Loading...
1999-0504_SJD PARTNERS, LTD._Agr for ModificationsAGREEMENT FOR MODIFICATIONS TO WATER FACILITIES TO SERVE TRACT 14196 THIS AGREEMENT, dated this 4th day of May, 1999, by and between SJD Partners, Ltd., hereinafter called "Developer," and Capistrano Valley Water District, hereinafter called "District." WITNESSETH: WHEREAS, Developer is the successor to Pacific Point Partners, L.P. for the development of Tract 14196 (Pacific Point) within the District, in the City of San Juan Capistrano; and WHEREAS, Developer requests the approval to make modifications to certain existing water facilities; and WHEREAS, Developer has prepared and submitted to District a set of improvement plans for said water facilities, and WHEREAS, District desires to insure that said water facilities are installed in accordance with District's standards and specifications, and WHEREAS, the existing 160,600 gallon reservoir, located in the McCracken Hill area, has been identified as being located within an area which is experiencing potential geological failures and must be removed from the District's water system in order to complete the requirements as recommended in geotechnical report, and WHEREAS, alternate water facilities must be provided in order to compensate for the removal of reservoir; and WHEREAS, the proposed alternate water facilities modifications are over and beyond the scope of work specified in the original Pacific Point "Water Facilities Construction And Service Agreement", dated November 3, 1992; and WHEREAS, Developer proposes to construct interim water facilities which will serve as the initial alternative water facilities required to compensate for the McCracken Hill reservoir; and WHEREAS, Developer proposes to construct a temporary pressure reducing station adjusted to provide adequate water pressure to the 397 HGL pressure zone; and Agreement for Modifications to Water Facilities to Serve Tract 14196 May 4, 1999 WHEREAS, Developer proposes to provide the interim pipelines and pressure reducing station until the permanent replacement facilities are constructed; and WHEREAS, Developer proposes to make modifications to the existing McCracken Hill booster station which would accommodate a need for a secondary source if the interim pipeline should become nonfunctional; and WHEREAS, Developer proposes to construct an 8 -inch water line in Valle Road in order to complete the water system affected by the removal of the McCracken Hill reservoir; and WHEREAS, Developer will pay the cost of the design and construction of the interim water facilities and the removal of the reservoir as described in this agreement. NOW, THEREFORE, in consideration of the foregoing recitations and the promises hereinafter set forth, it is thereby agreed by and between Developer and District that: L CONSTRUCTION AND COMPLETION Developer shall, at its sole cost and expense, construct and install within 550 consecutive calendar days of execution of this Agreement, all water facilities shown on the improvement plans entitled 'PACIFIC POINT WATER FACILITIES INTERIM PIPELINE — McCRACKEN HILL AVEINDA CALITA TO FORSTER RANCH ROAD" as approved by the District Engineer and the City Engineer of the City of San Juan Capistrano and on file with said City and by reference made a part of this Agreement as though fully set forth herein. 2. Developer shall be responsible for the design and construction of the modifications to the McCracken Hill water system. 3. District agrees to accept the 8 -inch waterline replacement when completed to District's satisfaction by Developer, in accordance with the plans and District standards. The District shall make the determination as to conformity with the plans and specifications. District agrees not to unreasonably withhold its approval as to such conformity. Developer agrees to assume full responsibility for certifying or obtaining certification of the Agreement for Modifications to Water Facilities to Serve Tract 14196 May 4, 1999 compaction of backfill within the pipe trench. 4. Developer shall provide 24 -how maintenance and repair service for the interim pipeline at his sole expense. 5. The existing District reservoir and pipelines to be replaced shall remain fully operational until interim facilities are acceptable to District's satisfaction. 6. Construction access shall not be allowed to enter via the Valle Road main entrance to the McCracken Hill area. In order to gain access to the McCracken Hill area all construction traffic must use a temporary construction road from the Pacific Point (SJD Partners) property to McCracken hill area. 7. Upon acceptance of permanent facilities as agreed upon in the original agreement dated November 3, 1992, Developer shall remove interim pipeline at their sole expense. 8. District shall have the right to terminate this Agreement upon breach by Developer, subject to the provisions of this section. If at the request or direction of a party other than the District, including Developer, the replacement and modifications are not accomplished or completed or interim facilities are not kept in an acceptable state of repair, Developer shall remain obligated for the actual costs incurred by District for the items set forth above to the date of termination. 9. This Agreement shall be binding and inure to the benefit of the successors and assigns of Developer and District. 10. In the event of any declaratory or other legal or equitable action instituted between Developer and District in connection with this Agreement, the prevailing party shall be entitled to recover from the losing parry all of its costs and expenses, including court costs and reasonable attorneys' fees. 11. Developer shall construct said water facilities in accordance with the approved plans, District's standard specifications and under District's inspection 3 P:\ENG\DVLP\1RCT14196UNTRMWTR.DOC 0 0 Agreement for Modifications to Water Facilities to Serve Tract 14196 May 4, 1999 12. If Developer has not completed the work within 550 consecutive calendar days of execution of this Agreement, District has the right to call the security for faithful performance and complete the work Any work performed after said 550 consecutive calendar days, whether by Developer, District, or others, shall be in accordance with Districts standard specifications in effect as of the time the work is performed 13. The security shall remain in effect for a minimum of 365 consecutive calendar days after all the permanent water facilities have been completed and accepted by District, and shall continue in effect until exonerated in writing by District. Upon acceptance of the permanent water facilities as operational, with the exception of adjustments to appurtenances associated with final paving, the surety amount may be reduced to 25 percent of the original amount. It shall be incumbent upon Developer to renew the security prior to its expiration H. USE OF WATER Developer hereby expressly agrees that Contractor or any Subcontractor, for construction purposes except shall use by Developer or no water through a meter provided by District. Developer acknowledges that Section 499 of the California Penal Code provides that unauthorized use of water is a misdemeanor, and District hereby states its intent to strictly enforce said Penal Code Section. 2. In addition to arty criminal penalties, and not as a substitute therefore, District will charge Developer, and Developer agrees to promptly pay District, $500.00 per day for unmetered use of Districts 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. Temporary construction meters shall be provided to Developer by District at the rental rate existing at the time that such meters are provided Accounts for the use of jumpers during the construction of the individual residential units are to be established with the District. 4 P:IENGIDVLP\TRCT14196\KnW%IR.DOC • 0 Agreement for Modifications to Water Facilities to Serve Tract 14196 May 4, 1999 4. Developer shall notify District as soon as it is reasonably practical to install any permanent meter, and District shall provide and install same as soon thereafter as reasonably possible. The foregoing notwithstanding, the District may install any meter when District determines it is desirable to do so. The District will not grant approval for a certificate of occupancy until the permanent meter is installed III. FEES AND CHARGES 1. Developer shall pay District the following sums prior to District signing improvement plans for development: (a) $14,495 for the costs of Distriefs plan review, inspection of construction and the control thereof, and for the testing of materials, which sum is based upon the estimated construction cost of $223,000. 2. When meters in addition to those described in Section 1(b) are required, Capital Improvement Charges, Water Storage Charges, Water Capacity Charges and Meter Fees for the additional development shall be paid prior to additional service being provided IV. GUARANTEE 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 permanent water facilities by District. If repairs are necessary, District shall notify Developer and if Developer declines or is unable to perform when required by District, Developer hereby agrees to reimburse District for all costs associated with the accomplishment of necessary repairs to said water facilities which may have been made by District within the aforesaid guarantee period 5 P.\ENG\DVLP\TRCT14196\IIJ1RMW ,DGC Agreement for Modifications to Water Facilities to Serve Tract 14196 May 4, 1999 V. GENERAL LNI 1. Developer hereby offers to dedicate to District the water facilities together with necessary easements. 2. Upon completion of the construction in accordance with the improvement plans and specifications and the dedication of the necessary easements, District agrees to accept the water facilities, whereupon said water facilities shall become property of District. 3. The terms of this Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. 4. Should either party be required to enforce any of the terns of this Agreement, it is agreed that the prevailing party shall be entitled to costs and reasonable attorneys' fees. Developer shall post faithful performance, labor and materials bonds each equal to 110% of the cost of the work. The bonds shall be provided on bond forms approved by the Office of the City Attorney. VII. COMPLIANCE WITH PUBLIC CONTRACTS LAW The District is a public agency in the State of California and is subject to the provisions of law relating to public contracts. It is agreed that all provisions of law applicable to public contracts are a part of this contract to the same extent as though set forth herein and will be complied by Contractor. 6 P:\ENG\DVLP\TRCT14196VNTRMWIRDOC 0 Agreement for Modifications to Water Facilities to Serve Tract 14196 May 4, 1999 VIII. INSURANCE AND INDEMNIFICATION Comprehensive General Liabilitv Developer shall maintain in full force and effect comprehensive general liability coverage, including premises operations, products/completed operations, broad form property damage and blanket contractual liability in the following minimum amounts: • $500,000 property damage • $500,000 injury to one person/any occurrence/not limited to contractual period • $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. 2. Comprehensive Automobile Liabilitv Developer shall maintain in full force and effect comprehensive automobile liability coverage, including owned, hired and non -owned vehicles in the following minimum amounts: • $500,000 propetty damage; • $500,000 injury to one person/any occurrence/not limited to contractual period • $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. 3. Worker's Compensation If Developer employs employees to perform services under this Agreement, Developer shall obtain and maintain, during the life of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. These policies shall not terminate, nor shall they be canceled nor the coverage reduced until after 30 days written notice is given to the District Developer shall provide an endorsement to District establishing that District has PAENCADV LPNTRCT I4196\MTRMWIRDOC Agreement for Modifications to Water Facilities to Serve Tract 14196 May 4, 1999 been legally added as an additional insured to the insurance policies required under this Agreement. Developer shall indemnify and hold District harmless from any and all claims, demands, actions, attorney's 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, in additional to any other relief and recovery awarded by the court, shall be entitled to recover all statutory costs plus reasonable attorney's fees. IX. CITY BUSINESS LICENSE Developer will maintain a license to do business in the City of San Juan Capistrano. X. INDEPENDENT AGBNT At all times during the term of this Agreement, Developer shall be an independent agent and shall not be an employee of the District. District shall have the right to control Engineer only insofar as the results of Developer's services rendered pursuant to the Agreement; however, District shall not have the right to control the means by which Developer accomplishes services rendered pursuant to this Agreement. XI. INDEMNITY Developer shall be responsible for all injuries to persons and for damages to real or personal property of the District, caused by or resulting from any activity or operation of Developer, its employees or its agents during the progress of or connected with the rendition of services hereunder. Developer shall defend and hold harmless and indemnify District and all 8 P:\ENG\DVIR\TRM4196U94TRMWIRDOC Agreement for Modifications to Water Facilities to Serve Tract 14196 May 4, 1999 officers and employees of the District 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. XII. DEVELOPER NOT AN AGENT Except as District may specify in writing, Developer shall have no authority, express or implied, to act on behalf of the District in any capacity as an agent. Developer shall have no authority, express or implied, pursuant to this Agreement, to bind District to any obligation. P:\ENG\DVL.P\TRCT14196\DTrRMWM.DOC Agreement for Modifications to Water Facilities to Serve Tract 14196 May 4, 1999 WINTESS WHEREOF, the parties hereto have executes( this Agreement the day and year above written. ) "DISTRICT" CAPISTR?MO LtY WATER DISTRICT By: L !% /^�✓ Gil, 'Jones "Chairman of the Board of Directors 0 ovirtIM1,411--oto "OWNER" ATTEST: SID PARTNERS, LTD., a California limited partnership By: SID Development Corporation a California corporation's By: Its: (Notary: Attach CA All -Purpose Acknowledgement) APPROVED AS TO FORM: District Cou sel Date 5109 East La Palma Suite "D" Anaheim, CA 92807 (714) 693-6720 (714)693-6730 Fax 10 P:\ENG\DVLP\TRCT14196\INTRMWTR.DOC CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of 0 ro.,ne_ On q—Z:i�— Cate personally appeared MRJR. III MELNIKOFF ComrnISSIon S 1213002 Nofay RAAC - California Orange County r0A,VCorrMEVkftMCrja 2D03 Place Notary Seal Above personally known to me story eaidence to be the erso s6 whose nam )Cur/ subscribed to the within instrument and acknowledged to me atGDt;r6 l 6y executed Saaac(iqA, same in is �thV uthorize and that by hi lq�' eir(s)'on the instrument th r o q�or the entity upon behalf of which the pf acted, executed the instrument. IMP', Vic NO V49 nF 91 OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Title or Type of Document: _ 1f] Document Date: -' 4 — 9 / Number of Pages: /y Signer(s) Other Than Named Above: Iy A- Capacity(ies) G+atm y Signer /1 Signer's Name: ✓u.1 Ue ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guard r Conservat 'on '�'t77�L`�% �Other7l 1 Signer Is Representing: T D PGU / L� _ /T�✓ L T� 9 1997 National Notary Association • 9350 De Soto Ave., PO. Box 2402 • Chatsworth, CA 91313-2402 Prod, No 5907 Reorder. Call Toll -Free 1-800-876-6827 WATER FACILITIES CONSTRUCTION AND SERVICE AGREEMENT THIS WATER FACILITIES CONSTRUCTION AND SERVICE AGREEMENT ("Agreement") between CAPISTRANO VALLEY WATER DISTRICT ('District") and PACIFIC POINT PARTNERS, L.P., a California limited partnership, ("Developer") is made and effective as of November 3, 1992, with reference to the following facts. RECITALS A. Developer is the owner and developer of real property lying within the boundaries of the District, commonly referred to as Pacific Point (the "Project"), and more particularly described on Exhibit "A" attached hereto. B. A comprehensive technical analysis titled "Master Plan - Potable and Non - Potable Water System - Forster Canyon Service Area" dated October 1, 1992 has been prepared for the Project ("Master Plan"), which Master Plan is separately submitted in its entirety as Appendix "A" and incorporated herein by reference. Both Developer and District have critically reviewed the Master Plan and agree with its contents and conclusions. The Master Plan provides the technical basis and support for the construction of facilities and water systems to provide water service to the Project and adjacent areas. The Master Plan identifies the necessary potable and non -potable, temporary and permanent facilities to be constructed and provides for their phasing ("Phases A, B, C and D") in a manner that corresponds with the phased construction of the Project as provided in the Phasing and Construction Plan included as Exhibit "H" to the Pacific Point Development Agreement dated June 3, 1992 between Developer and the City of San Juan Capistrano (the "City"). A copy of the Development Agreement's Phasing and Construction Plan is attached as Exhibit "B" hereto. C. Developer has requested the District to furnish water service to the Project in connection with the construction and installation by Developer and District of the water system necessary to serve the Project and acceptance of the same by the District. D. A portion of the improvements to be constructed pursuant to the Master Plan, are designed to serve existing and future water customers and developments outside the Project and Developer has agreed to construct more than its proportionate share of water facilities subject to the terms of this Agreement. E. In consideration for Developer's agreement to provide certain oversized water facilities for the benefit of existing and future customers of the District outside the Project, which will benefit the District and property within the District other than the Project, and in order to strengthen the planning process, and reduce the risks of development, District intends to provide Developer contractual assurances that all of the public improvements and 9033313/10-28-92 0 • development charges which will be required of Developer on account of the Project are only those contemplated by this Agreement. Developer would not enter into this Agreement or otherwise agree to provide the public benefits and improvements described in this Agreement, if it were not for the agreement of the District that the development requirements, facilities, improvements, fees and charges for the entire Project can be agreed to presently within the framework of this Agreement and both construction and permanent water deliveries be assured. F. This Agreement is intended to set forth the understanding between Developer and the District with respect to: (1) the Developer's obligation to provide the water facilities determined by District to be necessary for the proper development of the Project; (2) the District's obligation to provide water facilities required by the Master Plan; (3) such oversizing as the parties have agreed will be provided and the respective funding obligations of the District with respect thereto; (4) the District's obligations to provide both construction and permanent water service to the Project; and (5) the District's agreement to establish the future charges and other fees applicable to the Project. G. The parties acknowledge that a community facilities district, assessment district, public financing authority or other financing district (collectively, the "Financing District") may be established in the future which may include the water facilities or other public facilities and infrastructure required not only by the City, but also by the District for the development of the Project. Nothing in this Agreement is intended to limit the discretion of the District or other governmental agency organizing the Financing District to do so subject to whatever terms and conditions may be reasonably required. H. District and Developer acknowledge that Developer may choose, at its discretion, to assign the responsibility to construct the water facilities contemplated by this Agreement in whole or in part to the Financing District in which event actual control over such construction shall become the responsibility of the Financing District. I. The development of the Project and its potential impacts on the environment, including construction of the water facilities described herein, have been examined and analyzed and the Project's Environmental Impact Report No. 91-8-20-3 was duly certified on August 20, 1991 by the City, as lead agency, all in accordance with the California Environmental Quality Act. NOW, THEREFORE, in consideration of the above facts and circumstances and for other valuable consideration, receipt and sufficiency of which is hereby acknowledged, it is agreed by and between the parties as follows: 9033313/10-28-92 2 I 1. SCOPE OF WORK 1.1 Definitions. The following terms used in this Agreement shall be defined as provided in this Section. (a) Design and Construction Costs "design and construction costs" shall be understood As used herein, any reference to and construed broadly to include all ordinary or customary costs and expenses associated with the design, approval and construction of the Developer -Constructed Facilities and District -Constructed Facilities. Design and construction costs shall include, but are not limited to, all: (i) application, permit, plan -check and inspection fees; (ii) engineering, design, blueprint, plans and specifications fees or charges; (iii) contractor, subcontractor, supplies, labor, materials and equipment rental charges or costs; (iv) bonds, insurance, accounting, legal fees and project overhead costs or charges; (v) financing costs, loan fees, letter of credit fees, construction interest or other financing costs or charges; (vi) other costs, charges, expenses incurred by Developer including supervision and overhead expenses and (vii) the cost of all rights of way, easements and other real property interests required for the construction and use of the Facilities. (b) Developer -Constructed Facilities. The term "Developer -Constructed Facilities" shall be as defined in Section 1.2 below. (c) District -Constructed Facilities. The term "District -Constructed Facilities" shall be defined as provided in Section 1.3 below. (d) Developer's Fair Share. The term "Developer's Fair Share" means that portion of the design and construction costs of the District -Constructed Facilities that is fairly allocable to the Developer as calculated in Section 7 of the Master Plan. The Developer's Fair Share (i) is forty-eight percent (48%) of the design and construction costs of the 1.7 MG storage reservoir, (ii) forty-six percent (46%) of the design and construction costs of the pump station and reservoir feeder lines (Legs 1, 2, 3 and 4) and (iii) forty-three percent (43%) of the design and construction costs of the Non -Potable Water System. (e) Mesa's Fair Share. The term "Mesa's Fair Share" means that portion of the design and construction costs of the District -Constructed Facilities that is fairly allocable to the Mesa as calculated in Section 7 of the Master Plan. The Mesa's Fair Share is (i) thirty-seven percent (37%) of the design and construction costs of the 1.7 MG storage reservoir, (ii) twenty percent (20%) of the design and construction costs of the pump station and reservoir feeder lines (Legs 1, 2, 3 and 4) and (iii) fifty-seven percent (57%) of the design and construction costs of the Non -Potable Water System. 9033313/10-28-92 r 0 The District -Constructed Facilities are as follow: + Potable Water Systems - 1.7 MG reservoir adjacent to Meredith Canyon within City -owned property. - Booster pump station adjacent to La Novia Avenue within Tentative Tract 14343. - Pipelines connecting the above booster pump station to existing water lines in La Novia Avenue and San Juan Creek Road (Legs 1 and 2 as shown on Master Plan). - Pipeline connecting the above booster pump station to the reservoir (Legs 3 and 4 as shown on the Master Plan). + Non -Potable Water System Permanent booster pump station. Pipeline from the above booster pump station to the Developer - Constructed Facilities. The District -Constructed Facilities shall be completed as provided in this Section. Developer shall have the right to construct the Phase A improvements and occupy portions of the Project served by the Phase A improvements prior to District's completion of the District - Constructed Facilities in the Potable Water System. (a) Phase A. Prior to the District's approval of water improvement plans for Phase A, Developer shall deposit with the District the sum of $10,000 to be used toward the design of District -Constructed Facilities. Additional payments shall be made by the Developer on a monthly basis, with the total amount of all payments not to exceed the Developer's Fair Share and the Mesa's Fair Share of design costs. (b) Phase B. (i) Prior to the District's award of a construction contract for District -Constructed Facilities, Developer shall deposit with the District the sum of $10,000 to be used toward the construction of District -Constructed Facilities. Additional payments shall be made by the Developer as provided in Section 1.3(d) below, with the total amount of all payments not to exceed the Developer's Fair Share and the Mesa's Fair Share of construction costs. (ii) Prior to the District's award of a construction contract for District -Constructed Facilities, Developer shall provide to the District a Faithful Performance Bond or alternate security as described in Sections 7 and 8. The amount of the bond or alternate security shall initially be equal to 110% of the Developer's Fair Share and Mesa's Fair Share of District -Constructed Facilities, and shall be reduced in amounts equal to the payments by the Developer described above. (iii) No permanent water meters within Phase B will be installed by the District until completion of District -Constructed Facilities in the Potable Water System. 9033313/10-28-92 5 0 2.3 Payment of Development Charges. (a) Water Capacity Charge. (1) Residential Construction. Prior to the approval of water improvement plans for each phase of residential construction, Developer shall pay to the District a portion of the Water Capacity Charge as described in Exhibit C. The charge shall be calculated based on the maximum day residential demand of each phase. (2) Non -Residential Construction. Prior to the approval of improvement plans for water distribution within a non-residential area, Non -Residential Builder shall pay to the District the Water Capacity Charge as described in Exhibit C. The charge shall be calculated based on the maximum day demand of the non-residential area. "Non -Residential Builder" is defined as the party submitting improvement plans for water distribution within a Non -Residential area. (b) Capital Improvement Charge. (1) Residential Construction. Prior to the approval of water improvement plans for each phase of residential construction, Developer shall pay to the District the Capital Improvement Charge as described in Exhibit C. The charge shall be calculated based on the number of dwelling units or meters within each phase whichever is greater. (2) Non -Residential Construction. Prior to the approval of improvement plans for water distribution within a non-residential area, Non -Residential Builder shall pay to the District the Capital Improvement Charge as described in Exhibit C. (c) Storage Charge. (1) Residential Construction. Prior to the approval of water improvement plans for each phase of residential construction, Developer shall pay to the District the Storage Charge as described in Exhibit C. The charge shall be calculated based on the number of dwelling units within each phase. (2) Non -Residential Construction. Prior to the approval of improvement plan for water distribution within a non-residential area, Non -Residential Builder shall pay to the District the Storage Charge as described in Exhibit C. The charge shall be calculated based on the square footage of building area within the non-residential area. (d) Plan Check and Inspection Fee. Concurrent with the submittal of any water improvement plans, the Developer shall pay to the District one-half of the Plan Check and Inspection Fee as described in Exhibit C. This initial portion of the fee shall be based 9033313/10-28-92 8 on the engineer's cost estimate for construction of the submitted work. The remainder of the Plan Check and Inspection Fee shall be paid prior to approval of water improvement plans, and shall be based on the engineer's cost estimate for construction of the approved work. (e) Meter Installation Charges. Prior to the issuance of a City building permit, Developer agrees to pay a Meter Installation Charge as described in Exhibit C. The charge shall be calculated based on the number and size of water meters necessary to serve the permitted building(s) and irrigated area. 2.4 Notification to Future Land Owners. Developer agrees to notify all future buyers of all or a portion of the Project as to the need to pay certain development charges as described in this Agreement. 2.5 Extension of Facilities for Construction Water. No Development Charges, other than a Plan Check and Inspection Fee, shall be paid by the Developer for the design, plan check, and construction of any extension of facilities necessary to provide temporary construction water to the Project. 3. GUARANTEE OF WATER SERVICE. The District hereby covenants and agrees to supply the Project with construction water as required by the Developer to install the Developer -Constructed Facilities and construct the Project in accordance with the Development Agreement and the development entitlements from the City. In addition, upon completion of the Developer -Constructed Facilities in phases or segments by the Developer pursuant to Paragraph 1.1 hereof, the District covenants and agrees to supply potable and non -potable water to the Project in an amount required to accommodate full build -out thereof as contemplated by Developer and in accordance with approved Development Agreement and entitlements subject to actions of outside agencies and acts of God (drought & other emergencies) that apply to entire District, subject, however, to actions of outside agencies and acts of God (drought and other emergencies that apply to the entire District. All consumption charges for water shall be at the then current rates in effect throughout the District. The District's commitment and guarantee to provide construction and permanent potable and non -potable water service to the Project is a material inducement and consideration of Developer's obligations herein. District recognizes that the supply of non -potable water may be inadequate to serve the Project's demands and therefore agrees to provide adequate potable water to serve the Project if necessary. 4. PERIOD OF AGREEMENT. 4.1 Term. The term of this Agreement shall be for ten (10) years unless the Agreement is earlier terminated or its term is modified pursuant to this section. 9033313/10-28-92 9 4.2 Modification of Agreement. This Agreement may be amended from time to time by the mutual consent of the parties but only in the same manner as its adoption by resolution of the Board of Directors of the Water District. 5. RIGHTS OF WAY/EASEMENTS. The parties acknowledge that usual and customary rights of way, easements or fee interest in property may be necessary or required to construct, maintain and operate the Developer -Constructed Facilities and District -Constructed Facilities. Developer agrees to provide usual and customary rights of way or easements across and under the Project at no cost or expense to the District. District agrees that any off-site (outside the Project) property rights or interests required for construction of the Developer -Constructed Facilities and the District -Constructed Facilities will be acquired by the District in a timely fashion by negotiation or condemnation. This includes any rights-of-way or easements required over the Mesa area. The full cost and expense of any such off-site acquisition shall be paid as part of the design and construction cost of Developer -Constructed Facility or District - Constructed Facility for which such acquisition was required. 6. DUTY OF COOPERATION: OPERATING MEMORANDA. District and Developer shall cooperate in good faith to design, fund and construct the Developer -Constructed Facilities contemplated herein, which cooperation will include working with other governmental agencies and third parties. The parties acknowledge that the timely design, financing and construction of the Developer -Constructed Facilities will require ongoing cooperation and joint efforts. From time to time, it may be desirable to document agreed procedures, designs, schedules or other implementation measures by way of written operating memoranda or memoranda of understanding. Such memoranda are intended to implement this Agreement, and are not intended to be inconsistent with this Agreement. Such memoranda shall refer to this Agreement and may be signed by the authorized management representative of each parry and do not require further amendment or modification of this Agreement. This Section 6 is intended to be construed broadly to effectuate the myriad of day to day technical and implementation decisions to be handled at District staff level. 7. FAITHFUL PERFORMANCE BOND. Prior to the approval of improvement plans for construction of any Developer - Constructed Facility pursuant to this Agreement, Developer shall furnish and deliver to District a faithful performance bond acceptable to the District in an amount equal to 110% of the estimated cost of work being undertaken. The bond shall be furnished by a surety company satisfactory to the District. Bond shall remain in effect during one-year warranty period. 9033313/10-25-92 10 0 8. ALTERNATE SECURITY. In lieu of the bonds provided for in Sections 1.3(b) or 7 above, Developer may furnish District with the following alternate security for each portion or phase of Developer - Constructed Facilities: (a) Adequate evidence of the establishment of a Financing District which includes Developer's Fair Share of the facilities as items the cost of which will be borne by the Financing District, and for which bond proceeds will be available; or (b) An Instrument of Credit or an agreement of deposit as security for the faithful performance of this Agreement in an amount not less than one hundred and ten percent (110%) of the estimated costs of work being undertaken. 9. ACCEPTANCE OF WORK. Acceptance of the work shall be on a phase -by -phase basis as such phases or sub -phase Of the Developer -Constructed Facilities are completed. From and after acceptance of any phase or sub -phase the work or improvement shall be owned and operated by District. District agrees to promptly accept all phases or sub -phases of completed Developer - Constructed Facilities. 10. WARRANTY. The Developer shall cause the contractor to guarantee all work for a period of one (1) year after the date of acceptance of the work by the District and to repair and replace any and all such work or improvement, together with any other work or improvement which may be displaced in so doing, that may prove defective in workmanship or materials or both within the one (1) year period from date of acceptance, without expense to the District, ordinary wear and tear and unusual abuse or neglect excepted. 11. MANUFACTURER'S WARRANTY. Developer shall cause the contractor to furnish District all appropriate guarantees or warranty certificates including those extended warranty certificates from manufacturers or suppliers upon completion of the Developer -Constructed Facilities or any portion thereof. 12. ENFORCED DELAY, EXTENSION OF TIME OF PERFORMANCE. Neither party shall be deemed to be in default where delays, defaults or breaches are due to war, insurrection, strikes, walkouts, riots, floods, earthquakes, fires, casualties, acts of God, unavailability of materials, governmental restriction imposed or mandated by governmental entities (other than District), suspension of rights in accordance with the existence or unforeseen circumstances, litigation or similar bases for excused performance. 9033313/10-28-92 11 L If written notice of such delay is given to the other parry within thirty (30) days following the commencement of such delay, an extension of time for performance shall be granted in writing for the period of the delay, or longer as may be mutually agreed upon. An extension shall commence to run from time of commencement of the cause of the delay. 13. INCORPORATION OF RECITALS. The Recitals set forth at the beginning of this Agreement constitute a part of this Agreement and are hereby incorporated by reference as true and correct. 14. MISCELLANEOUS PROVISIONS. 14.1 Attorney's Fees. In the event of any legal or equitable proceedings or arbitration to enforce or interpret the terms and conditions of this Agreement, the prevailing party shall be entitled to all reasonable attorney's fees and costs in addition to any other relief granted by law. This provision shall apply to the entire Agreement. 14.2 Entire Agreement. This Agreement, together with all the exhibits attached to this Agreement, contain all of the representations and the entire understanding between the parties with respect to the subject matter of this Agreement. Any prior correspondence, memoranda or agreements, or other documents of any kind, whether or not such correspondence, memoranda, agreements or documents are in conflict with this Agreement are intended to be replaced in total by this Agreement or its exhibits. 14.3 Assignment. The rights and obligations of the Developer under this Agreement may be assigned in writing in whole or in part as part of an assignment of all or a portion of the Property. Any assignment shall be subject to the provisions of the Agreement and to the prior written consent of the District, which shall not be unreasonably withheld. During the Term, any assignee shall have those rights, benefits, and obligations of the Developer under this Agreement as expressly assigned with respect to the portion of the Property owned by assignee. Immediately upon delivery by the Developer to the District of the assignee's written assumption of the Developer's rights and obligations under this Agreement with respect to any portions of the Property being assigned, the Developer shall be released from all obligations as to any portions of the Property so assigned. All forms of use of the verb "assign" and the nouns "assignment" and "assi ee" shall include all contexts of hypothecations, sales, conveyances, transfers, leases, and assignments. 14.4 Binding Effect. Subject to the provisions of Section 2.1, the burdens of this Agreement shall bind and the benefits of the Agreement shall inure to the parties, successors, heirs and assigns. Nothing contained herein, however, shall be construed to establish on behalf of any successor in interest (except as may otherwise be provided by agreement of the parties) any right to enforce the obligation remaining between the District and Developer following an assignment in accordance with the provisions of Paragraph 2.1. 9033313/10-25-92 12 0 14.5 Applicable Law. This Agreement and any disputes relating to this Agreement shall be construed under the laws of the State of California. 14.6 Notices. All Notices required or provided for under this Agreement shall be in writing and delivered in person or sent by registered mail, postage prepaid, return receipt requested, to the principal offices of the District and Developer. Notice shall be effective on the date delivered in person, or the date when the postal authorities indicate that the mailing was delivered to the address of the receiving party indicated below: NOTICE TO DEVELOPER: Pacific Point Partners, L.P., 650 Town Center Drive Suite 1900 Costa Mesa, CA 92626 Attention: Michael J. Schlesinger and Thomas A. May, Esq. Luce, Forward, Hamilton & Scripps 600 West Broadway, Suite 2600 San Diego, CA 92101 NOTICE TO DISTRICT: General Manager Capistrano Valley Water District 32450 Paseo Adelanto San Juan Capistrano, CA 92675 Such written notices, demands, correspondence and communications may be sent in the same manner to such other persons and addresses as either party may from time to time designate by mail as provided in this Section. A parry may change its address by giving notice in writing to the other party and thereafter notices shall be delivered or sent to such new addresses. 14.7 Exhibits. The following exhibits and appendix are attached hereto and incorporated herein by this reference. Exhibit Description A Legal Description of the Project B Phasing and Construction Plan — Pacific Point Development Agreement C Schedule of Fees 9033313/10-28-92 13 • 0 Anoendix Description A Master Plan - Potable and Non -Potable Water System 14.8 Relationship of the Parties. The contractual relationship between District and Developer arising out of this Agreement is one of independent contractor and not agency. DISTRICT: DISTRICT Approved as to form and conten By: Wa er District Counsel n/a 0 z Attest: By: District Clerk 9033313/10-28-92 14 DEVELOPER: PACIFIC POINT PARTNERS, L.P., a California limited partnership By: ONE CHESTNUT, INC., a Delaware corporation, General Partner r By4�_ Its: �. e' 3e!s.A— 4 i THE LAND REFERRED TO IS DESCRIBED AS FOLLOWS THOSE PORTIONS OF LOTS 5 AND 8, IN THE CITY OF SAN JUAN CAPI.STRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAF' FILED IN BOOK 4, PAGE 15 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL A: PARCEL A-1: BEGINNING AT THE INTERSECTION OF THE NORTHEASTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED AS PARCEL 8, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, IN THE DEED RECORDED OCTOBER 6, 1930 IN BOOK 428, PAGE 75 OF OFFICIAL RECORDS, WITH THE CENTERLINE OF THE CALIFORNIA STATE HIGHWAY (100 FEET WIDE), AS DESCRIBED IN THE QUITCLAIM DEED RECORDED DECEMBER 29, 1944 IN BOOK 1287, PAGE 462 OF OFFICIAL RECORDS; THENCE FROM SAID POINT OF BEGINNING, SOUTH 64 DEGREES 06 MINUTES 40 SECONDS EAST ALONG SAID NORTHEASTERLY LINE, 947.49 FEET TO A POINT; THENCE SOUTH 25 DEGREES 53 MINUTES 20 SECONDS WEST 380.84 FEET TO A POINT; THENCE NORTH 76 DEGREES 24 MINUTES 40 SECONDS WEST 663.39 FEET TO A POINT, THENCE SOUTH 47 DEGREES 34 MINUTES 20 SECONDS WEST 119.84 FEET TO A POINT; THENCE NORTH 20 DEGREES 44 MINUTES WEST A32.01 FEET TO A POINT IN THE CENTERLINE OF SAID CALIFORNIA STATE HIGHWAY; THENCE NORTH 35 DEGREES 49 MINUTES 02 SECONDS EAST ALONG SAID CENTERLINE, 341.93 FEET TO THE POINT OF BEGINNING, BEING A PORTION OF LOT 8 AS SHOWN ON A LICENSED SURVEYOR'S MAP FILED IN BOOK 4, PAGE 15 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. EXCEPTING THEREFROM THAT PORTION LYING NORTHWESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE MOST SOUTHERLY CORNER OF THE LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED JUNE 13, 1967 IN BOOK 8277, PAGE 568 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY LINE OF SAID LAND, TO ITS INTERSECTION WITH THE SOUTHEASTERLY LINE OF THE LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED MAY 16, 1958 IN BOOK 4287, PAGE 239 OF OFFICIAL RECORDS; THENCE NORTHEASTERLY ALONG SAID LAST MENTIONED SOUTHEASTERLY LINE, TO THE INTERSECTION WITH THE NORTHEASTERLY LINE OF THE ABOVE DESCRIBED LAND. PARCEL A-2: BEGINNING AT A POINT WHICH BEARS SOUTH 64 DEGREES 06 MINUTES 40 SECONDS EAST (RECORD SOUTH 64 DEGREES 03 MINUTES 45 SECONDS EAST) 947.49 FEET FROM THE INTERSECTION OF THE NORTHEASTERLY LINE OF A CERTAIN PARCEL OF LAND DESCRIBED AS PARCEL 8 IN THE DEED RECORDED OCTOBER 6, 1930 IN BOOK 428, PAGE 75 OF OFFICIAL RECORDS, WITH THE CENTERLINE OF THE CALIFORNIA STATE HIGHWAY (100 FEET WIDE), AS DESCRIBED IN THE QUITCLAIM DEED RECORDED DECEMBER 29, 1944 IN BOOK 1287, PAGE 462 OF OFFICIAL RECORDS, SAID POINT OF BEGINNING BEING THE MOST EASTERLY CORNER OF THE LAND DESCRIBED IN PARCEL A-1 HEREIN; THENCE FROM SAID POINT OF BEGINNING, SOUTH 25 DEGREES 53 MINUTES 20 SECONDS WEST 380.84 Exhibit A - page 1 FEET; THENCE SOUTH 76 DEGREES 24 MINUTES 40 SECONDS EAST 504.26 FEET; THENCE ,SOUTH 25 DE:GREEE 51 MINUTES 40 SECONDS EAST 2-.'2.39 FEET; THENCE SOUTH 5 DEGREES 07 MINUTES 40 SECONDS EAST 1629.59 FEET FO A POINT IN THE EASTERLY LINE. OF LOT 8 AS SHOWN ON A LICENSED SURVEYOR'S MAF' FILED IN ROOK 4, PACE 15 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA; THENCE NORTH 22 DEGREES 45 MINUTES EAST 1810.42 FEET TO THE MOST EASTERLY CORENR OF SAID LOT 8; THENCE NORTH 64 DEGREES 06 MINUTES 40 SECONDS WEST (RECORD NORTH 64 DEGREES 03 MINUTES 45 SECONDS WEST) 1407.90 FEET TO THE POINT OF BEGINNING. PARCEL A-3: BEGINNING AT THE INTERSECTION OF THE NORTHEASTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED AS PARCEL. 8, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, IN THE DEED RECORDED OCTOBER 6, 5930 IN BOOK 428, PAGE 75 OF OFFICIAL. RECORDS, WITH THE CENTERLINE OF THE CALIFORNIA STATE HIGHWAY (100 FEET WIDE), AS DESCRIBED IN THE QUITCLAIM DEED RECORDED DECEMBER 29, 1944 IN BOOK i287, PAGE 462 OF OFFICIAL RECORDS; THENCE FROM SAID POINT OF BEGINNING, NORTH 35 DEGREES 49 MINUTES 02 SECONDS EAST ALONG THE CENTERLINE OF THE CALIFORNIA STATE HIGHWAY, 295.04 FEET TO A POINT NORTH 54 DEGREES 19 MINUTES 50 SECONDS WEST OF THE MOST WESTERLY CORNER OF THE 37.10 ACRE PARCEL OF LAND DESCRIBED AS PARCEL i IN THE DEED DATED NOVEMBER 12, 1947 FROM MARCO F. FORSTER AND WIFE, TO ROSENBAUM RANCHO CO., RECORDED DECEMBER 30, 5947 IN BOOK 1613, PAGE 219 OF OFFICIAL RECORDS; THENCE SOUTH 54 DEGREES 19 MINUTES 50 SECONDS EAST 427.04 FEET; THENCE NORTH 81 DEGREES 50 MINUTES EAST 385.20 FEET; THENCE NORTH 35 DEGREES 02 MINUTES 20 SECONDS EAST 497.17 FEET; THENCE SOUTH 22 DEGREES 03 MINUTES 10 SECONDS EAST 1386.08 FEET; THENCE NORTH 64 DEGREES 06 MINUTES 40 SECONDS WEST (RECORD NORTH 84 DEGREES 03 MINUTES 45 SECONDS WEST) 5896.49 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM, ALL THAT PORTION OF SAID LAND LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE, BEING THE EASTERLY LINE OF THE LAND DESCRIBED IN A DEED TO THE STATE OF CALIFORNIA, RECORDED MAY 10, 1958 IN BOOK 4287, PAGE 239 OF OFFICIAL RECORDS, BEGINNING AT THE INTERSECTION OF THE SOUTHWESTERLY LINE OF THE LAND ABOVE DESCRIBED, WITH THE EASTERLY LINE OF SAID LAND TO THE STATE OF CALIFORNIA; THENCE NORTH 14 DEGREES 00 MINUTES 59 SECONDS EAST ALONG SAID EASTERLY LINE OF THE STATE OF CALIFORNIA, TO AN ANGLE POINT THEREIN; THENCE NORTH 35 DEGREES 49 MINUTES 02 SECONDS EAST ALONG SAID EASTERLY LINE, TO THE INTERSECTION OF SAID EASTERLY LINE WITH THE NORTHEASTERLY LINE OF SAID LAND ABOVE DESCRIBED. PARCEL A-4: BEGINNING AT THE MOST EASTERLY .CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED RECORDED MAY 16, 1958 IN BOOK 4287, PAGE 239, OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE SOUTH 36 DEGREES 37 MINUTES 34 SECONDS WEST ALONG THAT CERTAIN COURSE DESCRIBED IN SAID DEED AS HAVING A LENGTH OF 70.25 FEET, A DISTANCE OF 70.25 FEET; THENCE NORTHERLY IN A DIRECT LINE TO THE SOUTHERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS 'SOUTH 14 DEGREES 49 MINUTES 31 SECONDS WEST, 64.42 FEET' IN A DEED FROM THE STATE OF CALIFORNIA, TO NOFIE FAMULARO AND OTHERS, RECORDED IN BOOK 6501, PAGE 603 OF SAID OFFICIAL RECORDS; SAID POINT BEING IN THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO A. E. FARLEY BY DEED RECORDED IN ROOK 2153, PAGE 539 OF SAID OFFICIAL RECORDS; THENCE ALONG SAID SOUTHWESTERLY LINE, SOUTH 53 DEGREES 31 MINUTES 18 SECONDS EAST 28.07 FEET TO THE POINT OF BEGINNING. Exhibit A - page 2 0 r EXCEPTING 1HEREFROM, ALL MINERALS, OIL, GASES AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, NOT OTHERWISE EXCEPTED, THAT MAY BE WITHIN OR UNDER THE PARCEL OF LAND HEREINABOVE DESCRIBED; WITHOUT, HOWEVER, THE RIGHT TO DRILL, DIG OR MINE 'THROUGH THE SURFACE THEREOF. ALSO EXCEPTING THEREFROM, ALL MINERALS, OILS, GASES AND OTHER HYDROCARBONS BY WHATSOEVER NAME_ KNOWN, NOT OTHERWISE EXCEPTED, THAT MAY BE WITHIN OR UNDER THE PARCEL OF LAND HEREINABOVE DESCRIBED; WITHOUT, HOWEVER, THE RIGHT TO DRILL, DIG OR MINE THROUGH THE SURFACE THEREOF, SUBJECT TO THE EXCEPTION AND RESERVATION OF ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES IN AND UNDER SAID LAND BELOW A DEPTH OF 100 FEET, MEASURED VERTICALLY FROM THE SURFACE OF SAID LAND, TOGETHER WITH THE RIGHT TO SLANT DRILL FOR THE PURPOSE OF PRODUCING, SAVING AND SELLING THE SAME, AS RESERVED IN THE DEED FROM THE STATE OF CALIFORNIA, RECORDED AUGUST 6, 1963 IN BOOK 6663, PAGE 408 OF OFFICIAL RECORDS. PARCEL B: THAT PORTION OF LOT 8, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAF' FILED IN BOOK 4, PAGE 15 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTHEASTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED AS PARCEL 8 IN THE DEED RECORDED OCTOBER 6, 1930 IN BOOK 428, PAGE 75 OF OFFICIAL RECORDS, WITH THE CENTERLINE OF THE CALIFORNIA STATE HIGHWAY (100.00 FEET WIDE), AS DESCRIBED IN THE QUITCLAIM DEED RECORDED DECEMBER 19, 1944 IN BOOK 1287, PAGE 462 OF OFFICIAL RECORDS; THENCE SOUTH 35 DEGREES 49 MINUTES 02 SECONDS WEST ALONG THE CENTERLINE OF SAID HIGHWAY, 341.93 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTH 20 DEGREES 44 MINUTES EAST 432.01 FEET; THENCE SOUTH 10 DEGREES 26 MINUTES 40 SECONDS EAST 251.43 FEET; THENCE SOUTH 21 DEGREES 29 MINUTES 20 SECONDS WEST 634.52 FEET; THENCE SOUTH 59 DEGREES 19 MINUTES 20 SECONDS EAST 1185.00 FEET; THENCE NORTH 49 DEGREES 59 MINUTES 20 SECONDS EAST 706.11 FEET; THENCE SOUTH 05 DEGREES 07 MINUTES 40 SECONDS EAST 1032.12 FEET; THENCE SOUTH 22 DEGREES 45 MINUTES WEST 233.36 FEET; THENCE SOUTH 74 DEGREES 20 MINUTES WEST 617.11 FEET; THENCE SOUTH 62 DEGREES 30 MINUTES 45 SECONDS WEST 1127.52 FEET; THENCE SOUTH 61 DEGREES 04 MINUTES WEST 1300.17 FEET; THENCE SOUTH 76 DEGREES WEST 755.38 FEET TO A POINT IN THE EASTERLY LINE OF THE CALIFORNIA STATE HIGHWAY; THENCE NORTH 05 DEGREES 01 MINUTE 30 SECONDS EAST ALONG SAID LINE OF SAID HIGHWAY, 238 FEET, MORE OR LESS, TO THE INTERSECTION WITH THE EASTERLY LINE OF SAID PRYOR HOMESTEAD; THENCE ALONG SAID EASTERLY LINE OF SAID PRYOR HOMESTEAD, NORTH 27 DEGREES 53 MINUTES 30 SECONDS EAST 89.98 FEET; THENCE NORTH 05 DEGREES 30 MINUTES EAST 1047.16 FEET; THENCE NORTH 13 DEGREES 32 MINUTES EAST 431.67 FEET TO THE INTERSECTION OF SAID PRYOR HOMESTEAD WITH THE CENTERLINE OF SAID CALIFORNIA STATE HIGHWAY; THENCE NORTHERLY ALONG SAID CENTERLINE, ALONG A CURVE THEREOF, 382.72 FEET TO THE NORTHERLY END OF SAID CURVE; THENCE CONTINUING ALONG THE CENTERLINE OF SAID HIGHWAY, NORTH 38 DEGREES 54 MINUTES EAST 1565.30 FEET TO ENGINEER'S STATION 454+71.88 THEREOF; THENCE CONTINUING NORTHERLY ALONG THE CENTERLINE OF SAID HIGHWAY, ALONG A CURVE THEREOF, 218.17 FEET TO THE NORTHERLY END OF SAID CURVE AT ENGINEER'S STATION 456+90.05; THENCE CONTINUING ALONG THE CENTERLINE OF SAID HIGHWAY, NORTH 26 DEGREES 24 MINUTES EAST 710.97 FEET TO ENGINEER'S STATION! 464+01.02; THENCE SOUTHEASTERLY TO THE TRUE POINT OF BEGINNING. Exhibit A - page 3 EXCEPTING THEREFROM, THE FOLLOWING PARCELS OF I. -AND: (Ai BEGINNING AT A POINT IN THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED AS PARCEL 1 IN DEED FROM MARCO F. FORSTER AND ELIZABETH FORS'TER TO WENDELL K. MC CRACKEN AND HELEN V. MC CRACKEN, RECORDED IN BOOK 1603, PAGE 298 OF OFFICIAL RECORDS, RECORDS OF ORANGE COUNTY, CALIFORNIA, SAID POINT BEING SOUTH 59 DEGREES 19 MINUTES 20 SECONDS EAST 459.10 FEET FROM THE MOST WESTERLY CORNER THEREOF; THENCE SOUTH 59 DEGREES 19 MINUTES 20 SECONDS EAST 257.58 FEET; THENCE SOUTH 2 DEGREES 38 MINUTES 20 SECONDS WEST 208.06 FEET; THENCE SOUTI4 17 DEGREES 51 MINUTES 20 SECONDS WEST 182.71 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 150 FEET AND A CENTRAL ANGLE OF 54 DEGREES 00 MINUTES 40 SECONDS; THENCE IN A SOUTHWESTERLY DIRECTION ALONG THE ARC OF THE ABOVE MENTIONED CURVE, 141.40 FEET; THENCE SOUTH 71 DEGREES 52 MINUTES 00 SECONDS WEST 239.97 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS OF' 300 FEET AND A CENTRAL ANGLE OF 23 DEGREES 07 MINUTES 54 SECONDS; THENCE IN A WESTERLY DIRECTION ALONG THE ARC OF THE ABOVE MENTIONED CURVE, 121.12 FEET; THENCE NORTH 85 DEGREES 00 MINUTES 06 SECONDS WEST 401.33 FEET; THENCE NORTH 73 DEGREES 30 MINUTES 02 SECONDS WEST i6.62 FEET; THENCE NORTH 39 DEGREES 15 MINUTES 40 SECONDS EAST 1039.24 FEET TO THE POINT OF BEGINNING. (B) BEGINNING AT THE INTERSECTION OF THE NORTHEASTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED AS PARCEL 8 IN THE DEED RECORDED OCTOBER 6, 1930 IN BOOK 428, PAGE 75 OF OFFICIAL RECORDS, WITH THE CENTERLINE OF THE CALIFORNIA STATE HIGHWAY (100 FEET WIDE), AS DESCRIBED IN A QUITCLAIM DEED RECORDED DECEMBER 29, 1944 IN BOOK. 1287, PAGE 462 OF OFFICIAL RECORDS; THENCE SOUTH 35 DEGREES 49 MINUTES 02 SECONDS WEST 341.93 FEET; THENCE SOUTH 20 DEGREES 44 MINUTES EAST 432.01 FEET; THENCE SOUTH 10 DEGREES 26 MINUTES 40 SECONDS EAST 251.43 FEET; THENCE SOUTH 21 DEGREES 29 MINUTES 20 SECONDS WEST 634.52 FEET; THENCE SOUTH 27 DEGREES 59 MINUTES 50 SECONDS WEST 586.56 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A CENTRAL ANGLE OF 1i DEGREES 47 MINUTES AND A RADIUS OF 400 FEET; THENCE IN A SOUTHWESTERLY DIRECTION, ALONG THE ARC OF THE ABOVE MENTIONED CURVE, 82.26 FEET; THENCE SOUTH 39 DEGREES 46 MINUTES 50 SECONDS WEST 102.53 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A CENTRAL ANGLE OF 28 DEGREES 16 MINUTES 50 SECONDS AND A RADIUS OF 200 FEET; THENCE SOUTHWESTERLY AND SOUTHERLY ALONG THE ARC OF THE LAST MENTIONED CURVE, 98.72 FEET; THENCE SOUTH it DEGREES 30 MINUTES 00 SECONDS WEST 136.18 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A CENTRAL ANGLE OF 85 DEGREES 00 MINUTES 02 SECONDS AND A RADIUS OF 100 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF THE LAST MENTIONED CURVE, 148.35 FEET; THENCE SOUTH 73 DEGREES 30 MINUTES 02 SECONDS EAST 74.0.1 FEET TO A POINT, SAID POINT BEING THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED LAND; THENCE FROM SAID TRUE POINT OF BEGINNING, SOUTH 73 DEGREES 30 MINUTES 02 SECONDS EAST 71.67 FEET; THENCE SOUTH 85 DEGREES 00 MINUTES 06 SECONDS EAST 200.15 FEET; THENCE SOUTH 40 DEGREES 17 MINUTES 40 SECONDS EAST 158.73 FEET; THENCE SOUTH 3 DEGREES 04 MINUTES 20 SECONDS.WEST 149.85 FEET; THENCE SOUTH 51 DEGREES 07 MINUTES 20 SECONDS WEST 146.40 FEET; THENCE SOUTH 63 DEGREES 12 MINUTES 20 SECONDS WEST 69.65 FEET; THENCE SOUTH 83 DEGREES 07 MINUTES 20 SECONDS WEST 127.60 FEET; THENCE NORTH 71 DEGREES 47 MINUTES 40 SECONDS WEST 110.65 FEET; THENCE NORTH DEGREE 22 MINUTES 20 SECONDS EAST 251.90 FEET; THENCE NORTH 13 DEGREES 42 MINUTES 10 SECONDS EAST 165.39 FEET TO THE TRUE POINT OF BEGINNING. (C) BEGINNING AT A POINT WHICH BEARS SOUTH 49 DEGREES 59 MINUTES 20 SECONDS WEST 706.11 FEET, AND THENCE NORTH 59'DEGREES 19 MINUTES 20 SECONDS WEST 167.89 FEET FROM THE MOST EASTERLY CORNER OF PARCEL 1 OF THE LAND DESCRIBED IN Exhibit A - page 4 0 0 THE DEED TO WENDELL K. MC CRACKEN AND OTHERS, RECORDED DECEMBER 30, 1947 IN BOOK 1603, PAGE 298 OF OFFICIAL RECORDS; RUNNING THENCE FROM SAID POINT OF BEGINNING, NORTH 59 DEGREES 19 MINUTES 20 SECONDS WEST 305.23 FEET; THENCE SOUTH 2 DEGREES 38 MINUTES 20 SECONDS WEST 208.06 FEET; THENCE SOUTH 17 DEGREES 21 MINUTES 40 SECONDS EAST 153.30 FEET; THENCE NORTH f7 DEGREES 51 MINUTES 20 SECONDS EAST 29.42 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE EAST, HAVING A CENTERLINE RADIUS OF 150.00 FEET, AND CENTRAL ANGLE OF 36 DEGREES 48 MINUTES 30 SECONDS; THENCE IN A NORTHERLY DIRECTION, ALONG THE ARC OF THE ABOVE MENTIONED CURVE, 96.36 FEET; THENCE NORTH 54 DEGREES 39 MINUTES 50 SECONDS FAST 91.28 FEET; THENCE NORTH 62 DEGREES 38 MINUTES 20 SECONDS EAST 93.90 FEET TO THE POINT OF BEGINNING. (D) COMMENCING AT THE INTERSECTION OF THE NORTHEASTERLY LINE OF THAT' CERTAIN PARCEL OF LAND DESCRIBED IN PARCEL 8 IN THE DEED RECORDED OCTOBER 6, 1930 IN BOOK 428, PAGE 75 OF OFFICIAL RECORDS IN SAID OFFICE, (ALSO BEING THE NORTHEASTERLY LINE OF SAID LOT 8), WITH THE CENTERLINE OF THE CALIFORNIA STATE HIGHWAY (100 FEET WIDE), AS DESCRIBED IN DEED RECORDED IN BOOK 1298, PAGE 372 OF SAID OFFICIAL RECORDS; THENCE ALONG SAID CENTERLINE, SOUTH 36 DEGREES 37 MINUTES 34 SECONDS WEST 341.93 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTH 19 DEGREES 55 MINUTES 28 SECONDS EAST 134.41 FEET; THENCE SOUTH 56 DEGREES 33 MINUTES 06 SECONDS WEST 9.71 FEET; THENCE NORTH 53 DEGREES 22 MINUTES 26 SECONDS WEST 30.00 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT SOUTHEASTERLY 79.00 FEET, MEASURED AT RIGHT ANGLES FROM SAID CENTERLINE, SAID POINT BEING OPPOSITE ENGINEER'S STATION 461+46.90; THENCE ALONG SAID PARALLEL LINE, SOUTH 36 DEGREES 37 MINUTES 34 SECONDS WEST 1500.00 FEET TO A POINT OPPOSITE ENGINEER'S STATION 446+46.90 OF SAID CENTERLINE; THENCE LEAVING SAID PARALLEL LINE, SOUTH 31 DEGREES 19 MINUTES 36 SECONDS WEST 1018.78 FEET; THENCE SOUTH 16 DEGREES 55 MINUTES 16 SECONDS WEST 137.47 FEET; THENCE SOUTH 53 DEGREES 28 MINUTES 47 SECONDS EAST 467.53 FEET; THENCE SOUTH 15 DEGREES 38 MINUTES 32 SECONDS WEST 259.62 FEET; THENCE SOUTH 47 DEGREES 28 MINUTES 28 SECONDS WEST 685.78 FEET; THENCE SOUTH 5 DEGREES 15 MINUTES 42 SECONDS WEST 380.21 FEET; THENCE SOUTH 33 DEGREES 25 MINUTES 42 SECONDS EAST 350.49 FEET TO A POINT ON THE LINE DESCRIBED IN DEED TO MARCO F. FORSTER AND ELIZABETH J. FORSTER, RECORDED IN BOOK 856, PAGE 70 OF SAID OFFICIAL RECORDS, AS HAVING A BEARING SOUTH 76 DEGREES WEST, DISTANT EASTERLY 515.82 FEET FROM THE WESTERLY TERMINUS OF SAID LINE; THENCE ALONG SAID LINE, SOUTH 76 DEGREES 48 MINUTES 32 SECONDS WEST 515.82 FEET TO A POINT IN THE EASTERLY LINE OF THE CALIFORNIA STATE HIGHWAY, AS SHOWN ON SAID MAP; THENCE ALONG SAID EASTERLY LINE, NORTH 5 DEGREES 50 MINUTES 02 SECONDS EAST 238.00 FEET, MORE OR LESS, TO THE INTERSECTION WITH THE EASTERLY LINE OF THE PRYOR HOMESTEAD, AS DESCRIBED IN DECREE RECORDED IN ROOK 7, PAGE 31 OF HOMESTEADS IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA; THENCE ALONG SAID EASTERLY LINE OF SAID PRYOR HOMESTEAD, IN A GENERAL NORTHERLY DIRECTION TO THE INTERSECTION OF SAID EASTERLY LINE WITH THE CENTERLINE OF THE CALIFORNIA STATE HIGHWAY, AS SHOWN ON SAID MAP; THENCE IN A GENERAL NORTHEASTERLY DIRECTION, ALONG SAID LAST MENTIONED CENTERLINE TO ENGINEER'S STATION 464+01.02; THENCE SOUTHEASTERLY TO THE POINT OF BEGINNING. (E) COMMENCING AT THE MOST SOUTHERLY CORNER OF PARCEL 13, AS SHOWN ON THE RECORD OF SURVEY MAP RECORDED IN BOOK 49, PAGE 24 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA; THENCE NORTH 59 DEGREES 19 MINUTES 20 SECONDS WEST 167.89 FEET ALONG THE SOUTHWESTERLY BOUNDARY OF SAID PARCEL 13; THENCE SOUTH f DEGREE 09 MINUTES 20 SECONDS EAST 133.47 FEET; THENCE SOUTH 29 DEGREES 54 MINUTES 20 SECONDS EAST 114.93 FEET; THENCE NORTH 79 DEGREES 42 MINUTES 40 SECONDS EAST 62.64 FEET; THENCE NORTH 9 DEGREES 03 MINUTES 50 SECONDS WEST 70.39 FEET; THENCE NORTH 26 DEGREES 54 Exhibit A - page 5 E MINUTES 40 SECONDS EAST 74.81 FEET 10 THE POINT OF BEGINNING. (F) BEGINNING AT THE NORTHEASTERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RE -CORDED IN BOOK 4248, PAGE 286, OFFICIAL RECORDS, IN SAID OFFICE, AS HAVING A BEARING AND DISTANCE OF "SOUTH 31 DEGREES 19 MINUTES 36 SECONDS WEST, 1018.78 FEET'; THENCE ALONG SAID CERTAIN COURSE, SOUTH 31 DEGREES 19 MINUTES 36 SECONDS WEST 100.43 FEET; THENCE NORTH 39 DEGREES 54 MINUTES 08 SECONDS EAST 100.16 FEET; THENCE NORTH 38 DEGREES 03 MINUTES 30 SECONDS EAST 200.06 FEET; THENCE NORTH 35 DEGREES 11 MINUTES 38 SECONDS EAST 400.12 FEET; THENCE NORTH 36 DEGREES 37 MINUTES 34 SECONDS EAST 359.76 FEET TO THE EASTERLY LINE OF A 60.00 -FOOT STRIP OF LAND AS DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED IN BOOK 281, PAGE 243 OF DEEDS IN SAID OFFICE; THENCE ALONG SAID EASTERLY LINE NORTH 27.DEGREES 12 MINUTES 32 SECONDS EAST 61.11 FEET TO THAT CERTAIN COURSE DESCRIBED IN FIRST MENTIONED DEED AS HAVING A BEARING AND DISTANCE OF 'SOUTH 36 DEGREES 37 MINUTES 34 SECONDS WEST, 1500.00 FEET'; THENCE ALONG LAST MENTIONED CERTAIN COURSE, SOUTH 36 DEGREES 37 MINUTES 34 SECONDS WEST 1020.05 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN THE LAND CONVEYED IN SAID DEED TO THE STATE OF CALIFORNIA, RECORDED IN BOOK 4800, PAGE 195, OFFICIAL RECORDS. (G) BEGINNING AT A POINT IN SAID CERTAIN COURSE DESCRIBED IN PARCEL (F) ABOVE AS HAVING A DISTANCE OF 1018.78 FEET, DISTANT THEREON NORTH 31 DEGREES 19 MINUTES 36 SECONDS EAST 96.42 FEET FROM THE SOUTHWESTERLY TERMINUS OF SAID LAST MENTIONED CERTAIN COURSE; THENCE NORTH 38 DEGREES 37 MINUTES 52 SECONDS EAST 193.79 FEET; THENCE NORTH 16 DEGREES 39 MINUTES 26 SECONDS EAST 97.29 FEET TO SAID LAST MENTIONED CERTAIN COURSE; THENCE ALONG SAID LAST MENTIONED CERTAIN COURSE, SOUTH 31 DEGREES 19 MINUTES 36 SECONDS WEST 286.34 FEET TO THE POINT OF BEGINNING. (H) BEGINNING AT THE NORTHWESTERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED IN SAID DEED RECORDED IN SAID BOOK 4248, PAGE 286, AS HAVING A BEARING AND - DISTANCE OF 'SOUTH 33 DEGREES 25 MINUTES 42 SECONDS EAST, 350.49 FEET'; THENCE ALONG SAID LAST MENTIONED CERTAIN COURSE, SOUTH 33 DEGREES 25 MINUTES 42 SECONDS EAST 27.40 FEET; THENCE NORTH 4 DEGREES 41 MINUTES 55 SECONDS EAST 218.15 FEET; THENCE NORTH 3 DEGREES 44 MINUTES 43 SECONDS WEST 95.73 FEET TO A POINT IN THAT CERTAIN COURSE DESCRIBED IN LAST SAID DEED AS HAVING A BEARING AND DISTANCE OF 'SOUTH 5 DEGREES 15 MINUTES 42 SECONDS WEST, 380.21 FEET'; DISTANT THEREON NORTH 5 DEGREES 15 MINUTES 42 SECONDS EAST 291.29 FEET FROM THE POINT OF BEGINNING; THENCE ALONG SAID LAST MENTIONED CERTAIN COURSE, SOUTH 5 DEGREES 15 MINUTES 42 SECONDS WEST 291.29 FEET TO THE POINT OF BEGINNING. (I) THAT PORTION OF SAID LAND CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED AUGUST 30, 1971 IN BOOK 9782, PAGE 185, OFFICIAL RECORDS, (J) THAT PORTION OF SAID LAND CONVEYED TO JERRY W. NEELY AND NANCY C. NEELY HUSBAND AND WIFE, BY DEED RECORDED OCTOBER 20, 1977 IN BOOK 12423, PAGE 126, OFFICIAL RECORDS. THE ABOVE DESCRIBED PARCELS OF LAND ARE SHOWN ON MAP RECORDED IN BOOK 103, PAGES 8 TO 12 INCLUSIVE OF RECORD OF SURVEY MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY. PARCEL C: Exhibit A - page 6 0 0 PARCEL. 2, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAF' FILED IN BOOK 153, PAGES 12 TO 14 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE_ OF THE COUNTY RECORDER OF SAID COUNTY, CALIFORNIA. EXCEPTING THEREFROM, AN UNDIVIDED ONE-HALF INTEREST IN AND TO ALL OI1_, GAS ANT, OTHER HYDROCARBON SUBSTANCES IN, UPON AND UNDER SAID LAND, TOGETHER WITH ONE-HALF OF ALL RENTALS, ROYALTIES, BONUS PAYMENTS, AND OTHER THINGS OF VALUE, NOW OR HEREAFTER ACCRUING FROM SAID UNDIVIDED ONE-HALF' INTEREST IN AND TO SAID SUBSTANCES, AS RESERVED BY HOWARD L. KRUM AND FAY WILSON KRUM, HUSBAND AND WIFE, BY DEED RECORDED JUNE 6, 1956 IN BOOK 3538, PAGE 550, OFFICIAL. RECORDS, AND RE-RECORDED JULY 20, 1956 IN BOOK 3584, PAGE 339, OFFICIAL RECORDS. PARCEL D: THAT PORTION OF LOTS 7 AND 13, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAF' FILED IN BOOK 4, PAGE 15 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE TRUE POINT OF BEGINNING DESCRIBED IN A DEED TO DARMI, INC., RECORDED JANUARY 9, 1962 AS INSTRUMENT NO. 5572, IN BOOK 5969, PAGE 672, OFFICIAL RECORDS OF SAID ORANGE COUNTY, SAID POINT OF BEGINNING BEING THE SOUTHERLY TERMINUS OF A COURSE DESCRIBED AS SOUTH 22 DEGREES 45'MINUTES 00 SECONDS WEST 2043.78 FEET IN SAID DEED, SAID POINT ALSO BEING AN ANGLE POINT IN THE NORTHERLY LINE OF SAID LOT 7; THENCE SOUTH 74 DEGREES 20 MINUTES 00 SECONDS WEST 617.11 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 13; THENCE SOUTH 62 DEGREES 30 MINUTES 45 SECONDS WEST 1127.52 FEET; THENCE SOUTH 61 DEGREES 04 MINUTES 00 SECONDS WEST 1300.17 FEET; THENCE SOUTH 76 DEGREES 00 MINUTES 00 SECONDS WEST 239.56 FEET TO THE NORTHEASTERLY CORNER OF THE LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED OCTOBER 19, 1955 IN BOOK 3250, PAGE 470, OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE ENTERING SAID LOT 13, ALONG THE BOUNDARY LINE OF THE LAND DESCRIBED IN SAID DEED, TO SAID STATE OF CALIFORNIA, SOUTH 34 DEGREES 14 MINUTES 14 SECONDS FAST 251.45 FEET; THENCE SOUTH 41 DEGREES 11 MINUTES 00 SECONDS EAST 438.72 FEET; THENCE SOUTH 25 DEGREES 30 MINUTES 17 SECONDS EAST 293.69 FEET, MORE OR LESS, TO A POINT IN THE LINE THAT IS THE MOST WESTERLY ANGLE POINT IN THE BOUNDARY OF LAND DEEDED TO DARMI, INC., A CALIFORNIA CORPORATION, IN DEED RECORDED JANUARY 9, 1962 AS INSTRUMENT NO. 5572, IN BOOK 5969, PAGE 672, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID DRMI, INC. BOUNDARY LINE, THE FOLLOWING COURSES AND DISTANCES: NORTH 78 DEGREES 00 MINUTES 00 SECONDS EAST 2200.00 FEET, AND NORTH 22 DEGREES 00 MINUTES 00 SECONDS EAST 1200.00 FEET; THENCE LEAVING SAID DARMI, INC. DEED LINE, NORTH 17 DEGREES 40 MINUTES 41 SECONDS WEST 637.14 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. EXCEPT THEREFROM THAT PORTION DESCRIBED IN THE DEED TO THE CITY OF SAN JUAN CAPISTRANO, RECORDED JULY 30, 1970 IN BOOK 9361, PAGE 34 OF OFFICIAL RECORDS. ALSO EXCEPT THEREFROM AN UNDIVIDED ONE-HALF INTEREST IN ALL THE OIL, GAS AND OTHER HYDROCARBON SUBSTANCES, IN, UPON AND UNDER SAID LAND, TOGET14ER WITH THE INCOME ACCRUING THEREFROM, AS RESERVED BY HOWARD L. KRUM AND FAY WILSON KRUM, HUSBAND AND WIFE, BY DEED RECORDED JUNE 8, 1956 IN BOOK 3538, PAGE 550, OFFICIAL RECORDS, AND RE-RECORDED JULY 20, 1956 IN BOOK 3584, PAGE 339, OFFICIAL RECORDS. Exhibit A - page 7 Fxhibit "B" Pacific Point Development Agreement Exhibit "H" Phasing and Construction Plan General Note: Each of the following phases shall comply with the provisions of the Construction Mitigation Program contained in the CDP. I. ON-SITE IMPROVEMENTS. A. Mass Grading, Drainage Improvements, and Erosion Control Landscaping shall be as described in Section 6.14. B. Rough Grading, Drainage Improvements, Slope Landscaping, Underground Infrastructure, Street Improvements, Equestrian Trails, and Street Trees. i. Phase A: VIR, GR, and VR areas, and the Las Ramblas ROS area, limited to the following: - Stabilization of the existing 1-1/2 to 1 slope on the south and east side of Window Hill - Construction of surface and subsurface drainage improvements necessary to protect graded areas and adjacent property (also includes temporary erosion control measures) - Installation of slope landscaping for lots A, B, C and D (refer to tentative map) - Construction of "A" Street to 150-250 feet past the intersection with "B" Street, complete "B" Street, and all VIR streets - Installation of subsurface infrastructure, sidewalks, trails, and street trees within street rights-of-way listed above 2. Phase B: south R&D site and south ER area, limited to the following: - Construction of surface and subsurface drainage improvements necessary to protect graded areas and adjacent property (also includes temporary erosion control measures) - Installation of slope landscaping for lot G and the graded area within the Caltrans right-of-way adjacent to the south R&D site (refer to tentative map) - Construction of "A" Street to 150-250 feet past south intersection with "D" Street, and all south ER streets - Installation of subsurface infrastructure, sidewalks, trails, and street trees within street rights-of-way listed above Exhibit B - Page 1 Construction of grading and sub -base for "C' Street to provide alternate construction and emergency access for this phase Construction of the General Plan and feeder equestrian trails from the Vista Park to the easterly edge of this phase Note: This phase does not include any improvements within the south R&D site (to be developed by others) 3. Phase C: CR and north ER areas, limited to the following: - Surface and subsurface drainage improvements necessary to protect graded areas and adjacent property (also includes temporary erosion control measures) - Installation of slope landscaping for lot H and the graded area adjacent to "C' Street (refer to tentative map) - Construction of "A" Street to the north project boundary, complete "C" Street, and all CR and south ER streets. ("C" Street not required if "A" Street extended to La Novia) - Installation of subsurface infrastructure, sidewalks, traiis, and street trees within street rights-of-way listed above. - Construction of the General Plan and feeder equestrian trails within this phase 4. Phase D: north R&D site, limited to the following: Relocation of surcharge fill Note: This phase does not include any improvements within the north R&D site (to be developed by others) 5. Note: The phase described above may be divided into smaller sub - phases to correspond with the final maps discussed in Section 6.13, "Multiple Final Maps." II. OFF-SITE TRAFFIC IMPROVEMENTS. A. Camino Las Ramblas/Via California signal To be completed prior to the issuance of the first residential certificate of occupancy Exhibit B - Page 2 0 0 B. Valle Road and Camino Capistrano improvements as defined under "Off -Site Public Improvements" on Exhibit "C" hereto. To be completed prior to the first certificate of occupancy within the north R&D site or the completion of "C' Street, whichever comes first III. Community Park Improvements A. To be completed prior to the issuance of the final certificate of occupancy in Phase I of the Conceptual Phasing Plan if the Alternative No. 1 is selected for construction pursuant to Section 6.4.2. Exhibit B - Page 3 • ATTACHMENT A 0 CAPISTRANO VALLEY WATER DISTRICT SCHEDULE OF RATES AND CHARGES Effective July 2, 1992 as Amended per Elimination of MWD's Service Availability Charge (Section II effective August 2, 1992) I. WATER RATES al. Residential with individual irrigation and with lot size up to 7,000 sq. ft. - base rate (average bi-monthly allocations): 0 - 32 ccf per dwelling unit ............$0.97/100 c.f. 33 - 64 ccf per dwelling unit .........$1.23/100 c.f. Over 64 ccf Der dwelling unit ...........$1.98/100 c.f. Rate tiers will be adjusted monthly to reflect seasonal use variations. a2. Residential with individual irrigation and with lot size over 7,000 so. ft. - base rate (average bi-monthly allocations): Basic Allotment: 3.85 ccf bi-monthly per 1,000 sq.ft of landscapable area plus 18 ccf per bi-monthly billing: ...........................................$ .97/100 Over basic allotment but less than or equal to twice basic allotment: ....................... $1.23/100 c.f. Over twice basic allotment: ........................................ $1.98/100 c.f. Rate tiers will be adjusted monthly to reflect seasonal use variations. Landscapable area is the total lot size less double the dwelling size to recognize the home, driveways, other non -irrigated areas. b. Residential with common area irrigation and multi -family (bi-monthly allocations): 0 - 18 ccf per dwelling unit ............$0.97/100 c.f. 19 - 36 ccf per dwelling unit ...........$1.23/100 c.£. Over 36 ccf per dwelling unit. .......... $1.95/100 c._. EXHIBIT "C" 0 CAPISTRANO VALLEY WATER DISTRICT SCHEDULE OF RATES AND CHARGES Effective July 2, 1992 as Amended Page Two C. Commercial, Industrial, Mobilehome Park .........................$0.97/100 c.f. d. Landscape Irrigation: 0 - 3.85 ccf per 1000 sf.................$0.97/100 c.f. 3.86 - 7.70 ccf per 1000 sf..............$1.23/100 c.f. Over 7.70 ccf per 1000 sf................$1.98/100 c.f. Rate tiers will be adjusted monthly to reflect seasonal use variations. e. Agricultural Use: 0-16 ccf per 1,000 sf per year, allocation by month, plus 9 ccf per month, per dwelling unit ....... $O.S7/100 c.:. 17 - 32 ccf per 1,000 sf per year plus 9 ccf per month, per dwelling unit.................$1.23/100 C.f. Over 32 ccf per 1,000 sf per year plus 18 ccf per month, per dwelling unit ................$1.98/100 a.f. (Rate tiers will be adjusted monthly to reflect seasonal variations.) f. Construction, Temporary Use, Private Fire Line ................................... $1.23/100 c.f. g. Non -potable Irrigation Use ..............$0.57/100 c.f. II. BIMONTHLY SERVICE CHARGES fEfiective Auau5t 2;' 1932) a. Residential, Commercial, Industrial, Landscaping, Agricultural: 5/8" meter .................................... $ 11.30 1" meter ...................................... $ 11.30 lZmeter ...................................... $ 17.00 2" meter ...................................... $ 28.30 3" meter ...................................... $ 56.70 4" meter ...................................... $113.30 6" meter ...................................... $226.70 8" meter ...................................... $340.00 Mobilehome Park - per space ................... $ 1.13 b. Private Fire Line* ............................ $ 56.70 * Inc_udes Comiina_-on __re Line/Domestic meters CAPISTRANO VALLEY WATER DISTRICT SCHEDULE OF RATES AND CHARGES Effective July 15, 1992 as Amended Page Three C. Temporary Water Service, no meter (Jumper) .... $ 11.30 III. SECURITY DEPOSIT PER METER a. Residential, Commercial, Industrial, Landscaping, Mobilehome Park, Agricultural ................. $ 50.00 b. Construction, Temporary Use, Private Fire Line ..................................... $ 500.00 IV. METER CHARGES a. Mete: Installation 5/811 .......................................... $200.00 1" ............................................ $275.00 1"n ........................................... S350.00 2" ............................................ $450.00 IV. METER CHARGES (Continued) b. Meter Test .................................... $ 25.00 C. Reconnection (after non-payment) .............. $ 50.00 d. Service Restoral (after non-payment ........... $ 15.00 e. Turn-On,'Turn-Off (normal business hours) ...... $ 10.00 f. Turn-On/Turn-off (after business hours) ....... $ 20.00 g. Meter Rental, Construction and Temporary Use..................................... $ 1.13/dav h. Meter Set -Up and Each Move .................... $ 25.00 Construction and Temporary Use V. DEVELOPMENT CHARGES a. Water Capacay Charge $769,900 per cfs of maximum day demand b. Capital Improvement Charge 1. Per dwelling unit or per meter whichever is greater ............. $ 1,629.00 2. Per mobile home space ................. $ 814.50 3. $1.30 per square foot of building area for commercial and industrial N_niman per meter ................ $ 1,629.00 s • CAPISTRANO VALLEY WATER DISTRICT SCHEDULE OF RATES AND CHARGES Effective July 15, 1992 as Amended Page Four 4. $10.00 per agricultural acre Minimum per meter ................ $ 1,629.00 C. Storage Charge 1. In a zone - per dwelling unit or per meter, whichever is greater ................. $ 52.75 2. Not in a zone - per dwelling unit or per meter, whichever is greater ......... $ 100.00 3. Per mobilehome space .................... $ 26.50 4. Commercial and Industrial per square foot of building area .................. $ 0.08 d. Plan Check and Insvection Fee 620 of the estimated cost cf improvements e. Preliminary Processing Fee, Tract & Parcel Map ............................... $ 200.00 VI. MISCELLANEOUS CHARGES a. "Will Serve" Letter ............................ $ 50.00 b. Completion Date Extension ...................... $ 50.00 1.Bad Check Charge ............................... $ 10.00 d. Late Payment (based on total water billing) ......... 8% e. Code Enforcement (per violation) ............... $ 20.00 f. Water Theft Fine .............................. $500.00 g. District Plans & Specifications ................ $ 10.00 h. Labor, Materials, Equipment, and other charges not specified herein ................................Set by General Manaaer * * * ALL FEES SUBJECT TO CHANGE * * * PLEASE CONTACT DISTRICT FOR CURRENT INFORMATION 7-1592RT.CHG PACIFIC POINT PARTNERS, L.P. 2280 UNIVERSITY DRIVE, SUITE 207 NEWPORT BEACH, CA 92660 TEL. (714) 631-4270 • FAX (714) 631-4202 May 8,1997 Ray Auerbach Capistrano Valley Water District 32450 Paseo Adelanto San Juan Capistrano. CA 92675 re: Pacific Point/Assignment of Water Facilities Construction and Service Agreement Dear Ray: Enclosed is a proposed form for the Assignment of Water Facilities Construction and Service Agreement relating to the Pacific Point project. As the name of the entity that will be the ultimate purchaser of the project is presently unknown, it is not possible to enter the name of the Assignee. In the past, however, it has been possible to get water districts to approve the form of the Assignment in advance and authorize the General Manager to insert the name of the ultimate purchaser and then to sign the consent on behalf of the District. Please review this document and call me if you have any questions. Thank you for your cooperation in this matter. Sincerely, (�ScWes Michaeer for PACIFIC POI PARTNERS, L.P. ASSIGNMENT OF WATER FACILITIES CONSTRUCTION AND SERVICE AGREEMENT THIS ASSIGNMENT OF WATER FACILITIES CONSTRUCTION AND SERVICE AGREEMENT ("Assignment"), is entered into as of the _ day of 1997, by and between (i) Pacific Point Partners, L.P., a California limited partnership ("Assignor"), (ii) , a ("Assignee"), and (iii) the Capistrano Valley Water District ("District"). RECITALS A. Pursuant to that certain Agreement for Purchase and Sale of Real Property and Escrow Instructions by and between Assignor, as Seller, and CWC, Inc., a California corporation ("CWC"), as Buyer, dated as of February 25, 1997, as amended by that certain First Amendment to Purchase and Sale Agreement and Escrow Instructions, dated as of March 31, 1997 (the "Purchase Agreement"), Assignor has agreed to sell to CWC that certain real property located in the City of San Juan Capistrano, County of Orange, State of California, which real property is more particularly described in Exhibit "A". attached hereto and incorporated herein by this reference (the "Pacific Point Project"). B. Assignor, as Owner, entered into that certain Water Facilities Construction and Service Agreement for the Pacific Point Project, dated effective as of November 3, 1992 (the "Water Facilities Agreement") with the District, which Water Facilities Agreement affects the Pacific Point Project. C. Pursuant to the Purchase Agreement, Assignor is to assign all of Assignor's rights and obligations under the Water Facilities Agreement to CWC or an entity designated by CWC, and CWC or such entity so designated is to assume all of Assignor's rights and obligations under the Water Facilities Agreement from Assignor, as set forth hereinbelow. I). CWC has assigned all of its rights and obligations under the Purchase Agreement to the Assignee pursuant to an Assignment of Purchase Rights, dated 1997 (the "CWC Assignment"). E. Pursuant to the Water Facilities Agreement, an assignment of any portion of the Water Facilities Agreement must be pursuant to the assignment of all or a portion of the Pacific Point Project, and such assignment must be pursuant to the District's written consent. F. The parties now desire to enter into this Assignment upon such terms and conditions as are hereinafter set forth. NOW THEREFORE, with reference to the foregoing Recitals, in consideration of the mutual covenants herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor and Assignee hereby agree as follows: 1. Incorporation of Recitals. The parties hereby incorporate into the terms of this Assignment each and every one of the Recitals contained in paragraphs A through F, inclusive, above, as though fully set forth herein. 2. Assignment and Succession to Rights and Obligations. Assignor hereby absolutely and unconditionally assigns, conveys and transfers to Assignee, and Assignee hereby expressly and unconditionally accepts and assumes, all of Assignor's rights and obligations under the Water Facilities Agreement as and to the extent such rights and obligations arise following the Effective Date of this Assignment. 3. Consent to Assignment; Release. Pursuant to Section 14.3 of the Water Facilities Agreement, (i) District hereby consents to this Assignment by the Assignor of all of Assignor's rights and obligations under the Water Facilities Agreement and Assignee's assumption of such rights and obligations; and (ii) District hereby releases Assignor from the performance of the Assignor's obligations under the Water Facilities Agreement for which the time of performance has not yet occurred as of the Effective Date. 4. Representations and Warranties of Assignor. Assignor hereby represents and warrants to Assignee as follows: a. Assignor has the right, power, authority and capacity to execute, deliver and perform Assignor's obligations under this Assignment; and b. Assignor has not previously assigned or encumbered any of its rights or interests under the Water Facilities Agreement to any person or entity. 5. Close of Escrow Contingency. The parties hereby agree that a contin- gency to the effectiveness of this Assignment is that Assignor and Assignee complete the sale of the Pacific Point Project pursuant to the Purchase Agreement. The date of the close of the escrow thereunder shall be the "Effective Date" of this Assignment. If the escrow does not close, the parties agree that this Assignment shall be of no force or effect. 6. Notices. Assignor and District hereby agree that all future notices to the Developer (as that term is defined in the Water Facilities Agreement) pursuant to Section 14.6 of the Water Facilities Agreement shall be addressed as follows: fr] (Name of Assignee) c/o SunCal Companies 550 West Orangethorpe Placentia, California 92670 Attention: Mr. Bruce Elieff With copy to: Voss, Cook & Thel LLP 840 Newport Center Drive, Suite 700 Newport Beach, California 92660 Attention: Bruce V. Cook, Esq. 7. Miscellaneous. a. Interpretation: Governing Law. This Assignment shall be construed according to its fair meaning and as if prepared by both parties hereto. This Assignment shall be construed in accordance with laws of the State of California. Any action shall be brought in a court of competent jurisdiction located in Orange County, California. b. Attorneys' Fees. In the event of any dispute between the parties hereto or the institution of any action or proceeding to interpret or enforce this Assignment, or arising out of the subject matter of this Assignment or the transactions contemplated hereby, the prevailing party shall be entitled to recover its reasonable expenses, attorneys' fees and costs, including profes- sional or expert consultation or testimony and paralegal fees, both at trial and on any appeal and in any administrative proceeding. C. Authority and Capacity. Each of the persons signing this Assignment represents and warrants that he or she is authorized to execute and deliver this Assignment and that this Assignment will be binding upon the party for whom such person has signed, and that the signature of no other party or person is required in order to bind such party. Each person executing this Assignment on behalf of a corporation represents and warrants that he or she is duly authorized to execute and deliver this Assignment on behalf of such corporation in accordance with authority granted under the formation documents of such entity, and by a duly passed resolution of its Board of Directors, that all conditions to the exercise of such authority have been satisfied, and that this Assignment will be binding upon such entity in accordance with its terms. d. Execution in Counterparts. This Assignment may be executed in several counterparts, and all so executed shall constitute one agreement binding on all parties hereto, notwithstanding that all parties are not signatories to the original or the same counterpart. e. Titles and Captions. Titles and captions are for convenience only and shall not constitute a portion of this Assignment. As used in this Assignment, masculine, feminine or neuter gender and the singular or plural 3 number shall each be deemed to include the others wherever and whenever the context so dictates. IN WITNESS WHEREOF, the parties have executed this Assignment to be effective as of the Effective Date. "Assignor" Pacific Point Partners, L.P., a California limited partnership By: One Chestnut, Inc., a Delaware corporation, General Partner By: Its: "Assignee" a By: Its: "District" Capistrano Valley Water District By: Name: Its: ATTEST By: Name: District Clerk I HEREBY APPROVE the form and content of the foregoing of this Assignment this _ day of 1997. By: Name: Water District Counsel Exhibit "A" - Legal Description of the Pacific Point Project SU CAL/PACIFIC POIN PARTNERS/Documents/Assign of W.wv Facilities 11 0 ASSIGNMENT OF WATER FACILITIES CONSTRUCTION AND SERVICE AGREEMENT THIS ASSIGNMENT OF WATER FACILITIES CONSTRUCTION AND SERVICE AGREEMENT ("Assignment'), is entered into effective as of the "Effective Date' (as that term is defined below), by and between (i) Pacific Point Partners, L.P., a California limited partnership ("Assignor"), (ii) SJD Partners, Ltd., a California limited partnership ("Assignee"), and (iii) the Capistrano Valley Water District ("District'). RECITALS A. Pursuant to that certain Agreement for Purchase and Sale of Real Property and Escrow Instructions by and between Assignor, as Seller, and CWC, Inc., a California corporation ("CWC'), as Buyer, dated as of February 25, 1997, as amended by that certain First Amendment to Purchase and Sale Agreement and Escrow Instructions, dated as of March 31, 1997 (the "Purchase Agreement'), Assignor has agreed to sell to CWC that certain real property located in the City of San Juan Capistrano, County of Orange, State of California, which real property is more particularly described in Exhibit "A", attached hereto and incorporated herein by this reference (the "Pacific Point Project'). B. Assignor, as Owner, entered into that certain Water Facilities Construction and Service Agreement for the Pacific Point Project, dated effective as of November 3, 1992 (the "Water Facilities Agreement') with the District, which Water Facilities Agreement affects the Pacific Point Project. C. Pursuant to the Purchase Agreement, Assignor is to assign all of Assignor's rights and obligations under the Water Facilities Agreement to CWC or an entity designated by CWC, and CWC or such entity so designated is to assume all of Assignor's rights and obligations under the Water Facilities Agreement from Assignor, as set forth hereinbelow. D. CWC has assigned all of its rights and obligations under the Purchase Agreement to the Assignee pursuant to an Assignment of Purchase Rights, effective as of the Effective Date (the "CWC Assignment"). E. Pursuant to the Water Facilities Agreement, an assignment of any portion of the Water Facilities Agreement must be pursuant to the assignment of all or a portion of the Pacific Point Project, and such assignment must be pursuant to the Districts written consent. F. The parties now desire to enter into this Assignment upon such terms and conditions as are hereinafter set forth. NOW THEREFORE, with reference to the foregoing Recitals, in consideration of the mutual covenants herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor and Assignee hereby agree as follows: 1. Incorporation of Recitals. The parties hereby incorporate into the terms of this Assignment each and every one of the Recitals contained in paragraphs A through F, inclusive, above, as though fully set forth herein. 2. Assignment and Succession to Rights and Obligations. Assignor hereby absolutely and unconditionally assigns, conveys and transfers to Assignee, and Assignee hereby expressly and unconditionally accepts and assumes, all of Assignor's rights and obligations under the Water Facilities Agreement as and to the extent such rights and obligations arise following the Effective Date of this Assignment. 3. Consent to Assignment: Release. Pursuant to Section 14.3 of the Water Facilities Agreement, (i) District hereby consents to this Assignment by the Assignor of all of Assignor's rights and obligations under the Water Facilities Agreement and Assignee's assumption of such rights and obligations; and (ii) District hereby releases Assignor from the performance of the Assignor's obligations under the Water Facilities Agreement for which the time of performance has not yet occurred as of the Effective Date. 4. Representations and Warranties of Assignor. Assignor hereby represents and warrants to Assignee as follows: a. Assignor has the right, power, authority and capacity to execute, deliver and perform Assignor's obligations under this Assignment; and b. Assignor has not previously assigned or encumbered any of its rights or interests under the Water Facilities Agreement to any person or entity. 5. Close of Escrow Contingency. The parties hereby agree that a contin- gency to the effectiveness of this Assignment is that Assignor and Assignee complete the sale of the Pacific Point Project pursuant to the Purchase Agreement. The date of the close of the escrow thereunder shall be the "Effective Date' of this Assignment. If the escrow does not close, the parties agree that this Assignment shall be of no force or effect. 6. Notices. Assignor and District hereby agree that all future notices to the Developer (as that term is defined in the Water Facilities Agreement) pursuant to Section 14.6 of the Water Facilities Agreement shall be addressed as follows: 2 SJD Partners, Ltd. c/o SunCal Companies 550 West Orangethorpe Placentia, California 92670 Attention: Mr. Bruce Elieff With copy to: Voss, Cook & Thel LLP 840 Newport Center Drive, Suite 700 Newport Beach, California 92660 Attention: Bruce V. Cook, Esq. 7. Miscellaneous. a. Inte retation: Governing Law. This Assignment shall be construed according to its fair meaning and as if prepared by both parties hereto. This Assignment shall be construed in accordance with laws of the State of California. Any action shall be brought in a court of competent jurisdiction located in Orange County, California. b. Attorneys' Fees. In the event of any dispute between the parties hereto or the institution of any action or proceeding to interpret or enforce this Assignment, or arising out of the subject matter of this Assignment or the transactions contemplated hereby, the prevailing party shall be entitled to recover its reasonable expenses, attorneys' fees and costs, including profes- sional or expert consultation or testimony and paralegal fees, both at trial and on any appeal and in any administrative proceeding. C. Authority and Capacity. Each of the persons signing this Assignment represents and warrants that he or she is authorized to execute and deliver this Assignment and that this Assignment will be binding upon the party for whom such person has signed, and that the signature of no other party or person is required in order to bind such party. Each person executing this Assignment on behalf of a corporation represents and warrants that he or she is duly authorized to execute and deliver this Assignment on behalf of such corporation in accordance with authority granted under the formation documents of such entity, and by a duly passed resolution of its Board of Directors, that all conditions to the exercise of such authority have been satisfied, and that this Assignment will be binding upon such entity in accordance with its terms. d. Execution in Counterparts. This Assignment may be executed in several counterparts, and all so executed shall constitute one agreement binding on all parties hereto, notwithstanding that all parties are not signatories to the original or the same counterpart. e. Titles and Captions. Titles and captions are for convenience only and shall not constitute a portion of this Assignment. As used in this Assignment, masculine, feminine or neuter gender and the singular or plural 3 0 number shall each be deemed to include the others wherever and whenever the context so dictates. IN WITNESS WHEREOF, the parties have executed this Assignment to be effective as of the Effective Date. "Assignor" Pacific Point Partners,-L.P.,;, — __........_-_-, .......... ...._......_.......- a California limited partnership By: One Chestnut, Inc., a Delaware corpofatiqp, General Partnr By/Lu�o��/u�y Its: I�i�s 61v-..% "Assignee" S� Dn a Ce lit- :-jMi keol VCXVAvleesh',lp gy: 53 D/L�evadepMerlt GCR.p.,.cF�'• ca¢p By: Its: c�ee,1 ?,A. W-+ vie 12 - "District" Capistrano Valley WXajer District By: Name:a uor6a7 Its: GpAeral ATTEST: c - By: �CsTi Name: G X*w District Clerk I HEREBY APPROVE the form and content of the foregoing of this Assignment this iP day of 1997. 4 By - Name: -7 Cc> N 2 . SHA W W er District Counsel Exhibit "A" - Legal Description of the Pacific Point Project SING L/r4CMc roam P uTNMR9/C�/A. a W. F. ho 4 0 0 THE LAND REFERRED TO IS DESCRIBED AS FOLLOWS: THOSE PORTIONS OF LOTS 5 AND 8, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 4, PAGE 15 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL A: PARCEL A-1: BEGINNING AT THE INTERSECTION OF THE NORTHEASTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED AS PARCEL 8, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, IN THE DEED RECORDED OCTOBER 6, 1930 IN BOOK428, PAGE 75 OF OFFICIAL RECORDS, WITH THE CENTERLINE OF THE CALIFORNIA STATE HIGHWAY (100 FEET WIDE), AS DESCRIBED IN THE QUITCLAIM DEED RECORDED DECEMBER 29, 1944 IN BOOK 1287, PAGE 462 OF OFFICIAL RECORDS; THENCE FROM SAID POINT OF BEGINNING, SOUTH 64 DEGREES 06 MINUTES 40 SECONDS EAST ALONG SAID NORTHEASTERLY LINE, 947.49 FEET TO A POINT; THENCE SOUTH 25 DEGREES 53 MINUTES 20 SECONDS WEST 380.84 FEET TO A POINT; THENCE NORTH 76 DEGREES 24 MINUTES 40 SECONDS WEST 663.39 FEET TO A POINT, THENCE SOUTH 47 DEGREES 34 MINUTES 20 SECONDS WEST 119.84 FEET TO A POINT; THENCE NORTH 20 DEGREES 44 MINUTES WEST 432.01 FEET TO A POINT IN THE CENTERLINE OF SAID CALIFORNIA STATE HIGHWAY; THENCE NORTH 35 DEGREES 49 MINUTES O2 SECONDS EAST ALONG SAID CENTERLINE, 341.93 FEET TO THE POINT OF BEGINNING, BEING A PORTION OF LOT 8 AS SHOWN ON A LICENSED SURVEYOR'S MAP FILED IN BOOK 4, PAGE 15 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. EXCEPTING THEREFROM THAT PORTION LYING NORTHWESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE MOST SOUTHERLY CORNER OF THE LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED JUNE 13, 1967 IN BOOK 8277, PAGE 568 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY LINE OF SAID LAND, TO ITS INTERSECTION WITH THE SOUTHEASTERLY LINE OF THE LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED MAY 16, 1958 IN BOOK 4287, PAGE 239 OF OFFICIAL RECORDS; THENCE NORTHEASTERLY ALONG SAID LAST MENTIONED SOUTHEASTERLY LINE, TO THE INTERSECTION WITH THE NORTHEASTERLY LINE OF THE ABOVE DESCRIBED LAND. PARCEL A-2: BEGINNING AT A POINT WHICH BEARS SOUTH 64 DEGREES 06 MINUTES 40 SECONDS EAST (RECORD SOUTH 64 DEGREES 03 MINUTES 45 SECONDS EAST) 947.49 FEET FROM THE INTERSECTION OF THE NORTHEASTERLY LINE OF A CERTAIN PARCEL OF LAND DESCRIBED AS PARCEL 8 IN THE DEED RECORDED OCTOBER 6, 1930 IN BOOK 428, PAGE 75 OF OFFICIAL RECORDS, WITH THE CENTERLINE OF THE CALIFORNIA.STATE HIGHWAY (100 FEET WIDE), AS DESCRIBED IN THE QUITCLAIM DEED RECORDED DECEMBER 29, 1944 IN BOOK 1287, PAGE 462 OF OFFICIAL RECORDS, SAID POINT OF BEGINNING BEING THE MOST EASTERLY CORNER OF THE LAND DESCRIBED IN PARCEL A-1 HEREIN; THENCE FROM SAID POINT OF BEGINNING, SOUTH 25 DEGREES 53 MINUTES 20 SECONDS WEST 380.84 Exhibit A - page 1 FEET; THENCE SOUTH 76 DEGREES 24 MINUTES 40 SECONDS -EAST 504.26 FEET; THENCE SOUTH 25 DEGREES 51 MINUTES 40 SECONDS EAST 222.39 FEET; THENCE SOUTH 5 DEGREES 07 MINUTES 40 SECONDS EAST 1629.59 FEET TO A POINT IN THE EASTERLY LINE OF LOT 8 AS SHOWN ON A LICENSED SURVEYOR'S MAP FILED IN BOOK 4, PAGE 15 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA; THENCE NORTH 22 DEGREES 45 MINUTES EAST 1810.42 FEET TO THE MOST EASTERLY CORENR OF SAID LOT 8; THENCE NORTH 64 DEGREES 06 MINUTES 40 SECONDS WEST (RECORD NORTH 64 DEGREES 03 MINUTES 45 SECONDS WEST) 1407.90 FEET TO THE POINT OF BEGINNING. PARCEL A-3: BEGINNING AT THE INTERSECTION OF THE NORTHEASTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED AS PARCEL 8, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, IN THE DEED RECORDED OCTOBER 6, 1930 IN BOOK 428, PAGE 75 OF OFFICIAL RECORDS, WITH THE CENTERLINE OF THE CALIFORNIA STATE HIGHWAY (100 FEET WIDE), AS DESCRIBED IN THE QUITCLAIM DEED RECORDED DECEMBER 29, 1944 IN BOOK 1287, PAGE 462 OF OFFICIAL RECORDS; THENCE FROM SAID POINT OF BEGINNING, NORTH 35 DEGREES 49 MINUTES 02 SECONDS EAST ALONG THE CENTERLINE OF THE CALIFORNIA STATE HIGHWAY, 295.04 FEET TO A POINT NORTH 54 DEGREES 19 MINUTES 50 SECONDS WEST OF THE MOST WESTERLY CORNER OF THE 37.10 ACRE PARCEL OF LAND DESCRIBED AS PARCEL 1 IN THE DEED DATED NOVEMBER 12, 1947 FROM MARCO F. FORSTER AND WIFE, TO ROSENBAUM RANCHO CO., RECORDED DECEMBER 30, 1941 IN BOOK 1613, PAGE 219 OF OFFICIAL RECORDS; THENCE SOUTH 54 DEGREES 19 MINUTES 50 SECONDS EAST 427.04 FEET; THENCE NORTH 81 DEGREES 10 MINUTES EAST 385.20 FEET; THENCE NORTH 35 DEGREES 02 MINUTES 20 SECONDS EAST 497.17 FEET; THENCE SOUTH 22 DEGREES 03 MINUTES 10 SECONDS EAST 1386.08 FEET; THENCE NORTH 64 DEGREES 06 MINUTES 40 SECONDS WEST (RECORD NORTH 84 DEGREES 03 MINUTES 45 SECONDS WEST) 1896.49 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM, ALL THAT PORTION OF SAID LAND LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE, BEING THE EASTERLY LINE OF THE LAND DESCRIBED IN A DEED TO THE STATE OF CALIFORNIA, RECORDED MAY 10, 1958 IN BOOK 4287, PAGE 239 OF OFFICIAL RECORDS. BEGINNING AT THE INTERSECTION OF THE SOUTHWESTERLY LINE OF THE LAND ABOVE DESCRIBED, WITH THE EASTERLY LINE OF SAID LAND TO THE STATE OF CALIFORNIA; THENCE NORTH 14 DEGREES 00 MINUTES 59 SECONDS EAST ALONG SAID EASTERLY LINE OF THE STATE OF CALIFORNIA, TO AN ANGLE POINT THEREIN; THENCE NORTH 35 DEGREES 49 MINUTES 02 SECONDS EAST ALONG SAID EASTERLY LINE, TO THE INTERSECTION OF SAID EASTERLY LINE WITH THE NORTHEASTERLY LINE OF SAID LAND ABOVE DESCRIBED. PARCEL A-4: BEGINNING AT THE MOST EASTERLY .CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED RECORDED MAY 16, 1958 IN BOOK 4287, PAGE 239, OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE SOUTH 36 DEGREES 37 MINUTES 34 SECONDS WEST ALONG THAT CERTAIN COURSE DESCRIBED IN SAID DEED AS HAVING A LENGTH OF 70.25 FEET, A DISTANCE OF 70.25 FEET; THENCE NORTHERLY IN A DIRECT LINE TO THE SOUTHERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS •SOUTH 14 DEGREES 49 MINUTES 31 SECONDS WEST, 64.42 FEET' IN A DEED FROM THE STATE OF CALIFORNIA, TO NOFIE FAMULARO AND OTHERS, RECORDED IN BOOK 6501, PAGE 603 OF SAID OFFICIAL RECORDS; SAID POINT BEING IN THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO A. E. FARLEY BY DEED RECORDED IN BOOK 2153, PAGE 539 OF SAID OFFICIAL RECORDS; THENCE ALONG SAID SOUTHWESTERLY LINE, SOUTH 53 DEGREES 31 MINUTES 18 SECONDS EAST 28.07 FEET TO THE POINT OF BEGINNING. Exhibit A - page 2 • 0 EXCEPTING THEREFROM, ALL MINERALS, OIL, GASES AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, NOT OTHERWISE EXCEPTED, THAT MAY BE WITHIN OR UNDER THE PARCEL OF LAND HEREINABOVE DESCRIBED; WITHOUT, HOWEVER, THE RIGHT TO DRILL, DIG OR MINE THROUGH THE SURFACE THEREOF. ALSO EXCEPTING THEREFROM, ALL MINERALS, OILS, GASES AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, NOT OTHERWISE EXCEPTED, THAT MAY BE WITHIN OR UNDER THE PARCEL OF LAND HEREINABOVE DESCRIBED; WITHOUT, HOWEVER, THE RIGHT TO DRILL, DIG OR MINE THROUGH THE SURFACE THEREOF, SUBJECT TO THE EXCEPTION AND RESERVATION OF ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES IN AND UNDER SAID LAND BELOW A DEPTH OF 100 FEET, MEASURED VERTICALLY FROM THE SURFACE OF SAID LAND, TOGETHER WITH THE RIGHT TO SLANT DRILL FOR THE PURPOSE OF PRODUCING, SAVING AND SELLING THE SAME, AS RESERVED IN THE DEED FROM THE STATE OF CALIFORNIA, RECORDED AUGUST 6, 1963 IN BOOK 6663, PAGE 408 OF OFFICIAL RECORDS. PARCEL B: THAT PORTION OF LOT 8, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS 914OWN ON A MAP FILED IN BOOK 4, PAGE 15 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTHEASTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED AS PARCEL 8 IN THE DEED RECORDED OCTOBER 6, 1930 IN BOOK 428, PAGE 75 OF OFFICIAL RECORDS, WITH THE CENTERLINE OF THE CALIFORNIA STATE HIGHWAY (100.00 FEET WIDE), AS DESCRIBED IN THE QUITCLAIM DEED RECORDED DECEMBER 19, 1944 IN BOOK 1287, PAGE 462 OF OFFICIAL RECORDS; THENCE SOUTH 35 DEGREES 49 MINUTES 02 SECONDS WEST ALONG THE CENTERLINE OF SAID HIGHWAY, 341.93 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTH 20 DEGREES 44 MINUTES EAST 432.01 FEET; THENCE SOUTH 10 DEGREES 26 MINUTES 40 SECONDS EAST 251.43 FEET; THENCE SOUTH 21 DEGREES 29 MINUTES 20 SECONDS WEST 634.52 FEET; THENCE SOUTH 59 DEGREES 19 MINUTES 20 SECONDS EAST 1185.00 FEET; THENCE NORTH 49 DEGREES 59 MINUTES 20 SECONDS EAST 706.11 FEET; THENCE SOUTH 05 DEGREES 07 MINUTES 40 SECONDS EAST 1032.12 FEET; THENCE SOUTH 22 DEGREES 45 MINUTES WEST 233.36 FEET; THENCE SOUTH 74 DEGREES 20 MINUTES WEST 617.11 FEET; THENCE SOUTH 62 DEGREES 30 MINUTES 45 SECONDS WEST 1127.52 FEET; THENCE SOUTH 61 DEGREES 04 MINUTES WEST 1300.17 FEET; THENCE SOUTH 76 DEGREES WEST 755.38 FEET TO A POINT IN THE EASTERLY LINE OF THE CALIFORNIA STATE HIGHWAY; THENCE NORTH 05 DEGREES 01 MINUTE 30 SECONDS EAST ALONG SAID LINE OF SAID HIGHWAY, 238 FEET, MORE OR LESS, TO THE INTERSECTION WITH THE EASTERLY LINE OF SAID PRYOR HOMESTEAD; THENCE ALONG SAID EASTERLY LINE OF SAID PRYOR HOMESTEAD, NORTH 27 DEGREES 53 MINUTES 30 SECONDS EAST 89.98 FEET; THENCE NORTH 05 DEGREES 30 MINUTES EAST 1047.16 FEET; THENCE NORTH 13 DEGREES 32 MINUTES EAST 431.67 FEET TO THE INTERSECTION OF SAID PRYOR HOMESTEAD WITH THE CENTERLINE OF SAID CALIFORNIA STATE HIGHWAY; THENCE NORTHERLY ALONG SAID CENTERLINE, ALONG A CURVE THEREOF, 382.72 FEET TO THE NORTHERLY END OF SAID CURVE; THENCE CONTINUING ALONG THE CENTERLINE OF SAID HIGHWAY, NORTH 38 DEGREES 54 MINUTES EAST 1565.30 FEET TO ENGINEER'S STATION 454+71.88 THEREOF; THENCE CONTINUING NORTHERLY ALONG THE CENTERLINE OF SAID HIGHWAY, ALONG A CURVE THEREOF, 218.17 FEET TO THE NORTHERLY END OF SAID CURVE AT ENGINEER'S STATION 456+90.05; THENCE CONTINUING ALONG THE CENTERLINE OF SAID HIGHWAY, NORTH 26 DEGREES 24 MINUTES EAST 710.97 FEET TO ENGINEER'S STATION 464+01.02; THENCE SOUTHEASTERLY TO THE TRUE POINT OF BEGINNING. Exhibit A - page 3 EXCEPTING THEREFROM, THE FOLLOWING PARCELS OF LAND: (A) BEGINNING AT A POINT IN THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED AS PARCEL 1 IN DEED FROM MARCO F. FORSTER AND ELIZABETH F'ORSTER TO WENDELL K. MC CRACKEN AND HELEN V. MC CRACKEN, RECORDED IN BOOK 1603, PAGE 298 OF OFFICIAL RECORDS, RECORDS OF ORANGE COUNTY, CALIFORNIA, SAID POINT BEING SOUTH 59 DEGREES 19 MINUTES 20 SECONDS EAST 459.10 FEET FROM THE MOST WESTERLY CORNER THEREOF; THENCE SOUTH 59 DEGREES 19 MINUTES 20 SECONDS EAST 257.58 FEET; THENCE SOUTH 2 DEGREES 38 MINUTES 20 SECONDS WEST 208.06 FEET; THENCE SOUTH 17 DEGREES 51 MINUTES 20 SECONDS WEST 182.71 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 150 FEET AND A CENTRAL ANGLE OF 54 DEGREES 00 MINUTES 40 SECONDS; THENCE IN A SOUTHWESTERLY DIRECTION ALONG THE ARC OF THE ABOVE MENTIONED CURVE, 141.40 FEET; THENCE SOUTH 71 DEGREES 52 MINUTES 00 SECONDS WEST 239.97 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS OF 300 FEET AND A CENTRAL ANGLE OF 23 DEGREES 07 MINUTES 54 SECONDS; THENCE IN A WESTERLY DIRECTION ALONG THE ARC OF THE ABOVE MENTIONED CURVE, 121.12 FEET; THENCE 14ORTH 85 DEGREES 00 MINUTES 06 SECONDS WEST 401.33 FEET; THENCE NORTH 73 DEGREES 30 MINUTES 02 SECONDS WEST 16.62 FEET; THENCE NORTH 39 DEGREES 15 MINUTES 40 SECONDS EAST 1039.24 FEET TO THE POINT OF BEGINNING. (B) BEGINNING AT THE INTERSECTION OF THE NORTHEASTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED AS PARCEL 8 IN THE DEED RECORDED OCTOBER 6, 1930 IN BOOK 428, PAGE 75 OF OFFICIAL RECORDS, WITH THE CENTERLINE OF THE CALIFORNIA STATE HIGHWAY (100 FEET WIDE), AS DESCRIBED IN A QUITCLAIM DEED RECORDED DECEMBER 29, 1944 IN BOOK, 1287, PAGE 462 OF OFFICIAL RECORDS; THENCE SOUTH 35 DEGREES 49 MINUTES 02 SECONDS WEST 341.93 FEET; THENCE SOUTH 20 DEGREES 44 MINUTES EAST 432.01 FEET; THENCE SOUTH 10 DEGREES 26 MINUTES 40 SECONDS EAST 251.43 FEET; THENCE SOUTH 21 DEGREES 29 MINUTES 20 SECONDS WEST 634.52 FEET; THENCE SOUTH 27 DEGREES 59 MINUTES 50 SECONDS WEST 586.56 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A CENTRAL ANGLE OF 11 DEGREES 47 MINUTES AND A RADIUS OF 400 FEET; THENCE IN A SOUTHWESTERLY DIRECTION, ALONG THE ARC OF THE ABOVE MENTIONED CURVE, 82.26 FEET; THENCE SOUTH 39 DEGREES 46 MINUTES 50 SECONDS WEST 162.53 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A CENTRAL ANGLE OF 28 DEGREES 16 MINUTES 50 SECONDS AND A RADIUS OF 200 FEET; THENCE SOUTHWESTERLY AND SOUTHERLY ALONG THE ARC OF THE LAST MENTIONED CURVE, 98.72 FEET; THENCE SOUTH ii DEGREES 30 MINUTES 00 SECONDS WEST 136.18 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A. CENTRAL ANGLE OF 85 DEGREES 00 MINUTES 02 SECONDS AND A RADIUS OF 100 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF THE LAST MENTIONED CURVE, 148.35 FEET; THENCE SOUTH 73 DEGREES 30 MINUTES 02 SECONDS EAST 74.0.1 FEET TO A POINT, SAID POINT BEING THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED LAND; THENCE FROM SAID TRUE POINT OF BEGINNING, SOUTH 73 DEGREES 30 MINUTES 02 SECONDS EAST 71.67 FEET; THENCE SOUTH 85 DEGREES 00 MINUTES 06 SECONDS EAST 200.15 FEET; THENCE SOUTH 40 DEGREES 17 MINUTES 40 SECONDS EAST 158.73 FEET; THENCE SOUTH 3 DEGREES 04 MINUTES 20 SECONDS.WEST 149.85 FEET; THENCE SOUTH 51 DEGREES 07 MINUTES 20 SECONDS WEST 146.40 FEET; THENCE SOUTH 63 DEGREES 12 MINUTES 20 SECONDS WEST 69.65 FEET; THENCE SOUTH 83 DEGREES 07 MINUTES 20 SECONDS WEST 127.60 FEET; THENCE NORTH 71 DEGREES 47 MINUTES 40 SECONDS WEST 110.65 FEET; THENCE NORTH 1 DEGREE 22 MINUTES 20 SECONDS EAST 251.90 FEET; THENCE NORTH 13 DEGREES 42 MINUTES 10 SECONDS EAST 165.39 FEET TO THE TRUE POINT OF BEGINNING. (C) BEGINNING AT A POINT WHICH BEARS SOUTH 49 DEGREES 59 MINUTES 20 SECONDS WEST 706.11 FEET, AND THENCE NORTH 59'DEGREES 19 MINUTES 20 SECONDS WEST 167.89 FEET FROM THE MOST EASTERLY CORNER OF PARCEL 1 OF THE LAND DESCRIBED IN Exhibit A -page Al 0 0 THE DEED TO WENDELL K. MC CRACKEN AND OTHERS, RECORDED DECEMBER 30, 1947 IN BOOK 1603, PAGE 298 OF OFFICIAL RECORDS; RUNNING THENCE FROM SAID POINT OF BEGINNING, NORTH 59 DEGREES 19 MINUTES 20 SECONDS WEST 301.23 FEET; THENCE SOUTH 2 DEGREES 38 MINUTES 20 SECONDS WEST 208.06 FEET; THENCE SOUTH 17 DEGREES 21 MINUTES 40 SECONDS EAST 153.30 FEET; THENCE NORTH 17 DEGREES 51 MINUTES 20 SECONDS EAST 29.42 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE EAST, HAVING A CENTERLINE RADIUS OF 150.00 FEET, AND CENTRAL ANGLE OF 36 DEGREES 48 MINUTES 30 SECONDS; THENCE IN A NORTHERLY DIRECTION, ALONG THE ARC OF THE ABOVE MENTIONED CURVE, 96.36 FEET; THENCE NORTH 54 DEGREES 39 MINUTES 50 SECONDS EAST 91.28 FEET; THENCE NORTH 62 DEGREES 38 MINUTES 20 SECONDS EAST 93.90 FEET TO THE POINT OF BEGINNING. (D) COMMENCING AT THE INTERSECTION OF THE NORTHEASTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN PARCEL 8 IN THE DEED RECORDED OCTOBER 6, 1930 IN BOOK 428, PAGE 75 OF OFFICIAL RECORDS IN SAID OFFICE, (ALSO BEING THE NORTHEASTERLY LINE OF SAID LOT 8), WITH THE CENTERLINE OF THE CALIFORNIA STATE HIGHWAY (100 FEET WIDE), AS DESCRIBED IN DEED RECORDED IN BOOK 1298, PAGE 372 OF SAID OFFICIAL RECORDS; THENCE ALONG SAID CENTERLINE, SOUTH 36 DEGREES 37 MINUTES 34 SECONDS WEST 341.93 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTH 19 DEGREES 55 MINUTES 28 SECONDS EAST 134.41 FEET; THENCE SOUTH 56 DEGREES 33 MINUTES 06 SECONDS WEST 9.71 FEET; THENCE NORTH 53 DEGREES 22 MINUTES 26 SECONDS WEST 30.00 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT SOUTHEASTERLY 79.00 FEET, MEASURED AT RIGHT ANGLES FROM SAID CENTERLINE, SAID POINT BEING OPPOSITE ENGINEER'S STATION 461+46.90; THENCE ALONG SAID PARALLEL LINE, SOUTH 36 DEGREES 37 MINUTES 34 SECONDS WEST 1500.00 FEET TO A POINT OPPOSITE ENGINEER'S STATION 446+46.90 OF SAID CENTERLINE; THENCE LEAVING SAID PARALLEL LINE, SOUTH 31 DEGREES 19 MINUTES 36 SECONDS WEST 1018.78 FEET; THENCE SOUTH 16 DEGREES 55 MINUTES 16 SECONDS WEST 137.47 FEET; THENCE SOUTH 53 DEGREES 28 MINUTES 47 SECONDS EAST 467.53 FEET; THENCE SOUTH 15 DEGREES 38 MINUTES 32 SECONDS WEST 259.62 FEET.; THENCE SOUTH 47 DEGREES 28 MINUTES 28 SECONDS WEST 685.78 FEET; THENCE SOUTH 5 DEGREES 15 MINUTES 42 SECONDS WEST 380.21 FEET; THENCE SOUTH 33 DEGREES 25 MINUTES 42 SECONDS EAST 350.49 FEET TO A POINT ON THE LINE DESCRIBED IN DEED TO MARCO F. FORSTER AND ELIZABETH J. FORSTER, RECORDED IN BOOK 856, PAGE 70 OF SAID OFFICIAL RECORDS, AS HAVING A BEARING SOUTH 76 DEGREES WEST, DISTANT EASTERLY 515.82 FEET FROM THE WESTERLY TERMINUS OF SAID LINE; THENCE ALONG SAID LINE, SOUTH 76 DEGREES 48 MINUTES 32 SECONDS WEST 515.82 FEET TO A POINT IN THE EASTERLY LINE OF THE CALIFORNIA STATE HIGHWAY, AS SHOWN ON SAID MAP; THENCE ALONG SAID EASTERLY LINE, NORTH 5 DEGREES 50 MINUTES 02 SECONDS EAST 238.00 FEET, MORE OR LESS, TO THE INTERSECTION WITH THE EASTERLY LINE OF THE PRYOR HOMESTEAD, AS DESCRIBED IN DECREE RECORDED IN BOOK 7, PAGE 31 OF HOMESTEADS IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA; THENCE ALONG SAID EASTERLY LINE OF SAID PRYdk HOMESTEAD, IN A GENERAL NORTHERLY DIRECTION TO THE INTERSECTION OF SAID EASTERLY LINE WITH THE CENTERLINE OF THE CALIFORNIA STATE HIGHWAY, AS SHOWN ON SAID MAP; THENCE IN A GENERAL NORTHEASTERLY DIRECTION, ALONG SAID LAST MENTIONED CENTERLINE TO ENGINEER'S STATION 464+01.02; THENCE SOUTHEASTERLY TO THE POINT OF BEGINNING. (E) COMMENCING AT THE MOST SOUTHERLY CORNER OF PARCEL 13, AS SHOWN ON THE RECORD OF SURVEY MAP RECORDED IN BOOK 49, PAGE 24 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA; THENCE NORTH 59 DEGREES 19 MINUTES 20 SECONDS WEST 167.89 FEET ALONG THE SOUTHWESTERLY BOUNDARY OF SAID PARCEL 13; THENCE SOUTH 1 DEGREE 09 MINUTES 20 SECONDS EAST 133.47 FEET; THENCE SOUTH 29 DEGREES 54 MINUTES 20 SECONDS EAST 114.93 FEET; THENCE NORTH 79 DEGREES 42 MINUTES 40 SECONDS EAST 62.64 FEET; THENCE NORTH 9 DEGREES 03 MINUTES 50 SECONDS WEST 70.39 FEET; THENCE NORTH 26 DEGREES 54 Exhibit A - page 5 MINUTES 40 SECONDS EAST 74.81 FEET TO THE POINT OF BEGINNING. (F) BEGINNING AT THE NORTHEASTERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED IN BOOK 4248, PAGE 286, OFFICIAL RECORDS, IN SAID OFFICE, AS HAVING A BEARING AND DISTANCE OF 'SOUTH 31 DEGREES 19 MINUTES 36 SECONDS WEST, 1018.78 FEET'; THENCE ALONG SAID CERTAIN COURSE, SOUTH 31 DEGREES 19 MINUTES 36 SECONDS WEST 100.43 FEET; THENCE NORTH 39 DEGREES 54 MINUTES 08 SECONDS EAST 100.16 FEET; THENCE NORTH 38 DEGREES 03 MINUTES 30 SECONDS EAST 200.06 FEET; THENCE NORTH 35 DEGREES 11 MINUTES 38 SECONDS EAST 400.12 FEET; THENCE NORTH 36 DEGREES 37 MINUTES 34 SECONDS EAST 359.76 FEET TO THE EASTERLY LINE OF A 60.00 -FOOT STRIP OF LAND AS DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED IN BOOK 281, PAGE 243 OF DEEDS IN SAID OFFICE; THENCE ALONG SAID EASTERLY LINE NORTH 27.DEGREES 12 MINUTES 32 SECONDS EAST 61.11 FEET TO THAT' CERTAIN COURSE DESCRIBED IN FIRST MENTIONED DEED AS HAVING A BEARING AND DISTANCE OF 'SOUTH 36 DEGREES 37 MINUTES 34 SECONDS WEST, 1500.00 FEET'; THENCE ALONG LAST MENTIONED CERTAIN COURSE, SOUTH 36 DEGREES 37 MINUTES 34 SECONDS WEST 1020.05 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN THE LAND CONVEYED IN SAID DEED TO THE STATE OF CALIFORNIA, RECORDED IN BOOK 4800, PAGE 195, OFFICIAL RECORDS. (G) BEGINNING AT A POINT IN SAID CERTAIN COURSE DESCRIBED IN PARCEL (F) ABOVE AS HAVING A DISTANCE OF 1018.78 FEET, DISTANT THEREON NORTH 31 DEGREES 19 MINUTES 36 SECONDS EAST 96.42 FEET FROM THE SOUTHWESTERLY TERMINUS OF.SAID LAST MENTIONED CERTAIN COURSE; THENCE NORTH 38 DEGREES 37 MINUTES 52 SECONDS EAST 193.79 FEET; THENCE NORTH 16 DEGREES 39 MINUTES 26 SECONDS EAST 97.29 FEET TO SAID LAST MENTIONED CERTAIN COURSE; THENCE ALONG SAID LAST MENTIONED CERTAIN COURSE, SOUTH 31 DEGREES 19 MINUTES 36 SECONDS WEST 286.34 FEET TO THE POINT OF BEGINNING. (H) BEGINNING AT THE NORTHWESTERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED IN SAID DEED RECORDED IN SAID BOOK 4248, PAGE 286, AS HAVING A BEARING AND - DISTANCE OF 'SOUTH 33 DEGREES 25 MINUTES 42 SECONDS EAST, 350.49 FEET'; THENCE ALONG SAID LAST MENTIONED CERTAIN COURSE. SOUTH 33 DEGREES 25 MINUTES 42 SECONDS EAST 27.40 FEET; THENCE NORTH 4 DEGREES 41 MINUTES 55 SECONDS EAST 218.15 FEET; THENCE NORTH 3 DEGREES 44 MINUTES 43 SECONDS WEST 95.73 FEET TO A POINT IN THAT CERTAIN COURSE DESCRIBED IN LAST SAID DEED AS HAVING A BEARING AND DISTANCE OF 'SOUTH 5 DEGREES 15 MINUTES 42 SECONDS WEST, 380.21 FEET'; DISTANT THEREON NORTH 5 DEGREES 15 MINUTES 42 SECONDS EAST 291.29 FEET FROM THE POINT OF BEGINNING; THENCE ALONG SAID LAST MENTIONED CERTAIN COURSE, SOUTH 5 DEGREES 15 MINUTES 42 SECONDS WEST 291.29 FEET TO THE POINT OF BEGINNING. (I) THAT PORTION OF SAID LAND CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED AUGUST 30, 1971 IN BOOK 9782, PAGE 185, OFFICIAL RECORDS. (.1) THAT PORTION OF SAID LAND CONVEYED TO .FERRY W. NEELY AND NANCY C. NEELY, HUSBAND AND WIFE, BY DEED RECORDED OCTOBER 20, 1977 IN BOOK 12423, PAGE 126, OFFICIAL RECORDS. THE ABOVE DESCRIBED PARCELS OF LAND ARE SHOWN ON MAP RECORDED IN BOOK 103, PAGES 8 TO 12 INCLUSIVE OF RECORD OF SURVEY MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY. PARCEL C= Exhibit A - page 6 PAR: EI_ 2, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAF' FILED IN BOOK 153, PAGES 12 TO 14 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, CALIFORNIA. EXCEPTING THEREFROM, AN UNDIVIDED ONE-HALF INTEREST IN AND TO ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES IN, UPON AND UNDER SAID LAND, TOGETHER WITH ONE-HALF OF ALL RENTALS, ROYALTIES, BONUS PAYMENTS, AND OTHER THINGS OF VALUE, NOW OR HEREAFTER ACCRUING FROM SAID UNDIVIDED ONE-HALF' INTEREST IN AND TO SAID SUBSTANCES, AS RESERVED BY HOWARD L. KRUM AND FAY WILSON KRUM, HUSBAND AND WIFE, BY DEED RECORDED JUNE 6, 1956 IN BOOK 3538, PAGE 550, OFFICIAL RECORDS, AND RE-RECORDED JULY 20, 1956 IN BOOK 3584, PAGE 339, OFFICIAL RECORDS. PARCEL D: THAT PORTION OF LOTS 7 AND 13, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAF' FILED IN BOOK 4, PAGE 15 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE TRUE POINT OF BEGINNING DESCRIBED IN A DEED TO DARMI, INC., RECORDED JANUARY 9, 1962 AS INSTRUMENT NO. 5572, IN BOOK 5969, PAGE 672, OFFICIAL RECORDS OF SAID ORANGE COUNTY, SAID POINT OF BEGINNING BEING THE SOUTHERLY TERMINUS OF A COURSE DESCRIBED AS SOUTH 22 DEGREES 45'MINUTES 00 SECONDS WEST 2043.78 FEET IN SAID DEED, SAID POINT ALSO BEING AN ANGLE POINT IN THE NORTHERLY LINE OF SAID LOT 7; THENCE SOUTH 74 DEGREES 20 MINUTU 00 SECONDS WEST 617.11 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 13; THENCE SOUTH 62 DEGREES 30 MINUTES 45 SECONDS WEST 1127.52 FEET; THENCE SOUTH 61 DEGREES 04 MINUTES 00 SECONDS WEST 1300.17 FEET; THENCE SOUTH 76 DEGREES 00 MINUTES 00 SECONDS WEST 239.56 FEET TO THE NORTHEASTERLY CORNER OF THE LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED OCTOBER 19, 1955 IN BOOK 3250, PAGE 470, OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE ENTERING SAID LOT 13, ALONG THE BOUNDARY LINE OF THE LAND DESCRIBED IN SAID DEED. TO SAID STATE OF CALIFORNIA, SOUTH 34 DEGREES 14 MINUTES 14 SECONDS EAST 251.45 FEET; THENCE SOUTH 41 DEGREES 11 MINUTES 00 SECONDS EAST 438.72 FEET; THENCE SOUTH 25 DEGREES 30 MINUTES 17 SECONDS EAST 293.69 FEET, MORE OR LESS, TO A POINT IN THE LINE THAT IS THE MOST WESTERLY ANGLE POINT IN THE BOUNDARY OF LAND DEEDED TO DARMI, INC., A CALIFORNIA CORPORATION, IN DEED RECORDED JANUARY 9, 1962 AS INSTRUMENT NO. 5572, IN BOOK 5969, PAGE 672, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID DRMI, INC. BOUNDARY LINE, THE FOLLOWING COURSES AND DISTANCES: NORTH 78 DEGREES 00 MINUTES 00 SECONDS EAST 2200.00 FEET, AND NORTH 22 DEGREES 00 MINUTES 00 SECONDS EAST 1200.00 FEET; THENCE LEAVING SAID DARMI, INC. DEED LINE, NORTH 17 DEGREES 40 MINUTES 41 SECONDS WEST 637.14 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. EXCEPT THEREFROM THAT PORTION DESCRIBED IN THE DEED TO THE CITY OF SAN JUAN CAPISTRANO, RECORDED JULY 30, 1970 IN BOOK 9361, PAGE 34 OF OFFICIAL RECORDS. ALSO EXCEPT THEREFROM AN UNDIVIDED ONE-HALF INTEREST IN ALL THE OIL, GAS AND OTHER HYDROCARBON SUBSTANCES, IN, UPON AND UNDER SAID LAND, TOGETHER WITH THE INCOME ACCRUING THEREFROM, AS RESERVED BY HOWARD L. KRUM AND FAY WILSON KRUM, HUSBAND AND WIFE, BY DEED RECORDED JUNE 8, 1956 IN BOOK 3538, PAGE 550, OFFICIAL RECORDS, AND RE-RECORDED JULY 20, 1956 IN BOOK 3584, PAGE 339, OFFICIAL RECORDS. Exhibit A - page 7 TRACT NO. 14196 EXECUTED IN TRIPLICATE 0 BONDNO. SD00076875 PREMIUM: $1,962 KNOW ALSSL�1MpEppppNppBNNYEERRTS5HELLSTTEpp PRESENTS: Thetwre, LIMI%6TPARTAERSHIp A CALIFORNIA aS Pdndpal,and FRONTIER PACIFIC INSURANCE COMPANY Corporation, Created, organized, and wdsffnQ and by virtue of the lam Of the .State of _ CALIFORNIA dilly licensed to transact a general surety business in the Stele of California, as surety, are hell and firmly bound to the CAPISTRANO VALLEY WATER DISTRICT, State of California, in the sum of $ *** DOLLARS, lawful money of the Llnited Slates of America, to be paid to the said District for which payment wed and truly to be made we bind ourselves, our heirs, exacAors arW successors, Jointly and severally. *** TWO HUNDRED FORTY-FIVE THOUSAND THREE HUNDRED & NO/100 ($245,300.00) THE CONDITION OF THE FOREGOING 013UGATION is such that whereas the above bounden Principal has agreed to do aro perform the following, to -wit Construct and install all of the water facilities pursuant to Agreement for Construction of Water Facilities entered into on MAY 4 199q by and between CAPISTRANO VALLEY WATER DISTRICT, and SJD PARTNERS LTD. A CALIFORNIA LIMIT" Copy of which Is attached hereto and glade a par hereof. PARTNERSHIP 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 attorneys fees, incurred by Capistrano Valley Water District in successhtly enforcing such obligation, all to be taxed as costs and included in any Judgment rendered. 2. Said surely, for value received, hereby stipulates and agrees that no change, extenslon of tine, 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 CAPISTRANO VALLEY WATER DISTRICT faithfully and property perform all of the work described In said Agreement and in accordance with the plans and specifications approved for said work and shell pay all scans due for all damages; sufferad by said Disbtct by mason of faulty or defective work cur 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 District and principal, and guarantee all wort for a period of one year after acceptance in accordance with said Agreement, then, at the expiration of said guarantee period, this obligation shad be null and void; otherwise to remain In full force and effect. TRACT NO, 14196 DATE APRIL 29, 1999 BOND NO. SD00076875 IN WITNESS WHEREOF said Principal and Surety have caused this bond to be executed by their offices thereunto duty autltodzed this 29TH day of _ APRIL 1999 PRINCIPAL SJD PARTNERS TD., A LI IA LIMITED PARTNERSHIP (SEAL) By: ���/l// (SEAL) The premium on Das bond is fj 1,962.00 (Executed in Tdp"e) Title: P/^a"7 SURETY FR0!1 ER PA I N rCE COMPANY I. — � l —MohftIn F D.J. PICARD Mailing Address of Surety: _4250 EXECUTIVE SQUARE, SUITE 200 LA JOLLA, CA 92037 (8001238-2100 (619)452-2335 FAX Telephone/Fox NLxnbem STATE OF CALIFORNIA COUNTY OF ORANGE On 4/29/99 PERSONALLY APPEARED I SS. before me,BEATA A. D. J. PICARD personally known to me to be the persona) whose name(!() is/KM subscribed to the within instrument and acknowl- edged to me that he/dPj1WV executed the same in his/ CBfX authorized capacity(iVs), and that by his/KW &ft signature" on the instrument the personp , or the entity upon behalf of which the persong) acted, executed the instrument. WITNESS my hand and official seal. Signature il/ m A • Stv� OPTIONAL NOTARY PUBLIC • :K:MR SENSI33739 �`� •� � CALIFORNIA iej '"° 11NTV ;2pr. 1t, 2001 �i �.N..�S This area for Oficial Nolarial Seal 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 ❑ INDIVIDUAL ❑ CORPORATE OFFICER TME(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL FXQ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NP E OF PERSOIJ(S) OR EWJI (IES) FRONTIER PACIFIC INSURANCE COMPANY DESCRIPTION OF ATTACHED DOCUMENT BOND TITLE OR TYPE OF DOCUMENT 2 NUMBER OF PAGES 4/29/99 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 1D-081 We .6/94 ALL-PURPOSE ACKNOWLEDGEMENT =ROMT/ER =- -- INSURANCE COMPANY (a California Company) 4250 Executive Square, Suite 200, La Jolla, California 92037 POWER OF ATTORNEY Snow Aff'Men 4324 V^ ryCSZ (Presents: That FRONTIER PACIFIC INSURANCE COMPANY, a California Corporation, having its principal office in La Jolla, California, pursuant to the following resolution, adopted by the Board of Directors of the Corporation on the 15th day of November, 1991. "RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attorneys -in - Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business; "RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seat shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof; "RESOLVED, that any such Attomey-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof, said date to be not later than the date of delivery thereof by such Attorney -in -Fact." This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE, CONSTITUTE AND APPOINT: TODD M. ROHM D.J. PICARD CATHY S. KENNEDY BEATA A. SENSI Oranqe California of , in the State of its true and lawful Attorney(s)-in-Fact with full power and authonly hereby conferred In its name, place and stead to sign, execute, acknowledge and deliver in its behalf, and as its act and deed, without power of redelegation, as follows: Bonds guaranteeing the fidelity of persons holding places of public or private trust, guaranteeing the performance of contracts other than insurance policies; and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed; INAN AMOUNT NOTTO EXCEED SIX HUNDRED FIFTY THOUSAND ($650,000.00) DOLLARS; and to bind FRONTIER PACIFIC INSUR- ANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of FRONTIER PACIFIC INSURANCE COMPANY, and all the acts of said Attorney(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed Vice President and its Cereo.F FRONTIER Corporate seal to be AaffC IFI h sSURAgI�fi COMPA day of a Jo�fali� 6 has caused this Power of Attorney to b 19gnedog its FRONTIER PACIFIC INSURANCE COMPANY ¢Yr? OPPPP+i Cf= - O5 z 4JV9n}$o �_ s STATE OF CALIFORNIA) " COUNTY OF September 14, 1998 BY: DAVID E. CAMPBELL, Vice President On before me, N. Ortiz, personally appeared David E. Campbell, personally known to me or proved to me on the basis of satisfactory evidence 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(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal 1 •• Signature of Notary Public I, the undersigned, Joseph P. Loughlin, Secretary of FRONTIER PACIFIC INSURANCE COMPANY, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Joseph P. Loughlin, Secretary, and affixed the Corporate Seal of the Corporation this 29TH day of APRIL 10 99 I•�%J////�/J_////f �/J/' JPPw+ =`,v\mn"; Joseph P. Loughlin, Secretary FM 19 -50028 -FP (11M) ,TRAdT NO. 14196 �_ SOND N0. 076875 PREMIUM: $1,962 EXECUTED IN TRIPLICATE KNOW ALL MEN BY THESE PRESENTS: Thet we, L I M I TNTPAR AERSH I P A CALIFORNIA aS PrinCIpal, $IW FRONTIER PACIFIC INSURANCE COMPANY Corporation, treated, Organized, and existing W d by virtue of the taws of the State of CAL I FORN 1 A duty licensed to vensed a general surety business in the State of CalNomia, as surety, are hold and firmly bound to the CAPISTRANO VALLEY WATER DISTRICT, State of Caltromia, in the sum of $ `* DOLLARS, lawful money of the LhhRed Suras of America, to be paid to the said Distrid for which payment well and bUy to be made we bind ourselves, our hobs, executors and successors, Jointly and severally. *** TWO HUNDRED FORTY-FIVE THOUSAND THREE HUNDRED & N0/100 ($245,300.00) THE CONDITION OF THE FOREGOING O13UGATION Is such that whereas the above bounden Principal has agreed to do and perform the following, tawiL• Construct and install all of the water facilities pursuant to Agreement for Construction of Water FacitiUes entered into on MAY 4 , 1991 by and between CAPISTRANO VALLEY WATER DISTRICT, and SJD PARTNERS, LTD., A CALIFORNIA LIMITkDa Copy of which IS attached hereto and made a part hereof. PARTNERSHIP 1. As a part of the obligation seamed hereby, and In addition to the face. amount Specified, there shall be inrJuded costs and reasonable expenses and fees, Including reasonable attorneys fees, incurred by Capistrano Valley Water District in successluity enforcing such obligation, all to be taxed as costs end included in any Judgment rendered. 2. Said surety, for value received, hereby stipulates and agrees that no change. extension of time, aReration, or modification of the contract doaanents or of the work to be performed thereunder, $hall In any way affect Its obligations or this bond, and it does hereby waive notice of any such change, extension of Ume, alterations or modifications of the contract documents or of work to be Wormed thereunder. NOW. THEREFORE, the condition of this obligation Is such that If the bounden Principal shall, to the satisfaction of the CAPISTRANO VALLEY WATER DISTRICT faithfully and property perform alt 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 District by reason of faulty or defective work or the cerelesstless of negligence Of Said Principal aid for the completion Of any wOrK not S111WOCIONY On property performed in accordance with the Agreement between DWAd and Principal, and guarantee all work for a period of one year after ec oeptanoe In accordance with said Agreement, then, at the expiration of said guarantee period, this obligation shalt be null and void; Otherwise to remain in full force and efted. TRACT NO, 14196 DATE APRIL 29, 1999 BOND NO. SDO0076875 IN WITNESS WHEREOF wild PMdpal and Surety have caused this bond to be executed by their officers thereunto duly authorized this 29TH day of _ APRIL 1999 PRINCIPAL SJD PARTNERS, LTD A CALF LIMITED PARTNERSHIP (SSW W. Title: (SEAL) The premium on chis bond is S 1,962.00 (Executed in Triplicate) 2 SURELY FRONTIER P IC I RANCE COMPANY By'AtI/ Omeyln act D.J. PICARD Martrg Address of Surety: 4250 EXECUTIVE SQUARE, SUITE 200 LA JOLLA, CA 92037 (800238-2100 (619)452-2335 FAX Telephone/Fex Numbers STATE OF CALIFORNIA • • COUNTY OF ORANGE I SS. On 4/29/99 , before me,BEATA A. SENSI , NOTARY PUBLIC PERSONALLY APPEARED personally known to me ( D. J. PICARD to be the persona) whose name(K) is/KM subscribed to the within instrument and acknowl- edged to me that he/d0}(VX0V executed the same in his/ b(oc 10jX authorized capacity(iifs), and that by his/1flfdC/ signature" on the instrument the personf, or the entity upon behalf of which the personQt) acted, executed the instrument. WITNESS my hand and official seal. Signature // J OPTIONAL BEATAA• 5t:" COMM. y1t33739 3TARY PUBLIC • CALTM�� ORANGECOUN My cam. E w_ APc....Hi.... This area for Official Notarial Seal Though the data below is not required by law, h may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL © ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: N E OF PERSON(S) OR ENTRY(IES) FRONTIER PACIFIC INSURANCE COMPANY DESCRIPTION OF ATTACHED DOCUMENT BOND TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES 4/29/99 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE )D-081 lieu. 6/94 ALL-PURPOSE ACKNOWLEDGEMENT rZROMTEER a =FMC INSURANCE COMPANY (a California Company) 4250 Executive Square, Suite 200, La Jolla, California 92037 POWER OF ATTORNEY Snow Aff QN¢tt 4,;y Vgese 11resentS; That FRONTIER PACIFIC INSURANCE COMPANY, a California Corporation, having its principal office in La Jolla, California, pursuant to the following resolution, adopted by the Board of Directors of the Corporation on the 15th day of November, 1991. "RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attorneys -in - Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business; "RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof; "RESOLVED, that any such Attorney -in -Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof, said date to be not later than the date of delivery thereof by such Attorney -in -Fact." This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE, CONSTITUTE AND APPOINTTODD M. ROHM D.J. PICARD'. CATHY S. KENNEDY BEATA A. SENSI Orange California of , in the State of its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred in its name, place and stead to sign, execute, acknowledge and deliver in its behalf, and as its act and deed, without power of redelegation, as follows: Bonds guaranteeing the fidelity of persons holding places of public or private trust, guaranteeing the performance of contracts other than insurance policies; and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed; IN AN AMOUNT NOT TO EXCEED SIX HUNDRED FIFTY THOUSAND ($650,000.00) DOLLARS; and to bind FRONTIER PACIFIC INSUR- ANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of FRONTIER PACIFIC INSURANCE COMPANY, and all the acts of said Attorneys) -in -Fact pursuant to the authority herein given are hereby ratified and confirmed. Vice Presidenttand items Corrpof FRONte TIER be PaffACIFIC this SL I� COMPANYday of a JoNNIfiwa, has caused this Power of Attorney to b'ssignedA its FRONTIER PACIFIC INSURANCE COMPANY 02-1 re --Q P4r,4xM5Y91NC% J /��J r Z oVery�s� a / „oP : • BY: Y STATE OF CALIFORNIA) ,,,.` DAVID E. CAMPBELL, Vice President ""�••••�••^�• COUNTY OF SAN DIEGO) September 14, 1998 On before me, N. Ortiz, personally appeared David E. Campbell, personally known to me or proved to me on the basis of satisfactory evidence 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(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal N.ORIQ COmmblion N 1192702 N~ sat oho Cowl MIVComm.EFI I Aup42002 Signature of Notary Public I, the undersigned, Joseph P. Loughlin, Secretary of FRONTIER PACIFIC INSURANCE COMPANY, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Joseph P. Loughlin, Secretary, and affixed the Corporate Seal of the Corporation this 29TH day of APRIL + 10 99 �a�ePeoy� 4c^�. ml� W ?Jo y25= -�_ Joseph P. Loughlin, Secretary o, FM 19 5002B -FP (11/98) `TRACT NO. 14196 • EXECUTED IN TRIPLICATE KNOW ALL MEN BY THESE PRESENTS: BOND NO. &076875 PREMIUM: $1,962 That we, LIMI%BTPARTItERSHIP A CALIFORNIA aS Pdndp8l.9nd FRONTIER PACIFIC INSURANCE COMPANY Corporation, Created, organized. and exist 1tQ and by vktue of the laws of the state of CALIFORNIA duly licensed to transact a genend surety business in the State of California, as surety. are hell and army bound to the CAPISTRANO VALLEY WATER DISTRICT. State Of California, in the sum of $ *** DOLLARS, lawful money of the lhuled States of America. to be paid to the said Dlstdct for which payment well and in* to be made we bind ourselves, our heirs, executors and successors, Jointly and severally. *** TWO HUNDRED FORTY-FIVE THOUSAND THREE HUNDRED 8 NO/100 ($245,300.00) THE CONDITION OF THE FOREGOING OBLIGATION is such that whereas the above bounden Principal has agreed to do and perfomn the following, tawd: Construct and install all of the water facilities pursuant to Agreement for Construction of Water FacGfttes entered Into on MAY 4 . 1991 by and between CAPISTRANO VALLEY WATER DISTRICT, and SJD PARTNERS, LTD., A CALIFORNIA LIMITS copy of which Is attached hereto and made a pati hereof. PARTNERSHIP 9. 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 attomeys fees, Incurred by CapWano Valley Water District in successtuly 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 turn, alteration, or modification of the contract d00anents 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 themunder. NOW. THEREFORE, the Condition of this obligation Is such that If the bounden Principal shall, to the satisfaction of the CAPISTRANO VALLEY WATER DISTRICT fafthfulty and property 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 slams due for all damages suffered by said District by reason of faulty or defective work or the Carelessness or negligence of Said Principal and for the COnlplellon Of any work not satisfactorily or property performed in accordance with the Agreement between District and Principal, and guarantee all work for a period of one year after acceptance in accordance with said Agreement, then, at the expiretlon of said guarantee period, this obligation shag be null and volt; otherwise to remain in full force and effect. TRACT NO, 14196 DATE APRIL 29, 1999 BOND NO. SDO0076875 IN WITNESS WHEREOF sell Principal and Surety have caused this bored to be executed by their officers thereunto duly authorized this 29TH day of APRIL -1999 PRINCIPAL SJD PARTNERS A CALI ORNIA LIMITED PARTNERSHIP (SEAL) S ' Tille: (SEAL) The premium on this bond is S 1,962.00 (E..xecuied in Tdplleate) SURETYF7 C NS E COMPANY By: In act D.J. PICARD MalkV Arkiress of Surety: 4250 EXECUTIVE SQUARE, SUITE 200 LA JOLLA, CA 92037 (800)238-2100 (619)452-2335 FAX Telephone/Fox Numbers STATE OF CALIFORNIA • SS. COUNTY OF ORANGE On 4/29/99 before me,BEATA A. SENSI, NOTARY PERSONALLY APPEARED D. J. PICARD personally known to me to be the person%) whose name(K) is/MR subscribed to the within instrument and acknowl- edged to me that he/Tey( executed the same in his/ bMrjXD t authorized capacity(iKs), and that by his/14111x/ dift signature" on the instrument the person, or the entity upon behalf of which the persong) acted, executed the instrument. WITNESS my hand and official seal. Signature A, S OPTIONAL �• BEATAA. SENSII COMM. #1133739 v , _- NOTARY PU8LIC- CALIFORNIA ORANGE COUNTY My Comm. EMp. APC 14, 2001 This area for Oficial Notarial Seal 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 ❑ INDIVIDUAL ❑ CORPORATE OFFICER nne(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL XI ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITYQES) FRONTIER PACIFIC INSURANCE COMPANY DESCRIPTION OF ATTACHED DOCUMENT BOND TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES 4/29/99 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 10-081 Pe"_ 6/94 ALL-PURPOSE ACKNOWLEDGEMENT !Z/R0Nr1ZR - - ====- INSURANCE COMPANY (a California Company) 4250 Executive Square, Suite 200, La Jolla, California 92037 POWER OF ATTORNEY Know Diff (Men 43y VN Ijese (presents: That FRONTIER PACIFIC INSURANCE COMPANY, a California Corporation, having its principal office in La Jolla, California, pursuant to the following resolution, adopted by the Board of Directors of the Corporation on the 15th day of November, 1991. "RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attomeys-in- Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business; "RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof; "RESOLVED, that any such Attorney -in -Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof, said date to be not later than the date of delivery thereof by such Attorney -in -Fact." This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE, CONSTITUTE AND APPOINT: TODD M. ROHM D.J. PICARD CATHY S. KENNEDY BEATA A. SENSI Orange California of , in the State of its true and lawful Attorneys) -in -Fact with full power and authority hereby conferred in its name, place and stead to sign, execute, acknowledge and deliver in its behalf, and as its act and deed, without power of redelegation, as follows: Bonds guaranteeing the fidelity of persons holding places of public or private trust, guaranteeing the performance of contracts other than insurance policies; and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed; IN AN AMOUNT NOT TO EXCEED SIX HUNDRED FIFTY THOUSAND ($650,000.00) DOLLARS; and to bind FRONTIER PACIFIC INSUR- ANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of FRONTIER PACIFIC INSURANCE COMPANY, and all the acts of said Attorney(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed. 3n Witness 4Wfjereof FRONTIER PACIFIC INSURAtjIJE COMPANY of La JoNWMj9g, has caused this Power of Attorney to be signedN its Vice President and its Corporate seal to be affixed this day of FF��`1ee '19 FRONTIER PACIFIC INSURANCE COMPANY w `NP _4 iV 2S xsa 0_ STATE OF CALIFORNIA)f COUNTY OF SAN DIEGO) September 14, 1998 DAVID E. CAMPBELL, Vice President On before me, N. Ortiz, personally appeared David E. Campbell, personally known to me or proved to me on the basis of satisfactory evidence 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(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal K OM COmmidon M 11919pt Asa, DkW Coni AAy Catlrn. E1�Iter Aup 6, �2 Signature of Notary Public I, the undersigned, Joseph P. Loughlin, Secretary of FRONTIER PACIFIC INSURANCE COMPANY, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Joseph P. Loughlin, Secretary, and affixed the Corporate Seal of the Corporation this 29TH day of APRIL '19 99 l i V Joseph P. Loughlin, Secretary n_ a FM 19-50028-FP(11M) DATE IMMIDD YYVV) aco Rm CERTIFICAT F LIABILITY INSURAN OP ID S — SUNCALl 12/08/03 PRODUCER — THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO Union LTR 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 LIMITS Orange CA 92866 Phone: 714-516-2960 Fax: 714-516-2965 INSURERS AFFORDING COVERAGENAIC # INSURED INSURER A: Evanston Insurance Co an INSURER B: Hartford Casualty Ins. CO. EACH OCCURRENCE INSURER C. Hartford Fire Ins. Co an SJD PARTNERS, LTD D: 2392 Morse AvenueINSURER Irvine CA 92614 03GLP1003817 NSURER E' COVERAGES U LI WA,I , 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, Union LTR -Vu L NSRICY TYPE OF INSURANCE POLICY NUMBER DATEYMMIDDIYY FFECTIVE E IR ION PRATE MM/DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 A X COMMERCIAL GENERAL LIABILITY 03GLP1003817 12/05/03 12/05/04 PREMIsEs(EaocorDence) $ 50,000 CLAIMS MADE O OCCUR MED EXP (Any ane person) $ 5,000 PERSONAL B ADV INJURY $ 1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 1,000,000 POLICY X PET LOC B AUTOMOBILE LIABILITY ANY AUTO 72UECKF4276 04/04/03 04/04/04 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per Person) $ ALL OWNED AUTOS SCHEDULED AUTOS X X X BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS ti.. I r', -- I`/ i, PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ ANY AUTO �I 'I' -! L i.,t $ EXCESSNMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR E1 CLAIMS MADE --- j AGGREGATE 8 PUBLIC WORK $ $ DEDUCTIBLE i $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE- EA EMPLOYE $ OFFICER/MEMBER EXCLUDED? Hes, descnbe undo SPECIAL PROVISIONS Eelo E. L. DISEASE -POLICY LIMIT $ OTHER C Instl Fltr Spec Fm 72UUMIL7295 02/11/03 02/11/04 $10MM MAX $10MM OCCUR $1MM FLOOD LIMIT 1$100,000 DED FLOOD 1 1 $5000 DED SPEC FORM DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES I 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 CITY OF SAN JUAN CAPISTRANO CAPISTRANO VALLEY WATER DIST ATTN: CRAIG HARRIS 32400 PASEO ADELANTO SAN JUAN CAPISTRANO CA 92675 CAPISTR I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOf DATE THEREOF, THE ISSUING INSURER WILL ENBEAYBR*0 AIL *30 DAYSWRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949)493-1171 (949) 493-1053 (FAX) lvlvw. sanjuancapistrano. org November 4, 2003 SJD Partnership 5109 E. La Palma #D Anaheim, CA 92807 i MEMBERS OF THE CITY COUNCIL DIANE L BATHGATE JOHN S. GE -FF WATTHART JOESOTO DAVID M. SWERDLIN INTERIM CITY MANAGER PAMELAGIBSON RE: Compliance with Insurance Requirements — Improvement/Reimbursement Agreement for Tract 15658/TTM 14196/Water 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. ✓ Workers Compensation Certificate 12/05/03 Please submit updated documentation to the City of San Juan Capistrano, attention Clerk's office, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 by the above any questions, please contact me at (949) 443-6309. 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 City CERTIFICAT F LIABILITY qUOLAMMDD/YY)acoRv INSU 03'/18/03 PRODUCER lqqw THIS CERTIFICATE IS ISS, AS A MATTER OF INFORMATION ILTR SR ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Rohm Insurance Agency 26 Plaza Square, Suite 200 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE Orange CA 92866 Phone:714-516-2960 Fax:714-516-2965 INSURED INSURER A: Evanston Insurance Company INSURER B: Hartford Casualty Ins. Co. INSURER C: Hartford Fire Ins. Company SJD PARTNERS, LTD INSURERD: 5109 E. La Palma Ave., Ste D Anaheim CA 92807 INSURER E: 12/05/02 COVERAGES v �- 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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. ILTR SR TYPE OF INSURANCE POLICY NUMBER OY EFFECTIV DATE MWDDIYY EX RAT DATE MM/DDIVY LIMITS SAN JUAN CAPISTRANO CA 92675 GENERAL LIABILITY AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $1,000,000 A X I COMMERCIAL GENERAL LIABILITY 02GLP1003817 12/05/02 12/05/03 FFIRE DAMAGE (An, one fire) $ 50,000 CLAIMS MADE LX]OCCURMED EXP (Any one person) $ 5,000 PERSONAL B ADV INJURY $1,000,000 GENERAL AGGREGATE S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGO $1,000,000 POLICY X PRO LOC JECT $ AUTOMOBILE LIABILITY ANY AUTO 72UHCKF4276 04/04/03 04/04/04 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) BODILY INJURY $ (Per person) ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY $ (Per accident) X X HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ S $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LiABILiTY TORYLI MIT$ ER E.L. EACH ACCIDENT$ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT I $ OTHER C Instl Fltr Spec Fm 72UUMIL7295 02/11/03 02/11/04 $10MM MAX $10MM OCCUR $1MM FLOOD LIMIT $100,000 DED FLOOD $5000 DED SPEC FORM DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROMSIONS *EXCEPT 10 DAYS FOR NON PAYMENT OF PREMIUM CERTIFICATE HOLDER IS NAMED ADDITIONAL INSURED LIABILITY ONLY PER THE ATTACHED ENDORSEMENT. RE: PACIFIC POINT CERTIFICATE HOLDER I Y I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION CAPISTR SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF SAN JUAN CAPISTRANO DATE THEREOF,THE ISSUING INSURER WILL IHDGVORl"11 IL *30 DAYSWRITTEN CAPISTRANO VALLEY WATER DIST NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, �B/MLL ATTN: CRAIG HARRIS 32400 PASEO ADELANrO I AGENTS OR SAN JUAN CAPISTRANO CA 92675 RIPR 665 1^' AUTHORIZED REPRESENTATIVE ACORD 25.S (7/97) 1- 0 ©ACORD CORPORATION 1988 ACORD CERTIFICAT OF LIABILITY INSU C� OP ID S UNCALl DATE (MWDD/YY) 12/27/02 PRODUCER Rohm Ynsurance Agency 26, Plaz$ Square, Suite 200 Orange CA 92866 Phone:714-516-2960 Fax:714-516-2965 POLICY NUMBER THIS CERTIFICATE IS IS31WD AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED SJD PARTNERS, LTD 5109 E. La Palma Ave., Ste D Anaheim CA 92807 FA INSURERA: Evanston Insurance Company INSURER B: Hartford Casualty Ina. Co. INSURER C: Hartford Fire Ins. Company INSURER D: t --Y 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. TYPE OF INSURANCE POLICY NUMBER DATE MPOMY MIDOM' DATE MWDDm LIMITS FA GENERAL LIABILITY EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY 02GLP1003817 12/05/02 12/05/03 FIRE DAMAGE (Any one fire) $ 50,000 CLAIMS MADE X OCCUR MED EXP (Any one Person) $ 5,000 PERSONAL B ADV INJURY $1,000,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $1,000,000 17 POLICY X PRO JRO T n LOC $ AUTOMOSILE LUURLTIY ANY AUTO 72UECKF4276 04/04/02 04/04/03 CO BINEDU (EaCOMBINED SINGLE LIMIT $1, 000,000 BODILY INJURY $ (Per Person) X ALL OWNED AUTOS SCHEDULEDAUTOS X X HIRED AUTOS NON -OWNED AUTOS BODILY INJURY $ (Perac dent) PROPERTY DAMAGE $ (Per amident) GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ OTHERTHAN EA ACC $ ANY AUTO AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ S $ DEDUCTIBLE E RETENTION $Wu WORKERS COMPENSATION AND EMPLOYERS' LIABILITY In - TORY LIMITS ER E.L. EACH ACCIDENT $ E. L. DISEASE - EA EMPLOYEE $ j E.L. DISEASE -POLICY LIMIT $ OTHER C Instl Fltr Spec Fm 72UUMIL7295 02/11/02 02/11/03 $10MM MAX $10MM OCCUR $1MM FLOOD LIMIT $100,000 DED FLOOD $5000 DED SPEC FORM DESCRIPTION OF OPERATKINSILOCATDNSNEHICLESAE(CLUSIONS 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 CAPIS•TR SHOULD ANY OF THE ABOVE DESCRIBED POLICN?S BE CANCELL£D!E£ORE TNEEXP1It1111011 CITY OF SAN JUAN CAPISTRANO DATE THEREOF, THE ISSUING INSURER WILLLNDPAwoR1"%UUL *30 DAYSWRITTEN CAPISTRANO VALLEY WATER DIST NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, DVFPAIttlRE'Wl90S03MALL ATTN: CRAIG HARRIS 32400 PASEO ADELANTO SAN JUAN CAPISTRANO CA 92675 0 0 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 II) 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 • CERATE 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 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. 71 AUTHORIZED REPRESENTATNE 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 10265 [EFF -UI: Be f CERTIFICA10OF LIABILITY MMDDYY)4CORD 11i 1E2( UNOLl T/23/02 PRODUCER THIS CERTIFICATE IS ISSUEDAS A MATTER OF INFORMATION INSR LTR ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Rokw 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: Evanston Insurance Company INSURER B: Hartford Casualty Ins. Co. X. COIAMFPCIAL GFNFRAL LIABILITY INSURER C: SJD PARTNERS, LTD INSURER D: 5109 E. La Palma Ave., Ste D Anaheim CA 92807 INSURER E: CLAIMS MADE OCCUR 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. INSR LTR TYPE OF INSURANCE POLICY NUMBER DATE MMIDOM/ DATE MWDD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 A X. COIAMFPCIAL GFNFRAL LIABILITY 02GLP1003817 12/05/02 12/05/03 FIRE DAMAGE (Any one ere) $ 50,000 CLAIMS MADE OCCUR MED EXP (Any one person) $ 5,000 PERSONAL B ADV INJURY $ 1,000,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGO $ 1,000,000 POLICYFX PROECT LOC J B AUTOMOBILE LIABILITY ANVAUTO 72UECKF4276 04/04/02 04/04/03 COMBINED SINGLE LIMIT $1,000,000 (Eaacadent) BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X X X HIRED AUTOS NON -OWNED AUTOS BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGO $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION ANDTORY EMPLOYERS' LIABILITY LIMITS ER E.L. EACH ACCIDENT $ EMPLOYEE $ E -POLICY LIMIT $ OTHER FESE-EA CInstl Fltr Spec Fm 72UUMIL7295 02/11/02 02/11/03OMM MAX $10MM OCCUR $1MM FLOOD LIMIT $100,000 DED FLOOD 000 DED SPEC FORM DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES/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 j IRJVRLU�IRpVRLR LCIICR: \.MIYV CLLMIIVIY CAPISTR SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CAPISTRANO VALLEY WATER DATE THEREOF, THE ISSUING INSURER WILL ENBEAVOR40JML *30 DAYS WRITTEN DISTRICT NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, YYFFM1UYE-TQJX1 Q-6Hl lL ATTN: CRAIG HARRIS 32450 PASEOADELANTO SAN JUAN CAPISTRANO CA 92675 (7/97) 1988 E 0 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 II) 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 12/27/2002 10:28 FAX 714 516 2965 i ROHM Insurance Agency CE*ATE HOLDER COPY 004 STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 COMPRNSATION IN S U R A N C E FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE DECEMBER 27, 2002 GROUP: POLICY NUMBER: 1610210-2002 CERTIFICATE lb= 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 ADELANPO RE_ PACIFIC POINT SAN JUAN CAPISTRANO CA 92675 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 So 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 REPRESENYATNE 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 92907 SCIF 10265 renr In. r n i STATE COMPENSATION INSURANCE FUND OTHOLDER COPY SP P.O. BOX 807, SAN FRANCISCO,CA 94142-0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 12 -OS -2001 CAPISTRANO VALLEY WATER DISTRICT 32450 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 GROUP POLICY NUMBER: 1610210-2002 CERTIFICATE ID: 86 CERTIFICATE EXPIRES: 12-05-2003 12-05-2002/12-05-2003 JOB: TRACT X14185 (PACIFIC POINT) 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 ofinsurance 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 12-05-2002 IS ATTACHEDTOAND FORMS A PART OF THIS POLICY. - EMPLOYER C W L. INC 5109 E LA PALMA AVE STE D ANAHEIM CA 92807 0 OTHOLDER COPY STATE P.O. BOX 807, SAN FRANCISCO,CA 84142-0807 COai1PENSATION INSURANCE - FUN D CERTIFICATE SOF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 12-05-2001 GROUP: POLICY NUMBER: 1610210-2002 CERTIFICATE ID: 85 CERTIFICATE EXPIRES: 12-05-2003 12-05-2002/12-05-2003 CAPISTRANO VALLEY WATER DISTRICT JOB: 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. 71 1 � AUTHORIZED- REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000.00 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 12-05-2002 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER - CWC INC 5109 E LA PALMA AVE STE D', ANAHEIM CA 92807 SP 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) www.sanjuancapisirano. org December 3, 2002 SJD Partnership 5109 E. La Palma #D Anaheim, California 92807 erlOArrrDll (IT .10nU 1961 1776 MEMBERS OF THE CITY COUNCIL DIANE L BATHGATE COU.ENE CAMPBELL JOHN S. GELFF MAW HART DAND M. SWERDIJN CITY MANAGER GEORGESCARBOROUGH RE: Compliance with Insurance Requirements - Water Facilities for Tract 14196 The following insurance documents are due to expire: General Liability Certificate 12/5/2002 r (Listing the Capistrano Valley Water District as certificate holder) V General Liability Endorsement naming the Capistrano Valley Water District as additional insured. 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 December 19, 2002. If you have any questions, please contact me at (949) 443-6310. Sincerely, Dawn Schanderl Deputy City Clerk cc: Kathleen Springer Craig Harris 0 qVI VA, DRUG USE 1S San Juan Capistrano: Preserving the Past to Enhance the Future acv CERTIFIC EOF LIABILITY INSU NCS CSR CK DATE(MIWDDIYY) uNCALl 02/11/02 ItIODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ' LizONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Rohm Insurance Agency 26 Plaza Square, Suite 200 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE Orange CA. 92866 Phoie: 714-516-2960 Fax:714-516-2965 INSURED INSURER A: Evanston Insurance Company AUTHO EO R P SENTATIV INSURER B, Ins. Co. Of the State of PA SJD PARTNERS, LTD 5109 E. La Palma Ave., Ste D Anaheim CA 92807 INSURER C: Hartford Casualty Ins. Co. INSURER D: State Compensation Ins. Fund NSURER E: 01GLP1003817 COVERAGES T'k-ji -I-L-) 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. ILTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDD/YY POLICY EXPIRATION DATE MMIDDNY LIMITS SAN JUAN CAPISTRANO CA 92675 GENERAL LIABILITY AUTHO EO R P SENTATIV EACH OCCURRENCE $ 1,000,000 A X COMMERCIALGENERAL LIABILITY 01GLP1003817 12/05/01 12/05/02 FIRE DAMAGE (Any one fire) $ 50,000 CLAIMS MADE 7xOCCUR MED EXP (Any one person) $ 5,000 PERSONAL B ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $1,000,000 POLICY X PRO LOC JECT C AUTOMOBILE X LIABILITY ANY AUTO 72UECKF4276 04/04/01 04/04/02 COMBINEDaccident) GLE LIMIT $1,000,000 CO dent) BODILY INJURY $ (Per person) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY $ (Per accident) HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGO $ EXCESS LIABILITY EACH OCCURRENCE $5,000,000 B X OCCUR CLAIMS MADE 4201-8667 12/05/01 12/05/02 AGGREGATE $5,000,000 $ DEDUCTIBLE $ RETENTION $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 161021001 12/05/01 12/05/02 XTORY LIMITS I I ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE. EA EMPLOYEE $ 1, 000,000 E.L. DISEASE -POLICY LIMIT $1,000,000 OTHER C Instl Fltr Spec Fm 72UUMIL7295 02/11/02 02/11/03 $10MM MAX $10MM OCCUR $1MM FLOOD LIMIT $100,000 DED FLOOD $5000 DED SPEC FORM DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIE CLUSIONS 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 I Y I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION CAPISTR SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CAPISTRANO VALLEY WATER DATE THEREOF, THE ISSUING INSURER WILL4MRSAV01134MAIL *30 DAYSWRRTEN DISTRICT NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ATTN: CRAIG HARRIS 32450 PASEOADELANTO SAN JUAN CAPISTRANO CA 92675 uocscurenvvs AUTHO EO R P SENTATIV AGORD 25-5 (7/97) 0 OACORD CORPORATION 1988 ACQRD CERTIFIC E OF LIABILITY INSIOANCE; CSR CK DATE (MMD UNCALl 02/11/02 PRODUCER TYPE OF INSURANCE POLICY NUMBER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Rohm Insurance Agency 26 Plaza Square, Suite 200 FILE CITY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. OFFICE Orange CA 92866 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Phone:714-516-2960 Fax:714-516-2965 $1,000,000 INSURERS AFFORDING COVERAGE INSURED "- - INSURER A: Evanston Insurance Company FIRE DAMAGE (Any one fire) $ 50,000 INSURER B: Ina. Co. of the State of PA SJD PARTNERS, LTD AUTHO E RE ESENTATIVEK INSURER C: Hartford Casualty Ina. Co. INSURER D: State Compensation Ina. Fund 5109 E. La Palma Ave., Anaheim CA 92807 Ste D NSURER E: !l 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 MAV 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. INR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MWDDM POLICY EXPIRATION DATE MWDDM LIMITS CITY GENERAL LIABILITY OFFICE NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, EACH OCCURRENCE $1,000,000 A X COMMERCIAL GENERAL LIABILITY OJGLP1003817 12/05/01 12/05/02 FIRE DAMAGE (Any one fire) $ 50,000 CLAIMS MADE [�] OCCUR AUTHO E RE ESENTATIVEK MED EXP (Any one person) $ 5,000 PERSONAL S ADV INJURY $1,000,000 !l GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $1,000,000 POLICY X PRO LOC ECT C AUTOMOBILE X LIABILITY ANY AUTO 72UECKF4276 04/04/01 04/04/02 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OW NED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS LIABILITY EACH OCCURRENCE $5,000,000 $ X OCCUR CLAIMS MADE 4201-8667 12/05/01 12/05/02 AGGREGATE $5,000,000 $ DEDUCTIBLE $ RETENTION $ D WORKERS COMPENSATION AND EMPLOYERS'LIABILITY 161021001 12/05/01 12/055/02 X TORY LIMITS I ER E.L.EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $ 1, 000, 000 OTHER C Instl Fltr Spec Fm 72UUMIL7295 02/11/02 02/11/03 $10MM MAX $10MM OCCUR $1MM FLOOD LIMIT $100,000 DED FLOOD $5000 DED SPEC FORM DESCRIPTION OF OPERATIONSILOCATIONS EHICLEVFXCLUSIONS 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 I Y I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION ACORD 25-S (7197) c ACORD CORPORATION 1988 SANjUAN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF SAN JUAN CAPISTRANO DATE THEREOF, THE ISSUING INSURER WILL "'^eAVORZ&MAIL _DAYS WRITTEN CITY CLERKS OFFICE NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ATTN: DON SC.HANTERL 32450 PASEO ADELANTO SAN JUAN CAPISTRANO CA 92675 AUTHO E RE ESENTATIVEK !l ACORD 25-S (7197) c ACORD CORPORATION 1988 04/24/2002 15:01 FAX 714 516 2985 ROHM Insurance Agency Awk Am Im 004 ACORD CEI�TIFIC E OF LIABILITY INSU NCF COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE FOR THE POLICY PERIOO INDICATED. NOTWITHSTANDING CSR CX DATE (MM ODYILI UNCALI 04/04/02 PROD cER Rohm Insurance Agency 26 Plaza Square, Suite 200 Orange CA 92866 Phone: 714-516-2960 Fax:714-516-2965 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED SJD PARTNERS, LTD 5109 E. La Palma Ave., Ste D Anaheim CA 92807 INSURERA: Evanston Insurance Compare INSURER B: Ina. Co. of the State of PA INSURERC: Hartford Casualty Ina. Co. INSURFRD: State Compensation Ins. Fund NSURERE: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE FOR THE POLICY PERIOO INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OROTHER DOCUMENT WITH RESPECT TO W HICNnnS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY TME POLICIES DESCRIBED HEREIN 19 SUBJECT TO ALL THE TERMS, EROLUSIONS AND CONDITIONS OF SUCH - POUCIE9. AGGREGATE LW ITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. WSR LTR TYPE OF INSURANCE POLICY NUMBER DATE MM/DDIW DATE MMIDIWY) LN,BTB SAN JUAN CAPISTRANO CA 92615 GENERAL LIABILITY AUTHORMU iP i9 TATIVE EACH OCCURRENCE 31,000,000 A X COMMERCIAL GENERAL LIABILITY GLAIALSMADE ®OCCUR DIOLP1003817 12/05/01 12/OS/02 _ FIRE DAMAGE(Mycno fire S 50,000 MED ERP AMY me PIFirnl S 51000 PERSONAL B ADV INJURY 51,000,000 GENERAL ACHISEGATE s 2. OOO, OOO OEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMPIOP AGO $1,000,000 POLICYX ACT LOC C AUTOMOBILE LIABILITY ANY AUTO 720HCRP4276 04/04/02 04/04/03 COMEWED SINGLF LIMIT 511000,000 (EAe 9`Jl X ALL OWNED AUTOS SCHEDULEDAUTOS BODILY INJURY (pe, pey) f X X HIRED AUTOS NON4WNED AUTOS BODILY INJURY (Per BOHEFnI) 5 PROPERTY DAMAGE S (PP BCOBEN) GARAGE LIABILITY AUTO ONLY -6L ACCIDENT P OTHER THAN EA ACC f AUTO ONLY: AGO s ANYAUTO EACBSBLaMLITY EACH OCCURRENCE 55,000,000 8 X OCCUR 7CLAIMSMADE 4201-9667 12/05/01 12/05/02 AGGREGATE s5,000,000 S $ DEDUCTIBLE f RETENTION S D WORKERS COMPENSATION ANDX EMPLOYERS' LIABILITY 161021001 12/05/01 12/05/02 TORY LIMITS ER E.L. EACHAccIDENT sl, ODD, 000 E.L. DISEASE •FA EMPLOYE $1,000,000 E.L. DISEASE-FOLICYUMIT f1, 000, 000 muER C Intl Fltr Spec Fm 7200 L7295 02/11/02 02/11/03 $10NM NAX $10NN OCCUR SIM FLOOD LIMIT $100,000 DED FLOOD $5000 DED SPEC FORK DESCRIPTION OF OPERATIONSILOCATIDNSIVEHICLEyEJ(CLUSgHE ADDED BY ENDORSEMENTISPECDa PROVISIONS *EXCEPT 3.0 DAYS FOR NON PAYMENT OP PREMIUM CERTIFICATE HOLDER TS NAMED ADDITIONAL INSURED LIABILITY ONLY PER THE ATTACHED ENDORSENE'NT. RE: PACIFIC POINT CERTIFICATE HOLDER I Y I ADDITIONAL INSURED; INSURER LEITER: CANCELLATION CAPISTR SHOULD ANY OF THE ABOVE OESOMBED FDUCIES BE CANCELLED BEFORE THE EKFIRATION CAPISTRANO VALLEY NATER DATE THEREOF, THE BISUINO NNSURERMLL GNBEMW�L .+30 DAY3V/RRiEN DISTRICT NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEYT,06T-FMWA%**&a9SHM.i+ ATTNI CRAIG HARRIS 32450 PASEOADELANTO -MFOB..... o SAN JUAN CAPISTRANO CA 92615 AUTHORMU iP i9 TATIVE ACORD 25-317197) 1 VLCORD CORPORATION '1988 04/24/2002 15:01 FAX 714 516 2905 ROHM Insurance Agency zoos INSURED: SJD Partners, LTD 12/5/01 INSURANCE COMPANY: Evanston Insurance Company POLICY NUMBER: O l GLP 1003 S 17 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 E) 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 acow.: CERTIFICA OF LIABILITY INSU Cq OP ID S DATE IMMIDD1YY1 UNCALl 12/11/01 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 INSURED INSURER A: Evanston Insurance Company INSURER B: Ins. Co. of the State of PA X COMMERCIAL GENERAL LIABILITY INSURER C: Hartford Casualty Ins. Co. SJD PARTNERS, LTD INSURER D: Sta e Cion tion Ins. Fund 5109 E. La Palma Ave., Ste D Anaheim CA 92807-r-" T f 'T l _ INSURER E: ( f '. COVERAGES p 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 MAV 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. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIV DATE MM/DD/YY EXPIRATION DATE MM/DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY 01GLP1003817 12/05/01 12/05/02 FIRE DAMAGE (Any one fire) $ 50,000 CLAIMS MADE 1*1 OCCUR MED EXP (Any one person) $ 5,000 PERSONAL B ADV INJURY $1,000,000 jr'� GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGO $1,000,000 17 POLICY FX7 PROECT LOC J C AUTOMOBILE X LIABILITY ANY AUTO 72UECKF4276 04/04/01 04/04/02 CO GLE LIMIT g1,000,000 (EaCOMBIBIKED accident) BODILY INJURY $ (Per person) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY $ (Per accident) HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $5,000,000 $ X OCCUR CLAIMS MADE 4201-8667 12/05/01 12/05/02 AGGREGATE $ 5,000,000 b $ DEDUCTIBLE $ RETENTION $ D WORKERS COMPENSATION AND EMPLOVER$'LIABILITY 161021001 12/DS/D1 12/05/02 vv X TORY LIMITS ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASF - EA EMPI OVF "$1, 000, DDO E.L. DISEASE - POLICY LIMIT $1,000,000 OTHER C Instl Fltr Spec Fm 72UUMIL7295 02/11/01 02/11/02 $10MM MAX $10MM OCCUR $1MM FLOOD LIMIT $50,000 DED FLOOD $5000 DED SPEC FORM DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS *EXCEPT 10 DAYS FOR NON PAYMENT OF PREMIUM CERTIFICATE HOLDER IS NAMED ADDITIONAL INSURED GENERAL LIABILITY ONLY PER THE ATTACHED ENDORSEMENT. RE: TRACT 14196 (PACIFIC POINT) VCRIIrIVMIC nVLYCR I T I /WUI I IUNAL INJURED; INSURER LETTER:_ GAIYGCLLHI ILIN CAPISTR SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO+ DATE THEREOF, THE ISSUING INSURER WILL eveenae+rre MAIL *30 DAYS WRITTEN CAPISTRANO VALLEY WATER NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BI FFNbURETG 88 68 HALL DISTRICT 32450 PASEO ADELANTO ' SAN JUAN CAPISTRANO CA 92675 1>a+xlrk+illTAnVi0. ©ACORD 0 0 INSURED: SJD Partners, LTD 12/5/01 INSURANCE COMPANY: Evanston Insurance Company POLICY NUMBER: 01GLP1003817 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 II) 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 • • SP STATE P.O. BOX 807, SAN FRANCISCO,CA 94101-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE POLICY NUMBER: 1810210 - 01 ISSUE DATE: 12-05-01 CERTIFICATE EXPIRES: 12-05-02 CAPISTRANO VALLEY WATER DISTRICT JOB: TRACT #14185 32450 PASEO ADELANTO (PACIFIC POINT) 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. PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000.00 PER OCCURRENCE. ENDORSEMENT #2085 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 12/05/01 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER SUNCAL COMPANIES - BIDS E LA PALMA AVE STE 0 ANAHEIM CA 82807 LEGAL NAME CWCINC 11-20-01 PRINTED: c�a c rn rn CO C> r" 47 tzp 3 O LEGAL NAME CWCINC 11-20-01 PRINTED: STATE P.O. BOX 807, SAN FRANCISCO,CA 94101-0807 COMPENSATION INSURANCEIN F�U N D CERTIFICATE OF WORKERS' COMPENSATION INSURANCE POLICY NUMBER: 1810210 - 01 ISSUE DATE: 12-05-01 CERTIFICATE EXPIRES: 12-05-02 CAPISTRANO VALLEY WATER DISTRICT ATTN: NANCY SERNEY 32450 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 008: PACIFIC POINT 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. 2�L �PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: 81,000,000.00 PER OCCURRENCE. ENDORSEMENT 82065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 12/05/01 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER SUNCAL COMPANIES. 5109 E -LA PALMA AVE STE D ANAHEIM CA 92807 LEGALNAME CNC INC 11-20-01 SP C M `c n - ^- m r; c M m Z 3 O 11-20-01 SP 32400 PASEO ADELANTO SAN�JUAN CAPISTRANO, CA 92675 (949) A93-1171 (949) 493-1053 (FAX) www.stjnjuancapistrano.org November 27. 2001 SJD Partners, LTD MEMBERS OF THE CITY COUNCIL DIANE L. RATHGATE JOHN S. GEI.FF COLLENE CAMPBELL MATT HART DAVID M. SWERDLIN CITY MANAGER GEORGE SCARBOROUGH SECOND REQUEST 12- ! I Z i 0 I 5109 E. La Palma Avenue, Suite D (eo (" _ 1110102- Anaheim, 1O102Anaheim, California 92807 RE: Compliance with Insurance Requirements - Improvement/Reimbursement Agreement for Tract 15658/TTM 14196; Water Facilities Agreement to Serve Tract 14196 he following insurance documents are due to expire: V General Liability Certificate 12/5 Please name the City andater Dis ict as certificate holders V General Liability Endorsemnaming the City of San Juan Capistrano as well as the Capistrano V tl& Wa er District as additional insured. 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 dates. If you have any questions, please contact me at (949) 443-6310. Sincerely, Dawn M. Schanderl Deputy City Clerk cc: Sam Shoucair •A$a Q-- CERTIFICA OF LIABILITY INSUF NCgSR CK DATE (MMIDD/YY) UNCALl 04/02/01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ILTR ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Rohm Insurance Agency 26 Plaza Square, Suite 200 RECEIVED Orange CA 92866 Phone: 714-516-2960 Pax 4- 16 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED I INSURERA: Evanston Insurance Company INSURER B: Ins. Co. Of the State of PA C!TYLFtSR INSURER C: Hartford Casualty Ina. Co. SJD PARTNERS, LTD DEPARTMENT 5109 E. La Palma Ave. iBbS .UN Anaheim CA 92807 JUAN CAP.3TRANO INSURER D: 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. ILTR TYPE OF INSURANCE POLICY NUMBER POLICY II DATE MM/DD/YY P LI EXPIRATION DATE MM/DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 A X COMMERCIAL GENERAL LIABILITY OOGLP1003817 12/05/00 12/05/01 FIRE DAMAGE (Anyone fine) $ 50,000 CLAIMS MADE [X] OCCUR MED EXP (Any one Person) $ EXCLUDED PERSONAL B ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGO $1,000,000 17 POLICY FXJ JECaT 7 LOC C AUTOMOBILE X LIABILITY ANY AUTO 72UECXF4276 04/04/01 04/04/02 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULEDAUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON-OWNEDAUTOS PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGG $ EXCESS UABIUTY EACH OCCURRENCE $10,000,000 B X OCCUR CLAIMS MADE 42007504 12/05/00 12/05/01 AGGREGATE $10,000,000 $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LUUJILRY WO 3TLITMU ER E.L. EACH ACCIDENT $ C.L. C'SEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/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 f R,I�IG r1VLYCR j I AWLn I 1UNAL INoUKMU: INUKMK LCI ICK: VMIYV CLLXI IVR SANJDAN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOI CITY OF SAN JUAN CAPISTRANO DATE THEREOF, THE ISSUING INSURER WILL BHBGAVY NUJL *30 DAYSWRITTEN CITY CLERKS OFFICE NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, B1 LFALL,YRGieE000310RL ATTN: DON SCHANTERL 32450 PASEO ADELANTO OR SAN JUAN CAPISTRANO CA 92675 T- I c�Tr'/�wl w ACORD 1988 • 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) www. sanjuancapistrano. org March 25, 2001 SJD Partners 5109 E. La Palma Avenue, Suite D Anaheim, CA 92807 MEMBERS OF THE CITY COUNCIL DIANE L. BAT HGATE JOHNS. GELFF JOHN GREINER MATT HART DAVID M. SWEROLIN CITY MANAGER GEORGE SCARBOROUGH RE: Compliance with Insurance Requirements - Subdivision Improvement Agreement/Water Facilities Agreement. Tract 14196 The following insurance document is due to expire: Y Automobile Liability 4/4/01 Please have certificate issued in the name of the City and Capistrano Valley Water District 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 date. If you have any questions, please contact me at (949) 443-6308. Sincerely, " �" /'�W� • p I �� �Gl/IK �C/Ic Dawn M. Schanderl Acting City Clerk cc: Kathleen Springer, Public Works Craig Harris, Public Works DRUG USE IS San Juan Capistrano: Preserving the Past to Enhance the Future IORD C;ERTIFIC E QF DATEMMID (D ) LIABILITY INSU NCEs�,�l 12/06,99 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 131 No. Glassell, Suite 300 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Orange CA 92866 COMPANIES AFFORDING COVERAGE COMPANY PhoneNo. 714-516-2960 Fa.No. 714-516-2965 A Evanston Insurance Company INSURED COMPANY B Ins. Co. of the State of PA COMPANY SJD PARTNERS, LTD `--j- C Hartf Insurance Company 5109 E. La Palma Ave., Ste D Anaheim CA 92807 ' I e Id COMPANY - l l D-I.Frem -6'ompensation , COVERAGES THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MM/DD/YY) POLICY EXPIRATION DATE(MMIDO/YY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE $2,000,000 A X COMMERCIAL GENERAL LIABILITY 99GLP1003817 12/05199 12/05/00 PRODUCTS-COMP/OP AGO $1,000,000 CLAIMS MADE ®OCCUR PERSONAL& ADV INJURY $1,000,000 EACH OCCURRENCE $1,000,000 OWNERS B CONTRACTOR'S PROT FIRE DAMAGE (Any one fire) E 50,000 MED EXP (My one Person) SEXCLUDED AUTOMOBILE LIABILITY C X ANY AUTO 72UECKF4276 04/04/99 04/04/00 COMBINED SINGLE LIMIT $1,000,000 BODILY INJURY S (Per person) ALL OWNED AUTOS SCHEDULED AUTOS X X HIRED AUTOS NON -OWNED AUTOS BODILY INJURY $ (Per accEent) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S OTHER THAN AUTO ONLY: ANV AUTO EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE 510,000,000 AGGREGATE $10,000,000 BX UMBRELLA FORM 42996650 12/05/99 12/05/00 $ OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS'LIAPLLITY X I TORY LIM TS OER EL EACH ACCIDENT 51,000,000 D THE PROPRIETOR/ INCL -_PARTNERS/EXECUTNE WN9985296301 12/05/99 12/05/00 EL DISEASE -POLICY LIMIT $ 11000,000 EL DISEASE - EA EMPLOYEE 51,000,000 OFFICERS ARE: X EXCL OTHER DESCRIPTION OF OPERATIONS20CATIONSIVEHICLEWSPECIAL ITEMS *EXCEPT 10 DAYS FOR NON PAYMENT OF PREMIUM CERTIFICATE HOLDER IS NAMED ADDITIONAL INSURED LIABILITY ONLY PER THE ATTACHED ENDORSEMENT. RE: PACIFIC POINT CERTIRCATE:HOLDER ': CANCELLATION SANJDAN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF SAN JUAN CAPISTRANO EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENB6WBRMAIL CITY CLERKS OFFICE *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. ATTN: DON SCHANTERL 32450 PASEO ADELANTO OUT F', hbPRE TO MAW-SW.H#9W46E-SI Wit IMPOSE SAN JUAN CAPISTRANO CA 92675/Y, I" A0I!N`rS'OR`REPReSffNrA1TIn!ff � � Q)� AUTHORI ETIVE / r �.VWi�1 ACORD-.CORPORATION 1988'- 12/5/99 INSURED: SunCal Companies INSURANCE COMPANY: Evanston Insurance Company POLICY NUMBER: 99GLPI003817 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CITY OF SAN JUAN CAPISTRANO RE: PACIFIC POINT (If no entry appears above, information required to complete this endorsement will be shown in the Declaration as applicable to this endorsement.) WHO IS AN INSURED (Section I1) 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 and then only as respects any claim, loss or liability arising out of the operations of the Named Insured, and only if such claim, loss or liability is determined to be solely the negligence or responsibility of the Named Insured. ICO2250498 -ACOM CERTIFICW OF LIABILITY INSU NCgSR CXALl DATE(MWDD/YY) UNC12/07/00 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION INSR LTR 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: Evanston Insurance Company INSURER B: Ins, Co. Of the State of PA X COMMERCIALGENERALUABILITY INSURERC: Hartford Casualty Ins. Co. SJD PARTNERS, LTD INSURER D: 5109 E. La Palma Ave., Ste D Anaheim CA 92807 INSURER E: CLAIMS MADEFX] OCCUR 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. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFE TIVE DATE MM/DD/YY POLICY EXPIRATI N DATE MM/DD/YY LIMITS GENERAL LIABILITY ATTN: DON SCHANTERL EACH OCCURRENCE §1,000,000 A X COMMERCIALGENERALUABILITY OOGLP1003817 12/05/00 12/05/01 FIRE DAMAGE (Any one fire) $ 50,000 RFPRFccu+nrnmc CLAIMS MADEFX] OCCUR MED EXP (My one person) $EXCLUDED PERSONAL B ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $1,000,000 POLICY X PRO LOC JECT C AUTOMOBILE X LIABILITY ANY AUTO 72UECKF4276 04/04/00 04/04/01 COMBINED SINGLE LIMIT (Eaaccidant) $ 1,000,000 ALL OW NED AUTOS SCHEDULED AUTOS BODILY INJURY (Pef person) § HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Peracddent) $ PROPERTY DAMAGE $ (Paracddent) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHERTHAN Fit ACC $ ANY AUTO AUTO ONLY: AGO $ EXCESS LIABILITY EACH OCCURRENCE $10,000,000 B X I OCCUR CLAIMS MADE 42007504 12/05/00 12/05/01 AGGREGATE $10,000,000 § $ DEDUCTIBLE Is RETENTION § RKERS COMPENSATION AND WOEMPLOYERS' LIABILITY ATU TORY LIMITS ER JO E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPI OYEEI S E.L. DISEASE - POLICY LIMIT I $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNENICLEV/ CLUSIONS 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 I Y I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION zoa�(f/Bi) I ®ACORD CORPORATION 1988 SANJUAN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF SAN JUAN CAPISTRANO DATE THEREOF, THE ISSUING INSURER WILL EMDiAVBRi6MAIL *3O DAYS WRITTEN CITY CLERKS OFFICE NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, e61i-FMtBREFe9B8QSNALL ATTN: DON SCHANTERL 32450 PASEO ADELANTO OOBLIGATI THE INSURER, ITS AGE OR SAN TUAN CAPISTRANO CA 92675 RFPRFccu+nrnmc m - o iL zoa�(f/Bi) I ®ACORD CORPORATION 1988 • • STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 �� �3 f COMPENSATION INCSURNCE A FUND U N D CERTIFICATE OF WORKERS' COMPENSATION INSURANCE )) DECEMBER 8, 2000 POLICY NUMBER: 1610210 - 00 CERTIFICATE EXPIRES: 12-5-01 F - CITY OF SAN JUAN CAPISTRANO CITY CLERKS OFFICE ATTN: DON SCHANTERL 32450 PASEO ADELANTO, SAN JUAN CAPISTRANO, CA 92675 JOB: PACIFIC POINT L 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 tedays' advance written notice to the employer. XX We will also give you T�A days' advance notice should this policy be cancelled prior to its normal expiration. XX 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 12/08/00 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER F- C W C INC. DBA: SJD PARTNERS, LTD. 5109 E. LA PALMA AVENUE STE. D ANAHEIM, CA 92807 ��� 12/5/00 INSURED: SunCal Companies INSURANCE COMPANY: Evanston Insurance Company POLICY NUMBER: OOGLP 1003 817 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CITY OF SAN JUAN CAPISTRANO RE: PACIFIC POINT (If no entry appears above, information required to complete this endorsement will be shown in the Declaration as applicable to this endorsement.) WHO IS AN INSURED (Section II) 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 and then only as respects any claim, loss or liability arising out of the operations of the Named Insured, and only if such claim, loss or liability is determined to be solely the negligence or responsibility of the Named Insured. ICO2250498 ACORD CERTIFICA§E OF LIABILITY INS NCgUNCALSR CEl DATE(MM DDYY) 12/06/00 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ILTR 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 INSURERA: Evanston Insurance Company INSURER B: X COMMERCIAL GENERAL LIABILITY INSURER C: SJD PARTNERS, LTD. 5109 E. La Palma Ave., Ste D Anaheim CA 92807 INSURER D: 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. ILTR TYPE OF INSURANCE POLICYNUMBER P LI YEFFE TIVE DATE MM/DD/YY POLI YEXPIRATION DATE MWDD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 A X COMMERCIAL GENERAL LIABILITY OOGLP1003817 12/05/00 12/05/01 FIRE DAMAGE (Ary are fire) S 50,000 CLAIMS MADE [ X] OCCUR MED EXP (Any we person) $ EXCLUDED PERSONAL B ADV INJURY 51,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $1,000,000 POLICY X PRO-JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea ac dwt) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY $ NON -OWNED AUTOS (Par ecdtlant) PROPERTY DAMAGE $ (Per amidwt) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGO $ EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR CLAIMS MADE S $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND TORY LIMITS I I ER EMPLOYERS' LIABILITY E.L. EACH ACCIDENT S E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT $ OTHER f'f C sMon m � DESCRIPTION OF OPERATIONSILOCATIONS EHICLEVEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS *EXCEPT 10 DAYS FOR NON PAYMENT OF PREMIUM �; r;s,� N rn SUBSIDENCE COVERAGE IS NOT EXCLUDED UNDER THIS LIABILITY POLICY O rn to �rnz O z 3 O CERTIFICATE HOLDER I N I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION SANJUAN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL *30 DAYS WRI TEN CITY OF SAN JUAN CAPISTRANO 324400 30 PASEO ADELANTO NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR SAN JUAN CAPISTRANO CA 92675 REPRESENTATIVES. ACORD 25S (7197) ACORD CORPORATION 1988 . , 1 • 32400 FASEO ADELANTO SAN .JUAN CXPISTRANO, CA 92675 (9491493-1171 (949) 493-1053 (FAX) December 12, 2000 SJD Partners, Ltd. 5109 E. La Palma Avenue, Suite D Anaheim, California 92807 ✓�r_�,. II[IIIIIII[I EST AIUSIII 1961 1776 MEMBERS OF THE CRY COUNCIL DIANE L. BATHGATE COLLENE CAMPBELL JOHN GREINER WYATT HART DAVID M. SWERDLIN CITY MANAGER GEORGE SCARBOROUGH Re: Renewal of Workers' Compensation (Subdivision Improvement Agreement/Water Facilities Agreement, Tract 14196) Gentlemen: Thank you for the Certificate of Insurance, which was received by the City of San Juan Capistrano on December 8, 2000. As per agreement, a certificate of insurance for workers' compensation is required. Please have the City of San Juan Capistrano as well as the Capistrano Valley Water District listed as certificate holders. Thank you for your cooperation and if you have any questions, please contact me at (949) 443-6310. Very truly yours, i Dawn M. Schanderl Deputy City Clerk -�� cc: Cheryl Johnson, City Clerk Sam Shoucair, Senior Engineer Craig Harris, Assistant Engineer d1UG USE IS San Juan Capistrano: Preserving the Past to Enhance the Future ACORD CERTIFIC OF LIABILITY INSU NCf sR CALI CK DATE 12 // D07//00 DN0 PRGBUCER ' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION INTR ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Rohm Insurance Agency 26 Plaza S(ItFars, Suite 200 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE Orange CA 92866 Phone:714-516-2960 Fax:714-516-2965 INSURED INSURER A: Evanston Insurance Company INSURER B: Ins. CO. Of the State Of PA INSURER C: Hartford Casualty Ins. Co. SJD PARTNERS, LTD 5109 E. La Palma Ave., Ste D Anaheim CA 92807 INSURER D: INSURER E: OOGLP1003817 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. INTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFE TIVE DATE MDD/YY POLICY EXPIRATIONM/ DATE MDO M/ LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 A X COMMERCIAL GENERAL LIABILITY OOGLP1003817 12/05/00 12/05/01 FIRE DAMAGE (Any wefins) S 50,000 CLAIMS MADE 51 OCCUR MED EXP (Any we pemw) $ EXCLUDED PERSONAL B AD'J INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $1,000,000 POLICY X PRO- LOC JECT C AUTOMOBILE X LIABILITY ANY AUTO 72UECKF4276 04/04/00 04/04/01 CO MINED (ESCOMBINED SINGLE LIMIT $1,000,000 BODILY INJURY $ (Pw peva) ALL OW NED AUTOS SCHEDULED AUTOS BODILY INJURY $ (Per ecdtlenq HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ (Per accident) — GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHERTHAN EA ACC $ ANY AUTO AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE S10,000,000 B X OCCUR 17 CLAIMS 42007504 12/05/00 12/05/01 AGGREGATE $10,000,000 S $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY TORY LIMBS AW ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLEV/ CLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS *EXCEPT 10 DAYS FOR NON PAYMENT OF PREMIUM CERTIFICATE HOLDER IS NAMED ADDITIONAL INSURED GENERAL LIABILITY ONLY PER THE ATTACHED ENDORSEMENT. RE: TRACT 14196 (PACIFIC POINT) VCRIIr1V/11C RVLVCR I IIIVNW INOUKCV; INWN KLC11 LK: VWY VCLIXI IVN C'APISTR SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL-EN9&W8R+Q4MAIL *30 DAYSWRr TEN CAPISTRANO VALLEY WATER NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 8WF^" DISTRICT 32450 PASEO ADELANTOFS-GR1---OSF is SOL off SAN JUAN CAPISTRANO CA 92675 _. SEN -- 1988 32/5/00 INSURED: SID Partnership, LTD INSURANCE COMPANY: Evanston Insurance Company POLICY NUMBER: OOGLP1003817 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CAPISTRANO VALLEY WATER DISTRICT RE: TRACT 14196 PACIFIC POINT (If no entry appears above, information required to complete this endorsement will be shown in the Declaration as applicable to this endorsement.) WHO IS AN INSURED (Section II) 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 and then only as respects any claim, loss or liability arising out of the operations of the Named Insured, and only if such claim, loss or liability is determined to be solely the negligence or responsibility of the Named Insured. ICO2250498 acoRvCERTIFICP&E OF LIABILITY uNCDATE (MMM) ALl 12/07/00 PRODUCER' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Rohm Insurance Agency 26 Plaza Sgtlare, Suite 200 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE Orange CA 92866 Phone:714-516-2960 Fax:714-516-2965 INSURED INSURERA: Evanston Insurance Company INSURER B: Ina. Co. of the State of PA GENERAL LIABILITY INSURER C: Hartford Casualty Ina. Co. SJD PARTNERS, LTD INSURER D: 5109 E. La Palma Ave., Ste D Anaheim CA 92807 INSURER E: X COMMERCIAL GENERAL LIABILITY 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. INSR LTR TYPE OFINSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDD/YY POLICY EXPIRATI N DATE MM/DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE 51,000,000 A X COMMERCIAL GENERAL LIABILITY OOGLP1003817 12/05/00 12/05/01 FIRE DAMAGE (Any We fire) $ 50,000 CLAIMS MADE 7 OCCUR MED EXP Any one Pelson) $ EXCLUDED PERSONAL B ACV INJURY 51,000,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG 51,000,000 POLICY $ PRO- LOC JECT C AUTOMOBILE X LIABILITY ANY AUTO 72MCKF4276 04/04/00 04/04/01 COMBINED SINGLE LIMB (Es'�dent) 51,000,000 BODILY INJURY $ (PK Pareon) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY $ (Per acddent) HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE 5 (Puacddent) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: ASS $ EXCESS LIABILITY EACH OCCURRENCE $10,000,000 B X OCCUR CLAIMS MADE 42007504 12/05/00 12/05/01 AGGREGATE $10,000,000 5 $ DEDUCTIBLE 1 $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LUIBILITY TORY LIMITS EIU R E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT 5 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/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. REs PACIFIC POINT RVLVLR j I AUUI I IUNAL INJUKCUi INOUKLK LCI ICK: MIVYV .LW I IVR CAPISTR I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CAPISTRANO VALLEY WATER DISTRICT ATTN: NANCY BARNEY 32450 PASEOADELANTO SAN JUAN CAPISTRANO CA 92675 ACORD 253 (7/97) DATE THEREOF, THE ISSUING INSURER WILL4NDBAVORZ0�L *30 DAYSWRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BLT LAY I IRE TR nn ¢D Clle R 0 9 22/5/00 INSURED: SID Partnership, LTD INSURANCE COMPANY: Evanston Insurance Company POLICY NUMBER: OOGLP1003817 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CAPISTRANO VALLEY WATER DISTRICT RE: PACIFIC POINT (If no entry appears above, information required to complete this endorsement will be shown in the Declaration as applicable to this endorsement.) WHO IS AN INSURED (Section II) 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 and then only as respects any claim, loss or liability arising out of the operations of the Named Insured, and only if such claim, loss or liability is determined to be solely the negligence or responsibility of the Named Insured. ICO2250498 0 174 STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 COMPENSATION I NSU FIANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE DECEMBER 8, 2000 POLICY NUMBER: CERTIFICATE EXPIRES: r- CAPISTRANO VALLEY WATER DISTRICT 32450 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 JOB: TRACT #14195 (PACIFIC POINT) L &-cr,7e) 1610210 - 00 12-5-01 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 forthe policy period indicated. This policy is not subject to cancellation by the Fund except upon teRdays' advance written notice to the employer. XX We will also give you -M days' advance notice should this policy be cancelled prior to its normal expiration. XX 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: $1,000,000 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 12/08/00 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER F- C W C INC. DBA: SJD PARTNERS, LTD. 5109 E. LA PALMA AVENUE STE. D ANAHEIM, CA 92807 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1117.1 (949) 483-1053 (FAX) December 12, 2000 SJD Partners, Ltd. 5109 E. La Palma Avenue, Suite D Anaheim, California 92807 ��..,,�•� R[IIHIHII I�nnm � 1961 1776 MEMBER$ OF THE CRY COUNCIL DIANE L. BATHGATE COLLENE CAMPBELL JOIN GREINER MATT NART DAVID M. $WEROLIN CRY MANAGER GEORGE SCARBOROUGH Re: Renewal of Workers' Compensation (Subdivision Improvement Agreement/water Facilities Agreement, Tract 14196) Gentlemen: Thank you for the Certificate of Insurance, which was received by the City of San Juan Capistrano on December 8, 2000. As per agreement, a certificate of insurance for workers' compensation is required. Please have the City of San Juan Capistrano as well as the Capistrano Valley Water District listed as certificate holders. Thank you for your cooperation and if you have any questions, please contact me at (949) 443-6310. Very truly yours, Dawn M. Schanderl Deputy City Clerk cc: Cheryl Johnson, City Clerk Sam Shoucair, Senior Engineer Craig Harris, Assistant Engineer onuu use 1s San Juan Capistrano: Preserving the Past to Enhance the Future ACORv , CERTIFICISTE OF LIABILITY INSIZANC ID BS DATE(MM/DDIYY) CALL 04/04/00 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 13:1!` No. Glassell, Suite 300 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Orange CA 92866 Phone:714-516-2960 Pax:714-516-2965 INSURERS AFFORDING COVERAGE @� SJD PARTNERS, LTD 5109 E. La Palma Ave., Ste D Anaheim CA 92807 COVERAGES INSURER A: INSURER B: Ina. CO. Of the State of INSURER C: Hartford Insurance Compa INSURER D: Fremont Compensation INSURER E: 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. INSR LTR OF INSURANCE POLICY NUMBER POLICTYPE DATE MM/FIE TI) ( MJD TIV P I V I DATE MM/DDNY LIMITS SAN JUAN CAPISTRANO CA 92675 GENERAL LIABILITY i laAM A . � EACH OCCURRENCE $1,000,000 A X COMMERCIAL GENERAL LIABILITY 99GLP1003817 12/05/99 12/05/00 FIRE DAMAGE (Anyone fire) $ 50,000 CLAIMS MADE Fx1 OCCUR MED EXP (Any one person) $ EXCLUDED PERSONAL B ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $1,000,000 POLICY PRO- LOC C AUTOMOBILE LIABILITY ANY AUTO 72UECKF4276 04/04/00 04/04/01 COMBINED SINGLE LIMIT $ 1,000,000 lEa accident) X BODILY INJURY $ (Per person) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY $ (Per accident) X HIREDAUTOS NON-OWNEDAUTOS X PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $10,000,000 B X OCCUR CLAIMS MADE 42996650 12/05/99 12/05/00 AGGREGATE $10,000,000 $ DEDUCTIBLE $ RETENTION $ D WORKERS COMPENSATION AND EMPLOVERS'LIABILITY WN9985296301 12/05/99 12/05/00 X TORY LIMITS ER E.L. EACHACCIDENT $1,000,000 E.L. DISEASE. EA EMPLOYEE $ 1, 00 0, 0 00 E.L. DISEASE. POLICY LIMIT I $1,000,000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS 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 I N I ADDITIONAL INSURED: INSURER LETTER: CANCELLATION CAPISTR SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CAPISTRANO VALLEY WATER DATE THEREOF, THE ISSUING INSURER WILL-END15WOR"MAUL *30 DAVSWRITTEN DISTRICT NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 0Urftlt L4tlpLL ATTN: NANCY BARNEY 32450 PASEOADELANTO IMPOSE 8 89 `*OEN*601R SAN JUAN CAPISTRANO CA 92675 i laAM A . � At;UKU ZDs (nBi) CACORD CORPORATION 1988 aCORD.. CERTIFI E OF LIABILITY INSISANC ID BS DATE(MM/DD YY) CALL 04/04/00 PRODUCER INSR LTR TYPE OF INSURANC@ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION - DATE MM/DD/YY LIMITS ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Rok'p Insurance Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 131 No. Glassell, Suite 300 $ 1,000,000 A ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE Orange CA 92866 Phone:714-516-2960 Fax:714-516-2965 12/05/00 INSURED $ 50,000 INSURER A: Evanston Insurance Company INSURER B: Ins. Co. of the State of PA MED EXP (tiny one person) INSURERC: Hartford Insurance Company SJD PARTNERS, LTD S 1,000,000 INSURER D: Fremont Co ensation 5109 E. La Palma Ave., Anaheim CA 92807 Ste D INSURER E: GENERAL AGGREGATE $2,000,000 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. INSR LTR TYPE OF INSURANC@ POLICY NUMBER POL DATE MM/DDm DATE MM/DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY 99GLP1003817 12/05/99 12/05/00 FIRE DAMAGE (Any one fire) $ 50,000 C✓,MS MADE EX -1 OCCUR MED EXP (tiny one person) $ EXCLUDED PERSONAL B ADV INJURY S 1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGO $1,000,000 POLICY PRO - 17 JECT LOC C AUTOMOBILE X LIABILITY ANY AUTO 72UECKF4276 04/04/00 04/04/01 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ X X HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS LIABILITY EACH OCCURRENCE $10,000,000 B X OCCUR F-] CLAIMS MADE 42996650 12/05/99 12/05/00 AGGREGATE $10,000,000 a S DEDUCTIBLE $ RETENTION $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 12/05/99 12/05/00 X wt;STATU- ER TORY LIMITSWN9985296301 E.L. EACH ACCIDENT $1,000,000 E.L.DISEASE-EA EMPLOYE $1,000,000 E.L. DISEASE -POLICY LIMIT 1 $1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS *EXCEPT 10 DAYS FOR NON PAYMENT OF PREMIUM CERTIFICATE HOLDER IS NAMED ADDITIONAL INSURED GENERAL LIABILITY ONLY PER THE ATTACHED ENDORSEMENT. RE: TRACT 14196 (PACIFIC POINT) V¢rtIlTl�nl�nv��t=n V ADDITIUNALINSUKEU;INSUNGNLGIItN:_ HMIYHCi- MI nV. CAPI STR SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO! DATE THEREOF, THE ISSUING INSURER WILL!'NB6AVBR9eMAIL *30 DAYS WRITTEN CAPISTRANO VALLEY WATER NOTICE TO THE CERTFICATE HOLDER NAMED TO THE LEFT,i SM PA hi Te Be Beg i RL DISTRICT 32450 PASO ADELANTO _ __ _ SAN JUAN CAPISTRANO CA 92675 - --- -- 1QRR acoRD_ CERTIFIC OF LIABILITY INSU NCi BS DATE IMM DD YY) CALL 04/04/00 PRODUCER NSR LTR TYPE OF INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION DATPOLE MM/DD/YY FECTIVE POLICY EXPIRATION1 DATE (MWDDIYYI LIMITS ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Rohm Insurance Agency 131 No. Glassell, Suite 300 C A S� HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE Orange CA 92866 Phone:714-516-2960 Fax:714-516-2965 A INSURED 99GLP1003817 12/05/99 INSURER A: Evanston Insurance Company INSURER B: Ina. Co. Of the State Of PA CLAIMS MADE -- i OCCUR INSURER C: Hartford Insurance company SJD PARTNERS, LTD PERSONAL B ADV INJURY 51,000,000 INSURER D: Fremont Com ensation 5109 E. La Palma Ave., Anaheim CA 92807 Ste D NSURER E: GENERAL AGGREGATE $2,000,000 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. NSR LTR TYPE OF INSURANCE POLICY NUMBER DATPOLE MM/DD/YY FECTIVE POLICY EXPIRATION1 DATE (MWDDIYYI LIMITS SAN JUAN CAPISTRANO CA 92675 GENERAL LIABILITY C A S� EACH OCCURRENCE $1,000,000 FIRE DAMAGE (Any one fire) $ 50,000 A X COMMERCIAL GENERAL LIABILITY 99GLP1003817 12/05/99 12/05/00 CLAIMS MADE -- i OCCUR MED EXP (Any one person) S EXCLUDED PERSONAL B ADV INJURY 51,000,000 rGE1'LGREGATE GENERAL AGGREGATE $2,000,000 LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $1,000,000 ICY F PRO 7LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 C X ANY AUTO 72UECKF4276 04/04/00 04/04/01 (Ea accident) BODILY INJURY $ ALL OWNED AUTOS SCHEDULED AUTOS (Per person) BODILY INJURY $ X HIREDAUTOS X NON-0WNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGO $ EXCESS LIABILITY EACH OCCURRENCE $10,000,000 E X1 OCCUR CLAIMS MADE 42996650 12/05/99 12/05/00 AGGREGATE $10,000,000 $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND X -17 q-TATU-7-70TPF TORY LIMITS I I ER D EMPLOYERS' LIABILITY WN9985296301 12/05/99 12/05/00 E.L.EA CH ACCIDENT $1, OQ Q, QQQ E.L. DISEASE-EAEMPLOYE 1 $ , 000, OOO E.L. DISEASE -POLICY LIM $ 1, QQQ, 000 OTHER C O 07 � �'mrJ z n�A-C A DESC RIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY EN DORSEMENT/SPECIAL PROVISIONS *EXCEPT 10 DAYS FOR NON PAYMENT OF PREMIUM m CERTIFICATE HOLDER IS NAMED ADDITIONAL INSURED LIABILITY ONLY PER THE ni m ATTACHED ENDORSEMENT. RE: PACIFIC POINT z C O CERTIFICATE HOLDER I N I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION 3ANJDAN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO CITY OF SAN JUAN CAPISTRANO DATE THEREOF, THE ISSUING INSURER WILL BNDGtlCRieiAAIL *30 DAYSWRITTEN CITY CLERKS OFFICE NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, -W- FAR 1 IR- TO ^^A^ ATTN: DON SCHANTERL 32450 PASEO ADELANTO HiIII966 Ns Be SAN JUAN CAPISTRANO CA 92675 REPRfi66N+^9FFVe& C A S� ACORD 25-S (7/97) ®ACORD CORPORATION 1988 r, I :► 1 :► Y::► INTER -DEPARTMENT MEMORANDUM TO: John R. Shaw FROM: DEPT: City Attorney DEPT: SUBJECT: Document Review DATE: PHONE EXT. `ff3 /S/S ATTACHED ARE THE FOLLOWING (please describe document, i.e., agreement, contract, consultant agreement): (1) For your approval and signature (2) For your review and comments [ ] (3) For your information [ ] (4) As requested [ ] (5) [ ] PLEASE: (A) Keep for your files [ ] (B) When Completed Return To: 1E.��� [ VI (C) Date/Time Needed CITY ATTORNEY'S COMMENTS: ACOR& CERTIFIC;� E OF LIABILITY INSU�NCEcsR CR $DNCALI DATE IMM/DD ) - 12/06/99 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 131 No. Glassell, Suite 300 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Orange CA 92866 COMPANIES AFFORDING COVERAGE COMPANY Phone No. 714-516-2960 Fax No.714-516-2965 A Evanston Insurance Company INSURED COMPANY B Ins. Co. of the State of PA COMPANY SJD PARTNERS, LTD C Hartford Insurance Company 5109 E. La Palma Ave., Ste D Anaheim CA 92807 COMPANY D Fremont Compensation f COVERAGES THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE $2,000,000 PRODUCTS-COMP/OP AGG $1,000,000 A X COMMERCIAL GENERAL LIABILITY 99GLP1003817 12/05/99 12/05/00 CLAIMS MADE OCCUR PERSONAL B ADV INJURY $1,000,000 OWNERS& CONTRACTORS PROT EACH OCCURRENCE $1,000,000 FIRE DAMAGE (My one fire) $ 50,000 MED EXP (Any one person) $ EXCLUDED C AUTOMOBILE X LIABILITY ANY AUTO 72UXCKF4276 04/04/99 04/04/00 COMBINED SINGLE LIMIT $1,000,000 BODILY INJURY $ (Per person) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY $ (Per accident) X X HIREDAUTOS NON-OWNED AUTOS PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ ........ .......... . .......... ..... ..... OTHER THAN AUTO ONLY: ........ ......... ANY AUTO EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $10,000,000 B X UMBRELLA FORM 42996650 12/05/99 12/05/00 AGGREGATE $10,000,000 1$ OTHER THAN UMBRELLA FORM WORKERS COMPENSATION ANDX EMPLOYERS LIABILITY WC STATU- OTH TORY LIMITS ER EL EACH ACCIDENT $1,000,000 D THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE WN9985296301 12/05/99 12/05/00 EL DISEASE-POLICY LIMIT $1,000,000 EL DISEASE -EA EMPLOYEE $ 1,000,000 OFFICERS ARE: X EXCL OTHER DESCRIPTION OF OPERATIONS/LOCATIONS EHICLES/SPECIAL ITEMS *EXCEPT 10 DAYS FOR NON PAYMENT OF PREMIUM CERTIFICATE HOLDER IS NAMED ADDITIONAL INSURED GENERAL LIABILITY ONLY PER THE ATTACHED ENDORSEMENT. RE: TRACT 14196 (PACIFIC POINT) -CERTIFICATE:HOLDE2 ;:--CANCELLATION CAPISTR SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL 60,156weR40 MAIL CAPISTRANO VALLEY WATER *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, DISTRICT 32450 PASEO ADELANTO SAN TUAN CAPISTRANO CA 92675 AUTHORIZE PRE TATIVE � ,A ACORO 25eS. (V95 RP.TION 7988:: 12/5/99 INSURED: SJD Partnership, LTD INSURANCE COMPANY: Evanston Insurance Company POLICY NUMBER: 99GLP1003817 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CAPISTRANO VALLEY WATER DISTRICT RE: TRACT 14196 PACIFIC POINT (If no entry appears above, information required to complete this endorsement will be shown in the Declaration as applicable to this endorsement.) WHO IS AN INSURED (Section II) 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 and then only as respects any claim, loss or liability arising out of the operations of the Named Insured, and only if such claim, loss or liability is determined to be solely the negligence or responsibility of the Named Insured. ICO2250498 Ro_ , CERTIFIGA QF _._.l(�.�rT. LIABILITY iNSUIO J�EtSR C'R DATE (MM/DDM) SUNCAL1 04/28/99 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 131 No. Glassell, Suite 300 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Orange CA 92866 COMPANIES AFFORDING COVERAGE COMPANY Phone No. 714-5 Fax No. 714-516-2965 A Evanston Insurance Company INSURED COMPANY B Ina. Co. of the State of PA COMPANY SJD PARTNERSHIP, LTD C Hartford Insurance Company 5109 E. La Palma Ave., Ste D Anaheim CA 92807 COMPANY D Fremont Compensation COVERAGES THIS IS TO CERTIFY THAT 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DDM') POLICY EXPIRATION DATE (MM/DDM') LIMITS GENERAL LIABILITY GENERAL AGGREGATE $2,000,000 A X COMMERCIAL GENERAL LIABILITY GLP1003817 12/05/98 12/05/99 PRODUCTS - COMP/OP AGG 51,000,000 CLAIMS MADE OCCUR PERSONAL &ADV INJURY $1,000,000 EACH OCCURRENCE $1,000,000 OWNER'S& CONTRACTOR'S PROT FIRE DAMAGE (Any one fire) $ 50,000 X PER PROJECT AGGREGATE APPLIES I MED EXP (Any one person) $EXCLUDED C AUTOMOBILE LIABILITY ANYAUTO 72UECKF4276 04/04/99 04/04/00 COMBINED SINGLE LIMIT $1,000,000 BODILY INJURY $ (Per person) X ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident $ X X HIREDAUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $10,000,000 E X UMBRELLA FORM 42986056 12/05/98 12/05/99 AGGREGATE $10,000,000 $ OTHER THAN UMBRELLA DORM WORKERS COMPENSATION AND EMPLOYERS LIABILITY X WC STATU- OTR WC STAMITS ER EL EACH ACCIDENT $1,000,000 D THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE IY9877696501 12/05/98 12/05/99 EL DISEASE -POLICY LIMIT $1,000,000 EL DISEASE - EA EMPLOYEE $1,000,000 OFFICERS ARE: X EXCL OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS *EXCEPT 10 DAYS FOR NON PAYMENT OF PREMIUM CERTIFICATE HOLDER IS NAMED ADDITIONAL INSURED GENERAL LIABILITY ONLY PER THE ATTACHED ENDORSEMENT. RE: TRACT 14196 (PACIFIC POINT) - CERTIFICATE: HOLDER :.:CANCELLATION CAPISTR SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILLiMGG4YCRiG MAIL CAPISTRANO VALLEY WATER *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, DISTRICT 32450 PASEOADELANTO SAN JUAN CAPISTRANO CA 92675 AUTHORI DREP ESENTATIVE "//�/ � ACORO 25.500( ORD:CORPORATION7988 lV 4/28/99 INSURED: SID Partnership, LTD INSURANCE COMPANY: Evanston Insurance Company POLICY NUMBER: GLP1003817 ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CAPISTRANO VALLEY WATER DISTRICT RE: TRACT 14196 PACIFIC POINT (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 II) 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 ongoing operations performed for that Insured. Rohm Insurance Agency CG20101093 Copyright, Insurance Services Office, Inc. 0 0 Capistrano Talley Water `District May 7, 1999 Mr. Ron Freeman SunCal Companies 5109 East La Palma, Suite D Anaheim, California 92807 Re: Agreement for Modifications to Water Facilities - Tract 14196 Dear Mr. Freeman: At their meeting of May 4, 1999, the Capistrano Valley Water District Board of Directors approved the "Agreement for Modifications to Water Facilities to Serve Tract 14196" to allow for removal of the McCracken Hills Reservoir and construction of an interim water pipeline system and appurtenances to compensate for removal of the reservoir. A fully -executed copy of the Agreement is enclosed for your files. Please feel free to contact Craig Harris at 949-487-4305 if you have any questions. Very truly yours, )"0!2A_ Cheryl Johnson Clerk of the Board Enclosure cc: Jerry Neely Engineering and Building Director (with enclosure) Craig Harris (with enclosure) P.O. Box 967, San Juan Capistrano, California 92693 1 Phone 714-493-1515 32450 Paseo Adelanto • San Juan Capistrano, California 92675 FAX 714-4933955 AGENDA ITEM May 4, 1999 TO: George Scarborough, General Manager FROM: William M. Huber, Director of Engineering & Building SUBJECT: Consideration of Approval of Agreement for Modifications to Water Facilities to Serve Tract 14196, Pacific Point (SJD Partners, LTD.) RECOMMENDATION By motion, approve the Agreement for Modifications to Water Facilities to Serve Tract 14196 and authorize the Chairman and Clerk of the Board to execute the Agreement for Modifications to Water Facilities to Serve Tract 14196 on behalf of the Board. SITUATION A. Summary and Recommendation In order to allow for the repair of the Neely landslide and mitigate the recent geotechnical concerns in that area without interrupting any water supply to the local residents, SJD Partners, Ltd. (SunCal), the current owners/developers of the property known as Pacific Point in San Juan Capistrano, have submitted a request to modify certain existing water facilities. These proposed modifications which involve the removal of the McCracken Hills Reservoir and the construction of an interim water pipeline system and appurtenances were not included in the original scope of work as specified in the "Water Facilities Construction and Service Agreement' executed by the Capistrano Water District and Pacific Point Partners, L.P., on November 3, 1992. These proposed modifications require District approval of a new agreement (Attachment 1, Agreement for Modifications to Water Facilities to Serve Tract 14196). The Agreement, as well as the Water Improvement Plans, have been reviewed by the Engineering and Public Works Staff and were found to be in compliance with City and District standards and specifications. The appropriate bonds have been posted with the Water District. Staff is recommending its approval. /34 AGENDA ITEM May 4, 1999 Page 2 B. Background The existing City reservoir on McCracken Hill, due to the area it is situated and the landslide on the Neely property, may be subject to failure and is considered by Staff to be at risk. Failure of this reservoir will leave the residents of McCracken Hill without water. As part of the SunCal project, a water line connection between the Meridith Canyon water supply and McCracken Hill is proposed to be built. With installation of the water connection, the reservoir can be taken out of service and eliminate the potential hazard should a failure at this reservoir occur. The City's consultants are reviewing the geotechnical reports to assure work will be done in a safe and efficient manner. Certain existing water facilities within and bordering the subject area must be modificed in order to repair the existing slope below the McCracken Hills Reservoir. A geotechnical study has been provided by the developer. The study identifies the slope repair and recommends necessary improvements to correct the situation. In order to complete the recommendations specified in the geotechnical report, the developer must make geotechnical improvements in the Pacific Point project, Neely property, and the reservoir property (Attachment 3, Project Location Map. The geotechnical work in the reservoir site will require the complete removal of the reservoir. The improvements are identified in the new Agreement for Modifications to Water Facilities to Serve Tract 14196, and as shown on the plans, entitled Pacific Point Water Facilities Interim Pipeline - McCracken Hill Avenida Calita to Forster Ranch Road. In order to assist the review process, reduced plans have been provided to clarify these improvements and their limits (Attachment 2, Interim Water Facilities Exhibit). COMMISSION/BOARD REVIEW. RECOMMENDATIONS a". FINANCIAL CONSIDERATIONS All applicable fees have been paid and the required sureties posted with the City and District. There is no cost required by the City or District in order to construct interim public water system. NOTIFICATION SDJ Partners, Ltd., c/o SunCal Companies Mr. Jerry Neely AGENDA ITEM • • May 4, 1999 Page 3 ALTERNATE ACTIONS By motion, approve the Agreement for Modifications to Water Facilities to Serve Tract 14196, and authorize the Chairman and Clerk of the Board to execute the Agreement for Modifications to Water Facilities to Serve Tract 14196 on behalf of the Board. Do not authorize the Chairman and Clerk of the Board to execute the Agreement. Refer to Staff for additional information. RECOMMENDATION By motion, approve the Agreement for Modifications to Water Facilities to Serve Tract 14196 and authorize the Chairman and Clerk of the Board to execute the Agreement for Modifications to Water Facilities to Serve Tract 14196 on behalf of the Board. Respectfully Submitted, ea William M. Huber, P. Director, Engineering & Building WMH/CH:ssg Prepared by //// Allo e4//e'�fj 0(,V Craig L. Harris Assistant Engineer Attachments: 1. Agreement for Modifications to Water Facilities to Serve Tract 14196 2. Interim Water Facilities and Property Owners Exhibit 3. Location Map 3-4pacpt.ch I w N CL 4 2 V Ix W 9 j s 0 a i a s Q a 5 c " a Q ! pp ! p 3E f L l! yE ,F a! ! !F E� aF p a g ! •% i! 0 0 0 tl 0 0 0 0 0 !i g? a YO s• g ��•¢� Q�ye • E £ ! o a ° p• Eig i• E �M� iSEgpep !j S a � 7 � ¢ @qp� � !j �q� e{, � �19 €� � i0 IQa i + Qi! .29 F i a !.� i 7eF. .1 v q �[9 1Q • fp } E p Ill ,Fp :fig g' iE i ��$9 e1-11 ��l p tlE a !E g e 0 it 0 it 11 ;pY ei8�3 m I ! gnaq a El IIi ! i;a E . a� §� ¢4 F p ag�gE gg glgg p, 9r! k6 �s€ 11111111 g P ! II i ! Ea 11 ill pF 6` 64 Ir v .v )! q iN�g s 31 6: L • ¢Q`a\\.y: ��, 1•',11;' li �; 'I;' �:}�1 �iAM i E s all .i ?fes%' m='\.1•�"�'t:,'P:��i•11�9, ✓ k�S:, ,�� i. ,•..;., s\�. �`r\��!n, a;`;!,\a,�•; �z �lJivifUlrrr-�.a•`.:\`:�'-�C�\�Clw. S) �1 � Cm 2 il d 11 j. P T I E ill • I U � 4 6 @ u yy 1�tltl, z �r? o �§ �p pa z z R Bg4g� 6 i[j,gyE �� K f �H Y a a 1 :d4 tltl e e �• SIR � -# Y a_J..s Q1 ki 'lam '"CCC' _ ;��� ` 1 ; � �`•1`, i __ NY . _��,a-o.--�,. � f-= '-4; ,✓lam '/. ` � 4'll\ \u QWAV ._ / a' •�4.]`c �\ 4 in -r.-------- HA PROJECT LOCATION i I 1' �. •7 . G 1,11, Lu 0.AMBlPS / 0 Maria Guevara From: Craig Harris Sent: Wednesday, November 06, 2002 5:09 PM To: Maria Guevara Subject: RE: Revised Water Agreement with SunCal We are entering into a new agreement with SunCal. The draft of the new agreement has been written and is under review by the City Attorney. -----Onginal Message ----- From: Maria Guevara Sent: Wednesday, November 06, 2002 3:37 PM To: Craig Harris Subject: RE: Revised Water Agreement with SunCal Hi Craig, I'm following up like you asked me to. Do you have any new information? The agreement is now expired. Is it going to be extended until we get a new agreement? -----Original Message ----- From: Craig Hams Sent: Wednesday, October 30, 2002 2:21 PM To: Maria Guevara Subject: FW: Revised Water Agreement with SunCal I'll check with another source. -----Original Message ----- From: Bill Huber Sent: Wednesday, October 30, 2002 9:41 AM To: Craig Harris Subject: RE: Revised Water Agreement with SunCal Craig I don't have any more information than Eric at this time. -----Original Message ----- From: Craig Harris Sent: Tuesday, October 29, 2002 11:03 AM To: Bill Huber Cc: Maria Guevara Subject: FW: Revised Water Agreement with SunCal Do you know where SunCal is in executing this agreement. There are two reasons why I am asking. 1) The revised CDP for Forster Canyon includes language regarding the design and construction of certain water improvements which need to correlate with the water improvements in the agreement. I would like to specify that the water improvements of the CDP are required to concur with that of the new agreement. 2) The original agreemenT✓sxpires on Nov. 3, 2002 and the City Clerks�ffice is asking for a status of the new agreement. -----Original Message ----- From: Eric Bauman Sent: Friday, October 25, 2002 8:00 AM To: Craig Harris Subject: RE: Revised Water Agreement with SunCal Craig: No. We still have not come to agreement on the final language. Eric. -----Original Message ----- From: Craig Harris Sent: Thursday, October 24, 2002 5:34 PM To: Eric Bauman Subject: Revised Water Agreement with SunCal Do you know if SunCal has executed the agreement yet? 0 Maria Guevara From: Maria Guevara Sent: Wednesday, November 06, 2002 3:37 PM To: Craig Harris Subject: RE: Revised Water Agreement with SunCal Hi Craig, 0 I'm following up like you asked me to. Do you have any new information? The agreement is now expired. Is it going to be extended until we get a new agreement? -----Original Message ----- From: Craig Harris Sent: Wednesday, October 30, 2002 2:21 PM To: Maria Guevara Subject: FW: Revised Water Agreement with SunCal I'll check with another source. -----Original Message ----- From: Bill Huber Sent: Wednesday, October 30, 2002 9:41 AM To: Craig Harris Subject: RE: Revised Water Agreement with SunCal Craig I don't have any more information than Eric at this time. 5 W H. H4Een, -----Original Message ----- From: Craig Harris Sent: Tuesday, October 29, 2002 11:03 AM To: Bill Huber Cc: Maria Guevara Subject: FW: Revised Water Agreement with SunCal Do you know where SunCal is in executing this agreement. There are two reasons why I am asking. 1) The revised CDP for Forster Canyon includes language regarding the design and construction of certain water improvements which need to correlate with the water improvements in the agreement. I would like to specify that the water improvements of the CDP are required to concur with that of the new agreement. 2) The original agreement expires on Nov. 3, 2002 and the City Clerks office is asking for a status of the new agreement. -----Original Message ----- From: Enc Bauman Sent: Friday, October 25, 2002 8:00 AM To: Craig Harris Subject: RE: Revised Water Agreement with SunCal Craig: • • No. We still have not come to agreement on the final language. Eric. -----Original Message ----- From: Craig Hams Sent: Thursday, October 24, 2002 5:34 PM To: Eric Bauman Subject: Revised Water Agreement with SunCal Do you know if SunCal has executed the agreement yet? 0 Maria Guevara From: Craig Harris Sent: Wednesday, October 30, 2002 2:21 PM To: Maria Guevara Subject: FW: Revised Water Agreement with SunCal I'll check with another source. -----Original Message ----- From: Bill Huber Sent: Wednesday, October 30, 2002 9:41 AM To: Craig Harris Subject: RE: Revised Water Agreement with SunCal Craig don't have any more information than Eric at this time. Spy W►w H. H44t.1, -----Original Message ----- From: Craig Harris Sent: Tuesday, October 29, 2002 11:03 AM To: Bill Huber Cc: Maria Guevara Subject: FW: Revised Water Agreement with SunCal li Do you know where SunCal is in executing this agreement. There are two reasons why I am asking. 1) The revised CDP for Forster Canyon includes language regarding the design and construction of certain water improvements which need to correlate with the water improvements in the agreement. I would like to specify that the water improvements of the CDP are required to concur with that of the new agreement. 2) The original agreement expires on Nov. 3, 2002 and the City Clerks office is asking for a status of the new agreement. -----Original Message ----- From: Eric Bauman Sent: Friday, October 25, 2002 8:00 AM To: Craig Harris Subject: RE: Revised Water Agreement with SunCal Craig: No. We still have not come to agreement on the final language. Eric. -----Original Message ----- From: Craig Harris Sent: Thursday, October 24, 2002 5:34 PM To: Eric Bauman Subject: Revised Water Agreement with SunCal Do you know if SunCal has executed the agreement yet? Maria Guevara From: Maria Guevara Sent: Tuesday, October 29, 2002 9:33 AM To: Craig Harris Subject: FW: Agreement Status -Pacific Point Partners Hi Craig, You asked me to follow up on this around October 25, 2002. Anything new?? Thanks for your help. Maria -----Original Message ----- From: Maria Guevara Sent: Thursday, October 10, 2002 3:08 PM To: Craig Harris Subject: RE: Agreement Status -Pacific Point Partners Craig, I still haven't received the action reminder, you were going to send it last week. -----Original Message ----- From: Craig Hams Sent: Wednesday, September 25, 2002 11:25 AM To: Maria Guevara Subject: RE: Agreement Status -Pacific Point Partners Bill Huber has been working with Suncal to final out a new agreement. I'll try to get a status for you this afternoon after the songs drill. -----Original Message ----- From: Maria Guevara Sent: Wednesday, September 25, 2002 9:56 AM TO: Craig Harris Subject: RE: Agreement Status -Pacific Point Partners Craig - Any information?? -----Original Message ----- From: Maria Guevara Sent: Wednesday, September 25, 2002 9:54 AM To: Maria Guevara Subject: RE: Agreement Status -Pacific Point Partners -----Original Message ----- 1 From: Sent: TO: Subject: Hi Craig, Maria Ovara • Wednesday, September 11, 2002 11:01 AM Craig Harris Agreement Status -Pacific Point Partners The Capistrano Valley Water District entered into a Water Facilities Construction & Services Agreement with Pacific Point Partners, L.P., for a Term of 10 years or November 3, 2002. Do you have any status on this agreement? Thank you Maria N CITY CLERK'S DEPARTMENT - ACTION REMINDER 1 TO: Amy Amirani, Director of Public Works FROM: Dawn M. Schanderl, Deputy City Clerk DATE: August 3, 2002 SITUATION: On September 3, 1996, the Capistrano Valley Water District entered into a Water Facilities Construction and Service Agreement with Pacific Point Partners, L.P., (copy attached). ACTION REQUESTED: Page 9, Item 4 entitled "Period of Agreement" states term shall be for ten (10) years or November 3, 2002, unless the agreement is earlier terminated or its term is modified. Please notify this office of agreement status. ACTION TO BE TAKEN: woRKiyrG wig 2,W %Ji�vFzc.y L/I 1 U ?::7 MA -e— tJ✓T %/L� Nriw /�Gr2rrzMriv>� DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: L -v4 iw" /JIZ5102 SIGNATURE OF OFFICIAL TAKING ACTION: C� ( �-� DATE SIGNED: t U/(6/v ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 0810312002 Deadline Date: 111312002 cc: William Huber Craig Harris City Attorney (600.70/pacific point water) 0 Maria Guevara From: Maria Guevara Sent: Thursday, October 10, 2002 3:08 PM To: Craig Harris Subject: RE: Agreement Status -Pacific Point Partners Craig, 0 I still haven't received the action reminder, you were going to send it last week. -----Original Message ----- From: Craig Hams Sent; Wednesday, September 25, 2002 11:25 AM To: Maria Guevara Subject: RE: Agreement Status -Pacific Point Partners Bill Huber has been working with Suncal to final out a new agreement. I'll try to get a status for you this afternoon after the Songs drill. -----Original Message ----- From: Maria Guevara Sent: Wednesday, September 25, 2002 9:56 AM To: Craig Harris Subject: RE: Agreement Status -Pacific Point Partners Craig - Any information?? -----Original Message ----- From: Maria Guevara Sent: Wednesday, September 25, 2002 9:54 AM To: Maria Guevara Subject: RE: Agreement Status -Pacific Point Partners -----Original Message ----- From: Maria Guevara Sent: Wednesday, September 11, 2002 11:01 AM To: Craig Harris Subject: Agreement Status -Pacific Point Partners Hi Craig, The Capistrano Valley Water District entered into a Water Facilities Construction & Services Agreement with Pacific Point Partners, L.P., for a Term of 10 years or November 3, 2002. Do you have any status on this agreement? Thank you Maria 1 • �O 1e C!T'Y CLXXKSDCPAKJMP-/VI - TO: Amyirani, Director of Public Works FROM: Dawn M. Schanderl, Deputy City Clerk • • SITUATION: 0 DATE: August 3, 2002 On September 3, 1996, the Capistrano Valley Water District entered into a Water Facilities Construction and Service Agreement with Pacific Point Partners, L.P., (copy attached). ACTION REQUESTED: Page 9, Item 4 entitled "Period of Agreement" states term shall be for ten (10) years or November 3, 2002, unless the agreement is earlier terminated or its term is modified. Please notify this office of agreement status. ACTION TO BE TAKEN: ,T NO Gn&P t M-94KnJG orJ 1Ub'sV /q (>Mj`, DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: Nau F SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: ,rYl�tN�� ryry �t�ot� ***FOR CITY CLERK'S DE 4k,--P— Tickler V-P— Tickler Date: 08/03/2002 Deadline Date: 11/312002 cc: William Huber Craig Harris City Attorney (600.70/pack point water) �EO V L� AUG - 8 2002 11 9 WATER FACILITIES CONSTRUCTION Copy AND SERVICE AGREEMENT THIS WATER FACILITIES CONSTRUCTION AND SERVICE AGREEMENT ("Agreement") between CAPISTRANO VALLEY WATER DISTRICT ("District") and PACIFIC POINT PARTNERS, LP., a California limited partnership, ("Developer") is made and effective as of November 3, 1992, with reference to the following facts. RECITALS A. Developer is the owner and developer of real property lying within the boundaries of the District, commonly referred to as Pacific Point (the "Project"), and more particularly described on Exhibit "A" attached hereto. B. A comprehensive technical analysis titled "Master Plan - Potable and Non - Potable Water System - Forster Canyon Service Area" dated October 1, 1992 has been prepared for the Project ("Master Plan"), which Master Plan is separately submitted in its entirety as Appendix "A" and incorporated herein by reference. Both Developer and District have critically reviewed the Master Plan and agree with its contents and conclusions. The Master Plan provides the technical basis and support for the construction of facilities and water systems to provide water service to the Project and adjacent areas. The Master Plan identifies the necessary potable and non -potable, temporary and permanent facilities to be constructed and provides for their phasing ("Phases A, B, C and D") in a manner that corresponds with the phased construction of the Project as provided in the Phasing and Construction Plan included as Exhibit "H" to the Pacific Point Development Agreement dated June 3, 1992 between Developer and the City of San Juan Capistrano (the "City"). A copy of the Development Agreement's Phasing and Construction Plan is attached as Exhibit 'B" hereto. C. Developer has requested the District to furnish water service to the Project in connection with the construction and installation by Developer and District of the water system necessary to serve the Project and acceptance of the same by the District. D. A portion of the improvements to be constructed pursuant to the Master Plan, are designed to serve existing and future water customers and developments outside the Project and Developer has agreed to construct more than its proportionate share of water facilities subject to the terms of this Agreement. E. In consideration for Developer's agreement to provide certain oversized water facilities for the benefit of existing and future customers of the District outside the Project, which will benefit the District and property within the District other than the Project, and in order to strengthen the planning process, and reduce the risks of development, District intends to provide Developer contractual assurances that all of the public improvements and 0 9033313/10-28-92 0 0 • development charges which will be required of Developer on account of the Project are only those contemplated by this Agreement. Developer would not enter into this Agreement or otherwise agree to provide the public benefits and improvements described in this Agreement, if it were not for the agreement of the District that the development requirements, facilities, improvements, fees and charges for the entire Project can be agreed to presently within the framework of this Agreement and both construction and permanent water deliveries be assured. F. This Agreement is intended to set forth the understanding between Developer and the District with respect to: (1) the Developer's obligation to provide the water facilities determined by District to be necessary for the proper development of the Project; (2) the District's obligation to provide water facilities required by the Master Plan; (3) such oversizing as the parties have agreed will be provided and the respective funding obligations of the District with respect thereto; (4) the District's obligations to provide both construction and permanent water service to the Project; and (5) the District's agreement to establish the future charges and other fees applicable to the Project. G. The parties acknowledge that a community facilities district, assessment district, public financing authority or other financing district (collectively, the "Financing District") may be established in the future which may include the water facilities or other public facilities and infrastructure required not only by the City, but also by the District for the • development of the Project. Nothing in this Agreement is intended to limit the discretion of the District or other governmental agency organizing the Financing District to do so subject to whatever terms and conditions may be reasonably required. H. District and Developer acknowledge that Developer may choose, at its discretion, to assign the responsibility to construct the water facilities contemplated by this Agreement in whole or in part to the Financing District in which event actual control over such construction shall become the responsibility of the Financing District. 1. The development of the Project and its potential impacts on the environment, including construction of the water facilities described herein, have been examined and analyzed and the Project's Environmental Impact Report No. 91-8-20-3 was duly certified on August 20, 1991 by the City, as lead agency, all in accordance with the California Environmental Quality Act. NOW, THEREFORE, in consideration of the above facts and circumstances and for other valuable consideration, receipt and sufficiency of which is hereby acknowledged, it is agreed by and between the parties as follows: 0 9033313/10-28-92 2 0 0 • 1. SCOPE OF WORK. 1.1 Definitions. The following terms used in this Agreement shall be defined as provided in this Section. (a) Design and Construction Costs, As used herein, any reference to "design and construction costs" shall be understood and construed broadly to include all ordinary or customary costs and expenses associated with the design, approval and construction of the Developer -Constructed Facilities and District -Constructed Facilities. Design and construction costs shall include, but are not limited to, all: (i) application, permit, plan -check and inspection fees; (ii) engineering, design, blueprint, plans and specifications fees or charges; (iii) contractor, subcontractor, supplies, labor, materials and equipment rental charges or costs; (iv) bonds, insurance, accounting, legal fees and project overhead costs or charges; (v) financing costs, loan fees, letter of credit fees, construction interest or other financing costs or charges; (vi) other costs, charges, expenses incurred by Developer including supervision and overhead expenses and (vii) the cost of all rights of way, easements and other real property interests required for the construction and use of the Facilities. • (b) Developer -Constructed Facilities. The term "Developer -Constructed Facilities" shall be as defined in Section 1.2 below. (c) District -Constructed Facilities. The term "District -Constructed Facilities" shall be defined as provided in Section 1.3 below. (d) Developer's Fair Share. The term "Developer's Fair Share" means that portion of the design and construction costs of the District -Constructed Facilities that is fairly allocable to the Developer as calculated in Section 7 of the Master Plan. The Developer's Fair Share (i) is forty-eight percent (48%) of the design and construction costs of the 1.7 MG storage reservoir, (ii) forty-six percent (46%) of the design and construction costs of the pump station and reservoir feeder lines (Legs 1, 2, 3 and 4) and (iii) forty-three percent (43%) of the design and construction costs of the Non -Potable Water System. (e) Mesa's Fair Share. The term "Mesa's Fair Share" means that portion of the design and construction costs of the District -Constructed Facilities that is fairly allocable to the Mesa as calculated in Section 7 of the Master Plan. The Mesa's Fair Share is (i) thirty-seven percent (37%) of the design and construction costs of the 1.7 MG storage reservoir, (ii) twenty percent (20%) of the design and construction costs of the pump station and reservoir feeder lines (Legs 1, 2, 3 and 4) and (iii) fifty-seven percent (57%) of the design and construction costs of the Non -Potable Water System. 0 9033313/10-28-92 3 • 1.2 Developer -Constructed Facilities. Developer agrees to install, or cause to be installed, for the benefit of District, the "Developer -Constructed Facilities" more particularly described below, in a good and workmanlike manner satisfactory to District, all in substantial conformity with (a) the plans and specifications covering the work, (b) the standard specifications and drawings for construction approved by District, (c) this Agreement and (d) the Master Plan. Subject to Paragraph 1.4 below, Developer will cause the Developer - Constructed Facilities to be designed and constructed and will furnish accurate "as built" plans. The Developer -Constructed Facilities will be built in Phases A, B, C and D as shown in the Master Plan (or such sub -Phases as may later be agreed upon), as reasonably required to provide construction and permanent water service to the corresponding phases of the Project. District shall have the right to ensure that the construction of each phase and/or segment includes adequate temporary or permanent conditions to the existing District facilities. The Developer -Constructed Facilities are as follows: + Potable Water Systems - All pipelines and pressure reducing valves within the Project limits (Phases A, B, C and D). - 12" pipeline between the 16" reservoir transmission line and the Project (Phase B). • - 12" Pipeline in Avenida Calita between the Project and the existing water line at Via de Agua/Avenida Calita (Phase A). - Pressure reducing valve at Via de Agua/Avenida Calita (Phase A). - Connections to existing system at the terminus of Valle Road (Phase D), the terminus of Via California (Phase A), the intersection of Via de Agua and Avenida Calita, and two locations within McCracken Hill (Phase C). + Non -Potable Water System All pipelines and valves within the Project limits (Phases A, B, C and D). Pipeline within La Novia Avenue from its existing terminus (Lusk) to the Project and temporary booster pumping station and temporary 8"invasion line for construction water. 1.3 District -Constructed Facilities. District agrees to install, or cause to be installed the "District -Constructed Facilities" more particularly described below, in substantial conformity with (a) this Agreement and (b) the Master Plan. 9033313/10-28-92 4 The District -Constructed Facilities are as follow: + Potable Water Systems - 1.7 MG reservoir adjacent to Meredith Canyon within City -awned property. - Booster pump station adjacent to La Novia Avenue within Tentative Tract 14343. - Pipelines connecting the above booster pump station to existing water lines in La Novia Avenue and San Juan Creek Road (Legs 1 and 2 as shown on Master Plan). - Pipeline connecting the above booster pump station to the reservoir (Legs 3 and 4 as shown on the Master Plan). + Non -Potable Water System Permanent booster pump station. Pipeline from the above booster pump station to the Developer - Constructed Facilities. The District -Constructed Facilities shall be completed as provided in this Section. Developer shall have the right to construct the Phase A improvements and occupy portions of the Project served by the Phase A improvements prior to District's completion of the District - Constructed Facilities in the Potable Water System. (a) Phase A. Prior to the District's approval of water improvement plans for Phase A, Developer shall deposit with the District the sum of $10,000 to be used toward the design of District -Constructed Facilities. Additional payments shall be made by the Developer on a monthly basis, with the total amount of all payments not to exceed the Developer's Fair Share and the Mesa's Fair Share of design costs. (b) Phase B. (i) Prior to the District's award of a construction contract for District -Constructed Facilities, Developer shall deposit with the District the sum of $10,000 to be used toward the construction of District -Constructed Facilities. Additional payments shall be made by the Developer as provided in Section 1.3(d) below, with the total amount of all payments not to exceed the Developer's Fair Share and the Mesa's Fair Share of construction costs. (ii) Prior to the District's award of a construction contract for District -Constructed Facilities, Developer shall provide to the District a Faithful Performance Bond or alternate security as described in Sections 7 and 8. The amount of the bond or alternate security shall initially be equal to 110% of the Developer's Fair Share and Mesa's Fair Share of District -Constructed Facilities, and shall be reduced in amounts equal to the payments by the Developer described above. (iii) No permanent water meters within Phase B will be installed by the District until completion of District -Constructed Facilities in the Potable Water System. 9033313/10-28-92 (c) Phase C. No permanent water meters within Phase C will be installed . by the District until completion of District -Constructed Facilities in the Non -Potable Water System. (d) Best Efforts. District agrees to use its best efforts to complete the design and bid of District -Constructed Facilities within 6 consecutive months following receipt of initial payment from Developer as described above. District agrees to use its best efforts to complete the construction of District -Constructed Facilities within 12 consecutive months following award of construction contract. (e) Developer Reimbursement of District -Constructed Facilities. Developer shall reimburse the District for Developer's Fair Share percentage and the Mesa's Fair Share of the design and construction costs of the District -Constructed Facilities. Reimbursement payments shall be made by Developer on a monthly basis within twenty (20) days of receipt of invoices from District for the Developer's Fair Share and Mesa's Fair Share of the actual design and construction costs of District -Constructed Facilities. 1.4 Acquisition by Financing District. In the event a Financing District or other public finance agency is utilized to construct or fund acquisition of all or any part of the Developer -Constructed Facilities, the District agrees to cooperate fully and execute all joint power agreements and/or joint facilities agreements with the Financing District, City or other appropriate governmental agency to effectuate timely construction and/or acquisition of the • Developer -Constructed Facilities. 1.5 Reimbursement for Mesa's Fair Share of District -Constructed Facilities . Developer will advance the Mesa's Fair Share of District -Constructed Facilities as provided in Section 1.3 above. Prior to approval of any water improvement plans to serve the Mesa, District agrees to require the developer of the Mesa to reimburse the Developer for the Mesa's Fair Share of District -Constructed Facilities plus interest at the rate of five percent (5%) per annum on all amounts advanced from the date of each such advance by Developer. 1.6 Relationship to Mesa Development. This Agreement anticipates that the Project will require water service prior to the development of the Mesa property. Should the Mesa property require water service prior to the Project, District will require the Mesa developer to enter into a water facilities agreement prior to the District's approval of water improvement plans for the Mesa. That Agreement will require the developer of the Mesa to pay for the Mesa's Fair Share and the Developer's Fair Share of all District -Constructed Facilities. Developer agrees to reimburse the Mesa developer for the Developer's Fair Share of District -Constructed Facilities prior to the installation of the first permanent water meter in Phase B of the Project. 1.7 Modifications to Master Plan. • (a) Developer -Constructed Facilities. Developer acknowledges that minor modifications to the Developer -Constructed Facilities may be required prior to approval of 9033313/10-28-92 6 0 0 . water improvement plans. These modifications will be limited to changes in pipeline sizes and alignments, and the location of control valves and pressure -reducing valves. (b) District -Constructed Facilities. Developer acknowledges that minor modifications to the District -Constructed Facilities may be required prior to approval of water improvement plans. These modifications will be limited to changes in pipeline sizes and alignments, and the location of the pump station. The sizes of the District -Constructed Facilities have been calculated based on the approved development plans for both the Project and the Mesa. If these development plans are revised at a future date, Developer acknowledges that the size of the District -Constructed Facilities shall be modified to accommodate the revised development plans, and that the Developer's Fair Share and the Mesa's Fair Share shall also be modified. Any such modification to the Master Plan shall use the same Average Day Demand per acre and method of calculation as that currently used in the Master Plan. 2. PAYMENT OF FEES AND DEVELOPMENT CHARGES. 2.1 Modifications to Development Charges. (a) Water Capacity Charge. Because the District has future obligations for approximately two-thirds of the facilities which are funded by the Water Capacity Charge, • modifications to this charge shall be allowed to account for actual costs or revised estimates of future costs. District agrees to notify the Developer thirty (30) days prior to any changes in the Water Capacity Charge, and Developer shall have the right to make payments in accordance with Section 2.3(a) of this Agreement. (b) Capital Improvement Charge. The Capital Improvement Charge shall be increased not more than once in any three month period at a rate not to exceed the increase in the Construction Cost Index as published in the Engineering News Record. (c) Storage Charge. The Storage Charge shall remain fixed for the term of this Agreement. (d) 'Plan Check and Inspection Fee. The Plan Check and Inspection Fee shall remain fixed for the term of this Agreement. (e) Meter Installation Charges. The Meter Installation Charges shall be paid at the rates then in effect throughout the District. Developer reserves the right to pay Meter Installation Charges in advance prior to any increase in charges. 2.2 No Additional Fees. District agrees that no other fees or charges of any kind, other than those described in Paragraph 2.3 below and Exhibit "C' hereto, shall be required from Developer in connection with the development of the Project. 0 9033313/10-28-92 7 0 0 2.3 Payment of Development Charges. (a) Water Capacily Charge. (1) Residential Construction. Prior to the approval of water improvement plans for each phase of residential construction, Developer shall pay to the District a portion of the Water Capacity Charge as described in Exhibit C. The charge shall be calculated based on the maximum day residential demand of each phase. (2) Non -Residential Construction. Prior to the approval of improvement plans for water distribution within a non-residential area, Non -Residential Builder shall pay to the District the Water Capacity Charge as described in Exhibit C. The charge shall be calculated based on the maximum day demand of the non-residential area. "Non -Residential Builder" is defined as the party submitting improvement plans for water distribution within a Non -Residential area. (b) Capital Improvement Charge. (1) Residential Construction. Prior to the approval of water improvement plans for each phase of residential construction, Developer shall pay to the District the Capital Improvement Charge as described in Exhibit C. The charge shall be • calculated based on the number of dwelling units or meters within each phase whichever is greater. (2) Non -Residential Construction. Prior to the approval of improvement plans for water distribution within a non-residential area, Non -Residential Builder shall pay to the District the Capital Improvement Charge as described in Exhibit C. (c) Storage Charge. (1) Residential Construction. Prior to the approval of water improvement plans for each phase of residential construction, Developer shall pay to the District the Storage Charge as described in Exhibit C. The charge shall be calculated based on the number of dwelling units within each phase. (2) Non -Residential Construction. Prior to the approval of improvement plan for water distribution within a non-residential area, Non -Residential Builder shall pay to the District the Storage Charge as described in Exhibit C. The charge shall be calculated based on the square footage of building area within the non-residential area. (d) Plan Check and Inspection Fee. Concurrent with the submittal of any water improvement plans, the Developer shall pay to the District one-half of the Plan Check . and Inspection Fee as described in Exhibit C. This initial portion of the fee shall be based 9033313/10-28-92 8 0 0 • on the engineer's cost estimate for construction of the submitted work. The remainder of the Plan Check and Inspection Fee shall be paid prior to approval of water improvement plans, and shall be based on the engineer's cost estimate for construction of the approved work. (e) Meter Installation Charges. Prior to the issuance of a City building permit, Developer agrees to pay a Meter Installation Charge as described in Exhibit C. The charge shall be calculated based on the number and size of water meters necessary to serve the permitted building(s) and irrigated area. 2.4 Notification to Future Land Owners. Developer agrees to notify all future buyers of all or a portion of the Project as to the need to pay certain development charges as described in this Agreement. 2.5 Extension of Facilities for Construction Water. No Development Charges, other than a Plan Check and Inspection Fee, shall be paid by the Developer for the design, plan check, and construction of any extension of facilities necessary to provide temporary construction water to the Project. 3. GUARANTEE OF WATER SERVICE. • The District hereby covenants and agrees to supply the Project with construction water as required by the Developer to install the Developer -Constructed Facilities and construct the Project in accordance with the Development Agreement and the development entitlements from the City. In addition, upon completion of the Developer -Constructed Facilities in phases or segments by the Developer pursuant to Paragraph 1.1 hereof, the District covenants and agrees to supply potable and non -potable water to the Project in an amount required to accommodate full build -out thereof as contemplated by Developer and in accordance with approved Development Agreement and entitlementsdubject to actions of outside agencies and acts of God (drought & other emergencies) that apply to entire District, subject, however, to actions of outside agencies and acts of God (drought and other emergencies that apply to the entire District. All consumption charges for water shall be at the then current rates in effect throughout the District. The District's commitment and guarantee to provide construction and permanent potable and non -potable water service to the Project is a material inducement and consideration of Developer's obligations herein. District recognizes that the supply of non -potable water may be inadequate to serve the Project's demands and therefore agrees to provide adequate potable water to serve the Project if necessary. 4. PERIOD OF AGREEMENT. 4.1 Term. The term of this Agreement shall be for ten (10) years unless the Agreement is earlier terminated or its term is modified pursuant to this section. 9033313/10-28-92 9 0 0 • 4.2 Modification of Agreement. This Agreement may be amended from time to time by the mutual consent of the parties but only in the same manner as its adoption by resolution of the Board of Directors of the Water District. 5. RIGHTS OF WAY/EASEMENTS. The parties acknowledge that usual and customary rights of way, easements or fee interest in property may be necessary or required to construct, maintain and operate the Developer -Constructed Facilities and District -Constructed Facilities. Developer agrees to provide usual and customary rights of way or easements across and under the Project at no cost or expense to the District. District agrees that any off-site (outside the Project) property rights or interests required for construction of the Developer -Constructed Facilities and the District -Constructed Facilities will be acquired by the District in a timely fashion by negotiation or condemnation. This includes any rights-of-way or easements required over the Mesa area. The full cost and expense of any such off-site acquisition shall be paid as part of the design and construction cost of Developer -Constructed Facility or District - Constructed Facility for which such acquisition was required. 6. DUTY OF COOPERATION: OPERATING MEMORANDA. District and Developer shall cooperate in good faith to design, fund and construct the . Developer -Constructed Facilities contemplated herein, which cooperation will include working with other governmental agencies and third parties. The parties acknowledge that the timely design, financing and construction of the Developer -Constructed Facilities will require ongoing cooperation and joint efforts. From time to time, it may be desirable to document agreed procedures, designs, schedules or other implementation measures by way of written operating memoranda or memoranda of understanding. Such memoranda are intended to implement this Agreement, and are not intended to be inconsistent with this Agreement. Such memoranda shall refer to this Agreement and may be signed by the authorized management representative of each party and do not require further amendment or modification of this Agreement. This Section 6 is intended to be construed broadly to effectuate the myriad of day to day technical and implementation decisions to be handled at District staff level. 7. FAITHFUL PERFORMANCE BOND. Prior to the approval of improvement plans for construction of any Developer - Constructed Facility pursuant to this Agreement, Developer shall furnish and deliver to District a faithful performance bond acceptable to the District in an amount equal to 110% of the estimated cost of work being undertaken. The bond shall be furnished by a surety company satisfactory to the District. Bond shall remain in effect during one-year warranty period. 9033313/10-28-92 10 0 • 8. ALTERNATE SECURITY. In lieu of the bonds provided for in Sections 1.3(b) or 7 above, Developer may furnish District with the following alternate security for each portion or phase of Developer - Constructed Facilities: (a) Adequate evidence of the establishment of a Financing District which includes Developer's Fair Share of the facilities as items the cost of which will be borne by the Financing District, and for which bond proceeds will be available; or (b) An Instrument of Credit or an agreement of deposit as security for the faithful performance of this Agreement in an amount not less than one hundred and ten percent (110%) of the estimated costs of work being undertaken. 9. ACCEPTANCE OF WORK. Acceptance of the work shall be on a phase -by -phase basis as such phases or sub -phase of the Developer -Constructed Facilities are completed. From and after acceptance of any phase or sub -phase the work or improvement shall be owned and operated by District. District agrees to promptly accept all phases or sub -phases of completed Developer - Constructed Facilities. . 10. WARRANTY. The Developer shall cause the contractor to guarantee all work for a period of one (1) year after the date of acceptance of the work by the District and to repair and replace any and all such work or improvement, together with any other work or improvement which may be displaced in so doing, that may prove defective in workmanship or materials or both within the one (1) year period from date of acceptance, without expense to the District, ordinary wear and tear and unusual abuse or neglect excepted. 11. MANUFACTURER'S WARRANTY. Developer shall cause the contractor to furnish District all appropriate guarantees or warranty certificates including those extended warranty certificates from manufacturers or suppliers upon completion of the Developer -Constructed Facilities or any portion thereof. 12. ENFORCED DELAY, EXTENSION OF TIME OF PERFORMANCE. Neither party shall be deemed to be in default where delays, defaults or breaches are due to war, insurrection, strikes, walkouts, riots, floods, earthquakes, fires, casualties, acts of God, unavailability of materials, governmental restriction imposed or mandated by governmental entities (other than District), suspension of rights in accordance with the existence or unforeseen circumstances, litigation or similar bases for excused performance. 9033313/10-28-92 11 0 If written notice of such delay is given to the other parry within thirty (30) days following the commencement of such delay, an extension of time for performance shall be granted in writing for the period of the delay, or longer as may be mutually agreed upon. An extension shall commence to run from time of commencement of the cause of the delay. 13. INCORPORATION OF RECITALS. The Recitals set forth at the beginning of this Agreement constitute a part of this Agreement and are hereby incorporated by reference as true and correct. 14. MISCELLANEOUS PROVISIONS. 14.1 Attorney's Fees. In the event of any legal or equitable proceedings or arbitration to enforce or interpret the terms and conditions of this Agreement, the prevailing parry shall be entitled to all reasonable attorney's fees and costs in addition to any other relief granted by law. This provision shall apply to the entire Agreement. 14.2 Entire Azreement. This Agreement, together with all the exhibits attached to this Agreement, contain all of the representations and the entire understanding between the parties with respect to the subject matter of this Agreement. Any prior correspondence, memoranda or agreements, or other documents of any ldnd, whether or not such correspondence, memoranda, agreements or documents are in conflict with this Agreement are intended to be replaced in total by this Agreement or its exhibits. 14.3 Assignment. The rights and obligations of the Developer under this Agreement may be assigned in writing in whole or in part as part of an assignment of all or a portion of the Property. Any assignment shall be subject to the provisions of the Agreement and to the prior written consent of the District, which shall not be unreasonably withheld. During the Term, any assignee shall have those rights, benefits, and obligations of the Developer under this Agreement as expressly assigned with respect to the portion of the Property owned by assignee. Immediately upon delivery by the Developer to the District of the assignee's written assumption of the Developer's rights and obligations under this Agreement with respect to any portions of the Property being assigned, the Developer shall be released from all obligations as to any portions of the Property so assigned. All forms of use of the verb "assign" and the nouns "assi ng ment" and "assignee" shall include all contexts of hypothecations, sales, conveyances, transfers, leases, and assignments. 14.4 Binding Effect. Subject to the provisions of Section 2.1, the burdens of this Agreement shall bind and the benefits of the Agreement shall inure to the parties, successors, heirs and assigns. Nothing contained herein, however, shall be construed to establish on behalf of any successor in interest (except as may otherwise be provided by agreement of the parties) any right to enforce the obligation remaining between the District and Developer following an assignment in accordance with the provisions of Paragraph 2.1. 0 9033313/10-28-92 12 0 14.5 Applicable Law. This Agreement and any disputes relating to this Agreement shall be construed under the laws of the State of California. 14.6 Notices. All Notices required or provided for under this Agreement shall be in writing and delivered in person or sent by registered mail, postage prepaid, return receipt requested, to the principal offices of the District and Developer. Notice shall be effective on the date delivered in person, or the date when the postal authorities indicate that the mailing was delivered to the address of the receiving party indicated below: NOTICE TO DEVELOPER: NOTICE TO DISTRICT: Pacific Point Partners, L.P., 650 Town Center Drive Suite 1900 Costa Mesa, CA 92626 Attention: Michael J. Schlesinger nITS I Thomas A. May, Esq. Luce, Forward, Hamilton & Scripps 600 West Broadway, Suite 2600 San Diego, CA 92101 General Manager Capistrano Valley Water District 32450 Paseo Adelanto San Juan Capistrano, CA 92675 Such written notices, demands, correspondence and communications may be sent in the same manner to such other persons and addresses as either party may from time to time designate by mail as provided in this Section. A party may change its address by giving notice in writing to the other party and thereafter notices shall be delivered or sent to such new addresses. 14.7 Exhibits. The following exhibits and appendix are attached hereto and incorporated herein by this reference. Exhibit Description A Legal Description of the Project B Phasing and Construction Plan -- Pacific Point Development Agreement C Schedule of Fees 9033313/10-28-92 13 • • • 0 0 CJ Description Master Plan - Potable and Non -Potable Water System 14.8 Relationship of the Parties. The contractual relationship between District and Developer arising out of this Agreement is one of independent contractor and not agency. DISTRICT: Approved as to form and conten By: , zc4t Water DistrictCounsel u/aY4� Attest: By: istrict Clerk 9033313/10-28-92 14 DEVELOPER: PACIFIC POINT PARTNERS, L.P., a California limited partnership By: ONE CHESTNUT, INC., a Delaware corporation, General Partner ���, By4/! �= "ri Its: