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14-0902_TNHC SAN JUAN, LLC_D9_Agenda Report9/2/2014 09 TO: Agenda Report Karen P. Brust, City Manag ~~ \1;1/(\"1 FROM : Keith VanDer Maaten, P.E., Public Works and Uti lities D i rector ~f<t"A Prepared by: Steve Kooyman , P.E., Assistant Public Works Directo.)''-' DATE: September 2, 2014 SUBJECT: Consideration of Approval of a Final Map, Subdivision Improvement Agreement, and Agreement Establishing a Soils Subsidence Remediation Program for Tract 17713 (A Portion of Tentative Tract Map 16146) (The New Home Company) (Oliva Housing Tract, 22 Residential Lots) RECOMMENDATION : By motion, 1. Approve the Final Map for Tract No.17713 (a portion of Tentative Tract Map 16146) as it conforms to the requirements set forth in the Subdivision Map Act and the approved Tentative Tract Map 16146 conditions; and, 2. Authorize the City Engineer and the City Clerk to execute the Final Map for Tract 17713 (a portion of Tentative Tract Map 16146); and, 3. Authorize the Mayor to execute the Subdivision Improvement Agreement for the Final Map for Tract 17713 (a portion of Tentative Tract Map 16146) and accept the corresponding securities; and, 4. Direct the City Clerk and City Engineer to forward the Subdivision Improvement Agreement and Final Map for Tract 17713 (a portion of Tentative Tract Map 16146) respectively to the County of Orange Recorder's office for recordation; and, 5. Approve the Agreement Establishing a Soils Subsidence Remediation Program with TNHC San Juan LLC of Tract 17713; and, 6. Direct City Clerk to forward the Agreement Establishing Soils Subsidence Remediation Program to the County Recorder's office for recordation. EXECUTIVE SUMMARY: On December 20, 2005, the City Council adopted Resolution No. 05-12-20-02 conditionally approving Vesting Tentative Tract Map 16146 for a 31 lot residential subdivision on 17 acres of land which was owned by the Martin E. and Marion E. Scalzo City Council Agenda Report September 2, 2014 Page 2 of 5 Family 1987 Trust U/Dff dated January 27, 1987 (Scalzo Family 1987 Trust). The New Home Company purchased a portion of the Tentative Tract Map (TTM) 16146 known as the Belladonna Estates in 2013, from the Scalzo Family 1987 Trust. Of the 31 lots for TTM 16146, The New Home Company (applicant/subdivider), in conjunction with the Scalzo Family 1987 Trust (owner), has requested an approval of the first 22 lots of TTM 16146 as Final Tract 17713 (a portion of TTM 16146) (Enclosure 1). Additionally, the applicant/subdivider has submitted a request to change the timing of the recordation for the Covenants, Conditions and Restrictions (CC&R's) to prior to the conveyance of any portion of the Final Tract Map versus with the Final Map recordation. Staff and the City Attorney have reviewed the requested change and have determined that the language provides the same level of compliance with the TTM 16146 conditions. This modified language is provided within the Subdivision Improvement Agreement (Attachment 2). The grading and subdivision improvement plans, as well as the Final Map, have been reviewed by the City Engineer and were found to be in substantial conformance with the TTM 16146 and the Subdivision Map Act. All appropriate bonds have been posted and fees have been paid to the City and the developer and owner have signed the City's Subdivision Improvement Agreement and the developer has signed the Agreement Establishing Soils Subsidence Remediation Program (Attachment 3) for the 22 lot Final Map. All applicable conditions of approval set forth in the City Council Resolution No. 05-12-20-02 with subsequent modifications, calcifications, and amendments by City Council Resolution Nos. 06-07-03-07, 06-11-21-03, 07-04-17-03, 08-09-16-05, 09-03- 17-07, and 14-08-19-03 (Available at the City Clerk's office for review) have been met. Therefore, based on the findings mentioned above, staff recommends 1) Approving the Final Map; 2) Authorizing the City Engineer and the City Clerk to execute the Final Map; 3) Authorizing the Mayor to execute the Subdivision Improvement Agreement for the Final Map and accept the corresponding securities; 4) Directing the City Clerk and City Engineer to forward the Subdivision Improvement Agreement and Final Map respectively to the County Recorder's office; 5) Approving the Agreement Establishing a Soils Subsidence Remediation Program with TNHC San Juan LLC of Tract 17713; and 6) Directing the City Clerk to forward the Agreement Establishing a Soils Subsidence Remediation Program to the County Recorder's office for recordation. DISCUSSION/ANALYSIS: The New Home Company (applicant/subdivider) has requested approval for the first 22 lots under the Final Tract Map 17713 (a portion of TTM 16146) (Enclosure 1). The applicant/subdivider owns lots 1-16, whereas lots 17-22 are currently owned by the Scalzo Family 1987 Trust with an option to sell lots 17-22 to The New Home Company. On August 19, 2014, the City Council approved a Modification to TTM 16146 with an Addendum to the 2005 City Council adopted Mitigated Negative Declaration (MND) by Resolution No. 14-08-19-03 which deleted several conditions from TTM 16146. There were no modifications required on the Final Tract Map 17713 from the recently approved City Council Resolution No. 14-08-19-03. The Final Map and all project related improvement plans have been reviewed and approved by the City Engineer, which are referenced and included within the Subdivision Improvement Agreement (Attachment 2). The Development Services Director, City Engineer, and City Attorney City Council Agenda Report September 2, 2014 Page 3 of 5 have approved the Covenants, Conditions and Restrictions (CC&R's) for Tract 17713. However, the applicant/subdivider has requested an administrative change to the timing for the recordation of the CC&R's within the City Council Resolution 05-12-20-02, Condition No. 69 as follows: Original Language : CC&R's. Prior to final map approval, the applicant shall submit to the Planning Director, City Engineer, and City Attorney for review, and shall obtain the approval for, a set of Covenants, Conditions and Restrictions (CC&R's). Said CC&R's shall be recorded with the final map and shall include, but not be limited to, the following: (ENG) Modified Language: CC&R's. Prior to final map approval, the applicant shall submit to the Director of Development Services, City Engineer, and City Attorney for review, and shall obtain the approval for, a set of Covenants, Conditions and Restrictions (CC&R's). Said CC&R's shall be recorded uprior to the conveyance of any portion of the Final Tract Map" and shall include, but not be limited to , the following: (ENG) All other sections within the original City Resolution No. 05-12-20-02 and as modified by City Resolution No . 14-08-19-03 shall remain in effect. The items listed below have been reviewed and found to be in substantial compliance with the requirements of the Final Map: 1. Applicable Subdivision fees paid . 2. Final Map signed by The New Home Company. 3. Subdivision Improvement Agreement signed by The New Home Company and Martin R. Scalzo, Trustee of The Scalzo Family 2003 Trust (Attachment 2). 4. Faithful Performance and Labor and Material bonds in the amount of 100% of the costs for: a. Landscape and Irrigation Improvements b. Survey Monumentation 5. Faithful Performance and Labor and Material bonds in the amount of 100% of the costs for: a. Public Water Improvements b. Private Street and Storm Drain Improvements c. Public Sewer Improvements d. Public Street Improvements (Del Obispo Street Widening) 6. Agreement Establishing Soils Subsidence Remediation Program signed by The New Home Company (Attachment 3). The City Engineer will sign the Final Map if approved by the City Council and forward the Final Map to the City Clerk for signature and submittal to the County of Orange Recorders office for final County Surveyor processing, signature, and recordation. City Council Agenda Report September 2, 2014 Page 4 of 5 FISCAL IMPACT: Pursuant to the Tentative Tract Map 16146 Conditions of Approval No. 50, 76, and 80 of the City Resolution 05-12-20-02, all engineering fees; domestic and non-domestic water, and park in-lieu development impact fees have been paid. Also, pursuant to Tentative Tract Map 16146 Conditions of Approval No. 71 and 79 of the City Resolution No. 05-12-20-02, Performance Bonds and Labor and Materials Bonds in the amount of 100% of the Final Map of Tract 17713 (a portion of TTM 16146) Subdivision Improvements have been posted equaling $1,798,000 under Bond No. PB02497500125 and $2,428,000 under Bond No. PB02497500121. The total bond amount for the Subdivision Improvements is $4,226,000. ENVIRONMENTAL IMPACT : On December 20, 2005, the City Council approved Tentative Tract Map (TTM) 16146 by City Resolution No. 05-12-20-02 with a Mitigated Negative Declaration (MND) for the Belladonna Estates subdivision. On August 19, 2014, the City Council approved a Modification to TTM 16146 with an Addendum to the 2005 City Council adopted Mitigated Negative Declaration (MND) by Resolution No. 14-08-19-03 for the Oliva Subdivision (formerly known as Belladonna Estates). This project has been reviewed in accordance with the California Environmental Quality Act (CEQA) requirements and the City's Environmental Administrator has determined that the processing of the Final Map with a Subdivision Improvement Agreement and related items is consistent with the City Council-adopted Addendum. PRIOR CITY COUNCIL REVIEW: • On December 20, 2005, the City Council adopted Resolution No. 05-12-20-02 conditionally approving Vesting Tentative Tract Map 16146, consisting of 31 residential lots on 17 acres of land subdivision for the Belladonna Estates. • On July 3, 2006, the City Council adopted Resolution No. 06-07-03-07, which related to extending time to meet and confer on the conditions of approval for the southwesterly access road responsibilities between the developer, City and adjacent land owners. • On November 21, 2006, the City Council adopted Resolution No. 06-11-21- 03, which closed the meet and confer condition and deleted this from the TTM 16146 conditions. • On April 17, 2007, the City Council adopted Resolution No. 07-04-17-03, which modified to some of the conditions of approval, approved a memorandum of understanding between the City and the Scalzo Family Trust, and provided a one year extension to the TTM 16146. • On September 16, 2008, the City Council adopted Resolution No. 08-09-16- 05, which modified several conditions of approval for TTM 16146. City Council Agenda Report September 2, 2014 Page 5 of 5 • On March 17, 2009, the City Council adopted Resolution No. 09-03-17-07, which clarified condition 77 of the TIM 16146. • On August 19, 2014, the City Council adopted Resolution No. 14-08-19-03, which deleted several conditions from TIM 16146. COMMISSION/COMMITIEE/BOARD REVIEW AND RECOMMENDATIONS: • On July 8, 2014, the Planning Commission adopted a Resolution recommending the City Council adoption of a Mitigated Negative Declaration Addendum, approval of a modification to Tentative Tract Map (TIM) 16146 and approval of a modification to Architectural Control (AC) 13-028. NOTIFICATION: The New Home Company Donna M. Ostermiller and Frederick Scalzo County of Orange, Surveyors Office Hunsaker and Associates Pam Patterson Tracy Weintraub ATIACHMENTS: Attachment 1 -Vicinity Map Attachment 2 -Subdivision Improvement Agreement Attachment 3 -Agreement Establishing Soils Subsidence Remediation Program ENCLOSURES: Enclosure 1 -Final Map of Tract 17713 f\ Aerial Photo *Project Site ATTACHMENT 1 RECORDING REQUESTED BY: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AND WHEN RECORDED, MAIL TO : Maria Morris, CMC, City Clerk City of San Juan Capistrano 32400 Paseo Adelanto ~n Juan Capistrano, CA 92675 Exempt from Rec~ing Fees: Gov Code 27383 & 6103 City of San Juan Capistrano This Space for Recorder's Use Only Title of Document: SUBDIVISION IMPROVEMENT AGREEMENT ' . FINAL TRACT MAP 17713 ATTACHMENT 2 SUBDIVISION IMPROVEMENT AGREEMENT SUBJECT: FINAL MAP of TRACT NO. 17713 (A PORTION OF TENTATIVE TRACT MAP 16146) THIS AGREEMENT is made this 261h day of August 2014, between the CITY OF SAN JUAN CAPISTRANO, a municipal corporation, State of California, hereinafter referred to as "City" and Donna M. Ostermiller and Frederick Scalzo as co-trustees of the Martin E. and . Marion E. Scalzo 1987 Trust U/DfT Dated January 27, 19.87, duly qualified to conduct business in the State of California, whose principal place of business is 19480 Calle Teresa, Murrieta, CA 92562 (hereinafter referred to as "Owner") and TNHC SAN JUAN LLC, a Delaware limited liability company, duly qualified to conduct business in the State of California, whose principal place of business is 85 Enterprise, Suite 450, Aliso Viejo, CA 92656, (hereinafter referred to as "Subdivider"), concerning Final Map of Tract 17713 (a portion of Tentative Tract Map 16146) for the OLIVA SUBDIVISION (hereinafter referred to as "Subdivision"); the Final Map of which was filed with the County. of Orange on the ___ day of , 2014. RECITALS WHEREAS, the application by the Scalzo Family Trust for approval of Tentative Tract Map No. 16146 was conditionally approved on December 20, 2005, by City Council Resolution No. 05-12-20-02, as modified or amended by City Council Resolution Nos . 06- 07-03-07,06-11-21-03, 07-04-17-03, 08-09-16-05 and 09-03-17-07; and, WHEREAS, Owner is the owner of a portion of the land depicted in Tentative Tract Map No. 16146, generally described as that certain parcel of land situated in the City of San Juan Capistrano, Orange County, set forth on the draft Final Map of Tract No. 17713 (Lots 17-22) being that portion of Parce14 entitled "The Remainder Parcel" of Parcel Map No. 97-225 per map filed in book 315 pages 21 through 23, (hereinafter, the "Owner Property"), and Subdivider proposes to do and perform certain works of improvement on the Owner Property within the Subdivision as hereinafter set forth; and, WHEREAS, Subdivider is the owner of a portion of the land depicted in Tentative Tract Map No. 16146, generally described as that certain parcel of land situated in the City of San Juan Capistrano, Orange County, set forth on the Final Map of Tract No. 17713 (Lots 1-16) being that portion of Parcel 4 of Parcel Map No. 97-225 per map filed in book 315 pages 21 through 23, (hereinafter, the "Subdivider Property"), and Subdivider proposes to do and perform certain works of improvement on the Subdivision Property within the Subdivision as hereinafter set forth; and, WHEREAS, Subdivider and Owner have entered into a Sales Agreement and Escrow Instructions dated March 4, 2013, for the Subdivision; and, WHEREAS, City desires to assure that said proposed improvements will be done in a good and workmanlike manner and in accordance with the laws now in force and effect in the City of San Juan Capistrano , California, the terms and conditions of which are incorporated herein by 'reference; and, 1 WHEREAS, Subdivider declares that it is familiar with the pertinent regulations contained in the City's Municipal Code and in the Subdivision Map Act (Government Code Sections 66410 to 66500) and agrees to comply therewith; and, WHEREAS, the Final Map of Tract No. 17713 prepared in accordance with the City's Subdivision Ordinance, has been filed by Subdivider with City for approval by the City Council; and, WHEREAS, the application by TNHC Sal"! Juan LLc;, a Delaware limited liability company for modifications to Tentative Tract Map No. 16146 was conditionally approved on August 19,2014, by City Council Resolution No. 14-08-19-03 which deleted previously- imposed Conditions of Approval No's . 54, 60 , 69 g, and 69 h of City Resolution No. 05-12- 20-02, and Conditions of Approval No's. 7 and 8 of City Resolution No. 07-04-17 -03; and, WHEREAS, TNHC requested and the City agrees to modify the timing of City Resolution No. 05-12-20-02 Condition of Approval No. 69 (CC&R's) recordation from the Final Map to prior to the conveyance of any portion of the Final Tract Map. NOW THEREFORE, in consideration of the approval and acceptance by the City Council of City of said Final Map of Tract No. 17713 and the acceptance of easements therein offered for dedication for street and other public purposes and the covenants herein contained, the parties hereto mutually covenant and agree as follows: AGREEMENT 1. General Requirements: Subdivider shall comply with all the conditions of approval that are applicable to the Final Map of Tract No. 17713 set forth in City Council Resolution No. 05-12-20-02, as modified or amended by Resolution Nos. 06-07-03-07,06-11-21-03,07-04-17-03,08-09-16-05,09- 03-17-07, 14-08-19-03, and the modification to Condition No . 69 of City Resolution 05-12- 20-02, which changes the timing of the recordation of the CC&R's to prior to the conveyance of any portion of the Final Tract Map and shall, at its own cost and expense, provide all required tests, design work, equipment, materials and labor in order to make or cause to be made all those works of improvement in the Subdivision required by Title 9 Sections 9-4.101 through 9-4.405 (Subdivisions) of the City Municipal Code (hereinafter referred to as "Code") and shown or described in the improvement plans, specifications and cost estimates entitled, "Improvement Plan Tract No. 17713 for Street Improvements, and Improvement Plans for Street Improvements (Public) Widening of Del Obispo Street" which were approved by the City Engineer on July 10, 2014, and "Improvement Plan Tract No . 17713 for Sewer and Water Improvements", which were approved by the City Engineer on August 4, 2014, and the "Landscape Construction Documents for Oliva" approved by the City Engineer on August 25, 2014. The Improvements within said Improvement Plans with the associated costs of improvements set forth in Exhibit "A" (collectively, the "Works of Improvement"), shall be completed to the satisfaction of the City Engineer. Such Works of Improvement shall include all items depicted within Exhibit "A", and include, the placement of curb markers at all proposed street catch basin inlet structures in accordance with the National Pollution Discharge Elimination System (NPDES) requirement. Attached 2 > hereto are Exhibit "A", marked "Works of Improvement Certification of Partial Completion of Subdivision Improvements;" Exhibit 8, marked "Schedule of Street Improvements;" Exhibit C, marked "Schedule of Water Improvements;" Exhibit D, marked "Schedule of Sewer Improvements;" Exhibit E, marked "Schedule of Drainage Improvements;" Exhibit F, marked "Schedule of Landscape and Irrigation Improvements;" Exhibit G, marked "Schedule of Monumentaion;" and Exhibit H, marked "Schedule of Public Street Improvements-Del Obispo Street;" all of which Exhibits are incorporated herein and made by reference a part hereof. The Exhibits describe quantities, units and costs associated with the improvements to be made. 1.1 Off-Site Improvements -Del Obispo Widening Subdivider shall comply with Resolution No. 05-12-20-02 Condition No. 1 for TTM 16146 with respect to the design and construction of Del Obispo Street Widening and Improvements. If the Subdivider desires to receive credit against the project's fees required for the Capistrano Circu lation Fee Program (CCFP) for the applicable CCFP costs, he/she shall provide a written request for such condition prior to recordation of the Final Tract Map 17713 . Furthermore, if the Subdivder provides the written request to invoke the CCFP credit he/she shall provide full payment documentation of the construction costs associated with the Works of Improvement as described within Exhibit H and as depicted within the plans entitled "Improvement Plans for Street Improvements (Public) Widening of Del Obispo Street" to the City Engineer for review and acceptance. No CCFP fee credit will be approved until the construction payment documents have been reviewed and accepted by the City Engineer. The maximum CCFP fee credit that can be received by the Subdivider for this Final Map of Tract 17713 is based on 221ots multiplied by the current CCFP fee for a single DU at $7,387 (pursuant to City Resolution 02-05-21-02). 2. Security: A. Subdivider shall, at all times beginning with the execution of this agreement, guarantee Subdivider's performance of this agreement by providing the City with the following security instruments (the "Security Instruments"), as required by the State Subdivision Map Act, on forms approved by the City for the purposes and in the amounts as follows: (i) A Faithful Performance Bond to ensure faithful performance of this agreement in regard to said improvements in the amount of 100% of the estimated cost of construction of the improvements as shown in Exhibit "A"; and (ii) A Labor and Materials Bond to secure payment to any contractor, subcontractor, persons renting equipment or furnishing labor or materials for the improvements required to be constructed or installed pursuant to this agreement in the additional amount of 1 00% of the estimated cost of construction of the improvements as shown in Exhibit "A"; and 3 (iii) A Subdivision Monument Bond in the amount of 100% of the estimated cost of setting subdivision monuments as shown in Exhibit "A." B. In addition to the security instruments referenced in Paragraph 2(A) above, Subdivider shall provide to the City the following Security Instruments: (i) Prior to the City's final acceptance of the Works of Improvement and recordation of a Notice of Completion, Subdivider shall provide to the City a Warranty Bond for Works of Improvement warranting the accepted Works of Improvement for a period of one (1) year following said acceptance against any defective work or labor done or defective material furnished . The amount of such Warranty Bond for Works of Improvement shall be equal to twenty-five percent (25%) of the estimated construction cost set forth in Exhibit "A," or a suitable amount determined by the City Engineer. (ii) Prior to the City's final acceptance of the landscape and irrigation Works of Improvement, Subdivider shall provide to the City a Landscape and Irrigation Warranty Bond warranting the landscape and irrigation Works of Improvement for a period of (1) year following said acceptance against any defective work or labor done or defective material furnished for any reason other than improper maintenance. The amount of such Landscape and Irrigation Warranty Bond shall be equal to twenty percent (20%) of the landscape architect's estimated construction cost, or a suitable amount determined by the City Engineer. The Subdivision Faithful Performance Bond and Subdivision Labor and Material Bond No. PB 02497500121 from Philadelphia Insurance Companies in the amount of $2,428,000, which equals 100% of the Works of Improvement Costs depicted within Exhibits B to Exhibit E and Exhibit H, as issued for the Grading Surety Agreement dated August 14,2014, for the Precise Grading Permit B14-0700, shall be incorporated herein pursuant to the Endorsement. All Security Instruments required by this Agreement, shall be kept on file with the City Clerk. The terms of the Security Instruments required by this agreement are hereby incorporated in this agreement by reference. City Engineer shall release the Faithful Performance Bond upon Subdivider's written request following acceptance by the City of the Works of Improvement and Subdivider's delivery to the City of the \Narranty Bond for Works of Improvement. City Engineer shall release the Labor and Materials Bond upon Subdivider's written request and following acceptance by the City of the Works of Improvement and after expiration of the time within which lien claims are required to be made pursuant to Article 3 (commencing with Section 3114) of Chapter 2 of Title 15 of Part 4 of Division Three of the California Civil Code . If lien claims have been timely 4 filed, the City shall hold the Labor and Materials Bond until (a) such claims have been resolved, (b) Subdivider has provided a statutory bond, or otherwise as required by applicable law. City Engineer shall release the Warranty Bond for Works of Improvement upon Subdivider's written request following the expiration of the warranty period, provided no claims are outstanding at that time regarding defective work. City Engineer shall release the Landscape and Irrigation Warranty Bond upon Subdivider's written request following the expiration _ of _the_ warranty _period, provided the City reasonably determines the landscaping is consistent with the requirements of the warranty and the irrigation system is operable. 2.1 Form of Security Instruments. All Security Instruments shall meet the following minimum requirements and otherwise shall be in a form reasonably acceptable to the City Attorney: (i) Any insurance company acting as surety shall have a minimum rating of A-IX, as rated by the current edition of Best's Key Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858; any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's; (ii) Payments under the Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the County of Orange, State of California; (iii) Each of the Security Instruments shall have a minimum term of one (1) year after the deadline for Subdivider's completing the Works of Improvement, in accordance with paragraph 3 herein; (iv) The Security Instruments shall reference Subdivider's obligations under this Agreement, shall be irrevocable, and shall include as an additional obligation secured the responsibility to compensate City for all of the City's attorneys' fees and litigation expenses reasonably incurred enforcing its rights under the Security Instruments. 3. Time of Completion: All of the Works of Improvement shall be completed within twenty-four (24) months from the effective date of this Agreement. The time for completion may be extended by the City Engineer, in writing, for good cause shown by the Subdivider. Subdivider shall compensate the City for all costs reasonably incurred in having its authorized representatives perform the usual and customary engineering services during said extension as specified in Section 5 Works of Improvement within said period or any approved extension, the City may complete said Works of Improvement and shall be entitled to recover its reasonable cost and expenses thereof from its surety as herein provided. The City may require its surety , to pay the City in advance, sufficient monies to cover the City's cost in completing construction of said Works of Improvement. 3.1 Force Majeure: Notwithstanding the provisions of paragraph 3 herein, Subdivider's time for completion of the Works of Improvement shall be extended for the period of any enforced delay due to circumstances reasonably beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikes , lockouts, acts or failures to act of a public agency (including City), required changes to the Works of Improvement required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than sixty (60) days prior to City's receipt of a written notice from Subdivider or its contractor detailing the grounds for Subdivider's claim to a right to extend its time for performance hereunder. 3.2 Continuous Work: After commencement of construction of the Works of Improvement (or separable portion thereof), Subdivider shall cause such work to be diligently pursued to completion, and shall not abandon the work for a consecutive period of more than thirty (30) days, events of force majeure excepted. 3.3 Reversion to Acreage: In addition to whatever other rights City may have due to Subdivider's failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Sections 66499 .11-66499.20- 3/4. In this regard , Subdivider agrees that if none of the Works of Improvement referenced herein have been completed within the specified "Time of Completion" referenced in paragraph 3 above or within the time allowed herein , whichever is the later, and if City thereafter initiates proceedings to revert the Property to acreage, any improvements made by or on behalf of Subdivider after the date City initiates such action shall not be considered in determining City's authority to revert the Property to acreage. 4 . Effective Date of Ag reeme nt: This Agreement shall not become effective unless and until the Final Map of Tract No . 17713 has been approved by the City Council and also accepted for recordation by the County Recorder of the County of Orange. 6 5. Utility Deposits-Statement: Prior to the commencement of any work to be performed within the area delineated on the Final Map of Tract No. 17713, the Subdivider must file a written statement with the City Clerk and City Engineer, signed by the Subdivider, to the effect that Subdivider has made all deposits legally required by any public utility corporation for the connection of any and all public utilities to be supplied by such public utility corporation within the subdivision. 6 . Permits-Compliance with Law: Subdivider shall, at Subdivider's expense, obtain all necessary permits and licenses for the construction of required Works of Improvement, give all necessary notices and pay all fees and taxes required by applicable law. 7. Definitions and Ownership of Work of Improvements: The term "Work of Improvements" includes all of the following, to the extent required by the approved plans, specifications, and cost estimates within Exhibit "A" through Exhibit "H" to this Agreement: on-site and offsite grading, paving, curbs and gutters, pathways, storm drains, sanitary sewers, domestic and non-domestic water, utilities, such as electric, telephone and cable TV, conduits, gas lines, drainage facilities, traffic controls, landscaping and irrigation, street lights, and all other required facilities as shown in detail upon the plans and specifications which have been prepared by the Engineer of Record, Hunsaker and Associates Irvine, Inc. acting for Subdivider as approved by the City Engineer. No work on said Work of Improvements shall be commenced until this Agreement has been executed by the City. All required publiq Work of Improvements constructed or installed pursuant to this Agreement shall become the sole exclusive property of the City, without payment therefor, upon acceptance of said Work of Improvements by the City Council. 8 . Obligations of Subdivider: Notwithstanding the fact that Subdivider's plans and specifications, completion of the Works of Improvement, and other acts are subject to approval of the City, it is understood and agreed that any approval by the City thereof shall in no way relieve Subdivider of satisfactorily performing said Works of Improvement or Subdivider's related obligations, if any, under this Agreement. The construction shall be done strictly in accordance with the plans and specifications, including supplementals and revisions prepared by Subdivider or its registered engineer, and as approved by the City as being consistent with the City's Municipal Code and Standards. Subdivider warrants to the City that its plans and specifications comply with said code and standards and that they are adequate to enable the Works of 7 Improvement to be constructed and/or installed in a good and workmanlike manner and in accordance with responsible construction practices. In addition to the foregoing , Subdivider shall satisfy all the conditions of approval set forth on the City approved Tentative Map No. 16146 that are applicable to the property set forth on Final Map of Tract No. 17713 . Subdivider shall also perform all work and furnish all materials necessary, in the opinion of the City Engineer and on his order, to complete the Works of Improvement in accordance with the plans and specifications on file as hereinbefore specified, or with any changes required or ordered by said Engineer which, in his opinion, are reasonably necessary or required to complete this work. Subdivider shall notify the City regarding any property conveyance. Subdivider shall also provide the City with the California Bureau of Real Estate approved CC&R documents prior to recordation by the County of Orange . 9. Intent of Plans and Specifi cations The intent of the plans and specifications referenced above is to prescribe a complete work of improvement , which Subdivider shall perform, or cause to be performed in a manner reasonably acceptable to the City Engineer (or designee) and in full compliance with all applicable codes and the terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility, even though the plans and specifications may not specifically call out all items of work required for a contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made of information necessary to carry out the full intent and meaning of the plans and specifications, Subdivider or its contractor shall immediately notify its design engineer, who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the plans, specifications, or related documents, reference shall be made to the City Engineer, whose decision thereon shall be final. 10 . Superintendence by Subdivider: Subdivider shall supervise the Works of Improvement, or have a competent foreman or superintendent, satisfactory to the City Engineer, at the Subdivision at all times during the performance of the Works of Improvement, with authority to act for Subdivider . In the event the Subdivider is not properly supervising the Works of Improvement, the City Engineer may order suspension of all work within the Subdivision until the deficiency is adequately corrected. 8 11. Repair and Replacements: Subdivider shall replace, or have replaced, or repair, or have repaired, as the case may be, or pay to the owner the entire cost of replacement or repairs, for all survey monuments or for any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City or by any public or private corporation, or by any person whomsoever or by combination of such owners. Any such repair or replacement shall be completed in a reasonable manner and subject to the reasonable approval of the City Engineer and affected property owner. 12 . Inspection by the City : Subdivider shall at all times maintain proper facilities and provide safe access for inspection by the City to all parts of the work. The Subdivider shall pay the cost of inspections. The City's inspector shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement. The inspection of the work by the City shall not relieve Subdivider of any obligations to fulfill its obligations under this Agreement, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted. No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by the City is made. Final acceptance shall not constitute a waiver by the City of defective work subsequently discovered. The date on which the Works of Improvement will be considered as complete shall be that date on which the City Council accepts the improvements and authorizes the City Clerk to file a Notice of Completion with respect thereto. 13. Autho rity of the City Engineer: All required improvements shall be constructed under the inspection of and subject to the reasonable approval of the City Engineer. Therefore, it is mutually agreed by the parties hereto that the City Engineer shall have the right to reasonably reject any or all of the work to be performed under this Agreement if such work does not conform with the City Codes and Standards and the plans and specifications mentioned herein, including subsequent revisions that may have been previously overlooked during the plan review process. Any damage to the improvements (existing or new) that occurs during or after installation of work performed under this Agreement shall be repaired or replaced, by the Subdivider, to the reasonable satisfaction of the City Engineer before the final acceptance of completed work and release of 9 security. In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to make a final decision in regard to all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and Subdivider's contractor(s). 14. Changes in the Work: The City Engineer, without invalidating this Agreement and without notification to any of the sureties referenced in Section 2 of this Agreement, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed reasonably necessary or desirable by the City Engineer to accomplish the purposes of this Agreement and to protect the public health, safety, and welfare. It is mutually understood that it is inherent in the nature of the work contemplated by this Agreement that some changes in the plans and specifications and related documents may be necessary during the course of construction to adjust them to field conditions and to assure the protection of the public health, safety, and welfare. The City Engineer shall notify Subdivider or Subdivider's contractor(s) in writing (by Correction Notice) at the time a determination has been made to require changes in the Works of Improvement. No field changes performed or proposed by Subdivider or its contractor(s) shall be binding on the City unless approved in writing by the City Engineer. 15. No Warranty by City: The plans and specifications and related documents for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation or warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the plans or specifications or related documents. 16. Liability for Performance. Injury or Damage: Neither the City nor any of its officers or agents shall be liable to Subdivider or its contractors for any error or omission arising out of or in connection with any work to be performed under this Agreement. Additionally, the City shall not be liable to the Subdivider or to any other person, firm, or corporation whatsoever, for any injury or damage that may result to any person or property by or from any cause whatsoever in, on, or about the subdivision of said land covered by this Agreement, or any part thereof. 17. Indemnifications and Release : Prior to the commencement of any work pursuant to this Agreement, Subdivider (if performing work itself) or Subdivider's contractors shall furnish 10 to the City satisfactory evidence of an insurance policy written upon a form and by a company (which meets with the approval of the City) insuring the City, its officers, elected and appointed officers, agents, and employees as additional insureds against Joss or liability which may arise during the work or which may result from any of the work herein required to be done, including all costs of defending any claim arising as result thereof. Minimum general liability insurance shall be not less than $2,000,000 per occurrence and not less than $4,000,000 aggregate. Said policy shall be in favor of Subdivider or its contractors, as primary insureds, and of the City, its officers, elected and appointed officers, agents, and employees, as additional insureds, and shall be maintained in full force and effect during the life of this Agreement, including extensions. Said policy shall state by its terms and by an endorsement that it shall not be canceled until the City shall have had at least ninety (90) days' notice in writing of such cancellation. The Subdivider hereby releases and agrees to defend (with legal counsel selected by Subdivider and reasonably acceptable to the City), indemnify and hold the City harmless from and against any and all injuries to and deaths of persons and injuries to property, and all claims, demands, costs, loss, damage and liability, howsoever the same may be caused and whensoever the same may appear, resulting directly or indirectly from the performance or nonperformance of any or all work to be done in and upon the subject property and the premises adjacent thereto pursuant to this Agreement, and also from any and all injuries to and deaths of persons and injuries to property or other interests and all claims, demands, costs, loss, damage, and liability, howsoever the same may be caused and whensoever the same may appear, either directly or indirectly made or suffered by the Subdivider, the Subdivider's agents, employees, and subcontractors, while engaged in the performance of said work. 18 . Liability of Subdivider: The Subdivider agrees that the use for any purpose and by any person of any and all of the streets, easements and improvements herein specified shall be at the sole and exclusive risk of the Subdivider at all times prior to final acceptance by the City of the completed street and other improvements thereon and therein; provided that acceptance by the City shall in no way eliminate or lessen any of the Subdivider's obligations or undertakings contained in this Agreement. The issuance of any occupancy permits (if granted) by the City for buildings located within said subdivision shall not be construed in any manner to constitute an acceptance and approval of any or all of the required improvements in said subdivision. 19 . Subdivider's Expenses : The Subdivider shall pay these additional expenses: 11 a. The Subdivider shall cause to be made and/or pay for soil tests made by a reputable Geotechnical consultant/firm to determine stability, gradation, bearing, and resistance value of soils within the subdivision from which to determine the nature and design of appropriate improvements. The Subdivider shall also pay for all compaction and related tests necessary to determine that all fill work and the utility trench backfill has been satisfactorily placed. b. All service (including plan check and inspection), impact and connection fees as established by City shall be paid for each lot in the subdivision in accordance with the City Code. c. All actual costs for, design, plan check, development process and inspection incurred by the City in evaluating any proposed or agreed upon change in work. In no event shall Subdivider be entitled to additional inspections or final inspection and acceptance of any of the Works of Improvement until all the City fees and charges have been fully paid, including, without limitation, charges for applicable penalties and additional required inspections. d . Subdivider shall compensate the City for all actual costs reasonably incurred in having its authorized representatives make the usual and customary engineering services beyond the specified 'Time of Completion" referenced in paragraph 3 above. Said actual costs include: inspection of Works of Improvement, engineer design review, plan check and project development process. Subdivider agrees to pay the cost of said the City services within forty-five (45) days of invoice date, or as determined by the City Engineer. 20. Relationship of Contractors : It is hereby mutually covenanted and agreed. by the parties hereto that Subdivider's contractors are not agents of the City, and that the contractors' relations to the City, if any, are those of independent contractors. 21. Certification of Satisfactory Completion : Upon the satisfactory completion of the Works of Improvement by the Subdivider, the City Engineer shall certify that the Works of Improvement have been satisfactorily completed. 22 . Repairs or Reconstruction of Defective Work: If, within a period of one year after the City Council acceptance of the improvement work performed under this Agreement, any of the improvements or work done under this Agreement fail to fulfill any of the requirements of this Agreement, or the specifications referred to herein, 12 Subdivider shall without delay and without any cost to the City (upon receipt of written notice from the City), repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act promptly or in accordance with this requirement after receipt of written notice from the City, or should the exigencies of the case require repairs or replacements to be made before Subdivider can be notified in writing, the City may, at its option, make the necessary repairs or replacements or perform the necessary work and Subdivider shall pay to the City the actual reasonable cost of such repairs plus an amount equivalent to the current general the City overhead costs. 23. Warranty: Without limiting the foregoing, Subdivider warrants and guarantees: materials used and workmanship performed on said Works of Improvement for a period of one (1) year after completion and acceptance thereof by the City, the setting of all required Final Map monuments and agrees to maintain or cause to be maintained all required landscaping in a healthy condition for a period of one (1) year after completion and written acceptance thereof by the Director of Public Works and Utilities. All security instruments shall be submitted to the City in accordance with Section 2 of this Agreement. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law. 24. Default: 24.1 Remedies Not Exclusive: In any case where this Agreement provides a specific remedy to the City for a default by Subdivider hereunder, such remedy shall be in addition to, and not exclusive of, the City's right to pursue any other administrative, legal, or equitable remedy to which it may be entitled. 24.2 City's Right to Perform Work: In addition to whatever other rights or remedies it may have for Subdivider's default hereunder, in the event Subdivider shall fail to timely perform any work required to be performed under this Agreement and such failure shall continue for a period of thirty (30) days after receipt of written notice of default from the City, or thereafter Subdivider shall fail to diligently pursue the cure of any such default to completion , the City shall have the right to enter into the Property and perform any of the uncompleted work by force account or contract or both and thereupon recover from Subdivider and the surety company, or both, the full cost and expense thereby incurred by the City. 24.3 Attorney's Fees and Costs: In the event of any litigation arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security 13 Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney's fees and costs. Such attorney's fees and costs shall include fees and costs on any appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment. 25. Notice of Completion: Upon approval of the Works of Improvement by the City Engineer and acceptance by the City Council, the Subdivider shall file with the Orange County Recorder a Notice of Completion of the improvements herein specified . 26. Filing of Improvement Plans : Upon completion of the job and prior to final acceptance of the Works of Improvement by the City, the Subdivider shall submit to the City Engineer for review and approval, one Mylar (4 mils) set of "record" drawings as well as digital copies of all improvement plans in accordance with the latest edition of the City of San Juan Capistrano Digital Submission Standards. These drawings shall be certified and shall reflect the job as actually constructed , with all changes incorporated therein. 27. Assignment: This Agreement shall not be assignable by Subdivider without written consent of the City, which consent shall not be unreasonably withheld. 28 . Enforcement; No Third Party Beneficiaries. This Agreement may be enforced solely by the City and Subdivider or its assignee . There are no third party beneficiaries of this Agreement. 14 IN WITNESS WHEREOF, two (2) identical counterparts of this Agreement, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Subdivider herein named on the __ day of , 2014, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. --CITY OF SAN JUAN CAPISTRANO- By: __________________ _ Sam Allevato, Mayor "City" ATTEST: By : ____ .:....__ ____________ _ Maria Morris, City Clerk APPROVED AS TO FORM : ____________________ _ Hans Van Ligten, City Attorney --OWNER-- Martin R. Scalzo, Trustee of The Scalzo Family 2003 Trust ------r:-l, v v Its :'~ r. < r/r;.,..t;,e_ Authorized Signatory --- ' (Attach Notary Acknowledgement) ATTEST : Attachments: Exhibit "A"-Exhibit "H" 15 --SUBDIVIDER-- TNHC SAN JUAN LLC, Delaware Limited Liability Company Its : ---------------------Authorized Signatory (Attach Notary Acknowledgement) ATTEST : State of California County of C/t'aflrJe /1' OWNER ACKNOWLEDGMENT On A ll'jtJ.d-').(() r2d l'f before me, ----'~=c=o'-'f-'-r--=Co=...u=l....::.s_o_n_,_,_M____.:'crf.:......:...._a__,r-F-~____..:..,P_u_b_l_/....;;;c.._ (here insert name and title cftthe officer) personally appeared OCJn n a. (Y}. CJ .sfe Y' lh; If ef' who proved to me on the basis of satisfactory evidence to be the person4sfwhose nam~ @are subscribed to the within instrument and acknowledged to me that h@hey executed the same in hi~heir authorized capacity~, and that by his~their signature~ on the instrument the person~. or the entity upon behalf of which the person (,sf 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) 16 SUBDIVIDER ACKNOWLEDGMENT State of California C tyf I"· r ' oun o -~-<L'-'-·'-V( _. ~c \ ('f)\ Cj'\_L.L 1 fJ-oh ;Lr j f>-_ b\l L --, (here insert name and title of the officer) personally appeare d. __ ..!....J..~~.:....__R~c~IM:.:::.·;:;;.-.=.'·_i.._~:....,-.,:,:(__=----------- 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. @ LORI MICHEL ~ Commission # 2030519 ~. Notary Public -California ~ z } Orange County :!: 9 *" , • • 4Ml go(!''U · £Xeir;s j~ zy-}~1 r ( (Seal) 17 Exhibit A WORKS OF IMPROVEMENT CERTIFICATION OF PARTIAL COMPLETION OF SUBDIVISION IMPROVEMENTS FTM 17713 (A Portion of TTM 18146) I hereby certifiy that the following improvements in the Oliva Subdivision Final Tract Map 17713 (A portion of TTM 16146) have been completed, to wit: Schedule of Improvements Total Amount Percent Remaining Amount or Exhibit B Street Improvements Exhibit C Water Improvements Exhibit D Sewer Improvements Exhibit E Drainage Improvements Exhibit F Landscape and Irrigation $ Exhibit G Monumentation $ Exhibit H Public Street Improvements -Del Obispo Total Works of Improvement $ Exhibit B Street Improvements The Performance Bond is for the amount of dollars ..l($.:__ ______ ). The Laborers and Materialmens Bond Is for the amount of dollars ($ ). Exhibit C Water Improvements The Performance Bond Is for the amount of dollars ..1.($.:;....__ ______ ). The Laborers and Materialmens Bond Is for the amount of dollars ($ ). Exhibit D Sewer Improvements The Performance Bond is for the amount of dollars ...1(.:....$ -------). The Laborers and Materlalmens Bond is for the amount of dollars ($ ). Subdlvlllon Improvements Agr .. m•nl Oliva Subdivision, FTM 1n13 (A portion ol TTM 16146) Complete Bond Amount Covered under Separate Agreement and Bonds Covered under Sf!Q_arate Agreement and Bonds Covered under Separate Agreement and Bonds Covered under SElQ_arete Agreement and Bonds 1,774,000.00 0.0% $ 1.774,000.00 24,000.00 0.0% $ 24,000 .00 Covered under Scm_arate ~reement and Bonds 1,798,000.00 o.o%1 $ 1,798,000 .00 Covered Under Separate Agreement and Bonds Covered Under Separate Agreement and Bonds Covered Under Separate Agreement and Bonds Covered Under Separate Agreement and Bonds Covered Under Separate Agreement and Bonds Covered Under Separate Agreement and Bonds 1of2 El<hlbil A Exhibit E Drainage Improvements The Performance Bond is for the amount of dollars ..1($~------'· Covered Under Separate Agreement and Bonds The Laborers and Materialmens Bond is for the amount of dollars ($ ). Covered Under Separate Agreement and Bonds Exhibit F Landscape and Irrigation The Performance Bond is for the amount of dollars ($ 1,774,000.00 One million. Seven Hundred and Seventy-four thousand The Laborers and Material mens Bond is for the amount of dollars ($ 1,774,000.00 ). )ne Million Seven Hundred and Seventy-four thousand Exhibit G Monumentatlon The Performance Bond is for the amount of dollars ($ 24,000.00 ). The Laborers and Material mens Bond Is for the amount of dollars ($ 24,000.00 ). Exhibit H Public Street Improvements • Del Obispo The Performance Bond is for the amount of dollars ..!.{$;::...._ ______ ). The Laborers and Matertalmens Bond is for the amount of dollars ($ ). SUBMITTED BY ENGINEER OF RECORD DATED: ACCEPTED BY lilY DATED: 8 ( e(t1 . .. Subdlvlalon Improvement. Agreement OHvB SubdMIIDn. FTM 17713 (A portion ol TIM 18146) Twenty Four Thousand Twenty Four Thousand Covered Under Separate Agreement and Bonds Covered Under Separate Agreement and Bonds 1, 798,000.00 2of2 Elchlbil A Exhibit B SCHEDULE OF STREET IMPROVEMENTS Owner and Subdivider agree to improve all streets and roads within the Final Tract Map 17713 (A portion ofTTM 16146) of the Oliva Subdivision as required by the City in accordance with the plans and specifications entitled "Improvement Plans for Tract 17713, Street Plan" thereof approved by the City Engineer on July 10, 2014, and as set forth in the following Schedule of Street Improvements: Item Description 4"AC 8"AB 4" ROLLED CURB & GUTTER 4" P.C.C. SIDEWALK 6" CURB & GUTTER "NO OUTLET" (W14-2) SIGN REDWOOD HEADER CONCRETE ROLLED CURB TRANSTION 6" CURB ONLY STD 300 LOCAL DEPRESSION STD 360 STREET LIGHT STREET NAME SIGN R 1 "STOP" SIGN "STOP" PAVEMENT LEGEND & 12" WHITE LINE R6-4 "ROUND ABOUT DIRECTIONAL ARROW' SIGN 4" THERMOPLASTIC "DOUBLE YELLOW' WITH RPM 4" THERMOPLASTIC WITH "DIAGONAL MARKINGS" W6-1 "OBJECT MARKER" SIGN 4" THERMOPLASTIC DOUBLE YELLOW WITH "CHEVRON MARKINGS" R6-5P "ROUND ABOUT" SIGN R1-2 "YIELD" SIGN R4-7C "KEEP RIGHT" SIGN "TYPE VII (L) ARROW' WHITE PAVEMENT LEGEND 4" THERMOPLASTIC "SOLID YELLOW' Subdivision Improvements Agreement Oliva Subdivision. FTM 17713 (A portion of TTM 16146) Quantity 49,250 49,250 2,000 11,815 1,265 1 28 8 337 9 11 4 1 1 3 216 160 3 115 0 2 2 2 2 176 Units SF $ SF $ LF $ SF $ LF $ EA $ LF $ EA $ LF $ EA $ EA $ EA $ EA $ EA $ EA $ LF $ LF $ EA $ LF $ 0 $ EA $ EA $ EA $ EA $ LF $ Unit Cost Total Cost 2.00 $ 98,500.00 1.50 $ 73,875.00 16.00 $ 32,000.00 6.00 $ 70,890.00 20.00 $ 25,300.00 300.00 $ 300.00 10.00 $ 280.00 200.00 $ 1,600.00 15.00 $ 5,055.00 1,400.00 $ 12,600.00 5,000.00 $ 55,000.00 300.00 $ 1,200.00 300.00 $ 300.00 250.00 $ 250.00 300.00 $ 900.00 10.00 $ 2,160.00 3.50 $ 560 .00 300.00 $ 900.00 5.00 $ 575.00 -$ - 300.00 $ 600.00 300.00 $ 600.00 300.00 $ 600.00 200.00 $ 400.00 4.00 $ 704.00 1 of 2 Exh1b1t B Exhibit 8 SCHEDULE OF STREET IMPROVEMENTS Owner and Subdivider agree to improve all streets and roads within the Final Tract Map 17713 (A portion of TTM 16146) of the Oliva Subdivision as required by the City in accordance with the plans and specifications entitled "Improvement Plans for Tract 17713, Street Plan" thereof approved by the City Engineer on July 10, 2014, and as set forth in the following Schedule of Street Improvements: Item Description Quantity Units ACCESS RAMPS CASE C 4 EA 6" THERMOPLASTIC WHITE LINE 132 LF "CROSSWALK" FIRE LANE ENTRY SIGN 1 EA "NO PARKING-FIRE LANE" SIGN 3 EA "BEGIN NO PARKING FIRE LANE" 3 "EA SIGN "END NO PARKING FIRE LANE" SIGN 3 EA SPEED LIMIT SIGN R2-1 "25MPH" 1 EA Subtotal Street Improvement Cost (rounded 1 ,000) 1 0% Contingency Unit Cost $ 1,200.00 $ 4.50 $ 250.00 $ 250.00 $ 250.00 $ 250.00 $ 250.00 10% Soft Cost (CM, lnsp, Survey, Admin) Total Street Improvement Cost The Exhibit B Street Improvement Costs are covered within the Grading Surety Agreement for the Precise Grading Permit with 100% Subdivision Faithful Total Cost $ 4,800.00 $ 594.00 $ 250.00 $ 750.00 $ 750.00 $ 750.00 $ 250.00 $ 393,000.00 $ 39,300.00 $ 39,300.00 $ 472,000.00 Performance and Labor and Material Bonds No. PB 02497500121 as issued on August 14, 2014 which are included herein and made a part of this Subdivision Improvement Agreement thereof upon Approval of the Final Map of Tract 17713 (a portion ofTTM 16146). Subdivision Improvements Agreement Oliva Subdivision. FTM 17713 (A portion of TTM 16146) 2 of2 Exhibit B Exhibit C SCHEDULE OF WATER IMPROVEMENTS Owner and Subdivider agree to install the Water distribution system within the Final Tract map 17713 (A portion of TIM 16146) of the Oliva Subdivision as required by the City in accordance with the plans and specifications entitled "Improvement Plans for Tract 17713, Water and Sewer Plan" thereof approved by the City Engineer on August 04, 2014, and as set forth in the following Schedule of Water Improvements : Item Description Quantity Furnish and Instal 8" PVC Waterline 2,791 Install 1" Water Service 4 Install 1" Water Service 25 Thrust Block 36 Install 2" Blow Off 3 Plug End 1 InstallS" Wedge Gate Valve 7 Plug End with Temp Blow Off 2 Install 1" Air Vacuum Relief 1 Replace 1 0" AC Pavement 690 Replace 14" CMB 690 Install Fire Hydrant 4 Install 1 1/2" Irrigation Service 2 Connect 8" to exist 12" Lateral 1 lnstall16" Resilent Wedge Gate Valve 1 Canst 8" Jacked Water in 16"Steel Case 47 Subtotal Water Improvement Cost (rounded 1 ,000) 1 0% Contingency Units L.F . EA. EA. EA. EA. EA. EA. EA. EA. S.F . S.F . EA. EA. EA. EA. LF 10% Soft Cost (CM, lnsp, Survey, Admin) Total Water Improvements Cost Unit Cost $ 120.00 $ 750.00 $ 750.00 $ 300.00 $ 4,000.00 $ 500.00 $ 5,500.00 $ 2 ,000.00 $ 3,000.00 $ 5.05 $ 2.50 $ 5,000.00 $ 1,000.00 $ 1,500.00 $ 6 ,500.00 $ 450.00 The Exhibit C Water Improvement Costs are covered within the Grading Surety Agreement for the Precise Grading Permit with 100% Subdivision Faithful $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Total Cost 334,920.00 3,000.00 18,750.00 10,800.00 12,000.00 500.00 38,500.00 4,000.00 3,000.00 3,484.50 1,725.00 20,000.00 2,000 .00 1,500.00 6,500.00 21,150 .00 454,179.50 45,417 .95 45,417.95 545,000.00 Performance and Labor and Material Bonds No . PB 02497500121 as issued on August 14, 2014 which are included herein and made a part of this Subdivision Improvement Agreement thereof upon Approval of the Final Map of Tract 17713 (a portion of TTM 16146). Subdivision Improvements Agreement Oliva Subdivision. FTM 1771 3 (A portion of TTM 16146 ) 1 of 1 Ex hibit C Exhibit D SCHEDULE OF SEWER IMPROVEMENTS Owner and Subdivider agree to install the sewer collection and disposal system within the Final Tract Map 17713 (A portion ofTTM 16146) of the Oliva Subdivision as required by the City in accordance with the plans and specifications entitled "Improvement Plans for Tract 17713, Water and Sewer Plan" thereof approved by the City Engineer on August 04 , 2014, and as set forth in the Schedule of of Sewer Improvements: Item Description SEWER IMPROVEMENTS 8" PVC SDR 35 48" STANDARD MANHOLE CONNECT 8" PVC TO EXISTING SEWER MANHOLE REPLACE EXISTING 10" AC PAV~MENT REPLACE EXISTING 14" CMB PLUG END OF LINE 4" PVC SEWER SDR 35 LATERAL SUB-TOTAL SEWER IMPROVEMENTS 1 0% Contingency Quantity 2,045 15 1 2,100 2,100 1 874 10% Soft Cost (CM, lnsp, Survey, Admin) TOTAL SEWER IMPROVEMENTS Unit Unit Price LF $ 80 .00 EA $10,000 .00 EA $ 1,500.00 SF $ 5 .25 SF $ 2 .50 EA $ 500.00 LF $ 30 .00 The Exhibit D Sewer Improvement Costs are covered within the Grading Surety Agreement for the Precise Grading Permit with 100% Subdivision Faithful Total Cost $ 163 ,600.00 $ 150 ,000.00 $ 1,500 .00 $ 11,025 .00 $ 5 ,250.00 $ 500.00 $ 26,220.00 $ 358 ,095.00 $35 ,809 .50 $35,809 .50 $ 430,000.00 Performance and Labor and Material Bonds No . PB 02497500121 as issued on August 14 , 2014 which are included herein and made a part of this Subdivision Improvement Agreement thereof upon Approval of the Final Map of Tract 17713 (a portion ofTTM 16146). Subdivision Improvements Agreement Oliva Subdivision, FTM 17713 (A portio n ofTTM 16146) 1 of 1 Exhibit D Exhibit E SCHEDULE OF DRAINAGE IMPROVEMENTS Owner and Subdivider agree to install the Drainage improvements within the Final Tract Map 17713 (A portion ofTTM 16146) of the Oliva Subdivision as required by the City in accordance with the plans and specifications entitled "Improvement Plans for Tract 17713, Drainage Plan" thereof approved by the City Engineer on July 10, 2014, and as set forth in the following Schedule of Drainage Improvements: Item Description Quantity Unit Unit Price STORM DRAIN IMPROVEMENTS 12" PVC SCH80 20 LF $ 50.00 24" RCP 949 LF $ 120.00 18" RCP 122 LF $ 100.00 JUNCTION STRUCTURE TYPE 4 6 EA $ 3,000.00 CONCRETE COLLAR 3 EA $ 750 .00 30" RCP 122 LF $ 150.00 JUNCTION STRUCTURE TYPE 1 4 EA $ 7,517 .00 BRICK AND MORTAR PLUG 2 EA $ 400.00 CATCH BASIN INLET TYPE II (10') 3 EA $ 6,000 .00 CATCH BASIN INLET TYPE II (21 ') 5 EA $ 8,000.00 CATCH BASIN INLET PER SPPWC STD. 307-3 (14') 1 EA $ 7,000.00 STORMGATE M.H. 1 EA $ 5,500.00 CDS UNIT 3020-6-2 1 EA $ 27,17.5.00 STORMFILTER SF0816 1 EA $ 103,320.00 JUNCTION STRUCTURE TYPE 2 1 EA $ 7,650.00 12" N-12 90 DEG. ELBOW 2 EA $ 50.00 CURB INLET STORMFIL TER SFCI0608 2 EA $ 10,500.00 STORM DRAIN CLEAN-OUT 32 EA $ 1,100.00 6" PVC SCH80 STORM DRAIN 560 LF $ 25.00 8" PVC SCH80 STORM DRAIN 408 LF $ 30.00 JUNCTION STRUC . TYPE 4 PER OCPW STD 1315 14 EA $ 1,500.00 8"x8"x6" TEE PVC 11 EA $ 50.00 SUB-TOTAL STORM DRAIN IMPROVEMENTS 10% Contingency 10% Soft Cost (CM, lnsp, Survey, Admin) TOTAL STORM DRAIN IMPROVEMENTS The Exhibit E Drainage Improvement Costs are covered within the Grading Surety Agreement for the Precise Grading Permit with 100% Subdivision Faithful $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Total Cost 1,000.00 113,880.00 12,200.00 18,000.00 2,250.00 18,300.00 30,068 .00 800 .00 18,000.00 40,000.00 7,000.00 5,500.00 27,175.00 103,320.00 7,650.00 100.00 21 ,000.00 35,200 .00 14,000.00 12,240.00 21,000.00 550 .00 509,233.00 50,923.30 50,923.30 611,000.00 Performance and Labor and Material Bonds No. PB 02497500121 as issued on August 14, 2014 which are included herein and made a part of this Subdivision Improvement Agreement thereof upon Approval of the Final Map of Tract 17713 (a portion ofTTM 16146). Subdivision Improvements Agreement Oliva Subdivision, FTM 17713 (A portion ofTTM 16146) 1 of 1 Exhibit E Exhibit F SCHEDULE OF LANDSCAPE AND IRRIGATION IMPROVEMENTS Owner and Subdivider agree to install the Landscape and Irrigation improvements within the Final Tract Map 17713 (A portion ofTTM 16146) of the Oliva Subdivision as required by the City in accordance with the plans and specifications entitled "Improvement Plans for Tract 17713, Landscape and Irrigation Plan" thereof approved by the City Engineer on August Z 5, 2014, and as set forth in the following Schedule of Landscape and Irrigation Improvements: Item Description Construction Hardscape Interlocking Pavers at Entry Concrete Band (Tan, Medium Wash) Concrete Sidewalks Walls Sign Wall -Slump, Sack and Brick Cap Gate Walls -Slump, Sack and Brick Cap Glass Wall 4' on 18" Slump Wall 6x6x18 Tubular Steel Fence Slump Block Wall Sack Finish Brick Finish Slump Block Wall Mortar Cap Pilaster-Slump Sack Finish Brick Cap Pilaster-Slump Block Slump Cap Site Features Wood Gates Vehicular Wood Door Pedestrian Decortive Light Sconces Landscape Trees Trees (24" box) Trees (36" box) Trees (48" box) Trees (60" box) Trees (72" box) Trees (108" box) Shrubs - 1 gallon Shrubs - 5 gallon Shrubs -15 gallon Subdivision Improvements Agreement Oliva SubdiVIsion, FTM 17713 (A portion of TTM 16146) Quantity Units 1,300 SF 60 LF 14,190 SF 50 LF 140 LF 1,000 LF 2,050 LF 1,867 LF 1,757 EA 34 EA 21 EA 1 ALLOW 1 ALLOW 2 EA Construction Total 195 EA 136 EA 2 EA 1 EA 6 EA 4 EA ·3,348 EA 1,409 EA 345 EA Unit Cost $ 15.00 $ 5.00 $ 6.00 $ 200.00 $ 200.00 $ 65.00 $ 20.00 $ 200.00 $ 80.00 $ 850.00 $ 400.00 $20,000.00 $ 1,500.00 $ 900.00 $ 200.00 $ 700.00 $ 1,250.00 $ 2,500.00 $ 6,500.00 $ 12,000.00 $ 7.50 $ 25.00 $ 60.00 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Total Cost 19,500.00 300.00 85,140.00 10,000.00 28,000.00 65,000.00 41,000.00 373,400.00 140,560.00 28,900.00 8,400.00 20,000.00 1,500.00 1,800.00 823,500.00 39,000.00 95,200.00 2,500.00 2,500.00 39,000.00 48,000.00 25,110.00 35,225.00 20,700.00 1 of 2 Exhibit F Exhibit F SCHEDULE OF LANDSCAPE AND IRRIGATION IMPROVEMENTS Owner and Subdivider agree to install the Landscape and Irrigation improvements within the Final Tract Map 17713 (A portion of TTM 16146) of the Oliva Subdivision as required by the City in accordance with the plans and specifications entitled "Improvement Plans for Tract 17713, Landscape and Irrigation Plan" thereof approved by the City Engineer on August , 2014, and as set forth in the following Schedule of Landscape and Irrigation Improvements : Item Description Quantity Units Ground Covers 128,926 SF Bark Mulch 128,926 SF Automatic Irrigation Shrub Irrigation (spray-head) 150,000 SF 180 Day Maintenance 150,000 SF Fine Grading and Soil Preparation 150,000 SF Landscape Total Subtotal Landscape and Irrigation Improvements Cost 10% Contingency 10% Soft Cost (CM, lnsp, Survey, Admin) Total Landscape and Irrigation Improvements Cost Subdivision Improvements Agreement Oliva Subdivision, FTM 17713 (A portion of TTM 16146) Unit Cost $ 0.35 $ 0.25 $ 1.50 $ 0 .12 $ 0 .18 $ $ $ $ $· $ $ $ $ $ Total Cost 45,124 .10 32,231.50 225,000.00 18,000.00 27,000 .00 654,590.60 1,478,090.60 147,809 .06 147,809.06 1 '77 4,000.00 2 of 2 Exhibit F Exhibit G SCHEDULE OF MONUMENTATION Owner and Subdivider agree to install the Survey Monuments within the Final Tract Map 17713 (A portion of TTM 16146) of the Oliva Subdivision as required by the City in accordance with the Final Tract Map 17713 as approved by the City on June xx, 2014 and as set forth in the following Schedule of Monumentation: · Item Description Monumentation Subtotal Monumentation Cost 10% Contingency Quantity 1 10% Soft Cost (CM, lnsp, Survey, Admin) Total Monumentation Cost Subdivision Improvements Agreement Oliva Subdivision. FTM 17713 (A port1on of TIM 16146) Units LS Unit Cost $ 19,650.00 $ $ $ $ $ Total Cost 19,650.00 19,650.00 1,965.00 1,965.00 24,000.00 1 of 1 Exhibit G Exhibit H SCHEDULE OF PUBLIC STREET IMPROVEMENTS -DEL OBISPO STREET Owner and Subdivider agree to install all public street improvements associated with the Final Tract Map 17713 (A portion ofTTM 16146) of the Oliva Subdivision as required by the City in accordance with the plans and specifications entitled " Del Obispo Street Widening Improvement Plans," thereof approved by the City Engineer on July 10, 2014 and as set forth in the following Schedule of Public Street Improvements -Del Obispo Street: Item Description Quantity Units Unit Cost Total Cost STREET CONSTRUCTION SAWCUT, REMOVE EX. AC COLD PLANE (MILL), VARIABLE VARIABLE THICKNESS OVERLAY 10" AC 14" CMB SIDEWALK 8" CURB & GUTTER TYPE "C-8" TRANSITION 8" TO 6" C&G ACCESS RAMP TYPE 1 6" TYPE A HOT MIX AC BERM LOCAL DEPRESSION RAISE EX. SMH TO GRADE RAISE EX. SDMH TO GRADE STREET LIGHT DETECTABLE WARNING SURFACE R&R TRAFFIC SIGNAL CONDUITS TOTAL STREET CONSTRUCTION Subdivision Improvements Agreement Oliva Subdivision, FTM 17713 (A portion ofTTM 16146) 2196 SF 12966 SF 12966 SF 11656 SF 11656 SF 3428 SF 730 LF 81 LF 2 EA 43 LF 1 EA 2 EA 1 EA 4 EA 2 EA 1111 LF $ 3.88 $ 0.69 $ 2.77 $ 5.25 $ 2.50 $ 4.11 $ 24.63 $ 26.00 $ 1,500.00 $ 18.00 $ 1,408.00 $ 503.00 $ 503.00 $ 5,000.00 $ 250.00 $ 5.00 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 8,520.48 8,946.54 35,915.82 61 '194.00 29,140.00 14,089.08 17,979.90 2,106.00 3,000.00 774.00 1,408.00 1,006.00 503.00 20,000.00 500.00 5,555.00 210,637.82 1 of 3 Exhibit H Item Description STORM DRAIN CONSTRUCTION 18' RCP JUNCTION STRUCTURE TYPE V CATCH BASIN W=7' TRANSITION STRUCTURE BRICK & MORTAR PLUG PIPE ANCHORS CONCRETE COLLAR JUNCTION STRUCTURE TYPE I FIL TERA UNIT, 18'L X 8'H 6" PVC PIPE TOTAL STORM DRAIN CONSTRUCTION Item Description DEMOLITION CONSTRUCTION PROTECT IN PLACE POWER POLE PROTECT EXIST 21' CATCH BASIN REMOVE SIGN REMOVE POWER POLE REMOVE CHAINLINK FENCE REMOVE STORMDRAIN PIPE REMOVE TREE REMOVE MAIL BOX TOTAL DEMOLITION Subdivision Improvements Agreement Oliva Subdivision, FTM 17713 (A portion of TTM 16146) Quantity Units 154 LF 3 EA 1 EA 0 EA 4 EA 2 EA 1 EA 1 EA 1 EA 7 EA Quantity Units 2 EA 1 EA 4 EA 2 EA 398 LF 65 LF 3 EA 1 EA Unit Cost $ 80.00 $ 300.00 $ 7,500.00 $ 6 000 .00 $ 500 .00 $ 1,600 .00 $ 500 .00 $ 8 ,000.00 $32,000.00 $ 20.00 Unit Cost $ 500 .00 $ 250 .00 $ 150.00 $ 2 500 .00 $ 3.00 $ 50.00 $ 250 .00 $ 100.00 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Total Cost 12,320.00 900.00 7,500.00 - 2 000 .00 3 ,200.00 500 .00 8 ,000.00 32,000.00 140.00 66,560.00 Total Cost 1 000.00 250 .00 600 .00 5 000 .00 1,194 .00 3 250 .00 750.00 100.00 12 ,144.00 2 of3 Exhibit H Item Description Quantity Units Unit Cost Total Cost SIGNING AND STRIPING CONSTRUCTION REMOVEEX. CONFLICT STRIPING 3050 LF $ 2 .50 $ PAVEMENT MARKING 11 EA $ 350.00 $ TRAFFIC SIGN 2 EA $ 500.00 $ 4" WHITE STRIPE 125 LF $ 0 .50 $ 4" YELLOW CENTERLINE STRIPE 1154 LF $ 1.75 $ MEDIAN STRIPING 324 LF $ 0.50 $ 6" SOLID WHITE BIKE LANE 1396 LF $ 2.00 $ 8" WHITE LANELINE 370 LF $ 2 .20 $ REMOVE PAVEMENT MARKING 2 EA $ 120.00 $ TOTAL SIGNING AND STRIPING $ EROSION CONTROL CATCH BASIN PROTECTION 2 EA $ 160.00 $ SINGLE ROW GRAVEL BAG BERM 61 LF $ 2.50 $ TOTAL EROSION CONTROL $ TOTAL STREET CONSTRUCTION $ TOTALSTORM DRAIN CONSTRUCTION $ TOTAL DEMOLITION CONSTRUCTION $ TOTAL SIGNING AND STRIPING $ TOTAL EROSION CONTROL $ SUBTOTAL DEL OBISPO WIDENING $ 10% CONTINGENCY $ 10% SOFT COSTS (CM INSPECTION) $ TOTAL DEL OBISPO WIDENING $ The Exhibit H Public Street Improvement Costs -Del Obispo are covered within the Grading Surety Agreement for the Precise Grading Permit with 100% Subdivision Faithful Performance and Labor and Material Bonds No. PB 02497500121 as -issued on August 14, 2014 which are included herein and made a part of this Subdivision Improvement Agreement thereof upon Approval of the Final Map ofTract 17713 (a portion ofTTM 16146). Subdivision Improvements Agreement Oliva Subdivision, FTM 17713 (A portion of TTM 16146) 7,625.00 3 850.00 1,000.00 62.50 2,019.50 162.00 2,792.00 814 .00 240.00 18,565.00 320.00 152.50 472 .50 210 ,637 .82 66 ,560.00 12,144 .00 18 565.00 472.50 308,379.32 30 837.93 30 837.93 370,000.00 3 of3 Exhibit H SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE 66499.2) KNOW ALL MEN BY THESE PRESENTS, that --------- ------------(hereafter designated as "Principal"), agrees to install and complete certain designated public improvements as conditioned by City Council Resolution No. ______ _ WHEREAS, said Principal is required to furnish a bond for the faithful performance to guarantee certain work, more particularly described as follows: NOW, THEREFORE, we, the Principal are held firmly bound unto the City of San Juan Capistrano, (hereafter called "Obligee") in the penal sum of Dollars, ($ _____ _ 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. NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements, and execute a subdivision 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, Page 1 of 2 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. Executed this ______ day of _____________ _ 20 __ , at _______________ , California. PRINCIPAL (NOTARIZATION AND SEAL) APPROVED AS TO FORM : By _______________ __ Hans Van Ligten , City Attorney Page 2 of 2 SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE 66499.2) KNOW ALL MEN BY THESE PRESENTS, that ________ _ ____________ (hereafter designated as "Principal"), agrees to install and complete certain designated public improvements more particularly described as follows: WHEREAS , said Principal is required to furnish a bond for the faithful performance of said improvements; NOW, THEREFORE, we, the Principal are held firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of ------------------Dollars, ($ 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. NOW, THEREFORE, the condition of this obligation is such that if the above bound Principal , his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perform the covenants , conditions and provisions per City Council Resolution No. 05-08-16-03, 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 Page 1 of 3 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 agrees that 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. IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal herein named on the day of _________ _ 20 , 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. Page 2 of 3 APPROVED AS TO FORM: BY ______________________ _ Hans Van Ligten, City Attorney NOTE: Please attach Acknowledgement and Power of Attorney PRINCIPAL (NORTARIZA TION AND SEAL) Page 3 of 3 EXECUTED IN TRIPLICATE SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE 66499.2) Bond No.: PB02497500125 Premium: $360.00/2 yrs. KNOW ALL MEN BY THESE PRESENTS, that TNHC San Juan LLC . a Delaware Limited Liabilty Company (hereafter designated as "Principal"), agrees to install and complete certain designated public improvements as conditioned by City Council Resolution No. 05-12-20-02, as modified or amended by City Council Resolution Nos. 06-07-03-07, 06-11-21-03, 07-04-17-03, 08-09-16-05 & 09-03-17-07 WHEREAS, said Principal is required to furnish a bond for the faithful performance to guarantee certain work, more particularly described as follows: Oliva Subdivision FTM 17713 (A portion ofTTM 16146)-Exhibit G-Monumentation NOW, THEREFORE, we, the Principal are held firmly bound unto the City of San Juan Capistrano, (hereafter called "Obligee") in the penal sum of Twenty-Four Thousand & No/1 OOths Dollars, ($24,000.00 ) 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. NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements, and execute a subdivision 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, Page 1 of2 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. Executed this ..:;;2;;;;;2 .:..:.:nd~----day of ..:...A.:..:.:u.>?..gu::..:s:..:..t ___________ _ 20_14 __ , at Orange , California. SURElY Philadelphia Indemnity Insurance Company ., ~w D. J. Picard, Att;,ney':fri-Fact APPROVED AS TO FORM: By ~-----~~---Hans Van Ligten, City Attorney PRINCIPAL TNHC San Juan LLC, a Delaware Limited Company By: The New Home Company Southern California LLC, a Delaware Limited Liability Company Page 2 of2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT J<.C~'"...<~~A?-""-<7-<:;0...~~;c.~~~<i.~~~~~V<i.~l:.~· .... ~.:; ;· ;<,~...¢'Z?,~~<:~~"'C'~~~~~:(;~ STATE OF CALIFORNIA } County ot Los Angeles On f.ugust ~2" ~91_4:_ before me. Susan E . Morales, Notary Public -Hnro; lu~~n N-=.-:,u.:::O,,~,..:u:::-m::-... Tir.-li:;::l•~c"l tll:;::a:-;CX"',<::x:::C~,.:---------Dd\e. personally appeared _o_._J_. _P_ic_a_r_d ______ _ wl\o provt1tl to me t>n the basis of .;;atisfactory evidence to bo tre. per$on/;(~ who:;B name~ is l am subscribed t<.'1 the witt1in inst(llmenl and acknowledged to me U1a1 IV·illi!t~!lldf.,: exe c ute~ the sanm 11 1 hi /bit~ ~ir autnori.zed c;Jpactty(~i. -and that oy his/lm!<}lXOJix s ignaturef~) on tho instwrnont ti:t-' p rsorl(X), Of tile erallly upon be halt ot whlcl: the petson'(.t) oct .cl , l".XP.Cu l ect II 1 instrum ent I certify under PENALTY OF PERJURY under tre laws of the State of California that the foregoing paragraph is lruc and correct. Witness my hand and official seal /) Signature Jd: 'l!, f'rl (I'IJ..k S,\f ~~"'~'~~ NO'rarf i'· ·~:c --------------OPTIONAL Susan E. Morales , Notary Public T!wugrJ tile information below is not required by law. it may prove vmunble to persons relying on the docurnent and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bond #PB0249750012,.::5 __ _ Document Date : August 22, 2014 Signer(s; other Than Named Above: ~one Capacity(iss) Claimed by Signer(s) Signer's Name : D .J. Picard C Individual C Corporate CF.icer --Titttl(s): ··-·--.. --·-····-·---·-·-· C~ Partr.er --L"! Li;~,ot fl d i.: Gene•al 2; Attorne~: 'n !-act l'!'l!~!!'!!'!!ll'll'll!'l'!l'!f!!'l!'ft'l ,·-_: Trustee i~ Guardian or Conservato r '-_:Other: Signer !s Rcpleseniing: Philadelphia Indemnity i'Jumber of Pages:_2 ___ ". _ Signer's Name : _____ _ C Individual C.: Corporate Officer -T itle(s):. ----~-----·- C Partner-0 LimiteL'\ ~ Gens:ai U Attorney in Fact ,~~~~~~i C Trustee J [J Guardian or Consorvatcr [J Other:_ Signer Is Representing: I Insurance Company .._ ______ ...J EXECUTED IN TRIPLICATE SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE 66499.2) Bond No.: PB02497500125 Premium Included with the Performance Bond KNOW ALL MEN BY THESE PRESENTS, that TNHC San Juan LLC, a Delaware limited liabilty Company (hereafter designated as "Principal"), agrees to install and complete certain designated public improvements more particularly described as follows: Olivia Subdivision FTM 17713 (A portion of TIM 16146) -Exhibit G -Monumentation WHEREAS, said Principal is required to furnish a bond for the faithful performance of said improvements; NOW, THEREFORE, we, the Principal are held firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of Twenty-Four Thousand & No/100ths Dollars, ($24,000 .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. NOW, THEREFORE, the condition of this obligation is such that if the above bound Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perform the covenants, conditions and provisions per City Council Resolution No. 05-08-16-03, 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 Page 1 of 3 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 agrees that 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. IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal herein named on the 22nd day of _A-'ug,_u_st ______ _ 2014 , 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. Page 2 of3 SURETY Philadelphia Indemnity Insurance Company By D. J. p;ooro, A~J./)_ APPROVED AS TO FORM: BY ~--~~~~~~-----Hans Van Ligten, City Attorney NOTE: Please attach . Acknowledgement and Power of Attorney PRINCIPAL TNHC San Juan LLC, a Delaware Limited Company By : The New Home Company Southern California LLC, a Delaware Limited Liability Company (N ~SEAL) Page 3 of3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA } County of Los Angeles On _Augus t _?2 , 2014_ __ before rne , _§usa r:!_ E . Morale~ ~'?t~ry P_ublic Date H1:.;:--:n • tt "t,t·:7,":::.,~~n:::Cc:"'•""1 :17~ .::;;;t-=>•.e:::-.,.7(J'Thp,:::-.;~7. -------- personaily appeared _D.J . Picard who proved m r.-1 e ur. !l'e ba sis ot ~lis factory eviden<:e tc be lt•e p €won ~ whosA narne ~~ Is/all~ subecr iu,~d 10 rh wr.h in ·n rrurn enl un<J cknowl edged I• me U a 1 t ·,e~re/,(!X«~ executed the "arn e In his/oo.ltA~;. au•t·-.o rfz0.d ca p acaty(i~~ fld !h3 by i stlmr.<JI~X ignature(,;) OJ ltll': ort S ITUfn<.inl lhU p · rs(m(x , or tl'l en\ily upon bchalt of whi c 11\e parsoa l(~) act d . execu ed he r~!>t fllm en t . I certify under PENALTY OF PERJURY under tre laws of the .State of Cali'fornia that the foregoing paragraph is irun and correct Witness my hand and olticial seal ~ Signature ~ CVV1 l . nt VI J.-6.o s ... ., .. tur;. at NC:lOr/ run.: OPTIONAL Susan E. Morales , Notary Public ThougfT the information below is not required by law. it may pruve va/u'[{ble to persons relying on the document and could pre''ent fraudulent removal and reattachment of th is form to another document. Description of Attached Document Title or Type of Document: Bond #PB0249750012 ;;.5 __ _ D ocument Date: August 22, 2014 ·-Number of Pag es:_3 __ _ Signer(sJ Othei Than Named Above: No ~------- Capacity(J!u) Claimed by Signer(s.) Signer's Name : .::D~·.::.J :..:. P:...:.::ica~rd=------- :__; Individual L; Corpomte Cfiicer --Title(s): ____________ --·--____ _ C' Partner -C l Lir',oted! : General '] Atrorne1r on Fact l'!l'l'!'I'I!!'!'!!II'I"-'~!!IP.I'~ '; rrvstee i= GuHrdiar. or Conser;atcr :_:Other: Signer ls Repressrting: Philadelphia Indemnity Insurance Company Signer's Name: _____ _ C Individual c_: Cmpural& OHicor-Title(s): C Partner-CJ Limited ::J Ge~e'ai c~ ~;~:::/in Facl. .P.!."'-!!'Ij~~l!"!'''lltffl"ill'!ti!l'!i!l'!li!'f!'! [J Guardian or Conservator ~P cf thumb h~ 0 Other: S1gner Is Repmso:nting: PHILADELPHIA INSURANCE COMPANIES ;. \!•:•• .,.::: PHILADELPHIA INDEMNITY INSURMICE COMPANY 231 St Asaph's Rd, Suite 100 Ba1a Cyn.,.,yd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA I~DEMNITY 1:\SURA;I;CE COMPANY (the Company), a CofJJOration organized and existing under the laws ofthe Commonwealth of Pennsylvania, does hereby constitute and appoint: TODD M. ROHM, CHERYL'"· THOMAS, O .• J. PICARD A;'llO BEATA A. SENSI OF ROHM INSLRANCE AGENCY Its true and lawful Attorney (s) in fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and wr1tings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $5,000,000.00 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the II'" day of July, 2011 RESOLVED: FliRTHER RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (\) Appoint Attomey(s) in fact and authorize the Attorney(s) in Fact to execut~ on behalf or the Company bonds and undertakings, contracts of indemnity and other writmgs obligatory in the nature thereof and to auach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given Ar1d, be it That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facs imile sig,-.aturcs and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached IN TESTIMONY WHEREOF. PHILADELPHIA INDE!ViNITY INSURANCE COMPANY HAS CAUSED HilS INSTRUiY!ENT TO BE SIGNED AND ITS CORPORATE SEAL TO BF AFrlXED BY ITS AUTHORIZED OFFICE THIS !81 " DAY Of JULY, 2011 Christopher J Maguire President Philadelphia lndemn1ty Insurance Company, a Pennsylvania Corporat;on On this 18 TH day of July 2011, before me came th~ individual who executed the precedmg mstrument. to me personally knov.n. and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPIDA INDE:VL'\lTY INSLRANCE COMPANY. that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signatme were duly affixed ~J-PP.~-· '~---- I, Craig P Keller, Executive Vice President, Chief financial Officer and Secretary of PHJLADELPHIA INDEMNITY fNSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on th1s 1ST" day of July 20 II arc true and correct and are still in full force and effect I do further certify that Christopher J Maguire, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attomey the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, [n Testimony Whereof! have subscribed my name and affixed the facsimile seal of each Company this __ll]:l<L_ day of __ J.I,:',.!$\!§._1: ______ 20 ~4 Executive Vice President, Chief Financial Officer & Secretary EXECUTED IN TRIPLICATE SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE 66499 .2) Bond No.: PB02497500123 Premium: $26,610.0012 yrs. KNOW ALL MEN BY THESE PRESENTS, that TNHC San Juan LLC, a Delaware Limited Liabilty Company . (hereafter designated as "Principal"), agrees to install and complete certain designated public improvements as conditioned by City Council Resolution No . 05-12-20-02, as modified or amended by City Council Resolution Nos. os:o7 -o3-o7, oe-11-21-03, o7 -04-17 -o3, oa-o9-1a-os & o9-o3-17 -o1 WHEREAS, said Principal is required to furnish a bond for the faithful performance to guarantee certain work, more particularly described as follows: Oliva Subdivision FTM 17713 (A portion ofTTM 16146)-Exhibit F-Landscape & Irrigation NOW, THEREFORE, we , the Principal are held firmly bound unto the City of San Juan Capistrano, (hereafter called "Obligee") in the penal sum of One Million Seven Hundred Seventy-Four Thousand & No/100ths Dollars, ($1 ,774 ,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. NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements, and execute a subdivision agreement, then the obligation shall be hull 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, Page 1 of 2 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. Executed this _2_2n_d _____ day of _A_u=gu_s_t ___________ _ 20_14 __ , at -'-O_ra_n_,.g'-e _____________ , California . SURETY Philadelphia Indemnity Insurance Company By : ~:>1f D. J . Picard , Attorn ey-in-Fad APPROVED AS TO FORM: By __ ~---~~-- Hans Van Ligten, City Attorney PRINCIPAL TNHC San Juan LLC , a Delaware Limited Company By: The New Home Company Southern California LLC, a Delaware Limited Liability Company Page 2 of2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA On _f\u9:ust 2..?.!.._?_91_,!_ __ D.a.te personally appeared D.J. Picard } -------- wht' proveJ tc.> 1111: or1 the ba, s of sati "'f ctory evidence !ti bo 1t•e per '•Jn~ w t ,osF.I nan t;!{ol;);) rsJa~>l sub~c rit,...,d 10 11 1r" with in ins rr urnoni end acknowledged l me liar 1 1c;~ru,f,(~~t< executod the SDme m his/~~~)( authoriz-er I capa~ny(i.ll.·>i and that by fli!l/1 7ml(.ll OOX vignature{,.;) c):l ihO ifiSirtJIMtll \l !e p rson(~j. of he en tl !y upon t>ehalt ol wh ch thl>' person(:(i } actou , execlrleL1 rt.e n. trunrent . I certify under PENALTY 01-PERJURY under tre laws of t~1e State of Cali·fornia that the foregoing paragraph is true and correct. Witness my hand and official seal /7 Srgnat1:re;d'uoc:;m l . f11 en ~ S:-: r WJ~ ~1-Nc-mr:t ? r.:l : ---------------OPTIONAL Susan E . Morales, Notary Public TiloiJgh ff1e information below is not reqvired by law. it mEry prvve valuable to persons relying on ihe document and could prevent fraudulent removai and reattachment of this form to another document. Description of Attached Document Title or Type of Docu ment: Bond #PB02497500123 Document Date: August 22, 2014 Signer(s) Other Than Named Above: _N_o_n_e ______ _ Capac!ty(ies:) Claimed by Signer(s) Signers Name: D .J . Picard C lndiv!dual [::; Cor;Jorato Officer-Titie(s): ___ ~ S Partner· Ci liMttcd: : Ger.eral ':E Attorney in Fact ·-~ Truste?. i.J Guardian or Conservatcr i.·.; Other : Signe r is Hepreseniing Philadelphia Indemnity -l~surance Compa~y ! I _j Signer's f\Jame: _____ _ C Individual c_; Corporaie Officer-Title(s):. --------· C Partner-0 Limited -:.J Gene•ai :_J AHornD'i in Fact C Trustea [j Guardian or Con:1crvator 0 OH1 er:_ ~--- Signer Is Representing : D.1lJ PHILADELPHIA !t:.!l INSURANCE COMPANIES PHILADELPHIA INDEMNITY INSURANCE COMPANY 231 St. Asaph's Rd, Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS : That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Compar1y), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint : TODD M. ROHM, CHERYL L. THOMAS, D.J. PICARD AND BEATA A. SENSI OF ROHM INSURANCE AGENCY Its true and lawful Attomey (s) in fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its bu siness and to bind the Company thereby, in an amount not to exceed $5,000,000.00 This Power of Attorney is granted and is signed and sealed by fucsimile under and hy the author ity of the following Resolutio n adopted by the Board of Directors of PHILADELPHIA INDEMNlTY INSURANCE COMPANY at a meeting duly called the ll'h day of July, 2011 RESOLVED: FURTHER RESOLVED: That the Board of Directors hereby authorizes the Preside at or any Vice President of the Company to: (1) Appoint Attorney(s) in Fact and authorize the Attomcy(s) in Fact to execute on behalf of the Company bonds and undertakings. contracts uf indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And, be it That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached !N TES11MONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNf:D AND ITS CORPORATE SEAL TO BE AFFIXED BY ITS AliTHORlZED OFFICE TillS l8rH DAY OF JULY. 2011. Chri~1:opher J Maguire President Philadelphia Indei!Ulity Insurance Compan y, a Pennsylvania Corporation On this 18TH day ofJuly 201 [,before me came the individual who executed the preceding instrument, to me personally known , and being by me duly swam said that he is the therein described and authorized officer of the PHILADELPHIA lNDEM.'IiiTY INSURANCE COMPANY; that Lhe seal affixed to said instmmcnt is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed rce::\-J-PB=-~-· ~ l, Craig P. Keller, Executive Vice President, Chief Financial Officer and Secretary of PHILADELPHIA lNDEMNlTY INSURANCE COMPANY, do herby certifY that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 18TH day of July 20llare tme and correct a.1d are still in full force and effect [do further certifY that Christopher J. Maguire, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 2 2nd day of .. A:\!&1:!.~ ! ____ 20_)[.. Executive Vice President, Ch ief Financial Officer & Secretllry EXECUTED IN TRIPLICATE SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE 66499.2) Bond No.: PB02497500123 Premium Included with the Performance Bond KNOW ALL MEN BY THESE PRESENTS, that TNHC San Juan LLC, a Delaware Limited Liabilty Company (hereafter designated as "Principal"), agrees to install and complete certain designated public improvements more particularly described as follows: Olivia Subdivision FTM 17713 (A portion ofTTM 16146)-Exhibit F-Landscape & Irrigation WHEREAS, said Principal is required to furnish a bond for the faithful performance of said improvements; NOW, THEREFORE, we, the Principal are held firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of One Million Seven Hundred Seventy-Four Thousand & No/1 Oaths Dollars, ($1 ,774 ,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. NOW, THEREFORE, the condition of this obligation is such that if the above bound Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perform the covenants, conditions and provisions per City Council Resolution No. 05-08-16-03, 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 Page 1 of 3 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 agrees that 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. IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal herein named on the 22nd day of _A_,ug=-u_st ______ _ 20_14 __ , 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. Page 2 of3 SURETY Philadelphia Indemnity Insurance Company APPROVED AS TO FORM: BY ____ ~~~~~~---- Hans Van Ligten , City Attorney NOTE: Please attach Acknowledgement and Power of Attorney PRINCIPAL TNHC San Juan LLC, a Delaware Limited Company By : The New Home Company Southern Ca li fornia LLC, a Delaware Limited Liability Company (NO~) Page 3 of3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF' CALIFORI'JIA } On A ug~st22,2014 ··--before me, ~u,san E. Morales_, N 2~ry P ~blic 1 11'-"' -, ...... : ·: ~:::,-:;.,-,.~"'7"' ";=:,;;:;,,.-::,,~, ,:::"'_::->~. vr:·;"':·~~:-·-c:-=-· --------Daie personall·y appeared D .J . Picard --:'ia,~6!3) c~ 5 'J(lE.t{;r---------------- •u h, prr:Nt.H.l to r• 1c vrs th e basi o f .:; 1is fa c tory evide11ce to be tn e p .r ·on~ w H)Sfl nmne ~~ t F ax~ sui sc:r ill ud tv th.: ~ iU11t ln::.tn unm l imd acknowr dgeo t n 't€l :hat hr:m!)'t«(Q!~)< execu te d th e S<lmf: tn l"ri$1~~ >r au thoriz.e t.l capacttyi).•,X' and th~11 O'JI i s'l):t;l.ti~>..lli,; s:gnatu re($) c 1trt! ms lr w. ·~n t 11:1 o ·.r~~nt x , or th~ ~!1"1 11 y upon behalf ol· wll ocn u,e p ersw ~) ,a<; d. o E":cu:ed the ir:strume nl. I certify under PENALTY OJ· PERJURY under tre laws of the. State oi California that the foregoing paragraph is true and correct \!Vitness my hand and 0tficiai seal 12 Signatl ;re _.kf_@flro -i!_, fY2 VI b ;•I JQ.11..11 .. • . ..: ~· 'j ;.:i&Jil;O:: ---------------OPTIONAL Susan E. Morales, Notary Public Though rhe information below is not required by law. it may prove valuable to persons relying on the document and could prevent frau.ju/er.t rem ov-al and reattachment of this form to another document. Description of Attached Document Title or Type of D ocument: Bond #PB02497500123 __ Doc ument Date: Au ust 22, 2014 Signer(s; Other Than ~Jamed Abo,Je: ~on ~ Capacity(iwl:) Claimed by Signer(s) Signer's Name : D.J. ~c:.;:a~rd~ C Individual C Corporate Cfiicer-Title(s): _ .. __ ~:::: Partner-· [I Ut'li\ed i .: Ger \e!al !]; A tiorn"'~.-: n t-act 1"!!1'!!!1'11!!!'!!'!!1'1'1'1!1!'1'!'1'!1'!!111~ '~ TrusteP. !....1 Gur.udian or Consorvato1 c.: Other· Sign er is Rsprssen\ing: Philadelphia Indemnity Insurance Company -------Number of Pages: __ 3 _, __ Signer's NnmB: __________ _ C Individual [_""! CurpvralG Officer · ·-Title(s):_ _ __ _ C Partn!lr-0 Lirr1ited-:_] Germ'ai ~ ~:~~~::y in Fact ~.!!tf'!!II~IPh!!~~~PPY,II~'t!li~~hl'!l~l'!l~~~~lft!!'J [J Guardian or Con:1nrvator I Top of thumi:l ~~~ rl Other: I Signer Is Rcpr~);;emin g: V!J PHILADELPHIA !t:;!l INSURANCE COMPANIES PHlLADELPHlA INDEMNITY INSURANCE COMPANY 231 St Asaph's Rd, Suite I 00 Bala Cynwyd, P A i 9004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY [the Company), a corporation orgamzed and existing under the laws of the Commonwealth of Pennsylvania, does h.ereby constitute and appomt: TODD M. ROHM, CHERYL L. THOMAS, D.J. PICARD AND BEATA A. SENSI OF ROHM INSURANCE AGENCY Its true and lawflJI Attorney (s) in fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof; issued in the course of its business and to bind the Company thereby, in an amount not to exceed $5,000,000.00 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the ll'h day of July, 2011 RESOLVED: FURTHER RESOLVED : That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attomey(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writmgs obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And, be it That the signatures of such officer.; and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED A"Nl) ITS CORPORATE SEAL TO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 18 1H DAY OF JULY, 2011 Christopher J Maguire President Philadelphia Indemnity Insurance Company, a Pennsylvania Corporation On this 18r" day of July 2011, before me came the individual who executed the precedmg mstrument. to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY: that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly aCfixed [,Craig P Keller, Executive Vice President, Chief financial Officer and Secreta1y of PHILADELPHIA INDEMNITY INSURANCE COMPA.i'IY, do herby certifY that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on th1s 18TH day of July 20llare true and correct and are still in full force and effect I do further certify that Christopher J Maguire, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY. In Testimony Whereof! have subscribed my name and affixed the facsimile seal of each Company this 22nd day of. A1,!gyjl..1.._ __ ~ 20_l4 Executive Vice President, Chiefi'inancial Officer & Secretary RECORDING REQUESTED BY: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AND WHEN RECORDED, MAIL TO: Maria Morris, City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Exempt from Recording Fees: Gov Code 27383 & 6103 City of San Juan Capistrano This Space for Recorder's Use Only Title of Document: AGREEMENT ESTABLISHING SOILS SUBSIDENCE REMIDIATION PROGRAM FINAL TRACT MAP 17713 ATTACHMENT 3 recording REQUESTED BY: City of San Juan Capistrano WHEN RECORDED MAIL TO: City of San Juan Capistrano Attn: City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY [EXEMPT FROM RECORDER'S FEE PURSUANT TO GOVERNMENT CODE SECTI ON 27383) AGREEMENT ESTABLISHING SOILS SUBSIDENCE REMEDIATION PROGRAM THIS AGREEMENT ESTABLISHING SOILS SUBSIDENCE REMEDIATION PROGRAM ("Agreement") is entered into as of A ~-\-;;c:; , 2014 ("Effective Date") , by and among TNHC SAN JU LLC, a De laware limited liability company ("Developer"), Oliva Maintenance Corporation, a California nonprofit mutual benefit corporation ("Association") and the CITY OF SAN JUAN CAPISTRANO ("City"), (Developer, Association and the City are each a "Party" and collectively, the "Parties") , and pertains to that certain real property more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference ("Property"). RECITALS This Agreement is made with reference to the following facts: A. Developer is in the process of developing the Property as a common interest development, more particularly described in Section 4175 of the California Civil Code as a "planned devel- opment" (hereinafter referred to as the "Project 11 ), consisting of single-family detached homes, landscaped areas and other improve- ments, in the City of San Juan Capistrano, County of Orange, State of California . References in this Agreement to "Lots" or "residential Lots" or "individually owned Lots" shall mean and refer to a Lot for residential purposes described and or depicted on a final map for the Property, and defined in the Declaration. References to "Common Area" or "Common Area lots or pp.rcels" in this Agreement shall mean and refer to real property designated "Common Area" or "Association Maintenance Areas" in the Declaration defined below. B. On September 15, 1987, the City Council ("Council") of the City passed, approved and adopted Ordinance No. 605 ("Original Ordinance"), requiring that certain residential development in the City include a Soils Subsidence Remediation Program. On November 15, 2002, the Council passed, approved and adopted Ordinance No. 869 ("Amended Ordinance"), amending Title 9 of the San Juan Capistrano Municipal Code to add Section 9-3.545, entitled "Soils Subsidence Remediation Program" and deleting Title 8, Chapter 10 of the San Juan Capistrano Municipal Code as established by the Original Ordinance. C. The City approved Tentative Tract Map No. 16146 (e.g., Final Tract Map 17713) and all applicable conditions of approvals associated with such map, i.e., City Council Resolution Nos. 05-12- 20-02, 09-03-17-07, and 07-04-17-03. D. The Association is a California nonprofit mutual benefit corporation which will own the Common Area within the Property and will serve as the homeowners' association for the residents of the Property. E. In compliance with Title 9, Section 9-3.545 of the San Juan Capistrano Municipal Code, Developer is required to establish and the Association is required to operate a Soils Subsidence Remediation Program. The City also requires the Developer and the Association to enter into this Agreement. This Agreement shall set forth the terms for the implementation of a Soils Subsidence Remediation Program ("Soils Subsidence Remediation Program") with respect to the Property. F. In addition, the Property will be subject to the terms of that certain Declaration of Covenants, Conditions, Restrictions and Reservation of Easements for Oliva recorded substantially concurrently herewith ("Declaration") . G. The Parties hereto desire to enter into this Agreement as it relates to the Soils Subsidence Remediation Program only and as it relates solely to the Property, to, among other things, more clearly set forth the rights and obligations of the Parties with respect to the Soils Subsidence Remediation Program. H. By entering into and recording this Agreement, Developer satisfies in full with respect to the Property (i) all conditions of approval relating to the Soils Subsidence Remediation Program, (ii) all requirements of the Amended Ordinance, and (iii) all conditions and requirements of the City in any way relating to any soils subsidence remediation programs at any time implemented by the City. 2 AGREEMENT 1. Definitions. Defined terms whose initial letters are capitalized herein shall have the meanings given to such terms as set forth in this Agreement, including on Exhibit "B" attached hereto (if not already defined in the text of this Agreement or the Declaration) . 2. Soils Subsidence Remediation Program. 2.1 Soils Subsidence Remediation Proqram and Term. Developer is required to impose on the Property a Soils Subsidence Remediation Program. This Agreement sets forth the above-referenced Soils Subsidence Remediation Program as it relates to the Property. 2. 2 Developer Repair Period. Pursuant to Municipal Code Section 9-3.545 c(1)C, Developer shall be responsible for making all "Covered Repairs" necessitated by Soils Subsidences (as defined in Exhibit "B") at its sole expense during the "Developer Repair Period, " which commences on the date of completion of rough grading of the entire site, and continues until the later of the third anniversary of completion of rough grading, or the date of the last close of escrow for the sale by Developer of a Lot in the Property. Notwithstanding this foregoing, Developer shall have the right to reduce or set off its payment obligation for any Covered Repair to the extent the Covered Repair is caused by the negligence or willful act of the City, the Association, members or the Association, Owners of Lots in the Property, or guests and invitees of Owners. In such event Developer shall have every remedy available under this Agreement and applicable law to cause the City, the Association, or the responsible Owner (as applicable) or ·individual to contribute to the actual costs of making the Covered Repair, to the extent the damage is caused by the City, Association or the responsible Owner, as applicable. If, during the Developer Repair Period, the Developer fails to make Covered Repairs as provided herein, then the City shall have the remedies provided in Section 6.3 below (subject to notice and hearing and dispute resolution processes described in Section 6), including the right to draw upon the Developer Repair Period Security to pay the actual costs of making Covered Repairs. 2.3 Long-Term Covered Repairs; Administration After Developer Repair Period. Upon the expiration of the Developer Repair Period and continuing through the Soils Subsidence Remediation Period, the Association shall assume and perform all its obligations under this Agreement, and the Developer shall have no further obligations under this Agreement. In addition: 3 .. (a) Covered Repairs necessitated by Soils Subsidences occurring between the expiration of the Developer Repair Period and the end of the Soils Subsidence Remediation Period are 11 Long-Term Covered Repairs,11 the actual cost of which shall be paid from the Surficial Soils Subsidence Fund (defined in Section 2.4) to the extent funds are available; and (b) As of the date of this Agreement, the City is considering the formation of a Geologic Hazard Assessment District ("GHAD") for the Property, which, if formed, will have responsibility for performing or causing the performance of such Long-Term Covered Repairs. If the GHAD is formed, it shall, in accordance with Municipal Code Section 9-3.545{c)(l)(A), be activated on the first Long-Term Covered Repair, and the GHAD's actual costs incurred in making such Long-Term Covered Repairs shall be paid from the Surficial Soils Subsidence Fund. 2.4 Surficial Soils Subsidence Fund. No later than the expiration of the Developer Repair Period, Developer shall establish and fund a restricted reserve account in the name of the Association ( 11 Surficial Soils Subsidence Fund 11 ) • The Surficial Soils Subsidence Fund shall be regulated, funded and used as follows: (a) In accordance with Section 9.3-545 of the San Juan Capistrano Municipal Code, Developer shall deposit in the Surficial Soils Subsidence Fund good funds in the amount of the Project Fund Amount as defined in Exhibit "B," and the City shall concurrently exonerate the Developer Repair Period Security described in Section 6 below; (b) Funds deposited in the Surficial Soils Subsidence Fund shall be applied only to actual costs incurred in making Long-Term Covered Repairs, and to the reasonable costs incurred by the Association's Claims Adjuster (as defined in Section 4.2) in reviewing claims for Long-Term Covered Repairs. (c) The Surficial Soils Subsidence Fund shall be put under the control of the Association to be managed and funded by it as a restricted reserve fund; (d) The Association shall maintain the balance of the Surficial Soils Subsidence Fund at no less than the Project Fund Amount. Subject to Section 7.1 below, the Association shall levy Special Assessment~ against the Lots as necessary to maintain the balance of Surficial Soils Subsidence Fund and to pay for Long- Term Covered Repairs to the extent funds in the Surficial Soils Subsidence Fund are insufficient to cover the actual costs thereof; 2.5 Applicability of Soils Subsidence Remediation Program. The slopes which are subject to the Soils Subsidence 4 Remediation Program ( 11 Covered ·Slopes") are shown on Exhibit 11 C11 attached hereto. 2. 6 Reserved Riohts. Developer and the Association reserve the right to assert claims against any person or entity responsible in whole or in part, by reason of negligence or willful misconduct of the person or entity against whom the claim is asserted, for displacement of soil on the slopes, whether covered by the Soils Subsidence definition or not, including without limitation, claims against one another. These reserved rights are subject to all applicable statutes of limitation, including without limitation, the ten (10) year limitations period provided by Section 337.15 of the California Code of Civil Procedure and the Right to Repair Law provided in Title 7, Section 895 to 945.5 of the California Civil Code. 2.7 Insoection and Reoair Riohts. The Association and GHAD (if formed) shall have licenses or nonexclusive easements to enter onto Common Area and individual Lots to inspect and repair (if necessary) all landscaping, irrigation and drainage devices, and all other natural and artificial conditions which affect or might affect the integrity of Covered Slopes. 2.8 Prior Review of Owner Improvements. Any proposed alterations by Owners to the landscaping, grading, irrigation or drainage installed on Covered Slopes on individually owned Lots shall be subject to prior review and approval by the Association and the City. 3. Claims Procedures and Adjustments During Developer Repair Period. During the Developer Repair Period, the Soils Subsidence Remediation Program shall be administered by the Developer. 4. Claims Procedures and Adjustments After Expiration of Develooer Repair Period. After expiration of the Developer Repair Period and continuing through the Soils Subsidence Remediation Period, the Soils Subsidence Remediation Program shall be administered by the Association. The Association shall retain the services of an independent Claims Adjuster (defined below) for all Long-Term Covered Repairs in accordance with the requirements set forth in Section 4.2 below. The Claims Adjuster shall be responsible to adjust all claims for work which are claimed to be within the coverage of this program. Claims asserted to be within the coverage of this program will be processed on forms substantially in the form attached hereto as Exhibit 11 D 11 and filed with the Claims Adjuster, who will promptly adjust such claims after obtaining an analysis on the scope and cost of completing all necessary repairs. Funds in the Surficial Soils Subsidence Fund shall be applied to the cost of the Claims Adjuster's services. 5 4.1 Notice of Claim. In the event any Party receives notice of a claim that a Soils Subsidence has occurred, such Party shall give all other Parties written notice of such claim setting forth the name and address of the claimant and the nature and extent of the claim to the extent such information is available. 4.2 Claims Adjuster. Within fifteen (15) days after receipt of any such notice, the Association shall select an independent and reputable claims adjusting service, geologist and/or soils engineer (duly licensed to the extent required) with experience in handling soils and Soils Subsidence matters (referred to herein as a "Claims Adjuster"). (a) The Claims Adjuster shall be responsible for promptly investigating, allocating responsibility for, and adjusting all claims which allege that a Soils Subsidence has occurred that is within the coverage of the Soils Subsidence Remediation Program. After reasonably appropriate investigation and analysis, the approved Claims Adjuster shall determine, among other things: ( i) whether the claim is covered by Subsidence Remediation Program and if so, then the estimated cost of the Covered Repairs, the Soils scope and (ii) who has responsibility under this Agreement for actually performing the Covered Repairs or causing them to be performed, and (iii) who has under this Agreement the financial responsibility for the requisite Covered Repairs. (b) The Claims Adjuster shall complete its analysis as soon as reasonably possible and shall thereupon issue a written report to all of the Parties to this Agreement, which written report shall set forth its findings on the issues referred to above and such other matters as the Claims Adjuster deems appropriate. {c) The Parties agree that they shall promptly comply with the decisions and findings of the Claims Adjuster as set forth in such report. The Parties intend that the decisions and findings of the Claims Adjuster shall be deemed binding upon them and shall be enforceable against them by a court of competent jurisdiction and any Party failing to comply with such decisions and findings of the Claims Adjuster as they affect such Party shall be liable for damages and all other relief as may be determined appropriate by a court of competent jurisdiction. 5. Grace Period. A Party shall only be deemed in default under this Agreement if such Party fails to perform any of its duties or obligations under this Agreement and such failure is not 6 cured within thirty (30) days after written notice of such failure has been given to such Party. If such failure cannot reasonably be cured within thirty (30) days after the giving of such notice, then said Party shall not be deemed in default under this Agreement if such Party commences to cure the failure within said thirty (30) day period and thereafter diligently and in good faith continues to prosecute such curative action to completion. The notice of failure referred to in this Section 5 shall specify the alleged failure in detail. 6. Security for Developer's Obligations. 6.1 Developer Repair Period Security. Developer shall guaranty and secure performance of its obligations under Section 2.2 above by one of the following alternatives (each, "Developer Repair Period Security"), at the option of Developer with the approval of the City: (a) Corporate sureties in form reasonably approved by the City Attorney with a face amount of the lesser of $31,390.80 or $0.30 per square foot of the Covered Slopes, representing the fully funded amount of the Surficial Soils Subsidence Fund, together with funds representing premiums for annual renewal of the security during the three-year term of the Developer Repair Period; or (b) A deposit of cash in the amount of $31,390.80, either with a responsible escrow agent or trust company, of money or negotiable bonds of the kind approved for securing deposits of public moneys; or (c) An instrument of credit in the face amount of $31,390.80, from one or more financial institutions subject to regulation by the state or federal government, pledging that the funds necessary to carry out the Soils Subsidence Remediation Program during the Developer Repair Period are on deposit and guaranteed for payment. 6.2 Release of Developer Repair Period Security. The Developer Repair Period Security is subject to release pursuant to the requirements and procedure set forth in Municipal Code Section 9-3. 545c (2) D (ii). 6.3 Riqhts of City Upon Default. If Developer, during the Developer Repair Period in accordance with Section 2.2 above, or the Association, during the period subsequent to the Developer Repair Period pursuant to the terms of Section 2.3 above, fails to perform its obligations as required under those Sections, the City Attorney shall provide written notice to Developer or the Association (as applicable) of such failure and provide Developer or the Association (as applicable) with an opportunity to cure in accordance with Section 5, above. In the event Developer or the 7 Association (as applicable) does not cure its failure of performance within the cure period, then the Council may, by resolution or other official Council action, after a noticed public hearing, authorize the Public Works Director ("Director") to draw upon the Developer Repair Period Security (in the case of a Developer default during the Developer Repair Period) or the Surficial Soils Subsidence Fund (in the case of an Association default) to pay for the required work or otherwise cure the default hereunder ("Authorized Monies") . The Surficial Soils Subsidence Fund and the Developer Repair Period Security shall be vested such that the Director can access such funds or security after such Council action and submittal to dispute resolution (if requested by a Party) pursuant to Section 6.5 below. 6.4 Public Hearinq. Developer or the Association (as applicable) will be entitled to reasonable notice of such public hearing, will have the right to appear at the hearing where the Council action is considered, and will be entitled to assert any and all defenses which Developer or the Association (as applicable) may possess as to such Council action including, without limitation, a claim that the work proposed to be performed is not within the scope of this Agreement or is not reasonably necessary. 6. 5 Dispute Resolution. In the event of a dispute between the City and Developer or the Association (as applicable) involving any aspect of the penalty provided for herein including, without limitation, the propriety of the Council action provided for herein, such dispute shall be resolved by a judicial reference pursuant to Section 8 below. 7. Special Assessments to Replenish the Surficial Soils Subsidence Fund. Following the expiration of the Developer Repair Period and the concurrent initial funding by Developer of the Surficial Soils Subsidence Fund, the Association shall automatically assume responsibility for administration of the Soils Subsidence Remediation Program and the Surficial Soils Subsidence Fund. The Association's obligations include the ongoing obligation throughout the remainder of the Soils Subsidence Remediation Period to assess the Lots and Owners in the Property as necessary to maintain at least the Project Fund Amount in the Surficial Soils Subsidence Fund. ·Notwithstanding anything in this Agreement to the contrary, the Association shall be under no obligation to impose any special assessment to pay for a Long-Term Covered Repair except in accordance with provisions in the Declaration or applicable section of the California Civil Code statutes. 7.1_ Replenishment Following Long-Term Covered Repairs. If payments for Long-Term Covered Repairs cause the balance in the Surficial Soils Subsidence Fund to fall below the Project Fund Amount described in Exhibit "B,'' then, within a reasonable period determined by the Board in exercise of its business judgment and with the consent of the City (all subject to the provisions of the 8 Declaration and California Civil Code Section 5600 et seq. and successor statutes), the Association shall restore the total amount in the Association's Surficial Soils Subsidence Fund to the Project Fund Amount by assessing the Owners and their Lots. 7.2 Special Assessment to Make Lonq-Term Covered Repairs. In the event a Long-Term Covered Repair is determined by the Claims Adjuster (described below) to be necessary, but funds available in the Surficial Soils Subsidence Fund are insufficient to cover the cost of such Long-Term Covered Repair, then the Association shall specially assess the Owners at a rate sufficient to cover the cost of such Long-Term Covered Repair within a reasonable period determined by the Board in exercise of its business judgment and with the consent of the City (all subject to the provisions of the Declaration and California Civil Code Section 5600 et seq. and successor statutes). In the alternative, the Association's Board may, in the exercise of its business judgment and with the consent of the City, elect to defer such Long-Term Covered Repair to the extent necessary to first accumulate within a reasonable period of time (determined by the Board in exercise of its business judgment and subject to the provisions of the Declaration and California Civil Code Section 5600 et seq. and successor statutes) sufficient funds to cover the costs thereof and then to replenish the balance of the Surficial Soils Subsidence Fund to at least the Project Fund Amount. 7.3 Cessation of Special Assessments when Project Fund Amount Reached. Except in the event that the estimated cost of Long-Term Covered Repairs exceed the Project Fund Amount, the Association may cease levying and collecting special assessments when the total balance of the Association's Surficial Soils Subsidence Fund reaches the Project Fund Amount. 7.4 Responsibility of the Association and its Board of Directors. The Association and its Board of Directors shall be responsible for establishing and maintaining the Association's Surficial Soils Subsidence Fund as herein provided, and for levying and using best efforts to collect special assessments to restore the balance of the Surficial Soils Subsidence Fund as herein provided. 8. Dispute Resolution. Any dispute arising out of this Agreement, but excluding any construction defect claims or right to repair claims made under Sections 895 to 945.5 of the California Civil Code, shall be resolved in accordance with the article in the Declaration entitled "Dispute Resolution." 9. Miscellaneous. 9.1 Additional Limitations on Soils Subsidence Remediation Proqram. Nothing to the contrary in this Agreement withstanding, it is agreed that: 9 (a) The Soils Subsidence Remediation Program provided herein expressly excludes Soils Subsidence or any other soils or earth movement or failure of slopes, regardless of cause, not expressly referred to herein, and any and all resulting damage, whether arising out of covered Soils Subsidence or not. (b) In no event will performance of repair work by any person or entity or any other circumstances extend the Developer Repair Period provided herein. 9.2 Reservations of License and Right to Enter. (a) There is hereby reserved for the benefit of Developer and its successors, and the Association, and their respective contractors and agents, a license and right to enter onto the Common Areas and individually-owned Lots within the Property so that Developer or its successors and the Association and their respective contractors and agents may (i) inspect all landscaping, irrigation and drainage devices, and all other natural and artificial conditions which affect or might affect the integrity of the Covered Slopes, and (ii) perform the duties of Developer (during the Developer Repair Period) and the Association (after the Developer Repair Period) to the full extent provided for herein. (b) Appropriate provisions in the grant deeds will grant the Developer and the Association and their respective contractors and agents a license and right to enter onto the Common Areas and individually-owned Lots of the Property so that the Developer, the Association and their respective contractors and agents may inspect, maintain and repair the Covered Slopes to the full extent provided for herein. 9. 3 Review and Aooroval by Association. Any proposed alterations by homeowners or any other person or entity to the landscaping, grading, irrigation or drainage on the residential Lots or Common Areas will be subject to review and approval by the Board of the Association and/or by its Architectural Review Committee. 9.4 Reference in Deeds. The grant deeds for the residential Lots will reference this Agreement and the Soils Subsidence Remediation Program provided herein. The provisions of this Agreement constitute covenants running with the land and an equitable servitude as to the real property referenced herein. 9.5 Collection and Reoortino. The Board of the Association will be responsible for the imposition and collection of special assessments to replenish the Surficial Soils Subsidence Fund, and for accounting for such special assessments and interest thereon. The Board of the Association will report to Developer and to the City the incidence of covered and non-covered claims during the 10 reporting period, as well as the balance in the Association's Surficial Soils Subsidence Fund as of the date of the report. Such reports will be made on or before January 31 and July 31 of each year. The Boards will also provide to Developer at its request, and to the City at the City's request, any further information, documentation and cooperation as is reasonably necessary to effectuate the purposes of this Agreement. 9.6 Further Acts. The Parties to this Agreement agree to perform such other and further acts and execute such other and further documents as are necessary to effectuate the intent of this Agreement. 9.7 Headings. The headings in this Agreement are inserted for convenience and identification only and are in no way intended to describe, define or limit the scope, intent or interpretation of this Agreement or any provisions hereof. 9.8 No Representations. No Party or any agent, employee, representative, or attorney of or for any Party has made any statement or representation to any other Party regarding any fact relied upon in entering into this Agreement, and no Party relies upon any statement, representation or promise of any other Party or of any agent, employee, representative or attorney of any other Party, in executing this Agreement, or making this settlement provided for herein, except as expressly stated in this Agreement. 9. 9 Entire Aqreement. This Agreement is the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and discussions. This Agreement may be amended only by an agreement in writing among Developer (or its successors in interest or assignees), the City, and the Association. 9.10 Binding Upon Successors. and shall inure to the benefit respective successors and assigns. This Agreement is binding upon of the Parties hereto, their (a) This Agreement is binding upon Developer's successors in interest or assignees as to the Property, and any or all of them. (b) Effective upon the sale or other conveyance of the Property or any portion thereof in bulk, Developer will be relieved of its obligations under this Agreement as to the real property so sold or conveyed, to the extent that such obligations are assumed in writing by Developer's successors in interest or assignees, including without limitation the obligation to provide security for the Developer Repair Period herein. Upon the City's receipt of reasonably adequate substitute security from any assuming Party, the Developer's Security or the appropriate pro rata portion 11 thereof shall be appropriately released and exonerated to Developer by the City. 9.11 Construction of Aoreement. Each Party has cooperated in the drafting and the preparation of this Agreement. Hence, in any construction to be made of this Agreement, the same shall not be construed against any Party. This Agreement shall be construed under California law. 9.12 Counterparts. This Agreement may be executed in counterparts, and when each Party has signed and delivered to the other at least one such counterpart, each counterpart shall be deemed an original, and when taken together with the other signed counterparts, shall constitute one agreement, which shall be binding upon and effective as to all Parties. 9.13 Severability and No Waiver. The invalidity or unenforceability of any provision of this Agreement shall not invalidate or render unenforceable any of the other provisions of this Agreement. No waiver of any provision of this Agreement shall constitute a waiver of any other provision, nor shall any such waiver constitute a continuing waiver unless otherwise agreed in writing. 9. 14 Termination. Unless otherwise agreed among the Parties, this Agreement shall automatically terminate upon expiration of the Soils Subsidence Remediation Period, at which time the obligations on the part of the Association (or its successors in interest or assignees) will automatically terminate, and any unused funds remaining in the Surficial Soils Subsidence Fund shall be applied to such purposes as the Association deems necessary or desirable in the business judgment of its Board. This Agreement shall not be deemed terminated as provided in this Section 9.14 as to obligations and liabilities arising because of Slope Subsidence occurring prior to the expiration of the Soils Subsidence Remediation Period so long as a good faith written claim with respect to such Slope Subsidence has been received by the Parties prior to the expiration of the Soils Subsidence Remediation Period. 9.15 Notices. Any notice which either Party may desire to give to the other Party must be in writing and may be given by personal delivery, by mailing the same by registered or certified mail, return receipt requested, postage prepaid, or by Federal Express or other reputable overnight deli very service, or by facsimile or other reliable electronic type mail system to the Party to whom the notice is directed at the address of such Party hereinafter set forth, or such other address and to such other persons as the Parties may hereafter designate. Any such notice shall be deemed given upon receipt if by personal delivery, forty- eight (48) hours after deposit in the United States mail, if sent 12 by mail pursuant to the foregoing, or twenty-four (24) hours after deposit with Federal Express or other reputable overnight delivery service, or twenty-four (24) hours after transmission by facsimile or other reliable electronic type mail system. To Developer: TNHC SAN JUAN LLC c/o The New Home Company 95 Enterprise, Suite 325 Aliso Viejo, CA 92656 Attention: David J. Mello, Jr., Senior Project Manager Copy To: Gallagher & Moore 2 Park Plaza, Suite 680 Irvine, CA 92614 Attention: Fred Moore To the City: The City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Public Works Director Facsimile: ( 949) 493-1251 To Association: Oliva Maintenance Corporation Copy To: The City of San Juan Capistrano 32400 Paseo ·Adelanto San Juan Capistrano, CA 92675 Attn : City Attorney 13 IN WITNESS WHEREOF, this Agreement was executed on the date first above written. City : The City of San Juan Capistrano BY : Name: Attest BY: Developer : TNHC SAN JUAN LLC, a Delaware limited liability company Title: Authorized Signatory Association: Oliva Maintenance Corporation a California nonprofit mutual benefit corporation :~~~a~ TIL . Title: f'ltatPt$.17 :~~e ,~l~.l Title: V .-y., f?..,..._s ~ d2.Jz._, 14 STATE OF CALIFORNIA COUNTY OF ORANGE \ .L c-! """" f' r:t ([tv J 1tJb \ !(/ On jy,)a cb• d'::> , 201..!:t_, b e for e me , \,...<A~ 1 1 \..IV f I Nam e of Officer \D CD \3<zc w ,fz_ , 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. LORI MICHEL Commission# 2030519 Notary Public -California § Orange County ~ My Comm . Expires Jul 20, 2017 SEAL) 15 STATE OF CALIFORNIA COUNTY OF ORANGE On Wt¥1t>6 d~ , 20lti , before me, Loa\ COLciv<L blu{u(t ru ~\tC ( ~N~-~nd Titl~ ?~~f ~icer personally appeared \::oJ.d :S, \f'rl\O ,J , ~ J-P..X(\U~ W!X:(ll.QXt(['(j who proved to me on the basis of sat i s f actory evidenc e 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 . .-21317 .FCM 070214 16 LORI MICHEL Commi ssion # 2030519 Notary Public ·California ~ Orange County ~ My Comm. Ex pires Jul 20, 2017 (SEAL) STATE OF CALIFORNIA COUNTY OF ORANGE On _______ , 201 , before me, Name and Title of 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 of Notary Public (SEAL) 17 EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY The Property is more particularly described as that certain real property located in the City of San Juan Capistrano, County of Orange, State of California, more generally described as: Tract No. 17713, in the City of San Juan Capistrano, State of California, as per map recorded in Book , Pages through , inclusive, of Miscellaneous Maps, in the Office----of the County Recorder of , said County. 18 EXHIBIT "B" DEFINITIONS The defined terms set forth below shall have the definitions given to them herein: "Amended Ordinance" shall have the meaning given to such term in Paragraph B of the Recital to the Agreement. "Amending Resolution" shall have the definition given to such term in Paragraph C of the Recitals to the Agreement. "Association" shall mean Oliva Maintenance Corporation, a California nonprofit mutual benefit corporation. "Authorized Monies" shall have the meaning given to it in Section 6. 3 of the Agreement. "Board" shall mean the Board of Directors of the Association. "City" means the City of San Juan Capistrano, California . "Claims Adjuster" shall have the meaning given to such term in Section 4.2 of the Agreement. "Common Area" shall have the meaning given it in Preamble Paragraph A. "Council" shall have the meaning given to it in Paragraph "B 11 of Recitals of the Agreement. "Covered Repairs" shall mean repair of damage to Lots, structures, Common Area or public/private improvements necessitated by Soils Subsidences. "Covered Slopes" means certain slopes described in Section 2. 5 of the Agreement and shown on Exhibit "C" attached hereto. "Declaration" shall have the meaning given to it in Paragraph "E 11 of Recitals of the Agreement. 11 Developer" means TNHC SAN JUAN LLC, a Delaware limited liability company and its successors (as described in Section 9 .10) . "Developer Repair Period" shall have the meaning given it in Section 2.2. "Developer Repair Period Security" shall have the meaning given it in Section 6.1. 19 "Director" shall have the meaning given to it in Section 6.3 of the Agreement. "Effe~tive Date" is defined in the first paragraph of this Agreement. "Geologic Hazard Assessment District" or "GHAD" has the meaning given it in Section 2.3(b). "Long-Term Covered Repair" shall have the meaning given it in Section 2. 3 (a) . "Lot" or "residential Lot" shall have the meaning given it in Preamble Paragraph A. "Project Fund Amount" means $23,543.10, which is 75% of the fully-funded Surficial Soils Subsidence Fund balance. "Property" means that certain real property more pa~ticularly described on Exhibit "A" attached hereto. "Soils Subsidence" is defined in San Juan Capistrano Municipal Code Section 9. 3-545 (c) (2) (A) as a catastrophic displacement of a Covered Slope at a depth up to three feet with a vertical movement of one foot or more, regardless of cause. Soils Subsidence does not include surface cracking and fissures, including desiccation cracks, or erosion (defined as the wearing away of surface of the slope, as opposed to movement of the slope, resulting from the force of water, wind, persons, or vehicles moving over the surface, unless erosion ultimately results in displacement) . Surficial damage shall be considered catastrophic if due to the extent of movement, funds in the Surficial Soils Subsidence Fund are not sufficient to repair the damage. "Soils Subsidence Remediation Program" shall have the meaning given to it in Paragraph C of the Recitals. "Soils Subsidence Remediation Period" means the period of time commencing on the Effective Date and ending on the lOth year thereafter. "Surficial Soils Subsidence Fund" is defined in Section 2.4 of this Agreement. The fully-funded balance of the Surficial Soils Subsidence Fund is $31,390.80, which is attributable to 104,636 square feet of Covered Slopes at the City-determined reserve amount of $0.30 per square foot of Covered Slopes. 20 EXHIBIT "C" COVERED SLOPES 21 Exhibit C HOA MAINTAINED SLOPES & SLOPES GREATER THAN 5' IN HEIGHT TRACT 17713 ' I ~~~~~~~~~~~=~~-~~~~-:~--~--------~ • I . -{· ·: J . : _:} ··.: i ". ' . '-------: r -· . ~-1' : 1 :. • -, -,,_ .. · ., • ·I 1 • ·1 · ' . \_, '--"'\J; \ _ i .. . i l . TR !1655 i . -~ ---~-~-~ : '<. LOT5 1-9 ' •. -. .-.:-:.-TR 16146 • ---~----' ''I -----b : .. _-:,. , .~: -~ LOTS 23-31 : r ,, -<{!' -... '· . . ' · . · . I ' TR 16 146 t. ~---. I II LOTS 23-J i \ . -·. ·-• l l t _,. ·--.:......,_?\': I ' • '·~ I : )~<~~ ·~ . . ,., ~ ·' ?h ,. , ' ,, ~~ /y ,,X'· -0!;] -. ·.~ -' ·'t• •• r; _, ~ --·. p '·p-·-. !: ., i -:. ~ --. ____.,.----.,.. '~~ ·Q. ~. \ } 1 ·r ., • I I '~ \. .._;,·~ I· LEGEND ~ TRACT 17713 104,636 SQ. FT. H.QI£;, / ,• '~ ~, THE: DE:PICTIONS HE:RE:ON ARE: FOR ILLUSTRATIVE: PURPOSE:$ ONLY AND THE: AS-BUILT CONDITION BY DE:CLARANT SHALL BE: CONTROLLING PLOTTED BY' Mandy Jonoan llAli: Jun lO, 201< OS ,D2 ·•? AJI tilE· r\07.l0\E'ng!n~e r1fl'l\Sl\.l614&\Exn HOA\E>h C_J77ll-S1opu .<>~9 TO: EXHIBIT 11 D 11 NOTICE OF CLAIM FOR LONG-TERM COVERED REPAIR OLIVA NOTICE OF CLAIM UNDER SOILS SUBSIDENCE REMEDIATION PROGRAM FROM: CLAIMS ADJUSTER (Name) (Address) (City, ZIP) (Name) (Address of Claim Property) (Mailing Address if different from above) (Phone) This Notice of Claim is made in accordance with the terms of the Agreement Establishing Soils Subsidence Remediation Program ("Slope Agreement") governing the remediation of certain Covered Slopes in the Oliva community in the City of San Juan Capistrano. Owners are advised that the Soils Subsidence Remediation Program applies only to "Covered Slopes" identified on Exhibit C to the Slope Agreement. Claims for damage unrelated to Covered Slopes, Claims otherwise found to be outside the coverage of the Slope Agreement, and Claims for damage found to be caused by the Owner through negligence or willful act will be rejected. Owner agrees to cooperate with requests for entry made by the Claims Adjuster, Developer and GHAD personnel (as applicable) in connection with the investigation of this Claim and any and all remediation work that may be ordered in connection therewith. Capitalized terms used in this Notice of Claim are defined in the Slope Agreement, if not otherwise defined herein. The above-named Owner hereby requests the Claims Adjuster to investigate, allocate responsibility for, and adjust the following claim in connection with a "Soils Subsidence," as defined in San Juan Capistrano Municipal Code Section 9.3-545(c) (2) (A). Description of Claim (attach extra pages, including damage estimates, if necessary): Location of Claimed Damage (attach extra pages or maps if necessary) : 22 Owner Signatures: Date: Date: NOTE: Signature Print Name Signature Print Name There are additional pages attached to this Notice of Claim . 23 m z 0 r 0 (/) c :Il m SHEET 1 OF 7 SHEETS 22 NUMBERED LOTS AND 3 LETTERED LOTS ACREAGE: 1\281 ACRES TRACT NO. 17713 ACCEPTED AND RLED AT THE REQUEST OF FlRST AWERJCAN nn.E COWPANY (A PORTION OF lENTATlVE TRACT NO. 18Me) IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE. STATE OF CAUFOANlA. DATE: ---------------------- BEING A M&WI8ION OF PORTION OF PARCEL 4 OF PARCEL MofiP NO. 117-226 AS P£A MAP FilED IN IIOOK 316, PAGES 21 THROUGH 23, INCLUSIVE, OF PARCEL MAPS, TOGETHER WITH THOSE PORTIONS OF LOT 85 OF TRACT NO. 103 AS PER MAP ALED IN BOOK 11, PAGES 29 THROUGH 33, INCLUSIVE,. OF M18CEL.LANEOUS MAPS, BOTH IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. TIME: RI:S ~------- INSTRUMENT NO. --------- BOOK PAGE -------- HUGH NGUYEN COUNTY CLERK -RECORDER HUNSAKER AND ASSOCIATES IRVINE,. INC. BY DEPUTY ROBERT L WHEELER IV, LS. 8639 DATE OF SURVEY: SEPTEMBER, 2013 OWNERSHIP CERTIFICATE: WE, THE UNDERSIGNED, BEING All PARTIES HAVING ANY RECORD TITLE INTEREST IN THE LAND COVIERED BY THIS MAP, DO HEREBY CONSENT TO THE PREPARATION AND RECORDATION OF SAID UAP, AS SHO\\oN l'llTHIN THE DISTINCTIVE BORDER LINE. THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED TO THE PUBLIC AS AN EASEMENT FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES: DEL OBISPO STREET. WE HEREBY DEDICATE TO THE CITY OF SAN JUAN CAPISTRANO: 1. THE EASEUENT FOR STORt.l DRAIN PURPOSES OVER LOT A, AS SHO\\oN ON SAID t.IAP. 2. THE EASEMENT FOR EUERGENCY AND PUBLIC SECURITY INGRESS AND EGRESS, DOMESTIC WATER SYSTEM AND APPURTENANCES, PUBLIC UTILITY, AND SANITARY SEWER PURPOSES OVER ALL PRIVATE STREETS AS SHO\\oN ON SAID MAP. 3. THE 3' WIDE PUBLIC UTILITY EASEMENT AND INGRESS/EGRESS PURPOSES AS SHOWN ON SAID MAP. 4. THE PERPETUAL NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS, AND DOMESTIC WATER SYSTEM AND APPURTENANCES INCLUDING FIRE HYDRANT LOCATIONS, AS SHOWN ON SAID t.IAP . 5. THE WATER RIGHTS INCLUDED WITHIN OR APPURTENANT TO THE LAND LYING WITHIN THE DISTINCTIVE BORDERLINE OF THIS TRACT. WE HEREBY RELEASE AND RELINQUISH TO THE CITY OF SAN JUAN CAPISTRANO ALL VEHICULAR AND PEDESTRIAN ACCESS RIGHTS ALONG DEL OBISPO STREET, EXCEPT AT APPROVED ACCESS LOCATIONS AND STREET INTERSECTIONS. TNHC SAN JJAN ULC. A DELAWARE UlotiTED UABIUTY COioiPANY BY·~ • NAME:/iWi TITLE:~ DONNA lot. OSTERWILL£R AND FREDERICK SCALZO AS CO-TRUSTEES OF THE MARnN E. AND MARION E. SCALZO 1987 TRUST U/D/T DATED JANUARY 27, 1987. ~~~~ \iAiol~ .~~~~·NAME:'"--.T=1iiiC) ~ 11 , r//~ TITLE: ~~,e..·~ NOTARY ACKNOWLEDGMENTS: STAlE Of' CALIFORNIA lss. COUNTY Of' $li\I~··Mf ON ~J ... 11.1K'i BEfORE loiE, ¥-c\, ~lC.O\s.l)o. .... "Y NOTARY PUBLIC, PERSONALLY APPEARED frcdy(CIL.TS<•\~ MiD PROVED TO liE ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) MiOSE NAioiE(S) IS/ARE SUBSCRIBED TO THE WITH IN INSTRUMENT AND ACI<NO~DGEO TO liE THAT HE/SHE/THEY EXECUTED THE SAioiE IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR S!CNATURE(S) ON THE INSTRUioiENT THE PERSON(S), OR THE ENTI'TY UPON BEHALF OF YttliCH THE PERSON(S) 1\CTED, EXECUTED THE INSTRUioiENT. I CER'!lFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND: SIGNATURE ~~ AJ~~ NOTARY PU NAND fOR SAIDAlE ~.,\, W\c.e~ ~\'-a, ' (NAioiE PRINTED) ' STATE OF CALIFORNIA }ss. COUNTY OF ,,..,., .. MY PRINCIPAL PLACE OF BUSINESS IS IN Q,;\l<hr' j K COUNTY. MY COioiMISSION EXPIRES: t.lo\l.Z.ft2o\l- loiY COiolloiiSSION ND: 'tO'!>O"i':)f> ON ""'II, HI!# BEFORE ME, Sc.rl+ C.M.I,p/1 NOTARY PUBLIC, PERSONALLY APPEARED 0.!1M M ds.l.,_ tttj//oer" WHO PROVED TO ME ON THE BASIS OF SA TI SFACTORY E'<lOENCf: TO BE lljE PERSON~ WH~AME~ IS/ARE SUBSCRIBED TO THE§. IN INSTRUioiENT AND ACI<NO\Ili.DGED TO ME THAT HE/I EY EXECUTED THE SAUE IN HIS EIR AUTHOR IZED CAPACITY~. AND THAT BY HIS THEIR SIGNATURE~i!') ON THE INSTR T THE PERSON~. OR THE ENTITY UPON BEHALF OF H THE PER~ ACTED. EXECUTtD THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. l'llTNESS MY HAND: SIGNATURE ~ NOTARY PUBLIC IN AND FOR SAID STATE Sc. • .,.,.. Go.JS#n. {NAME PRINTED) MY PRINCIPAL PLACE OF BUSINESS IS IN cb'\fC COUNTY. loiY COMMISSION EXPIRES:1W 2~2Q%~ loiY COMioiiSSION N.0: :l_QJI/ ,, SEE SHEET 2 FOR SIGNATURE OMISSIONS SURVEYOR'S STATEMENT: THIS t.IAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREt.IEI>lTS OF THE SUBDIVISION IIAP ACT AND LOCAL OROINANCES AT THE REQUEST OF TNHC SAN JUAN LLC, A DELAWARE LIMITED LIABILITY COMPAI>lY IN SEPTEMBER, 2013. I HEREBY STATE THAT ALL IIONUt.IENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED, OR THAT THEY l'llLL BE SET IN SUCH POSITIONS WITHIN 90 DAYS AFTER ACCEPTANCE OF IMPROVEioiENTS; AND THAT SAID MONUMENTS ARE SUmCIENT TO ENABLE THE SUR~ TO BE RETRACED. I HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP. /z-~ 07/z'f/ 1'/- ROBERT L. YMEE!.ER IV, L.S. 6639 DATE COUNTY SURVEYOR'S STATEMENT: I HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND HAVE FOUND THAT ALL MAPPING PROVISIONS OF THE SUBDI\o1SION MAP ACT HAVE BEEN COioiPLIED WITH AND I AM SATISFIED SAID MAP IS TECHNICALLY CORRECT RELATIVE TO THE TRACT MAP BOUNDARY. DATED THIS AY OF 2014. KEVIN R. HILLS, COUNTY SURVEYOR LS. 6617, EXPIRA liON DATE: 12-31-15 BY: CRAIG S. WEHRMAN, CHIEF DEPUTY SURVEYOR CITY ENGINEER'S STATEMENT: I HEREBY STATE THAT I HAVE EXAt.IINED THIS MAP AND HAVE FOUND THAT IT TO BE SUBSTANTIALLY IN CONFORMANCE WITH THE TENTATIVE MAP, IF REQUIRED. AS FILED WITH, AMENDED AND APPROVED BY THE CITY COUNCIL; THAT ALL PROVISIONS OF THE SUBDIVISION loiAP ACT AND CITY SUBDIVISION REGULA liONS HAVE BEEN COMPLIED l't1TH AND THE MAP IS TECHNICALLY CORRECT IN ALL RESPECTS NOT STATED BY THE COUNTY SURVEYOR . DATED THIS DAY OF 2014. GEORGE ALVAREZ, R.C.E ;i125161 REGISTRATION EXPIRES 12/31/15 CITY ENGINEER CITY OF SAN JUAN CAPISTRANO CITY CLERK'S CERTIFICATE: STATE OF CALIFORNIA ~ CITY OF SAN JUAN CAPISTRANO ss. COUNTY OF ORANGE I HEREBY CERTIFY THAT THIS MAP WAS PRESENTED FOR APPROVAL TO THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO AT A REGULAR MEETING THEREOF HELD ON THE ==:;:---,:=- DAY OF 201 4. AND THAT THEREUPON SAID COUNCIL DID, BY AN ORDER DULY PASSED AND ENTERED, APPROVE SAID MAP AND DID ACCEPT ON BEHALF OF THE PUBLIC, SUBJECT TO IMPROVEMENTS, THE EASEMENT DEDICATION FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES: DEL OBISPO STREET. AND DID ACCEPT ON BEHALF OF THE CITY OF SAN JUAN CAPISTRANO: 1. THE EASEMENT FOR STORM DRAIN PURPOSES OVER LOT A, AS DEDICATED. 2. THE EASEMENT FOR EMERGENCY AND PUBLIC SECURITY INGRESS AND EGRESS, DOMESTIC WATER SYSTEM AND APPURTENANCES, PUBLIC UTILITY, AND SANITARY SEWER PURPOSES OVER ALL PRIVATE STREETS, AS DEDICATED. 3. THE 3' WIDE PUBLIC UTILITY EASEioiENT AND INGRESS/EGRESS PURPOSES, AS DEDICATED. 4. THE PERPETUAL NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS AND DOMESTIC WATER SYSTEM AND APPURTENANCES INCLUDING FIRE HYDRANT LOCATIONS, AS DEDICATED. 5. THE WATER RIGHTS, AS DEDICATED. 6. THE VEHICULAR AND PEDESTRIAN ACCESS RIGHTS ALONG DEL OBISPO STREET, AS RELEASED AND RELINQUISHED . WE HEREBY ABANDON, PURSUANT TO SECTION 66434{g) AND SECTION 66499.20 1/2 OF THE SUBDIVISION MAP ACT, ALL PUBLIC STREETS AND PUBLIC EASEt.IENTS WITHIN THE BOUNDARY OF THIS MAP WHICH WERE ACQUIRED BY THE CITY OF SAN JUAN CAPISTRANO, AS SUCCESSOR IN INTEREST TO THE COUNTY OF ORANGE RECORDED FEBRUARY 17, 1897 IN BOOK 29, PAGE 389 OF DEEDS AND BOOK 420, PAGE 430 RECORDED OCTOBER 15, 1930 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA, NOT SHOWN ON THIS MAP. WE ALSO HEREBY ABANDON, PURSUANT TO SECTION 66434(g) AND SECTION 66499.20 1/2 OF THE SUBDIVISION MAP ACT, ALL PUBLIC STREETS AND PUBLIC EASEMENTS WITHIN THE BOUNDARY OF THIS MAP WHICH WERE ACQUIRED BY THE CITY OF SAN JUAN CAPISTRANO RECORDED JULY 11, 1972 IN BOOK 10216, PAGES 748, 752 AND 756, ALL OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA, NOT SHOWN ON THIS MAP. AND DID ALSO APPROVE SUBJECT MAP PURSUANT TO THE PROVISIONS OF SECTION 66436(a)(3)(A) OF THE SUBDIVISION MAP ACT. DATED THIS DAY OF 2014. MARIA MORRIS, CITY CLERK CITY OF SAN JUAN CAPISTRANO COUNTY TREASURER-TAX COLLECTOR'S CERTIACATE: STATE OF CALIFORNIA }ss. COUNTY OF ORANGE I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF MY OFFICE THERE ARE NO LIENS AGAINST THE LAND COVERED BY THIS t.IAP OR ANY PART THEREOF FOR UNPAID STATE, COUNTY, MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSI.4ENTS COLLECTED AS TAXES, EXCEPT TAXES OR SPECIAL ASSESSMENTS COULECTED AS TAXES NOT YET PAYABLE. AND DO CERTIFY TO THE RECORDER OF ORANGE COUNTY THAT THE PROVISIONS OF THE SUBDIVISION MAP ACT HAVE BEEN COioiPUED 'MTH REGARDING DEPOSITS TO SECURE PAYMENT OF TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES ON THE LAND COVERED BY THIS MAP. DATED THIS DAY OF 2014. SHARI L FREIDENRICH BY:"DnEP"U"'TYV"'iT"RE"'A""s"'u"'RE""R;"TTA"X:;--;:C"'OL'LE"'C"'To;;On-R COUNTY TREASURER TAX COLLECTOR SHEET 2 OF 7 SHEETS 22 NUMBERED LOTS AND 3 LETTERED LOTS ACREAGE: 1\281 ACRES TRACT NO. 17713 (A PORTION OF TENTATIVE TRACT NO. 18148) IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CAUFORNIA HUNSAKER AND ASSOCIATES IRVINE, INC. ROBERT L WHEELER IV, LS. 8839 DATE OF SURVEY: SEPTEMBER, 2013 SIGNATURE OMI8SIOHS: PURSUANT TO 1HE PRO'IISIONS OF SECTION 66436 (aX3)(A)i(C) OF 1HE SUBDI'IISION MAP ACT, THE FOllOWING SIGNATURES HAI!t: BEEN OMiffiD: 1HE TRABUCO WAllER COMPANY, HOLDER OF AN EASEMENT FOR DITCHES ANO INCIDENTAL PURPOSES RECORDED JJLY 26, 1892 IN BOOK 64, PAGE 202 AND FEBRUARY 10, 1896 IN BOOK 22, PAGE 341, B01H OF DEEDS. (NOT PLOTIABL£) CITY OF SAN JUAN CAPISTRANO, AS SUCCESSOR IN INTEREST TO THE COUNTY OF ORANGE, HOLDER OF AN EASEMENT FOR ROAD AND INCIDENTAL PURPOSES RECORDED FEBRUARY 17, 1897 IN BOOK 29, PAGE J89 OF DEEDS. (NOT PLOTIABLE) SAN OIECO CONSOLIDATED GAS & ELECTRIC COMPANY, HOLDER OF AN EASE~ENT FOR WIRE PURPOSES RECORDED JANUARY 3, 1918 IN BOOK 317 PAGE 71 OF DEEDS. CITY OF SAN JJAN CAPISTRANO, AS SUCCESSOR IN INTEREST TO 1HE COUNTY OF ORANGE, HOLDER OF AN EASEUENT FOR ROAD PURPOSES RECORDED OCTOBER 15, 1930 IN BOOK 420, PAGE 4JO OF OFFICIAL RECORDS. SAN DIEGO GAS It ELECTRIC COWPANY, HOLDER OF AN EASEMENT fOR POLE LINES AND CONDUITS ANO INCIDENTAL PURPOSES RECORDED JJNE 1, 1962 IN BOOK 6130, PAGE 475 OF OFFICIAL RECORDS. CITY OF SAN JJAN CAPISTRANO, HOLDER OF AN EASEliENT FOR STREET AND HIGHWAYS AND INCIDENTAL PURPOSES RECORDED JULY 11, 1972 IN BOOK 10216, PAGE 748 OF OFFlCIAL RECORDS. CITY OF SAN JJAN CAPISTRANO, HOLDER OF EASEMENTS FOR SLOPE EASEMENT AND INCIDENTAL PURPOSES RECORDED JULY 11, 1972 IN BOOK 10216, PAGES 752 AND 756 OF OFFlCIAL RECORDS. llt:Rt.IEULEN RANCH CENTER, LLC, HOLDER OF AN EASEMENT FOR ACCESS, INGRESS AND EGRESS AND INCIDENTAL PURPOSES RECORDED JULY 2, 2014 AS INSTRUIIIENT NO. 2014000263341 OF OFFICIAL RECORDS. (SIEE DOCUMENT FOR PARTICULARS TO THE EASEMENT) J. BULLOCK, CO-TRUSTEE OF 1HE BULLOCK-GOLDSTEIN FAMILY TRUST AND DONNA M. OSTlERWILLER ANO FlREDERICK SCALZO AS C~ TRUSTEES OF 1HE MARTIN E. AND WARION E. SCALZO 1967 TRUST DATED JANUARY 27, 1987, HOLDERS OF A RESERVATION FOR DRAINAGE AND INCIDENTAL PURPOSES AS RESERVED ON PARCEL WAP NO. 97-225, P.W.B. 315/21-23. (A PORTION UES W11HIN 'IIA ANGEUGA AND A PORTION QUITCLAIMED PER DOCUMENT RECORDED -------- AS INSTRUMENT NO. 2014 O.R.) NOTARY ACKNOWLEDGMENT: ss. STATE OF CAUFORNIA } COUNTY OF ~(I ON ~""~.~l'f BEFORE ME.£'-\ t-1\\ t.M L ;n;;ARY PUBLIC, PERSONALLY APPEARED "J'!)M.J. li>I+Z.. 4JI'd lMtfn<.3'. ~\d - ~0 PR0\£0 TO ME ON TlHE BASIS OF SAllSf"ACltlftY EVIDENCE TO BE TlHE PERSON (S) ~OSE NAME(S) IS/ARr SUBSCI!IBED TO TlHE YIITlH IN INSllROWENT AND ACKNOM.EDCED TO ME TlH AT HE/SHE/THEY EXECUTlED TlHE SAM E IN HIS/HER/THEIR AUTlHORIZED CAPACITY(IES), AND TlHA T BY HIS/HER/TlHEIR SICNAT1URE(S) ON THE IN.STRUMEN T TlHE PERSON(S), OR THE ENTITY UPON BEHAlF OF WHICH TlHE PERSON(S) AC TED, EXECUTlED TlHE INSTRUMEN T, I CERTIFY UNDER PENALTY OF PERJURY UNDER TlHE LAWS OF TlHE STATE OF CAUFORNIA TlHAT THE FOREGOING PARAGRAPH IS llRUE AND CORRECT. WITNESS MY HAND : S!GN~ATURE ~ ~ NOTARY PUB LI C IN AND FOR SAID STATE" \.eLi ~\C..~ (NAME PRINTED) MY PRI N~CE OF BUSIN ESS IS IN (J COUNTY. MY COMM ISSION EXPIRES: "';f:a.O /l"t- MY COMM ISSI ON NO: ~3-0S tO, SEE SHEET 3 FOR BASIS OF BEARINGS, DATUM STATEMENT, SURVEYOR'S NOTE. RECORD DATA NOTES. MONUMENT NOTES. GPS CONTROL MAP AND BOUNDARY ESTABUSHMENT. SEE SHEET 4 FOR SHEET INDEX MAP 0 ® © @ ® ® @ ® CD Q) ® CD EA8EMENT NOTES: INDICATES AN EASEMENT FOR EMERGENCY AND PUBLIC SECURITY INGRESS AND EGRESS, DOWESTIC WATER SYSTEM AND APPURTENANCES, AND SANITARY SE'IIfR PURPOSES DEDICATED HEREON TO THE CITY OF SAN JUAN CAPISTRANO. INDICATES AN EASEWENT FOR OPEN SPACE/ LANDSCAPE PURPOSES RESER'IIED BY OWNERS, SUCCIESSORS OR ASSIGNS HEREON FOR FUTURE GRANT TO 1HE HOIIEOliltjERS ASSOCIATION BY SEPARATE INSTRUMENT. SAID EASEIIIENT TO BE MAINTAINED BY 1HE HOWEOWNERS ASSOCIATION AND NO STRUCTURES OR FENCING ARE PERMiffiD W11HIN THE EASEMENT AREA. INDICATES AN EASEWENT FOR WIRE PURPOSES IN FAVOR OF SAN DIEGO CONSOLIDATED GAS It ELECTRIC COWPANY RECORDED JANUARY 3, 1918 IN BOOK 317, PAGE 71 OF DEEDS. INDICATES A J' 1'11DE PUBLIC UTILITY EASEWENT AND INGRESS/EGRESS PURPOSES DEDICATED HEREON TO THE CITY OF SAN JJAN CAPISTRANO. INDICATES A PERPETUAL, NON-EXCLUSII!t: EASEMENT FOR INGRESS, EGRESS AND DOWESTIC WATER SYSTEt.t AND APPURTENANCES INCLUDING FlRE HYDRANT LOCATIONS DEDICATED HEREON TO 1HE CITY OF SAN JUAN CAPISTRANO. INDICATES AN EASEMENT FOR INGRESS, EGRESS AND ACCESS AS RESERI!t:D HEREON BY OlllojERS, SUCCESSORS OR ASSIGNS OF 0\lt:R A PORTION OF LOT 2 FOR FUTURE GRANT FOR THE BENEFIT OF LOTS 1 AND 3 BY SEPARATE INSTRUMENT. INDICATES AN EASEMENT FOR POLE UNES AND CONDUITS PURPOSES IN FAVOR OF SAN DIEGO GAS ol: ELECTRIC C~PANY RECORDED JUNE 1, 1962 IN BOOK 6130, PAGE 475 OF OFFICIAL RECORDS. INDICATES AN EASEMENT FOR STORM DRAIN PURPOSES DEDICATED HEREON TO 1HE CITY OF SAN JUAN CAPISTRANO. INDICATES AN EASEMENT FOR ACCESS. INGRESS AND EGRESS PURPOSES IN FAVOR OF llt:R~EULEN RANCH CENTER, LLC RECORDED JULY 2, 2014 AS INSTRUMENT NO. 2014000263341 OF OFFICIAL RECORDS. INDICATES AN EASEMENT FOR INGRESS, EGRESS AND ACCESS AS RESERI!t:D HEREON BY OWNERS, SUCCESSORS OR ASSIGNS OF O~R A PORTION OF LOT 1 FOR FUTURE GRANT FOR 1HE BENEFIT OF LOTS 2 AND 3 BY SEPARATE INSTRUIIIENT. INDICATES AN EASEMENT FOR INGRESS, EGRESS AND ACCESS AS RESERI!t:D HEREON BY OWNERS, SUCCESSORS OR ASSIGNS OF 0\lt:R A PORTION OF LOT 21 FOR FUTURE GRANT FOR 1HE BENEFlT OF LOTS 20 AND 22 BY SEPARATE INSTRUMENT. INDICATES AN EASEMENT FOR INGRESS, EGRESS AND ACCESS AS RESERI!t:D HEREON BY OWNERS, SUCCESSORS OR ASSIGNS OF 0\lt:R A PORTION OF LOT 22 FOR FUTURE GRANT FOR 1HE BENEFlT OF LOTS 20 AND 21 BY SEPARATE INSTRUMENT. NOTES: 1. LOT A IS FOR DRAINAGE PURPOSES AND IS NOT A SEPARATE BUILDING SITE AND IS FOR FUTURE DEDICATION TO THE HOMEOWNERS ASSOOA TION. 2. LOTS B AND C ARE FOR PRIVATE STREETS. 3. ALL IMPROVEMENTS, INCLUDING BUT NOT LIMITED TO, STREETS, DRAINAGE, STREET UGHTS, STREET SIGNAGE, STRIPING lt.IPROI!t:MENTS, LEffiRED LOTS, GRADED SLOPES, LANDSCAPING, AND IRRIGATION FACILITIES Wl1HIN 1HE INTERIOR OF 1HIS SUBOI'IISION, DESIGNATED AS "PRIVATE", SHALL BE PRIVATELY MAINTAINED BY 1HE FUTURE HOIIEO'IINERS ASSOCIATION. 4. 1HE KEEPING OR STABLING OF HORSES SHALL BE PROHIBITED ON ALL LOTs. SHEET 3 OF 7 SHEETS SCALE: 1" = 180' 22 NUMBERED LOTS AND 3 LETTERED LOTS ACREAGE: tt281 ACRES (A PORTION OF TENTATIVE TRACT NO. 16146) TRACT NO. 17713 IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA ::-HUNSAKER AND ASSOCIATES IRVINE, INC. LO T ?o &; f ROBERT L WHEELER IV, LS. 8839 DATE OF SURVEY: SEPTEMBER, 2013 ~~~A ":_"'~~;:c .. "'i/2 t\Ji i l 1 HERMO~ASeooe 11111 BOUNDARY ESTABLISHMENT -~ ~ ~,,~75._96 ~-.I. J ,.. ALESSANDRO · b..~,~~.-,(~ M}:~~5~6;,£?.: '· ,rs. IN ~~ 1123 l.l..b'-(-AND GPS CONTROL MAP UNE l1 u lJ L4 1.5 L6 l7 Ul . TR ·,.. . X/1J ~PASEO DE \ "'% :;.: ~}o ~ LOT -r to "' ... ~ ~---=. -//'\~ %;l,;;..t:~~ ~ r .'IT 1._!2. r l .., ~, ---.... :i!C,-( 27 , SEE SHEET 2 FOR SIGNATURE OMISSIONS. EASEMENT '~-.,J ~9 1&; I I 22 ,: 23 I ~ T NOTES AND NOTES. SEE SHEET 4 FOR SHEET INDEX MAP. :T I ~ I ~~~~:~. I ~~·~~.1 ·~:~ I ~~~ 1• TRAer .::. / 24 I 25 I .,, ::-., .::: No. 6?42 I 26 )A 35 ~ / \)~·· GPs "TIES PORTi.ON OF--..,.. ~ j / ) ~ C•32.sr / "'--~ Y V I I I 1 1 Na7·ss·oo·E 1502·41 ' LOT 7 ' _J .1--K! ~.... N8G•zy.5Siv ~ Ill, 1!2. liS] N38°56'30"VI I I I I TRACT NO. 318 ~-!::~ ~~ ~r6 9.... Nao ·25·onv R2) i\. 36 11 • -::=r-(20.00' R1) j M.M. !4/39 ;x F"' . .::. ---~Jorit 118 \ / f\{Hlr4SOO"ll Rl) I i3 I ,---~:t&1' ~~.o,o--..:i ' " ___.. 'L ' .'· c · o.'· 111"" -/Qjj<o.r?nv i l.9 , " 40 J ~C.~--t~"\1 A : ~ f/10aiH7o' __ L-7 ~zr.:.04· r~§:;~4, ~ ..#ttt 17 -I ~ I '~>:;:; d;;)~· 1 &1 1• Rl) • L•92.64' H2<"ol3'11"E ~-7 4> -. 11V ~c c · ;/ '!,.":> \ • r '•{1/i:f•n• 111 "' : r--· .. ·---!',¢._ ,.,~ '' ./ .,J 4! _f \ ! /' C~ -/ ,V \ I . .., R2] ~_. , .-c_ 11.10 PCC • h• -9" e.>, "'cte r, . I 'V / t:>t:l~ .: Pe L. I Ill ' i "'. ·~ "' '<' ~ 7 "'' Yo -"$' 1/' / v ' .. -.. "-\ ;;, .... ,, ,_ ~ ..... ~· ~c.V/ / ~~~~-P .J.!. NO. 97-2.2.5 4\ -r;,}q,/•~~-(~:~ ;,~ im \ 42 _).>" .._ --//I f~~~~~ ~. \ ~ / '%-.. ~tel'.,-:.. '?>q,; ~ / • , ... / ~ /-"<;>''~'· ~ .............. ..,. .,., ~/ >l'A, 2 '\, ~ ··~v-\ • ~~""• 1131 "\~ I / ~c.V / \ \ PCL. 2 ~~.'! PORTI ON OF '"\-;., 43 / ~ ~~"" .J-~ / <?. 11 • PCL. 4 \ '!':: ~1: 44 PASEO DE MANUEl # ~' <S-~ ~ / ":> \.~ / ~ SEE DETAil \ ~:a~ / ./ 1131 ~ Ri--y / ~c.V (;),:, . :::: ~ / 4~ .,.. HEREON\ 1 --:--~~-?J'44"W -;';-e.; ./ 45 ~ ...( / ./ ft;' I ... i:.~~ ~ ~~ t' \\ PCL 3 , czl C1' · I \ A c~ ~ ":>'\'\ ~117 • ~'\ C3 f"" f5 \ u 1114 :. ~ PCL I / . 'fi ~'?J · /)>' ~ \ P.M.B. 315/21-23 • ~ -'\ ." (l!f:. IIJ6'D4'2S"W f ~" 7 . ')..._ ~El f\\ 1 \ !:l ·oOJ • ~~· -:;j(<+-~ C!;)!:j! ..... , '-' 4~~+ POR TION OF LOT6 5/ . ~ '*" ' CON VERGENCE AN GLE e .. -00'46'58.49' N. 2.127,367.57 E. 6,1 27,334.05 ~ /~ ,t:l(j ~~u' ~ c4 -'(-'' .~ ;-=-18.13' \ ;> ~ ~\' »--'0· ..._ ''>ll ' ~~'1b /('-&','!.li..q. e&_.. \ <:~ ~. 't.:<b. ~ ~ TRACT NO 103 MM 11/29 -33 ~~~ BAS IS OF BEARINGS: r" v . ".;:>.... • ~ <6. ~ .. 1':, • • • t:;i.1 VV ~r; ~t:>· o'?:-•·116 PORTION OF LOT 65 \ ~'&. '-$ :.t:tl-.:'tt ~ 662 5/784 0 R I · 1HE BEARINGS SHO~ HEREOtl ARE BASEO o,~ 1HE ~· b • "':.;-.,. $ ~ • -e,;'!' ~. ~ ' ' •ll! BEARING BETII£EN O.C.S. HORIZONTAL CON1RQ.. I ~"':> Q'\~ / ' • TRA CT NO . 103 _} • !::! .,....._ "'::.-~\ PCL. I, IN ST. NO. 1;;!; STATION GfS NO. 75«R1 mo SlATIOtl GfS NO. R.S.B . 55/25 r::,'\.'0 / ~ {&.~ M.M. 11/29 -33 1\ INST. ~0. , 2 ooeO OOOSs2 22, "[ili"' 7S45R 1 BEING N3r16'J4'E PER RECORDS OS Rll: IN d:S / IJ'(j. -&-~· ~ 2011000683977 ..2; .......... OR o8S 1HE OfRCE Of lHE ORANCE COONTI' SUIMYOR. c<>.i "'r,<'r IJ:\'9,. PORTION OF ' 0 R ·~ 1 . ' \"'~ 'l,(j \ / ,.-b • .., ~<''fv PC L 4 ........ H22•JJ·~. ·w . . ~ . ESTABLJSHE!) BY\ g DATUM STATEMENT: ' r, '/p,'\ , ~-J., .·-. 7 60 :34' ~ COIII'ASS Al)JJSl\IOfT ·z: ~r~. "'~ \ P.M. NO. 97 -225 .l(Jj :·-....,. :.. ;,_2.53'19• ~ BETWEEN 1121 ~ ~ f ~ P.M. NO. 200 0 -215 1120~'i. P.M.8. 3l 5/2 1-23.lfs~IC[j..._ S-...R2 102.!XJ' \ fo>/ COOROINA'ltS SH OW!'~ ARE BASED ON litE CALifORNIA COOROINATE S"I'STEM (CCSBl}, ZONE \11 , 1983 NAO, (2007.00 EPOCH OCS GfS AO.AISTI.lEIIT}. UNLESS OlHE.R\1\SE NOTED. \ t"l\. ¥J<>?• ~·") \I L=5.H ~ (y/ ~ ~ p .M.B. 33 1/48-50 ( ( IJ' . I .. ~ ~,... N70"19'JJt: ~ ~~ '1, ~'!i_,_r. 7 ( "-' .,<t' 4 • ~-... '-' ~v---, ""'·-' ~ 3.04 RAil -~ ... ~-..... ~' ~'..do "'r· \ ,~ / .., ~ \ IJ?~ ?.Ao~ .,, ,f>"T ...-:· ~"' :«1'. \ ~'\ \#~~ ~---, ~~ AU. OlST ANCES SHOll~ ARE GROOND, UNLESS OIHER\\ISE NOTED. TO OBTAIN GRIO DISTANCE IIULllPLY GROUND DISTANCE BY A PROJECT SPECIRC w.L ur Of o.99ss~. ~ll !('1~ R.S.B. 10/15 \ ci \\/ ..pJY .~~' \_PA RCEL A . ,, ~ . /. .~, \ \ . ~ ft.. ~~c~ ~~ /. \1l: r>'-r.«~-' lt4ST. NO 201 4000263341, O.R. ~\ ~\ Ill~ "' // ---~~~--:~,-'/' I ~ t,, "'~ \ ~t ~~ ~L\ ~~~ ~~ ~;'#' I , <i'¥ <S> .f';.~~ \ \ ;.:~.'$' ./) :,1. ...~· ,:r~. ..fit-~ I I -., I ~>.J'C\"~ £.. I\ ;;"':..~ .lll l i . ~ C.,' \ ~~11~· _.. 3 '<fl _ _£J I \I "' "-~l>-t:¥ I ,;; ... "' -~ / \ ~ c;:y ./ ...... / ___ ..,.,... D ETAIL "B" N.T.S. \ \ \ \ 0 "' tV. ~~ ,.,.~.;_.,0-\ ,,~'1:, ~ :z; .... .... :-:.-... "" ,,.~ \.... . $ • ~r.. ,_..,,.,. 17. ~ A. INST. NO._/, \ '% .g <-., ~ • / .-t>_~'~'i.. &.\-'(,' 20000478808 , O.R. . \ -g -~. ~\fL/ ' ~<§>._~,;<#> S'' .. :'-\ !!2 ~·· •• ~ ,--~ oO ~~-\ ~ \./'-~ ····" ~S'~o~ \ ~~.9-' ~\. 0 '~~· ~~WBY \ ~ \V ~~ 8E1'II£EN ::p:: ~~-;r--~ -;):.~, Q ~~ __...-' & L-ESTABI.IS!1ED AS 111£ liOST S'LY COil LO T 65 I ' ~{i,~o::.. 8Y INT[Rl;(Cl1011 ~,. .-...:~ ~.;. ~:~~ .!~; 111$}jr~ ~~~~A~~~ ~ ~~~~; <'e'V I RECO RD DATA NOTES: II ( } INOfCA ltS R£CORD DA i A AS NOTED . I [ J INO!CA'ltS Rf:CORD AND MEASURED DATA AS NOTED. lHE OTY Of SAN JUAN CAPSITRANO fOR TRACT NO. 6H2. loi.M. 314/7-10. I II INDICA'ltS RECORD DATA P£R C£NTERUHE Ti£S ON Fill: AT I R1 lRACT NO. 6742, M.W. 314/7-10. "B~H~:.\ t ~& . $' RZ PAACB. MAP NO. 97 -225, P.M.B. 315/21-23. fi!J.' ~· RJ lRACT NO. 7112. IU.t 325/7-11 . l1z " if..,~ R4 PARCEL MAP NO. 2000-215, P.M.B. 331/46-50. IYD~. 1 .$:"-(// RS GRANT DEED P€R INSTRU IIENT NO. 2005000981638. O.R. ~~§lh-.~~~ MONU MENT NOTES: ~~ \~~ z• l P. TAGGED "L.S. 8639" OR l£AO, TAO< I< TAG "L.$. 8639• OR NAIL I ~ I ~ \"" I< TAG •L s. 8639' OR 8" SPIKE & WASHER STAMPED "LS. 6639• TO & •• SET AT All lRACT BOUNDAR~ CORNERS 'M1HIN 90 OA)'S AfTER \1113 / $' / ACcEPTANCE Of IMPROVEI.CEI-ITS. UNLESS OiHERI'tiSC: NOTED. \#-0. / 1• 1.P. TAGCED •Ls. 6639 • OR lEAD, TACK I< TAG "LS. 8639 • OR NAIL " ~-....-« TAG •L s. 8639" OR 8" SPIKE II WASHER STAMPED "L.S. 6639• TO BE ... ~~-.:.--SET AT ALL LOT CORNERS, WliH IN 9D DAYS AFTER ACCEPTANCE OF ~~~~-, ll.tPROVEMENTS, UNLESS OlHER'MSE NOTED. 111 j 8" SPIKE II WASHER STAMPED "L.S. 8639• OR LEAD, TACK I< TAG "L.S. . ~/ 863 9' OR 1• I.P. TAGGED "L,S, 8639• TO BE SET AT ALL SlREET ;:;'--~']8..:..~!! . RAD PRC • H7'i "~'26"'w '""RAii'PiiC-. ;.:"HJS'D4'25"'W 16.:34' ·'\...:'"'u :,,... .. fu.. \~~ DETAIL "A" \ '\.~ N. T.S. CENTERLINE POINTS OF CONTROL, WITHIN 90 DAYS AffiR ACCEPTANCE OF llolPROVEI.lENTS, UNLESS OlHER'MSE NOTED. llES TO CENTERLINE MONUMENTS 'MLL BE MADE AND A COPY OF SAID TIES 'MLL BE FURNISHED TO THE CITY ENG INEER . LEAD, TACK II TAG ·Ls. 8639• TO BE SET IN TOP OF CURB ON ALL SIDE LOT UNES PRODUCED OR CONllNU£0, 05 FEET FROM FRONT LOT CORNER fOR ALL SIDE LOT UNES, \\!THIN 90 DAYS AFTER ACCEPTANCE OF ll.tPROVEI.tENTS, UNLESS OlHERW\SE NOTED. Pf INDICATES BEARING AND DISTANCE OF LOT UNE PRODUCTION FROM LOT CORNER TO MONUMENT. e INDICATES FOUND MONUI.tENT AS NOTED. • INDICATES NOTHING TO BE SE T. 0 INDICATES SEARCHED FOUND NOTHING. ,A. INDICATES FOUND ORANGE COUNTY SURVEYOR GPS CONlROL MONUMENT AS NOTED. 0 INDICATES LOCAllON Of 8" S«W STAMPED 'LS. 8639" OR LEAD, TACK II TAG "LS. 8639' OR 1" I.P. TAGGED 'L.S. 8639' TO BE SET. 3 MONUMENT NOTES (CO Nl'D): 111 FD. 2' I.P . W/ TAG •R.C.E. 212~· PER R2. FLUSH . hl2 SEARO-IEO FOIJND NOiHING. ESTA3LISHED BY RiCORO ANGLES liND DISTANCES FROM 1.13 PER R2. M3 Fll. 2• I.P. W/ TAC 'R.C.E. 27244• PER R2. FLUSH. 114 Fll. 1" I.P. W/ TAG •R.c.E, 27244 • IN UEU Of 2' 1.P. W/ TAG •R.c.E:. 27244 • Pf:R R2. FLUSH. M5 Fll. 2" I.P. W/ TAG ·R.C.E. 27244" PER R2, FLUSH. M6 Fll. 2' I.P . W/ TAG •R.C.E. 212~· PER R2, 00\'M 0.4'. M7 fO. 2• I.P. W/ TAG •R .C.E. 272«" PER R2. FLU SH . ACCEPTED AS THE MOST W'LY CORNER LOT OS Of TRACT 103. l.t .t.l . 11/29-33. 1.18 ESTASI.JSHED BY ~ECO.~O Ol STANCE FROM iH( ~OST N'LY CORNER Of PARCEL 4 Of P.M. NO . 97-225, P.t.I.B . 315/2 1-23. t.l9 Fll. SPIKE & WASHER ·L.s. 5411", FLUSH PER GR 2009-014 1a M10 O.C.S. CPS 7544a 1 -Fll. SPIKE AND WAS!-[ER STAMPED •LS 54-11", FLUSH PER CR 2009-0 IJSB . N 2.127,369.36 E 6,127.332 .61 11111 ESTABLISHED AS BC Of A CUR'IE RAOtUS 3000' WHICH IS TANG(NT TO 1H£ UNE BEl'IF.EN 1.19 AND t.l l O WHICH PAsstS iHROOQi 1112. 1.112 fD. llru. IIONUIJ.ENT W/ NAil. II TAG IU£GIBLE DN t r PER CR 2009 -01J6l!. t.l13 O.O.S . GP S 7545R 1 -fD . PlJNIMD SPIKE AND OCS W-'SHER STAMPED /~5RI 4-01" Pf:R al 2001-0861. 546'37'41•£ 0.02', ON . 0.2' N 2,1 25.000. 73, E 6,1 25,529 . 76 t.l14 Fll. \l£ll. MONUMENT W/ NAil. & TAG ILL£GIBLE ON . 1. 7' PER CR 2009-0 1268. M15 fD . 'liEU t.IONUMENT W/ NAIL II< TAG ILL£GIBI..E ON . 1.8' PER CR 2009-01289. t.l16 ESTABUS!IED AT RECORD [)!STANCE fROM MH PER R2. M17 ESTABLISHED BY PRORATION PER R2 BEn\EEN PI TO THE NORlHEAST AIID PROOUCTIO!'I Of SW'L Y BOUNDARY. t.ll8 FD . Sl'll<£ II WI\S!'IER ·L s. 6970• PER CR 2007-20708, FLUSH. M19 FD. SP1KE II WASHER "LS. 6970" PER CR 2007 -20738. FLUSH. ~20 FD . 2" IROtl PIPE TAGGED "R.C.E. 27244•, PER R4, FLUSH. M21 ESTABLISHED AT RECORD DISTANCE FROM ~11 PER R2. M22 FD. 1• IRON PIPE PER R1, TAG ILLEGIBLE, FLUSH. M23 SEARCHED FOUND NOTHING. ESTABLISHED BY CITY llES ON FILE AS NOTED PER R1. M24 ESTABLISHED AT RECORD DISTANCE FROM M28 PER R1, PRODUCING LINE FOR M25 THROUGH 1.128. M25 FD. 2' I.P. TAGGED "LS 5359• PER CR 201J-294DB, HElD AS POINT ON LINE, fLUSH. M26 ESTABLISHED AT RiCORO DISTANCE FROM M24 PER R2. 1.427 ESTABLISHED RECORD ANGLE AND DISTANCE FROM 11~0 PER Rl. 1.128 ESTABLISHED RECORD ANGlE AND DISTANCE FROM M31 PER Rl. 1.129 ESTABLISHED AT RiCORO DISTANCE FROM 1.427 PER R1. M30 SEARCHED FOUND NOTHING. ESTABLISHED BY CITY llES ON FILE AS NOTED PER R1. M31 SEARCHED FOUND NOTHING. ESTABLISHED BY CITY llES ON FILE AS NOTED PER Rl. M32 FD. lEAD & TACK PER CENTERUNE TIES ON RLE AT lHE C1TY OF SAN JUAN CAPISlRANO FOR lRACT 6742, M.M. 314/7-1D. 7/ll/2014 SHEET 4 OF 7 SHEETS SCALE: 1' = 100' 22 NUMBERED LOTS AND 3 LETTERED LOTS ACREAGE: 11281 ACRES (PORTION OF TENTATIVE TRACT NO. 18148) TRACT NO. 17713 IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA HUNSAKER AND ASSOCIATES IRVINE, INC. ROBERT L WHEELER IV, LS. 8639 DATE OF SURVEY: SEPTEMBER, 2013 SHEET INDEX MAP (l) INDICATES SHEET NUMBER ---INDICATES SHEET LIMIT , . ..,.,.. ...... I 1}---PASEO DE \ ~, I t?.;.;r;y M:: 7:=, I , -.. . : ... '··' : r:.; I / HERMOSA ) :::___~:~ _ ___) +-l~t~i0~o ~/ PASEO DE ALESSANDRO ------'-----~ -/ \ / ~ ~ -v- ~ .... --.._ -~ ~ M.M. 3_?5, .. ···?-;; I -~-~-_ _ _ _ ,....---\ \ / ~r ' L()! 1 . I I r--' \ ?7 ~ ~ "'-..68 I LOT . I I I I I _., / \ ~ ~ "'9 I ..... I ;>., I • --\ / 'Cl ' "-J o t..: :...:... ;?.j I 2. 4 I :::>i~ I 2.o ' L . -;:: \ /0 I I I ' I I --V'. "" \~ ---..... ~, r,::: "-I ,;:;,,_.,.,. •: ... 1.... I I / "'-..., /~ / I I I, P uR i ~:.;:·-: v: ',,, .. ,, __ : :·-::...:. 6,.,J; I / 'Y~ I ~ • • • T_ I ' I LOT 7 .• , / 6 f ~~ ~~,,-, "0. 3!b 3 I \ / g I I ~~~v• .. \ / ' ' .. ·-·, )'-- '·'" '4! "" ~ , . ~~· :':': ...... . r----f.\1 I I I 4! _j I ) ) ) I --I \ / , I .·!? ___\ '~........_ _// // .,. ·-· / \ -_/ '. --)'_ ·rr.// /43 / I ~PASEO DE .. ~.-;<. I 44 A I \ MANUEL \ \ \( I \ I \ I ::Jt·: : ) .... ~.= A / :\\ P.M. l¥~97::225\\ -\ ·:::;·_. '-.. !.· \ / ~--· .•.• , ·"·!:' .• ..::r ·'~.P, '· . y \ P UR~ iV:-.: ' .. ': ·....... .~--.... . ? \ .,. ·' .... ·.•. . , ::>f': P• : "T .•:.·.... . \ : v:. ... -. '-'-· '(: .-·~.. "\ -··;··'} ~·.··~ / l..".<-1 ·>:.;;7. J!o:1 .• / I ) "' • r ,. .., \ ,.. : :: ~ / • 1 'io ;-. \ ,, "'· ""'' · / 45 /~··.. ? .::·:··· / v ... , t... \ / \ "".~.-.. .A. / \ v~.. / \ / \ .. 5? .. / \ / O t 'i 3 ~ : V-· \ ~ J -'::~, '\ P.M.S . 3;5/2.!···20 )---~T 'B' \ / \ / \ / \< / P G!~T!Or·~ OF LO T 6~5 \ \ \ T R::~cT ~--~(). ~C:3 ~vtt~t H./.2 9 ···33 \\ ~::u·~,i};,~~~ ·-.. , .. ~ r, R.S .B. i~J/ ;;,.: I I'\ ( I \ ( \ \ \ " \ \ \ \ \ i:~~: \ (,..• \ \.6 \ \ .... ~ U) 'lo_.o • \ :;:~·. ~~:= \ • -.._! ,.... \i. ~ . ~·.si f:'~· A I 1~ ~~ ., I r.·;.i ' _.. / -. :::;?-· .... , _..>... ,., ., \ • I /.),_ _.._ ~:;_~..; ~~, -·"·'s \ · -~.r--=~-V \'.~,.,,r·,'.J" ·~i:· \ ·;~:~ION OF_L?J 65 .;? \ ..,.R ; .. CT ;-.:u. :v3 :f:=i .;,~. li/29-33 66 25./784 G.R. (:) ::t: :;::: (::; !:·.:: .... ~ •J; "':.I" :;:!: 1"0 ..... I'() -::;:£ j.... - (1) <'.! '"!'' "' :~::: r.-.... i <.D ..... :.o E~ :~~~ i:r:. -::::; .• •. -. .-·,r,:":4 ?tstsUtl, :...:.: •· \ \ '.:J, ? c.·v• .. · · .. · · .... · · \ \ ~:~· / ~ -.. ~ / I I "; / // / ~~<S-~ .. , I I / ,/ / ... ~ ""' ~~ ... ~ 0 s,.., ;_, "' SEE SHEET 2 FOR SIGNATURE OMISSIONS. EASEMENT NOTES AND NOTES. SEE SHEET 3 FOR BASIS OF BEARINGS, DATUM STATEMENT, SURVEYOR'S NOTE, RECORD DATA NOTES, MONUMENT NOTES. GPS CONTROL MAP AND BOUNDARY ESTABUSHMENT. / / c;\~~1..-P-0 s ~~~ ~~ ~~~ :~~~: ~~j ~~3 C' (\.j / 0 <t3' ~ S~A&r!J-"1 0 ci tf..G ~,s~ o<o1 ~-~<v" ~~~~ ~\"~~ <;;J--"~t)' ($(jo ~ 7/11/2014 -----------------·--~-.. ----------------------- SHEET 6 OF 7 SHEETS SCALE: 1" = 40' 22 NUMBERED LOTS AND 3 lETTERED LOTS ACREAGE: 'ft.281 ACRES (A PORTlON OF TENTATIVE TRACT NO. 16148) TRACT NO. 17713 IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA HUNSAKER AND ASSOCIATES IRVINE, INC. ROBERT L WHEELER IV, LS. 8639 DATE OF SURVEY: SEPTEMBER, 2013 \~2 ~ I ~~ /\ tn --~ ~;-;!~~ 1 I O I AIJ.Z ~i;}. !J --~29~~ aor 1132 _ --1 ~ --!Jij_"' ·'6>-.J -~ AIJ.Z ..........-W32 IJJ.I4'f· az<:sa•re ;;--: ,--, = 7: = I ~ I ~, , ... ~~ 8·~ / ~ ~ ~ ~, . . , I .., "'"' • •lo --·· . ··-=-~:.--. 7H·? I I f' ~ I """" ~ --/ .,t;/ ' "" ~ ; "'". ' --~ I 0 I -''3!'.'4> I ~;\i, _../ -~ \ --?!i:W22 I 0 {----L "H" / -~ -----J L.i.J DETAIL "G" OETAI / .-M2J' ' --' '·'·' ' ' 111~• ,-'/-~,.w ---2'\. if (,., '·'-" / ~--j ., ---" '""' ., }.. • " .. '---...--< ---NSO•zySS"ll--~. ' 4£<.' ;;<' ---/ -(n·~· ~76.021 1 --~--lrs..J~·IhJ '-·· > ~X"' ---"" ~ '~' -~) ' " -~ 'h ·'$' ~.-~ "" - -4 ' ;iii. -"" -~-..,. ... _ '--1,, -" -____.-" .... ~ -"" . -· . -v ~ ' ---'"'-•J ~ «'k·'~ ~-~-"' ~7 A# ~-" _.. .. _.. ----.,,rl>~ ~~-------'-~~ .. 9' _ __,.,.. ··.-- !QaW I I - - - - _ -:._•1132 CALLE RICARDo 1q ~_;,'"'~-tCP46'~3·oo· __. ( :-~=; •. :.··-I , -----~-r..o:t>\ ~~.>::.. __. I ''··-'-;.'., t No. 6 ?.-:.-:; I r----~ _ ~l''•wJ2 _-\ I ''ft.. I , ____ 1 !I I I I I \ ~I I I I \ 325/?--H 9' .,. I I I \ : :-.. : :.-·-· : 69 :o:-:.:~:. (f) Iii w :I: 0 w w 0 _ "I 21 !! I I I I 1 \ f gl ... I 2~: I 2.3 I ? .. , -~ I J \ I I __ ..,. B - ::-: I -=-I J ?,... \ ' -~ I I r-.··· _c ' : I I LO I / '-,l I rt:'kWf .. ··· j I j 1 I _) ~ . ~ t) ~-\ I 1 1 I 1 1 ::.; ·~ -·. . I // _ 0' ~ ' "• '"·"'· ~~~ i 7 -.o ,; j / .. ,_ ""~• •<"· _, ..... . I ... ,." 5 :~ •·" ~ f , "s-7;,... -~ /" B .,. • I j / • .,. r--• , .... 1179'"""-.... -~ .. /, .,.:;;:; / •• .1 ... ~ (/j ,.., • ~.,... _; \ I I ___,.,. II .• ,. "-J' "' j • • -"' '"?'r-' ~~ ~'ss.,.. . L!·· ::::!!) ~B • ~ ... ' -~~ '• '" ",-_ ""' ~ •I / <>~ -0 i \!V ,;., 'i ' \( il ~-; \t V '-''"'-<u ''or~..-.. ->--.... / """' ": 0 ....... >S •' f!; • ~ k ... ,., '< i\, ../; I <:> c:> , o I ~~ ..,. ;..~ .-"' "' ::! ~ ~t_~;, ;=: .. ,.. u :i::: I ,::~ ~ ;: I< " Pt::l o::·-ao ~ ;: ;. .... <:.-:> 1··-·· N Iff{ ~ ILC..) • ~ -::c ;;;-.It 1 r.r.: "' ·-1·- 117 p_r,t t·W . 97···2.2.5 5 2o,oso s.r. ....f, "" ~-...~· ~!.'" ~~ 6 1J,90J S.F. 36 7 10 ~~~~ ~~ \ ..... i ~; en:., ~~ \~ \ \ / \I SEE SHEET 3 or·: ; . .,;_. ~ // \ / \ // \ PORTlGN // \ / \ // \ / D·''' -\ / : :,,:.... 't. ESTABUSHEO BY INTERSECTION AS lHE IIOST N'L Y CXlRNER OF PARCEL 4 OF P.lil. NO. 97-225, P.W.B. 315/21-23 HOlDING PARAU.EJ.. AND DISTANT 1119.00 FEET fROII CALLE RICARDO PER R1 SEE SHEET 2 FOR SIGNATURE OMISSIONS, EASEMENT NOTES AND NOTES. SEE SHEET 3 FOR BASIS OF BEARINGS, DATUM STATEMENT, SURVEYOR'S NOTE, RECORD DATA NOTES, MONUMENT NOTES, GPS CONTROL MAP AND BOUNDARY ESTABUSHMENT. SEE SHEET 4 FOR SHEET INDEX MAP. C:F P(:L.. 4· ~ P.1',1.B. 3i5,..-'2.i···2:3 N.T.S. MONUIIEHT OffSf.T T.Ail.E UN< BEARING LmGlH PI ;?6' .. 5.65' P2 ;as• 'Ill •.75' PJ 1.4• . ·w us· P4 45'1 '!'W 5.02' PS 45'1 'l'W 4.62' P19 6' .. ~18' UNE Ll2 lll I H. CURVE TABU: QJ!Ive: !lEJ.TA RADIUS LENGlH C18 J4•1R'1~t 10. 5: • C19 1rm· ,. '"-2.1 C20 11!'1.4'-"'' 20. 6. r CZ! 22•04' • 1 0' 4.6 C2~ 2r"!'2B' 21. 10.1 • 7/11/2014 SHEET 8 OF 7 SHEETS SCALE: r = 40' 22 NUMBERED LOTS AND 3 LETTERED LOTS ACREAGE: 11.281 ACRES (PORTION OF TENTATIVE TRACT NO. 18148) TRACT NO. 17713 IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA HUNSAKER AND ASSOCIATES IRVINE, INC. ROBERT L WHEELER IV, LS. 8839 DATE OF SURVEY: SEPTEMBER, 2013 SEE SHEET 2 FOR SIGNATURE OMISSIONS. EASEMENT NOTES AND NOTES. SEE SHEET 3 FOR BASIS OF BEARINGS, DATUM STATEMENT, SURVEYOR'S NOTE, RECORD DATA NOTES, MONUMENT NOTES. GPS CONTROL MAP AND BOUNDARY ESTABLISHMENT. SEE SHEET 4 FOR SHEET INDEX MAP. ~(;- ~'?) 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