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00-1205_MARBELLA COMMERCE CENTER_Development AgreementTHIS AGREEMENT, dated this December 5, 2000, by and between Marbella Commerce Center, Inc. hereinafter called "Developer", and CAPISTRANO VALLEY WATER DISTRICT, hereinafter called "District". THIS AGREEMENT, shall be administered by the CITY OF SAN JUAN CAPISTRANO, hereinafter called "City", in accordance with Resolution No. 97-10-7-1 WITNESSETH: WHEREAS, Developer wishes to obtain water services from District for property known as 30900 Rancho Viejo Road, and District requires the construction and dedication of water facilities by Developer as a condition of providing said water services; and WHEREAS, Developer has prepared and submitted to District a set of improvement plans for said water facilities, and WHEREAS, District desires to insure that said water facilities are installed in accordance with District's standards and specifications. that: NOW, THEREFORE, it is hereby agreed by and between Developer and District 1. Developer shall, at a shared cost and expense with the District, 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 "STREET, SEWER, AND WATER (PUBLIC & PRIVATE) PLAN FOR MARBELLA COMMERCE CENTER" as approved by the Capistrano Valley Water District 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 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 attomeys' 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 365 consecutive calendar days after the above date of this Agreement, District has the right to call the security for faithful performance and complete the work. Any work performed after said 365 consecutive calendar days, whether by Developer, District, or others, shall be in accordance with District's standard specifications in effect as of the time the work is performed. 4. The security shall remain in effect for a minimum of 365 consecutive calendar days after all the water facilities have been completed and accepted by District, and shall continue in effect until exonerated in writing by District. It shall be incumbent upon the developer to renew the security prior to its expiration. 1. Developer hereby expressly agrees that no water shall be used by Developer, or by Contractor or any Subcontractor, for construction purposes except through a meter provided by District. Developer acknowledges that Section 499 of the California Penal Code provides that unauthorized use of water is a misdemeanor, and District hereby P:EN01DVLPVIMW9-=wTRAGR.DOC AGREEMENT - Page 2 0 • Agreement for Construction of Water Facilities Marbella Commerce Center, Inc. December 5, 2010 states its intent to strictly enforce said Penal Code Section. 2. In addition to any criminal penalties, and not as a substitute therefore, District will charge Developer, and Developer agrees to promptly pay District, $500.00 per day for unmetered use of District's water by Developer, Contractor, or any Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts anyone of them may be liable. 3. Temporary construction meters shall be provided to Developer by District at the rental rate existing at the time such meters are provided. The use of "jumpers" is expressly prohibited. 4. Developer shall notify District as soon as it is reasonably practical to install any permanent meter, and District shall provide and install same as soon thereafter as reasonably possible. The foregoing notwithstanding, the District may install any meter when District determines it is desirable to do so. 1. Developer shall, prior to the execution of this Agreement, pay District the following sums: (a) $5,292.46 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 $77,098. (b) $900 for the furnishing and installation by District of all permanent water meters, which sum is based upon the following number and size of meter. two (2) 2 -inch. (c) $18,688.80 for Capital Improvement Charges based upon P:WMV)VUVARBELAOF%WTRAGRJ= AGREEMENT - Pape 3 9 9 Agreement for Construction of Water Facilities Marbella Commerce Center, Inc. December 5, 2000 47,920 square feet of commercial building area at the rate of $.39 per square foot. (d) $12,938.40 for Water Storage Charges based upon 47,920 square feet of commercial building area at the rate of $.27 per square foot. (e) $14,034.89 for Water Capacity Charge for providing additional water supply to serve the additional demand generated by your project, determined by the rate of $1,087,170 per cfs of maximum day demand with the project additional maximum day demand of .0094 cfs. 2. In addition to the above sums, a surety bond to secure the faithful performance of this Agreement in the sum of $31,706.40 is hereby approved. 3. When additional buildings on this property are constructed, Capital Improvement Charges, Water Storage Charges, and Meter Fees for the additional development shall be paid prior to additional service being provided. jT�ewff- _ 'Tb 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. IOTActT:O d 7q 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 P:%ENGV)VLP1MRBELAOF%WTRAGR.DOC AGREEMENT • Page 4 0 0 Agreement for Construction of Water Facilities Marbella Commerce Center, Inc. December 5, 2000 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. Developer shall pay the prevailing rate of hourly wages and rates or legal holidays and overtime. Developer shall, accordingly, pay as a penalty to the District the sum of Twenty-five Dollars ($25.00) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage under this contract, by Contractor and/or any subcontractor. ��i�iTST•JiL\NOli 1. • , r 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. , .u. -i 7o =-. AGREEMENT - Page 6 9 0 Agreement for Construction of Water Facilities Marbella Commerce Center, Inc. December 5, 2000 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. �OMMMoMM=11M.u.. - . . 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 occurrence/not limited to contractual period $1,000,000 injury to more than one persontany 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 AGREEMENT - P8V 6 Agreement for Constnx:tion of Water Facilities Marbella Commerce Center, Inc. December 5, 2000 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 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. Capistrano. Developer will maintain a license to do business in the City of San Juan 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 PAENGOVLPORBELAORNIMMRAOC AGREEMENT - Page 7 Agreement for Construction of Water Facilities Marbella Commerce Center, Inc. December 5, 2000 to control Engineer only insofar as the results of Developers 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. INnFMNITy 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 all officers, employees and agents of City and District from all costs and claims for damages to real or personal property or personal injury to any third party resulting from the activity of itself, employees or its agents. XII. nFVFLOPFR NOT AN A[±FNT 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. XIII. ATTORN V'S FEES If a judicial action is required to resolve a dispute arising under this agreement or to otherwise enforce any provision of this agreement, then the prevailing party shall be entitled to reimbursement for the reasonable attomeys fees and costs from the other party. P:1ENGOVLPIMRBELAOPWfRAORJ= AGREEMENT - Pape 8 Agreement for Construction of Water Facilities Marbella Commerce Center, Inc. December 5, 2000 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, consisting of nine pages, on the above date. MARBELLA COMMERCE CENTER, INC. 1740 West Katella, Suite A Orange, CA 92867 717-907--&A36 By: ; Paul u0berty Owner (Attach Notary Acknowledgement) CITY OF SAN JUAN CAPISTRANO APPROVED AS TO FORM: By: nj ATTORNEY P:TNGIDVLPWRBELAGFWVMGR.DGC AGREEMENT - Page 4 California All -Purpose Acknowledgment State of California County of Orange On /�,, 2000, before me, Stacey Haines, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(#whose name#) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the STACEY HAINES same in his €ir authorized capacity(iet�, and in COMM. # 1127606 a that by his/her�their signatures j on the instrument Q •� NFRE64000UNTY y My Commission Exp. 7/26101 the person(, or the entity upon behalf of which the person(O acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Sigrat a of Notary Public -------------------------------------OPTIONAL------------------------------------------ hough then formation bdow is na required by law, it may prove valuable to persons relying on the document and could Prevent fraudulent rmoval and reamcbment ofthis form to another document Description of Attached Document Title sTe.f_tu'r Signer(s) Other Than Above: /l C Capacity(ies) Claimed by Signer Number of Pages: - Signer's Name: -ia nT�'_•n• -ia-s -s'a"-a• _ Individual Top of Numb here Top of thuano here Corporate Officer -- Title(s): _ Partner — Limited or General Attorney in Fact _ Trustee Guardian or Conservator Other: iN_UNf R AM 1�1.1�1 !.n= iig g CERTF CA NUMBER LOS -000259195-00 PRODUL&R THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Marsh Risk & Insurance Sery NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE 4445 Eastgate Mail Suite 300 POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES DESCRIBED HEREIN. San Diego, CA 92121 Attn: Dorothy Henry 858-552-4291 COMPANIES AFFORDING COVERAGE COMPANY 00325-19000-- A Travelers Insurance Company INSURED COMPANY Price Legacy Corporation 17140 Bernardo Center Drive B Suite 300 COMPANY San Diego, CA 92128 C COMPANY D =*00 M-Ow''401.1 1� THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DAM(MWDDroY) POLICY EXPIRATION DATE(MWDDM) LIMITS • GENERAL LIABILITY Y660153D7563TIL02 03/23/02 03/01/03 GENERAL AGGREGATE $ 2,000,000 X COMMERCIAL GENERAL LIABILITYPRODUCTS-COMP/OP$ 2,000,000 Fvrl CI -AIM S MADE LLJ OCCUR $ 1,000,000 OWNER'S & CONTRACTORS PROT EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any we fire) $ 300,000 MED EXP (Any we person) $ 1,000 • AUTOMOBILE LIABILITY Y810153D7563TIL02 03/23/02 03101/03 COMBINED SINGLE LIMIT $ 1,000,000 _X ANY AUTO X ALLOWNEDAUTOS SCHEDULED AUTOS BODILY INJURY $ I Per person) X HIRED AUTOS NON -OWNED AUTOS I BODILY INJURY $ Per accioent) PROPERTYDAMAGE $ GARAGE LIABILITY AUTO ONLY -EA ACCIDENT OTHER THAN AUTO ONLY ANY AUTO EACH ACCIDENT H AGGREGATE • EXCESS UABILITY YSMCUP1553D7563TIL02 03/23102 03/01/03 EACH OCCURRENCE $ 2,000,000 UMBRELLA FORM AGGREGATE $ 2,000,000 OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND EMPLOYERS'UABILJW WC WAI V - TORY LIMITS EL EACH ACCIDENT THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE OFFICERS ARE PEXCL EL DISEASE -POLICY LIMIT EL DISEASE -EACH EMPLOYEE $ DESCRIPTION OF OPEMInONSILOCATIONSIVEHICUSISPECIAL ITEMS (LIMITS MAY BE SUBJECT TO DEDUCTIBLES OR RETENTIONS) Re: Valle Road Stdrage, 32922 Vallerd, San Juan Capistrano, CA 92675. Certificate holder is named as additional insured. =NMF MM FR 0"T 'r"HHM -.1., V'_Hlau-? MMI SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DAM THEREOF THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL I DAYS WRITTEN NOTICE TO THE City of Skin Juan Capistrano Capistrano Valley Water District Attn: Craig Harris CERTIFICATE HOLDER NAMED HEREIN. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OMIGATION OR UABIUTYOFANY KINDUPON THE INSURER AFFORDINGCOVERAGE, ITSAGENTSOR REPRESENTATIVES. 32400 PISSED Adelantc San Juan Capistrano, CA 92676 MARSH USA INC. By: MTS Deguia Ro --fig 45 RKU lilt J'ffilm M;IL•Sm"I'M W"21!i,�" • 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949)493-1053 (FAX) www.sanjuancapistrano.org February 22, 2002 �,�. IAnlfllltll 1776 Price Enterprises 17140 Bernardo Center Drive, Suite 300 San Diego, California 92128 MEMBERS OF THE CITY COUNCIL DIANE L. BATHGATE JOHN S. GELFF COLLENE CAMPBELL MATT HART DAVID M. SWERDLIN CITY MANAGER GEORGE SCARBOROUGH RE: Compliance with Insurance Requirements - Water Facilities Agreement The following insurance documents are due to expire: I General Liability Certificate 3/1/2002 General Liability Endorsement naming the City of San Juan Capistrano 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: Kathleen Springer Craig Harris DRUG USE IS San Juan Capistrano: Preserving -the Past to Enhance the Future • 3240D PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) www.sanjuancapistrano.org March 12, 2002 Mr. Paul Toberty Marbella Commerce Center 1740 W. Katella Avenue, Suite A Orange, California 92667 �j;/ q(IAIIL1p1 rnluulu 1961 1776 MEMBERS OF THE CITY COUNCIL DIANE L. BATHGATE COLLENE CAMPBELL JOHN S. GELFF MATT HART DAVID M. SWERDLIN CITY MANAGER GEORGE SCARBOROUGH mmip RE: Comoliance with Insurance Reauirements - Construction of Water Facilities, 30900 Rancho Viejo Road The following insurance document is due to expire: Y General Liability Certificate 4/10/2002 General Liability Endorsement naming the City of San Juan Capistrano as additional insured. V Workers Compensation Certificate 4/1/2002 IOther Information: Please name the City of San Juan Capistrano and the Capistrano Valley Water District as certificate holders and additional insureds. 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. lc)i�4�j• Sincerely, ly, � (� / (UT/ y,l(k Dawn M. Schanderl Deputy City Clerk cc: Craig Harris DOUG USE IS San Juan Capistrano: Preserving the Past to Enhance the Future JAN 31 2002 16:33 FR ISU-R BELL BROKERS 949 361 3380 TO 4933955 P.01i01 CERTIFICATE OF INSUFIWCEISSUE DATE 01/3112002 PRODUCER CeMO 10132 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND ROBERT BELL INSURANCE BROKERS. INC. CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE 1 • - P.O. BOX 4265 DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE SAN CLEMENTE, CA 0267A POLICIES BELOW. (949)366.7938 FAX (949) 361.338D -- COMPANIES AFFORDING COVERAGE COMPANY ---- — PAULTOBERTY 1740 W.KATELLA ORANGE, CA 92867 COMPANY B FINANCIAL INDEMNITY COMPANY COMPANY C COMPANY 0 �a.�J NLBBI� 1HIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INOICATED. 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 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DOIW) DATE(MMIODYY) GENERAL LIABILITY GENERALACGREGATE S COMMERCIAL GENERAL LABILITY PRpoVCTg•COMv/pv AGO. B CLAIMS MADE O OCCUR PERSONAL B ADV INJURY S OWNER'S B CONTRACTOR'S PROT. EACH OCCURRENCE S FMEOAMAOE(Any OnAfaA) [ MED. EXPENSE(Any Ona PNWI f AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULEDAUTOS HIREDAUT09 NO&OWNEOAUTOS BINDER3272AUTO JAN 3102 JAN 3103 COMBINED SINGLE LIMIT t 1000000 CITY OF SAN JUAN CAPISTRANO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLEO BEFORE THE BODILY INJURY (pin PO'fO°) BODILY INJURY (Per ATFAlan) t X [ f ._^.•...•.. •. •. . PROPERTY DAMAGE 32400 PASEO ADELANTO GARAGE LIABILITY AUTO LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM -- - AUTHORIZED ReEP_N-E58,nrAT,vE -1,&. >�Qn.,lLCyl FAX' 949-493-3955 AUTO ONLY - EA ACCIDENT f --- OTHER THAN AUTO ONLY: EACHACCIDENT AGGRECAT6 �ANY EXCESS f E EACH OCCURRENCE t AGGREGATE f WORKER'S COMPENSATION AND EMPLOYERS'LIABILITY THE PROPRIEIE�TORI INCL OFFICERS APE QpTIVF EXCL STATUTORY LIMITS EACH ACCIDENT _ DISEASE -POLICY LIMIT B f DISEASE -EACH EMPLOYEE S OTHER DESCRIPTION Of OPERATIONSM1OCATIONSIVEHICLESISPECIAL ITEMS RE: 1906 TOYOTA PICKUP S#23210 USED AT PROJECT SITE LOCATED AT 30900 RANCHO VIEJO ROAD, SAN JUAN CAPISTRANO, CA CERTIFICATE HOLDER CANC LLATION CITY OF SAN JUAN CAPISTRANO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLEO BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WALL ENDEAVOR TO MNL W CAPISTRANO VALLEY WATER DISTRICT DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TOTNE LEFT BUT ATTN: CRAIG HARRIS FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Of ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 -- - AUTHORIZED ReEP_N-E58,nrAT,vE -1,&. >�Qn.,lLCyl FAX' 949-493-3955 ** TOTAL PAGE.01 w* ✓ PQA e L4alwt:-4 FEB 12 2002 13:50 FR IS -R BELL BROKERS 949 361 33BO TO dAR3955 P.01i02 CERTIFICATE OF INSU NCE ISSUE DATE __ _ 02/12/2002FR—O UCER CBTTM 10184 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND ROBERT BELL INSURANCE BROKERS, INC. CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE P.O. BOX 4265 DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE SAN CLEMENTE, CA 92674 POLICIES BELOW. (949)J66.7938 FILE_ FAX (949) 361.3380 COMPANIES AFFORDING COVERAGE COMPANY INSURED MARBELLA COMMERCE CENTER, INC. & TORERTY LIVING TRUST 1740 W.KATELLA ORANGE, CA 92567 A MT. HAWLEY INS. CO. _ COMPANY B COMPANY C COMPANY D COVERAGES THIS 15 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW LAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATEO. 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 HAV[ BEEN REDUCED BY PAID CLAIMS. CO POLICY EFFECTIVE POLICY EXPIRATION LIMITS TYPE Of INSURANCE POLICY NUMBER LTR DATE (MMIODNY) DATE IMMIDDA'1') ERAL LIABILITY COMMERCIALGFNFRALLA151LITY ROF MGLO131687 1 CLAIMS MADE Ll OCCUR. OWNER'S E CONTRACTOR'S PROT. DMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS :AGE LIABILITY ANY AUTO EXCESS LIABILITY UMBRELLA FORM OTHE R THAN UMBRELLA FORM WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY ymlwvINCL IEXECUT IVE ARE H EACL R 11 II6104 APR 10 02 ;ENFRAL AGGREGATE 'ROOUCTS-COMPIOPAGG. IERSONAL E AOV INJURY 'TACH OCCURRENCE f $,000,000 S 1,000.000 i 1,000,000 F 1,000,000 3 50,000 S 5,000 IRE MAMGE(Arry O^R Fln) IED. EXPFNSF(MY OM PElw^ COMBINED SINGLE LIMIT IS BODILY INJURY CANCELLATION. - IF, Pam^) i i BODILY INJURY Iver AFFIOA^0 ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESE NTATNES. i PROPERTY DAMAGE AUTO ONLY. EA ACCIDENT S � 4 OTHER THAN AUTO Z;w—y— EACH ACCIDENT STATUTORY LIMITS CH ACCIDENT _ F$s ;EASE -POLICY LIMIT DESCRIPTION OF OPE MTIONSILOCATIONSNENICLESISPECIAL ITEMS RE' PROJECT, 2 SLOGS SITUATED AT 30900 RANCHO V16JO ROAD, SAN JUAN CAPISTRANO. CA CERTIFICATE HOLDER IS INCLUDED AS AN ADDITIONAL INSURED PER FORM CG2010 ATTACHED CERTIFICATE HOLDER CANCELLATION. - CITY OF SAN JUAN CAPISTRANO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUNG COMPANY WILL ENDEAVOR TO MAIL 30 CAPISTRANO VALLEY WATER DISTRICT DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LER BUT FNLURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ATTN: CRAIG HARRIS ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESE NTATNES. 32400PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 NUTHORIZEDREPRESENIAT IVF — FAX: 949-493-3955 FEB 12 2002 13:50 FR ISU-R BELL BROKERS 949 361 3380 TO 4655 P.01i02 ISSUE DATE -- CERTIFICATE OF INSU CE ISSUE J PRODUCER COMM 10184 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND ROBERT BELL INSURANCE BROKERS, INC. CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE P.O. BOX 4265 DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE SAN CLEMENTE, CA 92674 POLICIES BELOW. (949)366.7938 ... _. .. _ ._.. FAX (949) 361.3380 COMPANIES AFFORDING COVERAGE INSURED MARBELLA COMMERCE CENTER, INC. &� TOSERTY LIVING TRUST 1740 W.KATELLA ORANGE, CA 92667 [COVERAGES THIS IS TO CERTIFY THAT THE POLICIES NOTWITHSTANDING MY REQUIREMENT, PERTAIN. THE INSURANCE AFFORDED BY HAVE BEEN REDUCED BY PNO CLAIMS CPE OF INSURANCE FO -MPA -NY--,. n- _- A MT. HAWLEV_ INS. CO, v COMPANY B niFEB 14 02 COMPANY I . C 19 E OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOT LKINSURED NAMED ABOVE FOR THE POLICY PERIOD W DILATED. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS GENt HAL LIABILI I Y X COMMERCIALGENERALLIABILRY CLAIMS MADE X OCCUR, OWNER'S A CONTRACTOR'S PROT DMI LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNEDAUTOS GARAGE LIABILITY 7 ANY AUTO UMBRELLA FORM OTHER THAN UMSRELIA FORM WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR/ INCL PARTNERSIG.". LVE OFFICERS ARE: EACL POLICY NUMBER POLICY EFFECTIVE DATE(MMIDDNY) POLICY EXPIRATION DATE (MMIDDIW) ROF MGLO131687 FEB 10 02 APR 10 02 PERBONAL S ADV INJURY OR MAY SHOWN MAY LIMITS f GENERAL AGGREGATE S 2,000,000 PROOUCTS•COMPIOPAGG. S 1,000.000 PERBONAL S ADV INJURY S 1,000,000 EACH OCCURRENCE S 1,000,000 FIRE CAMAGE(Al One FIn) f 50,000 MEO. EXPENSII OM Porwn S 5,000 COMBINED SINGLE LIMIT S RY BODILY INJU (PPIPttfan) f BODILY INJURY (PNAUIOFnI) PROPERTY DAMAGE AUTO ONLY. EA ACCIDENT $ S f f f f OTHER IHAN AUTO ONLY. EACH ACCIDENT AGGREGATE EACH OCCURRENCE STATUTORY LIMITS _ CH ACCIDENT _ f iEASE.POLICV LIMIT S RASE.EACH EMPLOYEE S„ REI PROJECT. 2 BLOGS SITUATED AT 30900 RANCHO VIEJO ROAD, SAN JUAN CAPI5TRAN0, CA CERTIFICATE HOLDER IS INCLUDED AS AN ADDITIONAL INSURED PER FORM CG2010 ATTACHED CERTIFICATE HOLDER - CANCELLATION. CITY OF SAN JUAN CAPISTRANO E ABOVE SHOULDION ATEOF THEREOF EXPIRATION OATS THEREOF CAPISTRANO VALLEY WATER DISTRICT DAYS WRITTEN NOTICE TDI FAILURE TO MAIL SUCH NOTI ATTN: CRAIG HARRIS ANY KIND UPON THE COMPA 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92575 i6T40RIZED REPRESENT ATI FAX: 949-493-3955 OR LIABILITY '�� . DSP 1 �;� ,� FEB 12 2002 13:51 FR ISU-R BELL BROKERS 949 361 3380 TO 4934455 P.02i02 POLICY NUMBER: ROFOF MGL068_7 CORCIAL GENERAL LIABILITY CG 20 10 10 93 1 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 ATTN: CRAIG HARRIS 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 FAX: 949493-3955 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to Ihis 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, CG 20 10 10 93 Copyright. Insurance Services Office, Inc. 1992 ** TOTAL PRGE.02 ** _JAN 31 2002 16:33 FR ISU-R CERTIFICATE OF INSUf�� --.. --- PRODUCER ROBERZ BELL INSURANCE BROKERS. INC. P.O. BOX 4265 SAN CLEMENTE, CA 92874 (949)366.7938 FAX (949) 361.3380 Waurteu PAUL TOSERTY 1740 W.KATELLA ORANGE, CA 92867 BELL BROKERS 949 361 3380 TO 493"'955 P.01i01 ISSUE DATE 01/3112002 IIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND )NFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE )ES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE ILICIES BELOW. COMPANIES AFFORDING COVERAGE F- COMPANY B FINANCIAL INDEMNITY COMPANY — COMPANY C COMPANY D L.werwuw THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INOICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSUMNCE AFFORDED BY TME 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 POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF wEVMNCE POLICY NUMBER DATE (MMIOOM') DATE (MMIDDI Y) LIMIT! GENERAL LIABILITY GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITY PROOUCTS•COMP/OPAGG. f CLAIMS MADE OCCUR. PERSONAL {ADV INJURY f OWNER'S 6 CONTRACTOR'S PROT.--"""' — EACH OCCURRENCE i FIRE DAMSGEIAey One Foe) S MED, EXPENSEIAny Ona Pwmwi S MOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS AUTD LIABILITY OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR/ INCL PARTNERSIGXBCVTIVE OFFICERS ARE. EXCL BINDER3272AUTO I JAN 31 02 1 JAN 31 03 COMBINED SINGLE LIMIT I f 1000000 BODILY INJURY (Pn P...) .._ BODILY INJURY (Por AvJ{o.0 PROPERTY DAMAGE AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY. EACH ACCIDENT AGGREGATE EACH OCCURRENCE STATUTORY LIMITS EACN AOOIDENT OISEASEPOOCY LIMIT NOON OF OPEMTIONSAOGATIONSNEHICLESISPECIAL ITEMS RE; 1986 TOYOTA PICKUP S#23218 USED AT PROJECT SITE LOCATED AT 30900 RANCHO VIEJO ROAD, SAN JUAN CAPISTRANO, CA CITY OF SAN JUAN CAPISTRANO CAPISTRANO VALLEY WATER DISTRICT ATTN: CRAIG HARRIS 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 FAX: L S t t S SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED B MPIRATON DATE THEREOF. THE ISSUING COMPMY WILL ENDSAVC DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO TH FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR L ANY KIND UPON THE COMPANY, RS AGENTS OR REPRESENTATIVES. L DB UT OF ** TOTAL PAGE.01 ** 0 Dawn Sghanderl From: Dawn Schanderl Sent: Tuesday, January 22, 2002 8:44 AM To: Craig Harris Subject: Status Commerce Center - need auto and 0 weren't you going to bring me some replacement bonds the other day or last week? See ya -.,,- NIPOAFoT EE_L [INS. 1 CERTIFICATE OF I ROBERT BELL INSURANCE BROKERS, INC. P.O. BOX 4265 SAN CLEMENTE, CA 92674 (949) 366-7938 FAX (949) 361-3380 VOIDS & REPLACES CERTIFICATE 10025 ISSUED 1-10-02 MARBELLA COMMERCE CENTER, INC. & TOBERTY LIVING TRUST 1740 W.KATELLA ORANGE, CA 92667 94B "I 3380 > ,/ • ISSUE DATE 0 111 5/20 0 2 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. COMPANY A MT. HAWLEY COMPANY B COMPANY COMPANY 0 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE WSUREO NAMED ABOVE FOR THE POLICY PERIOO INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN I$ SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES- LIMITS SHOWN MAY ,O TYPE OF INSURANCE POLICY NUMBER .TR POLICY EFFECTIVE DATE (MMI POLICY EXPIRATION DATE (M&900M') LIMITS GENERAL LIABILITY X COMMERCIAL GENERA�L LIABILITY CLAIMS MAGE FX CCCUR. A OWNER'S& CONTRACTOR'S PROT. MGLO131687 I AUG 1001 CERTIFICATE HOLDER: - GENERAL AGGREGATE $ 2,000,000 UCTS-COMPIOPAGG. ONAL 6 ADV INJURY E 1,000,000 $ 1,000,000 EACH OCCURRENCE E 1,000.000 FIRE DAMAGE(Any One Fire) $ 50,000 MED.EXPENSEIAny One Person E 5,000 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NDN OWNED AUTOSE I COMBINED SINGLE LIMIT E BODILY INJURY (Per Person) $ ! BODILY INJURY (Per AcciEml) PROPERTY DAMAGE E GARAGE LIABILITY ANY AUTO 11 AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGATE OOCCURRENCE REGATE j E $ E EXCESS —�UMBRELLAFORM -- LIABILITY OTHER THAN UMBRELLA FORM $ E WORKER'S COMPENSATION AND JEMPLOYERS'LIABILITV THE PROPRIETOR/ INCL PARTNERSIEXECUTNE OFFICERS ARE: iq EXCL STATUTORY LIMITS EACHAcciDENr _ r DISEASE -POLICY LIMIT t5 — DISEASE EACH EMPLOYEE E OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESISPECIAL ITEMS RE: PROJECT, 2 BLDGS SITUATED AT 30900 RANCHO VIEJO ROAD, SAN JUAN CAPISTRANO, CA CERTIFICATE HOLDER IS INCLUDED AS AN ADDITIONAL INSURED PER FORM CG2010 ATTACHED 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 W CAPISTRANO VALLEY WATER DISTRICT DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT DUT ATTN: CRAIG HARRIS FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES 32400PASECI ADELANTO SAN JUAN CAPISTRANO, CA 92675 1 AUTHORIZED REPRES ENTATIVE ,-,S-`S: 3:1EPV:' O,9E47 =E -L iNS. POLICY NUMBER: M-QLQJ 616 7Ak ;349 35' 3150 . C/ COMIWCIAL GENERAL LIABILITY CG 2010 10 93 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 ATTN: CRAIG HARRIS 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (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. CG 20 10 10 93 Copyright, Insurance Services Office, Inc. 1992 0 0 [Dawn Schanderl To: Craig Harris Cc: Kathleen Springer Subject: Marbella Commerce Center I still have not received general (expired 12/10/01/endorsement/auto insurance (expired 1/1/02) in the name of the City and CVWD for Marbella. I sent a letter to them 12/6 . What's happening? Dawn Schanderl From: Dawn Schanderl Sent: Friday, December 14, 2001 2:24 PM To: Craig Harris Cc: Kathleen Springer Subject: Marbella Commerce Center - constr of water facilities General liability and endorsement expired 12/10/01. Nothing received. Ring a dingie? Tracking: Recipient Read Craig Harris Kathleen Springer Read: 12/14/2001 2:31 PM Dawn Schanderl From: Craig Harris Sent: Friday, January 11, 2002 11:46 AM To: Dawn Schanderl Cc: Kathleen Springer Subject: FW: Marbella Commerce Center I spoke with Judy Hanson this morning who is the bonding agent representing Marbella Commerce Center and she will correct the general liabilty certificate today and fax me a copy. The auto liability will follow next week. I also spoke to her about the workers compensation. She said it expires in April and she will contact that agent to hopefully mitagate any lack of coverage. -----Original Message ----- From: Craig Harris Sent: Thursday, January 10, 2002 9:51 AM To: Dawn Schanderl Cc: Kathleen Springer Subject: RE: Marbella Commerce Center I spoke to Jessica with Marbella Commerce Center on 12/21/01. 1 also faxed to her a copy of the original agreement and she said that she would have new certificates issued. I called again and asked for the where they were and Jessica was not in. I found out Scott McCabe is responsible to provide this and he said he will contact his insurance company today and then let me know when we will have the new certificate. -----Original Message ----- From: Dawn Schanderl Sent: Thursday, January 10, 2002 8:55 AM To: Craig Hams CC: Kathleen Springer Subject: Marbella Commerce Center I still have not received general (expired 12/10/01/endorsement/auto insurance (expired 1/1/02) in the name of the City and CVWD for Marbella. I sent a letter to them 12/6 . What's happening? 0 0 t DavJh Schanderl From: Craig Harris Sent: Thursday, January 10, 2002 9:51 AM To: Dawn Schanderl Cc: Kathleen Springer Subject: RE: Marbella Commerce Center I spoke to Jessica with Marbella Commerce Center on 12/21/01. 1 also faxed to her a copy of the original agreement and she said that she would have new certificates issued. I called again and asked for the where they were and Jessica was not in. I found out Scott McCabe is responsible to provide this and he said he will contact his insurance company today and then let me know when we will have the new certificate. -----Original Message ----- From: Dawn Schanded Sent: Thursday, January 10, 2002 8:55 AM To: Craig Harris Cc: Kathleen Springer Subject: Marbella Commerce Center I still have not received general (expired 12/10/01/endorsement/auto insurance (expired 1/1/02) in the name of the City and CVWD for Marbella. I sent a letter to them 12/6 . What's happening? .-'0-''2; 4:16PM;ROBER7 BELL INS. • 4 * ISU ISU Insurance Services Robert Bell Brokers Independently Owned and Operated To. CRAIG HARRIS COMPANY: FACSIMILE TRANSMITTAL SHEET FROM: JUDY HANSON DATE: t-10-02 ;343 361 3360 # 1/ 3 • City of San Juan Capistrano FAX NUMBERI TOTAL NO, OF PAGES INCLUDING COVER: 949-493-3955 11IIONE NUMBER: 949-487-4305 SENDER'S REFERENCE NUMBER: RE MARBELLA COMMERCE CENTER YOUR REFERENCE NUMBER: ❑ URGENT ❑ FOR REVIEW ❑ PLFASE COMMENT ❑ PLEASE REPLY ❑ PLEASE RECYCLE NOTES/COMMENTS: Dear Mr. Harris: Unfortunately, following leaving the phone message for you this afternoon, I looked closer at my file, and I see that it was actually the insured's lender that we had provided the corrected certificate for General Liability Insurance to showing the proper expiration date of 2-10-02. The certificate sent to Dawn Schanderl did should the original date discussed with the carrier of 12-10-01. Enclosed is a certificate showing the proper 2-10-02 expiration. When I initially negotiated this policy with the carrier we talked about a term of 4 months, and later agreed to a six month policy. 1 sincerely apologize for missing the corrected certificate to the City of San Juan to show the last two months. As my message indicated, the insured and I have a couple of questions on the automobile coverage. If you could give me a call at 800-426-2634, we will proceed to address your certificate for that coverage as well. Thanks much for your help and I hope patience. erely, y Hanso Jmh Cc: Scott MacCabe, Fax 310-316-3888 offices Coast 10 Coast Our Knowledge is Your Best Insurance 1010 Calle Cordillera, Suite 108 San Clemente, CA 92673 Phone: 949-366-7938 Fax: 949-361-3380 Email: rbibi@bellinaoro.com License #0691053 -10-027 4:16PM:POBER7 EFLL :NS. ;949 361 3380 # 2/ 3 CERTIFICATE OF INSUROCE 1503UU12D02E PRODUCER CeN! 10025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND ROBERT BELL INSURANCE BROKERS, INC. CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE P.O. BOX 4265 DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE SAN CLEMENTE, CA 92674 POLICIES BELOW. (949)366-7938 FAX (949) 361-3380 COMPANIES AFFORDING COVERAGE VOIDS & REPLACES CERTIFICATE 9373 MARBELLA COMMERCE CENTER, INC. & TOBERTY LIVING TRUST 1740 W. KATELLA ORANGE, CA 92667 COMPANY A MT. HAWLEY INS. CO. COMPANY B COMPANY C COMPANY 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 CONCITION OF ANY CONTRACT OR 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 HGVF RFFM RPM ICFD RY PAID M AIMS CO TR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIC ) POLICY EXPIRATION DATE (MMMDA'Y) LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE O OCCUR. OWNER'S& CONTRACTOR'S PROT. MGLO131687 AUG 1001 FEB 1002 GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMP/CP AGS. $ 1,000,000 PERSONAL &ADV INJURY $ 110001000 EACH OCCURRENCE f 1,000,000 FIRE DAMAGE(Any One Fire) f 50,000 MED. EXPENSE(Any One Piia f 51000 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIREDAUTOS NON -OWNED AUTOS FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NOOBLICATION OR LIABILITY OF ATTN: COMBINED SINGLE LIMIT S 32400 PASEO ADELANTO BODILY INJURY (Per Pereon) $ SAN JUAN CAPISTRANO, CA 92675 BODILY INJURY S (Pe'ACcMenB PROPERTY DAMAGE f GARAGE LIABILITY ANY AUTO L AUTO ONLY -61 ACCIDENT Ii OTHER THAN AUTO ONLY: EACH ACCIOENT S AGGREGATE S EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM EACH OCCURRENCE f AGGREGATE f WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR/DISEASE-POLICY PARTNERSIEXECUTIVE OFFICERSARE: EXOL STATUTORY LIMITS EACH ACCIDENT Is LIMIT f DISEASE-EACHEMPLOYEE Is OTHER DB URIPTIUNOF UF&WITIUNWLUUA I IUNJ tHI :LG NFLUAL II EMN RE: PROJECT, 2 BLDGS SITUATED AT 30900 RANCHO VIEJO ROAD, SAN JUAN CAPISTRANO, CA CERTIFICATE HOLDER IS INCLUDED AS AN ADDITIONAL INSURED PER FORM CG2010 ATTACHED 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 00 CAPISTRANO VALLEY WATER DISTRICT DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT CRAIG HARRIS FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NOOBLICATION OR LIABILITY OF ATTN: ANY KIND UPON THE COMPANY, ITS AGENTS ORREPRESENTATIVES - 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 AUTHORIZED REP0.ESENTATIVE _ , 1-10-02: 4:16PM:P06EPT BELL INS. :948 361 3380 N 3/ 3 POLICY NUMBER: ML01131fifflft COPORCIAL GENERAL LIABILITY CG 20 10 10 93 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 ATTN: CRAIG HARRIS 32400PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (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. CG 20 10 10 93 Copyright, Insurance Services Office, Inc. 1992 0 Dawn Schanderl From: Craig Harris Sent: Thursday, January 31, 2002 11:27 AM To: Dawn Schanderl Subject: RE: Marbella Commerce Center I just left Judy a message. I'll let you know what she says. -----Original Message ----- From: Dawn Schanderl Sent: Thursday, January 31, 2002 10:56 AM To: Craig Harris Subject: Marbella Commerce Center Still need auto. Thanks 40 CERTIFICATE OF INSURANCEISSUE DATE -- 08108/2001 PRODUCER Cert# 9373 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND ROBERT BELL INSURANCE BROKERS, INC. (CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE P.O. BOX 4265 ! DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE SAN CLEMENTE, CA 92674 POLICIES BELOW. (949) 366-7938 - - - FAX (949) 361-3380 COMPANIES AFFORDING COVERAGE INSURED MARBELLA COMMERCE CENTER, INC. & TOBERTY LIVING TRUST 1740 W. KATELLA ORANGE, CA 92667 COMPANY !_ A MT. HAWLEY INS. CO. COMPANY B COMPANY C COMPANY THIS 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 DOCUMEN' 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 SHCWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFEC"j POUCVEXPIRATION LIMITS LTR DATE (MMIDDMI) I DATE (MMIDDIYY) RE: PROJECT, 2 BLDGS SITUATED AT 30900 RANCHO VIEJO ROAD, SAN JUAN CAPISTRANO. CA CERTIFICATE HOLDER IS INCLUDED AS AN ADDITIONAL INSURED PER FORM CG2010 ATTACHED CITY OF SAN JUAN CAPISTRANO CAPISTRANO VALLEY WATER DISTRICT ATTN: DAWN SCHANDERL, DEPUTY CITY CLERK 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEF T UUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIASIL ITY Oc ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES I tGENERAL GENERAL LIABILITY AGGREGATE It ZD00.000 X COMMERCIAL GENERAL LIABILITY I MGLO127428 AUG 1001 DEC 1001 ('PRODUCTS-COMWOP AGG �$ 1,000,000_ LAIMS MADE _^ OCCUR. I PERSONAL B ADV INJURY ,$ 1,000,000 40�EC'S 6 CONT.RACTOR'S PROT. I EACHOCCURRENCE $ 1,000,000 FIRE DAMAGE(Any One Fire) �$ 50,000 (,MED EXPENSE(Any One Perw.,i$ 5,000 AUTOMOBILE LIABILITY ' COMBINED SINGLE LIMIT f ANY AUTO ALLOWWEDAUTOS I /BODILY INJURY SCHEDULED ALMS I � (Par Person) $ HIRED AUTOS I BODILY INJURY i f NON -OWNED AUTOS (par grxieant) i PROPERTY DAMAGE i$ GARAGE LIABILITY I —_._._ (AUTO ONLY- EA EAACCIDENT__�$ ANY ALTO OTHER THAN AUTO ONLY -_ I EACHACODENT $ I AGGREGATE $ - — - PEACH EXCESS LIABILITY OCCURRENCE t Is IUMBRELIA FORM i AGGREGATE {$ rHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND STATUTORY LIMITS - EMPLOYERS' LIABILITY EACH ACCIDENT Is THEPROPRIETORI INCL DISEASE-POLICYLIMIT is PARTNERSIEXECUTNE-_-- OFFICERSARE: ,� EXCL DISEASE -EACH EMPLOYEE j$ - OTHER RE: PROJECT, 2 BLDGS SITUATED AT 30900 RANCHO VIEJO ROAD, SAN JUAN CAPISTRANO. CA CERTIFICATE HOLDER IS INCLUDED AS AN ADDITIONAL INSURED PER FORM CG2010 ATTACHED CITY OF SAN JUAN CAPISTRANO CAPISTRANO VALLEY WATER DISTRICT ATTN: DAWN SCHANDERL, DEPUTY CITY CLERK 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEF T UUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIASIL ITY Oc ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES POLICY NUMBER:1f 1274m MERCIAL GENERAL LIABILITY - Ce CG 2010 10 93 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 ATTN: DAWN SCHANDERL, DEPUTY CITY CLERK 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (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. CG 20 10 10 93 Copyright, Insurance Services Office, Inc. 1992 POLICY NUMBER: MGLQ12Z42&lk C�MERCIAL GENERAL LIABILITY CG 20 10 10 93 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 ATTN: DAWN SCHANDERL, DEPUTY CITY CLERK 32400PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (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. CG 20 10 10 93 Copyright, Insurance Services Office, Inc. 1992 _-_I. _.E P... F:._c- cE -_ ._. CERTIFICATE OF INSURL@CE PRODUCER Cert# 9372 ROBERT BELL INSURANCE BROKERS, INC. P.O. BOX 4265 SAN CLEMENTE, CA 92674 (949)366.7938 FAX (949) 361-3380 • ISSUE DATE 08/08/2001 -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. COMPANIES AFFORDING COVERAGE COMPANY A MT. HAWLEY INSURED --- COMPANY— MARBELLA COMMERCE CENTER, INC. & e TOBERTY LIVING TRUST - - --- --- COMPANY 1740 W. KATELLA C ORANGE, CA 92667 COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF.NSURANCE 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 COI TYPE OF INSURANCE GENERAL LIABILITY X-1 COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR. OWNER'S & CONTRACTOR'S PROT. LIABILITY ANY AUTO ALL OWNED AUTOS SC"EOULEO ALTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY ZANY AUTO UMBRELLA FORM FORM WORKER'S COMPENSATION AND' EMPLOYERS' LIABILITY THE PROPRIETOR/ INCL PARTNERS/EXEC UTIVE __ OFFICER% ARE: I EXCL -_ POLICY NUMBER MGLO127428 POLICY EFFECTIVE POLICY EXPIRATION DATE(MMA)D/YY) DATE(MMIDDIYY) LIMITS i GENERAL AGGREGATE $ 2,000,000 AUG 3 01 AUG 10 01 PRODUCTS-COMPIOP AGG_0015 0,000 $ PERSONAL & ADV INJURY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE(Any One Fire) S $0,000 IMED.E%PENSE(An ry One Perewl$ 5,000 EACH ACCIDENT DISEASE -POLICY LIMB COMBINED SINGLE LIMIT f $ BODILY INJURY Penson) BO BODILY INIURY S IS (Par Amdent) �'. PROPERTY DAMAGE $ AUTO ONLY - EA ACCIDENT �$ OTHER THAN AUTO ONLY: ACCIDENT $ _- -EACH AGGREGATE $ EACH OCCURRENCE $ AGGREGATE STATJTORY LIMITS i EACH ACCIDENT DISEASE -POLICY LIMB $ DISEASE -EACH EMPLOYEE $ _. ... RE: PROJECT, 2 BLDGS SITUATED AT 30900 RANCHO VIEJO ROAD, SAN JUAN CAPISTRANO, CA CERTIFICATE HOLDER IS INCLUDED AS AN ADDITIONAL INSURED PER FORM CG2010 ATTACHED CITY OF SAN JUAN CAPISTRANO CAPISTRANO VALLEY WATER DISTRICT ATTN: DAWN SCHANDERL, DEPUTY CITY CLERK 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 SHOULDANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE T,E EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL W DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NOOBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) www.sanjuancapistr,ino.org July 24, 2001 Mr. Paul Toberty Marbella Commerce Center 1740 W. Katella Avenue, Suite A Orange, CA 92667 MEMBERS OF THE CITY COUNCIL DIANE L. BATIIGATE JOHN S. GELFF JOHN GREINER MATT HART DAVID M. SWERDLIN CITY MANAGER GEORGE SCARBOROUGH RE: Compliance with Insurance Requirements - Construction of Water Facilities, 30900 Rancho Viejo Road The following insurance documents are due to expire: General Liability Certificate 8/3/01 General Liability Endorsement naming the City of San Juan Capistrano and the Capistrano Valley Water District as additional insureds. 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, `L�Q,l,c�lr�i}1 • rte/ Dawn M. Schanderl Deputy City Clerk cc: Craig Harris K. Springer Df1U0 USE IS Stitt Juan Capistrano: Preserving the Past to Enhance the Future FAX *F FAX *Date: 08/02/2001 4:41 PM THE DESK OF # of Pages: 1 2.38 1 JUDY HANSON ROBERT BELL INSURANCE BROKERS, INC. P.O. BOX 4265 SAN CLEMENTE, CA 92674 (949)366-7938 FAX (949) 361-3380 E -Mail: rbibi@bellinsgrp.com Web Site: www.bellinsgrp.com LIC# 0691053 To: CITY OF SAN JUAN CAPISTRANO Attn: DAWN SCHANDERL, DEPUTY CLERK Bus.#: (949) 493-1171 Fax#: (949) 493-1053 Re: MARBELLA COMMERCE CENTER -POLICY #MGL012742B Dear Dawn: Please be advised that Paul Toberty has today authorized our office to represent Marbella Commerce Center & The Toberty Family Trust for the renewal of the General Liability coverage on the property situated at 30900, Rancho Viejo Road, San Juan Capistrano, CA. The renewal coverage has been ordered from the same carrier as the expiring policy, Mt. Hawley Ins. Co., Policy #MGL012742B. As requested in your letter of 7-24-01, a formal certificate of insurance will be sent to you in just a day or two, and including the interest of the City of San Juan Capistrano and the Capistrano Valley Water District as additional insureds. Sincerely, dy Han on jmh FAX FROM THE DESK OF JUDY HANSON ROBERT BELL INSURANCE BROKERS, INC. P.O. BOX 4265 SAN CLEMENTE, CA 92674 (949)366-7938 FAX (949) 361-3380 E -Mail: rbibi@bellinsgrp.com Web Site: www.bellinsgrp.com LIC# 0691053 To: CITY OF SAN JUAN CAPISTRANO Date: 08/02/2001 4:41 PM # of Pages: 1 2.38 Attn: DAWN SCHANDERL, DEPUTY CLERK Bus.#: (949) 493-1171 Fax#: (949) 493-1053 Re: MARBELLA COMMERCE CENTER -POLICY #MGL012742B Dear Dawn: Please be advised that Paul Toberty has today authorized our office to represent Marbella Commerce Center & The Toberty Family Trust for the renewal of the General Liability coverage on the property situated at 30900, Rancho Viejo Road, San Juan Capistrano, CA. The renewal coverage has been ordered from the same carrier as the expiring policy, Mt. Hawley Ins. Co., Policy #MGL012742B. As requested in your letter of 7-24-01, a formal certificate of insurance will be sent to you in just a day or two, and including the interest of the City of San Juan Capistrano and the Capistrano Valley Water District as additional insureds. Sincerely, Jtfdy Hanson jmh ACORD CERTIFIC/#E OF LIABILITY NCFPID DB DATE (MM DDM) INS NTER-2 02/05/01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE PrinWe 6 Fleming Ins. Brkrs . HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 17330 Brookhurst Street, #320 RECEIVED ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE Fountain Valley CA 92708 Larry Larson, CIC FEB 7 2 46 PM '11 PNone No. 714-965-5665 Fa.No.714-964-6331 COMPANY A California Indemnity Ins Co INSURED CITY CIURK COMPANY DUARI HENT B Royal Insurance Marbella Commerce Center In CITY CF SAY Paul Toberty 9t�ANC.VFISTflAN0 COMPANY C 1740 W. Katella Ave., Ste. A Orange CA 92667 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 INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MMIDDIYY) POLICY EXPIRATION DATE(MMIDDIYYI LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ PRODUCTS-COMP/OPAGG $ COMMERCIAL GENERAL LIABILITY CLAIMS MADE ❑ OCCUR PERSONAL 8 ADV INJURY $ EACH OCCURRENCE $ OWNER'S b CONTRACTOR'S PROT FIRE DAMAGE (Any one fire( $ MED EXP (Any one person) $ B AUTOMOBILE X LIABILITY ANYAUTO GST250875-0000 01/01/01 01/01/02 COMBINED SINGLE LIMIT 51,000,000 (Per person) ALL OWNED AUTOS SCHEDULED AUTOS X X HIRED AUTOS NON-OWNED AUTOS GST250875-0000 GST250875-0000 01/01/01 01/01/01 01/01/02 01/01/02 BODILY INJURY (Per accident) $ PROPERTY DAMAGE S GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE f UMBRELLA FORM S OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY X WC STATU- OTH- TORY LIMITS ER EL EACH ACCIDENT $ 1,000,000 A THE PROPRIETOR/ INCL PARTNERWEXECUTIVE N6063775A 04/01/00 04/01/01 EL DISEASE-POLICY LIMIT $ 1,000,000 EL DISEASE -EA EMPLOYEE $ 1,000 000 OFFICERS ARE: EXCL OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS *Except. 10 days notice of cancellation for non payment of premium or non s2/02�01)n of payroll report (This cert. cancels and supersedes cert. dated CERTIFICATE HOLDER CANCELLATION SANJU-3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPI NATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL City of San Juan Capistrano Capistrano Valley Water Dist. Attn: Craig Harris *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 32400 Pasel Adelanto OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE 1 San Juan Capistrano CA 92675 Larry Larson, CIC ACORD 2" (1195) .. ACORD CORPORATION 1988 0 0 POLICY NUMBER: MGL0127428 COMMERCIAL GENERAL LIABILITY CG 20 10 10 93 INURED: Marbella Commerce Center, 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 Attn: Craig Harris 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (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. CG 20 10 10 93 Copyright, Insurance Services Office, Inc., 1992 ACORD CERTIFIC/WE OF LIABILITY INS NC H81 °02/02/0� PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Prinue ,6 Fleming Ins. Brkrs . HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 17330 Brookhurst Street, #320 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE Fountai:a Valley CA 92708 COMPANY A Mt. Hawley Insurance Company Larry Larson, CIC Phone No. 714-965-5665 Fax No.714-964-6331 INSURED COMPANY B Marbella Commerce Center, Inc. COMPANY Paul Toberty C 1740 W Kattela #A Orange CA 92867 COMPANY p 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 POLICYEFFECTIVE DATE (MM/DD/YY) POLICYEXPIRATION DATE (MM/DDM') LIMITS GENERAL LIABILITY GENERAL AGGREGATE s2,000,000 A X COMMERCIAL GENERAL LIABILITY MGLO127428 08/03/00 08/03/01 PRODUCTS -COMP/OPAGG $1,000,000 CLAIMS MADE[111OCCUR PERSONAL &ADV INJURY $1,000,000 EACH OCCURRENCE $1,000,000 OWNER'S & CONTRACTOR'S PROT RE DAMAGE(Any one fire) $ 50,000 MED EXP (Any one person) $ 5,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANYAUTO BODILY INJURY $ (Per person) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY $ (Per aodd.nt) HIRED AUTOS NON OMED AUTOS PROPERTY DAMAGE S GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ UMBRELLA FORM $ OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC STATU- OTH- TORY LIMITS ER EL EACH ACCIDENT $ THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE EL DISEASE - POLICY LIMIT $ EL DISEASE - EA EMPLOYEE $ OFFICERS ARE: EXCL OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS Cer ificate holder is named as an additional insured in regards to form CG2 10(10-93) attached re arding project @ San Juan Capistrano Office Park, 3090 Rancho Viejo Road an Juan Capistrano, CA (This cert. cancels 6 cert. dated 62 01/01) *Except 10 days notice of cancellation for SUPsup®raedes a ent of premium CERTIFICATE HOLDER CANCELLATION SANJU-3 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 *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Capistrano Valley Water Dist. Attn,. Craig Harris BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 32400 Paseo Adelanto OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE San Juan Capistrano CA 92675 Larry Larson, CIC 16wcan -na_ ACORD 25S (1/95) .. ACORD CORPORATION 1988 A ORD CERTIFICA* OF LIABILITY INSUFONCkm DH DATE (MM/DDIYY) TER -2 04/02/01 PRODUCER INSR LTR rypE OF INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION POLICYEFFECTIVE DATE MM/DDM' POLICYEXPIRATION DATE MM/DD/YY LIMITS ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Prince 6 Fleming Ins. Brkrs . San Juan Capistrano CA 92675 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 17330 Brookhurst Street, #320 FIRE DAMAGE (Anyone fire) $ ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE Fountain Valley CA 92708 Phone:714-965-5665 Fax:714-964-6331 INSURED CLAIMS MADE OCCUR INSURER A: Royal Insurance INSURER B: California Indemnity IRs Cc Marbella Commerce Center, A California Corporation Paul Toberty 1740 W. Katella Ave., Ste. Orange CA 92667 Inc. A INSURER C. INSURER D: ------ GENERAL AGGREGATE $ 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 rypE OF INSURANCE POLICY NUMBER POLICYEFFECTIVE DATE MM/DDM' POLICYEXPIRATION DATE MM/DD/YY LIMITS 32400 Pasel Adelanto GENERAL LIABILITY San Juan Capistrano CA 92675 EACH OCCURRENCE $ FIRE DAMAGE (Anyone fire) $ COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY f GENERAL AGGREGATE $ GEN -L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ POLICY PECT RO- LOC J A AUTOMOBILE X LIABILITY ANYAUTO R ST -250875 0000 01/01/01 01/01/02 COMBINED SINGLE LIMIT (Ea accident( f BODILY INS 1,000,000 (Per personn() ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY f (Per accident) X X HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accider" GARAGE LIABILITY AUTO ONL @T gPENT ANY AUTO OTHER THAW -c Et ACC $ Al AUTO ONL� AGO J/T7 EXCESS LIABILITY EACH DDDuwryp @n $ < OCCUR CLAIMS MADE gGGREGA2 O DEDUCTIBLE f RETENTION f B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY N6063775A j 04/01/ 1 04/01/02 X TOR LIMITS ER E.L.EATH CHA CIDENT f 1,000,000 EJ-.DISEASEEA EMPLOYE E 1,000,000 _ - E.L. DISEAS POLICY LIMIT E 1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: Construction of Water Facilities - 30900 Rancho Viejo Road (*Except 10 days notice of cancellation for non payment of premium or non submission of payroll report) CERTIFICATE HOLDER I N I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION SANJU-3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL *30 DAYS WRITTEN City of San Juan Capistrano NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Capistrano Valley Water Dist. Attn: Craig Harris IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 32400 Pasel Adelanto REPRESENTATIVES. San Juan Capistrano CA 92675 I LarrV Larson CIC an Gx.T ACORD 25-S (7/97) ©ACORD CORPORATION 1988 i i 32400 PASEO AOELANTO SAN .JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) www.sanjuancapistrano.org March 25, 2001 Mr. Paul Toberty Marbella Commerce Center 1740 W. Katella Avenue, Suite A Orange, CA 92667 `oA" daa„ 0 it"•/ II(IAlllll(1 (IIAllI1Yf1 � 196) 1776 MEMBERS OF THE CITU COUNCIL DANE L. BA1HGATE JOHNS. GEUFF JOHN GREINER MATT HART OAVIO M. SWEROUN CITU MANAGER GEORGE SCARBOROUGH RE: Compliance with Insurance Requirements - Construction of Water Facilities - 30900 Rancho Viejo Road The following insurance document is due to expire: IWorkers Compensation 4/1/01 Please submit updated documentation to the City of San Juan Capistrano, attention City Clerk's office, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 by the above expiration date. If you have any questions, please contact me at (949) 443-6310. Sincerely, 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 11 CALIFORNIA VVENTY DAY PRELIMWY NOTICE PREPARED FOR THE CL4AdANT BY: ASSET RESEARCH SERVICES, INC. P O Box 50057 Phoenix, Arizona 85076 480-9404290 Toll free 1-800-783-9636 Fax 888-496-5736 NOTICE 1S HEREBY GIVEN that ACOUSTICAL MATERIAL SERVICES ANAHEIM BRANCH 2940 E WHITE STAR AVENUE ANAHEIM CA 92806 714 237-1725 Has or will Furnish labor, services, equipment, or materials, generally described as: CEILING TILE. DRYWALL, DOORS & RELATED PRODUCTS To be furnished or fumished for the building, structure or the work of improvement 30950 RANCHO VIEJO RD SAN JUAN CAPISTRANO. CA 92675 ORANGE COUNTY, CALIFORNIA PICERNE INVESTMENT MANAGEMENT CORP APN 650-631-01 Name of Penson or Film who contracted for purchase of the labor, services, e ui em, or materials is: TRUFORM CONSTRUCTION 3315 E MIRLOMA AVENUE #119 ANAHEIM CA 92806 714 961-7447 An estimate of the total prim of said labor, services, equipment or materials is: $11000. 00 ••• NOTICE TO PROPERTY OWNER ••• IF BELLS ARE NOT PAID IN FULL FOR THE LABOR SERVICES EQUIPMENT OR MATERIALS, FURNISHED OR TO BE FURNISHED, A MECHANIC'S LIEN LEADING TO THE IHSS, THROUGH COURT FORECLOSURE PROCEEDINGS, OF ALL OR PART OF YOUR PROFERTY BEING SO IMPROVED MAY BE PLACED AGAINST THE PROPERTY EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL YOU MAY WISH TO PROTECT YOURSELF AGAINST THIS CONSEQUENCE BY: (1) REQUIRING YOUR CONTRACTOR TO FURNISH A SIGNED RELEASE BY THE PERSON OR FIRM GIVING YOU THIS NOTICE BEFORE MAKING PAYMENT TO YOUR CONTRACTOR (2) ANY OTHER METHOD OR DEVICE THAT IS APPROPRIATE UNDER THE CIRCUMSTANCES. Inv/Job# or Amends- 412185 OC GALE MA Contract/Project #'I TRUF/PICERNE DATED 09/12/2002 ASSETRESWCFLBFR Liittht:d�4ge BY Y LL......._ . FOR: ACOUSTICAL MATERIAL SERVICES ANAHEIM BRANCH Do #777928 CPRLM Rws#41676 atch#5345\1\15:18\A A3—COPY IN ACCORDANCE WITH SECTION 3097 AND 3098, CALIFORNIA CIVIL CODE ••• THIS IS NOT A LIEN. ••• THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR OWNER OR REPUTED OWNER OR PUBLIC AGENCY MARBELLA COMMERCE CENTER LLC 1740 W KATELLA AVENUE #A ORANGE CA 92867 CERTIFIED MAIL # 7119 6571 7070 0172 5901 LENDER OR REPUTED LENDER FIRST REGIONAL BANK 1801 CENTURY PARK EAST ATTN CONST LOAN DEPT CENTURY CITY CA 90067 310 552-1776 CERTIFIED MAIL # 7119 6571 7070 0172 5918 ORIGINAL OR REPUTED ORIGINAL CONTRACTOR J L C ASSOCIATES INC 17821 SKY PARK CIRCLE IRVINE CA 92714 949 224-1955 CERTIFIED MAIL # 7119 #L 6571 7070 0172 5925 SUBCONTRACTOR with whom claimant has contracted TRUFORM CONSTRUCTION 3315 E MIRLOMA AVENUE #119 ANAHEIM CA 92806 714 961-7447 ALSO NOTIFIED PICERNE INVESTMENT MANAGEMENT CORP 30950 RANCHO VIEJO ROAD SAN JUAN CAPISTRANO CA 92675 7119 6571 7070 0172 5932 CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO CA 92675 7119 6571 7070 0172 5949 IF THIS NOTICE 13 GIVEN BY A SUBCONTRACTOR WHO HAS FAILED TO PAY AL1, COMPENSATION DUE TO HIS OR HER LABORERS ON THE JOB. TI IIS NOTICIi SHALL ALSO CONTAIN THE IDENTITY AND ADDRESS OF ANY LABORER AND ANY EXPRESS TRUST FUND TO WHOM EMPLOYER PAYMENTS ARE DANT AS FOLLOWS TRUST FUNDS TO WHICH SUPPLEMENTAL FRINGE BENEFI"1'S ARE PAYABLE. •ASSET RESEARCH SERVICES. INC. IS ACTING ONLY AS LWITED AGETFOR'ILL CLAIMANT' AND HAS NO AUTHORITY BEYOND THE PREPARATION OF DOCUMENTS NEL'E'SSARY'r0 IMPOSE A CLAIM OF LIEN. THE ABOVE INFORMATION NEEDS VERIFICATION PRIOR TO FILING A LIEN 0 1995 ASSET RESEARCH SERVICES, INC. 5L9Z6 VO ONVH1SIdV3 Nvnr NVS O1NV130V 03SVd OObZE ONVM1SIdVO Nvn NVS :10 A110 SULLL #WIUdO 33IlON AHVNIWIl3Md AVO AIN3Ml VINHOJIIV3 :1NVIHOdWI 6h6S 2L20 OLOL TLS9 LTTL 1900-9LO98 euomV Xlua04d ri'j % 19009 X08 OU4 0 190d a a ayy -oul 'sg3MJGS 40jeasom Jassy 11 CALIFORNIA IVENTY DAY PRELIMIPWY NOTICE 11 PREPARED FOR THE CIALLfANT BY: ASSET RESEARCH SERVICES, INC. P O Box 50057 Phoenix Arizona 85076 480-940-4290 Toll free 1-800-783-9636 Fax 888-496-5736 NOTICE IS HEREBY GIVEN that ACOUSTICAL MATERIAL SERVICES SAN BERNARDINO BRANCH 456 E INDUSTRIAL ROAD SAN BERNARDINO CA 92408 909 796-6926 Has or will Furnish labor, services, equipment, or materials, generally described as: CEILING TILE, DRYWALL, DOORS & RELATED PRODUCTS To be famished or fumished for the building, Stmcture or the work of improvement 30900 RANCHO VIEJO ROAD SAN JUAN CAPISTRANO. CA 92675 ORANGE COUNTY. CALIFORNIA DELTA GROUP, LOT 1, TRACT 15386 APN 650-631-01 Name of person or Finn who contracted for purchase of the labor, services, equipment. M materials is: PACIFIC WEST INTERIORS 7231 BOULDER AVENUE HIGHLAND CA 92346 909 316-0422 An estimate of the total price of said labor, services, equipment or materials is: 85000.00 ••• NOTICE TO PROPERTY OWNER "• IF HILLS ARE NOT PAID IN FULL FOR THE LABOR SERVICES, EQUIPMENT OR MATERIALS, FURNISHED OR TO BE FN HED, A MECHANIC'S LIEN LEADING TO THE LASS, THROUGHt/l1N1� IA SURE PROCEEDINGS, OF ALL OR PART OF YOUR PROPERTY BEINGPS SMPROVED MAYBE PLACED AGAINST THE PROPERTY EVEN THOUGH YOU HAVE PAD) YOUR CONTRACTOR IN FULL YOU MAY WISH TO PROTECT YOURSELF AGAINST THIS CONSEQUENCE BY: (1) REQUIRING YOUR CONTRACTOR TO FURNISH A SIGNED RELFASE BY THE PERSON OR FIRM GIVING YOU THIS NOTICE BEFORE MAKING PAYMENT TO YOUR CONTRACTOR (2) ANY OTHER METHOD OR DEVICE THAT IS APPROPRIATE UNDER THIN CIRCUMSTANCES. Inv/,Job# or Amends: PCWI35/SBO Contract/Project #: PCWI35/SBO DATED 04/26/2002 ASSETc2eu1 u BY �C✓^ FOR: ACOUSTICAL MATERIAL SERVICES SAN BERNARDINO BRANCH Doc#736920 CPRLM Rws#35439 Batch#5 48\1\10;08\A Cr4l(Gfrl�5 W 6M W Icy C IN ACCORDANCE WITH SECTION 3097 AND 3098, CALIFOR A CIVIL CODE ••• THIS IS NOT A LIEN. *" THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR OWNER OR REPUTED OWNER OR PUBLIC AGENCY PAUL TOBERTY 1740 W KATELLA AVENUE ORANGE CA 92867 714 997-4436 CERTIFIED MAIL # 7119 #A 6571 7070 0131 3313 LENDER OR REPUTED LENDER FIRST REGIONAL BANK 1801 CENTURY PARK EAST #800 ATTN: CONST LOAN DEPT CENTURY CITY CA 90067 310 552-1776 CERTIFIED MAIL # 7119 6571 7070 0131 3320 ORIGINAL OR REPUTED ORIGINAL CONTRACTOR PAUL TOBERTY GENERAL CONTRACTOR 1740 W KATELLA AVENUE #A ORANGE CA 92867 714 997-4436 CERTIFIED MAIL # 7119 6571 7070 0131 3337 SUBCONTRACTOR with whom claimant has contracted PACIFIC WEST INTERIORS 7231 BOULDER AVENUE HIGHLAND CA 92346 909 316-0422 ALSO NOTIFIED CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO a SAN JUAN CAPISTRANO CA 98675 7119 6571 7070 0131 3344 .i rn N o _ _m -< N G a m v 3 O N IF THIS NOTICE IS GIVEN BY A SUBCONTRACTOR WHO HAS FAILED TO PAY ALL COMPENSATION DUE TO HIS OR HER LABORERS ON THE JOB, THIS NOTICE SHALL ALSO CONTAIN THE IDENTITY AND ADDRESS OF ANY LA13ORE-R AND ANY EXPRESS TRUST FUND TO WHOM EMPLOYER PAYMENTS ARE DUE, AS FOLLOWS: TRUST FUNDS TO WHICH SUPPLEMENTAL FRINGE BENEFIT'S ARE PAYABLE 'ASSET RESEARCH SERVICES, INC. IS ACTING ONLY AS LIMNED AGSM' FOR INC CLAIM" I' AND HAS NO AUTHOR BEYOND THE PREPARATION OF DOCUMENTS NECESSARY TO IMPOSE A CLAIM OF LIEN. ME ABOVE INFORMATION NEEDS VERIFICATION PRIOR TO FILING A LIEN A2—COPY 77 ®1995 ASSET RESEARCH SERVICES. INC. ' -�5`/V C— 11it, 1„111"►111111111111,yl"I1111 IT It, II;11VIIlI„,i'11 -FS? c:.,'...ar.: �•s�<r1 �.->�. 9L9Z6 VO ONVM1SIdV3 Nvn NVS O1NV13OV 03SVd 00tZ£ ONVUISIdVO Nvnr NVS d0 A110 OZ69£L #WlUd0 331ION AUVNIW1138d Abid AlN3Ml VlNll03IlV3 :lNdlHOdWl hhEE TETT OLOz TL59 6TTL L900-9LOSS RUOVJV IU LSOOS xog Xlsod 0 ulvvy •auk 'sG3!AJOS 4aees d3e sy CALIFORNIA IWNTY DAY PRELIMUORY NOTICE PREPARED FDR THE CLAIMANT BY: ASSET RESEARCH SERVICES, INC. P O Boz 50057 Phoenix. Arizona 85076 480-9404290 Toll free 1-800-783-9636 Fax 888-496-5736 NOTICE IS HEREBY GIVEN that ACOUSTICAL MATERIAL SERVICES SAN BERNARDINO BRANCH 456 E INDUSTRIAL ROAD SAN BERNARDINO CA 92408 909 796-6926 Has or will Furnish labor, services, a uui n_tent, or materials, generally described as: CEILING TILE, DRYWALL. DOORS & RELATED PRODUCTS To be furnished or furnished for the building, structure or the work of improvement 30900 RANCHO VIEJO ROAD SAN JUAN CAPISTRANO. CA ORANGE COUNTY, CALIFORNIA MARBELLA COMMERCE CENTER APN 650-631-01 Name of Person or Firm who contracted for purchase of the labor, services, equipment, or materials is: _ PACIFIC WEST INTERIORS 7231 BOULDER AVENUE HIGHLAND CA 92346 909 316-0422 An estimate of the total pnce of said labor, services, equipment m materials is: F 5000.00 •*• NOTICE TO PROPERTY OWNER..* IF BOAS ARE NOT PAID IN FULL FOR THE LABOR SERVICES, EQUIPMENT OR MATERIALS, FURNISHED OR TO BE FURNISHED, A MECHANIC'S LIEN LEADING TO THE LOSS, THROUGH COURT FORECLOSURE PROCEEDINGS, OF ALL OR PART OF YOUR PROPERTY BEING SO IMPROVED MAY BE PLACED AGAINST THE PROPERTY EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL YOU MAY WISH TO PROTECT YOURSELF AGAINST THIS CONSEQUENCE BY: (1) REQUIRING YOUR CONTRACTOR TO FURNISH A SIGNED RELEASE BY THE PERSON OR FIRM GIVING YOU THIS NOTICE BEFORE MAKING PAYMENT TO YOUR CONTRACTOR (2) ANY OTHER METHOD OR DEVICE TILT IS APPROPRIATE UNDER THE CIRCUMSTANCES. X�� Z(' # - 4/ig1�Inv/Job# or Amends: PSBO CATHIE BC Contract/Project #: PCWI34/MARBELLA CTR U DATED 04/16/2002 UVJ ASSET,R nORCkgER L: 14Mted-ABeq� BY L FOR: ACOUSTICAL MATERIAL SERVICES SAN BERNARDINO BRANCH Doc#733395 CPRLM Rws#35075 Batch#5026\1\14:51\A A2 COPY IN ACCORDANCE WITH SECTION 3097 AND 3098, CALIFORNIA CIVIL CODE • •• THIS IS NOT A LIEN. ••* THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR OWNER OR REPUTED OWNER OR PUBLIC AGENCY MARBELLA COMMERCE CENTER 1740 W KATELLA AVENUE #A ORANGE CA 92867 CERTIFIED MAIL # 7119 6571 7070 0127 9206 LENDER OR REPUTED LENDER *** OWNER FINANCED *** CERTIFIED MAIL # ORIGINAL OR REPUTED ORIGINAL CONTRACTOR MARBELLA COMMERCE CENTER 1740 W KATELLA AVENUE #A ORANGE CA 92867 SUBCRONTIRACTOR with whom claimant has contracted PACIFIC WEST INTERIORS 7231 BOULDER AVENUE HIGHLAND CA 92346 909 316-0422 a ALSO NOTIFIED a � -=r co s m W a - m oI m CITY OF SAN JUAN CAPISTRANO r=j tV 32400 PASEO ADELANTO SAN JUAN CAPISTRANO CA 92675 7119 6571 7070 0127 9213 IF THIS NOTICE IS GIVEN BY A SUBCONTRACTOR WHO HAS FAILED TO PAY ALL COMPENSATION DUE TO HIS OR HER LABORERS ON THE JOB, THIS NOTICIi SHALL ALSO CONTAIN THE IDENTITY AND ADDRESS OF ANY LABORER AND ANY EXPRESS TRUST FUND TO WHOM EMPLOYER PAYMENTS ARE DUE AS FOLLOWS. TRUST FUNDS TO WHICH SUPPLEMENTAL FRINGE BENEFITS ARE PAYABLE 'ASSEr RESEARCH SERVICES, INC. IS ACBNG ONLY AS LIMITED AGENT MR TIE CLAIMANI AND HAS NO AUTHORITY BEYOND THE PREPARATION OF DOC.IJME'MS NOCESSARYTU IMPOSE A CLAIM OF LIEN. 'INE ABOVE INFORMATION NEEDS VERIFICATION PRIOR TO FILING A LIEN 01995 ASSEr RESEARCH SERVICES INC. '�`u in ia'u'alu'a'Ianin"n,{a n't'a�ua'u ��a iaiun�a`� ct.'S:% C....'.'. .: L'::: �+•_a .::.. .: .::;•r,'a. 9L9Z6 VO ONVUJLSIdVO Nvnr NVS O-LNVl3GV 03SVd OObZE ONVd1SIdVO Nvnr NVS :10 A-LIO 96EEEL #WlUdO 331ION AHVNlWll3ad Abid A1N3M1 VINUO:IIIV3 :1NVIHOdWl ET26 L2TO MAL TL59 6TTL 610016 L900 -9L098 auomV xry004d i- it Y ZP ognIvIll LS009 x08 DDWO lsOd roui '9e0weg iessy yaeasey �w 0 32400 PAsEo ADELAN70 SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) December 7, 2000 Mr. Paul J. Toberty Marbella Commerce Center, Inc. 1740 West Katella, Suite A Orange, California 92867 Ar, ase„ + / 00IHIIIf1 BIAIIBIII 1961 1776 Re: Development Agreement for Construction of Water Facilities Dear Mr. Toberty: MEMBERS OF THE CITY COUNCIL DIANE L. BATHGATE COULENE CAMPBELL JOHN GREINER MATT NART DAVID M. SWERDLIN CRY MANAGER GEORGE SCARBOROUGH At their meeting of December 5, 2000, the City Council of the City of San Juan Capistrano approved a Development Agreement with your company for the construction of water facility within the Marbella Commerce Center at 30900 Rancho Viejo Road. A fully - executed copy of the Agreement is enclosed for your files. The City has not yet received the insurance required Sin Section VIII of the Agreement. Please forward the required certificates and liability endorsement to the City Clerk's office as soon as possible. Thank you for your cooperation. Please feel free to contact Craig Harris, Assistant Engineer, at 949-487-4305. Very truly yours, CherylJohnso City Clerk Enclosure cc: The Keith Companies Public Works Director (with enclosure) Craig Harris (with enclosure) San Juan Capistrano: Preserving the Past to Enhance the Future RESOLUTION NO. 00-12-5-3, REMOVING "NO STOPPING ANYTIME' ZONE - CAMINO CAPISTRANO - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REMOVING THE EXISTING "NO STOPPING ANYTIME" ZONE ON THE EAST SIDE OF CAMINO CAPISTRANO RESOLUTION NO. 00-12-5-4 ESTABLISHING "NO STOPPING ANYTIME" ZONES ON CAMINO CAPISTRANO - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING "NO STOPPING ANYTIME" ZONES ON THE EAST SIDE OF CAMINO CAPISTRANO 6. APPROVAL OF LICENSE AGREEMENT EXTENSION — TEMPORARY PUMPING STATION AND PIPELINES, AVENIDA DE LA VISTA (SHIBATA) 60( 0.30) As set forth in the Report dated December 5, 2000, from the Engineering and Building Director, approval was given to extend the License Agreement with Mr. Hideo Shibata to December 31, 2002, to allow the City to continue to access, maintain and operate a temporary pumping station and associated pipework on Mr. Shibata's property which bypasses a storm -damaged Trabuco Creek sewer crossing. The Mayor was authorized to execute the Agreement on the City's behalf. APPROVAL OF PLANS AND SPECIFICATIONS — LA RONDA CHANNEL REPAIRS (600.30) As set forth in the Report dated December 5, 2000, from the Director of Public Works, the Plans and Specifications and call for bids was approved for the repair of the erosion - damaged La Ronda Storm Drain Channel as prepared by P&D Consultants. 8. APPROVAL OF DEVELOPMENT AGREEMENT FOR CONSTRUCTION OF —� WATER FACILITIES —MARBELLA COMMERCE CENTER, 30900 RANCHO_ VIEJO ROAD (MARBELLA COMMERCE CENTER, INC.) (600.30) A, As set forth in the Report dated December 5, 2000, from the Director of Public Works, the Development Agreement with Marbella Commerce Center, Inc., for Construction of Water Facilities at the Marbella Commerce Center, was approved. The Mayor and City Clerk were authorized to execute the Agreement. 9. APPROVAL OF AMENDING AGREEMENTS FOR AFTER SCHOOL RECREATION PROGRAMS (CAMP FIRE BOYS AND GIRLS, ORANGE COUNTY COUNCIL AND BOYS & GIRLS CLUB OF CAPISTRANO VALLEY INC.) (600.30) As set forth in the Report dated December 5, 2000, from the Director of Community Services, amendments to the following Agreements for after school recreation programs were approved to discontinue the Rising Stars program at Del Obispo & Kinoshita City Council Minutes -12- 12/05/00 0 0 AGENDA ITEM December 5, 2000 TO: George Scarborough, City Manager FROM: Amy Amirani, Public Works Director SUBJECT: Consideration of Approval of Development Agreement for Construction of Water Facilities — Marbella Commerce Center, 30900 Rancho Viejo Road, (Marbella Commerce Center, Inc.) RECOMMENDATION By Motion: Approve the Development Agreement for Construction of Water Facilities with Marbella Commerce Center, Inc. 2. Authorize the Mayor and City Clerk to execute the Development Agreement for Construction of Water Facilities. SITUATION A. Summary and Recommendation Marbella Commerce Center, Inc., the current owner/developer of a 47,920 square foot commercial office building, on 2.88 acres of land subdivision in Tract 15386, located at 30900 Rancho Viejo Road has submitted a request to process a "Development Agreement for Construction of Water Facilities". The agreement, as well as the water improvement plans, have been reviewed by the Public Works Department and were found to be in compliance with City and District standards and specifications. All applicable fees outlined in this agreement were paid on October 31, 2000 and appropriate securities have been submitted to the District. The developer has signed the "Development Agreement for Construction of Water Facilities" (Attachment 1) and the agreement is ready for Council consideration. FOR CITY COUNCIL AGEN�_ <, 0 AGENDA ITEM • • Page 2 of 3 December 5, 2000 B. Background As a condition to the approval for the project, the owner/developer was required to construct adequate water facilities for domestic service, irrigation service, and fire protection improvements for the subject property. The offsite water facilities will be constructed as public water facilities. These offsite water facilities will consist of a 2 -inch domestic service, 2 -inch irrigation service, and 12 -inch fire service. The onsite water facilities will be constructed as a private water system and shall be the property owners' responsibility to maintain. The offsite water facilities shall be constructed within the public right-of-way and an easement to be dedicated to the District as required for the double check detector check assembly. The dedication and acceptance of the necessary easement will be scheduled at a later date as part of the acceptance of the water facilities agenda item. COMMISION/BOARD REVIEW, RECOMMEDATIONS The Environmental Administrator, Design Review Committee, and Planning Commission have previously reviewed and approved the Marbella Commerce Center project. 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. NOTIFICATIONS Paul J. Toberty, Marbella Commerce Center Kevin McDonald, The Keith Companies ALTERNATE ACTION By Motion: Approve the Development 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.N AnVI.%SP\MRRRI.AORA(:F.NDA DOC AGENDA ITEM December 5, 2000 By Motion: Page 3 of 3 1. Approve the Development Agreement for Construction of Water Facilities with Marbella Commerce Center, Inc. 2. Authorize the Mayor and City Clerk to execute the Development Agreement for Construction of Water Facilities. Respectfully submitted: (-1 M t Grn v"q-' Amy Amirani Public Works Director Prepared By: C.-,- 4, Craig L. Harris Assistant Engineer AA/CH:clh Attachments: 1. Development Agreement for Construction of Water Facilities 2. Location Map W \FKCAT)Vf.P\%PIMRRFT.AORACiFN )A.TNX; FLI % 1 I I . C4MINO x,15 ItAMblP' �' M t , i SumNest Bank February 6, 2001 Capistrano Valley Water District 32450 Pasco Adelanto San Juan Capistrano, CA 92675 Attention: George Scarborough, General Manager Beneficiary: Capistrano Valley Water District Account Party: Marbella Commerce Center, Inc. Letter of Credit #100897201 Amount: U.S. (Thirty-one thousand seven hundred six and 40/100) - $31,706.40 Gentlemen: We hereby establish our Irrevocable Letter of Credit ("Credit") in your favor, at the request and for the account of the Account Party, for an amount not exceeding U.S. $31,706.40, effective immediately, available by your sight draft(s) drawn at sight on us completed by you in substantially the form attached as Exhibit 1 and accompanied by the documents listed below. If a total draw, the original of this Credit and your signed statement by the General Manager or District Legal Counsel that: This Credit is being drawn in conjunction with the failure of the Account Party to perform in accordance with the Development Agreement dated December 5, 2000. Partial drawings are permitted hereunder, but in no case will aggregate drawings be greater than $31,706.40. If partial draws are requested, a copy of this Credit is required to accompany the sight draft. This Credit is issued to fulfill the requirements of the Capistrano Valley Water District, a County Waterworks District organized under section 55000 of the California Water Code, covering certain improvements installed by Account Party and in accordance with the Development Agreement dated December 5, 2000 for property located at 30900 Rancho Viejo Road, San Juan Capistrano. This Credit will expire on February 6, 2002. This credit shall be governed by the laws of the State of California and the commercial code applicable to letters of credit. This Letter of Credit is subject to the Uniform Customs and Practices for Documentary Credits, 1993 revision, International Chamber of Commerce Publication No. 500. Please direct all drafts drawn in compliance with the terms of this Credit to Sunwest Bank, 535 E. First Street, Tustin, CA 92780, attention: Credit Administration. Sincerely, Sunwest Bank Carl P. Patsko, Senior Vice President J. S. Barks, Vice President 535 East First Street, Tustin, CA 92780 Exhibit 1 SIGHT DRAFT TO: Sunwest Bank 535 East First Street Tustin, CA 92780 Attn: Credit Administration Date: Pay on demand to Capistrano Valley Water District the sum of U.S. $ This draft is drawn under your Irrevocable Letter of Credit #01000897201, for the Account Party, Marbella Commerce Center, Inc. Comments or Instructions: CAPISTRANO VALLEY WATER DISTRICT Print Name: