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1999-1207_CAPO VALLEY BAPTIST CHRISTIAN SCHOOL_Agreement
THIS AGREEMENT, dated this December 7, 1999, by and between CAPISTRANO VALLEY BAPTIST CHRISTIAN SCHOOL, hereinafter called "Developer", and CITY SAN JUAN CAPISTRANO, hereinafter called "City". THIS AGREEMENT, shall be administered by the CITY OF SAN JUAN CAPISTRANO, in accordance with Resolution No. 97-10-7-1. WITNESSETH: WHEREAS, Developer wishes to obtain water services from the CAPISTRANO VALLEY WATER DISTRICT, hereinafter called "District" for property known as CAPISTRANO VALLEY BAPTIST CHRISTIAN SCHOOL, 32032 Del Obispo, SJC, CA, and District requires the construction and dedication of water facilities by Developer as a condition of providing said water services; and WHEREAS, Developer has prepared and submitted to District a set of improvement plans for said water facilities, and WHEREAS, District desires to insure that said water facilities are installed in accordance with District's standards and specifications. NOW, THEREFORE, it is hereby agreed by and between Developer, City and District that: I. CONSTRI ICTION AND COMPLETTON 1. Developer shall, at its sole cost and expense, construct and install within twenty-four (24) months from the effective date of this Agreement, all of the water facilities shown and delineated upon the improvement plans entitled "UTILITY PLANS for CAPISTRANO VALLEY BAPTIST CHRISTIAN SCHOOL" as approved by 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 0 0 Agreement for Construction of Water Facilities Capistrano Valley Baptist Christian School (SP -236) December 7, 1999 fully set forth herein. 2. Developer shall construct said water facilities in accordance with the approved plans, District's standard specifications and under City's inspection, and shall indemnify and hold harmless all officers, employees and agents of the City and District from and against all claims, damages, losses and expenses, including attorneys' fees, arising out of or resulting from the performance of the work, and caused in whole or in part by any negligent act or omission of Developer, Contractor, or any Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. 3. If Developer has not completed the work within twenty-four (24) months from the effective date of this Agreement, District has the right to call the security for f tithfiil perfor- mance and complete the work Any work performed after said twenty-four (24) months, whether by Developer, District, or others, shall be in accordance with District's standard specifications in effect as of the time the work is performed 4. The security shall remain in effect for a minimum of 365 consecutive calendar days after all the water facilities have been completed and accepted by District, and shall continue in effect until exonerated in writing by District. It shall be incumbent upon the developer to renew the security prior to its expiration. 1. Developer hereby expressly agrees that no water shall be used by Developer, or by Contractor or any Subcontractor, for construction purposes except through a meter provided by District. Developer acknowledges that Section 499 of the California Penal Code provides that 0 0 Agreement for Construction of Water Facilities Capistrano Valley Baptist Christian School (SP -236) December 7, 1999 unauthorized use of water is a misdemeanor, and District hereby states its intent to strictly enforce said Penal Code Section. 2. In addition to any criminal penalties, and not as a substitute therefore, District will charge Developer, and Developer agrees to promptly pay District, $500.00 per day for unmetered use of 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. 3. Temporary construction meters shall be provided to Developer by District at the rental rate existing at the time such meters are provided The use of "jumpers" is expressly prohibited 4. Developer shall notify District as soon as it is reasonably practical to install any permanent meter, and District shall provide and install same as soon thereafter as reasonably possible. The foregoing notwithstanding, the District may install any meter when District determines it is desirable to do so. III .a: -11 011 OM gotI:Y 1 1. Developer shall, prior to the permanent water service being provided to said property, pay District the following sums: (a) $3,113.76 for the costs of District's plan review, inspection of construction and the control thereof, and for the testing of materials, which sum is based upon the estimated construction cost of $47,904. (b) $16,705 for Capital Improvement Charges ($1.30 per square foot of building area), which sum is based upon 12,850 square feet. (c) $1,028 for Water Storage Charges ($0.08 per square foot of building area). 2. In addition to the above sums, a surety bond to secure the faithful performance of this Agreement in the stun of $28,490 shall be posted with .,,,,.T..-..1 n__, Agreement for Construction of Water Facilities Capistrano Valley Baptist Christian School (SP -236) December 7. 1999 the District. 3. When additional buildings on this property are constructed, Capital Improvement Charges, Water Storage Charges, Meter Fees, and any other applicable charges for the additional development shall be paid prior to additional service being provided. ►YY Developer hereby guarantees the materials and the workmanship of the water facilities for a period ending 365 consecutive calendar days after the acceptance of said water facilities by District, and hereby agrees to reimburse 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 1. Developer hereby offers to dedicate to District the water facilities together with necessary easements. 2. Upon completion of the construction in accordance with the improvement plans and specifications and the dedication of the necessary easements, District agrees to accept the water facilities, whereupon said water facilities shall become property of District. 3. The terms of this Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. 4. Should either party be required to enforce any of the terms of this Agreement, it is agreed that the prevailing party shall be entitled to costs and reasonable attomeys' fees. I► 6191 , : ► let MAWIN 1►IDIM] u10411� • 1111 1"1 1"Y• / Agreement for Construction of Water Facilities Capistrano Valley Baptist Christian School (SP -236) December 7, 1999 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 • $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period §Tu 6 ZIM _ i For, e 871M. � a 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 property damage; • $500,000 injury to one person/any occuffence/not limited to contract. • $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period 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. Agreement for Construction of Water Facilities Capistrano Valley Baptist Christian School (SP -236) December 7, 1999 Developer shall provide an endorsement to District establishing that District has 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 attome}es fees. VA-110offe-FNE"I►`l �I`j. :I� Developer will maintain a business license to do business in the City of San Juan Capistrano. 11 1►D ' im I Ol a ►Y MCI M 0 N I 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. I\D ul►1 111 Developer shall be responsible for all injuries to persons and for damages to real or • 0 Agreement for Construction of Water Facilities Capistrano Valley Baptist Christian School (SP -236) December 7, 1999 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 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. 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. N : O • : LN wa WONI If a judicial action is required to resolve a dispute arising under this agreement or to otherwise enforce any provision of this agreement, then the prevailing party shall be entitled to reimbursement for reasonable attorney's fees and costs from the other party. 0 0 Agreement for Construction of Water Facilities Capistrano Valley Baptist Christian School (SP -236) December 7, 1999 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, consisting of eight pages, on the above date. CAPISTRANO VALLEY BAPTIST CHRISTIAN SCHOOL 32032 Del Obispo San Juan Capistrano, CA 92675 By: Donna Lattimer, Corporate Secretary Date Signed (Attach Notary Acknowledgment) W:U4G\DVLMS VCMW1RAGM Doc CITY OF SAN IUm APPROVED AS TO FORM: By: CITY ATTORNEY MOSMISCMIM1211M CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of OAIpfn)a.. County of Dral �t '' .. II�� ,��JJ �j On It�`7 Iq before me, �lmillG- & til ioICU V ge I Date Name and Title of Officer (eg.,'Jane Ooe, Notary Pubbq') personally appeared L"Kif i t li Lu I I Il Name(a) of Slgnsr(a) rsonally known to me - OR -'- proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by CMMINt WND his/her/their signature(s) on the instrument the person(s), call a" 61111um or the entity upon behalf of which the persons) acted, N1*W FU le—Clt l executed the instrument. MrCmrn �INP�� WITNESS my hand and official seal. hQ Signator of Notary Public 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 Document Title or Type of Documents Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by,S'i_gnerl Signer's Name:" -b" a 1 -lJT7t' Y,1— ❑ Individual Corporate Officer Title(s): 006-66 �e S;--Cf�`�!-rt� LJ Partner — ❑ Limited EJGeneral C Attorney -in -Fact C Trustee LJ Guardian or Conservator ' Other: Top of thumb here Signer Is Representing: Number of Pages: 9 Signer's Name: C Individual L J Corporate Officer Title(s): C Partner — CI Limited ❑ General -J Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator C Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Q 1995 National Notary Association • 8236 Rommel Ave., P.O. Box 7184 • Canoga Park, CA 91309-]184 Prod No. 5907 Reorder: Call Toll -Free 1-800-8]6-F COWIN ---a* vwtcA IMM.&Qwwdw • 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493.1053 (FAX) m 1vsv. sanjuancapistrano. org July 9, 2002 VAN IIDf11MR1 Duulsnl � 1961 1776 Capistrano Valley Baptist Christian School 32032 Del Obispo Street San Juan Capistrano, California 92675 MEMBERS OF THE CITY COUNCIL DIANE L SATHGATE CoU CAMPBELL JOHN S- GEtFF WYAIT HART DAVID M. SWEROLM CITYMANAGER GEORGESCARBOROUGH RE: Compliance with Insurance Requirements - Construction of Water Facilities The following insurance documents are due to expire: V General Liability Certificate 7/31/2002 General Liability Endorsement naming the City of San Juan Capistrano and the Capistrano Valley Water District as additional insureds. Y Automobile Liability Certificate 7/31/2002 Y Workers Compensation Certificate 7/31/2002 V Other Information: Please list the City of San Juan Capistrano and the Capistrano Valley Water District as certificate holders 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. SinMawn cerelly�,q� MUSchanderl Deputy City Clerk cc: Craig Harris Kathleen Springer San Juan Capistrano: Preservir, , b U0 use Ia I ACORD„�A:� DATE IMM/DD YYI8/28/01 PRODUCER 760-740-2040 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ROBERT F.-DRIVER COMPANY, INC. 420 SOUTH BROADWAY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ESCONDIDO, CA 92025 COMPANIES AFFORDING COVERAGE COMPANY A CGU INSURANCE LICENSE #OC36861 INSURED Double D Pipeline, Inc. COMPANY B STATE COMPENSATION INS. FUND 42166 Rio Nedo COMPANY Temecula CA 92590 C COMPANY D 'Ov ... ... .. .. 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 Yy DATE (MM/DDNY) POLI , XP RA POLICY EXPIRATION FIAIE M111D1T1i0YN LIMITS • GENERAL UABILITY CPP125027300 7/31/01 7/31102 GENERAL AGGREGATE 4; 2000000 COMMERCIAL GENERAL LIABILITY PRODUCTS - COMPJOP AGG $ 2000000 PERSONAL & ADV INJURY 4; 1000000 CI-AIMS MADE El OCCUR EACH OCCURRENCE $ 1000000 X OWNER'S & CONTRACTOR'S PROT FIRE DAMAGE iAnv one fire) 1=11I.--300-000 MED EXP (AVY one Neon) s C4 10000 • AUTOMOBILE LIABILITY BA033018300 7/31/01 7131/02 COMBINED GR C�) X ANY AUTO !31000000 BODILY INJURY_. (Per person);-, ALL OWNED AUTOS SCHEDULEDAUTOS X X HIRED AUTOSLD NON-OWNED AUTOS rn BODILY INUUaV- Wer X,.id.nij PROPERTY DAMAGE C5 GARAGELIABILITYL G AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: AIABILIUTOTY ANY AUTO EACH ACCIDENT $ 1 AGGREGATE $ A LIABILITY CUB020439000 7/31/01 7/31/02 EACH OCCURRENCE $ 4000000 -EXCESS X UMBRELLA FORM AGGREGATE $ 4000000 OTHER THAN UMBRELLA FORM B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 1647429 7/31101 7/31102 X V%RV LIMITS C STATU OTH- :I I ER EL EACH ACCIDENT $ 1000000 THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE EL DISEASE- POLICY LIMIT $ 1000000 EL DISEASE - EA EMPLOYEE $ 1000000 OFFICERS ARE: EXCL OTHER * 10 DAY NOTICE OF CANCELLATION 1FOR NON PAYMENT OF PREMIUM DESCRIPTION OF OPERATIONSILOCATIONSNEHICMSISPECIAL ITEMS RE: CAPISTRANO VALLEY BAPTIST CHRISTIAN SCHOOL. ADDITIONAL INSUREDS NAMED PER ATTACHED ENDORSEMENT WITH PRIMARY WORDING THIS CANCELS AND RLACES ;L ATTN: CRAIG HARRIS CERTIFICATE ISSUED- 0 .... . . ... .. . . . . . . ...... . . .... .. . . .. ....... ..... . .. .... . 7_ ..... CITY OF SAN JUAN CAPISTRANO & SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL CAPISTRANO VALLEY WATER DIST. 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 32400 PASEO ADELANTO BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY SAN JUAN CAPISTRANO, CA 92675 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTftIZED REPRESENZATIVE . . . . .... .. . . ... 411 P POLICY NUMBER: CPP125027300 COMMERCIAL GENERAL LIABILITY NAMED INSURED: DOUBLE D PIPELINE, INC. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY 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: CITY OF SAN JUAN CAPISTRANO & CAPISTRANO VALLEY WATER DISTRICT 32400PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92676 RE: CAPISTRANO VALLEY BAPTIST CHRISTIAN SCHOOL 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. PRIMARY INSURANCE CLAUSE It is agreed that such insurance as is afforded by this policy for the Benefit of the Additional Insured(s) shown shall be primary insurance, and any other insurance maintained by the Additional Insured(s) shall be excess and non-contributory, but only as respects any claim, loss or liability arising out of the operations of the Named Insured(s) or it's subcontractors. CG 20 10 11 85 Copyright, Insurance Services Offices, Inc. 1984 08/$8/2001 07:55 FAX 7607402069 ROBERT F DRIVER CO 16 002 �L p 4R F �W". W Ei i � Z E �!�1,�,!!tpW� 1-./Y /7D Y °+' Yd.EREV'bx'" C`I}Ir"'E� II`y:Y;: EI. e.R v ,...,,,,, 1.-. rrs ...ww .- L.,.T, .,.., w.I p, PPpDucER 760-740-2040 ROBERT F. DRIVER COMPANY, INC. ! k ... 4.���,wy �R �hMLp�'�, =M���5'•_Cn•: DATE IMM/DD/'/YI.. 15'T3. '1* ¢w". -"k' 7n+.u'r 4 8/28!01 ,:�a,Rr:-, a., S, L"VnXs..E.,.I i'tw'L.YE 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 420 SOUTH BROADWAY ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE _ ESCONDIDO, CA 92075 COMPANY CGU INSURANCE A LICENSE #OC36861 INSURED Double D Pipeline, Inc. COMPANY B STATE COMPENSATION INS. I!UND COMPANY f C :'�!' " '� vh l/ ecl 42166 Rio Nedo Temecula CA 92590 COMPANY D r �l 3! I iefBIr B 3 �k :r'R x: i';. %LwR 1+ F 'L'�� Sir Y,C, aiYY, iY,'y7.i�xl,i 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 REOUMEMENT, 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. TYPE OF WSURABCE POLICY NUMBER POUCY EFFECTIVE IMMIDDIYq POLICY EXPIRATION DATE IMAIRIOM•I UNITSDATE A GENERAL UABILNY CPP126027300 7/31/01 7131102 GENERAL AGGIREGATE S 2000000 PRODUCTS • COMF/OP AGG E 2000000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE a OCCUR PERSONAL ADV INJURY F 1000000 EACH OCCURRENCE 4 1000000 X OWNER'S& CONTAACTOR'S PROT FIRE DAMAGE I", One&,EI E 100000 MED EXP (Any one pgrson) 10000 A AUTOMOEILFUASILITY X ANY AUTO BA033018300 7/31/01 7/31/02 COMBINED SINGLE LIMIT 1000000 BODILY INJURY L IPS wr%IPl ALL OWNED AUTOS SCHEDULED AUTOS COUNT INJURY IPE, 60:49.0 X X HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAO, 4 G_ RAGE LIABILITY AUTO DAILY - FA ACCIDENT E OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT L ALiGREGATE E A CUS020439000 7/31101 7/31102 EACH OCCURRENCE 4 4000000 AGGREGATE E 4000000 MtsstIAFRJTY UMBRELIA FORM _ OTHER THAN UMBRELLA FORM B WIDOWERS COAMEN6ATION ANO 1647429 7/31/01 7/31/02 YDFy'TL u oTH.-I X TORY IMTEa EL EACH ACCIDENT s 1000000 EMPLOYERS' UAMUTY EL DISEASE - POLICY UANT E 1000000 THE PROPRIETORI INCL PARTNERBIEXECUTIVE OFFICERS ARF: EXCL EL DISEASE -EA EMPLOYEE E 1000000 OTHER • 10 DAY NOTICE OF CANCELLATION FOR NON PAYMENT OF PREMIUM' DESCRIPTION OF OPERATIONSAOCAnONSNMICIESISPECIAL ITEMS RE: CAPISTRANO VALLEY BAPTIST CHRISTIAN SCHOOL. ADDITIONAL INSUREDS THIS CANCELS AND R PLACES NAMED PER ATTACHED ENDORSEMENT WITH PRIMARY WORDING D/ ATTN: CRAIG HARRIS CERTIFICATE ISSUED RRCC a �YLE ,�,[E "„xx o. 61.f,. ""yb�9�•1 �V ' E� ,I.0 c !!�� yy 1 I!t Bd! 1 Pr ly I"R � tY -i II 11 - ,�:h' CITY OF SAN JUAN CAPISTRANO & $NOYLO ANY OF THE ABOVE MSCNISED POLICIES BE CANCELLED BEFORE THE UPIRATION DATE THEREOF. TNf ISSUING COMPANY WILL ENDEAVOR TO MAIL CAPISTRANO VALLEY WATER DIST, 30 *AYE WNnEH NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LER. 32400 PASEO ADELANTO BUT FAILURE TO MNL SUCH NOTICE SMLL IMPOSE NO OBLIGATION OR LIABILITY SAN JUAN CAPISTRANO CA 92675 BF ANY RIND UPON THE COMPANY Ira AcaEts oR REPRESENTATIVES. Avrfpzio IEPRES TIVE ".A J �1� 11 Y31 4R ''. 110 1 E111N (IP M✓t` (I' ...Y-. _. ,.. .. ...1..... z-ZtkJEE. .i._... ,�, ?' �� .as �a. "u�,'a •. �.._a. d53. '4r. ;, ..`' ,RF.aPwn'EL�%i`''E88.., _08/28/2001 07!56 FAX 7607402080 ROBERT F DRIVER CO 0 17J 16003 • POLICY NUMBER: CPP125027300 COMMERCIAL GENERAL LIABILITY NAMED INSURED' DOUBLE D PIPELINE, INC. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS (Farm B) THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CITY OF SAN JUAN CAPISTRANO 3 CAPISTRANO VALLEY WATER DISTRICT 32400 PASCO ADELANTO SAN JUAN CAPISTRANO, CA 92676 RE: CAPISTRANO VALLEY BAPTIST CHRISTIAN SCHOOL if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the schedule, but only with respect to liability arising out of "your work" for that insured by or for you. PRIMARY INSURANCE CLAUSE It is agreed that such insurance as is afforded by this policy for the Benefit of the Additional Insured(s) shown shall be primary insurance, and any other insurance maintained by the Additional Insured(s) shall be excess and non-contributory, but only as respects any claim, loss or liability arising out of the operations of the Named Insured(s) or it's subcontractors. CG 20 1011 85 Copyright, Insurance Services Offices, Inc. 1984 32400 PASEO ADELANTO SAN ,JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) www. sanjuancapistrano. o rg July 24, 2001 W. MEMBERS OF THE CITY COUNCIL DANE L. WHGATE JOHN S. GEFF JOHN GREINER MATT HART DAVID M. SWEROUN CITY MANAGER GEORGE SCARBOROUGH SECS: C,; a 4 1"A%UE1ST Capistrano Valley Baptist Christian School G I 1q - San I 32032 Del Obispo O -1 San Juan Capistrano, CA 92675 RE: Compliance with Insurance Requirements - Construction of Water Facilities The following insurance documents have expired: I General Liability Certificate 7/24/01 V General Liability Endorsement naming the City of San Juan Capistrano and the Capistrano Valley Water District as additional insureds. V Automobile Liability Certificate 7/24/01 I. Workers Compensation Certificate 7/24/01 Please submit updated documentation to the City of San Juan Capistrano, attention City Clerk's office, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 as soon as possible.. If you have any questions, please contact me at (949) 443-6310. Sincerely, X"91 -„ � Dawn M. Schanderl Deputy City Clerk cc: Craig Harris DRU! USE IS 9 ACORD�& OF LIABILITY INSU%NCECERTIFICAT iioosizoi PRODUCER (800)843-6054 FAX (9M5337-3265 Tom Cutler & Associates P. 0. BOX 658 Blue Jay, CA 92317 THIS CERTIFICATE IS rMVED 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 Capistrano Valley Baptist Church 32032 Del Obispo St San Juan Capistrano, CA 92675 INSURERA: GuideOne Insurance INSURER B: INSURERQ 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. INSRrypE LTR OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DDM/ POLICY EXPIRATION DATE (MM/DD/YY) LIMITS San Juan Capistrano, CA 92673 GENERAL LIABILITY 1195-299 12/19/2000 12/19/2001 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $ 1,000,000 CLAIMS MADE FYI OCCUR MED EXP (Any one person) $ 5,000 A PERSONAL S ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 3,000,000 17 POLICY PRO LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) BODILY INJURY ALL OWNED AUTOS SCHEDULED AUTOS (Per person) $ BODILY INJURY $ HIRED AUTOS NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR FICLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND 1207-683 12/31/2000 12/31/2001 X I Tw&, LIMITSER EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ 1,000,000 A E.L. DISEASE - EA EMPLOYEq $ 1,000,00 E.L. DISEASE -POLICY LIMIT 1 $ 1,000,00 OTHER a c c DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS m e: contruction of water facilities ;_ o N m certificate holder is named as additional insured r r M z C2 z CERTIFICATE HOLDER X ADDITIONALINSURED; INSURER LETTER: A CANCELLATION —" ACORD 25S (7197) ©ACORD CORPORATION 1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL City of San Juan Capistrano and the 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Capistrano Valley Water District BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 32400 Paseo Adel anto OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. San Juan Capistrano, CA 92673 AURZEDR PRE NTATIVE ACORD 25S (7197) ©ACORD CORPORATION 1988 6 0 cv�5 Insureq; Capistrano Valley Baptist Church Policy Number: Commercial General Liability THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY 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: City of San Juan Capistrano Capistrano Valley Water District 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Re: Operations of named insured Construction of water facilities at 32032 Del Obispo Street (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 ll) 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. /.' &Y,Signature Authorized Representative CG 20 10 11 93 Copyright, Insurance Services Office, Inc. 1992 M ACORN CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YY) 07/24/00 PRODUCER 760-740-2040 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ' ROBERT F. DRIVER COMPANY, INC. 420 SOUTH BROADWAY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ESCONDIDO, CA 92025 COMPANIES AFFORDING COVERAGE LICENSE #OC36861 COMPANY A FIDELITY AND GUARANTY INSURED Double D Pipeline, Inc. COMPANY B NATIONAL UNION FIRE INS. CO. 42166 Rio Nedo Temecula CA 92590 CO PAN (�� COMPANY D 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 IN POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE IMM/DD/YY) LIMBS A GENERAL LIABILITY DRE24099GO 7/24/00 7/24/01 GENERAL AGGREGATE $ 2000000 PRODUCTS - COMP/OP AG $ 2000000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE ❑ OCCUR PERSONAL & ADV INJURY $ 1000000 EACH OCCURRENCE $ 1000000 X OWNER'S& CONTRACTOR'S PROT FIRE DAMAGE (Any one fire) $ 50000 MED EXP (Any one person( $ 5000 A AUTOMOBILE X LIABILITY ANY AUTO DRE2409800 7/24/00 7/24/01 COMBINED SINGLE LIMIT $ 1000000 BODILY INJURY $ (Per peron ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY $ (Per accident) HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT $ AGGREGATE $ B EXCESS LIABILITY BE7399176 7/24/00 7/24/01 EACH OCCURRENCE $ 4000000 AGGREGATE $ 4000000 X UMBRELLA FORM $ OTHER THAN UMBRELLA FORM A WORKERS COMPENSATION AND EMPLOYERSLIABILITY DRE2409700 7/24/00 7/24/01X Am- OH- WCY R EL EACH ACCIDENT $ 1000,00 THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE EL DISEASE - POLICY LIMIT $ 1000000 EL DISEASE - EA EMPLOYEE 1 $ 1000000 OFFICERS ARE: EXCL OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS AS RESPECTS ALL OPERATIONS OF INSURED. JOB: CAPISTRANO VALLEY BAPTIST SCHOOL, CERTIFICATE HOLDER TO BE NAMED ADDITIONAL INSURED PER ATTACH'D ENDORSEMENT. "'10 DAY NOTICE OF CANCELLATION FOR NON PAYMENT OF PREMIUM CERTIFICATE HOLDER CANCELLATION CITY OF SAN JUAN CAPISTRANO & SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL CAPISTRANO VALLEY WATER DIST. 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. 32400 PASEO ADELANTO BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY SAN JUAN CAPISTRANO, CA 92676 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTFRIZED REPRESEN TIVE ACORD 25-S (1/95) 10-27 ACORD CORPORATION 1988 Is 0 0 POLICY NUMBER: DRE2409900 COMMERCIAL GENERAL LIABILITY NAMED INSURED: DOUBLE D PIPELINE, INC. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY 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: CITY OF SAN JUAN CAPISTRANO & CAPISTRANO VALLEY WATER DISTRICT 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92676 RE: CAPISTRANO VALLEY BAPTIST CHRISTIAN SCHOOL (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. PRIMARY INSURANCE CLAUSE It is agreed that such insurance as is afforded by this policy for the Benefit of the Additional Insured(s) shown shall be primary insurance, and any other insurance maintained by the Additional Insured(s) shall be excess and non-contributory, but only as respects any claim, loss or liability arising out of the operations of the Named Insured(s) or it's subcontractors. CG 20 10 11 85 Copyright, Insurance Services Offices, Inc. 1984 ACORD, CERTIFIC E OF LIABILITY INS ANCE DATE (MNVDD YY) oz/zs/z000 PRODUCER (800)843-6054 FAX T909)337 -326S Tom Cutler•'& Associates P. Ow BOX 658 Blue-Jay,'CA 92317 THIS CERTIFICATEWISSUED 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 Capistrano Valley Baptist Church 32032 Del Obispo St San Juan Capistra, CA 92675 INSURER A'. GuideOne Insurance INSURER INSURER C: 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. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDD POLICY EXPIRATION DATE M1WDDNYj LIMITS GENERAL LIABILITY 1195-299 12/19/1999 12/19/2000 EACH OCCURRENCE $ 1,000,00 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $ 1,000,000 CLAIMS MADE FX I OCCUR MED EXP (Any one person) $ 5,000 A PERSONAL B ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 3,000,00 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMPIOP AGG $ 3,000,00 POLICY PRO- LOC ECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accitlent) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ BODILY INJURY $ HIRED AUTOS NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGELIABILITY AUTO ONLY - FA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR El CLAIMS MADE AGGREGATE $ $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEq $ E.L. DISEASE -POLICY LIMIT 1 $ OTHER c ty ago DESCRIPTION OF OPERATIONSILOCATIONSNEHICLEVEXCLUSIONS ADDED BY ENDORSEMENTISPECUIL PROVISIONS n �Y 'vnTn N m e: Construction of Water Facilities at 32032 Del Obispo Street ertificate holder is named as additional insured me p?y - G SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Capistrano Valley Water District Cof San Juan Capistrano 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn: City Clerks Office BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 32400 Paseo Adelanto OFANY KI UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. San Juan Capistrano, CA 92675 AUTHORIZE EPRESENTATIVE 4S A FAX: (949)493-1053 0 c '32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1 171 (949) 493-1053 (FA)O July 20, 2000 Capistrano Valley Baptist Christian School 32032 Del Obispo Street San Juan Capistrano, CA 92675 MEMBERS OF THE CITY COUNCIL DIANE L. BATHGATE COLLENE CAMPBELL JOHN GREINER WYATT HART DAVID M. SWERDLIN CITY MANAGER GEORGE SCARBOROUGH Re: Renewal of General Liability Automobile Liability and Workers' Compensation Certificates of Insurance and Endorsement Form (Construction of Water Facilities - 32032 Del Obispo Street) Dear Gentlemen: The General Liability, Automobile Liability and Workers' Compensation Certificates of Insurance, regarding the above -referenced project, are due to expire on July 24, 2000. In accordance with your agreement, the insurance certificates need to be renewed for an additional period of one year. The agreement requires a general liability endorsement form naming the Capistrano Valley Water District as an additional insured. Please forward the updated certificates and endorsement to the City, attention City Clerk's office, by August 3, 2000. If you have any questions, please contact me at (949) 443-6310. Thank you for your cooperation. Very truly yours, Dawn M. Schanderl Deputy City Clerk —� cc: Cheryl Johnson, City Clerk Craig Harris, Assistant Engineer DrIVa USE IS San Jttan Capistrano: Preservin„q the Past to Enhance the Future MEMORY TRANSMISSION REPORT • TIME JUL 31 12:47 TEL NUMBER 949-4934 NAME CITY OF SAN JUAN CAP NBR FILE DATE TIME DURATION PGS TO DEPT NBR MODE STATUS 069 02 JUL.31 12:46 00/44 2 9093373265 EC M OK PO &U 658 8Wa Jay, CA 92317 Phone: 000.043 606A Fax; 909,337.3785 Fm FR DN', ra= �>q ter7 Som me2r/ Clark Ift ICar flcate of Insurance 70 I hr.istine Boyd including cover O usem t 0 Mw Review ❑ PMANO Comment ❑ Ptouo bPb ❑ p6mem a @],"I- • Somnontm Please sea attached certmaate. If there are any corrections needed, please cantau our dflce. Originals will follow in the mall. i We nP�d acr er�C(Crsern�+�r RCL M l w,l V1av OAr)(Sirn r\0 \JA Il�ey WA*r V)iSH-i(24-as (.n aMC 4ional in cured HA\ve ?--,ikuoFfxf VtoqLcIreman�i per 6LgyNNrr607. -r "A r\ V U A7 1 - FILE No.073 07/31 '00 PM 03:11 ID:TOM CUTLER & ASSOCIATES FAX:9093373265 Insured: Capistrano Valley Baptist Church Policy Number: Commercial General Llablllty THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY 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. City of San Juan Capistrano Capistrano Valley Water District 32400 Paseo Adelento Sen Juan Capistrano, CA 92675 Re: Operations of named insured Construction of water facilities at 32032 Del Obispo Street (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) PAGE 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. Signature Authorized Representative CG 20 10 11 93 Copyright, Insurance Services Office, Inc. 1992 J. SAN J NCAASEO ADEISTR AN , MEMBERS C THE CITU COUNCIL SAN JUAN CAPISTRANQ CA 92675 COLLEGE CAMPBELL JOHN GREINER (949) 493-1 171 �1' nnrnuru GIL JO HART (949) 493-1053 (FAX) rmwmo 1961 DA IDM. 1776 DAVID M. SWERDLIN CITY MANAGER _ � GEORGE SCARBOROUGH December 9, 1999 Capistrano Valley Baptist Christian School 32032 Del Obispo Street San Juan Capistrano, California 92675 Re: Construction of Water Facilities Gentlemen: At their meeting of December 7, 1999, the City Council of the City of San Juan Capistrano approved the Agreement with your school for construction of water facilities. A fully - executed copy of the Agreement is enclosed for your files. We have received the bonds required by the Agreement. We have not yet received the insurance and liability endorsement required in Section 6 of the Agreement. Please forward those certificates to the City Clerk's office as soon as possible. Thank you for your cooperation. Please feel free to contact Craig Harris, project manager, at 487-4305 if you have any questions. Very truly yours, Cheryl John City Clerk Enclosure cc: Penco Engineering Engineering and Building Director (with enclosure) Craig Harris (with enclosure) onus use nz San Juan Capistrano: Preserving the Past to Enhance the Future APPROVAL OF CITY COUNCIL MINUTES The Minutes of the Regular Meeting of November 2, 1999, were approved as submitted. 3. RECEIVE AND FILE WARRANTS OF NOVEMBER 4 1999 (300 30) The List of Demands dated November 4, 1999, in the total amount of $678,280.48, was ordered received and filed. 4. APPROVAL OF DEVELOPMENT AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES -CAPISTRANO VALLEY BAPTIST CHRISTIAN SCHOOL (600.30) /1 I ` As set forth in the Report dated December 7, 1999, from the Engineering and Building Director, the Agreement with Capistrano Valley Baptist Christian School, providing for the installation of facilities as part of the school's expansion project, was approved for signature. The Mayor and City Clerk were authorized to execute the Agreement. 5. APPROVAL OF DEVELOPMENT AGREEMENT FOR CONSTRUCTION OF As set forth in the Report dated December 7, 1999, from the Engineering and Building Director, the Agreement with the Diocese of Orange, providing for construction of water facilities as part of the Center's expansion, was approved for signature. The Mayor and City Clerk were authorized to execute the Agreement. 6. ADOPTION OF RESOLUTION SETTING A DATE AND TIME FOR A PUBLIC HEARING REGARDING VACATION OF AN EASEMENT FOR SLOPE AND DRAINAGE PURPOSES, 28992 VIA ESCOLAR (WAYNE HELD/MISSION TIRE/SJHTC)(670.50) As set forth in the Report dated December 7, 1999, from the Engineering and Building Director, the following Resolution was adopted setting a public hearing for January 4, 2000, to consider vacating an easement for slope and drainage purposes within property at the southeast corner of Via Escolar and Rancho Viejo Road, which had been granted to the Transportation Corridor Agency during construction of the San Joaquin Hills Transportation Corridor and realignment of Rancho Viejo Road and subsequcntly transferred to the City upon completion of the Corridor: RESOLUTION NO. _ 99-12-7-2. INITIATING VACATION PROCEEDINGS -_28992 VIA ESCOLAR (WAYNE HELD/MISSION TIRE) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, INITIATING PROCEEDINGS TO VACATE AN EASEMENT FOR DRAINAGE AND SLOPE PURPOSES WITHIN ASSESSOR'S PARCEL NO. 650-001-30 LOCATED AT 28992 VIA ESCOLAR (WAYNE HELD/MISSION TIRE) The following item listed on the Consent Calendar was removed from consideration at the request of -'aff: City Council Minutes -5- 12(7!99 AGENDA ITEM TO: George Scarborough, City Manager FROM: William M. Huber, Director of Engineering & Building December 7, 1999 SUBJECT: Consideration of Agreement for Construction of Water Facilities — Capistrano Valley Baptist Christian School. RECOMMENDATION By Motion 1. Approve the Agreement for Construction of Water Facilities with Capistrano Valley Baptist Christian School. 2. Authorize the Mayor and City Clerk to execute the Agreement for Construction of Water Facilities. SITUATION A. Summary and Recommendation Capistrano Valley Baptist Christian School, the current owner/developer of the property known as 32032 Del Obispo has submitted a request to process an Agreement for Construction of Water Facilities. The agreement, as well as the water improvement plan, have been reviewed by the Engineering Division and were found to be in compliance with City and District standards and specifications. The dedication of easements for such water improvements is processed separately. All applicable fees outlined in this agreement were paid on September 27, 1999 and appropriate bonds have been submitted to the District. The developer has signed the Agreement for Construction of Water Facilities (Attachment 1) and the agreement is ready for Council consideration. B. Backaround The subject property is presently the existing Capistrano Valley Baptist Christian FOR CIN COUNCIL AGENE6 V �5 AGENDA ITEM • • Page 2 of 3 December 7, 1999 School. The school expansion project will include an additional commercial building totaling approximately 12,850 square feet. The Orange County Fire Authority has required the property owner/developer to construct on-site fire hydrants, water piping and two fire service assemblies in order to provide adequate fire protection for the proposed and future buildings within the subject property. The Agreement requires the developer to construct public water facilities for fire protection improvements for the project. The proposed on-site water system will be constructed as a private system, however certain off-site improvements are required in order to provide said on- site fire protection improvements. These off-site public water improvements will be constructed per the Agreement. Upon completion of the public water improvements and the dedication of the necessary easements, the District will accept the public water facilities. COMMISION/BOARD REVIEW, RECOMMEDATIONS The Capistrano Valley Baptist Christian School project has been previously reviewed and approved by the Environmental Administrator, Transportation Commission, Design Review Committee, Planning Commission and City Council. FINANCIAL CONSIDERATIONS All applicable fees have been paid and the required sureties posted with the City and District. There is no cost to the City or District associated with the construction of the public water system. Donna Lattimer, Capistrano Valley Baptist Christian School Ken Smith, Capistrano Valley Baptist Christian School Ronald Bundy, Penco Engineering, Inc. ALTERNATE ACTION By Motion: Approve the Agreement for Construction of Water Facilities and authorize the Mayor and City Clerk to execute the Agreement. 2. Do not approve the Agreement. 3. Refer to Staff for additional information W \F.W( \n VT,P\SPCVCS\AC&-.NnA.IW . AGENDA ITEM • • Page 3 of 3 December 7, 1999 By Motion: 1. Approve the Agreement for Construction of Water Facilities with Capistrano Valley Baptist Christian School. 2. Authorize the Mayor and City Clerk to execute the Agreement for Construction of Water Facilities. Respectfully submitted: William M. Huber, P.E. Director of Engineering & Building Prepared By: Craig L. Harris Assistant Engineer WMH/CH:clh Attachments: 1. Agreement for Construction of Water Facilities 2. Location Map W kFnrcanvr.M",wcvcsXnC�FmmA nnc i I ' �♦ CAMINO „u RATAB j' Dea>rEd in 'Ileac (3) 1]4p2 ---ib-- Cts 1 S BOND NO. B32645056 KNOW ALL MEN WHESE PRESENTS: Pr•um $570.00 That we Valley !khat C =di as principal and Gulf I n s u_r a n c e Company " Corporation, created, organized, and ezicting and by virtue of the laws of the State of C o n n P t i r u t _, duly lieansed to transact a general surety business in the State of California. as Surety. m held and f rngy bound to Ste CAPISTAANO VALLEY WATER =TRiC:. State of Cardornia. In th � T.a-ity h9bt 'Ilxxisard Fax Hinted Ninety & 00/100 ($ 2Br490.00) DOLLARS. lawful money of the United States of America. to be paid to the said District for whkh payment well and truly to be made we bind ourselves, our heirs, executers and successors, jointly and severalty. THE CONDITION OF THE FOREGOING OBLIGATION is such that whereas the above bounden Principal has agreed to do and perform the following. tO-wir C.rnsincl and instal ail of ma water facilities pursuant to Agrsement for Cznsz-tcicn of Water Facilities entered into on , 199_,, by and between CAPIS-PIANO VAILSY WATER =TR1CT, anc Can sbab Valley Ernst Car a :c:! .:t wnich is attacned hereto and made a part hereof. As -- CZ?1-.' 1n.e _cilgarcn sa %.r_d h_. _=y, end:n aedircn = :he aCa ?mcL•n;:tee_-:QC. ;Here snail be induced costs and reasonable expenses ana fees, including reasename attorney s saes. �ne_rred :v Caoistrsho Vailev Water Cisme. ah suecossvtly enforcdnq su=re abiigation. all ;o ce *2xad as :csts ane included ,n any ;uogment rancerae. Z. Said Surety. for vaius received, hereby stipulates and agrees mat no c::anga.=cter:sie•.+ -=.e. aneraticn. or moainczmon of ',ne contra=, boa menta -or of hO work :p be ;erarnec ereuncer. small in anv way affec i : obligations or —.is done, and it aces nerevy waive rcaea of any :ucr.:range. axtensien of :ire, aaerrtions or mcditicaacns a, =s =cccmer.:a :r :; "wcr:c:c be performed :.hereunder. NOW. THESE -CRE. the condition of this obligation is suet that if me bounden Prncpal shad. to the satisfac=on of the CAPISTAA+NC VAI L--= WATER DIS MIC i faitfa#ully and Frop*ny perrvrm ail cf _he ware aescttbed in said Agreement and in acc:rdance with the pians and specifications approved for said work and snail pay ail sums due for ail damages suffered by said Dis=ct by reason of faulty or defective work or the carelessness or negligence of said Principal and for 7te completion of any work not satisfactorily or property performed in accordance with the Agreemerrt between District and Principai, and guarantee all work for a period of one year arer accaotance in accprdanca with said Agreement, men, at the expiration c`. said guarpmee period, this cbligation snail be null and void: otherwise to remain in full farce and effect. IN WTTNESS WHEFIEDF said Principal and Surety have caused mis bond m be executed by their officars thereunto duly authorized this day efD933dXr 2001. BONn No. B32645056 PFJP=PAL• C3Pdr'tran VaLley Oath ISEAU By* hIf s ce Company SUREM (SEAQ By A�Om a� Hope Olsen Maiinq Address of Surety: 110 West "A" St.. Ste. 1805 c,,. Diggn CA 97701 (Executed in Tripii ma 10 0 GULF INSURANCE COMPANY HARTFORD, CONNECTICUT POWER OF ATTORNEY ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK. KNOW ALI MEN BY THESE PRESENTS: That the Gull Insurance Company, a corporation duly organized under the laws of the State of Connecticut, having its Principal office in the city of living, Texas, pursuant to the following resolution, adopted by the Finance & Executive Committee of the Board of Directors of the said Company on the 10th day of August, 1993, to wit "RESOLVED, that the President, Executive Vice President or any Ser-icr Vice President of the Company shall have authority to make, execute and deliver a Power of Altorney constituting as Attorney -in -Fact, such persons, firms, or corporations as may be, selected from time to time: and any such Attorney- if- Fact may be removed and the authority grant- ed him revoked by the President, or any Fxecunve Vice President, or any Senior Vice President, or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors. RESOLVED, Ihat nothing in this Power of Attorney shall be, construed as a gram of authority to the attorney(s)-in-fact to sign, execute, ackrowledge, deliver or otherwise issue a pnlicy or policies of insurance on behalf of Gulf Insurance Company. BESOLVER that the signature of the President. Executive Vice Pres dent or any Senior Vice President, and tie Seal of the Company xray oe affixed to any such Power of Attorney of any certificate relating thereto by lacsltnde. and any sack powers so executed and certified cy facsimile signature and facsimfd seal shall be vaud and d ii inn upon the Company in the future with respect to any bond and documents refadviq to such bond; to which they, are stained." Gulf Insurance Company does nereby make, constitute and appoint SHANNA SOLTANI GABBY ACOSTA ABEL ACOSTA HOPE OLSEN JAMES R. OLSEN ROSITA CICCOLINI SHAHESTA PHILIPS 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, as surety, any and all union and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the same extent as if any hands, undertakings and documents relating to such bonds and/of undertakings were signed by the duly authorized officer of the Gulf Inscrance Company and all the acts of said attorney(s)-in-fact. pursuant to the authof ity herein given, are hereby ratdied and confirmed. The obligation of the Company shall not exceed five million (5,000 000) dollars IN WITNESS WHEREOF, the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. 1sowANct CO GULF INSURANCE COMPANY 4 µPC yo O { SEAL 9 P STATE OF NEW YORK COUNTY 011 NEW YORK SS 00 's � EBlvc�Lawrence P. Miniter Executive Vice President On this 1st day of October, A.D. 2001, before me came Lawrence P. Miniter, known to me personally who being by me duly sworn, did depose and say: that he resides in the County of Bergen, State of New Jersey; that he is the Executive Vice President of the Gulf Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instruments is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. 01� SPATE OF NEW YORK SSCOUNTY OF NENV YORK David Jaffa Notary Public. State of New York No. 02JA4958634 Qualified in King, County Commission Expires Decemher 30, 2001 I, the undersigned, Senior Vice President of the Gulf Insurance Company, a Connecticut Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. Signecl and Seined al rhe Chv or New York. S�pANCE C 3 oy 4 ooPPCgy q j �F sZ SEAL ` � CC'r'NECT��JS Dated thhe` 3rd / f day of December 2p 02 George Biancardi Senior Vice President CALIFORNIA ALL -PURE& ACKNOWLEDGMENT • State of California County Of Los Angeles No. 5907 On December 3rd. 2001 before me, S. Philips - Notary Public DATE NAME, TrrLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC personally appeared Hope Olsen NAME(S) OF SIGNER(S) Q personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their .�� signature(s) on the instrument the person(s), rAs.°"' 17S 575738 3z or the entity upon behalf of which the _ o+orvP"� O '- person(s) acted, executed the instrument. �� Los M9e'es T,-. MY Com. ce'e, s Mar 5, 2702 WITNESS my hand ial s al. WGUATURtAdIFNOTARY tl OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TmE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ®C ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTTrY(IES) Qj f inc,tranra Cmmpany T DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION -11236 Remmet Ave., P.O. Box 7184 -Canoga Park, CA 91309.7180 • 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) www sanjuancapistrano. org January 11, 2002 �,, ate„ • �/ IUIIf0111U ernur¢I � 1961 1776 Ken Smith Capistrano Valley Baptist Christian School 32032 Del Obispo San Juan Capistrano, CA 92675 MEMBERS OF THE CITY COUNCIL DIANE L SATHGATE JOHN S. GELFF COLLENE CAMPBELL MATT HART DAVID M. SWERDLIN CITY MANAGER GEORGE SCARBOROUGH Re: Capistrano Valley Baptist Christian School, Water Improvement Bonds Dear Mr. Smith: The City has received a notice from the State Department of Insurance, Conservation & Liquidation Office, that "Frontier Insurance Company" is in the process of being liquidated, and that all sureties/bonds issued by this company will be canceled, in accordance with a recent court order extension, on January 30, 2002. Frontier Insurance Company has issued certain sureties associated with the subject project. The bond listed below was issued by Frontier Insurance Company for the construction of the subject water improvements. This bond was accepted by the City Council. It would require a City Council action to release or reduce such bond when the final sign -off and acceptance are approved by the City and District. Therefore, to avoid breach of the agreement it is necessary and required to replace such bond with equivalent sureties that would meet the minimum requirement stipulated in Section III of the Agreement for Construction of Water Facilities. SD00078832 Surety Bond for Construction of Water Facilities $28,490 Equivalent sureties/bond for the amount listed in the above must be submitted to the City by Friday, January 25, 2002 . Please contact me at (949)487-4305 should you have any questions regarding this issue. Very truly yours, Craig L. Harris Assistant Engineer enclosure cc: Amy Amirani Sam Shoucair Meg Monahan oauu use Is San Juan Capistrano: Preserving the Past to Enhance the Future 5-�Q? Ematted in �'HB (3) 1- BOND NO. SD00078832 KNOW ALL MEQP ESE PRESENTS: That we. VaLIW BTtist Cimrh as Principal. and FYLTItL$' R%mf1C Dm irsr m QJ. Corporation, created, organized, and existing and by virtue of the laws of the State of Cb1Jfrmia _, duly licensed to transact a general surety business in the State of Calftmis. as Survey, are held and firmly bound to the CAPiSTRANO VALLEY WATER DISTRICT, State of Caliiomia. in the sua as Zt.Biy Eight Inxerri Ftxs iixr1rgl Ninety & 00/100 ($ 28,490.00) DOLLARS, lawful money of the United States of America, to be paid to the said District for which payment well and truly to be made we bind ourselves, our heirs, executors and successors, jointly and severalty. TWE CONDITION OF THE FOREGOING OBLIGATION is such that whereas the above bounden PrincSbal has agreed to do and perform the following, to -wit: Construct and ins -ail all of the water facilities ,pursuant to Agreement for Cdns;:cction of Water Facilioes entered into on , 199 by and between CAPISTRANO VALLEY WATER LISTRICT, ana CW stsan VaLley Bxtttst Charh -1:y of wnich is attached hereto and made a part hereof. As= :arc z-. '"e caligation ae .red'^erxby, ;nd in additicn tc :he c3c3 _mcum _cec:= ec. there shall be included costs and reasonable expenses and fees, including reasonable &=mays ices, inc_rrsd jv Cacisrrsmo Vallev Water Cls:rict in succ3ssfully enforcing sucn obiigation, all cc be taxed as ensu and incwdea vn any 7Uagmen-, renccraa. 2. Said Surety, for value received, hereby stipulates and agrees mat no flange.-xmnsien cf um,.e. anaration, or modification of the contrset aorrments or df the work :o be percormec :nersncer. small in anv wav affect ils obligations or tris cone, :no it does nereoy waive nonce or 3nv :uca 3nange, extension of time, 3lterdt:ons or modifi=ticns of me acm.r2c: zc=rnsnffi Jr -oi -,vcn c :c he oerformed thereunder. NOW, THEREFORE. the condition of this obligation is such that if the bouncer Principal shail, to :he satisfaction of the CAPISTRANO VAL" WATER DISTRICT faithfully and properly perform ail of :he work described in said Agreement and in accordance with the puns and specifications accrdved for said work and shall pay all sums due for all damages suffered by said Metric, by reason of faulty or defective work or the carelessness or negligence of said Principal and for the completion of any work not satisfactorily or property performed in accordance with the Agreement between District and Frinc`pal, and guarantee all work for a ceriod of one year nicer acceptance in accordanc3 with said Agreement. then, at the expiration of said guarantee period, this -obligation shall be null and void: otherwise to remain in full force and effect. IN WITNESS WWEREOFsaid Principal and Surety have caused this bond to be executed by their of5cers thereunto duly authorized this day OfDa=bEl I29 9 , l ( . so# N4 PRINCIPAL.: Valley Baptist Qisxh ISEALI ey: SrWrifiilL: Mailing Address of Surety: (Executed in TripticaW Z ROMWER INSURANCE COMPANY (a California Company) 4250 Executive Square, Suite 200, La Jolla, California 92037 POWER OF ATTORNEY 9noW A('f (MCn 4?y 1�ryCSC �Prc$CRIIS: 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: JAMES R. OLSEN ROSITA CICCOLINI of Canoga Park , in the State of California 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 it such bond or undertaking was signed by the duly authorized officers of FRONTIER PACIFIC INSURANCE COMPANY, and all the acts of said Attomey(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed. alt Witness WlijCrC0f FRONTIER PACIFIC INSURANCE COMPANY of La Jolla, California, has caused this Power of Attorney to be signed by its Vice President and its Corporate seal to be affixed this 13th day of April 119 94 FRONTIER PACIFIC INSURANCE COMPANY .bas no s i6 ,vOPY BY: ' STATE OF CALIFORNIA) DAVID E. CAMPBELL, Vice President •....,�„�•^” COUNTY OF SAN DIEGO) On April 13, 1994 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 seat �` 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 31Ti day of [)gtjJPS , 1 ' n i�Pwvox�''iT4 (Document Printed On Recycled Paper: C.R.C. Rule 201 (d)) Joseph P. LOughill. Secretary o, 8i FM 19.50028 -FP (11/98) CALIFORNIA ALL•PURPA ACKNOWLEDGMENT • State of California County of Los Angeles On 12/3/99 DATE personally appeared before me, S. Philips - Notary Public NAME, TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC' James R. Olsen NAME(S) OF SIGNER(S) 91 personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. S. PHILIPS C s n7s�3R _ WITNESS my hand and official seal. ;yotzry Pub'.ic-California s - n_ An s1Fs County P -xN 'c, 7� <�–�p�—�� L SIGNATUREoFNOTARY OPTIONAL No. 5907 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 TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEYAN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENPTY(IES) FPLC DESCRIPTION OF ATTACHED DOCUMENT Utility Ferf. Bart TITLE OR TYPE OF DOCUMENT 4 NUMBER OF PAGES 12/3/99 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 RemnW Ave., P.O. Box 71114 • Canoga Pafk, CA 91309-7184 CALIFORNIA ALL -PURSE ACKNOWLEDGMENT Of State of California County of On December 7,? 39 beforeme, Courtland R. Braden. Notary Public Date Name and Title of Officer (e g.,'Jane Doe, Notary Public") personally appeared Ted Mooschekian Names) of 5lgneds) "A personally known to me – OR – ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), cotwnAdDR.91A M or the entity upon behalf of which the persons) acted, "rr� cO•1129M executed the instrument. 1-bliayRtle—CatiarMo OrvlOoC A* 10MV WITNESS my hand and official seal. Signature of Notary Public 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 Document Title or Type of Document: BOND SD00078832 Document Date: 3 December 1999 Number of Pages: 5 Signers) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual C Corporate Officer Title(s): C Partner —❑ Limited ❑ General 1,1 Attorney -in -Fact Trustee C Guardian or Conservator ❑ Other. Top of thumb here Signer Is Representing: Capistrano valley Baptist Church Signer's Naml C Individual C Corporate Office Title(s): Partner — ❑ Lin ❑ Attorney -in -Fact ❑ Trustee C Guardian or Cor ❑ Other: Signer 0 1995 National Notary Association • 8236 Rammer Ave- PO. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll -Free 1-600-876-6827 Bcrd Deated in 7i ee (3) iiiTnals BOND NO. SD00078832 KNOW ALL MEESE PRESENTS: • That we. Valley Baptist C=rh as Principal, iota Frcrt ler Pacific lnsurxm (b. Corporation, created, organized, and existing and by virtue of the laws of the State of C31; frvnia . duly licensed to transact a general surety business in this State of California. as Surety, ate held and firmly bound to the CAPISTRANO VALLEY WATER DISTRICT, State of California. in th- a,e ^f Tatty Eight 71iasaid Flus Haxked ninety & 00/100 ($ 28,490.00) DOLLARS, lawful money of the united States of America, to be paid to the said District for which Payment well and truly to be made we bind ourselves, our heirs, executors and successors, jointly and severally. THE CONDITION OF THE FOREGOING 013UGATION is such that whereas the above bounden P-ineioal has agreed to do and perform the following, to -wit: Construct and install all of the water facilities pursuant to Agreement for Consa-ucion of Water Facilities entered into on . 199_ by and between CAPISTRANO VALLEY WATER CISTRICT, and tyy]]ey F1atist airdi a :c u: which is attached hereto and made a part hereof. As _ oar, of the ccfigation sa _•red iteray, and in sedition to :he 431:3 _rncunt=cec:';ac. there shail be included costs and reasonable expenses and feta. including reasonaoia attomey s Tees. inc_rred jv Cacistr_no Vailev Water Cistriet'n successfully enforcing such obligation. all to be :axed as costs ane inciucea in any judgmen: rendered. Z. Said Sursty. for value received, hereby stipulates and agrees that no change. t ttsnsien cf erne, alteration. or modification of the contract aocumenw or of the work :o be perormec -nerecncer, small in anv way affect is obligations or tris cone, aria it cross nerecy waive notice of any :ucn mango, extensten of time, aitem'dons or modifications of :tee :cn:rac: acccment::r :f -,vc.:c:c be performed thereunder. NOW. THERE -ORF- the conaition of this obligation is such that if the bounden Principal shall, to the satisfac on of the CAPISTRANO VALLEY WATER DISTRICT faithfully and propuiy perforin ail of :he work aescribed in said Agreement and in acccroance with the pians and specifications aporaved 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 carelessness or negligence of said Principal and for the completion of any work not satisfactorily or property performed in accordance with the Agreement between District and Pnncipai. and guarantee all work for a period of one year after acceptance in accordanca with said Agreement. then, at the expiration of said guarantee pence, this obligation shall be null and void: otherwise to remain in full force and effect. IN WITNESS WHEREOF said Principal and Surety have caused this bond to be executed by their officers thereunto duly authorized this qday ofd 1299 . • 8O# NO m00078832 w PRINCIP �� Bab�r alnti (SEAL) By: SUNEI Y. Tnsur rr a pmt$}, f3EAU By: A Madirmy A ess of Surety: 101 Mast BmC}rHY #700 San 1bs3p, (A 92101 (Executed in Triplicate) 2 4L •� • SD00078832 =RONT/ER-_ INSURANCE COMPANY (a California Company) 4250 Executive Square. Suite 200, La Jolla, California 92037 POWER OF ATTORNEY Snow oAff Men 1131) Vfjese Tresent$: 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 Companyto 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 Attomey-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: JAMES R. OLSEN ROSITA CICCOLINI of Canoga Park , in the State of California 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 Attomey(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed. 3n 4llftness 01[jereof FRONTIER PACIFIC INSURANCE COMPANY of La Jolla, California, has caused this Power of Attorney to be signed by its Vice President and its Corporate seal to be affixed this 13th day of April '19 94 FRONTIER PACIFIC INSURANCE COMPANY °S ; STATE OF CALIFORNIA) •^•••:••. DAVID E. CAMPBELL, Vice President "••" COUNTY OF SAN DIEGO) On April 13, 1994 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 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, 1 have hereunto subscribed my name as Joseph P. Loughlin, Secretary, and affixed the Corporate Seal of the Corporation this 3rd day of DeC1 rnber 119 99 AW .w; (Document Printed On Recycled Paper: C.R.C. Rule 201(d)) Joseph P. Loughlin, secretary FM 19 -50D213 -FP (11M) .0kLIFORNIA ALL-PURPO4FE ACKNOWLEDGMENT State of California County of Los Angeles On 12/3/99 before me, S. Philips - Notary Public DATE NAME. TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC' personally appeared James R. Olsen NAME(S) OF SIGNER(S) D personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. S. PMLIPS I F""' Commission > 1175738 't N°t°ry PublIC- °''`°'r,° ' WITNESS my hand 94 official seal. I ns Ang 101 C o 1 ty SIGNATURE OF NOTA OPTIONAL No. 5907 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 TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT Utility Perf. Bond TITLE OR TYPE OF DOCUMENT 4 NUMBER OF PAGES 12/3/99 DATE OF DOCUMENT Capistrano Valley Baptist Church SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmat Ave., P.O. Box 7184 - Canoga Park CA 91309.7164 CALIFORNIA ALL -PURSE ACKNOWLEDGMENT 46 State of California County of On December 7, 1999 beforeme, Courtland R. Braden, Notary Public Date Name and T¢le of Officer (s g., "Jane one, Notary Pudic') personally appeared Ted Mooschekian Names) of Bigl-ah.) personally known to me – OR – ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), cOURtA14Da9tM011 or the entity upon behalf of which the person(s) acted, Camiem4 ill executed the instrument. N(6uY Rao —Cdramlo eronge Can* v ')eesKAar9,2MI WITNESS my hand andofficialseal. Signature of Notary Public 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 Document Title or Type of Document: BOND SD00078832 Document Date: 3 December 1999 Number of Pages: 5 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact Trustee ❑ Guardian or Conservator " 1—i Other: Top of thumb here Signer Is Representing: Capistrano Valley Baptist Church Name: ❑ Indivi al ❑ Corpora Officer Title(s): ❑ Partner — ❑ ited ❑ Ll Attorney -in -1 ❑ Trustee El Guardian or ❑ Other: Signer Is 0 1995 National Notary Association • 8236 Hammet Ave., PO. Box 7184 • Canoga Park, CA 91309-7184 Prod No. 5907 Reorder Call Toll -Free 1-800-876-6827