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1991-0416_MARBELLA GOLF VILLAS JOINT VENTURE_Agr for Constr of Water Fclts1 0 AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES THIS AGREEMENT, dated this 16th day of April, 1991, by and between MARBELLA GOLF VILLAS JOINT VENTURE herein after called "Developer", and CAPISTRANO VALLEY WATER DISTRICT, herein after called "District". W I T N E S S E T H: WHEREAS, Developer wishes to obtain water services from District for property known as TRACT 13532 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 and District that: I. CONSTRUCTION AND COMPLETION 1. Developer shall, at its sole cost and expense, construct and install within 365 consecutive calendar days after the above date of this Agreement, all of the water facilities shown and delineated upon the improvement plans entitled "Improvement Plans for Marbella Golf Villas, Tract 13532" as approved by the District Engineer and the City Engineer of the City of San Juan Capistrano and on file with said City and by reference made a part 1 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 District's inspection, and shall indemnify and hold harmless District, its agents, and employees 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 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. II. USE OF WATER 1. Developer hereby expressly agrees that no water shall be used by Developer, or by Contractor or any Subcontractor, 2 for construction purposes except through a connection authorized by District. Developer acknowledges that Section 499 of the California Penal Code provides that unauthorized use of water is a misdemeanor, and District hereby states its intent to strictly enforce said Penal Code Section. 2. In addition to any criminal penalties, and not as a substitute therefor, 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. III. FEES, CHARGES, AND SECURITIES 1. Developer shall, prior to the execution of this Agreement, pay District the following sums: (a) $10,894.86 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 $167,613.25. 3 (b) $1,800.00 for the furnishing and installation by District of 4 - 2" irrigation meters. (c) $6,516.00 for Capital Improvement Charges which sum is based on $1,629.00 per irrigation meter. (d) $400.00 for Water Storage Charges $100.00 per irrigation meter. (e) $9,800.00 for the furnishing and installation by District of 28 - lZ" fireline meters. 2. In addition to the above sums, a letter of credit to secure the faithful performance of this Agreement in the sum of $184,000.00 is hereby approved. 3. When additional buildings on this property are constructed, Capital Improvement Charges, Water Storage Charges, Water Capacity Charges, and Meter Fees for the additional development shall be paid prior to additional water service being provided. IV. 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. V. GENERAL 1. Developer hereby offers to dedicate to District the water facilities together with necessary easements. 4 `J 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 attorneys' fees. 5 0 ! IN WITNESS WHEREOF, the parties hereto have executed this Agreement, consisting of six (6) pages, on the above date. CAPISTRANO VALLEY WATER DISTRICT 32450 Paseo Adelanto San Juan Capistrano, CA 92675 (714) 493-1515 By:. Chairman of the Board of Directors ATTEST: Clerk of the Board of Directors Capistrano Valley Water District i MARBELLA GOLF VILLAS JOINT VENTURE 15342 Hawthorne Blvd. Suite 400 LawZ:4 0 By: Iv o Stamegna, esi nt ATT T: Title MARGOLF.AGR 6 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) February 26, 1999 Catellus Residential Marbella 5 Park Plaza Suite 400 Irvine, California 92614 JMw9 • • IA11111111i1 RIOIB111 1961 1776 MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL JOHN GREINER WYATT HART GIL JONES DAVID SWEROUN CITY MANAGER GEORGESCARBOROUGH Re: Renewal of General Liability Certificate of Insurance (Marbella Golf Villas Joint Venture, Tract 13532) ---- Gentlemen: The General Liability Certificate of Insurance, regarding the above -referenced project is due to expire on March 8, 1999. In accordance with your agreement, the insurance certificate needs to be renewed for an additional period of one year. The agreement requires a general liability endorsement form naming the City of San Juan Capistrano as well as the Capistrano Valley Water District as additional insureds. I have included our City approved endorsement form to submit to your insurance company; however, your insurance company may provide their own endorsement form. Please forward the updated certificate and the endorsement form to the City, attention City Clerk's office, by March 8, 1999. 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 Enclosure cc: Cheryl Johnson, City Clerk Craig Harris, Engineering Department DRUG USE Is ADUSD San Juan Capistrano: Preserving the Past to Enhance the Future 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 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 EFFECTNE POLICY E%PIRATION LIMITS LTR DATE (MM/DDNY) DATE (MM/DD/YY) GENERAL LIABILITY I I GENERAL AGGREGATE 1 a 2000000 A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR OWNER'S& CONTRACTOR'S PROTI 99GLP1003258 3/01/99 3/01/00 PRODUCTS - COMP/OP AGO $ 1000000 AGGREGATE PERSONAL &AOV INJURY $ 1000000 _ J S EACH OCCURRENCE $ 1000000 FIRE DAMAGE (Any one fire) IS 50000 MED EXP IAny one person) S WC STATU- OTH- V IMIT R AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS CAPISTRANO VALLEY NATER DISTRI ADIV t p ��((?? ENV .�i 16 �99 I t' I OTHER COMBINED SINGLE LIMIT li S BODILY INJURY (Per parson) 8 BODILY INJURY (Per accident)$ PROPERTY DAMAGE �3 GARAGE LIABILITY ANY AUTO RECOMMENDATION ACTION COMMENTS FILE INFO AUTO ONLY - EA ACCIDENT 8 OTHER THAN AUTO ONLY: I EACH ACCIDENT i L DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS Re: Marbella Project City of San Juan Capistrano & Capistrano Valley Water District 32400 Paseo Adelante San Juan Capistrano, CA 92676 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL 1� MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, �DA5E1"_ T E n ✓ F, 000027000 EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM EACH OCCURRENCE 3 AGGREGATE 19 _ J S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR/ WCL PARTNERS/EXECUTIVE OFFICERS ARE: EXCL WC STATU- OTH- V IMIT R EL EACH ACCIDENT Is EL DISEASE -POLICY LIMIT B EL DISEASE - EA EMPLOYEE 5 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS Re: Marbella Project City of San Juan Capistrano & Capistrano Valley Water District 32400 Paseo Adelante San Juan Capistrano, CA 92676 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL 1� MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, �DA5E1"_ T E n ✓ F, 000027000 POLICY NUMBER: 99G*003258 COMMERCIAWENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) (including "Primary" Wording) 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 Adelante San Juan Capistrano, CA 92676 RE: Marbella Project (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 or related to .your work' or its supervision for that insured by or for you. The insurance afforded to such person or organization is primary. Any other insurance which such person or organization may have will be non-contributory. CAPISTRANO VALLEY VJATER DISTRICT ADM C, ENG M l 16 1999 AI -Primary SEC CG2010p (11-85) RECOMMENDATION FILE ACTION COMMENTS INFO III DATE (MMIDDIYY) -� 3/02/98 PpooUcER -- THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Aon Risk Services, Inc. of ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Southern California ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE 695 Town Center Drive, Ste 500 COMPANY Costa Mesa, CA 92626 714-641-8355 A Evanston Insurance Com na INSURED COMPANY Catellus Residential Marbella B—AArben Inc, c/o Catellus Residential COMPANY Group, Inc. C 5 Park Plaza, Suite 400 COMPANY Irvinal, Ca 92614 D CGf YRlt[5 .. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOT W ITHSTANDING ANY REOUIREMENT,TERMORCONDITION OFANYCONTRACTOROTHERDOCUMENT W ITHRESPECT TO W HICHTHIS 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 (MMIDDIYY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ 2000000 PRODUCTS-COMP/OP AGG $ 1000000 A X COMMERCIAL GENERAL LIABILITY GLP1003258 3/01/98 3/01/99 CLAIMS MADE [:�] OCCUR PERSONAL A ADV INJURY $ 1000000 OWNER'S A CONTRACTOR'S PROT EACH OCCURRENCE $ 1000000 FIRE DAMAGE (Any one fire) $ 50000 MED EXP (Any one person) It 5000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 4 ANY AUTO BODILY INJURY (Per person) S 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 S AGGREGATE S EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ UMBRELLA FORM S OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND STATUTORY LIMITS EMPLOYERS' LIABILITY EACH ACCIDENT $ THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE OFFICERS ARE: EXCL DISEASE - POLICY LIMIT $ DISEASE - EACH EMPLOYEE $ OTHER DESCRIP ION OF OPE RATIONSLOCATIONSRIEHICLESISPECIAL ITEMS Re: Marbella Project Additional Insured Endorsement Attached C j;:;'fIFICATEHS7I.I R. CANIv AMOCO., .. ,. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WELL ENDEAVOR TO MAL City of San Juan Capistrano & 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Capistrano Valley Water BUT FALURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Di s t r I c t OF ANY KIND UPON THE COMPANY, ITS A ENTS OR REPRESENTATIVES. AUTHORIZEDREPESENTATIVE 000027000 32400 Paseo Ade I ante San Jpan Capistrano CA 92576 AeQfiDB•S 3!#347:i]ACi�Ap _ CDRR$ti>'$�$li i9�8` 0 POLICY NUMBER: GLP1003258 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 (If no entry appears above, information required to complete this endorsement will be shown in the Declaration as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CG 20 10 77111111111111111111`- EADEb OF PROPERTY 14SU, RIM M- DATE (MM/OD(YY) 01121/98 THIS IS EVIDENCE THAT INSURANCE AS IDENTIFIED BELOW HAS BEEN ISSUED, IS IN FORCE, AND CONVEYS ALL THE RIGHTS AND PRIVILEGES AFFORDED UNDER THE POLICY PRODUCER COMPANY J&H Marsh & McLennan See Attached Addendum 3 Embarcadero Ctr. P.O. Box 193880 San Francisco, CA 94119-3880 CODE SUB -CODE INSURED II LOAN NUMBER I POLICYNUMBER Catellus Residential Marbella, Inc. —See Attached AddPn��I*n EFFECTIVE DATE (MM/DD/YY) EXPIRATION DATE (MMI CONT. UNTIL 5 Park Plaza Suite 400 10/1/97 10/1/98 TERMINATED _TLLF CHECKED Irvine. CA 92614 THIS REPLACES PRIOR EVIDENCE DATED I LOCATION/DESCRIPTION COVERAGE/PERILS/FORMS "All Risk" of direct physical loss or damage including Earthquake & Flood subject to specific exclusions and annual aggregate limit on Earthquake and Flood Limit of Liability: per occurrence and in the annual aggregate as respects EQ & Flood outside California AMOUNT OF INSURANCE I DEDUCTIBLE $100,000,000 $50,000/FL,EQ & SPVM EWLEAKAGE OUTSIDE CA $25,000/ALL OTHER PERILS. Limit of Liability: $50,000,000 5%/100,000 per occurrence and in the annual aggregate as respects California EQ & Flood ,W"�KS 0WUdk* $OWM C00016ft) No Coinsurance; Builders Risk Coverage applies; Replacement Cost Included; Soft Cost/Delayed Rental Value; No Occupancy Clause; Waiver of Subrogation applies; Vandalism and Theft Included. CANMLLI I THE POLICY IS SUBJECT TO THE PREMIUMS, FORMS, AND RULES IN EFFECT FOR EACH POLICY PERIOD, SHOULD THE POLICY BE TERMINATED, THE COMPANY WILL GIVE THE ADDITIONAL INTEREST IDENTIFIED BELOW .10 WRITTEN NOTICE, AND WILL SEND NOTIFICATION OF ANY CHANGES TO THE POLICY THAT WOULD AFFECT THAT INTEREST, IN ACCORDANCE WITH THE POLICY PROVISIONS OR AS REQUIRED BY LAW. -APOMMA , �,.JIfTEROM' NAME AND ADDRESS NATURE OF INTEREST City of San Juan Capistrano & MORTGAGEE 1 ADDITIONAL INSURED Capistrano Valley Water District I LOSS PAYEE (OTHER) 32400 Pasco Adelante San Juan Capistrano, CA 92676 ED AGENT OF COMPANY F CATELLUS DEVELOPMENT CORPORATION MASTER PROPERTY RENEWAL CERTIFICATE ADDENDUM Insurance Companies Policy No. Lexington Ins. Co. #8898677 Continental Casualty Ins. Co. #IM140214600 Allianz Ins. Co. #FS1030121 Travelers Indemnity Co. of Illinois #7XJPFF221T884596 Insurance Co. of the West #XH0134301503 Evanston Ins. Co. #MSP2112211 Westchester Fire his. Co. #IXS481978 American Empire Ins. Co. #7MP20792 American Alliance Ins. Co. #CPP2613602 RLI Ins. Co. #SFC0099112 USF&G #CPR14613838803 Allianz Ins. Co. #FS1030121 CRT-AT%.SAM „ TAN -29-1959 15:41 FROM 0 A4,11101110 0 '„ .. h� a ' `"...,,;„,,, .n.3. r.; .. . x«Y64✓ ._ .CF3k'?c e..... g. x, w7`xTx THIS CERTIFICATE IS ISSUED AS A MATTER DATE MMIDDIVY -. OF INFORMATION Aon Risk Services, Inc. of ONLY AND CONFERS NO RIGHTS UPON THE HOLDER. THIS CERTIFICATE DOES NOT AMEND, CERTIFICATE Southern California ALTER THE COVERAGE AFFORDED BY THE POLICIES EXTEND OR BELOW. 696 Town Center Drive, Ste 500 COMPANIES AFFORDING COVERAGE Costa Mesa, CA 92626 COMPANY 714-641-8366 A INI N D COMPANY Catellus Residential Merbella B Evanston Insurance Company COMPANY Inc, c/o Catellus Residential Group, Inc. C COMPANY 5 Park Plaza, Suite 400 Irvine Ca 92614 D THIS ISTOCERTIFY THATTHEPOLICIESOF 4NSURANCELISTEDBELOW HAVE BEENISSUEDTOTHEINSUREDNAMEDABOV E FORTHE POLICYPERIOD INOICATED,NOT WITHSTANDINGANYREOUIREMENT,TERMOR CONDITIONOF ANYCONTRACTOROTHERDOCUMENT W ITHRESPECTTO WHICHTHIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LYN TYPE OF INSURANCE POUCYNUMEER POLICY mmcnVE DATE (MMODrYY) ►OUC9 EMPINATION GATE (MMNDDM) LIMRa GENERALLMBILRY OENEAAL AGGREGATE 1 2000000 B X COMMERCIALGENERAL LIABILITY GLP1002520 3/01/97 3/01/98 PROOUCTS•COAP/CPAGG s 1000000 CLAIMS MADE F7X OCCUR PERSONAL ■ ADY IKIPY s 1000000 EACH OCCURRENCE S 1000000 OWNERS a CONTRACTOR'S PROT FRE DAMAGE im, oro No) S 50000 MED EAP (MY we person) S 5000 AUTOMORLAUARLTTY COMBINED SINGLE LIMIT $ ANY AUTO BODILY INJLRY 1 ALL OWNED AUTOS SCHEDULED AUTOS (Por wwn) BODILY IMAIRY S MIRED AUTOS NON -OWNED AUTOS (Per A Id"t) PROPERTY DAMAGE S OARAOE UARLRY AUTO ONLY - EA ACCIDENT S ANY AUTO i OTHER THAN AUTO ONLY: EACH ACCIDENT Sx AGGREGATE S EICESS LIABILITY EACH OCCURRENCE s AGGREGATE 1 UMBRELLA FORM 7 OTHER THAN UMBRELLA FORM YORKERS COMPENSATION AMG STATUTORY LIMITS `� - -s` GMFL*YERB'LIAAS.ITY EACH ACCIDF; .,......- THE PROPRIETOR/ INCL PARTNERS/E%ECUTIVE DISEASE - POLICY LIMIT $ DISEASE - EACH EMPLOYEE I 1 OFFICERS ARE; e%CL OTHER DENCR W710N OF OPERATIOMSMOCATION W VEHICLE WBFSCIAL IrEMa Re: Marbella Project Additional Insured Endorsement Attached SHOIAO ANY OF THE ABOVE DESCRIBED POUCWa BB CANCIUJ.O BEFORE THE EIPIRATION DATE THEREOF, THE IESUINC COMPANY PLL ENDEAVOR TO MAL City of San Juan Capistrano 30 DATE WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMm TO THE LEFT, Capistrano Valley Water BUT FALURB TO MAL WON NOTICE OHALL IMPOSE NO OSLIOATION OR LIABR.RY D l s t r l c t OF ANY KING UPON THE COMPANY, ITB AQLrWM OR REPRESENTATIVEa• AUTHOAIZE REPRMSMT Iva 000027000 32400 Paseo Adelents San J an CaPis�t��)r oxn o CA 92675 ' JAN 29 1998 14:53 714 549 1647 PRGE.02 JAN-28-19SE 15:42 FROM ARS COSTA MESA 11 POLICY NUMBER: GLP1002520 TO 0 4772:89 P.03 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 (If no entry appears above, information required to complete this endorsement will be shown in the Declaration as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CG 20 10 JAN 28 1998 14:53 TOTAL P.03 714 549 1647 PAGE.03 .0101111UP. Aon Risk Services, Inc, of Southern California 695 Town Center Drive, Ste 500 Costa Mesa, CA 92626 714-641-8355 ISUREO Catellus Residential Marbella Inc, c/o Catellus Residential Group, Inc. 5 Park Plaza. Suite 400 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 I COMPANIES AFFORDING COVERAGE I COMPANY A COMPANY COMPANY COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCELISTED BELOW HAVE BEENISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOT W ITHSTANDINGANYREOUIREMENT,TERMORCONDITIONOFANYCONTRACTOROTHERDOCUMENT W ITH RESPECT TO W HICHTHIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO .TR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MWDDIYY) POLICY EXPIRATION DATE (MMIDDIYY) LIMITS B GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE a OCCUR OWNER'S& CONTRACTOR'S PROT GLP1002520 3/01/97 3/01/98 GENERAL AGGREGATE $ 2000000 PRODUCTS-COMP/OP AGG $ 1000000 PERSONAL & ADV INJURY $ 1000000 EACH OCCURRENCE S 1000000 FIRE DAMAGE (Any one fire) $ 50000 MED EXP (Any one person) S .rinnn AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABLITY THE PROPRIETOR/INCL PARTNERS/EXECUTIVE OFFICERS ARE: EXCL OTHER Re: Marbella Project City of San Juan Capistrano & Capistrano Valley Water D IStr ICt 32400 Paseo Adelante San Joan Capistrano, CA 92676 IINED SINGLE LIMIT $ _Y INJURY $ person) BODILY (Peri ac INJURY $ �.� /35 32- SHOULD Z SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TME EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. rHORD:E9 REPRESENTATIVE A / 000027000 • POLICY NUMBER: GLP1002520 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 (If no entry appears above, information required to complete this endorsement will be shown in the Declaration as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CG 20 10 CATELLUS January 29, 1998 Craig Harris CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto San Juan Capistrano, CA 92675 'rr. 1355Z Re: Certificates of Insurance Dear Craig, Enclosed please find the Certificates of Insurance you requested. Sincerely, CATELLUS RESIDENTIAL GROUP, INC. put t H- l Cwk Joanie Madrid Catterson Administrative Assistant L CAPISTRANO VALLEY WATER DISTRICT NG F F3 - 21998 Fri iEC FLD RECOMMENDATION FILE ACTION COMMENTS INFO CATELLUS RESIDENTIAL GROUP 5 PARK PLAZA, SUITE 400, IRVINE, CALIFORNIA 92614 (714)251-6100 FAX(714)251-8837 PISIRANO VALL CE L L V S CAWATER DISTRICT r ``1 January 21, 1998 Craig Harris Capistrano Valley Water District 32450 Paseo Adelante San Juan Capistrano, CA 92675 Re: Signed bond , Tr. / 3 5 3Z Dear Craig, ';DM Ci ENG JAN 2 6 agos3 it 'EC RECOMMENDATION FILE ACTION MOMENTSINFO Enclosed please find the original bond now signed. You should receive the certificate of insurance in the next few days. Please let me know if there is anything else you need regarding this matter. Sincerely, Joame Madrid Catterson Administrative Assistant CATELLUS RESIDENTIAL GROUP 5 P:1RK PLAZA, Starr 400, 1R\ INF, CA[ IFOR IA 92614 (714) 251-6100 FAX (714) 251-8837 KNOW ALL MCN BYTHESE FRLSCIVI52 That we,_MARBELLA GOLF VILLAS JOINT VENTURE 215338S as er&nc&pat, Ona Ltvunruvu a t,ur,rnnl yr ..na,irvn.ara, ,...._�.` ...... .... .. ... a Corporation, created, orgunize-. an xi est ng and by virtue o ?he laws o tha Stdte of CALIFORNIA , duly licensed to transact a general surety business in the tato of Ca fornTa as Surety, are held and firmly bound to the CAPISTRANO VALLEY WATER DISTRICT, State of California, in the sum of ONE HUNDRE EI ANL_DD Q(�1$g 00Q�QQ�_******* DOLLARS, law ul money o the sited States Of Amer ea, to be pall o lie 3atd District, for which payment, well and truly to be made we bind ourselves, our heirs, executors and successurs, Jointly and severally. THE CONDITION OF T111: FOREGOING OBLIGATION is such that wheceaa t1i0 above bounden Principal has agreed to do and perform the following, to -wit& Construct and install all of the water faellltles pursuent to Agreement for Construction of Water Facilities entered Into an , 19_x1 by and between CAPISTRANO VALLEY WATER 15M—A1CT, and r a copy of which Is attached hereto and ma e a pact herco7 NOW, THEREFORE, the condition of this obllgatlon is such that If the bounden Principal shall, to the satisfaction of the CAPISTRANO VALLEY WATER DISTRICT faithfully and properly perform all of the work described In said Agreement and In accordance with the plans and specifications approved for 9uld work and shall pay all sums due for all damages suffered by said Dlstrlct by reason of faulty or defective work or the carelessness or negligence of said Principal and for the completion of any work not satisfactorily or properly performed In accordance with the Agreement between District and Principal, and guarantee all work for a period of one year after acceptance In accordance with said Agreement, then, at the expiration of said guarantee period, this obligation shall be hull and void; otherwise to reinaln In full force and effect. 114 WITNESS WHEREOF said Principal and Surety have caused this bond to be executed by their , officers thereunto duly authorized this 10THday of APRIL ., 1991 rJUNCIPAL MARBELLA GOLF VILLAS JOINT VENTURE cAfsuuos (SEAL) by INDEMI�IYTY COMPANY OF CALIFORNIA/ SU RT DEV OPERS INSU CE COMPANY 4 (SEAL) AROL A N ROSENBLUM , A torney In Fact The premium on this bond is Mailing Address of Surety: $ 3.680.00 ,1778n�H ci7TTF vnn (EzeautedIn Trlplinate) IRVINE, CALIFORNIA J.2714 TOTAL V.92 CORPORATION Ic STATE OF CALIFORNIA COUNTY OF TOS ANGELFC } SS. On APRIL 10, 1921 , before me, the undersigned, a Notary Public in and for said State, a T personally appeared CAROL ANN ROSFNRT TTM personally known to me (or proved to me ort evidence) to be the person who executed the within instrument as Attorney - 0. in -Fact on behalf of Indemnity Company of California, the corporation Ftherein named, and acknowledged to me that the corporation executed it. h WITNESS my harld and official seal. ICC 304 (REV. 2)85) CORPORATION e.+000n000000000000000000eeeoeeeo ••••� C�FIgAI SEAL FRAI'�CES E. MAGANA ;��j = NOl Aqy pU3L1C-CALcFORNfA .�� PN;NCIPgL OFFIC_IN LOS ANGELES CAUNTY e0e0ee e01 MY GOrtnYssgn Fyp, Nov. �. [89a NOeeepeeeeeep�leeeee0e Sea! STATE OF CALIFORNIA COUNTY OF TOS ANCRT FS SS. OnAPRIL 10. 1991 , before me, the undersigned, a Notary Public in and for said State, personally appeared CAROL ANN gngFNRT jjM personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as Attorney - in Fact on behalf of Developers Insurance Company, the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal, Signator 11/�j/ DIC 304 (REV. 2185) OFFICIAL SEAL SHELLEY E. SMITH `L NOTARY PLIBLIG GALL FORNIA PRINCIPAL OFFICE IN �� LOS ANGELES COUNTY My Commission Expires July 12, 1991_ POWER OF ATTORNEY OF �0 066054 1 MNITY COMPANY OF CALIFO t A AN�EVELOPERS INSURANCE CO NY P.O. BOX 19725. IRVINE, CA 92713 • (714) 263-3300 NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of March, 1992. 2. This Power of Attorney Is void If altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable, the text is In brown ink, the signatures are in blue Ink and this notice is In red Ink. 4. This Power of Attorney should not be returned to the Attorney(s)-In-Fact, but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS, that, except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, but not jointly, hereby make, constitute and appoint ***E. E. CRISTIANO, CAROL ANN ROSENBLUM, JOINTLY OR SEVERALLY*** the true and lawful Atlorneye)-in-Fact, to make. execute, deliver and acknowledge, for and on behalf of each of said corporations as sureties. bonds, undertakings and contracts o' suretyship in an amount not exceeding One Million Five Hundred Thousand Dollars ($1,500,000) in any single undertaking; giving and granting unto said Attorneyls)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation; and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bontls, undertakings or contracts of suretyship: Bank depository bonds, mortgage deficiency bonds. mortgage guarantee bonds, guarantees of installment paper, note guarantee bonds, bonds on financial institutions, lease bonds, insurance company qualifying bonds, self -insurer's bonds, fidelity bonds or bail bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24,1986: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney. qualifying the attorney(s) named In the Powers of Attorney to execute, on behalf of the corporation. bonds, undertakings and contracts of suretyship; and that the Secretaryor any Assis- tant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers maybe affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attor- ney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which It is attached. IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec- tive Presidents and attested by their respective Secretaries this 2nd day of January, 1991. INDEMNITY COMPANY OF CALIFORNIA By Harry C. Crowell, President 1,p AMy OFFICIAL SEAL Oi OPIOR4't n VIRGINIA M. LOUMAN ATTEST = ocr a PRINCIPAL OFFICE IN 'f• By ti Walter A. Crowell, Secretary DEVELOPERS INSURANCE COMPANY By Harry C. Crowell, President R�P`NSUq M1 ORFORRr i an ATTEST By Walter A. Crowell, Secretary STATE OF CALIFORNIA) SS. COUNTY OF ORANGE ) On January 2,1991, before me, the undersigned. a Notary Public in and for said State, personally appeared Harry C. Crowell and Walter A. Crowell, personally known tome (or prooad ;c ,me on the basis of satisfactory evidence) to be the persons who executed the within instrument as President and Secretary on behalf of Indemnity Company of California and as President and Secretary on behalf of Developers Inourance Company, the Corporations.hernin named. and acknowledged to me that the corporations executed It. WITNESS my hand and official seal. Signature Notary Public CERTIFICATE The undersigned, as Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the foregoing and attached Power of Attorney remains In full force and has not been revoked; and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine. California, this LATH_ day of __APRIL INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY ORLP "g - By rg By L.C. Fieblgor Senior Vice President I0-310 REV. 12/90 By� L.G. Fiebiger Senior Vice President SiN6Ug4 �P gPIOR4 4' MAR. IT. no lata i a P � "aa •• OFFICIAL SEAL _ VIRGINIA M. LOUMAN NOTARY PUBLIC CALIFORNIA • �, PRINCIPAL OFFICE IN 'f• ORANGE COUNTY ti My Commission Exp. Apr. 9, 1993 The undersigned, as Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the foregoing and attached Power of Attorney remains In full force and has not been revoked; and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine. California, this LATH_ day of __APRIL INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY ORLP "g - By rg By L.C. Fieblgor Senior Vice President I0-310 REV. 12/90 By� L.G. Fiebiger Senior Vice President SiN6Ug4 �P gPIOR4 4' MAR. IT. no lata i a P � "aa