Cities Index.
20260602_9_Final Tract Map 19024

Laguna Niguel City Council
June 2, 2026

Document
20260602_9_Final Tract Map 19024
Meeting
June 2, 2026
Body
Laguna Niguel City Council
Pages
5
Original file
33.2 MB
Text extracted from the city's file for reading and search. Open the original on www.cityoflagunaniguel.org. That file is the official record.

To:

FROM:

DATE:

SUBJECT:

CITY OF LAGUNA NIGUEL

CITY COUNCIL AGENDA ITEM
Honorable Mayor and Council Members
Jacki Scott, Public Works Director/City Engineer
June 2, 2026
Approval of Final Tract Map No. 19024 and Subdivision Improvement Agreement

RECOMMENDATION
Staff recommends that the City Council:

1. Approve Final Tract Map No. 19024;

2. Accept the dedication of easements for public street purposes, emergency vehicle ingress and egress, public sidewalk purposes, and public storm drain purposes;

3. Approve the Subdivision Improvement Agreement, Reciprocal Access Easement Agreement, and Park License and Joint Use Agreement;

4. Authorize the City Manager to execute the Subdivision Improvement Agreement, Reciprocal Access Easement Agreement, and Park License and Joint Use Agreement, subject to the City Attorney making non-substantive changes, and any related documents necessary to implement the terms of the agreements; and,

5. Find recommended actions are consistent with the Laguna Niguel City Center Mixed-Use Project Final EIR (SCH No. 2019110083), and require no further CEQA review pursuant to Public Resources Code section 21166 and CEQA Guidelines section 15162.

BACKGROUND
On June 21, 2022, the City Council adopted Resolution No. 2022-1398 conditionally approving Vesting Tentative Tract Map No. 19024 for the development of the City's downtown known as the Laguna Niguel City Center Mixed-Use Project on a 25-acre project site located adjacent to City Hall, immediately west of the intersection of Crown Valley Parkway and Alicia Parkway and south of Pacific Island Drive (Attachment "A").

Page2
The proposed project is a mixed-use development that includes commercial space for retail, restaurants, and offices, a 16,290 square feet community library, 275 residential apartment units, and an extensive network of pedestrian-oriented paseos and open spaces.

The development project includes street improvements in the public right-of-way along Crown Valley Parkway, Alicia Parkway, and Pacific Island Drive. The project also includes improvements within the public storm drain easement on site. All public right-of-way improvements will be constructed by the developer, and the landscape improvements installed on the project will be maintained by the private property owner in perpetuity.

The developer has submitted the Final Tract Map No. 19024 for the Laguna Niguel City Center Mixed-Use Project in accordance with the Subdivision Map Act and Title 9 of the City's Municipal Code. On the Final Tract Map, the developer has offered easements to the City of Laguna Niguel for public street purposes, emergency vehicle ingress and egress, public sidewalk purposes, and public storm drain purposes at no cost to the City.

The Final Tract Map is the final step prior to issuance of City demolition, grading, and building permits. A City-hosted groundbreaking ceremony for the project is scheduled to be held on September 17, 2026, with preliminary site work to commence shortly thereafter and heavy construction to be underway in Spring 2027.

ANALYSIS
Pursuant to section 66458 of the California Government Code, if a final map is found to be in substantial conformance with the conditionally approved tentative map, the Subdivision Map Act, and applicable local ordinances, the City Council must approve the final map at the meeting in which it is received or at the next regular meeting.

All applicable conditions required prior to recordation of the final map have been satisfied.

Therefore, staff recommends that the City Council approve Final Tract Map No. 19024 and accept the proposed public easement dedications (Attachment "B"). Staff also recommends approval of the Subdivision Improvement Agreement which establishes the construction and maintenance responsibilities of the developer and property owner and guarantees the completion of all required public improvements (Attachment "C"). In addition, staff recommends approval of the Reciprocal Access Easement Agreement which provides vehicular and pedestrian access across City and County property to facilitate the proposed development (Attachment "D"). Lastly, staff recommends approval of the Park License and Joint Use Agreement which grants the City a license for one acre of parkland to be improved, operated, and maintained by the developer (Attachment "E").

The recommended action supports City Council Goal 5 (Economic and Community Development) of the City's adopted Strategic Plan.

CEQA COMPLIANCE •
The City of Laguna Niguel, as the lead agency for the Laguna Niguel City Center Mixed­ Use Project, certified an Environmental Impact Report ("EIR") (SCH# 2019110083), Page3
adopted a Mitigation Monitoring and Reporting Program ("MMRP"), and approved the Laguna Niguel City Center Mixed-Use Project on June 21, 2022. The EIR fully analyzed the potential environmental impacts of the Laguna Niguel City Center Mixed-Use Project, including the impacts associated with the Vesting Tentative Tract Map VTTM 19024. The recommended actions, including approval of Final Tract Map No. 19024 and the Subdivision Improvement Agreement, are consistent with the project and are a contemplated part of the whole of the action that was evaluated in the Laguna Niguel City Center Mixed-Use Project.

No additional environmental review is necessary for the recommended actions under Public Resources Code section 21166 and CEQA Guidelines section 15162 because none of the conditions set forth in CEQA Guidelines section 15162 exist. The • recommended actions do not involve substantial changes to the Laguna Niguel City Center Mixed-Use Project that would require major revisions to the previously certified EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. Further, there have been no substantial changes in the circumstances under which the Laguna Niguel City Center Mixed-Use Project was undertaken that would require major revisions to the EIR, and no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the EIR was certified, has arisen. Thus, no further environmental review is required. A Notice of Determination should be prepared and filed within five business days following project approval.

ALTERNATIVES CONSIDERED
The City Council may decide not to approve Final Tract Map No. 19024, Subdivision Improvement Agreement, Reciprocal Access Easement Agreement, or Park License and Joint Use Agreement. This alternative is not recommended as the final map conforms to all requirements of the Subdivision Map Act of the State of California and the local subdivision ordinance, and the agreements are required as conditions of project approval and necessary to facilitate the development of the Laguna Niguel City Center.

FISCAL REVIEW
There is no fiscal impact as a result of the recommended actions. The developer is responsible for all costs associated with the approval of Final Tract Map No. 19024 and terms of the agreements.

LEGAL REVIEW
The City Attorney's Office has reviewed and approved this report and agreements as to form. Prior to execution, the City Attorney may make non-substantive changes to the agreements.

Page4

CONCLUSION
Staff recommends that the City Council:

1. Approve Final Tract Map No. 19024;

2. Accept the dedication of easements for public street purposes, emergency vehicle ingress and egress, public sidewalk purposes, and public storm drain purposes;

3. Approve the Subdivision Improvement Agreement, Reciprocal Access Easement Agreement, and Park License and Joint Use Agreement;

4. Authorize the City Manager to execute the Subdivision Improvement Agreement, Reciprocal Access Easement Agreement, and Park License and Joint Use Agreement, subject to the City Attorney making non-substantive changes, and any related documents necessary to implement the terms of the agreements; and,

5. Find recommended actions are consistent with the Laguna Niguel City Center Mixed-Use Project Final EIR (SCH No. 2019110083), and require no further CEQA review pursuant to Public Resources Code section 21166 and CEQA Guidelines section 15162.
~r
ac • Scott
ublic Works Directory/City Engineer
Principa
Attachments:

A. Project Vicinity Map
B. Final Tract Map No. 19024
C. Subdivision Improvement Agreement
Scott C. Smith
City Attorney
D. Reciprocal Access Easement Agreement
E. Park License and Joint Use Agreement

Page 5 ends

ATTACHMENT A
Project Vicinity Map
Project Site
City Center Mixed-Use Project
Vicinity Map

ATTACHMENT B
Final Tract Map No. 19024
SI-IEET I OF 13
ALL or VESTING TENTATIVE TRACT NO 19024
AREA: 25 179 GROSS ACRES TRACT NO. 19024 ACCEPTED AND FILED AT THE REQUEST OF 24 029 NET ACRES
NUMBER OF NUMBERED LOTS: 7
NUMBER OF LETTERED LOTS: "
DATE or SURVEY: JULY 2025

IN THE CITY OF LAGUNA NIGUEL, COUNTY OF ORANGE, STATE OF CALIFORNIA BEING A SUBDIVISION OF A PORTION OF TH E RANCHO NIGUEL AS SHOWN OAT._ _ ____ ___ _ ON MAP RECORDED JUNE 30, 1877 IN BOOK 2. PAGES 230 AND 231 OF PATENTS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. TIME ___ FEE $~ - --- FUSCOE ENGINEERING, INC KURT R. TROXELL, L S 785 4 JULY 2025 INSTRUMENT ~ - --- - - OWNERSHIP CERTIFICATE:

WE, THE UNDERSIGNED. BEING All PARTIES HAVING ANY RECORD TITLE INTEREST IN THE LANO

COVERED BY THIS MAP, DO HEREBY CONSENT TO THE PREPARATION AND RECOROATION OF SAID IAAP, AS SHOWN WITHIN TH[ DISTINCTIVE BORDER LINE
WE HEREBY IRREVOCABLY OFFER FOR DEDICATION TO THE CITY OF LAGUNA NIGUEL: PACIFIC ISLAND DRIVE (LOT A), ALICIA PARKWAY (LOT 8) AND CROWN VALLEY PARKWAY (LOT C) FOR PUBLIC STREET

PURPOSES WE ALSO HEREBY DEDICATE TO THE CITY OF LACUNA NIGUEL A NON-E)(CLUSIVE

ACCESS EASEMENT FOR EMERGENCY VEHICLE INGRESS ANO EGRESS OVER LOT D, AN EASEMENT OVER LOT 1 FOR PUBLIC SIDEWALK PURPOSES /\ND A NON - EXCLUSIVE EASEMENT FOR PUBLIC STORM ORAJN PURPOSES OVER LOT 1 AND LOT D. ALL AS SHOWN ON THJS M/\P WE HERFl3Y RESERVE fOR THE BLNfflT or OURSELVES. OUR HEIRS, OUR SUCCESSORS ANO INTERESTS THE LOTS WITHIN n, £ DISTINCTIVE BORDER Of' THIS MAP roR CROSS LOT DRAINAGE RIGHTS AND SHARED ACCESS TO UTILITIES OVER THE LOIS WITHIN THE DISTINCTIV[ BORDER OF THIS MAP. lN ADDITION, WE H(REBY ALSO RESERVE RECIPROCAL PARKING USE ~ETWEEN LOTS I , 2. J AND 7 AND RECIPROCAL ACCESS OVER PRIVATE STREET LOT D FOR THE BENEFIT OF LOTS 1, 2, J, 4, 6 AND 7 COVENANTS, CONDITIONS AND RESTRICTIONS ARE PROVIDED IN /1. SEPARATE DOCUMENT IN SATISFACTION OF CONDITION OF APPROVAL NO 15 AS STATED IN THE cnY or LAGUNA NIGUEL RESOLUTION NO, 2022- 1 J98 . APPROVED JUNE 21, 2022 BUT NOTHING HEREIN OR THEREIN SHALL

PREVENT SUBDIVIDER FROM AMENDING AND RESTATING SAID COVENANTS, CONDITIONS ANO

RESTRICTIONS IN THE FUTURE SUBJECT TO THE REVIEW ANO APPROVAL OF THE COMMUNITY

DEVELOPMENT DIRECTOR
COUNTY or ORANG£ {OWNER)

A POLITICAL SUBOM SION OF THE STATE OF CALIF'ORNIA
ev. ___________ BY:

NAME: THOMAS MILLER
TITLE: CHIEF REAL ESTATE Of'FICER

ORANGE COUNTY FIRE AUTHORITY (OWNER)

JOINT POWERS AUTHORITY
NAM£: JJ McGOVERN

INTERIM FIRE CHIEF', ORANGE
mLE: mumr f1Rf t:tm tllMY

NOTARY ACKNOWLEDGMENT
'"'"'---------
lllLE : _ _______ _
BY:
""·~---------
TITLE: _ _______ _

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY or THE INDMOUAL WHO SIGNED THE OOCUklENT TO WHICH THIS CERTIF'lCATE IS ATTACHED. ANO NOT THE TRUTHFULNESS, ACCURACY. OR VALIDITY OF lHA.T DOCUMENT STATE OF ______ _ ~ SS
COUNTY OF _ _ ____ )
~N N·""or"'A"'RY' P""u"'a"u,,.c,""°'P'°E"'Rs"'o""'NA""LL"Y"A""P"'PE""A"'R'E~E.~fO~R-E~",c' ,.,· :::.::.::.:.:.:.:.:.:.:.::.:.:.:.:.- °"WHO PROVED TO ME ON THE BASIS or SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THC WllHIN INSTRUMENT ANO ACKNOWLEDGED TO IAE THAT HE/ SHE/THEY EXECUTED THE SAME IN HIS/HEil/ THEiR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/ THE.IR SIGNATURE.(S) ON THE INSrRUMENl THE PERSON(S). OR THE ENTITY UPON BEHALF' or WHICH THE P(RSON{S) ACTED, EXECUTED THf INSTRUIAENL
I CERTIFY UNDER PENALN or PERJURY UNDER THE LAWS Of' THE STATE OF CAllf' ORNIA THAT THE f'OREGOING PARAGRAPH IS TRUE AND CORRECT
WITNESS MY HAND:

MY PRINCIPAL PLACE OF BUSINESS IS
IN ______ _ __ COUNTY
~ gg~~:~~:g~ ~~:'R_ES_· ::::::::::.::.::_ -____ _
(PRINT NAM[)
~'.Q!~lili2l'!l,lli;
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY 1HE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS C[RTIrlCATE IS AnACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT STATE or - - ----- ) ) ss
COUNTY OF ______ )
~N N·,,.or"'A"'Rr= eu"a_u,,.c,"""'P~E"'RS~O-NA_l _LY- A~P"'PE"'A"'R·E~E-f O_R_E_M_E_, :::::::::::::: ::::: :-"'-woo

PROVED TO ME ON THE BASIS OF SATISF'ACTORY EVIDENCE TO BE TH E PERSON(S) WHOSE NAME(S)

IS/ARE SUBSCRIBED TO TH( WITHIN INSTRUMENT AND ACKNOWLEDGED TO IAE THAT HE/SHE/THEY

EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), ANO THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF' or WHICH THE

PERSON(S) ACTED, EXECUTED THE INSTRUMENT
I CERTIFY UNDER PENALN or PERJURY UNDER THE lAWS OF THE STATE OF CALIFORNIA THAT THE f'OREGOING PARAGRAPH IS TRUE ANO CORRECL
WITNESS IAY HANO:

MY PRINCIPAL PLACE OF BUSINESS IS
IN _ _____ ___ COUNTY
MY COMMISSION El<PIRES
MY COMMISSION NO: ______ _
(PRINT NAME)
SEE SHEET 2 FOR SIGNATURE OMISSIONS AND NOTE REGARDING

COVENENTS CONDITIONS AND RESTRICTIONS FOR THIS DEVELOPMENT BOOK __ PAGE _ _ __ _

HUGH NGUYEN

COUNTY CLERK-RECORDER
Bl'. _ _______ _
DEPUTY
~(YQR'S SU1 £M;Nl ;
ntS WP 'W.t!. l'Rtr k':1!0 Br U( 011 tl':OER t,1 Oi§tCIOl A.NO IS s-.stQ t..o,i Ii nn.0:

SU'/1:'1 N C0"' CA\!A\'(t l!!H JI~ R(Ctla{ l(S1S Of h( - ~ v» ,tt '-~ l OCll. -'it{ •r 0,: IIEWUl Of <;O'J>IIY Of °""' '.4 Ali() OAA'iCt COJ'iTI' 111! """°'""", JU._'r Of l01.5 l U[R!Jlt 5Ui[[ lll,\ I ALL """w.oos .&Rt 0, me QWUa[II U,JJ OCCUPr I!<£ ,w,1c,,s Oi~W!O, 0'! ®I T1t1'1' •'-l l,r $ti IN SUCI< 1'05.'TI0:'5 wm,,, 10 0&15 Af'JI~ ACtr<!l/.'.ct Ot l\''1tM'4111'l: ~\0 '""' Wl -~ 'Rt ~ I 10 1~'81[ Ii<!; juR'I{'!' IQ ~ ~ I !CP'J!Y $"1[ n',\I lltS !wt •)P 5'8SJA<l1'll.Y ~~~~~;:~
CITY ENGINEER'S STATEMENT:

I HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND HAVE FOUND IT TO BE SUBSTANTIALLY IN CONFORMANCE WllH THE APPROVED lENTAllVE MAP, If' REQUIRED, AS FILED WITH, AMENDEO ANO APPROVED BY THE CITY PLANNING COMkilSSION; AND THAT All PROVISIONS or TH[ SUBDIVISION MAP ACT AND CJTY SUBOM SION RECULATIONS HAVE BEEN COMPLIED WITH~
ANO 0ID ALSO APPROVE SU8JECT MAP PURSUANT TO TH[ PROVISIONS or GOVERNMENT CODE SECTION 664636 (A)(J)(A), or THE SUBDIVISION MAP ACT DATED THIS DAY or -----~ 2026
JACOOl l YNN ::,L:U 11 , R Ct .. M
PUBUC WORKS DIRECTOR/CITY ENCINEER. CITY or LAGUNA NIGUEL CITY CLERK'S CERTIFIC/>J(:

STATE OF CALIFORNIA
COUNTY OF ORANGE S5

CITY OF LAGUNA NIGUEL

I HEREBY CERTIFY THAT THIS MAP WAS PRESENTED FOR APPROVAL TO THE CITY

COUNCIL OF THE CITY OF LACUNA NIGUEL AT A REGULAR MEETING THEREOF HELO ON THE DAY or -~===~ 2026, AND THAT 1HEREUPON SAID
COUNCIL, 010 BY AN ORDER DULY PASSED AND ENTERED, APPROVED SAID MAP ANO 010 ACCEPT TH£ FOLLOWING EASEMENTS f'OR PUBLIC STREETS ANO PUBLIC UTILITY PURPOSES (CONTINGENT UPON COMPLETION ANO CITY ACCEPTANCE or THE IMPROVEMENTS): PACIFIC ISLAND DRIVE (LOT A), ALICIA PARKWAY (LOT B} AND CROWN VALLEY PARKWAY (LOT C), A NON-EXCLUSlVE ACCESS EASEMENT FOR Ei,1ERGENCY VEHICLE INGRESS ANO EGRESS OVER LOT D, AN £ASEMENT OVER LOT I r oR PUBLIC SIDEWALK PURPOSES ANO A NON-EXCLUSIVE EASEMENT FOR PUBLIC STORM DRAIN PURPOSES OVER LOT 1 ANO LOT D. ALL AS SHOWN ON THIS MAP.

DATED THIS DAY OF ----~ 2026

MARISSA ASISTIN
CITY or LAGUNA NIGUEL
era SURVEYOR'S STArEMElfl :

I HEREBY STATE THAT I HAVE EXAMINED THIS MAP ANO HAVE FOUND THAT IT CONFORMS WITH MAPPING PROVISIONS OF THE SU801VlSION MAP ACT ANO I AM SATISFl (O SAID MAP IS TECHNICALLY CORRECT IN ALL RESPECTS NOT STATED TO BY TH[ COUNTY SURVEYOR
DATED THIS DAY Of' - ----~ 2026.

DEREK J MCGREGOR, LS 6496
CITY SURVEYOR, CITY or LACUNA NIGUEL
coutl]Y SuRVCYOR'S STATEMCNI :

THIS MAP IS ACCEPTABLE FOR RECORDATION THIS _ _ DAY OF _ ____ _ B (: LILY M N SANDBERG, L S 8402

CHIEF' DEPUTY COUNTY SURVEYOR
COUN!Y JRE:ASUR[R- (AX COUECIOR's CERliflCAlC:

STAT( OF CALIFORNIA )
) 55

COUNTY OF ORANGE )
I HEREBY CERTIFY THAT ACCORDING TO lHE RECORDS OF MY OFffCE, THERE ARE NO LIENS .A.CA.INST THE LANO COVERED BY THl5 MAP OR ANY PART THEREOF FOR UNPAID STATE, COUNTY. MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES.

EXC(Pl TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES NOT YET PAYABLE ANO 00 CERTIFY TO TH( RECORDER or ORANGE COUNTY THAT TH[ PRO\/IS!ONS OF THE

SUBDIVISION MAP ACT HAVE BEEN COMPLIED WITH REGAROINC DEPOSITS TO SECURE PAYMENT

OF TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES ON THE LANO COVERED BY THIS MAP
DAY OF - ----~ 2026
COUNTY TREASURER-TAX COLLECTOR BY:·--,~REA= su-•-rn- --r•-x- co= cc-,c~r-oR~ SHEET 2 or 13
ALL or VESTING TENTATIVE TRACT NO. 19024
AREA: 25~179 GROSS ACRES
TRACT NO. 19024
2-4.029 NET ACRES
NUMBER or NUMBERED LOTS: 7
NUMBER or LETTERED LOTS: 4
DATE OF SURVEY: JULY 2025

IN THE CITY OF LAGUNA NIGUEL, COUNTY OF ORANGE, STATE OF CALIFORNIA FUSCOE ENGINEERING, INC KURT R. TROXELL, L-5 7854 JULY 2025 BASIS OF BEARINGS:

THE BEARINGS FOR THIS SURVEY ARE DETERI.N-.JED LOCALLY BY A LINE BETWEEN CONTINUOUS GLOBAL POSITIONING STATIONS (CGPS) iHMS" ANO "SBCC", BEING NORTH B~J7' I 2· EAST AS DERIVED rROM GEODETIC VALUES PUBLISHED BY THE CALIFORNIA

SPATIAL REFERENCE CENTER
DATUM STATEMENT:

COORDINATES SHOWN HEREON ARE BASED ON THE CALIFORNIA COORD'NATE SYSTEM or 19BJ (CCS-83), ZONE VI, (2017 50 EPOCH),

COORDINATES SHOWN ARE IN US SURVEY FEET

ALL DISTANCES SHOWN ARE GROUND, UNLESS OTHERWISE NOTED TO OBTAIN GRID DISTANCES, MULTIPLY GROUND DISTANCE BY 0.9999485
RECORD OAT A NOTE:

R1 INDICATES RECORD DATA PER R.S B, 87 /11
R2 INDICATES RECORD DATA PER RECORD OF SURVEY 2011-I\2B, RSB 255/45 RJ INDICATES RECORD DATA PER TRACT NO. 12431, M,M. 551/12-18 R4 INDICATES RECORD DATA PER PaM.B~ 119/43-45
RS INDICATES RECORD DATA PER PM NO, 81-117, PMS 170/15-16 D l INDK:ATES RECORD DATA PER INST, NO, 95-0JJ4J65 0 R
D2 INDICATES RECORD DATA PER INST. NO, 2008000372868 O. R, (M & R) INDICATES MEASURED AND RECORD
!,!Q!:ill!:i ENT NOTES:
& INDICATES REFERENCE STATIONS (CORS) AS REFERENCED IN BASIS OF BEARINGS AND CONTROL POSITIONS HEREIN.
e INDICATES FOUND MONUMENTS AS NOTED,

INDICATES MONUMENTS TO BE SIT
0 2" IP. TAGGED "LS. 7854" OR 8" SPIKE & WASHER STAMPED "LS 7854" IN ASPHAU HAVING A THICKNESS OF 2" OR MORE, OR LEAD & TACK TAGGED 't S 7854 " IN CONCRETE AT ALL DISTINCTIVE TRACT BOUNDARY CORNE.RS UNLESS OTHERWISE NOTED, TO BE SET WITHIN 90

DAYS OF THE ACCEPTANCE OF THE IMPROVEMENTS
1" IP. TAGGED ' L.S 7854" OR 8" SPIKE & WASHER STAMPED "LS 7854" IN ASPHALT HAVING A THICKNESS OF 2" OR MORE, OR LEAD & TACK TAGGED "LS 7854" IN CONCRETE TO BE SIT AT ALL LOT
CORNERS, WITHIN 90 DAYS OF THE ACCEPTANCE OF THE IMPROVEMENTS,

UNLESS OTHERWISE NOTED
~ FOUND HEX BAR IN WELL MONUMENT PER R2, ACCEPTED AS
ANGLE POINT PER O.C.F.8, A/8-8, 643, ON, 1.6'
~ FOUND HEX BAR IN WELL MONUMENT PER R2, ON I 6'
~ FOUND LEAD, TACK AND TAG "L.S. 5959· PER R2
~
~
[iQill
@lBl
(@ill
~
NOTES:

FOUND LEAD, TACK AND TAG "LS J246" PER R3. N02'47'26"W, 0 29' FROM CORNER,
FOUND 2" 1.P. WITH TAG "RCE 23956" PER RJ. MONUMENT IS
SOffOJ' 14 "E, 0 12' PER R3, ON. D 8 ; HELD FOR POINT ON NORTHWESTERLY LINE PER R1

FOUND PUNCHED SPIKE, NO REFERENCE, ACCEPTED AS POINT
ON CENTERLINE OF ALICIA PARKWAY; ESTABLISHED BC RECORD
DISTANCE (221-69') FROM CROWN VALLEY PARKWAY PER R2;
FITE FOUND TIE PER O.C.F B. A/7-8, 565
FOUND SPIKE AND WASHER "LS 446r PER R2, ON O 2'
FOUND 2" I.P WITH TAG "ORANGE COUNTY SURVEYOR
RCE 7872" PER R2.

FOUND SHANK OF DAMAGED GEAR SPIKE, ACCEPTED AS SPIKE
AND WASHER STAMPED "RCE 23956" PER R5, ON. 0 3".

SET L,S, 7854 SPIKE & WASHER.

FOUND SPIKE AND WASHER, NUMBER ILLEGIBLE, ON O 3',
ACCEPTED AS POINT ON CENTERLINE PER R2

FOUND REMNANT OF GEAR SPIKE SHANK, ESTABLISHED EC PER
FOUND TIES PER O.C.F 8 A/7-8, 558
FOUND LEAD, TACK ANO TAG "L S. 5959" PER R2.

FOUND 1" I,P WITH TAG, "LS 5959" PER R2,
FOUND 2" l,P. WITH TAG "ORANGE COUNTY SURVEYOR RCE
7872" PER R1, ON O 1'.

FOUND 2" I P W\TH TAC "LS 3246" PER RJ, ON O 5'
FOUND 2" I.P. WITH TAG "LS 3246" PER R.3, ON. o.s·.
t ALL ON-SITE STREETS, INCLUDING ANY SHARED ACCESS DRIVES, PEDESTRIAN WAYS ANO COURTYARDS IN

THE COMMON AREAS AND OTHER ACCOMOOATIONS, DRAINAGE AND ACCESS RIGHTS WITHIN THE SUBDIVISION,

SHALL BE OPERATED AND MAINTAINED BY THE THE OWNERS OR A DESIGNATED LEASEHOLDER OF THE OWNERS. AND ALL FUTURE OWNERS ANO SUCCESSORS OF INTEREST ALL NON-RESIDENTIAL SURFACE

PARKING SHALL BE SHARED BETWEEN THE LIBRARY AND COMMERCIAL USES, COVENANTS, CONDITIONS AND RESTRICTIONS ARE PROVIDED IN A SEPARATE DOCUMENT IN SATISFACTION OF CONDITION OF APPROVAL NO. 15 f,S STATED IN THE CITY OF LAGUNA NIGUEL RESOLUTION NO 2022-1398, APPROVED JUNE 21, 2022 .

BUT NOTHING HEREIN OR THEREIN SHALL PREVENT SUBDIVIDER FROM AMENDING AND RESTATING SAID COVENANTS, CONDITIONS ANO RESTRICTIONS IN THE FUTURE. SUBJECT TO THE REVIEW ANO APPROVAL OF

THE COMMUNITY DEVELOPMENT DIRECTOR
2 ORANGE COUNTY FIRE AUTHORITY SERVICE REQUEST NUMBER FOR FUEL MODIFICATION IS SR297J8J , .3 PUBLIC UTILITY EASEMENTS WILL BE PER SEPARATE GRANT DEEDS

4. A SEPARATE AGREEMENT REGARDING ACCESS FOR THE BENEFIT OF THE ORANGE COUNTY FIRE AUTHORITY TO LOT 5, WILL m: RECORDED AS A SEPARATE DOCUMENT,
5 PARKLAND REQUIREMENT TO BE SATISFIED IN COMPLIANCE WITH CITY MUNICIPAL CODE SECTION 9-1-521 .

SIGNATURE OMISSIONS:

THE SIGNATURES OF THE PARTIES NAMED HEREINAFTER AS OWNERS OF THE

INTEREST SET FORTH HAVE BEEN OMITTED UNDER PROVISIONS OF SECTION 66436(o)(J)(A){1-viii) OF THE SUBDIVISION MAP ACT, AS THEIR INTEREST IS SUCH

THAT IT CANNOT RIPEN INTO A FEE AND SAID SIGNATURES ARE NOT REQUIRED BY THE LOCAL AGENCY.
l . AN EASEMENT IN FAVOR OF SAN DIEGO GAS & ELECTRIC COMPANY, A

CORPORATION, FOR POLE LINES AND INCIDENTAL PURPOSES, RECORDED MARCH 25, 1964 IN BOOK 6976, PAGE 676 OF OFFICIAL RECORDS. (NOT PLOTTABLE FROM RECORD)
2 AN EASEMENT IN FAVOR OF TRI-CITIES MUNICIPAL WATER DISTRICT, A

BODY POLITIC AND MOULTON-NIGUEL WATER DISTRICT, FOR WATER

TRANSMISSION PIPELINE(SJ AND INCIDENTAL PURPOSES, RECORDED MARCH 24, 1966 IN BOOK 7879 PAGE 642 OF OFFICIAL RECORDS.

3. AN EASEMENT IN FAVOR OF SOUTHERN CALIFORNIA EDISON COMPANY,

A CORPORATION FOR OVERHEAD ELECTRICAL LINES AND

COMMUNICATION LINES AND INCIDENTAL PURPOSES, RECORDED JUNE 27, 1969 IN BOOK 9004, PAGE 678 OF OFFICIAL RECORDS,

4. AN EASEMENT IN FAVOR OF SOUTHERN CALIFORNIA EDISON COMPANY,

A CORPORATION FOR UNDERGROUND ELECTRICAL LINES ANO

COMMUNICATION LINES ANO TRANSFORMER PAD AND INCIDENTAL
PURPOSES, RECORDED JUNE 27, 1969 IN BOOK 9004, PAGE 681 OF

OFFICIAL RECORDS

5. AN EASEMENT IN FAVOR OF MOULTON-NIGUEL WATER DISTRICT, FOR

PIPELINE/PIPELINES AND INCIDENTAL PURPOSES, RECORDED FEBRUARY 04, 1 976 IN BOOK 1 1638, PAGE 1184 OF OFFICIAL RECORDS 6 AN EASEMENT IN FAVOR OF SOUTHERN CALIFORNIA EDISON COMPANY,

A CORPORATION, FOR UNDERGROUND ELECTRIC LINES AND

COMMUNICATION LINES ANO INCIDENTAL PURPOSES, RECORDED
DECEMBER 15, 1981 IN BOOK 14323, PAGE 1529 OF OFFICIAL

RECORDS
7 AN EASEMENT IN FAVOR OF SOUTHERN CALIFORNIA EDISON COMPANY,

A CORPORATION, FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES, RECORDED MAY 04, 1987 AS INSTRUMENT NO, 87-246073 OF

OFFICIAL RECORDS
8 AN EASEMENT IN FAVOR OF SOUTHERN CALIFORNIA EDISON COMPANY,

A CORPORATION FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES, RECORDED OCTOBER 07, 1992 AS INSTRUMENT NO. 92-677143 OF

OFFICIAL RECORDS
9 AN EASEMENT IN FAVOR OF SOUTHERN CALIFORNIA EDISON COMPANY,

A CORPORATION FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES, RECORDED SEPTEMBER JO, 1993 AS INSTRUMENT NO. 93-0662789

OF OFFICIAL RECORDS,
1 Q_ AN EASEMENT IN FAVOR OF COUNTY OF ORANGE ANO ORANGE COUNTY

FIRE AUTHORITY, FOR PUBLIC UTILITIES, INGRESS, EGRESS, ACCESS, LANDSCAPE ANO INCIDENTAL PURPOSES, RECORDED AUGUST 03, 1995 AS INSTRUMENT NO 95-0J.34365 OF OFFICIAL RECORDS.
11 AN EASEMENT IN FAVOR OF MOULTON NIGUEL WATER DISTRICT, FOR

WATER AND WATER FACILITIES AND INCIDENTAL PURPOSES, RECORDED NOVEMBER 24, 2010 AS INSTRUMENT NO. 201D000631683 OF

OFFICIAL RECORDS
15 COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS IN THE DOCUMENT RECORDED AUGUST 04. 2008 AS INSTRUMENT NO~
2008000371184 OF OFFICIAL RECORDS
---- -- --------....

NOT TO SCALE
\
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
J
SH[[T 3 or 13
All or VESTING T[NTATIV[ TRACT NO 19024
AR[A: 25. 179 GROSS ACRES
TRACT NO. 19024
24-029 N[T ACRES
NUUB[R OF NUMB[R[O LOTS: 7
NUUB[R or l[TT[R[O LOTS: 4
DAT[ or SURVEY: JULY 2025

IN THE CITY OF LAGUNA NIGUEL, COUNTY OF ORANGE, STATE OF CALIFORNIA FUSCOE ENGINEERING, INC. KURT R TROXELL. L S 7854 JULY 2025 BO.llliJ28RLlSTABUSHMENT SHEET
FOUND NOTHINC, [STABLISH£0
INT[RSECTION SY TIES PER
0 CF A A/i-8, 205-4
(SEE DETAIL "7" ON SHEET 13)

PACIFIC
-----ti,SX-.!,6"U"'w~
------
TFIAC:T NO. ·137-JB
Mi\11. 670/'13-·J,B
(lt0)
M).!"tU' 1-<1t
/ N83'4J'1~"1.
/ 124.5<'
AQlJNDARY [STA8L1SHMENT NOTE>

TRACT BOUNDARY WAS REESTABLISHED FROM
FOUND MONUMENTS A.NO SPECIFIC

RETRACEMENT NOTES AS INDICATED HEREON
f"OUND NOTHING, ESTABLISHEO INT(RSECllON or eoo·
TANGENT CURVE '1,11H NORTHWESTERLY LINE Of R1
CURVE ESTABL1SHEO TANCfNT 10 PAC)F1C ISLANO DR1\1£
AT R(STABUSHEO POINT Of TANGENCY PER llES
FOUND NOTHINC, ESTABLISHED POINT BY 17ES PER C,L.
'\:£::- _;,__ __ TIES FOR PM 81-117 (RS) FILED IN OCFB A/7-8 2017, RECORDS OF THE ORANGE COUNTY SURVEYOR
(SE[ DETAIL ··a·· ON SHEET 13)
N8l"56'46"W
26 19' (26.25' RJ)
o. R. ~/ "~nnn I 'r ~µ,· ..

I s.11·~•~

FOUND NOTHING, ESTABLISHED

POINT BY CRANT BOUNDARY

ADJUSTMENT (SCALE & ROTATE)
BETWEEN 1011-4 AND ANGLE
POINT PER R1

25.179 GROSS ACRES

24.029 NET ACRES

CURVE TABLE

CURVE DELTA RADIUS LENGTH RECORD
Cl 02'J0'5J" 2052.00' 9006' {6=02"30'53" L=90.06' RI)
CJ 09°41'57" 750 □□• 12696'
C4 09'08'J2" 75000' 11967' (ll=09'09'13• L-=1I9 82' RJ) cs 02·Jo'ss· 75000' 3:192'
CG "4'54'16" 2500' 1959'
C9 fJ'54'14. 1200.00· 29 1 20· (A=13'54"16- L=291 21• R2) CIO 09'07'15_ 120000· 191,0J' (A=09"07'04" l=l9I 03' R7.) Cl\ 07'16'00" 1200.00· 152. 19' {6= □ r1s•sg• L= Is2 19· C12 oa·~g·os· 1200.00· 18<1.68' (6=08"<\8'5B" L= 181 6~' Cl) 06'56'20" 1200.00· 145.J3'
w t5'I9'29• 80000' 2\397' (6=15"19'23" L=213 95'
CIS ,i-21'09• 80000' 1sa si· (l:1=11' 21'47" L=158 55'

LINE TABLE

LINE BEARING DISTANCE RADIAL
LI N32'56' 44 "W 50~00' (RAD)
L2 N78"S8'161: 2200·
LJ Nll'01'44""W U2'
L4 N78"5B'l6"E 1900'
LS N53'59'21'"W 26 50•
NOP
SEE SHEET 2 FOR GPS COORDINATE DETAIL, SIGNATURE OMISSIONS, BASIS OF BEARINGS, DATUM STATEMENT, RECORD DATA NOTE'S. MONUMENT NOTES SEE SHU:.l" J FOR BOUNDARY ESTABLISHMENT, ADDITIONAL LINE AND CURVE TABLES SEE SHEET 4 FOR INDEX MAP
SEE SHEET 5 THROUGH 12 FOR EASEMENT NOTES
SEE SHEET 1 J FOR RECORD TIES
R2)
RS)
R3)
R3)
"~"6' .. .,,
,

PARKWAY
,oo'
I
SHEET 4 OF 13
All OF VESTING TENTATIVE TRACT NO. 19024
AREA: 25 179 GROSS ACRES
TRACT NO. 19024
24 .. 029 NET ACRES
NUMBER OF NUMBERED LOTS: 7
NUMBER OF LETTERED LOTS: 4
DATE OF SURVEY: JULY 2025

IN THE CITY OF LAGUNA NIGUEL, COUNTY OF ORANGE, STATE OF CALIFORNIA FUSCOE ENGINEERING, INC. KURT R. TROXELL, L,S 7854
Ji'!!)EX SHEET
lL - -------- ~ - -
LOT
D
//
,,
,,,,
/
////
LOT D
LOT 3
SEE SHEET 7
LOT 2
,,,,
,/
/
,,,,✓
LOT 4
SEE SHEET 8
LOT 7
SEE
SHEU 6
SEE SHEET 6
L._ __ -----LQT D
LOT 1
SEE SHEET 5
LOT D
JULY 2025
LOT 6
SEE SHEET 10
c,owN VALLEY PARKWAY '-- cao~" m m I __________ 7 _ _ ___ _ ~l rwt~•• (Lor c) ______ __ _ _ ___________ _ )ii
NOTE:

SEE SHEET 2 FOR GPS COORDINATE DETAIL. SIGNATURE OMISSIONS, BASIS OF

BEARINGS, DATUM STATEMENT, RECORD DATA NOTES, MONUMENT NOTES SEE SHEET 3 FOR BOUNDARY ESTABLISHMENT, ADDITIONAL LINE AND CURVE TABLES SEE SHEET 4 FOR INDEX MAP
SEE SHEET 5 THROUGH 12 FOR EASEMENT NOTES
SEE SHEET 1 J FOR RECORD TIES
~
SHEET 5 or 13
All or VESTING TENTATIVE TRACT NO. 19024
AREA: 25. 179 GROSS ACRES
TRACT NO. 19024

24.029 NET ACRES
NUl.18ER or NUMBERED LOTS: 7
NUl.18ER OF LETTERED LOTS: 4
DATE OF SURVEY: JULY 2025
SEE SHEET 7
N45.24'1 7~N
JO.oo·
58 00'

IN THE CITY OF LAGUNA NIGUEL, COUNTY OF ORANGE, STATE OF CALIFORNIA FUSCO[ ENGINEERING, INC KURT R. TROXELL, LS 7854 JULY 2025 _EXISTING EASEMENT NOTES:
@ ~~l~~iiLENPTu~ci~R R~~o~g~6H~~~ g:~
I
~i~~
1 \~
0 I
I
~~~u~:. .. N~/o Asi~;~,i
I0
0NF 6~~1ciA~
8 ~~ci~~~~IES AND
(EASEMENT TO BE QUITCLAIMED BY SEPARATE DOCUMENT)
@ AN EASEMENT IN r 1WOR OF IAOUj,TON NIGUEL WATER DISTRICT, FOR l'+'A.f[R ANO WATER FACILITIES AND INCIDENTAL PURPOSES, RECORO! O NOVEUB[ R 24, 201 0 AS INSTRUMENT NO. 2010000631 683 OF OFFICIAL RECORDS. (EASEMENT TO BE QUITCLAIMED BY SEPARATE DOCUMENT)
PROPOSED EASEMENT NOTES:
@ A 20 FOOT WIDE EASEMENT TO THE CITY OF LAGUNA NIGUEL FOR PUBLIC STORM DRAIN PURPOSES ® A 3 FOOT WIDE EASEMENT TO THE CITY or LAGUNA NIGUEL FOR PUBLIC SIDEWALK PURPOSES.

SEE SHEET 6
LOT D
5 005 AC
LOT 1
3 75'1 AC
--,-,4-- -
N45"24'17"W
110()"
,,a:,·:ro·~.

19.~·
No·24•Irw
14 14"
35·
LOT D
Cl (' , __ I N'1-4.38'27"E 388 90' (J.._ 78 l 2"
FIi ~I Pi f. I
\o ~I~ .~IC r g l
ii19 ;,;1c ~I! ~ ~11 ,_I~ 21 ~I CROWN VALLEY PARKWAY 2 1 ______ ;1_:_\ ______ ' __
2 ~• ,:;::::--- _____ -it--- ____________ \Le- N44"38°;!1L ll!l 98' - n•"·JK27"E JSa.!n' (389.oo· Rl)

LINE TABLE

LINE BEARING
Lll N8'3"06'06"W
Ll2 N06'42'00"'W
Ll3 N4s·2~·,rw
L14 N44'J5'4J.E
L15 NJffl3'58"E
NOH.

SEE SHEET 2 FOR GPS COORO,NATE DETAIL, SIGNATURE OMISSIONS, BASIS OF

BEARINGS, DATUM STATEMENT, RECORD DATA NOTES, MONUMENT NOTES SEE SHEET J f"OR BOUNDARY ESTABLISHMENT, ADDITIONAL LINE ANO CURVE TABLES SEE SHEET 4 FOR INDEX MAP
SEE SHEET 5 THROUGH 12 FDR EASEMENT NOTES
SEE SHEET \ J FOR RECORD TIES

DISTANCE
9899'
1688J'
~7.70'
J744'

96.35'

CURVE TABLE

CURVE DELTA RADIUS LENGTH
ClO 81 °24'06" 45 oo· 6J9J'
Ctf Ja •.::·1r 4500' J0.40'
C12 9o"OO'OO" 4500' 7069'
CIJ 14•21'45' 25800' 6467'
JQIIJ
f,&£'38'27"E
,-JS.DO'
SCALE: 1· '"" .,4!)'
w w
<ll
SHEET 6 OF 13
ALL OF VESTING TENTATIVE TRACT NO~ 19024
AREA: 25.179 GROSS ACRES
24 029 NET ACRES
NU~BER OF NUMBERED LOTS: 7
NU~BER OF LETTERED LOTS: 4
DATE or SURVEY: JULY 2025
r-­
f­w w :r:

V>
~
V>
0 f-
g
NOTF:

LOT D
5 005 AC
Le:4.9.3'
~•1'.l:<I'
ti •t' ''28°Hr
N44"J5'43"E
~-7~•
TRACT NO. 19024

IN THE CITY OF LAGUNA NIGUEL, COUNTY OF ORANGE, STATE OF CALIFORNIA FUSCOE ENGINEERING, INC. KURT R. TROXELL, L.S 7854 JULY 2025 SEE SHEET 8
LOT 4 :, i'~~
I
I
E! // ',
'------------ --~- --'''---"-''=,J!>,._'<c=l.='i:c..-=J.c.e1',,_>-1,.,5_' _____ ______ _ __ r-- I I ', 1M5"1•1'1l"'W Ll I 1 '--
s1,00·~ 1 I I /
__ LlB _______ - ~ \ )) LOT D
1<,10• _I "'"( 5 005 AC
«Ml' ~/ I "
' 1a661' 1~,, ,, K 's.\
r ----- l - / ' \
1 ., 1._~r---:::::::: "= J •• \
SEE DETAIL •,1•,7--
255l,t.
0N SHEET U I
? I
LOT 3
SEE SHEET 7
EXISTING EASEMENT NOTES:

LOT 7

0.7I6 AC
(THIS LOT IS FOR THE COUNTY

LIBRARY AND IS LOCATED

WITHIN THE INCORPORATED

CITY OF LAGUNA NIGUEL)
186 67'
t:u•»·.in ?OJ..67~
@ ~~R E~~~~NTUT1~~1:t~~D
0 1~0~~:os~'t
1 ARE~D~~g~D cg~~ ~?
0 f;~AJ~ON
INSTRUMENT NO 92-677143 OF OFFICIAL RECORDS
(EASEMENT TO BE QUITCLAIMED BY SEPARATE DOCUMENT)

AN EASEMENT IN FAVOR OF COUNTY OF ORANGE AND ORANGE COUNTY FIRE AUTHORITY, FOR PUBLIC UTILITIES, INGRESS, EGRESS. ACCESS. LANDSCAPE AND INCIDENTAL PURPOSES, RECORDED AUGUST OJ, 1995 AS INSTRUMENT NO 95-0334365 OF OFFICIAL RECORDS.
(EASEMENT TO BE QUITCLAIMED BY SEPARATE DOCUMENT)
PROPOSED EASEMENT NOTES:
@ A 20 FOOT WIDE EASE~ENT TO THE CITY OF LAGUNA NIGUEL FOR PUBLIC STORM DRAIN PURPOSES.

LINE
Ll3
L14
LIS
Ll6
LIB
L19
L=25 98'
R.~5.~I
ll=41"56'1J'
L•25 25'
~-~-,o·
ll=47"56'1J"
N44"J5'4J"E
'10.6.9'

LINE TABLE
B[ARING DISTANCE
N4~i-24'17"W 47 70'
N44"35'4J"E 37,14'
NJ0'1J'58 "E 96 JS'
N45"24'17"W 55899'
N44'35'43"E 39876'
N45. 24'17"W 4424'
N44.35'4J"E 4]0 54•
LOT 1
SEE SHEET 5
LOT 2

5.J04 AC

CURVE TABLE

CURVE DELTA RADIUS LENGTH
Cl2 90'00'00" '1-500' 7069'
CIJ In1'o1Y 25800' 6467'
Cl4 75'38'15" 22.50' 2970'
Cl5 47'56'14" '1-500' 37,65'
Cl6 '1-4'J8'58" 4500' JS.07'
Cl7 4,4•54• J2600' 2417'
CIB JS24'55" 326.00' \90. lJ'
C19 90'00'00" 2250' J534 '
~ ;:; I
' I
I
.. JX!. I
I
I
LOT D
5 005 AC
SEE SHEET 2 FOR GPS COORDINATE DETAIL, SIGNATURE OMISSIONS, BASIS OF

BEARINGS, DATUM STATEMENT, RECORD DATA NOTES, MONUMENT NOTES ~; f SHEET J FOR BOUNDARY ESTABLISHMENT, ADDITIONAL LINE AND CURVE TABLES SEE SHEET 4 FOR INDEX MAP
SEE SHEET 5 THROUGH 12 FOR EASEMENT NOTES
SEE SHEET 1 J FOR RECORD TIES
40' o· 20· 40' ao·
~:_;j I
SCALE: 1ft = 40'
SHEET 7 OF 13
ALL OF VESTING TENTATIVE TRACT NO. 19024
AREA: 25~179 GROSS ACRES
2-4 029 NET ACRES
NUMBER OF NUt.18EREO LOTS: 7
NUMBER OF LETTERED LOTS: 4
DATE OF SURVEY: JULY 2025
TRACT NO. 19024

IN THE CITY OF LAGUNA NIGUEL, COUNTY OF ORANGE, STATE OF CALIFORNIA FUSCO[ ENGINEERING, INC, KURT R. TROXELL, L.S. 7854 JULY 2025 PROPOSEO EASEMENT NOTES:
0 A 20 FOOT WIDE EASEMENT TO THE CITY OF LAGUNA NIGUEL FOR PUBUC STORM DRAIN PURPOSES TFU.\CT NO. -J37-1B
1\JLM. 670/·13-·IB
I~
I
i'
OI ~
;:!~
~~
"'
SEE SHEET 8
LOT 4
N44'J5'4J"E 375 16
1 \ ~ - L18_ - -- - --- - --- - -
NOTE:

LOT D
5 005 AC
N4s•24•1rw
JOOO'
s11m·
\,..

SEE SHEET 2 FOR GPS COORDINATE DETAIL. SIGNATURE OMISSIONS, BASIS OF

BEARINGS, DATUM STATEMENT, RECORD DATA NOTES, MONUMENT NOTES

SEE SHEET J FOR BOUNDARY ESTABLISHMENT, ADDITIONAL LINE AND CURVE TABLES SEE SHEET 4 FOR INDEX MAP
SEE SHEET 5 THROUGH 12 FOR EASEMENT NOTES
SEE SHEET 1 J FOR RECORD TIES
'
LOT 1
SEE SHEET 5
LOT 3
I 540 AC

LINE TABLE
256 -24'

LINE BEARING DISTANCE
LIB N44'J5'43T 398 76'
L19 N45"24'\7"W 44,24'
CURVE
C19

CURVE TABLE

DELTA RADIUS
90'00'00" 22,50'
LOT 2
SEE SHEET 6
L-25.98'
~-..!5.~
~l"' ,t,l--,6c'l3 ..

L=25 25'
q-)<!,O'
t.=41"56'1J"
N44"J5'4J"E
1M~'
372 54'
LENGTH
JS,J4"
LOT 7
SEE SHEET 6
..- tt 211 ,o·
~u
SCALE: 1" = 40'
SHEET 8 or 13
ALL or V£STIHG TENTATIVE TRACT NO. 19024
AREA: 25.179 GROSS ACRES TRACT NO. 19024
2 ◄ . 029 NET ACRES
NUMBER or NUMBERED LOTS: 7
NUMBER or LETTERED LOTS: 4
DATE or SURVEY: JULY 2025

IN THE CITY OF LAGUNA NIGUEL, COUNTY OF ORANGE, STATE OF CALIFORNIA FUSCOE ENGINEERING, INC, KURT R. TROXELL. L.S 7854 JULY 2025 EXISTING EASEMENT NOTES:
(j) AN EASEMENT IN ,AVOR OF SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION FOR OVERHEAD El..CCf~AL LINES AND COMMUNICATION LINES AND INCIDENTAL PURPOSES, RECORDED IN BOOK 9004, PAGE 678 OF OFFICIAL RECORDS (EASEMENT TO BE QUITCLAIMED av SEPARATE DOCUMENT)
® :~D E~Jgl~~~~At ~~; ~m~~(/i'~U~6o~A~Et6J~~·~~ ~~:4 P~E~~~i~~ELINES

RECORDS
(EASEMENT TO BE QUITCLAIMED av SEPARATE DOCUMENT)
@ AN EASEMENT IN FA~ OF SOl,JH(RN CAJ.trORNIA EDISON COMPANY, A CCRPORATION, FOR UNDERGROUND (L£CTRJC ll"CS AND CO\tV UNJCATION UNES AND INCIOCNfA.L PURPOSES. RECORDED IN 8001( 14323, PACE 1529 OF OFFICIAL RECORDS (EASEMENT TO BE QUITCLAIMED 8V SEPARATE OOCU~ENT)
PROPOSED EASEMENT NOTES;
0 ~~AiNO~Tu:~~~E~SEM[NT rn THE CITY or LACUNA NIGUEL FOR PUBLIC STORM

LINE TABLE

LINE BEARING DISTANCE
Ll6 N45'24' 17"W 55B.99'
Lll NJ ro1'44·w 47 49'
llB N44'.)5'4.n: 398 76'
L19 N45'24· 1rw 4424'
CURVE TABL[

CURVE DELTA RADIUS LENGTH
C15 4756'14• 4500' 37 65'
C15 44"J8'58" 4500' 3507'
C17 4·14'54" 32600' 24,17'
ClB 33•24'55· 32600' 190. 13'
Cl9 90'00'()()" 22 50' 3534'
TRACT NO, ·J37·Ja
NLM, 67o/·J3-W
_,,
2})
@ AN EASEMENT IN rt,\!~ OF SQun-tE'RN CAL.l~OftNIA EDISON COW'~, A CORPQ<tATION FOR PUBLIC UTILITIES A.'ID INCID(MA I. PURPOSES. RECORDED oc'toaEre" 07, lff2 AS INSTRUMENT NO. 92-677143 OF OFrlCIAL RECORDS
(EASEMENT TO BE QUITCLAIMED BY SEPARATE DOCUMENT)
@ AN EASEMENT IN FAVOR or SOUTHERN C/oUFOR-:~IA EDISON COU1'A1l'r. A CORPOFWlON FOR PUBLIC UTILITIES AND IXont.NTAL P\IA:POS(S, RECORDED StP1'tMBER 30, 1993 AS INSTRUMENT NO. 93-0662789 OF OFFICIAL RECORDS,
e
(EASEMENT TO BE QUITCLAIMED BY SEPARATE DOCUMENT)
AN EASEMENT JN FAVOR OF COUNTY OF OR •IC( ANO OftA,,ICC COUNTY FIRE AUTHORlTY, FOR PUBUC UTILITIES. INGRESS, EGRESS, ACctSS. L.ANt>SCAPi: AND INCIDENTAL PURPOSES, RECORDED AUGUST 03. 1995 AS INSTRUMENT NO 95-0334365 OF OFFICIAL

RECORDS
(EASEMENT TO BE QUITCLAIMED BY SEPARATE DOCUMENT)
~Z:.,. ~ .H•l•r.l8"S94t
c__ ____ ___________ _____ ______ - _-.,:;!AAll::-:,..l_- _..;..::c.1 LOT D
5 005 AC
NOTE:

LOT3
SEE SHEET 7
SEE SHEET 2 FOR CPS COORDINATE DETAIL. SIGNATURE OMISSIONS. BASIS or 8EARl~GS, DATUM STATEMENT, RECORD DATA NOTES. MONUMENT NOTES

SFE SHEET J FOR BOUNDARY ESTABUSHIA(NT, ADDITIONAL LINE AND CURVE TABLES Sf [ SHEET 4 FOR INDEX MAP
SEE SHEET 5 THROUGH 12 FOR EASEMENT NOTES
SEE SHEET 13 FOR RECORD TIES
1:c.f.'3''.:,rr 37:S 16'
u;E DETAIL"6" .

ON SHEET 12
LOT D
5 005 AC
40• o· 20· ,1.0'
~w
SCALE: I" = -40'
BD'
I
SHEET 9 OF 1J
All OF VESTING TENTATIVE TRACT NO. 19024
AREA: 25. 179 GROSS ACRES
TRACT NO. 19024

24.029 NET ACRES
NUMBER OF NU~BERED LOTS: 7
NUMBER OF LETTERED LOTS: 4
DATE OF SURVEY: JULY 2025

IN THE CITY OF LAGUNA NIGUEL, COUNTY OF ORANGE, STATE OF CALIFORNIA FUSCOE ENGINEERING, INC, KURT R TROXELL, LS, 7854 JULY 2025 EXISTING EASEMENT NOTES:

AN EASEMENT IN F'-'V'OA: OF SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION FOR OVERHEAD ELti;l H:ICAL LINES AND COMMUNICATION LINES AND INCIDENTAL PURPOSES, RECORDED IN BOOK 9004, PAGE 678 OF OFFICIAL RECORDS (EASEMENT TO BE QUITCLAIMED BY SEPARATE DOCUMENT)
® AN [,i,,Slt,tENT IN FAVOR OF MOULTON-NIGUEL WATER DIS1-R:(.r, FOR PIPELINE/PIP ELINES ANO ~rO ENTAL P'UA'PDSES, RECORDED IN BOOK I 16.38, 1'1l(i!: 1184 OF OFFtCtA,L

RECORDS
(EASEMENT TO BE QUITCLAIMED BY SEPARATE DOCUMENT)
@ AN EASEMENT IN FA\'00 OF SQUfl !ERN CAt_JF'Ol(NIA EDISON COMPAll't, A CORi' ORATION, FOR UNDERGROUNO, U.ECTRIC LWES AND CO'-'MUNICATION LINES r.r-.'O INCt0CN'1AL PURPOSES, RECORDED IN BOOK 1 4323, PAGE 1529 OF OFFICIAL RECORDS (EASEMENT TO BE QUITCLAIMED BY SEPARATE DOCUMENT)
PROPOSEO EASEMENT NOTES:
@ A 20 F-OOT WIDE EASEMENT TO THE CITY OF LAGUNA NIGUEL FOR PUBLIC STORM DRAIN PU~OSES .
-L --......._____
c-;:, -------------
f,~ ~
;..,, ,,✓ t.'t: ~..,.,.
!;r-=- ,., ~,, .
~ , ,,./' ..d!,lv ,,, ,"'.£J • ,, Ip' / ~1¥ ., ,{ .,,.,, #jl..-::
,,,, .,,, :::-1
,,. ,,.,,,. ' ,,,,
.,- _,. SEE DETAIL "3", -
co
....

W-st
w
:r:,­
V>O
w w
if)
...J
ON SHEET 11~
SEE DETAIL "5",
ON SHEET 12
SEE DETAIL "

ON SHEET
®
J:,.., ,,,_.
~, '~~
...'!!rJ / ~~/~ ("
@ :~R E~t~~l~NTUTl~~11:SM<IJ0 °1~C=~~~=-
I
~E~~~g~D cg~p~~ ~?
0 ~2QA;~oN
INSTRUMENT NO, 92-677143 OF OFFICIAL RECORDS
(EASEMENT TO BE QUITCLAIMED BY SEPARATE DOCUMENT)
@ AN EASEMENT IN FAVOR OF SDUiHERN C,\UfO~N'PA EDISON COl.~,,Ct Y, A CORPORAtU)N FOR PUBLIC UTILITIES AND INCIO( NTAL Pv~. RECORDED S!:PrCUBER 30, 1.99.l AS INSTRUMENT NO 93-0662789 OF OFFICIAL RECORDS.
(EASEMENT TO BE QUITCLAIMED BY SEPARATE DOCUMENT)
AN EASEMENT IN FAVOR OF COUNTY OF ~C(. AND O'li\.'lU COUNTY f'tltt .i\UTHORITY, FOR PUBLIC UTILITIES, INGRESS, EGRESS, ACCESS. LANO$CAP[" ANO INCIC(MAL.

PURPOSES, RECORDED AUGUST 03, 1995 AS INSTRUMENT NO 95-0J34J65 OF OFFICIAL RECORDS.
(EASEMENT TO BE QUITCLAIMED BY SEPARATE DOCUMENT)

LINE TABLE

LINE BEARING DISTANCE
L16 N4s·24•1rw 558.99'
L17 NI l'D I '44"\Y 4749'
L18 Nol-4'J5'4J"E J98 76'

CURVE TABLE

CURVE DELTA RADIUS LENGTH
C15 47'56'14" 45.00' J7.65'
C16 44'J8'58" 45.00' 3507'
C17 4•14'54" 326 DO' 2417'
C1B JJ'24'55" J26 DO' 19D 1J'
1 LOT 5
/ J~c DETAIL "4", 0 794 AC
c+l SHEET 11
l 6·_:-l
\W J
'-c SEE DETAIL "6''.
) ON SHEET 12
- _--:_ ~!~!,21:

I I 'l!.(!r)(;•cl,.,,, - f{!J"4~1•81~•0\
, , , r ~--
LOT D
N44"35'43"E 37516' // '(~-=\- ;; •&' N'4"$ <S'I: 7334'
~I I (IL~ I J l 14 ,_.....--sEE DETAIL "s".
_ s~ _- lib L
1 ·___ _ I (!. \/) __ , oN SHEET 12
N44'35'4J"E 18667 ;; ~V '\
~1 ~ @. Iv 'S,\
r_;;.:-::~:::: ~aJ! I ~• \ \
SEE DETAIL .. 4 ... r- 1
ON SHEET 11
'~ '1
LOT 7
I SEE SHEET 6
NOTE:

SEE SHEET 2 FOR CPS COORDINATE DETAIL, SIGNATURE OMISSIONS, BASIS OF

BEARINGS, DATUM STATEMENT, RECORD DATA NOTES, MONUMENT NOTES LOT D
5 005 AC
LOT D
5 005 AC
LOT 6
SEE SHEET 10
0 "'t;:;
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SEE SHEET J FOR BOUNDARY ESTABLISHMENT, ADDITIONAL LINE AND CURVE TABLES SEE SHEET 4 FOR INDEX MAP
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SEE SHEET 5 THROUGH 12 FOR EASEMENT NOTES
SEE SHEET 1 J FOR RECORD TIES
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SCALE:
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SHEET 10 OF 13
ALL OF VESTING TENTATIVE TRACT NO. 19024
AREA: 25, 179 GROSS ACRES
TRACT NO. 19024
2-4 ,029 NET ACRES
NUMBER OF NUMBERED LOTS: 7
NUMBER OF LETTERED LOTS: 4
DATE OF SURVEY: JULY 2025

IN THE CITY OF LAGUNA NIGUEL, COUNTY OF ORANGE, STATE OF CALIFORNIA

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FUSCOE ENGINEERING, INC
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KURT R TROXELL, L S 7854 JULY 2025
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(EASEMENT TO BE QUITCLAIMED BY SEPARATE DOCUMENT)
AN tAS.Cl.!ENT IN FA\lllff OF SOUTHERN CALIFORNIA EOGOU COMPANY, A CORPC!b\TION FOR CIYC'RHEAD ELECTRICAL LINES AND .CQIJUUNICATION LINES AND INCIDENTAL PURPOSES, RECORDED IN BOOK 9004, PAGE 678 OF

OFFICIAL RECORDS
(EASEMENT TO BE QUITCLAIMED BY SEPARATE DOCUMENT)
SEE DETAIL "1",
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SEE SHEET 2 FOR CPS COORDINATE DETAIL, SIGNATURE OMISSIONS, BASIS OF

BEARINGS, DATUM STATEMENT, RECORD DATA NOTES, MONUMENT NOTES

SEE SHEET J FOR BOUNDARY ESTABLISHMENT, ADDITIONAL LINE AND CLJRVE TABLES SEE SHEET 4 FOR INDE)< MAP
SEE SHEET 5 THROUGH 12 FOR EASEMENT NOTES
SEE SHEET 1 J FOR RECORD TIES

LINE TABLE

LINE BEARING DISTANCE
LG N14'25'26"E \403'
L7 N31"19"I01W 30.52'
LB N30'13'58"E 10 69'

CURVE TABLE

CURVE DELTA RADIUS LENGTH
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ALL or VESTING TENTATIVE TRACT NO. 19024
AREA: 25 179 GROSS ACRES
TRACT NO. 19024
24,029 NET ACRES
NUMBER or NUMBERED LOTS: 7
NUMBER OF LETTERED LOTS: 4
DATE OF SURVEY: JULY 2025

IN THE CITY OF LAGUNA NIGUEL, COUNTY OF ORANGE, STATE OF CALIFORNIA FUSCOE ENGINEERING, INC, KURT R, TROXELL, LS 7854 JULY 2025 EASEMENT NOTES·
© AN fAStu!m IN r,1,VQit OF TRI-CITIES V~ICPAL WATER DISTRICT, A BODY POLITIC ANO MOULTO'k-NKitl EL 'JAtCR DISTRICT, FOR ll'ATtlt TRANSMISSION PIPELINE(S) ANO INCIDENTAL PURPOSES, RECORDED IN BOOK 7879 PAGE 642 OF OFFICIAL RECORDS
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(EASEMENT TO BE QUITCLAIMED BY SEPARATE DOCUMENT)
AN EASEMENT IN fAVOft OF SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION FOR OVERHEAD ElECJRICAL LINES AND COMMUNICATION LINES AND INCIDENTAL PURPOSES, RECORDED IN BOOK 9004, PAGE 678 OF OFFICIAL RECORDS, (EASEMENT TO BE QUITCLAIMED BY SEPARATE DOCUMENT)
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RECORDS
@ AN EASEMENT IN fA\IQA: OF SOUTHERN CM,.lf~NIA EDISON COMPAN't, A CORPORATION, FOR UNDERGROUNO Q.ECTRIC LINES AND COMMUNICATION LINES At,0. INCIOOITi\L PURPOSES, RECORDED IN BOOK 14323, PAGE 1529 OF OFFICIAL RECORDS. (EASEMENT TO BE QUITCLAIMED BY SEPARATE DOCUMENT)
@ ;~R E;~~~l~NTUTl~~Tlgvz:.o Ql~C=~R~~=:l~[~'b~o cg~r~1~ ~7~0~:AJ~DN INSTRUMENT NO, 92-677143 OF OFFICIAL RECORDS.
(EASEMENT TO BE QUITCLAIMED BY SEPARATE DOCUMENT)
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SEE SHEET 2 FOR GPS COORDINATE DETAIL, SIGNATURE OMISSIONS, BASIS OF

BEARINGS, DATUM STATEMENT, RECORD DATA NOTES, MONUMENT NOTES

SEE SHEET J FOR BOUNDARY ESTABLISHMENT, ADDITIONAL LINE AND CURVE TABLES SEE SHEET 4 FOR INDEX MAP
SEE SHEET 5 THROUGH 12 FOR EASEMENT NOTES

SEE SHEET I J FOR RECORD TIES
LOT LOT 2
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DETAIL " 4"
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SHEET 12 or 13
ALL or VESTING TENTATIVE TRACT NO. 19024
AREA: 25.179 GROSS ACRES
TRACT NO. 19024
24,029 NET ACRES
NUMBER or NUMBERED LOTS: 7
NUMBER or LETTERED LOTS: 4
DATE or SURVEY: JULY 2025

IN THE CITY OF LAGUNA NIGUEL, COUNTY OF ORANGE, STATE OF CALIFORNIA

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RECORDS
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L9 NB9"JB'17"W 150 □'
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CURVE TABLE

CURVE DELTA RADIUS LENGTH
C6 44·54'16" 25 oo· 1959'
CB 28"J9'47" 24.72' 1237'
C9 75•35'34'' 25.B5' 34. it'
NOTE:

SEE SHEET 2 FOR GPS COORDINATE DETAIL, SIGNATURE OMISSIONS, BASIS OF

BEARINGS, DATUM STATEMENT, RECORD DATA NOTES, MONUMENT NOTES

SEE SHEET J FOR BOUNDARY ESTABLISHMENT, ADDITIONAL LINE AND CURVE TABLES SEE SHEET 4 FOR INDEX MAP
SEE SHEET 5 THROUGH 12 FOR EASEMENT NOTES
SEE SHEET 13 FOR RECORD TIES
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ATTACHMENT C
Subdivision Improvement Agreement

RECORDED AT THE REQUEST OF
AND WHEN RECORDED RETURN TO:

City of Laguna Niguel
30111 Crown Valley Parkway
Laguna Niguel, CA 92677
Attn: City Engineer
(Exempt from Filing Fees-Government Code§ 6103)
55842 .00 I 00\45031333 .1

SPACE ABOVE THIS LINE FOR RECORDER'S USE

SUBDIVISION IMPROVEMENT AGREEMENT

FOR COMPLETION OF PUBLIC IMPROVEMENTS
TRACT MAP NO. 19024
between

THE CITY OF LAGUNA NIGUEL
a California municipal corporation
and
Laguna Niguel Town Center Partners
LLC

SUBDIVISION IMPROVEMENT AGREEMENT

FOR COMPLETION OF PUBLIC IMPROVEMENTS
TRACT MAP NO. 19024
I. PARTIES AND DATE
This Subdivision Improvement Agreement for the Completion of Public Improvements ("Agreement") is entered into as of this __ day of ___ ___, 2026, by and between the

1. City of Laguna Niguel, a California municipal corporation ("City")

2. Laguna Niguel Town Center Partners, a limited liability company, with its principal office located at 3501 Jamboree Road, Suite 3000, Newport Beach, CA 92660 ("Developer") .

City and Developer are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties."
II. RECITALS
A. Developer's vesting tentative tract map for real property located within City, a legal description of which is attached hereto as Exhibit "A" ("Property") , was conditionally approved by the City of Laguna Niguel City Council on June 21, 2022. The vesting tentative tract map is identified in City records as Tract Map No. 19024 ("Map").

B. Developer has not completed all of the work or made all of the public improvements required by the City's Municipal Code, the Subdivision Map Act (California Government Code section 66410, et seq.) ("Map Act"), the conditions of approval for the Map, or other ordinances, resolutions, or policies of City requiring construction of improvements in conjunction with the subdivision of land.

C. Pursuant to the City's Municipal Code and the applicable provisions of the Map Act, Developer and City enter into this Agreement for the timely construction and completion of the public improvements and the furnishing of the security therefor, acceptable to the City Engineer and City Attorney, for the Map.

D. Developer's execution of this Agreement and the provision of the security are made in consideration of City's approval of the final Map for the Property.

III. TERMS

1.0 Effectjveness. This Agreement shall not be effective unless and until all four of the following conditions are satisfied: (a) Developer provides City with security of the type and in the amounts required by this Agreement; (b) Developer executes and records this Agreement in the Recorder's Office of the County of Orange; (c) the approving body per the Laguna Niguel Development Code approves the final map for the Property; and ( d) Developer records the final map for the Property in the Recorder's Office of the County of Orange. If any of the above -1-
55842.00100\45031333.1
described conditions are not satisfied, this Agreement shall automatically terminate without need of further action by either City or Developer, and Developer may not thereafter record the final map for the Property.

1.1 Definitions. For purposes of enforcing this Agreement, the term "City" shall include, but shall not be limited to, City Council, Public Works Director, City Engineer, Community Development Director, Building Official, or any of their authorized representatives.

City shall have the sole and absolute discretion to detennine which public body, public official, or public employee may act on behalf of City for any particular purpose.

2.0 Public Improvements. Developer shall construct or have constructed at its own cost, expense, and liability all ( a) off-site improvements and (b) the on-site public storm drain improvements to be dedicated to City, as required by City as part of the approval of the Map, including, but not limited to, all grading, roads, paving, curbs and gutters, driveways, raised medians, pathways, sidewalk, storm drains, sanitary sewers, utilities, drainage facilities, water quality systems, walls, traffic signals, traffic controls, planting, landscaping, irrigation, street lights, and all other required facilities as shown in detail on the plans, profiles, and specifications which have been prepared by or on behalf of Developer for the Map ("Public Improvements").

The Public Improvements are more specifically described in Exhibit "B," which is attached hereto and incorporated herein by this reference. Construction of the Public Improvements shall include any transitions and/or other incidental work deemed necessary for drainage or public safety.

Developer shall be responsible for the replacement, relocation, or removal of any component of any utility system or public improvement in conflict with the construction or installation of the Public Improvements. Such replacement, relocation, or removal shall be performed to the complete satisfaction of the City Engineer and the owner of such utility system or public improvement.

Developer further promises and agrees to provide all equipment, tools, materials, labor, tests, design work, and engineering services necessary or required by City to fully and adequately complete the Public Improvements.

2.1 Prior Partial Construction of Public Improvements. Where construction of any Public Improvements has been paitially completed prior to the execution of this Agreement, Developer agrees to complete such Public Improvements or assure their completion in accordance with this Agreement.

2.2 Permits; Notices: Utility Statements. Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and licenses and give all necessary and incidental notices required for the lawful construction of the Public Improvements and performance of Developer's obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or license issued to Developer. Prior to commencing any work, Developer shall file a written statement with the City Clerk and the City Engineer, signed by Developer and each utility that will provide utility service to the Property, attesting that Developer has made all deposits legally required by the utility for the extension and provision of utility service to the Property.

2.3 Pre-approval of Plans and Specifications. Developer is prohibited from commencing work on any Public Improvement until all plans, specifications, estimates, and bonds for such Public Improvement have been submitted to and approved by the City Engineer, or his/her -2-
55842.00 I 00\45031333.1
authorized designee. Approval by the City Engineer shall not relieve Developer from ensuring that all Public Improvements conform with all other requirements and standards set forth in this Agreement.

2.4 Quality of Work; Compliance With Laws and Codes. The construction plans and specifications for the Public Improvements shall be prepared in accordance with all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements. The Public Improvements shall be completed in accordance with all approved maps, conditions, plans, specifications, standard drawings, and special amendments thereto on file with City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements applicable at the time work is actually commenced.

2.5 Standard of Performance. Developer and its contractors, if any, shall perfo1m all work required to construct the Public Improvements under this Agreement in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perfonn the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perf01m the work assigned to them, and that they shall have all licenses, permits, qualifications, and approvals of whatever nature that are legally required to perfonn the work, and that such licenses, permits, qualifications, and approvals shall be maintained throughout the term of this Agreement.

2.6 Alterations to Improvements. The Public Improvements in Exhibit "B" are understood to be only a general designation of the work and improvements to be done, and not a binding description thereof. All work shall be done and improvements made and completed as shown on the Map, approved plans and specifications, and any subsequent alterations thereto. If during the course of construction and installation of the Public Improvements it is determined that the public interest requires alterations in the Public Improvements, Developer shall undertake such design and construction changes as may be reasonably required by City, provided that (a) the alterations are consistent with the Map and any other applicable permits and (b) the improvements bear a clear nexus and are roughly proportion to the project implemented pursuant to the Map. Any and all alterations in the plans and specifications and the Public Improvements to be completed may be accomplished without giving prior notice thereof to Developer's surety for this Agreement.

2.7 Superintendence by Developer. Developer shall require each contractor and subcontractor to have a competent foreperson on the job at all times when that contractor or subcontractor, or any employee or agent thereof, is perfonning work on the Public Improvements.

Before starting work on the Public Improvements, each contractor and subcontractor shall submit in writing the name of the proposed foreperson, who shall be subject to the review and approval of City. Following approval by City, each foreperson shall be present at the work site at all times that any work is in progress and at any time that any employee of the contractor or subcontractor is present at the work site. The Developer shall employ a competent construction manager that is responsible for the entire work. Each contractor or subcontractor shall contractually report to the construction manager, either directly or through a subcontract. The construction manager shall be immediately available by phone during hours when construction is in progress and shall be available in person within two hours when requested by the City. The construction manager shall -3-
55842.00100\45031333.1
coordinate the work such that construction and the associated inspection happen in an efficient manner. Should a contractor or subcontractor desire to change its foreperson, it shall provide the infonnation specified above and obtain City's prior written approval. City, in its sole and absolute discretion, may require any contractor or subcontractor to replace its foreperson provided that City gives the contractor or subcontractor at least forty-eight hours written notice.

Developer shall, at all times, enforce strict discipline and good order among its employees and those of its subcontractors and shall not employ any unfit person or anyone not skilled in the assigned task. Jf any person employed by, the Developer, a contractor or subcontractor fails or refuses to carry out the directions of the City or appears to the City, in its sole and absolute discretion, to be incompetent or to act in a disorderly or improper manner, such person shall be removed from the project immediately upon request by the City, and such person shall not again be employed on the work. Such removal shall not be the basis for any claim of compensation or damages against the City.

In addition, Developer shall maintain an office with a telephone, and Developer or a person authorized to make decisions and to act on Developer's behalf in Developer's absence shall be available to be on the job within three (3) hours of being called at such office by the City, during the hours of 9:00 a.m. through 5:00 p.m., Monday through Friday, or any other day or time when work is being performed on the Public Improvements. Developer shall also provide City with a telephone number, at which Developer, or its representative, shall be available twenty-four (24) hours a day in the event of an emergency.

3.0 Maintenance of Public Improvements and Landscaping. City shall not be responsible or liable for the maintenance or care of the Public Improvements until City approves and accepts them. City shall exercise no control over the Public Improvements until accepted. Any use by any person of the Public Improvements, or any portion thereof, shall be at the sole and exclusive risk of Developer at all times prior to City's acceptance of the Public Improvements.

Developer shall maintain all the Public Improvements in a state of good repair until they are completed by Developer and approved and accepted by City, and until the security for the performance of this Agreement is released.

Maintenance shall include, but shall not be limited to: repair of pavement, curbs, gutters, sidewalks, traffic signals, parkways, water mains, and sewers; maintaining all landscaping in a vigorous and thriving condition reasonably acceptable to City; removal of debris from sewers and storm drains; and sweeping, repairing, and maintaining in good and safe condition all streets and street improvements. Developer shall cause the sweeping of streets to occur weekly at a minimum.

Developer shall perform additional street sweeping work as necessary depending on construction activities or as required by, and at the direction of, the City Engineer. It shall be Developer's responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by City. If Developer fails to properly prosecute its maintenance obligation under this Section, City may do all work necessary for such maintenance and the cost thereof shall be the responsibility of Developer and its surety under this Agreement.

City shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the Public Improvements or their condition prior to acceptance. -4-
55842.00100\45031333.1

3.1 Landscaping and Existing hTigation System . Developer shall plant and maintain parkway trees and landscaping as provided in Section 10-2.07 of the City Municipal Code, and as directed by the Public Facilities Department. The Developer shall also be responsible for the replacement, relocation or removal of any component of any irrigation water system in conflict with the construction or installation of the Public Improvements. Such replacement, relocation or removal shall be performed to the complete satisfaction of the City Engineer and the owner of such water system.

4.0 Construction Schedule. Unless extended pursuant to Section 4.1 of this Agreement, Developer shall fully and adequately complete or have completed the Public Improvements within forty-eight ( 48) months from the commencement of construction of any of the improvements authorized in conjunction with the Final Map. At least fifteen (15) days prior to the commencement of such work, Developer shall notify the City Engineer in writing of the date fixed by Developer for commencement of the work.

4.1 Extensions. Time is of the essence with regard to this Agreement. The City may, in its sole and absolute discretion, provide Developer with additional time within which to complete the Public Improvements. Requests for extension of time shall be in writing and shall be delivered to City in the manner hereinafter specified for service of notices. An extension of time, if any, shall be granted only in writing, and an oral extension shall not be valid or binding on City.

It is understood that by providing the security required by this Agreement, Developer and its surety consent in advance to any extension of time as may be given by City to Developer and waive any and all right to notice of such extension(s). Developer's acceptance of an extension of time granted by City shall constitute a waiver by Developer and its surety of all defenses of !aches, estoppel, statutes of limitations, and other limitations of action in any action or proceeding filed by City following the date on which the Public Improvements were to have been completed hereunder. In addition, as consideration for granting such extension to Developer, City reserves the right to review the provisions of this Agreement, including, but not limited to, the construction standards, the cost estimates approved by City, and the sufficiency of the improvement security provided by Developer, and to require adjustments thereto when warranted according to City's reasonable discretion.

4.2 Accrual of Limitations Period. Any limitations period provided by law related to breach of this Agreement or the terms thereof shall not accrue until Developer has provided the City Engineer with written notice of Developer's intent to abandon or otherwise not complete required or agreed upon Public Improvements.

5.0 Grading. Developer agrees that any and all grading done or to be done in conjunction with construction of the Public Improvements or development of the Property shall conform to all federal, state, and local laws, ordinances, regulations, and other requirements including, without limitation, City's grading regulations, the National Pollutant Discharge Elimination Systems (NPDES), and stormwater regulations thereunder as administered by the State Water Resources Control Board and Regional Water Quality Control Boards. In order to prevent damage to the Public Improvements by improper drainage or other hazards, the grading shall be completed in accordance with the time schedule for completion of the Public Improvements established by this Agreement, and prior to City's approval and acceptance of the Public Improvements and release of the Security as set forth in this Agreement. Developer further -5-
55842.00100\45031333.1
agrees that the indemnification as set fo1ih in this Agreement shall extend to and include any and all grading contemplated by this Agreement, including but not limited to, any partial or rough grading work.

6.0 Encroachment Permit. Developer shall obtain any necessary encroachment permits from the office of the City Engineer prior to start of any work within the public rights-of-way, approval of such permits not to be unreasonably withheld by the City, and the Developer shall conduct such work in full compliance with the regulations and other requirements contained therein. The Developer shall be responsible for the removal of all loose rock and other debris from the public rights-of-way resulting from work done on adjacent property or within said rights-of­ way. Work done within existing public rights-of-way shall be diligently pursued to completion with minimal obstruction or inconvenience to the public and pursuant to the tenns of the encroachment permit and any applicable federal, state or local laws, rules or regulations. The City shall have the right to complete any and all work in the event of unjustified delay in completion, and to recover all costs and expenses incurred from the Developer or its surety by any lawful means. Non-compliance with the terms of the encroachment permit or any applicable federal, state or local laws, rules or regulations may result in the City's cessation of the work and assessment of any applicable penalties or other remedies. Prior to, and as a condition precedent to, the issuance of any required encroachment permit(s), Developer shall provide to the City evidence satisfactory to the City of: (1) the ce1iificate(s), endorsement(s), or policy(ies) of insurance as required by this Agreement; and (2) any and all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the work.

7.0 Utilities. Developer shall assume all costs for and shall provide utility services, including water, sanitary sewer, power, gas, and telephone service to serve each parcel, lot, or unit of land within the Property in accordance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the regulations, schedules, and fees of the utilities or agencies providing such services. Except for commercial or industrial properties, Developer shall also provide cable television facilities to serve each parcel, lot, or unit of land in accordance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the requirements of the cable company possessing a valid franchise with City to provide such service within City's jurisdictional limits. All utilities shall be installed underground, unless otherwise approved by the City Council or the Planning Commission of the City, or by any other state or federal laws or regulations.

8.0 Fees and Charges. Developer shall, at its sole cost, expense, and liability, pay all fees, charges, and taxes arising out of construction of the Public Improvements, including, but not limited to fees for the checking, filing, and processing of improvement plans and specifications and for inspecting the construction of the Public Improvements. These fees must be paid in full prior to approval of improvement plans. The fees referred to above are not necessarily the only City fees, charges, or other costs that have been or will be imposed on the subdivision and its development, and this Agreement shall in no way exonerate or relieve Developer from paying such other applicable fees, charges, and/or costs.

9.0 City Inspection of Public Improvements. Developer shall, at its sole cost, expense, and liability, and at all times during construction of the Public Improvements, maintain reasonable and safe facilities and provide safe access for inspection by City of the Public Improvements and -6-
55842.00100\45031333.1
areas where construction of the Public Improvements is occurring or will occur. Public Work inspections shall be submitted online 2 workdays prior to starting work.

10.0 Acceptance of Improvements: As-Built or Record Drawings. If the Public Improvements are properly completed by Developer and approved by the City Engineer, and if they comply with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other requirements, the City Council shall accept the Public Improvements. The City Council may, in its sole and absolute discretion, accept fully completed portions of the Public Improvements prior to such time as all of the Public Improvements are complete, which shall not release or modify Developer's obligation to complete the remainder of the Public Improvements within the time required by this Agreement. Title to and ownership of the Public Improvements constructed under this Agreement shall vest absolutely in City upon completion and acceptance in writing of such Public Improvements by City. Issuance by City of occupancy permits for any buildings or structures located on the Property shall not be construed in any manner to constitute City's acceptance or approval of any Public Improvements. Notwithstanding the foregoing, City may not accept any Public Improvements unless and until Developer provides one ( 1) set of "as­ built" or record drawings or plans to the City Engineer for all such Public Improvements. The drawings shall be certified and shall reflect the condition of the Public Improvements as constructed, with all changes incorporated therein.

11.0 Default; Nofice: Remedie .

11.1 Notice. If Developer neglects, refuses, or fails to fulfill or timely complete any obligation, term, or condition of this Agreement, or if City determines there is a violation of any federal, state, or local law, ordinance, regulation, code, standard, or other requirement, City may at any time thereafter declare Developer to be in default or violation of this Agreement and make written demand upon Developer or its surety, or both, to immediately remedy the default or violation ("Notice"). Developer shall substantially commence the work required to remedy the default or violation within ten (10) days of the Notice. If the default or violation constitutes an immediate threat to the public health, safety, or welfare, City may provide the Notice verbally, and Developer shall substantially commence the required work within twenty-four (24) hours thereof.

Immediately upon City's issuance of the Notice, Developer and its surety shall be liable to City for all costs of construction and installation of the Public Improvements and all other administrative costs and expenses.

11.2 Failure to Remedy: City Action. ff the work required to remedy the noticed default or violation is not diligently prosecuted to a completion acceptable to City within the time frame contained in the Notice, City may complete all remaining work, arrange for the completion of all remaining work, and/or conduct such remedial activity as in its sole and absolute discretion it believes is required to remedy the default or violation. All such work or remedial activity shall be at the sole and absolute cost, expense, and liability of Developer and its surety, without the necessity of giving any further notice to Developer or surety. City's right to take such actions shall in no way be limited by the fact that Developer or its surety may have constructed any, or none, of the required or agreed upon Public Improvements at the time of City's demand for performance.

In the event City elects to complete or arrange for completion of the remaining work and improvements, City may require all work by Developer or its surety to cease in order to allow adequate coordination by City. Notwithstanding the foregoing, if conditions precedent for -7-
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reversion to acreage can be met and if the interests of City will not be prejudiced thereby, City may also process a reversion to acreage and thereafter recover from Developer or its surety the full cost and expense incurred.

11.3 Notice of Violation: Stop Work Ord r. If City determines that there is a violation of applicable federal, state or local laws, ordinances, regulations or other requirements, or the te1ms and conditions of this Agreement, the City and/or City Engineer may issue a Notice of Violation and Demand for Compliance and/or a Stop Work Order. The City may declare the Developer to be in default or violation of this Agreement and make written demand upon Developer or its surety, or both, to immediately remedy the default or violation. Developer shall comply with the Notice of Violation and/or Stop Work Order and shall substantially commence the work required to remedy the default or violation with the time specified in the Notice of Violation. If the default or violation constitutes an immediate threat to the public health, safety, or welfare, City and/or City Engineer may provide the Notice of Violation verbally, and Developer shall substantially commence the required work within twenty-four (24) hours thereof.

11.4 Other Remedies. No action by City pursuant to this Section of this Agreement shall prohibit City from exercising any other right or pursuing any other legal or equitable remedy available under this Agreement or any federal, state, or local law. City may exercise its rights and remedies independently or cumulatively, and City may pursue inconsistent remedies. City may institute an action for damages, injunctive relief, or specific performance.

11.5 Administrative Cost . If Developer fails to construct and install all or any part of the Public Improvements within the time required by this Agreement, or if Developer fails to comply with any other obligation contained herein, Developer and its surety shall be jointly and severally liable to City for all administrative expenses, fees, and costs, including reasonable attorney's fees and costs, incurred in obtaining compliance with this Agreement or in processing any legal action or for any other remedies permitted by law.

12.0 Warranty and Guarantee. Developer hereby warrants and guarantees all Public Improvements against any defective work or labor done, or defective materials furnished in the performance of this Agreement, including the maintenance of all landscaping within the Property in a vigorous and thriving condition reasonably acceptable to City, for a period of one (1) year following completion of the work and acceptance by City ("Warranty"). During the Warranty, Developer shall repair, replace, or reconstruct any defective or otherwise non-compliant portion of the Public Improvements, in accordance with the current ordinances, resolutions, regulations, codes, standards, or other requirements of City, and to the approval of the City Engineer. All repairs, replacements, or reconstruction during the Warranty shall be at the sole cost, expense, and liability of Developer and its surety. As to any Public Improvements which have been repaired, replaced, or reconstructed during the Warranty, Developer and its surety hereby agree to extend the Warranty for an additional one (1) year period following City's acceptance of the repaired, replaced, or reconstructed Public Improvements. Nothing herein shall relieve Developer from any other liability it may have under federal, state, or local law to repair, replace, or reconstruct any Public Improvement following expiration of the Warranty or any extension thereof. Developer's warranty obligation under this section shall survive the expiration or termination of this Agreement.
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13.0 Security.

13.1 Prior to the events identified below, Developer shall provide City with sufficient security in the amounts and under the tenns set forth below ("Security"). Nothing in this Section is intended to prevent City, in its sole discretion, from requiring Developer to submit, or prevent Developer from submitting, security in a form other than bonds that may be allowed under California Government Code Section 66499, et seq. and the City's Municipal Code, and acceptable to City. The amount of the Security shall be based on the City Engineer's approximation of the actual cost to construct the Public Improvements, including the replacement cost for all public landscaping ("Estimated Costs"). If City determines, in its sole and absolute discretion, that the Estimated Costs have changed, Developer shall adjust the Security in the amount requested by City. Developer's compliance with this Section shall in no way limit or modify Developer's indemnification obligation under this Agreement. Security shall be on forms approved by the City for the purposes and amounts as follows:

13.1.l Faithful Performance Bond. To guarantee the faithful performance of the Public Improvements and all the provisions of this Agreement, to protect City if Developer is in default as set forth in this Agreement, and to secure Developer's one-year guarantee and warranty of the Public Improvements, including the maintenance of all landscaping in a vigorous and thriving condition, Developer shall provide City security in the amount of FOUR MILLION Dollars ($$4,000,000), which sum shall be not less than one hundred percent ( I 00%) of the Estimated Costs, to be provided in the amount of $250,000 upon execution of this Agreement and to be provided as to the balance prior to the issuance of any building permit or grading permit. The City may, in its sole and absolute discretion, partially release a portion or portions of the security provided under this section as the Public Improvements are accepted by City, as provided herein, provided that Developer is not in default on any provision of this Agreement or condition of approval for the Map, and the total remaining security is not less than twenty-five percent (25%) of the Estimated Costs. All security provided under this section shall be released at the end of the Warranty period (as defined above), or any extension thereof as provided in this Agreement, provided that Developer is not in default on any provision of this Agreement or condition of approval for the Map.

13.1.2 Labor & Material Bond. To secure payment to the contractor and subcontractors, laborers, material men and other persons furnishing labor, materials, or equipment for performance of the Public Improvements and this Agreement, Developer shall provide City security in the amount of FOUR MILLION Dollars ($4,000,000), which sum shall not be less than one hundred percent (100%) of the Estimated Costs, to be provided in the amount of $250,000 upon execution of this Agreement and to be provided as to the balance prior to the issuance of any building permit or grading pennit. The security provided under this subsection shall be released as required by California Government Code section 66499.7.

13.1.3 Monument Bond. To guarantee payment by the Developer to the engineer or surveyor whose ce1tificate appears on the final map for the setting of all subdivision boundaries, lot corners and street centerline monuments, as well as the furnishing of all centerline tie notes to the City, prior to the City's execution of this Agreement, Developer shall provide City security in the amount of SEVENTEEN THOUSAND DOLLARS ($17,000). Said security shall -9-
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be released after receipt by the City of the centerline tie notes and written acknowledgment of payment in full from the engineer or surveyor.

13.2 Bond/Surety Requirements. The surety for any surety bonds provided as Security shall have a current A.M. Best rating of no less than A:VIII, shall be authorized to do business in the State of California, and shall be satisfactory to City. As part of the obligation secured by the Security and in addition to the face amount of the Security, Developer or its surety shall secure the costs and reasonable expenses and fees, including reasonable attorneys' fees and costs, incurred by City in enforcing the obligations of this Agreement. Developer and its surety stipulate and agree that no change, extension of time, alteration, or addition to the terms of this Agreement, the Public Improvements, or the plans and specifications for the Public Improvements shall in any way affect its obligation on the Security. 13 .3 Evidence and Incorporation of Security. Evidence of the Security shall be provided on the forms set forth in Exhibit "C," unless other forms are deemed acceptable by the City Engineer and the City Attorney, and when such fonns are completed to the satisfaction of City, the forms and evidence of the Security shall be attached hereto as Exhibit "C" and incorporated herein by this reference.

14.0 Lien. To secure the timely perforn1ance of Developer's obligations under this Agreement with respect to any obligations not previously secured or for which security has been refused or is in dispute, Developer hereby creates in favor of City a lien against all portions of the Property not dedicated to City or some other governmental agency for a public purpose. As to Developer's default on those obligations for which security has been provided pursuant to this Agreement, City shall first attempt to collect against such security prior to exercising its rights as a contract lienholder under this Section. Such lien shall be released upon the timely completion of all the Improvements.

15.0 Indemnification. Developer shall defend (with counsel reasonably satisfactory to the City Attorney), indemnify, and hold ha1mless City, its elected officials, officers, employees, agents, and volunteers from any and all actual or alleged claims, demands, causes of action, liability, loss, damage, or injury, to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or contractors in connection with or arising out of construction or maintenance of the Public Improvements, or performance of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments , awards, decrees, attorneys' fees, and related costs or expenses, and the reimbursement of City, its elected officials, officers, employees, and/or agents for all legal expenses and costs incurred by each of them. This indemnification excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death, which is caused solely and exclusively by the negligence or willful misconduct of City as determined by a court or administrative body of competent jurisdiction. Developer's obligation to indemnify shall survive the expiration or tennination of this Agreement and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, officers, employees, agents, or volunteers.
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16.0 Insurance.

16.1 Time for Compliance. Developer shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Developer shall not allow any contractor to commence work on any contract until it has provided evidence satisfactory to the City that the contractor has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.

16.2 Types of [nsurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Developer, in paitial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Developer agrees to amend, supplement or endorse the policies to do so.

16.2.1 Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $2,000,000 per occurrence and no less than $4,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits.

The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another ( cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the tenns or purposes of this Agreement.

16.2.2 Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1 ), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $2,000,000 combined limit for each occurrence.

16.2.3 Workers' Campen ation: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.

16.3 Insurance Endorsement . Required insurance policies shall contain the following provisions, or Developer shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:

16.3.1 Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the perfonnance of the Agreement. Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Developer; or ( 4) contain any other exclusions contra1y to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Developer shall provide endorsements in the fonn ofISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until -11-
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a thirty (30) day written notice of cancellation has been served upon the City except ten ( 10) days shall be allowed for non-payment of premium.

16.3.2 Automobile Liability: (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten ( 10) days shall be allowed for non-payment of premium.

16.3.3 Workers' Compensation: (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten ( 10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.

16.4 Primary and Non-Contributing Insmance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

16.5 Waiver of Subrogatjon. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Developer or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Developer hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its contractors.

16.6 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention. The City shall not unreasonably withhold approval of any deductible or self-insurance.

16.7 Evidence oflnsurance. The Developer, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Developer shall, within ten ( 10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. -12-
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16.8 Acceptabi1ity of Insurer . Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

16.9 Enforcement of Agreement Provisions (non cstoppel). Developer acknowledges and agrees that actual or alleged failure on the part of the City to inform Developer of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.

16.10 Requfrements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.

16. 1 1 Additional Insurance Provisions

16.11.1 The foregoing requirements as to the types and limits of insurance coverage to be maintained by Developer, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Developer pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.

16.11.2 If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Developer.

16.11.3 The City may require the Developer to provide complete copies of all insurance policies in effect for the duration of the Project.

16.11.4 Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.

I 6.11.5 The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

Further the limits set forth herein shall not be construed to relieve the Developer from liability in excess of such coverage, nor shall it limit the Developer's indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.

16.11.6 Developer shall report to the City, in addition to Developer's insurer, any and all insurance claims submitted by Developer in connection with this Agreement.

17.0 Force Majeure. Developer's failure to (i) complete the Work as provided in this Agreement, including any extensions of that time, or (ii) timely perform any other obligation under this Agreement shall be excused if the cause of that failure is an event or events beyond the -13-
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commercially reasonable control of Developer (a "Force Majeure Event"). Force Majeure Events include, but are not limited to, war, instmection, acts of civil disobedience, strikes, lockouts, riots, floods, earthquakes, fires, casualties, epidemics, quarantine restrictions, freight embargoes, damage to public infrastructure, governmental restrictions, shortages of labor, materials, equipment, or tools, recession, extreme weather conditions. An extension of time due to a Force Majeure Event shall be for a period equal to the duration of the Force Majeure Event.

18.0 Signs and Advertising. Developer understands and agrees to City's ordinances, regulations, and requirements governing signs and advertising structures. Developer hereby agrees with and consents to the removal by City of all signs or other advertising structures erected, placed, or situated in violation of any City ordinance, regulation, or other requirement. Removal shall be at the expense of Developer. Developer shall indemnify and hold City free and hannless from any claim or demand arising out of or incident to signs, advertising structures, or their removal.

19.0 Relationship Between the Parties. The Parties hereby mutually agree that neither this Agreement, any map related to the Property, nor any other related entitlement, permit, or approval issued by City for the Property shall operate to create the relationship of partnership, joint venture, or agency between City and Developer. Developer's contractors and subcontractors are exclusively and solely under the control and dominion of Developer. Nothing herein shall be deemed to make Developer, its contractors, or its subcontractors an agent, contractor or subcontractor of City.

20.0 General Provisions.

20.1 Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

20.2 Cooperation: Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.

20.3 Construction: References: Captions. It being agreed the Parties or their agents have participated in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days, or pe1iod for performance shall be deemed calendar days and not work days. All references to Developer include all personnel, employees, agents, and contractors and subcontractors of Developer, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

20.4 Notices. All notices to be given hereunder shall be in writing and may be made either by personal delivery or by registered or certified mail, postage prepaid, return receipt requested. Mailed notices shall be addressed to the parties at the addresses listed below, but each party may change the address by written notice in accordance with this Section. Notices delivered -14-
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personally will be deemed communicated as of actual receipt; mailed notices will be deemed communicated as of two (2) days after mailing.

CITY:

City of Laguna Niguel
Public Works Department
30111 Crown Valley Parkway
Laguna Niguel, CA 92675
Attn: City Engineer
DEVELOPER:

Burnham Ward Partners. LLC
860 Newport Center Drive. Suite I 00
Newport Beach. CA 92660
Attn: Bryon Ward
SRG LNTC Pa1tners. L.P.
3501 Jamboree Road, Suite 3000
.Newport Beach. CA 92660
Attn: Chris Payne

20.5 Amendment: Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

20.6 Entire Aitreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements, either written or oral, express or implied. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

20. 7 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties, and shall not be assigned by the Developer without the prior written consent of the City.

20.8 Waiver. City's failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City's waiver of any breach of this Agreement, shall not relieve Developer of any of its obligations under this Agreement, whether of the same or similar type. The foregoing shall be true whether City's actions are intentional or unintentional. Developer agrees to waive, as a defense, counterclaim or set off, any and all defects, irregularities or deficiencies in the authorization, execution or performance of the Public Improvements or this Agreement, as well as the laws, rules, regulations, ordinances or resolutions of City with regards to the authorization, execution, or performance of the Public Improvements or this Agreement.

20.9 Assignment or Transfer of Agreement. Developer shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null and void, and any assignee, hypothecate, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer. Unless specifically stated to the contrary in City's written consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from -15-
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any duty or responsibility under this Agreement. In the event that City consents in writing to such an assignment, any assignee, hypothecate, or transferee shall expressly assume Developer's obligations hereunder by a written agreement in a fom1, and containing such security, as is reasonably acceptable to City.

The agreement, hypothecation, or transfer shall be to the satisfaction of the City Attorney and shall include provisions requiring the assignee to post bonds or submit another form of financial security, satisfactory to City and approved by the City Attorney, to guarantee construction of the Public Improvements. The agreement shall survive the recordation of the Final Map and shall be recorded against each of the proposed lots to infom1 successors and assigns of the required Public Improvements to be constructed and their time frame for construction.

Following any pennitted assignment, hypothecation, or transfer of the Public Improvements as set forth in this Section, City shall release Developer from its obligations so assigned and shall release to Developer any bonds or other security posted to secure the Public Improvements so assigned; provided, however, that City shall not release any security or undertakings given to secure the performance of any of the Public Improvements not assigned, hypothecated, or transferred.

Notwithstanding anything to the contrary, and subject to City's consent, not to be unreasonably withheld, Developer shall be permitted to assign hypothecate, or transfer this Agreement or any interest herein to an affiliated party, including any other owner of any interest in the Developer, where the management and operational control of the project implemented pursuant to the Map remains unchanged ("Permitted Transfer").

20.10 Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns. This Section shall not be construed as an authorization for any Party to assign any right or obligation.

20.11 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.

20.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

20.13 Consent to Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties' activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of Orange, California. Each Party waives the benefit of any provision of state or federal law providing for a change of venue to any other court or jurisdiction including, without limitation, a change of venue based on the fact that a governmental entity is a party to the action or proceeding, or that a federal right or question is involved or alleged to be involved in the action or proceeding . -16-
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20.14 Acquisition and DedicatioD of Easements or Rights-of-Way. If any of the Public Improvements required by this Agreement are to be constructed on land not within the subdivision or an already-existing public right-of-way, no construction or installation shall be commenced before:

20.14.1 The irrevocable offer of dedication or conveyance to City of appropriate rights-of-way, easements, or other interests in real property, and appropriate authorization from the property owner to allow construction or installation of the Public Improvements or work; or

20.14.2 The issuance of an order of possession by a court of competent jurisdiction pursuant to California's Eminent Domain Law. Developer shall comply in all respects with any such order of possession.

Nothing in this paragraph shall be construed as authorizing or granting an extension of time to Developer for completion of the Public Improvements.

20.15 Prevailing Wages. Developer has been alerted to the requirements of California Labor Code sections 1720 et seq. and I 770 et seq., which require the payment of prevailing wage rates and the perfonnance of other requirements if it is determined that this Agreement constitutes a public works contract. The City has identified that the Public Improvements are a public work under Labor Code sections 1 720 et seq. and 1770 et seq. It shall be the sole responsibility of Developer to pay prevailing wages for any or all work required by this Agreement, and to comply with the requirements of Labor Code sections 1720 et seq. and 1770 et seq. As a material part of this Agreement, Developer agrees to assume all risk of liability arising from any decision not to pay prevailing wages for work required by this Agreement. Developer represents and warrants that it shall comply with Labor Code sections 1720 et seq. and 1770 et seq. where required by law ..

20.16 Counterpa1ts. This Agreement may be executed in counterpart originals, which taken together, shall constitute one and the same instrument. [SIGNATURE PAGE FOLLOWS]
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CITY OF LAGUNA NIGUEL
By: ---------------City Manager
APPROVED AS TO FORM:

By:

Scott C. Smith, Esq., City Attorney
ATTEST:

By: - - - ------ ------Marissa Asistin
City Clerk

LAGUNA NIGUEL TOWN CENTER
PARTNERS, LLC, a California limited
liability company
BY: BURNHAM WARD PROPERTIES,
LLC, a California limited liability
company
By: ------- - ---- ---Signature
Print Name
Title
BY: SRG LNTC PARTNERS, L.P., a
Delaware limited partnership
BY: SRG INVESTORS, LLC, a
Delaware limited liability company
Signature
Print Name
Title
The following persons, as owners in fee of the Property, hereby consent to this Agreement:

FEE OWNER (CONSENT)
COUNTY OF ORANGE , a political
subdivision of the State of California
By: ----- ----- - ----Thom as A. Miller
Chief Real Estate Officer
Per Minute Order dated December 2,
2025
APPROVED AS TO FORM:

FEE OWNER (CONSENT)

ORANGE COUNTY FIRE AUTHORITY
By: -------- ---- ---Signature
Print Name
Title
By: _______ _ _ ___ _ _
County Counsel
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NOTE: DEVELOPER'S AND SURETY'S SIGNATURES SHALL BE DULY

NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE

INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF

INCORPORATION, OR OTHER RULES OR REGULATIONS
APPLICABLE TO DEVELOPER'S BUSINESS ENTITY.
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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 ____ _____ _
)
)
On _____ ____ _ before me,-- -------- ---~ Notary Public, 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)
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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 _________ _
)
)
On _______ before me, ____ _______ __ __, Notary Public, 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)
-21-
55842.00100\45031333.1
EXHIBIT "A"

LEGAL DESCRIPTION OF PROPERTY
TRACT NO. 19024 - - -----
[***INSERT LEGAL DESCRIPTION OR ATTACH BEHIND THIS PAGE***] A-1
55842.00 I 00\45031333.1
EXHIBIT "B"

LIST OF PUBLIC IMPROVEMENTS
TRACT NO. 19024
Developer shall perform all work and furnish all materials necessary, in the opinion of the City Engineer and on his/her order, to complete the following Public Improvements in accordance with the plans and specifications on file with City or with any changes required or ordered by the City Engineer which, in his/her opinion, are necessary or required to complete this work.

Developer is required to perfonn the following Public Improvements under this Agreement:

Public Improvements:

Off-Site Street Improvements and On-Site Public Storm Drain Improvements - Including, but not limited to, all grading, roads, paving, curbs and gutters, driveways, raised medians, pathways, sidewalk, storm drains, sanitary sewers, utilities, drainage facilities, water quality systems, walls, traffic signals, traffic controls, planting, landscaping, irrigation, street lights, and all other reg uired facilities.

The Public Improvements do not include any improvements within the boundaries of Lots 1, 2, 3, 4, 5, 6, 7, and D of Tract Map No. 19024, except for the on-site public storm drain improvements to be dedicated to the City.
8-1
55842.00100\45031333.1
EXHIBIT "C"

SURETY BONDS AND OTHER SECURITY
TRAC:f NO. 19024
As evidence of understanding the provisions contained in this Agreement, and of Developer's intent to comply with same, Developer has submitted the below described security in the amounts required by this Agreement, and has affixed the appropriate signatures thereto:

FAITHFULPERFORMANCE BOND: $
Surety: ______ ________ ____ _
Attorney-in-fact: _ _________ ____ _
Address: ------ --------- ---
LABOR & MATERIAL BOND:

Surety: _________ ____ ____ _ _
Attorney-in-fact: _______ ____ ___ _
Address: ______ _______ ____ _
MONUMENT BOND: $
Surety: __________________ _
Attorney-in-fact: _____________ _ _
Addres : ________ _____ ____ _
BBK03/2 026

IMPROVEMENT SECURITY

FAITHFUL PERFORMANCE BOND
WHEREAS, the City of Laguna Niguel, a municipal corporation (hereinafter the "City"), and __________ ____ , a ---- - --~ (hereinafter designated as "Principal") have entered into an Agreement whereby Principal agrees to install and complete certain designated public improvements, which Agreement, dated _____ ___ _, and identified as project ___________ is hereby refened to and made a part hereof; and WHEREAS, under the tenns of the Agreement, Principal is required, before entering upon the performance of the work, to provide a good and sufficient bond for performance of the Agreement, and to guarantee and wananty the improvements constructed thereunder.

NOW, THEREFORE, Principal and _______ ______ ("Surety"), a corporation organized and existing under the laws of the State of ____ __ , and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City in the sum of ________________ Dollars ($ ), said sum being not less than one hundred percent ( 100%) of the total cost of the improvements as set forth in the Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such, that if Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, agreements, guarantees, and warranties in the Improvement Agreement and any alteration thereof made as therein provided, to be kept and perfom1ed at the time and in the manner therein specified and in all respects according to their intent and meaning, and to indemnify and save hannless City, its officers, employees, and agents, as stipulated in the Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As part of the obligation secured hereby, and in addition to the face amount specified therefor, 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.

Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the tenns of the Agreement, or to any plans, profiles, and specifications related thereto, or to the improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition.

This bond is executed and filed to comply with Section 66499 et seq., of the California Government Code as security for perfonnance of the Agreement.

BBK03/2026
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety on _________ _
(Corporate Seal)
Principal
By _ _______ _____ _
Title _______ ______ _
(Corporate Seal)
Surety
By ______ ____ _ ___ _
(Attorney-in-Fact)
(Attach Attorney-in-Fact Certificate) Title ______ ______ _ _ (Attach Notary Acknowledgment)
The rate of premium on this bond is _____ per thousand. The total amount of premium charges is$ __________ ___ _
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety
and Agent or Representative for
service of process in California)
APPROVED AS TO FORM :

Scott C Smith, Esq.

City Attorney, City of Laguna Niguel
55842.001 00\45031333. 1
C-1
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 ---------
On _ _________ before me, ____ _________ __, Notary Public, 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 PERWRY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
[SEAL]
Signature ___________ _ ____ _
C-2
55842.00100\45031333.1
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 ________ _
)
)
On _________ before me, ____________ __, Notary Public, 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)
C-3
55842.00100\45031333.1

IMPROVEMENT SECURITY

MONUMENTATION BOND
WHEREAS, the City of Laguna Niguel, a municipal corporation of the State of California (hereinafter called "City"), and ______ _____ (hereinafter designated as "Principal") have entered into an Agreement whereby Principal agrees to install and complete certain monumentation, which said Agreement, dated-- -------~ and identified as project _______ _________ is hereby referred to and made a part hereof; and WHEREAS, Principal is required by the Agreement to provide a good and sufficient bond to insure the setting of the monuments as required therein and payment to the Engineer or Surveyor who sets such monuments thereunder.

NOW, THEREFORE, Principal and _ ____ ______ _ ("Surety"), a corporation organized and existing under the laws of the State of _____ ______ , and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City in the penal sum of ______ Dollars ($ ____ ), said sum being not less than one hundred percent ( 100%) of the total cost of the setting of monuments as set forth in the Agreement and payment due to the Engineer or Surveyor for setting such monuments, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, finnly by these presents.

THE CONDITION OF THIS OBLIGATION is such that if Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, agreements, guarantees, and warranties for the setting of survey monumentation in the Agreement and any alteration thereof made as therein provided, to be kept and performed at the time and in the manner therein specified and in all respects according to their intent and meaning, and to indemnify and save harmless City, its officers, employees, and agents, as stipulated in the Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As part of the obligation secured hereby, and in addition to the face amount specified therefor, 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.

Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the tern1s of the Agreement, or to any plans, profiles, and specifications related thereto, or to the improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition.

This bond is executed and filed to comply with Section 66496 of the California Government Code as security for installation and payment of survey monumentation as set forth in the Agreement.

C-4
55842.00100\45031333.1
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety on ___________ _
(Corporate Seal)
(Corporate Seal)
(Attach Attorney-in-Fact Certificate)
(Attach Notary Acknowledgment)
Principal
By _________ ____ _
Title. _____ _ _ _____ _ _
Surety
By ______________ _
(Attorney-in-Fact)
Title -------- ------
The rate of premium on this bond is _____ per thousand. The total amount of premium charges is$ ------- -------
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety
and Agent or Representative for
service of process in California)
APPROVED AS TO FORM:

Scott C Smith, Esq.

City Attorney, City of Laguna Niguel
55842.00 I 00\45031333 .1
C-5
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 ______ ___ _
)
)
On ________ __ before me,------ ----- --~ Notary Public, 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)
C-6
55842.00 I 00\45031333.1
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 trntbfulness, accuracv, or validit-v of that document.

STATE OF CALIFORNIA
COUNTY OF _________ _
)
)
On _____ ____ before me, _____ _______ __, Notary Public, 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)
C-7
55842.00100\45031333.1

IMPROVEMENT SECURITY

LABOR AND MATERIAL BOND
WHEREAS, the City of Laguna Niguel, a municipal corporation (hereinafter the "City"), and _______ ___ , a ________ . (hereinafter designat~d as "Principal") have entered into an Agreement whereby Principal agrees to install and complete certain designated public improvements, which Agreement, dated _______ ___,, and identified as project _ ___________ ___ is hereby referred to and made a part hereof; and WHEREAS, under the tenns of the Agreement, Principal is required, before entering upon the performance of the work, to file a good and sufficient payment bond with the City to secure the claims of which reference is made in Title 3 ( commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California.

NOW THEREFORE, we, said Principal and the undersigned corporate Surety (hereafter designated as "Surety"), are held firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the perfmmance of the Agreement and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of$ _ ____ , for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that Surety will pay the same in an amount not exceeding this amount set forth. If suit is brought on this bond, Surety will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing the obligation, to be awarded and fixed by the Court, to be taxed as costs, and to be included in the judgment rendered.

It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 ( commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

If the condition of this bond is fully perfom1ed, then the obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or the specifications accompanying the Agreement shall in any manner affect its obligations on this bond. The Surety hereby waives notice of any such change, extension, alteration or addition.

C-8
55842.00100\45031333.1
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety on __________ _
(Corporate Seal)
Principal
By _______ ______ _
Title _________ ____ _
(Corporate Seal)
Surety
By _____ _______ _ _
(Attorney-in-Fact)
(Attach Attorney-in-Fact Certificate) Title. _______ ______ _ (Attach Notary Acknowledgment)
The rate of premium on this bond is _____ per thousand. The total amount of premium charges is$ _ _____ _______ _
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety
and Agent or Representative for
service of process in California)
APPROVED AS TO FORM:

Scott C Smith, Esq.

City Attorney, City of Laguna Niguel
55842.00100\45031333.1
C-9
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 ---------
On __________ before me, _____ ________ __, Notary Public, 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.
[SEAL]
Signature _ __________ _____ _
C-10
55842.00100\45031333.1
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 _____ ____ _
)
)
On _________ _ before me, _______ ______ _, Notary Public, 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)
C-11
55842.00100\45031333.1

ATTACHMENT D
Reciprocal Access Easement Agreement

OFFICIAL BUSINESS
Document entitled to free
recording per
Government Code Section 6103

RECORDING REQUESTED

BY AND PLEASE RETURN
TO:

County Clerk-Recorder
County of Orange
601 N. Ross St.

Santa Ana, CA 92701
APN: 656-242-17, 656-242-18

SPACE ABOVE THIS LINE FOR RECORDER'S USE
Address: 30111-30341 Crown Valley Parkway, Laguna Niguel, CA 92677

RECIPROCAL ACCESS EASEMENT AGREEMENT
This Reciprocal Access Easement Agreement ("Agreement"), is made and entered into as of ______ . 2026 ("Effective Date"), by and between the CITY OF LAGUNA NIGUEL, a California municipal corporation ("City"), and the COUNTY OF ORANGE, a political subdivision of the State of California ("County"). City and County may be referred to herein individually as a "Party" and collectively, as the "Parties."

RECITALS
A. City is the fee owner of that certain real property located in the City of Laguna Niguel, County of Orange, State of California, more particularly described in Exhibit A attached hereto and incorporated herein (the "Civic Center Property").

B. County is the fee owner of that certain real property located in the City of Laguna Niguel, County of Orange, State of California, more particularly described in Exhibit B attached hereto and incorporated herein (the "County Property").

C. Access over, across, and upon a portion of the Civic Center Property and the County Property is required to facilitate the approved development as identified on Vesting Tentative Tract Map No. 19024 (the "Development") and approved by the City.

D. As a condition of approval of Vesting Tentative Tract Map No. 19024 and prior to approval of Final Map No. 19024, (the "Final Map") the City requires the recordation of a reciprocal access easement with respect to portions of the Civic Center Property and County Property.

E. The Parties desire to enter into this Agreement to satisfy the condition of approval.

NOW, THEREFORE, for good and valuable consideration, the Parties hereby declare as follows:
080782\19468038vl
I.

2. 3.

Grant of Easement to CoLmty. City hereby grants to County, its invitees, employees, agents, contractors, subcontractors, consultants, licensees, lessees and the general public ( collectively, "County Parties") a perpetual, non-exclusive access easement ("County's Easement") for vehicular and pedestrian ingress and egress over, across, and upon that portion of the Civic Center Property more particularly described and depicted in Exhibit C attached hereto (the "County's Easement Area"). The County's Easement Area may be used for vehicular and pedestrian access to and from the County Property at all times. Nothing herein shall be deemed a transfer of ownership of the Civic Center Property; fee title shall remain with City ( or its successors), subject to the easement rights granted herein.

Grant of Easement to City. County hereby grants to City, its invitees, employees, agents, contractors, subcontractors, consultants, licensees, lessees and the general public ( collectively, "City Parties") a perpetual, non-exclusive access easement ("City's Easement") for vehicular and pedestrian ingress and egress over, across, and upon that portion of the County Property more particularly described and depicted in Exhibit D attached hereto (the "City's Easement Area"). City's Easement Area may be used for vehicular and pedestrian access to and from the Civic Center Property at all times, but shall not allow for City Hall parking, and County or any of its licensees or lessees may adopt reasonable rules and regulations relating to use of City's Easement Area, including without limitation to enforce the restriction on City Hall parking. Nothing herein shall be deemed a transfer of ownership of the County Property; fee title shall remain with County ( or its successors), subject to the easement rights granted herein.

Non-Exclusive Use. The easements granted herein are non-exclusive. City and County, and their respective successors and assigns retain the right to use, improve, alter, and/or modify the improvements within the County's Easement Area and the City's Easement Area, respectively, in any manner that does not unreasonably interfere with the easement rights granted in this Agreement. City and County may adopt reasonable rules governing hours of operation, traffic circulation, safety, and parking on their respective parcels provided such rules do not materially impair or impede access as contemplated by this Agreement.

4. Maintenance. County or any of its licensees or lessees, as may be required by separate agreement between the County and its licensee or lessee, shall reasonably maintain the City's Easement Area in good order, condition, and repair and in compliance with all applicable laws. City or any of its licensees or lessees, as may be required by separate agreement between the City and its licensee or lessee, shall reasonably maintain the County's Easement Area in good order, condition, and repair and in compliance with all applicable laws. County may temporarily restrict access to some 2 080782\19468038vl

5. 6.
or all of the City's Easement Area to the extent required to perform maintenance, inspections, or monitoring. City may temporarily restrict access to some or all of the County's Easement Area to the extent required to perform maintenance, inspections, or monitoring . Each Party shall provide the other Party advanced written notice no less than thirty (30) days prior to any maintenance work requiring closure of travel lane(s), except in the event of emergency.

Covenant for Public Access Runs with the Land. City and County's respective grant of rights under the Agreement, and all terms, covenants, and conditions herein contained, shall run with the land and be binding upon and inure to the benefit of the Parties and each of their respective successors and assigns.

Subject to Matters of Record or Apparent. In addition to the terms and conditions set forth in this Agreement, the County's Easement and City's Easement hereunder are subject to all easements, covenants, conditions, restrictions, reservations, rights and rights-of-way ofrecord or apparent or of which the Parties have actual notice.

7. Notice. Any notices required or permitted hereunder shall be in writing and shall be served on the Parties at the addresses set forth below. Each such notice shall be either sent by: (a) overnight delivery using a nationally recognized overnight courier, in which case notice shall be deemed delivered upon receipt or refusal of delivery; (b) facsimile, in which case notice shall be deemed delivered upon confirmation of transmission of such notice during normal business hours of the recipient; or ( c) personal delivery, in which case notice shall be deemed delivered upon receipt or refusal of delivery. A Party's address may be changed by written notice to the other Parties, provided, however, that no notice of a change of address shall be effective until actual receipt of such notice. Notice given by counsel shall be deemed given by the Party represented by such counsel.

If to City: City of Laguna Niguel
30111 Crown Valley
Laguna Niguel, CA 92677
Attn: Community Development Director
Public Works Director
Ifto County: County Executive Office, Real Estate Services 400 W. Civic Center Dr., 5th Floor
Santa Ana, CA 92701
Attn: Chief Real Estate Officer
With Copy to: Laguna Niguel Town Center Partners, LLC
3501 Jamboree Road, Suite 300
Newport Beach, CA 92660
Attn: Chris Payne
3 080782\19468038vl

8. Termination. This Agreement shall terminate in the event that City and/or County grants consent to termination, or in the event that all or a material portion of the County's Easement Area and the City's Easement Area is damaged or destroyed by a fire, earthquake, explosion, tornado, flood, or hurricane or other casualty ( each, a "Casualty"), and County's Easement Area and City's Easement Area are completely demolished following the Casualty and not reconstructed. In the event of termination of this Agreement, City and County shall promptly execute, acknowledge, and record in the County Records, a quitclaim or notice of termination of the Agreement.

9. Indemnity.
a. City shall indemnify, defend (with counsel approved in writing by County) and hold County, its elected and appointed officials, officers, agents, employees, contractors, subcontractors, consultants, licensees, lessees, invitees, and those special districts and agencies which County's Board of Supervisors acts as the governing board ( collectively, "County lndemnitees") harmless from and against any and all claims, demands, suits, losses, costs, liabilities, penalties, damages, and expenses suffered or incurred by City arising out of or in connection with the (i) use of the City's Easement Area by City Parties, or (ii) any entry onto, or activity by, or on behalf of, the City Paiiies on the City's Easement Area, except, in each instance, to the extent caused by the negligence or willful misconduct of County or County lndemnitees.
b. County shall indemnify, defend (with counsel approved in writing by City) and hold City, its elected and appointed officials, officers, agents, employees, contractors, subcontractors, consultants, licensees, lessees, and invitees ( collectively, "City lndemnitees") harmless from and against any and all claims, demands, suits, losses, costs, liabilities, penalties, damages, and expenses suffered or incurred by County arising out of or in connection with the (i) use of the County's Easement Area by County Parties, or (ii) any entry onto, or activity by, or on behalf of, the County Parties on the County's Easement Area, except, in each instance, to the extent caused by the negligence or willful misconduct of City or City Indemnitees.

10. Miscellaneous .
080782\19468038vl
a. Captions and Headings. The captions and headings of this Agreement are inserted only as a matter of convenience and for reference. They do not define, limit, or describe the scope or intent of this Agreement and they shall not affect the interpretation hereof.
4 080782\19468038vl
b. Exhibits. Each of the exhibits referenced in this Agreement is attached hereto and incorporated herein.
c. Amendment. This Agreement may be amended only by a written instrument executed by the Parties hereto or their successors and assigns and only with the prior written consent of each Party.
d. Attorneys' Fees. In the event that either Party shall institute an action or proceeding against any other Party hereto to enforce, interpret, or seek damages for breach of any of the tenns, provisions, or conditions of this Agreement, each Party shall bear its own costs, including but not limited to attorneys' fees and costs.
e. Governing Law. This Agreement shall be construed and governed m accordance with the laws of the State of California.
f. No Partner hip, Co-Venture, or Principal-Agent Relationship. Nothing in this Agreement is intended to or does establish the Parties hereto as partners, coventurers, or principal and agent with one another.
g. Counterparts. This Agreement may be executed in counterparts, each of which shall constitute an original, and all of which together shall constitute one and the same instrument.
h. Not a Tran fer / Gift. Except as expressly provided herein, nothing herein contained shall be deemed to be a gift or transfer of the County's Easement Area to County or any other portion of City's Property to County, nor of the City's Easement Area to City or any other portion of the County's Property to City; it being the intention of the Parties that this Agreement shall be limited to and for the purposes herein expressed.

1. Waiver; Remedies . No delay on the part of any Party hereto in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the pa11 of any Party hereto of any right, power or privilege hereunder operate as a waiver of any other right, power or privilege hereunder, nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder.

J. No Third-Party Beneficiaries. No person or entity other than the Parties to this Agreement shall be deemed to be a third party beneficiary hereof, and nothing in this Agreement, either express or implied, is intended to confer upon any 5 080782\19468038vl
person or entity, other than the Parties to this Agreement ( and their respective successors and assigns), any rights, remedies, obligations or liabilities under or by reason of this Agreement.
k. Severability. If any provision of this Agreement, or the application thereof to any person, place, or circumstance, shall be held by a court of competent jurisdiction to be invalid, unenforceable or void, the remainder of this Agreement and such provisions as applied to other persons, places and circumstances shall remain in full force and effect.

1. Entire Agreement. Except for other easements and dedications granted in the Final Map for the Development, this Agreement, including the exhibits attached hereto which are incorporated herein by this reference, contains the entire agreement between the Parties relating to the access rights granted herein and the obligations herein assumed. Any oral representations or modifications concerning this Agreement shall be of no force or effect except a subsequent modification in writing, signed by the Party to be charged. m. Relationsl1ip to CC&Rs. This Agreement is supplemental to and independent of any covenants, conditions, and restrictions recorded for Tract No. 19024.

Nothing in such covenants, conditions, or restrictions shall be interpreted or applied in a manner that limits, impairs, or extinguishes the access rights granted herein.
[Remainder of page intentionally left; signatures appear on following page.} II
II
6 IN WITNESS WHEREOF, the Parties hereto have duly executed this Agreement as of the day and year first above written.

APPROVED AS TO FORM :

By:

City Attorney
APPROVED AS TO FORM:

By:

Deputy County Counsel
S-1
080782\19468038vl
"CITY"

CITY OF LAGUNA NIGUEL,
a California charter city and municipal
corporation
By:

Tamara Letourneau
City Manager
Date: _____ ________ _
"COUNTY"

COUNTY OF ORANGE,
a political subdivision of the State of California
By:

Thomas A. Miller
Chief Real Estate Officer
Per Minute Order dated December 2,
2025
Date: _ _______ ____ _ _

ST A TE OF CALIFORNIA

COUNTY OF ORANGE
)
)
)
On ___ _ ____ , 20_, before me, _____ _________ , a Notary Public, 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.
(SEAL)

STATE OF CALIFORNIA

COUNTY OF ORANGE
)
)
)
Notary Public
On ________ . 20_, before me, ------- ----- --~ a Notary Public, 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 instmment 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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Notaiy Public
(SEAL)
N-1
080782\19468038vl

EXHIBIT A

LEGAL DESCRIPTION OF CIVIC CENTER PROPERTY AND PLAT
080782\19468038vl
THAT PORTJO OF THE RA Cl:IO NIGUEL, IN THE CITY OF CITY LAGUNA NIGUEL , COUNTY OF ORANGE , STATE OF CALIFOR. IA, AS SHOWN ON A MAP RECORDED JU E 30, 1877. IN BOOK 2, PAGE(S) 230 AND 231 OF

PATENTS, RECORDS OF LOS ANGELES COUNTY , CALIFORNIA ,
DESCRIBED AS FOLLOWS:

BEGINNlNG AT A POINT IN TIIE CENTERLINE OF CROWN VALLEY PARKWAY 104.00 FEET WIDE, DISTA NT ALONG SAID CENTERLINE SOUTH 44°35'56" WEST 389 .00 FEET FROM THE INTERS ECTION O.F SAID CENTERLrNE WfTH THE CENTERLINE OF HILLHU RST DRIVE AS SHOWN ON A MAP OF TRACT NO. 4979 , FILED IN BOOK 191, PAGE(S) 8 THROUGH 10, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY ;
T!fENCE AT RIGHT ANGLES TO SAID CENTERLINE Of CROWN VALLEY PARKWAY NORTH 45° 24' 04" WEST 52 .00 FEET TO A POINT IN THE NORTHWESTERLY RIGHT Of WAY LINE OF SAID CROWN VALLEY
PARKWAY;

THENCE ALONG SAID NORTHWESTERLY RJGHT OF WAY LINE
NORTH 44° 35' 56" EAST 395.97 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUI 'G ALONG SAID NORTHWESTERLY RrGHT OF WAY

1.,1 E NORTH 44° 35' 56" EAST 400 .00 FEET TO THE SOUTHEASTERLY TERMINUS OF THAT CERTAIN COURSE SHOWN AS "S8°31 '52"E 40 .00'" ON A MAP FILED IN BOOK 87. PAGE 11 OF RECORDS OF SURVEY , IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;

THENCE ALONG THE BOUNDARY OF THAT CERTAIN PARCEL SHOWN ON SAID MAP THE FOLLOWING COURSES;
NORTH 08° 31' 52" WEST 40.10 FEET, NORTH 45° 24' 47" WEST 137.84 FEET TO THE BEGCNNfNG OF A TANGENT Ct:RVE , CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1260.00 FEET AND
NORTHERLY 315 .29 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14° 20' 14" TO A POINT ON SATO C "R VE TO WHICH A RADIAL LINE BEARS SOUTH 58°55'27" WEST;
THENCE LEAVING SAID BOUNDARY, SOUTH 30° 13' 32" WEST 478.25 FEET; THENCE SOUTH 45°24'47" EAST 363.22 FEET TO THE TRUE POINT OF BEGINNING.

CONTAINING 4.144 ACRES MORE OR LESS
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" A TI ACHED HERETO AND MADE A PART HEREOF.

SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHT-OF-WAY AND EASEMENTS OF RECORD ff ANY.

EXHIBIT A - PAGE 1
EXHIBIT A • SKETCH TO ACCOMPANY L.£GAL DESCRIPTION
RS 87/11
NOTE
( ) INDICATES RECORD PER PMB 56/24
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080782\19468038vl
APN 656-242-15

4.14-4 ACRES
N44"J5'56"E 395.97' N44'35'56"E -400.00'
- - N◄◄ '35'36"£ 79$.97" ....

CROWN
J89.00'
VALLEY ~l en
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PARKWAY
EXHIBIT A-PAGE 2
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ii er:

EXHIBITB

LEGAL DESCRIPTION OF COUNTY PROPERTY AND LOT INDEX MAP
LOTS 1 THROUGH 4, LOTS 6 AND 7 AND LOT D OF TRACT NO. 19024, IN THE CITY OF LAGUNA NIGUEL, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 1018, PAGES 35 THROUGH 47, OF TRACT MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXHIBIT B - PAGE 1
080782\19468038vl
LOT
D
---
LOT D
LOT 3
LOT 2
LOT 4
LOT 7
LOT D
LOT 6
'------i.0 1 D
LOT I

CROWN VALLEY PARKWAY
(CITY HALL)

CROWN VALLEY

PARKWAY (LOT C)
---~---
------- ------- HILJURST-
DRIVE

EXHIBIT B
TR. 19024 - LOT INDEX MAP
EXHIBIT B - PAGE 2
080782\19468038vl
SCALE:
1·=200'
SHEET
I or 1
DATE:

Ol/l0/2026

EXHIBIT C

LEGAL DESCRIPTION AND PLAT OF COUNTY'S EASEMENT AREA
THOSE CERTAIN PARCELS OF LAND, IN THE CITY OF LAGUNA NIGUEL. COUNTY OF ORANGE, STATE OF CALIFORNIA.LY ING WITHIN INSTRUMENT NO. 2008000372868. OFFICIAL RECORDS. IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. DESCRIBED AS FOLLOWS:

PARCELA
BEGINNING AT THE WESTERLY CORNER OF SAID INSTRUMENT NO. 2008000372868 AS SHOWN ON RECORD OF SURVEY 2011-1128, FILED MARCH 9. 2012 IN BOOK 255, PAGE 40, OF RECORDS OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER IN SAID COUNTY;

THENCE ALONG THE NORTHWESTERLY LINE OF SAID INSTRUMENT AND SAID RECORD OF SURVEY NORTH 3~13'58" EAST. 20.33 FEET;
THENCE LEAVING SAID NORTHWESTERLY LINE SOUTH 48°48"51- EAST. 97.24 FEET:

THENCE SOUTH 48°11 '29" EAST. 49.78 FEET;
THENCE SOUTH 55°46'41" EAST. 21.67 FEET:

THENCE SOUTH 38"00'39" EAST, 26.06 FEET:

THENCE SOUTH 02°26'00" WEST. 14.29 FEET:

THENCE SOUTH 44°42'25" EAST, 142.48 FEET. TO A LINE PARALLEL WITH AND 22.00 FEET

NORTHWESTERLY OF THE NORTHWESTERLY LINE OF CROWN VALLEY PARKWAY AS SHOWN ON SAID RECORD OF SURVEY;
THENCE Al.ONG SAID PARALLEL LINE SOUTH 44°32'30" WEST. 16.11 FEET. TO THE SOUTHWESTERLY LINE OF SAID INSTRUMENT AND SAID RECORD OF SURVEY; THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 45°24'21" WEST. 340.98 FEET. TO THE POINT OF BEGINNING;
CONTAINING AN AREA OF 7.524 SQUARE FEET. MORE OR LESS.

PARCELB
COMMENCING AT THE WESTERLY CORNER OF SAID INSTRUMENT NO. 2008000372868 AS SHOWN ON RECORD OF SURVEY 2011-1128. FILED MARCH 9. 2012 IN BOOK 255. PAGE 40, OF RECORDS OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER IN SAID COUNTY;

THENCE ALONG THE NORTHWESTERLY LINE OF SAID INSTRUMENT ANO SAID RECORD OF SURVEY NORTH 3()013'58" EAST. 387.39 FEET, TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHWESTERLY LINE NORTH 5~3'46" EAST. 80.41 FEET, TO A POINT

ON THE SOUTHWESTERLY LINE OF ALICIA PARKWAY AS SHOWN ON SAID INSTRUMENT ANO SAID RECORD OF SURVEY, DISTANT THEREON 41.02 FEET FROM THE MOST NORTHERLY CORNER OF SAID INSTRUMENT AND SAID RECORD OF SURVEY. SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE. CONCAVE NORTHEASTERLY ANO HAVING A RADIUS OF 1260.00 FEET. A RADIAL TO SAID BEGINNING BEARS SOUTH 57"04'07 WEST":

EXHIBIT C - PAGE 1
080782\ I 946803Rv I
080782\19468038vl

THENCE NORTHERLY ALONG SAID CURVE ON THE SAID SOUTHWESTERLY LINE OF ALICIA PARKWAY, 41.02 FEET. THROUGH A CENTRAL ANGLE OF 01051'55·. TO THE SAID MOST NORTHERLY CORNER;

THENCE ALONG SAID NORTHWESTERLY LINE OF SAID INSTRUMENT AND SAID RECORD OF SURVEY SOUTH 30013'58" WEST. 90.86 FEET. TO THE TRUE POINT OF BEGINNING; CONTAINING AN AREA OF 1,649 SQUARE FEET, MORE OR LESS.

AS SHOWN ON EXHIBIT "B", ATTACHED HERETO ANO BY THIS REFERENCE MADE A PART HEREOF.

THIS DESCRIPTION WAS PREPARED BY ME. OR UNDER MY DIRECTION. IN CON FOR 1!ANCE WITH THE/ ROFESSIONAL LAND SURVEYORS' ACT.
'J ;:· .~ I' I ,.,.--- ...--· ·,/
v . ·c: ~~ -----
KURT R. TROXELL, P.L.S. 7854
DATE PREPARED: 04/30/2026
EXHIBIT C - PAGE 2
/
I/
/;
I
_1,. INE LEGEND:

P.O.B.

P.O.C.

T.P.0.8.

EXHIBIT "C" PLAT
_ _1
--p°Ac1ftc 1s[ANOORl'JE
11,@'ii' ~

PROPERTY LINE

EASEMENT LINE

STREET CENTERLINE

ADJACENT PROPERTY LINE

POINT OF BEGINNING

POINT OF COMMENCEMENT
TRUE POINT Cf BEGINNING

11.@'ii' ©
---
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04/J0/2026
\
CEL "B"
EE SHEET 3

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~ ■ • • I • ■ ■ ■ I • • CHCCICE0 BY: KRT
15635 Sand C.::inyon .A.YD. SuHa 100 of: 30341 CROWN VAU.£Y PARKWAY IMne. Catlomia 92618 LAGUNA NIGUEL. CA. SH..,,., 1 Of " 949.474.1960 f1.15coe00m '-'-' ~ EXHIBIT C - PAGE 3
080782\19468038vl
P.O.B.

PARCH "A"

7.524 s.r.
' --- ~ ---
EXHIBIT "C" PLAT
S55"46'41"E

21.67'
S.38"00' 39-E

26.06'
/
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S44"32'30'\Y

16.11'
N so· o· 2s· so·
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SCALE: 1" ~ 50' (SEE SHEET 1 FOR LEGEND)
t
,.•-1 FUS00E EXHIBIT "c" DATE: April 30, 2026
'- .,. t--------...,,_..,~...,~~~~ FN: 279-021_COUN1Y ACCES -. .4 PLA i TO ACCOMPANY LEGAL DESCRIPTION DRAWN BY: DB ~ a • • I • a ■ ■ I ■ • CHECKED BY: KRI
15635 Sand Canyon Avo. Sullo 100 of: 30341 CROWN VAi.LEY PARl<WAY IMne. Ci, o, 92618 LACUKA ~ICUEL. CA. SHEti" 2 OF 3 949.4 74.1960 luscoe. oom EXHIBIT C - PAGE 4
080782\19468038vl
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1---------------11 FN: 279-021_COUNTY ACCES
... ,4 PLAi TO ACCOMPANY LEGAL DESCRIPTION DRAWN BY: D9 .;e.; ■ • • I • ■ ■ ■ I • • CHECKED BY: KRJ
15635 Sand Canyon Avo, Suito 100
IMne. C Olnill 92618
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of: 30341 CROWN VALI.EY PARKWAY
LAGUNA NIGUEL. CA,
EXHIBIT C - PAGE 5
sHen 3 or 3

EXHIBITD

LEGAL DESCRIPTION AND PLAT OF CITY'S EASEMENT AREA
LOT D OF TRACT NO. 19024, IN THE CITY OF LAGUNA NIGUEL, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 1018, PAGES 35 THROUGH 47, OF TRACT MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXHIBIT D - PAGE 1
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0 CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the attached Reciprocal Access Easement Agreement to the COUNTY OF ORANGE, a political subdivision of the State of California, is hereby accepted by the undersigned officer or agent on behalf of the Board of Supervisors of Orange County, pursuant to authority conferred in Section 1-4-220 of the Codified Ordinances of the County of Orange, by the said Board of Supervisors, and the COUNTY OF ORANGE consents to recordation thereof by its duly authorized officer.

Dated ________ ____ _
Approved as to Form
Office of the County Counsel
Orange County, California

COUNTY OF ORANGE
By: _ _________ ____ _ _
Thomas A. Miller,
Chief Real Estate Officer
County Executive Office
Pursuant to Section 1-4-220 of the Codified
Ordinances of the County of Orange, and
Per Minute Order dated December 2, 2025
By: __________ ___ Date: ________ _
Deputy

CERTIFICATE OF ACCEPTANCE
080782\19468038vl

CERTIFICATE OF ACCEPTANCE
[City to add Certificate of Acceptance]

CERTIFICATE OF ACCEPTANCE
080782\l9468038vl

ATTACHMENT E
Park License and Joint Use Agreement

PARK LICENSE AND JOINT USE AGREEMENT
THIS PARK LICENSE AND JOINT USE AGREEMENT ("Agreement") is made and entered into as of the __ day of , 2026 ("Agreement Date"), by and between the County of Orange, a political subdivision of the State of California ("County"), the City of Laguna Niguel, a California municipal corporation ("City"), and Laguna Niguel Town Center Partners, LLC, a California limited liability company ("Developer"). County, City, and Developer are each a "Party" and collectively, the "Parties." RECITALS:

A. County is the fee owner of certain real property located at 30341 Crown Valley Parkway, Laguna Niguel, California (the "Property"), as more particularly described on Exhibit A, attached hereto.

B. The Property is subject to an Amended and Restated Option Agreement ("Option") dated December 2, 2025, by and between County and Developer, pursuant to which Developer has the option to lease the Property for the purposes and uses provided in that certain ground lease ("Ground Lease") attached to the Option.

C. City administers park and recreation requirements within its jurisdiction pursuant to Laguna Niguel Municipal Code sections 9-1-500, et seq. (the "Local Park Code"). The Local Park Code provides, in pertinent part, that any person who proposes to divide real property for the purpose of creating a residential subdivision or a parcel map for residential use shall pay a park fee or provide parkland.

D. Developer has obtained entitlements from the City to develop the Property for residential, library, and commercial uses (the "Project"), which include Site Development Permit No. 19-03, Use Permit No. 19-22, and Vesting Tentative Map No. 19024 (the "Vesting Tentative Map"), as approved by the City Council of the City on June 21, 2022. Final Map No. 19024 (the "Final Map") will formally subdivide the Property pursuant to the Vesting Tentative Map.

E. As a condition of approval (no. 14) of the Vesting Tentative Map, Developer is responsible for satisfaction of the Local Park Code. Satisfaction of the Local Park Code may be through local park credits for parkland provided as part of the Project, the value of improvements to parkland provided as part of the Project, the payment of in-lieu fees, or a combination thereof, together the "Methods of Compliance". By way of illustration only, if the equivalent of 1.5 acres of parkland were required under the Park Code, the Developer could satisfy that obligation by: 1) the provision of 1.5 acres of parkland as part of the Project; 2) the provision of parkland area and park improvements equal in value to 1.5 acres of parkland; 3) the payment of an in-lieu fee equal in value to 1.5 acres of parkland; or 4) a combination thereof, such as the provision of

1.0 acre of parkland as part of the Project together with improvements equal in value to 0.5 acres of parkland.
1 F. The Parties desire to satisfy condition of approval no. 14 and the requirements of the Local Park Code by this Agreement, which grants a license of parkland from the Developer to the City (the "License Area") together with certain park-related improvements to the parkland (the "License Area Improvements"), with Developer responsible for construction, operation, and maintenance of the License Area and License Area Improvements. Subject to the provisions of Section 2(b ), below, the License Area consists of exactly one (1) acre of parkland, as depicted on Exhibit B, attached hereto, together with the License Area Improvements, including landscaping, specimen shade trees, hardscape, exterior lighting, decorative water feature(s) (e.g., water fountain(s)), and outdoor fireplace. The value of the License Area Improvements shall be no less than $1,549,658 assuming the provision of exactly one (1) acre of parkland, consistent with calculation of applicable park fees under Recital G, below. The Parties further acknowledge and agree that the intent of this Agreement is for the License Area to function as an integrated privately owned public space within the Project, intended for the use and enjoyment of residents, visitors, and patrons of the Project. Developer may conduct programmed events within the License Area, including events for which fees may be charged to attendees, provided that such programmed events remain ancillary to the primary function of the License Area as a publicly accessible open space and do not unreasonably interfere with general public access to and use of the License Area on a recurring or ongoing basis.

G. Developer reserves the right, and nothing herein shall prohibit or prevent Developer from requesting alternative Methods of Compliance with the Local Park Code for the Project. The Parties specifically acknowledge and agree that Developer may elect, at any time, to satisfy all or a portion of its obligations under the Local Park Code through payment of park in­ lieu fees (hereafter, the "Fee"). The Fee shall be based on the current rate for park fees, calculated using 275 proposed residential units for a potential payment of up to $4,419,396 (275 dwelling units x .0056 acres/unit x $2,869,738/acre), or the prevailing rate, whichever is greater.

Said Fee shall be in substitution for all or a portion of the License Area and/or License Area Improvements. In the event Developer pays a Fee to satisfy all or a portion of its obligations under the Park Code, the License Area shall be proportionally reduced by the amount of the Fee paid.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto hereby agree as follows:

1. Incorporation of Recitals. The Recitals set forth above are a material part of this Agreement and are incorporated herein by this reference.

2. Grant of License; Roles of the Parties.
(a) Subject to the terms and conditions herein, Developer grants to City a non- exclusive license (the "License") to use the License Area and the License Area Improvements for the Permitted Use (as defined below) during the Term (as defined below). County, as the fee simple owner of the Property, hereby finds the License to be consistent with the "Permitted Uses" of the Ground lease, as that tennis defined in the Ground Lease. Developer, as operator of the Project and ground lessee under the Ground Lease, agrees to (i) construct, operate, and maintain the License Area and License Area Improvements in accordance with this Agreement, and (ii) grants City and the general public the right to access the License Area for the Permitted 2 Use (as defined below). City, in its regulatory capacity, hereby affim1s that the License and related obligations granted herein satisfies all requirements of Developer under the Local Park Code and Vesting Tentative Map in connection with the Project. City further acknowledges that the combined value of the License Area and License Area Improvements fully satisfies Developer's obligations under the Local Park Code with respect to the Project. The Parties acknowledge that the License is a contractual right only and does not create any estate, easement, dedication or other real property interest in the Property or License Area. (b) Notwithstanding anything to the contrary herein, Developer reserves the right to request modifications to the size, configuration, boundaries, or location of the License Area subject to City review and approval. Any such modification that results in a reduction in the License Area would trigger alternative Methods of Compliance, as defined in Recital E.

3. Alternative Method of Compliance. Notwithstanding anything to the contrary herein, Developer may elect to satisfy all or a portion of its obligations under the Local Park Code through payment of the Fee in substitution for providing all or a portion of the License Area and/or License Area Improvements. Any such Fee payment shall be calculated in accordance with the Local Park Code in effect as of the Agreement Date using an imputed value of $2,869,738 per acre, or the then prevailing rate, whichever is greater.

4. Permitted Use. The License Area shall be available for the lawful use and enjoyment of the general public ("Permitted Use") during ordinary business hours, seven days a week ("Permitted Use Period"). The Parties acknowledge that the License Area is part of an integrated private mixed-use development and that public access may be subject to reasonable rnles, regulations, operational protocols, security measures, including temporary closures and limitations customarily applicable to privately owned commercial, residential, and mixed-use projects, such as for maintenance, repairs, programmed events, public safety emergencies, or construction activities. Any such restrictions or closures shall be limited in scope and duration and implemented in a manner intended to preserve, to the extent practicable, regular and ongoing public access to the License Area. The City, County, and Developer may, in the future, mutually agree to enter into a separate agreement setting forth more specific or supplemental Permitted Use rules and regulations.

5. License Term. Upon receipt of the last certificate of occupancy required for the residential component of the Project, Developer shall provide written notice to County of said completion ("Completion Notice"). The License shall commence within thirty (30) days after the date of the Completion Notice (the "Commencement Date"). The License shall continue to run until the termination of the Ground Lease unless and until the Parties mutually agree in writing to an earlier termination. In the event that the Ground Lease is not executed and/or a Completion Notice is not issued, or Developer elects to satisfy all of its obligations under the Local Park Code through payment of the Fee, then this License shall not commence, and will be of no force or effect as set forth in Section 6( a), below.

6. Delivery and Condition.
(a) The Parties agree and acknowledge that the construction of the License Area and License Area Improvements is subject to and conditioned on the approval of the Final 3 Map and execution of the Ground Lease and issuance of the Completion Notice. In the event the City does not approve the Final Map, issue the Completion Notice by the last certificate of occupancy for the residential component of the Project, the Ground Lease is not executed, or Developer pays the Fee in substitution for providing all License Area and License Area Improvements, this Agreement shall terminate and be of no further force or effect without any additional actions of the Paities.
(b) AS-IS, WHERE I City acknowledges and agrees that County and Developer are not making any representation or warranty regarding the License Area or License Area Improvements pursuant to this Agreement or providing any financial security for the License Area or License Area Improvements.

7. Operation and Maintenance.
(a) Operation. During the Term, Developer shall operate and manage the License Area and License Area Improvements and make them available for the Permitted Use during the Permitted Use Period. City shall not make any modifications, alterations to the License Area or License Area Improvements without the express, prior written consent of Developer and the County as required by the Ground Lease. (b) Maintenance. During the Term, Developer shall maintain the License Area and License Area Improvements in reasonably good condition and repair, subject to normal wear and tear, including without limitation, the repair and replacement of any improvements thereon ("Park Maintenance").

8. Notices. All notices, demands, or other communications of any type given by any Party hereunder shall be void and of no effect unless given in accordance with the provisions of this Section. All notices shall be in writing and delivered to the person to whom the notice is directed, either (a) in person, (b) by United States Mail, as a registered or certified item, return receipt requested, or ( c) by a nationally recognized overnight delivery service. Notices sent by a nationally recognized overnight delivery service shall be deemed received on the next business day and notices delivered by ce1tified or registered mail shall be deemed delivered three (3) days following posting.

Notices shall be given to the following addresses:

County:

With a copy to:

City:

County Executive Office, Real Estate Services
400 W. Civic Center Dr., 5th Floor
Santa Ana, CA 92701
Attn: Chief Real Estate Officer
Laguna Niguel Town Center Partners, LLC
860 Newport Center Drive, Suite 100
Newport Beach, CA 92660
Attn: Ryan Rhoads
City of Laguna Niguel
Laguna Niguel City Hall
4 30111 Crown Valley Parkway
Laguna Niguel, CA 92677
Attn: Community Development Director

9. Miscellaneous.
(a) Indemnification and Insurance. Indemnification and insurance for the License Area and any construction, maintenance or use by Developer's employees, contractors, or invitees (including the general public), provided for in this Agreement, including any breach or default in the performance of any obligation to be performed by the Developer under the terms of this Agreement, shall be provided by Developer pursuant to, and shall by covered by, the applicable tenns of the Ground Lease.
(b) Force Maieure.
(i) "Force Majeure Event" shall be defined as any matter or condition beyond the reasonable control of a Party, including war, public emergency or calamity, fire, earthquake, extraordinary inclement weather, Acts of God, strikes, labor disturbances or actions, civil disturbances or riots, litigation brought by third parties against either of the Parties or both, or any governmental order or law which causes an interruption in a Party's satisfaction of its obligations under this Agreement (including without limitation the delivery of the License Area by County) or prevents timely delivery of materials or supplies. (ii) Should a Force Majeure Event prevent performance of this Agreement, in whole or in part, the Party affected by the Force Majeure Event shall be excused or performance under this Agreement shall be suspended to the extent commensurate with the Force Majeure Event; provided that the Party availing itself of this Section shall notify the other Party within ten (10) days of the affected Party's knowledge of the commencement of the Force Majeure Event; and provided further that the time of suspension or excuse shall not extend beyond that reasonably necessitated by the Force Majeure Event. (c) Attorney's Fees. In the event any Party to this Agreement shall institute any action or proceeding against the other Paiiy relating to this Agreement, each Party shall bear its own costs, including but not limited to attorneys' fees and costs. This provision is separate and several and shall survive the merger of this Agreement into any judgment on this Agreement. ( d) Assignment. Developer shall be permitted to assign its rights and obligations under this Agreement, in whole or in part, without the City or County's consent, provided that Developer shall provide City and County with written notice of such assignment, and the assignee shall expressly assume in writing all of Developer's (assigned) obligations under this Agreement.
(e) Choice of Law. This Agreement shall be governed by the laws of the State of California, with jurisdiction and venue to be in the county where the License Area is located.
(f) Integration. This Agreement, including all Exhibits attached hereto, constitutes the entire agreement between the Parties pertaining to the subject matter hereof, 5 except as otherwise provided in the Ground Lease. No representation, warranty, covenant, agreement, or condition not expressed in this Agreement shall be binding upon the Parties hereto nor shall it affect or be effective to interpret, change, or restrict the provisions of this Agreement.

This Agreement shall be binding upon the Parties and their respective successors and assigns. (g) Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but any number of which shall be deemed to be one and the same instrument.
(h) Recordation. This Agreement shall not be recorded. The Parties may agree ( each in their reasonable discretion) to record a memorandum of this Agreement with the Orange County Clerk-Recorder Department in a fonn to be mutually agreed upon by the Parties. (i) Severability. If any provision of this Agreement, or the application thereof to any person, place, or circumstance, shall be held by a court of competent jurisdiction to be invalid, unenforceable or void, the remainder of this Agreement and such provisions as applied to other persons, places and circumstances shall remain in full force and effect. (i) Fwther Assurances. Each Party will, whenever and as often as it shall be requested to do so by the other Party, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered any and all further conveyances, approvals, consents, or other documents and do any and all other acts as may be necessary to carry out the intent and purpose of this Agreement.
(k) Amendment / Waiver. This Agreement may not be modified or amended, except by an agreement in writing signed by the Parties. The Parties may waive any of the conditions contained herein or any of the obligations of the other Party hereunder and shall be effective only if in writing and signed by the Party waiving such conditions and obligations.

Further, any waiver shall not constitute a continuing waiver unless so acknowledged in a writing signed by the Party waiving such conditions and obligations. (k) Timing. Time shall be of the essence in this Agreement. Failure on the part of any Party to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision or any other provision. (1) Comp lia11ce with Laws. The Parties shall comply with all federal, state, county, and city laws, statutes, ordinances, rules and regulations and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of the Agreement.
(m) Effectiveness. The effectiveness of this Agreement is expressly conditioned upon the City's approval of the Final Map, execution of the Ground Lease, and issuance of the final Certificate(s) of Occupancy for residential use. Unless and until the Final Map is recorded, the Ground Lease is executed, and the Completion Notice is issued, this Agreement shall be of no force or effect.
[Remainder of page intentionally left blank; signature page follows} 6 IN WITNESS WHEREOF, the Parties hereto have entered into this Agreement as of the date first written above.

APPROVED AS TO FORM:

By: - ------ - --­
Deputy County Counsel
APPROVED AS TO FORM:

By: - ------ ----­
City Attorney
"DEVELOPER"

LAGUNA NIGUEL TOWN CENTER

PARTNERS, LLC
a California limited liability company
"COUNTY"

COUNTY OF ORANGE,
a political subdivision of the State of California
By:

Thomas A. Miller
Chief Real Estate Officer
Per Minute Order dated December 2, 2025
Date: _________ ___ _
"CITY"

CITY OF LAGUNA NIGUEL,
a California charter city and municipal
corporation
By:

Date:

Tamara Letourneau
City Manager
- - ----- - --- --
SRG LNTC PARTNERS , L.P., a Delaware
limited partnership
By: BURNHAM-WARD PROPERTIES, LLC, SRG LNTC INVESTORS , L.P., a Delaware a California limited liability company limited liability company By: By:

Date: ___ _____ ___ _ _ Date: ____ _ ___ ____ _
Title: Title: - - ---- - ----- - - ----- - ---- --
7 EXHIBIT A

LEGAL DESCRIPTION AND LOT INDEX MAP
LOTS 1 THROUGH 4, LOTS 6 AND 7 AND LOT D OF TRACT NO. 19024, IN THE CITY OF LAGUNA NIGUEL, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 1018, PAGES 35 THROUGH 47, OF TRACT MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 8 LOT D
LOT 3
LOT 2
LOT 1
LOT 4
LOT 7
LOT D
(CITY HALL)
CROWN VALL['(
PARKWAY (LOT C}
- L - C-RO_W_t,il_ V_AL_l_EY~P~AR:'"'K'.'."'.'W'."'."A:":"'Y '--L--------- -----r----
__...._~ --------H ILL URST­
DRIVE

EXHIBIT A
TR. 19024 - LOT INDEX MAP
8 SCALE;
, .. :200•
SHEET
1 or 1
Dilm
03/.50/202&
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EXHIBITB

DEPICTION OF THE LICENSE AREA
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9 La~una Niguel City c.~,~POSED PARK SPACE EXHIBIT
Total Par\: Aru ~ 1 OOM" • ' " C0,.560 Sf!
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