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03-0902_SJD PARTNERS, LTD._Amendatory Agr
AMENDATORY AGREEMENT WATER FACILITIES AGREEMENT- SUNCAL PROPERTIES V't-- Thi Amendatory Agreement is entered into this L`P day of a(-U4 2004, by and between the City of San Juan Capistrano (hereinafter "City"), and SJD Partners, Ltd. (hereinafter referred to as "Developer"). RECITALS: Whereas, City and Developer have entered into a Water Facilities Agreement dated September 2, 2003, providing for the construction of certain domestic and non- domestic water facilities in conjunction with its project referred to as the "Suncal Project", and Whereas, Section II B of said agreement anticipated that the South Coast Water District ("SCWD") would purchase a one-half capacity right in a 4MG water reservoir to be constructed by the Developer, and Whereas, SCWD has now represented that it no longer wishes to participate in the purchase of capacity rights in the 4MG facility, and Whereas, SCWD's determination of non-participation will require an amendment to the Water Facilities Agreement wherein City will assume SCWD's financial role under the following terms and conditions set forth herein, NOW, THEREFORE, BE IT RESOLVED BETWEEN CITY AND DEVELOPER AS FOLLOWS: Section 1. City to Assume SCWD's Reimbursement Role. Section II B of the September 2, 2003 Water Facilities Agreement is hereby amended in its entirety to read as follows: "Section II B. Reimbursement Obligation/City's Substituted Role In Place of South Coast Water District. The parties agree that City shall assume the reimbursement role of SCWD as described in the agreement for a portion of costs of the Reservoir and related improvements as follows: SD Recorded in Official Records, County of Orange RECORDED AT THE REQUEST OF Tom Daly, Clerk-Recorder AND RETURN TO: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIN� FEE 2003001382042 03.59pm 11112103 City of San Juan Capistrano jil 0.0 9o o. Al2 15 oo o.00 o.00 o.00 0.00 0.00 0.00 City Clerk's Department .o 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Exempt from Recording Fees under Gov. Code 6103 WATER FACILITIES AGREEMENT - SUNCAL PROPERTIES `vl n � (Assessor's Parcel Numbers 675-081-10; 675-081-14 0 -C 666-301-13; 675-361-01; 675-081-04; 675-361-08; 675-361-06; 675-361-09) a THIS AGREEMENT is entered into this day of3� ,✓2003 by and between the City of San Juan Capistrano, hereinafter referred to as"City," and SJD Partners, Ltd., herein referred to as "Developer." RECITALS: WHEREAS, Developer has previously entered into an agreement with the Capistrano Valley Water District (predecessor to the City)to construct and pay for certain Domestic and Non- Domestic water facilities for a project now referred to as the"Suncal Project", and WHEREAS, said agreement was entered into on November 3, 1992 for the purpose of defining Developers and Water District obligations; and, WHEREAS, Developer and City mutually agree that fundamental changes have occurred to the project layout and to the Water Master Plan thereby necessitating the development of a new master water facilities agreement, and; WHEREAS,City and Developer mutually desire to enter into this new agreement to provide means for allowing the construction of the water improvements as well as a mechanism for reimbursing and crediting the Developer for the costs incurred in constructing such improvements; and, NOW, THEREFORE, BE IT RESOLVED BETWEEN CITY AND DEVELOPER AS FOLLOWS: 1 i SD SECTION I. DEVELOPER OBLIGATIONS A. Domestic Water System Improvements and Financial Obligations. 1. Developer shall be responsible for designing and constructing the below stated water facilities improvements. Developer's financial obligation to construct these improvements shall be in accordance with the following percentage allocations: a. All Water Lines, Pressure Reducing Stations and appurtenances within the Project boundaries: Developer 100%. b. The installation of a pressure-reducing valve in the existing pressure reducing valve vault at 26901 Calle Esperanza: Developer 50%. c. The 16" water main from point of connection in Camino Capistrano, under 1-5, through a portion of the North R and D site, and connecting to the point of connection at the southerly edge of pavement on the cul-de-sac on Valle Road, including an interim connection to the existing 8" water main: Developer 8%. d. The 16" water main from the 760S Reservoir to the East end of Paseo Del Gado: Developer's share shall be 32.7%. e. The 12" water main from point of connection at northerly terminus of Via La Mirada to the 16"water main at Calle Del Gado- Developer 89.2%; City 10.8%. f. A 12" line from Via De Agua to Avenida Calita, running westerly on Avenida Calita, connecting to the existing line at Via La Mirada to Avenida Calita, then continuing westerly on Avenida Calita to the PSJD development,then continuing unbroken through the project to Via California and running southerly on Via California to the intersection of Via California to Camino Las Ramblas, then running easterly on Camino Las Ramblas to its final point of connection at the intersection of Camino Las Ramblas and Avenida Pescador- Developer 100%. The 12" line as described shall be completed prior to the issuance of building permits for residential structures 29 through 170. g. Change the proposed 414 HGL pressure zone (McCracken Hill) to a 460 HGL pressure zone, with 12" water mains connecting to both the north end, and to the southeast end of the zone (two 12"water mains): Developer 100%. 2 2, Developer shall design, construct and pay for the following domestic water facilities in accordance with the following: a. A 760S Reservoir (4MG) project which is to include a feeder pipeline, access road, drainage facilities, electric service, and additional graded pad for a future 4 mg reservoir; the design work shall include a final soils report to site the reservoir structure. Developer shall comply with all applicable City design and permit standards and requirements. b. Modifications to the existing Zone 2 Pump Stations to pump water to the 760S Reservoir. c. Timing of 760S Reservoir Construction. (i) Following completion of environmental certification for the Project and the obtaining of any applicable environmental permits from other regulatory agencies, City shall provide notice to Developer to proceed with Project design work. Upon receiving formal notice from City, Developer shall complete the design work for the project within six(6) months from date of notice from City. Following City's approval of the Project design plans, Developer shall then start and complete Project construction within 18 months thereafter; (ii) Developer may commence and complete construction of up to 170 residential units (subject to the limitations of the City's land use code and other provisions of this agreement) prior to completion of the Reservoir for beneficial use by City. 3. Developer shall secure City's written approval of the design and layout of the water facilities described in this agreement prior to initiating any bid process for the improvements as follows: a. At each stage of the design work, the consulting engineer preparing the plans and specifications shall coordinate and review with City's Engineer critical concepts and design work product. City's representative must approve each stage of the design work as it proceeds. b. Developer's engineer shall submit a scope of tasks and schedule by not later than thirty (30) days from date of execution of the agreement in order to insure that the coordination required under this subpart is satisfactorily accomplished. c. Developer agrees and understands that District reserves the right to make final determinations as to the ultimate design and materials to be used. d. The parties agree that the plans and specifications for the work described in section 1 of this agreement shall be incorporated herein by reference upon City's final approval of said plans and specifications. 3 B. Non-Domestic Water Facilities. Developer shall construct and be 100% financially responsible for the following facilities within its project boundaries: 1. All Non Domestic Water Lines, Pressure Reducing Stations, Reduced Pressure Principal Assembly to temporarily provide domestic water to the non-domestic system, and all appurtenances within the Project boundary. 2. The design work must be approved by City in accordance with the City's review and approval process. 3. Developer shall pay its Non-Domestic Water Facility fee obligation in accordance with the applicable water fee schedule. C. Surety Requirements/Bid Process. 1. Developer shall provide a surety bond to guarantee Developer's obligations to construct the 760S Reservoir under the terms of this Agreement. The bond amount shall be 110% of the cost of Project construction. The performance bond shall be in a form acceptable to the City Attorney. The bond shall be posted with the City at the time of that a contractor's bid has been submitted and approved by the Developer and the City. The bond shall satisfy a A.M. Best's Guide Rating VII, or better. 2. Developer shall satisfy minimum bid procedures and contractual requirements (including but not limited to insurances and indemnification) acceptable to the City. The parties shall enter into a memorandum of understanding setting forth the basic requirements relating to these issues prior to the Developer's hiring of a contractor. D. Dedication of Easements. Developer shall provide all necessary easements within its property boundaries to be dedicated to the City at no cost. All easements shall be dedicated on the tract map or by separate instrument in accordance with City requirements. 4 SECTION 11. CITY OBLIGATIONS A. Domestic Water System. City shall design and construct and be 100% financially responsible for the following facilities: 1. The SC-4 Terminal pipeline to serve the 760S Reservoir and 760S Zone. 2. The 250S Zone Reservoir and all-appurtenant facilities to serve the reservoir. 3. Perform or otherwise be financially responsible for all applicable environmental work for the 760S Reservoir, including obtaining other governmental agency permits should there be any. City and Developer shall mutually cooperate to administratively determine which of the environmental mitigation measures are best carried out by Developer's contractor. 4. Developer agrees to sell to the City up to two residential lots, and any additional area as may be required in the open space area(Lot M) adjoining the cul de sac on M Street as shown on the proposed tentative map 15069, to accommodate the construction of a 250S Zone Reservoir. In establishing the value of the land, City shall retain an appraiser of its choice to conduct an appraisal. If Developer does not accept the value as established by the City's appraiser, Developer and City mutually select a second appraiser. If neither party agrees with the second appraisal, City will exercise its power of eminent domain to acquire the subject parcels. The appraisal criteria shall be based upon the value of the two finished lots. If additional area is needed from the open space lot M, Developer agrees to convey the additional land area in Lot M to City free of charge. City and Developer are presently studying the amount of additional land area in Lot M needed, if any, to accommodate this future Reservoir. When a final determination is made as to the amount of additional land needed over and above the above described two lots, Developer agrees to convey said land, and any other ancillary easements required to service the reservoir facility, to City forthwith. 5. City to provide and install pressure-regulating devices to existing homes in the existing 414 zone, where required, prior to its conversion to the 460 zone. 6. City shall reimburse Developer for the remainder of costs of design and construction less SCWD's share contribution and Developer's pro-rata fee obligations by not later than June 1, 2005. 5 B. Reimbursement Obligation/South Coast Water District. The parties agree that it is intended that Developer be reimbursed for a portion of costs of the Reservoir and related improvements construction as follows: 1. City and South Coast Water District ("SCWD") shall enter into an agreement wherein SCWD shall agree to purchase a 1/2 capacity right in this improvement. 2. The agreement shall provide that SCWD shall make monthly progress payments directly to Developer as construction proceeds in the amount of: 50% of the cost of the reservoir facility design and construction; 25%of the total site grading; 25%of the total site buttressing; 25% of the slope finish, sub drains, and surface drains; 25% of the access road to the site; 50% of the valving and pipelines to connect the 4MG Reservoir to the existing SC04 line; 25% of the Coastal Sage and other required environmental mitigation. In the event that SCWD fails to enter into this purchase of capacity agreement,then Parties shall either terminate or amend this agreement so as to reach a mutually acceptable alternate method of constructing alternate water facilities to meet the water facilities needs of the City. C. Reservoir Alternative. In the event that the Engineer's estimate, or the contractor's final bid, for the 760S Reservoir exceeds the $5.5 million estimated cost of construction by more than 15%, then the City reserves the right to cancel the 760S project. In such event, City and Developer will develop mutually agreeable alternative improvement changes to the water facility system which adequately addresses the City's and the Developer's water facilities needs. SECTION III. Developer Fee Requirements. A. 760S (4MG) Reservoir and Appurtenances. 1. In consideration of Developer's obligation to design and construct the above described improvements, Developer shall not be required to post up front those water facilities fees (i.e., the "Capital Improvement Charges" and "Storage Charges" as identified in the City's Water Development Charges Schedule) which would otherwise required to be paid with respect to these facilities and 6 improvements. Instead, Developer shall advance the costs of design and constructing the subject facilities and improvements and shall be reimbursed as provided for in this agreement, less Developer's pro-rata fee obligations as established by the City's water fee requirements. 2. City shall also pay to Developer the amount of $150,000 within the timeframe stated in subpart(5) above as compensation for expenses Developer has incurred for design work performed on reservoir design and siting issues. 3. City and Developer have previously formed a community facilities district("CFD")to authorize Mello Roos financing pursuant to the Mello Roos Community Facilities Act (Government Code sections 53311 et seq.) for certain designated public improvements. In addition to the security provided to guarantee construction asset forth in section I(C), City and Developer agree that a portion of CFD bond funds raised from the CFD shall be earmarked and encumbered in amount equal to the water facility fees which need not be posted up front by Developer pursuant to Section A(1) above. The amount of these deferred water facility fees are approximately $1,563,000. City and Developer shall cooperate to insure that the CFD agreement is amended to reflect the above stated encumbrance commitment of CFD funds. B. Modifications to the Zone 2 Pump Stations. Any additional design and construction costs incurred by Developer in making Zone 2 Pump Station modifications necessitated by the construction of the Project shall be reimbursed by City to Developer at the time of the final accounting of pro-rata cost sharing for the Project as outlined in Section III A. SECTION N. CONSTRUCTIONIWARRANTY A. Developer shall construct said water facilities in accordance with the approved plans, City's standard plans and specifications, and under City's inspection, and shall indemnify and hold harmless all officers, employees and agents of the City 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 caused in part by a party indemnified hereunder. B. Developer and/or its contractor shall provide a one year warranty on the Reservoir work as further described in Section VI of this Agreement. 7 SECTION V. USE OF WATER A. 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 City. Developer acknowledges that Section 499 of the California Penal Code provides that unauthorized use of water is a misdemeanor, and City hereby states its intent to strictly enforce said Penal Code Section. B. In addition to any criminal penalties, and not as a substitute therefore, City will charge Developer, and Developer agrees to promptly pay City, $2,000.00 per day for un- metered use of City'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. C. Temporary construction meters shall be provided to Developer by City at the rental rate existing at the time such meters are provided. The use of "jumpers" is expressly prohibited. Water flow into the Project shall be limited to 600 gallons per minute (GPM) during construction, which shall be the total flow restriction for the sum of the flows through all temporary construction meters. In the event that Developer requires additional water flow during construction, flows above 600 GPM may occur between 10:00 p.m. and 6:00 a.m. The 600 GPM restriction, as stated herein, shall not be applicable within any portion of the permanent water systems within the Project that have been completed and released for use by the City. D. Developer shall notify City as soon as it is reasonably practical to install any permanent meter, and City shall provide and install same as soon as thereafter as reasonably possible. The foregoing notwithstanding, the City may install any meter when City determines it is desirable to do so. SECTION VI. GUARANTEVINARRANTY 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 City, and hereby agrees to reimburse City for all costs associated with the accomplishment of necessary repairs, not to include normal preventative maintenance, to said water facilities which may have been made by City within the aforesaid guarantee period. City agrees in concept to accept a warranty, meeting these requirements from Developer's contractor providing the Warranty form is approved by the Office of the City Attorney. This warranty obligation shall be accompanied by a surety bond from Developer or its Contractor. The amount of the bond shall be equal to 100% of the total cost of the Reservoir improvements. 8 SECTION VII. GENERAL A. Developer hereby offers to dedicate to City the water facilities together with necessary easements. B. Upon completion of the construction in accordance with the improvement plans and specifications and the dedication of the necessary easements, City agrees to accept the water facilities, whereupon said water facilities shall become property of City with obligation to repair and maintain same. C. The terms of this Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. D. 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 attorneys fees. SECTION Vlll INSURANCE AND INDEMNIFICATION A. During the construction period and for the purpose of construction Developer and/or Contractor shall maintain in full force and effect the following insurance: 1. Comprehensive General Liability Comprehensive general liability coverage, including premises operations, products/completed operations, broad form property damage and blanket contractual liability in the following minimum amounts: $1,000,000 property damage; $1,000,000 injury to one person/any occurrence/not limited to contractual period; $2,000,000 injury to more than one person/any one occurrence/not limited to contractual period. 2. Comprehensive Automobile Liability Comprehensive automobile liability coverage, including owned, hired and non- owned vehicles in the following minimum amounts: $1,000,000 property damage; $1,000,000 injury to one person/any occurrence/not limited to contractual period; $2,000,000 injury to more than one person/any one occurrence/not limited to contractual period. 9 3. Worker's Compensation During the construction period, if Developer or Contractor employs employees to perform services under this Agreement, Developer or Contractor shall obtain and maintain, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. B. 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. Developer shall provide an endorsement to City establishing that City has been legally added as an additional insured to the insurance policies required under this Agreement. C. Developer shall indemnity and hold City harmless from any and all claims, demands, actions, attorneys fees, costs, and expenses based upon or 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 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 parry in such action, in addition to any other relief and recovery awarded by the court, shall be entitled to recover all statutory costs plus reasonable attorneys fees. SECTION IX. NOTICES All notices, requests, demands, consents and other communications under this Agreement shall be in writing, including telex and facsimile transmission and shall be deemed to have been duly given on the date of service if served personally by telex or facsimile transmission or 48 hours after mailing if mailed by first class mail, registered, or certified, postage prepaid, return receipt requested, and properly addressed as follows: TO: CITY OF SAN JUAN CAPISTRANO Attention: City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 TO: Bruce Elieff SJD Partners 5109 E. La Palma, Suite D Anaheim, CA 92807 10 SECTION X. AGREEMENT RUNS WITH THE LAND This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective representatives, assigns and successors in interest. SECTION XI. ASSIGNMENTS. This Agreement may not be assigned to any third party by the Developer without written consent given by the City Council of the City. SECTION XII. ENTIRE AGREEMENT This Agreement contains the entire agreement between the parties hereto and supersedes any prior or concurrent written or oral agreement between said parties concerning the subject matter contained herein. There are no representations, agreements, arrangements or undertakings, oral or written, between or among the parties hereto relating to the subject matter contained in this Agreement which have not been fully expressed herein. SECTION XIII. INDEPENDENT AGENT At all times during the term of this Agreement, Developer shall be an independent agent and shall not be an employee of the City. City shall have the right to control Engineer only insofar as the results of Developer's services rendered pursuant to the Agreement; however,City shall not have the right to control the means by which Developer accomplishes services rendered pursuant to this Agreement. SECTION XIV. INDEMNITY Developer shall be responsible for all injuries to persons and for damages to real or personal property of the City, 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 indemnity all officers, employees and agents of City from all costs and claims for damages to real or personal property or personal injury to any third party resulting from the activity of itself, employees or its agents. SECTION XV. DEVELOPER NOT AN AGENT Except as City may specify in writing, Developer shall have no authority,express or implied,to act on behalf of the City in any capacity as an agent. Developer shall have no authority, express or implied, pursuant to this Agreement, to bind City to any obligation. 11 • .. SECTION XVI. ATTORNEYS 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 attorneys fees and costs from the other party. SECTION XVII. DEFAULT AND DISPUTE RESOLUTION Default. Failure or delay by either party to perform any term or provision of this Agreement constitutes a default under this Agreement. The party who so fails or delays must immediately commence to cure, correct or remedy such failure or delay, and shall complete such cure, correction or remedy with reasonable diligence and during any period of curing shall not be in default. The injured party shall give written notice of default to the party in default, specifying the default complained of by the injured party. If the cure of default is not commenced within fifteen (15) days after service of such notice of default, and is not cured promptly in a continuous and diligent manner within a reasonable period of time after commencement,the defaulting party shall be liable for any damages caused by such default, and the non-defaulting party may thereafter commence the dispute resolution provisions of this Agreement. Dispute Resolution. Prior to commencing a legal action to enforce the terms of this Agreement, the parties shall first employ a non-binding form of mediation through a mediation service mutually agreeable to both parties to resolve the subject dispute. SECTION XVIII. FORCE MAJEURE In the event the performance by either party of any of its obligations hereunder is delayed by reason of the act or neglect of the other party, act of God, stormy or inclement weather, strike, labor dispute, boycott, lockout or other like defensive action by such party,inability to obtain labor or materials, governmental restrictions, riot, insurrection, war, catastrophe, casualty, act of the public enemy, or any other cause,whether similar or dissimilar, beyond the reasonable control of the party from whom such performance is due, the period for the commencement or completion thereof shall be extended for a period equal to the period during which performance is so delayed. 12 ALL I URPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On October 27th, 2003 before me, Tracie Thompson, a Notary Public, personally appeared Bruce Elieff, personally known to me ( ) the person(s) whose names) is/ere subscribed to the within instrument and acknowledged to me that he/sheHHey executed the same in his{herHheir authorized capacity(ies}an that by his/her Heir signature(e)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. TRACIE THOMPSON WITNESS my hand and official seal. Commission # 1383422 Z NotaryPublic - California Orange County Signature (NOTARY SEAL) ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document, THIS CERTIFICATE MUST BE ATTACHED TO Title of Document Type: Water Facilities Agreement —SunCal Properties/Assessor's Parcels Nunbers 675-081-10; 675-081-14;666-301-12;675-361-01; 675-0081-04; 675-361-08; 675-361-06; 675-361-09 for SJD Partners,Ltd. THE DOCUMENT DESCRIBED AT RIGHT: Number of Pages 13 Signer(s)Other Than Named Above n/a PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 118 1) On November 3, 2003 before me, Margaret R. Monahan, City Clerk, personally appeared John S. Gelff, Mayor of the City of San Juan Capistrano, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the persons acted, executed the instrument. (SEAL) WITNESS my hand and official seal. Ci C rk OPTIONAL Capacity Claimed by Signer Description of Attached Document Mayor Title Water Facilities Agreement — Suncal Signer is Representing Properties Title or Type of Document The City of San Juan Capistrano September 2, 2003 Date of Document • • BOND ISSUED IN TRIPLICATE BOND NUMBER: SU5013285 PERFORMANCE BOND PREMIUM: $15,687.00 KNOW ALL MEN BY THESE PRESENTS: That SJD PARTNERS, LTD., A CALIFORNIA LIMITED PARTNERSHIP as Principal, hereinafter called CONTRACTOR, and ARCH INSURANCE COMPANY as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of ONE MILLION FIVE HUNDRED SI TY-EIGHT THOUSAND IX HUNDRED SEVENTY-TWO E NO/100 ($1 ,568,672.00)--- Dollars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated SEPTEMBER 2, 2003 , entered Into a (describe agreement): WATER FACILITIES AGREEMENT FOR 7605 RESERVOIR which contract is by reference made a part hereof; NOW THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. BE IT FURTHER RESOLVED, that: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. • 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. Executed this 17TH day of FEBRUARY 20 05 at ORANGE , California. SJD PARTNERS, LTD., A CALIFORNIA LIMITED PARTNERSHIP PRINCi AL gy; SJD DEV OPM NT CORP., A7ORPOP-ITION APPROVED AS TO FORM (NOTARIZATION AND SEAL) JO R. SHAW, CITY ATTORNEY SURETY ARCH INSURANCE COM NY BY: D.J. PICARD, ATTORNEY-IN-FACT (NOTARIZATION AND SEAL) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On 2-17-2005 before me, CYNTHIA S. WOZNEY, NOTARY PUBLIC DATE NAME,TRUE OF OFFICER-E.G.,'JANE DOE,NOTARY PUBLIC personally appeared D.J. PICARD NAME(S)OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) iskm subscribed to the within instrument and ac- knowledged to me that he/sbm thW executed the same in his/huf0tinft authorized capacity(, and that by his/herfhCnl _..,. CYNTHIAS.wO2NEY signature(s) on the instrument the person(o, r COMM.#1362259 Notary Public y or the entity upon behalf of which the < ORANGE COUNTY My Comm,Exp.June 25,2W6 person acted, executed the instrument. WITNESS my hand and official seal. SIGN RE OF NOTARY OPTIONAL Though the data below is not required by law,It may prove valuable to persons retying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER PERFORMANCE BOND TITLE OR TYPE OF DOCUMENT TME(s) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL TWO © ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: FEBRUARY 17, 2005 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(s)OR BMW(IES) N/A ARCH INSURANCE COMPANY SIGNER(S)OTHER THAN NAMED ABOVE ' • POWER OF ATTORNEY • Know All Men By These Presents: That the Arch Insurance Company,a corporation organized and existing under the laws of the State of Missouri,having its principal office in Kansas City,Missouri(hereinafter referred to as the"Company")does hereby appoint Todd M. Rohm,Cathy S. Kennedy, Sejal P. Lange, D.J. Picard and Beata A. Sensi of Orange,CA(EACH) its true and lawful Attomey(s)4n-Fad,to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety,and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note,check,draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as.binding upon the said Company as fully and amply to all intents and purposes, as if the same had;bted doly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3,2003,true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys-in4ad, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process.' This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3,2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached,shall continue to be valid and binding upon the Company. 00ML0013 00 03 03 Page 1 of 2 Printed in U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 1st day of April ,20 03 Arch Insurance Company Attested and Certified / SVrnce O� TE il SM ,111 Isu o v / 11 — Joseph S.L I,Corporate Secretary Thomas P.Luckstone,Vice President STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS I Melissa B.Gilligan, a Notary Public,do hereby certify that Thomas P.Luckstone and Joseph S.Label] personally known to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duty authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. OFFKVL SEAL MELISSA B.(,OicwwtidxyFubk cw my cwwk" February 28 2005 Me2saG7ligan, Notary Public —� My commission expires 2-213-05 CERTIFICATION I, Joseph S. Labell. Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated April 1,2003 on behalf of the person(s)as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and 1 do further certify that the said Thomas P.Luckstone,who executed the Power of Attorney as Vice President,was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, i have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this 17TH day of FEBRUARY 20 05 . Joseph S ell, Corporate Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. Branco os mlroun �q m Yp1nd Home Office:Kansas City,MO OOML0013 00 03 03 Page 2 of 2 Printed in U.S.A. ARCH Insurance Company ARCH Surety NOTICE — DISCLOSURE OF TERRORISM PREMIUM In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Arch Insurance Company is the surety. DISCLOSURE OF PREMIUM The portion of the premium attributable to coverage for terrorist acts certified under the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable insurer deductible. STATE OF CALIFORNIA ) )ss. COUNTY OF Orange 1 On February 18 , 2005 before me, Adrainne Jackman , personally appeared Bruce Elieff personally known to me (of proved to Fn n the Lass ,.fsatisf etor . e viaenee)to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. ADRAINNE JACKMAN Comm6slon#k 14"4" SignatureCILo geCowty 611MV Comm.Expka AA 3.20061 ` • • BOND ISSUED IN TRIPLICATE BOND NUMBER: SU5013285 PERFORMANCE BOND PREMIUM: $15,687.00 KNOW ALL MEN BY THESE PRESENTS: That SJD PARTNERS, LTD., A CALIFORNIA LIMITED PARTNERSHIP as Principal, hereinafter called CONTRACTOR, and ARCH INSURANCE COMPANY as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of ONE MILLION FIVE HUNDRED SIXTY-EIGHT THOUSAND SIX HUNDRED SEVENTY-TWO & NO/100 ($1 ,568,672.00)-- Dollars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated SEPTEMBER 2, 2003 entered into a (describe agreement): WATER FACILITIES AGREEMENT FOR 7605 RESERVOIR which contract is by reference made a part hereof; NOW THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. BE IT FURTHER RESOLVED, that: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. Executed this 17TH day of FEBRUARY 2005 at ORANGE , California. SJD PARTNERS, LTD., A CALIFORNIA LIMITED PARTNERSHIP PRINCIPAL BY: SJD DEVELOPMENT CORP., A L FO NIA CORPORATION APPROVED AS TO FORM (NOTARIZATION AND SEAL) qlk= JO R. SHAW, CITY ATTORNEY SURETY ARCH INSURANCE COMP Y BY: D.J. PICARD, ATTORNEY-IN-FACT (NOTARIZATION AND SEAL) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On 2-17-2005 before me, CYNTHIA S. WOZNEY, NOTARY PUBLIC DATE NAME,TITLE OF OFFICER-E.G.,'JANE DOE,NOTARY PUBLIC personally appeared D.J. PICARD NAW(S)OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the personls) whose name(s) iskmec subscribed to the within instrument and ac- knowledged to me that he/slmafthly executed the same in his/kaKAtt;edx authorized capacity4ev), and that by his/Jmemdhztx signature(s) on the instrument the person(o, or the entity upon behalf of which the personM) acted, executed the instrument. WITNESS my hand and official seal. ShNKFURE OF NOTARY OPTIONAL Though the data below is not required by law,it may prove valuable to persons retying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER PERFORMANCE BOND TITLE OR TYPE OF DOCUMENT TITIFAS) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL TWO © ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN CONSERVATOR ❑ OTHER: FEBRUARY 17, 2005 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENIrIYPES) N/A ARCH INSURANCE COMPANY SIGNER(S)OTHER THAN NAMED ABOVE • POWER OF ATTORNEY • Know All Men By These Presents: That the Arch Insurance Company,a corporation organized and existing under the laws of the State of Missouri,having its principal office in Kansas City, Missouri(hereinafter referred to as the"Company")does hereby appoint Todd M. Rohm,Cathy S. Kennedy, Sejal P. Lange, D.J. Picard and Beata A. Sensi of Orange,CA(EACH) its true and lawful Aftomey(s)in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety,and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note,check,draft or letter of credit- This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as:binding upon the said Company as fully and amply to all intents and purposes, as if the same had;beed duly executed and acknowledged by its regularly elected officers at its principai office in Kansas City,Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3,2003,true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board,the President,or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeysin-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, reoognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3,2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached,shall continue to be valid and binding upon the Company. 00ML0013 00 03 03 Page 1 of 2 Printed in U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their. authorized officers, this 1st day of April , 20 03 Arch Insurance Company Attested and Certified 5V[ance C c � m T( �4 tl sui � Joseph S.I &[,Corporate Secretary Thomas P.Luckstone,Vice President STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS I Melissa B.Gilligan, a Notary Public, do hereby certify that Thomas P.Luckstone and Joseph S.Labeil personally known to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. OFFKWL SEAL M5ISSABbl of lkut Puhic - 1J�2�/l� MY C.anmiWW F Febua 28 2005 Melissa B.Gilligan,Notary Public 7 My commission expires 2-28-05 CERTIFICATION 1, Joseph S. Labell; Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated April 1,2003 on behalf of the person(s) as listed above Is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Thomas P.Luckstone,who executed the Power of Attorney as Vice President,was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF. I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this 17TH day of FEBRUARY —.20 05 . s2sn Joseph S ell,Corporate Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. y�[anco co c wvaei[ �q �4uad Home Office:Kansas City, MO OOML0013 00 03 03 Page 2 of 2 Printed in U.S.A. ARCH Insurance Company ARCH Surety NOTICE — DISCLOSURE OF TERRORISM PREMIUM In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Arch Insurance Company is the surety. DISCLOSURE OF PREMIUM The portion of the premium attributable to coverage for terrorist acts certified under the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable insurer deductible. STATE OF CALIFORNIA ) )ss. COUNTY OF Orange ) On February 18 , 2005 before me, Adrainne Jackman , personally appeared Bruce Elieff personally known to me (or proved.o me eii_ thebasis of se is f etor . e viaenee to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature PLAUW M COMMks M N 149000 Notary Pwft•cowo ft 0MV Comm..rvr,*k jy j.2000 • • BOND ISSUED IN TRIPLICATE BOND NUMBER: SU5013285 PERFORMANCE BOND PREMIUM: $15,667.00 KNOW ALL MEN BY THESE PRESENTS: That SJD PARTNERS, LTD., A CALIFORNIA LIMITED PARTNERSHIP as Principal, hereinafter called CONTRACTOR, and ARCH INSURANCE COMPANY as Surety, hereinafter called SURETY, are held and finely bound unto the City of San Juan Capistrano, as Obliee, hereinafter called CITY, in the amount of ONE MILLION FIVE HUNDRED SIXTY-EIGHT THOUSAND IX HUNDRED SEVENTY-TWO E NO/100 ($1 ,568,672.00)--- Dollars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated SEPTEMBER 2, 2003 , entered Into a (describe agreement): WATER FACILITIES AGREEMENT FOR 7605 RESERVOIR which contract is by reference made a part hereof; NOW THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. BE IT FURTHER RESOLVED, that: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder. Executed this 17TH day of FEBRUARY 20 05 at ORANGE , California. SJD PARTNERS, LTD., A CALIFORNIA LIMITED PARTNERSHIP PRINCIPAL BY: SJD LOPMENT CORP., A I IA CORPORATION APPROVED AS TO FORM (NOTARIZATION AND SEAL) CJ& JO R. SHAW, CITY ATTORNEY SURETY ARCH INSURANCE COMPANY BY: D.J. PICARD, ATTORNEY-IN-FACT (NOTARIZATION AND SEAL) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On 2-17-2005 before me, CYNTHIA S. WOZNEY, NOTARY PUBLIC DATE NAME,TRLE OF OFFICER-E.G.,'JANE ME,NOTARY PUBLIC personally appeared D.J. PICARD , NAME(S)OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the persons) whose name(s) iskm subscribed to the within instrument and ac- knowledged to me that he/stm(thi* executed the same in his/harAtKift authorized capacity( , and that by his/tmodhBix signature(s) on the instrument the person(s), or the entity upon behalf of which the personM acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF N ARV OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this forth. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER PERFORMANCE BOND TITLE OR TYPE OF DOCUMENT Tm EM ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL TWO © ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER: FEBRUARY 17, 2005 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON($)OR EWRY(IES) N/A ARCH INSURANCE COMPANY SIGNER(S)OTHER THAN NAMED ABOVE POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company,a corporation organized and existing under the laws of the State of Missouri,having its principal office in Kansas City, Missouri (hereinafter referred to as the"Company")does hereby appoint Todd M. Rohm,Cathy S. Kennedy, Sejal P. Lange, D.J. Picard and Beata A. Sensi of Orange,CA(EACH) its true and lawful Attomey(s)min-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note,check,draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents.shall be as.binding upon the said Company as fully and amply to all intents and purposes, as if the same had beed duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City,Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3,2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board,the President, or any Vice President, or thea appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys4n-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory In the nature thereof, and any such officers of the Company may appoint agents for acceptance of process.' This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached,shall continue to be valid and binding upon the Company. OOML0013 00 03 03 Page 1 of 2 Printed in U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 1 st day of April '2003 Arch Insurance Company Attested and Certified SV�ance C o WR[ TF �O f� 1971 n / RGGG M11 `Y Joseph S.L 1,Corporate Secretary Thomas P. Luckstone,Vice President STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS I Melissa B.Gilligan, a Notary Public, do hereby certify that Thomas P.Luckstone and Joseph S.Labell personally known to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. FFWL tiElJssAet lfataryWh6c i ,-"" �11(12�� X�►'//lam M Ems Febu St*of CwNcliaA 28 2005 Melissa B.Gilligan, Notary Public 7 My commission expires 2-217-05 CERTIFICATION I, Joseph S. Labell, Comorate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated April 1,2003 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the dale thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Thomas P. Luckstone,who executed the Power of Attorney as Vice President,was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, 1 have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this 17TH day of FEBRUARY —.20 05 . Joseph S ell, Corporate Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. �V�ance Co O meolwrz a� ;cu m Y4aad Home Office:Kansas City, MO OOML0013 00 03 03 Page 2 of 2 Printed In U.S.A. � ARCH Insurance Company ARCH Surety NOTICE — DISCLOSURE OF TERRORISM PREMIUM In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Arch Insurance Company is the surety. DISCLOSURE OF PREMIUM The portion of the premium attributable to coverage for terrorist acts certified under the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable insurer deductible. STATE OF CALIFORNIA ) )ss. COUNTY OF Orange ) On February 18 , 2005 before me, Adrainne Jackman , personally appeared Bruce Elieff personally known to me (ef provedto me n N.e h-asis 84 s ti..F eter , evidenee to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. ADRAINNE JAC� 11 _ CommWbn 4F 1498198 Signature -: Navy Pubic-Cditlw oraingocourty IMV Comm.EXON Jul 3.200! MEMORANDUM May 17, 2005 TO: Meg Monahan, City Ci erl FROM: Peter Sal o, �i ivil Engineer SUBJECT: 760 ese it erf rmance Bond Attached is the Performance Bond submitted by SunCal for the construction of the feeder pipelines, storm drain, access road and other site improvements for the subject project. The submittal is in fulfillment of Section 1.C.1 of their Water Facilities Agreement with the City of San Juan Capistrano, dated September 2, 2003. The Bond has been issued for an amount equal to 110% of the construction cost of the feeder pipelines, storm drain, access road and other site improvements. Attached are three originals of the Performance Bond along with a copy of the Water Facilities Agreement between SunCal and the City of San Juan Capistrano. If you have any questions, please do not hesitate to contact me at extension 6366. BONDSUED IN TRIPLICATE BOND BER: SU5014748 PERFORMANCE BOND PREMI 4: $27,838.00 KNOW ALL MEN BY THESE PRESENTS: That SJD PARTNERS, LTD., A CALIFORNIA LIMITED PARTNERSHIP as Principal, hereinafter called CONTRACTOR, and ARCH INSURANCE COMPANY as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of TWO MI LLI ON SEVEN HUNDRED E I GHTY-THREE THOUSAND SEVEN HUNDRED NINETY-FOLK &N11100 Dollars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated entered into a (describe agreement): RESERVOIR PIPELINES, ACCESS ROAD AND STORM DRAIN LINES - 760 S. RESERVOIR which contract is by reference made a part hereof, NOW THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and void: otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. BE IT FURTHER RESOLVED, that: 1_ As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder_ Executed this 9TH day of MAY 20 OS _, at ORANGE , California. PRINCIPAL SJD PAR ERS, LTD., A ALIFORNIA LIMITED PARTNERSHIP BY: D ELOPMENT P., A CALIFORNIA CORPORATION APPROVED AS TO FORM (NOTARIZATION AND SEAL) 4kk= JO R. SHAW, CITY ATTORNEY SURETY ARCH INSURANCE COMPANY BY: D.J. PICARD, ATTORNEY-IN-FACT (NOTARIZATION AND SEAL) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On MAY 9, 2005 before me, CYNTHIA S. WOZNEY, NOTARY PUBLIC DATE NAME,TITLE OF OFFICER•E.G..'JANE DOE,NOTARY PUBIC personally appeared D.J. PICARD , NAME(S)OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(G) iskm subscribed to the within instrument and ac- knowledged to me that he/s $yc executed the same in his/#ouOtImft authorized capacity( , and that by his/ tail CYNTHIA s.wOZNEY signature(s) on the instrument the person(s), �- °� I COMM.#11362259 m :n _ NotaryPubilc-Califomla Cr, or the entity upon behalf of which the w ORANGE COUNTY personl?f�q acted, executed the instrument. My Comm.Exp.June 25,206 WITNESS my hand and official seal. SIGNATURE OF N ARV OPTIONAL Though the data below Is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER BOND TITLE OR TYPE OF DOCUMENT TITIE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL TWO © ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: MAY 9, 2005 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PER-ROWS)OR ENr7YQEs) N/A ARCH INSURANCE COMPANY SIGNER(S)OTHER THAN NAMED ABOVE STATE OF CALIFORNIA ) )ss. COUNTY OF Orange ) On May 12 2005 before me, Adrainne Jackman personally appeared Bruce Elieff personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. 7Notory ACKMAN WITNESS my hand and official seal. Commission# 14984" -i _Cal"omla Countyy omm.Exnms Jul Signature POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company,a corporation organized and existing under the laws of the State of Missouri,having its principal office in Kansas City, Missouri(hereinafter referred to as the"Company')does hereby appoint Todd M. Rohm,Cathy S. Kennedy,Sejal P. Lange, D.J. Picard and Beata A.Sens!of Orange,CA(EACH) its true and lawful Attomey(s}n-Fact,to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety,and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note,check,draft or letter of credit This aulhori does not it the same obligation to be split into two or more bonds in order to brio d ty P� i9a pl g each such bon within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents.shall be as:binding upon the said Company as fully and amply to all intents and purposes, as if the same had bz eri ditty exeeuted and acknowledged by its regularly elected officers at its principal office in Kansas City,Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3,2003,true aM accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: 'VOTED,That the Chairman of the Board, the President, or any We President,or their appointees designated in writing and filed with the Secretary, or the Secretary shah have the power and authority to appoint agents and attomeys-n-fact,. and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory In the nature thereof, and any such officers of the Company may appoint agents for acceptance of process' This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous.consent of the Board of Directors of the Company on March 3,2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors.on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached,shah continue to be valid and binding upon the Company. 00MI-0013 00 03 03 Page 1 of 2 Printed in U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 1st day of April _'2003 Arch Insurance Company Attested and Certified ��rance Q c ° °Mro6\Tr �4 e sw / Mbroad - Joseph S.LEW1,Corporate Secretary Thomas P.Luckstone,Vice President STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS 1 Melissa B. Gilligan,a Notary Public,do hereby certify that Thomas P.Luckstone and Joseph S.Label personally known to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument,appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary ad of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. OFFICIAL SE � 111 ALnaanl'xt. ,� r�n2>�i/i� "des F 282005 Melissa Gdl' ,Notary Public My commissionn expires 2-28-05 CERTIFICATION 1, Joseph S. Labell, Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated April 1,2003 on behalf of the person(s)as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Thomas P. Luckstone,who executed the Power of Attorney as Vice President,was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF. I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this 9TH day of MAY .20 05 . Joseph S ell,Corporate Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. ��rance C °0 Yyrerd Home Office:Kansas City,MO OOML0013 00 03 03 Page 2 of 2 Printed in U.S.A. ARCH Insurance Company ARCH Surety NOTICE — DISCLOSURE OF TERRORISM PREMIUM In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Arch Insurance Company is the surety. DISCLOSURE OF PREMIUM The portion of the premium attributable to coverage for terrorist acts certified under the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable insurer deductible. BOND UED IN TRIPLICATE • • BOIJD BER: SU5014748 PERFORMANCE BOND PREMIUM: $27,838.00 KNOW ALL MEN BY THESE PRESENTS: That SJD PARTNERS, LTD., A CALIFORNIA LIMITED PARTNERSHIP as Principal, hereinafter called CONTRACTOR, and ARCH INSURANCE COMPANY as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of TWO MI LLION SEVEN HUNDRED EIGHTY-THREE THOUSAND SEVEN HUNDRED NINM-FUR &NO/1OO Dollars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated , entered into a (describe agreement): RESERVOIR PIPELINES, ACCESS ROAD AND STORM DRAIN LINES - 760 S. RESERVOIR which contract is by reference made a part hereof; NOW THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. BE IT FURTHER RESOLVED, that: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder_ Executed this 9TH day of MAY 20 OS _, at ORANGE , California. PRINCIPAL J/ SJD P RS, LTD., X.CALIFORNIA LIMITED PARTNERSHIP BY: SJD VE PMEN P., A CALIFORNIA CORPORATION APPROVED AS TO FORM (NOTARIZATION AND SEAL) JOIV R. SHAW, CITY ATTORNEY SURETY ARCH INSURANCE COMPANY BY: D.J. PICARD, ATT NEY-IN-FACT (NOTARIZATION AND SEAL) 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On MAY 9, 2005 before me, CYNTHIA S. WOZNEY, NOTARY PUBLIC DATE NAME,TM-E OF OFFICER-E.G.,'JANE DOE,NOTARY PUBLIC personally appeared D.J. PICARD , NAMEJS)OF Sx3NER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person()s) whose name(s) iskm subscribed to the within instrument and ac- knowledged to me that he/sbufthW executed the same in his/hautdxft authorized capacity(, and that by his/JimmAhmix signature(s) on the instrument the personM, CYNTHIAS.362259 or the entityupon behalf of which the r V �""'` .#1362259 pn p . `" NGtary(, ,Nv;_callfornla (. personM acted, executed the instrument. HCl < . ' ORAtdGE COUNTY My Comm.Exp.June 25,2006 WITNESS my hand and official seal. S4 NATURE OF NOTARY OPTIONAL Though the data below is not required by law,it may prove valuable to persons retying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER BOND TITLE OR TYPE OF DOCUMENT Tm$(s) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL TWO ® ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: MAY 9, 2005 DATE OF DOCUMENT SIGNER IS REPRESENTING, RIME OF PERSON(S)OR ENTITY(IES) N/A ARCH INSURANCE COMPANY SIGNER(S)OTHER THAN NAMED ABOVE STATE OF CALIFORNIA ) )ss. COUNTY OF Orange ) On MU 12 , 2005 before me, Adrainne Jackman personally appeared Bruce Elieff personally known to me (of proved to fne e to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. ' ADRAINNE JACK' i _ Commlealon N 1'=' Notary pudic•CoOfomla Signature My Comm Ptresulul3,2008 POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company,a corporation organized and existing under the laws of the State of Missouri,having its principal office in Kansas City,Missouri(hereinafter referred to as the"Company")does hereby appoint Todd M. Rohm,Cathy S.Kennedy, Sejal P. Lange,D.J.Picard and Beata A.Sensi of Orange,CA(EACH) its true and lawful Attomey(s}in-Fact,to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety,and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note,check,draft or letter of crediL This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bolds and undertakings in pursuance of these presents shall be as:binding upon the said Company as fully and amply to all intents and purposes, as if the same had:been dilly executed and acknowledged by its regularly elected officers at its principal office in Kansas City,Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3,2003,true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President,or any Vice President, or their appointees designated in writing and filed with the Secretary,or the Secretary shah have the power and authority,to appoint agents and attorneys4n-fact,. and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous,consent of the Board of Directors of the Company on March 3,2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors.on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached,shah continue to be valid and binding upon the Company. 00ML0013 00 03 03 Page 1 of 2 Printed in U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 1st day of April ' 2003 Arch Insurance Company Attested and Certified gyance 0 c e CDIIhMTF �Q IFN � tln t, / �ISrOtlII Joseph S.L I,Corporate Secretary Thomas P.Luckstone,Vice President STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS 1 Melissa B.Gilligan,a Notary Public, do hereby certify that Thomas P.Luckstone and Joseph S. Label[personally known to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duty authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth,. 01n MELISSA B.(;XLIOAN,Motan P'b St*Of C nadiait /^ February 2005 My B.�Gilligan, Notary Public My commission expires 2-28-05 CERTIFICATION 1, Joseph S. Labell. Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated April 1,2003 on behalf of the person(s)as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Thomas P.Luckstone,who executed the Power of Attorney as Vice President,was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this 9TH day of MAY .20 05 . Joseph S ell,Corporate Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. CyVf MCe Co m.,awn ao s a�. ti 1511111 Home Office:Kansas City,MO OOML0013 00 03 03 Page 2 of 2 Printed in U.S.A. f ARCH Insurance Company ARCH Surety NOTICE — DISCLOSURE OF TERRORISM PREMIUM In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Arch Insurance Company is the surety. DISCLOSURE OF PREMIUM The portion of the premium attributable to coverage for terrorist acts certified under the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable insurer deductible. BON UED IN TRIPLICATE 1 • BON BER: SU5014748 PERFORMANCE BOND PREMIUM: $27,838.00 KNOW ALL MEN BY THESE PRESENTS: That SJD PARTNERS, LTD., A CALIFORNIA LIMITED PARTNERSHIP as Principal, hereinafter called CONTRACTOR, and ARCH INSURANCE COMPANY as Surety, hereinafter called SURETY, are held and firmly bound unto the City of San Juan Capistrano, as Obligee, hereinafter called CITY, in the amount of TWO Mi LLION SEVEN HUNDRED EIGHTY-THREE THOUSAND SEVEN HUNDREDWETY-W &NO/1OODollars for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. WHEREAS, Contractor has by written agreement dated entered into a (describe agreement): RESERVOIR PIPELINES, ACCESS ROAD AND STORM DRAIN LINES - 760 S. RESERVOIR which contract is by reference made a part hereof; NOW THEREFORE, the condition of this obligation is such that, if Principal shall promptly and faithfully perform said agreement, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives whatever legal right it may have to require that a demand be made first against the principal in the event of default. BE IT FURTHER RESOLVED, that: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations, or modifications of the contract documents or of work to be performed thereunder_ Executed this 9TH day of MAY 20 Os _, at ORANGE , California. PRINCIPAL SJD PA ERS, LTD., VLIFORNIA LIMITED PARTNERSHIP BY: JD ELOPMENT A CALIFORNIA CORPORATION APPROVED AS TO FORM (NOTARIZATION AND SEAL) JO R. SHAW, CI YYATT0R-NE Y SURETY ARCH INSURANCE COMPA BY: D.J. PICARD, ATTORNEY-IN-FACT (NOTARIZATION AND SEAL) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On MAY 9, 2005 before me, CYNTHIA S. WOZNEY, NOTARY PUBLIC DATE NAME,TIRE OF OFRCER-E.G.'JANE DOE,NOTARY PUBLIC personally appeared D.J. PICARD NAMES)OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(6) whose names) isdm subscribed to the within instrument and ac- knowledged to me that he/shufthW executed the same in his/haa authorized capacity(, and that by his/ h>atx signature(s) on the instrument the person(s), or the entity upon behalf of which the - personM) acted, executed the instrument. WITNESS my hand and official seal. SMVTURE OF NOTARY OPTIONAL Though the data below is rat required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this forth. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER BOND (S) TITLE OR TYPE OF DOCUMENT TnIE ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL TWO ® ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: MAY 9, 2005 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONS)OR ENTITY(IES) N/A ARCH INSURANCE COMPANY SIGNER(S)OTHER THAN NAMED ABOVE STATE OF CALIFORNIA ) )ss. COUNTY OF Orange ) On May 12 , 2005 before me, Adrainne Jackman personally appeared Bruce Elieff personally known to me (er to me e " to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. 4984 1 1 WITNESS m hand d official l. AD INE A my anoseacommission+Y 1498498 0My Notary Public •Califomia orange County Signature comm.expires Jui 3,20913? POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company,a corporation organized and existing under the laws of the State of Missouri,having its principal office in Kansas City,Missouri(hereinafter referred to as the"Company")does hereby appoint Todd M. Rohm,Cathy S.Kennedy,Sejal P. Lange, D.J. Picard and Beata A.Sensi of Orange,CA(EACH) its true and lawful Attomey(s}in-Fact,to make, execute, seat, and deliver from the date of issuance of this power for and on its behalf as surety,and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note,check,draft or letter of credit This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shah be as:binding upon the said Company as fully and amply to all intents and purposes,as if fife same hadbe d6ly executed and acknowledged by its regularly elected officers at its wiricipal office in Kansas City,Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3,2003,true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED,That the Chairman of the Board, the President,or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shah have the power and authority to appoint agents and attomeys4n-fact,. and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizanGes, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process.' This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous_consent of the Board of Directors of the Company on March 3,2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors.on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached,shah continue to be valid and binding upon the Company. 00ML0013 00 03 03 Page 1 of 2 Printed in U.S.A. In Testimony Whereof, the Company has caused this Instrument to be signed and its corporate seal to be affixed by their authorized officers, this 1st day of April 20 03 Arch Insurance Company Attested and Certified 60rance C c G M OO�IOIUTr �4 1)I1 t. ltsroud Joseph S.L I, Corporate Secretary Thomas P.Luckstone,Vice President STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS I Melissa B.Gilligan, a Notary Public,do hereby certify that Thomas P.Luckstone and Joseph S.Label personally known to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Company, a Corporation organized and existing under the taws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duty authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary ad of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. SFA =slm xpxesPublicWk dCV'n Melissa B.Gilligan,Notary Public - t EFebuxy28'2lOS My commission expires 2-28-05 CERTIFICATION I, Joseph S. Labell; Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated April 1,2003 on behalf of the person(s)as listed above is awe and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Thomas P.Luckstone,who executed the Power of Attorney as Vice President,was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seat of the Arch Insurance Company on this 9TH day of MAY 120 05 . Joseph S ell,Corporate Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. - yVTance C c � ) t Ylsre)d Home Office:Kansas City, MO OOML0013 00 03 03 Page 2 of 2 Printed in U.S.A. J ARCH Insurance Company ARCH Surety NOTICE — DISCLOSURE OF TERRORISM PREMIUM In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Arch Insurance Company is the surety. DISCLOSURE OF PREMIUM The portion of the premium attributable to coverage for terrorist acts certified under the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable insurer deductible. • BOND ISSUED IN TRIPLICATE BOND NO. SU5010973 ` PREMIUM: $4,150.00 KNOW ALL MEN 13Y THESE PRESENTS: That Wa SJD PARTNERS, LTD.. A CALIFORNIA LIMITED PN2ITFSiIP as Principal,and ARCH INSURANCE COMPANY Corporation, created, crganized, and existing and by virtue of the laws of the State pf MISSOURI , duty licensed to transact a general surety business In the State of California,as surety,are held and firmly bound to the CITY OF SAN JUAN CAPISTRANO,County of Orange.State of California, In the sum of $ 415,030.00--- DOLLARS, lawful money of the United States of America,to be paid to the said City for which payment well and truly to bemadewe bind ourselves, our heirs,executors and successors,jointly and severely. THE CONDITION OF THE FOREGOING OBLIGATION Is such that whereas the above bounden Principal has agreed to do and perform the foilowing,to-wit: Construct and Install all of the water facilities pursuant to Agreement for Construction of Water Facilities entered into on . 200,by and between CITY OF SAN JUAN CAPISTRANO.and SJD PARTNERS, LTD., A CALIFORNIA LIMITED PARTNERSHIP .acopy ofwhich Is attached hereto and made a part hereof, 1. As a part of the obligation secured hereby,and In addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable allomeO fees. Incurred by City of San Juan Capistrano in successfully enforcing such obligation,ad to be fazed as costs and Included in any judgment rendered. Z. Sold surety,for value received,hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shad in any way affect its obligations or this bond, and it does hereby waive notice of any such change,extension of time,alterations or modifications of the contract documents or of work to be performed thereunder. NOW,THEREFORE,the condition of this obligation is such that if the bounden Principal shall,to the satisfaction of the CTIY OF SAN JUAN CAPISTRANO faithfully and properly perform all of the work described In said Agreement and In accordance with the plans and specifications approved for said work and shall pay all sums due for all damages suffered by said City by reason of faulty or defective work or the carelessness or negligence of said Principal and for the completion of any work not satisfactorily or properly performed In accordance with the Agreement between City and TRACTNO. 15609 DATE OCTOBER 5, 2004 BOND NO. Su5010973 Principal,and guarantee all work Tor a period of one year after acceptance in accordance with said Agreement, then, at the expiration of said guarantee period, this obligation shall be null and void, otherwise to remain in full force and effect IN WITNESS WHEREOF said Principal and Surety have caused this bond to be executed by their officers thereunto duly authorized this 5TH day of OCTOBER _2004, SJD PARTNERS, LTD., A CALIFORNIA LIMITED PARTNERSHIP PRINCIPA • BY: SJD DEVELOPMENT CORP., A CALIFORNIA CORPORATION (SEAL) By: SURETY. �RCH 1 RANCE COMPANY AR U 7 NY i�(SEAL) By: Attomeyin act , D.J. PICARD The premium on this bond is Mailing Address of Surety: 4,150.00--- 135 N. LOS ROBLES AVENUE #825 PASADENA, CA 91101 APPROVED AS TO FORM By t! John S aw,City Atfnmey (Executed In Triplicate) 0 STATE OF CALIFORNIA ) )ss. COUNTY OF Orange ) On October 7 , 2004 before me, Niki Whitney personally appeared Bruce Elieff personally known to me (eF preved to Hie en the basis of salisfaeiefy evidenee to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. NIVJ WHITNEY Commission#1426145 .-si Notary Public-California Signature �� �� L orange count 0'MV Comm.Expires Jun 23,2007 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On OCTOBER 5, 2004 before me, CYNTHIA S. WOZNEY, NOTARY PUBLIC DATE NAME,TM-E OF OFFICER-E.G..'JANE DOE,NOTARY PUBLIC personally appeared D.J. PICARD NAMES)OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the persons) whose name(G) iskm subscribed to the within instrument and ac- knowledged to me that he/sb a thi* executed the same in his/harAtleft authorized capacity(, and that by his/imnikulz signature(s) on the instrument the personM, or the entity upon behalf of which the personM acted, executed the instrument. WITNESS my hand and official seal. SIGNA RE OF NOTAR OPTIONAL Though the data below is not required by law,it may prove valuable to persons retying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER BOND TITLE OR TYPE OF DOCUMENT TM EM ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL TWO ® ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: OCTOBER 5, 2004 DATE OF DOCUMENT SIGNERISryR�E� PRESENTING: ME NAOF PERSON(S)OR 90M(IES) N/A ARCH INSURANCE COMPANY SIGNER(S)OTHER THAN NAMED ABOVE POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company,a corporation organized and existing under the laws of the State of Missouri,having its principal office in Kansas City, Missouri(hereinafter referred to as the"Company")does hereby appoint Todd M. Rohm, Cathy S. Kennedy, Sejal P. Lange, D.J. Picard and Beata A. Sensi of Orange,CA(EACH) its true and lawful Attomey(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surely, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note,check,draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as.binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowiedged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and aftomeys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached,shall continue to be valid and binding upon the Company. OOMLOO13 00 03 03 Page 1 of 2 Printed in U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 1st day of April , 20 03 Arch Insurance Company Attested and Certified since C 0 CWN U �Oy a SELL Joseph S.L I, Corporate Secretary Thomas P. Luckstone,Vice President STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS I Melissa B. Gilligan, a Notary Public, do hereby certify that Thomas P. Luckstone and Joseph S. Labell personally known to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. AL 'tis"8� "oto We �Bnn2�o /lr • Febu Me � Z� lissa . Gilligan, Notary Public '/ My commission expires 2-28-05 CERTIFICATION I, Joseph S. Labell. Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated April 1,2003 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Thomas P. Luckstone,who executed the Power of Attorney as Vice President,was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this 5TH day of OCTOBER '2004 Joseph S ell, Corporate Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. � •n t Yqurd Home Office:Kansas City, MO 00ML0013 00 03 03 Page 2 of 2 Printed in U.S.A. • --J ARCH Insurance Company ARCH Surety NOTICE — DISCLOSURE OF TERRORISM PREMIUM In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Arch Insurance Company is the surety. DISCLOSURE OF PREMIUM The portion of the premium attributable to coverage for terrorist acts certified under the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable insurer deductible. • BOND ISSUED IN TRIPLICATE BOND NO. SU5010973 PREMIUM: $4,150.00 KNOW ALL MEN BY THESE PRESENTS: Thetwe SJD PARTNERS, LTD., A CALIFORNIA LIMITED PAWNSHIP as Principal,and ARCH INSURANCE COMPANY Corporation, created, orgaNzed, and existing and by virtue of the laws of the State of M I ssOuR I , duly licensed to transact s general surety business In the State of CaUfomia,as surety,are held and firmly bound to the CITY OF SAN JUAN CAPISTRANO,County of Orange,State of California, In the sum of $ 415,030.00--- DOLLARS, lawful money of the United States of America,to be paid to the said City for which payment well and truly to bemade we bind ourselves, our heirs,executors and successors,jointly and severely. THE CONDITION OF THE FOREGOING OBLIGATION Is such that whereas the above bounden Principal fres agreed to do and perform the following,to-oft Construct and install all of the water faciffties pursuant to Agreement for Construction of Water Facilities entered into on 200,by and between CITY OF SAN JUAN CAPISTRANO.and SJD PARTNERS, LTD., A CALIFORNIA LIMITED PARTNERSHIP a copy of which Is attached hereUD and made a part hereof. 1. As a part of the obligation secured hereby,and In addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable allomey's fees, Incurred by City of San Juan Capistrano in suceessfuly enforcing such obligation,all to be taxed as conte and Included In any judgment rendered. 2. Said surety,for value received,hereby stipulates and agrees that no change,extension of time, alter allon, or modification of the contract documents or of the work to be Performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change,extension of time,alterations or modifications of the contract documents or or work to be performed thereunder. NOW,THEREFORE,the condition Of this obligation le such that if the bounden Principal shall,to the satisfaction of the CTIY OF SAN JUAN CAPISTRANO faithfully and properly perform all of the work described In said Agreement and in accordance with the plans and specifications approved for said work and shall pay all sums due for all damages suffered by said City by reason of faulty or defective work or the carelessness or negligence of said Principal and for the completion of any work not satisfactorily or properly performed In accordance with the Agreement between City and 0 TRACT NO. 15609 OATS OCTOBER 5, 2004 BOND NO. SU5010973 Principal,and guarantee all work for a period of one year after ecceptanoe in accordance with said Agreement, then, at the expiration of said guarantee Period, this obligation shall be null and void; otherwise Eo remain in full force and effect IN WITNESS WHEREOF said Principal and Surety have caused this bend to be axecutad by theUoffloerst%lereu+Noduiyauttwrkedthis STH dayof OCTOBER 200 4. SJD PARTNERS, LTD., A CALIFORNIA LIMITED PARTNERSHIP PRINCIPA BY- SJD DEVELOPMENT CORP., A CALIFORNIA CORPORATION (SEAL) By: SURETY* RCy N URANCE COMPANY (SEAL) ARC UF�1NG N9 By: Attomey In Fact , D. . P I CARD The premkim on this bond is Malling Address of Surety: 135 N. LOS ROBLES AVENUE #825 PASADENA CA 91101 APPROVED AS TO FORM John aw,City Aftnmey (Execut6d in Triplicate) STATE OF CALIFORNIA ) )ss. COUNTY OF Oranl?e ) On October 7 2004 before me, Niki Whitney personally appeared Bruce Elieff personally known to me(or proved to fne on the basis of safisfaetei5, evidenee) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. MM WHITNEY Cammbsbn#1426145 Signature (( Orape Countyrola MVComm.ExPIM Jun 23,2007 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On OCTOBER 5, 2004 before me, CYNTHIA S. WOZNEY, NOTARY PUBLIC DATE NAME,TITLE OF OFFICER-E.G.,'JANE WE.NOTARY PUBLIC personally appeared D.J. PICARD MME(S)OF SIGNERS) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person0s) whose names) iskm subscribed to the within instrument and ac- knowledged to me that he/sfm(ttW executed the same in hist authorized i capacity( , and that by his/tmmfthx9x signature(s) on the instrument the personN, or the entity upon behalf of which the personM acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF Ni Arir OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER BOND TITLE OR TYPE OF DOCUMENT TMEtst ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL TWO ® ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: OCTOBER 5, 2004 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSW%OR94TMQ ) N/A ARCH INSURANCE COMPANY SIGNER(S)OTHER THAN NAMED ABOVE POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company,a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City,Missouri(hereinafter referred to as the"Company")does hereby appoint Todd M. Rohm, Cathy S. Kennedy, Sejal P. Lange, D. J. Picard and Beata A. Sensi of Orange,CA(EACH) its true and lawful Attomey(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note,check,draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as:binding upon the said Company as fully and amply to all Intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City,Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3,2003,true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys4n-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory In the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached,shall continue to be valid and binding upon the Company. 00ML0013 00 03 03 Page 1 of 2 Printed in U.S.A. In Testimony Whereof,the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 1st day of April , 20 03 Arch Insurance Company Attested and Certified SyaeCe Q c e m Te �O sm nn Joseph S.1-64 Corporate Secretary Thomas P. Luckstone,Vice President STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS I Melissa B. Gilligan, a Notary Public, do hereby certify that Thomas P.Luckstone and Joseph S. Labell personally known to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. OFFKML SEAL WAJSSA BSl akdcGm,Nott��` ��1�— M �Evm FcW Melissa B.Gilligan, Notary Public My commission expires 2-28-05 CERTIFICATION I, Joseph S. Labell. Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated April 1.2003 on behalf of the person(s)as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and 1 do further certify that the said Thomas P.Luckstone,who executed the Power of Attorney as Vice President,was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this 5TH day of OCTOBER ,2004 52SQ�" -- Joseph S ell, Corporate Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. IbV�Ce CO CMNGTF �� e „µ Yleeetld Home Office:Kansas City, MO OOML0013 00 03 03 Page 2 of 2 Printed in U.S.A. 0 ARCH Insurance Company ARCH surety NOTICE — DISCLOSURE OF TERRORISM PREMIUM In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Arch Insurance Company is the surety. DISCLOSURE OF PREMIUM The portion of the premium attributable to coverage for terrorist acts certified under the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable insurer deductible. E(MM DDYVVV)00-0-D CERTIFICAT F LIABILITY INSURAN CSACR lSUNCL04 02 04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Rohm Insurance Agency HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 26 Plaza Square, Suite 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Orange CA 92866 ' Phone: 714-516-2960 Fax:714-516-2965 INSURERS AFFORDING COVERAGE NAIC# INSURBD INSURER A. Evanston Insurance Company INSURER B: Hartford Casualty Ins. Co. SJD PARTNERS, LTD INSURER C: Hartford Fire Ins. Compare 2392 Norse Avenue INSURERD: Ins Co of the State of PA Irvine CA 92614 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAV HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER Lro_I V EFF E P LI TI N i DATE MM/ODIYY DATE MMIDD LIMITS GENERAL LIABILITYEACHOCCURRENCE $ 1,000,000 GITO A X COMMERCIAL GENERAL LIABILITY 03GLP1003817 12/05/03 12/05/04 PREMISES(Eaoccurence) $ 50,000 CLAIMSMADE X OCCUR MED EXP(Any one person) $ 5,000 � i PERSONAL&ADVINJURY $1,000,000 GENERALAGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG I $ 1,000,000 POLICY X PRO LOC ECT AUTOMOBILE LIABILITY COMBINED LE LIMIT $ 1,000,000 B ' X ANY AUTO 172IIECRF4276 04/04/04 04/04/05 (Ea accitlene,,t) q ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIREOAUTOS BODILY INJURY ; X NON-OWNED AUTOS (Per accident) $ [PROPPROPERTY DAMAGE $ ERTY GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN _FA ACC $ AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ 5,000,000 D X OCCUR CLAIMS MADE 42041265 01/29/04 12/05/04 AGGREGATE $ 5,000,000 $ DEDUCTIBLE $ RETENTION $ $ NSATION AND TORY LIMITS ER EMPLOYERS LIABILITY ANY PROPRIETOR/PARTNEWEXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L.OI SEASE-EA EMPLOYEE $ Ii es,tlescnbe antler SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ pTHER C Tnstl Fltr Spec Fm 72UUMIL7295 02/11/04 02/11/05 $10MM MAX $10MM OCCUR $1MM FLOOD LIMIT $100,000 DED FLOOD $5000. DED SPEC FORM DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS *EXCEPT 10 DAYS FOR NON PAYMENT OF PREMIUM CERTIFICATE HOLDER IS NAMED ADDITIONAL INSURED LIABILITY ONLY PER THE ATTACHED ENDORSEMENT. RE: PACIFIC POINT CERTIFICATE HOLDER CANCELLATION CAP I STR SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF SAN JUAN CAPISTRANO DATE THEREOF,THE ISSUING INSURER WILL"'^`QAQRZQ&UJL *30 DAVSWRITTEN CAPISTRANO VALLEY WATER DIST NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ATTN: CRAIG HARRIS 32400 PASEO ADELANTO SAN JUAN CAPISTRANO CA 92675 REPRESENTATIVES. AUTHORR E RE NTATIVE 7J�J ;vt. / ACORD 25(2001108) 47 UACORD CORPORATION 1988 deft �, • �tq MEMBERS OF THE CITY COUNCIL 1 DIANE L.BATHGATE JOHN S.DELFT V i% WYATT HART 32400 PASEO ADELANTO JOE SOTO SAN JUAN CAPISTRANO,CA 92675 (949)493-1171 MAIMED (96) DAVID M.SWERDLIN (949)493.1053 FAX 1776 ♦ ♦ CITY MANAGER W W W SQttft[ClYJCatIlSIYQYi O.Org � DAVE ADAMS March 2, 2004 SJD Partners, LTD 5109 E. La Palma #D Anaheim, CA 92807 RE: Compliance with Insurance Requirements — Improvement/Reimbursement Agreement for Tract 15658/TTM 14196; water Facilities Agreement to Serve Tract 14196 The following insurance document is due to expire: ✓ Automobile Liability Certificate 04/04/2004 Please submit updated documentation to the City of San Juan Capistrano, attention City Clerk's office, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 by the above expiration d e. If yrfi i have any questions, please contact me at (949) 443-6309. r a ra Ma cc: Sam Shoucair, Senior Engineer Dawn M. Schanderl, Administrative Assistance San Juan Capistrano: Preserving the Past to Enhance the Future ACORi2 CERTIFICATERIF LIABILITY INSURANN OP ID SDATE(MM/DD/YYYY) SUNCALl 111 12/08/03 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Rohm Insurance Agency HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 Plaza Square, Suite 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Orange CA 92866 phone: 714-516-2960 Fax:714-516-2965 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Evanston Insurance CO an INSURER B. Hartford Casualt Ins. Co. SJD PARTNERS, LTD INSURER C. Hartford Fire Ins, Cc an 2392 Morse Avenue INSURER D. Irvine CA 92614 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICDATEYIEFFECTIVE MMIDDIYY DATE MMIDDIYY 1 ATI LTR NSR7GP INSURANCE POLICY NUMBER LIMITS TY EACH OCCURRENCE $ 1,000,000 A L GENERAL LIABILITY 03GLP1003817 12/05/03 12/05/04 PREMISES n(Ealou�nce) $ 50,000 MADE O OCCUR MED EXP(Any one parson) $ 51-000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 E LIMIT APPLIES PER'. PRODUCTS-COMP/OP AGG $ 1,000,000 PRO LOC JECT AUTOMOBILE LIABILITY (EOOO OOO COMBINED SINGLE LIMIT $ 1 B ANY AUTO 72UECKF4276 04/04/03 04/04/04 a accident) r r ALL OWNED AUTOS BODILY INJURY $ X SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GAR AGE LIABILITY I,...,`)� - -" - "- AUTO ONLY-EA ACCIDENT $ ANY AUTO It II + OTHER THAN EA ACC $ V (,_• AUTO ONLY. AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ I OCCUR EllCLAIMS MADE �'-'-- I AGGREGATE $ Pu!?.IC ivn% $ DEDUCTIBLE $ RETENTION $ $ WC STA WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE P EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER C Instl Fltr Spec Fm 72LTUMIL7295 02/11/03 02/11/04 $10MM MAX $10MM OCCUR $1MM FLOOD LIMIT $100,000 DED FLOOD $5000 DED SPEC FORM DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS *EXCEPT 10 DAYS FOR NON PAYMENT OF PREMIUM CERTIFICATE HOLDER IS NAMED ADDITIONAL INSURED LIABILITY ONLY PER THE ATTACHED ENDORSEMENT. RE: PACIFIC POINT CERTIFICATE HOLDER CANCELLATION CAPISTR SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF SAN JUAN CAPISTRANO DATE THEREOF,THE ISSUING INSURER WILL EMBE#YBR*0 MAIL *30 DAYSWRITTEN CAPISTRANO VALLEY WATER DIST NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,iYT fAILYf6G TC DO$"""" ATTN: CRAIG HARRIS 32400 PASEO ADELANTO w 11NOMPON;I 1E ITS AGE!ITS R SAN JUAN CAPISTRANO CA 92675 AUTHO D REP ESENTATIVE ACORD 25 (2001/08) 0 ACORD CORPORATION 1 INSURED: SJD Partners, LTD 12/5/03 INSURANCE COMPANY: Evanston Insurance Company POLICY NUMBER: 03GLP 1003817 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERGAE PART SCHEDULE Name of Person or Organization: AS PER WRITTEN CONTRACT (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) WHO IS AN INSURED (Section Il) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work" for that insured by or for you. "Insureds are advised that certificates of insurance should be used only to provide evidence of insurance in lieu of an actual copy of the applicable insurance policy. Certificates should not be used to amend, expand, or otherwise alter the terms of the actual policy." ICO2490501 CERTHOLDER COPY SP STATE P.O. BOX 807, SAN FRANCISCO,CA 94142-0807 COMPENSATION - INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 12-05-2003 GROUP: POLICY NUMBER: 1510210-2003 CERTIFICATE 10: 85 CERTIFICATE EXPIRES: 12-05-2004 12-05-2003/12-05-2004 CAPISTRANO VALLEY WATER DISTRICT SP JOe: PACIFIC POINT ATTN: NANCY BERNEY 32450 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days' advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein, Notwithstanding any requirement, term, or condition of any contract or other document.. .. with respect to which this certificate of insurance may be 'issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. .AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000.00 PER OCCURRENCE. ENDORSEMENT X2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 12-OS-2003 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. - n p C c: c i77 ZK fV r cl Cr in? C EMPLOYER -LEGAL NAME SUNCAL COMPANIES C x C INC 5109 E Lk PALMA AVE STE D LB/L - SUNCAL OAK JALLEY,LLC x ANAHEIM CA 92807 4 119E v. - pollTr-n,. ..it-17-2009 ae a •a a MEMBERS OF THE CITY COUNCIL DIANE L BATHGATE %i JOHN S.GELFF WYATTHART �i JOESOTO 32400 PASEO ADELANTOis�L, 11[111111if1 DAVID M.SWERDLIN SAN JUAN CAPISTRANO, CA 92675 [y111[ISIII 1 f961 (949) 493-1 171 1776 (949) 493-1053 (FAX) 0 INTERIM CITY MANAGER ivwiv.sanjuancapistranO.Org PAMELAGIBSON November 4, 2003 SJD Partnership 5109 E. La Palma #D Anaheim, CA 92807 RE: Compliance with Insurance Requirements – Improvement/Reimbursement Agreement for Tract 15658/TTM 14196/W ater Facilities Agreement to Serve Tract 14196 The following insurance documents are due to expire: ✓ General Liability Certificate 12/05/03 ✓ General Liability Endorsement Form naming the City of San Juan Capistrano as additional insured. n ,, ✓ Workers Compensation Certificate 12/05/03 -- I n U-"— Please submit updated documentation to the City of San Juan Capistrano, attention City Clerk's office, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 by the above expi tionFifyo any questions, please contact me at (949)443-6309. Sinc-r , ria Gue Secretary cc: Craig Harris, Assistant Engineer Kathleen Springer, Management Analyst I Amy Amirani, Public Works Director Sam Shoucair, Senior Engineer Dawn Schanderl, Administrative Assistant San Juan Capistrano: Preserving the Past to Enhance the Future ACORDL CERTIFIC F OF LIABILITY INS NCFS COF AL S DATE(MM 8/0 UNALl 03/18/03 PRODUFE qw THIS CERTIFICATE ISIS -D ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Rohm Insurance Agency HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 26 Plaza Square, Suite 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Orange CA 92866 Phone:714-516-2960 Fax:714-516-2965 INSURERS AFFORDING COVERAGE INSURED INSURER A: EVanS tOn IASULB.ACe COm an INSURER B: Hartford Casualty Ins. Co. SJD PARTNERS, LTD INSURER C: Hartford Fire Ins. Com an 5109 E. La Palma Ave. , Ste D INSURER D: Anaheim CA 92807 NSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY) DATE MM/DD LIMITS POLICYEFFECTIVE POLICY GENERAL LIABILITY EACH OCCURRENCE $1,000,000 A X COMMERCIAL GENERAL LIABILITY 02GLP1003817 12/05/02 12/05/03 FIRE DAMAGE(Any one fim) s 50,000 CLAIMS MADE OX OCCUR MED EXP(My ane Person) S 5,000 PERSONAL B ADV INJURY $1,000,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PROQUCTS-COMWOPAGG $1,000,000 POLICYFX PRO- ECT JLOC AUTOMOBILE LIABILITY 8 ANYAUTO 72UECKF4276 04/04/03 04/04/04 (EaCOMBINED SINGLE LIMIT $1,000,000 CO accident) ALL OWNED AUTOS BODILY INJURY $ X SCHEDULED AUTOS (Pe<person) X HIRED AUTOS BODILY INJURY $ X NON-OW NEO AUTOS (Per aaidenq PROPERTYDAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY,EA ACCIDENT $ ANY AUTO OTHERTHAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND TORYLIMITS ER EMPLOYERS'LABII E.L.EACH ACCIDENT $ E.L.DISEASE-EA EMPLOYE $ E.L.DISEASE-POLICY LIMB I$ OTHER C Instl Fltr Spec Fm 72UUMIL7295 02/11/03 02/11/04 $10MM MAX $10MM OCCUR $IMM FLOOD LIMIT $100,000 DED FLOOD $5000 DED SPEC FORM DESCRIPTION OF OPERATK)NSILOCATK)NSNEHICLESIEXCLUSIONS ADDED By ENDORSEMENTISPECIAL PROVISIONS *EXCEPT 10 DAYS FOR NON PAYMENT OF PREMIUM CERTIFICATE HOLDER IS NAMED ADDITIONAL INSURED LIABILITY ONLY PER THE ATTACHED ENDORSEMENT. RE: PACIFIC POINT CERTIFICATE HOLDER Y I ADDITIONAL INSURED;INSURER LETTER: CANCELLATION / CAP I STR SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF SAN JUAN CAPISTRANOle DATE THEREOF,THE ISSUING INSURERWILL EMDSWOR"%WL *30 DAYSWRTREN CAPISTRANO VALLEY WATER DIST NOTICETOTHE CERTIFICATE HOLDER NAMED TO THE LEPT,BW*FO IWRE 46,�WALL ATTN: CRAIG HARRIS I AGENTS OR 32400 PASEO ADELANTO SAN JUAN CAPISTRANO CA 92675 AUTHORIZED REPRESENTATIVE ACORD 25-S(7197) ©ACORD CORPORATION 1988 INSURED: SJD Partners,LTD 12/5/02 INSURANCE COMPANY: Evanston Insurance Company POLICY NUMBER: 02GLP1003817 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERGAE PART SCHEDULE Name of Person or Organization: AS PER WRITTEN CONTRACT (If no entry appears above,information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule,but only with respect to liability arising out of"your work" for that insured by or for you. "Insureds are advised that certificates of insurance should be used only to provide evidence of insurance in lieu of an actual copy of the applicable insurance policy. Certificates should not be used to amend, expand, or otherwise alter the terms of the actual policy." ICO2490501 • • - *- 'ATE HOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE DECEMBER 27, 2002 GROUP: POLICY NUMBER: 1610210-2002 CERTIFICATE ID: 156 CERTIFICATE EXPIRES: 12-05-2003 12-05-2002/12-05-2003 CITY OF SAN JUAN CAPISTRANO CAPISTRANO VALLEY WATER DISTRICT ATTN: CRAIG HARRIS 32400 PASEO ADELANTO SAN JUAN CAPISTRANO CA 92675 RE: PACIFIC POINT This is to certify that we have issued a valid Worker's Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend,extend or alter the coverage afforded by the policies listed herein.Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain,the insurance afforded by the policies described herein is subject to all the terms,exclusions,and conditions,of such policies. AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 12-05-2002 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER C W C INC DBA: SJD PARTNERS, LTD. 5109 E LA PALMA AVE STE D ANAHEIM CA 92807 SCIF 10266 rEPF-Ul:BO 1 CALIDRNIA PRELIMINARY NWICE 47244 IN ACCORDANCE WITH SECTION 3097 AND 3098, CALIFORNIA CIVIL CODE THIS IS NOT A LIEN, THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR YOU ARE HEREBY NOTIFIED THAT . . . pp 4829477/15481 L E��f�E6Vnland Concrete Enterprises Inc. (name of person or firm furnishing labor, services, equipment or E CONSTRUCTION LENDER or 1004 JUN _ material) Reputed Construction Lender, if any P 32®7 Rubidoux Blvd. N U1j ' 1, -. .. (address of person or firm furnishing labor, services, SAN JUA0 �i .i,_' FISTR!'4�'Verside, CA 92509-2144 D , equipment or material)) None Given has furnished or will furnish labor, services, equipment or Ematerials of the following general description: Sewer Manhole Sub—Contractor R (general description of the labor, services, equipment or material furnished or to be furnished) for the building, structure or other work of improvement located at:Pacific Point Sewer Storm Drain (address or description of job site OWNER or PUBLIC AGENCY 32941 Canino Capistrano or Reputed Owner (on public work) sufficient for identification) (on private work) San Juan Capistrano, CA CThe name of the person or firm who contracted for the purchase of such labor,services, equipment or material is: 0 City of Sao Juan Capistrano 32400 Pasao Adelanto Valverde Construction Inc. P San Juan Capistrano, CA 92675 10936 Shoemaker Avenue 4a-,ta Fa Sprin,q, ('A 90fi711 Job 'k803 YAn estimate of the total price of the labor, services equipment or materials furnished or to be furnished is: $ 38,000.00 Attention: Subcontractors Section 3097 requires that it you give this notice and you have failed to pay all compensation due to your laborers on the job,this notice shall also contain the ORIGINAL CONTRACTOR or identity and address of any laborer and any express bust fund to whom employer Reputed Contractor, if any payments are due. NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor,services,equip- ment, or materials furnished or to be furnished, a mechanic's lien leading to the loss, through court Valverde Construction Inc, foreclosure proceedings,of all or part of your property 10936 Sho,eaiaker Avenue being so improved may be placed against the property Santa Fe Springs, CA '9Q670 even though you have paid your contractor in full. You ma wish to protect yourselfagainst this consequence by�1)requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor or(2)any other method or devicethat is appropriate underthe circumstances.Other than residential homeowners of dwellings containing fewer than five units,private project owners must notity the original contractor and any lien claimant who has SUBCONTRACTOR with whom claimant provided the owner with a preliminary 20-day lien notice has contracted in accordance with Section 3097 of the Civil Code that a notice of completion or notice of cessation has been recorded within 10 days of its recordation.Notice shall be by registered mail, certified mail, or first-class mail, evidenced de a lines o re o mailing.Failure to notity will ' extend the deadlines to record a In. Dated: May 10. 2004 X �5" . . signature Barbara Christman ("de) Credit Telephone Number( 909 ) 788-9720 This form(No.594C Revised 1-1-2004)©Copyrighted by and distributed through BUILDING INDUSTRY CREDIT ASSOCIATION(213)251-1100 CALIFORNIA PRELIMINARY N•ICE IN ACCORDANCE WITH SECTION 3097 AND 3098,CALIFORNIA CIVIL CODE THIS IS NOT A LIEN,THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR S04174316 Lie# 194646 S04174316 CONSTRUCTION LENDER or DGINt YOU ARE HEREBY NOTIFIED THAT Reputed Construction Lender, if any HEC* CRANEVEYOR CORP. ): Y (name of person or firm furnishing labor,services, equipment or material) 1524 NO. POTRERO AVE. (address of person or firm furnishing labor, SOUTH EL MONTE, CA 91733 services,equipment or material) has famished or will famish labor,services,equipment or materials of the following general description: Furnish Misc. Iron & Steel (general description of the labor,services, OWNER or PUBLIC AGENCY equipment or material furnished or to be famished) for the building,structure or other work of improvement or Reputed Owner (on public work) located at: Job#206 (on private work) (address or description of job site sufficient for identification) Pacific Point Sewer Camino Capistrano SJD Partners LTD. San Juan Capistrano, Ca. & City of San Juan Capistrano The name of the person firth wh2guntracted for the 32400 Paseo Adelanto purchase of such labor,=vices,a mens material is: n San Juan Capistrano, Ca. 92675 Robert B. Longw 2131 S. Grove A Vc. ` M nitrfE 0 Ontario, Ca. 917¢Z` L M M estimate of the total pftc of the a or,ser-1 s equipment or materials fu'1G oed orShe be fa;64ed is: ORIGINAL CONTRACTOR or $15,000.00 Y M Reputed Contractor, if any Trust Funds to which Supiemental Wnge B&@Ats are Payable. (Matef*l men nojpquired to famish) C:) N (name) (address) SJD Partners LTD. 2392 Morse Ave, (name) (address) Irvine, Ca. 92614 NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor,services,equipment, or materials famished or to be famished a mechanics'lien leading to the loss,through court foreclosure proceedings,of all or part of your property being so improved may be placed against the property even though you have paid your contractor in full. You may wish to protect yourself against this consequence by(1)requiring your contractor to furnish a signed release by the person or firm giving you this notice SUBCONTRACTOR with Whom claimant before making payment to your contractor(2)requiring your has contracted contractor to furnish a receipt to establish that you paid the contractor in full and recording no later than 30 days from receipt of this Preliminary Notice an affidavit that you paid the contractor in full,or(3)any other method or device that is appropriate under the circumstances. Date: July 7,2004 Valverde Construction, Inc. 10936 Shoemaker ( l"f�o / Santa Fe Springs, Ca. 90670 Signa re Title Noreen White Secretary Telephone Number (626)442-1524 File: 98693 (CA PB) Owner Customer: VALV E CONSTRUCTION INC Notice Requested by and Return to: • Cost#: United Rentals Northwest,Inc. Job Name: PACIFIC POINTE SEWER STORM DRAI 2301 Dupont Dr#400 Job#: 50240488596 Irvine,CA 92612 949-809-0167 Cert#: 7004 0750 0000 6634 1485 PRELIMINARY 20-DAY NOTICE (PUBLIC WORK) THIS IS NOT A LIEN. THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR TO THE OWNER OR REPUTED OWNER 1. The following is a general description of the labor,or SJD&CITY OF SAN JUAN CAPISTRANO materials furnished or to be furnished by the undersigned: 32400 PASEO ADELANTO Miscellaneous,Construction&Equipment Rentals SAN JUAN CAPISTRANO,CA 92675 2. Estimated Price: $2,500.00 3.The name of the person who furnished that labor,service, TO THE ORIGINAL OR REPUTED CONTRACTOR equipment or materials is: VALVERDE CONSTRUCTION INC United Rentals Northwest,Inc. 10936 SHOEMAKER AVE Ate:Mr.Michael Martinez SANTA FE SPRINGS,CA 90670 2301 Dupont Dr#400 (562)906-1826 Irvine,CA 92612 949-809-0167 4.The name of the person who contracted for purchase of that TO THE LENDER, SURETY OR BONDING CO. labor, service,equipment or material is: VALVERDE CONSTRUCTION INC 10936 SHOEMAKER AVE Bond/Loan# SANTA FE SPRINGS,CA 90670 5.The description of the jobsite is: PACIFIC POINTE SEWER STORM DRAIN JOB#798 50 Joint Check Required VALLE RD SAN JUAN CAPRISTRANO,CA 92675 6.Date Claimant first provided said labor, services, equipment or materials: 5/12/2004 NOTICE TO PRIME OR GENERAL CONTRACTOR THIS IS NOT A LIEN.THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR.THE UNDERSIGNED HAS ENTERED INTO A CONTRACT TO PERFORM LABOR OR FURNISH MATERIALS FOR THE ABOVE-DESCRIBED PUBLIC PROJECT,AND WILL LOOK TO YOU AND YOUR SURETIES FOR PAYMENT IF THE PERSON ORDERING SUCH MATERIALS AND LABOR FAILS TO PAY FOR THEM. I declare that I am authorized to file this claim on behalf of the claimant.I have read the foregoing document and know the contents thereof,the same is true of my own knowledge.I declare under penalty of perjury that the foregoing is true and correct. Executed at Simi Valley,CAA onn(066/10/i00444 for United Rentals Northwest,Inc.. BSalina Reyes,Lien Administrator PROOF OF SERVICE BY MAIL AFFIDAVIT I declare that I served a copy of the above document,and any related documents,by(as required by law)fust-class,certified or registered mail,postage prepaid,addressed to the above named parties,at the addresses listed above,on 06/10/04. I declare under penalty ((o��f perjury that the foregoing is true and correct. Executed at Simi Valley,CA on 06/10/04. By: Salina Reyes,Lien Administrator EXIBIT A - PROPERTY DESCRIPTION OWNER: STD & CITY OF SAN JUAN CAPISTRANO PROJECT: PACIFIC POINTE SEWER STORM DRAIN JOB #798 The following is a complete description, to the best of our knowledge, of the property that the work is being performed. Information for this exhibit was obtained through the Recorder's Office where the property is located, or from other sources. 5 FRWY S XST CAMINO CAPRISTRANO R -TO SAN JUAN CRK GO UNDER BRDG TO END OF VALLEY 70040750000066341485 6/10/2004 SJD&CITY OF SAN JUAN CAPISTRANO 98693 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 Re:Notice To Owner Or Public Entity Dear Sir or Madam, We are required by the laws of this state to notify you that we are furnishing labor,services,equipment or materials of the type described on the enclosed standard form for the work of improvement known as the:PACIFIC POINTE SEWER STORM DRAIN JOB#798,located at VALLE RD,SAN JUAN CAPRISTRANO,CA 92675. Such labor, services, equipment or materials were contracted for by:VALVERDE CONSTRUCTION INC,who is one of the owners,general contractors or subcontractors of this project. We are further required by law to notify you at this time that if bills are not paid in full for labor,services, equipment or materials furnished,or to be furnished,the improved property may be subject to mechanic's liens or stop notices,or a notice to withhold funds may be filed where applicable. The enclosed notice is not intended to reflect in any way on the integrity or credit standing of the contractors involved in this job,but is given merely to comply with the laws of this state.However,to fully protect yourself you may consider(1)requiring your contractor to furnish a signed release from the person or firm giving you this notice before making payment to your contractor,or(2)any other method or device which is appropriate under the circumstances to guarantee payment of this debt.We appreciate the opportunity of furnishing our services for this job and we hope it is progressing to your satisfaction. Should you have any questions concerning this request,please feel free to call us at(949) 809-0167.Thank you. Sincerely, By: Salina Reyes,Lien Administrator For: United Rentals Northwest,Inc. 2301 Dupont Dr#400 Irvine,CA 92612 Phone: (949)809-0167 Fax: (949)862-1110 CALIODRNIA PRELIMINARY NICE 17581 IN ACCORDANCE WITH SECTION 3097 AND 3098, CALIFORNIA CIVIL CODE THIS IS NOT A LIEN, THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR YOU ARE HEREBY NOTIFIED THAT. . . F FRANKLIN REINFORCING STEEL CO.,INC. R (name of person or firm furnishing labor, services, equipment or CONSTRUCTION LENDER or A material) Reputed Construction Lender, if any N P.O. Box 2277 L (address of person or firm furnishing labor, services, I Santa Fe Springs,CA.92670-0277 N equipment or material) has furnished or will furnish labor, services, equipment or Project No: J materials of the following general description: N o n e O REINFORCING STEEL B (general description of the labor, services, equipment or Fabricate,Deliver and Install N material KAished or to be furnished) 0 for the building, str4re or *r work of improvement located at: PACIFIC P01W SEV61M 1 (adore;�or�escnK%n of jo i a OWNER or PUBLIC AGENCY 8 Camino Capistr8rta _ or Reputed Owner (on public work) su*ndot for lficafio (on private work) 7 San Juan Capis`t CA- 9 The name of thepa�_son or tt�i t1 whcpL�+ ntracted for the purchase of such IatRl1,services(equipment or material is: © c Project No: ROBERT B.LONGWAIf';4NC. #2o6 SJD PARTNERS LTD&CITY OF SAN JUAN CAPISTRANO 2131 So.Grove A^^ Unk W32400 Paseo Adelanto Ontario,CA.91761 �an Juan Capistrano,CA.92675 An estimate of the total price of the labor, services N equipment or materjals f Lshed or to pe fury shoed is: r ranK in JA No: i2f79 E $ 89,983.00 (+or-) ...._.. ....... .. ;. �; ;..: ... .. Attention: Subcontractors Section 3097 requires that it you give this notice and you have failed to pay all compensation dueto our laborers on the lob,this notice shall also contain the R ORIGINAL CONTRACTOR or identity and addsess o�any laborer a M any exp ess Wst undtawhom empbyer Reputed Contractor, if any payments are due. NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor,services,equip- C ect No: j ment, or materials furnished or to be furnished, a Promechanic's lien leading to the loss, through court foreclosure proceedings,of all or part of your property O SJD PARTNERS,LTD being so improved may be placed against the property 2392 Morse Avenue even though you have paid your contractor m full You Irvine,CA.92614 may wish to protect yourself against this consequence P by(1)requiring yourcootractorto furnish a signed release by the person or firm giving you this notice before malting payment to your contractor or(2)any other method or Y device that is appropriate underthe circumstances.Other than residential homeowners of any containing fewer than five units,private project owners must notify the original contractor and any lien claimant who has SUBCONTRACTOR with whom claimant provided the owner with a preliminary 20-day lien notice has contracted in accordance with Section 3097 of the Civil Code that a notice of completion or notice of cessation has been recorded within 10 days of its recordation.Notice shall be by registered mail, certified mail, or first-class mail, Project No: #798-803-02 evidenced by a certificate of mailing.F f ro to notify will VALVERDE CONSTRUCTION,INC, extend the deiunnee 1l0 2oo4 a lien. 10936 Shoemaker Avenue Dated: ' G Santa Fe/Springs,CA.90670f-/� Sharon Fern, dit Tanager signature (title) /O 562 946'/1505 Ext izs Telephone Number I—) This form(No.594C Revised 1-1-2004)©Copyrighted by and distributed through BUILDING INDUSTRY CREDIT ASSOCIATION(213)251.1100 WO# 15354 0BNI 1996 M105-0 PRELIMINARY 20-DAY NOTICE NOTICE TO PROPERTY OWNER ®19% (This form may be used on both public and private projects) If bills are not paid in full for the labor, services, equipment, or materials furnished or to be furnished, a TO: CONSTRUCTION LENDER(Or Reputed Construction Lender) (If Any) mechanic's lien leading to the loss, through court foreclosure proceedings, Name NONE REPORTED of all or part of your property being so improved may be placed against the Street property even though you may have paid your contractor in full. You may City, State,Zip wish to protect yourself against this consequence by (1) requiring your TO: ® OWNER Or Reputed Owner ❑ PUBLIC AGENCY contractor to furnish a signed release ( P ) by the person or firm giving you this (On Private Work) (On Public Work) notice before making payment to your contractor or (2) any other method or Name SJD&CITY OF SAN JUAN CAPISTRANO device that is appropriate under the circumstances. Street 32400 PASAO ADELANTO MAILING INSTRUCTIONS City, State,Zip SAN JUAN CAPISTRANO,CA. 92675 (1) If the person resides in California,the notice may be served by first class TO: ORIGINAL CONTRACTOR (Or Reputed Contractor) registered or certified mail, postage prepaid,addresssed to the person at his or Name VALVERDE CONSTRUCTION.INC. her residence, or place of business address, or at the address shown by the Street 10936 SHOEMAKER AVENUE building permit on file, or at the address shown on a recorded Construction Trust City, State,Zip SANTA FE SPRINGS,CA. 90670 Deed. (2) When service is made by first class registered or certified mail, service is General description of the labor, service,equipment,or materials furnished,or to complete at the time of the deposit of mail. be furnished and an estimate of the total price thereof: REINFORCED CONCRETE PIPE If this notice is given by a subcontractor who is required under a collective bargaining agreement to pay fringe benefits, the names and addresses of the fringe benefits trusts follow: $ 205349.64 0 o NAME AND ADDRESS OF CLAIMANT GIVING THIS NOTICE r c Name JOHNSON-BATEMAN COMPANY '--- — Street 5125 ONTARIO MILLS PARKWAY -- v ' D City, State,Zip ONTARIO,CA. 91764 O NAME OF PERSON OR FIRM THAT CONTRACTED TO PURCHASE THE c rn LABOR,SERVICE, EQUIPMENT,OR MATERIALS Name VALVERDE CONSTRUCTION,INC. PROOF OF SERVICE AFFIDAVIT The undersigned served copies of this DESCRIPTION OF JOB SITE SUFFICIENT FOR IDENTIFICATION Preliminary 20-Day Notice by first class registered or certified mail, postage PACIFIC POINT SEWER STORM DRAIN prepaid, on the persons and at the addresses shown on: VALLE ROAD JUNE 9,2004 SAN JUAN CAPISTRANO,CALIFORNIA (Date) I declare under penalty of perjury under the STAPLE RETURN RECEIPTS HERE laws of the State of California that the foregoing is true and correct. Dated: JUNE 9,2004 Signature: ^ r 9 . . . .: .. _.. .. : 2l)/ CALIFORNIA PRELIMINARY ITICE IN ACCORDANCE WITH SECTION 3097 AND 3098, CALIFORNIA CIVIL CODE THIS ISP T A LIEN,THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR YOU ARE HEREBY NOTIFIED THAT. . . RECEIVED Wo ze,e-r B. L oNc,J.t Y, /Nc (name of person or firm furnishing labor, services, equipment or C TF+:u�T�QN IQElor material) R r((ctl n LT r! if any 2/3/ . 6180✓c ✓E, G(N/T C (address of person or firm furnishing labor, services, qi U CA' CA 4/Z SAN .)UM C.," `IS.I RAN'J � yequipmentormatenaq has furnished or will furnish labor, services, equipment or materials of the following general description: ,5TORM J7QAiN STi2ilGTdQK (general description of the labor, services, equipment or L _ f 07#4A C4Na2FTE Sr,QucTukES material furnished or to be furnished) for the building, structure or other work of improvement located at:AAG/FiG Po fA/T 52WOE2_ (address or description of job site OWNER or PUBLIC AGENCY C9-M11VQ CAP/siQAnlD or Reputed Owner (on public work) sufficient for identification) (on private work) ` A 74,V JU*-Af �I PI ST"Al o SJ D 0dAA-rrH7Y&)r—As,47—D/ � elry OF The name of the person or firm who contracted for the C 0,+tJ ait.14 /S 7-RAV,0 purchase of such labor, services,equipment or material is: 32'fDO t"nnASao AalANTD VhN✓CRDE CONST ��C 7AA/ of(4,914 ioi9'r2AnlO, 64 92476 An estimate of the total price of the labor, services equipment or materials furnished or to be furnished is: Construction loan no. (if known) $ ORIGINAL CONTRACTOR or Trust Funds to which Supplemental Fringe Benefits are Reputed Contractor, If any Payable. (material men not required to furnish) / "TAIASP5 (name) (address) 2392 "P,e: e ff✓F (name) (address) (name) (address) (name) (address) NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor, services, equipment, or materials furnished or to be furnished, a mechanic's Ilan leading to the loss,through court foreclosure proceedings,of all or part of your property being so improved may be placed SUBCONTRACTOR with whom claimant against the property even though you have paid your contrac- has contracted for in lull. You may wish to protect yourself against this con- sequence by(1)requiring your contractor to furnish a signed �/{}� f/K RDc c pN � //✓G release by the person or firm giving you this notice before making payment to your contractor or(2)any other method or SHOccE M�4KE�// device that is appropriate under the circumstances. —30OR f�S 6+ '?0&-70 Dated: In signature (title) Telephone Number(7p 09 _) ?,/-i/ #2zy PRIVATE WORK Proof of Service Affidavit (Section 3097.1 (c) Calif. Civil Code) IF BY MAIL I 014.1-r/In'f /t SffU$lN declare: That I served copies of this Preliminary Notice by first class registered / certified mail, postage prepaid, on the lender, owner, original contractor and subcontractor with whom I contracted at their respective addresses as shown on the reverse side. on _ Itlalel I declare, under penalty of perjury, that the foregoing is true and correct. - Executed on w l g�0� , at _QNTi9k/p California. . taste) (Sigridbird til person maklnq service) (Attach receipts and return receipts of registered or certified mail and/or photocopies of record of delivery and receipt maintained by the Post Office.) IF BY PERSONAL SERVICE . declare: That I served copies of this Preliminary Notice on the parties named on the reverse side at the places and on the dates shown below; Lender Date IPlace of sorvicel Owner ,. --- — Date (piece of service) Contractor Date rplace tit service) Subcontractor with whom I contracted Date folate of sen ice) I declare, under penally of perjury, that the foregoing is true Arid correct. Executed on , at _ _ __" _ , California. (sato) - ISigru to a of person itAr,;ervicel PUBLIC WORK Proof of Service Affidavit (Section 3098 Calif. Civil Code) F BY MAIL 1. _...__.----.._...: declare: 'That I served copies of this Preliminary Notice by first class mail. registered mail or certified mail. postage prepaid addressed to the public agency, contractor and subcontractor with whom I contracted at the addresses shown on the reverse side. on tame) I declare. under penalty of perjury, that the foregoing is true and correct. - Executed on at ©nlTJgR/O California. Itletej (Su)naune of nennnl mnknq se�flcel (Attach receipts of registered or certified mail when returned.) IF BY PERSONAL SERVICE I. .- _.___......__...--- declare: That I served copies of this Preliminary Notice on the parties named on the reverse side at the places and on the dales shown below: Public Agency _ . __ Date , Ipl,acc rl eaivmm Contractor Date . auvw or servin=.� Subcontractor with whom I contracted .........- .._.....__..:_ _......__._._.. .. Date _. ... I declare, under penalty of perjury. that the foregoing is true and correct. Executed on , at , California. ,: rm 'imv nl r -:irl CALIARNIA PRELIMINARY NAICE IN ACCORDANCE WITH SECTION 3097 AND 3098, CALIFORNIA CIVIL CODE THIS IS NOT A LIEN,THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR YOU ARE HEREBY NOTIFIED THAT . . . (name of,person or firm furnishing labor, services, equipment or CONSTRUCTION LENDER or material) Reputed Construction Lender, if any si�nur'1. _ ai J t Y (address of person or firm furnishing labor, services, equipment or material) has furnished or will furnish labor, services, equipment or iN `IE materials of the following general description: `'.ior 11 a (general description of the labor, services, equipment or material furnished orto be furnished) for the building, structure or other work of improvement located at: _3 "f,[ y '• + r--"n (address or description of job site r OWNER or PUBLIC AGENCY f - ` '3,� or Reputed Owner (on public work) sufficient for identification) (on private work) The name of the person or firm who contracted for the purchase of such labor, services,equipment or material is: rtaT ,G , r".7`.1 u r 3.1 c:3 +[;Cdr➢D ?3Ct `r..�xa *3 J, i}�_. W _ ') ' I ant,:) An estimate of the total .price of the labor, services Nequipment or m@tprials furnished or to be furnished is: D o R ORIGINAL CONTRACTOR or p Reputed Contractor, if any =' c)Atfention): ubcorMtors Section 3097;{quirescMat if®u give this notice `+ and you have jailed tj�pay all compensation due 330 Part 2er3, E,10 to your laborQ5 on tUojob, this notice shall also contain the identity and address of any laborer O2392 gorse Ave, and any express trust fund to whom employer miner CA 92614 payments are due. 1P Y NOTICE TO PROPERTY OWNER It hills are not paid in full far the labor,services,equipment, or materials furnished or to be furnished, a mechanic's lien leading to the loss,through court foreclosure proceedings,of all or part of your property being so improved may be placed SUBCONTRACTOR with whom claimant against the property even though you have paid your contrac- has contracted for in full. You may wish to protect yourself against this con- sequence by(1)requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor or(2)any other method or device that is appropriate under the circumstances. Cobert i. 1,ongway, In . 2131 Grove Avg. Unit C Dated: _ 1, t;, : ✓ Ontario, Cis, 91751 \'" - ':signature O �^ ^ \ ����0 signature (title) /XV U ` (J� 0 e4hone Number('�3 This form(No.594C Revised 4/17/00)©Copyrighted by and distributed through BUILDING STRYCREDITASSOCIATION(213)251-1100 File: 97303 (CA PV) • Owner Customer: VALVEROONSTRUCTION INC Notice Requested by: RefNum: United Rentals Northwest,Inc. Job Name: PACIFIC POINT SEWER STORM DRIAN(JOB# 2301 Dupont Dr#400 Job#: 56740356062 Irvine,CA 92612 949-809-0167 Cert#: 7004 0750 0000 6632 8066 PRELIMINARY 20—DAY NOTICE (PRIVATE WORK) This is not a lien.This is not a reflection on the integrity of any contractor or subcontractor, but the notice prescribed in California Civil Code sections 3097 and 3098 TO THE OWNER OR REPUTED OWNER 1.The following is a general description of the labor,service, SID&CITY OF SAN JUAN CAPISTRANO equipment or materials furnished or to be furnished by the 32400 PASAO ADELANIO undersigned: SAN JUAN CAPISTRANO,CA 92675 Miscellaneous,Construction&Equipment Renytals 2.Estimated Price: $5,800.00 a o TO THE ORIGINAL OR REPUTED CONTRACTOR 3.The name of the person who furnished that 13bor,servicff�,-equipt�tt or C h VALVERDE CONSTRUCTION INC materials is: ;� m United Rentals Northwest,Inc. 10936 SHOEMAKER AVE �_; SANTA FE SPRINGS,CA 90670 Attn:Mr.Michael Martinez _ M (562)906-1826 2301 Dupont Dr#400 Irvine,CA 92612 949-809-0167 4.The name of the person who contracted fe�purchasWf that r, TO THE LENDER/SURETY OR REPUTED LENDER/SURETY service,equipment or material is: p W VALVERDE CONSTRUCTION INC 10936 SHOEMAKER AVE Bond/Loan# SANTA FE SPRINGS,CA 90670 5.The description of the jobsite is: PACIFIC POINT SEWER STORM DRIAN(JOB#798)(T.G.PAGE# C/S VALLE RD&SAN JUAN CREEK SAN JUAN CAPISTRANO,CA 92675 NOTICE T C O PROPERTY OWNER If bills are not paid in full for the labor,services,equipment,or materials furnished or to be furnished,a mechanics'lien leading to the loss,through court foreclosure proceedings of all or part of your property being so improved may be placed against the property even though you have paid your contractor in full.You may wish to protect yourself against the consequence by(1) requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractors,or(2)any other method or device that is appropriate under the circumstances.Other than residential homeowners of dwellings containing fewer than five units,private project owners must notify the original contractor and any lien claimant who has provided the owner with a preliminary 20-day lien notice in accordance with Section 3097 of the Civil Code that a notice of completion or notice of cessation has been recorded with 10 days of its recordation.Notice shall be by registered mail,certified mail,or first class mail, evidenced by a certificate of mailing.Failure to notify will extend the deadlines to record alien. Dated:06/07/04 �(^ _ By Salina Reyes,Lien Administrator PROOF OF SERVICE BY MAIL AFFIDAVIT I declare that I served a copy of the above document,and any related documents,by(as required by law)first-class,certified or registered mail, postage prepaid,addressed to the above named parties,at the addresses listed above,on 06/07/04. 1 declare under penalty of perjury that the foregoing is true and correct.Executed at Simi Valley,CA on 06/07/04. I� �� J By: L.9001�ti. / v , • L � ' Salina Reyes,Lien Administrator l 70040750000066328066 6/7/2004 SID&CITY OF SAN JUAN CAPISTRANO 97303 32400 PASAO ADELANTO SAN JUAN CAPISTRANO,CA 92675 Re:Notice To Owner Or Public Entity Dear Sir or Madam, We are required by the laws of this state to notify you that we are furnishing labor,services,equipment or materials of the type described on the enclosed standard form for the work of improvement known as the:PACIFIC POINT SEWER STORM DRIAN(JOB#798)(T.G.PAGE#972 B-4),located at C/S VALLE RD&SAN JUAN CREEK,SAN JUAN CAPISTRANO,CA 92675. Such labor, services,equipmerit or materials were contracted for by:VALVERDE CONSTRUCTION INC,who is one of the owners,general contractors or subcontractors of this project. We are further required by law to notify you at this time that if bills are not paid in full for labor,services,equipment or materials famished, or to be furnished,the improved property may be subject to mechanic's liens or stop notices,or a notice to withhold funds may be filed where applicable. The enclosed notice is not intended to reflect in any way on the integrity or credit standing of the contractors involved in this job,but is given merely to comply with the laws of this state. However,to fully protect yourself you may consider(1)requiring your contractor to furnish a signed release from the person or fmn giving you this notice before making payment to your contractor,or(2)any other method or device which is appropriate under the circumstances to guarantee payment of this debt.We appreciate the opportunity of furnishing our services for this job and we hope it is progressing to your satisfaction. Should you have any questions concerning this request,please feel free to call us at(949) 809-0167. Thank you. Sincerely,, By: Salina Reyes,Lien Administrator For: United Rentals Northwest,Inc. 2301 Dupont Dr#400 Irvine,CA 92612 Phone: (949)809-0167 Fax: (949) 862-1110 wo# 15360 BNI 105-0 PRELIMINARY 20-DAY NOTICE NOTICE TO PROPERTY OWNER ®1996 (This form may be used on both public and private projects) If bills are not paid in full for the labor, services, equipment, or materials furnished or to be furnished, a TO: CONSTRUCTION LENDER(Or Reputed Construction Lender) (If Any) mechanic's lien leading to the loss, through court foreclosure proceedings, Name NONE REPORTED of all or part of your property being so improved may be placed against the Street property even though you may have paid your contractor in full. You may City, State, Zip wish to protect yourself against this consequence by (1) requiring your TO: ® OWNER (Or Reputed Owner ❑ PUBLIC AGENCY contractor to furnish a signed release P ) by the person or firm giving you this (On Private Work) (On Public Work) notice before making payment to your contractor or (2) any other method or Name SJD&CITY OF SAN JUAN CAPISTRANO device that is appropriate under the circumstances. Street 32400 PASEO ADELANTO MAILING INSTRUCTIONS City, State,Zip SAN JUAN CAPISTRANO,CA. 92675 (1) if the person resides in California,the notice may be served by first class TO: ORIGINAL CONTRACTOR (Or Reputed Contractor) registered or certified mail, postage prepaid,addresssed to the person at his or Name SJD PARTNERS,LTD. her residence, or place of business address, or at the address shown by the Street 2392 MORSE AVENUE building permit on file, or at the address shown on a recorded Construction Trust City, State,Zip IRVINE,CA. 92614 Deed. (2) When service is made by first class registered or certified mail, service is General description of the labor, service,equipment,or materials furnished, or to complete at the time of the deposit of mail. be furnished and an estimate of the total price thereof: REINFORCED CONCRETE PIPE If this notice is given by a subcontractor who is required under a wllective bargaining agreement to pay fringe benefits,the names and addresses of the fringe benefiLWusts follow: D ^' a o $ 221350.17 r NAME AND ADDRESS OF CLAIMANT GIVING THIS NOTICE r w Name JOHNSON-BATEMAN COMPANY Street 5125 ONTARIO MILLS PARKWAY T City, State, Zip ONTARIO,CA. 91764 NAME OF PERSON OR FIRM THAT CONTRACTED TO PURCHASE THE LABOR,SERVICE, EQUIPMENT, OR MATERIALS Name VALVERDE CONSTRUCTION,INC. PROOF OF SERVICE AFFIDAVIT The undersigned served copies of this DESCRIPTION OF JOB SITE SUFFICIENT FOR IDENTIFICATION Preliminary 20-Day Notice by first class registered or certified mail, postage PACIFIC POINT STORM DRAIN prepaid, on the persons and at the addresses shown on: CAMINO LAS RAMBLAS JULY 9,2004 SAN JUAN CAPISTRANO_ CALIFORNIA (Date) I declare under penalty of perjury under the STAPLE RETURN RECEIPTS HERE laws of the State of California that the foregoing is true and correct. Dated: JULY 9,2004 (n� (� Signature: ,�"� o D Y N . • If. CERTIFIED MAIL NUMBER CALIFORNIA PRELIMINA•tY NOTICE 3-Completeitems 1r,2, 3.Als complete item 4d 7178 8518 8010 1450 0468 In accordance with sections 3097 and 3 3098,California Civil Code THIS IS NOT A 1,Article Addressed To: LIEN. This is NOT a reflection on the integrity of any contractor or subcontractor. ""! + " r "4"`1(i You are hereby notified that TOM MALLOY CORP.DBA TRENCH SHORING CO.,636 E. Rosecrans Ave., Los Angeles, CA 90� has furnished or will furnish labor, service, equipment or material of the following general description: sales and rentals of trench shoring equipment for building structure, or other work of improvement r'G?aio' S I+' located at r rkr: RRA r .A1.911 hJfR i":71:Dq The name of the person or firm who contracted for the purchase of such labor, services,equipment or material furnished or 2.Article Number to be furnished is W"O'ERNI ir"j ic.TRI!�,'I:Cm 7178 8518 8010 1450 0468 An estimate of the total price of the labor,services, equipment or material is `>,+144.x+tii ' 11FRAL COO!) 7 OR NOTICE TO PROPERTY OWNER 3.ServioeT e "'nLVEc'TE C 0,X'.'TtRll:,t lit,, If bills are not ped in lull for the labor,services,equipment,or materials furnished or to be furnished, S YF a mechanic's lien leading to the loss,through court foreclosure proceedings,of all or part of your ©Certified property being so Improved may be placed against the prorrty,even though you have paid your m 4 contractor m u0.You may gash to protect yourself against tus consequence by(1)requiring your A aF„ contractor to furnish a signed release by the person or firm giving you this notate before making 4.Restricted Delivery?(Extra Fee) Yes i,(h�y i r� Fr, '.�F'R 11Ifr`.�,s (;� 4i)%,ilj Payment to your contractor, or (2j any other method or device that Is apppropriate under the EJ circumstances. Other than residential homeowners of dweltings containing twat than five units, p private project owners must not the original contractor and any lien claimant who has provided the v _ owner with a preliminary 20�ay ren notice in accordance with Section 3097 of the Civil Code that a y o ,,yav ,�,I 4� �.,7'y��,�y notice of completion or notice of cessation has been worded within 10 days of its recordation.Notice o • • • . '1T11 J: tl i*A3 t'i"t"I ti'19 V'3"'�'" shall be by reggistered mail,certified mail,or first-class mail,evidenced by a certificate of mailing. 3 '� I `� Failure to notiry will extend the deadlines to record a lien. A.Received by(Please Print Clearly) B.Date of Delivery - - (310)3273554•(80(1)423-4411 n i i a d i 1nr nooi r G C.Signature ..r:CAW�., l5lwWr yLNl ,: +i, 'I IG1, 4' '�'�Il,_u:4 , 3 9 ! Pre F' tt' j i r,- < � Date 9 ❑Agent yygg*r��yy,/l������(��pparr�� a' ❑Addressee 'l.d''9ti'1'1'�1'L/� Ah Dylt�E_kl r:tPif I F.j.° I)Wv Icif Ait'tiw D.Is YES,en address deliv different from item l? ❑Yes L!s.`_'b't`kl2 t., ' !+'";ix��'L1("I-,(Jim ;,'1' s, {ITY or ;4?i .IuAH GHP:'b (ir'1111) If YES,enter delivery address below: ❑ No •' ' a l !`', 5 <;4,p•�MAf:�_r;' r;Lc. i::4rafi PASA't Atd:LA:,',U Fk;� f'e gFtitrb::'3a Cali 7 �;:orc ;Gtr AA;R7l,rq 7 \i �I 11 ✓ �( L� 0 0 CALIFORNIA PRELIMINARY 20 DAY NOTICE(PRIVATE OR PUBLIC WORK) THIS IS NOT A LIEN. THIS NOTICE IS GIVEN PURSUANT TO CIVIL CODE SECTIONS 3097 AND 3098 NOTICE TO PROPERTY OWNER IF BILLS ARE NOT PAID IN FULL FOR THE LABOR,SERVICES,EQUIPMENT,OR MATERIALS FURNISHED OR TO BE FURNISHED,A MECHANIC'S LIEN LEADING TO THE LOSS,THROUGH COURT FORECLOSURE PROCEEDINGS,OF ALL OR PART OF YOUR PROPERTY BEING SO IMPROVED MAY BE PLACED AGAINST THE PROPERTY EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL. YOU MAY WISH TO PROTECT YOURSELF AGAINST THIS CONSEQUENCE BY(1)REQUIRING YOUR CONTRACTOR TO FURNISH A SIGNED RELEASE BY THE PERSON OR FIRM GIVING YOU THIS NOTICE BEFORE MAKING PAYMENT TO YOUR CONTRACTOR,OR(2) ANY OTHER METHOD OR DEVICE THAT IS APPROPRIATE UNDER THE CIRCUMSTANCES. OTHER THAN RESIDENTIAL HOMEOWNERS OF DWELLINGS CONTAINING FEWER THAN FIVE UNITS,PRIVATE PROJECT OWNERS MUST NOTIFY THE ORIGINAL CONTRACTOR AND ANY LIEN CLAIMANT WHO HAS PROVIDED THE OWNER WITH A PRELIMINARY 20-DAY LIEN NOTICE IN ACCORDANCE WITH SECTION 3097 OF THE CIVIL CODE THAT A NOTICE OF COMPLETION OR NOTICE OF CESSATION HAS BEEN RECORDED WITHIN 10 DAYS OF ITS RECORDATION.NOTICE SHALL BE BY REGISTERED MAIL,CERTIFIED MAIL,OR FIRST-CLASS MAIL,EVIDENCED BY A CERTIFICATE OF MAILING.FAILURE TO NOTIFY WILL EXTEND THE DEADLINES TO RECORD A LIEN. DATE 07/14/04 YOU ARE HEREBY NOTIFIED THAT THE UNDERSIGNED HAS FURNISHED OR WILL FURNISH LABOR, SERVICES, EQUIPMENT OR MATERIAL OF THE FOLLOWING DESCRIPTION: DESCRIPTION OF LABOR,SERVICES,EQUIPMENT OR MATERIAL PERSON FURNISHING LABOR.SERVICES,EQUIPMENT OR MATERIAL SUPPLIED.OR TO BE SUPPLIED alverde Construction, Inc. Furnish all Labor,Equipment and Materials 10936 Shoemaker Avenue Santa Fe Springs,CA 90670 THE NAME AND ADDRESS OF THE PERSON CONTRACTING FOR TO OWNER,REPUTED OWNER,OR PUBLIC AGENCY THE ABOVE(YOUR CUSTOMER)IS. SJD&City of San Juan Capistrano SJD Partners Ltd. 32400 Paseo Adelanto 2392 Morse Ave. San Jaun Capistrano, Ca 92675 Irvine,CA 92614 TO PRIME,REPUTED.OR ORIGINAL CONTRACTOR JOB SITE(STREET AND LEGAL DESCRIPTION.IF KNOWN). SJD Partners LTD. Pacific Point Storm Drain 2392 Morse Ave. Camino Las Rambles Irvine,CA 92614 San Juan Capistrano, CA TO CONSTRUCTION LENDER OR REPUTED CONSTRUCTION LENDER N ESTIMATE OF THEO O LA QUIPMENT OR MATERIALS FURNISHED OR TO BE FURNISHED IS: N/A $250,000.00 TRUST FUNDS TO WHICH SUPPLEMENTAL BENEFITS ARE PAYABLE ❑ IF THIS BOX IS CHECKED,THE NAMES AND ADDRESSES OF CONSTRUCTION: Cement masons, ANY LABORERS TO WHOM EMPLOYER PAYMENTS ARE DUE AS 111aborers, Teamsters, O fin E t eers;;'dFUND)OF THE DATE OF THIS NOTICE ARE CONTAINED ON ATTACHMENT Car enters o "A",WHICH IS INCORPORATED HEREIN AND MADE A PART HEREOF. Iona SUBCONTRACTORS r CUIRED TO IDENTIFY THE (SIGNATURE) (DATE) / (NAME OF PERSON SIGNING C7Ln r. I"y�TITLE) PROOF OF AFFIDAVIT I, James Heard,declare that I served copies of the above PRELIMINARY NOTICE,(check appropriate box). - (a) [ ] By personally delivering copies to i (name and title of person served)at (Address) on (date),at (time). (b) [X] By First Class Certified or Registered Mail service,postage prepaid,addressed to each of the parties at the address shown above on July 14,2004 I declare unser penalh a pegury BdrStHe)awe ofthe stale of California that lne toregoing Is true and carted. Signed at SANTA FE SPRINGS , California, on July 14 2004 [ATTACH RECEIPTS OF r.FRTIFIED OR REGISTERED MAIL WHEN RETURNED] T1/ <� SIGN ATUOF ERSON MAKING SERVICE SERVICE OF 20-DAY PRELIMINARY NOTICE Service of the Preliminary Notice is most important. Failure to serve the notice properly will most likely result in determination that the Preliminary Notice was served improperly and keep you from recording a valid Mechanic's Lien on a private work. Failure to serve a Preliminary notice within 20 days after you first furnish labor, services, equipment or supplies on Public Work may prevent the government entity from withholding funds from the contractor. Preliminary Notices are generally served in one of two ways. The first is by personal service and the second is by First Class Certified or Registered Mail with a return receipt. Whether you choose the first or second method, a Proof of Service Affidavit must be filled out by all persons and/or entities who serve the Preliminary Notice. The Proof of Service Affidavit is found on the bottom of the Preliminary Notice. To personally serve a Preliminary Notice for a Private Work you must actually hand the Preliminary Notice to the following three persons or entities: 1) owner, reputed owner, 2) the prime contractor or reputed or original contractor; and 3) the construction lender or reputed construction lender. To personally serve the Preliminary Notices for Public Work, hand the Preliminary Notice to the contracting officer of the public agency, and the prime contractor, or reputed or original contractor. Service by mail of the Preliminary Notice for Private Work, or a Public Work must be done by Certified or Registered mail with a return receipt. The law provides that you must mail in this manner. The law does not provide that mailing must be accepted by the recipient. Therefore, if the certified or registered mail envelope is refused, you should take the return envelope and put it in yourjob file and keep it there sealed. If you choose to serve by mail, you must serve every person and/or entity referred to above and then attach the receipts of the Certified or Registered mail to your copy of the Preliminary Notice when returned. In the case of a Public Work, the prime, or reputed or original contract with whom you contracted, may be served at his/her office, home or place where he/she conducts business. The contracting officer can be served at the address of the agency. To serve a Preliminary Notice for a work constructed by the Department of Public Works or the Department of General Services of the State, deliver or mail the Preliminary Notice to the disbursing officer of the department in charge of the project. You may also "file" this Preliminary Notice with the County where the site is located. The Recorder will then send you a postcard if a notice of Cessation is recorded on the project. If there is a bond on the project, you should also serve this notice on the bonding company in lieu of a separate bond notice. Remember the time period in which you should serve your 20-Day Preliminary Notice is within twenty (20) days of when you first provide labor or supply materials to the iobsite. CATfORNIA PRELIMINARY 20-DAY dkTICE In ac ance with sections 3097 and 3098, California tvil Code This is not a Lien, This is not a reflection on the integrity of any contractor or subcontractor NOTICE TO PROPERTY OWNER IF BILLS ARE NOT PAID IN FULL FOR LABOR,SERVICES,EQUIPMENT,OR MATERIALS FURNISHED OR TO BE FURNISHED,A MECHANICS' LIEN LEADING TOT HE LOSS,THROUGH COURT FORECLOSURE PROCEEDINGS,OF ALL OR PART OF YOUR PROPERTY BEING SO IMPROVED MAY BE PLACED AGAINST THE PROPERTY EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL. YOU MAY WISH TO PROTECT YOURSELF AGAINST THIS CONSEQUENCE BY(1)REQUIRING YOUR CONTRACTOR TO FURNISH A RELEASE SIGNED BY THE PERSON OR FIRM GIVING YOU THIS NOTICE BEFORE MAKING FINAL PAYMENT TO YOUR CONTRACTOR OR(2)ANY OTHER METHOD OR DEVICE THAT IS APPROPRIATE UNDER THE CIRCUMSTANCES. OTHER THAN RESIDENTIAL HOMEOWNERS OF DWELLINGS CONTAINING FEWER THAN FIVE UNITS,PRIVATE PROJECT OWNERS MUST NOTIFY THE ORIGINAL CONTRACTOR AND ANY LIEN CLAIMANT WHO HAS PROVIDED THE OWNER WITH A PRELIMINARY 20-DAY LIEN NOTICE IN ACCORDANCE WITH SECTION 3097 OF THE CIVIL,CODE THAT A NOTICE OF COMPLETION OR NOTICE OF CESSATION HAS BEEN RECORDED WITHIN 10 DAYS OF ITS RECORDATION. NOTICE SHALL BE BY REGISTERED MAIL,CERTIFIED MAIL,OR FIRST-CLASS MAIL, EVIDENCED BY A CERTFICATE OF MAILING. FAILURE TO NOTIFY WILL EXTEND THE DEADLINES TO RECORD A LIEN You are hereby notified that Has furnished or will furnish labor, services, equipment, or materials of the following general SANCON ENGINEERING II, INC. description: 5841 ENGINEER DR. COAT 3 NEW MANHOI&S HUNTINGTON BEACH, CA 92649 i M Reputed General Contractor An estimate of the total ppee ofr` he la#gr, services, equipment or nl 1 91 urnMed or to T SJD PARTNERS LTD be furnished is: -_ . C 2392 MORSE AVENUE $4,9 00 D M IRVINE, CA 92614 Job name and location: �i w Reputed Owner or Public Entity PACIFIC POINT SEWER 9TORftRAIN SJD & CITY OF SAN JUAN VALLE ROAD CAPISTRANO SJC, CA 32400 PASAO ADELANTO VALVERDE JOB #798 SAN JUAN CAPISTRANO, CA 92675 The name of the person or firm who contracted for the purchases of such labor, services, Reputed Construction Lender or Lessee equipment or material is: NONE VALVERDE CONSTRUCTION 10936 SHOEMAKER AVE. SANTA FE SPRINGS, CA 90670 / Casey Biggers Admin. Assist. Sign ture Date Name of Person Signing Title PROOF OF SERVICE AFFIDAVIT (CIVIL CODE§3097.1) I, Casey Biggers, declare that I served copies of the above PRELIMINARY NOTICE: By First Class Certified or Registered Mail service, postage prepaid, addressed to each of the parties at the address shown above on JULY 1, 2004 I declare under penalty of perjury under the laws of the State of California that t hregoing is true and correct. Signed at Huntington Beach, CA on JULY 1, 2004 Si nature;ftdrson Ing Service ll yV t 0 P11#14 61CAIPUBLICj(OyyNERj Customer.VAL VERDE CONSTRUCTION,INC. Notice Requested by and Return To: ProjectIM Pwft Point Bower Roc ID:18UM$I83 CA (JobNo:5388) Cod No.: Return Receipt Requested California Od Code Sections 3098,3111,3241&3252 at Sep. THIS IS NOT A LIEN.THIS IS NOT A REFLECTION ON THE WTEGRRY OF ANY CONTRACTOR OR SUBCONTRACTOR TO:OWNER 1.The following is a general description of OR REPUTED OWNER the labor,service,equipment or materials SJD Partners LTD furnished or to be furnished by the undersigned: City of San Juan Capistrano Supply Sand&Gravel 32400 Paseo Adelanto San Juan Capistrano,CA 92675 2.Estimated Price:$6,000.00 TO:ORIGINAL CONTRACTOR 3.The name of the person who furnished that labor,service,equipment or OR REPUTED CONTRACTOR materials is: VAL VERDE CONSTRUCTION,INC. Century Sand&Gravel,Inc. P.O.BOX 3223 P.O.Bax 1507 Sante Fe Springs,CA 90670 Walnut,CA 91788-1507 TO LENDER SURETY OR 4.The name of the person who contracted for purchase of that labor, service,equipment or material is: BONDING COMPANY VAL VERDE CONSTRUCTION,INC. None Reported P.O.BOX 3223 Santa Fe Springs,CA 90670 cn 5.The deacdptlon of the jobsite is: Z c #798,Pack Point Sewer ` m SDIWater,Sen Juan Capistrano _ Z Valle Road San Juan Capistrano,CA VERIFICATION �_ -�-p I declare that I am authorized to file this PRELIMINARY 20-DAY NOTICE (PUBLIC WORK) on behalf of the daiman(�$Nva redtf the f&Wing document and know the contents thereof; the same is true of my am knowledge. I declare under penally of perjury uMor the law of tihe®te of Calffomia that the foregoing is true and coned.Executed at Walnut Cafifomia on 05/2612004 for CENTURY SAND&GRAVIL,INC.. w B . Phone:(909)4SM128 Fax:(909)468,5031 J J JudiReceivable PROOF OF SERVICE BY MAB.AFFIDAVIT I,Judith Lopez declare that I served copies of the above PRELIMINARY 20-DAY NOTICE (PUBLIC WORK) By First Class Certified Rehm Receipt Requested or Registered Mail service,postage prepaid,addressed to each of the parties at the addresses shown above on 0512612004. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Bim- -i&A / i Judith Lopez,Accounts Receivable Execut�8 at Wahu4 Cal' 051261 M. NOTICE TO PRIME OR GENERAL CONTRACTOR THIN IS NOT A LIEN.THE RI NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR In undersigned hes entered Into a contract to perform tebor or furnish materials for the abowodescribed public project,and will look to you shin your sureties for psymad NtM person ordering such materials and labor fallsto pay for them, I 1W 14r — Century Sand 8: Gravel, Inc. P.O. Box 1507 Walnut, CA 91788-1507 Phone: (909) 468-5128 Fax: (909) 468-5031 SID Partners LTD City of San 3uan Capistrano 32400 Paseo Adelanto San 3uan Capistrano, CA 92675 05/26/2004 RE: NOTICE TO OWNER OR PUBLIC ENTITY Dear Sir or Madam: We are required by the laws of this state to notify you that ve are furnishing labor, services, equipment or materials of the type described on the enclosed standard forth for the work of improvement known as the:#798,Pacific Point Sewer SDIWater,San Juan Capistrano project,located at Valle Road,San Juan Capistrano,CA Such labor,services,equipment or materials were contracted for by: VAL VERDE CONSTRUCTION, INC.,P.O.BOX 3223, Santa Fe Springs,CA 90670 , who is one of the owners,general contractors or subcontractors of this project. We are further required by law to notify you at this time that t bills are not paid in full for labor, services,equipment or materials furnished,or to be furnished, the improved property may be subject to mechanids liens or stop nous, or a notice to withhold funds may be filed Where applicable. The enclosed notice is not intended to reflect in any way on the integrity or credit standing of the contractors involved in this job, but is given merely to comply with the laws of this stale. However, to fully protect yourself you may consider(1)requiring your contractor to furnish a signed release from the person or firth giving you this notice before making payment to your contractor,or (2) any other method or device which is appropriate under the circumstances to guarantee payment of this debt We appreciate the opportunity of furnishing our services for this job and we hope it Is progressing b your satisfaction. Should you have any questions concerning this request,please feel free to cat me personally at(909)4685128. Thank you. Sincerely, n Phone:(909)468.5128 Fax:(909)4685031 Judith Lopez,Accounts Receivable Dated 05/26/2004 for Century Sand&Gravel,Inc., P.O.Box 1507,Walnut,CA 91788-1507 File No:112[CA][PUBLIC][LENDER] Customer:Valverde Construction Notice Requested by and Return To: Project:Pacific Point Sewer RECEIVED R.J.LALONDE,INC.LALONDE EQUIPMENT RENTALS Rec ID:I8NOG2SQQ 2508 N.PALM DRIVE STE 200 Cert No.: SIGNAL HILL,CA 90755 [Job No:798] 2004 MAY 21 P Return Receipt Requested PRELIMINARY 20-DAY.-NOTICE (PUBLI ORK) California Civil Code SS�t �j��,, ,311.1;_3241 &3252 at Seq. THIS IS NOT A LIEN. THIS IS NOT A RI f6 'fat 11#90RITY OF ANY CONTRACTOR OR SUBCONTRACTOR TO:OWNER 1.The following is a general description of OR REPUTED OWNER the labor,service,equipment or materials SJD Partners LTD/ furnished or to be furnished by the undersigned: City of San Juan Capistrano EARTH MOVING EQUIPMENT&OPERATING ENGINEERS 32400 Paseo Adelanto San Juan Capistrano,CA 92675 2, Estimated Price:$6,500.00 TO:ORIGINAL CONTRACTOR 3.The name of the person who furnished that labor,service, OR REPUTED CONTRACTOR equipment or materials is: SJD Partners LTD R.J.LALONDE, INC. 2392 Morse Ave LALONDE EQUIPMENT RENTALS Irvine,CA 92614 2508 N. PALM DRIVE STE 200 SIGNAL HILL,CA 90755 TO: LENDER,SURETY OR 4.The name of the person who contracted for purchase of that BONDING COMPANY labor,service,equipment or material is: None Reported Valverde Construction 10936 Shoemaker Ave Santa Fe Springs,Ca 90670 5.The description of the jobsite is: Pacific Point Sewer SD/Water,San Juan Capistrano Valle Road San Juan Capistrano, CA VERIFICATION I declare that I am authorized to file this PRELIMINARY 20-DAY NOTICE (PUBLIC WORK) on behalf of the claimant. I have read the foregoing document and know the contents thereof;the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at SIGNAL HILL, California on 05/18/2004 for R.J. LALONDE, INC.LALONDE EQUIPMENT RENTALS. By: Phone:(562)595-6655 Fax:(562)595-8833 Andrea Laisuwan,Administrative Manager PROOF OF SERVICE BY MAIL AFFIDAVIT I,Andrea Laisuwan declare that I served copies of the above PRELIMINARY 20-DAY NOTICE(PUBLIC WORK) By First Class Certified Return Receipt Requested or Registered Mail service, postage prepaid,addressed to each of the parties at the addresses shown above on 05/118/2004. 1 declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. By: n" Andrea Laisuwan,Administrative Manager Executed at SIGNAL HILL,California on 05/18/2004. NOTICE TO PRIME OR GENERAL CONTRACTOR THIS IS NOT A LIEN. THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR. the undersigned has entered into a contract to perform labor or furnish materials for the above-described public project, and will look to you and your sureties for payment if the person ordering such materials and labor fails to pay for them. )r 61$1 S - 6o 7/0� • Certificate of Insurance This certificate Is issued as a matter of information only and confers no rights upon you the certificate holder. This certificate is not an insurance policy and does not amend,extend,or alter the coverage afforded by the policies listed below. Named Insured(s): evity HR,Inc and its wholly owned subsidiaries including but not limited to evity HR,LP;Gevity,HR II, LP; Gevity HR III,LP;Gevity HR IV,LP;Gevity R V, LP;Gevity HR VI, LP; Gevity HR VII,LP;Gevity HR VIII,LP;Gevity,HR MARSH X,LP; Gevity HR X.LP;Gevity HR XI,LLC;Gevity HR Al Corp. 600 301 Boulevard West Insurer Affording Coverage Bradenton, Florida 34205 American Home Assurance Co., Coverages: Member of American International Group,lnc.(AIG) The policy(ies)of insurance listed below have been issued to the insured named above for the policy period indicated.The insurance afforded by the policy(ies)described herein is subject to all the terms,exclusions and conditions of such policy(ies). Certificate Exp.Date Type of Insurance []CONTINUOUS Policy Number Limits 0 EXTENDED e®POLICY TERM RMWC2633886 Employers Liability Workers' 1-1-2005 Bodily Injury By Accident Compensation RMWC2633892 $2,000,000 Each Accident RMWC2633912 RMWC2633913 Bodily Injury By Disease RMWC2633920 $2.000,000 Policy Limit Bodily Injury By Disease $2,000,000 Each Person Other: Re: Pacific Point Employees Leased To: Effective Date : 01-JAM-2004 42438.SunCa1 Management LLC The above referenced workers'compensation policy(ies)provide(s)statutory benefits only to employees of the Named Insured(s)on such policy(ies),not to the employees of any other employer. `If the certificate expiration date is continuous or extended term,you will be notified if coverage is terminated or reduced before the certificate expiration date. However,you will not be notified annually of the continuation of coverage. Notice of Cancellation: Should any of the policies described herein be cancelled before the expiration date thereof,the insurer affording coverage will endeavor to mail 30 days written notice to the certificate holder named herein, but failure to mail such notice shall impose no obligation or liability of any kind upon the insurer affording coverage,its agents or representatives. Certificate Holder Citv of San Juan Capistrano Michael C.Weiss City Clerks Office Authorized Representative of Marsh USA Inc. Attn: Don Schanterl (866)443-9489 02-APR-2004 32450 Paseo Adeianto San Juan Capistrano, CA 92675 Phone Date Issued CALIFO A 20-DAY PRELIMI?4RY NOTICE (For use on public and p i:;works- In accordance with Sec. 3097,3098 and 3111, California Civil Code) (To be used by materialmen,suppliers, subcontractors,architects, 000549 engineers and others supplying labor,materials, services or equipment) Date: 05/24/04 You are hereby notified that the undersigned has furnished or will furnish labor, services, equipment or material of the following description: From Claimant To Construction Lender or Reputed Construction Lender G & F Concrete Cutting, Inc. NONE/ JOB # 798 (Name) (Name) P.O. BOX 10215 Addre, (Addass) Santa Ana, CA 9711 (Pty,stare.Zip) (City.Stara Zip) (Ciamort o,Aathmr,od Agent Sisa note) Construction Project: To Owner or Reputed Owner,or Public Agency: JOB # 798 SJD&CITY OF SAN JAUN CAPISTRAO VALLE Mame or newrippon ofprojea) — -- (Name) Ad od,OR Lot 32400 PASAO ADELANTO C/S CAMINO (Street CAPISTRANO drtan No (Address) SAN JAUN CAPISTRANO, CA 92675 (Tra<VsuAdidsion soundanes) (Cay.state.Zip) SAN JAUN CAPISTRANO Construction Loan No (If Known) (City) OR (County) NOTE:This is not a lien on your property but a notice required by law to NOTICE TO PROPERTY OWNER alert you to the possibility of liens being filed in the future if all parties if bills are not paid in full for the labor,services,equipment or who furnish labor and materials to yourjob are not paid in full. materials furnished or to be furnished, a mechanic's lien leading to the loss, through court foreclosure proceedings,of all or part of To Original Contractor or Reputed Contractor: your property being so improved may be placed against the VALVERDE CONSTRUCTION property even though you have paid your contractor in full. You P.O. BOX 3223 (Name) may wish to protect yourself againstthis consequence by [t] (Aadres=) requiring your contractor to famish a signed release by the person SANTA FE SPRINGS , CA 90670-4533 or firm giving you this notice before making paymenttothe [Cay.Stele.Zip) contractor or [2] any other me4d or mice that is appropriate under the circumstances. Z W M 3 m The name of the person who contracted for the purchase Trust funds to which the suppletetrtpl firm a ben", are payable: of labor,services,equipment or materials is: n c- p- _ VALVERDE CONSTRUCTION/MIKEr, _ (Name) Map,7,3 .117 P.O. BOX 3223 --i (Address) (Adds SANTA FE SPRINGS ,CA 90670-4533 N> (Pity,State.Zip) (City,StatBip) a NOTICE: An estimate of the total price of the labor,services,equipment or materials furnished or to be furnished is: $ PROOF OF SERVICE AFFIDAVIT (SECTION 3097.1 AND 3098,CALIFORNIA CIVIL CODE) 1 CATHY LAYDEN , declare that I served the copies of the above Preliminary Notice(Check appropriate box) (a) ❑ By First Class Mail Service,postage prepaid,addressed to each of the parties at the address shown above on 05/24/04 _'20-- 1 declare under penalty of perjury that the foregoing is true and correct. Signedat Santa Ana, CA 92711 ,California,on 05/24/04 20 • (Signature o ,wn aking S e) V CALIF®NIA PRELIMINARY 20-DAY �TICE or use on Private and Public Works IN ACCORDANCE WITH SECTION 3097 AND 3098, CALIFORNIA CIVIL CODE CONSTRUCTION LENDER or YOU ARE HEREBY NOTIFIED THAT. . . Reputed Construction Lender, if any ANYTIME DUMPING, INC. DBA NONE PROVIDED ANYTIME TRUCKING CO. 1880 W. CARSON STREET STE F 311 TORRANCE, CA 90501 OWNER or PUBLIC AGENCY (213) 494-0664 (310) 847-7002 fax or Reputed Owner (on public work) (on private work) Has furnished or will furnish labor,services,equipment or materials of the following general description: SID PARTNERS LTD/CITY OF PROVIDING DUMP TRUCK(S) WITH DRIVER(S) SAN JUAN CAPISTRANO TO HAUL LOAD(S) TO AND FROM JOB SITE. 32400 PASEO ADELANTO SAN JUAN CAPISTRANO. CA 92675 For the building,structure or other work of improvement located at: ORIGINAL CONTRACTOR or SD/WATER, SAN JUAN CAPISTRANO VALLE ROAD Reputed Contractor, if any SAN JUAN CAPISTRANO, CA JOB #798 SID PARTNERS, LTD 2392 MORSE AVENUE The name of the person or firm whoLeontracted for the purchase such labor,services,equipment or terial Ce ;aIRVINE, CA 92614 C-, v VALVERDE CONSTRUCTIONVJNC. C7 ( Y) 10936 SHOEMAKER AVENUE-,= :�1 OTHER IF AN SANTA FE 6 - SPRINGS, CA 90453 VALVERDE CONSTRUCTION, INC. 10936 SHOEMAKER AVENUE N SANTA FE SPRINGS CA 90670-4533 An estimate of the total price of the labor,serWies,equipment or materials furnished or to be furnished is: $ 30,000.00 NOTICE TO PROPERTY OWNER If this notice is given y subcontractor who is required under a If bills are not paid in full for the labor,services, collective bargaining agreement to pay fringe benefits,the names equipment,or materials furnished or to be furnished,a and addresses of the laborers and express trust funds follow: mechanic's lien leading to the loss,through court (strike if Inapplicable) foreclosure proceedings,of all or part of your property being so improved may be placed against the property even though you have paid your contractor in full.You may wish to protect yourself against this consequence Name by(1)requiring your contractor to fumish a signed ( ) (Address) '8 release by the person or firm giving you this notice s►p before making payment to your contractor,or(2)any (name) �� dress) other method or device that is appropriate under the ' circumstances. r S (name) (address) PROOF OF SERVICE AFFIDAVIT M. Evans,declare that I served copies of the above Preliminary Notice By First Class Registered/Certified Mail, postage prepaid, addressed to each of the parties named above on S - Z \- CG'-{ . I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. p PRLM Rev.01-04 (date) (signature) AL CALIFORNIA PRELIMINARY NOTICE Ilft 317 , 04 THIS NOTICE IS GIM PURSUANT TO SECTIONS 3097 AND 309 CALIFORNIA CIVIL CODE THIS IS NOT A LIEN. THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR. YOU ARE HEREBY NOTIFIED: DATE: May 21,2004 THE NAME AND ADDRESS OF THE PER$ON OR FIRM WHO HAS FURNISHED OR WILL FURNISH LABOR, SERVICES, EQUIPMENT OR MATERIAL OF THE FOLLOWING DESCRIPTION IS: I DESCRIPTION OF LABOR,SERVICES,EQUIPMENT OR MATERIAL: N F NEWMAN BACKHOE SERVICE, INC. D O 1 7381 Walnut Avenue OPERATED AND MAINTAINED EQUIPMENT RENTAI I R R Buena Park, CA 90620-1759 V M D BY: JOB NAME AND LOCATION: SAVALA(VALVERDE CONST.#798) U Kathkjn Kleinhans END OF VALLE RD S/O LA NOVIA A L PACIFIC POINT SEWER DRAIN THE NAME AND ADDRESS OF THE PERSON WHO CONTRACTED SAN JUAN CAP, CA FOR THE PURCHASE OF(PRIVATE WORKS)OR WHO WILL BE '•""'TM"'•""•"""'NOTICE TO PROPERTY OWNER'•"'•'••"•••'••""' FURNISHED(PUBLIC WORKS)SUCH LABOR,SERVICES, IF BILLS ARE NOT PAID IN FULL FOR THE LABOR,SERVICES,EQUIPMENT OR EQUIPMENT OR MATERIAL IS: MATERIALS FURNISHED OR TO BE FURNISHED,A MECHANIC'S LIEN LEADING TO THE LOSS,THROUGH COURT FORECLOSURE PROCEEDINGS,OF ALL OR PART OF SAVALA EQUIPMENT RENTAL YOUR PROPERTY BEING SO IMPROVED MAY BE PLACED AGAINST THE PROPERTY EVEN THOUGH YOU HAVE PAID YOUR 16402 E. CONSTRUCTION CIR. CONTRACTOR IN FULL YOU MAY WISH TO PROTECT YOURSELF AGAINST IRVINE, CA 92606-4408 THIS CONSEQUENCE BY(1)REQUIRING YOUR CONTRACTOR TO FURNISH A SIGNED RELEASE BY THE PERSON OR FIRM GIVING YOU THIS NOTICE BEFORE MAKING A PAYMENT TO YOUR CONTRACTOR,(2)ANY OTHER TO: OWNER,REPUTED SJD&CITY OF SJ CAPO METHOD OR DEVICE THAT IS APPROPRIATE UNDER THE CIRCUMSTANCES. OWNER OR 32400 PASAO ADELANTO OTHER THAN RESIDENTIAL HOMEOWNERS OF DWELLINGS CONTAINING PUBLIC ENTITY FEWER THAN FIVE UNITS,PRIVATE PROJECT OWNERS MUST NOTIFY THE SAN JUAN CAPD CA 92675 ORIGINAL CONTRACTOR AND ANY LIEN CLAIMANT WHO HAS PROVIDED THE OWNER WITH A PRELIMINARY 20-DAY LIEN NOTICE IN ACCORDANCE WITH TO: ORIGINAL VALVERDE CONSTRUCTION SECTION 3097 OF THE CIVIL CODE THAT A NOTICE OF COMPLETION OR NOTICE CONTRACTOR OR OF CESSATION HAS BEEN RECORDED WITHIN 10 DAYS OF ITS RECORDATION. REPUTED 10996 SHOEMAKER AVE. NOTICE SHALL BE BY REGISTERED MAIL,CERWIED MAIL,OR FIRST-CLASS MAIL CONTRACTOR SANTA FE SPRINGS CA 90670 EVIDENCED BY A CERTIFICATE OF MAILING. FAILURE o TO NOTIFY WILL EXTEND THE DEADLINES TO 9CORD ARJEN. c c- TO: LENDOR OR NONE REPORTED TRUST FUNDS TO WHICH SUPPLEMENTALWMGE 81 NEFI RE PAYABLE: REPUTED LENDER OPERATING ENGINEERS TRUS4FUNDJ P.O. BOX 7064 �I PASADENA, CA. 91109-7064 �' ra TO: SUBCONTRACTOR SAVALA EQUIPMENT RENTAL 16402 E CONSTRUCTION CIRCLE (MATERIAL MEN NOT REQUIRED TO FU(_IISH THEzJABOVE) IRVINE CA 92606-4408 ESTIMATED PRICE OF THE LABOR, SERVICES, EQUIPMENT OR MATERIAL DESCRIBED HEREIN: $7,500.00 PROOF OF SERVICE AFFIDAVIT•(SECTION 3097.1,CALIFORNIA CIVIL CODE) Kathryn Kleinhans ,declare that I served copies of the above PRELIMINARY NOTICE check p ( appropriate box). (a)[ ] By personally delivering copies to at (name(s)and title(s)of persons served) On I , at .m. (date) (year) (time) (b) [ X]By First Class Certified or RegistereMail service, postage prepaid, addressed to each of the parties at the address shown above on , 2004 I declare under penalty of perjury that the foregoing is true and correct. Signed at BUENA PARK CA. on //� SI 2004 Signature of person making servicer' ti UA-� X �5'w . [ATTACH RECEIPTS OF CERTIFIED OR.REGISTERED MAIL WHEN RETURNED] AkPRELIMINARY 20-DAY NOTICE(PRIVATE WORK)� Cal Civil Code Sections 3097,3098,3111,3241&325 THIS IS NOT A LIEN.THS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR T0:OWNER 1.The following is a general description of OR REPUTED OWNER the labor,arvice,squipmsnt or materials SJO Partners LTD furnished or to be furnished by the undersigned: City of San Jan Capistrano PIpe,Valws,Fhdngs etc. 32400 PaseoAdelanto San Jan Capistrano,CA 92675 2.Estimated Price:$5,000.00 TO:ORIGINAL CONTRACTOR 3.The name of the person who furnished that labor,service, ORREPUTEDCONTRACTOR equipment or materials is: SJD Partners LTD S&J Supply Compaq,Inc. 2392 Morse Avenue S&J Supply Company,Inc. Irvine,CA 92614 13105 Florence Avenue Sante Fe Springs,CA 90670 n TO:LENDER SURETY OR 4.The name of the person who eonb*cw&r purcrm of ON BONDING COMPANY labor,service,equipment or material Is: s R1 Valverde Construction C _^ 10936ShoemakerAve _ Ri Sank Fe Springs,Ca 90670 c�- .a 5.The description of ths)obsite is: Pacific point Sewer D Rl Valle Road q. C7 San Juan Capistrano,CA 92675,in the Coi*of Orange VERIFICATION O 00 1 declare that i am authorized to RN this PRELIMINARY 20-DAY NOTICE(PRIVATE WORK) on behalf of the claimant 1 have read the foregoing document and know the contents thereat;the wane is true of my own knowledge.I declare under penally of perjury under the laws of the Stats of California that the foregoing is true and correct Executed at Sante Fe Springs, California on 09114004 for S&J SUPPLY COMP fY,INC.S SUPPLY COMPANY,INC.. ey: Phone:(562)9447433 Fax:(552)W7166 Rite Smith,Administrative Assistant PROOF OF SERVICE BY MAIL AFFIDAVIT I, Rite Smith declare that I served copies of the above PRELIMINARY 20-DAY NOTICE(PRIVATE WORK) By First Class Certified Realm Receipt Requested or Registered Mall service, postage prepaid, addressed te each of the paribs at the addresses shown above on 0511412004. 1 under penalty of perjury under the laws of ft Slate of California thatthe foregoing Istrue and correct By� Rite Smith,Administrative Amstar Ex utsd at Sante Fe Springs,Ce fomle on 00412004. NOTICE TO PROPERTY OWNER If bids are not paid In full for the labor,services,equlpmentor nmft"s furnished or to be furnished,a Mechanic's Lion lading to the less, through court foreclosure proceedings,of a6 or part of your property being so improved may be placed against the property oven though you havepaidyour coetracmr In1u6. You may wish b proledyourselfagainst this consequence by(1)Requiring your contrar:lor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor,or (2)Any other method or device that Is appropriate under the circumstances. Other than residential homeowners of dwellings containing fewer d*fhye units, privateproject owners must notify the original contractor and any gen claimant who has provided the owner with a preliminary 2"q Ilan notice In accordance with Section 3097 of the Civil Code that a notice of completion or notice of cessation has been recorded within 10 days of its recordation.Notice shall be by regisbred mall,certlMd mail, or first class mall,wMenced by a certificate of malfing.Failure to notify will extend the deadlines to record a lien. Al 11104 1 Fi „SJSupply Company,Ino, F—�• 13105 Fbrenee Avenue , Santa Fe Springs,CA 90670 )C, o=i[9 2640 2273 .'.. . 6 !e:TURN RECEIPT REQUESTED / SJD Partners LTD City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 III,IIInlIInllni.,,II,III gill CRNIA PRELIMINARY ICE 45716 IN ACCO NCE WITH SECTION 3097 AND 3098, CALI NIA CIVIL CODE THIS ISN T A LIEN,THIS ISN T A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR YOU ARE HEREBY NOTIFIED THAT. . . _,AVATLn EQUIPMENT COMPANY, INC- (name of person or firm furnishing labor, services, equipment or CONSTRUCTION LENDER or material) Reputed Construction Lender, if any 1640' E. CONSTROCTION -L. (address of person or firm furnishing labor, services, T_A.VINE,CA. 92606-441)q NONE REPORTED equipment or material) has furnished or will furnish labor, services, equipment or materials of the following eneral description: HEAVY rnNSTPCTION EQJTPMENT (general description of the labor servic s e ui ment or .. OPEpATED s MAINTA1NEnEN'IpA .^ material furnished or to be furnished) for the building, structure or other work of improvement located at: J:DB#79ed�� T"L"VK_fkI bVit?dE'R OWNER or PUBLIC AGENCY STORM DRAIN VALLE RD/LA SOMA or Reputed Owner (on public work) SAN IT syff � lepti (on private work) The name of the person or firm who contracted for the S.TD 6 CITY OF SAN JUAN CAPISTRANO Purc st`9 ,1a�, �9 .,,�?ulKnenl).)�aterial is: 0 3'400 PASAC ADELANTO 10936 SHOEMAKER AVENUE SAN JUAN CAPISTRANO, CA 92675 SP&TA FE __.._ _ , ..�A 906:. 9 WC An estimate W the t2d price of the labor, services NJ equipment or Fmterials arlishecCVto be furnished is: E 5n '00 3 m SachohF4kattI Rfy�s9fdtiEre3nd�A%G Atai14A pay aII compensaAon tlue hUF lahorers on the to snohce shall also contain the ORIGINAL CONTRACTOR or itlen4ryandaddressl ,aoylaborer�rdanyezwstfundtowhomemployer Reputed Contractor, if any payments are due` "TICE TO"OPERIM11111INER If bills are notiaid in fWWor the labor,services,equip- ment, or materials furnished or to be furnished, a C VALVERDE CONS;TPAJCTION INC mechanic's lien leading to the loss, through court I0936 STIOEI$Alt#s4Z AVE foreclosure proceedings,of all or part of your property being so improved may be placed against the property Q SANTA FE SPRINGS; CA 90670 even though you have paidyour contractor in full.You P ma wish to protect yourself against this consequence by�1)requiring your contractor to furnish a signed release by the person or firm giving you this notice before malting payment to your contractor or(2)any other method or Y device that is appropriate under the circumstances.Other than residential homeowners of dwellings containing fewer than five units,private project owners must notify the original contractor and any lien claimant who has SUBCONTRACTOR with whom claimant provided the owner with a preliminary20-daylien notice has contracted in accordance with Section 3097 of the Civil Code that a notice of completion or notice of cessation has been recorded within 10 days of its recordation.Notice shall be VALVERDE CINSTF.UCTION, INC_ by registered mail, certified mail, or first-class mail, 10936 sxoEMANCEP. AVENUE a ced by a certificate of mailing.Fail to oti will ext nr hedb�tllide3do-r@OdFdalien /� SANTA FE SPRINGS, CA 90670 Da ed TnANN., V_AR--GAC C AUTHOR.IZgn AGENT Sim �� // s n urp j (title) 4. dIS 949-552-18599Telep Number( )This form(No.594C Revised 1-1-2004 ©Copyri edb [ribuletlt o hBUILDING INDUSTRY CREDIT ASSOCIATION(213)251-1100 0 6 CALIFORNIA PRELIMINARY 20 DAY NOTICE(PRIVATE OR PUBLIC WORK) THIS IS NOT A LIEN. THIS NOTICE IS GIVEN PURSUANT TO CIVIL CODE SECTIONS 3097 AND 3098 NOTICE TO PROPERTY OWNER IF BILLS ARE NOT PAID IN FULL FOR THE LABOR,SERVICES,EQUIPMENT,OR MATERIALS FURNISHED OR TO BE FURNISHED,A MECHANIC'S LIEN LEADING TO THE LOSS,THROUGH COURT FORECLOSURE PROCEEDINGS,OF ALL OR PART OF YOUR PROPERTY BEING SO IMPROVED MAY BE PLACED AGAINST THE PROPERTY EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL. YOU MAY WISH TO PROTECT YOURSELF AGAINST THIS CONSEQUENCE BY(1)REQUIRING YOUR CONTRACTOR TO FURNISH A SIGNED RELEASE BY THE PERSON OR FIRM GIVING YOU THIS NOTICE BEFORE MAKING PAYMENT TO YOUR CONTRACTOR,OR(2) ANY OTHER METHOD OR DEVICE THAT IS APPROPRIATE UNDER THE CIRCUMSTANCES. OTHER THAN RESIDENTIAL HOMEOWNERS OF DWELLINGS CONTAINING FEWER THAN FIVE UNITS,PRIVATE PROJECT OWNERS MUST NOTIFY THE ORIGINAL CONTRACTOR AND ANY LIEN CLAIMANT WHO HAS PROVIDED THE OWNER WITH A PRELIMINARY 20-DAY LIEN NOTICE IN ACCORDANCE WITH SECTION 3097 OF THE CIVIL CODE THAT A NOTICE OF COMPLETION OR NOTICE OF CESSATION HAS BEEN RECORDED WITHIN 10 DAYS OF ITS RECORDATION.NOTICE SHALL BE BY REGISTERED MAIL,CERTIFIED MAIL,OR FIRST-CLASS MAIL,EVIDENCED BY A CERTIFICATE OF MAILING.FAILURE TO NOTIFY WILL EXTEND THE DEADLINES T ECOR LIEN. c DATE 03/11/04 M YOU ARE HEREBY NOTIFIED THAT THE UNDERSIGNED HAS FURNISHED OR WILL FURNISH LAB§ SERVICES, EQUIPMENT OR MATERIAL OF THE FOLLOWING DESCRIPTION: {yam DESCRIPTION OF LABOR.SERVICES.ECDIP�IENT OR hmRIAL r e e PERSON FURNISHING LABOR,SERVICES.EQUIPMENT OR MATERIAL SUPPLIED,OR TO BE SUPPLIED >C" alverde Construction,Inc. Furnish all Labor,Equipmentan'_3Mater 10936 Shoemaker Avenue Santa Fe Springs,CA 90670 ^ THE NAME AND ADDRESS OF THE PERSON CONTRAOi FOR TO OWNER,REPUTED OWNER.OR PUBLIC AGENCY THE ABOVE(YOUR CUSTOMER)IS. SJD&City of San Juan Capistrano SJD Partners LTD _ 32400 Paseo Adelanto 2392 Morse Ave. San Juan Capistrano, CA 92675 Irvine, CA 92614 TO PRIME,REPUTED,OR ORIGINAL CONTRACTOR JOB SITE(STREET AND LEGAL DESCRIPTION,IF KNOWN)' alverde Construction,Inc. Pacific Point Sewer/SD 10936 Shoemaker Ave. Camino Capistrano Santa Fe Springs,CA 90670 San Juan Capistrano, CA TO.CONSTRUCTION LENDER OR REPUTED CONSTRUCTION LENDERESTIMATE OF THE TOTAL PRIG H R,S VIC S, _ QUIPMEW OR MATERIALS FURNISHED OR TO BE FURNISHED IS'. N/A $1,412,770.00 TRUST FUNDS TO WHICH SUPPLEMENTAL BENEFITS ARE PAYABLE ❑ IF THIS BOX IS CHECKED,THE NAMES AND ADDRESSES OF CONSTRUCTION: Cement masons, ANY LABORERS TO WHOM EMPLOYER PAYMENTS ARE DUE AS )perating Engineers, OF THE DATE OF THIS NOTICE-ARE CONTAINED ON ATTACHMENT Car enters "A",WHICH IS INCORPORATED HEREIN AND MADE A PART HEREOF. (ONLY SUTA oNTRACTDRS ME REQUIRED TO DOITIFY THE TRUST FUNDI (SIGNATURE) (DATE) (NAME OF PERSON SIGNING RITUM PROOF OF AFFIDAVIT I, James Heard,declare that I served copies of the above PRELIMINARY NOTICE,(check appropriate box). (a) [ ] By personally delivering copies to (name and title of person served)at (Address) on (date),at (time). (b) [X] By First Class Certified or Registered Mail service,postage prepaid,addressed to each of the parties at the address shown above on March 11,2004 I deClare under PenaKy W perjury under the less W the state of California Net the foregoing is true and cOrred. Signed at SANTA FE SPRINGS California, on March 11,2004 r [ATTACH RECEIPTS OF CERTIFIED OR REGISTERED MAIL WHEN RETURNED] auresBa ,fin sTlKING SERVICE � SIGNATURE OF PERSON MAKING SERVICE 1^ SERVICE OF 20-DAY PRELIMINARY NOTICE Service of the Preliminary Notice is most important. Failure to serve the notice properly will most likely result in determination that the Preliminary Notice was served improperly and keep you from recording a valid Mechanic's Lien on a private work. Failure to serve a Preliminary notice within 20 days after you first furnish labor, services, equipment or supplies on Public Work may prevent the government entity from withholding funds from the contractor. Preliminary Notices are generally served in one of two ways. The first is by personal service and the second is by First Class Certified or Registered Mail with a return receipt. Whether you choose the first or second method, a Proof of Service Affidavit must be filled out by all persons and/or entities who serve the Preliminary Notice. The Proof of Service Affidavit is found on the bottom of the Preliminary Notice. To personally serve a Preliminary Notice for a Private Work you must actually hand the Preliminary Notice to the following three persons or entities: 1) owner, reputed owner, 2) the prime contractor or reputed or original contractor; and 3) the construction lender or reputed construction lender. To personally serve the Preliminary Notices for Public Work, hand the Preliminary Notice to the contracting officer of the public agency, and the prime contractor, or reputed or original contractor. Service by mail of the Preliminary Notice for Private Work, or a Public Work must be done by Certified or Registered mail with a return receipt. The law provides that you must mail in this manner. The law does not provide that mailing must be accepted by the recipient. Therefore, if the certified or registered mail envelope is refused, you should take the return envelope and put it in your job file and keep it there sealed. If you choose to serve by mail, you must serve every person and/or entity referred to above and then attach the receipts of the Certified or Registered mail to your copy of the Preliminary Notice when returned. In the case of a Public Work, the prime, or reputed or original contract with whom you contracted, may be served at his/her office, home or place where he/she conducts business. The contracting officer can be served at the address of the agency. To serve a Preliminary Notice for a work constructed by the Department of Public Works or the Department of General Services of the State, deliver or mail the Preliminary Notice to the disbursing officer of the department in charge of the project. You may also "file" this Preliminary Notice with the County where the site is located. The Recorder will then send you a postcard if a notice of Cessation is recorded on the project. If there is a bond on the project, you should also serve this notice on the bonding company in lieu of a separate bond notice. Remember the time period in which you should serve your 20-Day Preliminary Notice is within twenty (20) days of when you first provide labor or supply materials to the jobsite. CALIFORNIPRELIMINARY 20 DAY NOTICE(PRIVATE OROBLIC WORK) THIS IS NOT A LIEN. THIS NOTICE IS GIVEN PURSUANT TO CIVIL CODE SECTIONS 3097 AND 3098 NOTICE TO PROPERTY OWNER IF BILLS ARE NOT PAID IN FULL FOR THE LABOR,SERVICES,EQUIPMENT,OR MATERIALS FURNISHED OR TO BE FURNISHED,A MECHANIC'S LIEN LEADING TO THE LOSS,THROUGH COURT FORECLOSURE PROCEEDINGS,OF ALL OR PART OF YOUR PROPERTY BEING SO IMPROVED MAY BE PLACED AGAINST THE PROPERTY EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL. YOU MAY WISH TO PROTECT YOURSELF AGAINST THIS CONSEQUENCE BY(1)REQUIRING YOUR CONTRACTOR TO FURNISH A SIGNED RELEASE BY THE PERSON OR FIRM GIVING YOU THIS NOTICE BEFORE MAKING PAYMENT TO YOUR CONTRACTOR OR(2) ANY OTHER METHOD OR DEVICE THAT IS APPROPRIATE UNDER THE CIRCUMSTANCES. OTHER THAN RESIDENTIAL HOMEOWNERS OF DWELLINGS CONTAINING FEWER THAN FIVE UNITS,PRIVATE PROJECT OWNERS MUST NOTIFY THE ORIGINAL CONTRACTOR AND ANY LIEN CLAIMANT WHO HAS PROVIDED THE OWNER WITH A PRELIMINARY 20-DAY LIEN NOTICE IN ACCORDANCE WITH SECTION 3097 OF THE CIVIL CODE THAT A NOTICE OF COMPLETION OR NOTICE OF CESSATION HAS BEEN RECORDED WITHIN 10 DAYS OF ITS RECORDATION.NOTICE SHALL BE BY REGISTERED MAIL,CERTIFIED MAIL,OR FIRST-CLASS MAIL,EVIDENCED BY A CERTIFICATE OF MAILING.FAILURE TO NOTIFY WILL EXTEND THE DEADLINES TO RECORD A LIEN. DATE 03/11/04 n 0 YOU ARE HEREBY NOTIFIED THAT THE UNDERSIGNED HAS FURNISHED OR WILL FURNISH LABOR SERVICES, EQUIPMENT OR MATERIAL OF THE FOLLOWING DESCRIPTION: nCr-' a m DESCRIPTION OF LIBOR,SERVICES,EOII i T OR ARMIL PERSON FURNISHING LABOR,SERVICES,EQUIPMENT OR MATERIAL SUPPLIED,OR TO BE SUPPLIED alverde Construction,Inc. Furnish all Labor,Equipment aaten 10936 Shoemaker Avenue Santa Fe Springs,CA 90670 THE NAME AND ADDRESS OF THE PE4PN CONTRACTING FOR go TO:OWNER,REPUTED OWNER.OR PUBLIC AGENCY THE ABOVE(YOUR CUSTOMER)IS LL! SJD 8 City of San Juan Capistrano SJD Partners LTD 32400 Paseo Adelanto 2392 Morse Ave. San Juan Ca istrano, CA 92675 Irvine, CA 92614 TO PRIME.REPUTED,OR ORIGINAL CONTRACTOR JOB SITE(STREET AND LEGAL DESCRIPTION,IF KNOWN): alverde Construction, Inc. Pacific Point Sewer/SDIVJater 10936 Shoemaker Ave. Valle Road Santa Fe Springs,CA 90670 Isain Juan Ca istrano, CA TO.CONSTRUCTION LENDER OR REPUTED CONSTRUCTION LENDERN S IMATE OF THE TOTAL PRIDE OF H SE QUIPMENT OR MATERIPLS FURNISHED OR TO BE FURNISHNISHEDD IS ' N/A $883,369.00 TRUST FUNDS TO WHICH SUPPLEMENTAL BENEFITS ME PAYABLE ❑ IF THIS BOX IS CHECKED,THE NAMES AND ADDRESSES OF CONSTRUCTION: Cement masons, ANY LABORERS TO WHOM EMPLOYER PAYMENTS ARE DUE AS laborers,Teamsters, Operating Engineers, OF THE DATE OF THIS NOTICE ARE CONTAINED ON ATTACHMENT Car enters "A",WHICH IS INCORPORATED HEREIN AND MADE A PART HEREOF. (ONLY s,IacONTFACTORSARE REQUIRED TO IDENTIFY THE TRUST FUNDI (SIGNATURE) (DATE) (NAME OF PERSON SIGNING (TITLE) PROOF OF AFFIDAVIT I, James Heard,declare that I served copies of the above PRELIMINARY NOTICE,(check appropriate box). (a) [ ] By personally delivering copies to (name and title of person served)at (Address) on (date),at (time). (b) [X] By First Class Certified or Registered Mail service,postage prepaid,addressed to each of the parties at the address shown above on March 11,2004 1 declare under penalty or perjury under the Dens of the slate Dr Calirorris that the h regdnq is hue and coned. Signed at SANTA FE SPRINGS California, on n March 11,2004 41 [ATTACH RECEIPTS OF CERTIFIED OR REGISTERED MAIL WHEN RETURNED] / aures Hearo,Accounts Receivable SIGNATURE OF PERSON MAKING SERVICE SERVICE OF 20-DAY PRELIMINARY NOTICE Service of the Preliminary Notice is most important. Failure to serve the notice properly will most likely result in determination that the Preliminary Notice was served improperly and keep you from recording a valid Mechanic's Lien on a private work. Failure to serve a Preliminary notice within 20 days after you first furnish labor, services, equipment or supplies on Public Work may prevent the government entity from withholding funds from the contractor. Preliminary Notices are generally served in one of two ways. The first is by personal service and the second is by First Class Certified or Registered Mail with a return receipt. Whether you choose the first or second method, a Proof of Service Affidavit must be filled out by all persons and/or entities who serve the Preliminary Notice. The Proof of Service Affidavit is found on the bottom of the Preliminary Notice. To personally serve a Preliminary Notice for a Private Work you must actually hand the Preliminary Notice to the following three persons or entities: 1) owner, reputed owner, 2) the prime contractor or reputed or original contractor; and 3) the construction lender or reputed construction lender. To personally serve the Preliminary Notices for Public Work, hand the Preliminary Notice to the contracting officer of the public agency, and the prime contractor, or reputed or original contractor. Service by mail of the Preliminary Notice for Private Work, or a Public Work must be done by Certified or Registered mail with a return receipt. The law provides that you must mail in this manner. The law does not provide that mailing must be accepted by the recipient. Therefore, if the certified or registered mail envelope is refused, you should take the return envelope and put it in your job file and keep it there sealed. If you choose to serve by mail, you must serve every person and/or entity referred to above and then attach the receipts of the Certified or Registered mail to your copy of the Preliminary Notice when returned. In the case of a Public Work, the prime, or reputed or original contract with whom you contracted, may be served at his/her office, home or place where he/she conducts business. She contracting officer can be served at the address of the agency. To serve a Preliminary Notice for a work constructed by the Department of Public Works or the Department of General Services of the State, deliver or mail the Preliminary Notice to the disbursing officer of the department in charge of the project. You may also "file" this Preliminary Notice with the County where the site is located. The Recorder will then send you a postcard if a notice of Cessation is recorded on the project. If there is a bond on the project, you should also serve this notice on the bonding company in lieu of a separate bond notice. Remember the time period in which you should serve your 20-Day Preliminary Notice is within twenty (20) days of when you first provide labor or supply materials to the iobsite. 3/16/2004 D10 AGENDA REPORT TO: Dave Adams, City Manager FROM: Cindy Russell, Acting Assistant City Manager SUBJECT: Consideration of Amendment to Water Facilities Agreement -SunCal Properties (SJD Partners, Ltd) RECOMMENDATION: By Motion, approve the Amendatory Agreement to the Water Facilities Agreement for SunCal Properties (SJD Partners, Ltd). SITUATION: On September 2, 2003, the City entered in a Water Facilities Agreement with SJD Partners, Ltd. (the "Developer') for SunCal properties, also known as Pacifica San Juan. The Water Facilities Agreement provides the means for allowing the construction of water improvements as well as the mechanism for reimbursing and crediting the Developer for the costs incurred in constructing such improvements. Section I A 2 of the Water Facilities Agreement provides for the construction of a 4 million gallon reservoir in the 760S zone (Phase 1) including a feeder pipeline, access road, drainage facilities, electric service, and an additional graded pad for a future (Phase II) 4 million gallon reservoir at this location. On February 10, 2003, the City received a formal request (Attachment 3) from South Coast Water District (SCWD) to include 2 million gallons of reservoir capacity in the Phase I reservoir project. The Developer concurred and the mechanism for SCWD to participate in the construction cost was outlined in Section II B 2 of the Water Facilities Agreement. On October 9, 2003, SCWD sent the City a letter (Attachment 2) indicating that they would be meeting this capacity need through other means. The City has the option to reduce the size of the Phase I reservoir or take the position of SCWD in the agreement. Given our existing need for reservoir storage and the reduced size of the Terminal No. 2 reservoir replacement, staff is recommending this reservoir be maintained at 4 million gallons and that the City take the position of SCWD as far as cost reimbursement. The attached Amendatory Agreement provides the necessary language for this change. Staff recommends the City Council approve the Amendatory Agreement to the Water Facilities Agreement. FOR CITY COUNCILAGENDA..R Agenda,Report • • Page 2 March 16, 2004 COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: The Water Advisory Commission as been apprised of this development and supports the Amendatory Agreement. FINANCIAL CONSIDERATIONS: The City is currently updating the City's Domestic Water Master Plan. The DWMP provides for the City to take on the SCWD portion of the Phase I reservoir. NOTIFICATION: Mr. Ron Freeman, SJD Partners, Ltd." .Agenda Report included ALTERNATE ACTIONS: 1. By Motion, approve the Amendatory Agreement to the Water Facilities Agreement for SunCal Properties (SJD Partners, Ltd). 2. Do not approve the Amendatory Agreement. 3. Request additional information from staff. RECOMMENDATION: By Motion, approve the Amendatory Agreement to the Water Facilities Agreement for SunCal Properties (SJD Partners, Ltd). Respectfully submitted, Cindy Rus ell Acting Assistant City Manager Attachment: 1. Amendatory Agreement 2. Letter from SCWD dated October 9, 2003 3. Letter from SCWD dated February 10, 2003 AMENDATORY AGREEMENT WATER FACILITIES AGREEMENT- SUNCAL PROPERTIES This Amendatory Agreement is entered into this _ day of 2004, by and between the City of San Juan Capistrano (hereinafter "City"), and SJD Partners, Ltd. (hereinafter referred to as "Developer"). RECITALS: Whereas, City and Developer have entered into a Water Facilities Agreement dated September 2, 2003, providing for the construction of certain domestic and non- domestic water facilities in conjunction with its project referred to as the "Suncal Project", and Whereas, Section II B of said agreement anticipated that the South Coast Water District ("SCWD") would purchase a one-half capacity right in a 4MG water reservoir to be constructed by the Developer, and Whereas, SCWD has now represented that it no longer wishes to participate in the purchase of capacity rights in the 4MG facility, and Whereas, SCWD's determination of non-participation will require an amendment to the Water Facilities Agreement wherein City will assume SCWD's financial role under the following terms and conditions set forth herein, NOW, THEREFORE, BE IT RESOLVED BETWEEN CITY AND DEVELOPER AS FOLLOWS: Section 1. City to Assume SCWD's Reimbursement Role. Section II B of the September 2, 2003 Water Facilities Agreement is hereby amended in its entirety to read as follows: "Section II B. Reimbursement Obligation/City's Substituted Role In Place of South Coast Water District. The parties agree that City shall assume the reimbursement role of SCWD as described in the agreement for a portion of costs of the Reservoir and related improvements as follows: ATTACHMENT 1. Upon commencement of construction, City shall make monthly progress payments directly to Developer as construction proceeds in the amount of: 50% of the cost of the reservoir facility design and construction; 25% of the total site grading; 25% of the total site buttressing; 25% of the slope finish, sub drains, and surface drains; 25% of the access road to the site; 50% of the valving and pipelines to connect the 4MG Reservoir to the existing SC04 line; 25% of the Coastal Sage and other required environmental mitigation. 2. Developer shall submit detailed monthly invoices providing specific data to enable the City's finance department to conduct an accounting to insure that the above stated percentages are accurately reflected in the work performed. 3. Developer's obligation to front the remaining costs of design and construction shall terminate at such time that the total project costs reach 5.5 million dollars." Section 2. Other Terms and Conditions. All other terms and conditions of the September 2, 2003 Water Facilities Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendatory Agreement on the date above written. SJD Partners, Ltd. By: Bruce Elieff, its Attest: City of San Juan Capistrano By: By: Margaret R. Monahan Joe Soto, Mayor City Clerk Approved as to Form: By: John R. Shaw, City Attorney SOUTH COAST tx WATER DISTRICT "" Providing Quality Water and Wastewater Services to the Coastal Communities October 9, 2003 DO Ms. AmY Amirani OCT 1 5 203 Director of Public Works City of San Juan Capistrano PUBLIC WORKS 32400 Paseo Adelanto San Juan Capistrano, CA 92675 RE: 7605 RESERVOIR Dear Ms. Amirani: As you are aware, the District has been studying various options to supplement its water storage within the Capistrano Beach service area. The study considered a joint project with the City of San Juan Capistrano (CSJC) at its 760S Reservoir site. The study has been completed and the District would be able to provide for storage at another location other than the 760S Reservoir site. The District wants to thank you and your staff for all of the work and assistance that you provided us. That effort helped us in our study to reach our decision in providing storage at another location. If you have any questions or require further information, please feel free to contact me. Very truly yours, SOUTH COAST WATER DISTRICT i AA ', Michael P. Dunbar General Manager MPD:rb cc: Mr. Joe Sovella, SCWD Mr. Joe McDivitt, SCWD Mailing Address: P.O. Box 30205, Laguna Niguel, CA 92607.0205 Street Address: 31592 West Street, Laguna Beach, CA 92651 Fax: (949) 499.4256 Phone: (949) 499.4555 ATTACHMENT 2 SOUTH COASTit WATER DISTRICT Providing Quality Water and Wastewater Services to the Coastal Communities February 10, 2003 � 24M Ms. Amy Amirani Director of Public Works City of San Juan Capistrano 3200 Pasco Adclax.ta San Juan Capistrano, CA 92675 RE: 760S RESERVOIR SCWD REQUEST FOR CAPACITY Dear Ms. Amirani: South Coast Water District (SCWD) has been discussing its need for additional reservoir storage capacity. Some of those discussions have been held with City of San Juan Capistrano (CSJC) staff and representatives from SunCal Companies. In particular, the discussions have centered around storage capacity in a fixture reservoir, known as the 760S Reservoir. The District would like to formally request 2.0 million gallons of storage capacity in the future reservoir, known as the 760S Reservoir. It is the District's understanding that the water would be conveyed through existing or soon to be constructed pipelines to a point of connection in the vicinity of Via California and Camino Las Rambles. The District would be responsible for the connection to convey water into its system. Thank you for the opportunity to share in this joint project. If you have any questions or require further information, please feel free to contact me. Very truly yours, SOUTH COAST WATER DpISTRRICT Michael P. Dunbar General Manager MPD:rb Mailing Address: P0. Bos 30205, Laguna Niguel, CA 92607.0205 Street Address: 31592 West Street, Laguna Beach, CA 92651 Fax: (949) 499-4256 Phone: (949) 499.4555 ATTACHMENT �tw* 0 MEMBERS OF THE CITY COUNCIL ® OIANEL.BATHGATE JOHN S. GELFF WYATT HART 32400 PASEO ACEI-ANTO aS �jy' JOE SOTO SAN JUAN CAPISTRANO,CA 92675 �S },y" m[oAvo AAiEo DAVID M.SWERDLIN (949)493-1171 •V� ISTnauseto 1961 (949)493.1053 FAX 1776 � CITY MANAGER WWW.sanjuanCapistrano.org DAVE ADAMS NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 7:00 p.m. on March 16, 2004 in the City Council Chamber in City Hall, to consider: "Consideration of Amendment to Water Facilities Agreement - SunCal Properties (SJD Partners, Ltd.)" — Item No. D10 If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at City Hall by 5:00 p.m. on Monday, March 15, 2004 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a blue 'Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Cindy Russell, Acting Assistant City Manager. You may contact that staff member at (949) 443-6313 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancaoistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: council-agendasCcDsanivancaoistano.org. Meg Monahan, CMC City Clerk cc: Ron Freeman, SJD Partners, Ltd.; Cindy Russell, Acting Assistant City Manager Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future Ab MEMBERS OF THE CITY COUNCIL / IDIANETE ) JOHN S..GELFFELFF MATT HART i� JOESOTO 32400 PASEO ADELANTO IA[IAXAIAIIX DAVID M.SWERDLIN SAN JUAN CAPISTRANO, CA 92675 • lS111lISXl1 1961 (949) 493-1 171 1776 (949) 493-1053 (FAX) INTERIMCITY MANAGER ry Ir I r.sanj uancapistrano.org PAMELAGIBSON • • Cer, n November 6, 200301 Recorded in Official Records, County of Orange Tom Daly, Clerk-Recorder Clerk-Recorder's Office 1111111!IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIiIIIIIIIIIIIIIIIIIIINO FEE County of Orange 2003001382042 03:59pm 11112103 P.O. Box 238 117 92 Al2 15 Santa Ana, California 92701 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Re: Water Facilities Agreement— Suncal Properties SENT VIA CERTIFIED MAIL The noted document is enclosed for recording: When placed of record, please return the recorded document to this office. A duplicate copy of this letter is enclosed. Please stamp Document Number and date of recording on the duplicate letter and return it to this office in the enclosed, stamped, self-addressed envelope at your earliest convenience. Thank you for your assistance. Very truly your Ma garet R. Monahan C' Clerk Cc: John Shaw, City Attorney San Juan Capistrano: Preserving the Past to Enhance the Future TRANSMITTAL TO: John Shaw, City Attorney FROM: Meg Monahan, CMC RE: Water Facilities Agreement— Suncal DATE: October 20, 2003 John, This agreement was returned by the OC Recorders office, lacking notarization of Bruce Elieffs Signature. I will provide an acknowledgement for John Gelffs signature, as well. I know I mentioned the difficulty we have with the recorder's office. They had provided me with the format for the cover sheet use for recording documents. I've attached the cover sheet we usually use due to all those problems. When this is completed, please return the original to me and I will forward to the recorder. AJe MEMBERS OF THE CITY COUNCIL DIANEBATHGATE ) JOHN S..GELFFELFF MATT HART JOESOTO 32400 PASEO ADEI-ANTa /� IAHAAl1AiH DAVID M.SWERDLIN SAN JUAN CAPISTRANO, CA 92675 • ❑IAIttSY[I ) 1961 (949) 493-1171 1776 (949) 493-1053 (FAX) • • INTERIM CRY MANAGER wiviv sanjuancapistran o.org PAMELA GIBSON October 9, 2003 Clerk-Recorder's Office County of Orange P.O. Box 238 Santa Ana, California 92701 Re: Water Facilities Agreement— Suncal Properties SENT VIA CERTIFIED MAIL The noted document is enclosed for recording: When placed of record, please return the recorded document to this office. A copy of this letter is enclosed. Please stamp Document Number and date of recording on the duplicate letter and return it to this office in the enclosed, stamped, self-addressed envelope at your earliest convenience. Thank you for your assistance. U.S. Postal Service Very truly yours CERTIFIED MAIL RECEIPT (Dorcestic Mail Only;No Insurance Coverage Provict uT _n Cl Mar et R. onahan Ci Clerk IJT Postage $ M ea Certified Fee VlJ M Postmark Cc: o n Shaw, Cit Attorney Return Receipt Fee Hera Y Y M1 (Endorsement Required) OO Restricted Delivery Fee (Endorsement Required) Q O Total Postage&Fees $ ra Y,T1 Sent To -----------ti Street,A r No.; A or Po Bax Na. C2 cFi__.._. ............_..__... _._._._...............__.__._........... o ary,scare,ZlPa4 N i DRUG U/E a San Juan Capistrano: Preserving the Past to Enhance the Future • s _. RECAP: City of San Juan Capistrano September 2, 2003 — Regular Meeting Page: 2 Project Manager with Impact Sciences Inc; Richard Barretto, Traffic Engineer, and Ron Freeman, President of Suncal, Dolf Keller, 33441 Calle Miramar, requested project phasing plan and further traffic mitigation. Raul Miranda, 33751 Valle Road, concerned with density, and impacts related to traffic, noise and air pollution. Luis Rodriguez, 33512 Valle Road, concerned with relationship between designated open space and adjoining development. Requested involvement in development of project Covenants, Conditions and Restrictions. Parviz A. Azar, 33762 Valle Road, Concerned with access road to Vista Park and potential compromise of an easement. Sharon Cheever, 33512 Valle Road, concerned with project timing and secondary access to McCracken Hill neighborhood. Marilyn Man, 33362 Via de Agua, presented petition from Meredith Canyon residents, requested reduction in homes to 350 and extension of La Novia. Larry Gallery, 33912 Via de Agua, concerned with Parcels 9 and 10, stockpile of 80,000 cubic yards of soil and traffic impacts. Jeff Morgan, 33585 Via de Ague, concerned with increased traffic. Mark Nielsen, 31621 Via Quixote, concerned with project adding excess population, small lot sizes, density, addition of units from Lot 9. .L Richard Hill Adams, 33532 Forster Ranch Road, requested reduction p in number of units on northern lots, a 28-foot wide secondary road, \\vyJ road improvements, and completion of"A"street inn 18 months. tS Ginger Azar, 33762 Valle Road, regarding ownership of an access easement within the proposed development. b. Consideration of Proposed Water Facilities Agreement Between the City and SJD Partners (600.70): Council Member Bathgate recused herself \\\ On from this item and left the chamber. Water Facilities agreement between the City and SJD Partners, Ltd., approved with a revision toagreement page 2, Section L A. 1. d., revised to read, "The 16" water 2p main from the 760S Reservoir to the east end of Calle Del Gado. �"' Developer's share 32.7%.": Hart/Soto, 4-0 RECAP: City of San Juan Capistrano September 2, 2003 — Regular Meeting Page: 3 2. Consideration of Water Rate Increase Effective September 3, 2003 (1050.20): Resolution No. 03-09-02-03 adopted approving the water rate increase ✓cffective September 3, 2003 that increases all commodity rates and service harges by 5% and continues all other rate increases in future years as previously, and revised approved and outlined in Exhibit A of the Resolution: 4-1-0 (Noes: Swerdlin) 3. Consideration of Rezone (RZ) 03-02; a Request for Approval of Amendments to Comprehensive Development Plan 78-01, Ortega Planned Community Concerning Conditional Uses (St. Margaret's Episcopal School)(460.20): First /reading and introduction of an ordinance amending Comprehensive Development Plan 78-01, Ortega Planned Community by merging Planning Sectors D-1, D-2, and D-3 into Planning Sector D; and classifying "Educational uses, public or private, including elementary intermediate and high schools, child day care centers, preschools and nursery schools"as a conditional use in Planning Sector D: Hart(Swerdlin, 5-0 C. COUNCILMANIC ITEMS 1. Oral Reports a, Council Member Hart: None b, Council Member Bathgate: None C, Council Member Swerdlin: Vector of last month— Human Lice d. Mayor pro tem Soto: None e. Mayor Gelff: None 2. Council Comments: None D. ORAL COMMUNICATIONS Richard Hill Adams, 33532 Forster Ranch Road, representing C.A.R.E., requested that Council consider approving discharge of firearms, on September 22, 2003 to begin the C.A.R.E golf tournament event. 415`h vote to add item to agenda due to time constraints: Motion to add consideration of one round discharge of firearm on September 22, 2003 for the C.A.R.E golf tournament event, 11:00 a.m., at the San Juan Hills Golf Course: Hart/Bathgate, 5-0 9/2/2003 AGENDA ITEM 6 1 b TO: Honorable Mayor and City Council FROM: John R. Shaw, City Attorney SUBJECT: Consideration of Proposed Water Facilities Agreement/SunCal Properties (Pacifica San Juan Project) RECOMMENDATION: By motion, approve the proposed Water Facilities Agreement between City and SJD Partners. SITUATION: As a part of the Pacifica San Juan Project, the developer, SJD Partners (SJD), will be required to construct certain off-site and on-site water facilities required to service this project. An important component is a major four million gallon reservoir facility in the 760S zone to be constructed at an approximate cost of $5.5 million dollars. This reservoir facility will also have the capacity to service other city water needs unrelated to this Project. Accordingly, the attached agreement has been developed to provide for the timing of construction, financing, cost sharing, and intra-water agency requirements. Herein is a brief summary of the chief components of the proposed agreement providing for construction of the 760 reservoir facility. - Scope of Project Work. SJD will design and construct the 760S (4MG) Reservoir on City property and related water appurtenances. This work is specifically spelled out in Section I A. Estimated cost of the project is $5.5 million dollars. A map of the layout of the Project site is attached. - Timing. The project work is to be completed not later than 18 months from the date that City formally approves the design specifications for the project work. (Section I A 2 c.) FOR CITY COUNCIL AGENDA.. Agenda Item • • 9/2/03 Page 2 Surety Bond and Security. The security shall be a surety bond equal to 110% of the project costs from a quality grade surety company to be approved by this office. (Section I C.) In addition, approximately $1.5 million dollars of Community Facilities District (CFD) or "Mello- Roos" Bond funds shall be encumbered for the purpose of guaranteeing completion of the work. When the Reservoir is complete, the encumbered CFD bond funds then would be freed up to finance other public improvements as designated by the City Council. (Section II A 3.) - Cost Sharing. Percentage allocations to be paid for the reservoir are set forth in Sections 1 and III of the agreement. In addition, South Coast Water District (SCWD) desires to purchase a capacity right in the reservoir for the purpose of meeting its emergency and fire flow needs. Accordingly, the agreement anticipates that SCWD will purchase this capacity right at a cost of approximately 50% of the total cost of construction. The specific percentage allocation is set forth in Section II B 2. SCWD would make monthly progress payments to the Contractor as the work proceeds. Thus, the financing for the project will be conceptually as follows: SCWD will pay approximately 50% of the construction cost. SJD will front the remainder of the construction costs. When work is completed, a final accounting will be performed wherein SJD will be reimbursed by the City for the unpaid work, less SJD's pro-rata share obligation. A separate agreement between City and SCWD is being forwarded to SCWD which will provide for the above stated cost sharing relationship. Section II B 2 provides that an alternate financing solution will be developed between the parties should SCWD ultimately elect not to participate. - Land Banking. Section II A 4 plans for future reservoir site capacity by requiring that SJD sell to City a site for a future 250S zone reservoir. An appraisal methodology is described in this section. - Miscellaneous. Other boilerplate provisions dealing with successors in interest, assignments, liability, warranties, default, etc, are set forth in Sections IV, et seq. FINANCIAL CONSIDERATIONS: As noted above. Agenda Item 9/2/03 Page 3 RECOMMENDATION: By motion, approve the proposed Water Facilities Agreement between City and SJD Partners. Respectfully Submitted, �` •9 L " JqVn R. Shaw, ty Attorney Attachment: 1. Agreement and map exhibit RECORDED AT THE REQUEST OF AND RETURN TO: City of San Juan Capistrano City Clerk's Department 32400 Paseo Adelanto San Juan Capistrano, CA 92675 WATER FACILITIES AGREEMENT - SUNCAL PROPERTIES (Assessor's Parcel Numbers 675-081-10; 675-081-14 666-301-13; 675-361-01; 675-081-04; 675-361-08; 675-361-06; 675-361-09) THIS AGREEMENT is entered into this_day of , 2003 by and between the City of San Juan Capistrano, hereinafter referred to as "City," and SJD Partners, Ltd., herein referred to as "Developer." RECITALS: WHEREAS, Developer has previously entered into an agreement with the Capistrano Valley Water District (predecessor to the City) to construct and pay for certain Domestic and Non-Domestic water facilities for a project now referred to as the "Suncal Project", and WHEREAS, said agreement was entered into on November 3, 1992 for the purpose of defining Developers and Water District obligations; and, WHEREAS, Developer and City mutually agree that fundamental changes have occurred to the project layout and to the Water Master Plan thereby necessitating the development of a new master water facilities agreement, and; WHEREAS, City and Developer mutually desire to enter into this new agreement to provide means for allowing the construction of the water improvements as well as a mechanism for reimbursing and crediting the Developer for the costs incurred in constructing such improvements; and, NOW, THEREFORE, BE IT RESOLVED BETWEEN CITY AND DEVELOPER AS FOLLOWS: ATTACHMENT SECTION I. DEVELOPER OBLIGATIONS A. Domestic Water System Improvements and Financial Obligations. 1. Developer shall be responsible for designing and constructing the below stated water facilities improvements. Developer's financial obligation to construct these improvements shall be in accordance with the following percentage allocations: a. All Water Lines, Pressure Reducing Stations and appurtenances within the Project boundaries: Developer 100%. b. The installation of a pressure-reducing valve in the existing pressure reducing valve vault at 26901 Calle Esperanza: Developer 50%. c. The 16" water main from point of connection in Camino Capistrano, under 1-5, through a portion of the North R and D site, and connecting to the point of connection at the southerly edge of pavement on the cul-de-sac on Valle Road, including an interim connection to the existing 8" water main: Developer 8%. d. The 16"water main from the 760S Reservoir to the SC04 pipeline: Developers share shall be 32.7%. e. The 12" water main from point of connection at northerly terminus of Via La Mirada to the 16"water main at Calle Del Gado- Developer 89.2%; City 10.8%. f. A 12" line from Via De Agua to Avenida Calita, running westerly on Avenida Calita, connecting to the existing line at Via La Mirada to Avenida Calita, then continuing westerly on Avenida Calita to the PSJD development,then continuing unbroken through the project to Via California and running southerly on Via California to the intersection of Via California to Camino Las Ramblas, then running easterly on Camino Las Ramblas to its final point of connection at the intersection of Camino Las Ramblas and Avenida Pescador- Developer 100%. The 12" line as described shall be completed prior to the issuance of building permits for residential structures 29 through 170. g. Change the proposed 414 HGL pressure zone (McCracken Hill) to a 460 HGL pressure zone, with 12" water mains connecting to both the north end, and to the southeast end of the zone (two 12" water mains): Developer 100%. 2 2. Developer shall design, construct and pay for the following domestic water facilities in accordance with the following: a. A 760S Reservoir (4MG) project which is to include a feeder pipeline, access road, drainage facilities, electric service, and additional graded pad for a future 4 mg reservoir; the design work shall include a final soils report to site the reservoir structure. Developer shall comply with all applicable City design and permit standards and requirements. b. Modifications to the existing Zone 2 Pump Stations to pump water to the 760S Reservoir. c. Timing of 760S Reservoir Construction. (i) Following completion of environmental certification for the Project and the obtaining of any applicable environmental permits from other regulatory agencies, City shall provide notice to Developer to proceed with Project design work. Upon receiving formal notice from City, Developer shall complete the design work for the project within six(6) months from date of notice from City. Following City's approval of the Project design plans, Developer shall then start and complete Project construction within 18 months thereafter; (ii) Developer may commence and complete construction of up to 170 residential units (subject to the limitations of the City's land use code and other provisions of this agreement) prior to completion of the Reservoir for beneficial use by City. 3. Developer shall secure City's written approval of the design and layout of the water facilities described in this agreement prior to initiating any bid process for the improvements as follows: a. At each stage of the design work, the consulting engineer preparing the plans and specifications shall coordinate and review with City's Engineer critical concepts and design work product. City's representative must approve each stage of the design work as it proceeds. b. Developer's engineer shall submit a scope of tasks and schedule by not later than thirty (30) days from date of execution of the agreement in order to insure that the coordination required under this subpart is satisfactorily accomplished. c. Developer agrees and understands that District reserves the right to make final determinations as to the ultimate design and materials to be used. d. The parties agree that the plans and specifications for the work described in section 1 of this agreement shall be incorporated herein by reference upon City's final approval of said plans and specifications. 3 B. Non-Domestic Water Facilities. Developer shall construct and be 100% financially responsible for the following facilities within its project boundaries: 1. All Non Domestic Water Lines, Pressure Reducing Stations, Reduced Pressure Principal Assembly to temporarily provide domestic water to the non-domestic system, and all appurtenances within the Project boundary. 2. The design work must be approved by City in accordance with the City's review and approval process. 3. Developer shall pay its Non-Domestic Water Facility fee obligation in accordance with the applicable water fee schedule. C. Surety Requirements/Bid Process. 1. Developer shall provide a surety bond to guarantee Developer's obligations to construct the 760S Reservoir under the terms of this Agreement. The bond amount shall be 110% of the cost of Project construction. The performance bond shall be in a form acceptable to the City Attorney. The bond shall be posted with the City at the time of that a contractor's bid has been submitted and approved by the Developer and the City. The bond shall satisfy a A.M. Best's Guide Rating VII, or better. 2. Developer shall satisfy minimum bid procedures and contractual requirements (including but not limited to insurances and indemnification) acceptable to the City. The parties shall enter into a memorandum of understanding setting forth the basic requirements relating to these issues prior to the Developer's hiring of a contractor. D. Dedication of Easements. Developer shall provide all necessary easements within its property boundaries to be dedicated to the City at no cost. All easements shall be dedicated on the tract map or by separate instrument in accordance with City requirements. 4 SECTION Il. CITY OBLIGATIONS A. Domestic Water System. City shall design and construct and be 100% financially responsible for the following facilities: 1. The SC-4 Terminal pipeline to serve the 760S Reservoir and 760S Zone. 2. The 250S Zone Reservoir and all-appurtenant facilities to serve the reservoir. 3. Perform or otherwise be financially responsible for all applicable environmental work for the 760S Reservoir, including obtaining other governmental agency permits should there be any. City and Developer shall mutually cooperate to administratively determine which of the environmental mitigation measures are best carried out by Developer's contractor. 4. Developer agrees to sell to the City up to two residential lots, and any additional area as may be required in the open space area (Lot M) adjoining the cul de sac on M Street as shown on the proposed tentative map 15069, to accommodate the construction of a 250S Zone Reservoir. In establishing the value of the land, City shall retain an appraiser of its choice to conduct an appraisal. If Developer does not accept the value as established by the City's appraiser, Developer and City mutually select a second appraiser. If neither party agrees with the second appraisal, City will exercise its power of eminent domain to acquire the subject parcels. The appraisal criteria shall be based upon the value of the two finished lots. If additional area is needed from the open space lot M, Developer agrees to convey the additional land area in Lot M to City free of charge. City and Developer are presently studying the amount of additional land area in Lot M needed, if any, to accommodate this future Reservoir. When a final determination is made as to the amount of additional land needed over and above the above described two lots, Developer agrees to convey said land, and any other ancillary easements required to service the reservoir facility, to City forthwith. 5. City to provide and install pressure-regulating devices to existing homes in the existing 414 zone, where required, prior to its conversion to the 460 zone. 6. City shall reimburse Developer for the remainder of costs of design and construction less SCWD's share contribution and Developer's pro-rata fee obligations by not later than June 1, 2005. 5 B. Reimbursement Obliqation/South Coast Water District. The parties agree that it is intended that Developer be reimbursed for a portion of costs of the Reservoir and related improvements construction as follows: 1. City and South Coast Water District ("SCWD") shall enter into an agreement wherein SCWD shall agree to purchase a 1/2 capacity right in this improvement. 2. The agreement shall provide that SCWD shall make monthly progress payments directly to Developer as construction proceeds in the amount of: 50% of the cost of the reservoir facility design and construction; 25% of the total site grading; 25% of the total site buttressing; 25% of the slope finish, sub drains, and surface drains; 25% of the access road to the site; 50% of the valving and pipelines to connect the 4MG Reservoir to the existing SCO4 line; 25% of the Coastal Sage and other required environmental mitigation. In the event that SCWD fails to enter into this purchase of capacity agreement,then Parties shall either terminate or amend this agreement so as to reach a mutually acceptable alternate method of constructing alternate water facilities to meet the water facilities needs of the City. C. Reservoir Alternative. In the event that the Engineer's estimate, or the contractor's final bid, for the 760S Reservoir exceeds the $5.5 million estimated cost of construction by more than 15%, then the City reserves the right to cancel the 760S project. In such event, City and Developer will develop mutually agreeable alternative improvement changes to the water facility system which adequately addresses the City's and the Developer's water facilities needs. SECTION III. Developer Fee Requirements. A. 760S (4MG) Reservoir and Appurtenances. 1. In consideration of Developer's obligation to design and construct the above described improvements, Developer shall not be required to post up front those water facilities fees (i.e., the "Capital Improvement Charges" and "Storage Charges" as identified in the City's Water Development Charges Schedule) which would otherwise required to be paid with respect to these facilities and s improvements. Instead, Developer shall advance the costs of design and constructing the subject facilities and improvements and shall be reimbursed as provided for in this agreement, less Developer's pro-rata fee obligations as established by the City's water fee requirements. 2. City shall also pay to Developer the amount of $150,000 within the timeframe stated in subpart(5)above as compensation for expenses Developer has incurred for design work performed on reservoir design and siting issues. 3. City and Developer have previously formed a community facilities district("CFD")to authorize Mello Roos financing pursuant to the Mello Roos Community Facilities Act (Government Code sections 53311 et seq.) for certain designated public improvements. In addition to the security provided to guarantee construction as set forth in section I(C), City and Developer agree that a portion of CFD bond funds raised from the CFD shall be earmarked and encumbered in amount equal to the water facility fees which need not be posted up front by Developer pursuant to Section A(1) above. The amount of these deferred water facility fees are approximately $1,563,000. City and Developer shall cooperate to insure that the CFD agreement is amended to reflect the above stated encumbrance commitment of CFD funds. B. Modifications to the Zone 2 Pump Stations. Any additional design and construction costs incurred by Developer in making Zone 2 Pump Station modifications necessitated by the construction of the Project shall be reimbursed by City to Developer at the time of the final accounting of pro-rata cost sharing for the Project as outlined in Section III A. SECTION IV. CONSTRUCTIONIWARRANTY A. Developer shall construct said water facilities in accordance with the approved plans, City's standard plans and specifications, and under City's inspection, and shall indemnify and hold harmless all officers, employees and agents of the City 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 caused in part by a party indemnified hereunder. B. Developer and/or its contractor shall provide a one year warranty on the Reservoir work as further described in Section VI of this Agreement. SECTION V. USE OF WATER A. 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 City. Developer acknowledges that Section 499 of the California Penal Code provides that unauthorized use of water is a misdemeanor, and City hereby states its intent to strictly enforce said Penal Code Section. B. In addition to any criminal penalties, and not as a substitute therefore, City will charge Developer, and Developer agrees to promptly pay City, $2,000.00 per day for un- metered use of City'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. C. Temporary construction meters shall be provided to Developer by City at the rental rate existing at the time such meters are provided. The use of °jumpers" is expressly prohibited. Water flow into the Project shall be limited to 600 gallons per minute (GPM) during construction, which shall be the total flow restriction for the sum of the flows through all temporary construction meters. In the event that Developer requires additional water flow during construction, flows above 600 GPM may occur between 10:00 p.m. and 6:00 a.m. The 600 GPM restriction, as stated herein, shall not be applicable within any portion of the permanent water systems within the Project that have been completed and released for use by the City. D. Developer shall notify City as soon as it is reasonably practical to install any permanent meter, and City shall provide and install same as soon as thereafter as reasonably possible. The foregoing notwithstanding, the City may install any meter when City determines it is desirable to do so. SECTION VI. GUARANTEENVARRANTY 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 City, and hereby agrees to reimburse City for all costs associated with the accomplishment of necessary repairs, not to include normal preventative maintenance, to said waterfacilities which may have been made by City within the aforesaid guarantee period. City agrees in concept to accept a warranty, meeting these requirements from Developer's contractor providing the Warranty form is approved by the Office of the City Attorney. This warranty obligation shall be accompanied by a surety bond from Developer or its Contractor. The amount of the bond shall be equal to 100% of the total cost of the Reservoir improvements. 8 SECTION VII. GENERAL A. Developer hereby offers to dedicate to City the water facilities together with necessary easements. B. Upon completion of the construction in accordance with the improvement plans and specifications and the dedication of the necessary easements, City agrees to accept the water facilities, whereupon said water facilities shall become property of City with obligation to repair and maintain same. C. The terms of this Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. D. 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 attorneys fees. SECTION VIII. INSURANCE AND INDEMNIFICATION A. During the construction period and for the purpose of construction Developer and/or Contractor shall maintain in full force and effect the following insurance: 1. Comprehensive General Liability Comprehensive general liability coverage, including premises operations, products/completed operations, broad form property damage and blanket contractual liability in the following minimum amounts: $1,000,000 property damage; $1,000,000 injury to one person/any occurrence/not limited to contractual period; $2,000,000 injury to more than one person/any one occurrence/not limited to contractual period. 2. Comprehensive Automobile Liability Comprehensive automobile liability coverage, including owned, hired and non- owned vehicles in the following minimum amounts: $1,000,000 property damage; $1,000,000 injury to one person/any occurrence/not limited to contractual period; $2,000,000 injury to more than one person/any one occurrence/not limited to contractual period. 9 3. Worker's Compensation During the construction period, if Developer or Contractor employs employees to perform services under this Agreement, Developer or Contractor shall obtain and maintain, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. B. 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. Developer shall provide an endorsement to City establishing that City has been legally added as an additional insured to the insurance policies required under this Agreement. C. Developer shall indemnify and hold City harmless from any and all claims, demands, actions, attorneys fees, costs, and expenses based upon or 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 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 addition to any other relief and recovery awarded by the court, shall be entitled to recover all statutory costs plus reasonable attorneys fees. SECTION IX. NOTICES All notices, requests, demands, consents and other communications under this Agreement shall be in writing, including telex and facsimile transmission and shall be deemed to have been duly given on the date of service if served personally by telex or facsimile transmission or 48 hours after mailing if mailed by first class mail, registered, or certified, postage prepaid, return receipt requested, and properly addressed as follows: TO: CITY OF SAN JUAN CAPISTRANO Attention: City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 TO: Bruce Elieff SJD Partners 5109 E. La Palma, Suite D Anaheim, CA 92807 10 SECTION X. AGREEMENT RUNS WITH THE LAND This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective representatives, assigns and successors in interest. SECTION X1. ASSIGNMENTS. This Agreement may not be assigned to any third party by the Developer without written consent given by the City Council of the City. SECTIONAL ENTIRE AGREEMENT This Agreement contains the entire agreement between the parties hereto and supersedes any prior or concurrent written or oral agreement between said parties concerning the subject matter contained herein. There are no representations, agreements, arrangements or undertakings, oral or written, between or among the parties hereto relating to the subject matter contained in this Agreement which have not been fully expressed herein. SECTION XIII. INDEPENDENT AGENT At all times during the term of this Agreement, Developer shall be an independent agent and shall not be an employee of the City. City shall have the right to control Engineer only insofar as the results of Developer's services rendered pursuant to the Agreement; however, City shall not have the right to control the means by which Developer accomplishes services rendered pursuant to this Agreement. SECTION XIV. INDEMNITY Developer shall be responsible for all injuries to persons and for damages to real or personal property of the City, 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 from all costs and claims for damages to real or personal property or personal injury to any third party resulting from the activity of itself, employees or its agents. SECTION XV. DEVELOPER NOT AN AGENT Except as City may specify in writing, Developer shall have no authority,express or implied,to act on behalf of the City in any capacity as an agent. Developer shall have no authority, express or implied, pursuant to this Agreement, to bind City to any obligation. SECTION XVI. ATTORNEYS 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 attorneys fees and costs from the other party. SECTION XVII. QEFAULT AND DISPUTE RESOLUTION Default. Failure or delay by either party to perform any term or provision of this Agreement constitutes a default under this Agreement. The party who so fails or delays must immediately commence to cure, correct or remedy such failure or delay, and shall complete such cure, correction or remedy with reasonable diligence and during any period of curing shall not be in default. The injured party shall give written notice of default to the party in default, specifying the default complained of by the injured party. If the cure of default is not commenced within fifteen (15) days after service of such notice of default, and is not cured promptly in a continuous and diligent manner within a reasonable period of time after commencement,the defaulting party shall be liable for any damages caused by such default, and the non-defaulting party may thereafter commence the dispute resolution provisions of this Agreement. Dispute Resolution. Prior to commencing a legal action to enforce the terms of this Agreement, the parties shall first employ a non-binding form of mediation through a mediation service mutually agreeable to both parties to resolve the subject dispute. SECTION XVIII. FORCE MAJEURE In the event the performance by either party of any of its obligations hereunder is delayed by reason of the act or neglect of the other party, act of God, stormy or inclement weather, strike, labor dispute, boycott, lockout or other like defensive action by such party, inability to obtain labor or materials, governmental restrictions, riot, insurrection, war, catastrophe, casualty, act of the public enemy, or any other cause,whether similar or dissimilar, beyond the reasonable control of the party from whom such performance is due, the period for the commencement or completion thereof shall be extended for a period equal to the period during which performance is so delayed. 12 SECTION XIX. REPEAL OF PREVIOUS AGREEMENT City and Developer agree that the previous agreement dated November 3, 1992 between the parties concerning water facilities improvements is hereby repealed in its entirety. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date above written. SJD Partners, Ltd. By: Bruce Elieff City of San Juan Capistrano By: Approved as to Form: John Gelff, Mayor By: Joh . Shaw, City Attorney 13 12, ff ,ice/ wkkqlW- ,,- �� � �rrr� Ii I•N��j1• ��►� 32400 PASEO ADELANTO v MEMBERS OF THE CIT{COUNCIL SAN JUAN CAPISTRANO,CA 92675 Li VATO (949)493-1171 �,j. �L SIANEI.AM ATH (949)493-1053 FAX }.9` inmaveaar[o DIANE L.BATHOATE fslaeusam 1961 WVATT HART www.sanjuancapistrano.org 1776 JOE SOTO �� • DAVID M.SWERDLIN March 26, 2004 Mr. Ron Freeman SJD Partners, Ltd 2392 Morse Ave Irvine, CA 92614 Dear Mr. Freeman: On March 16, 2004 the City Council approved an amendatory agreement concerning the water facilities agreement— Suncal Properties. An original, executed agreement is enclosed for your records. If you have any questions concerning the agreement, please contact John Shaw, City Attorney, at (949) 443-6312. Yours truly, g Mona n, CMC City Clerk e losed- greement cc: John Shaw, City Attorney San Juan Capistrano: Preserving the Past to Enhance the Future AL MEMBERS OF THE CITY COUNCIL DIANE TE ) }� JOHN S..GELFF GELFF MATT HART q JOESOTO 32400 PASEO ADELANTO // INUR1011100 DAVID M.SWERDLIN SAN JUAN CAPISTRANO, CA 92675 l IOfX10 I 1961 (949) 493-1171 1776 (949) 493-1053 (FAX) INTERIM CITY MANAGER iviv .Iv sanj uancapistrano.org PAMELA GIBSON November 6, 2003 Clerk-Recorder's Office County of Orange P.O. Box 238 Santa Ana, California 92701 Re: Water Facilities Agreement— Suncal Properties SENT VIA CERTIFIED MAIL The noted document is enclosed for recording: When placed of record, please return the recorded document to this office. A duplicate copy of this letter is enclosed. Please stamp Document Number and date of recording on the duplicate letter and return it to this office in the enclosed, stamped, self-addressed envelope at your earliest convenience. Thank you for your assistance. Very truly your Postal CESIFIED MAIL RECEIPT J .1 Only; Coverage la Ma garet R. Monahan C' Clerk / 7Po�ae&F�s ostage V Cc: John Shaw, Ci Attorney R, j City Y ditied Fee Park ceipt Fee `1 ere O Required) \ Olivery Fee O Required) Oge&Fees $ a N Url Sent To _ ._ . _ . r9 Apt No.; O or ar POPO Box No. O City,Sfate.ZIP+d - -- f� San Juan Capistrano: Preserving the Past to Enhance the Future IVB MEMBERS OF THE CITY COUNCIL • ' :� r DIANE BATH TE - y JOHN S..GELFFELFF WYATT HART i� JOESOTO 32400 PASEO ADELANTO IAIIA14AI11A DAVID M.SWERDLIN SAN JUAN CAPISTRANO, CA 92675 1{IA1011(p 1961 (949) 493-1 17 1 1776 (949) 493-1053 (FAX) INTERIM CITY MANAGER iv ivi v.sanjuancapistrano.org PAMELA GIBSON October 9, 2003 Clerk-Recorder's Office County of Orange P.O. Box 238 Santa Ana, California 92701 Re: Water Facilities Agreement— Suncal Properties SENT VIA CERTIFIED MAIL The noted document is enclosed for recording: When placed of record, please return the recorded document to this office. A copy of this letter is enclosed. Please stamp Document Number and date of recording on the duplicate letter and return it to this office in the enclosed, stamped, self-addressed envelope at your earliest convenience. Thank you for your assistance. Very truly yours Mar et R. onahan Cit Clerk c: phn Shaw, City Attorney DRUG USE is San Juan Capistrano: Preserving the Past to Enhance the Future AS DEXTER WILSON ENGINEERING, INC. Rhutivtu DEXTER S. WILSON, P.E. ANDREW M. OVEN, P.E. 1003 NOV -4 P I* 04 STEPHEN M. NIELSEN, P.E. MICHAELJ. FILECCIA, P.E. November 3, 2003 C41 679-005 Y G_.:i�;h S0 JUAtd G1,.PI5TP,",f:0 City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attention: Amy Amirani, Director of Public Works, Lands Subject: Water Improvements Schedule, Suncal Project In accordance with the Water Facilities Agreement between the City of San Juan Capistrano and SJD Partners, attached is the anticipated schedule for the water improvements. This schedule is submitted in satisfaction of Section 1.A.3.b of the Water Facilities Agreement. If you have any questions please let me know. Dexte Wilson Engineering, Inc. n Diane H. Shauehnessy cc: Meg Monahan- Deputy City Clerk, City of San Juan Capistrano Ron Freeman, SJD Partners 703 PALOMAR AIRPORT ROAD, SUITE 300 • CARLSBAD,CA 92009 • (760)438-4422 • FAX(760)4380173 679-005 11/3/03 ANTICIPATED SCHEDULE FOR THE WATER IMPROVEMENTS FOR PACIFICA SAN JUAN PROJECT ON-SITE WATER IMPROVEMENTS 1. Waterlines, Pressure Reducing Stations and Appurtenances within the Project (H&A) A. Grading complete by December 2004 B. Waterlines design March 2004-September 2004 (including PRS and Appurtenances) C. Construction December 2004-September 2005 OFF-SITE WATER IMPROVEMENTS 1. Add a Pressure Reducing Valve at the Existing Pressure Reducing Station at 26901 Calle Esperanza(DWEI) A. Design complete 10/04 B. Construction complete 6/05 2. 16-inch Waterline under I-5 and through a portion of the R &D site (H &A) A. Design approved B. Construction complete 3/05 3. 16-inch Waterline from the east end of Calle Del Gado to Reservoir Site (DWEI) A. No design work to begin until the environmental documents are approved, Mitigated Negative Declaration estimated to be approved by 2/04. B. Topographic survey and Research complete by 12/03. C. Design complete 9/04 D. Construction complete 2/06 4. 12-inch waterline from the northerly terminus of Via La Mirada to the 16-inch main at Calle Del Gado. (DWEI) A. Topographic survey and Research complete by 12/1/03. B. Design complete 10/04 (This time line does not include Environmental review, Environmental Documents to be performed by the City) C. Construction complete 10105 0 0 5. 12-inch waterline in Camino Las Ramblas from Via California to Avenida Pescador and a 12-inch waterline in Avenida Calita from Via De Agua to the project boundary. (DWEI) A. Topographic survey and Research complete by 12/1/03. B. Design complete 5/04 C. Construction complete 6/05 6. Change 414 HGL pressure zone (McKracken Hill) to a 460 HGL pressure zone, with 12-inch mains connecting both the north and southeast end of the zone. (H &A) A. Design complete 9/04 B. Construction complete 9/05 RESERVOIR IMPROVEMENTS 1. 760 Zone Reservoir- 4 Million Gallon (DWEI) A. No design work to begin until the environmental documents are approved, Mitigated Negative Declaration estimated to be approved by 2/04. B. Topographic survey complete by 12/03. C. Design complete six months after environmental documents approved, estimate 8/04 D. Construction estimated eighteen months from approved plans, estimate 2/06. 2. Modifications to the Zone 2 Pump Station (DWEI) A. Design complete 8/04 B. Construction complete 2/06 This schedule is submitted in satisfaction of Section 1.A.3.b of the Water Facilities Agreement. (H &A) - Hunsaker &Associates (DWEI) - Dexter Wilson Engineering, Inc. 0 MEMORANDUM February 22, 2005 TO: Meg JRe Ci Cie FROM: Petenior Civil Engineer SUBJECT: 760 S Performance Bond Attached is the Performance Bond submitted by SunCal for the construction of the welded steel tank for the subject project. The submittal is in fulfillment of Section 1.C.1 of their Water Facilities Agreement with the City of San Juan Capistrano, dated September 2, 2003. The Bond has been issued for an amount equal to 110% of the construction cost of the tank. Please note that a separate bond shall be issued for the construction of the feeder pipeline, storm drain, access road and other site improvements. Attached are three originals of the Performance Bond along with a copy of the Water Facilities Agreement between SunCal and the City of San Juan Capistrano. If you have any questions, please do not hesitate to contact me at extension 6366.