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15-0915_PACIFIC POINT DEVELOPMENT PARTNERS LLC_Agenda Report_D19/15/2015 TO : Honorable Mayor and Members of the City Council FROM : Sergio Klotz, Acting Development Services Directo ~ Prepared by: Charlie View, Project Manager Ayako Rauterkus , Senior Management Analyst ~ DATE: September 15, 2015 SUBJECT: Consideration of a Resolution Approving Amended and Restated Special 4(d) Interim Habitat Loss Implementation Agreement, Accepting a Surety Bond, Approving Modification to the Conditions of Approval of Vesting Tentative Tract Map (VTTM) 15609, and Approving an Open Space Easement and a Public Trail Easement on Lot H of Final Tract Map 16750 (Pacifica San Juan) RECOMMENDATION: Open the public hearing, receive public testimony, close the public hearing; and, By motion, adopt a Resolution approving Amended and Restated Special 4(d) Interim Habitat Loss Implementation Agreement ("Agreement"); accept a Surety Bond in the amount of $3 million required per the Agreement; approving the modification to Section 1.6-8, "Engineering & Building conditions of approval" of Resolution No. 03-09-16-06, approving Vesting Tentative Tract Map (VTTM) 15609; and approving an open space easement and a public trail easement on Lot H of Final Tract Map 16750 which will be accepted and recorded upon completion of the restoration and trail work (Assessors Parcel No. 675-421-18). EXECUTIVE SUM MAR Y : Pacific Point Development Partners LLC (Developer), the current owner/developer of the Pacifica San Juan project, is requesting approval to move forward with implementation of both on-site and off-site habitat restoration and conservation, as required by the 1997 Special 4(d) Rule Interim Habitat Loss Mitigation Permit (1997 IHLMP) and subsequent Revised Special 4(d) Rule Interim Habitat Loss Permit dated February 11, 2015 (Revised IHLMP) issued by United States Fish and Wildlife Services and California Department of Fish and Wildlife (collectively the "Resource Agencies"). In 2006, the City and the previous owner entered into a Special 4(d) Interim Habitat Loss Implementation Agreement (2006 Agreement) as a method of ensuring completion of the mitigation measures required when the project was approved (Attachment 1 ). 01· City Council Agenda Report September 15 , 2015 Page 2 of 7 The economic downturn in the housing market in 2008 resulted in the previous owner's bankruptcy and abandonment of the project. Over the past year, the bankruptcy team and the current Developer worked with City staff to update the original mitigation plans to suit the current conditions of the Pacifica San Juan development (2015 Plan). The 2015 Plan also accounts for the sale of a portion of the on-site restoration area to an adjacent land owner. Although this area is protected open space, the Resource Agencies have required the new owner of Pacifica San Juan to augment their restoration plan to address their loss of control of this area. A summary of the updated 2015 Plans are as follows : • A newly proposed off-site restoration area (33.2 acres, Attachment 2) -Laguna Heights Home Owners Association (HOA) within the City's Northwest Open Space area (Attachment 2). • Developer ownership of on-site restoration area (Lot H and Lot I of Final Tract Map 16750, total 9.6 acres, Attachment 3) -Per Section 1.6-8 of Conditions of Approval of Vesting Tentative Tract Map (VTTM) 15069 indicates that Lot H of Final Tract Map (FTM) 16750 (formerly Lot K under VTTM 15609) shall be dedicated to the City of San Juan Capistrano. The 2015 Plan proposes the Developer shall retain ownership of both Lot H and Lot I. Further, Developer shall record an Open Space Easement over Lot H, as well as a Public Trail Easement within Lot H. The result of the proposed changes is that the community will receive the benefit of preservation of additional habitat area and enhancement of these highly visible areas at no cost to the City for establishment or maintenance of the habitat. costs will be bourne by the developer and maintenance will be managed by a qualified firm and funded through an endowment. The above changes will require an amendment to the 2006 Agreement, accepting the surety bond naming the City as beneficiary in the amount of $3 million to serve as security for the performance of the activities identified in the revised 2015 On-site and Off-site Mitigation Plans. Additionally, Section 1.6-8 of the Conditions of Approval (COA) of VTTM 15609 needs to be modified in order for the Developer to retain ownership of Lot H of FTM 16750 and record an Open Space Easement and a Public Trail Easement. Staff recommends that the City Council approve the Amended and Restated Special 4(d) Interim Habitat Loss Implementation Agreement (Exhibit A to the Resolution), accept the surety bond (Exhibit B), approve modified Conditions of Approval for the VTTM 15609, and approve an Open Space Easement over Lot H (Exhibit C) and a Public Trail Easement within Lot H (Exhibit D), which will be accepted by the City Manager and recorded upon completion of restoration and trail work per the City Council Resolution No. 09-05-05-01 (Attachment 5) DISCUSSION/ANALYSIS : The Pacifica San Juan project (aka Pacific Point project), generally located east of Interstate 5, north of Camino Las Ramblas, and south of La Novia Avenue, originally City Council Agenda Report September 15, 2015 Page 3 of 7 approved under Vesting Tentative Tract Map (VTTM) 14196 was subject to a Special 4(d) Rule Interim Habitat Loss Mitigation Plan as approved by the United States Fish and Wildlife Services and California Department of Fish and Wildlife (collectively the "Resource Agencies") on January 31, 1997 (1997 IHLMP). In summary, the 1997 IHLMP required the previous developer, SJD Partners, LTD., to implement a total of 2.6 acres of on-site Coastal Sage Scrub (CSS) preservation, 17.6 acres of on-site CSS restoration and 22.6 acres of off-site exotic vegetation control (42 .8 total acres). The previous developer never completed the habitat restoration project prior to its bankruptcy. Under the subsequent ownership , LV Pacific Point LLC , the Resource Agencies issued a Revised Special 4(d) Rule Interim Habitat Loss Permit (Revised IHLMP) as confirmed by the concurrence letter to the City dated February 11, 2015. The current developer of the project, Pacific Point Development Partners LLC (Developer) has been in discussions with the City and Resource Agencies to further update the Revised IHLMP. The Revised IHLMP indicated that the 42 .8 acre on-site and off-site Mitigation could be satisfied with implementation of 9.6 acres of on-site CSS habitat restoration and 33.2 acres of off-site CSS habitat restoration located within the City's Northwest Open Space. It was anticipated that the 33.2 acre off-site restoration area would consist of 26 .27 acres owned by the Laguna Heights Home Owners Association (HOA) and 6.93 acres owned by the City. As part of the planning related to the off-site restoration area, the Developer commissioned a preliminary title report (PTR) which revealed that the 6.93 acres thought to be owned by the City were actually owned by J.F. Shea Company, Inc. (Shea) encumbered with an open space easement in favor of the City. Because concurrence from the underlining fee title owner (Shea) cannot be guaranteed, the Developer has requested that, in lieu of restoring the Shea- owned property, the Developer be allowed to restore an additional 6.93 acres owned by the HOA adjacent to the original 26.27 acres. The proposed restoration area is located on a portion of HOA-owned land, within the City's boundary , adjacent to the current 40- acre Orange County Transportation Authority (OCTA) Habitat Restoration site, part of the overall 54-acre 2C Ranch Habitat Restoration project. The reasons for proposing the HOA-owned land for the habitat restoration are: 1) its adjacency to the OCTA hillside restoration area (a part of the on-going 2C Ranch- Trabuco Creek Habitat Restoration project) which will provide a contiguous area of restored open space for both public and environmental benefit, and 2) the popular Shea and Colinas Ridge public trails extend directly through the proposed restoration area, thus restoration of the site would improve public use and enjoyment of the trails and open space, and would also provide a considerably improved open space view shed which serves as a major backdrop to the North West Open Space and also the City of San Juan Capistrano as a whole. During the "Establishment Period" the plant materials in the restoration area will require temporary irrigation and this will be provided through a recycled water connection to the Moulton Niguel Water District, thus not impacting the City's water supply or conservation compliance. City Council Agenda Report September 15, 2015 Page 4 of 7 This off-site restoration project would benefit adjacent City-owned land as a part of continuous effort to improve the North West Open Space for public and environmental benefit. Additionally, the control of invasive species offered by developing larger restoration areas is a significant benefit of this plan. It reduces long-term maintenance requirements, encourages additional native plant development, and improves the viability of the other restored areas. The Revised IHLMP identified two (2) parcels within the Pacifica San Juan boundaries for on-site restoration, Lot H (approximately 4.3 acres) and 5.6 acres of Lot I of Final Tract Map (FTM) 16750. The project entitlement documents identify Lot H of FTM 16750 (also referred in the approvals as Vista Park and VTTM 15609 Lot K) as a passive park intended for "trail use and enjoyment of natural scenery." VTTM 15609 Condition of Approval (COA) 1.6-8 states that "prior to approval of the first final map, Lot "K" (Vista Point) shall be dedicated to the City of San Juan Capistrano in accordance with the provisions of the Subdivision Map Act". In addition, notes included on FTM 16750 state that "Lot H is for public park purposes (to be granted to City of San Juan Capistrano under separate document)." This concept is reinforced by the project's existing Special 4(d) Interim Habitat Loss Implementation Agreement which states that the "City shall accept the dedication of a portion of this Habitat Restoration Area, identified as Lot H on FTM 16750, for public park purposes as required by the conditions of approval for VTTM 15609, at such time that the habitat restoration and revegetation work has been completed and accepted by the Resource Agencies". Successful implementation of the Revised IHLMP requires the recordation of conservation easements protecting the CSS habitat values, including the approximately 9.9 acres of restored on-site land. The form of conservation easement is established by the California Department of Fish and Wildlife and must be executed and recorded by the property owners with few, if any, modifications. As the ultimate owner of Lot H, the City will be bound by the terms of the recorded conservation easement. The terms of the Conservation Easement create a possible obligation for the City regarding Habitat Maintenance. As an alternative, the Developer could retain ownership of Lot H, with ultimate ownership conveyed to the project's homeowners association , and accomplish the required Resource Agency restoration and City public access goals by a) recording the required Resource Agency conservation easement and b) recording separate open space/public trail access easements with, and for the benefit of, the City. The open space/public trail easements would provide the public park benefits required by the project's entitlements and would also fulfill the intent of the tract map note regarding recordation of a separate document. The easements granted to the City would also be consistent with the public park land requirements of Section 9-4 .519 (Parkland) of the City's Municipal Code since the easements would specifically provide access, use and enjoyment by the general public rather than limit said use to only project residents. As an added benefit to the City, a third-party conservation entity would be responsible to maintain the trail network, habitat area fencing, viewing benches and informational signs. The Developer is currently working with the Center for Natural Lands Management as the preferred third-party conservation entity. Maintenance would be City Council Agenda Report September 15, 2015 Page 5 of 7 guaranteed by a non-wasting endowment established by the Developer and held by the third-party conservation entity. The City and general public would receive the public park amenity constructed by the Developer with ongoing maintenance provided by the third-party conservation entity. Staff recommends the Developer retain ownership of Lot H, which will require a modification to the existing COA 1.6-8 of VTTM 15609 to allow the Developer to retain ownership of Lot H with appropriate easements for open space, public access and trail use. The Resource Agencies require the developer to provide a $3 million surety bond to be held by the City to insure the on-and off-site habitat restoration work is completed in a satisfactory manner consistent with the Revised IHLMP. The City Attorney has reviewed and approved the bond language as well the easements benefiting the City for the proposed park site, and the Developer has delivered the bond to the City . FISCAL IMPACT: The proposed mitigation work will be fully funded by the Developer. There is a developer deposit fund to offset the staff cost to process the project and staff will request additional funds as needed. Consistent with the practice for other habitat restoration projects, long term maintenance will be managed by a qualified firm and costs will be funded by the Developer through a non-wasting endowment established under a formula approved by the Resource Agencies. ENVIRONMENTAL IMPACT : This Project (Habitat Mitigation) is exempt from review under the California Environmental Quality Act ("CEQA") pursuant to a Class 8 exemption for actions by regulatory agencies for protection of the environment. (Tit. 14, Cal. Code Regs., Div. 6, Chapt. 3 ["State CEQA Guidelines"], § 15308.) While the Project modifies the 2006 Agreement and a condition of approval regarding dedication of a lot to the City, these modifications ensure that the Developer: (1) establishes an off-site restoration area of 33.2 acres, and (2) records a perpetual open space easement over and a perpetual public trail easement within Lot H of Final Tract Map 16750. Ensuring that the off-site restoration project will take place will benefit adjacent City-owned land as part of the continuous effort to improve the North West Open Space for public and environmental benefit. No construction activities or relaxation of standards that would allow environmental degradation are proposed or will come to pass, due to the modification of the 2006 Agreement or the recorded easements. No currently existing statutory protections are removed by the Project. Thus, the Project is an action that will maintain, enhance, and protect the environment and is therefore exempt under the Class 8 exemption. (State CEQA Guidelines, § 15308.) This ground is independently sufficient to exempt the entire Project from CEQA. City Council Agenda Report September 15, 2015 Page 6 of 7 Further, none of the exceptions to the Class 8 categorical exemption apply to the Project. (See State CEQA Guidelines, § 15300.2.) Specifically, the cumulative impact of successive projects of this same type in the same place over time would not produce a potentially significant impact. Successive projects would in contrast continue to preserve additional lands in perpetuity and restore, conserve, and enhance City property. Further, the Project will not result in damage to scenic resources within a scenic highway. The Project preserves open space and trail access in perpetuity, and no construction or alteration of any scenic resource will result from the Project. There are no known hazardous waste sites on the Project site, and the Project proposes no change in the significance of a historical resource. Therefore, none of the circumstances outlined in State CEQA Guidelines, section 15300.2 apply. Thus, the Class 8 categorical exemption outlined above remains applicable to the proposed Project. PRIOR CITY COUNCIL REVIEW: • On July 3, 2006, the City Council approved the Special 4(d) Interim Habitat Loss Implementation Agreement with the SJD Partners, LTD. • On October 7, 2014, the City Council approved the original preferred off-site habitat mitigation location. • On May 5, 2015, the City Council approved the assignment of Special 4(d) Interim Habitat Loss Implementation Agreement to Pacific Point Development Partners LLC. COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS : • On August 26, 2014, the Mayoral Community Trail Sub-Committee reviewed the proposed Pacifica San Juan off-site Habitat Restoration location option and directed staff to present this option to the City Council. NOTIFICATION: Pursuant to Title 9, Land Use Code, Section 9-2.302(f), Notification Procedures, a public hearing notice has been mailed to all property owners within 1,000 feet as listed on the Orange County Real Property Tax Assessment rolls), a "Notice of Proposal" sign has been posted on-site, and the hearing notice has been published in the Capistrano Valley News at least ten (1 0) days prior to the hearing, and has been posted at three public locations. This agenda item has been provided to the applicant and their representative through posting of the agenda packet on the City's website. ATTACHMENT(S): Attachment 1 -Special 4(d) Interim Habitat Loss Implementation Agreement (2006 Agreement) Attachment 2-Off-site Restoration Area Map Attachment 3 -On-site Restoration Area Map City Council Agenda Report September 15, 2015 Page 7 of 7 Attachment 4 -Resolution and Exhibits • Exhibit A-Amended Restated Special4(d) lmterim Habitat Loss Implementation Agreement • Exhibit 8 -Surety Bond • Exhibit C -Open Space Easement • Exhibit D -Public Trail Easement Attachment 5-Resolution No. 09-05-05-01 Attachment 6 -Public Hearing Notice " .. . :RECORDING -REQUESiED ·BY: . · · · · · ·· ..... · ·-· ~·;\;;··s-~.,.~~ah-C~plitia~-6 ·· · ·:~ .. :: -..... -..... _ · ~~c·~~d~~-·i·~-offid;~i ·R~·~;d~~-o~~~~~ c~u~!Y · · · · 32400 Paseo 'Adelanto . . · Tom Daly, Clerk-Recorder .. . s~~ .Juan Capistrano, CA 92615. IIII~II~IIIIIU~UII~IIWI~IWI I~mllll~mmlt~llllliiiNO FEE . ' AND WHEN RECORDED, MAIL TO: ·· MClrgaret R.-Monaha'n, Qity Clerk City of San Juan Capistrano · 32400 Paseo Adelanto · . · San· Juan Capist~~no, CA 92675 Exempt from Recording Fees: . : Gov Code 27383 & 6103 · 0 .,·. 2006000472044 02:37pm 07/14/06 212 50A12 18 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 .· • . < .· .~· ··-t .... -·· ••• . City .df San Juan caiiistra~o .. ------------~----------~-T_h_is_s~p-ac_e_ro_r_R~~c-·o-~~~r_s~U-·s~~-O~~:~y~~-------~~:)~ so . iitle of ·Document: .·. SPE.CIAL ~(d) INTERIM HA~tTAT'J_OSS·IMPLEMENTATJON AGREEMENT · TENTATIVE. TRACT MAP 16750 ' . . . . . •, I . ' I . ... .·. .. \~~. (. Recording l'eque~ted by ~nd wh.en recorded return to: City of San Juan Capistrano Attn: City Clerk 32400 Paseo Adelanto San )uan Capistrano, CA 92675 .. -~~--•• -11.1 .. • .. . •: Margaret R. Monahan, City Clerk City of San Juan Capistrano Special 4(d) Interim Habitat Loss Implementation Agreement Subject: January 1997 Special 4(d) Rule Interim Habitat Loss Mitigation Plan for Tentative Tract Map J 4196 (Pacific Point Project), County of Orange . THIS AGREEMENT is made this 3rd day of July, 2006, between the CITY OF SAN JUAN CAP1STRANO, a municipal corporation, State of California, hereinafter referrecj to as "City" and SJD PARTNERS, LTD .• a California lilnited partnership, whose mailing address is 2392 Mot:se · A venue, Irvine, CA 92614, hereinafter referred to as "Subdivider." ' . . WHEREAS, Vesting Tentative Tract Map (VTTM} 14196 was approved and an Environ- mental lmpact Report _ was certified by the City Council on JL!!Je I 6, 1992, with biological resources ·mitigation measures applied to the project requiring restoration for coastal sage scrub (CSS) habitat, among other requirements; and WHER!3AS, Subdivider is the owner of land encompassed in V1TM 14196; and . WHEREAS, pursuant to the mitigation measures apP.Iied to VTfM 14196, City and Subdi- ·vider submitted an ·application to the . U. S. Fish ~d Wildlife SerV-ice and the California Department of Fish and Game (hereinafter "Resource Agencies") for a Special 4(d) Rule Interim Hatiitat Loss M-itigation Plan (JJ-ILMP),·whi~h was approved by the Resource Agencies ·on January 31, 1997 (see Attachment.A); and WHF;REAS, a portion of VTTM 14196 containing areas subject to habitat res toration requirements under the THLMP was subsequel)tly re-subdi_vided by Vesting Tentative Tract Map 15609, approved by the City Council on Sept~mber 16, 20'03, with .a Supplemental Environmental Impact Report certified on September 2, 2003 which required adherence to the original biological mi tigation measures as established by tlie 1992 EIR and the 1997 IHLMP; and WHEREAS, the work required under the certified EIR's for. VITM 14196 and I 5609 and the · approved IHLMP has been initiated . but has not been completely implemented or accepted by the Resource Agencies; and WHEREAS, Subdivider is the owner of that certain property which is !he subject of the pro- visions of the referenced JHLMP regarding the 17.6-acre revegetation ~rea and for which the Subdi- vider prepared a Coastal S.age Scrub revegetation ·plan (Attachment . B), and on which Subdivider began implement ing irrigation and revegetation in · 2001, which work rem'ains inc~mplete as to the provisions of the Tl-J.LMP; and · -··--.. --·-· --·· . --·-. ------·-· ------------------· -··--·· ---·-··-- .. WI-iEREAS, the City is 'the owner of the 22.6-acre ~rea identified in the IHLMP (Attach- ment C) for exotic vegetation control·and for which the Subdivider eradicated non-native 1:1rtichoke thistle in 1997, which work remains incomplete as to the provisions o(the IHLMP; and WHEREAS ; City, in response to litigation filed in May 1998, issued a stop work order to Subdivider, and, as a result, the monitoring and maintenance and reporting requirements under the JHLMP for the revegetation plan and the exotic vegetation removal plan v,vere suspended and remain incomplete; and WHEREAS, Subdivider has prepared a Pinal Tract Map 16750 for a portion of VTTM 15609 containing the .17,6-acre revegetation site which is the subject habitat restoration area as set forth in the approved JHLMP, and City desires assurance that Subdivider will complete the require- ments of the habitat restoration and that the provisions of that said THLMP are fully and completely complied with, subsequent to recordation o.fTract 16750; and WHEREAS, Subdivider proposes, under this agreement, a method of ensuring completion of the 1997 Specia -l 4(d) Interim J-J:abitat Loss Mitigation Plan, including the establishment of a trust account for the long term maintenance of the revegetation area as required under the IHLMP. · NOW THEREFORE, City and Subdivider hereby agree as follows: l. Genera) Requirements Habitat Restoration Project A. Subdivider shall complete installation of the Habitat Restoration Project, consisting of irr·igation and planting on the 17.6 acre area called -for in the JHLMP (Attachment A) as set forth in the J'evegetation · plan (Attachment 8, as it niay be amended to reflect Resource Agency approval) during the appropriate lime . period beginning in September 2006, and continuing until such time as the Resource Agencies \lave accepted the work as complete pursuant to the IHLMP. Further, City shall hold c~sh monies already deposited ·with the City by Subdivider, estimated to be in the amount of $256,250.00, to secure perfonnance of this obliga,tion. The eStimated -!iecurity amount is subject to change based upon approval by the Resource Agencies of a revegetation plan to be prepared and submitted by Subdivider. The parties agree that the final amount to be provided .by Subdivider to City to ~nsure successful revegetation of the Habitat Restoration Area shall be the amount estab- lished by the revege tat ion plan approved by the Resourc~ Agencies, and shall include a 25 percent ·· contingency. The parties further agree that if the po~t of revegetation ~xceeds the above stated projected cost, then Subdivider shall pay the City the additional. amount t·equired within five (5) business days of receipt of the approved number. A reduction in the amount of security held by the City shall be refunded by the City to Subdivider ~hould the _ amount be Jess than that the above stated projected cost. B. Subdivider has caused ~o be . prepared .conservation and open space easements for the Habitat Restoration Project area, as required by the Resource Agencies under the IHLMP, as set forth on Attachment A and as articulated in the legal description(s) on Attachment D. Said easements shall be recorded u.pon their acceptance by City Council in conjunction with Final Tract Map 16750. Subdivider shall retain ownership of all land within' the conservation and open space easements until approval of the habita t restoration work by the Resource Agencies. Pursuant to the JHLMP, this land shall remain as permanent open space and shall be owned and managed by an entity approved by the Resource Agencies. ' I I I I I I I I· I I I I C. Sub.divider shall dedicate a lump sum payment to the City upon approval of Final Tract Map No . 167.50, which sum is designated for use by the City for the limited .p).lrposes of long-tenn management of the Habitat Restoration Project area identified in the IHLMP. The dedication pursu- ant to this subsection shall be in the amount of $367,400.00, or other amount as established by the Center · for Natural Lands Management based on a Property Analysis Record (PAR).· The part.ies. agree that the · final amount to be provided by Subdivider to City for long-term maintenance of the Habitat Restoration Area shall be the amount proposed by the PAR, provided that the PAR reflects ·the scope of work approved by the Resource Agencies. The parties . anticipate ~hat this ~tudy will be comp le ted within approxi mately 60 days from the -date of this Agreement. The parties further agree .that ifthe PAR number exceeds the above-stated projected maintenance cost, then Subdivider shall pos t with the City the ~dditional amount required under the PAR study 'within five (~) business day~ of rece:ipt of the P A.R number. A reduction in the amount of security held by the City shall · be refunded by the City to Subdivider should the PAR amou.nt be less than that the above stated pro- jected cost. D. Subdivider shall cause to be prepared a report to the R.esource Agencies, _with a copy to . the City , at the conclusion of two years of monitoring and maintenance following the ins tallation of the revegetation pla·n identified in Attachment B for the Habitat Restoration Area, and shall comply with any addi tional requirements of the Resource Agencies based upon the condition of the revegeta- tion area at that.time. · E. City shall accept-maintenance of the Habitat Restora tion Area as identified in the IHLMP · at such time that Subdivider has completed the habitat restoration work pursuant to the ILHMP and this work has been accepted by the Resource Agencies. City shall accept the· dedication of a po1tion of this Habitat Restoration Area, identified as Lot H on Final Tract Map 16750, for public park purposes as required by the conditions a·f approval for VTTM 15609, at such time that the habitat restoration and reve~etation work· has been completed and accepted by the Resource Agencies. F. After accepting the Habitat Restoration Area for maintenance, City will perform such annual main tenance as required to maintain the area consistent with the IHLMP and, in order to · 'perfo.rm such maintenan~e. will draw upon tbe dedicated fund established by Subdivider (to be ~etermined by the PAR value). ''Exolic Vegetation Control Program G. Subdivider shall reinitiate the Exotic Vegetation Control Program (Attachment C, as it .may · be amended to reflect Resource Agency approvah for 22.6 acres of CitY-owned open space during the appropriate time period beginning . in August, 2006 and shall conclude said Program upon acceptance of th~ work by the Resource Agencies, J:>ased upon compliance with the conditions set forth in the IHLMP. City shall hold the estimated amount of $232,500.00 · from funds On deposit with City by Subdivider as · security to ensure performance and completion of the IHLMP Exotic Vegeta- tion Contro l Prpgram and related requirements. The estimated security amount is subject to change based upon approval by the Resource Agencies of an exotic vegetation control plan to be prepared and submitted by Subdivider . The parti.es .agree that the final amount to be provided by Subdivider to City to ensure successful exotic vegetation control" of the 22.~ acres shall be the amount established by the exotic vegetation control plan approved by the Resource Agencies, and shall include a 25 percent contingency. The .parties further agree that if the cos t of exotic vegetation contrpl exceeds the above stated projected cost, ~hen Subdivider shall pay the City the additional amount required within five (5) business days of t·eceipt of the approved number. A reductim1 in the amount of security held by the City shall be refunded by the City to Subdivider should the amount be less than that the above-stated e'stimated cost. --·· -·---· ---·-.. -· . -··· --- . . .. ~· ... · ......... . ( ,• ) ... :,::. ... H.· Subdiv.ider shall cause to be · prepared annual reports and a fin.al report to Resource Agencies with -a popy to the City, during and at the conclusion of the successful implementation of the Exotic Vegetation ContTol Program· identified iri Attachment C, as 'required by the lLHMP. J. In conformance with the: J!-ILMP, if the exotic vegetation control program is unsuccessful on the 22.6.acres at the end of five yea1:s, Subdivider shall implement a revegetation plan for CSS &S it was done for the 17.6 acre revegetation site. Success would be defined as complete control of exotic shrubs and meeting the stat~:d cover percentage (at least 60%) of CSS shrub species as I isted . in . the Pacific Point Conc yptua! Mitigation Plan, dated October I 6, I 996. If an active control program beyond five years is _needed, Su<;livider shall provide monitoring until success has been obtained. Subdivlder shall comp fy with all requir.ements of the Resource Agencies pursuant to the IHLMP and shaU receive final acceptance by the Resource Agencies prior to release of applicable security. 2. Security Subdivider sha'll, at all times beginning with the execution of this agreement, guarantee Subdivider's performance of this agreement by providing City with the following cash security instruments in order to insure performance. This cash security shall be in the form of a cash hold by the City on monies al ready on deposit with the City, and those monies are to be e:ntirely refundable to Subdivider upon compl etion of the obligations under this agreement, with respeqt to the following subsections a., b., and c. a. A cash security to insure performance in the amount of $18 1',250 .00, or other amount as established by the Resource Agency-approved revegetation plan as set forth in Section J .A. above, to ensure Subdivider's commitment to comp.lete installation of the Habitat Restoration {'roject and revegetation pla1i set forth on Attachment B and as approved by the Resource Agencies. . 1 • b. · A cash security to insure performance in the amount of $75,000.00, or ot her amount as established by the Resource Agency-approved r j:vegetation plan as set forth in Section I.A. above, to ensure Subdivid.er's commitment to complete the required years of maintenance and monitoring, including annual and final report preparation, as set forth in Attachment B and _as approved by the Resource. Agencies. c. A cash security to insure performance in the amount of $232,500.00, or other amount as established by the Resource Agency-approved Exotic Vegeta tion Removal Plan as set forth in Section J.G. above, to ·ensure Subdivider's commitment to complete the exotic vegetation removal as set forth in the JHLMP (Attachments A and C) and as approved by the Resource Agencies. 3. Time of Completion The Habitat Restoration Project (Attachment B, as it may be amended to reflect Resource Agency app roval) shall be initiated in September 2006 and completed upon acceptance of the work by the ResoLJrce Agencies. The Habitat Restoration Project shall be monitored and maintained for two years upon completion of installation, or as otherwise .required by the Resource Agencies. The revegetation plan :Shall be considered complete upon acceptance of the revegetation work by the Resource Agencies. . . The Exotic Vegetation Control Program (Attachme,nt C as it may be amended to reflect Resource Agency approval) shall be ·initiated in August 2006, and shall be monitored and maintained for ·five years fol·lowing the initial eradication ·effort, or as otherwise required by the Resource Agencies .. ------·----__ .. ___ .... ·-~·--·-·--------· --- I ' .j pursuant to the Ii-ILMP. The exotic vegetation removal,plan shall be considered complete upon acceptance of the work by the Resource Agencies · 4. Force Majeure . . Notwithstanding the provisions of Section 3. Time of Completion above, Subdivider.'s time for completion ofthe revegetation plan shall be extendecl for th'e period of al'!y enforced delay caused due to circumstances beyond the control and withounhe fault of Subdivider, includ- ing to the extent applicable adverse weather conditions, flood, earthquakes, strikes, lockouts, acts, or failures to act of.a public agency (including the City); provided, however, that .the pe- riod of any enforced delay hereunder shall not include any period longer than 30 days prior to City's receipt of written notice from Subdivider or its contractor detailing the grounds for Subdivider's claim to a right to extend its time for performance hereunder. 5. Effective Date of Agreement . This Agreement shall be.come effective as of the date · on which it is approved by the City Council. 6. Term of Agreement I Final Reports a. Subdividyr sl1all cause to be prepared by a qualified biologist a report documenting the installation of the approved revegetation plan (Attachment B, as amended to re-. fleet Resource Agency approval). A separ·ate final report shall be prepared by a quali- fied · biologist to documeJ')t-the success of the approyed exotfc vegetation control pro-· gram (Attachment C, as amended to reflect Resource Agency appr.oval). The final re- ports shall be provided to the Resource Agencies for review and approval. A copy of the reports shall also .be provided to the City. b. This agreement shall remain in full force and effect until otherwise mutually t~rmi nated by .the P11Ji:ies in writing. The terms of this agreement shall be conside,recl satis- fied upon acceptance of the habitat restoration and exotic vegetation removal work by the Resource Agencies, pursuant to the ILHMP. 7. Assignment This Agr~~ment shall not be assignable by Sub~ivider without written consent of City. 8. Miscellaneous Provisions · a. Governing Law. The Parties hereto acknowledge that this Agreement has been negoti~ ated and entered into in the State of CaJifomia. Accordingly, the Parties expressly agree that this agreement shall be governed a)'ld enforced in accordance with the State qf Cali~ fornia. . •. b. Time of }3ssence. The Parties agre~ that time is strictly of the essence with respect to each and every term and condition and failure to timely perfonn any of the terms, conditions, obligations or provisions hereof by· either party sliall constituter a material breach of and default under this agreement. c. Entire Agreem -ent. This Agreem~nt is the final expression of, and con.tains the entire agreement between the Parties with respect to the subject matter hereof and supersedes . ,_. ___ ..... --·· --.. --·-···~ ·-·---·-·---..... -------··~-·------------·---·--- DRAFT ,:;::) I. ,• -.::·: •. ·:. ' ' all prior understandings with respect thereto. This . agreement may not be modified, or terminated except by written instrument sign~d by the parties. . . d. Attorney's F~es . If any action at law or in equity is necessary to 'enforce or interpret the · terms of. the agreement, the prevailing pat1y shall be ef\titled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other reli (}fto which he may be entitled. IN WITNESS · WHEREOF, two identical counterparts of this AgreeryJent, each of V.:hich ·sha!l for all purposes be ~emed an original thereof, have been duly execu ted by the Subdi- VIder herem named on the ~ay of , 2006, the name and corporate seal of each corp01·at~ party being affixed and these prese ts duly signed by its unders igned representative(s) pursuant to authority of its governing body. SJD PARTNERS, LTD. A California Limi · d Partnership CITY OF SAN JUAN CAPISTRANO by~L&_ name David M. SwerdliJl.; ·. name _ __;62>;;....--=-~-il..:..... -'-'t-'z().-=----'--__,""'---'~::::.....;;;._ title ___ G_~_----=--------title Ma¥Qr ATTEST: Margaret R. 1-fOIIallan, Ca:ity Clerk Approved as to forin •, . --------------·------------ CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT • State of California Co1,1nty of .11Ef±.L..::N ...... BEu.c::;;_ _____ _ ·Place Notary Seal Above ~personally known to me · 0 (or proved to me on the basis of satisfactory evidence) to be the person(a) whose name(~@~ subscribed to the within instrument and acknow~~ed . to. me that (@sReAAey executed the ~e in~r authorized capacity~. and that by~ir signature~ on the instrument the person{st, or the entity upon behalf of which the perso~acted, executed the instrument. --------------------OPTIONAL------------------------ Though the Information bB/ow is not required by iaw, It may prove valuable to parsons relying on the document snd could prevent fraudulent removal and reslt8¢1msnt of this form to another document. ·DeS4:rjpti~n of Attached Document litle or Type of Document: ----------.......------------------ Document Date:-------~--=---------Number of Pages:-------- Slgner(s) Other Than· Named Above: Capacity(las) Claimed by Stgner(s) Signer's Name: ------------ 0 Individual 0 ·corporate Officer -lllle(s): D Partner -0 limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: -------- Signer Is Representing: RIGHT THUI,IOPiliNT OF SIGNeR Top of 1humb hers Signer's Name: D Individual 0 Corporate Officer -litle(s): --------- 0 Partner -0 Umited 0 General 0 Attorney In Fact OTrustee 0 Guardian or Conservator 0 Other:--------- Signer Is Representing: RIGHT THW!.OPRINT OF SIGI~E R Top of lhumb hera ' . PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County.ofOrange ) ss. City Qf San Juan Capistnlno ) (Gov 1t Code 40814 & Civil Code 1181) On July 7, 4,006, before me, Margaret R. Monahan. City Clerk, personally appeared David M. Swerdlin personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. . (SEAL) WITNESS my hand and official seal. . OPTIONAL Capacity Claimed by Signe!rs Description of Attached Document Mayor Special 4(d) · Interim Habitat Loss Implementation Agreement TTM 16750 Title Signe.ts are Representing Date: July 3, 2006 City of San Juan Capi!ltmno ------·-· ----·-····--~---.. ----·----·-· --·-------··----·--- I I I I I I I I I ! I EXHffiiT"N' LEGAL DESCRIPTION FOR OPEN SPACE EAS£MENT ···~ . ,•{··) ,.1 ••• ··.~.J In the City of San Juan Capistrano, County of Orange, State of California, l;leing those portions of .. Lots H and I of Tract No. 16750 as per map filed in Book , Pages through , inclusive, of Miscellaneous Maps in the office of the County Recorder of said County, described as follows: Parcel 1: Beginning at the east corner of said Lot I; thence along the northeasteriy boundary of said lot, · · North ~8"36'52" West 443.46 feet to southeasterly boundaiy of that certain ~asement s~own op said tract as "an easement for emergency and public security ingress ~d egress, domestic/non-domestic water system and appurtenances, public utility and sanitary sewer purposes dedicated to the City of San Juan Capistrano"; thence along said southeasterly boundary and northeasterly boundary of said easement the following courses: South '28°48'27" West 585:92 feet' to a tangent curve conca,ve· . ' ' . . northwesterly having a radius of 415.00 feet, southwesterly 85.35 feet along said curve through a . central angle of 11°47'00", South 40°35'27" West 102.53 feet to a tangent curve concave southeasterly having a radius of 185.00 feet, southwesterly 91.31 feet along said. curve through a central angle of 28°16'5Q", South 12°18'37" West 134.62 feet to a tangent curve cohc~ve northeasterly having a radius of 85.00 feet, southeasterly 125.99 feet along said curve through a central angle of 84"55'26" and South 72°36'49" East 135.08 feet to the southeasterly boundary of said l9t; thence along said southeasterly boundary North 40"05'11" East 1022.67 ~eet tq the Point «;>f Beginning. Excepting therefrom the following exceptions: Exception 1: . Commencing at said east comer; thence along said' northeasterly boundary North 58°36'52" West 291.89 feet to the True Point of Beginning; thence continuing along said northeasterly boundary Nor.th 58"36'52" West 75.00 feet; thence leaving said northeasterly boundary South 46°40'09" West revised: June 28, 2006 · May 18, 2006 W.O. 1890-15609AX Page 1 of 3 H&A LLA No. 6703 rrepared by: J. Lentejas Checked by: R. Williams/jl •...,........." "' ,,. ar-.. •-r n ··---··---·---... -....... ._,,_ I I I I I l I [ I I I I I .:.) 10.00 feet; thence North 56"59'42" West 40.00 feet; thence South 53°40'51" West 60.00 feet; thence South 08°58'14" West 120,00 feet; thence South 28°55'58" West 145.00 feet; thence South 18°45'1§" East 60.00 feet; thence South 69°09'51" East' 20.00 feet; thence North 83°04'00'' East 50.DO feet; thence South 46°39'26" East 75.00 feet to a point hereinafter referred to as Point "A"; thence North 19"27'48" East 115.00 feet; thence North 17"47'54" West 110.00 feet; thence North 51°01'53" East 80,00 feet; thence North 24°21'23'' East 80.00 feet to the True Point of Begim:'-ing. Exception 2: Commencing at hereinabove described Point "A"; thence South 45"32'50" West 81.85 feet to the True Point of Beginning; thence North 74°13'42" West 40.00 feet; thence South 54°34'33" West 25.00 feet; thence South 20°07'04" West 60.00 feet; then~ South 44°11'17" East 30.00 feet; thence. North 62°04'43" East 30.00 feet; thence North 30°30'09'' East 40.00 feet; thence North 19"40'18" East 35.00 feet to tbe True Point of Beginning. Exception 3: . Commencing at the southeast comer .of &aid Lot I; thence North 12°55'53" West 101.88 feet to the True Point of Beginning; thence North 44°11 '58" East 155.00 feet; thence North 43"'04'50" East 120.00 feet; thence North 32°59'03" East 50.00 feet; thence North 23°13'55" East 65.00 feet; thence North 28°09'17" West 60.00 feet; thence North 31°40'17" West 35.00 feet; thence North 85°00'59" West 70.00 feet; thence South 77°07'55" West 20.00 feet; thence South 22°03'34" West 85.00 feet; thence South 53°19'31" West 30.00 feet; thence North 71°18'18" West 55.00 feet; thence South . . 47°10'58" West 35.00 feet; thence South 12°09'57" West 40.00 feet; thence South 06°34'47'.' West 60.00 feet; thence South 28°13'20" West 20.00 feet; thence South 65°12'57" West 30.00 feet; thence South 22°37'35'' West 60.00 feet; thence South ·01°31'40'' East ~0.00 feet; thence South 30°53'27" East 45.00 feet; thence South 76°15'09" East BO.OO ·feet to the True Point of Beginning. Parcel2: Beginning at the northeast corner of said Lot H; thence along the easterly boundary of said lot ilie following courses: South 14°45'37" West 155.48 feet and South 02"29'03" West 249.38 feet to the revised: June 28, 2.006 May 18,2006 W.O. 1890-15609AX Page 2 of 3 H&A LLANo . 6703 Prepared by: J. Lentejas Checked by: R. Willlams/jl .. j I I I I ! ,. ··~) , .. ~ southerly boundary of said lot; thence along tb¢ boundary of s~id Jot the following courses: North 78°00'00" West 142.72 feet, South 72°00'00" West 356.66 feet, North 63°00'00" West 150.40 feet, North 15°37'47" East 73.82 feet, North 48°17'28" East 280 .. 71 feet and North 60°26'24" East 396.72 feet to a point on a·non-tangent curve concave northeasterly having a radius of 125.00 feet, a radial .line to s~lid point bears South 53"01'00" West and said curve b~ing the ~>outhw~terly bo~dary of that certain easement for pipe lines purposes in favor of Southern California Gas Company recorded on February 15, 1979 in Book 13036, Pages 1155 and 1158 of Official Records of said County; thence along the boundary of said easement the following courses; southeasterly 77.73 feet along said curve through a central angle of 35°37'4~" and North 17°23'11" East 10.00 feet to the northeasterly boundary of said lot; thence South 72°36?49" East 24.32 feet to the Point of Beginning . All as shown on Exhibit "B" attached hereto and by this reference made a part hereof. { Rory S. ill i<UJ?.S, L.S. No. 665 ·License Exp iJ.t' De~mbe r 31, 2007 Date; (J7 3RT&6 ·. revised: June 28, 2006 Mayl8, 2006 W.O. 1890-15609AX Page 3 of 3 H&A LLANo. 6703 Prepared by: J. Lentejas Checlced by: R. Williams/jl -·-----~·-. ---------.. _____ _ ----·-·---·~--- I_ ···- :'''. ··.·. ;· .... EXHIBIT "8" .. Sketch to Accompany Legal D~Iscription ··..... ··., . . :::;::· ....... . :::.·.·: ., '•,•;:··· .. :· .. ·· '• ., ..... •: ~·.::I .. -...:.·:. n. ~ .. · ::: ...... ... .. ·~:··~. ----~------ SEE SHEET 3 : :··. ··;·· ... ' .... ... . . . 1 .· • HUNSAKER & ASSOCIATES ·EASEME.NT I R V I N E • 1 N c · FOR OPEN SPACE Pt)RPOSES PlANNINC • £NCINEERING • SURVEYING I --- T\lreo Huzhes • trvne, CA 92618 • rtt (949) SBl-'1010 • FX: (949) S6l ·D759 IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORAN~E, STATE OF CAUF ORNIA • OA'Tt: 5-18-06 ~~~ 6-27-06 ·~~ J.LENTEJAS ~~·d R. WIL LI AMS SCALE:. 1"::::250' W.O. 1890M15609AX mE> !:\PACIFIC POI NT\LD\6703\SHT01.dwg H&A LEGAL No. 6703 SHEET 1 OF 4 '· ... .... .. ;''•, •,,,1 .. ::· ... · .•. ·. '• .. ..... ::· ... .... l~ ... :: ·· .. ..... '• '•. (i··. '••' '• '• EXHIBIT "8" . Sketch to Accompany Lega~ Description .· T.P.O:B. C.3 . ··~ j ..... ) ... ~ PO INT A ..·· •' P.O.C. EXC. 2 ------~-~ --------SOUTHEAST CORNE;R OF LOT I --- SEE SHEET NOTE: SEE SHEET 4 FOR LJNE TABLE AND EASEMENT NOTES • HUNSAKER & ASSOCIATES . I RvINE I . 1 -N c. PlANNING • ENGINEERING · • SURVEYING Threo Hughes •Irvine, c:A 92£>19 • PH; (949) SUl•101D • fX: (949) S6l·O?S9 IN THE CITY OF SAN JUAti CAPISTRANO, COUNTY OF ORANllE. STATE OF·CALIFORHtA EASEMENT . FOR OPEN SPACE PURPOSES om: 5-:18-06 ~!~& 6-27-06 ·~': J.LENTEJAS g~·d R. WILLIAMS . SCALE: 1"=150' . W.O. 1890-15609AX me, -1:\PACIFIC POI NT\LD\57D3\SHT02.<;l wg H&A LEGAL No. 6703 SHEET 2 OF 4 ------------------- ) 't I # EXHIBIT "8" Sketoh to .Accompany Legfll Description SEE SHEET 2 NOTE: SEE SHEET 4 FOR EASEMENT NOTES PARCEL 2 4.298 AC . :uo (} 'T' ••u r·~ ~·:·· :·:·: .... '•' . · ... · ~ . . . ' : 8 io , .•.. . ·rn n .... . ~ ~ ....... i ~ N ... ,; VI EASEMENT IRVINE, INC . FOR OPEN SPACE PURPOSES • HUNSAKER & ASSOCIATES PLANNING • ENCINS:RINCl • SURVEYING Tllree Hughes •. lr.ine, CA 9261B • PH: (949) SBJ-1010 • f)(: (!149) so3·07S9 IN THE Crh' OF SAN JUAN CAPISTRANO, COUNTY OF O~ANGE, STATE OF CALIFORNIA I>"T ~ 5-18-06 ~~ 6-27--06 ·~~ J.LENTEJAS ~d R. WilliAMS SCALE: 1"==150' W.O. 1890~15609AX nl£, 1:\PACIFIC POIN T\LD\6703\SHT03.dwg H&A LEGAL No. 6703 SHEET 3 OF 4 -.. _ .. _ -·------------------------·----------------····---- ) EXHIBIT "8" . Sketc.h to Accompany Legal Desoription I LINE TABLE LINE BEARING LENGTH L1 S28"55 '5B"W 145.00' ·L2 SOB"56'14"W 120.00' EASEMENT NOTES: · L3 S53"40'5 1"W 60 .00' © INDICATES AN EASEMENT fOR ROAD, PIPE LINES AND . POWER LINES L4 N56' 59'42"W 40.00' L5 S46"40'0 9"W 10.00' PURPOSES IN FAVOR OF PAUL D. HOSMAN AND IRENE T. HOSMAN, L6 N24"21'23"E 80 .00' RECORDED MAY 18, 19501 IN BOOK 2014 , PAGE 476, O.R. l7 N51"01'53"E 80.00' ·® INDICATES AN EASEMENT fOR PIPE LINES PURPOSES IN FAVOR OF LB N17'47'54"W 110.00' SOUTHERN CA l:J FORNIA GA'S COMPANY, RECORDED FEBRUARY 15, l9 N19"27'48"E 115.00' 1979, IN BOOK 13036, PAGES 1155 AND 1158 , O.R. L10 S4S"39 '26':E 75.DO' INDICAT~S AN, EASEMENT FOR EMERGENCY AND PUBLIC SECURITY L11 NB3"04'oo"E 50.00' L12 S69"09'51"E 20.00' INGRESS AND EGRESS, DDMESliC/NON-DOMESllC WATER SYSTEM ® AND APPURTENANCES, PUBLIC UTILITY AND SANITARY SEWER . I L13 . S18"45'16"E 60 .00' PURPOSES DEDICATED TO TliE CITY OF SAN JUAN CAPISTR;t>.NO IN l14 s2o•oto4 ·w 60.00' TRACT NO. 16750 AS PER MAP FILED IN BOOK , ·PAGES L15 ss4·· J4'::l:l'w 25.00' TI-!R.OU.GH , IN CLUSIVE Of MISCE LL ANEOUS MAPS 1/') TliE OFFICE L16 'N74"i3'42"W 40.00' OF THE COUNlY RECORDER OF SAID COUNTY. L17 N19' 40'18"E 35.00' INDIC-ATES AN EASEMENT FOR MAINTENANCE OF EASEMENTS L1B N30" ::lD'09"E . 40.00' CD PURPOSES IN FAVOR OF PAUL T. CARAHER JR., ET AL, L19 N62"04'43"E 30.00' RECORDED FEBR UARY 4, 1971 IN BOOK 9537, L20 S44"11'17"E 30.00' PAGE 195. OF' OFFlCIAL RECORDS. -L21 N44 "11'58"E 155.00' L22 N43"D4'50"E 120.00' L23 N32"59'03"E 50.00 ' L24 N23"1.3'55"E 65 .00' L25 N28"09'17"W 60.00' L26 N31'40'17"W 35.00' L27 NB5'00'59"W 70.00' ) , L28 S77'07'55"W 20.00' L29 S22"D3'34 "W 65.00' ' L30 S5.3'19'31"W Jo:oo· ' L31 N71"18'1B"W 55.00' L32 ·54 7'1 o'ss"w 35 .00' l33 Si2"09'57'W 40.00' L34 S05'3r\'47 "W 60.00' L35 S28'13'20 ''W 20.00' L36 SW12'57"W 30.00' L37 S22'37'35''W 60.00' L38 SOl" 31' 40"E 40.00' ·. LJ9 S30'53 '27'E 45.00' l40 576"15'09"[ 80.00' . II HUNSAKER & ASSOCIATES .EASEMENT I R V I N E , I N C ', FOR ~PE1'1! SPACE PURPOSES • PLANNING • ENONEERINC • SURVEYING ; ....... Huch<>• • IMno, U\ 9:iu1U • PH: 19~9) :IIIJ·101D • .f)(: 19~9). 583·0759 IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF C~IFOR~IA DHC : 5-18-06 l ~~~E 6-27-06 I ·~~ J.LENTEJAS CK 'd R. WILliAMS SCALE: 1"::::200' W.O. 1890-15809AX By. FlLE: 1:\PACIFIC POINl\LD\ 6703\SHT04.dwg H&A LEGAL No. 6703 SHEET 4 OF 4 ------·--·-·--- Map Check Record: I: \PACIFIC POINT\LD\6703\MapCheck\PARCEL 1 .. cgc Pate: 06/27/06 3:34:52 PM Date .Created: 05/12/06 3:42:57 PM By: jeanne Tl. tle: PARCEL 1 crs Bearing Starting Coordinates 1. N 58°36'52 11 2. s 28°48 1 27 11 N 61 ° 11 I 3 3 II 3. +11°47 1 00" 8 49°24'33 11 4 . s 40°35 1 27" 8 49°24 1 33 11 5. -28°16 1 50 11 N 77041'23 11 6. s 12°18'37 11 8 77°4;1 1 23 11 7. -84°55 1 26 11 s 17 °23 I 11 11 8. s 72°36 1 4911 9. N 40°05 1 :).1 11 Ending Coordinates ERROR OF CLOSURE w w w RAD L"' E RAD w E RAD L:::: w RAD w E RAD L= W RAD E E Distance 443.46 585.92 415.00 85.35 T= 42.83 415.00 102.53 185.00 91.31 T= 46.61 185.00 134.62 85.00 125.99 T~ 77.78 85.00 135.08 1022.67 s 77°46 1 06" w \" 0.010 Northing 120613.9590 120844.9105 120331.5018 120531.4772 120261.4563 120183.5976 120063.2268 120102.6699 . 119971.1451 119953.0227 119871.9062 119831.5424 120613.9610 120613.9590 Delta N -0.0020 Easting 129353.4770 128974.9031 128692.5668 128328.9257 128644.0665 128577.3551 128717.8395 128.537.0932 128508.3914 128591.4371 128566.0379 128694. 9462 129353.4863 129·353. 4770 Delta E -0.0093 Oqe,part in 286794 Perlmeter = 2726.94 ft; Area = 357186.36 sq ft, 8.200 Acres 1 -----· -·--------··-· ---·-·-·-·------·-···-- LAGUNA NIGUEL DANA POINT Pacifica San Juan Off-Site Mitigation COUNTY OF ORANGE LEGEND City Boundary Property Boundary HMMP Boundary (33.2 acres) ATTACHMENT 2 Pacifica San Juan On-Site Mitigation ATTACHMENT 3 RESOLUTION NO. 15-09-15-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA APPROVING AMENDED AND RESTATED SPECIAL 4(d) INTERIM HABITAT LOSS IMPLEMENTATION AGREEMENT, ACCEPTING A SURETY BOND IN THE AMOUNT OF $3,000,000 REQUIRED PER THE AGREEMENT, APPROVING MODIFICATION TO CONDITIONS OF APPROVAL OF VESTING TENTATIVE TRACT MAP (VTTM) 15609 (RESOLUTION NO. 03-09-16-06) (PACIFICA SAN JUAN), AND APPROVING AN OPEN SPACE EASEMENT AND A PUBLIC TRAIL EASEMENT ON LOT H OF FINAL TRACT MAP 16750 (ASSESSOR PARCEL NUMBER 675-421-18) WHEREAS, the City Council of the City of San Juan Capistrano ("City"), on September 16, 2003, approved Resolution No. 03-09-16-06 approving Vesting Tentative Tract map (VTTM) 15609 for the development of 279 dwellings on the 165 .5 acre portion of the 259 acre Pacifica San Juan Site ("Pacifica San Juan project") located at the terminus of Valle Road, east of Interstate 5, subject to certain mitigation measures and conditions of approval; and, WHEREAS, in 2006, the City and the previous owner and developer of the Pacifica San Juan project entered into a Special 4(d) Interim Habitat Loss Implementation Agreement ("Habitat Agreement") to ensure completion of the mitigation measures adopted when the Pacifica San Juan project was approved; and, WHEREAS, due to economic conditions and a downturn in the housing market, the Pacifica San Juan project was never constructed and the previoUs owner/developer never completed the habitat restoration project contemplated in the Habitat Agreement; and, WHEREAS, Pacific Point Development Partners LLC, a Delaware limited liability company is the current owner and developer ("Developer") of Pacifica San Juan project; and, WHEREAS, over the past year, City staff and the Developer have worked to identify necessary modifications to the Habitat Agreement, and one condition of approval pertaining to the Pacifica San Juan project to suit the current conditions of that project; and, WHEREAS, regarding the Habitat Agreement, the City and Developer propose to amend the agreement to include a new off-site restoration area of 33.2 acres within the City's Northwest Open Space and propose for the City to accept a Surety Bond in the amount of $3,000,000 as r~quired per the Habitat Agreement; and, 1 ATTACHMENT 4 WHEREAS, regarding the Pacifica San Juan project's conditions of approval, Section 1.6-8 of "Engineering & Building conditions of approval" of Vesting Tentative Tract Map (VTTM) 15609 requires that " .. .Lot "K" (Vista Point) [currently Lot H of Final Tract Map 16750] shall be dedicated to the City of San Juan Capistrano in accordance with the provisions of the Subdivision Map Acf'; and, WHEREAS, the Developer and City have agreed that the Developer shall retain ownership of the Lot H (formerly Lot K of VTTM 15609) and record a perpetual open space easement over Lot H and a perpetual public trail easement within Lot H; and, WHEREAS, pursuant to Title 14, California Code of Regulations, Division 6, Chapter 3 ("State CEQA Guidelines"), section 15367, the City is lead agency for purposes of amending the Habitat Agreement, accepting the Surety Bond, modifying the condition of approval, and accepting the open space and trail easements (together, the "Project"); and, WHEREAS, the City has determined that the Project is categorically exempt from environmental review under the California Environmental Quality Act ("CEQA") pursuant to a Class 8 categorical exemption (State CEQA Guidelines, § 15308), which provides actions by regulatory agencies for protection of the environment; and, WHEREAS, the City has determined that none of the exceptions to the categorical exemption outlined in State CEQA Guidelines section 15300.2 apply to the project; and, WHEREAS, the foregoing exemption is sufficient to independently exempt the whole of the action from CEQA; and, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO HEREBY RESOLVES AS FOLLOWS: Section 1. Recitals. The City Council hereby finds and determines that all of the recitals set forth above are true and correct. The above recitals are hereby incorporated as substantive findings of this Resolution. Section 2. CEQA Findings. The City Council hereby finds that the Project is exempt from review under CEQA pursuant to a Class 8 exemption for actions by regulatory agencies for protection of the environment because, while it modifies the Habitat Agreement and a condition of approval regarding dedication of a lot to the City, the Habitat Agreement amendment and the condition of approval modification require the Developer to: (1) establish an off-site restoration area of 33.2 acres and (2) record a perpetual open space easement over the lot and a perpetual public trail easement within the lot. Ensuring that the off-site restoration project will take place will benefit adjacent City-owned land as part of the continuous effort to improve the North West Open Space for public and environmental benefit. No construction activities or relaxation of standards that would allow environmental degradation are proposed or will come to pass, due to the recorded easements. No currently existing statutory protections are removed by the Project. Thus, 2 the Project is an action that will maintain, enhance, and protect the environment within the specific lot, and generally within the area and is therefore exempt under the Class 8 exemption. (State CEQA Guidelines,§ 15308.) This ground is independently sufficient to exempt the entire Project from CEQA. The City Council further finds that none of the exceptions to the Class 8 categorical exemption apply to the Project. (See State CEQA Guidelines,§ 15300.2.) Specifically, the cumulative impact of successive projects of this same type in the same place over time would not produce a potentially significant impact. Successive projects would in contrast continue to preserve additional lands in perpetuity and restore, conserve, and enhance City property. Further, the Project will not result in damage to scenic resources within a scenic highway. The Project preserves open space and trail access in perpetuity, and no construction or alteration of any scenic resource will result from the Project. There are no known hazardous waste sites on the Project site, and the Project proposes no change in the significance of a historical resource. Therefore, none of the circumstances outlined in State CEQA Guidelines, section 15300.2 apply. Thus, the Class 8 categorical exemption outlined above remains applicable to the proposed Project. Section 3. Habitat Agreement. The City Council does hereby approve the Amended and Restated Special 4(d) Interim Habitat Loss Implementation Agreement, attached hereto and incorporated herein as Exhibit A. Section 4. Surety Bond. The City Council does hereby accept Pacific Point Development Partners' Surety Bond in the amount of $3,000 ,000, attached hereto as Exhibit B, to serve as security for the performance of the activities identified in the Amended and Restated Special4(d) Interim Habitat Loss Implementation Agreement. Section 5. Modification of Condition of Approval 1.6-8. The City Council does hereby make the following modification to the Section 1.6-8 of "Engineering & Building conditions approval" of VTTM 15609 as follows: 1.6-8 Pacific Point Development Partners LLC or its successors and assigns shall retain ownership of Lot H of Final Tract Map 16750 (formerly Lot K of Vesting Tentative Tract Map 15609) and shall record an Open Space Easement on Lot H and a Public Trail Easement within Lot H. The Developer/HOA shall be responsible of maintenance of the trail. Section 6. Open Space and Trail Easements. The City Council does hereby approve the open space easement over Lot H of Final Tract Map 16750 and the trail easement within Lot H of Final Tract Map 16750, as attached hereto and incorporated herein as Exhibit C and Exhibit D. Section 7. Notice of Exemption. Within five (5) working days after the passage and adoption of this Resolution, the City Council hereby authorizes and directs staff to prepare, 3 execute, and file with the Orange County Clerk a Notice of Exemption for the proposed Project. PASSED, APPROVED, AND ADOPTED this 151h day of September 2015. DEREK REEVE, MAYOR ATTEST: MARIA MORRIS, CITY CLERK 4 Recording requested by and when recorded return to: City of San Juan Capistrano Attn: City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 ______ , City Clerk City of San Juan Capistrano EXHIBIT A Amended and Restated Special 4(d) Interim Habitat Loss Implementation Agreement Subject: Revised Special 4( d) Approval for the Pacific Point Project THIS AGREEMENT is made this __ day of __ , 2015, between the CITY OF SAN JUAN CAPISTRANO, a municipal corporation, State of California, hereinafter referred to as "City" and Pacific Point Development Partners LLC, a Delaware limited liability company, hereinafter referred to as "Pacific Point DP." WHEREAS, Pacific Point DP currently is the owner and developer of Pacifica San Juan, an approximately 256-acre master planned community ("Project") located in the City; and WHEREAS, the Project was the subject of a Special 4(d) Rule Interim Habitat Loss Mitigation Planfor Tentative Tract Map 14196 Pacific Point Project (a.k.a . Pacifica San Juan), County of Orange, issued by the U.S. Fish and Wildlife Service ("USFWS") and the California Department ofFish and Game (now known as the California Department ofFish and Wildlife) ("CDFW") (collectively, "Resource Agencies") on January 31, 1997 ("Special4( d) Approval"); and WHEREAS, the Special4(d) Approval required 2.6 acres of on-site coastal sage scrub ("CSS") preservation, 17.6 acres of on-site CSS restoration, and 22.6 acres of off-site exotic vegetation control, for a total of 42.8 acres of land to be preserved, restored, or conserved; and WHEREAS, the prior developer of the Project, SJD Partners, Ltd. ("SJD"), began development ofthe Project in 1999, and concurrent with that development, SJD commenced implementation of the Project's conditions of approval, including the on-site CSS restoration requirements contained in the Special 4( d) Approval; and WHEREAS, approximately 11.1 acres of the required 17.6 acres of on-site CSS restoration area were enhanced in 2006 and 2007 through preservation, planting of native species, and removal of non-native species and trash; and WHEREAS, SJD and the City entered into a Special 4( d) Interim Habitat Loss Implementation Agreement in 2006 ("2006 Agreement") as a method of ensuring completion of the Special 4( d) Approval, including the establishment of a trust account for long term maintenance as required under the Special 4( d) Approval; and WHEREAS, during its ownership of the Project site, SJD sold a portion of the 17.6-acre area identified for on-site restoration, leaving 9.6 acres within the 17.6-acre area available for restoration; and WHEREAS, LV Pacific Point LLC took control ofthe Project site in 2012, and conferred with the Resource Agencies regarding an amendment to the Special 4( d) Approval associated with development of the Project; and WHEREAS, the Resource Agencies issued a Revised Special4(d) Rule Interim Habitat Loss Permit for Tentative Tract 14196 (Pacific Point Project aka Pacifica San Juan), Orange County, California, on February 11, 2015 ("Revised Special 4( d) Approval"); and WHEREAS, the Revised Special 4(d) Approval required LV Pacific Point LLC to implement modified conservation measures, including the perpetual management, maintenance, and monitoring of a total of 42.8 acres of mitigation area, which would adequately address both the on-site shortfall in conservation land and the off-site mitigation requirements; and WHEREAS, Pacific Point DP acquired the Project site on May 19,2015, and seeks to develop the Project consistent with the requirements ofthe Revised Special 4(d) Approval; and WHEREAS, Pacific Point DP and the City have agreed to amend and restate the 2006 Agreement to insure completion of the requirements ofthe Revised Special4(d) Approval and that this Agreement will supersede the 2006 Agreement. NOW THEREFORE, City and Pacific Point DP hereby agree as follows: 1. General Requirements a. Mitigation Plans. Prior to the issuance of additional building permits (excluding model home building permits and permits for Final Tract Map 14196 Lot 3) within Final Tract Map 14196 and 16750, Pacific Point DP or its successors and assigns (hereinafter, the "Developer") shall receive approval ofthe 2014 Revised Special4(d) Rule Interim Habitat Loss Mitigation Plan (On-Site) for Tentative Tract Map 14196 Pacifica San Juan (a.k.a. Pacific Point) ("On-Site Mitigation Plan") and the 2014 Revised Special 4(d) Rule Interim Habitat Loss Mitigation Plan (Off-Site) for Tentative Tract Map 14196 Pacifica San Juan (a.k.a. Pacific Point) ("Off-Site Mitigation Plan") (collectively, "Mitigation Plans") from the Resource Agencies and the City. b. On-site Restoration Project. Developer shall complete installation of the on-site restoration and conservation actions, including but not limited to the restoration and conservation of approximately 9.6 acres of CSS located on the Project site ("On-site Restoration Project"), identified in the On-Site Mitigation Plan. The 2 9.6 acres of CSS to be restored and conserved are identified as Lot H and Lot I on Tract No. 16750 recorded on July 14, 2006 as Instrument No. 2006000470733 in Book 883, Page 1-10 M/M ofthe County of Orange, County Clerk-Recorder's Office, and are further described in the On-Site Mitigation Plan ("On-site Restoration Area"). Developer shall retain ownership of both Lot H and Lot I. With regard to Lot H, Developer shall execute and allow the recording of a perpetual open space easement over LotH (the "Open Space Easement"). The Open Space Easement shall be substantially in the form attached hereto as Exhibit A. In addition, Developer shall execute and allow the recording of a perpetual public trail easement within LotH (the "Public Trail Easement"). The Public Trail Easement shall be substantially in the form attached hereto as Exhibit B. The right-of-way created by the Public Trail Easement shall consist of an approximately 10-foot-wide public trail, in substantial conformance with the trail depicted on Schedule 1 to Exhibit B. To the extent the alignment, length or width of the right-of-way require any modifications as a result of soil conditions or other engineering constraints encountered during construction of the right-of- way, the Developer shall seek approval, which shall not be unreasonably withheld, from the City for such modifications and, if required, shall amend the Public Trail Easement to reflect the modifications. The On-site Restoration Area shall remain as permanent open space. All restoration and conservation activities within the On-site Restoration Area shall be the responsibility of the Developer, and all on-going management and monitoring of the On-site Restoration Area shall be the obligation of a Resource Agencies-approved management entity in accordance with a non-wasting endowment established by the Developer and a conservation easement subject to enforcement by the grantee of the conservation easement. b. Off-site Restoration Project. Prior to the issuance of additional building permits (excluding model home building permits and permits for Final Tract Map 14196 Lot 3) within Final Tract Maps 14196 and 16750, Developer shall execute a Restoration and Conservation Agreement ("RCA") with the Laguna Heights Community Association ("LHCA") which is the homeowners association for the Laguna Heights Community, a residential community located in Laguna Niguel, California. The RCA shall allow for utilization of at least 33.2 acres of LHCA- owned open space lands ("Off-site Restoration Area") for Project-related off- site restoration and conservation consistent with the Revised Special 4( d) Approval ("Off-site Restoration Project"). Developer shall complete installation of the off-site restoration and conservation actions identified in the Off-Site Mitigation Plan. The Off-site Restoration Area shall remain as permanent open space. All restoration and conservation activities within the Off- site Restoration Area shall be the responsibility of the Developer, and all on-going management and monitoring of the Off-site Restoration Area shall be the obligation of a Resource Agencies-approved management entity in accordance with a non-wasting endowment established by the Developer and a conservation easement subject to enforcement by the grantee of the conservation easement. In the event the Developer is unable to use those lands owned by the LHCA to satisfy its obligations under the Revised Special 4( d) Approval, the Developer 3 shall be solely responsible for identifying replacement lands in satisfaction of those obligations. c. Restoration and Conservation Costs. All restoration and conservation costs associated with the On-site Restoration Project and the Off-site Restoration Project until performance criteria established by the Resource Agencies are achieved, as determined by the Resource Agencies, are the responsibility of Developer, regardless of whether the On-site Restoration Area or the Off-site Restoration Area are owned by the Developer. d . Conservation Easements. Prior to issuance of building permits (excluding model home permits and permits for Final Tract map 14196 Lot 3) within Final Tract Maps 15609, 15687, 16747, 16751 and 16752, Developer shall record conservation easements in a form approved by the Resource Agencies ensuring the protection and maintenance of the 42.8 acres of the On-site Restoration Area and Off-site Restoration Area as described in the Mitigation Plans as natural open space in perpetuity ("Conservation Easements"). The Resource Agencies will act as third-party beneficiaries to the Conservation Easements. In the event Developer is unable to encumber the On-site Restoration Area and the Off-site Restoration Area with in-perpetuity Conservation Easements, the Developer shall be solely responsible for identifying replacement lands that will accept such Conservations Easements. The long-term management, maintenance, monitoring and reporting, and any other management activities required in the Mitigation Plans for the On-site Restoration Area and the Off-site Restoration Area, respectively, shall be the responsibility of a third-party conservation organization(s) selected by the Developer and approved by the Resource Agencies ("Management Entity(ies)"). The City agrees that the grantee(s) of the Conservation Easements may also be the Management Entity(ies). e. Endowment(s). Developer shall establish one or more non-wasting endowments for the benefit of the On-site Restoration Area and the Off-site Restoration Area to fund the Management Entity's(ies') performance of the activities required in the On-Site Mitigation Plan and the Off-Site Mitigation Plan ("Endowments"). The establishment of the Endowments shall be based on a Property Analysis Record ("PAR") prepared by the Management Entity(ies ). All costs associated with the On-site Restoration Project and the Off-site Restoration Project, the establishment ofthe Endowments, and the establishment ofthe Conservation Easements, as required by the Resource Agencies, shall be the responsibility of the Developer. The perpetual management ofthe 42.8 acres of On-site Restoration Area and the Off-site Restoration Area and the additional activities funded by the $350,000 will be described in perpetual management plans that are revised and approved by the Resource Agencies prior to establishing the non- wasting endowment. 4 2. Security a. Surety Bond. Pursuant to the Revised Special 4( d) Approval and further communications between the Developer and CDFW, Developer shall, prior to issuance of additional building permits (excluding model home building permits and permits for Final Tract Map 14194 Lot 3) within Final Tract Maps 14196 and 16750, guarantee Developer's performance ofthis Agreement by providing a surety bond naming the City as beneficiary in the amount of three (3) million dollars to serve as security for the performance of the activities identified in the On-Site Mitigation Plan and the Off-Site Mitigation Plan. As required by the Revised Special4(d) Approval, if the surety bond is established after 2015, it will be adjusted for inflation using the consumer price index. b. Revision to Surety Bond. The surety bond shall cover the cost of the activities identified in the On-Site Mitigation Plan and the Off-Site Mitigation Plan. The surety bond shall also serve to secure the Endowment established pursuant to Section 1(e) ofthis Agreement. At such time as (i) the Developer executes agreements with one or more contractors or consultants to perform the activities identified in the On-Site Management Plan and the Off-Site Management Plan, and (ii) the Management Entity(ies) completes the PAR, the Developer shall provide a revised surety bond to the City that reflects (i) the costs to complete the activities identified in the On-Site Mitigation Plan and the Off-Site Mitigation Plan, as those costs are determined at that time, and (ii) the amount of the Endowment plus $350,000 for additional restoration and conservation activities benefitting open space within the City. Once the amount of the Endowment has been calculated pursuant to Section 1(e), and that amount plus $350,000 for additional restoration and conservation activities benefiting open space within the City has been transferred to the Management Entity(ies), the amount of the surety bond will be reduced accordingly. c. Enforcement of Surety Bond Performance. The surety bond shall allow the City to enforce surety bond performance at the request ofthe CDFW, if the CDFW determines, in its sole discretion, that the Developer has failed to meet its mitigation obligations under the Revised Special 4( d) Approval. 3. Time of Completion The On-site Restoration Project and the Off-site Restoration Project shall be initiated no later than December 1, 2015, and continue until such time as the Resource Agencies determine that the performance criteria established by the Resource Agencies have been achieved pursuant to the Revised Special 4(d) Approval. 4. Force Majeure Notwithstanding the provisions of Section 3. Time of Completion above, Developer's time for completion of the On-Site Mitigation Plan and the Off-Site Mitigation Plan shall be extended for the period of any enforced delay caused due to circumstances beyond the 5 control and without the fault of Developer, including to the extent applicable adverse weather conditions, flood, earthquakes, strikes, lockouts, acts, or failures to act of a public agency (including the City); provided, however, that the period of any enforced delay hereunder shall not include any period longer than 30 days prior to City's receipt of written notice from Developer detailing the grounds for Developer's claim to a right to extend its time for performance hereunder. 5. Effective Date of Agreement This Agreement shall become effective as of the date on which it is approved by the City Council and this Agreement shall supersede the 2006 Agreement. 6. Term of Agreement/Final Reports a. Developer shall cause to be prepared by a qualified biologist a report documenting the installation ofthe On-site Restoration Project and the Off-site Restoration Project. The final report shall be provided to the Resource Agencies for review and approval. A copy of the report shall also be provided to the City. b. This Agreement shall remain in full force and effect until otherwise mutually terminated by the Parties in writing. The terms of this Agreement shall be considered satisfied upon such time as the Resource Agencies determine that the performance criteria established by the Resource Agencies have been achieved, pursuant to the Revised Special 4( d) Approval. 7. Assignment This Agreement shall be assignable by Developer with written notice to the City, which notice shall be provided by the Developer to the City within 30 days prior to the effective date of the assignment. 8. Miscellaneous Provisions a. Governing Law. The Parties hereto acknowledge that this Agreement has been negotiated and entered into in the State of California. Accordingly, the Parties expressly agree that this Agreement shall be governed and enforced in accordance with the State of California. b. Time of Essence. The Parties agree that time is strictly of the essence with respect to each and every term and condition and failure to timely perform any of the terms, conditions, obligations or provisions hereof by either party shall constitute a material breach of and default under this Agreement. c. Entire Agreement. This Agreement is the final expression of, and contains the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior understandings with respect thereto. This Agreement may not be modified, or terminated except by written instrument signed by the Parties. 6 d. Attorney's Fees. If any action at law or in equity is necessary to enforce or interpret the terms of the Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. IN WITNESS WHEREOF, two identical counterparts of this Agreement, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Developer herein named on the _ day of __ , 2015, the name and corporate seal of each corporate party being affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. 7 PACIFIC POINT DEVELOPMENT PARTNERS LLC, a Delaware limited liability company By: Taylor Morrison Pacific Point Holdings, LLC Its: Managing Member By: Name: ------------------------- Title: CITY OF SAN JUAN CAPISTRANO By: Name: ------------------------- Title: ATTEST Maria Morris, City Clerk APPROVED AS TO FORM JeffBallinger, City Attorney (Signature Page to Amended and Restated Special4(d) Interim Habitat Loss Implementation Agreement) 8 Exhibit A Open Space Easement 9 RECORDING REQUESTED BY City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AND WHEN RECORDED MAIL TO: City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Exempt from Recording Fees : Gov. Code 27383 City of San Juan Capistrano APN: 675-421-18 SPACE ABOVE THIS LINE FOR RECORDER'S USE Documentary Transfer Tax NO TAX DU E ; RECORDING REQUESTED PER GOVERNMENT CODE SECTION 6 I 03 GRANT DEED-OPEN SPACE EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Pacific Point Development Partners LLC, a Delaware limited liability company ("Grantor"), grants to City of San Juan Capistrano, a California municipal corporation ("Grantee"), over, under, and across all that real property situated in the City of San Juan Capistrano, County of Orange, State of California more particularly described as Lot H of Tract 16750, as per map recorded on July 14, 2006, as Instrument No. 2006000470733 in Book 883, Pages 1 through 10, inclusive, of Miscellaneous Maps of the County of Orange, County Clerk-Recorder's Office ("LotH"), a perpetual non-exclusive open-space easement for purposes of preserving and maintaining the natural character of Lot H, and Grantor relinquishes all rights to construct or permit the construction of improvements and all rights to development (as defined by California Public Resources Code Section 30106, which is incorporated herein by reference) within Lot H without the approval of Grantee. Notwithstanding the foregoing, Grantor expressly reserves the right to do the following on Lot H, to the extent consistent with the purposes of preserving and maintaining the natural character of Lot H and subject to applicable governmental regulatory 073I81\7082104v4vs . 7082104v2 1 requirements, including the Revised Special 4(d) Rule Interim Habitat Loss Mitigation Plan (On- site) for Tentative Tract 14196: a) the removal of hazardous substances or conditions or diseased plants or trees; b) the removal of non-native vegetation; c) the planting of native vegetation, including a temporary irrigation system therefor; d) the installation, repair, maintenance, and replacement of (i) a trail and associated facilities (including, by way of example and not limitation, benches, trash receptacles, or lighting), (ii) fences and retaining and other walls, (iii) surface and underground drainage and utility facilities, and (iv) directional, educational, and interpretive signage, all as heretofore or hereafter approved by Grantee; e) use of and activities on Lot H as permitted by the terms of the Conservation Easement recorded concurrently herewith against Lot H (the "Conservation Easement"); and f) use of and activities on Lot H as permitted by the terms of the Grant Deed - Public Trail Easement recorded concurrently herewith against Lot H (the "Public Trail Easement"). In the event of a conflict between any of the provisions of the Conservation Easement and the provisions this Grant Deed -Open Space Easement, the provisions of the Conservation Easement control. Likewise, in the event of a conflict between any of the provisions of the Public Trail Easement and the provisions this Grant Deed -Open Space Easement, the provisions of the Public Trail Easement control. In clarification of the foregoing provisions of this Grant Deed -Open Space Easement, nothing herein prohibits the construction of either public-service facilities installed for the benefit of Lot H or public-service facilities installed with the authorization of the City and such other applicable public agencies with jurisdiction over Lot H (including without limitation the California Public Utilities Commission). Any notice or other communications made according to this Grant Deed -Open Space Easement must be in writing and delivered personally or mailed by certified mail to the parties addressed as follows: To Grantor: Pacific Point Development Partners LLC c/o Taylor Morrison Attn: President, Southern California Division 100 Spectrum Center Drive, Suite 1450 Irvine, CA 92618 To Grantee: City of San Juan Capistrano Attn: City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 [Signature Page Follows] 073181\70821 04v4 vs. 70821 04v2 2 IN WITNESS WHEREOF, Grantor has executed this Grant Deed on the day and year hereafter written. Dated : -------------------------- Dated: ________________________ _ 073181\70821 04v4 vs. 70821 04v2 "GRANTOR" Pacific Point Development Partners LLC, a Delaware limited liability company By: Taylor Morrison Pacific Point Holdings, LLC Its: Managing Member By : _____________________ __ Print Name: ------------------Print Title: _________________ _ "GRANTEE" CITY OF SAN JUAN CAPISTRANO, a California municipal corporation By : ___________ __ Name: ------------------- Attest ______________ , City Clerk APPROVED AS TO FORM ____________________ ,City Attorney Signature Page ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness. accuracy, or validity of that document. STATE OF ________ _ COUNTY OF _________ __ ) ) ss: ) On _____________ ,2015beforeme, ______________________________________ _ (insert name and title of the officer), personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person( s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws ofthe State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: ----------------------------------- [Seal] 073181\7082104v4 vs. 7082104v2 Exhibit B Public Trail Easement 10 RECORDING REQUESTED BY City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AND WHEN RECORDED MAIL TO: City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Exempt from Recording Fees : Gov. Code 27383 City of San Juan Capistrano APN: 675-421-18 SPACE ABOVE THIS LINE FOR RECORDER'S USE Documentary Transfer Tax NO TAX DUE; RECORDING REQUESTED PER GOVERNMENT CODE SECTION 6103 GRANT DEED-PUBLIC TRAIL EASEMENT 1. Grant of Public Trail Easement. FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Pacific Point Development Partners LLC, a Delaware limited liability company ("Grantor"), hereby grants to City of San Juan Capistrano, a California municipal corporation ("Grantee"), over, under, and across a portion of that real property situated in the City of San Juan Capistrano, County of Orange, State of California more particularly described as Lot H of Tract 16750, as per map recorded on July 14, 2006 as Instrument No. 2006000470733 in Book 883, Pages 1 through 10, inclusive, of Miscellaneous Maps ofthe County of Orange, County Clerk-Recorder's Office ("LotH"), a perpetual non-exclusive 1 0-foot wide recreational public-access easement (the "Public Trail Easement") for equestrian, pedestrian, and off-road bicycle access for the general public over a recreational trail (the "Public Trail") to be constructed by Grantor at its cost according to the provisions of that certain Revised Special 4(D) Rule Interim Habitat Loss Mitigation Plan (On- site) for Tentative Tract Map 14196; the public-access easement includes the right to install, repair, maintain, and replace associated facilities, which associated facilities include, by way of 073181 \7083709v5 vs. 7083709v3 1 example and not limitation, (i) benches, trash receptacles, and lighting, (ii) fences and retaining and other walls, (iii) surface and underground drainage and utility facilities, and (iv) directional, educational, and interpretive signage; and the public-access easement is in the location generally depicted on Schedule "1" attached hereto (the "Public Trail Easement Area"). In the event of a conflict between the as-built location of the Public Trail, as approved by Grantee, and Schedule "1", the as-built conditions control. Grantee is not required to accept the Public Trail Easement until the Public Trail improvements are completed by Grantor to the reasonable satisfaction of Grantee. 2. Majnten ance~ Con tr olli ng Documents. Reference is hereby made to that certain Conservation Easement (the "Conservation Easement") and that certain Grant Deed -Open Space Easement (the "Open Space Easement"), both of which are recorded against Lot H concurrently with this Grant Deed -Public Trail Easement. Lot H, including the Public Trail, shall be maintained in accordance with the provisions of the Conservation Easement, and in the event of a conflict between the provisions of the Conservation Easement and the provisions of this Grant Deed -Public Trail Easement (the "Public Trail Easement Deed"), the provisions of the Conservation Easement control. In the event of a conflict between the provisions of the Open Space Easement and this Public Trail Easement Deed, the provisions of this Public Trail Easement Deed control. 3. Liability. Grantor and Grantee are entitled to all immunities, limitations on liability, and rights of recovery that are available under applicable law to public and private entities (including, but not limited to California Civil Code Sections 846 and 846.1, California Public Resources Code Section 5075.4, California Government Code Section 831.4 and other provisions of California's Torts Claim Act) with respect to recreational trails and the public's use of such trails and the private or public property adjacent to them. Notwithstanding the foregoing, Grantee agrees to save, defend, and hold Grantor harmless from any claim or liability arising out of the public's use of the Public Trail, except for injuries caused by the willful or malicious conduct of Grantor or Grantor's agents and independent contractors. Nothing in this Section 3 is intended to modify or otherwise alter the application of relevant governmental or private landowner immunities. 4. Successors m Interest. This Public Trail Easement Deed benefits and binds Grantor's heirs, successors, administrator, executors, and assignees. 5. Notices. Any notice or other communication made according to this Public Trail Easement Deed must be in writing and delivered personally or mailed by certified mail to the parties addressed as follows: To Grantor: Pacific Point Development Partners LLC c/o Taylor Morrison Attn: President, Southern California Division 100 Spectrum Center Drive, Suite 1450 073181\7083709v5 vs. 7083709v3 2 To Grantee: City of San Juan Capistrano Attn: City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Irvine, CA 92618 6. Entire Agreement. This agreement contains the entire agreement between the parties. Any oral representations or modifications concerning this agreement are of no force or effect except for a subsequent modification in writing, signed by the parties. 7. Counterparts. This agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. [Signature Page Follows] 073181\7083709v5 vs. 7083709v3 3 IN WITNESS WHEREOF, the parties hereof have executed this agreement as of the dates set forth with their respective signatures below. "GRANTOR" PACIFIC POINT DEVELOPMENT PARTNERS LLC, a Delaware limited liability company "GRANTEE" CITY OF SAN JUAN CAPISTRANO, a California municipal corporation By: Taylor Morrison Pacific By: Point -------------- Holdings, LLC Its: Managing Member By: __________ _ Name: __________ _ Its:. ___________ _ Date: --------- 073181\7083709v5 vs. 7083709v3 Name: ____________ _ Date: _______ _ Attest: ____________ _ City Clerk APPROVED AS TO FORM City Attorney Signature Page ACKNOWLEDGMENT A notary public or other officer completing this certificate verities only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness. accuracy, or validity of that document. STATE OF ________ _ COUNTY OF _______ _ ) ) ss: ) On ______ _, 2015 before me,-------------------- (insert name and title of the officer), personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature:------------------ [Seal] 073181 \7083709v5 vs. 7083709v3 Schedule "1" Public Trail Easement Area 073181\7083709v5 vs. 7083709v3 Schedule I A 1 inch = 88 fe et N Schedule 1 -Lot H and Public Trail LEGEND --TRAIL LOTH PROPERTY BOUNDARY EXHIBIT B SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE 66499.2) Bond No. SU1133499 KNOW ALL MEN BY THESE PRESENTS, that Pacific Point Development Partners, LLC (hereafter designated as "Principal"), and Arch Insurance Company, as Surety (hereinafter called "Surety") agree to install and complete certain designated public improvements as conditioned by City Council Resolution No's . 92-6-16-4 and 03- 09-16-06. WHEREAS, said Principal is required to furnish a bond pursuant to Municipal Code Section 9-5.101 and 9-5.109 et seq., for the faithful performance to guarantee certain work, more particularly described as follows: Pacifica San Juan-4(d) Conservation measures for Tentative Tract 14196 (Tracts 14196 and 16750) including obligations of Principal under the Interim Habitat Loss Permit consistent with Interim Habitat Loss Implementation Agreement with Citv WHEREAS, the California Department of Fish and Wildlife ("Department") and U.S. Fish and Wildlife Service ("Service") issued a revised 4(d) interim habitat loss permit concurrence letter to the City of San Juan Capistrano for the Pacific Point Project dated February 11, 2015. The City of San Juan Capistrano ("Obligee") will consider Department's request that the Obligee make a demand of the bond upon the Department's determination that Principal has failed to meet its mitigation obligations under the Habitat Loss Permit. NOW, THEREFORE, we, the Principal and Surety are held firmly bound unto the City of San Juan Capistrano, (hereafter called "Obligee") in the penal sum of Three Million and 00/100 Dollars, ($3,000,000.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. Page 1 of 3 NOW, THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said improvement obligations within the fully executed and recorded subdivision improvement agreement, then the obligation shall be null and void; otherwise it shall remain in full force and effect. BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered . 2 . Said Principal, for value received , hereby stipulates and agrees that no change, extension of time , alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alteration, or modification of the contract documents or of work to be performed thereunder. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal herein named on the 7th day of July, 2015 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. PRINCIPAL: Pacific Point Development Partners, LLC, a Delaware limited liability company Its Mana gin em b~ By: Taylor ~rris on Pacific Point Holdings, LLC By : ~ Its: \1•~ ~'"~'~\- SURETY: Arch Insurance Co~pany Q/0 Wlt.J.IS OF ~LOR I DA 42! I _W. DOY SCOUT BLVD, I#IOOO fAMPA , FL 33607 INQUIRIES : (813)281-2095 Page 2 of 3 (NOTARIZATION AND SEAL) (NOTARIZATION AND SEAL) APPROVED AS TO FORM: NOTE: Please attach Acknowledgement and Power of Attorney Page 3 of 3 Senate Bill 1050, amends Sections 1189 and 1195 of the Civil Code and Section 8202 of the Government Code, relating to notaries public. The below physical format of the new disclosure notice is an example, for purposes of illustration. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Omnf?,e.. On Au~<>t 7, 2.{)1 $ before me, /h.'n\ey S (A Mll \h ..... NutMy Pv b\ic. (here insert name and title of oft1cer), personally appeare d Ph ; lip 5 . Dodr m , 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 ackJlowledged 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) a cted, 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. (Seal) ACKNOWLEDGEMENT BY SURETY STATE OF FLORIDA } COUNTY OF HILLSBOROUGH ss. On this 7th day of July, 2015 before me, personally came Margaret A. Ginem, who is personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within Instrument as Attorney-In-Fact on behalf of Arch Insurance Company, and acknowledged to me that he/she executed the within instrument on behalf of said surety company and was duly authorized to do . In witness whereof, I have signed and affixed my official seal on the date in this certificate first above written. --.. -----·----~f~·:w:·-,, MARIAN ELLA BARNOlA .,. .. -.... , §~{ IM\ ··r:~ Commission# EE 170165 -,~i:.~~;~f Exp1res May 5, 2016 ~.:;;-,1.~:!.~~~' l:klndt:XI Thru Troy FDin ln~uranc.e 800-3S5-7019 This area for Official Notarial Seal AIC 0000155804 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON BLUE BACKGROUND. This Po~M Mtorney limits the acts of those named herein, and they have n~uttf:qrlty to bind the Company exce~ln the ~ 7: I'I'Jin1fet -1uftao th-e extent herein stated. Not valid for Mortgage, Note, Lo n Letter of Credit, Bank Deposlt,$Jimmcy Rate, ~ -=-!Merest Rate or Residential Value Guarantees. OF ATTORNEY Know All Persons By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its princ ipal administrative office in Jersey City, New Jersey (hereinafter referred to as the "Company") does hereby appoint: !me lt Cardinale. Bran d y Baich, David H. Carr, Eileen C. Heard and Margaret A . Ginem of Tampa , FL (EACH) its true and lawful Attorney(s)in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety , and as its act and deed : ~ &Jy ~b onds , undertakings, re~n~n c~ and ~surety obligations, in the penal sum not exceeding Ninety Million Dellars ($9 0,000.000.00). --::: - ~ Tflis authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar limit of authority as set forth herein. The execution of such bonds, undertakings, recognizances and other surety obligations in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and aCknowledged by its regularly elected officers at its principal administrative office in Jersey City, New Jersey. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on September 15, 2011, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as Q.eing in full force and effect: _.,.. :.;;;:; ~:"RSD. That !~Chairman of the Boa ~t~re$]den~r the Executive Vice President, or any Senior Vice President, of the Surety Bm>iness O~io ~or their appo ~es designated In writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them subject to the limitations set forth in their respective powers of attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances and other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under:;a rtlll§b~uthority of th fi>llowing resoltlfibn adopted by the unanimous consent of the Board of Directors of the Company on Septemb ~OO: VOTED, That the signature of the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company. and certifications by the Secretary, may be affixed by facsimile on any power or attorney or band executed pursuant to the resolution adapted by the Board of Directors on September 15, 2011, and any such power so executed, sealed and certified with respect to .any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOML0013 00 03 03 Page 1 of 2 Printed in U.S.A. -. AIC 0000155804 In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 2"d day of June, 201.§.. Attested and Certified Arch Insurance Company ~~ Patrick K. Nails, Secretary STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS I, Helen Szafran, a Notary Public, do hereby certify that Patrick K. Nails and David M. Finkelstein personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice Pres ident of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri , subscribed to the foregoing Inst rument, appeared before me this day In person and severally acknewledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said Instrument as the free and voluntary act of said corporation and as the i r own free and voluntary acts for the uses and purposes therein set forth. ~~b~ My commission expires 10/03/2017 CERTIFICATION I, Patrick K. Nails, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated June 2. 2015 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said David M. Finkelstein, who executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company. IN T~IjviONY W ~ have hereuS o subscribed my name and affixed the corporate seal of the Arch Insurance Company on this _£Ik.._day of cJ c---· 2o L . ~(AU __ Patri'ck K. Nails, Secretary ' This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein' ;r1ct they have no authority to bind the Company except in the manner and to the extent herein stated. · PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS : Arch Insurance-Surety Division 3 Parkway, Suite 1500 Philadelphia, PA 19102 OOML0013 00 03 03 Page 2of 2 Printed in U.S.A. SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE 66499.2) Bond No. SU1133499 KNOW ALL MEN BY THESE PRESENTS, that Pacific Point Develooment Partners, LLC (hereafter designated as "Principal"), and Arch Insurance Company, as Surety (hereinafter called "Surety") agree to install and complete certain designated public improvements as conditioned by City Council Resolution No's . 92-6-16-4 and 03- 09-16-06. WHEREAS, said Principal is required to furnish a bond pursuant to Municipal Code Section 9-5.101 and 9-5.109 et seq., for the faithful performance to guarantee certain work, more particularly described as follows: Pacifica San Juan-4(d) Conservation measures for Tentative Tract 14196 (Tracts 14196 and 16750) including obligations of Principal under the Interim Habitat Loss Permit consistent with Interim Habitat Loss Implementation Aareement with Ci NOW, THEREFORE, we the Principal and Surety are held firmly bound unto the City of San Juan Capistrano, (hereafter called "Obligee") in the penal sum of Three Million and 00/100 Dollars ($3,000,000.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs , successors, executors and administrators, jointly and severally, firmly by these presents. WHEREAS, the California Department of Fish and Wildlife ("Department") and U.S. Fish and Wildlife Service ("Service") issued a revised 4(d) interim habitat loss permit concurrence letter to the City of San Juan Capistrano for the Pacific Point Project dated February 11, 2015. The City of San Juan Capistrano ("Obligee") will consider Department's request that the Obligee make a demand of the bond upon the Department's determination that Principal has failed to meet its mitigation _obligations under the Habitat Loss Permit. NOW, THEREFORE, the condition of this obligation is such that if the above bound Principal, his or its heirs, executors, administrators, successors or assigns, shal in all things stand to and abide by and well and truly keep and perform the covenants, Page 1 of 3 conditions and provisions per City Council Resolution No's. 92-6-16-04 and 03-09-16- 06, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its offers, agents and employees as therein stipulated, and, as necessary enter into a Subdivision Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 2. Said Principal hereby stipulates and agree~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, this instrument has been duly executed by the Principal herein named on the 7th day of July, 2015, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. PRINCIPAL: Pacific Point Development Partners, LLC, a Delaware limited liability company By: Taylor Morrison Pacific Point Holdings, LLC its M~magi n~e~ber ~ f By:J.....~s~ Its: V', t...L"'"?i~c.·.W..vvt SURETY: Arch Insurance Company By:/n~?/-~ Margar A. Gmem, Attorney-m-Fact CJO WILLIS OF FLORIDA 42 11 w. nov scour BLVD. 111000 TAMPA, Fl 33607 IN QUIRIES : (813)281-2095 Page 2 of 3 (NOTARIZATION AND SEAL) (NOTARIZATION AND SEAL) APPROVED AS TO FORM: By: ~ fn T11J .&~~ NOTE: Please attach Acknowledgement and Power of Attorney Page 3 of 3 Senate Bill 1050, amends Sections 1189 and 1195 of the Civil Code and Section 8202 of the Government Code, relating to notaries public . The below physical format of the new disclosure notice is an example, for purposes of illustration. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ~"Y'I~e On_&_¥\ 7 'ZOIS before me,~ :Set\h Mod tt v-J tvohar y Pvblic.. (here ins ert na me and titl e of officer), personally a ppe aretf Ph i \i 1) S. &c4e M , who proved to me on the basis of satisfactory evidence to be the pe rson(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. (Seal) ACKNOWLEDGEMENT BY SURETY STATE OF FLORIDA } COUNTY OF HILLSBOROUGH ss. On this 7th day of July, 2015 before me, personally came Margaret A. Ginem, who is personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within Instrument as Attorney-In-Fact on behalf of Arch Insurance Company, and acknowledged to me that he/she executed the within instrument on behalf of said surety company and was duly authorized to do. In witness whereof, I have signed and affixed my official seal on the date in this certificate first above written. --:~·· .·~·:'o\i'·:r;~... MARIAN ELlA BARNOlA "· . ~ ·•• C . . # EE 170165 h ~ ·:·~ ommiSmon ~~. t:.·." :· • .fiTi Exp1res May 5, 2016 fJl,,flf •• ~.~:~ Bon&..--d Thru Troy Fain lneurancr. 300-335-7019 -...... -~--·--·.1 This area for Official Notarial Seal AIC 0000155805 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON BLUE BACKGROUND. This Pow_~ ijJ aorney limits the acts of those named herein, and they have no authority to bind the Company except In the manner and to tlie extent herein stated. Not valid for Mortgage, Note, Loan, Letter of Credit, Bank Deposit, Currency Rate, "~ /merest Rate or Residential Value Guarantees. POWER OF ATTORNEY .. ~~ ~~~~ --_.:-:: = ~ :;-t~ ---:_".:.~~ -~ ~w All P&rsonay These Prewis: ......::::....~ :=..~ ~ ~y~ ...... ...= That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal administrative office in Jersey City, New Jersey (hereinafter referred to as the "Company") does hereby appoint: !ftett Cardinale, Bra ndy Baich, David H. Carr, Eileen C. Heard and Margaret A. Ginem of Tampa, FL its true and lawful Attorney(s)in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: ~ ~and all bG~, undertakings, re~bmnces and other surety obligations, in the penal sum not exceeding Ninety Million D~rs ($90,000.000.00}. -- --TFlfs authority does not permit the same ODligation to be split into two or more bonds In order to bring each such bona=witfilii the dollar limit of authority as set forth herein. l}le e xec!!_tio~ such bonds, undertakings, recognizances and other surety obllgationsJn p~ance of these presents sha[LJ2~_as ~ mdigf tli'Q_n said Company as fully and amply to all intents and puipcEes~s ~J~ ;As me had been duly execuwa and acknowledged by its regularly elected officers at its principal administrative office In Jersey City, New Jersey. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on September 15, 2011, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the_ President, or the Executive Vice President, or any Senior Vice Presfdent, ~fWw_S urety Business Division, or their appointees d~!>ignated in writing and filed with the Secretary, or the Secretary s h al l'!l~e th~ower and authority to appoint agents and attorneys-in-fact, and to authorize them subject to the limitations set forth in their respective powers of attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances and other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of fiiQCe~ ~-•r ._......... ::..= ·---.....-.. -==;;::::::::;: ....---= ---~ '-="'"" ~ _ _..._ ~ Power Of' Attorney is signed, sealed and certified by facsimile unde;;n-d b ;=:;~thorit~f thgllowing resolatm;;dopted-by lh~ - unanimous consent of the Board of Directors of the Company on SeptembeT15i 2CFT1: ----- VOTED, That the signature of the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety~.J.Jsiness Division, or their appointee!bdesignated in writing and filed with the Secretary, and the signature_ ot the ~retary, the seal of the CompaQY~~rtlncatlons by the Secretary, may be affixed by facsimile on any power~'!'lliO][Je}!~ bond ~ ~cuted pursucmt. to the resolu!i!f\ adopte~ lfe=]oar:£1 of Directors on September 15, 2011, and any such po~e:r ~ wrecuted, -·~ sealea"aml -c-ertified with respect to any min~unerertaKfng to which it is attached, shall continue to be valid and biG~ uporrfhEF Company. OOML0013 00 03 03 Page 1 of 2 Printed in U.S.A. AIC 0000155805 In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 2nd day of June, 201§. Attested and Certified Arch Insurance Company ~ (JU_:;y--- Patrick K. Nails, Secretary STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS I, Helen Szafran, a Notary Public, do hereby certify that Patrick K. Nails and David M. Finkelstein personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth . CERTIFICATION I, Patrick K. Nails, Secretary of the Arch Insurance Company , do hereby certify that the attached Power of Attorney dated June 2. 2015 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said David M. Finkelstein, who executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company. IN Tl;ljJJ!'ONY W"_~ have he<eu""' '"'''"lbed my oame aod affi<ed the oo<po<ate oeal of the A<eh '"'""'"'• Compooy oo this .J./!Ji,_day of(!)! ( ' _, 20 10 . ~~----Patrick K. Nails , Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Insurance-Surety Division 3 Parkway, Suite 1500 Philadelphia, PA 19102 OOML0013 00 03 03 Page 2of 2 Printed in U.S.A. RECORDING REQUESTED BY City of San Juan Capistrano 3 2400 Paseo Adelanto San Juan Capistrano, CA 92675 AND WHEN RECORDED MAIL TO: City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Exempt from Recording Fees: Gov. Code 27383 City of San Juan Capistrano APN: 675-421-18 EXHIBIT C SPACE ABOVE THIS LIN E FOR RECORDER'S US E Documentary Transfer Tax NO TAX DUE ; RECORDING REQUESTED PER GOVERNMENT CODE SECTION 6 I 03 GRANT DEED-OPEN SPACE EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Pacific Point Development Partners LLC, a Delaware limited liability company ("Grantor"), grants to City of San Juan Capistrano, a California municipal corporation ("Grantee"), over, under, and across all that real property situated in the City of San Juan Capistrano, County of Orange, State of California more particularly described as LotH of Tract 16750, as per map recorded on July 14, 2006, as Instrument No. 2006000470733 in Book 883, Pages 1 through 10, inclusive, of Miscellaneous Maps of the County of Orange, County Clerk-Recorder's Office ("LotH"), a perpetual non-exclusive open-space easement for purposes of preserving and maintaining the natural character of Lot H, and Grantor relinquishes all rights to construct or permit the construction of improvements and all rights to development (as defined by California Public Resources Code Section 30106, which is incorporated herein by reference) within Lot H without the approval of Grantee. Notwithstanding the foregoing, Grantor expressly reserves the right to do the following on Lot H, to the extent consistent with the purposes of preserving and maintaining the natural character of Lot H and subject to applicable governmental regulatory 073I81\7082I04v4 vs. 7082I04v2 requirements, including the Revised Special 4( d) Rule Interim Habitat Loss Mitigation Plan (On- site) for Tentative Tract 14196: a) the removal of hazardous substances or conditions or diseased plants or trees; b) the removal of non-native vegetation; c) the planting of native vegetation, including a temporary irrigation system therefor; d) the installation, repair, maintenance, and replacement of (i) a trail and associated facilities (including, by way of example and not limitation, benches, trash receptacles, or lighting), (ii) fences and retaining and other walls, (iii) surface and underground drainage and utility facilities, and (iv) directional, educational, and interpretive signage, all as heretofore or hereafter approved by Grantee; e) use of and activities on Lot H as permitted by the terms of the Conservation Easement recorded concurrently herewith against Lot H (the "Conservation Easement"); and f) use of and activities on Lot H as permitted by the terms of the Grant Deed - Public Trail Easement recorded concurrently herewith against LotH (the "Public Trail Easement"). In the event of a conflict between any of the provisions of the Conservation Easement and the provisions this Grant Deed -Open Space Easement, the provisions of the Conservation Easement control. Likewise, in the event of a conflict between any of the provisions of the Public Trail Easement and the provisions this Grant Deed -Open Space Easement, the provisions of the Public Trail Easement control. In clarification of the foregoing provisions of this Grant Deed -Open Space Easement, nothing herein prohibits the construction of either public-service facilities installed for the benefit of Lot H or public-service facilities installed with the authorization of the City and such other applicable public agencies with jurisdiction over Lot H (including without limitation the California Public Utilities Commission). Any notice or other communications made according to this Grant Deed -Open Space Easement must be in writing and delivered personally or mailed by certified mail to the parties addressed as follows: To Grantor: Pacific Point Development Partners LLC c/o Taylor Morrison Attn: President, Southern California Division 100 Spectrum Center Drive, Suite 1450 Irvine, CA 92618 To Grantee: City of San Juan Capistrano Attn: City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 [Signature Page Follows] 073181\70821 04v4 vs. 7082 104v2 2 ------~--~~------------~-----•::. ~-----~-- IN WITNESS WHEREOF, Grantor has executed this Grant Deed on the day and year hereafter written. Dated: ------------------------- Dated: ________________________ _ 073181\7082104v4 vs . 7082104v2 "GRANTOR" Pacific Point Development Partners LLC, a Delaware limited liability company By: Taylor Morrison Pacific Point Holdings, LLC Its: Managing Member By: ___________ _ Print Name : ________________ __ Print Titl e : _________ _ "GRANTEE" CITY OF SAN JUAN CAPISTRANO, a California municipal corporation By: __________ _ Nrune: __________________ ~ Attest ------------------_______ ,,City Clerk APPROVED AS TO FORM ~!}~City Attorney Signature Page ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness. accuracy, or validity of that document STATE OF _________ _ COUNTY OF ______________ __ ) ) ss: ) On _____________ ,2015beforeme, ______________________________________ _ (insert name and title of the officer), personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person( s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws ofthe State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: ----------------------------------- [Seal] 073181\70821 04v4 vs. 70821 04v2 RECORDING REQUESTED BY City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AND WHEN RECORDED MAIL TO: City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Exempt from Recording Fees : Gov. Code 27383 City of San Juan Capistrano APN: 675-421-18 EXHIBIT D SPACE ABOVE THIS UN E FOR RECORDER'S USE Documentary Transfer Tax NO TAX DUE; RECORDING REQUESTED PER GOVERNMENT COD E SECTION 61 03 GRANT DEED-PUBLIC TRAIL EASEMENT 1. Grant of Public Trail Easement. FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Pacific Point Development Partners LLC, a Delaware limited liability company ("Grantor"), hereby grants to City of San Juan Capistrano, a California municipal corporation ("Grantee"), over, under, and across a portion of that real property situated in the City of San Juan Capistrano, County of Orange, State of California more particularly described as Lot H of Tract 16750, as per map recorded on July 14, 2006 as Instrument No. 2006000470733 in Book 883, Pages 1 through 10, inclusive, of Miscellaneous Maps ofthe County of Orange, County Clerk-Recorder's Office ("LotH"), a perpetual non-exclusive 1 0-foot wide recreational public-access easement (the "Public Trail Easement") for equestrian, pedestrian, and off-road bicycle access for the general public over a recreational trail (the "Public Trail") to be constructed by Grantor at its cost according to the provisions of that certain Revised Special 4(D) Rule Interim Habitat Loss Mitigation Plan (On- site) for Tentative Tract Map 14196; the public-access easement includes the right to install, repair, maintain, and replace associated facilities, which associated facilities include, by way of 073181\7083709v5 vs. 7083709v3 1 example and not limitation, (i) benches, trash receptacles, and lighting, (ii) fences and retaining and other walls, (iii) surface and underground drainage and utility facilities, and (iv) directional, educational, and interpretive signage; and the public-access easement is in the location generally depicted on Schedule "1" attached hereto (the "Public Trail Easement Area"). In the event of a conflict between the as-built location of the Public Trail, as approved by Grantee, and Schedule "1", the as-built conditions control. Grantee is not required to accept the Public Trail Easement until the Public Trail improvements are completed by Grantor to the reasonable satisfaction of Grantee. 2. Maintenance ; Controlling Documents. Reference is hereby made to that certain Conservation Easement (the "Conservation Easement") and that certain Grant Deed -Open Space Easement (the "Open Space Easement"), both of which are recorded against Lot H concurrently with this Grant Deed -Public Trail Easement. Lot H, including the Public Trail, shall be maintained in accordance with the provisions of the Conservation Easement, and in the event of a conflict between the provisions of the Conservation Easement and the provisions of this Grant Deed-Public Trail Easement (the "Public Trail Easement Deed"), the provisions of the Conservation Easement control. In the event of a conflict between the provisions of the Open Space Easement and this Public Trail Easement Deed, the provisions of this Public Trail Easement Deed control. 3. Liability. Grantor and Grantee are entitled to all immunities, limitations on liability, and rights of recovery that are available under applicable law to public and private entities (including, but not limited to California Civil Code Sections 846 and 846.1, California Public Resources Code Section 5075.4, California Government Code Section 831.4 and other provisions of California's Torts Claim Act) with respect to recreational trails and the public's use of such trails and the private or public property adjacent to them . Notwithstanding the foregoing, Grantee agrees to save, defend, and hold Grantor harmless from any claim or liability arising out of the public's use of the Public Trail, except for injuries caused by the willful or malicious conduct of Grantor or Grantor's agents and independent contractors. Nothing in this Section 3 is intended to modify or otherwise alter the application of relevant governmental or private landowner immunities. 4. Successors m Interest. This Public Trail Easement Deed benefits and binds Grantor's heirs, successors, administrator, executors, and assignees. 5. Notices. Any notice or other communication made according to this Public Trail Easement Deed must be in writing and delivered personally or mailed by certified mail to the parties addressed as follows: To Grantor: Pacific Point Development Partners LLC c/o Taylor Morrison Attn: President, Southern California Division 100 Spectrum Center Drive, Suite 1450 073181\7083 709v5 vs . 7083 709v3 2 To Grantee: City of San Juan Capistrano Attn: City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Irvine, CA 92618 6. Entire Agreement. This agreement contains the entire agreement between the parties. Any oral representations or modifications concerning this agreement are of no force or effect except for a subsequent modification in writing, signed by the parties. 7. Counterparts. This agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. [Signature Page Follows] 073181\7083709v5 vs. 7083709v3 3 ....,____-------·-- IN WITNESS WHEREOF, the parties hereof have executed this .agreement as ofthe dates set forth with their respective signatures below. · "GRANTOR" PACIFIC POINT DEVELOPMENT PARTNERS LLC, a Delaware limited liability company "GRANTEE" CITY OF SAN JUAN CAPISTRANO, a California municipal corporation By: Taylor Morrison Pacific By : Point -------------- Holdings, LLC · Its: Managing Member By : _________ _ Name :·-------,------ Its: ___________ _ Date : ________ _ 073181 \7083709v5 vs . 7083709v3 Name: ____________ _ Date: -------- Attest:··_------------ City Clerk APPROVED AS TO FORM Signature Page ACKNOWLEDGMENT A notary public or other officer completing this certificate verities only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness. accuracy, or validity of that document. STATE OF ________________ __ COUNTY OF ______________ __ ) ) ss: ) On _______ , 2015 before me,----------~--------- (insert name and title of the officer), personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person( s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws ofthe State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature:------------------ [Seal] 073181\7083709v5 vs. 7083709v3 Schedule "1" Public Trail Easement Area 073181\7083709v5 vs. 7083709v3 Schedule I A 1 rnch = 66 teet N Schedule 1 -Lot H and Public Trail LEGEND --TRAIL LOTH PROPERTY BOUNDARY RESOLUTION NO. 09-05-05-0'1 A RESOLUTION OFTHE CITY. COUNCIL ·OF THE CITY OF SAN JUAN CAPISTRANO; CALIFORNIA AUTHORIZING THE CITY MANAGER TO ACCEPT INTERESTS IN REAL PROPERTY ON BEHALF OF THE CITY. THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO HEREBY RESOLVES: 1 . The City Manager is authorized to accept interests in real property and to execute and record a certificate of acceptance and such other legal notices as may be required by the Office of the County Recorder and as may be approved by the City Attorney as may be necessary or appropriate to evidence acceptance of the said property interests on behalf of the City of San Juan Capistrano. 2. The City Clerk is authorized to record with the Office of the County Recorder the certificate of acceptance and such other documents referred to in Section 1 above for recordation purposes only. PASSED, APPROVED AND ADOPTED this 5th day of May, 2009. 5-S.-2009 ATTACHMENT 5 STATE OF CALIFORNJA ) COUNTY OF ORANGE ) ss . CIT-Y OF SAN'JUAN.CAPfSTRANO : . ) . · . . --~. ~ ' I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 09-05·05-01 was duly adopted by the City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 5th day of May 2009, by the following vote : AYES : COUNCIL MEMBERS: Allevato, Freese, Hribar, Usa and Mayor OUNCIL MEMBER: None OUNCIL MEMBER: None 2 5-5-2009 NOTICE OF PUBLIC HEARING CITY OF SAN JUAN CAPISTRANO NOTICE IS HEREBY GIVEN, that on the 15th day of September, 2015, at 5:00 P.M . in the City Council Chamber, 32400 Paseo Adelanto, San Juan Capistrano , California, the City Council will hold a public hearing on the following: Consideration of a Resolution Approving Amended and Restated Special 4{d) Interim Habitat loss Implementation Agreement, Accepting a Surety Bond, Approving Modification to the Conditions of Approval of Vesting Tentative Tract Map (VTTM) 15609, and Accepting an Open Space Easement and a Public Trail Easement on lot H of Final Tract Map 16750 (Pacifica San Juan) Pacific Point Development Partners LLC (Developer), the current owner/developer of the Pacifica San Juan project, is requesting ·approval to move forward with implementation of both on-site and off-site habitat restorat ion and conservat ion, as required by the 1997 Special 4(d) Rule Inte rim Ha bitat Los s Mit igation Pe rm it and subsequent Revised Special 4(d) Rule Interim Hab it at Loss Pe rmit da ted Febru ary 11, 2015. A newly proposed off-site restoration area (33 .2 ac re s) w it hi n t he Cit y 's Northwest Open Space and on-site restoration area (Lot H and Lot I of Final Tract Map 16750 , total 9.6 acres). The 2015 Plan proposes the Developer shall retain ownership of both Lot H and Lot I. Further, Developer shall record an Open Space Easement over Lot H, as well as a Public Trail Easement within Lot H. This Project (Habitat Mitigation) has been reviewed in accordance with the California Environmental Quality Act. The City's Environmental Administrator has determined that the project is exempt from further review pursuant to a CEQA 15308 Class 8, exemption for actions by regulatory agencies for protection of the environment. Those desiring to be heard in favor of, or opposition to, this item will be given an opportunity to do so during such hearing . Written information pertaining to this item must be submitted to the City Clerk by 5:00 p .m., on Monday, September 14, 2015, at 32400 Paseo Adelanto, San Juan Capistrano , CA 92675 . E-mail correspondence may be sent to : citycle rk@ sanjuancaoistrano .org . Individuals desiring to submit late written information at the meeting must orally r uest such action. \ For further information you (949) 443-6325. ko Rauterkus, Man age ment Analyst at ,,, ATTACHMENT 6