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02-0716_SEIDEL, WILLIAM_Development AgreementTHIS AGREEMENT, dated this July 16, 2002, by and between WILLIAM SEIDEL hereinafter called "Developer", and CAPISTRANO VALLEY WATER DISTRICT, hereinafter called "District". THIS AGREEMENT, shall be administered by the CITY OF SAN JUAN CAPISTRANO, hereinafter called "City", in accordance with Resolution No. 97-10-7-1. WITNESSETH: WHEREAS, Developer wishes to obtain water services from District for property known as 27453 Ortega Highway, SJC, CA and District requires the construction and dedication of water facilities by Developer as a condition of providing said water services; and WHEREAS, Developer has prepared and submitted to District a set of improvement plans for said water facilities, and WHEREAS, District desires to insure that said water facilities are installed in accordance with District's standards and specifications. that: NOW, THEREFORE, it is hereby agreed by and between Developer and 111101 id 1. Developer shall, at its sole cost and expense, construct and install within twenty-four (24) months from the effective date of this Agreement, all of the water facilities shown and delineated upon the improvement plans entitled "Water Extension Plan for Seidel Residence" as approved by the District Engineer of the Capistrano Valley Water District and on file with the City of San Juan Capistrano and by reference made a part of this Agreement as though fully set forth herein. 2. Developer shall construct said water facilities in accordance with the approved plans, District's standard specifications and under City's inspection, and shall indemnify and hold harmless all officers, employees and agents of the City and District from and against all claims, damages, losses and expenses, including attorneys' fees, arising out of or resulting from the performance of the work, and caused in whole or in part by any negligent act or omission of Developer, Contractor, or any Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. 3. If Developer has not completed the work within twenty-four (24) months from the effective date of this Agreement, City and/or District has the right to call the security for faithful performance and complete the work. Any work performed after said twenty-four (24) months, whether by Developer, District, or others, shall be in accordance with District's standard specifications in effect as of the time the work is performed. 4. The security shall remain in effect for a minimum of 365 consecutive calendar days after all the water facilities have been completed and accepted by District, and shall continue in effect until exonerated in writing by District. It shall be incumbent upon the developer to renew the security prior to its expiration. 1. Developer hereby expressly agrees that no water shall be used by Developer, or by Contractor or any Subcontractor, for construction purposes except through a meter provided by District. Developer acknowledges that Section 499 of the California Penal Code provides that unauthorized use of water is a misdemeanor, and City and District AGREEMENT - Page 2 Development Agreement for Constniction of Water Facilities Seidel Residence hereby states its intent to strictly enforce said Penal Code Section. 2. In addition to any criminal penalties, and not as a substitute therefore, District will charge Developer, and Developer agrees to promptly pay District, $500.00 per day for unmetered use of District's water by Developer, Contractor, or any Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts anyone of them may be liable. 3. Temporary construction meters shall be provided to Developer by District at the rental rate existing at the time such meters are provided. The use of "jumpers" is expressly prohibited. 4. Developer shall notify District as soon as it is reasonably practical to install any permanent meter, and District shall provide and install same as soon thereafter as reasonably possible. The foregoing notwithstanding, the District may install any meter when District determines it is desirable to do so. 1. Developer shall, prior to the execution of this Agreement, pay District the following sums: (a) $2,673.30 for the costs of District's plan review, inspection of construction and the control thereof, and for the testing of materials, which sum is based upon the estimated construction cost of $39,900. (b) $900 for the furnishing and installation by District of all permanent water meters, which sum is based upon the following number and size of meter. one (1) 2 -inch domestic and one (1) 2 -inch irrigation. W AENG\DV LP\SP\SEI DEL\W TRAGR. DOC AGREEMENT -Page3 Development Agreement for Construction of Water Facilities Seidel Residence 2. In addition to the above sums, a certificate of deposit to secure the faithful performance of this Agreement in the sum of $43,890 is hereby approved. 3. When additional buildings on this property are constructed, Water Capacity Charges, Capital Improvement Charges, Water Storage Charges, and Meter Fees for the additional development shall be paid prior to additional service being provided. Developer hereby guarantees the materials and the workmanship of the water facilities for a period ending 365 consecutive calendar days after the acceptance of said water facilities by District, and hereby agrees to reimburse City and District for all costs associated with the accomplishment of necessary repairs to said water facilities which may have been made by City and District within the aforesaid guarantee period. 1. Developer hereby offers to dedicate to District the water facilities together with necessary easements. 2. Upon completion of the construction in accordance with the improvement plans and specifications and the dedication of the necessary easements, District agrees to accept the water facilities, whereupon said water facilities shall become property of District. 3. The terms of this Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. 4. Should either party be required to enforce any of the terms of this Agreement, it is agreed that the prevailing party shall be entitled to costs and reasonable W:\ENG\DV LP\SP\SEI DEL\W TRAGR. DOC AGREEMENT - Pa" 4 Development Agreement for Constniction of Water Facilities Seidel Residence attomeys' fees. Developer shall pay the prevailing rate of hourly wages and rates or legal holidays and overtime. Developer shall, accordingly, pay as a penalty to the District the sum of Twenty-five Dollars ($25.00) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage .under this contract, by Contractor and/or any subcontractor. The District is a public agency in the State of California and is subject to the provisions of law relating to public contracts. It is agreed that all provisions of law applicable to public contracts are a part of this contract to the same extent as though set forth herein and will be complied by Contractor. PAX -1 11 .m � 1� Developer, Contractor, and/or Subcontractor shall maintain in full force and effect comprehensive general liability coverage, including premises operations, products/completed operations, broad form property damage and blanket contractual liability in the following minimum amounts: e $500,000 property damage; e $500,000 injury to one personlany occurrence/not limited to contractual period e $1,000,000 injury to more than one person/any one occurrence/not WAENG\DVLP\SP\SEIDEL\WTRAGR. DOC AGREEMENT - Page 5 VW Development Agreement for Construction of Water Facilities Seidel Residence limited to contractual period. Developer, Contractor, and/or Subcontractor shall maintain in full force and effect comprehensive automobile liability coverage, including owned, hired and non - owned vehicles in the following minimum amounts: $500,000 property damage; a $500,000 injury to one person/any oocurrence/not limited to contractual period a $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. During the construction period, if Developer, Contractor, and/or Subcontractor employs employees to perform services under this Agreement, Developer, Contractor, and/or Subcontractor shall obtain and maintain, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. These policies shall not terminate, nor shall they be canceled nor the coverage reduced until after 30 days written notice is given to the City or District. Developer shall provide an endorsement to City and District establishing that City and District has been legally added as an additional insured to the insurance policies required under this Agreement. Developer shall indemnify and hold City and District harmless from any and all claims, demands, actions, attorney's fees, costs, and expenses based upon or W:\ENG\DVLPkSPkSEIDELkWTRAGR-DOC AGREEMENT - Page 6 Development Agreement for Construction of Water Facilities Seidel Residence arising out of errors, omissions, or negligent acts of Developer, its associates, employees, subcontractors, or other agents while performing services under this Agreement. In the event an action is commenced by a party to this Agreement against any other party or parties hereto to enforce its rights or obligations arising from this Agreement, the prevailing party in such action, in additional to any other relief and recovery awarded by the court, shall be entitled to recover all statutory costs plus reasonable attorney's fees. IX. CITY R1 IRINFAR I IC NR Developer will maintain a license to do business in the City of San Juan Capistrano. X. IND P ND NTA .FNT At all times during the term of this Agreement, Developer shall be an independent agent and shall not be an employee of the District. District shall have the right to control Engineer only insofar as the results of Developer's services rendered pursuant to the Agreement; however, District shall not have the right to control the means by which Developer accomplishes services rendered pursuant to this Agreement. XI, INDEMNITY Developer shall be responsible for all injuries to persons and for damages to real or personal property of the City or District, caused by or resulting from any activity or operation of Developer, its employees or its agents during the progress of or connected with the rendition of services hereunder. Developer shall defend and hold harmless and indemnify all officers, employees and agents of City and District from all costs and claims for damages to real or personal property or personal injury to any third party resulting from the W:\ENG\DVLP\SP\SEIDEL\WTRAGR. DOC AGREEMENT - Page 7 Development Agreement for Construction of Water Facilities Seidel Residence activity of itself, employees or its agents. Except as City or District may specify in writing, Developer shall have no authority, express or implied, to act on behalf of the District in any capacity as an agent. Developer shall have no authority, express or implied, pursuant to this Agreement, to bind City or District to any obligation. XIII. ATTORNEY'S FEES If a judicial action is required to resolve a dispute arising under this agreement or to otherwise enforce any provision of this agreement, then the prevailing party shall be entitled to reimbursement for the reasonable attorney's fees and costs from the other party. W:\ENG\DVLP\SP\SEIDEL\WTRAGR. DOC AGREEMENT - Page 8 Development Agreement for Construction of Water Facilities Seidel Residence IN WITNESS WHEREOF, the parties hereto have executed this Agreement, consisting of nine pages, on the above date. WILLIAM SEIDEL 27453 Ortega Highway San Juan Capistrano, CA,)�2675 William Seidel, ei1wrler (Attach Notary Acknowledgement) W:\ENG\DV LP\SP\SEI DEL\W TRAGR. DOC CITY OF SAN JUAN CAPISTRANO 0 Diane Bathgate, R. Monahan, City Clerk APPROVED AS TO FORM: By: John haw, City Attorney AGREEMENT - Page 9 STATE OF CALIFORNIA ) ss COUNTY OF On t-l�� e 2002, before me, a Notary Public, p rsonally appeared w VL1S4K1-j SE=T �E personally known to me (Qr proved to mp. to be the person(' whose name( scribed to the within instrument, and acknowled ed to me that[ r�e shetthey executed the same i hi �herAhen authorized capacity(ieg�, and that by is ' 'gnature(ff5 on the instrument the person(S), or the entity upon behalf of which the personA acted, executed the instrument. WITNESS my hand and official seal. [SEAL] [16198.1.nd 000093-0139 01/15/3003 - 1:50 p '�Nqotary *Pob ic: