ("RCA") with tbe Laguna Heights
Community Association ("LHCA") which is tbe homeowners association for tbe
Laguna Heights Community, a residential community located in Laguna Niguel,
California. Tbe 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 tbe Revised Special 4(d)
Approval ("Off-site Restoration Project"). Developer shall complete
installation of tbe off-site restoration and conservation actions identified in tbe
Off-Site Mitigation Plan. Tbe Off-site Restoration Area shall remain as
permanent open space. All restoration and conservation activities within tbe Off-
site Restoration Area shall be tbe responsibility of tbe Developer, and all on-going
management and monitoring of tbe Off-site Restoration Area shall be tbe
obligation of a Resource Agencies-approved management entity in accordance
with a non-wasting endowment established by tbe Developer and a conservation
easement subject to enforcement by tbe grantee of tbe conservation easement. In
tbe event tbe Developer is unable to use those lands owned by tbe LHCA to
satisfy its obligations under tbe Revised Special 4(d) Approval, tbe Developer
. J- / 1
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 tbe On-site Restoration Project and tbe Off-site Restoration
Project until performance criteria established by tbe Resource Agencies are
achieved, as determined by tbe Resource Agencies, are tbe responsibility of
Developer, regardless of whether tbe On-site Restoration Area or tbe Off-site
Restoration Area are owned by tbe 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 tbe Resource Agencies ensuring
tbe protection and maintenance of tbe 42.8 acres of tbe On-site Restoration Area
and Off-site Restoration Area as described in tbe Mitigation Plans as natural open
space in perpetuity ("Conservation Easements"). Tbe Resource Agencies will
act as third-party beneficiaries to tbe Conservation Easements. In tbe event
Developer is unable to encumber tbe On-site Restoration Area and tbe Off-site
Restoration Area with in-perpetuity Conservation Easements, tbe Developer shall
be solely responsible for identifying replacement lands that will accept such
Conservations Easements. Tbe long-term management, maintenance, monitoring
and reporting, and any other management activities required in tbe Mitigation
Plans for tbe On-site Restoration Area and tbe Off-site Restoration Area,
respectively, shall be tbe responsibility of a third-party conservation
organization(s) selected by tlie Developer and approved by tbe Resource Agencies
("Management Entity(ies)"). Tbe City agrees that tbe grantee(s) of tbe
Conservation Easements may also be tbe Management Entity(ies).
e. Endowment(s). Developer shall establish one or more non-wasting endowments
for tbe benefit of tbe On-site Restoration Area and tbe Off-site Restoration Area
to fund tbe Management Entity's(ies') performance of tbe activities required in
tbe On-Site Mitigation Plan and tbe Off-Site Mitigation Plan ("Endowments").
Tbe establishment of tbe Endowments shall be based on a Property Analysis
Record ("PAR") prepared by tbe Management Entity(ies). All costs associated
with tbe On-site Restoration Project and tbe Off-site Restoration Project, tbe
establishment of tbe Endowments, and tbe establishment of tbe Conservation
Easements, as required by tbe Resource Agencies, shall be tbe responsibility of
tbe Developer. Tbe perpetual management of tbe 42.8 acres of On-site
Restoration Area and tbe Off-site Restoration Area and the additional activities
funded by tbe $350,000 will be described in perpetual management plans that are
revised and approved by tbe Resource Agencies prior to establishing tbe non-
wasting endowment.
4
2. Security
a. Surety Bond. Pursuant to the Revised Special 4(d) Approval and further
communications between tbe 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 tbe City as beneficiary in tbe amount of three (3) million
dollars to serve as security for tbe performance of tbe activities identified in tbe
Cn-Site Mitigation Plan and tbe Cff-Site Mitigation Plan. As required by tbe
Revised Special 4(d) Approval, if tbe surety bond is established after 2015, it will
be adjusted for inflation using tbe consumer price index.
b. Revision to Surety Bond. Tbe surety bond shall cover tbe cost of tbe activities
identified in tbe Cn-Site Mitigation Plan and tbe Cff-Site Mitigation Plan. The
surety bond shall also serve to secure tbe Endowment established pursuant to
Section 1(e) of this Agreement. At such time as (i) tbe Developer executes
agreements with one or more contractors or consultants to perform tbe activities
identified in tbe Cn-Site Management Plan and tbe Cff-Site Management Plan,
and (ii) tbe Management Entity(ies) completes tbe PAR, tbe Developer shall
provide a revised surety bond to tbe City that reflects (i) tbe costs to complete tbe
activities identified in tbe Cn-Site Mitigation Plan and tbe Cff-Site Mitigation
Plan, as those costs are determined at that time, and (ii) tbe amount of tbe
Endowment plus $350,000 for additional restoration and conservation activities
benefitting open space within tbe City. Cnce tbe amount of tbe Endowment has
been calculated pursuant to Section 1(e), and that amount plus $350,000 for
additional restoration and conservation activities benefiting open space within tbe
City has been transferred to tbe Management Entity(ies), tbe amount of tbe surety
bond will be reduced accordingly.
c. Enforcement of Surety Bond Performance. Tbe surety bond shall allow tbe
City to enforce surety bond performance at tbe request of tbe CDFW, if tbe
CDFW determines, in its sole discretion, that tbe Developer has failed to meet its
mitigation obligations under tbe Revised Special 4(d) Approval.
3. Time of Completion
Tbe Cn-site Restoration Project and tbe Cff-site Restoration Project shall be initiated no
later than December 1, 2015, and continue until such time as tbe Resource Agencies
determine that tbe performance criteria established by tbe Resource Agencies have been
achieved pursuant to tbe Revised Special 4(d) Approval.
4. Force Majeure
Notwithstanding tbe provisions of Section 3. Time of Completion above. Developer's
time for completion of tbe Cn-Site Mitigation Plan and tbe Cff-Site Mitigation Plan shall
be extended for tbe period of any enforced delay caused due to circumstances beyond tbe
5
control and without the fault of Developer, including to the extent applicable adverse
weather conditions, flood, earthquakes, strikes, lockouts, acts, or failures to act of a
public agency (including tbe City); provided, however, that tbe 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 tbe 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 tbe date on which it is approved by tbe City
Council and this Agreement shall supersede tbe 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 tbe Cn-site Restoration Project and tbe Cff-site
Restoration Project. Tbe final report shall be provided to tbe Resource Agencies
for review and approval. A copy of tbe report shall also be provided to tbe City.
b. This Agreement shall remain in full force and effect until otherwise mutually
terminated by tbe Parties in writing. Tbe terms of this Agreement shall be
considered satisfied upon such time as tbe Resource Agencies determine that tbe
performance criteria established by tbe Resource Agencies have been achieved,
pursuant to the Revised Special 4(d) Approval.
7. Assignment
This Agreement shall be assignable by Developer with written notice to tbe City, which
notice shall be provided by tbe Developer to tbe City vfitbin 30 days prior to tbe effective
date of tbe assignment.
8. Miscellaneous Provisions
a. Governing Law. Tbe Parties hereto acknowledge that this Agreement has been
negotiated and entered into in tbe State of California. Accordingly, tbe Parties
expressly agree that this Agreement shall be governed and enforced in accordance
with tbe State of California.
b. Time of Essence. Tbe Parties agree that time is strictly of tbe essence with
respect to each and every term and condition and failure to timely perform any of
tbe 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 tbe final expression of, and contains tbe
entire agreement between tbe Parties with respect to tbe 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 tbe Parties.
6
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 be 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 tbe Developer
herein named on tbe / day of Ty.V^ , 2015, tbe 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 goveming body.
7
PACIFIC POINT DEVELOPMENT PARTNERS LLC,
a Delaware limited liability company
By: Taylor Morrison Pacific Point Holdings, LLC
its: Managing Member
By: 'ffyt^^
Name: | QIAA. ^CI^AP
Title: \/f
CITY OF SAN JUAN CAPISTRANO
By:
ATTEST
•TV\(T|
r
4 /
\
T
•
h
/
^ 1
Maria Morris,\City Clerk ^
APPROVED AS TO FORM
Jeff Ballinger, City Attomey
(Signature Page to
Amended and Restated Special 4(d) Interim Habitat Loss Implementation Agreement)
8
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
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 Orange
)SS
)
On September 9th. 2015
Tom Baine
before me, Denlce K. Solorio
File No; OSA- ()
APN No:
_ , Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(X) whose name(^ Is/jox subscribed to the within
instrument and acknowiedged to me that he/k&fe/KJiS^ executed the same in his/ksr/tfaKX authorized capacity(leK), and that by
his/KSk/Jbek signature^) on the Instrument the person(s):, or the entity upon behalf of which the person(5iJ acted, executed the
instrument,
I certify under PENALTY OF PERJURYjjfider the laws of the State of Caiifornia that the foregoing paragraph is true and correct.
1 VI^J DENICEVSOLORIO" " I
*^ZX^ Commission # 2081230 t
WITNESS
Signature
DENiCE 15. SOLORIO
Commission # 2081230
Notary Public - California z
Orange County 5
Comnr. Expires Se^ 11. 2018 ^
This area for official notarial seal,
OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the
documents.
I I INDIVIDUAL
fxk CORPORATE OFFICER(S) TTILE(S)
I 1 PARTNERfS) • LIMITED • GENERAL
I I ATTORNEY-IN-FACT
I I TRUSTEE(S)
I I GUARDIAN/CONSERVATOR
I I OTHER
SIGNER IS REPRESENTING:
Taylor Morrison
Name of Person or Entity Name of Person or Entity
OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT
Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form.
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW
TITLE OR TYPE OF DOCUMENT: Amended and Restated Special 4(5) Interim Habitat Loss Implementatio 1
NUMBER OF PAGES DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
Reproduced by Rrst Ameri(3n Title Company 11/2007
PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT
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 Orange
)
) ss.
City of San Juan Capistrano )
(Gov't Code 40814 & Civil Code 1181)
On October 2, 2015, before me, Maria Morris, City Clerk, personally appeared
Derek Reeve, Mayor and Jeff Ballinger, City Attorney, who proved to me on the basis of
satisfactory evidence to the be 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/there signature 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.
(SEAL)
OPTIONAL
Capacity Claimed by Signers Description of Attached Document
Title or Type of Document
Mayor
City Attorney Amended and Restated Special 4(d) Interim Habitat
Loss Implementation Agreement
Title Revised Special 4(d) Approval for the Pacific Point
Project
Signer is Representing
City of San .Tuan Capistrano
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
Exempt from Recording Fees:
Gov. Code 27382
City of San Juan Capistrano
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Documentary 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 Califomia 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 H, and Grantor relinquishes all rights to construct- or permit the
construction of improvements and all rights to development (as defined by Califomia 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
073I81\7082I04v4 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, (hi) 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 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 H (including without limitation the
Califomia 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, Southem California Division 32400 Paseo Adelanto
100 Spectrum Center Drive, Suite 1450 San Juan Capistrano, CA 92675
Irvine, CA 92618
[Signature Page Follows]
07318117082104v4 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 Califomia municipal corporation
By:
Name:
Attest
City Clerk
APPROVED AS TO FORM
Q.^ /S.
'^^4^f~ '\4 ^ iLvffc^ , City Attomey
073 1 81 \7082104v4 vs. 7082104v2 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 CaJifomia that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature:
[Seal]
073181\7082104v4 vs. 7082104v2
Exhibifc® t -
Piiblic Trail Easemerrt
10
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. Code 27383
City of San Juan Capistrano
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Documentary Transfer Tax
NO TAX DUE; RECORDINC 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
Califomia 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 Califomia 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 constmcted 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
073I81\7083709v5 vs. 7083709v3 1
example and not limitation, (i) benches, trash receptacles, and lighting, (ii) fences and retaining
and other walls, (ill) 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 "Couservatiou Easemeut") and that certain Grant Deed - Cpen
Space Easement (the "Opeu Space Easemeut"), 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 Easemeut Deed"), the provisions of
the Conservation Easement control. In the event of a conflict between the provisions of the
Cpen 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 Califomia Civil Code Sections 846 and 846.1, Califomia
Public Resources Code Section 5075.4, Califomia Government Code Section 831.4 and other
provisions of Califomia'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
c/o Taylor Morrison
Attn: President, Southem Califomia Division
100 Spectrum Center Drive, Suite 1450
City of San Juan Capistrano
Attn: City Clerk
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
07318n7083709v5 vs. 7083709v3 2
Irvine, CA 92618
6. • Entire Agreement. This agreement contains the entire .^agreement between the"^^
parties. Any oral representations or modifications conceraing this agreement are of no force or t
effect except for a subsequent modification in writing, signed by the parties.
7. Counterparts. This agreement may be executed in one or more counterparts, eaqh?-
of which shall be deemed an original, and all of which together shall eonstitute one and the same ,
instrument
[Signature Page Follows]
073181\7083709v5 vs. 7083709v3 3
IN WITNESS WHEjREGF, the parties hereof have exeonted-ithis tgreerneiit as-of the
dates set forth with their respective signatures below.
"GRANTOR" "GRANTEE'
PAeiFIC POINT DEVELOPMENT
PARTNERS LLC,
a Delaware limited liability company
By: Taylor -Morrison Pacific Point
Holdings^.. LLC
Its: Managing Member
By: . .
Namer : ,
Its: , .
CITY OF SAN JUAN CAPISTRANG,
a California municipal corporation
By:.
Name:_
Date:
Date:
Attest;
City Clerk
APPROVED AS TO FORM
dty Attomey
073t81\7083709v5 vs. 7083709v3 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 Califomia that the
foregoing paragraph is tme and correct.
WITNESS my hand and official seal.
Signature:
[Seal]
073 1 81\7083709v5 vs. 7083709v3
. , - *• V *^*L
Schedule"!"
Public Trail Easement Area
073181\7083709v5 vs. 7083709v3 Schedule 1
Schedule 1 - Lot H and Public Trail
LEGEND
LOT H PROPERTY BOUNDARY
1