Loading...
02-0903_ECO RESOURCES, INC._Joing Acknowledgement Document No. 9 JOINT ACKNOWLEDGMENT OF ACCEPTANCE OF CERTAIN CONSTRUCTION DATE CONDITIONS AND OTHER RELATED MATTERS This is a Joint Acknowledgment by the Capistrano Valley Water District, Orange County, California(the "District, and ECO Resources, Inc., a Texas corporation(the "Company"), pursuant to Section 4.9 of the Service Contract for the Design, Construction, Financing and Operation of the San Juan Basin Desalter Project (as hereinafter defined). RECITALS WHEREAS, the District and the Company have entered into the Service Contract for the Design, Construction,Financing and Operation of the San Juan Basin Desalter Project dated as of September 3,2002 (the "Service Contract'; capitalized terms used but not defined herein are as defined in the Service Contract); and WHEREAS,the establishment of the Construction Date and the commencement of the Construction Period are subject to the satisfaction or waiver of the Construction Date Conditions set forth in Article IV of the Service Contract. NOW, THEREFORE, in consideration of the premises contained herein and intending to be legally bound hereby, the District and the Company hereby jointly acknowledge and agree as follows: Joint Construction Date Conditions 1. Pursuant to subsection 4.5(A)(6) of the Service Contract, the Company has held a preconstruction conference with the District and the District Engineer. 2. Pursuant to subsection 4.5(A)(7) of the Service Contract, the Bond Issuance Date has occurred as of January 8,2003. 3. Pursuant to subsection 4.5(A)(8) of the Service Contract, all of the documents and instruments identified in Sections 4.2, 4.3 and 4.5 of the Service Contract are in form and substance reasonably satisfactory to both parties, and are valid, in full force and effect and enforceable against each party thereto as of the date hereof. No such document, instrument or agreement is subject to the satisfaction of any outstanding condition precedent except those expressly to be satisfied after the date hereof under the Service Contract or under this Joint Acknowledgement. No party to any such document, instrument or agreement has repudiated or is in default or imminent default thereunder, and each party has received such certificates or other evidence reasonably satisfactory to it of such facts as such party has reasonably requested. 4. Pursuant to subsection 4.5(A)(9) of the Service Contract, there is no Legal Proceeding before or by any Governmental Body, pending or threatened, which: (1) challenges, or might challenge, directly or indirectly, (a) the authorization, execution, delivery, 2 410307.4 022906 CLD validity or enforceability of the Service Contract or the Service Contract Guaranty Agreement from Southwest Water Company to the District dated as of September 3, 2002, or (b) the interest of the District in the Sites; (2) seeks to enjoin or restrict the use of the Sites for the purposes contemplated by the Service Contract; or (3) seeks damages, fines, remediation or any other remedy in connection with the environmental condition or any other factor pertaining to the Sites, in any such case which can reasonably be expected to materially and adversely affect the District's or the Company's ability to comply with its obligations under the Service Contract. Company Commencement Date Conditions 5. Pursuant to subsection 4.2(A)(1)of the Service Contract, the Company represents that it has made all further soil test borings and conducted sufficient analyses of subsurface conditions, inspections and applicable site history reviews of the Sites, in each case as necessary under Good Engineering and Construction Practice to prepare for excavation and construction in accordance with Applicable Law and to obtain all required Governmental Approvals. 6. Pursuant to subsection 4.2(A)(2) of the Service Contract,the Company has submitted the demolition plan and the stormwater, drainage and erosion control plan to all appropriate Governmental Bodies. The District agrees to waive completion of the Company's obligations under subsection 4.2(A)(2) as a Construction Date Condition, provided that all other Sites-related plans shall be submitted by the Company sequentially to all appropriate Governmental Bodies throughout the Construction Period as required to obtain and maintain all Governmental Approvals necessary to complete the Design/Build Work and achieve Acceptance. In no event shall the District's waiver of the Company's obligations under subsection 4.2(A)(2) as a Construction Date Condition release the Company from its obligations with respect to permitting under Section 4.6 of the Service Contract. The Company shall use all commercially reasonable efforts to obtain the Construction Governmental Approvals and the CAMS Approval as expeditiously as possible. 7. Pursuant to subsection 4.2(A)(3)of the Service Contract,the Company has submitted completed applications for the demolition permits to all appropriate Governmental Bodies. The District agrees to waive completion of the Company's obligations under subsection 4.2(A)(3) as a Construction Date Condition, provided that, during the Construction Period, the Company shall prepare and submit, on its own behalf or on behalf of the District or the City as applicant, all other completed applications and take all other steps which are necessary under Applicable Law to obtain and maintain all Construction Governmental Approvals in accordance with Section 4.6 of the Service Contract and each in form and substance satisfactory to the District. In no event shall the District's waiver of the Company's obligations under subsection 4.2(A)(2) as a Construction Date Condition release the Company from its obligations with respect to permitting under Section 4.6 of the Service Contract. The Company shall use all commercially reasonable efforts to obtain the Construction Governmental Approvals and the CADHS Approval as expeditiously as possible. 3 410307.4 022806 CIA 8. Pursuant to subsection 4.2(A)(4), the Company has conducted the source water pilot test in accordance with Section 4.7. The District hereby waives its rights of termination under subsections 4.7(B) and Section 13.5 of the Service Contract on the basis of the results of the source water pilot test. 9. Pursuant to subsection 4.2(A)(5) of the Service Contract, the Company has commenced the performance of its environmental investigation and report preparation obligations under the Service Contract, including those obligations set forth in Appendix 20. The District agrees to waive the completion of the Company's obligations under subsection 4.2(A)(5) as a Construction Date Condition, provided that, during the Construction Period, the Company shall prepare and submit, on its own behalf or on behalf of the City or the District as applicant, any environmental notification forms and impact reports with respect to the Project which are required under Applicable Law to undertake and complete the Project. 10. The District agrees to waive completion of the obligations of the Company under subsection 4.2(A)(6) of the Service Contract as a Construction Date Condition, provided that, within 120 days after the Construction Date, the Company shall determine whether the District or the City will be required to grant Utility easements on the Sites in connection with the Design/Build Work, and the Company shall provide the District with complete descriptions of all utility connections and routes necessary for such purposes. 11. Pursuant to subsection 4.2(A)(7) of the Service Contract, the Company has prepared and delivered to the District a property line survey of the Sites as of a date subsequent to October 15, 2002 (independent'from and in addition to the survey furnished by the District pursuant to item (1) of Section 4.3 of the Service Contract) showing: (a) the exact dimensions and locations thereof; and (b) the exact location of all means of access thereto and all easements relating thereto. The District agrees to waive the completion of the Company's obligations murder subsection 4.2(A)(7) as a Construction Date condition, provided that, within 60 days of the date hereof, the Company shall prepare and deliver to the District a completed property line survey showing, in addition to items (a) and (b) above; (1)that the proposed location of each component of the Project on the Sites is in compliance with all applicable building and setback lines and does not encroach on or interfere with existing easements in any manner that violates Applicable Law or contractual obligations (whether on, above or below ground); (2)any gaps, zones, projections, protrusions, or encroachments from adjacent property onto the Sites and any encroachments from the Sites onto any adjacent property from sources other than the Project Improvements; and 0) that there will be no encroachments from the Project Improvements extending to adjacent property, nor any other material survey defects arising from the siting of the Project Improvements on the Sites. In the event that such completed property line survey shows that the requirements of subsection 4.2(A)(7) have not been met, the Company agrees to assume all risk associated therewith. 12. With respect to the Company's obligations under subsection 4.2(A)(8) of the Service Contract, the Company represents that no changes in Zoning classification are 4 410307.5 022806 CLD from the Utilities providers evidencing such availability are attached hereto as Exhibit A. 14. Pursuant to subsection 4.2(A)(10) of the Service Contract, the Company has submitted copies of the demolition plan and the stormwater, drainage and erosion control plan to the District. The District agrees to waive completion of the Company's obligations under subsection 4.2(A)(10) of the Service Contract as a Construction Date Condition, provided that all other plans, technical specifications, blueprints, drawings and other design documents relating to the Project prepared by or on behalf of the Company for permitting, regulatory, financing, bonding, credit enhancement and insurance purposes, shall be submitted by the Company sequentially to the District throughout the Construction Period. 15. Pursuant to subsection 4.2(A)(11) of the Service Contract, the Company has provided the District with the "critical path method" schedule for the Design/Build Work covering the Major Project Equipment and Project Structures. 16. Pursuant to subsection 4.2(A)(12) of the Service Contract, the Company has negotiated and executed the design, construction and membrane system services and equipment Subcontracts in accordance with the requirements of subsection 16.7(D)of the Service Contract. 17. Pursuant to subsection 4.2(A)(13) of the Service Contract, the Company has obtained and delivered to the District the Construction Performance Bond and Payment Bond as required by Section 15.2 of the Service Contract. 18. Pursuant to subsection 4.2(A)(14) of the Service Contract, the Company has submitted to the District certificates of insurance for all Required Construction Period Insurance specified in Appendix 11 to the Service Contract. 19. Pursuant to subsection 4.2(A)(15) of the Service Contract, the Company has obtained and delivered to the District the Service Contract Letter of Credit as required by Section 15.3 of the Service Contract. 20. The Company has delivered to the District executed certificates of the Company and the Guarantor certifying as to the matters set forth in subsections 4.2(A)(17), (18), and(21). 21. Pursuant to subsection 4.2(A)(19) of the Service Contract, the Company has provided the District with audited financial statements of the Guarantor for the most recently completed fiscal year and quarterly period. 22. Pursuant to subsection 4.2(A)(22) of the Service Contract, the Company represents that it has provided the District copies of all filings and reports conducted, prepared or obtained with respect to or evidencing the Company's activities pursuant to Section 4.2 and 4.6 of the Service Contract. 5 410307.4 022806 CLD 23. Pursuant to subsection 4.2(A)(20) of the Service Contract, the Company has commenced initial construction of the Project as provided and subject to the limitations set forth in Section 4.4 of the Service Contract. District Construction Date Conditions 24. Pursuant to subsection 4.3(1) of the Service Contract, the District has delivered to the Company existing metes and bounds property descriptions and existing survey information. 25. Pursuant to subsection 4.5(A)(3) of the Service Contract, the Metropolitan Agreement has been amended to the effect described in item (3) of Section 4.3 of the Service Contract. 26. Pursuant to subsection 4.5(A)(4) of the Service Contract, agreement has been reached with the San Juan Basin Authority to the effect described in item (4) of Section 4.3. 27. Pursuant to subsection 4.3(5) of the Service Contract and subject to the provisions of Section 4.6 of the Service Contract, the District has cooperated with the Company in the submission of all applications for Governmental Approvals, if any, which the Company is obligated to submit pursuant to Section 4.2 of the Service Contract. Other Items Related to the Construction Date and commencement of the Construction Period 28. Pursuant to subsection 5.3(D) of the Service Contract, the Company and the Guarantor have entered into the Company Financing Support Agreements as of the date hereof. 29. Pursuant to Section 6.1 of the Service Contract, the District, the Company, the Trustee and the Independent Engineer have each designated in writing an Authorized Representative. 30. Pursuant to Appendix 6 of the Service Contract,the Company has submitted a design submittal protocol and schedule to the District. 31. Pursuant to Appendix 14 of the Service Contract, the Company has submitted a safety and security plan for the Construction Period to the District. 32. Pursuant to Appendix 15 of the Service Contract, the Company has submitted to the District for approval a proposal for a comprehensive community outreach plan. 6 410307.4 022806 CLD IN WITNESS WHEREOF, the parties have hereunto set their hand as of the 71"' of THE CAPISTRANO VALLEY WATER DISTRICT By: George Scarborough District Manager ECO RE By: z dA uthorize O ]cer 7 410307.4 022806 CLD IN WITNESS WHEREOF, the parties have hereunto set their hand as of the71day of THE I RAN ALLEY WATER DISTRICT B . �'t / or gh ]strict M T ger ECO RESOURCES, INC. By: Authorized Officer 7 410307.4 022806 CLD • . 7c Wates k Wastewater Operation Management .. ECO Resources, Inc. September 15, 2006 D Z rn 0 Z< rn nr 9 VIA FACSIMILE A ,U.3pMAq City of San Juan Capistrano —_ 32400 Paseo Adelanto San Juan Capistrano, California 92675 Attention: Meg Monahan Re: Notice of Insufficiency of Wellfield Supply of Raw Water Dear Madame Clerk: This letter constitutes formal notice to the City of San Juan Capistrano ("City") of an insufficiency in the Wellfield supply of Raw Water under the terms of that certain Service Contract for the Design, Construction, Financing and Operation of the San Juan Desalter Project ("Service Contract") between ECO Resources, Inc. ("ECO") and the City. All capitalized terms utilized in this letter which are not defined herein have the meanings ascribed to them in the Service Agreement. As the City is aware, since approximately August 14, 2006, the San Juan Desalter Project Wellfield has failed to produce a sufficient supply of Raw Water to meet the City's demands for Finished Water. This condition jeopardizes the ability of ECO to meet the Service Contract's Water Delivery Guarantee. The occurrence of the above-referenced condition constitutes grounds under the Service Contract to relieve ECO of its Water Delivery Guarantee obligations under Section 9.3 of the Service Contract. Specifically, Section 9.3(L) of the Service Contract provides, in pertinent part: In the event that at any time during the Term hereof the eight Wells installed by the Company, when designed, constructed and maintained by the Company in accordance with the Contract Standards, do not produce a supply of Raw Water 101 Parkshore Drive,Ste. 100 • Folsom,CA 95630 a (916)932-2902 • Fax(916)932-2903 Water h Wastewater Operations Management ECO Resources,Inc. City Clerk City of San Juan Capistrano September 15, 2006 Page 2 sufficient to enable the Company to meet the Water Delivery Guarantee, . . . [t]he Company shall be relieved of its obligation to comply with the Water Delivery Guarantee to the extent of such Raw Water supply insufficiency, pending the completion of the additionally required wells. As such, this letter provides formal notice to the City that, pursuant to the terms of Section 9.3(L) of the Service Contract, ECO is relieved of its responsibility to meet the Service Contract's Water Delivery Guarantee. Alternatively, at a minimum, the above-described condition constitutes an Uncontrollable Circumstance under the Service Contract thereby entitling ECO Resources, Inc. to relief from the Service Contract's Water Delivery Guarantee. Specifically, Article 1 of the Service Contract defines an "Uncontrollable Circumstance" as follows: `Uncontrollable Circumstance' means any act, event or condition that is beyond the reasonable control of the party relying thereon as justification for not performing an obligation or complying with any condition required of such party under this Service Contract, and that materially interferes with or materially increases the costs of performing its obligations hereunder . . . The cause of ECO's inability to meet the City's Daily Water Demand is the insufficiency of the Raw Water that is being produced by the Wellfield. This condition relates to the location of the Wells and the condition of the aquifer and is beyond the reasonable control of ECO Resources, Inc. Consequently, if ECO is not fully relieved of its obligations under the Water Delivery Guarantee as a result of the City's failure to provide sufficient Raw Water under the terms of the Service Contract, this condition falls squarely within the definition of an Uncontrollable Circumstance. As such, ECO is also entitled to relief from the Water Delivery Guarantee on the basis of this Uncontrollable Circumstance. Water&Wastewater Operations Management ECO Resources, Inc. ECO looks forward to receiving the City's plan for resolving the Raw Water shortfall. In the interim, should you have any questions about any of the matters discussed herein, please do not hesitate to give me a call. Very truly your Tom O'Neill ECO Resources, Inc. Cc: Dave Adams (By Facsimile and First Class Mail) Eric Bauman (by Facsimile) �ny City of San Juan Capistrano :a Contract/Agreements Application n 6Ut).7t1 fax` v 2002 xs3Gh {" .G Purpose iy Service Contract Eco Resources,Inc. _ Locationx >5 Desalter Project (2 of 2) j ¢^ Comment a 4 "'' Design,Construction, Financing and Operation ivs a S { r4 y 2,k 4 E q x x • f @'{w. - 5! ' bisF ; 4' ». 09/18/2006 13: 28 9163530605 ECO RESOURCES SACTO PAGE 02 ECO Resources, Inc. September 15, 2006 VIA FACSIMILE AND U.S. MAIL City of San Juan Capistrano 32400 Pasco Adelanto San Juan Capistrano, California 92675 Attention. Meg Monahan Re: Notice of Insufficiency of Wellfield Supply of Raw Water Dear Madame Clerk: This letter constitutes formal notice to the City of San Juan Capistrano ("City") of an insufficiency in the Wellfield supply of Raw Water under the terms of that certain Service Contract for the Design, Construction, Financing and Operation of the San Juan Desalter Project ("Service Contract") between ECO Resources, Inc. ("ECO") and the City. All capitalized terms utilized in this letter which are not defined herein have the meanings ascribed to them in the Service Agreement. As the City is aware, since approximately August 14, 2006, the San Juan Desalter Project Wellfield has failed to produce a sufficient supply of Raw Water to meet the City's demands for Finished Water. This condition jeopardizes the ability of ECO to meet the Service Contract's Water Delivery Guarantee. The occurrence of the above-referenced condition constitutes grounds under the Service Contract to relieve ECO of its Water Delivery Guarantee obligations under Section 9.3 of the Service Contract Specifically, Section 9.3(L) of the Service Contr t provides, in pertinent part. nn In the event that at any time during the Term hereof the eight \UN Wells installed by the Company, when designed, constructed and maintained by the Company in accordance with the Contract Standards, do not produce a supply of Raw Water Ac 04YL 101 Parhshore Drive, Ste. 100 • Folsom,CA 95630 • (916)932-2902 - Fax(916)932-2903 09/18/2006 13: 28 9163530605 ECO RESOURCES SACTO PAGE 03 wpb!w�A��Irt OymYoir Ma�gweal ECO Resources,Inc. City Clerk City of San Juan Capistrano September 15, 2006 Page 2 sufficient to enable the Company to meet the Water Delivery Guarantee, . . . [t)he Company shall be relieved of its obligation to comply with the Water Delivery Guarantee to the extent of such Raw Water supply insufficiency, pending the completion of the additionally required wells. As such, this letter provides formal notice to the City that, pursuant to the terms of Section 9.3(L) of the Service Contract, ECO is relieved of its responsibility to meet the Service Contract's Water Delivery Guarantee. Alternatively, at a minimum, the above-described condition constitutes an Uncontrollable Circumstance under the Service Contract thereby entitling ECO Resources, Inc. to relief from the Service Contract's Water Delivery Guarantee. Specifically, Article I of the Service Contract defines an "Uncontrollable Circumstance" as follows `Uncontrollable Circumstance' means any act, event or condition that is beyond the reasonable control of the parry relying thereon as justification for not performing an obligation or complying with any condition required of such parry under this Service Contract, and that materially interferes with or materially increases the costs of performing its obligations hereunder . . . The cause of ECO's inability to meet the City's Daily Water Demand is the insufficiency of the Raw Water that is being produced by the Wellfneld. This condition relates to the location of the Wells and the condition of the aquifer and is beyond the reasonable control of ECO Resources, Inc. Consequently, if ECO is not fully relieved of its obligations under the Water Delivery Guarantee as a result of the City's failure to provide sufficient Raw Water under the terms of the Service Contract, this condition falls squarely within the definition of an Uncontrollable Circumstance. As such, ECO is also entitled to relief from the Water Delivery Guarantee on the basis of this Uncontrollable Circumstance. 09/18/2006 13: 28 9163530605 ECO RESOURCES SACTO PAGE 04 Wpb k Wr1.�.Yi UMntlwr A4ebewenl ECO Resources, Inc. ECO looks forward to receiving the City's plan for resolving the Raw Water shortfall. In the interim, should you have any questions about any of the matters discussed herein, please do not hesitate to give me a call. Very truly yo Tom O'Neill ECO Resources, Inc. Cc: Dave Adams (By Facsimile and Fust Class Mail) Eric Bauman (by Facsimile) Water k Wastewater Operallom Manageoaent ECO Resources, Inc. RECEIVED ig% SEP 18 P I: 23 September 15, 2006 CITY CLERK P SAN JUAN CAPISTRANO VIA FACSIMILE AND U.S. MAIL City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 Attention: Meg Monahan Re: Request for Change of Service Contract Notice Address for ECO Resources, Inc. Dear Madame Clerk Section 16.15(B) of Service Contract for the Design, Construction, and Operation of the San Juan Basin Desalter Project ("Service Contract') sets forth the addresses to which formal notices under the Service Contract are required to be sent. With respect to notices to ECO Resources, Inc., the Service Contract provides that notices should be sent to ECO's Facilities Manager with a copy to ECO's Western Regional Vice-President, located in Pleasanton, California. Section 16.15(A) allows the parties to designate further or different addresses to which notices should be sent. As you may know, Steve Richardson, formerly ECO's Western Regional Vice-President has left ECO's employ. Therefore, in order to insure that the copy of any notices sent by the City under Section 16.15 is directed to the appropriate person, ECO Resources, Inc. requests that in lieu of the copy being provided to the Western Regional Vice-President, that said copy be sent to ECO Resources, Inc. as follows: Tom ONeill Business Development Manager 101 Parkshore Dr. Suite 100 Folsom, CA 95630 101 Parkshore Drive,Ste. 100 a Folsom,CA 95630 a (916)932-2902 a Fax(916)932-2903 Water&Wastewater Operations Management ECO Resources, Inc. City Clerk City of San Juan Capistrano September 15, 2006 Page 2 Should you have any questions about this request, please do not hesitate to give me a call. Very truly yours /; Tom O'Neill ECO Resources, Inc. cc: Dave Adams (By Facsimile and First Class Mail) Eric Bauman (By Facsimile) 09/15/2?06 16:56 9163530605 ECO RESOURCES SACTO PAGE 02 40 ECO Resources, Inc. September 15, 2006 VIA FACSIMILE AND U.S. MAIL City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 Attention: Meg Monahan Re: Request for Change of Service Contract Notice Address for ECO Resources Inc. Dear Madame Clerk Section 16.15(B) of Service Contract for the Design, Construction, and Operation of the San Juan Basin Desalter Project ("Service Contract") sets forth the addresses to which formal notices under the Service Contract are required to be sent. With respect to notices to ECO Resources, Inc., the Service Contract provides that notices should be sent to ECO's Facilities Manager with a copy to ECO's Western Regional Vice-President, located in Pleasanton, California. Section 16.15(A) allows the parties to designate further or different addresses to which notices should be sent. As you may know, Steve Richardson, formerly ECO's Western. Regional Vice-President has left ECO's employ. Therefore, in order to insure that the copy of any notices sent by the City under Section 16.15 is directed to the appropriate person, ECO Resources, Inc. requests that in lieu of the copy being provided to the Western Regional Vice-President, that said copy be sent to ECO Resources, Inc. as follows: Tom O'Neill f^ Business Development Manager lY 101 Parkshore Dr. Suite 100 G F Folsom. CA 95630 101 Parkshore Draw, Ste. 100 - Folsom,CA 95630 • (916)932-2902 • Fax(916)932-2903 09/15/206 ,16: 56 9163530605 ECO RESOURCES SACTO PAGE 03 WYer i Wr1erleOpe.tleN 44mrmen ECO Resources,Inc. City Clerk City of San Juan Capistrano September 15, 2006 Page 2 Should you have any questions about this request, please do not hesitate to give me a call. Very truly yours 'Z"q Tom O'Neill ECO Resources, Inc. cc: Dave Adams (By Facsimile and First Class Mail) Eric Bauman (By Facsimile) CERTIFICATE MU14WR LOS-000343161-11 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Marsh Risk Insurance Services NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE 4685 MacArthur Court,SU6e700 POLICY.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE (949)399-5600 AFFORDED BY THE POLICIES DESCRIBED HEREIN. License#0437153 COMPANIES AFFORDING COVERAGE Newport Beech,CA 82660 COMPANY 06.07 A Zurich-American Insurance Company INSURED COMPANY ARB,Inc. B NaYI Union Fire Insurance Co.of Pittsburgh PA 26000 Conmercentre Drive Lake Forest,CA 92630 COMPANY C N/A COMPANY D THIS 15 TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HELEN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT wnH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,CONDITIONS AND EXCLUSIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAN CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTWE POLICY EXPIRATION LIMITS LYN DATE(MMIO MY) DATE(MMDD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ 4,000,000 A X COMMERCIAL GENERAL LIABILITY GLO3676089-04 02/28/06 0228/07 PRODUCTS-COMPIOP AW $ 2,000,000 CLAIMS MADE I X (OCCUR $250,000 SIR PERSONAL A ADV INJURY $ 1,000,000 OWNER-S&CONTRACTORS PROT EACH OCCURRENCE $ 1,000,000 XFIRE DAMAGE ane fire $ 1,000,000 X CU Covemoes Included MED EXP err $ 10,000 AUTOMOBILE W181UTY COMBINED SINGLE LM#T $ 2,000,000 A X ANY AUTO BAP3676090-04 0226/06 0226/07 ALL OWNED AUTOS BODILY INAXiY $ SCHEDULED AUTOS (Per penan) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per Badd") X Physical Damage PROPERTY DAMAGE $ X 2,500 Compt Collision GARAGE UAMUTY AUTO ONLY-EAACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ 10,000,000 B X UIIBREL�FORM BE7227469 02219L06 02/26/07 AGGREGATE $ 10,000,000 OTHER THAN UMBRELLA FORM I SIR $ 10.000 A WORKERS COMPEL A NAD WC3676092-04(AOS) 81226/06 02,26/07 X EMPLOYERS'UABBJTY TORY LNAITS ER A EWS3678088-04(CA) OZ/28M 02/28/07 EL EACH ACCIDENT It 11,10001,000 THE PRDPRIETOV X INCL $20,000,000 CA WC Limit EL DISEASE-POLICY LIMIT $ 1,000,000 PARTNERSEXECUTIVE OFFICERS ARE: EKct$250,000 CA SIR EL DISEASE-EACH EMPLOYEE $ 1,000,000 DESCRIPTION OF OPERA110NSAOCATIONSNEHICLESABPECIAL ITEMS Re: Job 01436-340(San Juan Authority Desaiter Project)-City of San Juan Capistrano is named as additional insured as Meir Interest may appear. A waiver of subrogation applies. SNOl11D MY CF THE POUVISS DE IM HEIIBN BE CMMUIO 5901%!THE E[PBUTXN DATE TNBCFOF, THE wsunm AFFORDING COYeNOE WAL Ex#d94>f1 W MAM.-30 DAYS"nTBN NOTICE TO THE City of San Juan Capistrano CBmPICATE HOLDER NMIM HEWN. 32400 Paseo Adelanto San Juan Capistrano,CA 92675 E MARSH USA INC. an: Cheryl Schroeder �-'.Farms M VALID AS OF 7/06 POLICY NUMBER: GLO 3676089-04 COMMERCIAL GENERAL LIABILITY CG 20 10 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of San Juan Capistrano (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section 11 — Who Is An Insured is amended to (1) All work, including materials, parts include as an insured the person or organization or equipment fumished in shown in the Schedule, but only with respect to connection with such work, on the liability arising out of your ongoing operations project (other than service, mainte- performed for that insured. nance or repairs)to be performed by B. With respect to the insurance afforded to these or on behalf of the additional in- additional insureds, the following exclusion is sured(s) at the site of the covered added: operations has been completed; or 2. Exclusions (2) That portion of 'your work" out of which the injury or damage arises This insurance does not apply to "bodily in- has been put to its intended use by jury'or "property damage" occurring after: any person or organization other than another contractor or subcon- tractor engaged in performing op- erations for a principal as a part of the same project. CG 20 10 10 01 0 ISO Properties, Inc., 2000 Page 1 of 1 POLICY NUMBER: GLO 3676089-04 COMMERCIAL GENERAL LIABILITY CG 20 3710 01 ARB, Inc. - THISENDORSEMENTCHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of San Juan Capistrano Location And Description of Completed Operations: Re: Job#1436-340(San Juan Authority Desalter Project) -City of San Juan Capistrano is named as additional insured as their interest may appear. A waiver of subrogation applies. Additional Premium: Included (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II — Who Is An Insured 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'at the location designated and described in the schedule of this endorsement performed for that insured and included in the "products-completed operations hazard". CG 20 3710 01 0 ISO Properties, Inc., 2000 Page 1 of 1 POLICY NUMBER: GLO3676089-04 Commercial General Liability ARB, Inc. CG 24 04 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY WAIVER OF TRANSFER RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name of Person or Organization: City of San Juan Capistrano Subject: Re: Job #1436-340 (San Juan Authority Desalter Project) - City of San Juan Capistrano is named as additional insured as their interest may appear. A waiver of subrogation applies. (If no entry appears above, information required to complete this endorsement will be shown in the declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV— COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 ADDITIONAL INSURED - DESIGNATED PERSONS OR ORGANIZATIONS Named Insured Endorsement Ntunber ARB,INC. Policy Symbol Policy Number Policy Period Effective Date of Endorsement BAP 3676090-04 2/2&06 TO 2/28107 2/26(06 Issued By(Name of Insurance Company) ZURICH AMERICAN INSURANCE COMPANY Insert the policy number. The remainder of the information is to be completed only when this endorsement is Issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO POLICY TRUCKERS POLICY GARAGE POLICY , Additional Insured(s): City of San Juan Capistrano RE: Re: Job#1436-340(San Juan Authority Desalter Project)-City of San Juan Capistrano is named as additional insured as their interest may appear. A waiver of subrogation applies. A. For a covered "auto,"Who Is Insured is changed to include as an "insured,"the persons or organizations named in this endorsement. However, these persons or organizations are an "insured" only for"bodily injury' or"property damage" resulting from acts or omissions of: 1. You. 2. Any of your employees or agents. 3. Any person operating a covered"auto"with permission from You, any of your employees or agents. B. The persons or organization named in this endorsement are not liable for payment of your premium. s+w«m.nwmv.,raon,wmu�m,.mzoo,-.w.�.aoc Waiver of Transfer of Rights of Recovery Against Others To Us Named Insured Endorsement Number ARB,INC. Policy Symbol Policy Number Policy Period - Effective Date of Endorsement BAP 3676090-04 2/28/06 TO 2/28/07 2/26/06 Issued By(Name of Insurance Company) ZURICH AMERICAN INSURANCE COMPANY Insert the policy number. The remainder of the information is to be completed only when this endorsement Is Issued_subsequent to the preparation of the poesy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO POLICY TRUCKERS POLICY GARAGE POLICY Additional Insured(s): City of San Juan Capistrano RE: Re: Job#1436-340(San Juan Authority Desalter Project) -City of San Juan Capistrano is named as additional insured as their interest may appear. A waiver of subrogation applies. We Waive any right of recovery we may have against the designated person or organization shown in the schedule because of payments we make for injury or damage caused by an "accident"or"loss"resulting from the ownership, maintenance, or use of a covered"auto"for which a Waiver of Subrogation is required in conjunction with work performed by you for the designated person or organization. The waiver applies only to the designated person or organization shown in the schedule. 6:d4nM�Nump„t�661bM W SmwfTep-MnaAx ZURICH Waiver of Subrogation Endorsement Insured:___-ARB,Inc. Endorsement No. I -PofieyNo£WS3676088-04 -Effective Date of this Endorsement 2-28-2006 This endorsement modifies insurance provided by the following: Excess Insurance Policy for Self-Insurer of Workers Compensation and Employers Liability This policy is changed to provide: Part Six - Condition G - Subrogation - Recovery From Others - gives us the right to recover all payments which we have made to you from anyone liable for loss. We agree to waive this right but only to the extent that you perform work under a written contract which requires you to obtain this agreement. Certificate Holder: City of San Juan Capistrano Re: Job #1436-340 (San Juan Authority Desalter Project) - City of San Juan Capistrano is named as additional insured as their interest may appear. A waiver of subrogation applies. Countersigned: Authorized Signature u-EW-117-8 CW(brow) Page I of 1 + • • �pc?t•' 7U . � Water&Wastewater Operation Management ECO Resources, Inc. RECEIVED 200b JAN I l A 9F 51 16 January 2006 Cl-['( CLE«'ti Mr. Dave Adams, City Manager SAN JUAN CAPISTRANO City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Dear Dave, I was disappointed to receive the City's letter of 21 December claiming a material breach of contract— especially since the letter contained many factual errors, addressed primarily administrative issues, and was written just before the holidays while demanding a response in two weeks. At first blush the letter [a] doesn't seem to reflect the historical cooperation between the people on our respective staffs that are actually doing the work, nor does it [b] foster the kind of relationship we would hope to maintain over our 20-year partnership. 1st paragraph — as noted in my earlier letter, ECO has not failed to comply with the Water Delivery Guarantee. Further, the statement that we have failed to meet the Enhanced Standards on our Water Treatment "on a number of occasions" is both vague and incorrect: • The fact is that most water complaints by customers in the last year have been due to City operation of its reservoir/distribution system. • Only a very few instances are even circumstantially linked to ECO — state-certified tests show compliance in our delivered water almost without exception. • ECO changed its procedures earlier this year to avoid even the circumstantial instances, and now even those questions have ceased. We have not been as prompt as we should have in the formal monthly reports to the City, but water quality and production data have been given to the City in a timely manner, and City staff receives copies of all required tests directly from the State-certified laboratory. 2nd paragraph — conditions in the system have precluded what we all planned, but your staff s letter ignores two critical points: • The Raw Water Quality has exceeded the contract limits continually since inception, and the resulting Uncontrollable Circumstance forced us to change cleaning and production schedules. • Only recently has the City begun following its own requirements for scheduling as set forth in Article IX.3, and it routinely violates the minimum notice rule to this day — these are clearly contract breaches. • Because the need for more frequent shutdowns has been due to an Uncontrollable Circumstance, there is no breach of contract (material or otherwise) nor is there any failure by ECO to deliver any quantity of water. 3rd paragraph — the first year's monthly reports were waived by the staff, since there was daily contact as each side worked on a variety of issues jointly. The formal monthly reports of September, 5820 Stoneridge Mall Road 9 Suite 204 • Pleasanton,CA 94588 9 (925)463-3663 • Fax (925)463-0232 • October, and November were overdue — but that has been corrected and the reports delivered to the City staff. Until recently the City staff had conveyed a desire to have annual reports based on a calendar year. The request to have it based on the Contract year is not a problem, but we were not aware of that until the letter arrived. We will prepare it forthwith, but by no means does this constitute a material breach. 4th & 5th Paragraphs —the City's statements here are particularly vague. For some reason they ignore the variety of projects of which your staff is well aware — both through regular meetings and virtually daily communication with our Chief Operator on site. • The City is fully aware of the projects that ECO has undertaken over the last few months. It is important to note that these have resulted in compliance quality and performance production that exceeds what the City's proposal requested. • Given that the request for "a detailed, written explanation" refers to "immediate remediation of all compliance failures" that did not or no longer occur, we are at a loss as to how to respond: o the monthly reports have been sent; o ECO just received the request to change the Annual report back to the Contract Year; o water quality and quantity are exceeding requirements; and o the City staff reviewed/approved the winter projects we have (we even reviewed updates of the original with Ms. Amirani et al one day before the date of her letter). Since most of the issues cited in the City's letter are not correct, the alleged "Material Breach" boils down to three instances where the City got the data, but not the formal monthly report. We regret that error, but have corrected it and maintain that this certainly does not constitute a"material"breach. It is unfortunate that the City's letter requires us to underscore that the City's water supply has violated the Raw Water Quality requirements since the beginning of the year. The resulting Uncontrollable Circumstances conditions provide ECO with [a] relief from the delivery quantity requirements and [b] several avenues for cost recovery from the City. This not only negates the City's monetary claims but raises the issue of several hundred thousands of dollars in extra charges. Per my earlier letter, Dave, ECO had no taken the steps to force these issues. I am reluctant to authorize these extra invoices until you and I can meet to see if there is an alternate solution—and how we can make sure that things don't get to this point again. Sincerely, Steven E. Richardson Vice President Western Region Cc: City—Ms. Meg Monahan— City Clerk; Ms. Amy Amirani—Public Works Director ECO — P. Dreher/Chief Operator; J. Williams/District Operations Manager, Los Angeles; C. Grace/District Operations Manager, Southern California; C. Roux/Weston Benshoof Waley k Wastewater Operations Management ECO Resources, Inc. RECEIVED 1006 JAN 13 P 2. 3W 10 January 2006 CITY CLEkt� SAN JUAN CAPISTRANO Mr. Dave Adams City Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Dear Dave, We were surprised to receive the 1 December demand letter from your staff regarding payments allegedly due the City by ECO. For the record, ECO Resources, Inc, formally denies the claims made by the City, noting that the calculations and claims therein in are [a] grossly incorrect and [b] based on assumptions which are known to be wrong, instead of fact. Further, we believe it is not in the best interests of our long-term partnership to make such significant claims without first discussing it among the principals. Such claims bring to fore related issues that may not have been considered, for example: 1. For several months after ECO began operations, the plant was able to produce water the City needed—but couldn't take because of difficulties operating the reservoir/distribution system. 2. City staff knows that the raw water characteristics have, virtually since the beginning, been beyond the contract specifications — in contract parlance an "Uncontrollable Circumstance" — which changes our requirements to "best efforts" and precludes financial claims like the City made. 3. These and other contract-defined Uncontrollable Circumstances have cost ECO nearly $1/3 million in the past year— and those costs are accelerating. Per the contract we have the right to invoice the City for these costs; so far we have refrained, but the recent action initiated by the City fairly forces us to do so. 4. Since the end of October the plant has been producing water 10-30% in excess of the demand, as noted in the City's letter, and the levels stipulated in the City's proposal. Even now we are working (at our cost) to improve performance further — using the winter, as staff is aware, to develop more efficient long-term operations based on the specific raw water we are encountering at San Juan Capistrano. We had had original discussions with City staff to provide excess water at no cost to the City, which we would now have to take under advisement. Before you arrived the City spent over a million dollars on legal fees related to this project, while ECO spent 1/3 of that. I would hope that this letter by the City doesn't signal an intent to start down that path again. Since, as you know, there are two sides to every story, I would offer that it might be beneficial for you and me, as principals, to meet to discuss the issues in an informal setting. The purpose would be to better appreciate each others concerns, and foster 5820 Stoneridge Mall Road • Suite 204 • Pleasanton,CA 94588 • (925)463-3663 • Fax(925)463-0232 i • Wales&Wastewater Operations Management ECO Resources, Inc. understanding of the long-term strategy for mutual success. While my Western Headquarters are in the Bay Area, I am in Los Angeles virtually every week, and would be able to meet with you at your convenience. If, like me, you prefer person-to-person communications, you can reach me directly at 510-612-1787. Sincerely, Steven E. Richardson Vice President Western Region Cc: Cit Ms. Meg Monahan—City Clerk Ms. Amy Amirani —Public Works Director ECO P. Dreher—Chief Operator, San Juan Capistrano J. Williams—District Operations Manager, Los Angeles C. Grace—District Operations Manager, Southern California Dated: 09/18108 CA782768 11111111111111111111 1111 7114 7389 6621 1800 4406 CALIFORNIA PRELIMINARY NOTICE In accordance with sections 3097 and 3098, California Civil Code This is not a Lien, This is not a reflection on the integrity of any contractor or subcontractor Reputed Owner 1 -You are hereby notified that 09118/08 CA782768 QUINN RENTAL SERVICES CITY OF SAN JUAN CAPISTRANO 3359 POMONA BLVD % ECO RESOURCES INC POMONA CA 91766 32470 PASEO ADELANTO SAN JUAN CAPISTRANO CA 92675 2 - Has furnished or will furnish labor, services, equipment, or materials of Reputed Construction Lender or Lessee the following general description: CO# SAN JUAN CAPISTRANO GWRP 263486 SJC OWNER FINANCED 3-An estimate of the total price of the labor,services,equipment, or materials furnished or to be furnished is: Reputed Original Contractor $4,000.00 ECO RESOURCES INC 32470 PASEO ADELANTO 4-The building,structure or other work of SAN JUAN CAPISTRANO CA 92675 improvement is located at: SAN JUAN CAPISTRANO GWRP A.D.C. UNKNOWN 32470 PASEO ADELANTO SAN JUAN CAPISTRANO CA NOTICE TO PROPERTY OWNER IF BILLS ARE NOT PAID IN FULL FOR THE LABOR, SERVICES, EQUIPMENT, OR MATERIALS FURNISHED OR TO BE 5-The name of the person or firm who contracted FURNISHED,A MECHANICS'LIEN LEADING TO THE LOSS, for the purchase of such labor,services, THROUGH COURT FORECLOSURE PROCEEDINGS, OF ALL equipment or material is: OR PART OF YOUR PROPERTY BEING SO IMPROVED MAY ECO RESOURCES, INC BE PLACED AGAINST THE PROPERTY EVEN THOUGH YOU 32470 PASEO ADELANTO HAVE PAID YOUR CONTRACTOR IN FULL. YOU MAY WISH SAN JUAN CAPISTRANO,CA 92675 TO PROTECT YOURSELF AGAINST THIS CONSEQUENCE BY (1) REQUIRING YOUR CONTRACTOR TO FURNISH A RELEASE SIGNED BY THE PERSON OR FIRM GIVING YOU THIS NOTICE 6 -Name and address of Trust Funds to which BEFORE MAKING FINAL PAYMENT TO YOUR CONTRACTOR Supplemental Fringe Benefits are payable OR(2)ANY OTHER METHOD OR DEVICE THAT IS (if applicable): APPROPRIATE UNDER THE CIRCUMSTANCES. OTHER THAN RESIDENTIAL HOMEOWNERS OF DWELLINGS CONTAINING FEWER THAN 5 UNITS, PRIVATE PROJECT OWNERS MUST NOTIFY THE ORIGINAL CONTRACTOR AND ANY LIEN 7-Jobsite is Federal Public Work Title 40 USC CLAIMANT WHO HAS PROVIDED THE OWNER WITH A Sec. 270A-270E. PRELIMINARY 20-DAY LIEN NOTICE IN ACCORDANCE WITH SECTION 3097 OF THE CIVIL CODE THAT A NOTICE OF Contract# COMPLETION OR NOTICE OF CESSATION HAS BEEN Bond Co: RECORDED WITHIN 10 DAYS OF ITS RECORDATION. NOTICE SHALL BE BY REGISTERED MAIL,CERTIFIED MAIL,OR FIRST- CLASS MAIL, EVIDENCED BY A CERTIFICATE OF MAILING. Signed FAILURE TO NOTIFY WILL EXTEND THE DEADLINES TO Authorized Agent Y` RECORD A LIEN. / 1 Construction Notice Services,Inc. 1-800-366- CALIFORNIA PRELIMINARY NOTICE 5350 Your attention is directed to sections 3097,3098,and 3111,California Civil Code which requires us to notify you"That if bills are not paid in full for labor,services,equipment or materials furnished,or to be furnished the improved property(which is described hereon)may be subject to Mechanics'Liens."This statement is applicable to private work only. This is not a lien. This is not a reflection on the integrity of any contractor or subcontractor. The name and address of person or firm who contracted for You are hereby notified: purchase of such labor,service,equipment or material,is: ARCHITECTURAL DOORS,INC. ARB,Inc. 11700 Monarch Street 26000 Commercentre Dr. Garden Grove,CA.92841 Lake Forest,CA.92630 Has furnished or will furnish labor,services,equipment or material To owner,reputed owner,or public agency Capsitrano Valley Water District Hardware A component unit of the city of San Juan Capistrano (Description of labor,services,equipment or material) 32400 Paseo Adelanto San Juan Basin Authority Desalter Project San Juan Capistrano, CA.92675 32470 Paseo Adelanto - San Juan Capistrano,CA.92675 cn (Address of building,structure,work or improent) o _ To Original contractor or reputed contractor ECO Resources, Inc/ECO Capistrano Valley, Inc "NOTICE TO PROPERTY OWNER": 32234 Paseo Adelanto "It bills are not paid in full for the labor,services,equipmauq --yam San Juan Capistrano,CA.92675 or materials furnished or to be furnished,a mechanic's li rPleading.. to the loss through court foreclosure proceedings,of all oa part of your property being so improved may be placed against the W property even[hough you have paid your contractor in fJlr. You may wish to protect yourself against this consequence tot) To construction lender or reputed construction lender requiring your contractor to furnish a signed release by the person N/A or firm giving you this notice before making payments to your contractor or(2)any other method or device that is appropriate under the circumstances. Other than residential homeowners of dwellings containing fewer than five units,private project owners must notify the original contractor and any lien claimant who has provided the owner with a 20-day lien notice in accordance with Section 3097of the Civil Code that a notice of completion or Estimated total price of labor,services,equipment or notice of cessation has been recorded within 10 days of its recordation. Notice materials furnished: shall be by registered,certified or first class mail,evidenced by a certificate of $2,064.00 mailing. Failure to notify will extend the deadlines to record a lien. Trust funds to which supplemental fringe benefits are Name PROOF OF SERVICE AFFIDAVIT Address (Section 3097.1, California Civil Code) Name Address (Material men not required to fumish above) L r1� %Pi OYOS-ctr DECLARE THAT I SERVED COPIES OF THE PRELIMINARY NOTICE T CLASS CERTIFIED OR REGISTERED MAIL SERVICE,POSTAGE PREPAID,ADDRESSED TO EACH OF THE PARTIES AT THE ADDRESS SHOWN ABOVE ON 1/7/05 E UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND COSIGNED AT STANTON,CALIFORNIA ON 117/05 (sture erson makings ice) RECEIPTS OF CERTIFIED OR REGISTERED MAIL WHEN RETURNED) /1/04 /},•y� CG �►��i b1� CALIFORNIA PRELIMINARY NOTICE 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. NOTICE IS HEREBY GIVEN that: OWNER OR REPUTED OWN R ORPUBLIC AGENCY ROBERTSON ' S CAPISTRANO VALLEY WTR DIS 200 S MAIN ST, SUITE 200 32400 PASEO ADELANTO CORONA CA 92878 SAN JUAN CAPISTCAN92675 ( 909 ) 685-2200 Has or will Furnish labor,services,equipment,or materials,generally described as: LENDER OR REPUTED LENDER READY MIX CONCRETE, ROCK & SAND To be furnished or furnished for the building,structure or the work of improvement described as follows: 31896 PLAZA DRIVE/DEL OBI J . C . N. # 1436 ORIGINAL OR REPUTED ORIGINAL CONTRACIOR Tract No. ARB JOB#1436340 Lot No. PO#1436- 340 DESALTER ECO RESOURCES Cert Num: 21172677 32234 PASEO ADELANTO #D Name of Person or Firm who contracted for purchase of the labor,services, SAN JUAN CAP I S CA 92675 equipment,or materials is: ARB INC . SUBCONTRACTOR with w hom claimant has contmcted P .O. BOX 5166 LAKE FOREST CA 92630 = �J o An estimate of the total price of said labor,services,equipment or materials is: ."' rn n N 5 , 218 . 40 J ALSO NOTIFIED TENANT.AR BONDER:AGIkW ***NOTICE TO PROPERTY OWNER*** IF BILLS ARE NOT PAID IN FULL FOR THE LABOR - O '..�✓ HED ON TO BE FURNISHED,A MECIPMENT HANIC'S LIEN LEADING TO THE _ LOSS, THROUGH COURT FORECLOSURE PROCEEDINGS - OF ALL OR PART OF YOUR PROPERTY BEING SU 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 IGNED RELEASE BY THE PERSON OR FIRM GIVING YOU THIS NOTICE BEFORE MAKING PAYMENT TO YOUR CONTRACTOR OR (2) ANY OTHER METHOD OR DEVICE THAT IS APPROPRIATE UNDER THE CIRCUMSTANCES.OTHER THAN RESIDENTIAL HOMEOWNERS OF DWELLINGS CONTAINING FEWER THAN FIVE UNITS, PRIVATE PROJECT OWNERS MUST NOTIFY THE ORGINAL CONTRACTOR AN ANY LIEN CLAIMANT WHO HAS PROVIDED THE OWNER WITH A PRELIMINARY 20• DAY LIEN NOTICE IN ACCORDANCE WITH SECTION 3097 OF THE CIVIL CODE THAT A NOTICE OF COMPLETION OR NOTICE OF CESSATION HAS BEEN RECORDED WITHIN 70 DAYS OF ITS RECORDATION. NOTICE SHALL BE BY TRUST FUNDS TO WHICH SUPPLEMENTAL FRINGE BENEFITS ARE PAYABLE REGISTERED MAIL CERTIFIED MAIL, OR FIRST-CLASS MAIL EVIDENCE BY CERTIFICATE OF MAILING. FAILURE TO NOTIFY WILL EXTEND THE DEALINES TO RECORD A LIEN. DAWWED : 12/20/2004 BY : MICHELE CASON BY \ 4 *"****PLEASE ISSUE JOI T ECKS***** T ROBERTSON'S PO. BOX 3600 QtES POgT cl Sp CORONA, CA 92878-3600 021A $ 02-671 0004316690 DEC20 2004 71 ' 31 11 MAILED FROM ZIPCODE 92882 IMPORTANT: CALIFORNIA PRELIMINARY NOTICE Z )0 I' 1870 )17 .111 11 u q a _A-1 92675 32 i 's04, i2 58010 1436 THIS IS NOT A LIEN. THIS NOTICE IS GIVEN CALIFORNIA PURSUANT TO SECTIONS 3097 AND 3098, PRELIMINARY CALIFORNIA CIVIL CODE. THIS IS NOT A REFLECTION ON THE INTEGRITY OF NOTICE ANY CONTRACTOR OR SUBCONTRACTOR. 848770 7108 1800 8318 4877 0027 L48280 Make all checks jointly payable YOU ARE HEREBY NOTIFIED THAT... OWNER or Reputed Owner(on private work) VULCAN MATERIALS CO CALMAT DIV 5665 02 3200 SAN FERNANDO RD or PUBLIC AGENCY(on public work) LOS ANGELES CA 90065 9491193-1515 CAPISTRANO VALLEY WATER DISTRICT 32400 PASEO ADELANTO SAN JUAN CAPISTRANO CA 92675 has fumished or will furnish labor,services,equipment or materials of the following general description: 345168 READY MIX CONCRETE,ROCK, SAND,GRAVEL,PAVING MATLS CONSTRUCTION LENDER or ASPHALT,PRODUCTS&SVCS Reputed Construction Lender,if any. for the building,structure or other work of improvement 213-630-6240 located at: NONE/BOND CO:SAN JUAN BASIN "CONSTRUCTION OF DESALTER PROJECT" AUTHORITY LEASE REVENUE BONDS 32470 PASEO ADELANTO C/O BNY WESTERN TRUST CO,ATTN:FE SAN JUAN CAPISTRANO CA TUZON,700 S FLOWER ST#500 SUB TO SUB#I 331119T LOS ANGELES CA 90017 (WELLS,WATER LINE&DESALINATION ORIGINAL CONTRACTOR orPLANT) Reputed Contractor,if any. 0 3 An estimate of the total price of the labor,services, ECO RESOURCES equipment or materials furnished or to be fumished is: 32234 PASEO ADELANTO#D $ 5,247.12 SAN JUAN CAPISTRANO CA 92675 Trust Funds to which Supplemental Fringe Benefits are payable: SUBCONTRACTOR/person or firm who contracted for SUB TO SUB: the purchase of such labor,services,equipment or materials is: A R B INC 26000 COMMERCENTRE DR 714-840-3099 LAKE FOREST CA 92630 ATKINSON GRADING&EQUIP RENTAL 4592 ORION ST HUNTINGTON BEACH CA 92649 Cn OTHER INFORMATION,if any. - 415-892-1080 �' M z BOND#24015060/BOND AGENT: t MCGOWAN&ASSOCIATES -c 1450 GRANT AVE#210 - NOVATO CA 94945 ' n D BY: CJ4(L U AT-Q Agent 4ed: IR/2004 (Signature) (Title) 12/13/2004 R NOTICE TO PROPERTY OWNER IF BILLS ARE NOT PAID IN FULL FOR THE LABOR,SERVICES, EQUIPMENT,OR MATERIALS FURNISHED OR TO BE FURNISHED,A MECHANIC'S LIEN LEADING TO THE LOSS,THROUGH COURT FORECLOSURE PROCEEDINGS,OF ALL OR PART OF YOUR PROPERTY BEING SO IMPROVED MAY BE PLACED AGAINST THE PROPERTY EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL. YOU MAY WISH TO PROTECT YOURSELF AGAINST THIS CONSEQUENCE,BY(1)REQUIRING YOUR CONTRACTOR.TO FURNISH A SIGNED RELEASE BY THE PERSON OR FIRM GIVING YOU THIS NOTICE BEFORE MAKING PAYMENT TO YOUR CONTRACTOR OR(2) ANY OTHER METHOD OR DEVICE THAT IS APPROPRIATE UNDER THE CIRCUMSTANCES. OTHER THAN RESIDENTIAL HOMEOWNERS OF DWELLINGS CONTAINING FEWER THAN FIVE UNITS,PRIVATE PROJECT OWNERS MUST NOTIFY THE ORIGINAL CONTRACTOR AND ANY LIEN CLAIMANT WHO HAS PROVIDED THE OWNER WITH A PRELIMINARY 20-DAY LIEN NOTICE IN ACCORDANCE WITH SECTION 3097 OF THE CIVIL CODE THAT A NOTICE OF COMPLETION OR NOTICE OF CESSATION HAS BEEN RECORDED WITHIN 10 DAYS OF ITS RECORDATION. NOTICE SHALL BE BY REGISTERED MAIL,CERTIFIED MAIL,OR FIRST-CLASS MAIL,EVIDENCED BY A CERTIFICATE OF MAILING. FAILURE TO NOTIFY WILL EXTEND THE DEADLINES TO RECORD A LIEN. PROOF OF SERVICE BY MAIL AFFIDAVIT I,Cindee Wood,declare that I served copies of the above PRELIMINARY 20-DAY NOTICE(PRIVATE WORK/PUBLIC WORK)by First Class Certified or Registered Mail service,postage prepaid,addressed to each of the parties at the addresses shown above on 12/30/2004. I declare under penalty of perjury ulfnder the laws of the State of Californiathatthe foregoi s true and correct. n Executed at SAN DIEGO,Califom an ne 12J30/2004.ant This form prepared by CAPRENOS INC 4345 Murphy Canyon Rd Suite 200,San Diego CA 92123(80(1)854-2100,FAX(858)560.7626 •CALIFORNIA PRELIMINARY NOTICE In accordance with sections 3097 and 3098, California Civil Code.THIS IS NOT A LIEN. This is NOT a reflection on the integrity of any 7104 0343 3860 0224 2638 contractor or subcontractor. NORMAN'S NURSERY 8665 E DUARTE SAN GABRIEL,CA 91775 Bildrs No: 1570207 CAPISTRANO VALLEY WATER DISTRICT 32400 PASEO ADELANTO NO RETURN RECEIPT SAN JUAN CAPISTRANO CA 92675 cn Bildrs No. 1570207 0 7104 0343 3860 0224 X38 N n.. O You are hereby notified that NORMAN'S NURSERY has furnished or will furnish labor, services, equipment or materials of the following general description: LANDSCAPING MATERIALS located at: WATER TREATMENT PLANT, (Drop off address 32510 Del Zura), 32470 PASEO ADELANTO,X-Str: PASEO TOSCANA, SAN JUAN CAPISTRANO CA The name of the person or firm who contracted for the purchase of such labor, services, equipment or material is: WILCOX LANDSCAPING, 4625 An estimate of total price of the labor, services,equipment or materials furnished or to be furnished is $4,000 Owner: CAPISTRANO VALLEY WATER DISTRICT,32400 PASEO ADELANTO, SAN JUAN CAPISTRANO CA 92675 Orig Contr:ARB INC,26000 COMMERCENTRE DR,LAKEFOREST CA 92630-8816 Lender:None Customer:WILCOX LANDSCAPING,4625,P 0 BOX 800205,VALENCIA CA 91380 Other:ECO RESOURCE INCIECO CAPISTRANO VALLEY INC,32234 PASEO ADELANTO,SAN JUAN CAPISTRANO CA 92675,(Owner) Job No: 663341 4 )411mck NOTICE TO PROPERTY OWNER BICA REPRESENTATIVE 11/10/2004 If bills are not paid in full for the labor,services,equipment or materials furnished or to be furnished,a mechanics' lien leading to the loss, through court foreclosure proceedings, of all or part of your property being so improved may be placed against the property even though you have paid your contractor in full. You may wish to protect yourself against this consequence by (1) requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor or (2) any other method or device that is appropriate under the circumstances. Other than residential homeowners of dwellings containing fewer than five units, private project owners must notify the original contractor and any lien claimant who has provided the owner with a preliminary 20-day lien notice in accordance with Section 3097 of the Civil Code that a notice of completion or notice of cessation has been recorded within 10 days of its recordation. Notice shall be by registered mail,certified mail,or first-class mail,evidenced by a certificate of mailing.Failure to notify will extend the deadlines to record a lien. °f CALIFAIA PRELIMINARY 20-DAYROTICE (Public and Private Works) This is not a lien. This is not a reflection on the integrity of any contractor or subcontractor, but the notice prescribed in accordance with Section 3097 and 3098,California Civil Code 1. The following is a general description of the labor,service,equipment or materials furnished or to be furnished by the undersigned: COLDMILLING/PULVERIZING ASPHALT Owner or Reputed Owner PUBLIC AGENCY 2. An estimate of the total price of the labor,services,equipment or materials (on private work) (on public work) furnished or to be furnished is: CAPISTRANO VALLEY WATER DISTRICT 5,000.00 Estimated 32400 PASEO ADELANTO 3. The name of the person or firm that has furnished or will furnish labor, SAN JUAN CAPISTRANO, CA 92675 services,equipment or materials is: 7004-2510-0000-5577-4544 PAVEMENT RECYCLING SYSTEMS P.O. Box 1266 LENDER/SURETY"" Riverside, CA 92502-1266 NONE REPORTED PRS JOB NO R416244 4. The name of the person or firm who contracted for the purchase of such labor,services,equipment or materials: GENERAL CONTRACTOR.... ATKINSON GRADING&EQUIP RENT ECO RESOURCES 4592 ORION STREET 32234 PASEO ADELANTO, SUITE D HUNTINGTON BEACH,CA 92649 SAN JUAN CAPISTRANO,CA 92675 5. The description of the building,structure or other work of improvment is: CONSTRUCTION OF DESALTER PROJECT,SAN JUAN CAPISTRANO, CUSTOMER"" CA 92677 ATKINSON GRADING&EQUIP RENT The Person or firm giving this notice is required,pumWt to a collective bargaining agreement,to pay supplemental fringe benefits to an33rpress tru"nd(described in Civil Code 3111). Said funds are identified as followsT v 4592 ORION STREET Operating Engineers Local#12,Construcfion iaborer'sgwst, I-4bWr's HUNTINGTON BEACH, CA 92649 Benefit Fund NOTICE TO PROPERTY OWNER - 1� If bills are not paid in full for the labor,services,equipment or materials furnished or to be furnished,a mechanic's lierilaading to'the los" rough court foreclosure proceedings,of all or part of the property being so improved may be placed against the property even thougha!gu hav' id the contractor in full. You may wish to protect yourself against this consequence by(1)requiring your contractor to furnish a signed'i'elease he person or fine giving you this notice before payment to your contractor or(2)any other method or device that is appropriate unddrlthe circumstances. Other than residential homeowners of dwellings containing fewer than five units,private project owners must notify the original contractor and any lien claimant who has provided the owner with a preliminiary 20-day lien notice in accordance with Section 3097 of the Civil Code that a notice of completion or notice of cessation has been recorded within 10 days of its recordation. Notice shall be by registered mail,certified mail,or first class mail,evidenced by a certificate of mailing. Failure to notify will extend the deadlines to record a lien. PAVEMENT RECYCLING SYSTEMS 12/27/2004 Nicole Toth Phone: (951)682-1091 ext. 2200 Accounting Clerk PROOF OF SERVICE MY MAIL AFFIDAVIT I declare that I served a copy of the above document,and any related documents,by(as required by law)first-class,certified or registered mail, postage prepaid,addressed to the above parties,at the addresses listed above. I declare under penalty of perjury that the foregoing is true and co cert. Executed at Riverside, CA. Nicole Toth Phone: (951)682-1091 ext. Account g Clerk 12/27/2004 x we c GER ' ED MAIL NUMBER CALIFORNI ELIMINAALNOTICE In accor with sections 3097 and - •" { , :7,190 6 2640 3424 0049 3098,Ca ;a Civil Code THIS IS NOT A LIEN. This is NOT a reflection on the ' integrity of any contractor or subcontractor, You are hereby notified that ?: 1 has'furnlshe br", Tl furtiish labor,service,equipment or material of the following general ldese ocated at i" for building structure, or other work of improvement located at Z�w" CSC -� P 4� 35 The name of the person or firm-Who'cbfffracted for the purcRa'Wof such lsbor,'"Servic`e§'equipment or material furnished is An esrt$n'ate'glfh�-Ebts1'firice'of'ttie IalxSr(`Seretbc'es,equiprr{ent;or material is NONCE' TOPROPERTY OWNER o 0 bills are not paid in full for the labor,services,equipment,or materials furnished or to 0 f %!,;l;t.( f befumished,a mechanic's lien leading to the loss,through court foreclosure proceedings, g of all or pad of your property being so unproved may be placed against the property even though You have ppaa"d Your comranor in lull.You may wish to protect Yourself agemst this consequence b (1)requinng your contractor to furnish a signed rebase by the person . +•4 I n i i aii rl " r I. rl `. I i. or firm giwng You this notice before making payment to Your contractor,or(R)any other method a vice that is appropriate under the circumstances Ther than reudent}d T I I,. -'td! I.` •I I, homeowners of dwellings conlamian fewer then five units,Private oorgetl owners must A nofdy the origg';;naI contractor aM any lien claimant who has pranded the owner wkh a prehmrrory 2Pday lien mice in aecordantt whh Section 3087 d the Civil Code that a noNGe of complanon or notice of ceasation nos been recorded within 10 days of its recordation.Notice shall be by regiaww mai",cenfiied mail,or firatslea.mail,e.dencetl r r by a cenonste of mailing.FaOure to notify will eaend the deadOnga to racgE a tier}. r r r,l! Ir 'fsF n,iyt .aY•� tPO": : I d , tlll.' t I ,-1 At '100 f'('64 1) „{el.1. "N I I I 1 .. ... .:. . . .,�-.,.d .5... ,., Yr'k"I I ;1't ...a}_`rk•"yf ll)w l POSTMAN DELIVER THIS ENVELOPE TO ADDRESS ON REVERSE SIDE r Easy Law Construction Aices A Division of Easy Law, Inc. Moorpark Legal Center 33 East High Street, Moorpark, CA 93021-1118 Tel (805) 552-0024 • Fax (805) 552-0057 • Toll Free (800) 327-9529 E-Mail Address: Staff@easylawinc.com - Web Site Address: www.easylawinc.com CALIFORNIA PRELIMINARY 20-DAY NOTICE (IN ACCORDANCE CALIFORNIA CIVIL CODE, SECTION 3098)-PUBLIC WORKS REPUTED PUBLIC AGENCY: REPUTED ORIGINAL CONTRACTOR: City of San Juan Capistrano ECO Resources/ECO Capistrano Valley, Inc 32400 Paseo Adelanto 32240 Paseo Adelanto#C San Juan Capistrano CA 92675 San Juan Capistrano CA 92675 (949)218-7714 YOU ARE HEREBY NOTIFIEu THAT Claimant, Western Oil Spreading bervices, Inc., wnose address and pnone number are 7J6 Mission Rock Rd, Santa Paula CA 93060, (805)647-0693 has furnished or will fumish labor, services, equipment, or materials of the following general description: slurry, paint The estimate of the total price of the labor, services, equipment, or materials furnished or to be furnished is $8,205. The building, structure, or other work of improvement for which the Claimant is providing services is located at: , 32400 Paseo Adelanto San Juan Capistrano CA 92675. The name, address and phone number of the person or firm who contracted with the Claimant for the purchase of such labor, services, equipment, or materials is: ECO Resources/ECO Capistrano Valley, Inc, 32240 Paseo Adelanto#C, San Juan Capistrano CA 92675, (949)218-7714. co 0 sJ Dated: December 6, 2004 Name of Claimant: Western Oil Spreading Services,Jho" o M rn C—) � Attorney in Fact fdr Western Oil Spreading Services, Inc.-0 -71 Li DECLARATION OF SERVICE cn I, Patricia Green, declare that I mailed copies of this Notice by certified mail, postage prepaid, addressed to the owner/public agency, lender and contractors at the addresses as shown above, on December 6, 2004. 1 declare under penalty of perjury, that the foregoing is true and correct. Executed on December 6, 2004, at Moorpark, California. Signed by: �� - Prelim#73438 X �zf-k� Vq— 7100 6309 2640 2606 9610 -1sy Law Construction Notices vision of Easy Law, 'nc. ast High Street park,CA 93021-1118 {.Li. u 7100 2640 26[113 9550 City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano CA 92675 AJG - Los Angeles 8/13/2004 3 : 25 PAGE 2/5 RightFax • • ACORD_ CERTIFICATE OF LIABILITY INSURANCE OPIDTL xCOCA 1 09/13/04 wnmcm THS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION Arthus J. Gallagher 4 Company ONLY AND CONFERS NO RGHTS UPON THE CERTIFICATE License 80726293 HOLDER TMS CERTIFICATE DOES NOT AMEND,EXTEND OR 505 N.Brand Blvd, Suite 600 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Glendale CA 91203-3944 Phone: 818-539-2300 Paa: 838-539-2301 INSURERS AFFORDING COVERAGE NAIC0 "sem Granite State Insurance Cc MMERb ECO Capistrano VCllpy Inc. a 9outheest Water Cosptry 32234 Pasty AdelaMo, Ste. D MURERo: Ban Juan Capistrano CA 92675 LNMERE COVERAGES 1"EPnImEaInLRW6MEDELL I KENm TOMMmmIWFL" Fm M19LYRAL MMmMlmrI NIIKMO TB.T.TEMm WMMmMroMIRMmEERm SSMnRTOLTNTE MEMEIG1FwrEmW sur EE.w.MMuwrEurmceo",Mwr®®r�o,mar{wmTarur�Lnw[.uauiaawuwanare meua wu®.nmEarE wmexbvNwr"TM EaRmi.�E we aw. LZ rnLOrwNR,we mmrLsm un wm,71 dnosm um{ oaaRauwrr Ew$amReaE c 1,000,000 A Z lX ------ LZ6343763-09 09/02/04 09/02/03 MuimT..�.mw� $_3,000,000 _ uaa$vaE U o¢a umrmwcwreq $ 5,000 $ 1,000,000 a 2,000,000 EMmmEwTE unnwumra Moacn-oar�v MQ $ 2,000,000 RD x !EQ $11mLm{LIMIY L��""mE Ian $ 2,000,000 8 Z wnuRo eAP9298953-04 (A06) 09/03/04 09/0I/05 ruaMmurtm 7AP9298956-04 (TZ) 09/01/04 09/01/05 mmrwRm, {uawREourtm mrwem $ x lED Rm mmrRwm 1 Z xaNOeFCwrm Iwrrmngl mau,TrwiwE 1 �w�Rrnl V1NLWmRY 1 MYINO RNERTNW E#ICC { j raaMemwalavr $ 10,000,000 C Z awn F-1 arae aMc 885603892 09/01/04 09/01/05 .mnmc 1 10,000,000 $ omucnL $ RnM m $ MiMnab.e."To.un M:mmu arx- x una{ a 8 'wo�w'r 4102795955-06 09/01/04 09/01/05 ecFrxNv r $ 1,000,000 rar nanEraRnrnrreEV Lmrrr urrERabieERFYLL'rEo �Mna.wwnmcc { 1,000,000 Ln,.Yeb uY, N£a4rROm"laba 1 2,000,000 mIRR D Professional TA ECC 3765163-03 11/08/03 11/08/04 limit: 82,000,000 claims Dad: 050,000 ReewroRmaFauoe�mcRmrneeis$asws r®Eemwmr$nmiuwvnor `ExCEPT 10 DAY NOTICE 08 CANCELLATION FOR NORPAYIaENT OZ PRF84IDN. ALL POLICY WE=, CONDITIONS, LIMITATIONS AND XM=XSDDM APPLY. ---S" attached Notepad for Description*-* CERTIFICATE HOLDER CANCELLATION QTYBAN se'{cR'w°r MNaAliClemlprnmCYLmIMaaDRrmOe"rw yTLIICmr.MNIKLa11A01MLLC VAMRTDaK 30~ ..m City of Ban Juan Capiatrauo mmLM McsuLurzmlamw�mTroun.w"raRMm mm{nu Attn: Cindy Russell 32400 Pasty Adelanto emmmoraTa Murrrmanm Eurma$$Mana,emox Ban Juan Capistrano, CA 92675 es . . HNC.ALv1 ACORD 25(2001108) O ACORD CORPORATION 1981 AJG - Los Angeles 8/13/2004 3 : 25 PAGE 3/5 RightFax • The District, the Board of Directors of the District, the City, the City Council and each of their respective officers, officials, agents, volunteers and employees lull be Included as additional Insureds as respects General Liability a required by written contract or agreement to the eetent insurable as their interest my appear for liability arising out of the operations of the Named Insured. Waiver of Subrogation included as respects Gsueral Liability as required by contract. AJG - Los Angeles 8/13/2004 3 :25 PAGE 4/5 RightFax • NAMED INSURED: ECO Capistano Valley,Inc.;Southwest Water Company POLICY NUMBER: LX6343763-03 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. ADDITIONAL INSURED—DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: CYy of San Juan Capistrano The District,The Board of Directors of the District The City,The city Council and each of their respective officers,Officials Agents,volunteers,and Employees As required by written contract or agreement. (If no entry appears above,information required to c=pkte this endorsemaot will be shown in the Declarations as applicable to this endorsement) CG 20 261185 Copyright,Insurance Services Office,Inc., 1984 AJG — Los Angeles 8/13/2004 3 : 25 PAGE 5/5 RightFax NAMED INSURED: ECO Capistano Valley,Inc.;Southwest Water Company POLICY NUMBER: LX6343763-03 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. ADDITIONAL INSURED—DESIGNATED PERSON OR ORGANZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: City of San Juan Capistrano The District,The Board of Directors of the District The City,The city Council and each of their respective officers,Officials Agents,volunteers,and Employees As required by written contract or agreement. (If no entry appears above,information required to complete this endorsement will be shown in the Declarations a applicable to this endoraemeatJ CG 20 261185 Copyright,Insurance Services Office,Inc., 1984 AJG — Los Angeles 8/13/2004 3 : 25 PAGE 1/5 RightFax • ! Arthur J. Gallagher & Co. Insurance Brokers of California, Inc. w 505 North Brand Blvd.,Suite 600,Glendale,CA 91203-3944 Phom:(818)539-2300 G."nne Iiceax: 0726293 Far (818)539-2301 FAX COVERS HEET DATE: Friday, August 13, 2004 3:25:16 PM PAGES: 05 TO: Maria Guevara COMPANY: City of San Juan Capistrano FAX: 949-493-1053 PHONE: FROM: Kathleen Twedell DIRECT FAX: 818.539.1716 PHONE: 818.539.1416 NOTE: Maria I am transmitting the certificate along with the endorsements you requested. ECO Capistrano Valley and ECO Resources are owned by the same parent company-Southwest Water Company. Best regards, Kathy Twedell 818-539-1416 CONFIDENTIALITY NOTICE: The documents accompanying this telecopy transmission contains confidential information belonging to the sender which is privileged This information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or taking of any action in reliance on this telecopy is prohibited. If you have received this telecopy in error, please phone us at(818)539-2300. AJG - Los Angeles 8/13/2004 3 : 09 PAGE 1/4 RightFax • ACOm CERTIFICATE OF LIABILITY INSURANCE OPIDTL mrY'6m " NCOCL 1 09/13/04 SmKd THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION Arthur J. GaLlaglar c Cmpany ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Licuua 00726293 HOLDER THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 505 B.Brand Blvd, Suits 600 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Glandals CA 91203-3944 Phone: 818-539-2300 ram: 838-539-2301 INSURERS AFFORDING COVERAGE NAICO 61ed S RA Granite State Insurance Co .R. mCO Capistrano Valley Inc. Southwest Nater companynub"c 32234 Pasty Adelanto to. D .euMRv San Juan Capistram 6i 92615 - 5amde COVERAGES 6 yyRN F lErmMNWxE NWd WICO"PPEf TW fOUn RMTM MM FOT gxG m+Rm KK.me mCOrCYNff MvmrrMv m ala uowRExr m111RBRm r4xx TMEFAICIWE sur E m1EoM sur Ra.V1.rR mfwR'Eurmmodrrtwasmo®iawaswemrorunarar.oadve wnwrnrlameum muno.xmuwrCulaeexonxwr wxE adYm�mRln weY. rYRMYWIMCC mlrYdCaal IiFrMmM ,OR1OYnla rY o9anlW5rtr P}aomaRxm 1 2,000,000 V'lVfE A Z Z mufsxcvielauwmnr 756343763-03 09/01/04 09/01/03 suds T... 11,000,000 _ ---'rudxlon[ LXJ amts twr".f..xrl 5 5,000 Rdm1l5.W'xJAIY 1 2,000,000 ®eM_ur .rt 1 2,000,000 mnfumr:wnuar�mn Rn: waru-oasn.aY f 2,000,000 w c Z 1� ur a11Ym""C I1WY ftldlECCW1E1Mf laxwnt f 1,000,DDD 8 Z PyWSo 8)049298955-04 (1105) 09/03/04 09/01/05 _ xu Csaurtm SAP9298956-04 (TZ) 09/01/04 09/01/05 aooxr . 5oaweou"m "Rr""'"� 5 Z amp.. YmYrSwxn f Y xmoaxmu.Ym IwrreR Rmertrea� 1 dnzwnl OWYIWVr Mlmd"r.wxzoMr t MNMno m1ExiWN fAIOL i M"UmLr 1 maaRYelmuSadsr 1 10,000,000 C Z amu" ❑c""11 mR1 B85603892 09/01/04 09/01/05 ,oacwrc $ 10,000,000 1 niV,rQYx[ f REl BfxT 1 f 11011KMmeeCnraYlm x WIrI.TLL mN- rmrunn a B wnelr RienacuSxE 4102795955-06 09/01/04 09/01/05 eu rvolramon 51,000,000 eiYdNEnEnvnnmc .udnmlY 11,000,000 YYM S,sd m., eRaudomwre rxx. e..�ee.ru5afan 51,000,000 mm D Profeeaiwal LLb BOC 3765163-03 11/08/03 11/08/04 Limit: 82,000,000 Claims Nerds Dad: $50,000 Od.W rDxG 0lmxlod 110Mip1a f N9mIb l dLYrd MY®d admddP f 55elIL5mVaplC +NZQPT 10 DAY NDTICS OF CANCELLRT7ON FOR HOIIPAYMANT or PROROI. ALL POLIO! TEEMS, WSIDITIONS, LnaTATIDM AND EXCLDSID118 APPLY. —Soo attached NctapW for Dueriptions** CERTIFICATE HOLDER CANCELLATION CITYBAN enRmmrd•Ymesucaw Mmamcxmnesadrdmmr5w GiCilOmx.Mf1W CC1YmIlaLeadMeiO WL 30* M1C111ard City of San Juan Capistrano mrrYrordedmexrtlo5mwadrormlm.an 5wlxerommYxlu Attn: Cindar Ruaeall 32400 Paean Adelasto arodmoxuwrDNMw YOx 100VOYre SalYminma M San Juan Capistram, CA 92675 �1Olo1d�0f1"r"'6 ACORD 25(2001)08) O ACORD CORPORATION 101111 / AJG - Los Angeles 8/13/2004 3 : 09 PAGE 2/4 RightFax The District, the Board of Directors of the District, the City, the City Council and each of their respective officers, officials, agents, volunteers and wWlcyees shall be included as ]Additional Insureds as raspacts General Liability as required by written contract or agreement to the eztent insurahle as their interest say appear for liability arising out of the oparations of The Named Insured. Naives of Subrogation included as respects General liability as required by contract. AJG — Los Angeles 8/13/2004 3 :09 PAGE 3/4 RightFax NAMED INSURED: ECO CapistanD Valley,Inc.;SoV&west Water Company POLICY NUMBER: IX6343763-03 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. ADDITIONAL INSURED—DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: City of San Juan Capistrano The District,The Board of Directors of the District The City,The city Council and each of their respective officers,Officials Agents,volunteers,and Employees As required by written contract or agreement. (If ne entry appears above,information requned to complete this endorsement will be shown in the Decluatims as applicable to this eadatsemeot.) CG 20 26 1185 Copyright,Insurance Services Office,Inc., 1984 AJG — Los Angeles 8/1304 3 :09 PAGE 4/4 Right NAMED INSURED: .ECO Capistano Valley,Inc.;Southwest Water Company POLICY NUMBER: IX6343763-03 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. ADDITIONAL INSURED—DESIGNATED PERSON OR ORGANIZATION This andorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: City of San Joan Capistrano The District,The Board of Directors of the District The City,The city Council and each of their respective officers,Officials Agents,volunteers,and Employees As required by written contract or agreement. (If no entry appears above,infotma tian required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) CG 20 261155 Copyright,Insurance Services Office,Inc., 1984 0 0 Ci y of San Juan Capistrano 32400 Paseo Adeianto San Juan Capistrano, CA. 92675 (949) 493-1171 Fax: (949) 493-1053 ^, / FAX TRANSMISSION COVER SHEET Date: (�y To: � _ /W Fax: $l�)531 Re: Sender &w6 . (404WV3'630<7 YOU SHOULD RECEIVOPAGE(S), INCLUDING THIS COVER SHEET. IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL (949) 94 6tq OW�4 aetf 4,w� /0JZDUI S � City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA. 92675 (949) 493-1171 Fax: (949) 493-1053 FAX TRANSMISSION COVER SHEET Date: To: Fax: Re: Sender: YOU SHOULD RECEIVE PAGE(S), INCLUDING THIS COVER SHEET. IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL (94 9) POLICY NUMBER: LXD6343763-01 COMMERCIAL GENERALLIABILITY THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. ADDITIONAL INSURED--DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: The District,the Board of Directors of the District,the City,the City Council and each of their respective officers,officials,agents, volunteers and employees (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 as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. CG 20 261185 Copyright,Insurance Services Office,Inc., 1984 POLICY NUMBER: LX6343763-01 COMMERCIAL GENERAL LIABILITY CG 24 04 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: The District,the Board of Directors of the District,the City,the City Council and each of their respective officers,officials,agents, volunteers and employees (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. ) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard" . This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 Copyright, Insurance Services Office, Inc. , 1992 - CERTIFICA OF LIABILITY INSURA OP ID D DATE(Mruoomvp ACORD ECOCA-1 07/29/04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Arthur J. Gallagher & Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License #0726293 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 505 N.Brand Blvd, Suite 600 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Glendale CA 91203-3944 Phone: 818-539-2300 Fax:818-539-2301 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Granite State Insurance CO INSURER B: zurich aFerice¢ Insurance cc. ECO Capistrano Valley Inc. Southwest Water CompaINSURER C: xaYl. o¢iou rare Ins Co of PA nyy 32234 Paseo Adelanto Bte. D INSURERD: San Juan Capistrano 6A 92675 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. LTR HISRCI TYPE OF INSURANCE POLICY NUMBER DATE MLVD DATE MMID LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X X COMMERCIAL GENERAL LIABILITY LX6343763-03 09/01/04 09/01/05 PREMISES(Ea owurence) $ 1,000,000 CLAIMS MADE 11 OCCUR MED EXP(My one parson) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY X JE� LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 B X ANY AUTO RAP9298955-04 (AOS) 09/01/04 09/01/05 (Ea accident) ALL OWNED AUTOS TAP9298956-04 (TX) 09/01/04 09/01/05 BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHERTHAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 10,000,000 C X OCCUR CLAIMSMADE BES683892 09/01/04 09/01/05 AGGREGATE $ 10,000,000 DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND X I TORY LIMITS ER B EMPLOYERS'LIABILITY WC2795955-06 09/01/04 09/01/05 E.L.EACH ACCIDENT $ 1,000,000 ANY PROPRIETOR✓PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYE $ 1,000,000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 OTHER D Professional Liab HOC 3765163-03 11/08/03 11/08/04 Limit: $2,000,000 Claims Made I I Ded: $50,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS *EXCEPT 10 DAY NOTICE OF CANCELLATION FOR NONPAYMENT OF PREMIUM. ALL POLICY TERMS, CONDITIONS, LIMITATIONS AND EXCLUSIONS APPLY. ***See attached Notepad for Description*** CERTIFICATE HOLDER CANCELLATION CITYSAN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYSWRrrrEN City of San Juan Capistrano NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Attn: Cindy Russell IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 32400 Paseo Adelanto San Juan Capistrano, CA 92675 REPRESENTATIVES. �1 �gIZEwREPgES TA IVE ACORD 25(2001/08) 0 ACORD CORPORATION 1988 AML AdL The District, the Board of Directors of the District, the City, the City Council and each of their respective officers, officials, agents, volunteers and employees shall be Included as Additional Insureds as respects General Liability as required by written contract or agreement to the extent insurable as their interest may appear for liability arising out of the operations of the Named Insured. Waiver of Subrogation included as respects General Liability as required by contract. i eady Mixed Concrete entura Blvd. #475 cino, CA91436-4778 .uG-saa 7100 6= C9 _0640 2=86 1158 RETURN RECEIPT REQUESTED N D a CAPISTRANO VALLEY WATERDISTRICT 2400PASEOADELANTO P1i SAS JUAN CAPISTR.CA 92675- t M 7J fJ (lt u rb .. _ _._ . . ._ _ _ • - ILL���LLil,d�,�IJ�Lr�ILrILJIrr�„IIJL„IL��L►r,l CALIFORNIA PRELIMINARY 20—DAY NOTICE (For use on Private and I'ublic Works) (Civil Code Section 3097,3098, 3111, 3241 3252 et Seq.) **** GENERAL CONTRACTOR **** **** CONSTRUCTION LENDER **** ECO RESOURCES 32234 PASEO ADELANTO, STE.D SAN JUAN CAPISTR, CA 92675- ** OWNER/REPUTED OWNERIPUBI.IC AGENCY ** **** CUSTOMER **** CAPISTRANO VALLEY WATER DISTRICT ARB, INC. 32400 PASEO ADELANTO 26000 COMMERCENTRE DRIVE SAN JUAN CAPISTR, CA 92675- LAKE FOREST,CA 92 63 0-1 404 You are hereby notified that National Ready Mi Aed Concrete Co.has furnished or will furnish labor,service,equipment or material of the following general description: Concrete andrelated materials for building structure or other work of improvement Located at: VAR. LOC. IN SAN JUAN CAPIS"f R., SAN JUAN CAPISTR, CA J#1436340 The name of the person or firm who contracted Cor the prrchase of such labor,services,or material is ARB,INC.. An estimate of the total price of the labor, services, equipment or material is 1,100.00. NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor,services,equipment or materials furnished or to be furnished,a mechanics lien leading to the loss,through court foreclosure proceedings,of all or part of your property being so improved may be placed against the property even though you have paid your contractor in full. You may wish to protect yourself against this consequence by 1)requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor,or(2) any method or device that is appropriate under the circumstances. ARB, INC. Dated: August 5,2004 Valarie Weaver 26000 COMMERCENTRE DRIVE Credit Department LAKE FOREST,CA 92630-1404 818-728-5200 X' /�!i�I �l"��� l CALIFAIA PRELIMINARY 20-DAIWTICE (Public and Private Works) This is not a lien. This is not a reflection on the integrity of any contractor or subcontractor, but the notice prescribed in accordance with Section 3097 and 3098,California Civil Code 1. The following is a general description of the labor,service,equipment or materials furnished or to be furnished by the undersigned: COLDMILLING/PULVERIZING ASPHALT Owner or Reputed Owner PUBLIC AGENCY 2. An estimate of the total price of the labor,services,equipment or materials (on private work) (on public work) furnished or to be furnished is: CAPISTRANO VALLEY WATER DISTRICT 5,000.00 Estimated 32400 PASEO ADELANTO 3. The name of the person or firm that has furnished or will furnish labor, SAN JUAN CAPISTRANO, CA 92675 services,equipment or materials is: 7004-1350-00014464-8629 PAVEMENT RECYCLING SYSTEMS P.O. Box 1266 LENDER/SURETY""' Riverside, CA 92502-1266 NONE REPORTED PRS JOB NO R413724 4. The name of the person or firm who contracted for the purchase of such labor,services,equipment or materials: GENERAL CONTRACTOR.... ATKINSON GRADING&EQUIP RrT ECO RESOURCES, INC./ECO CAPISTRANO VALLEY 4592 ORION STREET =_ o 32234 PASEO ADELANTO HUNTINGTON BEACH, CA 92649:-- SAN 2649"-SAN JUAN CAPISTRANO, CA 92675 5. The description of the building,structure or othWwork 6114nprovment is: SAN JUAN BASIN AUTHORITY DESALTER PROJECT 32420 PASEO CUSTOMER"" ADELANTO SAN JUAN CAPISTRANO,C A 9267 ` ATKINSON GRADING& EQUIP RENT The Person or firm giving this notice is required,.pursuantitp collaGwa bargaining agreement,to pay supplemental fringe benefit$to an exprdSs trust Ord(described in Civil Code 3111). Said funds are identified as follows: -G 4592 ORION STREET HUNTINGTON BEACH, CA 92649 Operating Engineers Local#12,Construction Laborer's Trust, Laborers Benefit Fund NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor,services,equipment or materials furnished or to be furnished,a mechanic's lien leading to the loss,through court foreclosure proceedings,of all or part of the property being so improved may be placed against the property even though you have paid the 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 payment to your contractor or(2)any other method or device that is appropriate under the circumstances. Other than residential homeowners of dwellings containing fewer than five units,private project owners must notify the original contractor and any lien claimant who has provided the owner with a preliminiary 20-day lien notice in accordance with Section 3097 of the Civil Code that a notice of completion or notice of cessation has been recorded within 10 days of its recordation. Notice shall be by registered mail,certified mail,or first class mail,evidenced by a certificate of mailing. Failure to notify will extend the deadlines to record a lien. PAVEMENT RECYCLING SYSTEMS 10/26/2004 Lori Gorajewski (951)682-1091 ext. 2200 Preliminary Notice Clerk PROOF OF SERVICE MY MAIL AFFIDAVIT I declare that I served a copy of the above document,and any related documents,by(as required by law)first-class,certified or registered mail, postage prepaid,addressed to the above parties,at the addresses listed above. I declare under penalty of perjury that the foregoing is true and correct. Executed at Riverside, CA. Lori Gorajewski (951)682-1091 ext. 2200 10/26/2004 Preliminary Notice Clerk ,� AM 0,&Wastewater Operations Management ECO Resources, In . �tECEIVED 2003 MAY - 1 P 2- q9 CITY CLERK 29 April 2003 SAN JUAN CAPISTRANO Ms. Amy Amirani, Director of Public Works Capistrano Valley Water District P. O. Box 967 San Juan Capistrano, CA 92693 CC: City Clerk; City Manager Capistrano Valley Water District 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Dear Amy, We are in receipt of your letter of 11 April 2003. The points you raise therein do not overcome the basic fact of the contract, including the substantial amount of references therein, that ECO/Boyle has the right to make the design improvements we noted. By reference I'm incorporating, and refer you to, my 2 April 2003 letter to Barry Redeker(Malcolm Pirnie). Nothing ECO has done deviates from the Contract Standards or Design Requirements, which were specifically negotiated and constructed to allow ECO/Boyle to make changes it deems proper to ensure meeting our responsibility to produce quality water. This is quite apparent in the language throughout the agreement between ECO and the City, which was — and remains -- a contract for "design/build/operate". As discussed at length during the negotiations, the purpose of the Design Requirements was specifically not intended to require ECO to build equipment exactly as described in preliminary designs presented to the City, even through contract signing. By th'. nature ,Tfthis des;gn/build/cperate fnrn7ut we aoreecl 11pon, the final design wac not a part of the signed contract. This concept is clearly evident throughout the contract (per my letter to Malcolm Pirnie) — see additionally Article I.2(F). No review by, or approval of, the City is necessary, for ECO is not requesting a Change Order; indeed, no price or scope change will be involved at all. As is clearly evident, ECO has not changed from its basic design principles, which still include filtration preceding reverse osmosis. All product water will meet or exceed the Design Requirements, as well as all other Contract obligations. Given that stipulation — and our 20-year contract commitment to quality and costs at no risk to the City — there is clearly no basis for your position. The arguments you raise — that the facilities cannot change at all from conceptual drawing submittals — have no merit in the design/build/operate bid format that City staff chose and the Council approved. Boyle has completed the engineering design based on the most recent information we provided to the City's representatives at Malcolm Pimie. Materials procurement �� 5820 Stoneridge Mall Road - Suite 204 - Pleasanton,CA 94588 - (925)463-3663 - Fax(925)463-0232 + , 3 A'ater&Wastewater Operations Management ECO Resources, Inc. has begun on these items, and construction will soon commence, in accordance with our requirements to produce water by the Contract dates. The project is on schedule, and we look forward to providing water exceeding the contract requirements to the City of San Juan Capistrano next year—and for many subsequent years. Sincerely, Steven E. Richardson I Vice President Western Region Cc: P. Moerbeek; C. Costello; & T. Tekluve—ECO C. Roux—Weston Benshoof 5820 Stoneridge Mall Road • Suite 204 • Pleasanton,CA 94588 • (925)463-3663 • Fax(925)463-0232 Az� ARB,INC. JOHN M.PERISICH,ESQ. 26000 COMMERCENTRE DR.,LAKE FOREST,CA 92630 GENERAL COUNSEL TEL:949.454.7110 • FAX:949.595.5544 January 8, 2003 Via Overnight Mail Ms. Denise Hering Stradling, Yocca, Carlson &Rauth 660 Newport Center Dr. Suite 1600 Newport Beach, CA 92660 Re: ARB, Inc./ECO Resources Contract Dated December 8, 2002 Payment and Performance Bonds Dear Ms. Hering: Enclosed are the original executed bonds and bond riders for the above-referenced contract. I have inserted the ECO/ARB contract date of December 8, 2002 in the bond form, as it has been blank until now. If you have any questions, please do not hesitate to contact me. Very truly yours, John . Perisich G eral Counsel JMP;j a Enclosures IN ACCORDANCE WITH SECTIONS 3097 AND 3098, .. .. ._ CALIFORNIA CIVIL CODE THIS IS NOT A LIEN.THI 15 NOT A REFLECTION ON THE INTEGRITY OF ANY 1;��Jpy' ''/ CONTRACTOR OR SUBCONTRACTOR, lJ CERTIFIED .; YOU ARE HEREBY NOTIFIED/THAT.. tl Y 14l 1 r IIt ....iii LAME AND BOR SERVICES, IP PERSON OR FIRM FURNISHING� 7004 1160 0005 1608 4573 LABOR,SERVICES,EQUIP.PE MATERIALS has furnished or will furnish labor, services, equipment or CALIFORNIA rmrLIMINAKY NU I Il.t materials of the following description LENDER(REPUTED) ORIGINAL CONTRACTOR(REPUTED) r .-,11 I , 'ftrinl t ,`rr. fitl;-�l- I 'I I-" lis'I Y: 'l. 1 l lI n'I-`.a11 'I.-t I fn1r .' I , t- t f t tv'l - - t - . 1 ' .It-liat'l I i'`II ' I ..<1 - L,t'.I OWNER(REPUTED)OR PUBLIC AGENCY SUBCONTRACTOR WITH WHOM CLAIMANT CONTRACTEI for building,structure or other work of improvement located M. 1 r;I ;.; I I.'('if,'I I till I I, - 1,Ifr;'I d a Y Name of person or firm who contracted for purchase of � sucM1 labor,services,equipment or materials is: I-I! Ii i i'1 f ,l ! r;i 1 :} a CPN PREPA 1U 6�{41j An estimate of the total price of the labor services,equipment Qi'irfyr C or material is$ SIGNATURE: r ir-1 4I r l T 0:J:J h I Trust unds to which pplemental fringe benefits are 4 payable I II ' 1 _ i I tl'ai III 1 Bond No. 24015060 Premium: $85,800.00 FORM OF CONSTRUCTION PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that ARB, Inc., as Principal, and Liberty Mutual Insurance Company with underwriting office at 505 South Main Street, Suite 830, Orange, CA 92868, to which all communications in regard to this bond should be addressed, a corporation organized and existing under the laws of Massachusetts and duly authorized to do business in the State of California, as Surety, are held and firmly bound unto ECO Resources, Inc., as Obligee, in the penal sum of Sixteen Million Five Hundred Thousand and 00/100 Dollars (the "Bonded Sum"), for the payment which well and truly made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns, firmly by these presents. WHEREAS, the Principal has by the Agreement for the Construction of the San Juan Basin Desalter Project, dated 12/08/02 , entered into a contract with the Obligee for the construction, of the San Juan Basin Desalter Project (the "Project") all in accordance with the terms of such contract, which contract is by reference made a part hereof, and is hereinafter referred to as the Construction Agreement; NOW, THEREFORE, the condition of this obligation is such that, if the Principal shall promptly and faithfully do and perform all of the Principal's obligations under the Construction Agreement through completion of construction then this obligation shall be null and void, otherwise it shall remain in full force and effect, it being expressly understood that the liability of the Surety for any and all claims hereunder shall in no event exceed the Bonded Sum. 1. Whenever the Principal shall be, and shall be declared by the Obligee to be, in default under the Construction Agreement, the Obligee having performed the Obligee's material obligations thereunder, the Surety shall promptly remedy the default whatever it may be or shall promptly: (a) Perform the Construction Agreement in accordance with all of its terms and conditions; or (b) Obtain bids for submission to the Obligee for performing the Construction Agreement in accordance with its terms and conditions, and upon mutual determination by the Obligee and the Surety of the lowest responsible bidder, arrange for a contract between such bidder and the Obligee and make available as work progresses (even though there will be a default or a succession of defaults under the contract or contracts for performance arranged under this paragraph) sufficient funds to pay the costs of performance of the Construction Agreement, less the unpaid balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable to Obligee hereunder, the amount set forth in the first paragraph hereof. 4146191 Notwithstanding the Principal's obligations under any provisions of the Construction Agreement, it is understood that any payment made by the Surety in good faith under this bond shall reduce the penal sum by a like amount. The term "balance of the contract price" as used in this paragraph, shall mean the total amount due and payable by the Obligee to the Principal under the Construction Agreement and any amendments thereto, less the amount paid by the Obligee to the Principal in accordance with the terms of the Construction Agreement. 2. No alteration, modification or supplement to the terms of the Construction Agreement or any subcontracts or the nature of the work to be performed thereunder, including any extension of time for performance, shall in any way affect the obligations of the Surety under this bond. The Surety waives notice of any alteration, modification, supplement or extension of time. Signed and scaled this 3rd day of January, 2003 . IN PRESENCE OF: ARB, Inc. [Affix Corporate Seal of Principal] jNa � John M. Perisich Vice President IN PRESENCE OF: Liberty Mutual Insurance Company [Affix Corporate Seal of Principal] By:'Ar74- J� t7lh� Name: nna J. Frowd Title: Attorney-in-fact Note: This bond must be acknowledged before notary publics and a legally sufficient power of attorney must be attached to the bond to verify the authority of any party signing on behalf of the surety. 14619 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California I Orange ss. County of , I' On JAN O S ZOOS before me, _Jacquelyn G. Anderson, Notary Pubi 1 Dale Name and Title of Officer(e.g..'Jane Dae,Nolary Public') personally appeared John M. PefiSlch Name(s)of Signer(s) I ®personally known to me proved to me on the basis of satisfactory evidence to be the 'person(s) whose name(s) is/are subscribed to the within instrument and . ZC61QUELYN G.ANDERSON acknowledged to me that helshelthey executed Commissiontt122 m the same in his/her/their authorized ., Nota mage -County nio capacity(ies), and that by his/her/their Orange County My Comm.BvilrmAnl420D signature(s)on the instrument the person(s), or 1 the entity upon behalf of which the person(s) acted, executed the instrument. WIT SS my hand and official sqal. 1-4 Place Notary Seal Above ignalur ryPublic 'i OPTIO AL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: ' I i Signer(s) Other Than Named Above: , I Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual - Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ) ❑ Trustee ! ❑ Guardian or Conservator ❑ Other:_ Signer Is Representing 0 1999 N.,wnal Nola,AssOcalion•9350 0.Sola Ave..PO.Box 2402'Cbao..Ar.C/913112402•wmr.,alvmalrrolary OMProo.No.590] Ro..,'.Call Toll Free 1.800.876.6627 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �<<vv-Cir<M.i �.c: r;,r��r ,,S.r;,;r;.•,r,4rc.>'Tr:s�i .;;�^r,:c,-r„r�;c,.^T�z.^sr!,�X,rti-C.cr.4:. '^��',^rr., .T C, State of California 's fiaa. t County of Marin i On January 3, 2003betoreme, Melissa Hickson, Notary Public r� Data Name and Title of weer(e.g.."Jane Dae.Notary Public') personally appeared Donna J. Frowd Name(,)of S"t er(e) ? Xpersonally known to me ❑ proved to me on the basis of satisfactory �f evidence MELISSA IH-ICKSON IF Commission#i 35M5 to be the person(s) whose name(s) is/are p Notary Public-CaNfomis subscribed to the within instrument and Marin County acknowledged to me that he/she/they executed eycomi00resAPr27r2WO the same in his/her/their authorized !h capacity(ies), and that by his/her/their �l signature(s) on the instrument the person(s), or K, icy the entity upon behalf of which the person(s) °S acted, executed the instrument. WITNESS my hand and official seal. Signature of NMary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Ih1 (5 Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer f5� �Irh Signer's Name: r� ❑ Individual TOD of Inurnb Here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General rh ❑ Attorney-in-Fact ❑ Trustee � ❑ Guardian or Conservator 5 ❑ Other: Signer Is Representing:- 0 IM epresenting:®1993 Nalonal Notary esiedo diion•9350 De Soto Ave..P.O.Box 2402•Chatsworth.CA 9131 32402•www.nawnalnolar,0r Prod No.5907 Reorder WII Toll-Free 1 9069]6-652] Bond No. 24015060 - Premium: Included on PAYMENT BOND Performance Bond KNOW ALL MEN BY THESE PRESENTS, that ARB, Inc., as Principal, and Liberty Mutual Insurance Company with underwriting office at 505 South Main Street, Suite 830, Orange, CA 92868, to which all communications in regard to this bond should be addressed, a corporation organized and existing under the laws of the Massachusetts and duly authorized to do business in the State of California, as Surety, are held and firmly bound unto ECO Resources, Inc., as Obligee, for the use and benefit of claimants (as hereinafter defined), in the penal sum of Sixteen Million Five Hundred Thousand and 00/100 Dollars (the "Bonded Sum"), for the payment which well and truly made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns, firmly by these presents. WHEREAS, the Principal has by the Agreement for the Construction of the San Juan Basin Desalter Project, dated 12 /08/02 , entered into a contract with the Obligee for the construction of the San Juan Basin Desalter Project (the "Project"), all in accordance with the terns of such contract, which contract is by reference made a part hereof, and is hereinafter referred to as the Construction Agreement; NOW, THEREFORE, if Principal or any of its subcontractors, fails to pay for any materials, equipment, or other supplies, or for rental of same used in connection with the performance of work contracted to be performed under the Construction Agreement or for work or labor thereon of any kind or fails to pay any claimant amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant or for any amounts required to be deducted, withheld and paid to the Employment Development Department from the wages of employees of the Principal and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor and all other applicable laws of the state of California and rules and regulations of its agencies, then said Surety will pay for the same in an amount not exceeding the sum specified above. However, this obligation shall be subject to the following conditions: 1. A claimant is defined for purposes hereof as one having a direct contract with the Principal, or with a Subcontractor of the Principal for labor, materials, or both, used or reasonably required for use in the performance of the Construction Agreement and/or those persons defined in Section 3181 of the California Civil Code; labor and materials being construed also to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Construction Agreement. 2. The Principal and Surety hereby jointly and severally agree with the Obligee that every claimant as defined herein, who has not been paid in full before the expiration of a period of 90 days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such 414619 1 sum or sums as may be justly due claimant, and have execution thereon. The Obligee shall not be liable for the payment of any costs or expense of any such suit. 3. No suit or action shall be commenced hereunder by a claimant other than in a court of competent jurisdiction in the State of California or in the United States District Court for the Central District of California (Southern Division), and not elsewhere. 4. No alteration, modification or supplement to the terms of the Construction Agreement or any subcontracts or the nature of the work to be performed thereunder, including any extension of time for performance, shall in any way affect the obligations of the Surety under this bond. The Surety waives notice of any alteration, modification, supplement or extension of time. 5. Upon request by any person or entity appearing to be a potential beneficiary of this bond, the Principal shall promptly furnish a copy of this bond or shall permit a copy to be made. 6. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against the Project, whether or not claim for the amount of such lien be presented under and against this bond. Signed and sealed this 3rd day of January, 2003. IN PRESENCE OF: ARB, In [Affix rporate Seal of Principal] Name: John M. Perisich Ti *: Vice President IN PRESENCE OF: Liberty Mutual Insurance Company [Affix Corporate Seal of Principal] By: A11,4- V-; /i�2cZ( Name: DQWna J. Frowd Title: Attorney-in-fact Note: This bond must be acknowledged before notary publics, and a legally sufficient power of attorney must be attached to the bond to verify the authority of each party signing on behalf of the surety. 414619.1 Note: This bond must be acknowledged before notary publics, and a legally sufficient power of attorney must be attached to the bond to verify the authority of each party signing on behalf of the surety. 414619.1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 1 Orange } ss. County of J , On JAN U 8 2003 before me, Jacquelyn G. Andersont Notary Publ Hale Name and Title of Officer(e g.,-Jane one,Notary Public') personally appeared John M. PeriSlch Name(s)of Signers) ® personally known to me ❑ proved to me on the basis of satisfactory evidence JACQUELYN G.ANDERSON i to be the AlCommission#1220592 I person(s) whose name(s) is/are Notary Public-Cotitanta subscribed to the within instrument and WWWOorange County acknowledged to me that he/she/they executed MyCaTim.bViresJuM&20M the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I I NESS my hand and official seal. � Place Notary Seal Above Syna Notary Publlc 'I OPTIONAL ,. Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signers) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 mia Nalmal Notary Aslaxabon-9350 De Sola Ave.PO.Box 2J2-Chailleah,CA91313-2402-www naf alnouryorg Pro0 No 5907 Palmer Call Toll-Free 1 B006]6r682] CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 1 County of Marin ss. } 2 Melissa Hickson NotaryPublic On January 3, 2003 before me, � fi Dale Name and Ttle of Officer lo.g.,"Jane Doe,Nolary Puahc") F personally appeared Donna J. Frowd Narrate)of Slgrans) - Ir� CXpersonally known to me ❑ proved to me on the basis of satisfactory fi evidence r. MELISSA HICKSON to be the person(s) whose name(s) is/are 3' _ Commission6135MS subscribed to the within instrument and re 3s Notary Public-GelHomie acknowledged to me that he/she/they executed 3 Marin c,„My the same in his/her/their authorized r MyColl BorinApr 27,2W5 capacity(ies), and that by his/her/their �. signature(s) on the instrument the person(s), or i2 16 the entity upon behalf of which the person(s) acted, executed the instrument. Z WITNESS /my hand an�ff7ic^ial�cal. C� I� I r lYN / 1 '(/� r: Si,nature of Notary Public, i OPTIONAL ��i, Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent ' F' fraudulent removal and reattachment of this form to another document. Description of Attached Document r Title or Type of Document: F 51 Document Date: Number of Pages: Signer(s) Other Than Named Above: ' Capacity(les) Claimed by Signer 3 Irl; Signer's Name: ❑ Individual Top of thumb here T:. ❑ Corporate Officer—Tltle(s): Ih ❑ Partner—❑ Limited ❑General phi 2 ❑ Attorney-in-Fact ❑ Trustee �h ❑ Guardian or Conservator t' ❑ Other,_ Signer Is Representing 1 01999 National Notary Association•9350 De Sako Ave..PO,Boa 2402•Chatsworth,OA 913132411?•aera nalionalnotaryorg Prod No.5907 Reorder Call Toll Free 1-6009]6-662] THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 800900 This Power of Attorney limits the act of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company {the "Company"), a Massachusetts mutual insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint, MICHAEL B. MCGOWAN, SUSAN J. MCGOWAN, DONNA L. WELSH, DONNA J. FROWD, ALL OF THE CITY OF NOVATO, STATE OF CALIFORNIA....................................................................................................... ......................................................................................................................................................... .................................... ............................................................................................................................................................................................... .........................................................-..................-.................................................................................................................. ............................................................................................................................................................................................... each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute,seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed,-any and all undertakings,bonds, recognizances and other surety obligations in the penal sum not exceeding SEVENTY-FIVE MILLION AND 00/100* *************'***** DOLLARS ($75,000;000.00***** ) each, and the execution of such bonds or undertakings,in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by W the secretary of the Company in their own proper persons. a N CIL That this power is made and executed pursuant to and by authority of the following By-law and Authorization: C -O ARTICLE XVI-Execution of Contracts:Section 5.Surety Bonds and Undertakings. -� y yyy Any officer or other official of the company authorized for that purpose in writing by the chairman or the president, and subject to such C y limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the a r_ company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the ccC tO company by their signature and execution of any such instruments and to attach thereto the seal of the company. When so executed such — O i pl instruments shall be as binding as if signed by the president and attested by the secretary. r C By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: y W C y > Pursuant to Article XVI, Section 5 of the By-laws, Assistant Secretary Garnet W. Elliott is hereby authorized to appoint such attorneys-in-fact p p "m as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, >r p O1 bonds, recognizances and other surety obligations. w Cl) oa N N That the By-law and the Authorization above set forth are true copies thereof and are now in full force and effect. v O i Ol C IN WITNESS WHEREOF, this instrument has been subscribed by its authorized officer and the corporate seal of the said Liberty Mutual Insurance 3 O 0 r Company has been affixed theeto in Plymouth Meeting,Pennsylvania this 2nd day of May 2001 E a a LIBERTY MUTUAL INSURANCE COMPANY L O CIO W ^ cr crit OO C . By Garnet W.Elliott,Assistant Secretary r 2y2 OC OF E*d„ COMMONWEALTH OF PENNSYLVANIA as d w W COUNTY OF MONTGOMERY O G V On this 2nd day of May , A.D. 2001_, before me, a Notary Public, personally came the individual, known to £� > d me to be the therein desc" dual and officer of Liberty Mutual Insurance Company who executed the preceding instrument, and he acknowled- N +� t ged that he executed xsartie a the seal affixed to the said preceding instrument Is the corporate seat of said company; and that said corporate =CO Zu seal and his signatu �� was duly affixed andsubscribedto the said instrument by authority and direction of the said company. O O ',b,,l,$'� 1. IN TESTIMOOg7vkla£REOF l_f*f' set my hand and affix my official seal at PlymouthMeeting,P the qday and year first above written. '.,y .�tp # � � - "- �, Notary Public t Jy',,'w vtv�' -;M1�d - __ CER'ffFtCATE 1, the undersigne$1 tEiikV tet@ry-of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and cbTr@Ey,Is in full force and effect on the date of this certificate; and I do further certify that the officer who executed the said power of attorney was one of the officers specially authorized by the chairman or the president to appoint any attorney-in-fact as provided in Article XVI,Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate may be signed by facsimile under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company wherever appearing upon a certified copy of any power of attorney issued by the company, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, 1 have hereunto0s�bscribed my name and affixed the corporate seal of the said company, this 3rd day of January 11 33 Stant Secretary THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER May 2 ,2011 . =00PROX8114%400 a7i'�'iWon PbIMou1P %PA-18161.,fµ taaerrnrrarra asr.wae+e .(s,o,ea~ RIDER ADDING ADDITIONAL OpLIGNO Thle W4er lsto be etbch ed to end forma part cisurety bond number 24015060 —,dated me 3rd days January 2003 wAoubd by Liberty Mutual Irourshoe Company, a Maueshuestle muwsl Insurance company.se surety Mw'Sursty9,on behalf of In favor of ARB, Inc. as ptimpal(the"Principal"), ECO Resources, Inc. ,asobliges(the"Obig"$ WHEREAS,"PAnofpal hoe by wMw ogmneM dated t4 8th dayofDecemhgr. , 2009 enbtad Into a eonboot(the"0ont ftio)weh the Mfg"lion San Juan Basin Desalter Project WHEREAS,upon the faguaet of the Princlpal and Oblges,the alteohad bond Ia hereby emended to dW Capistrano Valley Water District and Ambac Assurance Corporatiggs an wwworW obliges(the 4Ado11*4W Obligee")to dis bond,and the Obligae and Addltbnsl Oblgae atWl be Joint and asvarel benallole0se of the band and snell be MW mfamd to as Ove ORION OWgaa'. RKMPEP, HOWOVER,"re shall be no IhbSy of the Suet under the afthad bond to the Sprat Obipaa, !khan Jointly or sevetalty,unless and unill the Sand Obligees,IMP make payment to the Pdnoipal or to the Surety (am* the Sway arrange for or undertake tie oompedsn of the Corttrad upas ate default of the Pdndpaq, @W*In atonrdenoe wW the terms of the Contraok and Mherwpe minty art temp and eadltlons and perforin ad Of Im o9w o"a gpns to be psdorined under the CaNtgot at We rime and In the manner""In eat fmm;ell of ms gob of one OW W"being t trading upon the odwr. In no wed shall One 40MO A Neblly of the Sway to to Bond Opp e".slow Jointly w severely,sxcaed the panel sum of the dWoW bond.nor shall dw Surety be liable exoapt for a single prymeM for sash single breach or dMrwh,At the Sum"eleclon.any payment due to e0wr Oblgae may be made by He dwok Issued Jdray to both. Thla ohangP is atfegil"Me 3rd day of January ,20 03 The atta"d bad shell be Iubled to all of Ib baro,oondlgm and Ilmitatlons sx=O as herein modified. IN WITNES8 WHEREOF, sold PWnogsl,Su",0010"and Adm Obligee ham caused Weed presenia to lw4aysgnedamgnaw this 7th dyes January 20 03 ARB, Inc. y C,s'���' east) 6*dpll) gat b: ' LLORRltt Y MUMUgdepMNCR COMPANYJeer) TIUa: tl1M Date: January 7v2003 (0111111") nc;s, (seen tAfalw>«+oteos.) � seen LMPW20 caw,caneo1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT r- �-ti'��-.crc�'.cc5r.�r'ccs•�..�.c-�'.c-rcrcry�rcrc`f>.crcrc.C.ct-.cfe�'.cr.�(`�(..5:<' .e< ,�r ... -.,y, State of California �I ss. County of Orange On JAN 0 8 2003 before me, Jacquelyn G. Anderson Notary Pi4bl Data Name and Title of Officer(e.g.,'Jane Doe.Notary Public•) personally appeared John M. Perisich Neonate)of Slgnege) ®personally known to me ❑ proved to me on the basis of satisfactory evidence I- I JACQUELYN G.ANDERSON to be the person(s) whose name(s) is/are commission#1220592 subscribed to the within instrument and Noi PublicCouaty�i acknowledged to me that he/she/they executed Orangethe same in his/her/their authorized I- MY Canm.f�ies Jun 18,21X13 -i capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I WI ESS my hand and offid seal. I. Place Notary Seal Above Si,n.t0renot Notary Public I' I OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document ,. and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: is Signer(s) Other Than Named Above: I- Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top or thumb Here ❑ Corporate Officer—Title(s): ,- ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: I� •C(,Cc,-�,Zcr_sC;c.�`Ct.'�4'�.'�c.�(.�Ci;'�(,'�c,`�.-�cfc:i.Z.c.'(`—L'�Cc___ __ __ __ _ __ _ �`�(,'�rv'�2,'�(>c<�`��,¢4�i;'�4Cs'� 01993 Na1'orul Notary Aseoculion•9350 De SOW A,,e.PO 9os 2A02•CAals Odb,CA 913132902•w nalionalnaury.org PrcE.No.5907 Reorder Call Toll Free 1 800 876 6627 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �5 State of California ,�� �; County of Marin ss. K On January 7, 2003before me, Melissa Hickson, Notary Public Data New and TNe of OXiwr(e.g.,"Jane Doe.Notary Publ¢") '> r• Donna J. Frowd � � personally appeared fr: Names)of ftear�s) Mpersonally known to me } � I< ❑ proved to me on the basis of satisfactory evidence MELISSA Fi1CKSOr'� Commissioni1353805 to be the person(s) whose name(s) is/are Public-California £ 2 S NoM �n county � subscribed to the within instrument and t acknowledged to me that he/she/they executed Mycdnn•Expim Apr77'2DO6 the same in his/her/their authorized 6 capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. � WITNESS my hand and offi al seal. i / I 'LSgratura of otary b lic OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ri' Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer t Signer's Name: � . ❑ Individual Top of thumb here ' ❑ Corporate OfficerTitle(s): ❑ Partner—❑ Limited ❑General ' ❑ Attomey-in-Fact ❑ Trustees ❑ Guardian or Conservators ❑ Other: L� Signer Is Representing:- 0 1999 epresenting:®1999 bill Notary Association•9350 De Salo Aw.,P.O.Box 2402-Chatawollh,CA 91313-2402•wmw.nabaratnolar,org Prod No.5907 Reoncec Call Toll-Free"00 T}IlS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 800980 This Power of Attorney limits the act of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts mutual insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint, MICHAEL B. MCGOWAN, SUSAN J. MCGOWAN, DONNA L. WELSH, DONNA J. FROWD, ALL OF THE CITY OF NOVATO STATE OF CALIFORNIA...........................:........................................................................... ..........................................................................:.................................................................................................................... ............................................................................................................................................................................................... ............................................................................................................................................................................................... ................................................................................:.............................................................................................................. each individually if there be more thanonenamed, its true and lawful attorney-in-fact to make, execute,seal, acknowledge and deliver,for and on its behalf as suret and as its act and deed, anand all undertakings,bonds, recognizances and other obligations in the penal sum not exceeding SEVENTY-FIVE MILLION AND 001100.********.**.*..*.* DOLLARS ($75,000,000.00* ) each, and the execution of such bonds or undertakings, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by m the secretary of the Company in their own proper persons. y y N CL That this power is made and executed pursuant to and by authority of the following By-law and Authorization: C 'OC ARTICLE XVI-Execution of Contracts:Section S.Surety Bonds and Undertakings. y �Nyt Any officer or other official of the company authorized for that purpose in writing by the chairman or the president, and subject to such a d limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the M r company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety O obligations. Such attorneys-in-fact,subect to the limitations set forth in their respective powers of attorney, shall have full ower to bind the m 9r1 P Po Y. P o 'D company by their signature and execution of any such instruments and to attach thereto the seal of the company. When so executed such — p i instruments shall be as binding as if signed by the president and attested by the secretary. V c t F Yn C j By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: C W y > Pursuant to Article XVI, Section 5 of the By-laws, Assistant Secretary Garnet W. Elliott is hereby authorized to appoint such attorneys-in-fact `O p, >r R as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, =O N v bonds, recognizances and other surety obligations. Q Cl) M m That the By-law and the Authorization above set forth are true copies thereof and are now in full force and effect. L O d d C rr IN WITNESS WHEREOF, this instrument has been subscribed by its authorized officer and the corporate seal of the said Liberty Mutual Insurance 3 W Cw Company has been affixed in Plymouth Meeting,Pennsylvania this 2nd day of May 2001 a m m " LIBERTY MUTUAL INSURANCE COMPANY rn L O d r 0 Ot y By 1774� W. r ami r-P Garnet W.Elliott,Assistant Secretary OC O £.d. COMMONWEALTH OF PENNSYLVANIA ss >d w i COUNTY OF MONTGOMERY Ib 00 O U On this 2nd day of May A.D. 2001 , before me, a Notary Public, personally came the individual, known to E 00 > N me to be the therein desc idual and officer of Liberty Mutual Insurance Company who executed the preceding instrument, and he acknowled- a i= ged that he executed arfie 8 the seal affixed to the said preceding instrument isthecorporate seal of said company; and that said corporate C 2 u seal and his signatui h ifj was duly affixed and subscribed to the said instrument by authority and direction of the said company. 06 IN TESTIMO ) NtREOF,T`ti p set.my hand and affix my official seal at Plymou Meeling,P the day and year first above written. O to t t' , Notary Public _ �14T'�r,q�°Ytv4>�ti d . '_-__ CERTtFYGATE - I, the undersigned; ta4�la retary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full,true and c opy, is in full force and effect on the date of this certificate;and I do furthercertify that the officer who executed the said power of attorney was one of the officers specially authorized by the chairman or the president to appoint any attorney-in-fact as provided in Article XVI,Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate may be signed by facsimile under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company wherever appearing upon a certified copy of any power of attorney issued by the company, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESYMONY WHEREOF, I have hereunt uhscrlbed my name and affixed the corporate seal of the said company,this 7th day of J anuary p1(�u.5 stant Secretary THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER May 2 ,2oQ3__. 32400 PASEO ADEI ANTO �y SAN JUAN CAPISTRANO,CA 92675 �" m[AANOANiH MEMBERS OF THE CITY COUNCIL (949)483-1171 6uBUSNEA I 1961 SAM ALLEVATO (949)493.1053 FAX 1776 DIANE L.BATHGATE www.sanjuancapistrano.org WYATT HART • • JOE SOTO DAVID M.SWERDUN October 21, 2004 Eco Resources 225 N Barranca Avenue Ste 200 West Covina, CA 91791 RE: Compliance with Insurance Requirements —Ground Water Recovery Plant The following insurance document is due to expire: ✓ Professional Liability Certificate 11/8/2004 Please submit updated documentation to the City of San Juan Capistrano, attention City Clerk's office, 324 0 Paseo Adelanto, San Juan Capistrano, CA 92675 by the above ex ' ion dateVecretahry e any questions, please contact me at (949) 443-6309. Sin i �ar G ar dministrative cc: MichellePerea, Administrative Assistant I San Juan Capistrano: Preserving the Past to Enhance the Future ACORD CERTIFICATE OF LIABILITY INSURANCE OF IDTL °iE03° "O ECOCA-1 '.".5 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Arthur J. Gallagher a Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License 80726293 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 505 N.Brand Blvd, Suite 600 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Glendale CA 91203-3944 Phone: 818-539-2300 Fax: 818-539-2301 INSURERS AFFORDING COVERAGE NAIC B INSURED INSURER& Granite State Insurance Co ECO Capistrano Valley Inc. Southwest water Company INSURER C 32234 Paseo Adelintc, Ste. D INSURER D Illinois Union AIns Co San Juan Capistrano CA 92675 COVERAGES THE POLICIES OF INSURANCE LISTED RE. AIR MEN SaSUED TO THEiNSUNE.NAMED AAovE FOR THE POLICY FELL.INDmAED F.TIMINSIANDIND My N.TEND ON CONDITION OFANY ESDOCUMENT H RESPECT THIS is CERTIFICATE PAY ISSUED OR Y PERTAIN THE IN RAXICE AFFORDS BYTHE POLICIES DESCRIBED nBINTxES SUBJECT TO ALL THE TERMS EAC4_LHOAE AND CONDITIONS OF SUCH POLICIES AFLOSPECATE HIMITABHOYIN MAY HAVE BEEF REDUCED BY PAID CLAIMS LIR RESTFINBURAxcE ASEAAR POLICY NUMBER LNBI"TY s 1,000,000 A X 4XIMUNSICALREFcexE"AL LX6343763-03 09/01/04 09/01/05 APINALMSES SEE ANUAIM, + 1,000,000 FUUD"s"ASE LAI REAP FAY"W A: 5,000 imited Pollution E...L. TODAY a 1,000,000 X $1,000,000 $250,000 DEDUCTIBLE GENERAL AFFINSCALS S 2,000,000 ADGRECATE LIMIT APPLIES PER PRODUCTS-CONFAFASO s 2,000,000 POLICYX mC B XM.+AUTO BAP9298955-04 (AOS) 09/01/04 09/01/05 UPS SPAPHI�Ncry UNIT s1,000,000 L OWNEDAUT.E TAP9298956-04 (TX) 09/01/04 09/01/05 HE.ULE.AUmS R HADI"r X HURECAUTOS SHOOX �OWNEDAUTDS (PN'AU "r AAW + IUBury AUTO ONLY&EA ACCIDENT ANYALT. OTHER THAN AUTO r. ADD Oe NLLISTED OCCURRENCE + 10,000,000 C X CUR ❑ cw"s"ACE BE5683892 09/01/04 09/01/05 aDHEwTE s 10,000,000 s D CTSEL RETENTION S AXD R WCSTAN B TOSYLUNITS IN amens wBEm WC2795955-06 09/01/04 09/01/05 + 1,000,000 My IPCF"nmeSSEREFtacwoem Ecu TISRE + 1,000,000 11 HIM BFUMEEM-AM STRUC AL HATNISICAS EMEW EL DISEASE POLICY LIMIT + 1,000,000 OTHER D Excess Pollution PPLG21744293002 09/01/04 09/01/05 Ea Claim Claims Made Aggregate $10,000,000 sOR OPERATANer LOCI I SMICLE.I EXCweORA ADDED BY emO"eseBnT I SPECIAL PRO N4 Architects6Engineers Professional Liability - $2,000,000 Limit/$50,000 Deductible. Carrier:8urich American Po18 EOC376516304 Texm:11/8/04-05 *Except 10 days NOC for Nonpayment of premium. ***See attached Notepad for Description*** CERTIFICATE HOLDER CANCELLATION CITYSAN SHOULD MY ORTHE"EM DEBORIMD MOUSSE.BE CANcauO BEFORE THE mSEATnx ATETHEREOE me"BUaDlx+uwn wALBxSBANOR rO e.S 30* TAI WATTBN City of San Juan Capistrano OTSETO THE Ce"vFSATE HOLDER WANTS TO THE LEFT.BUTFABUU TO m AO ANAL Attn: Cindy Russell 32400 Paseo Adelanto •v..... v..?lORLue"rvOF-1 RBID UMON THE IM.UBS".S+ASEWn OR San Juan Capistrano, CA 92675 REPRIESTENTUNTRU�y �y� S. rnT`G.4.ilEw IWCAL4t. ACORD 25(2001/08) p ACORD CORPORATION 1988 Maria Guevara From: Michelle Perea Sent: Friday, December 03, 2004 10:45 AM To: Maria Guevara Subject: RE: Insurance „ A Maria, �v I may be able to get it faxed to me today; I emailed Chris Costello. The address that I have for ECO is: 5820 STONERIDGE MALL ROAD SUITE 204 PLEASANTON, CA 94588 or the local office is 32234 Paseo Adelanto, Ste D San Juan Capistrano, CA 92675 Thanks, Michdle,Pe v-w -----Original Message----- From: Maria Guevara Sent: Friday, December 03, 2004 9:57 AM To: Michelle Perea Subject: Insurance Hi, The professional liability for ECO Recourses expired back on the 8th of November, I sent a letter to them but it came back. Can you give me the correct address & let them know that we need that certificate. Thanks, PS. IT wait'till next Friday to add them to the non-pay. Maria Guevara, Administrative Secretary City of San Juan Capistrano City Clerk Division (949) 443-6309 i Maria Guevara From: Maria Guevara Sent: Friday, December 03, 2004 9:57 AM To: Michelle Perea Subject: Insurance Hi, The professional liability for ECO Recourses expired back on the 8th of November, I sent a letter to them but it came back. Can you give me the correct address & let them know that we need that certificate. Thanks, PS. I'll wait 'till next Friday to add them to the non-pay. Maria Guevara, Administrative Secretary City of San Juan Capistrano City Clerk Division (949) 443-6309 i I 32400 PASEO ADELANTO //,,yy✓✓ SAN JUAN CAPISTRANO,CA 92675 L"j'" m[oRvoRAIEo MEMBERS OF THE CITY COUNCIL (949)493-1171 TRIUSHiD 1961 SAM ALLEVATO V76 (949)493-1053 FAX DIANE L.BATHGATE w>1w.srnj%vuncapi.rh ano.org WYATT HART JOE DAVIDD M.M.SWERDLIN October 21, 2004 Eco Resources 225 N Barranca Avenue Ste 200 West Covina, CA 91791 RE: Compliance with Insurance Requirements — Ground Water Recovery Plant The following insurance document is due to expire: ✓ Professional Liability Certificate 11/8/2004 Please submit updated documentation to the City of San Juan Capistrano, attention City Clerk's office, 32490 Paseo Adelanto, San Juan Capistrano, CA 92675 by the above ex ' ion date. If ou have any questions, please contact me at (949) 443-6309. Sin Mand G ara `Administrative ecretary cc: Michelle Perea, Administrative Assistant I San Juan Capistrano: Preserving the Past to Enhance the Future ACORD CERTIFICATE OF LIABILITY INSURANCE OPID $ DATE(MMIDDIYYYY) ECOCA-1 11/18/04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Arthur J. Gallagher & Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License #0726293 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 505 N.Brand Blvd, Suite 600 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Glendale CA 91203-3944 Phone: 818-539-7.300 Fax:818-539-2301 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A. Granite State Insurance Co ECO Capistrano Valley Inc. INSURERS: z..rieh A. .n n.. M.e ,.rioer . Co. Southwest Wateer Company INSURER C: Natl. Drum Fir* Lu Co Of PA 32234 Paseo AflelantoC,A s92675 te. D San Juan Capistrano INSURERR D: Illinois Union Ins Co 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. POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR NSR TYPE OF INSURANCE DATE MMIDDIYY DATE MMAlOIYY GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X X COMMERCIAL GENERAL LIABILITY LX6343763-03 09/01/04 09/01/05 PREMISES(Eeoeurenoa) $ 1,000,000 CLAIMS MADE OCCUR MED EXP(Any we person) $ 5,000 X Limited Pollution PERSONAL$ADV I NJURY $ 1,000,000 X $1,000,000 $250,000 DEDUCTIBLE GENERAL AGGREGATE $ 2,000,000 `I:L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGO $ 2,000,000 POLICY X PROECT LOC J AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT B X ANVAUTO BAP9298955-04 (AOS) 09/01/04 09/01/05 (Ee accident) E11000,000 ALL OWNED AUTOS TAP9298956-04 (TX) 09/01/04 09/01/05 BODILY INJURY $ SCHEDULED AUTOS (Per person) X HI RED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Peraeddent) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EAACC S AUTO ONLY: AGO $ EXCESWUMBRELLA LIABILITY EACH OCCURRENCE $ 10,000,000 C X OCCUR ❑CLAIMS MADE BES683892 09/01/04 09/01/05 AGGREGATE $ 10,000,000 S DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND XTORY B ANY RLIMITS ER EMPLOYERS' ANY POPRIETOR/PARTNERIE%ECUTIVE WC2795955-06 D9/01/04/O4 O9/01/05 El EACH ACCIDENT $1,000,0100 OFFICERIMEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ 1,000,000 SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 OTHER D Excess Pollution PPLG21744293002 09/01/04 09/01/05 Ea Claim Claims Made Aggregate $10,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS *EXCEPT 10 DAY NOTICE OF CANCELLATION FOR NONPAYMENT OF PREMIUM. ALL POLICY TERMS, CONDITIONS, LIMITATIONS AND EXCLUSIONS APPLY. ***See attached Notepad for Description*** CERTIFICATE HOLDER CANCELLATION CITYSAN 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 50 SMALL Cindy Russell 32400 Paseo Adelanto IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 3240 San Juan Capistrano, CA 92675 REPRESENTATIVES. T�II R,IZe`DRE FP�t +SEITILjVE ACORD 25(2001/08) {�� /{ � 0 ACORD CORPORATION 19 The District, the Board of Directors of the District, the City, the City Council and each of their respective officers, officials, agents, volunteers and employees shall be Included as Additional Insureds as respects General Liability as required by written contract or agreement to the extent insurable as their interest may appear for liability arising out of the operations of the Named Insured. Waiver of Subrogation included as respects General Liability as required by contract. ACORD CERTIFICATE OF LIABILITY INSURANCE moPiD.T "'°`°"m XDL 1 oe iB 0, THS CERTIFICATE IS 18SUED ASA MATTER OF INFORMATION Arthur J. Gallagher 6 Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIRCATE Llceme 00726299 HOLDER THIS CERTIFICATE DOES NOT AMEND.EXTEND OR 503 R.Brand Blvd, Suite 600 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. GLundale CA 91209-3984 Phone: BIS-399-2300 7Q: 018-339-2301 INSURERS AFFORDING COVERAGE NAIC 0 rmw ruga" xMa6 BOD Capialram Valley Imc. ""G 32238 Paaw AdeLent., ate. D xuwo Baa awn Capiatram CA 92673 xwae COVERAGES TrF,QrS6 WIIWIQIa+mwwV NwEBNYNm+o+IFYb®WJF0xQ4 M+1E19Y.Y 14WmrQgTEn,RWnln+wLl0 µYNmIWR.+Fr1QIfaYfYNQMn CtlLWLr QQIB1mpnLm NmlwlllClf0mmlile fdnLWE WN'E YQDM WYRRMI.IIENWNQNiaQOf(TIE W"'a®G®161FM6{W6ITDIYTIETflx.QCllanML QILI1,Yl QwXN MI®.nYQFMiEIYRLNxN WY WM EaRBYI®mMDONb. rYHMM1IRW`L mICYYIw[II 1'LIIC eeeM Ymw�Tq awL ®YW{fY W,DRQYfNDE 1 CQ{IIQLLQIIML Wal1I aFwelb,m�m + .. -_. __.. DInWI WmE _❑.Omll. _ 1@WLMs,wrd L L wIMLYfi6,l[ E Q,n"o{u"wewwerreD rlo{nQa-armrmc E Lla0 lEQ ,YI+LpLUWY ce+eYmarQw MYmID IbntlYn) /ECCE+®MILD BL41waN + LOLDIEEDNRQ Tr,rwN Mm.WIQ wEYNY1M E Nw OrwAl[m Iwm Wnl aawnaWm { Drr,swnl 0,aZ+L1rlY E swsnD Q,xTxol awe L W+oQLY E atemw+aY. E amw ❑fvnW WQ wxiW+L L E®IarE E M+B[Ir + { irm[CQ[ra\iGY"i Z +alY+Wll{ P A + 1102793933-06 09ID1104 09/01/03 L 1,000,000 Qr+maELr"a+""Qa .Qwwou + 1,000,000 rrtnuaoaasrr rrnr. vQnT E 1,000,000 OWe raoermYoeaw,xr+mww+ew,m Imoeorsem assomswlrn+wY{aw{or -EXCEPT 10 DAY NOTICE Or CANCELLATION YOM NOIPAYIBYNT Of PRIMITO I. ALL POLICY 21FMB, COMDITIOM, LZMATIDB9 AND 1110=9X0110 APPLY. Evidence of Iumarance Coverage Only - License no. 921129 CERTIFICATE HOLDER CANCELLATION ��. wuorrwne"abwv:em+csraluowmxa"+rwuTo mn«mr.+wxwewuwwuemmY+o r{ 30" rerma C0[mractor,a state License mrsEmi+aLewc"rzrouar+wmrrurt.mrnvo[+Dmn{au board P.O. Bae 26000 a[mrur+wxurwrwr+rswYmrw[awrw{r Sacramento CA 95826 }XD1��ef"rzr S�gA.9t1Y..14VCI14fL. ACORD 25(2001118) C ACORO CORPORATION 1960 LOS nge es Fax Server Arthur J. Gallagher & Co. Insurance Brokers of California, Inc. a 505 North Brand Blvd.,Suite 600,Glendale,CA 91203-3944 Phow:(818)539-2300 Corporate Licaue: 0726293 Fan (818)539-2301 FAX COVE RSHEET DATE: Monday, February 07, 2005 3:24:04 PM PAGES: 03 TO: Teresa COMPANY: City of San Juan Capistrano FAX: 1-949-493-3955 PHONE: FROM: Kathleen Twedell, Senior Account Manager DIRECT FAX: 818.539.1716 PHONE: 818.539.1416 NOTE: RE: Eco Resources -San Juan Capistrano Teresa: Per your our conversation today,to follow is a copy of the certificate for the City of San Juan Capistrano. We previously sent this certificate an 11/18/04. Please let me know if there has Leen a change of address for the City of SJC or if any other changes are required. Thanks regards, Kathy Twedell AJG O K � � C J CONF_IDENTI_Ah_ITY NOTICE:_ The documents accompanying this telewpy transmission contains confidential information belonging to the sender which is privileged- This information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or taking of any action in reliance on this telempy is prohibited. If you have received this telecopy in error, please phone us at(818) 539-2300. Os Angeles ax berver /ra y ACORD, Mar► G IURANCE OP ID E DAM BIYmDrvrY7 ECOCA-1 11/18/04 PRODUCM N� CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Arthur J. T c ,V J, AND CONFERS NO RIG NTS UPON TME CERTIFICATE License I0; N \ y\U V MER.THIS CERTIFICATE DOES NOT AMEND EXTEND OR 505 N.Bran, ,�`� R THE COVERAGE AFFORDED BY THE POLCIES BELOW. Glendale CA Phone: 818-; �' RS AFFORDING COVERAGE NAICB INSURED / \ Granite State Insurance Ca $urlU Autlem IDENrmoa Co. ECO ,,// / Ra[l. mi. Ptn IDR OR of PA Sark! J�l /�\\ Illinois Union Ins Co COVERAGES THE POLICIES OF 1 ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REOJIREMRN RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THI CT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREI RM KM POLICY RAPMnON LTA NOR h i� l \ GATE YYNO/Y LIYRP GENEMU V� (�, EACH OCCURRENCE S1,D00,0 0 D A X X COMMS V� _N� 09/01/04 09/01/05 PREMISESEaom„moe S1,000,000 CLAIMS MADE 1XIOCCUR MEDE%P(AW/ Pe ) $ 5,000 X Li!lited Pollution PERSONASAOVINJURY $1,D00,000 % $1,000,000 $250,000 DEDUCTIBLE C£NERALAGGREGATE (2,000,000 GENY AGGREGATE LWITAPPUEO PER: PROOUOTS-COMPA)PAGG $2,000,000 Poucy FXI TMT Loc AUTOYORR.EUAEERY COMBINED 9 NGLE LIMIT $1,000,000 B X ANYAuro BAP9298955-04 (AOS) 09/01/04 09/01/05 IE°emdeR) ALL"NEDAUTOS TAP9298956-04 (TX) 09/01/04 09/01/05 BODILY INJURY $ 3GIEDULEDAUTOS (POT Penm7 X HIRED AUTOS BODILY INJURY S X NON.OWNEO AUTOS (Pe OoN&N)O) PROPERTY DAMAGE $ (Pa evldtM) GARAGE UABERY WTOONLY-EAACCDENT $ ANYAUTO OTHER THAN EAAACC $ AUTOONLY. AGO $ IXCEdet1MBRELU LIAOLIP/ EACN OCCURRENCE $10,000,000 C X OCCUR OCIAIMSMADE BES683892 09/01/04 09/01/05 AGrnecXTE $10,000,00D s OEDVCTIBLE S RETENTION S S WORERPCWPENMTIONAND X TDRYLIMITB I I ER EMPLB MY WC2795955-06 09/01/04 09/01/05 EL.EACHACCIDENT $ l,000,000 ANY PROPRIET ER EXCLUDED? OYYFFICERAMEMBER E%CW DEDi fL.OISFARE-EA EMPLOYEE $1,000,000 9PEGww A FROVISIOwbE E.L DISEASE-POLICY LIMIT $1,000,000 OTHER D Exceee Pollution PPLG21744293002 09/01/04 09/01/05 Ea Claim Claims Made I Aggregate $10,D00,000 DESCRIPTION OF OPEIRATIIXISI LOGnIXIf/KHIGIEOI IMCLUYGNSADDED BY ENDDRSCIIENT I SPECIAL PROM s *EXCEPT 10 DAY NOTICE OF CANCELLATION FOR NONPAYMENT OF PREMIUM. ALL POLICY TERMS, CONDITIONS, LIMITATIONS AND EXCLUSIONS APPLY. ***See attached Notepad for Description*** CERTIFICATE HOLDER CANCELLATION CITYSAN OMOLILO AYYM THX ABOVl OEOCRI6lD POLKlL6 BECANOlLLPD OEFORl THEEWIMTgN DATE THEREOF,THE IOWINO INWRER WILL ENDEAVOR TO MAa 30* DAYa WAmEN City of San Juan Capistrano NOTICE TOTHE CERTIFICATE HOLDER NAMED TOTNE LEFT,OUT FMLURETO 0040 SHALL Attn: Cindy Russell 32400 Paseo Adelanto YPOYNOOBLNSATION OR LIABa1TY OF MY VINO UPON THE INWRER,RSAUNTSQI San Juan Capietrano, CA 92675 RPREOENTATNEIL �yRQEDR EI�T VE ACORD 25)20DI108) �f,�y mACORD CORPORATIO%i9 ax berver The District, the Hoard of Directors of the District, the City, the City Council and each of their respective officers, officials, agents, volunteers and employees shall be Included as Additional Insureds as respects General Liability as required by written contract or agreement to the extent insurable as their interest may appear for liability arising out of the operations of the Named Insured. Waiver of Subrogation included no respects General Liability ad required by contract. Page 1 of 1 Maria Guevara From: Michelle Perea Sent: Thursday, February 03, 2005 4:41 PM To: Cindy Russell; Maria Guevara Subject: FW: ECO Resources FYI Mfchezz&perea. -----Original Message-----' From: Michelle Perea Sent: Thursday, February 03, 2005 4:33 PM To: Kathleen Springer Subject: ECO Resources Kathleen, Eric has not received the professional liability insurance from ECO yet , He has contacted them and I have contacted them regarding this . He wants to leave them on the NON-PAY. thanks, MGcheile-,perea. Administrative Assistant Publit Works Department Ext. 4315 2/3/2005 ' AJG - Los Angeles 2/7/2005 3:24 PAGE 002/003 Fax Server ACORD_ CERTIFICATE OF LIABILITY INSURANCE OC -1 B pATC 1 HCOCA 11 1/188104 04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Arthur J. Gallagher 6 Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License #0726293 HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR 505 N.Brand Blvd, Suite 600 ALTER THE COVERAGE AFFORDED BY THE POUCEIES BELOW. Glendale CA 91203-3944 Phone: 818-539-2300 Fax1818-539-2301 INSURERS AFFORDING COVERAGE NAIC9 INSURED INSURER& Granite State Insurance Cc INSURERS: {u[LU Lr[!em IDwrtRPoe Ce. BB8CGeeCapistrano Valley Inc. INSURER RLl1. lID1m PI[R IDL Co K PL 3�1Y34 PascoaAaelanttooaay Bta. D INSURER p: Illinois Union Ina Co San Juan Capistrano CA 92675 INSURER EI COVEMOES THE POLICES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM CR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS DF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED By PAR)CLANS. LTR NER TYPFd NWMNCE POLICY NUMBER PATE MMIDO MTF(MM LIN 5 OENIMLLAILITY RRENCE $1,DOD,000 A X x cDMMERonL CENERN.uAMury LX6343763-03 09/01/04 09/01/ $1,000,000 OLAIMSMADE ®OCCUR y me Poem) $ 5,00D 8 Limit ad Pollution AADVINJURY S1,000,D 0 0 K $1,000,000 $250,000 DEDUCTIBL GREGATE f2,000,D00 GENLAGGREGATE LNITAPPLIES PER: PRODUCTS AGO f 2,000,000 POLICY X PEON LOC AUTOMOMLELIASLITY NCL£UWT fl,DDD,OOD B X ANYAUTO BAP9296955-04 (ADS) 09/01/04 09/01/05 (Eeeolase) ALLONNEDAUTOS TAP9298956-04 (TX) 09/01/04 09/01/05 BODILY INJURY $ SCHEDULED ALTOS (PRPR m) X HNEDAUTOS SOOILYNJURY X NON-OWNED AUTOS (Pe enEeM) f PROPERTY DAMAGE 1 (PRa ) GARAGE LIABLT' AUTO ONLY-EAACCIDENT f ANY AUTO ` OTHER THAN EAAM f ALTO ONLY, ACo $ CWCBWMBRELu LIABILITY EACH OCCURRENCE 510,000,000 C 8 OCCUR F�cuDNs MADP 885683892 09/01/04 09/01/05 AGGREGATE f10,000,0DO s DEDUCTIBLE $ RETENTION f f WORNERBCOMPENNTIONAND X TORY LIMrtB ER EMPLIN RVLUBLRY B ANYPROPRIETORRARTNEWENECUTIVE WC2795955-06 09/01/04 09/01/05 C.L.EACHACODENT 31,000,000 CFFI CERMEMBEREXCWDED7 E.L.DISEASE.EA EMPLOYEE 31,DD 0,D0 0 II IIrrm,HaoleeeMT 3PECUL PRoYSONSM. ELDISEAW-POJCf UNT 11,DDG,000 OTHER D Excess Pollution PPLG21744293002 09/01/04 09/01/05 Be Claim Claims Made I Aggregate $10,D00,00D DESCRIPTION OF OPEMT10N41 LOMT MSI VENICLELJaCLUMMSAOOEC 0Y ENDMUMENT I SPECIAL PROASIONS -EXCEPT 10 DAY NOTICE OF CANCELLATION FOR NONPAYMENT OF PREMIUM. ALL POLICY TERMS, CONDITIONS, LIMITATIONS AND EXCLUSIONS APPLY. ---See attached Notepad for Description--- CERTIFICATE HOLDER CANCELLATION CITYSAN "Oo-D ANY OP TN[ALOVEpCacRmEO POLNOlRkCANClLIlD MEidIETNlW'MTNN MTETXlREOF.TNl INWIMDNMJRCRWNL ENCEAVORTOWL 30- MYBWRInv City of San Juan Capistrano NOTICETOTHE CERTIFICATE HOLDER NAMEDTO THE LEFT. UT FAILURE TO DO EO MULL Attn: Cindy Russell NPOUNODN.IWTMMUA""I MYNINDUPDVTNENWRER,IYiAMNTSM 32400 Pasco Adelanto San Juan Capistrano, CA 92675 REPREAVNTATNEE. T�li9-¢ED EBF F ACORD 25(20D1108) EYI7ML��/ C ACORD CORPORATION 19 l + ' AJG - Los Angeles 2/7/2005 3:24 PAGE 003/003 Fax Server The District, the Board of Directors of the District, the City, the City Council and each of their respective officers, officials, agents, volunteers and employees shall be Included as Additional Insureds a■ respects General Liability as required by written contract or agreement to the extent insurable as their interest may appear for liability arising out of the operations of the Named Insured. Waiver of Subrogation included as respects General Liability as required by contract. MARSH_ CERTIFICATE NSURANCE CERTIFICATE NUMBER ._, LOS-000371113-09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Marsh Risk& Insurance Services NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE 4695 MacArthur Court,Suite 700 POLICY.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE (949)399-5800 AFFORDED BY THE POLICIES DESCRIBED HEREIN. License#0437153 COMPANIES AFFORDING COVERAGE Newport Beach,CA 92660 COMPANY 20346-00-00- A Zurich-American Insurance Company INSURED 1, COMPANY ARB, Inc. B N/A 26000 Commercentre Drive - - Lake Forest,CA 92630 COMPANY C COMPANY D 'r. THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED 70 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS" CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE IMMIDD/YY) DATE(MM/DD/YY) GENERAL LIABILITY ' GENERAL AGGREGATE $ 4,000,000 A X COMMERCIAL GENERAL LIABILITY GLO3676089-03 02/28/05 02/28/06 PRODUCTS-COMP/OP AGG is 2,000,000 ,. 4 OCCUR PERSONAL&ADV INJURY $ 1.000,000 CLAIMS MADE 1 OWNER'S&CONTRACTOR'S PROT IIF EACH OCCURRENCE $ 1,000,000 X IPPr PLO'Rrt Aggregate FIRE DAMAGE Any one tire) $ N/A MED EXP OAny one rson $ N/A AUTOMOBILE LIABILITY I COMBINED SINGLE LIMIT $ 2,000,000 A X ANY AUTO BAP3676090-03 _ 02/28/05 02/28/06 ALL OWNED AUTOS — - ` \I �l t 11I I BODILY INJURY $ SCHEDULED AUTOS L I "' I (Per person) X HIRED AUTOS I �'-, — t 1 BODILY IWURV $ X NON-0WNED AUTOS - 15 ✓) (Per eccioeM) -- X Physical Damage – J X 2,500 Comp/Collision GARAGE LIABILITY - I�'I r.: .+I PROPERTY DAMAGE $ — „L. AUTO ONLY-EA ACCIDENT $ ANY AUTO pUBI.IC WW LOTHER THAN AUTO ONLY I W0 EACH ACCIDENT $ AGGREGATE $ MXA CESS LIABILITY I EACH OCCURRENCE $ 10,000,000 UMBRELLAFORM BE2681293 102/28/05 02/28/06 !AGGREGATE $ 10,000,000 OTHER THAN UMBRELLA FORM 1 $ A WORKERS COMPENSATION AND WC3676092-03 '02/28/05 02/28/06 X W TAD H _" EMPLOYERS'LIABILITY _- TORY LIMITS ER N "i SEL EACH ACCIDENT $ " 1,000,000 A THE PROPRIETOR/ _ PARTNERS/EXECUTIVE INCL EWS3676088-03 102/28/05 02/25/06 EL DI SEASE-POLICY LIMIT IS 1_000,000 OFFICERS ARE EXCL $20.000,000 CA WC Limit EL DISEASE EACH EMPLOYEEI Is 1,000,000 TH R III DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS City of San Juan Capistrano is named as additional insured as their interest may appear. A waiver of subrogation applies. GERT#FICA76'H01rORI a I :: ,. "CANGEW4IIOM . . _.� 1 .TII(. if SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL —p DAYS WRITTEN NOTICE TO THE City of San Juan Capistrano CERTIFICATE HOLDER NAMED HEREIN,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 32400 Paseo Adelanto San Juan Capistrano,CA 92675 LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE,ITS AGENTS OR REPRESENTATIVES,OR THE ISSUER OF THIS CERTIFICATE MARSH USA INC. y-/� BY: Stephen Flynn A&%1 _qPr MMt(3/02) VALID AS OF: 02/25/05 POLICY NUMBER: GLO 3676089-03 COMMERCIAL GENERAL LIABILITY CG 20 37 10 01 ARB, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Location And Description of Completed Operations: City of San Juan Capistrano is named as additional insured as their interest may appear. A waiver of subrogation applies. Additional Premium: Included (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II — Who Is An Insured 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" at the location designated and described in the schedule of this endorsement performed for that insured and included in the "products-completed operations hazard". CG 20 37 10 01 0 ISO Properties, Inc., 2000 Page 1 of 1 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 1010 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of San Juan Capistrano 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.) A. Section II — Who Is An Insured is amended to (1) All work, including materials, parts include as an insured the person or organization or equipment furnished in shown in the Schedule, but only with respect to connection with such work, on the liability arising out of your ongoing operations project (other than service, mainte- performed for that insured. nance or repairs) to be performed by B. With respect to the insurance afforded to these or on behalf of the additional in- additional insureds, the following exclusion is sured(s) at the site of the covered added: operations has been completed; or 2. Exclusions (2) That portion of "your work" out of which the injury or damage arises This insurance does not apply to 'bodily in- has been put to its intended use by jury" or "property damage" occurring after: any person or organization other than another contractor or subcon- tractor engaged in performing op- erations for a principal as a part of the same project. �C\ �L1A__/ 54A,4_) rV MA CG 20 10 10 01 0 ISO Properties, Inc., 2000 Page 1 of 1 ®ZURICH-AMERICAN INSURANCE GROUP LIABILITY INSURANCE COVERAGE CHANGE ENDORSEMENT Insurance for this coverage part provided by: Zurich American Insurance Company GL03673089-03 Insured Name: ARB,Inc. Endorsement#1 This endorsement changes the policy. Please read it carefully. AMENDMENT OF OTHER INSURANCE This endorsement modifies insurance provided by the following: Commercial General Liability Coverage Part Part 4. a. of Section IV-Commercial General Liability Conditions is deleted and replaced by the following: a. Primary Insurance With respect to any person or organization,other than the Named Insured,included as an Additional Insured by reason of contractual agreement,which requires the Named Insured to procure insurance for such person or organization on a primary basis,the insurance afforded by this policy shall apply as primary insurance . If that Additional Insured has other insurance which is also primary,then we will share all that other insurance by the method described in 4. c.below. With respect to any other person or organization qualifying as an additional insured other than such additional insured as indicated above,the insurance afforded by this policy shall apply as excess and not contribute with such other available insurance,whether such other insurance is primary,excess or otherwise. With respect to the Named Insured,the insurance afforded by this policy shall be in excess of and shall not contribute with any other available insurance,whether such insurance is primary,excess or otherwise. With respect to the Named Insured,the insurance afforded by this policy shall be primary,when no other insurance is available. U-GL,113-8 CW(04/89) 0 • POLICY NUMBER: GL03676089-03 Commercial General Liability ARB, Inc. CG 24 04 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY WAIVER OF TRANSFER RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name of Person or Organization: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 City of San Juan Capistrano is named as additional insured as their interest may appear. A waiver of subrogation applies. (If no entry appears above, information required to complete this endorsement will be shown in the declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 • WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 2/28/05 at 12:01 A.M. standard time, forms a part of (DATE) Policy No. EWS 3676088-03 Endorsement No. of the Zurich American Insurance Company (NAME OF INSURANCE COMPANY) issued to: ARB, Inc. Premium (if any)$ Included We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be NIL % of the California workers' compensation pre- mium otherwise due on such remuneration. Schedule Person or Organization City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Job Description City of San Juan Capistrano is named as additional insured as their interest may appear. A waiver of subrogation applies. ANY PERSON OR ORGANIZATION WHERE BY WRITTEN CONTRACT AND PRIOR TO LOSS HAS REQUIRED A WAIVER OF TRANSFER OF RIGHTS. WC 252(4-84) WC 04 03 06(Ed.4-84) Page 1 of 1 ADDITIONAL INSURED - DESIGNATED PERSONS OR ORGANIZATIONS Named Insured Endorsement Number ARB, INC. Policy Symbol Policy Number Policy Period Effective Date of Endorsement BAP 3676090-03 2/28/05 TO 2/28/06 2/28/05 Issued By(Name of Insurance Company) ZURICH AMERICAN INSURANCE COMPANY Insert the policy number. The remainder of the information Is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO POLICY TRUCKERS POLICY GARAGE POLICY Additional I ns ured(s): City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 RE: City of San Juan Capistrano is named as additional insured as their interest may appear. A waiver of subrogation applies. A. For a covered "auto,"Who Is Insured is changed to include as an "insured," the persons or organizations named in this endorsement. However,these persons or organizations are an "insured" only for"bodily injury' or"property damage" resulting from acts or omissions of: 1. You. 2. Any of your employees or agents. 3. Any person operating a covered "auto" with permission from You, any of your employees or agents. B. The persons or organization named in this endorsement are not liable for payment of your premium. 5 viten,atamvmyuMlWt�cartanacrimerm2rotallo-al tloc Waiver of Transfer of Rights of Recovery Against Others To Us Named Insured Endorsement Number ARB, INC. Policy Symbol Policy Number Policy Period Effective Date of Endorsement BAP 3676090-03 2/28/05 TO 2/28/06 2/28/05 Issued By(Name of Insurance Company) ZURICH AMERICAN INSURANCE COMPANY Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO POLICY TRUCKERS POLICY GARAGE POLICY Additional Insured(s): City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 RE: City of San Juan Capistrano is named as additional insured as their interest may appear. A waiver of subrogation applies. We Waive any right of recovery we may have against the designated person or organization shown in the schedule because of payments we make for injury or damage caused by an "accident'or"loss" resulting from the ownership, maintenance, or use of a covered "auto"for which a Waiver of Subrogation is required in conjunction with work performed by you for the designated person or organization. The waiver applies only to the designated person or organization shown in the schedule. $:WiB WaNVm�am W,� ft3chmenf2W,auloaiO 30-03 04:30pm From—SYUR 1 949 725 4100 T-303 P 001 F-072 STRAMING YOCCA CARLSON & RAUTH A PROFESSIONAL CORPORAL ION ATTORNEYS AT LAw FACSIMILE COVER SHEET 660 Newport Center Drive, Suite 1600 Telephone: (949) 125-4000 Newport Beach, CA 92660-6422 Fax: (949) 725-4100 Date: January 30, 2003 I TOTAL NUMi3ER OF PAGES INCLUDING THIS PAGE: 'gyp PLEASE DELIVER AS SOON AS POSSIBLE TO: RECIPIEfIT COMPANY FAx No_ PHONE No. CINDY RUSSELL City of San Juan 949-493-1053 949-443-6301 Capistrano From DENI$E E. HERING AT DIRHCT DIAL NUMHER (949)725-4165 Re: City of San Juan Capistrano Message: Please see attached documents, and thanks. Clienttlllarter No-: 22658-0017 Lf any of rhese pages is not legible or you do not receive all of the pages, please call (949) 725-4014. CONFIDENTIALITY NOTICE This message is intended only for the use of the individual or entity to which it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable law- If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication In error, please notify us immediately by telephone, and return the original message to us at the above address via the U-S. Postal Service. Thank you. Jan-30-03 04:3GPM From-SYM 1 949 725 4100 T-303 P 002/016 F-072 A '�3 1 JOHN M.PEHISICH,ESO. ARB,INC. GENERAL COUNSEL. 26000 COMMERCENTRE OR.,LANE FOREST,CA 92830 TEL 549 4547110 • FAX:949595-5544 January 8, 2003 Via Overnight Mail Ms,Denise Hering Stradling, Yocca, Carlson&Rauth 660 Newport Center Dr. Suite 1600 Newport Beach, CA 92660 Re: ARB, inc./ECO Resources Contract Dated December 8,2002 Payment and Performance Bonds Dear Ms. Hering: Enclosed are the original executed bonds and bond riders for the above-referenced contract. I have inserted the ECO/ARB contract date of December 8, 2002 in the bond form, as it has been blank until now. If you have:my questions,please do not hesitate to contact me. very truly yours, IG ohn .Perisich eral Counsel JMP;ja Enclosures Jan-30-03 04:31pm From-SYC&R 1 849 725 4100 T-303 P 003/010 F-072 lion NO. Premium: $85,800.00 FORM OF CONSTRUCTION PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that ARB, Inc., as Principal, and Liberty Mutual Insurance Company with underwriting office at 505 South Main Street, Suite 830, Orange, CA 92868, to which all communications in regard to this bond should be addressed, a corporation organized and existing under the laws of Massachusetts and duly authorized to do business in the State of California, as Surety, are held and firmly bound unto ECO Resources, Inc., as Obligee, in the penal sum of Sixteen Million Five Hundred Thousand and 00/100 Dollars (the `Bonded Sum"), for the payment which well and truly made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns, firmly by these presents. WHEREAS, the Principal has by the Agreement for the Construction of the San Juan Basin Desaller Project, dated 12 /08/02 , entered into a contract with the Obligee for the construction, of the San Juan Basin Desalter Project (the "Project") all in accordance with the terms of such contract, which contract is by reference made a part hereof, and is hereinafter referred to as the Construction Agreement; NOW, THEREFORE, the condition of this obligation is such that, if the Principal shall promptly and faithfully do and perform all of the Principal's obligations under the Construction Agreement through completion of construction then this obligation shall be nul I and void, otherwise it shall remain in full force and effect, it being expressly understood that the liability of the Surety for any and all claims hereunder shall in no event exceed the Bonded Sum. 1. Whenever the Principal shall be, and shall be declared by the Obligee to be, in default under the Construction Agreement, the Obligee having performed the Obligee's material obligations thereunder, the Surety shall promptly remedy the default whatever it may be or shall promptly: (a) Perform the Construction Agreement in accordance with all of its terms and conditions; or (b) Obtain bids for submission to the Obligee for performing the Construction Agreement in accordance with its terms and conditions, and upon mutual deterntination by the Obligee and the Surety of the lowest responsible bidder, arrange for a contract between such bidder and the Obligee and make available as work progresses (even though there will be a default or a succession of defaults under the contract or contracts for performance arranged under this paragraph) sufficient funds to pay the costs of performance of the Construction Agreement, less the unpaid balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable to Obligee hereunder, the amount set forth in the first paragraph hereof. 1�6191 Jan-30-03 04:31 pm From-PPR I 949 725 4100 T-303 P 004/016 F-071 Notwithstanding the Principal's obligations under any provisions of the Construction Agreement, it is understood that any payment made by the Surety in good faith under this bond shall reduce the penal sum by a like amount. The term "balance of the contract price" as used in this paragraph, shall mean the total amount due and payable by the Obligee to the Principal under the Construction Agreement and any amendments thereto, Iess the amount paid by the Obligee to the Principal in accordance with the terms of the Construction Agreement. 2. No alteration, modification or supplement to the terms of the Construction Agreement or any subcontracts or the nature of the work to be performed thereunder, including any extension of time for performance, shall in any way affect the obligations of the Surety under this bond. The Surety waives notice of any alteration, modification, supplement or extension of time. Signed and sealed this 3rd day of January, 2003 . IN PRESENCE OF: ARB, Inc. [Affix Corporate Seal of Principal] rN � - -- - John M. Perisich T' e: Vice President IN PRESENCE OF: Liberty Mutual Insurance Company [Affix Corporate Seal of Principal] r By: Name: nna J. Frowd Title: Attorney-in-fact Note: This bond must be acknowledged before notary publics and a legally sufficient power of attorney must be attached to the bond to verify the authority of any parry signing on behalf of the surety. 4146191 Jan-30-03 04:31 Pm From-SYM 1 949 725 4100 T-303 P 005/016 F-072 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT rl State of California 1 rl } ss. I County of Orange J � I On .IAN O S 2003 before me, Jacquelyn G. Anderson, Notary Publ Date Name and Me d 011icia 1c,,'Jaw Dim.Noury Pumn i personally appeared John M. PerisiChwet5l ®personally known to me O proved to me on the basis of satisfactory evidence i to be the -person(s) whose name(s) is/are -' subscribed to the within instrument and JACQUELYN G.ANDBWN acknowledged to me that he/she/they executed -� Commission#122512 the same in his/her/their authorized N WCq Public-COUG"1110 QungeCounty capacity(ies), and that by his/her/their -I W Comm f$wJun 18,2[= signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WI�TSS my hand andofftci 1 s al. I Place Nowry Seal nbom -Ianmu ry Pudic 'I , l OPTIO aL ,. Though the lntormabon below is not required by law,it may prow,valuahla to persons relying on the document --, and could prevent fraudulent removal and reattachment or this form to anomer document Description of Attached Document ,- Title or Type of Document' --i I Document Date: __ Number of Pages: -' , . Signer(s)Other Than Named Above' I I- I- Capacity(ies) Claimed by Signer Signer's Name' ❑ Individual ipp pt tnwmb here i ❑ Corporate Officer Yitte(s)' _ C-1 Partner—❑ Limited ❑ General (� C1 Attorney in Fact rry?S� ❑ Trustee h Q Guardian or Conservator 4 ❑ Other' Signer Is Representing= ry n� 0 X999 Na.anrrbuh esscaw-9]'A0.5e�ea.P.O.aur Nlll-ClW-nee,C'191]I]-i.@-ww�,M4en.Ireary rc0 PrVI l.e-$'JQJ .e.r1.11 Free l-OO .- W321 Jan-30-03 04:31 Pm From-SYCdR 1 949 725 4100 T-303 P 006/016 F-072 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT yY_,ca`•�c'�r<r..yy-rur%�-r:�_S,r:�r.�r�r%c"��"•�cry_r..c:ry;c+;rs.���'�.rs-rz�rircrcc.��.,rc,��.er.�::y��y1 State of Caldomia ss- Countyof Marin 2' Januaz 3 2x03 Melissa Hickson, Notary Public as On Y , hefore me, Z:I ouie �,rq nee of Onmr Uq..-JUR voe,Roomy PUOit') personally appeared y Donna J. Frowd Nam,R�el SiyRr�a Xpersonally known to me O proved to me on the basis of satisfactory •' evidence MELISSA HICKSON CMELI; iCnf1353B05 z to he the person(s) whose name(s) Is/are Notary Public-CRINOMte subscribed to the within instrument and -I Mann County acknowledged to me that he/shelthey executed My Canar-EqA %AVV,20a8 the same in his/her/their authorized ' i capacily(tes), and that by his/her/their signature(s)an the instrument the person(s), or the entity upon behalf of which the person(s) � acted, executed the Instrument GLS WITNESS my hand and olficial seal. YY s .1 N�� i OPTIONAL though the atlormetion be6m a not required by law,it may prove vdluRble to persons relying ee Mie document end court Prevent 't ' freuduiew removal and aultrachmenf of Oft tone to anothar documanf. Description of Attached Document Ytle or Type of Document; Document Date_ Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ' D Individual Top of It mh Corporate Officer—Title(s): -„ S ❑ Partner—❑Limited C7 General ❑ Attorney-in-FactI ❑ Trustees O Guardian or Conservator I ❑ Other:_ Signer Is Ffepresernmg= _ �rS i a 1938 NGIbININWq KsmfuOo-BJSOO[SOIo Af.,VO.Ba23n]-CImNOM GpUiS2,07-v-,i.lgppn�lnmaryo.0 amo.No.5007 Rwmr.CW 70-FAQs EOD-ncEN� Jan-30-03 04:32pm From-SYC&R 1 949 725 4100 'r-303 P 007/016 F-072 Pzemiuia: Included on PAYMENT BOND Perfomance Bond KNOW ALL MEN BY THESE PRESENTS, that ARB, Inc., as Principal, and Liberty Mutual Insurance Company with underwriting office at 505 South Main Street, Suite 830, Orange, CA 92868,to which all communications in regard to this bond should be addressed, a corporation organized and existing under the laws of the Massachusetts and duly authorized to do business in the State of California, as Surety, are held and firmly bound unto ECO Resources, Inc., as Obligee, for the use and benefit of claimants (as hereinafter defined), in the penal sum of Sixteen Million Five Hundred Thousand and 00/100 Dollars (the `Bonded Sum"), for the payment which well and truly made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns, firmly by these presents. WHEREAS, the Principal has by the Agreement for the Construction of the San Juan Basin Desalter Project, dated 12/os/o2 , entered into a contract with the Obligee for the construction of the San Juan Basin Desalter Project (the "Project"), all in accordance with the torms of such contract, which contract is by reference made a part hereof, and is hereinafter referred to as the Construction Agreement; NOW, THEREFORE, if Principal or any of its subcontractors, fails to pay for any materials, equipment, or other supplies, or for rental of same used in connection with the performance of work contracted to be performed under the Construction Agreement or for work or labor thereon of any kind or fails to pay any claimant amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant or for any amounts required to be deducted, withheld and paid to the Employment Development Department from the wages of employees of the Principal and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor and all other applicable laws of the state of California and rules and regulations of its agencies, then said Surety will pay for the same in an amount not exceeding the sum specified above. However, this obligation shall be subject to the following conditions- 1. A claimant is defined for purposes hereof as one having a direct contract with the Principal, or with a Subcontractor of the Principal for labor, materials, or both, used or reasonably required for use in the performance of the Construction Agreement and/or those persons defined in Section 3181 of the California Civil Code; labor and materials being construed also to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Construction Agreement. 2. The Principal and Surety hereby jointly and severally agree with the Obligee that every claimant as defined herein, who has not been paid in full before the expiration of a period of 90 days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such 41460 I dan-30-03 04:32pm From-SYC&R 1 949 725 4100 7-303 P 008/016 F-072 sum or sums as may be justly due claimant, and have execution thereon. The Obligee shall not be liable for the payment of any costs or expense of any such suit. 3. No suit or action shall be commenced hereunder by a claimant other than in a court of competent jurisdiction in the State of California or in the United States District Court for the Central District of California (Southern Division), and not elsewhere. 4. No alteration, modification or supplement to the terms of the Construction Agreement or any subcontracts or the nature of the work to be performed thereunder, including any extension of time for performance, shall in any way affect the obligations of the Surety under this bond. The Surety waives notice of any alteration, modification, supplement or extension of time_ 5. Upon request by any person or entity appearing to be a potential beneficiary of this bond, the Principal shall promptly furnish a copy of this bond or shall permit a copy to be made. 6. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against the Project, whether or not claim for the amount of such lien be presented under and against this bond. Signed and sealed this 3rd day of January, 2003. IN PRESENCE OF: ARB, In [Affix rporate Seal of Principal] B . Nam Jphn M. Perisich Ti � Vire I't-eaident iN PRESENCE OF: Liberty Mutual Insurance Company [Affix Corporate Seal of Principal] By: mNae: D na J Title: Attorney-in-fact Note: This bond must be acknowledged before notary publics, and a legally sufficient power of attorney must be attached to the bond to verify the authority of each party signing on behalf of the surety. .W19.l Jan-30-03 04:32pm From-SYUR 1 840 725 4100 T-303 P 006/016 F-072 Note: This bond must be acknowledged before notary publics, and a legally sufficient power of attorney must be attached to the bond to verify the authority of each party signing on behalf of the surety. u1Wl - Jan-30-03 04:33pm From-SYCO I 949 725 4100 T-303 P 010/016 F-072 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT rStat:cof California ss. ' County of Orange JAN 0 8 2003 On before me, Jacquelyn G. Anderson, Notary Pybl pale `� Name and Tlne of O ,l,le q..-Jane pet.Ngary FSIVc") f personally appeared John M. Perisich Namc(a)0$gnNtq 2 personally known to me Ll proved to me on the basis of satisfactory evidence AcQuELYN G./NIDER50N to be the person(s) whose name(s) is/are -' commission M 177A.rA1 subscribed to the within instrument and Nof ory Fabric-Colifania I -., z 0mirveCounty acknowledged to me that he/she/they executed MrCoftm.FXt*WjunI8.2 3 the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument_ I- NESS my hand and official seal_ , Ploy eoory$cal App.e / Slpna Ndary Putlle I I OPTIONAL Though the information below is not required by law it may prove valuable to persons relying on the document ,. and could prevent fraudulent rerrmovef and reattachment of tlss roan to another document Description of Attached Document Title or Type of Document: _ , Document Date:_. _ Number of Pages- _ Signer(s) Other Than Named Above:__ Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Tao or rcp,anb here O Corporate Officei —Title(s): ._. 0 Partner ❑Limited 0 General El Attorney in Fact O Trustee ❑ Guardian or Conservator ry ❑ Other Signer Is Representing- o naa w.wa,,.ap...veuim•nsa w soya w,,...Po ao.=we•aw:.ua.a491]13t102•www_nalp�lnmaryPg Prod we.SID? Aeo cep to•-r...,-eoo-mduxr -au-ua u4:33pm From-SYCO 1 949 725 4100 T-303 P 011/016 F-071 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT =cyY_': ,-rcttic%c:�ru I� �) State of California )ll 1 c❑linty❑f Marin � on Y 6eforeme, Melissa Hickson Notary Public ��.' Januar 3, 2003 _ X Dew Nvme Ke Title m Oppr(v.p„'Jone Doe.NNery Pey4Cj Personally appeared DOrind J. PrOWd ryymvwl Nb�pnetiN i 't'hh fSpersonalty known to me �i D proved to me on the basis of satisfactory evidence �+I MELISSANICK-SON tO be the person(s) whose name(s) is/are subscribed to the within instrument and ' Commis+ions ta5'SBoS z tNotary Public-Calttomie acknowledged to me that he/shehhey executed i the same in his/her/their authorized Mann county 6L4yCaffMEVMApr27.2D06 capacdy(ies), and that by his/heritheir x� signature(s) on the instrument the person(s),or 2' the entity upon behalf of which the person(s) acted,executed the instrument. WITNESS my hand an fficifll eel. Sweewro mNoiey eveAe � OPTIONAL I Though Me urlonaat(on bElow is nor reamed by law,it may prove valuable to POMOns relying on rhe ObCuMenr and c.Ldd prevent lraudufem removal and manwhment of tela ram to anoPW donurnenr r Description of Attached Document Title or Type of Document: N Document Date:, Number of Pages' i 5igner(s)Other Than Named Above: Capacity(ies) Claimed by Signer P' Signer's Name: ❑ Individual Top w mwnoe ❑ Corporate Officer—Title(s):�_ D Panner—D Limited ❑General 0 Attomey-in-Fact I ❑ Trustee D Guardian or Conservator ❑ Other: Signer Is Reprosenting 0 t9B9 NetwvNnINJ7A3tand('vv-93S'1f15aM AK.F0.6n zw=-Cnew.oM.ua�aia z�vz-.r...,..vmenm..,e.p r'..Nv.EWI �wdoe CM W,r,eo 1aaorrae627 Jan-30-03 04:33pm From-SYCH 1 949 T25 4100 T-303 P 012/016 F-072 THIS POWER OF ATTORNEY IS NOT VALID UNLESS 1715 PRINTED ON REU-t3Al.nunaiwr•.+- a_,vvi This Power of Attorney limits the act of those named herein, and they have no authority to bind the Company except In the manner and to the:extent herein stated. - LIBERBOSTON.,MASSACHCOMPANY MASSACHUSETTS POWER OF ATTORNEY KNOW.ALL PERSONS ELY•THESF PRESENTS: That�Llbell. , Mutual Insurance Company (the "Compd any' Massachusetts -mutual insurance company,;pursuant to and_:by authority of-ihB By-law and Aufhonzation:herematteCset forth, does hereby name, constitute and appoint. MICHAEL 13. MCGOWAN SUSAN J:MCGOWAN,,DONNA L-WELSH ..................... ;_DONNA J.FROWD, ALL OF THE CITY OF NOVATO;rSTATE OF CALIFORNIA ..-. .................. ...... .. -`.. . .. , _ , each.individually If them be more Ihanpne+tamed; its true and lawful attotey In-fact to make execute;ssal acknowledge and deliver,for and on as Behalf as sure and a6 its get an deadeax and all undertalanga,bondif,:recognlzan OOOAO•and er su?sry,0a h,�endsthein texehe��itaon of s enbondsot or ttyy ••••"'••""""' 'DOLLARs-(575-,000, »» - SEVENTY-FIVE--MICLK)N-AND-007100 - - r shall begs binding upon the:Company as it they had been duly signed by the president and attested by 7 . ondertakings, In pursuance Of these presents, - s _ the secretary of the Company In their own proper persons. - r r n 7 That tis poweris-made and executed pursuant to and by authority of to following By-law and Authorization: ¢- -. - - v AFTICLE XVI Execution of Contracts:Soctiom5_Surety Bonds and UfbdedgKings. - O-m - Any officer or other vff�dal of-the company.6uthoriied for that purpose in writing by the chairman or the pce5ldent,to act in and subject to of the such CN.«_ limitations as the Chairman-O[the:or esidenr may prescribe,'.shall appoint such attorneys-In fact,as-may be necessary os lzantes and other(surety company to make,.execute, seal.-acknowledge and-deliver as-surety:any and all`undertakings, bonds, gn O N: Obllgafions. Such attorneys-in-faQ;sublect to the limitations set forth in then respectjve powers of attorney.shall have full power to hind the UN bOmpdrry by their signature and execution of any such instruments and to attach thereto the seat-at the CpmPerry- When so executed such V d pt instmmerits-shall be as binding as it signed by the president attested 6y_te secretary. - T, Ore By the-following instrument the chairman or the president has authorcted:the officer or other official named thereinto appoint 0norneys-in-fact: C �, - - B, - authorli. d to appoint attrneys-In-tact _m D Pursuant to Article XVI, Section 5 dl the By-laws, Assistant Secretary Garnet W. Elliott is hereby - PP Q �,_ - eb may be necessary t0 act In behalf of the-company to make,_execute;seal,ackmowledge and deliver us surety any and all undertakings, W bonds,recognizances and other surety obligations• v - m rid w That ins By-law and the.Authorization.abave Set forth are true copies thereof and are now In full force and effect. O �- - _ IN WITNESS.WHEREOF, this instrument.has been subscribed-by_ar auttgrized officer a_nd te-corporate-5ea�a the saitl LibertyMutualInsurance -0 d-G-. Company lice beOn`affi,ted thomtgm Plymouth meeting.Pennsylvania this - 2nd_ day of—._ - Y 340E a O.y'' / - f LIBERTY MUTUAL INSURANCE COMPANY To 0 _ By dOarncl W..EIIIOtr.ASSlstart Secrerery CIS C E d---_COMMONWEALTH-OF PENNSYLVANIA - :ss - - - - -p COUNTY Or MONTGOMERY - - - - - - - - - - M V - A.0 _ C2. OL• before me a Notary.,Poellc, Personally came the individual,known to -I .0 'On-this - 2nd - day of• �----- ruaiompany y and he acknuwled- me lobe the dascobedtirKlb,�duualtand he Sealflr of lib riySaitlpmcedl!Ig insurance Is the Corporuate�maf o 5ak1 Company:and that said corporate �r « -god that he executed RNs safbe dtja,:- -- O-a- -Seal and his signatuW ar6�yedb lit e1f40�wa6 duly atfaed and Subscdeed'fo:the said msttiiment by Buthonty and,direu io9 a the said companywritten, r Z V _ - - - d year flint above written. i INTESTIMON EREOFy I'1t Wfinto set my hand and Of ail my otcrafsee!"at Plylnou Meeting,P the day an 'y t J _ Or _ t t >:�r - 'w�N ✓n _+ 1 NoW.x Pu^UC - -. ��i \wY� �� til �n-`—` `-f.�"HIti�(-7t1•F _ :., - 1,:the underaignees siant'Secmtary of Liberty Mutuar insurance.company do hereby wely that mOY Of which the tfie orlginathaptttte officer who executed to -foregoing is a full;true and.a3trd'ot copy..is'in full force and etteet'On_thF,dafe of.this.ceNficate;and.i do furs er certify said-power at attorney was one of the officers specially authorized by the chairman or the president to appOlnt any attorney-in-fact as provided in Article XVI,Section 5 of the By-laws of Liberty Mutat Insurance Company. This Certificatemaybe-signed-by facsimile under and-by authority of the following vote of the-board of directors of Liberty Mutual Insurance Cempany at a meeting duly cglled and held-on the 12th day of March,1990. unified VOTED copy of any power ofatto ney issued by the company.y shnature of all beavaid and bindinstant g ponthe the onmpanyhwit Vtheappearing forceupon and effect as though manually affixed - - - da of IN TES7(M DNY-WHEREOF I-.have hereon tio s,,PP scribed my name and atfixed.the corporate seal of the �ysaid company, this 3rd Y Januar➢ _ LOU - tam Secretary K ecr ��'�q .200_3 - 1 THIS POWER OF ATTORNEY MAY NOT of USED To EXECUTE ANY UOND WITH 4N INCEPTION DATE AFTER�— a au ua 04:34pm From-SPUR 1 949 725 4100 T-303 P 013/015 F-072 ��77b 405rbpr-41hR 8004W Pbmde,care^@•r A.IQ4UdIi14 4alARNleaMrtFli4 9 Ph.petal xf"m MWR APPING AMMONAL OBLIO@E Tito hoar b to be 4dlaf t1 sd m end turn■poll of carob bond Manber 2401 ,detsd am 3rd dayof January 2003 oeWyd by Lb" MuWnl IMuruue Canpmy. a moumbuntb mubal Ilwuferws company,as 84MIY MIROn bstgp M lnhvur4d ARB, Inc, opdaelpsl(ft'Pdnewn. FCO Resources, Inc. we obepea(me'obeaes . WIIEREA9,ebPnnd�ltmDywr7b.na¢reema»dal aar�$th._a yot Rrc�=�._,. 20w, entered i►r®@ mntlact(the'OonUact')rNW tlIe Obttpes far: San Juan Basin Desalter Project WHOPR?AS-upfel the ri9uot athe I'Malpoll end Oglpre,the aoeafea bmrd le hardy amended to ecld Capistrano Valley Water District and Amhac Assurance Corporatigr@eee sddMlena►aatlpee(yIe •Aegaio W Mae"to to bond,and the Oftoo end Adddonet Obllpee anal be last rod awaa beneMorlae of to bong eM Od be JW W MMMW to 48t o'bafd 061119W. PROVIDED, NOWINVER,More shall be no Il Wly of Me S4aety unfer 40 s►pldwd bats to the bond Obllw@a, dher JolrMy or awerolr.w Ilow and mg Itm Bond Ob%PM ef1e111 make prlymeet to No Prindpsl or to the-Wegr Iellmad thr aides MMnpr for at ulxlwUM the oomplatar Of the C-*94 upon the da(.ult of the Prlodpoe. etrlelyr to aaaardetlaP t.ttlt tfp tams of the cw*2 Y end otter www Mae*0 Wme orW Commons and pertome an d Cro other pDJI!>PtlPne!ti pe m rior s l coder We t7 kvw at tM Ilme end in Mls manner ffwlein ret forth:all of to ew Mons OtAaw pehy pbdbo upon IAP odrer, N no want rhell the 400248 Il*ft at the Swab to M Band OblbeefL either If**or essersey.awed IM peaor deWY,At eof erie sumVss owm.°:I&pp"mentt dus tto 4koV too ollhhor W may a wauls byfar it mirde its qui"Imuso a1 �m bofh. 71dRaI"VI&effo*"tfto 3rd ayof� January gD_ 3 — 7hn utterlted bona zhQ be eubj=to a0 of Its pyres,candltlane end liml JUM except as heron modified, IN WITNESS WHEREOF. eek Pdndpel,Sand,ObOper AW Add 2f*Obligee here aeueed Wee@ proeem ai PvQ41y&Wed oM waded pw 7th d y of January CD3 ARB, Inc. soap d*dfme r f0'l Oar. n Tift fiY +a""h ORM toAAer.l sue oeec f.eeeaeea M,,,004)01 a -vu ua 04:34pm From-SYLdR 1 949 725 4100 T-303 P 014ID16 F-072 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT reve _s'tate of California ounty of Orange On JAN 0 S 2003 before me, Jacquelyn G. Anderson, Notary T ubl Oab NeTe Yid T,Ne doxker(e.p„'Jmv Dap.NatLY WgrK'i personally appeared John M. Pefisich Namel=)a Sp�wl-) personally known to me ❑ proved to me on the basis of satisfactory evidence JAC(OUELYN G-ANDERSONto be the -person(s) whose name(s) istare Commission#177D59Z subscribed to the within instrument and } Notary Public-Callfgmip orange Count' acknowledged to me that helshelthey executed myComm.Fvresj n IM20M IL the same in his/her/their authorized capacity(tes), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. , WI ESS my hand and offici , seal. i Pled Noun�w eCO+c � • a Nelory wwk I- OPTIONAL Though the:ntormntion below is not required by law,it may prove valuable to persons relying on the document and could prevent baudidant removal and reattachment of this form!o another document. Description of Attached Document Title or Type of Document: , Document Date. Number of Pages: i Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: _-- O Individual Top or mvmo neva O Corporate Officer—Title(s); p Partner-0 Limited 0 General ❑ Attorney in Fact O Trustee Ll Guardian or Conservator Q Other.- Signer is Representing' {4t I a,9eJ Na,erW Mmarywa'ncxipn-IJSO Oa Salo w.e_Po uw zea;-W.a�r..O�v,z,a i+4-�wn.wmoan^0 emC rm-Mr Nrodlr 00 Me-F..10oa.erBsozr 4on-au-u3 04:34pm From-SYCO 1 940 715 4100 T-303 P 015/016 F-071 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �.1rsNogr.�c�r;-�rzr:-�*c�.�-r',�n':�t',cr,�c'.c5"Sr.,�^•-c"---��-:c��`"-�'cs-czr�r.�,-c�_r_:LYi„r�,r:�rcr.Crc�.-:".�ayr�clfkkUf�Yii� state of California F1 ss, hi Marin County of On Januar 7 2003 Melissa Hickson, Notary Pablic Y before me, Oab Name aMTNa al DOa,(n.9.,•,4n,Da.salary P,axc) personally appeared Donna J. Prowd a.,.nata)d 59-*) Lflpersonally known to me a fJ proved to me on the basis of satisfactory ' y". evidence MELISSPMICKSOM ' fy� rAmmilw{on 0 t35• `' : to be the person(s) whose name(s) islare Nd4iry Public-Glilomie fsubscribed to the within instrument and Mudd Courtly acknowledged to me that he/she/they executed Mf'Contin wry Apr V. the same in his/her/their authorized � �(a capecity(ies), and that by his/her/their signature(s) on the instrument the person(s),or the entity upon behalf of which the person(s) tti3 acted, executed the instrument. q, i� 2{�? W/I�TN(JES�S my hand and offs al sea}- ,I ��J2n� •I 2,' Siguw�a N Wry PrWc 1 OPTIONAL Though the Intaonaaan belnw,anal required bylaw.it may prove valoabtc lopem"relying on ma do[oment and e0U1d prevent ' baudulent removal and reattachment or this form to another document IySla' Description of Attached Document Title or Type of Document Document Date; Number of Pages: `? "1 Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer I Signer's Name:., - � - 1 Individual rw mn.,nw here ❑ Corporate Officer—Title(s): ' El Partner—❑Limited b General ' Attomey-fn-Face i E] Trustee O Guardian or Conservator E) Other: Signer Is Representing; r-zvc;:.xi,'ri�c•�s•. O rosB Naao„e ayaryaawamm-eaL•ba Sam ave.PO 9oa blpZ Cllea..eM.Ca p�aiatnae•-.wn.e,rrre..ra,e t cr N.5901 RNW.Gall TW..1.4o 876an7 Jan-30-03 04:35pm From-SYCO 1 949 725 4100 T-303 P 018/016 F-072 ~�~ —~' IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUNO- Tftls POWER OF ATTORNEY an except in the This Power f Attorney orneey liMits herein a act f those named herein, and they have no authority to bind the Company manner and _ - - - - - ' - - L19ERBOSMOTU_fONAMASSACHUSETTS L INSURANCE PANT POWER OF ATTORNEY a Massachusetts Mutual Insure nce CpmAaaY (Ihe Company"), name, ursuant to and�bY authority of.the:By-law and-P° Onzatlon.herelrtaftBr set forth, does hereby KNOW ALL PERSONS BY.THESE.PRESENTS: That 4ibel'tY _pONpjp{�_WELSH,-DONNA J.FROWD,ALL mutual insurance company, p $USAN J MGGOWAN --••-- cbnstltute and appoint, MICHAEL B.pgCCxQV11lW' ....... OF THE CITY OF NOVATO;STATE fpFCALIFORNIA _ M .................. .- .._.. ........................... _r.. ' - - ------ k-- exeGrl6;seal ackn4`wicdge nd dellver,tar arid on its - In fact to rria ,al;: ons In the penal sum not exceeding ...» ale named.Its kue end.l0wful dtt9 f+iaY lzance5;end other Gf - . 'each mdivldually N there be more than- a' and all undortakfngs bonds uance0-� ) each and the exeCand att Ste by i �....+�«�«m.•�"� DOLLARS ($N5,000,00 - behatt as surer and as its Oct and dead; Y shall be as bI^ding-uPon the Company as if they had been duly signed by th0 president SEVENTY-FItYE-IYIILLION-AND 0017b8, ter-- - undanalongs,-in pursuance of these presonts. _ of the GomcetrY in their own Proper Persons. _- the Secretary - uthorl of the following By-Ww antlAuthodiatlon' m_ - That this power is made and executed pursuant to.antl by authority ry - - resident, and-Sub)eCI to Such p . _ rtakings the chairman or.the P I,Oct in behalf of rho aVihorized for that purpose In writing by be necessary m ARTICLE XVI•E%ecutlOP_of GontrarAs section 5.Surety f onsn a a Unna such attorneys-m-tact.-as may RizenCBS.and other surety x.a Any 01 ieer or other oNiciat.oi-the est t may prescribe, - - Peet an and all hor+ds,_recog r active powers of anomey,-shall have full power to hind the m -:Iimltatlbfis as the Chairman or tti0.p, n -When so executed such «�• - company to-make, execute,_5981,, sublectlto tReudga -lmitatioosrseT iq ntherresp C G - msfrements and m attach th0reto the seat o1 the-obmpa Y D N Obll efforts Such attorneys-In-lact• tion-of any such the-secrutary - d co parry by:their Signature and;exeCu - resident and attested by int attorneys-in-fact y - in5th+ment6 shalt be as binding as If signed by the p _ s-in-tact = - - oim Such attorney Garnet W- Fllipn is hereby authorized to app any.end all undertakings. t 0 7 fly the T011owing instrument the chairman orthe.Pre As has tSecr ary Garnet W other is he named therein o Section 5 at,tha By seal. acknowledge and deliver assureH m>_ Pursuant to Article-Xtll,:Se as may be necessary to act m 'half of'he --any to-make.execute, - m T ponds;recognizance$and other suretyobligations_ _ - _effect- 7-.13 _ - `.:m_ That the _ - its authorized officer and She corporate-Seal of the Said Liharry--Mutda2iHll Insurance C'� lawandthe-Authorizalbn above Sot forth are true copies thereof and are now in lull force an e m this instfUmont has been 6ubscrlhad by 2 d day of � � IN-WITNESS-WHEREQF outh Meeting.Penesylvaniathis�-L--- y O: Cqmparyr has been attlxed�0QIn Plym -60- - - ' h LIBERTY INSURANCE COMPANY q� J 'Am R .L d Y Gamer W Elliott.Assistant Socrelary - - O.0 $s `£ COMMONWEALTH OE PENNSYLVANIA _ - p w COUNTY OFMON7GOMHRY - A 0 200'1 - before me, a NotaryPublic, personally CaRte the individual, known to Ma who execltted the'preceding Instrument• and he acknowled- b,u -- on this 2nd day of-� - tot 9ald CP(RPaRY:and that said Corporate me to-ba-the ttiereln oe5 'dual and.officer of Liberty Murualfaoed B bsVAum uit 1 the core I . st3 y m t the seal afflxetl to�i a said Plbatl Nihe sa d insirlK^ent by authpriry and tlI edlen of the said Company. ? -gad that he executed the sarin-9 .lhs� „ia$daly affixed and suffsCT - ear first above written, seal and hissignatufe4ub�t4!11 rb Meeting .PA•.the da a Z q- -- ?o e m hand Snd'lffbr my ottic, .-al_at Plymaull - - IN 7ESTIMON �EREOF,1'rn@r�p i t Y CT - _ - �� N^id(Y Rubllc ' - that"tfit:-OrlglmO.power of attorney Of which tr r EyY,tgt7etgry A(LlbeRy Muluaf IRwranctlGompany;-do h0reby cedlhy that the office!who executed it I,the urldersl9ned+t��1 cerlrii�iitel- and 1'do further CbrtBY - omt:any attorneyin-fact as provided in AAc --foregoing-is a.full,true-and cif as copy.is-In:lull fame and etteel on-the dale of an or thopresi -said regoi wnr of aft)May was one Of rhe offlCars:specially authorized by the chairman or the president to app Mutual Insuran XVI,Section 5 of the By-laws of Litany Mutual Insurance Company. This certificate may be sigrned by facsimile under and by:authority of the:following.Vote of the-board of direclOrs of Liberty - J980. appearing upon a cenif, Company at-a meeting duly Called and heltl:on the 12th day of March, - - - Of the company wherever apps _ shall be Assist and binding upon th0 company with the same force and effect VOTED that the facsimile cx mechanically reproduced smilanre h any assistant secretary ropy of any power of attorney issued by the cocompenY. - - 7th da. -though manually altured. - - - -m d a - an this - Bribed -name anHlx d the seal of the said company, IN.TESYN.OL aTyHEraEOF, -I.aY9 hereUntg�i s . . Y Secretary PTION GATE AFTER THIS POWEROF:ATTORNEY MAY NOT.BE USED TO EXECUTE ANY DONE)WITH AN INCE M�IL� zA� - CITY OF SAN JUAN CAPISTRANO INTER-DEPARTMENT MEMORANDUM TO: John R. Shaw FROM: �1 Lo DEPT: City Attorney DEPT: C SUBJECT: Document Review DATE: ]I pa C 3 PHONE EXT. NOTE: IF THIS IS A "RUSH" ITEM, PLEASE COMPLETE IN RED INK ATTACHED ARE THE FOLLOWING (please describe document, i.e., agreement, contract, consultant agreement): Eco Pesa o6scct round ove.ry bn-0 Vitas a aonirao_+ \Nij-h MNI). -The Tnstannre oe__6 {wnr e 1 ►s +hP C���r�ov (1) For your approval and signature [ ] (2) For your review and comments [ (3) For your information [ ] (4) As requested [ ] (5) [ ] PLEASE (A) Keep for your files [ ] (B) When Completed Return To: [)Q Dck Lbrl Ext. 10 [ ] (C) Date/Time Needed CITY ATTORNEY'S COMMENTS: e wad er is+rlof a L Qp r1 ease holder- 3u� narn�s +fi e 0.66 and vio -er b is+r t a+ as a.d d t+t6 nab kY1(,z:,llrMS . S' S --hIS Off, mr \qnt,dd ih�e. v0aer dCS; r10 also be n6d ed _(�jS )OniAer• _h4ANL hoJ lyn -o-RD- CERTIFICATE OF LIABILITY INSURANCEOUTHil CP ID DATE(MM/DDIYY) 01/07/03 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Arthur J: Gallagher & Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE LiCense #0726293 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 505 N.Brand Blvd, Suite 600 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Glendale CA 91203-3944 Phone: 818-539-2300 Fax:818-539-2301 INSURERS AFFORDING COVERAGE INSURED INSURER A: Granite State Insurance CO INSURER B: Zurich Insurance Company ECO Resources Inc. f INSURER C: Natl. Union Fire Ins Cc of PA 225 N. Barranca Ave., Ste. 200 r'� INSURER D: Zurich American Insurance Co. West Covina CA 91791 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. TM E POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE MM/DD/YY DATE (MM/DQ/YY)— LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY LX6343763-01 09/01/02 - 09/01/03 FIRE DAMAGE(My one fire) $ 1,000,000 CLAIMS MADE 7XIOCCUR ��� ED EXP(Any one person) $ 5,00042 X Pollution Liab. $1,000,000 LIMIT �-'-��-��� - PERSONALBADV INJURY $ 1,000,000 X PL-CLAIMS MADE $250,000 DEDUCTIBLE GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGO $2,000,000 POLICYX PRO- JECT 71 LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT e X ANY AUTO BAP9298955-02 (AOS) 09/01/02;' 09/01/03 (Eaaocldem) $ 1,000,000 ALL OWNED AUTOS TAP9298956-02 (TX) 09/01/02 09/01/03 BODILY INJURY SCHEDULEDAUTOS (Perpereon) $ X HIREDAUTOS BODILY INJURY $ X NON-OWNED AUTOS (Peraccideni) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ 10,000,000 C X OCCUR CLAIMS MADE BE1399640 09/01/02 09/01/03 AGGREGATE $ 10,000,000 DEDUCTIBLE S RETENTION $ $ WORKERS COMPENSATION AND X TOfiY LIMITS ER D EMPLOYERS'LIABILITY WC27959SS-04 09/01/02 09/01/03- EACH ACCIDENT S1,000,000 E.L.DIS SE-EA EMPLOYEE $ 1,000,000 E.L.DISEA -POLICY LIMIT $ 1,000,000 OTHER D Professional EOC 3765163 02 11/08/02 11/08/03 Ll $2,000,000 Liability DESCRIPTION OF OPERATIONSr1.00ATION$IVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS *l0 DAY NOTICE OF CANCELLATION FOR NONPAYMENT OF PREMIUM. ALL POLICY TERMS, - CONDITIONS, LIMITATIONS AND EXCLUSIONS APPLY. �' r ***Description per attached NOTEPAD Addendum*** - ) 8 2003 CERTIFICATE HOLDER Y I ADDITIONAL INSURED;INSURER LETTER: A CANCELLATION CITYOFS 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 Attn: Cindy Russell IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 32400 Paseo Adelanto San Juan Capistrano CA 92675 REPRESENTATIVES. 12ED ENTATIVE ACORD 25-S(7/97) CACORD CORPORATION 1980 HOLDER CODE CITYOFS SOU PAGE 2 NOTEPAD: NSURED'SNAME ECO Resources Inc. OP IDTTHI DATE 01/07/03 The District, the Board of Directors of the District, the City, the City Council and each of their respective officers, officials, agents, volunteers and employees shall be identified as Additional Insureds as their interests may appear as respects General Liability per endorsement CG2026 (11/85) attached. The same applies to Waiver of Subrogation. as respects General Liability per endorsement CG2404 (10/93) attached. * The Deductibles under all policies do not apply to the Additional Insureds * The Medical Expense Limit under General Liability is without regard to legal liability. Any claim in excess of $5,000 automatically transfers to the "Bodily Injury" limit of $1,000,000 ✓ * The Certificate Holder named as an Additional Insured has been endorsed to ECO Resources, Inc. Is "Southwest Water Company" General Liability ✓ policy * Disregard standard form disclaimer language indicating "for informational purposes only" POLICY NUMBER: LXD6343763-01 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. ADDITIONAL INSURED--DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: The District,the Board of Directors of the District,the City,the City Council and each of their respective officers,officials,agents, volunteers and employees (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 as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. CG 20 26 1185 Copyright,Insurance Services Office,Inc., 1984 POLICY NUMBER: LX6343763-01 COMMERCIAL GENERAL LIABILITY CG 24 04 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: The District,the Board of Directors of the District,the City,the City Council and each of their respective officers,officials,agents, volunteers and employees (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. ) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard" . This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 Copyright, Insurance Services Office, Inc. , 1992 �wOgD CERTIFICATE OF LIABILITY INSURANCE UP ID D DATE(MIA /YY SCOCA-1 07/29/04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Arthur J. Gallagher & Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License #0726293 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 505 N.Brand Blvd/ Suite 600 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Glendale CA 91203-3944 Phone: 818-539-2300 Fax:818-539-2301 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER Granite State Insurance Co INSURERS: Zurich American Insurance co. ECO Capistrano Valley Inc. INSURER C: Hac.I. union Fire Ina cc of PA 32234 eat Water Company 32234 Paseo Astrano Ste. D INSURER D' San Juan Capistrano CP. 92675 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. %wwL POLICY EFFECTIVE PLILIUYLTR NSR TYPE OF INSURANCE POLICYNUMBER DATE MMVD DATE MM/ NT LIMITS GENERAL UABILTTY EACH OCCURRENCE $ 1,000,000 _UAMXTORIN A X X COMMERCIAL GFNERAL LIABILITY LX6343763-03 09/01/04 09/01/05 PREMISES(Eaomurence) $ 1,000,000 CLAIMS MADE OCCUR MED EXP(Anyone person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGE $2,000,000 POLICY X PRO- POLICY LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000000 B X ANY AUTO BAP9298955-04 (AOS) 09/01/04 09/01/05 , (Ea accident) ALL OWNED AUTOS TAP9298956-04 (TX) 09/01/04 09/01/05 BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) .- GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ MY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGO $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 10,000,000 C X OCCUR EJ CLAIMS MADE BES683892 09/01/04 09/01/05 AGGREGATE $ 10,000,000 DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND X TORY LIMITS ER B EMPLOYERS'LMBILITY WC2795955-06 09/01/04 09/01/05 E.L.EACH ACCIDENT $ 1,000,000 ANY PROPRIETORIPARTNEWEXECUTIVE OFFICERIMEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEq $ 1,000,000 If yes,describe antler SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 OTHER D Professional Liab SOC 3765163-03 11/08/03 11/08/04 Limit: $2,000,000 Claims Made Ded: $50,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS *EXCEPT 10 DAY NOTICE OF CANCELLATION FOR NONPAYMENT OF PREMIUM. ALL rP_DFexCY TERMS, CONDITIONS, LIMITATIONS AND EXCLUSIONS APPLY. � . ***See attached Notepad for Description*** I; , CERTIFICATE HOLDER CANCELLATION CITYSAN SHOULD ANY OF THE ABOVE DESCRIBEI POLICIES BE CANCEuXP BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER YDRTO MAIL 3O* DAYS WRITTEN' City of San Juan Capistrano NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Attn: Cindy Russell IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 32400 Paseo Adelanto San Juan Capistrano, CA 92675 REPRESENTATIVES. T1 RIZ�EREPRE� FIS TA71VE ACORD 25(2001/08) 1 ,�,� 0 ACORD CORPORATION 1988 The District, the Board of Directors -of. the District, the City, the City Council and each of their respective officers, officials, agents, volunteers and employees shall be Included as Additional Insureds as respects General Liability as required by written contract or agreement to the extent insurable as their interest may appear for liability arising out of the operations of the Named Insured. Waiver of Subrogation included as respects General Liability as required by contract. IRNI MALCOLM PIRNIE, INC. December 13, 2002 INDEPENDENT ENVIRONMENTAL ENGINEERS,SCIENTISTS d CONSULTANTS Mr. Chris Costello Construction Manager ECO Capistrano Valley, Inc. 3224 Paseo Adelanto— Suite D San Juan Capistrano, CA 92675 Re: Capistrano Valley Water District San Juan Basin Desalter Project Dear Mr. Costello: Presently the closing of the Project's Development Period and the beginning of the Project's Construction Period is scheduled for January 8, 2003. The Service Agreement identifies the obligations that must be accomplished prior to that date. At this time there are several obligations or issues that require resolution prior to January 8, 2003. These include the following: 1. CONSTRUCTION PERIOD INSURANCE: (Section 4.2.(A).(14)) The current insurance certificate that has been submitted to the City of San Juan Capistrano (City) does not meet the requirements of the Service Agreement. The following corrections/changes are required to be submitted prior to January 8, 2003. (Append 11-Part2}: A. ECO Resources, Inc. as signatory to the Service Agreement shall be identified as the Insured. B. The District, the Board of Directors of the District, the City, the City Council and each of their respective officers, officials, agents, volunteers and employees shall `V be identified as Additional Insureds as required by Appendix 11-Part 2 of the Service Agreement. C. The Additional Insureds shall not be subject to the $250,000.00 DEDUCTIBLE currently shown in the insurance certificate. The revised certificate shall clearly state that any deductibles identified in the certificate shall not apply to the Additional Insureds. D. The Medical Expenses shall be increased from $5,000.00 to $10,000.00 as required by the Service Agreement. E. The Profession Liability shall be increased from $1,000,000.00 to $2,000,000.00 as required by the Service Agreement. F. The ENDORSEMENT shall identify the Additional Insureds with wording from g / the Service Contract in lieu of "the person or organization" as presently written �( into the endorsement. G. The WAIVER shall identify the Additional Insureds with wording from the J Service Contract in lieu of"person or organization" as presently written. 1 of 2 DEC' 1 A 84137LOR VIXN,BUREN STREET SUITE 400 PHOENIX, AZ 85008-6945 602-241-1770 fax 602-231-0131 htlp 11www.pirnie cam UC RECYCLEn PAPER MALCOLM PIRNIE 2. PERFORMANCE BOND and PAYMENT BOND: (Section 4.2.(A).(13)) These bonds are required to be provided prior to January 8, 2003. (Section 4.5.(A)(I)I, If the bonds have been submitted to the City of San Juan Capistrano, please provide Malcolm Pirnie a copy of the bonds and a copy of their transmittal document to the City. If the bonds have not been submitted, please provide the delivery date of the bonds to the City. 3. DEMOLITION DRAWING/PLAN: (Construction Governmental Approvals Generally Section 4.2.(A)(2))& Append 6.2} This plan requires approval from the City's Development Services Manager. The following documentation is required to be submitted before the City will issue their approval of the demolition plan: A. Drawing showing with description of items and/or material to be removed from site B. Documentation of Utility Service Disconnects C. Asbestos Abatement Plan: As we discussed today the Orange Co. Headstart Program will be making the appropriate notifications, please formally submit an asbestos abatement plan and cost for the removal and proper disposal of the asbestos discovered in the existing Headstart trailers, as soon as possible. Our Haz Mat staff person will be in contact with Orange Co. Headstart. D. City approval of the Demolition Drawing/Plan is required prior to January 8, 2003. (Section 4.5.(A)(1)) 4. EROSION CONTROL PLAN: (Construction Governmental Approvals Generally Section 4.2.(A)(2)) This plan requires approval from the City's Development Services Manager prior to January 8, 2003. (Section 4.5.(A)(1)} The plan has been submitted to and approved by the City of San Juan Capistrano, please provide Malcolm Pirnie a copy of the approval. If you have any questions, please contact us. Very truly yours, MALCOLM PIRNIE, INC. Barry C. Redeker Sr. Project Engineer C. Amy Amirani, CSJC Cynthia Russell, CSJC Dan McFarland, CSJC Dick Pascucci, MPI Kyle Rhorer, MPI 2of2 RECYCLED PAPER ACORD CERTIFICATE OF LIABILITY INSURANCq GP ID T DATE(MWDD(YY) OUTH11 1 12/03/02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Arthur J. Gallagher & Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License #0726293 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 505 N.Brand Blvd, Suite 600 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Glendale CA 91203-3944 Phone: 818-539-2300 Fax:818-539-2301 INSURERS AFFORDING COVERAGE INSURED INSURER A: Granite State Insurance CO INSURER B: Zurich Insurance Company Southwest Water Company INSURER C: Natl. union Fire Ins Cc of PA 225 N. Barranca Ave., Ste. 200INS D: Zurich American Insurance Co. West Covina CA 91791 NSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANV CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED By PAID CLAIMS. LTR TYPE OF INSURANCE POLICY NUMBER DATE MMIDDIY DATE(NIMMOrm LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY LX6343763-01 09/01/02 09/01/03 FIRE DAMAGE(My one fine) $1,000,000 CLAIMS MADE 4 OCCUR MED EXP(Any one person) $ 51000 X Pollution Liab. $1,000,000 LIMIT PERSONAL&ADV INJURY $1,000,000 X PL-CLAIMS MADE $250,000 DEDUCTIBLE GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $ 2,000,000 POLICY FX7 PROLOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT B X ANY AUTO BAP9298955-02 (AOS) 09/01/02 09/01/03 (Ea accident) $ 1,000,000 ALL OWNED AUTOS TAP9298956-02 (TX) 09/01/02 09/01/03 BODILY INJURY $ SCHEDULED AUTOS (Per Person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGO $ EXCESS LIABILITY EACH OCCURRENCE $10,000,000 C X OCCUR ECLAIMSMADE BE1399640 09/01/02 09/01/03 AGGREGATE $ 10,000,000 DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND X I TORY LIMITS ER D EMPLOYERS'LIABILITY WC2795955-04 09/01/02 09/01/03 E.L.EACH ACCIDENT $ 1,000,000 E.L.DISEASE-EA EMPLOYEE $ 1,00 0,000 E.L.DISEASE-POLICY LIMIT $ 1,000,000 OTHER D Professional EOC 3765163 02 11/08/02 11/08/03 Limit $1,000,000 Liability DESCRIPTION OF OPERATIONSILOCATIONSrVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS The City of San Juan Capistrano, etal, its directors, officers, officials, agents, volunteers and employees are named as additional insureds as respects General Liability per blanket endorsement CG2026 (11/85) attached. Waiver of Subrogation as respects General Liability per blanket endorsement CG2404 (10/93) attached. CERTIFICATE HOLDER N I ADDITIONAL INSURED;INSURER LETTER: CANCELLATION CITYOFS 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 Attn: Cindy Russell IMPOSE NO OBLIGATION GR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 32400 Paseo Adelanto San Juan Capistrano CA 92675 REPRESENTATIVES. IZED ENTATIVE ACORD 25-S(7/97) CACORD CORPORATION 1988 HOLDER CODE NOTEPAD. NSUREfl SNAME South est Water Company PIIDDTTHI DATE 12/03/02 Subject to policy terms, conditions, limitations and exclusions. *10 Day notice for non-payment of premium. POLICY NUMBER: IILX6343763-01 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: Blanket (If no entry appears above,information required to complete this endorsement will be shown in the Declarations as appli- cable to this endorsement.) WHO IS AN INSURED (Section II)is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. CG 20 26 1185 Copyright,Insurance Services Office, Inc., 1984 Page 1 of 1 0 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY #LX6343763-01 CG 24 04 10 93 t THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Blanket (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as appli- cable to this endorsement) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition(Section IV—COMMERCIAL GENERAL LIABILITY CONDITIONS)is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work"done under a contract with that person or organization and included in the"products-completed operations hazard". This waiver applies only to the person of organization shown in the Schedule above. CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 0 MEMORANDUM TO: Cindy Russell, Administrative Services Director Amy Amirani, Public Works Director FROM: Dawn Schanderl, Deputy City Clerk DATE: December 5, 2002 SUBJECT: Status Eco Insurance Requirements I receved a certifcate and endorsements from Southwest Water Company late yesterday afternnoon. CERTIFICATE (attached) 1. This certifcate no longer has Eco listed as a named insured. ADD 2. Medical Exp limit still at 5,000 INCREASE OF $10,000 3. CVWD is still not added as certificate holder. ADD ENDORSEMENTS (attached) 1. For CG 20 26 11 85 is a pretty general cover all endorsement BUT I have a problem with the entire additional insured verbage not showing up as required by Contract. 2. The second endorsement "waiver of transfer of rights of recovery against others to us"- Is this a requirement? If yes, I feel the additional insured verbage per contract should be added. DEC-04-2002 11:29 ARTHUR T. GALLAGHER 8 CO. BIB 3409286 P.O?/05 ACOM CERTIFICATE OF LIABILITY INSURANCF, OP ID TE ODTHll 12/03/02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Arthur J. Gallagher & Comany ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License $0726293 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 505 N.Brand Blvd, Suite 600 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Glendale CAL 91203-3944 Phones 818-539-2300 Taxs 818-539-2301 INSURERS AFFORDING COVERAGE INSURED '1� 1.�Q 1(^/ INSURER A._ Granite State Insurance Co IA�D'b INSURER B. Zurich Insurance C _ southwest Water Camps�y INSURFRC Nati. union Tire Ina cc of PA ._ 225 N. Bglrranca Ave., Hte. 200 INSURER o Zurich American Insurance Co. West Covana CA 91791 — --- -- NSURER L COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REOUWEMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED NY 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 CLAIMSFICTIR . LTR TYPE OF INSURANCE POLICY NUMBER Dw E WDDIY DATE MMIDDM/ LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1.000,000 A X COMMERCIALGENERAL LIABILITY LX6343763-01 09/01/02 09/01/03 FIRE DAMAGE(Any ono mv) 51,D00 000 CLAIMS MADE OCCUR ne PAaon) 5,000 X Pollution Liab. $1,000,000 LIMIT eq TLQ PERSONALA ADV INJURY S 1,000,—ora X I PL-CLAl'NS MADE $250,000 DEDDCTZBLE v , . GENERALAGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPUES PERS PRODUCTS-COMPIOP AGO $2,000,000 POLICY X ,�� LOG AIITOMORILE LIABILITY - B X ANY AUTO MP9298955-02 (AOS) 09/01/02 09/01/03 (EaBIdDSINGLEUMIr sl 000,000 � (EP ocddon0 ALL OWNED AUTOS TAP9298956-02 (TX) 09/01/02 09/01/03 BODILY INJURY s SCHEDULED AUTOS (PIR 0100) X HIRED AUTOS BODILY INJURY S T I X NON-OWNED AUTOS (Por heddenl) PROPERTY DAMAGE $ (Por weld l) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT 5 ANY AUTO OTHER THAN Ew ACC 5 AUTO ONLY: ASS S EXCESS LIABILITY EACH OCCURRENCE $10,000,000 C X OCCUR ❑ 01-AIMS MADE BE1399640 09/01/02 09/01/03 AGGREGATE $ 10,000,000 5 DEDUCTIBLE S RETENTION s I $ WORKERS COMPENSATION AND X TORY LIMITS ER D EMPLOYERS'LIAMIUTY WC2795955-04 � 09/01/02 09/01/03 E.L.EACH ACCIDENT s1,000,000 E L DISEASE-LA EMPLOYEEI S 1,000,000 E.L.00FASE-POLICY LIMIT 51,OO D,000 OTHER D Professional ROC 3765163 02 11/08/02 11/08/03 Limit $1,000,000 Liability DESCRIPTION OP OPERATIONSA=AnM"EHCLESIEXCLWIONS ADDED BY ENDORSEMENTISPECIAL PROMMONS The City of San Juan Capistrano, etal, its directors, officers, officials, agents, volunteers and employees are nerved as additional insureds as respects General Liability per blanket endorsement cG2026 (11/85) attached. Waiver of Subrogation as respects General Liability per blanket andorsearnt CG2404 (10/93) attached. CERTIFICATE HOLDER N ADDITIONAL INSURm;INSURER LETTER: CANCELLATION AbL\ \I O CITYOFB SHOULD ANY OF THE ARM DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPDIATION LV) V DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL _Q*UAYSWPoTTEN City of San Juan Capistrano NOTICE TO THE CERTIRCATE HOLDER NAMED TO THE LEA,BUT FAILURE TO DO SO SMALL Cindy Rumdelanto sell 32400 Paseo AdrlIMPOSE NO OBLIGATION OR LIABILITY OF ANY XIND UPON THE INSURER,ITS AGENTS OR 3240 San Juan Capistrano CA 92675 REPRESENTATIVES. RED TAME ACORO 2E.S(797) CACORD CORPORATION 19118 DEC-04-2002 11:30 ARTHUR J. GALLAGHER & CO. 818 3409286 P.04i05 POLICY NUMBER. ULX6343763-01 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: Blanket (If no entry appears above,information required to complete this endorsement will be shown in the Declarations as appli- cable to this endorsement.) WHO IS AN INSURED(Section II)is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. CG 20 26 1195 Copyright, Insurance Services Office,Inc., 1984 Page 1 of 1 171 DEC-04-2002 11:30 ARTHUR S. GALLAGHFR 9 CO. e19 3409206 P.05/05 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY #Lx6343763-01 CG 24 04 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Blanket (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as appli- cable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition(Section N-COMMERCIAL GENERAL LIABILITY CONDITIONS)is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. TOTAL P.05 APPENDIX 11 INSURANCE REQUIREMENTS PART 1: REQUIRED OPERATION PERIOD INSURANCE 1. Company Insurance Coverage. The Company shall obtain, pay for and maintain the insurance coverages listed below with respect to the management, operation and maintenance of the Project: (a) workers' compensation insurance required by Applicable Law ✓ covering all of the employees of the Company; (b) employer's liability insurance with limits of$1,000,000 per accident or employee disease; (c) comprehensive general liability and property damage insurance, including contractual liability and products completed operations coverage, with a combined single limit of liability of$1,000,000 per occurrence for bodily injury and for property damage, a general aggregate limit of$2,000,000 (excluding products completed operations), an aggregate limit of$2,000,000 for products completed operations, a limit of$1,000,000 I inL and advertising injury, $100,000 for fire damage and a 10,000 medical expense for any one perso (d) excess liability insurance above the required commercial general pollution (on a claims made basis), commercial automobile and employer's liability insurance to result in an overall liability coverage in the amount of $10,000,000 per occurrence and an aggregate annual limit of$10,000,000; (e) pollution legal liability insurance with limits of$1,000,000 per loss ✓ and an annual aggregate limit of$2,000,000; and (f) commercial automobile liability insurance, including owned, non-owned and leased or hired vehicles, with a $1,000,000 combined single limit V for bodily injury and property damage, including non-owned and hired coverage. 2. Additional Insureds. The Company and Subcontractors shall include the District, the Board of Directors of the District, the City, the City Council and each of their tJa respective officers, officials, agents, volunteers and employees as additional insureds (the "Additional Insureds") on all insurance policies required pursuant to this Part 1. The District and the Company shall waive the subrogation rights of their various insurance carriers in favor of the other party. 3. Insurance Certificates. Insurance, and any renewals thereof, shall be evidenced by certificates of insurance issued or countersigned by a duly authorized representative of the issuer and delivered to the District for its review 30 days prior to DEC-04-2002 11:29 ARTHUR J. GALLAGHER 8 CO. 819 3409286 P.03i05 NOTEPAD" `NOLAER CODE CITMFS SOUM11 PAGE 1 • INSunED'SNAME Soutuwast, Water comany. - OP ID TH. DATE 11/03/03- Subject to policy terms, conditions, limitations and exclusions. •10 Day notice for non-payment of premium. MEMORANDUM TO: Cindy Russell, Administrative Services Director Amy Amirani, Public Works Director FROM: Dawn Schanderl, Deputy City Clerk DATE: December 4, 2002 SUBJECT: Insurance/Bonding ECO Status I am sending each of you a copy of Meg's letter to ECO with all contract terms related to Article XIV (Insurance) and Article XV (Security for Performance). For any documents due before construction period please forward these to me. APPENDIX 11 - REQUIRED OPERATION PERIOD INSURANCE: 1. Certificate of Insurance received: Under general liability section medical exp. limit needs to be increased from $5,000 to $10,000. 2. Certificate received is in the name of the City and must be reissued in the name of the Capistrano Valley Water District 3. The additional insurance endorsement form states "the Company and Subcontractors shall include the District, the Board of Directors of the District, the City, The City Council and each of..........See appendix 11 Endorsement not received. PART 2: REQUIRED CONSTRUCTION PERIOD INSURANCE/BOND Section1g: Builders risk insurance Section 2: *Performance and payment bonds required under Section 15.2 (actually noted as Section 15.3) of Service Contract. *professional engineers and architects liability $2M (have $1 M on file) *Company's equipment floater insurance, covering all the Company's equipment while stored on-site during Construction Period. cc: Eric Bauman, Senior Engineer LG 1 VL ACWD CERTIFICATE OF LIABILITY INSURANCE OP ID D DATE IMM'OM(Y) 0=11 11/30/02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Arthur J. Gallagher & Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License #0726293 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 505 N.Brand Blvd, Suite 600 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Glendale CA 91203-3944 Phone: 818-539-2300 rax:818-539-2301 INSURERS AFFORDING COVERAGE INSURED INSURER A: Granite State Ins uranee CO INSURER B Zurich Insurance CaII ECO Resources, Inc. INSURERC Natl_ Union Sire Ins Co of PA Southwest Water Company 225 N. Barrauca Ave. , Sta. 200 INSURER o: Zurich American InBurance Co. West Covina CA 91791 INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING MY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPEC I 10 WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THF TERMS.EXCLUSIONS ANO CONOITIONSOF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE POLICY NUMBER ..1% MMnIWYY DAYE MWDDIYY N LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 A X COMMERCIALGENERALLASIUTY LX6343763-01 09/01/02 09/01/03 FIRE DAMAGE(A,,ale are) $1,000 000 CIAIMS MADE ❑X OCCUR NED EXP(My ore pemoR) i 5,000 X Pollution Liab_ $1,000,000 LIMIT PERSONAL SAUVINJURY 71,000,000 X PL-CLAXMS MADE $250,000 DEDUCTIBLE GENERAL AGGREGATE 52,000,000 / GEWL AGGREGATE LIMIT APPLIES PER: PRODUCTS-CONFIDE AGG S2,000,000 J POLICYX 7 LOC AUTOMOBILE LABILITY COMBcidem) GLE LIWT $ 1,000,000 8 X ANY AUTO BAP9298955-02 (AOS) 09/01/02 09/01/03 IEa aocMent) ALL DwrveD Auros TAP9298956-02 (TX) 09/01/02 09/01/03 BODILY INJURY 7 SCHEDULED AUTOS (Per perwa) X HIRED Auros BODILY INJURY 7 X NONOWNEO AUTOS (Per.mvKYI) PROPERTY DAMAGE S GARAGE LIABILITY AUTO ONLY•EA ACCIDENT S ANY AUTO OTHERTHAN EAACC S AUTO ONLY' AGG S EXCESaUARr"TY EACH OCCURRENCE 710,000,00 C % OGGUR �CLAIMS MADE BB1399640 09/01/02 09/01/03 AGGREGATE 710,000,00 ✓ IT DEDUCTIBLE S RETENTION S S WORKERS COMPENSATION AND x TORY LIMITS ER D EMPLOYERS LARRNY WC2795955-04 09/01/02 09/01/03 EL.EACS AcaDENT 71,000,000 EL_DISEASE-FA EMPLOYEE sl,000,000 V EL_DIYEASTI-POLICY LIMIT s1,000,000 V, UTHER D Professional ROC 3765163 02 11/08/02 11/08/03 Limit $1,000,00 Liability DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Subject to policy terms, conditions, limitations and exclusions_ +10 Day notice of Cancellation for non-payment of premium Evidence of Insurance CERTIFICATE HOLDER N ADUHIoNAL INSURED:INSURER LETTER:_ CANCELLATION CITYOPS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EUTM BATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITT City of San Juan Capistrano NOTICE TO THE CERTIFICATE I IOLOER NAMED TO TMC LCIFT,CUT CdIVHE TO 00 ITO SH 4II: Russell 32400 Pasco Adelanto IMPOSE NO OBLIGATION OR LABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR 32 - San Juan Capistrano CA 92675 REPRESENTADVES. RED ENTATIVE ACORD 2"(7197) OACORD CORPORATION 798 DEC-02-2002 10:46 Arthur S. Gallagher Co. e1e 539 2301 P.02 AGUMI— L;tKl IFIC;AI t OF LIA131LITY INSURANGFoo°aii DGA /ii3o/oz PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Arthur J. Gallagher & Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License #0726293 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 505 N.Brand Blvd, Suite 600 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Glendale CA 91203-3944 Phone: 818-539-2300 Fax:818-539-2301 INSURERS AFFORDING COVERAGE INSURED INSURERA: Granite State Insurance Co _ INSURER B: Zurich Insurance Company _ ECO Southwest Water Inc. INSURER C: Natl. Union Fire Ins Co of PA Southwest Water Comparey _ 225 N. Barranca Ave. , Ste. 200 INSURER o: Zurich American Insurance Co. West Covina CA 91791 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. L R TYPE OF INSURANCE POLICY NUMBER DATE DICY ATE EFFECTIVE DATE IMMI POLICY LIMITS GENERAL LIABILITY EACH OCCURRENCE_ S1,000,000 A X COMMERCIAL GENERAL LIABILITY LX6343763-01 09/01/02 09/01/03 FIRE DAMAGE(Any one fire) $1,000,000 CLAIMS MADE ®OCCUR MED EXP(Anyone Wreon) $ 51000 X Pollution Liab. $1,000,000 LIMIT PERSONAL S ADV INJURY $1,000,000 X PL-CLAIMS MADE $250,000 DEDUCTIBLE GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 17 POLICYX PRO- JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 B X ANYAUTO SAP9298955-02 (AOS) 09/01/02 09/01/03 (Ea accident) ALL OWNED AUTOS TAP9298956-02 (TX) 09/01/02 09/01/03 BODILY INJURY $ SCHEDULED AUTOS (Pei Person) X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Peraccident) GARAGE LIASX.TY AUTO ONLY-EA ACCIDENT $ ANYAUTO OTHER THAN EA ACC $ AUTO ONLY: AGG S EXCESS LIABILITY EACH OCCURRENCE $ 10,000,00 C X OCCUR 7CLAIMS MADE BE1399640 09/01/02 09/01/03 AGGREGATE $10,000,00 S DEDUCTIBLE RETENTION $ S WORKERS COMPENSATION AND X TORYLIMBS ER D EMPLOYERS'LIABILITY WC2795955-04 09/01/02 09/01/03 E.L.EACH ACCIDENT $1,000,000 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 E.L.DISEASE-POLICY LIMIT $1,000,000 OTHER rDProfessional ROC 3765163 02 11/08/02 11/08/03 Limit $1,000,00 Liabilit DESCRIPTION OF OPERATIONS/LOCATpNSNEHICLE&EXCLUSIONS ADOEO BY ENDORSEMENT/SPECIAL PROVISIONS Subject to policy terms, conditions, limitations and exclusions. *10 Day notice of cancellation for non-payment of premium Evidence of Insurance CERTIFICATE HOLDER N I ADDITIONAL INSURED;INSURER LETTER:_ CANCELLATION CITYOFS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE"PMA DATE THEREOF,THE ISSUING INSURER WIL ENDEAVOR TO MAIL 30• DAYSWRITT City of San Juan Capistrano NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEPT,BUT FAIURE TO DO SO SH Attn: Cindy Russell IMPOSE NO OBLIGATION OR LIABILITY OF ANYKIND UPON THE INSURER,ITS AGENTS OR 32400 Paseo Adelanto - San Juan Capistrano CA 92675 REPRESENTATIVES. E ENTATNE" :. ACORD 253(7/97) CACORD CORPORATION 198 TOTAL P.02 Dec 1 '02 2238 P. 01 ARTHUR J . GALLAGHER & CO . INSURANCE BROKERS 505 North Brand Blvd- Suite 600 Glendale, CA 91203 Corporate License # 0726293 PHONE (818) 539.2300 FAX (818) 539.2301 DATE: Monday, December 02, 2002 FAX#: 949.493.1053 ATTENTION: Cindy Russell COMPANY: City of San Juan Capistrano FROM: Susan Day x-1270 # OF PAGES: 2 (including cover page) RE: Southwest Water Company, ETAL To follow in this transmission is a certificate of insurance regarding the above insured. Hard copies will follow by regular mail with the original going to the certificate holder. Should you have any questions, please call_ Thank you very much. Cc: Beatriz Reviere— Doug Hansen Southwest Water 626.915.1558 CONFi ENTIAu7y NOTIGE.- The documents accompanying this telecopy transmission contains confidential information belonging to th sender which is privileged_ This information is intended only for the use of the individual or entity named above. If you are not th intended recipient, you are hereby notified that any disclosure, copying, distribution or taking of any action in reliance on this telecopy, prohibited. if you have received this telecopy in error,please phone us at(818) 340-3642 DEC-02-2002 10:46 Arthur J. Gallagher Co. 819 539 2301 P.01 ARTHUR J . GALLAGHER & CO . INSURANCE BROKERS 505 North Brand Blvd. Suite 600 Glendale, CA 91203 Corporate License# 0726293 PHONE (818) 539.2300 FAX (818) 539.2301 DATE: Monday, December 02, 2002 FAX#: 949.493.1053 ATTENTION: Cindy Russell COMPANY: City of San Juan Capistrano FROM: Susan Day x-1270 # OF PAGES: 2 (including cover page) RE: Southwest Water Company, ETAL To follow in this transmission is a certificate of insurance regarding the above insured. Hard copies will follow by regular mail with the original going to the certificate holder. Should you have any questions, please call. Thank you very much. Cc: Beatriz Reviere—Doug Hansen Southwest Water 626.915.1558 CONFIDENTIALITY NOTICE. The documents accompanying this telecopy transmission contains confidential information belonging to th sender which is privileged. This information is intended only for the use of the individual or entity named above. If you are not th intended recipient, you are hereby notified that any disclosure, copying, distribution or taking of any action in reliance on this telecopy prohibited. If you have received this telecopy in error,please phone us at(818)340-3642 dson 32400 PASEO ADELANTOaT L`��! MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO, CA 92675 Ly mtOIIIIIr[I DIANE L.BATHGATE ti COLLENE CAMPBELL (949) 493-1171 OUI 1961 JOHN S.GELFF (949) 493-1063 (FAX) 1776 WYATTHAFT www.sanjuancapistrana.org •� GgvlG M.swERGUN CITY MANAGER GEORGE SCARBOROUGH September 12, 2002 ECO Resources, Inc. 5820 Stoneridge Mall Road, Suite 204 u Pleasanton, CA 94588 Western Regional Vice President Dear Sir or Madam: A Service Contract for the Design, Construction, Financing and Operation of the San Juan Basin Desalter Project, between the Capistrano Valley Water District and Eco Resources, Inc. was approved by the Board of Directors of the Capistrano Valley Water District at their meeting on September 3, 2002. All contract terms related to Article XIV (Insurance) and Article XV (Security for Performance) must be met prior to beginning work. Original, signed Certificates of Insurance and required security for performance should be forwarded to the City Clerk. I have attached the pertinent sections of the contract for your reference. All evidence of insurance must be maintained with our office during the entire term of the agreement. To assist you in meeting this requirement, our office will forward reminder notices to you 30 days prior to expiration of certificates of insurance. If you have questions specific to the contact, please contact the project manager, Eric Bauman, Senior Engineer (949) 487-4312. If you have questions regarding forms of insurance or security, please contact Dawn Schanderl, Deputy City Clerk (949) 443- 6310. Yours truly, Me o aa,h(an, CMC C y Cie attached: Articles XIV and XV; Appendix 11 cc: Eri Bauman, Senior Engineer; Amy Amirani, Public Works Director; Dawn pS'chanderl, Deputy City Clerk DRUG USE IS San Juan Capistrano: Preserving the Past to Enhance the Future ARTICLE XN INSURANCE, UNCONTROLLABLE CIRCUMSTANCES AND INDEMNIFICATION (A) SECTION . INSURANCE . Company Insurance . At all times during the Term of this Service Contract, the Company shall obtain and maintain the Required Insurance in accordance with Appendix 11 and shall pay all premiums with respect thereto as the same become due and payable. (B) Insurers, Deductibles and District Rights . All insurance required by this Section shall be obtained and maintained from financially sound and generally recognized responsible insurance companies meeting the qualifications set forth in Appendix 11. The insurers shall be selected by the Company and authorized to write such insurance in the State. The insurance coverage may be written with deductible amounts within the limits allowed in Appendix 11, and the Company shall be responsible for any deductible amounts. The Company shall also be responsible for all self-insured retentions contained in its insurance coverages, as well as any excluded losses if such losses are within the liability of the Company hereunder. All policies evidencing such insurance shall provide for: (1) payment of the losses to the District, and to the Company as their respective interests may appear; and (2) at least 30 days prior written notice of the cancellation thereof to the Company and the District. All policies of insurance required by this Section shall be primary insurance without any right of contribution from other insurance carried by the District. (C) Certificates, Policies and Notice . The delivery by the Company to the District of certificates of insurance is required by this Service Contract as a condition to the occurrence of the Construction Date (Required Construction Period Insurance) and as a condition to the occurrence of the Acceptance Date (Required Operation Period Insurance). The Company shall also supply the District, upon request, with certified copies of such policies promptly following the filing of any claim against the District under any of the policies. Not later than 60 days prior to the beginning of each Contract Year throughout the Term, the Company shall furnish certificates of insurance to the District to confirm the continued effectiveness of the Required Insurance. Whenever a Subcontractor is utilized, the Company shall either obtain and maintain or require the Subcontractor to obtain and maintain insurance in accordance with the applicable requirements of Appendix 11, appropriate to the Subcontractor's participation in the Service Contract or the Project. (D) Maintenance of Insurance Coverage . If the Company fails to pay any premium for Required Insurance, or if any insurer cancels any Required Insurance policy and the Company fails to obtain replacement coverage so that the Required Insurance is maintained on a continuous basis, then, at the District's election (but without any obligation to do so), the District, following 7 days notice to the Company, may pay such premium or procure similar insurance coverage from another company or companies and upon such payment by the District the amount thereof shall be immediately reimbursable to the District by the Company. The Company shall not perform Design/Build Work during any period when any policy of Required Construction Period Insurance is not in effect. The Company shall comply with all applicable Required Insurance and take all steps necessary to assure the Project remains continuously insured in accordance with the requirements of this Service Contract during the Term hereof. The failure of the Company to obtain and maintain any Required Insurance shall not relieve the Company of its liability for any losses intended to be insured thereby. Should any failure to provide continuous insurance coverage occur, the Company shall indemnify and hold harmless the District in the manner provided in Section 14.3, from and against any Loss-and-Expense arising out of such failure. The purchase of insurance to satisfy the Company's obligations under this Section shall not be a satisfaction of any Company liability under this Service Contract or in any way limit, modify or satisfy the Company's indemnity obligations hereunder. (E) SECTION . UNCONTROLLABLE CIRCUMSTANCES . Relief from Obligations . Except as expressly provided under this Section, neither party to this Service Contract shall be liable to the other for any loss, damage, delay, default or failure to perform any obligation to the extent it results from an Uncontrollable Circumstance. The parties agree that the relief for an Uncontrollable Circumstance described in this Section shall apply to all obligations in this Service Contract, except to the extent specifically provided otherwise, notwithstanding that such relief is specifically mentioned with respect to certain obligations in this Service Contract but not other obligations. The occurrence of an Uncontrollable Circumstance shall not excuse or delay the performance of a party's obligation to pay monies previously accrued and owing under this Service Contract, or to perform any obligation hereunder not affected by the occurrence of the Uncontrollable Circumstances. The District shall pay the Service Fee during the continuance of any Uncontrollable Circumstance, adjusted to account for any cost reductions achieved through Company mitigation measures required by subsection (B) of this Section, as well as for any cost increases to which the Company is entitled under subsection (C) of this Section. A Contract Administration Memorandum shall be prepared to confirm and evidence the terms and conditions of the relief given to the Company on account of any Uncontrollable Circumstances. (F) Notice and Mitigation . The party that asserts the occurrence of an Uncontrollable Circumstance shall notify the other party by telephone or facsimile, on or promptly after the date the party experiencing such Uncontrollable Circumstance first knew of the occurrence thereof, followed within 15 days by a written description of: (1) the Uncontrollable Circumstance and the cause thereof (to the extent known); and (2) the date the Uncontrollable Circumstance began, its estimated duration, the estimated time during which the performance of such party's obligations hereunder shall be delayed, or otherwise affected. As soon as practicable after the occurrence of an Uncontrollable Circumstance, the affected party shall also provide the other party with a description of: (1) the amount, if any, by which the Design/Build Price or the Service Fee is proposed to be adjusted as a result of such Uncontrollable Circumstance; (2) any areas where costs might be reduced and the approximate amount of such cost reductions; and (3) its estimated impact on the other obligations of such party under this Service Contract. The affected party shall also provide prompt written notice of the cessation of such Uncontrollable Circumstance. Whenever such act, event or condition shall occur, the party claiming to be adversely affected thereby shall, as promptly as practicable, use all reasonable efforts to eliminate the cause therefor, reduce costs and resume performance under this Service Contract. While the Uncontrollable Circumstance continues, the affected party shall give notice to the other party, before the first day of each succeeding month, updating the information previously submitted. The party claiming to be adversely affected by an Uncontrollable Circumstance shall bear the burden of proof, and shall furnish promptly any additional documents or other information relating to the Uncontrollable Circumstance reasonably requested by the other party. (G) Conditions to Performance, Design/Build Price Service Fee and Schedule Relief . If and to the extent that Uncontrollable Circumstances interfere with, delay or increase the cost of the Company's performance of the Contract Services in accordance herewith, the Company shall be entitled to an increase in the Design/Build Price and the Service Fee, and an extension of the Scheduled Acceptance Date, all as applicable, which properly reflects the interference with performance, the amount of the increased cost, or the time lost as a result thereof, and the Company shall perform all other Contract Services. The Scheduled Acceptance Date shall be extended only to the extent that the Uncontrollable Circumstance affects the critical path of the Design/Build Work. The proceeds of any Required Insurance available to meet any such increased cost shall be applied to such purpose prior to any determination of cost increase payable by the District under this Section. In particular, the Company shall apply the proceeds of Required Insurance maintained by the Company for builder's risk to the reconstruction of the Project should an insured event under such builder's risk insurance cause property damage prior to Acceptance. To the extent there is any cost reduction achieved through the mitigating measures undertaken by the Company pursuant to subsection (B) of this Section upon the occurrence of an Uncontrollable Circumstance, the parties shall agree to the amount of the cost reduction and such cost reduction shall be reflected in a reduction of the amount by which the Design/Build Price or the Service Fee would have otherwise been increased or shall serve to reduce the Design/Build Price or the Service Fee to reflect such mitigation measures, as applicable. In the event that the Company believes it is entitled to any Design/Build Price, Service Fee or schedule relief on account of any Uncontrollable Circumstance, it shall furnish the District written notice of the specific relief requested and detailing the event giving rise to the claim within 30 days after the giving of notice delivered pursuant to subsection (B) of this Section, or if the specific relief cannot reasonably be ascertained and such event detailed, with such 30-day period, then within such longer period with which it is reasonably possible to detail the event and ascertain such relief. Within 30 days after receipt of such a timely submission from the Company the District shall issue a written determination as to the extent, if any, it concurs with the Company claim for performance, price or schedule relief, and the reasons therefor. The Company acknowledges that its failure to give timely notice pertaining to an Uncontrollable Circumstance as required under this Section may adversely affect the District. (H) Capital Modifications . Before proposing any adjustment to the Service Fee in its notice of requested relief under this Section, the Company may at its discretion, determine whether any increased costs of operation and maintenance of the Project resulting from an Uncontrollable Circumstance can reasonably and prudently be reduced by the undertaking of a Capital Modification. In the event that the Company makes such a determination, the Company shall so advise the District in accordance with Sections 11.3 and 11.5. The District and the Company shall thereupon mutually determine whether such a Capital Modification shall be undertaken. In no event shall the Company undertake such Capital Modification except at the express written direction of the District. (I) Share of Costs of Uncontrollable Circumstances . The Company shall bear the costs which result from the occurrence of an uninsured Uncontrollable Circumstance (except any Change in Law made by the District) to the extent of the first 5% of the costs necessitated by Uncontrollable Circumstances up to an aggregate of$12,500 per Contract Year, as adjusted annually by the Adjustment Factor, and an aggregate of$250,000 over the Initial Term of this Service Contract, as adjusted annually by the Adjustment Factor. Any costs occurring over future Contract Years as the result of an Uncontrollable Circumstance occurring in a prior Contract Year shall be treated as Uncontrollable Circumstance costs occurring in such future Contract Year. The Company's share of such net costs shall be paid as a lump sum within 60 days of the end of each Contract Year, unless otherwise agreed by the parties. The Company's obligation under subsection 14.1(B) to bear the expense of any deductibles applicable on claims made with respect to any Required Insurance provided by the Company hereunder is an independent obligation, but the amount of any such expense shall be credited against the Company's obligations under this subsection if the event to which the Required Insurance responded was an Uncontrollable Circumstance. (J) Acceptance of Relief Constitutes Release . Either party's acceptance of any performance, price or schedule relief under this Section shall be construed as a release of the other party for that portion of the Loss-and- Expense resulting from, or otherwise attributable to, the event giving rise to the relief claimed. 1.2 SECTION . INDEMNIFICATION BY THE COMPANY . The Company shall indemnify, defend and hold harmless the District, and its elected officials, appointed officers, employees, representatives, agents and contractors (each, a "District Indemnitee") and the Trustee and its officers, employees, representatives, agents and contractors ("Trustee Indemnitee"), from and against (and pay the full amount of) any and all Loss-and-Expense incurred by a District Indemnitee or a Trustee Indemnitee to third parties arising from or in connection with (or alleged to arise from on in connection with): (1) any failure by the Company to perform its obligations under this Service Contract; or (2) the negligence or willful misconduct of the Company or any of its officers, directors, employees, agents, representatives or Subcontractors in connection this Service Contract. The Company shall also indemnify the District as and to the extent provided elsewhere in this Service Contract. The Company's indemnity obligations hereunder shall not be limited by any coverage exclusions or other provisions in any insurance policy maintained by the Company which is intended to respond to such events. The Company shall not, however, be required to reimburse or indemnify any District Indemnitee or Trustee Indemnitee for any Loss-and-Expense to the extent caused by the negligence or willful misconduct of any District Indemnitee or Trustee Indemnitee to the extent attributable to any Uncontrollable Circumstance. A District Indemnitee or Trustee Indemnitee shall promptly notify the Company of the assertion of any claim against it for which it is entitled to be indemnified hereunder, and the Company shall have the right to assume the defense of the claim in any Legal Proceeding and to approve any settlement of the claim. These indemnification provisions are for the protection of the District Indemnitee and the Trustee Indemnitee only and shall not establish, of themselves, any liability to third parties. The provisions of this Section shall survive termination of this Service Contract. 1.3 SECTION . INDEMNIFICATION BY THE DISTRICT . The District shall indemnify, defend and hold harmless the Company, and its elected officials, appointed officers, employees, representatives, agents and contractors (each, a "Company Indemnitee"), from and against (and pay the full amount of) any and all Loss-and-Expense incurred by a Company Indemnitee to third parties arising from or in connection with (or alleged to arise from on in connection with): (1) any failure by the District to perform its obligations under this Service Contract; or (2) the negligence or willful misconduct of the District or any of its officers, directors, employees, agents, representatives or subcontractors in connection this Service Contract. The District shall also indemnify the Company as and to the extent provided elsewhere in this Service Contract. The District's indemnity obligations hereunder shall not be limited by any coverage exclusions or other provisions in any insurance policy maintained by the District which is intended to respond to such events. The District shall not, however, be required to reimburse or indemnify any Company Indemnitee for any Loss-and-Expense to the extent caused by the negligence or willful misconduct of any Company Indemnitee or to the extent attributable to any Uncontrollable Circumstance. A Company Indemnitee shall promptly notify the District of the assertion of any claim against it for which it is entitled to be indemnified hereunder, and the District shall have the right to assume the defense of the claim in any Legal Proceeding and to approve any settlement of the claim. These indemnification provisions are for the protection of the Company Indemnitee only and shall not establish, of themselves, any liability to third parties. The provisions of this Section shall survive termination of this Service Contract. ARTICLE XV SECURITY FOR PERFORMANCE 1. SECTION . GUARANTOR Service Contract Guaranty Agreement . The Company shall cause the Service Contract Guaranty Agreement to be provided and maintained by the Guarantor during the Term hereof in the form attached hereto as a Transaction Form. 2. Annual Reports . The Company shall furnish the District, within 120 days after the end of the Guarantor's fiscal year, the financial statements for the Guarantor filed with the Securities and Exchange Commission, including the audit opinion of the Guarantor's independent public accountant. The Company shall also furnish the District with copies of the quarterly financial statements of the Guarantor filed with the Securities and Exchange Commission within 60 days after the end of each quarter. 3. SECTION . BONDS . Construction Performance and Payment Bonds . On or before the Construction Date, and on or before the date of any Capital Modification (in excess of$100,000) undertaken by the Company, the Company shall provide the Construction Performance Bond and the Payment Bond, each in an amount equal to the portion of the Fixed Design/Build Price relating to the construction work (plus a reasonable amount to be determined by the parties for any estimated Fixed Design/Build Price Adjustments), as financial security for the faithful performance and payment of its Construction Period obligations and Capital Modification obligations hereunder. The Construction Performance Bond and the Payment Bond shall be substantially in the form set forth in the Transaction Forms and shall be issued by a surety company: (1) approved by the District having a rating of "A" in the latest revision of the A.M. Best Company's Insurance Report; (2) be listed in the United States Treasury Department's Circular 570, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies"; and (3) holding a certificate of authority to transact surety business in the State issued by the Director of the Department of Insurance. The Construction Performance Bond and the Payment Bond shall remain open until Acceptance of the Project. 4. Monitoring of Sureties . The Company shall be responsible throughout the Term of this Service Contract for monitoring the financial condition of any surety company issuing bonds under this Service Contract and for making inquiries no less often than annually to confirm that each such surety company maintains at least the minimum rating level specified in this Section. In the event the rating of any issuing surety company falls below such minimum level, the Company shall promptly notify the District of such event and shall promptly furnish or arrange for the furnishing of a substitute or an additional bond of a surety company whose rating and other qualifications satisfy all above requirements, unless the District agrees to accept the surety company or agrees to an alternative method of assurance. Upon such notice by the Company of such an event, the District shall not unreasonably withhold its approval of such assurance. 5. SECTION . SERVICE CONTRACT LETTER OF CREDIT . Terms and Purpose . On or before the Bond Issuance Date, the Company shall provide further security to the District for the performance of its obligations hereunder to achieve Acceptance through an irrevocable direct pay letter of credit issued by a United States bank whose long-term debt is rated "A" or better by either Rating Service and which maintains a banking office in the State (the "Service Contract Letter of Credit"). The Service Contract Letter of Credit shall be in a stated amount equal to daily accrued debt service on the Bonds for a period of 547 days, shall be for a term of one year, shall be continuously renewed, extended or replaced so that it remains in effect until 30 days after the date that the District states in writing that the District and the Independent Engineer concur with the Company's certification that Acceptance has occurred as set forth in Section 7.11, and shall be issued substantially in the form set forth in the Transaction Forms. The stated amount of the Service Contract Letter of Credit shall in no way limit the amount of damages to which the District may be entitled for any Company failure to achieve Acceptance. The Company shall have the right to reduce and replace the stated amount of the Service Contract Letter of Credit on the 6- month and 12-month anniversary dates of the Scheduled Acceptance Date by an amount equal to the sum of all daily delay liquidated damage payments, if any, which the Company has previously paid to the District pursuant to Section 7.9. The Service Contract Letter of Credit shall be surrendered by the City for cancellation by the Company on the date that the District states in writing that the District and the Independent Engineer concur with the Company's certification that Acceptance has occurred as set forth in Section 7.11. 6. Drawings for Non-Renewal or Bankruptcy . The Service Contract Letter of Credit shall authorize the District to draw the full stated amount thereof. (1) in the event that any required renewal, extension or replacement thereof is not made earlier than the date which is 30 days prior to its expiration date, or (2) upon certain events of bankruptcy or insolvency of the Company or the Guarantor described in the drawing certificate attached thereto. The proceeds of any such drawings shall be held by the District as cash collateral to secure the performance of the Contract Services and, in the event of a material breach of this Service Contract following any such drawing, may be retained by the District as payment of damages resulting therefrom. 7. Drawings to Pay Delay Liquidated Damages . The Service Contract Letter of Credit shall also authorize the District to draw an amount representing delay liquidated damages due the District under Section 7.9. 8. Effect of Final Determination of Damages . In the event that subsequent to any drawing on the Service Contract Letter of Credit it is determined by any court of competent jurisdiction in a final non-appealable decision that such drawing to any extent was not permitted hereunder, the District shall pay the amount wrongfully drawn to the Company together with interest thereon of the Overdue Rate calculated from the date of drawing to the date of payment to the Company. SECTION . COSTS OF PROVIDING SECURITY FOR PERFORMANCE . The cost and expense of obtaining and maintaining the Security Instruments required under this Article as security for the performance of the Company's obligations hereunder shall be borne by the Company without reimbursement from the District. APPENDIX 11 INSURANCE REQUIREMENTS PART 1: REQUIRED OPERATION PERIOD INSURANCE 1. Company Insurance Coverage. The Company shall obtain, pay for and maintain the insurance coverages listed below with respect to the management, operation and maintenance of the Project: (a) workers' compensation insurance required by Applicable Law covering all of the employees of the Company; (b) employer's liability insurance with limits of$1,000,000 per accident ✓ or employee disease; (c) comprehensive general liability and property damage insurance, including contractual liability and products completed operations coverage, with a combined single limit of liability of$1,000,000 per occurrence for bodily injury and for property damage, a general aggregate limit of$2,000,000 (excluding products completed operations), an aggregate limit of$2,000,000 for products completed operations, a limit of$1,000,000 I in urrand advertising injury, $100,000 for fire damage and a 10,000 medical expense for any one perso (d) excess liability insurance above the required commercial general pollution (on a claims made basis), commercial automobile and employer's liability insurance to result in an overall liability coverage in the amount of $10,000,000 per occurrence and an aggregate annual limit of$10,000,000; (e) pollution legal liability insurance with limits of$1,000,000 per loss ✓ and an annual aggregate limit of$2,000,000; and (f) commercial automobile liability insurance, including owned, non-owned and leased or hired vehicles, with a $1,000,000 combined single limit for bodily injury and property damage, including non-owned and hired coverage. 2. Additional Insureds. The Company and Subcontractors shall include the District, the Board of Directors of the District, the City, the City Council and each of their o respective officers, officials, agents, volunteers and employees as additional insureds (the "Additional Insureds") on all insurance policies required pursuant to this Part 1. The District and the Company shall waive the subrogation rights of their various insurance carriers in favor of the other party. 3. Insurance Certificates. Insurance, and any renewals thereof, shall be evidenced by certificates of insurance issued or countersigned by a duly authorized representative of the issuer and delivered to the District for its review 30 days prior to the Acceptance Date or, in the case of a renewal, as reasonably provided by the insurer. The certificates of insurance shall require 30 days written notice to the District of cancellation (except with respect to cancellation for non-payment of premiums to which a 10-day written notice shall be required), intent not to renew, or, to the extent that it would affect the District or its rights or obligations under such policy or the Service Contract, any reduction or change in its coverage by the insurance company. 4. Non-Recourse Provision. All insurance policies shall provide that the insurers shall have no recourse against the Additional Insureds for payment of any premium or assessment and shall contain a severability of interest provision in regard to mutual coverage liability policies. The coverages provided by mutual coverage liability insurance policies required pursuant to the Service Contract shall be the primary source of any restitution or other recovery for any injuries to or death of persons or loss or damage to property incurred as a result of an action or inaction of the Company or its Subcontractors, or their respective suppliers, employees, agents, representatives, or invitees, that fall within these coverages and also within the coverages of any liability insurance or self-insurance program maintained by the District. 5. Subcontractors. The Company shall be responsible for ensuring that all Subcontractors which are working on the Sites, secure and maintain all insurance coverages and other financial sureties required by Applicable Law in connection with their presence and the performance of their duties at or concerning the Project. 6. Specific Provisions for Commercial General Liability Insurance. Commercial General Liability insurance, as required under this Part 1, shall include premises-operations, blanket contractual, products and completed operations, personal and advertising injury, host liquor liability, explosion, collapse, underground hazards, broad form property damage including completed operations, and independent Companys coverages. 7. Specific Provisions for Workers' Compensation Coverage. Workers' compensation insurance shall be in accordance with the requirements of Applicable Law, as amended from time to time. The required workers' compensation insurance shall include other states' coverage. 8. Specific Provisions for Pollution Legal Liability Insurance. Pollution legal liability insurance, as required under paragraph 1(e) above, shall include coverage for off-site third party bodily injury and property damage resulting from pollution conditions emanating from covered locations, off-site clean-up costs, on-site bodily injury, property damage and pollution clean-up costs, and owner's spill liability for third party claims. 9. Qualifications of Insurers. The Company is required to obtain the insurance set forth herein with insurance companies that carry an A.M. Best Company's "A" or equivalent rating. In addition, insurance must be obtained and maintained with insurers authorized to do business in the State. 10. Cost of Insurance. If the District chooses to arrange for any of the insurance coverages outlined in this Part 1, the District may elect to obtain such insurance, provided that: (a) written notice is received by the Company at least 90 days prior to the Contract Year during which the District will assume this responsibility or 90 days prior to the expiration date of the insurance placed by the Company; (b) the District names the Company as an Additional Insured and waives its subrogation rights upon assumption of such responsibility; and (c) the District pays any cancellation penalty (or short-rate) arising out of canceling the Company provided coverage required by this Part 1, prior to its expiration date. PART 2: REQUIRED CONSTRUCTION PERIOD INSURANCE 1. Company Insurance Coverage. To the extent the Company has not obtained or does not continue to maintain such insurance coverage pursuant to paragraph 1 of Part 1 of this Appendix, the Company shall obtain, pay for and maintain the insurance coverage listed below with respect to the Design/Build Work and any Capital Modifications, without any reimbursement obligation on the part of the District: (a) workers' compensation insurance required by Applicable Law covering all of the employees of the Company; (b) employer's liability insurance with limits of$1,000,000 per accident or employee disease; (c) commercial general liability and property damage insurance, with contractual liability and products completed operations coverage, with a combined single limit of liability of$1,000,000 per occurrence for bodily injury and for property damage, a general aggregate limit of $2,000,000 (excluding products completed operations), an aggregate limit of$2,000,000 for products and completed operations, a limit of$1,000,000 for personal injury and advertising injury, $100,000 for fire damage, and a $10,000 medical expense for any one person; (d) excess liability insurance above the required commercial general, pollution (on a claims made basis), commercial automobile and employer's liability insurance to result in an overall liability coverage in the amount of $10,000,000 per occurrence and an annual aggregate limit of$10,000,000; (e) commercial automobile liability insurance, including owned, non-owned and leased or hired vehicles, with a $1,000,000 combined single limit for bodily injury and property damage, including non-owned and hired coverage; (f) pollution legal liability insurance with limits of$1,000,000 per loss and an annual aggregate limit of$2,000,000; and (g) "builder's risk" insurance, covering loss, damage or destruction to the Project and any Capital Modifications (including boilers and machinery coverage) caused by physical damage in an amount equal to the full replacement value of the Project, with no co-insurance provision written on a completed value form. 2. Bonds. The Company shall obtain, pay for and maintain (a) the Construction Performance Bond and the Payment Bond required under Section 15.2 of the Service Contract, (b) professional engineers and architects liability insurance in the amount of$2,000,000, and (c) Company's equipment floater insurance, covering all the Company's equipment while stored on-site during the Construction Period. 3. Additional Insureds. The Company and Subcontractors shall include the District, the Board of Directors of the District, the City, the City Council and each of their respective officers, officials, agents, volunteers and employees as additional insureds during the Construction Period (the "Additional Insureds") on all insurance policies, except the workers' compensation and employer's liability policies in this Part 2. The District and the Company shall waive the subrogation rights of their various insurance carriers in favor of the other party. 4. Insurance Certificates. Insurance, and any renewals thereof, shall be evidenced by certificates of insurance issued or countersigned by a duly authorized representative of the issuer and delivered to the District for its review prior to the Construction Date or, in the case of a renewal, as reasonably provided by the insurer. The certificates of insurance shall provide for 30 days written notice to the District of cancellation (except with respect to cancellation for non-payment of premiums to which a 10-day written notice shall be required), intent not to renew, or, to the extent that it would affect the District or its rights or obligations under such policy or the Service Contract, any reduction or change in its coverage by the insurance company. 5. Non-Recourse Provision. All insurance policies, except the workers' compensation, employer's liability, and professional liability policies, shall provide that the insurers shall have no recourse against the Additional Insureds for payment of any premium or assessment and shall contain a severability of interest provision in regard to mutual coverage liability policies. The coverages provided by mutual coverage liability insurance policies required pursuant to the Service Contract shall be the primary source of any restitution or other recovery for any injuries to or death of persons or loss or damage to property incurred as a result of an action or inaction of the Company or its Subcontractors, of their respective suppliers, employees, agents, representatives, or invitees, that fall within these coverages and also within the coverages of any liability insurance or self-insurance program maintained by the District. 6. Subcontractors. The Company shall be responsible for ensuring that all Subcontractors of the Company working on the Sites secure and maintain all insurance coverages and other financial sureties required by Applicable Law in connection with their presence and the performance of their duties pursuant to the Service Contract. 7. Specific Provisions for Commercial General Liability Insurance. Commercial general liability insurance, as required above, shall include premises-operations, blanket contractual, products and completed operations, personal injury and advertising injury, host liquor liability, explosion, collapse, underground hazards, broad form property damage including completed operations, and independent Companys coverages. 8. Specific Provisions for Workers' Compensation Coverage. Workers' compensation insurance shall be in accordance with the requirements of Applicable Law, as amended from time to time. The required workers' compensation insurance shall include other states' statutory coverage. 9. Specific Provisions for Pollution Legal Liability Insurance. Pollution legal liability insurance, as required under paragraph 1(f) above, shall include coverage for off-site third party bodily injury and property damage resulting from pollution conditions emanating from covered locations, off-site clean-up costs, on-site bodily injury, property damage and pollution clean-up costs, and owner's spill liability for third party claims. 10. Qualifications of Insurers. The Company shall obtain the insurance set forth herein with insurance companies that carry an A.M. Best Company's "A" or better rating. In addition, insurance must be obtained or maintained with insurers authorized to do business in the State. Dawn Schanderl From: Meg Monahan Sent: Wednesday, September 11, 2002 10:57 AM To: Dawn Schanderl Subject: FW: Grd water recover contract copy of this FYI 9Weg 911onaha% C9KC City Cf--I'k. (949) 443-6308 (949) 493-1053 Fax City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 -----Original Message----- From: Meg Monahan Sent: Wednesday,September 11,2002 10:56 AM To: Eric Bauman Cc: Cindy Russell Subject: Grd water recover contract I have the executed contracts in my office. We have not received the required insurance evidence or bonding. We normally receive those prior to issuing the executed agreement. Also, if there a notice to proceed on this project? The document is so large, that reviewing the requirements with you would save me a great deal of time, rather than try to find sections in the agreement. I assume we will be keeping one of the agreements, but I don't know who should be receiving the other three copies. Thanks 911eg 911onahan, CMC City Cferk. (949) 443-6308 (949) 493-1053 Fax City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 1 i s6c �,rz APPENDIX 11 INSURANCE REQUIREMENTS PART 1: REQUIRED OPERATION PERIOD INSURANCE 1. Company Insurance Coverme. The Company shall obtain, pay for and maintain the insurance coverages listed below with respect to the management, operation and maintenance of the Project: (a) workers'compensation insurance required by Applicable Law covering all of the employees of the Company; (b) employer's liability insurance with limits of$1,000,000 per accident or employee disease; (c) comprehensive general liability and property damage insurance,including contractual liability and products completed operations coverage,with a combined single s, limit of liability of$1,000,000 per occurrence for bodily injury and for property damage, ( a general aggregate limit of$2,000,000 (excluding products completed operations), an aggregate limit of$2,000,000 for products completed operations,alimit of$1,000,000 for personal injury and advertising injury, $100,000 for fire damage and a$10,000 medical expense for any one person; (d) excess liability insurance above the required commercial general pollution (on a claims made basis), commercial automobile and employer's liability insurance to result in an overall liability coverage in the amount of$10,000,000 per occurrence and an aggregate annual limit of$10,000,000; (e) pollution legal liability insurance with limits of$1,000,000 per loss and an annual aggregate limit of$2,000,000; and (f) commercial automobile liability insurance, including owned, non-owned and leased or hired vehicles,with a$1,000,000 combined single limit for bodily injury and property damage, including non-owned and hired coverage. 2. Additional Insureds. The Company and Subcontractors shall include the District, the Board of Directors of the District, the City, the City Council and each of their respective officers, officials, agents, volunteers and employees as additional insureds (the "Additional Insureds") on all insurance policies required pursuant to this Part 1. The District and the Company shall waive the subrogation rights of their various insurance carriers in favor of the other party. 3. Insurance Certificates. Insurance, and any renewals thereof, shall be evidenced by certificates of insurance issued or countersigned by a duly authorized representative of the issuer and delivered to the District for its review 30 days prior to the Acceptance Date or, in the case of a renewal, as reasonably provided by the insurer. The certificates of insurance shall require 30 days written notice to the District of cancellation(except with respect to cancellation for non-payment of premiums to which a 10-day written notice shall be required),intent not to renew, or, to the extent that it would affect the District or its rights or obligations under such policy or the Service Contract,any reduction or change in its coverage by the insurance company. All-1 399444.10 022806 DOC 4. Non-Recourse Provision. All insurance policies shall provide that the insurers shall have no recourse against the Additional Insureds for payment of any premium or assessment and shall contain a severability of interest provision in regard to mutual coverage liability policies. The coverages provided by mutual coverage liability insurance policies required pursuant to the Service Contract shall be the primary source of any restitution or other recovery for any injuries to or death of persons or loss or damage to property incurred as a result of an action or inaction of the Company or its Subcontractors,or their respective suppliers,employees, agents,representatives,or invitees,that fall within these coverages and also within the coverages of any liability insurance or self-insurance program maintained by the District. 5. Subcontractors. The Company shall be responsible for ensuring that all Subcontractors which are working on the Sites,secure and maintain all insurance coverages and other financial sureties required by Applicable Law in connection with their presence and the performance of their duties at or concerning the Project. 6. Specific Provisions for Commercial General Liability Insurance. Commercial General Liability insurance, as required under this Part 1, shall include premises-operations, blanket contractual, products and completed operations, personal and advertising injury, host liquor liability,explosion,collapse,underground hazards,broad form property damage including completed operations, and independent Companys coverages. 7. Specific Provisions for Workers'Compensation Coverage. Workers'compensation insurance shall be in accordance with the requirements ofApplicable Law,as amended from time to time. The required workers' compensation insurance shall include other states' coverage. 8. Specific Provisions for Pollution Legal Liability Insurance. Pollution legal liability insurance, as required under paragraph 1(e) above, shall include coverage for off-site third party bodily injury and property damage resulting from pollution conditions emanating from covered locations, off-site clean-up costs, on-site bodily injury, property damage and pollution clean-up costs, and owner's spill liability for third party claims. 9. Qualifications of Insurers. The Company is required to obtain the insurance set forth herein with insurance companies that carry an A.M. Best Company's "A" or equivalent rating. In addition, insurance must be obtained and maintained with insurers authorized to do business in the State. 10. Cost of Insurance. If the District chooses to arrange for any of the insurance f{f coverages outlined in this Part 1, the District may elect to obtain such insurance,provided that: (a) written notice is received by the Company at least 90 days prior to the Contract Year during which the District will assume this responsibility or 90 days prior to the expiration date of the insurance placed by the Company; (b) the District names the Company as an Additional Insured and waives its subrogation rights upon assumption of such responsibility; and (c) the District pays any cancellation penalty (or short-rate) arising out of canceling the Company provided coverage required by this Part 1, prior to its expiration date. I All-2 388444.10 022806 DOC 1 i i { a PART 2: REQUIRED CONSTRUCTION PERIOD INSURANCE 1. Company Insurance Coverage. To the extent the Company has not obtained or does not continue to maintain such insurance coverage pursuant to paragraph 1 of Part 1 of this Appendix, the Company shall obtain, pay for and maintain the insurance coverage listed below with respect to the Design/Build Work and any Capital Modifications, without any reimbursement obligation on the part of the District: (a) workers'compensation insurance required by Applicable Law covering all of the employees of the Company; (b) employer's liability insurance with limits of$1,000,000 per accident or employee disease; (c) commercial general liability and property damage insurance, with contractual liability and products completed operations coverage,with a combined single limit of liability of$1,000,000 per occurrence for bodily injury and for property damage, a general aggregate limit of$2,000,000 (excluding products completed operations), an aggregate limit of$2,000,000 for products and completed operations,a limit of$1,000,000 for personal injury and advertising injury, $100,000 for fire damage, and a $10,000 medical expense for any one person; (d) excess liability insurance above the required commercial general,pollution (on a claims made basis), commercial automobile and employer's liability insurance to result in an overall liability coverage in the amount of$10,000,000 per occurrence and an annual aggregate limit of$10,000,000; (e) commercial automobile liability insurance, including owned, non-owned and leased or hired vehicles,with a$1,000,000 combined single limit for bodily injury and property damage, including non-owned and hired coverage; (f) pollution legal liability insurance with limits of$1,000,000 per loss and an annual aggregate limit of$2,000,000; and (g) "builder's risk" insurance, covering loss, damage or destruction to the Project and any Capital Modifications(including boilers and machinery coverage)caused by physical damage in an amount equal to the full replacement value of the Project,with no co-insurance provision written on a completed value form. 2. Bonds. The Company shall obtain, pay for and maintain (a) the Construction Performance Bond and the Payment Bond required under Section 15.2 of the Service Contract, (b)professional engineers and architects liability insurance in the amount of$2,000,000,and(c) Company's equipment floater insurance, covering all the Company's equipment while stored on-site during the Construction Period. 3. Additional Insureds. The Company and Subcontractors shall include the District, the Board of Directors of the District, the City, the City Council and each of their respective officers, officials, agents, volunteers and employees as additional insureds during the Construction Period (the "Additional Insureds') on all insurance policies, except the workers' compensation and employer's liability policies in this Part 2. The District and the Company shall waive the subrogation rights of their various insurance carriers in favor of the other party. All-3 388444.10 022906 DOC 4. Insurance Certificates. Insurance, and any renewals thereof, shall be evidenced by certificates of insurance issued or countersigned by a duly authorized representative of the issuer and delivered to the District for its review prior to the Construction Date or, in the case of a renewal, as reasonably provided by the insurer. The certificates of insurance shall provide for 30 days written notice to the District of cancellation (except with respect to cancellation for non-payment of premiums to which a 10-day written notice shall be required), intent not to renew, or, to the extent that it would affect the District or its rights or obligations under such policy or the Service Contract,any reduction or change in its coverage by the insurance company. 5. Non-Recourse Provision.All insurance policies,except the workers'compensation, employer's liability, and professional liability policies, shall provide that the insurers shall have no recourse against the Additional Insureds for payment of any premium or assessment and shall contain a severability of interest provision in regard to mutual coverage liability policies. The coverages provided by mutual coverage liability insurance policies required pursuant to the Service Contract shall be the primary source of any restitution or other recovery for any injuries to or death of persons or loss or damage to property incurred as a result of an action or inaction of the Company or its Subcontractors, of their respective suppliers, employees, agents, representatives, or invitees,that fall within these coverages and also within the coverages of any liability insurance or self-insurance program maintained by the District. 6. Subcontractors. The Company shall be responsible for ensuring that all Subcontractors of the Company working on the Sites secure and maintain all insurance coverages and other financial sureties required by Applicable Law in connection with their presence and the performance of their duties pursuant to the Service Contract, 7. Specific Provisions for Commercial General Liability Insurance. Commercial general liability insurance, as required above, shall include premises-operations, blanket contractual, products and completed operations, personal injury and advertising injury, host liquor liability,explosion,collapse,underground hazards,broad form property damage including completed operations, and independent Companys coverages. 8. Specific Provisions for Workers'Compensation Coverage. Workers'compensation insurance shall be in accordance with the requirements of Applicable Law,as amended from time to time. The required workers' compensation insurance shall include other states' statutory coverage. 9. Specific Provisions for Pollution Legal Liability Insurance. Pollution legal liability insurance, as required under paragraph 1(f) above, shall include coverage for off-site third party bodily injury and property damage resulting from pollution conditions emanating from covered locations, off-site clean-up costs, on-site bodily injury,property damage and pollution clean-up costs, and owner's spill liability for third party claims. 10. Qualifications of Insurers. The Company shall obtain the insurance set forth herein with insurance companies that carry an A.M. Best Company's "A" or better rating. In addition, insurance must be obtained or maintained with insurers authorized to do business in the State. All-4 388444.10 022806 DOC AMERICAN MOTORISTS INSURANCE COMPANY NOTICEOF • Dated : 10/25/02 Sent Via : F To : Capistrano Valley Water District 32400 Paseo Adelanto San Juan Capistrano, CA 92675 RE : ECO Resources Inc. c/o Southwest Water Company 225 N. Barranca Ave., Ste. 200 West Covina, CA 91791-1605 Bond # : 3SM 989 863 00 Desc. : Bid Bond Service Bond Amount : $500,000.00 Org. Eff. Date : 7/20/2001 REASON FOR CANCELLATION : Released (If this bond was canceled for Non-Payment it may be Reinstated upon receipt of$3,500.00 premium + $I5.00 reinstatement fee.) You are hereby notified that American Motorists Insurance Company elects to cancel the bond captioned above in its entirety, in accordance with the terms of said bond. This cancellation will take effect 0 days after the receipt of this notice. in D c rn Sincerely , TJXYnL EmiYY� VIC o n ,,/�uown �. �c��ao l/02 N m Attorney-In Fact, I ' C Cn; (Ti Susan E. Morales 1 1 J 1 u�l �5 W cc : ECO Resources Inc. Capistrano Valley Water District t P o f a ncl ICemPER. 7470 N. FIGUEROA, P.O. Box 41375, Los ANGELES, CA 90041 •Lic.#0426198 •(323)257-8291 • FAx(323)256-7218 MARSHCERTIFICATE OrANSURANCE CERTIFICAT71R LOS-000371113-113-06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Marsh Risk& Insurance Services NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE 4695 MacArthur Court,Suite 700 POLICY.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE (949)399-5800 AFFORDED BY THE POLICIES DESCRIBED HEREIN. License#0437153 COMPANIES AFFORDING COVERAGE Newport Beach,CA 92660 COMPANY 20346-00-00- A Zurich-American Insurance Company INSURED COMPANY ARB,Inc. B National Union Fire Insurance Company of PA 26000 Commercentre Drive Lake Forest,CA 92630 COMPANY C N/A COMPANY D '7 277- 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE IMMIDDNY) DATE IMMIDDNY) GENERAL LIABILITY GENERAL AGGREGATE $ 4.000,000 A X COMMERCIAL GENERAL LIABILITY GL03676089-02 02/26/04 02/26/05 PRODUCTS-COMP/OP AGG $ 2,000.000 777 ® CLAIMS MADE IT]OCCUR PERSONAL S ADV INJURY $ 1,000.000 OWNER'SBCONTRACTOWS PROT EACH OCCURRENCE $ 1,000.000 X FIRE DAMAGE Any one fire) $ N/A X Per Pro'ect Aunreqate MED EXP(My one on $ N/A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 2,000,000 A X ANY AUTO BAP3676090-02 02/28/04 02/28/05 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per Person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per acCCenl) X Physical Damage PROPERTY DAMAGE $ X $1,000 Comp/Collision GARAGE LABILITY AUTO ONLY-EA ACCIDENT $ Ee ANY AUTO OTHER THAN AUTO ONLY: ';rz EACH ACCIDENT $ AGGREGATE $ EXCESS UABILITY EACH OCCURRENCE $ $10,000,000 BX UMBRELLA FORM BE5683740 02/28/04 02/28/05 AGGREGATE $ $10,000,000 OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND X LIMITS ER EMPLOYERS'LIABILITY TORY A EWS3676088-02(CA) 02/28/04 02/26/05 EL EACH ACCIDENT $ 1.000,000 A THE PROPRIETOR/ INCL WC3676092-02(AOS) 02/28/04 02/28/05 ELDISEASE-POLICY LIMIT $ 1.000.000 PARTNERS'EXECUTIVE $20,000,000 Limit OFFICERS ARE: EXCL EL DISEASE-EACH EMPLOYEE $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS City of San Juan Capistrano is named as additional insured as their interest may appear. A waiver of subrogation applies. SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL-p DAYS WRITTEN NOTICE TO THE City of San Juan Capistrano CERTIFICATE HOLDER NAMED HEREIN,BUT FAILURE TO MAIL SUCH NOTICE SHALLIMPOSE NO OBLIGATION OR 32400 Paseo Adelanto San Juan Capistrano,CA 92675 LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE.ITS AGENTS OR REPRESENTATIVES,OR THE ISSUER OF THIS CERTIFICATE. MARSH USA INC. By. Stephen Flynn VALID AS OF_ 02/27/04 ACORD„ CERTIFICATE OF LIABILITY INSURANCE OPIITH OP MMA°° SOUTHll 12111/03 rNDs,cEN THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Arthur J. Gallagher & Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License #0726293 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 505 N.Brand Blvd, Suite 600 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Glendale CA 91203-3944 Phone: 019-539-2300 Fax: 818-539-2301 INSURERS AFFORDING COVERAGE NAIC# NTIA,1P, Granite State Insurance Co I.'.,INERe Zurich Insurance Company ECO Capistrano Valley, Inc. Sputhwest Water Company 32234 Paseo Adelanto, Ste. D 91NENc San .Tian Capistrano CA 92675 NRm—E — COVERAGES THE FOLLET OR i NN CAME LISTED F£LCW HAVE EIEN I>N ED TO THE IN SUR EC NAMED RECAP FOR THE POLICY OPTION IND at M NOAPOINO Nv REOLIREMErt TERM P CORI OF MY TOWN ACT OR OTHER LOCI Wlm FEDEPTTCW CN THIS TER:IRCATE MAY EE�@°OR A.PER PAN lEE1N9JRga@Acc°acevarPRET'GNOL9OEECmEmHEnPNIswB.m TN ru C�ITTERM THALIxmc°Nrnnws a sew POLICIES AGGREGATE LIMITS W OVVN MAY HAVE EEEN RED ME By ONE CLAIM N- PEURV EFFECTRE Lni ME°F Mfl.. POLCYMAEx 9MD A. L.. .I.CAMLlry EAw ecarRPENCE s 1,000,000 A X X - IALseNEeI LADLrY LX6343763-03 09/01/03 09/01/09 PaoasT,l s 1,000,000 -AlmN mnc=_ X ,,,A THEN Ex-IalnA.eA9om _ s 5,000 % Pollution Liab. $1,000,000 LIMIT s 1,000,000 X PL-CLAIM.4 MADE $250,000 DBDVCTIBLE sexPTnucc�Ec.Te s 2,000,000 NRENATELMITAP1ESFAR ANN _ 5 2,000,000 x LES; ALRDILRaL1 MEIDIES-1M ELIMN N.ATAcnT s 1,000,000 B % rcA�Io BAP9298955-03 (AOS) � 09/01/03 09/01(04 av LJVMEO a 1711 TAP9298956-03 (TX) 09/01/03 09/01/04 eE , Z C 11 w s SCH mLIED ATT-+ I.�eaI X EN AL Cos E-PLY." X NONMONEN AUTOS AANI I —_ RVD.MA '�" 1C;°PEeoaznIT (.(�q� t GMaETHIIII Y Y-EAAry s AM A,T1 OTHFAMNJ FFA--AA a TO_ . ExcEas 1-I UAMluav YHOCSIPF'ENH' - s 10,000,000 C % _IR �a.AlMsma /32298035 09/01/03 09/01/04 eATE x10,000,000 s DF'LNCIIPLE t RETENTION a s SHOP MPEWAMONAND X P. _ EN D Dues uAaur WC2795955-05 09/01/03 09/01/04 EL End m'.MNEN 11,000,000 ANYORIF 111NCNERAEM1'1VR _ -F EPTnEMEER E.CiNcem EL ENEASE-EAE1LCYEE 51,000,000 SPECIAL PRCMAONI EL EY EASE.Po s 1,000,000 SEN. D Professional EOC 3765163-03 11/08/03 11/09/04 See Attachment Liability For Info p69�+YMN°F OaWO.TON91 LOGMW I VEM¢.Eal IX¢U9°W qW®6Y EtOOR@IFMI YEOiLPFOWI°W *10 DAY NOTICE OF CANCELLATION FOR NONPAYMENT OF PREMIUM. ALL POLICY TERMS, CONDITIONS, LIMITATIONS AND EXCLUSIONS APPLY. ***Description per attached NOTEPAD Addendum*PITA CERTIFICATE HOLDER CANCELLATION CITYOPS wu°AWOFn AeavE°ESw PouaaaECex¢ M® O% EnlAnON DAMTExro F,7NEIsauro wavl6Ywu EwEnvoNTO wIL 30* DAn.. City of San Juan Capistrano EVENCET011HECOATIFINATEEPOLDSTNI,EU1PFAADM7VD0a0Srwu Attn: Cindy Russell 32400 Paseo Adelanto MPDaEW omLIOAnOx DeuAeEm of ANr NIND voxmErttwa,mADEWsoN San Juan Capistrano CA 92675 AsA.. 'TMI gA ACORD 25(2001108) ©ACORD CORPORATION 1988 Meg Monahan From: Meg Monahan Sent: Wednesday, September 11, 2002 10:56 AM To: Eric Bauman Cc: Cindy Russell Subject: Grd water recover contract I have the executed contracts in my office. We have not received the required insurance evidence or bonding. We normally receive those prior to issuing the executed agreement. Also, if there a notice to proceed on this project? The document is so large, that reviewing the requirements with you would save me a great deal of time, rather than try to find sections in the agreement. I assume we will be keeping one of the agreements, but I don't know who should be receiving the other three copies. Thanks Meg Monafian, CMC City Clerk (949) 443-6308 (949) 493-1053 Fax City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 1 NOTEPAD; HOLDER CODE CITYOFS SODTx11 PAGE 2 INSURED'S NAME ECA Capistrano valley, Inc. OP ID TE DATE 12/11/03 professional Liability, Enrich American policy 4EOC3765163 03: Architects s Engineers professional Liability-claims made, limit each claim $2,000,000; limit $2,000,000 aggregate-each policy period; deductible $50,000 each claim. The District, the Board of Directors of the District, the City, the City Council and each of their respective officers, officials, agents, volunteers and employees shall be identified as Additional Insureds as respects General Liability as required by written contract or agreement to the extent insurable as their interest may appear for liability arising out of the operations of the Named Insured per endersement CG 2026 (11/E5) attached. The same applies to Waiver of Subrogation as respects General Liability per endorsement CG 2404 (10/93) attached. In addition: *The deductibles under all policies do not apply to the additional insureds; *The medical expense limit under General Liability provided without regard to legal liability. Any claim in excess of $5,000 automatically transfer s to the "bodily injury" limit of $1,000,000; *The certificate holder named as additional insured has been endorsed to Eco Capistrano Valley, Inc., Southwest Water Company's General Liability policy with Granite State; *Disregard standard form disclaimer language indicating "form informational purposes only." Michelle Perea From: Chris Costello [ccostello@southwestwater.com] Sent: Thursday, December 11, 2003 11:15 AM To: 'Michelle Perea' Subject: FW: ECO Capistrano Valley-San Juan project City San Juan CG 2404 10-93 CG 2026 pic26816.gif pic24230.gif Capistrano.pdf GL Waiver.doc 11-85.doc -----Original Message----- From: Dani_Triandos@ajg.com [mailto:Dani_Triandos@ajg.com] Sent: Thursday, December 11, 2003 10:57 AM To: Chris Costello Cc: Tom Tekulve; Gary Hinkle; Bryan_Lorenz@ajg.com; Susan_Day@ajg.com Subject: ECO Capistrano Valley-San Juan project Dear Chris: As requested by Tom Tekulve, I reviewed the file and we did issue a renewal certificate on 8/18/2003 for the San Juan Capistrano project evidencing the renewal of several of the policies in the Southwest insurance program effective September 1, 2003. However, I was unable to print and forward a copy as our system automatically changes the date, etc. In addition, the professional liability (Architects Errors & Omissions) policy with Zurich recently renewed on November 8th so I have amended and updated that information and issued a new certificate evidencing coverage. Attached please find a copy of the certificate of insurance issued to the City of San Juan Capistrano including the additional insured endorsement CG 2026 and the Waiver of Subrogation endorsement CG 2404 as required previously. (See attached file: City San Juan Capistrano.pdf)(See attached file: CG 2404 10-93 GL Waiver.doc)(See attached file: CG 2026 11-85.doc) If you should have any questions or need further assistance, please do i not hesitate to contact our office. Sincerely, (Embedded image moved to file: pic26816.gif) Dani Triandos Senior Account Manager Arthur J. Gallagher& Co. 505 N. Brand Blvd., Suite 600 Glendale, CA 91203 Direct Phone (818) 539-1416 Direct Fax: (818) 539-1716 Email: Dani_triandos@ajg.com (Embedded image moved to file: pic24230.gif) Main Phone: (818) 539-2300 Main Fax: (818) 539-2301 License #0726293 This email and any files transmitted with it are intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by person or entities other than the intended recipient is prohibited. If you receive this in error, please contact the sender and delete the material from any computer. 2 - A-MR-P. CERTIFIC40E OF LIABILITY INSUONNCq OP ID D DATE(MM/DD/YY) OUTH11 1 08/18/03 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Arthur J. Gallagher & Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License #0726293 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 505 N.Brand Blvd, Suite 600 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Glendale CA 91203-3944 Phone: 818-539-2300 Fax:818-539-2301 INSURERS AFFORDING COVERAGE INSURED INSURER A: Granite State Insurance CO INSURER B. Zurich Insurance Company ECO Capistrano Valley, Inc. INSURER C: Natl. Union Fire Ins Cc of PA 32234 Paseo Adelantou Ste. D INSURER D'. Zurich American Insurance Co. San Juan Capistrano CA 92675 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. POLICY EFFIECTIVE INSR ION LTR TYPE OF INSURANCE POLICY NUMBER DATE MM/DD/YY DATE MMIDD(YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 A X COMMERCIAL GENERAL LIABILITY LX6343763-03 09/01/03 09/01/04 FIRE DAMAGE(Any one five) $ 1,000,000 CLAIMS MADE ❑X OCCUR MED EXP(Any one parson) $ 5,000 X Pollution Liab. $1,000,000 LIMIT PERSONAL&ADV INJURY $ 1,000,000 X PL-CLAIMS MADE $250,000 DEDUCTIBLE GENERAL AGGREGATE _ s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $2,000,000 POLICY X PRO LOC ECT AUTOMOBILE LIABILITY B X ANY AUTO BAP9298955-03 (AOS) 09/01/03 09/01/04 caaccidDSINGLEUMIT $ 1,000,000 CO BIKED ALL OWNED AUTOS TAP9298956-03 (TX) 09/01/03 09/01/04 BODIL, URV $ SCHEDULED AUTOS (Per pe* o0 X HIREOAUTOS BODILY([E y y 6.,T X NON-OWNED AUTOS (Per ace C PROPERly D)%MAG" (Per asci 'd-, Or GARAGE LIABILITY AUTO OyLE' :LAAC NT ANY AUTOOTHER TWIN'' EA ACC JTV AUTO ONEW: - AGG EXCESS LIABILITY EACH OC*RRENCE 710,000,000 C X OCCUR CLAIMS MADE BE298035 09/01/03 09/01/04 AGGREGATE $ 10,000,000 DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND X I WCSTAMI- ER D EMPLOYERS'LIABILITY TORY LIWC2795955-05 09/01103 09/01/04 E.L.EACH ACCIDENT $1,000,000 E.L.DISEASE EA EMPLOYEE $ 1,000,000 EAS L DISEASE POLICY LIMIT $ 1,000,000 OTHER D Professional EOC 3765163 02 11/08/02 11/08/03 Limit $2,000,000 Liability DESCRIPTION OF OPERATIONS/LOCATIONS(VEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS *10 DAY NOTICE OF CANCELLATION FOR NONPAYMENT OF PREMIUM. ALL POLICY TERMS, CONDITIONS, LIMITATIONS AND EXCLUSIONS APPLY. ***Description per attached NOTEPAD Addendum*** CERTIFICATE HOLDER Y I ADDITIONAL INSURED;INSURER LETTER: A CANCELLATION CITYOFS 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 Attn: Cindy Russell IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 32400 Paseo Adelanto San Juan Capistrano CA 92675 REPRESENTATIVES. A THO IZED REP T ACORD 25-S(7/97) ©ACORD CORPORATION 1988 HOLDER COD CITYOFS SOUTHII PAGE 2 NOTEPAD: INSURER'S NA ECO Capistrano Valley, Inc. 9 OPiD DE DATE 08/18/03 The District, the Board of Directors of the District, the City, the City Council and each of their respective officers, officials, agents, volunteers and employees shall be identified as Additional Insureds as their interests may appear as respects General Liability per endorsement CG2026 (11/85) attached. The same applies to Waiver of Subrogation as respects General Liability per endorsement CG2404 (10193) attached. * The Deductibles under all policies do not apply to the Additional Insureds * The Medical Expense Limit under General Liability is without regard to legal liability. Any claim in excess of $5,000 automatically transfers to the "Bodily Injury-- limit of $1,000,000 * The Certificate Holder named as an Additional Insured has been endorsed to ECO Resources, Inc. 's "Southwest Water Company- General Liability policy * Disregard standard form disclaimer language indicating -for informational purposes only" 'MARSH CERTIFICATE O&SURANCE CERTIFICATE NUMBER LOS-000343161-07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Marsh Risk 8 Insurance Services NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE 4695 MacArthur Court,Suite 700 POLICY.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE (949)399-5800 AFFORDED BY THE POLICIES DESCRIBED HEREIN. License#0437153 Newport Beach,CA 92660 COMPANIES AFFORDING COVERAGE COMPANY 20346-00-00- A Zurich-American Insurance Company INSURED COMPANY ARB,Inc. B National Union Fire Insurance Company of PA 26000 Commercentre Drive Lake Forest, CA 92630 COMPANY C N/A COMPANY D COVERAGES 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, tXCOMIMERCIALGENERAILLIABIU� YPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE(MMIDDIYY) DATE(MM/DDIYY) LIABILITY GENERAL AGGREGATE $ 4,000.000 GL03676089-02 02/28/04 02/28/05 PRODUCTS.COMPIOP AGG $ 2,000,000 CLAIMS MADE OCCUR PERSONAL S ADV INJURY $ 1.000.000 ER'S B CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000.000 FIRE DAMAGE(Any one fire) $ N/A X Per Pro act Aggregate MED EXP(Any Dr. mon $ N/A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 2,000,000 A X ANY AUTO BAP3676090-02 02/28/04 02/28/05 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) X Physical Damage X I1,000 Comp/Collision PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ $10,000,000 BX UMBRELLA FORM BE5683740 02/28/04 02/28/05 AGGREGATE $ $10,000,000 OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND XI C,an LIMITS E'H EMPLOYERS'LIABILITY A EWS3676088-02(CA) 02/28/04 02/28/05 EL EACH ACCIDENT $ 1,000,000 THE PROPRIETOR/ INCL $20,000,000 Limit EL DISEASE-POLICY LIMIT $ 1,000,000 PFFICERSIEXECUTIVE WC3676092-02 AOS A OFFICERS ARE: E%CL (ADS) 02/28/04 02/28/05 EL DISEASE-EACH EMPLOYEE $ 1,000,000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/SPECIAL ITEMS Re: Job#1436-340(San Juan Authority Desalter Project)-City of San Juan Capistrano is named as additional insured as their interest may appear. A waiver of subrogation applies. COTWICATE HOLDER SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL ERk5EVAW4%%iGY MAIL An DAYS WRITTEN NOTICE TO THE City of San Juan Capistrano CERTIFICATE HOLDER NAMED HEREIN, 32400 Paseo Adelanto San Juan Capistrano,CA 92675 N%NW E XXXXXXXXXXX MARSH USA INC. BY: Stephen Flynn .�. ^ VALID AS OF: 04/23/04 POLICY NUMBER: GLO 3676089-02 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 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Re: Job#1436-340 (San Juan Authority Desalter Project)- City of San Juan Capistrano is named as additional insured as their interest may appear. (If no entry appears above,information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule,but only with respect to liability arising out of"your work" for that insured by or for you. CG 20 10 11 85 Copyright,Insurance Service Office,Inc., 1984 ADDITIONAL INSURED - DESIGNATED PERSONS OR ORGANIZATIONS Named Insured Endorsement Number ARB,INC. Policy Symbol Policy Number Policy Period Effective Date of Endorsement BAP 3676090-02 2/28/04 TO 2/28/05 2/28/04 Issued By(Name of Insurance Company) ZURICH AMERICAN INSURANCE COMPANY Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO POLICY TRUCKERS POLICY GARAGE POLICY Additional Insured(s): City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 RE: Re: Job#1436-340(San Juan Authority Desalter Project)-City of San Juan Capistrano is named as additional insured as their interest may appear. A. For a covered"auto,"Who Is Insured is changed to include as an"insured,"the persons or organizations named in this endorsement. However, these persons or organizations are an "insured" only for"bodily injury' or"property damage" resulting from acts or omissions of: 1. You. 2. Any of your employees or agents. 3. Any person operating a covered "auto"with permission from You, any of your employees or agents. B. The persons or organization named in this endorsement are not liable for payment of your premium. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 04 03 06(Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 2/28/04 at 12:01 A.M. standard time, forms a part of (DATE) Policy No. EWS 3676088-02 Endorsement No. of the Zurich American Insurance Company (NAME OF INSURANCE COMPANY) issued to: ARB, Inc. Premium (if any)$ Included We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us,) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be NIL % of the California workers' compensation pre- mium otherwise due on such remuneration. Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION WHERE BY WRITTEN CONTRACT AND PRIOR TO LOSS HAS REQUIRED A WAIVER OF TRANSFER OF RIGHTS. Name of Persons or Organization:- City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Re: Job#1436340 (San Juan Authority Desalter Project) -City of San Juan Capistrano is named as additional insured as their interest may appear. A waiver of subrogation applies. WC 252(4-84) WC 04 03 06(Ed.4-84) Page 1 of 2 MARSH CERTIFICATE SURANCE cFR.000371113-R " LOS-000371113-OB PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Marsh Risk& Insurance Services NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE 4695 MacArthur Court,Suite 700 POLICY.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE (949)399-5800 AFFORDED BY THE POLICIES DESCRIBED HEREIN. License#0437153 Newport Beach,CA 92660 ._- COMPANIES AFFORDING COVERAGE COMPANY 20346-00-00- A Zurich-American Insurance Company INSURED COMPANY ARB, Inc. B National Union Fire Insurance Company of PA 26000 COmmercentre Drive Lake Forest, CA 92630 COMPANY C N/A COMPANY D COVERAGES -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"AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CI-AIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DDNY) DATE IMMIDDNY) GENERAL LIABILITY GENERAL AGGREGATE $ 4,000,000 A X COMMERCIAL GENERAL LIABILITY GL03676089-02 02/28/04 02/28/05 PRODUCTS-COMPIOPAGG $ 2,000,000 CLAIMS MADE I I OCCUR PERSONAL&ADV INJURY $ 1,000,000 OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000 X FIRE DAMAGE(Any one fire) $ N/A X PerProiectAqqreqate MED EXP(Any oneperson) $ N/A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 2,000,000 A X ANY AUTO BAP3676090-02 02/28/04 02/28/05 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NOWOWNEO AUTOS (Per accident) X Physical Damage X 1,000 Comp/Collision PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ $10,060,000 B X UMBRELLA FORM BE5683740 02/28/04 02/28/05 AGGREGATE_ $ $10,000.000 OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND XT ICS STALIMITS �R EMPLOYERS'LIABILITY A EWS3676088-02(CA) 02/28104 02/28/05 EL EACH AccIDErvr $ 1,000,000 THE PROPRIETORI INCL $20,000,000 Limit EL DISEASE-POLICY LIMIT is 1,000,000 PARTNERSIEXECUTNE VyC3676092-02 AOS A OFFICERS ARE: EXCL (AIDS) 02/28/04 02/26/05 EL DISEASE-EACH EMPLOYEE $ 1,000,000 WHEN DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/SPECIAL ITEMS City of San Juan Capistrano is named as additional insured as their interest may appear. A waiver of subrogation applies. CERWICATE HOLDER ,; -,. " --".:: GELLATION SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE City of San Juan Capistrano CERTIFICATE HOLDER NAMED HEREIN,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 32400 Paseo Adelanto San Juan Capistrano,CA 92675 LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE,ITS AGENTS OR REPRESENTATIVES,OR THE ISSUER OF THIS CERTIFICATE. INC. BY: St BY: Stephen Flynn I"K(3102) - VALID AS OF: 04/23/04 POLICY NUMBER: GLO 3676089-02 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 32400 Paseo Adelanto San Juan Capistrano, CA 92675 City of San Juan Capistrano is named as additional insured as their interest may appear. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule,but only with respect to liability arising out of"your work" for that insured by or for you. CG 20 10 1185 Copyright,Insurance Service Office,Inc., 1984 ADDITIONAL INSURED - DESIGNATED PERSONS OR ORGANIZATIONS Named Insured Endorsement Number ARB,INC. Policy Symbol Policy Number Policy Period Effective Date of Endorsement BAP 3676090-02 2/28/04 TO 2/28/05 2/28/04 Issued By(Name of Insurance Company) ZURICH AMERICAN INSURANCE COMPANY Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO POLICY TRUCKERS POLICY GARAGE POLICY Additional Insured(s): City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 RE: City of San Juan Capistrano is named as additional insured as their interest may appear. A. For a covered "auto,"Who Is Insured is changed to include as an"insured,"the persons or organizations named in this endorsement. However, these persons or organizations are an"insured" only for"bodily injury"or"property damage" resulting from acts or omissions of: 1. You. 2. Any of your employees or agents. 3. Any person operating a covered "auto"with permission from You, any of your employees or agents. B. The persons or organization named in this endorsement are not liable for payment of your premium. S:,uiemaeme,,,bamzaoic"n"n.cnmentvoo,-"„m-e�aac • • WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 04 03 06(Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 2/28/04 at 12:01 A.M. standard time, forms a part of (DATE) Policy No. EWS 3676088-02 Endorsement No. of the Zurich American Insurance Company (NAME OF INSURANCE COMPANY) issued to: ARB, Inc. Premium (if any) $ Included We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be NIL % of the California workers' compensation pre- mium otherwise due on such remuneration. Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION WHERE BY WRITTEN CONTRACT AND PRIOR TO LOSS HAS REQUIRED A WAIVER OF TRANSFER OF RIGHTS. Name of Persons or Organization:- City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 City of San Juan Capistrano is named as additional insured as their interest may appear. A waiver of subrogation applies. WC 252(4-84) WC 04 03 06(Ed.4-84) Page 1 of 2 Client#:A RMAWEI ACORQ., CERTIFICATE OF LIABILITY INSURANCEDATE(MMOWYYYY) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION USl.of Southern California ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Lic#0351162"'818 971-5422(Suzan) HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PO Box 9004,Van Nuys,CA 91409 '10 days notice non-pay INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A. American Int'I Spec Lines Herman Weissker, Inc. INSURER B: National Union Fire 2631 S.Riverside Avenue INSURER c. American Home Assurance Bloomington,CA 92316 INsuRER D. Zurich/American Ins Group wsuRER E Arch Spec. Ins.Co. 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. POLICY EFFECTIVE POLICY EXPIRATION TR NO TYPE OFINSURANCE POLICY NUMBER DATE MM/DCT DATE MM/DD/YY LIMITS A GENERAL LIABILITY GL9332880 10/11/03 10/11/04 EACH OCCURRENCE $1000000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $50000 CLAIMS MADE F_X1 OCCUR MED EXP(My one Person) $5,000 x BFPD/XCU PERSONAL BADV INJURY $1000000 X COTILTHCIUHI GENERAL AGGREGATE rOOO GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG POLICY X j-O LOD B AUTOMOBILE LIABILITY CA8261523 10/11/03 10/11/04 COMBINED SINGLE LIMIT x ANY AUTO (Ea accident) X ALL OWNED AUTOS BODILY INJURY X SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY $ X NONOWNEDAUTOS (Perr accident)cadent) x Comp$1000 % COII$1000 PROPERTY DAMAGE $ (Per accidenp GAR AGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY'. AGG $ E NXCESSIUMBRELLALIABILITY 72ULP1270001 10/11/03 10/11/04 EACH OCCURRENCE $10000000 OCCUR ❑CLAIMS MADE AGGREGATE $111 000 000 DEDUCTIBLE $ RETENTION $$10,000 $ C WORKERS COMPENSATION AND WC6435957 10/11/03 10/11/04 % I WcsTATIT,U- JE OTH- EMPLOVERS'LIABILITY E.L.EACH ACCIDENT $1,000 000 ANY PROPRIETOPPARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? E .DISEASE-EA EMPLOYEE $1000000 It SPECIAL PROVISIONS beIOw I I EL DISEASE-POLICY LIMIT $1000000 D OTHER Equipment MCP455064201 10/11/03 10/11/04 $500,000/$10,000 Ded Leased/Rented pESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: All Operations Certificate Holder and ECO Capistrano Valley,Inc,are named as additional insureds per primary endorsement CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TME EXPIRATION City of San Juan Capistrano DATE THEREOF,THE ISSUING INSURER WILL XMNMRXXR MAIL -an DAYS WRITTEN 32400 Paseo Adelanto NOTICE TO THE CERTIFICATE HOLDER NAMED TO TME LEFr,AAAXM�A San Juan Capistrano,CA 92675 ]NMKNRIDAWAXARKN]tXkXXAX3VXAXXXRMMXAIWCIWBIIMKXXAX7[MMXx AExxximtRwmxx AUTHORIZED REPRESENTATIVE ACORD 25(2001/08)1 of 2 #M202605 KLN o ACOAD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S(2001/08) 2 of 2 NM202605 POLICY NUMBER: GL9332880 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 and ECO Capistrano Valley, Inc. Re: All Operations (If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. PRIMARY CLAUSE ENDORSEMENT: It is further agreed that such insurance as is afforded by this policy for the benefit of the Additional Insured shown shall be primary insurance,but only as respects to any claim,loss or liability arising out of the operations of the Named Insured and any other insurance maintained by said Additional Insured shall be non-contributing. CG 20 10 11 85 Copyright Insurance Services Office, Inc. 1984 0 0 CALIFORNIA PRELIMINARY NOTICE 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 San Juan Basin Auth Desalter Project YOU ARE HEREBY NOTIFIED THAT,:: 32470 Paseo Adelanto Atkinson Grading&Equipment Rental,Inc. CONSTRUCTION LENDER or (name of person or tum furnishing labor,services,equipment or Reputed Construction Lender, if any material) 4592 Orion St Huntington Beach,Ca. 92649 (address of person or firm furnishing labor,services,equipment or material) has furnished or will furnish labor,services,equipment or materials of the following general description: OWNER OR PUBLIC AGENCY (Reputed Owner on private work or Public Agency on Public Asphalt Grading&Paving Work) for the building,structure or other work of improvement located at: Capistrano Valley Water District San Juan Basin Auth Desalter Project 332400 Paseo Adelanto San Juan Capistrano, CA 92675 The name of the person or I=who contracted for the purchase of such labor,services,equipment or material is: ORIGINAL CONTRACTOR Eco Resources Inc. D o (Reputed Contractor, if any) z c :0 Air estimate of the total prie la servfn,equipment or ECO Resources Inc. materials furnished or to beed n 32234 Paseo Adelanto, Suite D t i San Juan Capistrano, CA 92675 The person or Earn giving this2oce isrzq aired;pursuant to a SUBCONTRACTOR into bargaining agreemeuQ io pay s3Gpplen$'fflal fringe benefits into an express trust fund,sairaind is i4otifred0follows: (with whom claimant has contracted) w Operating Engineers Trust p N Construction Laborers Trust Fond NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor,services,equipment or materials furnished or to be furnished, a mechanic's lien leading to the loss,through court foreclosure proceedings,of all or part of your property being so improved may be placed against the property even though you have paid your contractor in fall. You may wish to protect yourself against this consequence by(1) requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor or(2)any other method or device that is appropriate under the circumstances. Dated: 7/6/04 Signed: n Off. Manager 0 0 CALIFORNIA PRELIMINARY 20-DAY NOTICE (Public and Private Works) This is not a lien. This is not a reflection on the integrity of any contractor or subcontractor, but the notice prescribed in accordance with Section 3097 and 3098,California Civil Code RECEIVED 1. The following is a general description of the labor,service,equipment or 2004 JUN I I m43ria3ju3,i Thad or to be furnished by the undersigned: LABOR AND MATERIALS Owner or Reputed Owner PUBLIC AGENCY SAN JU A.P1 CC0?Wj+H Pj4(3 of the total price of the labor,services,equipment or (on private work) (on public work) materials furnished or to be furnished is: CAPISTRANIO VALLEY WATER DISTRICT 3,000.00 Estimated 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 3. The name of the person firm that has furnished or will furnish labor, services,equipment or materials is: 7004-0550-0001-5556-0232 PAVEMENT RECYCLING SYSTEMS P.O. Box 1266 LENDER/SURETY`"' Riverside, CA 92502-1266 NONE REPORTED PRS JOB NOs } R406694 4. The name of the person or firm who contracted for the purchase of such labor,services,equipment or materials: GENERAL CONTRACTOR"" ATKINSON GRADING& EQUIP RENT ECO RESOURCES, INC/ECO CAPISTRANO VALLEY 4592 ORION STREET 32234 PASEO ADELANTO, SUITE D HUNTINGTON BEACH, CA 92649 SAN JUAN CAPISTRANO, CA 92675 5. The description of the building,structure or other work of improvirent is: SAN JUAN BASIN AUTHORITY DESALTER PROJECT 32470 PASEO ""CUSTOMER.... ADELANTO SAN JUAN CAPISTRANO,CA 92675 ATKINSON GRADING&EQUIP RENT The Person or firm giving this notice is required,pursuant to a collective bargaining agreement,to pay supplemental fringe benefits to an express trust fund(described in Civil Code 3111). Said funds are identified as follows: 4592 ORION STREET Operating Engineers Local#12,Construction Laborer's Trust,Laborer's HUNTINGTON BEACH, CA 92649 Benefit Fund NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor,services,equipment or materials furnished or to be furnished,a mechanic's lien leading to the loss,through court foreclosure proceedings,of all or part of the property being so improved may be placed against the property even though you have paid the 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 payment to your contractor or(2)any other method or device that is appropriate under the circumstances. Other than residential homeowners of dwellings containing fewer than five units,private project owners must notify the original contractor and any lien claimant who has provided the owner with a preliminiary 20-day lien notice in accordance with Section 3097 of the Civil Code that a notice of completion or notice of cessation has been recorded within 10 days of its recordation. Notice shall be by registered mail,certified mail,or first class mail,evidenced by a certificate of mailing. Failure to notify will extend the deadlines to record a lien. PAVEMENT RECYCLING SYSTEMS 6/8/2004 Lori Davis (909)682-1091 ext. 220 Preliminary Notice Clerk PROOF OF SERVICE MY MAIL AFFIDAVIT 1 declare that I served a copy of the above document,and any related documents,by(as required by law)first-class,certified or registered mail, postage prepaid,addressed to the above parties,at the addresses listed above. I declare under penalty of perjury that the foregoing is true and correct. Executed at Riverside, CA. Lori Davis (909)682-1091 ext. 220 6/8/2004 nVA I fa Preliminary Notice Clerk 0 0 CALIFORNIA PRELIMINARY NOTICE 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 San Juan Basin Auth Desalter Project YOU ARE HEREBY NOTIFIED THAT- 32470 Paseo Adelanto Atkinson Grading&Equipment Rental,Inc. CONSTRUCTION LENDER or (name of person or firm furnishing labor,services,equipment or Reputed Construction Lender, if any rnatenal) 4592 Orion St. Huntington Beach,Ca. 92649 (address of person or firm furnishing labor,services,equipment or material) has furnished or will furnish labor,services,equipment or materials of the following general description: OWNER OR PUBLIC AGENCY (Reputed Owner on private work or Public Agency on Public Asphalt Grading&Paving Work) for the building,structure or other work of improvement located at: Capistrano Valley Water District San Juan Basin Auth Desalter Project 332400 Paseo Adelanto San Juan Capistrano, CA 92675 The name of the person or firm who contracted for the purchase of such labor,services,equipment or material is'. ORIGINAL CONTRACTOR Eco Resources Inc. y o (Reputed Contractor, if any) z c its An estimate of the total pri e labor.seryM,equipment or ECO Resources Inc. materials furnished or to be- 32234 Paseo Adelanto, Suite D San Juan Capistrano, CA 92675 The person or from giving this-n¢tice is air pursuant to a SUBCONTRACTOR collective bargaining agreern So pay sibpplen i al fringe benefits into an express trust fund,saic urd is i4ghtifiedwfollows: (with whom claimant has contracted) w Operating Engineers Trust o lV Construction Laborers Trust Fond NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor,services,equipment or materials furnished or to be furnished,a mechanic's lien leading to the loss,through court foreclosure proceedings,of all or part of your property being so improved may be placed against the property even though you have paid your contractor in full. You may wish to protect yourself against this consequence by(1) requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor or(2)any other method or device that is appropriate under the circumstances. Dated: 7/6/04 6 Signed:/ Mgwatis Off. Manager 0 0 CALIFORNIA PRELIMINARY 20-DAY NOTICE (Public and Private Works) This is not a lien. This is not a reflection on the integrity of any contractor or subcontractor, but the notice prescribed in accordance with Section 3097 and 3098,California Civil Code RECEIVED 1. The following is a general description of the labor,service,equipment or 1004 JUN I I mfilaYuTfIned or to be furnished by the undersigned: LABOR AND MATERIALS Cil"f Ci.::. (;t Owner or Reputed Owner PUBLIC AGENCY S AN JU A,N C PA'4�1$$St!yb@ of the total price of the labor,services,equipment or (on private work) (on public work) materials furnished or to be furnished is: CAPISTRANIO VALLEY WATER DISTRICT 3,000.00 Estimated 32400 PASEO ADELANTO 3. The name of the person or firm that has furnished or will furnish labor, SAN JUAN CAPISTRANO, CA 92675 services,equipment or materials is: 7004-0550-0001-5556-0232 PAVEMENT RECYCLING SYSTEMS P.O. Box 1266 LENDER/SURETY""` Riverside, CA 92502-1266 NONE REPORTED PRS JOB NO R406694 -��- 4. The name of the person or firm who contracted for the purchase of such labor,services,equipment or materials: GENERAL CONTRACTOR.... ATKINSON GRADING & EQUIP RENT ECO RESOURCES, INC/ECO CAPISTRANO VALLEY 4592 ORION STREET 32234 PASEO ADELANTO, SUITE D HUNTINGTON BEACH, CA 92649 SAN JUAN CAPISTRANO, CA 92675 5. The description of the building,structure or otherwork of improvment is: SAN JUAN BASIN AUTHORITY DESALTER PROJECT 32470 PASEO CUSTOMER"" ADELANTO SAN JUAN CAPISTRANO,CA 92675 ATKINSON GRADING& EQUIP RENT The Person or firm giving this notice is required,pursuant to a collective bargaining agreement,to pay supplemental fringe benefits to an express trust fund(described in Civil Code 3111). Said funds are identified as follows: 4592 ORION STREET HUNTINGTON BEACH, CA 92649 Operating Engineers Loral#12, Construction Laborer's Trust, Laborer's Benefit Fund NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor,services,equipment or materials furnished or to be furnished,a mechanic's lien leading to the loss,through court foreclosure proceedings,of all or part of the property being so improved may be placed against the property even though you have paid the 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 payment to your contractor or(2)any other method or device that is appropriate under the circumstances. Other than residential homeowners of dwellings containing fewer than five units,private project owners must notify the original contractor and any lien claimant who has provided the owner with a preliminiary 20-day lien notice in accordance with Section 3097 of the Civil Code that a notice of completion or notice of cessation has been recorded within 10 days of its recordation. Notice shall be by registered mail,certified mail,or first class mail,evidenced by a certificate of mailing. Failure to notify will extend the deadlines to record a lien. PAVEMENT RECYCLING SYSTEMS 6/8/2004 Lori Davis (909)682-1091 ext. 220 Preliminary Notice Clerk PROOF OF SERVICE MY MAIL AFFIDAVIT I declare that I served a copy of the above document,and any related documents,by(as required by law)first-class,certified or registered mail, postage prepaid,addressed to the above parties,at the addresses listed above. I declare under penalty of perjury that the foregoing is true and correct. Executed at Riverside, CA. Lori Davis (909)682-1091 ext. 220 6/8/2004 Xn Preliminary Notice Clerk IbL / I PRELIMINARY 20-DAY NOTICE(PUBLIC WORT Ca is Civil Code Sections 3098,3111,3241 &325 eq. THIS IS NOT A LIEN.THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR TO:OWNER 1.The following is a general description of OR REPUTED OWNER the labor,service,equipment or materials CAPISTRANO VALLEY WATER DIST. furnished or to be furnished by the undersigned: 32400 PASEO ADELANTO labor San Juan Capistrano,CA 92675 TO:ORIGINAL CONTRACTOR 2.Estimated Price:$8,500.00 OR REPUTED CONTRACTOR 3.The name of the person who furnished that labor,service, ECO RESOURCES equipment or materials is: 32234 PASEO ADELANTO,STE D Penhall Company San Juan Capistrano,CA 92675 1801 Penhall Way Anahein•. � A 92801 TO: LENDER,SURETY OR 4.The acme of the person who contracted for purchase of BONDING COMPANY that labor,service,equipment or material is: LIBERTY MUTUAL IINSURANCE CO. A R B CONST^l IMON v' 505 S.MAIN ST.,STE 830 26000 COMMERCENTRE DR ORANGE,CA 92868 LAKE FOREST,CA -9263 c r; c rn Acct/Bond#24015060 5.The description of the;obsite is: �=—_ r n 32470 PASEO ADEi.ANTO n No rn &VARIOUS WELL!PIPELINE LOCATIM San Juan Capistrano,CA -APN#:1436�W-' D rfl VERIFICATION S7? C:) I declare that I am authorized to file this PRELIMINARY 20-DAY NOTICE(PUBLIC WORK) on behalf of t11 claim' I have read the fore g document and know the contents thereof; the same is true of my own knowledge. I declare un er penalty of perjury .nde the laws of the State of California that the foregoing is true and correct. Executed at Anaheim, California on 07/15 f r ENHALL COMPANY. By: Phone:(714)772-6450 Fax:(714)778.6787 Desiree Wall,Credit Admin PROOF OF SERVICE BY MAIL AFFIDAVIT I, Desiree Wall d Tare that I served copies of the above PRELIMINARY 20-DAY NOTICE (PUBLIC WORK) By First Class Certified Retur Re eipt Requested or Registered Mail service, postage prepaid, addressed to each of the parties at the addresses sh n a ave on 07/15/2004. I declare under penalty of perjury under the laws of the State of California that the foregoing is ue correct By: Desiree Wall Title: Exec�rted at Anaheim,California on 07/15/2004. ` NOTICE TO PRIME OR GENERAL CONTRACTOR THIS IS NOT A LIEN. THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR, the undersigned has entered into a contract to perform labor or furnish materials for the above-described public project, and will look to you and your sureties for payment if the person ordering such materials and labor fails to pay for them. 141/K � ( V du1 Penhall Company 1801 Penhall Way Anaheim,CA I - 92801 i tI 7 ,00 6: 19 2640 2534 500.5 FETURN F E'.CUP'r REQUESTED CAPISTRANO VALLEY WATER DIST. 32400 PASEO ADELANTO San Juan Capistrano, CA 92675 =.2 yrs+ae.a�s e2 IL1, ,,LLIi,III,d,6I„,8,still N,,,,,IL16„IL,J,1„i .rRf+iEt441,iL NUMBER CA 8FORMIA ? in accordance with sections 7100 6309 2640 3183 3176 309d+California Civil Code THIS ISNOT A LIEN. This Is NOT a reflection on the imegrity of any contractor or subcontractor. Youarehereby nf-ootified that: ,_4Kt !' �f has furnished or will furnlshiA, ti-:r++iaa. equipment or material of the following general description: t �Q� �Y _ f-)r bcileing structure,or other work of improvement 1 tietb ft �f i_i It .' located at " ' - - � � rytL, The %yho G acted for the purchase of such?[t0servb;es,equipment or material furnished is SAM JGt� An estimate of th total ria of the I bar,services, equlpf�bn�&'R1ig jq l is, NOTICE TO PROPERTY OWNER o %i•1tlh<�"-� N bills are not paid n full for the labor,services,equipment,or materials tarnished or to be lumisaed.a mechames lien leading to the loss,through coon foreclosure proceedings. of all or part IX you,property being so improved may be prated against the property even •h "r+;d:ri l-'Dt,f+i E`1 4 41 `,'S I though you have paid year contractor in ma.You may wish to protect youtaeN against this consequence by 5 j notice egg your songaetor to FwrosF a signed rekasa by d+e person ,"'t ti t faC>F}U, .I� ''`' or firm glvinp you i"s notice before makipg payment to your contractor,or 12)any other `- method or devWl that is appiepriue un r the circumstances.Other than res.tlen6.1 hmneowriers of dwellings cordamung fewer than five units,private pproiaet owners must s nordy the 0, mal contractor ami any gain claimant who has Wooded the owner with a .� r&;'y ! k ''1`tJE�P'i Si!3t+'t"T y f g y x pmkminary?ploy lien notice in accordance with Section 3097 M the Cwd Code that a u' notice of tompiation or notice of besseli0n Fay been rMVA �wdhis,70 dey; recordation.Notice shah be by registered mail,certified mail;Mtadt-ltasa'dia9:stadldpk'M by a certificate of mailing Failure to notify will extend the deaWines to retard a lien. t r �.�._r tt{=,I{7PIf=�Kss �.. / � �`� . .,.kt.'- f';4.7��vk.lr :'(L)IdEk a"tiny ? 1r�tiP+ C�iIN 1RUCI lura LIJ `.Pi;, d=1�.' t rely+r . Sit✓L, 4 ' feEl x of"t7 rHd tT Eff t. t. . -A 900 1 Wf _ N.�I_.; ,p 4'tif"1` SNWi�'r":r fl• 4:'to 7+.. :.�„„;::i..l is • •ac...•..r:.tn,. :,�Vail.aatah. --.q...,�. POSTMAN DELIVER THIS ENVELOPE TO ADDRESS ON REVERSE SIDE IF CAMORNIA PRELIMINARY NWICE 03227 IN ACCORDANCE WITH SECTION 3097 AND 3098, CALIFORNIA CIVIL CODE THIS IS NOT A LIEN, THIS IS NQT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR YOU ARE HEREBY NOTIFIED THAT. . . RECEIV t Q DAMON CONST. CO. (JOB #950) G_ (name of person or firm furnishing labor, services, equipment or CONSTRUCTION LENDER or material) Repute)JJ nelhbriP4LeJNef�f }j 8851 WATSON STREET JlUO4 M (address of person or firm furnishing labor, services, C. L. CYPRESS, CA 90630-2243 NONE REPORTED SAN JUAid C,". {$7 fthl,l� equipment or material) has furnished or will furnish labor, services, equipment or materials of the following general description: CONCRETE AND APPURTENANT ITEMS (general description of the labor, services, equipment or CONTINUOUS SERVICE AGREEMENT material furnished or to be furnished) for the building, structure or other work of improvement • located at: 32470 PASEO ADELANTO (address or description of job site OWNER or PUBLIC AGENCY SAN JUAN CAPISTRANO, CA 92675 or Reputed Owner (on public work) sufficient for identification) (on private work) CONSTRUCTION OF DESALTER PROJECT The name of the person or firm who contracted for the purchase of such labor,services,equipment or material is: CAPISTRANO VALLEY WATER DISTRICT : 32400 PASEO ADELANTO ARE, INC. SAN JUAN CAPISTRANO, CA 92675 JOB 111436340 An estimate of the total price of the labor, services equipment or materials furnished or to be furnished is: UNIT PRICE: APPROX. $50,000.00 Attention: Subcontractors Section 3091 requires that if you give this notice and you have failed to pay all compensation due to your laborers an me job,Nis notice shall also contain the ORIGINAL CONTRACTOR or idently and adorers of any laborer and any express trust fund to whom employer Reputed Contractor, if any payments are due. NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor,services,equip- ment, or materials furnished or to be furnished, a mechanic's lien leading to the loss, through court ECO RESOURCES foreclosure proceedings,of all or part of your property 32234 PASEO ADELANTO, SUITE D being so improved may be placed against the property SAN JUAN CAPISTRANO, CA 92675 even though you have paid your contractor to 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 mailing payment to your contractor or 2)any other method or device that is appropriate under t circumstances.Other than residential homeowners of dwellingst otng fewer than five units,private project owners mususn t notify the original contractor and any lien claimant who has UBCONTRACTORwithwhom cla' ani {Y,fi Provided the owner with a preliminary20-daylien notice as Contracted in accordance with Section 3097 of the Civil Code that a notice of completion or notice of cessation has been recorded within 10 days of its recordation.Notice shall he by registered mail, certified mail, or first-class mail, evidenced by a certificate of mailing.Failure to notify will ARB, INC. extend the deadlines to record a lien. 26000 COMMERCENTRE DRIVE Dated: 5-1 a--0L+ LAKE FOREST, CA 92630 signature G T ANN RULLO (title)PRESIDENT 14 995-5490 Telephone Number I-) This form(No.594C Revised 1-1-2004)@Copyrighted by and distributed through BUILDING INDUSTRY CREDIT ASSOCIATION(213)251,1100 'J ACCORDANCE WITH SECTIONS 3097 AND :ALIFORNIA CIVIL CODE THIS IS NOT A LIEWTHI - ' NOT A REFLECTION ON THE INTEGRITY OF ANY ONTRACTOR OR SUBCONTRACTOR. OU ARE HEREBY NOTIFIED THAT.., . $ tqt RECEIVED m Adi t a� mato A il� g sr. �' = $g 0, 1004 JUN 22 amu,. ����k� e s � r . f NAME AND ADDRESS OF PERSON OR FIRM FURNISHING LABOR,SERVICES,EQUIP OR MATERIALS CALIFORNIA PRELIMINARY NO IGA 6'} ' "_..,-i" f has furnished or will furnish labor, services, equipment or ff��ff ''tt \C` ( tt 1 J {�j\\C`Q(� materials of the following description: LENDER(REPUTED) O NA CONY kP.CIC�fi(F2EF'UTED) C" sphal,t.:ic Conr.rert.F !Ac}t7ret7.atta NI:INI'. F'E:F'C.1f•'IF ID F:(:'O F:LSOURCII INClECO CAP Rrc:bk:/i_r: bor/ "'"''T'4 I-•A)FI) ADF:L..ANYO £)"Tf F_':gt.t.i.(able-.int. ar. k;....(::ca:�"k 8. 926`!:`. SAPI ;ILIAN CAF>I�0 CA 926%5 F•'EJt.P t7tlt:A t. OWNER(REPUTED)OR PUBLIC AGENCY SUBCONTRACTOR WITH WHOM CLAIMANT CONTRACTEE I for building,structure or other work of improvement located at CAP I S RANO VAI—I E.Y WA I F:R 3 SAN JUAN/OF:SAL.-IFrIR PROD "'40t) 1'fd£iF:I:) ADIFI-ANIT) j 2470 F•A43Ii{:0 ADFI...A(\!11) l3AN J(1AN C;AI-''Tf'T' CA 926-75 SAN JI:: AN APIST c T.C.N., # 2:'>f;':eSE:; Tract. No..C149EI0 m � 4 Name of person or firm who contracteq for purchase of g such labor,services,equipment or materials is o 'r 4TklN.5-30N (31RADW % VOUtP R E 4592 ORION ! _ 1UN T :I.NCA:ON ]HE:CA`.-!645+ CPN PREPARED BY: An estimate of the total price of the labor,services,equipment w-M-1ARON RAY 06/17/2004 or material is S SIGNATURE'. 11 pp 17 (t,,00„0�0T( ( TO: }kkl''fG1i'�S Io�N§15IF"j5 ple7 ?AIlwJrnge(Tie#fiQI'a Q' + payable. CAF,1i`0RAN(,') VAI...L..E":Y WATER 2404 F'A%.iEO ADF:L.APd'ro E3AN JUAN CAP:I:ST CA 92675 iira�� . `" POSTMAN DELIVER THIS ENVELOPE TO ADDRESS ON REVERSE SIDE Dated: 05/04/04 CA285430 7114 7389 6621 0814 3047 CALIFORNIA PRELIMINARY NOTICE In accordance with sections 3097 and 3098, California Civil Code This is not a Lien, This is not a reflection on the integrity of any contractor or subcontractor Reputed Owner 1 -You are hereby notified that 05/04/04 CA285430 TRENCH PLATE RENTAL CAPISTRANO VALLEY WATER 16332 CONSTRUCTION CIRCLE WEST DISTRICT IRVINE CA 92606 32400 PASEO ADELANTO 2-Has furnished or will furnish labor, SAN JUAN CAPISTRANO CA 92675 services,equipment,or materi*of the following general descripti li o RENTAL EQUIP, LABOR& Reputed Construction Lender or Lessee TRANSPORTATION r. a >_ s C-) CO# DESALTER PROJECT 3 -An estimate of the total pric"Ahe M BOND#24015060/LIBERTY MUTUAL labor,services,equipment,or r ratarials INS CO/505 S MAIN ST#830 furnished or to be furnished is:— D < ORANGE CA 92868 $5,000.00 Reputed Original Contractor o 4-The building,structure or other work of ECO RESOURCES improvement is located at: 32234 PASEO ADELANTO #D 1011-420013 SAN JUAN CAPISTRANO CA 92675 DESALTER PLANT/RAMOS ST & PASEO ADELANTO/32470 A.D.C. UNKNOWN PASEO ADELANTO/SAN JUAN CAPISTRANO CA 92675 NOTICE TO PROPERTY OWNER 5-The name of the person or firm who contracted IF BILLS ARE NOT PAID IN FULL FOR THE LABOR, SERVICES, for the purchase of such labor,services, EQUIPMENT, OR MATERIALS FURNISHED OR TO BE equipment or material is: FURNISHED,A MECHANICS' LIEN LEADING TO THE LOSS, HERMAN WEISSKER THROUGH COURT FORECLOSURE PROCEEDINGS,OF ALL 2631 S RIVERSIDE AVE OR PART OF YOUR PROPERTY BEING SO IMPROVED MAY BLOOMINGTON CA 92316 BE PLACED AGAINST THE PROPERTY EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL. YOU MAY WISH 6-Name and address of Trust Funds to which TO PROTECT YOURSELF AGAINST THIS CONSEQUENCE BY Supplemental Fringe Benefits are payable (1) REQUIRING YOUR CONTRACTOR TO FURNISH A RELEASE (if applicable,: SIGNED BY THE PERSON OR FIRM GIVING YOU THIS NOTICE BEFORE MAKING FINAL PAYMENT TO YOUR CONTRACTOR OR(2)ANY OTHER METHOD OR DEVICE THAT IS APPROPRIATE UNDER THE CIRCUMSTANCES. OTHER THAN RESIDENTIAL HOMEOWNERS OF DWELLINGS CONTAINING FEWER THAN 5 UNITS, PRIVATE PROJECT OWNERS MUST 7 -Jobsite is Federal Public Work Title 40 USC NOTIFY THE ORIGINAL CONTRACTOR AND ANY LIEN Sec. 270A-270E. CLAIMANT WHO HAS PROVIDED THE OWNER WITH A Contract# PRELIMINARY 20-DAY LIEN NOTICE IN ACCORDANCE WITH Bond Co: SECTION 3097 OF THE CIVIL CODE THAT A NOTICE OF COMPLETION OR NOTICE OF CESSATION HAS BEEN RECORDED WITHIN 10 DAYS OF ITS RECORDATION. NOTICE SHALL BE BY REGISTERED MAIL, CERTIFIED MAIL,OR FIRST- CLASS MAIL, EVIDENCED BY A CERTIFICATE OF MAILING. Signed FAILURE TO NOTIFY WILL EXTEND THE DEADLINES TO Authorized Agent RECORD LIEN. 04 Construction Notice services,In 1-600-366.5660 0 • License# 807306 (ND20260-01) CALIFORNIA PRELIMINARY 2043AY NOTICE In accordance with sections 3097 and 3098, California Civil Code THIS IS NOT A LIEN. THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR. You are hereby notified that Northern Digital,Inc. 4520 Califomia Ave,Suite 200 Bakersfield,CA 93309 has furnished or will furnish labor, service, equipment or material of the following general description and an estimate of the total price thereof: ECO Capistrano Valley Desalter Pro)ect-Strawberry.Hill Pump Station $26,308.00 Plus Extras for building structure, or other work of improvement located at: 32470 Paseo Adelanto San Juan Capistrano,CA 92675 The name of the person or firm who contracted for the purchase of such labor, services, equipment or material furnished or to be fumished is: ARB 26000 Commercentre Dr. Lake Forest, CA 92630 ARB Job No. 1436340 GENERAL CONTRACTOR(or reputed) LENDER/SURETY(or reputed) ECO Resources San Juan Basin Authority Lease Revenue Bonds 32234 Paseo Adelanto, Suite D BNY Trust Company San Juan Capistrano CA 92675 700 South Flower St. y Los Angeles CA 90017 z 77 M OWNERIREPUTED OWNER LEASE HOLD OWNER or TRW FURD Capistrano Valley Water District r�T 32400 Paseo Adelanto - G San Juan Capistrano, CA 92675 `0 n z PROOF OF SERVICE AFFIDAVIT: The undersigned served copies of thisPrelim ni ary 20-Day Notice by first class registered or certified mail postage prepaid, on the persons and at the address shown on: (Date) -7, ) - i `I I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated: 3 - ) - J '-I Signature: Oe Telephone numbers, voice and fax: 661-322-6044 661-322-1209-fax NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor, services, equipment or materials furnished or to be furnished, a mechanics lien leading to the loss, through court foreclosure proceedings, of all or part of your property being so improved may be placed against the property even though you have paid your contractor in full. You may wish to protect yourself against this consequence by (1) requiring your contractor to furnish a signed release from the person or firm giving you this notice before making payment to your contractor or(2) any other method or device that is appropriate under the circumstances. THIS STATEMENT IS APPLICABLE TO PRIVATE WORKS ONLY. BEFORE YOU USE THIS FORM,FILL IN ALL BLANKS,AND MAKE WHATEVER CHANGES ARE A.PPROPPiATE PAID NECESSAP.Y TO YOUR PARTICULAR TRANSACTION. CONSULT A LAWYER IF YOU DOUBT THE FORM'S FITNESS FOR YOUR PURPOSE AND USE. W W W.THECONTRACTORSGROUP.COM MAKES NO REPRESENTATION OR WARRANTY,EXPRESS OR IMPLIED,WITH RESPECT TO THE MERCHANTABILITY OR FITNESS OF THIS FORM FOR AN INTENDED USE OR PURPOSE. PRLM-001 REV.05-02 X A-m im l ra,44� o�� 0 • License# 807306 (ND20260-00) CALIFORNIA PRELIMINARY 20-DAY NOTICE In accordance with sections 3097 and 3098, California Civil Code THIS IS NOT A LIEN. THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR. You are hereby notified that Northem Digital Inc. 4520 California Ave Suite 200 Bakersfield CA 93309 has furnished or will furnish labor, service, equipment or material of the following general description and an estimate of the total price thereof: ECO Capistrano Valley Desalter Proiect-Radio/Telemetry System $39,169.00 PIDS Extras for building structure, or other work of improvement located at: 32470 Paseo Adelanto San Juan Capistrano,CA 92675 The name of the person or firm who contracted for the purchase of such labor, services, equipment or material furnished or to be furnished is: ARB 26000 Commercentre Dr. Lake Forest,CA 92630 ARB Job No. 1436340 GENERAL CONTRACTOR(or reputed) LENDERISURETY(or reputed) ECO Resources San Juan Basin Authority Lease Revenue Bonds 32234 Paseo Adelanto Suite D BNY Trust Company San Juan Capistrano CA 92675 700 South Flower St. _Los Angeles CA 90017 Im A O Z O "rr C /V OWNER/REPUTED OWNER LEASE HOLD OWNER or TRIW FU%p M Capistrano Valley Water District ='= x Cl) 32400 Paseo Adelanto n r n San Juan Capistrano CA 92675 - c,o=_ PROOF OF SERVICE AFFIDAVIT: The undersigned served copies of this;1 rmlimiaary 20-Day Notice by first class registered or certified mail postage prepaie, on thT persons and at the address shown on: (Date) --111 ) - (—; ,-I I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated: 3 3 1 - C 'T Signature: Telephone numbers, voice and fax: 661-322-6044 661-322-1209-fax NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor, services, equipment or materials furnished or to be furnished, a mechanics lien leading to the loss, through court foreclosure proceedings, of all or part of your property being so improved may be placed against the property even though you have paid your contractor in full. You may wish to protect yourself against this consequence by (1) requiring your contractor to furnish a signed release from the person or firm giving you this notice before making payment to your contractor or(2) any other method or device that is appropriate under the circumstances. THIS STATEMENT IS APPLICABLE TO PRIVATE WORKS ONLY. BEFORE YOU USE THIS FORM,FILL IN ALL BLANKS,AND MAKEWHATEVER CHANGES ARE APPROPRIATE AND NECESSARY TO YOUR PARTICULAR TRANSACTION. CONSULT A LAWYER IF YOU DOUBT THE FORM'S FITNESS FOR YOUR PURPOSE AND USE. W W W.THECONTRACTORSGROUP.COM MAKES NO REPRESENTATION OR WARRANTY,EXPRESS OR IMPLIED,WITH RESPECT TO THE MERCHANTABILITY OR FITNESS OF THIS FORM FOR AN INTENDED USE OR PURPOSE. PRI-M-001 REV.05-02 Am AM rJ 14 t �1 CALIFORNIA PRELIMINARY N•ICE In accordance with section 3097 and 3098, California Civil Code This is NOT a lien,this is NOT a reflection on the integrity of any contractor or subcontractor Construction of Desalicr Project 32470 Paseo Adelanto - San Juan Capistrano YOU ARE HEREBY NOTIFIED THAT... CONSTRUCTION LENDER or Atkinson Grading& Equipment Rental,Inc. Reputed Construction Lender, if any (name of person or firm furnishing labor,services,equipment or material) 4592 Orion St. Huntington Beach,Ca. 92649 (address of person or firm famishing labor,services,equipment or material) has furnished or will famish labor,services,equipment or materials OWNER OR PUBLIC AGENCY of the following general description: (Reputed Owner on private work or Public Agency on Public Work) Asphalt Grading& Paving Capistrano Valley Water District for the building,structure or other work of improvement located at: 32400 Paseo Adelanto San Juan Capistrano, CA 92675 San Juan Capistrano-ARB Job#1331119T The name of the person or firm who contracted for the purchase of such labor,services,equipment or material is'. ORIGINAL CONTRACTOR (Reputed Contractor, if any) ARB, Inc. ECO Resources An estimate of the total price of the labor,services,equipment or 32234 Pasco Adelanto, Suite D materials famished or to be furnished is: San Juan Capistrano, CA 92675 SUBCONTRACTOR The person or fum giving this notice is required,pursuant to a (with whom claimant has contracted) collective bargaining agreement,to pay supplemental fringe benefits into an express trust fund,said fund is identified as follows: AIB, Inc. Operating Engineers Trust 26000 Commercentre Dr. Construction Laborers Trust Fund Lake Forest, CA 92630 CD NOTICE TO PROPERTY OWNER M z If bills are not paid in full for the labor,services,equipment or ® materials furnished or to be furnished,a mechanic's lien leading to the loss,through court foreclosure proceedings,of all or part of your property being so improved may be placed against the _ property even[hough you have paid your contractor in full. You LUi 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 4 � a your contractor or(2)any other method or device that is tiQ appropriate under the circumstances. N Dated: 3/26/04 Signed: Title: Off. Manager �/ Hot '0111 • Dated: 03126/04 CA272053 7114 7389 6621 0785 9253 CALIFORNIA PRELIMINARY NOTICE In accordance with sections 3097 and 3098, California Civil Code This is not a Lien, This is not a reflection on the integrity of any contractor or subcontractor Reputed Owner 1 -You are hereby notified that 03/26/04 CA272053 BL WILCOX &ASSOCIATES CAPISTRANO VALLEY WATER PO BOX 829 DISTRICT WHITTIERCA 90608 32400 PASEO ADELANTO 2-Has furnished or will furnishJ16bor, SAN JUAN CAPISTRANO CA 92675 services,equipment,or materiasiaf a the following general descripticZ,. : s BUILDING MATERIALS V ?° Reputed Construction Lender or Lessee CO#DESALTER PROJECT3-An estimate of the total priceothe BOND#24015060/LIBERTY MUTUAL labor,services,equipment,or materials o INS CO/505 S MAIN ST#830 furnished or to be furnished is: o m ORANGE CA 92868 $1,421.81 Reputed Original Contractor 4-The building,structure or other work of ECO RESOURCES improvement is located at: 32234 PASEO ADELANTO#D SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO CA 92675 DESALTER PLANT 32470 PASEO ADELANTO A.D.C. UNKNOWN SAN JUAN CAPISTRANO CA 92675 NOTICE TO PROPERTY OWNER 5-The name of the person or firm who contracted IF BILLS ARE NOT PAID IN FULL FOR THE LABOR,SERVICES, for the purchase of such labor,services, EQUIPMENT, OR MATERIALS FURNISHED OR TO BE equipment or material is: FURNISHED,A MECHANICS' LIEN LEADING TO THE LOSS, A.R.B. THROUGH COURT FORECLOSURE PROCEEDINGS,OF ALL PO BOX 5166 OR PART OF YOUR PROPERTY BEING SO IMPROVED MAY LAKE FOREST CA 92630 BE PLACED AGAINST THE PROPERTY EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL. YOU MAY WISH 6-Name and address of Trust Funds to which TO PROTECT YOURSELF AGAINST THIS CONSEQUENCE BY Supplemental Fringe Benefits are payable (1) REQUIRING YOUR CONTRACTOR TO FURNISH A RELEASE (if applicable): SIGNED BY THE PERSON OR FIRM GIVING YOU THIS NOTICE BEFORE MAKING FINAL PAYMENT TO YOUR CONTRACTOR OR(2)ANY OTHER METHOD OR DEVICE THAT IS APPROPRIATE UNDER THE CIRCUMSTANCES. OTHER THAN RESIDENTIAL HOMEOWNERS OF DWELLINGS CONTAINING FEWER THAN 5 UNITS, PRIVATE PROJECT OWNERS MUST 7-Jobsite is Federal Public Work Title 40 USC NOTIFY THE ORIGINAL CONTRACTOR AND ANY LIEN Sec.270A-270E. CLAIMANT WHO HAS PROVIDED THE OWNER WITH A Contract# PRELIMINARY 20-DAY LIEN NOTICE IN ACCORDANCE WITH Bond Cc: SECTION 3097 OF THE CIVIL CODE THAT A NOTICE OF COMPLETION OR NOTICE OF CESSATION HAS BEEN RECORDED WITHIN 10 DAYS OF ITS RECORDATION. NOTICE SHALL BE BY REGISTERED MAIL, CERTIFIED MAIL,OR FIRST- CLASS MAIL, EVIDENCED BY A CERTIFICATE OF MAILING. Signed O FAILURE TO NOTIFY ILL EXTEND THE DEADLINES TO Authorized Agent RECO A L EN. Constru tion otice Services,I V 1-600-366-5660 • Dated: 04/15/04 CA278396 7114 7389 6621 0799 3445 CALIFORNIA PRELIMINARY NOTICE In accordance with sections 3097 and 3098, California Civil Code This is not a Lien, This is not a reflection on the integrity of any contractor or subcontractor Reputed Owner 1 -You are hereby notified that 04/15/04 CA278396 BL WILCOX &ASSOCIATES CAPISTRANO VALLEY WATER PO BOX 829 DISTRICT WHITTIERCA 90608 32400 PASEO ADELANTO 2-Has furnished or will furnish labor, SAN JUAN CAPISTRANO CA 92675 services,equipment, or materials of the following general description: BUILDING MATERIALS N Reputed Construction Lender or Lessee M CO# DESALTER PROJECT 3-An estimate of the total prig&the! n BOND#24015060/LIBERTY MUTUAL labor,services,equipment,ormiterials INS CO/505 S MAIN ST#830 furnished or to be furnished isP ORANGE CA 92868 $9,812.69 D < M Reputed Original Contractor Q ECO RESOURCES 4-The building,structure or other wor8f improvement is located at: — 32234 PASEO ADELANTO#D SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO CA 92675 DESALTER PLANT 32470 PASEO ADELANTO A.D.C. UNKNOWN SAN JUAN CAPISTRANO CA 92675 NOTICE TO PROPERTY OWNER 5-The name of the person or firm who contracted IF BILLS ARE NOT PAID IN FULL FOR THE LABOR, SERVICES, for the purchase of such labor,services, EQUIPMENT, OR MATERIALS FURNISHED OR TO BE equipment or material is: FURNISHED,A MECHANICS' LIEN LEADING TO THE LOSS, A R B THROUGH COURT FORECLOSURE PROCEEDINGS,OF ALL PO BOX 5166 OR PART OF YOUR PROPERTY BEING SO IMPROVED MAY LAKE FOREST CA 92630 BE PLACED AGAINST THE PROPERTY EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL. YOU MAY WISH 6-Name and address of Trust Funds to which TO PROTECT YOURSELF AGAINST THIS CONSEQUENCE BY Supplemental Fringe Benefits are payable (1) REQUIRING YOUR CONTRACTOR TO FURNISH A RELEASE (if applicable): SIGNED BY THE PERSON OR FIRM GIVING YOU THIS NOTICE BEFORE MAKING FINAL PAYMENT TO YOUR CONTRACTOR OR(2)ANY OTHER METHOD OR DEVICE THAT IS APPROPRIATE UNDER THE CIRCUMSTANCES. OTHER THAN RESIDENTIAL HOMEOWNERS OF DWELLINGS CONTAINING FEWER THAN 5 UNITS, PRIVATE PROJECT OWNERS MUST 7-Jobsite is Federal Public Work Title 40 USC NOTIFY THE ORIGINAL CONTRACTOR AND ANY LIEN Sec.270A-270E. CLAIMANT WHO HAS PROVIDED THE OWNER WITH A Contract# PRELIMINARY 20-DAY LIEN NOTICE IN ACCORDANCE WITH Bond Co: SECTION 3097 OF THE CIVIL CODE THAT A NOTICE OF COMPLETION OR NOTICE OF CESSATION HAS BEEN RECORDED WITHIN 10 DAYS OF ITS RECORDATION. NOTICE SHALL BE BY REGISTERED MAIL, CERTIFIED MAIL,OR FIRST- CLASS MAIL, EVIDENCED BY A CERTIFICATE OF MAILING. Signed FAILURE TO NOTIFY WILL EXTEN THE DEADLINES TO Authorized Agent Y` RECORD A LIEN. Construction Notice Services,'Inc. I, 1 1 11.800-366.5660 THIS IS NOT A LIEN. THIS NOTICE IS—GIVEN CALIFORNIA PURSUANT TO SECTIONS 3097 AND 3098, PRELIMINARY CALIFORNIA CIVIL CODE. THIS IS NOT NOTICE A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR. 7683 7108 1800 8317 6834 5022 D67942 45 YOU ARE HEREBY NOTIFIED THAT... STANDARD CONCRETE PRODUCTS INC 3422 OWNER or Reputed Owner(on private work) 021 P O BOX 15326 or PUBLIC AGENCY(on public work) SANTA ANA CA 92735-5326 CAPISTRANO VALLEY WATER DISTRICT N 32400 PASEO ADELANTO D o SAN JUAN CAPISTRANO CA 92675 has furnished or will furnish labor,serv(ces,equipment or materials of the following general desc '6n: v DB1423 READY MIX CONCRETE AND/OR— N BUILDING MATERIALS o CONSTRUCTION LENDER or 'D Reputed Construction Lender,if any. for the building,structure or other work%f improvgngnt located at: NONE/BOND#24015060/13OND CO: "CAPISTRANO VALLEY WATEIFbISTRIi9?" LIBERTY MUTUAL INS CO 32470 PASEO ADELANTO 505 S MAIN ST#830 SAN JUAN CAPISTRANO CA ORANGE CA 92868 (VARIOUS WELLS&PIPELINES THROUGHOUT CITY)C# 143-634-0-018 ORIGINAL CONTRACTOR or 03 Reputed Contractor,if any. 949-218.7714 An estimate of the total price of the labor,services, ECO RESOURCES equipment or materials furnished or to be furnished is: 32234 PASEO ADELANTO SAN JUAN CAPISTRANO CA 92675 $ 6,804.00 Trust Funds to which Supplemental Fringe Benefits are payable: SUB CONTRACTOR/person or firm who contracted for the purchase of such labor,services,equipment or materials is: 909-468-0525 SMITH MASONRY INC,FRANK S 2830 POMONA LVD POMONA CA 91768 OTHER INFORMATION,if any. BOND FINANCED: SAN JUAN BASIN AUTHORITY LEASE REVENUE BONDS BNY TRUST CO 700 S FLOWER ST LOS AN ELES CA 90017 6 A ent Dated: 04/19/2004 (Signature) (Title) l 1 2004 R NOTICE PROPS OWNER IF BILLS ARE NOT P IN FULL FOR THE LABOR,SERVICES, EQUIPMENT,OR MATERIALS FURNISHED OR TO BE FURNISHED,A MECHANIC'S LIEN LEADING TO THE LOSS,THROUGH COURT FORECLOSURE PROCEEDINGS,OF ALL OR PART OF YOUR PROPERTY BEING SO IMPROVED MAY BE PLACED AGAINST THE PROPERTY EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL. YOU MAY WISH TO PROTECT YOURSELF AGAINST THIS CONSEQUENCE BY(1)REQUIRING YOUR CONTRACTOR TO FURNISH A SIGNED RELEASE BY THE PERSON OR FIRM GIVING YOU THIS NOTICE BEFORE MAKING PAYMENT TO YOUR CONTRACTOR OR(2) ANY OTHER METHOD OR DEVICE THAT IS APPROPRIATE UNDER THE CIRCUMSTANCES. OTHER THAN RESIDENTIAL HOMEOWNERS OF DWELLINGS CONTAINING FEWER THAN FIVE UNITS,PRIVATE PROJECT OWNERS MUST NOTIFY THE ORIGINAL CONTRACTOR AND ANY LIEN CLAIMANT WHO HAS PROVIDED THE OWNER WITH A PRELIMINARY 20-DAY LIEN NOTICE IN ACCORDANCE WITH SECTION 3097 OF THE CIVIL CODE THAT A NOTICE OF COMPLETION OR NOTICE OF CESSATION HAS BEEN RECORDED WITHIN 10 DAYS OF ITS RECORDATION. NOTICE SHALL BE BY REGISTERED MAIL,CERTIFIED MAIL,OR FIRST-CLASS MAIL,EVIDENCED BY A CERTIFICATE OF MAILING. FAILURE TO NOTIFY WILL EXTEND THE DEADLINES TO RECORD A LIEN. PROOF OF SERVICE BY MAIL AFFIDAVIT I,Cindee Wood,declare that I served copies of the above PRELIMINARY 20-DAY NOTICE(PRIVATE WORK/PUBLIC WORK)by First Class Certified or Registered Mail service,postage prepaid,addressed to each of the parties at the addresses shown above on 04/19/2004. 1 declare under penalty of perjury under the laws of the State of California that the foregoing Is true and correct. BY: C1 9,(A)6TQ Cindee Wood, Agent Executed at SAN DIEGO,California on 04/19/2004. This form prepared by CAPRENOS INC 4345 Murphy Canyon Rd Suite 200,San Diego CA 92123(800)654-2100,FAX(658)560-7626 —,vIBER owl? PRELIMINAFMii '- cordance with sections 3097 and 7100 6309 2640 9217 9310 , California Civil Code THIS IS NOT A r. LIEN. This is NOT a reflection on the integrity of any contractor or subcontractor. You are hereby notified that R E C E! i il has furnished sr will furnish labor,service,equipment or material of the following general description: '" for building structure, or other work of improvement located at nll:r. MIA 12 to; 23 ; :I'1n., pr.r The name of the person or firm who contracted for the- purchase of such labor, services, equipment or material furnished is 2 An estimate of the total pric(S$( JUA6F,96r0i s, eguipn!ent or material is NOTICE TO PROPERTY OWNER o If bills are not paid in full for the labor,services,equipment,or materials furnished or to $ i- r:P TV ,I .,!I;rw" 1 be furnished, mechanic's lien leading to the loss,through court foreclosure proceedings, g of all or part of your property being so improved may be plamd against the property even though you have paid your contractor in full. You may wrsh to protect yourself against thisconsequence bp(1(requiringg your contractor to furnishasignetl release by the person z or firm givny you this not!tt before making payment to your comrador,or(Y)any other method ddevice that is appropriate under the circumstances. Other than res!dential To homeown of dwellings containing fewer than five units,private pprojetl owners must v notify the o foal contractor and any lien claimant who ha8 provitletl the owner with a preliminary tlay lien notice in accordance with Section 3097 of the Civil Code that a notice of compkfion or nodce of cessafion nos been recorded within f0 days of its r til n E._, r o_r recordation.Notice shall be by registered mail,cerlRied mail,or firstcless mail,evidenced by a certificate of mailing.Failure to natity will extend the tleadlines to record a lien. - ' F`AVFINA M . ,,.* -., a- ;*,WJMBEH k.,g*sirt; 4#4A#PRELIMINAR'* ,;,,ifF;G& ccordance with sections 3097 and 7100 6309 2640 3217 79728, California Civil Code THIS IS NOT A -- - LIEN. This is NOT a reflection on the integrity of any contractor or subcontractor, You are hereby notified that 1�+^ r ftt,--'�_I�,yJ RAs'�inlsTed or will furnish labor, service, equipment or material of the following general description: p'.r. for building structure,or other work of improvement located at a a "f! ".7004 FEB 25' P 3" 31".A r I n flr�I F+- I (r, Ira F. l The name of the person or firm who contracted for the purchase of such labor, services, equipment or material furnished is An estimate of the total price ol�d1 �6fS"k��„ ( ipl}t�lt or material is NOTICE TO PROPERTY OWNER a H bills are not paid in full for the labor.services,equipment,or materials furnished or to "' -iN M.4'1 be furnished,a mechanic's lien leading to the loss,through court foreclosure proceedings. o of all or pan of your Property being so improved may be pfaced against the property even v thou h you have peid our contractor in full,You me wish to protect oumeH against m thisconequence hyh)yreguiring your contractor to furnish a signd release by the person r or firm yr ou this notice before makin mens to our contractor,or 2 an other 91Y gpaY Y (1 y method or vice that is appropriate under the circumstances. Other than residential 1 tj (,I I - homeowners of dwellings containing fewer than five units,private project owners must a notify the on g net contractor and any lien claimant who has provi ed the owner with a 3 preliminary ffiday lien notice in accordance with Section 3097 of the Civil Code that a p1 notice of completion or notice of cessation has been recorded within 10 days of its .... 1 f.,i r,rn ,;_ t f r .,, recordationcertified.Notice shall be by registered mail, mail,or first-class mail,evidenced by a certificate of mailing.failure to notify will eetend the deadlines to record a lien. piOfft€,f+-1' Ir r1 t'Iit Jl..': 1 POSTMAN DELIVER THIS ENVELOPE TO ADDRESS ON REVERSE SIDE CERTIHED MAIL NUMBER CALIFORNIA PRELIMINARY N01IC. In accordance with sections 3097 am 7100 6309 2640 3203 3988 3098,California Civil Code THIS IS NOT "i. LIEN. This is NOT a reflection on tha - - integrity of any contractor or subcontractor.' You are hereby notified that a�,_� I has furnished c�^(nt�IF la o , vice,equipment or material of the following general description: for building structure, or other work of improvement located at 2004 44AR 2 3 A .Pr 58 The name of the person or firm who contracted for the pure ase of such labor, services, equipment or material furnished is An estimate of the total price sof the labor,services,equi t `I I I ki` t 5`A�9' ,A7 A'���r�'�b i R� fe?d(} „ NOTICE TO PROPERTY OWNER o If bills are not paid in full for the labor,services,equipment,0r materials furnished or to 0 be furnished,a mechanic's lien leading to the loss,through court foreclosure proceedings, g Of all or part of your property being so improved may be placed against the property even v though you have ppaeid your contractor m full.Vou may wish to protect your""agonist y thio consequence b 11I reguirmg your contractor to furnish a&gnetl releax by the person or firm gmng you this nonce before making payment to your contractor,or I2)any other mathotl or device that is appropriate under the circumstances. Other than res,dential r homeowners of dwNlings containing leaver than five units,private Argent owmre must a s, notify Me original convector antl any lien claimant who has providetl the owner cosh a y preliminary 2 ay lien notice in accordance with Section 3097 of the Civil Code that a v notice 0 compklion or nouce of cessation has been recorded within 10 days'd its recordation.Notice shell be by re9ist'red mail,certified mail,or firsttlase mail,entlenced by a certi(irale of mailing.Failure to notify will extend the deafFtas to rea4ssl a.iran.5 it'. t c IJ�jCC ars; IL1 Ij POSTMAN DELIVER THIS ENVELOPE TO ADDRESS ON REVERSE SIDE File No:52(CA][PRIVATE][OWNER] Customer:ARB,INC. Notice Requested by and Return To: Pro]ect:CONSTRUCTION OF DESALTER PROJECT SMITHSON ELECTRIC,INC. Ree ID:I6WORFLHP 1938 E.KATELLA AVENUE Cert No.: ORANGE,CA 92867 [Job No:40731 Return Receipt Requested PRELIMINARY 20-DAY NOTICE(PRIVATE WORK) California Chit Code Sections 3097,3098,3111,32413 3252 at Seq. THIS 6S NOT A LIEN.THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR TO:OWNER 1.The following is a general description of OR REPUTED OWNER the labor,senrice,equipment or ffmWals N CAPISTRANO VALLEY WATER DISTRICT furnished or to be furnished by the u o 32400 PASEO ADELANTO TRAFFIC SIGNAL MAINTENANCE SAN JUAN CAPISTRANO,CA 92675 c rn a M 2.Estimated Price: D N 0 T0:ORIGINAL CONTRACTOR -< OR REPUTED CONTRACTOR 3.The name of the person who furnished §tdabor,nonce,egMnent or ECO RESOURCES materials is: < 32234 PAS90 ADELANTO,SUITE D SMITHSON ELECTRIC,INC. - D SAN JUAN CAPISTRANO,CA 92675 1938 E.KATELLA AVENUE7U _ 0 ORANGE,CA 92867 TO:LENDER,SURETY OR 4.The name of the person who conhectedte? purcheseof that Iabar, BONDING COMPANY service,equipment or materiel is: MCGOWAN&ASSOCIATES ARB,INC. 1450 GRANT AVE.,SUITE 210 26WO COMMERCENTRE DRIVE NOVATO,CA 94945 LAKE FOREST,CA 92630 AxtBondN 24015060 5.The description of the jobsite is: CONSTRUCTION OF DESALTER PROJECT CAMINO CAPISTRANO @ AVENIDA PADRE JOB01331119T SAN JUAN CAPISTRANO,CA VERIFICATION I declare 901 am authorized to file this PRELIMINARY 20-DAY NOTICE (PRIVATE WORK ) on behalf of the claimant I have read the foregoing document and know the contents thereof, the same is true of my own knowledge. I declare under penalty of perjwy under the laws of the Stele of California#0 Vie foregoing true and owed.Executed at ORANGE,Celrfania on 03!168004 for SMITHSON ELECTRIC,INC.. By-jn Phone:(714)997-9556 Fwc(714)997-9559 MARIJA FUDGE,CONTRACTS ADMINISTRATOR PROOF OF SERVICE BY MAIL AFFIDAVIT I, MARIJA FUDGE declare that I served copies of the above PRELIMINARY 20-DAY NOTICE (PRIVATE WORK ) By First Class Certified Return Receipt Requested or Registered Mail service,postage prepaid, addressed to each of the parties at the addresses shown above on 031168004. 1 declare under penalty of perjury nder the dews of the State of California that the lbregoing is hue and conecL .IA-d4j-- ::� MARIJAFUDGE,CONTRACTS ADMINISTRATOR Executed at ORAIibE,California on 037] 004. NOTICE TO PROPERTY OWNER If bills are not paid in fug for the labor, cervices, equipment or materials furnished or to be furnished, a Mscha Ws Lien leading to the loss,through court foreclosure proceedings,of all or part of your property being so improved may be pieced against the property even through you haw paid your contractor in fug. You may with to protect yourseN against this consequence by(1) Requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor,or (2)Any other method or device that is appropriate under the eircumetances. Other than residential homeowners of dwellings containing fewer that five units, private project owners must notify the original contractor and any Olen claimant who has provided the owner with a preliminary 20-day lien notice in accordance with Section 3097 of the Civ[[Code that a notice of completion or notice of cessation has been recorded within 10 days of IN recordation. Notice shall be by registered mag,cettl[led mag, or Ri1st elm mag,evidenced by a oeltgeab of mailing.Failure to notify will extend the deadlines to record a Olen. 0 CAPISTRANO VALLEY WATER DISTRICT 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 0311612004 RE: NOTICE TO OWNER OR PUBLIC ENTITY To CAPISTRANO VALLEY WATER DISTRICT: We are required by the laws of this state to notify you that we are furnishing labor, services, equipment or materials of the type described on the enclosed standard form for the work of improvement known as the:CONSTRUCTION OF DESALTER PROJECT CAMINO CAPISTRANO @ AVENIDA PADRE project,boated at JOB#13311197,SAN JUAN CAPISTRANO,CA Such labor, services,equipment or materials were contracted for by: ARB, INC.,26000 COMMERCENTRE DRIVE, LAKE FOREST, CA 92630 , who is one of the owners,general contractors or subcontractors of this project We are further required by law to notify you at this time that if bills are not paid in full for labor, services, equipment or materials furnished, or to be furnished, the improved property may be subject to mechanids liens or stop notices,or a notice to withhold funds may be filed where applicable. The enclosed notice is not intended to reflect in any way on the integrity or credit standing of the contractors involved in this job, but is given mercy to comply with the laws of this state. However, to fully protect yourself you may consider(1)requiring your contractor to furnish a signed rebase from the person or firm giving you this notice before making payment to your contractor,or (2) any other method or device which is appropriate under the circumstances to guarantee payment of this debt We appreciate the opportunity of furnishing our services for this job and we hope it is progressing to your satisfaction. Should you have any questions concerning this request,please feel Tree to call me personally at(714)997-9556. Thank you. Sincerely. By:��2 ti LGA A LGrL9 kC Phone:(714)997-9556 Fax:(714)997-9559 1 Ir MARIJA FUDGE,CONTRACTS ADMINISTRATOR Dated 03/16/2004 for SMITHSON ELECTRIC,INC., 1936 E.KATELLA AVENUE,ORANGE,CA 92867 THIS IS{JOT A LIEN. THIS NOTICE IS COVEN CALIFORNIA PURSUANT TO SECTIONS 3097 AND 3098, PRELIMINARY CALIFORNIA CIVIL CODE. THIS IS NOT NOTICE A REFLECTION ON THE INTEGRITY OF ANY CS�NT3CTORORSUBCONTRACTOR. 'T � � 7108 1800 8317 5693 9028 C57765 Make all checks jointly payable YOU ARE HEREBY NOTIFIED THAT... VULCAN MATERIALS CO CALMAT DIV 5665 OWNER or Reputed Owner(on private work) 0 2 3200 SAN FERNANDO RD or PUBLIC AGENCY(on public work) LOS ANGELES CA 90065 9491193-1515 CAPISTRANO VALLEY WATER DISTRICT 32400 PASEO ADELANTO SAN JUAN CAPISTRANO CA 92675 has furnished or will furnish labor,services,equipment or materials of the following general description: 215507 READY MIX CONCRETE,ROCK, SAND,GRAVEL,PAVING MATLS CONSTRUCTION LENDER or ASPHALT,PRODUCTS&SVCS Reputed Construction Lender,if any. for the building,structure or other work of improvement 213-630-6240 located at: NONE/BOND CO:SAN JUAN BASIN "CONSTRUCTION OF DESALTER PROJECT" AUTHORITY LEASE REVENUE BONDS 32470 PASEO ADELANTO C/O BNY WESTERN TRUST CO,ATJN:FE SAN JUAN CAPISTRANO CA TUZON,700 S FLOWER ST#500 SUB JOB#1331119T LOS ANGELES CA 90017 (WELLS,WATER LINE&DESALINIZATION ORIGINAL CONTRACTOR or03 PLANT) Reputed Contractor,if any. An estimate of the total price of the labor,services, ECO RESOURCES equipment or materials furnished or to be furnished is: 32234 PASEO ADELANTO#D $ 7,555.00 SAN JUAN CAPISTRANO CA 92675 Trust Funds to which Supplemental Fringe Benefits are payable: Ln SUB CONTRACTOR/person or firm who contracted for = the purchase of such labor,services,equipment or materials is: L Cry v 949-598-9242 `— ARBINC mac_ 26000 COMMERCENTER DRIVE D i LAKE FOREST CA 92630 I OTHER INFORMATION,if any. 415-892-1080 y^ BOND 424015060/BOND AGENT: MCGOWAN&ASSOCIATES 1450 GRANT AVE#210 NOVATO CA 94945 � n /'/ of&t u m_n Agent Dated: 03/10/2004 ]( L (Signature)) (T61e) � \\ Owl 02/27/2004 R L NOTICE TO PROPERTY OWNER IF BILLS ARE NOT PAID IN FULL FOR THE LABOR,SERVICES, EQUIPMENT,OR MATERIALS FURNISHED OR TO BE FURNISHED,A MECHANIC'S LIEN LEADING TO THE LOSS,THROUGH COURT FORECLOSURE PROCEEDINGS,OF ALL OR PART OF YOUR PROPERTY BEING SO IMPROVED MAY BE PLACED AGAINST THE PROPERTY EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL. YOU MAY WISH TO PROTECT YOURSELF AGAINST THIS CONSEQUENCE BY(1)REQUIRING YOUR CONTRACTOR TO FURNISH A SIGNED RELEASE BY THE PERSON OR FIRM GIVING YOU THIS NOTICE BEFORE MAKING PAYMENT TO YOUR CONTRACTOR OR(2) ANY OTHER METHOD OR DEVICE THAT IS APPROPRIATE UNDER THE CIRCUMSTANCES. OTHER THAN RESIDENTIAL HOMEOWNERS OF DWELLINGS CONTAINING FEWER THAN FIVE UNITS,PRIVATE PROJECT OWNERS MUST NOTIFY THE ORIGINAL CONTRACTOR AND ANY LIEN CLAIMANT WHO HAS PROVIDED THE OWNER WITH A PRELIMINARY 20-DAY LIEN NOTICE IN ACCORDANCE WITH SECTION 3087 OF THE CIVIL CODE THAT A NOTICE OF COMPLETION OR NOTICE OF CESSATION HAS BEEN RECORDED WITHIN 10 DAYS OF ITS RECORDATION. NOTICE SHALL BE BY REGISTERED MAIL,CERTIFIED MAIL,OR FIRST-CLASS MAIL,EVIDENCED BY A CERTIFICATE OF MAILING. FAILURE TO NOTIFY WILL EXTEND THE DEADLINES TO RECORD A LIEN. PROOF OF SERVICE BY MAIL AFFIDAVIT 1,Cindee Wood,declare that I served copies of the above PRELIMINARY 20-DAY NOTICE(PRIVATE WORWPUBUC WORK)by First Class Certified or Registered Mail service,postage prepaid,addressed to each of the parties at the addresses shown above on 03/10/2004. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. BY: 1 ( D Cindee Wood, Agent Executed at SAN DIEGO,California on 03/10/2004. This form prepared by CAPRENDS INC 4345 Murphy Canyon Rd Suite 200,San Diego CA 92123(800)8542100,FAX(858)560-7626 It is impossible for Vulcan to know with any exact certainty the total dollar amount of materials and services to be provided by Vulcan to the work of improvement. Because of this, before any amounts are paid to the contractor, or subcontractor, you should request a signed release document from Vulcan. N ACCORDANCE WITH SECTIONS 3097 AND 3098, ,ALIFORNIA CIVIL CODE THIS IS NOT A LIEN.THIS S NOT A REFLECTION ON THE INTEGRITY OF ANY 'ONTRACTOR OR SUBCONTRACTOR. Y NOTIFIED THAT.. O OU ARE HEREBY RECEIVED 1004 MAR - 1 P R 18 IT NAME AND ADDRESS OF PERSON OR FIRM FURNISHING , LABOR,SERVICES,EQUIP.OR MATERIALS S n u Ci has furnished or will furnish labor, services, equipment or CALIFORNIAEMAlrl�q�}�''�O�10E r materials of Me following description: `�fal� LENDER(REPUTED) < INAL CONTRACTOR(REPUTED) Z spPh:a.1kic Ciar,crerkc;•/r�r_�grEc_�ait NCI(.!r:: FiL.F:•(,'.Ir. E1) 1;U) RE:St:URt�F.i n h?ctra::i l_<:ttiol"/ '�2 iq I•AS>E:G ADF-A.ANTO f;iAN JLJ( C.:AF•IS t' t:;A 9267 rr r-'r•t.I,t)ro,•:k P 'n T OWNER(REPUTED)OR PUBLIC AGENCY SUBCONTRACTOR WITH WHOM CLAIMANT CONTRACTE 0 for building,structure or other work of improvement located at: CAI✓,t S I RANO VAI..I...E"Y WA'I E D M F'R'OJ9 )t#7 :' 37779r :, 400 FF•< E:O ADE:LANI'O a I SAN .:I1JAN C4•:tSl' t::r-t 926'7:5 -1 SANJI.IAN (WI.S'IR 0 J.C..N., #; .2;5..'9.1.4 z rrac:t. No. z z 0 Name of person or firm who contracted for purchase of _1 such labor,services,equipment or materials is: 3 AIR':1.NSON IiRADNG 8, ria L.I:I:F' R 0 4592 OR.1 ON < Hl 4I a NO I ON 1iE:CA92A' 9 CPN PREPARED BY: T An estimate of the total price of the labor,services,equipment SHARI,IN RAY 0.212/,/:00-d! 0 or material is$ SIGNATURE: 3500. 00,aa:gi; T0: S . N. 7Vc Trust funds to which supplemental fringe benefits are (.1AF'•'I.�[iIRAm(,1 wa.l._E.Y WA 11-.Iv: t) payable. F''ASF:x) Al AN Y'O SAS JtJAt! t::Ad':r5:'i i4 1 POSTMAN DELIVER THIS ENVELOPE TO ADDRESS ON REVERSE SIDE j I CALIFORNIA PRELIMINARY NOTICE THIS NOTICE IS GIVEN PURSUANT TO SECTIONS 3097 AND 3098, CALIFORNIA CIVIL CODE THIS IS NOT A LIEN. THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR. YOU ARE HEREBY NOTIFIED: DATE: February 24,2004 THE NAME AND ADDRESS OF THE PERSON OR FIRM WHO HAS FURNISHED OR WILL FURNISH LABOR, SERVICES, EQUIPMENT OR MATERIAL OF THE FOLLOWING DESCRIPTION IS: I DESCRIPTION OF LABOR, SERVICES, EQUIPMENT OR MATERIAL: N F SMITH MASONRY INC., FRANK S. MASONRY D O 1 2830 Pomona Ave R R Pomona, CA 91768 VM ._...._._.. I -- D BY: JOB NAME AND LOCATION: CAPISTRANO VALLEY WATER DIST. U32470 PASEO ADELANTO A KEVIN YMITH, V.P. L SANQQJ CAPISTRANO, CA 92675 THE NAME AND ADDRESS OF THE PERSON WHO CONTRACTED Y✓ ' 5go FOR THE PURCHASE OF(PRIVATE WORKS)OR WHO WILL BE "*•+•••«.•+•.""**•"""+ NOTICE 0 PROPERTY OWNER""""""""'"""""•"""..•� FURNISHED(PUBLIC WORKS)SUCH LABOR,SERVICES, EQUIPMENT OR MATERIAL IS: If bills are not paid in full for the labor,services,equipment,or materials furnished or to be furnished,a mechanics'lien leading to the loss,through court foreclosure proceedings,of all or part of your property being so improved may be placed ARB, INC. against the property even though you have paid your contractor in full. You may 26000 COMMERCENTER DR wish to protect yourself against the consequence by(1)requiring your contractor to furnish a signed release by the person or firm giving you this notice before making a LAKE FOREST, CA 92630 payment to your contractor,or(2)any other method or device that is appropriate under the circumstances. Other than residential homeowners of dwelling containing fewer than five units,private project owners must notify the original contractor and TO: OWNER, REPUTED CAPISTRANO VALLEY WATER any lien claimant who has provided the owner with a preliminary 20-day lien notice OWNER OR 32400 PASEO ADELANTO in accordance with Section 3097 of the CivikCode tha"notice of completion or PUBLIC ENTITY notice of cessation has been recorded with�0 daysW its r��{{datiol Notice shall �l be by registered mail,certified mail,or first ass maiFevider�jf by a certificate of SAN JUAN CAPISTRANO, CA w mailing. Failure to notify will extend the deatlliltas to3&ord JJ j�1��2n. D 9 TO: ORIGINAL ARB, INC. -, 1 CONTRACTOR OR 26000 COMMERCENTER DR (THIS STATEMENT IS APPLICABL 6 PRR4TE VMRK ONLY.) REPUTED CONTRACTOR � LAKE FOREST, CA 92630 TRUST FUNDS TO WHICH SUPPLEMENTAL F E BF* FITStIE PAYABLE: TO: LENDER OR SAN JUAN BASIN AUTHORITY BRICKLAYER & BRICKTENDER REPUTED LENDER REVENUE BONDS BNY TRUST co 700 S. FLOWER ST. LOS ANGELES, CA 90017 TO: SUBCONTRACTOR (MATERIAL MEN NOT REQUIRED TO FURNISH THE ABOVE) ESTIMATED PRICE OF THE LABOR, SERVICES, EQUIPMENT OR MATERIAL DESCRIBED HEREIN: $66,150.00 PROOF OF SERVICE AFFIDAVIT-(SECTION 3097.1,CALIFORNIA CIVIL CODE) I, MELINDA CURRAN , declare that I served copies of the above PRELIMINARY NOTICE(check appropriate box). (a)[ ]By personally delivering copies to at (name(s)and title(s)of persons served) On at M. (date) (year) (time) (b)[X] By First Class Certified or Registered Mail service, postage prepaid, addressed to each of the parties at the address shown above on 2-24-04 I declare under penalty of perjury that the foregoing is true and correct. Signed at POMONA CA on 2-24-04 Signature of person making service: lqll�) 31 ' [ATTACH RECEIPTS OF CERTIFIED OR REGIS E MAIL WHEN RETURNED] Dated: 12/18/03 CA243743 7114 7389 6621 0711 0606 CALIFORNIA PRELIMINARY NOTICE In accordance with sections 3097 and 3098, California Civil Code This is not a Lien, This is not a reflection on the integrity of any contractor or subcontractor Reputed Owner 1 -You are hereby notified that 12/18/03 CA243743 MR CRANE INC CAPISTRANO VALLEY WATER 647 N HARITON ST DISTRICT ORANGE CA 92668 32400 PASEO ADELANTO 2-Has furnished or will furnish labor, SAN JUAN CAPISTRANO CA 92675 services,equipment,or materials of the following general description: CRANE RENTAL Reputed Construction Lender or Lessee CO#DESALTER PROJECT 3 -An estimate of the total price of the BOND#24015060/LIBERTY MUTUAL labor,services,equipment,or materials furnished or to be furnished is: INS C0/505 S MAIN ST#830 $1,579.00 ORANGE CA 92868 4-The building,structure or other work of Reputed Original Contractor improvement is located at: D ti c' ECO RESOURCES ARB INC C— w 32234 PASEO ADELANTO#D 32470 PASEO ADELANTO Cc a SAN JUAN CAPISTRANO CA 92675 SAN JUAN CAPISTRANO CA n� � 171 C) z_ o M A.D.C. UNKNOWN 5-The name of the person or fljti wf�llb honntrad for the purchase of such labor4erviceg; equipment or material is: o Uj NOTICE TO PROPERTY OWNER ARB INC 2600 COMMERCENTRE DR IF BILLS ARE NOT PAID IN FULL FOR THE LABOR, LAKE FOREST CA 92630 SERVICES, EQUIPMENT,OR MATERIALS FURNISHED 6-Name and address of Trust Funds to which OR TO BE FURNISHED,A MECHANICS' LIEN LEADING Supplemental Fringe Benefits are payable TO THE LOSS,THROUGH COURT FORECLOSURE (if applicable): 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 7-Jobsite is Federal Public Work Title 40 USC (1) REQUIRING YOUR CONTRACTOR TO FURNISH A Sec. 270A-270E. RELEASE SIGNED BY THE PERSON OR FIRM GIVING Contract# YOU THIS NOTICE BEFORE MAKING FINAL PAYMENT Bond Cc: TO YOUR CONTRACTOR OR(2)ANY OTHER METHOD OR DEVICE THAT IS APPROPRIATE UNDER THE CIRCUMSTAof ES. Signed A " p \ � / Authorized Agen � � I 0 Construction Notice Services,Inc. 1-800.3665660 CALIFORNIA PRELIMINARY NOTICE 5009 Your attention is directed to sections 3097,3098,and 3111,California Civil Code which requires us to notify you"That if bills are not paid in full for labor,services,equipment or materials furnished,or to be furnished the improved property(which is described hereon)may be subject to Mechanics'Liens."This statement is applicable to private work only. This is not a lien. This is not a reflection on the integrity of any contractor or subcontractor. The name and address of person or firm who contracted for You are hereby notified: purchase of such labor,service,equipment or material,is: ARCHITECTURAL DOORS,INC. ARB, Inc. 7572 SANTA RITA CIRCLE 26000 Commercentre Drive STANTON,CA 90680 Lake Forest,CA 92630 Has furnished or will furnish labor,services,equipment or material To owner,reputed owner,or public agency Capistrano Valley Water District DOORS, FRAMES,AND HARDWARE 32400 Paseo Adelanto (Description of labor,services,equipment or material) San Juan Capistrano, CA 92675 1436340 Construction of Desalter Project 32470 Paseo Adelanto San Juan Capistrano,CA 92675 (Address of building,structure,work or improvement) To original contractor or reputed contractor ECO Resources "NOTICE TO PROPERTY OWNER": 32234 Paseo Adelanto,Suite D "If bills are not paid in full for the labor,services,equipment, San Juan Capistrano, CA 92675 or materials furnished or to be furnished,a n3whanic's 0leading 0 to the loss through court foreclosure proceedrnZZ gs,of all bF L part of your property being so improved may t1E placed�Pinst ttie' property even though you have paid your conim:cfdr in(N You m may wish to protect yourself against this conlRtence hglti) '> To construction lender or reputed construction lender requiring your contractor to furnish a signed retga9e by th ersorr� or firm giving you this notice before making p I is to r M contractor or(2)any other method or device tiii is apprilMate ur>io the circumstances. Other than residential homeownners of dings containing fewer than five units,private project owners mgt notify titEoriginal contractor and any lien claimant who has provided the owner with a 20-day lien notice in accordance with Section 3097of the Civil Code that a notice of completion or Estimated total price of labor,services,equipment or notice of cessation has been recorded within 10 days of its recordation. Notice materials furnished: shall be by registered,certified or first class mail,evidenced by a certificate of $20,500.00 mailing. Failure to notify will extend the deadlines to record a lien. Trust funds to which supplemental fringe benefits are Name PROOF OF SERVICE AFFIDAVIT Address (Section 3097.1, California Civil Code) Name Address (Material men not required to furnish above) I DECLARE THAT 1 SERVED COPIES OF THE PRELIMINARY NOTICE BY FIRST CLASS CERTIFIED OR REGISTERED MAIL SERVICE, POSTAGE PREPAID,ADDRESSED TO EACH OF THE PARTIES AT THE ADDRESS SHOWN ABOVE ON 1/22/04 1 DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND OR CT. SIGNED AT STANTON,CALIFORNIA ON 1/22/04 signature of p on making service) (ATTACH RECEIPTS OF CERTIFIED OR REGISTERED MAIL WHEN RETURNED) revised 1/1/04 \< 4t 14-0l ra vl I I� File No:O[CA][PUBLIC][OWNER] Customer:L T EXCAVATING INC Notice Requested by and Return To: Project:13580450 ECCO Equipment Corporation ATTN: �'�E D Rec ID:I3EOXXSYJ 1417 N Susan Street Cert No.:7100 6309 2640 2324 2276 Santa Ana,CA 92703 [Job No:13580450] Return Receipt Requested 1 E IN Y0-DAY NOTICE(PUBLIC WORK) California Civil C,o Sections 3098,3111,3241 &3252 at Seq. THIS IS NOT A LIEN.THIS IS NOT 6111EFFIy��. QI��9E INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR SAN JA TO:OWNER 1.The following is a general description of OR REPUTED OWNER the labor,service,equipment or materials CASPISTRANO VALLEY WATER DISTRICT furnished or to be furnished by the undersigned: 32400 PASEO ADELANTO RENTAL EQUIPMENT San Juan Capistrano,CA 92675 TO:ORIGINAL CONTRACTOR 2.Estimated Price:$50,000.00 OR REPUTED CONTRACTOR 3.The name of the person who fumished that labor,service,equipment or ECO RESOURCES materials is: 32234 PASEO ADELANTO STE.D ECCO Equipment Corporation San Juan Capistrano,CA 92675 ATTN:NANETTE 1417 N Susan Street TO:LENDER,SURETY OR Santa Ana,CA 92703 BONDING COMPANY 4.The name of the person who contracted for purchase of that labor, service,equipment or material is: L T EXCAVATING INC 27601 FORNES ROAD SUITE 54 LAGUNA NIGUEL,CA 92677 5.The description of the jobsite is: 13580450 PO#22562 JOB#03-113 ALIPAZ&MAINER SAN JUAN CAPISTRANO,CA VERIFICATION I declare that I am authorized to file this PRELIMINARY 20-DAY NOTICE (PUBLIC WORK) on behalf of the claimant. I have read the foregoing document and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at Las Vegas, Nevada on 12/09/2003 for ECCO EQUIPMENT CORPORATION ATTN: -- — - NANET TE-. - - - - - - - - - - - - - -- - - - CIVIA FURMS FILING SERVICE Signed by: Phone:(702)259-2622 Fax:(702)259-9908 Print Name/Title: PROOF OF SERVICE BY MAIL AFFIDAVIT 1, declare that I served copies of the above PRELIMINARY 20-DAY NOTICE(PUBLIC WORK) By First Class Certified Return Receipt Registered Mail service, postage prepaid,addressed to each of the parties at the addresses shown above on 12/09/2003. 1 declare u, perjury under the laws of the State of California that the foregoing is true and correct. Signed by: CMA FORMS FILING SERVICE PrintName/Title: Executed at Las Vegas,Nevada on 12/09/2003. NOTICE TO PRIME OR GENERAL CONTRACTOR THIS IS NOT A LIEN. THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTR, o undersigned has entered into a contract to perform labor or furnish materials for the above-described public pro, 8 look to you and your sureties for payment if the person ordering such materials and labor fails to pay for them. m ECCO Equipment Co E ,ay, 1417 N Susan Street Santa Ana,CA 92703 MMETER:, 7100 6309 2640 2324 2276 RETURN RECEIPT REQUESTED CASPISTRANO VALLEY WATER DISTRICT 32400 PASEO ADELANTO San Juan Capistrano, CA 92675 --� � -- - � 11,i,,,,i,i,ii..i,,,i,i,i,„16,ii„i6,,,,ii,►i„.►i„J,1,J 1%7 ZALIFIL ,V1A, ,4ELIMINARY-?WCL- _ `'!f In .-tor(lh ice with sections 3097 and ? 7100 6309 2640 1950 4852 3098,Carf)riaCivilCodeTHISISNOTA t LIEN. Thi; s NOT a reflection) on the r integrity of at y contractor or subs ontraetor. i You are hereby notified that - RE GE i i - has furnished or will furrnsit-Iabor,service,equipment )f,naterial of the folio" ig general description: for building structu.e or other work of improvement located at .. -: - rf,i.. , :; 1001 DEC 30: A & 26 - r.-. , - .. , - . . The name of the person or firm who contracted for the purchase of such labor, services,equipm 31 t or material furnished is An estimate of the total price of the labor, serSC�'$, NOTICE TO PROPERTY OWNER „ n bins aro not paid to NII for the labor,servings,agulpmnst or eateries furoteMd o er to be Nrnlshgs,a mnchantc's lion leading to the loss.through court l,rnw ma i protwingo,at all it Pad N Your praeattY,,eiup u Infrared ump be plead against rR the orwriv even the*Yw have pato vnur contractor In fen. You my mW1 to y protest pepseg Henn this consequence ov fli mgeldng Yom uMnclir to turning a signed rohsns he the person or firm mrhig you MN uanso berate mahteg"Iwo p T I N year seatratior or(21 a"other Morthar a dense that Is npWapdes under lire � alnmllitansaa. w 0 m { mj fi rr r„,.ir. t+ .id�it y1 l r , t-1” _ f Cri.: ylt d lv L r POSTMAN DELIVER THIS ENVELOPE TO ADDRESS ON REVERSE SIDE i 0 0 This is not a lien. This notice is given pursuant to California civil code section 3097. This form is designed for a private work project. For a public work project, use a "California Preliminary 20-day Notice" (Public Work) form. 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 LOSS,THROUGH COURT FORECLOSURE PROCEEDINGS,OF ALL OR PART OF YOUR PROPERTY BEING SO IMPROVED MAY BE PLACED AGAINST THE PROPERTY EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL.YOU MAY WISH TO PROTECT YOURSELF AGAINST THIS CONSEQUENCE BY(1)REQUIRING YOUR CONTRACTOR TO FURNISH A SIGNED RELEASE BY THE PERSON OR FIRM GIVING YOU THIS NOTICE BEFORE MAKING PAYMENT TO YOUR CONTRACTOR OR(2)ANY OTHER METHOD OR DEVICE WHICH IS APPROPRIATE UNDER THE CIRCUMSTANCES. You are hereby notified: Date:December 10,2003 That the undersigned has furnished or will furnish labor,services,equipment,or material of the following description: HEINAMAN CONTRACT GLAZING Description glass and glazing 26981 VISTA TERRACE DRIVE Individual SUITE E Jobsite Desalter Pro*t or LAKE WREST,CA 926 0 32470 Paseo Xilelant= ;7 Firm San Juan CaI*smnoFgA 97375 B D _ n Y z Title D cfl The name and address of the person who contracted for the purchase of N—� D PTI such labor,service,equipment,or material J— is ARB z z To: San Juan Basin Authority Lease NOTICE construction Revenue Bonds TO CONSTRUCTION LENDER ONLY lender or BNY Trust Co, 0 SFlSt Estimated total price for the labor,services, o reputed S. ower equipment,or materials described hereon construction Los Angeles, CA lender 90017 $ Trust funds to which supplemental To: Capistrano Valley Water Distri fringe benefits are payable owner 32400 Paseo Adelanto or reputed NAME. owner San Juan Capistrano, CA - — - 92675 ADDRESS NAME. __ To: A" ADDRESS original contractor 26000 Commercentre Dr. NAME or Lake Forest, CA 92630 ADDRESS reputed contractor DECLARATION OF SERVICE I, 9,0 /1 declare that I served the above Preliminary Notice by first class registered/certified mail post ge prepaid declare unde the peealty of perjury of the laws of the State of California that the foregoing is true and correct on C/ /O �A'd DlJ'J Executed on at California Signature of person making service: 0 • CALIFORNIA PRELIMINARY NOTICE YOUR ATTENTION 15 DIRECTED TO SECTION 3097, 3098 AND 3111, CUSTOMER ARB CALIFORNIA CIVIL CODE WHICH REQUIRES US TO NOTIFY YOU -THAT IF 4404 BILLS ARE NOT PAID IN FULL FOR LABOR, SERVICES, EQUIPMENT OR Notice No. MATERIALS FURNISHED, OR TO BE FURNISHED, THE IMPROVED PROPERTY (WHICH IS DESCRIBED HEREON) NAY BE SUBJECT TO MECHANICS' LIENS". YOU ARE HEREBY NOTIFIED THAT... THIS STATEMENT IS APPLICABLE TO PRIVATE WORK ONLY. THIS IS NOT A LIEN, THIS IS NOT A REFLECTION ON Saddleback Materials Company, Inc THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR. 20712 Indian Ocean Drive Lake Forest,CA 92630 CONSTRUCTION LENDER or (949)837-7263 (949)583-9318Fax Reputed Construction Lender,if any. Has furnished or will furnish labor, services equipment None Reported or mateials of the following general description: Filled Sandbags For the building, structure or otheLdork of improvement to ceted at: 32470 PaseoAdelanto = W OWNER SJ C CA C=Ma c or Reputed Owner or PUBLICAGENCY > (on private work) on public work c')C__ w Tl �r Capistrano Valley Water District Job No 1436340 > M 32400 PaseoAdelanto SJC CA 92675n estimate o the total price abor,sgtalces, egwpment or materials furnished or to be4LrmshecNi& $1600.00 ORIGINAL CONTRACTOR or Trust Funds to which Supplemental Fringe Benefits are Reputed Contractor, if any. Payable: Additional Trust Funds to which Supplemental Fringe Benefits are Payable are listed on the backside. Proof of Service Affidavit ECO Resources 32234 PaseoAdelanto Ste D I, D. HENNINGS declare that I San Juan Capistrano CA 92675 served copies of the above PRELIMINARY NOTICE by first class certified or registered mail service,postage pre- paid,addressed to the following parties at the addresses listed on this notice. I declare under penalty of perjury that the foregoing is true and correct. SUBCONTRA 'TOR/person or firm who contracted for the purchase of such labor, By: -- services, equipment or material is: signature /j D. HENNINGS 11-25-03 Title 1 / NOTICE TOE OWNER: IF BILLS ARE NOT PAID IN FULL FORR THE LAB E 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 OFYOUR PROPERTY BEING SO IMPROVED MAYBE PLACEDAGAINSTTHE ARB Inc PROPERTY EVEN THOUGH YOU HAVEALREADY PAID YOUR CONTRACTOR IN FULL.YOU MAY WISH TO PROTECT YOURSELFAGAINST THIS CONSEQUENCE 26000 Commercecenter Dr / BYO)REQUIRING YOUR CONTRACTOR TO FURNISH A SIGNED RELEASE BY Lake Forest CA 92630 THE PERSON OR FIRM GIVING YOU THIS NOTICE BEFORE MAKING PAYMENT TO YOUR CONTRACTOR OR(2)ANY OTHER METHOD OR DEV ICE THAT IS AP- ATE UNDER THE CIRCUMSTANCES. '0111 Dated: 11119/03 CA236183 7114 7389 6621 0693 3718 CALIFORNIA PRELIMINARY NOTICE In accordance with sections 3097 and 3098, California Civil Code This is not a Lien, This is not a reflection on the integrity of any contractor or subcontractor Reputed Owner 1 -You are hereby notified that 11/19/03 CA236183 BRAND SCAFFOLD RENTAL&ERECTION CAPISTRANO VALLEY WATER 6001 OBISPO AVE DISTRICT LONG BEACH CA 90805 32400 PASEO ADELANTO 2-Has furnished or will furnish labor, SAN JUAN CAPISTRANO CA 92675 services,equipment, or materials of the following general description: SCAFFOLDING Reputed Construction Lender or Lessee & LABOR CO#DESALTER PROJECT 3-An estimate of the total price of the BOND#24015060/LIBERTY MUTUAL labor,services,equipment, or materials furnished or to be furnished is: INS CO/505 S MAIN ST#830 ORANGE CA 92868 $2,000.00 4-The building,structure or other work of Reputed Original Contractor improvement is located at: ECO RESOURCES 70167/PO#25208-TR 32234 PASEO ADELANTO#D CONSTRUCTION OF DESALTER SAN JUAN CAPISTRANO CA 92675 PROJECT 32470 PASEO ADELANTO SAN JUAN CAPISTRANO CA UNKNOWN 5-The name of the person or firm who contracted A.D.C. for the purchase of such labor,services, equipment or material is: NOTICE TO PROPERTY OWNER ARB-LKF PO BOX 5166 IF BILLS ARE NOT PAID IN FULL FOR THE LABOR, LAKE FOREST CA 92630 y o SERVICES, EQUIPMENT,OR MATERIALS FURNISHED z 6-Name and address of Trust FL"to>a2c Mfiich OR TO BE FURNISHED,A MECHANICS' LIEN LEADING Supplemental Fringe Benefits awpayablR n TO THE LOSS,THROUGH COURT FORECLOSURE (if applicable): fV �r O rn PROCEEDINGS,OF ALL OR PART OF YOUR PROPERTYo F_ BEING SO IMPROVED MAY BE PLACED AGAINST THE (T► PROPERTY EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL. YOU MAY WISH TO PROTECT z w C) t' YOURSELF AGAINST THIS CONSEQUENCE BY 7-Jobsite is Federal Public Work Title 40 USC (1) REQUIRING YOUR CONTRACTOR TO FURNISH A Sec.270A-270E. RELEASE SIGNED BY THE PERSON OR FIRM GIVING Contract# YOU THIS NOTICE BEFORE MAKING FINAL PAYMENT Bond Co: TO YOUR CONTRACTOR OR(2)ANY OTHER METHOD OR DEVICE THAT IS APPROPRIATE UNDER THE CIRCUMSTANCES. Signed A Authorized Agent 164 o-') 4t( Construction Notice Services,Inc. 1-800-366-5660 CA*ORNIA PRELIMINARY NOOCE N ACCORDANCE WITH SECTIONS 3097 AND 3098, CALIFORNIA CIVIL CODE I HIS I5 NO"I A LIEN,THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR DATED: 12121201?3 AMFNC 02 1.YOU AI%&N&_M}§tWTIFIED THAT NAME/ADDRESS/PHONE NO.OF: 1550 W.LINDA VISTA DRIVE REPUTED LENDER: SAN MARCOS, CA 920tH Tao 471-3900 OWNER FINANCED 2. has furnished or will furnish labor, services, equipment, or materials of the following general description. PfPFS, VALVES" FITTING & RELATED FAATERIALS FOR WATER&SEWER SYSTEMS REPUTED OWNER: 3. For use in and contributing to the building,structure or other work :TAN JUAN CAPISTRANO VALLEY WATER DISTRICT of improvement on the reg rroperty.loco d ac. ?400 PASEO ADELANT(, #1436340 CONSTRUG"fI N OF DESALTS PROJECT `tAN JIJAN CAHSTRANO CA 92675 INCLUDING,WELLS,WATER LINE& DESALINIZATION 349 4911515 PLANT, VARIOUS WELL.&PIPELINE LOCAFONS 32470 PASEO ADELAN''O ;TAN JUAN CAPISTP.ANO, CA 92675 REPUTED ORIGINAL CONTRACTOR: 4. An estimate of the total price of the labor, services, equipment or ECO RESOURCES materials furnished or to be furnished is: 32234 PASEC ADE-AN T0, 3 f E D 5637,50(.1.00 .SAN JUAN^APISTR-ANO,CA 52675 949 31R-7714 5. The name of the person or firm who contracted for the purchase of such la1 Es oc#l7g9pipment or material is: f ....JOINT CHECK REQUESTED .••• 26000 COMMERCENTER DRIVE ••••NOTICE TO PROPERTY OWNER•••• LAKE FOREST,CA 92630 If hills are not paid in full for the labor,services,equipment,or materials 949 484-714$ furnished or to be furnished.a mechanics'hen leading to the loss,through coup foreclosure proceedings.of all or part of your property being so improved 6. Bonding Company: may be placed against the property even though you have paid your contractor m full. You may wish to protect yourself against this consequence by(I) rcquinPg your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor m (2)any other method ord rice which is appropriate under the cIAinstances. MIAA PROOF OF SERVICE AFFIDAVIT _1 (SECTION 3097.1 &3098 CALIFORNIA CIVIL CODE) I, ONli'I TRIN lkc0p declare that I served copies of the above PRELIMINARY NOTICE (cheek appropriate box). (a) By personally deliveringtoAT on 120 AL m i (b) By First Class Certified or Registered Mail service, postage prepaid, addressed to each of the parties at the above address shown above on 2-Dec ' 20 11:3 I declare under the penalty of perjury that the foregoing is true and correct. Signed at 3AN MT`PCOr' California, on 2456` 20 03 (ATTACH RECEIPTS OF CERTIFIED OR REGISTERED MAIL WHEN RETURNED) ' v OWNER COPY Signature of person making service a q p D MAIL NUMBER CALIFORNIA PRELIMINARY NOTICE r In accordance with sections 3097 and o •Complete items 1,2&3.Also complete item 4 if '7 L r cJ 1 . _ 0 1112 4049 Restricted Delivery is desired. 3098,California Civil Code THIS IS NOT A 3 `x/ - m on the 1.Article Addressed To: ( \ integrity oLIEN. Thff any onntractoris NOaeon orr subcontractor You _` P "" '_• "�+!' + You are hereby notified that TOM MALLOY CORP.DBA TRENCH SHORING CO.,636 E.Rosecrans Ave.,Los Angeles,CA 90059 e � has furnished or will furnish labor, service,equipment or material of the following general description: sales and rentals ;;+ of trench shoring equipment for building structure, or other work of improvement ) nl#,:,. located at 19T) _ ., .5?F:AN© V6aLLE`' W4iTCk 3,::.t7P PAafi11 r`tCiFii_s.IV�Q .d U>=1.- C7Ei5Pll. Sty,. .n.t :,• f aP, ai t �i-.,, �- t. The name of the person or firm who contracted for the purchase of such labor, services,equipment or material furnished or 2.Article Number to be furnished is :"IRS, PK 7178 8518 8010 1112 4049 An estimate of the total price of the labor, services, equipment or material is $5,@,iP.(iii ot* NOTICE TO PROPERTY OWNER 6 3.Service Type i C-13 R,Cgoil g bills are not paid in full for the labor,services,equipment or materials furnished o or to be furnished,a mechanic's lien leading to the lass,through court foreclosure v DI Certified proceedings,of all or part of Your property being se improved may be placed against y "•,:t 1�3ti 1'A(.:F (-f DL..!_fy Ml"tw (�j'i. L1 the property nen though you have paid your contractor In full.You may wish to 4.Restricted Delivery?(Extra Fee) :=aN .11)/+.¢� f'A=i`Ci TftAN T CA Y D ,',`] protect yourself against this consequence by(1)requiring your contractor m furnish ❑ yes a signed release by the person or firm giving you this notice before making payment o to your contractor or(2)any other method or device that is appropriate under the v circumstances. p a p DELIVERY (310)327-5554•(800)423-4411 o A.Received by(Please Print Clearly) B.Date of Delivery m C.Signature f CPhkWyba!g� ;.2as",. .. . Date ❑ Agent m x Elressee :kfi ; vl(�;.LSt', hKY,: tra* CTWhi%t i•c''.. iT. D �lurP!s.ii 6.7 oD.Is delivery address different from Item 1? ❑Yes O __� r�t i fir, i;,Ti 1�111t�fJrt f 1•r Hl_I r +JN�I.,. 0 + l ri l I If Yes,enter delivery address below: ❑No P,;, . b-GRC:ST, iA 92630 'Oh JAN CASl;ilRP,IIG, 1'uX0130HA PRELIMINARY NOTICE - PUBLIC WORK (Pursuant to California Civil Code Section 3098) TO: ECO Resources . Inc . Contractor D g 32234 Paseo Adelanto Address of Contractor m rn San Juan Capistrano , CA 92675 y— t TO: Capistrano Valley Water District �C" oo �_ Public Agency (Owner or End User) r_ 32400 Paseo Adelanto m Address of Public Agency SAn Juan Capistrano , CA 92675 M to o W TO: Liberty Mutual Insurance Co . Surety 175 Berkeley Street Address of Surety Boston, MA 02117 You are hereby notified that Weir Floway,Inc. dba Floway Pumps, 2494 S. Railroad Ave., P. O. Box 164, Fresno, California 93707 has furnished or will furnish labor, services,equipment or materials to: ARB . Inc , 26000 Commercentre Dr . , Lake Forest . CA 92630 Buyer For use on public work at the followingjobsite: San Juan Basin Authority Desalter Project , 32470 Paseo Adelanto , San Juan Capistrano , CA 92675 The labor,services,equipment or materials are described as Vertical Turbine Pump(s),motor(s),and Accessories. Floway Order Number: 5 216 6 Payment Bond No. 2 4 015 0 6 0 Purchase Order Number: 1436-340-003 Date: December 2 , 2003 Dalton Griffin - U Credit Manager FAX 559.4424296 Telephone 559-443-6460 I� 2,10,3 Weir Noway, Inc. Excellent Engineering Solutions P.O. Railroad Avenue Tel: (559)442-4000 .O.Box 164 Fax:(559)442-3098 RECEIVED Fresno,CA 93707 www.floway.com 59 December 2 , 2003 tt CER I 4411ii1��,,pl$TRFii�!0 RetuC0Requested Capistrano Valley Water District 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Sold To:ARB, Inc. CO#: 52166 Customer#3959 Attention: Controller We are sending you the enclosed notice as part of the routine of conducting our business. Occasionally, customers have felt that such a notice is a reflection upon the credit of the contractor. We want you to understand clearly that we have no such intention, but that we are merely complying with the law. These notices are sent on jobs where we fumish material upon the order of someone other than the owner of the property. In this way, we comply with the law in all cases,and you are fully informed regarding all materials ordered for yourjob. We are pleased to have the opportunity to serve you. If you have any problems, in connection, with your job, we hope that both you and your contractor will make use of any help we might be able to give. We want to be sure that you are not only satisfied but, completely enthusiastic, about our products and service. Sincerely, Floway Pumps Dal ,Credit Manager Telephone: (559)443-6450 Encl. Preliminary Notice FAX: (559)442-4296 0 0 CALIFORNIA PRELIMINARY 20-DAY NOTICE IN ACCORDANCE WITH SECTION 3097 AND 3098, CAIFORNIA CIVIL CODE THIS IS NOT A LIEN, THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR You are hereby notified that Construction Lender, or Reputed L. T. Excavating, Inc. 27601 Forbes Rd., Construction Lender, if any Laguna Niguel, CA 92 92677 None ��nn Has furnished or will furnmh labor—Wrvicequipment or materials of the followir�g genetdYdesr tion: Excavation and Grading c r Owner, or Reputed Owner(on private work) C-) OR Public Agency(on public work) For the estimated total prik-f: < Capistrano Valley Water District $10,945.00 32400 Paseo Adelanto For the building, structure,W other work of t191 provement San Juan Capistrano, CA 92675 located at: Alipaz& Mariner Pump Stalin Construction of Desalter Project 32470 Paseo Adelanto Original Contractor,or Reputed Contractor,if ,CA 92675 any Person or Firm who Contracted for the purchase of ECO Resources labor, services, equipment or material 32234 Paseo Adelanto Ste. D ARB San Juan Capistrano, CA 92675 26000 Commercecentre Drive Lake Forest, CA 92630 Person or Firm with whom Claimant has If notice is given by a subcontractor who is required to Contracted pay fringe benefits under a collective bargaining agreement, the names and addresses of the fringe ARB 26000 Commercecentre Drive benefit trusts follow: Lake Forest, CA 92630 Operating Engineers, Laborers PROOF OF SERVICE AFFIDAVIT Notice to Property Owner: The undersigned served copies of this Preliminary If bills are not paid in full for the labor, 20-Day Notice by first class registered or certified mail, services, equipment, or materials furnished postage prepaid, on the persons and at the addresses or to be furnished, a mechanic's lien leading shown on 11-10-2003 to the loss, through court foreclosure I declare under penalty of perjury under the laws of the proceedings, of all or part of your property State of California that the foregoing is true and correct. being so improved may be placed against 9 9 the property even though you have paid your Dated: �0 contractor in full. You may wish to protect yourself against this consequence by (1) Signature: requiring your contractor to furnish a signed Name: YvoQA P Short Title: Contract Administrator release by the person or firm giving you this Phone: (949)367-1941 notice before making payment to your JobDox Project ID: 287 contractor, or(2) any other method or device Preparer's Company Project ID: 03-113 that is appropriate under the circumstances. Copyright 2000-2003 by Jobdox,LLC,The automated solution to management of preliminary notices,releases and payments. Call toll free(866)JOB-DOX-0(562-P690)or visit our web site at http:/Aw Jobdox.wm X �l � I��t' !� l b f I • Dated: 12/09/03 CA241205 7114 7389 6621 0705 0445 CALIFORNIA PRELIMINARY NOTICE In accordance with sections 3097 and 3098, California Civil Code This is not a Lien, This is not a reflection on the integrity of any contractor or subcontractor Reputed Owner 1 -You are hereby notified that 17Je9103 CA241205 HERTZ EQUIPMENT RENTAL#9647 CAPISTRANO VALLEY WATER 25831 W WRIGHT ST DISTRICT FOOTHILL RANCH CA 92610 32400 PASEO ADELANTO 2-Has furnished or will furnish labor, SAN JUAN CAPISTRANO CA 92675 services,equipment, or materials of the following general description: HEAVY CONSTRUCTION EQUIPMENT Reputed Construction Lender or Lessee CO# DESALTER PROJECT 3 -An estimate of the total price of the BOND#24015060/LIBERTY MUTUAL labor,services,equipment,or materials furnished or to be furnished is: INS CO/505 S MAIN ST#830 N ORANGE CA 92868 $5,000.00 i C_ rn T7 4-The building,structure or otFW!jvorIM Reputed Original Contractor improvement is located at: =-� _ 0 ECO RESOURCES 148 ARB INC -ARB IN C,-, N 32234 PASEO ADELANTO#D 32470 PASEO ADELANTO Nom' D SAN JUAN CAPISTRANO CA 92675 SAN JUAN CAPISTRANO CAS^ _ M 92675 b z w o � A.D.C. UNKNOWN 5-The name of the person or firm who contracted for the purchase of such labor,services, equipment or material is: NOTICE TO PROPERTY OWNER 6003093/ARB INC 26000 COMMERCENTRE DR IF BILLS ARE NOT PAID IN FULL FOR THE LABOR, LAKE FOREST CA 92630 SERVICES, EQUIPMENT, OR MATERIALS FURNISHED 6-Name and address of Trust Funds to which OR TO BE FURNISHED,A MECHANICS' LIEN LEADING Supplemental Fringe Benefits are payable TO THE LOSS,THROUGH COURT FORECLOSURE (if applicable): 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 7 -Jobsite is Federal Public Work Title 40 USC (1) REQUIRING YOUR CONTRACTOR TO FURNISH A Sec. 270A-270E. RELEASE SIGNED BY THE PERSON OR FIRM GIVING Contract# YOU THIS NOTICE BEFORE MAKING FINAL PAYMENT Bond Co: TO YOUR CONTRACTOR OR(2)ANY OTHER METHOD OR DEVICE THAT IS APPROPRIATE UNDER THE CIRCUMSTANCES. Signedlk4 Authorized Agent Construction Notice Services, nc. 1.800366-5660 Dated: 08130/03 CA210813 111111111111111 11111111 7114 7389 6621 0633 0944 CALIFORNIA PRELIMINARY NOTICE In accordance with sections 3097 and 3098, California Civil Code This is not a Lien, This is not a reflection on the integrity of any contractor or subcontractor Reputed Owner 1 -You are hereby notified that 08/30/03 CA210813 MR CRANE INC CAPISTRANO VALLEY WATER 647 N HARITON ST DISTRICT ORANGE CA 92668 32400 PASEO ADELANTO 2-Has furnished or will furnish labor, SAN JUAN CAPISTRANO CA 92675 services,equipment,or materials of the following general description: CRANE RENTAL Reputed Construction Lender or Lessee CO#LINE & DESALINIZATION PLANT 3-An estimate of the total price of the BOND#24015060/LIBERTY MUTUAL labor,services,equipment,or materials furnished or to be furnished is: INS CO/505 S MAIN ST#830 ORANGE CA 92686 $3,575.00 4-The building,structure or other work of Reputed Original Contractor improvement is located at: ECO RESOURCES �p✓o •� LINE & DESALINIZATION z o 32234 PASEO ADELANTO#D PLANT C- SAN JUAN CAPISTRANO CA 92675 32470 PASEO ADELANTO c=c-') ,�,,., (T7 SAN JUAN CAPISTRANO C)D�_ -o 0 I n w (T1 �rr. UNKNOWN 5-The name of the person orUreFtwho>ontrI*d A.D.C. for the purchase of such labor�ervic@ft equipment or material is: s NOTICE TO PROPERTY OWNER ARB INC o co 2600 COMMERCENTER DR IF BILLS ARE NOT PAID IN FULL FOR THE LABOR, LAKE FOREST CA 92630 SERVICES, EQUIPMENT, OR MATERIALS FURNISHED 6-Name and address of Trust Funds to which OR TO BE FURNISHED,A MECHANICS' LIEN LEADING Supplemental Fringe Benefits are payable TO THE LOSS,THROUGH COURT FORECLOSURE (if applicable): 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 7 -Jobsite Is Federal Public Work Title 40 USC (1) REQUIRING YOUR CONTRACTOR TO FURNISH A Sec. 270A-270E. RELEASE SIGNED BY THE PERSON OR FIRM GIVING Contract# YOU THIS NOTICE BEFORE MAKING FINAL PAYMENT Bond Co: TO YOUR CONTRACTOR OR(2)ANY OTHER METHOD OR DEVICE THAT IS APPROPRIATE UNDER THE CIRCUMSTANCES. Signed V O n Authorized Agent Y�"a A� Construction Notice Services,InC. 1-800-3665660 File: 61,666 (CA PH) Owner Customer: ARB INC LAKE FOREST CA Notice Requested by and Return to: Cust #: ND their Job# United Rentals Northwest, Inc. Job Name: Construction of Desalter Project/J 19772 MacArthur Blvd. #260 Job #: 50334945025 Irvine, CA 92612 Cert #: 7003 0500 0003 1018 9038 PRELIMINARY 20-DAY NOTICE (PUBLIC WORK) THIS IS NOT A LIEN . THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR 1' TO THE OWNER OR REPUTED OWNER 1. The following is a general description Capistrano Valley Water District of the labor,or materials furnished or to Attn: Construction Disbursement Officer be furnished by the undersigned: 32400 Paseo Adelanto Miscellaneous, Construction & Equipment Rentals San Juan Capistrano, CA 92675 2. Estimated Price $12, 400.00 TO THE ORIGINAL OR REPUTED CONTRACTOR 3. The name of the person who furnished that ECO Resources Inc/ ECO Capistrano Valley Inc labor, service, equipment or materials is: 32234 Paseo Adelanto D United Rentals Northwest, Inc. San Juan Capistrano, CA 92675 Attn: Ms. Eve Gower 19772 MacArthur Blvd. #260 Irvine, CA 92612 TO THE LENDER/SURETY OR REPUTED LENDER/SURETY 4. The name of the person who contracted for San Juan Basin Authority Lease Revenue Bonds purchase of that labor, service, equipment or BNY Trust Company material is: 700 S Flower St ARB INC LAKE FOREST CA Los Angeles, CA 90017 USE FOR ALL ARB BRANCHES P 0 BOX 5166 Bond/Loan # 24015060 LAKE FOREST, CA 92630 5. The description of the jobsite is: Construction of Desalter Project/Job#1331119T 32470 Paseo Adelanto San Juan Capistrano, CA 92675 REQUEST FOR COPY OF PAYMEMT BOND AND NAME OF SURETY COMPANY TO CONTRACTING BODY: Capistrano Valley Water District The undersigned claimant hereby declares that he has supplied labor or materials as described above, that payment has not yet been made therefore, and that he hereby requests that the contracting body furnish a certified copy of the Payment Bond, if any, to the claimant, at the address listed above, and the current address of the contracting public entity. NOTICE TO PRIME OR GENERAL CONTRACTOR THIS IS NOT A LIEN. THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR. THE UNDERSIGNED HAS ENTERED INTO A CONTRACT TO PERFORM LABOR OR FURNISH MATERIALS FOR THE ABOVE-DESCRIBED PUBLIC PROJECT, AND WILL LOOK TO YOU AND YOUR SURETIES FOR PAYMENT IF THE PERSON ORDERING SUCH MATERIALS AND LABOR FAILS TO PAY FOR THEM. y N I declare that I am authorized to file this claim on behalf of the claimant. I�have rild tl�LL�_ foregoing document and k ow the contents thereof; the same is true of my own kgQwledgtf. I dOWlare unde p t erjury t at the foregoing is true and correct. Executed at Sg eval�y, Pion 08/2 03 t d RentIld Northwest, Inc. . By: �^ Salina Reyes, Lien Administrator Y -' W m PROOF OF SERVICE BY MAIL AFFIDAVIT I declare that I served a copy of the above document, and any related document$y by (jls req:lred by law) first-class, certified or registered mail, postage prepaid, addressed �o the-above named parties, at the addresses listed above, on 08/28/03. I declare under penalty d£+ perjcw that the foregoing tr and c ct. Executed at Simi Valley, CA on 08/28/03. By: ^� Salina Reyes, Lien Administrator 70030500000310189038 8/28/2003 Capistrano Valley Water District Atm: Construction Disbursement Officer 32400 Paseo Adelanto San Juan Capistrano,CA 92675 Re:Notice To Owner Or Public Entity Dear Sir or Madam, We are required by the laws of this state to notify you that we are furnishing labor, services,equipment or materials of the type described on the enclosed standard form for the work of improvement known as the:Construction of Desalter Project/Job#1331119T, located at 32470 Paseo Adelanto, San Juan Capistrano,CA 92675. Such labor, services,equipment or materials were contracted for by:ARB INC LAKE FOREST CA, who is one of the owners, general contractors or subcontractors of this project. We are further required by law to notify you at this time that if bills are not paid in full for labor,services, equipment or materials furnished, or to be furnished,the improved property may be subject to mechanic's liens or stop notices,or a notice to withhold funds may be filed where applicable. The enclosed notice is not intended to reflect in any way on the integrity or credit standing of the contractors involved in this job,but is given merely to comply with the laws of this state. However,to fully protect yourself you may consider(1)requiring your contractor to furnish a signed release from the person or firm giving you this notice before making payment to your contractor,or(2)any other method or device which is appropriate under the circumstances to guarantee payment of this debt. We appreciate the opportunity of furnishing our services for this job and we hope it is progressing to your satisfaction. Should you have any questions concerning this request,please feel free to call us at(949)553-2167. Thank you. Sincerely, VBy�-- v Salina Reyes,Lien Administrator For: United Rentals Northwest, Inc. 19772 MacArthur Blvd. #260 Irvine, CA 92612 Phone: (949)553-2167 Fax: (949)862-1110 THIS IS NOTA LIEN. THIS NOTICE IS GIVEN CALIFORNIA PURSUANT TO SECTIONS 3097 AND 3098, PRELIMINARY CALIFORNIA CIVIL CODE. THIS IS NOT NOTICE A REFLECTION ON THE INTEGRITY OF 1111111111111111111111 ANY CONTRACTOR OR SUBCONTRACTOR. 708877 7RL80 fq%jtj37 0887 7026 112317 2003 SEP 14 PU R REBY NOTIFIED THAT... STANDARD CONCRETE PRODUCTS INC 3422 OWNER or Reputed Owner(on private work) 112 CIT`'f CLE UDPG BOX 15326 or PUBLIC AGENCY(on public work) (JAH CAPISMbWW4A CA 92735-5326 949493-1515 CAPISTRANO VALLEY WATER DISTRICT 32400 PASEO ADELANTO SAN JUAN CAPISTRANO CA 92675 has furnished or YAK furnish labor,services,equipment or materials of the following general description: 1331119T READY MIX CONCRETE AND/OR BUILDING MATERIALS CONSTRUCTION LENDER or Reputed Construction Lender,if any. for the building,structure or other work of improvement located at: NONE/BOND#24015060/BOND CO: "CONST OF DESALTER PROD" SAN JUAN BASIN AUTHORITY LEASE 32470 PASEO ADELANTO REVENUE BONDS/BNY TRUST CO SAN JUAN CAPISTRANO CA 700 S FLOWER ST#2 JOB#1331-119T LOS ANGELES CA 90017 (WELLS,WATER LINE&DESALN17.ATION ORIGINAL CONTRACTOR orPLANT) 03 Reputed Contractor,it any. 949-218-7714 An estimate=total total price of the labor,services, �n ECO RESOURCES equipment or materials furnished or to be furnished is: 6:) > 32234 PASEO ADELANTO#D $ 25,488.00 SAN JUAN CAPISTRANO CA 92675 Trust Funds to which Supplemental Fringe Benefits are payable: SUB CONTRACTOR/person or firm who contracted for the purchase of such labor,services,equipment or materials is: 949-598-9242 ARB INC 26000 COM IERCENTRE DRIVE ����nn LAKE FOREST CA 92630 BY: Cu&L L(Jr y-Q Agent Dated: 09/18/2003 (Signature) (Title) 09/03/2003 R L NOTICE TO PROPERTY OWNER OTHER INFORMATION,if any. IF BILLS ARE NOT PAID IN FULL FOR THE LABOR, SERVICES, EQUIPMENT,OR MATERIALS FURNISHED OR TO BE FURNISHED,A MECHANIC'S LIEN LEADING BOND AGENT: TO THE LOSS,THROUGH COURT FORECLOSURE MCGOWAN&ASSOCIATES PROCEEDINGS,OF ALL OR PART OR YOUR 1450 GRANT AVE#210 PROPERTY BEING SO IMPROVED MAY BE PLACED NOVATO CA 94945 AGAINST THE PROPERTY EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL. YOU MAY WISH TO PROTECT YOURSELF AGAINST THIS n CONSEQUENCE BY(1) REQUIRING YOUR f ` CONTRACTOR TO FURNISH A SIGNED RELEASE IYJ�VI 1Y1i1 ���I BY THE PERSON OR FIRM GIVING YOU THIS NOTICE 1 BEFORE MAKING PAYMENT TO YOUR a 1{ CONTRACTOR OR(2)ANY OTHER METHOD OR DEVICE t THAT IS APPROPRIATE UNDER THE CIRCUMSTANCES. This form prepared by CAPRENOS INC 4345 Murphy Canyon Rd 1 200,San Diego CA 92123(800)654-2100,FAX(858)560.7626 CALIFORNIA PRELIMINARY NOTICE AM. # 511193 , L„_ # 13-0829 Prelim # 51102161-R IN ACCORDANCE WITH SECTION 3097 AND 3098, DESCRIPTION OF MATERIALS, LABOR, SERVICES OR CALIFORNIA CIVIL CODE. THIS IS NOT A LIEN,THIS EQUIPMENT FURNISHED. IS NOT A REFLECTION OF THE INTEGRITY OF ANY OI&OIVI: RCONTRACTOR OR SUBCONTRACTOR. '- ;cIcIAT I'L\rllC wII:RI,AL6 > S1 P I YOU ARE HEREBY NOTIFIED THAT..... P.0. #'0132'1 I: INDIVIDUAL OR I IARI:ITJI ON IN Dl,'?I PIAL PL\3I IC: ADDRESS OF BUILDING, STRUCTURE, WORK OF IM- FIRM 11130 YOPBA AVT PROVEMENT CI IINO CA 91710 909-097-3611 SAA JLAN 13AclA \1I I li RLI ) I)I �,AI_II:R IIA'OR)FILL I I'RN IS II LA PC I\', PI:I\'\'[CES, Ctil'll'vII:NI- IN \1\1 IR] 32170 PA�1'0 :APFL:AN I0 cAN JI ,AN C.API�I I'AA0 CV 926,5 The name of the person of firm who contracted for the ESTIMATED TOTAL PRICE OF THE LABOR, SERVICES, purchase of such labor, services, equipment or material is: EQUIPMENT OR MATERIALS DESCRIBED HEREON. ;ARB, IVC. 360000 MMI:PCEN TPI, UR. S IUU.000.00 A\IL\I)I I) LAKE 1:0121;1, CA. 92630 _ TO: ACC"1#030313 051102161-1' BUT NOT LIMITED TO CONSTRUCTION LENDER OR JVA'"NLP/I-IAAN'CLD REPUTED CONSTRUCTION TRUST FUNDS TO WHICH SUPPLEMENTAL FRINGE BENEFITS ARE PAYABLE LENDER 51102161-R- . C/) D o 2 0 TO: C_ BOND 13on1I #. C=C') M Co. n D� ry M D rT: (MATERIAL MEN NOT RE06Q TOFU;QSHTH VE) 51 10216 TO: OWNER LAPIS-1 P ANO V',ALLPI WATER 1)1?TRICT NOTICE TO PROPER OWNER OR A C���1P��N I NT 1 N11 ��I lli Ii Cll Y��I S.J.C. If bills are not paid in full for the labor,services, equip- REPUTED 321001 ASEO Au1_L,ANT0 ment, or materials furnished or to be furnished, a OWNER r AN f l'.AN CAPJr (RANO C\ 92675 mechanic's lien leading to the loss, through court fore- closure proceedings,of all or part of your property being 5Ho2161-I2-�� 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) TO: requiring your contractor to furnish a signed releaseby ORIGINAL ECO RL-401'RCl'? IVCIECO CAN'T RANO VAI _>t person or firm giving you this notice before making CONTRACTOR 32231 P:A�LO ADEL AN 10 payment to your contractor or (2) any other method or OR ;,AN JI',AN (-Al1[c iILAN0 C 926',5 device which is appropriate under the circumstances. REPUTED ^ CONTRACTOR V 01102161-R-6 I, declare that I served copies of the above Preliminary Notice by first clas fig' 6,rii{i@d omail, postage prepaid, on the lender, owner, original contractor, and the prime subcontractor atte ove addresses 00.09-03 INLAND PRELIM SERVICES, INC. /z� Mr THIS IS NOTA LIEN. THIS NOTICE IS GIVEN CALIFORNIA PURSUANT TO SECTIONS 3097 AND 3098, PRELIMINARY CALIFORNIA CIVIL CODE. THIS IS NOT NOTICE A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR. 7108 1800 8317 0448 9025 110008 704489 Make all checks jointly ble YOU ARE HEREBY NOTIFIED THAT... EL TORO MATERIALS 1184 OWNER or Reputed Owner(on private work) 021 20851 EL TORO RD or PUBLIC AGENCY(on public work) LAKE FOREST CA 92630 949493-1515 CAPISTRANO VALLEY WATER DISTRICT 32400 PASEO ADELANTO SAN JUAN CAPISTRANO CA 92675 has furnished or will furnish labor,services,equipment or materials of the following general description: 1632 SAND AND GRAVEL MATERIALS CONSTRUCTION LENDER or Reputed Construction Lender,if any. for the building,structure or other work of improvement located at: NONE/BOND CO: "CONSTRUCTION OF DESALTER PROJECT" SAN JUAN BASIN AUTHORITY LEASE 32470 PASEO ADELANTO REVENUE BONDSBNY TRUST CO SAN JUAN CAPISTRANO CA 700 S FLOWER ST#2 JOB#1331119T LOS ANGELES CA 90017 (WELLS,WATER LINE& ORIGINAL CONTRACTOR or DESALINIZATION PLANT) 03 Reputed Contractor,if any. / An estimate of the total price of the labor,services, J ECO RESOURCES 06 equipment or materials furnished or to be furnished is: 32234 PASEO ADELANTO#D $ 35,000.00 SAN JUAN CAPISTRANO CA 92675 Trust Funds to which Supplemental Onge Berets are payable: = c c_ SUB CONTRACTOR/person or firm who contracted for D' _ m the purchase of such labor,services,equipment or materials is: n 714-447-9760 .o r u'1 m ARBINC y- -O P O BOX 1404 a: PARAMOUNT CA 90723 BY: 1lN10,141MYvn _; ent tated�/11/2003 (Signature) afkle) 08/22/2003 G R L C7 OTHER INFORMATION,if any. NOTICE TO PROPERTY OWNER IF BILLS ARE NOT PAID IN FULL FOR THE LABOR, SERVICES, EQUIPMENT, OR MATERIALS FURNISHED OR TO BE FURNISHED,A MECHANIC'S LIEN LEADING BOND#24015060/BOND AGENT: TO THE LOSS,THROUGH COURT FORECLOSURE MCGOWAN&ASSOCIATES PROCEEDINGS, OF ALL OR PART OR YOUR 1450 GRANT AVE#210 PROPERTY BEING SO IMPROVED MAY BE PLACED NOVATO CA 94945 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 A 1 BY THE PERSON OR FIRM GIVING YOU THIS NOTICE ` O BEFORE MAKING PAYMENT TO YOUR CONTRACTOR OR(2)ANY OTHER METHOD OR DEVICE THAT IS APPROPRIATE UNDER THE CIRCUMSTANCES. This form prepared by CAPRENOS INC 4345 Murphy Canyon Suite 200,San Diego CA 92123(800)6542100,FAX(858)560.7626 THIS IS NPT A LIEN. THIS NOTICE IS GIVEN CALIFORNIA PURSUANT TO SECTIONS 3097 AND 3098, PRELIMINARY CALIFORNIA CIVIL CODE. THIS IS NOT NOTICE A REFLECTION ON THE INTEGRITY OF 111111111111111111111111 ANY CONTRACTOR OR SUBCONTRACTOR. 7108 1800 8317 0620 9027 199812 706209 Make all checks'ointlpayable YOU ARE HEREBY NOTIFIED THAT... VULCAN MATERIALS CO CALMAT DIV 5665 OWNER or Reputed Owner(on private work) 02 3200 SAN FERNANDO RD or PUBLIC AGENCY(on public work) LOS ANGELES CA 90065 CAPISTRANO VALLEY WATER DISTRICT 32400 PASEO ADELANTO SAN JUAN CAPISTRANO CA 92675 has fumished or will furnish labor,services,equipment or materials of the following general description: 1183877 READY MIX CONCRETE,ROCK, SAND,GRAVEL,PAVING MAILS CONSTRUCTION LENDER or ASPHALT,PRODUCTS&SVCS Reputed Construction Lender,if any. for the building,structure or other work of improvement located at: NONE/BOND CO: "CONSTRUCTION OF DESALTER PROJECT" SAN JUAN BASIN AUTHORITY LEASE 32470 PASEO ADELANTO REVENUE BONDS,BNY TRUST CO SAN JUAN CAPISTRANO CA 700 S FLOWER ST SUB JOB/PO#1331119T CRAIG LOS ANGELES CA 90017 (INCLUDES WELLS,WATER LINE& ORIGINAL CONTRACTOR or03 DESALINIZATION PLANT) Reputed Contractor,if any. 949-218-7714 ^ An estimate of the total price of the labor,services, ECO RESOURCES/ECO CAPISTRANO L \b equipment or materials furnished or to be furnished is: VALLEY INC 32234 PASEO ADELANTO#D $ 4,000.00 SAN JUAN CAPISTRANO CA 92675 Trust Funds to which Suppleme Fringe ppoleftts are payable: Z `� SUB CONTRACTOR/person or firm who contracted for D n m m the purchase of such labor,services,equipment or materials is: "O n 949-598-9242 j� CJ7 m v ARBINC < 26000 COMMERCENTRE DR �,..1�n n m CJ LAKE FOREST CA 92630 BY: f rirv,IAJAYQ nAgent 4d Datq a 09/11/2003 (Signature) O (Title) 08/27/2003 R L OTHER INFORMATION,if any. NOTICE TO PROPERTY OWNER IF BILLS ARE NOT PAID IN FULL FOR THE LABOR, SERVICES, EQUIPMENT, OR MATERIALS FURNISHED OR TO BE FURNISHED,A MECHANIC'S LIEN LEADING TO THE LOSS,THROUGH COURT FORECLOSURE PROCEEDINGS, OF ALL OR PART OR 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 n CONSEQUENCE BY(1) REQUIRING YOUR CONTRACTOR TO FURNISH A SIGNED RELEASE BY THE PERSON OR FIRM GIVING YOU THIS NOTICE U�^ BEFORE MAKING PAYMENT TO YOUR CONTRACTOR OR(2)ANY OTHER METHOD OR DEVICE Il �7 THAT IS APPROPRIATE UNDER THE CIRCUMSTANCES. This form prepared by CAPRENOS INC 4345 Murphy Canyon 4urte 200,San Diego CA 92123(800)850-2100,FAX(858)5607626 MW Western Dlvlslon It is impossible for Vulcan to know with any exact certainty the total dollar amount of materials and services to be provided by Vulcan to the work of improvement. Because of this, before any amounts are paid to the contractor, or subcontractor, you should request a signed release document from Vulcan. 3200 SAN FERNANDO ROAD•LOS ANGELES,CALIFORNIA 90065-1415•TELEPHONE 323 256-2777 p sem,-4opk s CER'Ulkjii6l,MAIL NLS,,.; —. . C.ALIFifo"i.:. PRELIMINARY NOYrCE t;: In accordance with sections 3097 and 7100 6309 2640 1938 8476 3098,California Civil Code THIS IS NOTA LIEN. This is NOT a reflection on the integrity of any contractor or subcontractor. You ar�'ge,rebyfol -{fat I has furnished or will furnish labor,service,equipment or material of the following general description: it 6:i :,I.1-i, for building structure, or other work of improvement I located at The nab of the per 'pr firm w}iP�nk, ted for the purchase of such labor, services, equipment or material furnished is An esqfii f 1kh, ;�_t tp e SP1, �epryices, equipment or material is d ER i<Csu_Ik'Cc (c _t p NOTICE TO PROPERTY OWNER If hills mo not pnle in lull for the labor,services.qulpmenl or materials furnished o of to be furnished,o movank's has leading to the las,thronph pend Mrectorw v �l H:': proceedings,of NI or Pert of your property being so ImpraeE may he Placed Mini m 1N property even though you hoe paid your contractor In full. You may wish to H�-' Nr) Nom`i -. M1:N"•:U r Protoot Them"ugolat this commence by(1)mane your contractor to funis o signed Milne by tM penton or firm pltlng you this nada bohn Maine payment p to beer comrocea or(2)may other method or device that is apenprWe under the chcumt g. t S�df') � 9H1 � N �.Nul_ it,�ruCix OM'd211 1.!a7 �ay31 oil I ( r � '., f Ir,IF. � •Y:i'.? I Vt;L ; tr If..IF lll� 4A) l'-N'.-aE, i-iul;i-t-r Pu I.I ! z-`irt Ir y(„ 1ii'f�'�.Shr ` LId 'iu:N 14 C127073 CALIFORNIA PRELIMINARY NOTICE IN ACCORDANCE WITH SECTION 3097 AND 3098, CALIFORNIA CIVIL CODE THIS IS NOT A LIEN,THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR YOU ARE HEREBY NOTIFIED THAT .... WEST COAST SAND&GRAVEL CONSTRUCTION LENDER or 7312 ORANGETHORPE BUENA PARK,CA 90621 Reputed construction Lender, if any. (BOND)#24015060 MCGOWAN& 714-522-4403 ASSOC. has furnished or will furnish labor,services,ripment or materials 1450 GRANT AVE#210 of the following general description: 2 0 NOVATO,CA 94945 L r... BUILDING MATERIALS&RELATED C=n m PRODUCTS,DELIVERY - ' (:7 M for the building,structure or other work of!Iement locate CONSTRUCTION OF DESALTER w mm PROJECT,WELLS,WATER LINE&DESA J(YATq§PLAt�- CAMINO DEL AVION&ALIPAZ D = N SAN JUAN CAPISTRANO,CA cm) O Mu nabob of its yeidu„Ji m:..woo wr.Ldutau,c, me pu,-;::db6 vi such labor,services,equipment or material is: 71006309264022300847 ARB INC ` 26000 COMMERCENTRE DR LAKE FOREST,CA 92630 OWNER or PUBLIC AGENCY or Reputed Owner (on public work) 949-598-9242 (on private work) An estimate of the total price of the labor,services,equipment or materials furnished or to be furnished is: $5100.00 CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO Trust Funds to which Supplemental Fringe benefits are payable: SAN JUAN CAPISTRANO,CA 92675 NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor,services,equipment,or materials furnished or to be furnished,a mechanic's Ilan leading to the loss,through court foreclosure proceedings, of all or pan 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 u.ae:....^w b,-;.) M'uiri..y y1..: 41g,.cc . a a by the person or firm giving you this notice before making payment to your contractor or(2)any other method or device that is appropriate under the circumstances. - 71006309264022300854 Dated 9/4/2003 - -� ORIGINAL CONTRACTOR or Reputed Contractor, if any. - Signature (title) ARB INC 26000 COMMERCENTRE DR LAKE FOREST,CA 92630 PRELIM SYSTEMS INC.,P.O.BOX 385,LA VERNE,CA 91750-0385 949-598-9242 E,7 ,o Zi- v o.-I`o � r PRELIM SYSTEMS, INC ��-+�• ��—� �1J r-+-• P.O.BOX 385 LA VERNE,CA 91750-0385Al�a * ��—� pn f 1220 U.S.POSTAGE P B 3 5 8 2 7 0 4 8280 $3 6 n04.420 ILED FROIM ZIP EP 0491750 711 D 113 3 :1[31L 1 323[ 11 5L- " RETURN AlCE?1P'f REQUE:tTED CITY OF SAN JUAN CAPISTRANO 32400PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 y, a. •98675- 36�", 52 till 1611111111111111111 ��u��nn.���,�n•�,n��.�n� Dated: 10/28/03 CA229460 RE l`f�ly N7 J6621 0676 1434 CALIF lI.f P MINARY NOTICE In accordant ttW� Ions 007 and 3098, California Civil Code This is not a Lien, This is not a re#Ie4Ftion on the integrity of any contractor or subcontractor Reputed Owner S n H ,f}r,i (;,t,i'I S 1 R,v!0 1 -You are hereby notified that 10/26/03 CA229460 MR CRANE INC CAPISTRANO VALLEY WATER 647 N HARITON ST DISTRICT ORANGE CA 92668 32400 PASEO ADELANTO 2-Has furnished or will furnish labor, SAN JUAN CAPISTRANO CA 92675 services,equipment,or materials of the following general description: CRANE RENTAL Reputed Construction Lender or Lessee CO#LINE & DESALINIZATION PLANT 3-An estimate of the total price of the BOND#24015060/LIBERTY MUTUAL labor,services,equipment, or materials furnished or to be furnished is: INS CO/505 S MAIN ST#830 ORANGE CA 92686 $1,947.00 4-The building,structure or other work of Reputed Original Contractor improvement is located at: ECO RESOURCES DESALINIZATION PLANT 32234 PASEO ADELANTO#D 32470 PASEO ADELANTO SAN JUAN CAPISTRANO CA 92675 SAN JUAN CAPISTRANO CA UNKNOWN 5-The name of the person or firm who contracted A.D.C. for the purchase of such labor,services, equipment or material is: NOTICE TO PROPERTY OWNER ARB INC 2600 COMMERCENTRE IF BILLS ARE NOT PAID IN FULL FOR THE LABOR, LAKE FOREST CA 92630 SERVICES, EQUIPMENT, OR MATERIALS FURNISHED 6-Name and address of Trust Funds to which OR TO BE FURNISHED,A MECHANICS' LIEN LEADING Supplemental Fringe Benefits are payable TO THE LOSS,THROUGH COURT FORECLOSURE (if applicable): 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 7-Jobsite is Federal Public Work Title 40 USC (1) REQUIRING YOUR CONTRACTOR TO FURNISH A Sec.270A-270E. RELEASE SIGNED BY THE PERSON OR FIRM GIVING Contract# YOU THIS NOTICE BEFORE MAKING FINAL PAYMENT Bond Co: TO YOUR CONTRACTOR OR(2)ANY OTHER METHOD OR DEVICE THAT IS APPROPRIATE UNDER THE CIRCUMSTANCES. Signed 1� n thorized Agent Y� Construction Notice Servic Inc. 1-800-366.5660 0 0 CALIFORNIA PRELIMINARY NOTICE In accordance with sections 3097 and 3098, California Civil Code. THIS IS NOTA LIEN. ,Tjyjr r)gtg�Mion on the integrity of any contractor or subcontractor. r(t lr C V C V You are hereby notified that REPUTED CONSTRUM190 QIENINEF U ALL AMERICAN PIPE & STEEL INC. Cl Ue CLEMi - P.O. BOX 1738 FONTANA_ CA 92334 SAN JUAN CAPISTRANO has furnished or will furnish labor, service, equipment the following general description: STEEL PRODUCTS CERTHU-D MAIL# for the project located at SAN JUAN CAPISTRANO DESALTER PROJECT SAN JUAN CAPISTRANO, CA REPUTED OWNERS)/PUBLIC BODY CAPISTRANO VALLEY WATER DISTRICT The name of the person or firm who contracted for CAPI CAPIPASEO ADELANTO the purchase of such labor, services, equipment or 32400 material furnished is: SAN JUAN CAPISTRANO CA 92675 ARB INC CERTIFIED MAIL#7002 3150 0000 2103 3232 An estimate of the total price of the labor, services, equipment or material is: $ 20 000.00 REPUTED ORIGINAL CONTRACTOR ECO RESOURCES Attn: Subcontractors 32234 PASEO ADELANTO SUITE D Section 3097 requires that if you give this notice SAN JUAN CAPISTRANO CA 92675 and you have failed to pay all compensation due to your laborers on the job, this notice shall also contain the identity and address of any laborer and CERTUMD MAIL#7002 3150 0000 2103 3225 any express trust fund to whom employer payments are due. REPUTED SUB-CONTRACTOR(S) NOTICE TO PROPERTY OWNER ARB INC. If bills are not paid in full for the labor, services, 26000 COMMERCE CENTRE DRIVE equipment or materials furnished or to be furnished,a LAKE FOREST, CA 92630 mechanics' lien leading to the loss, through court foreclosure proceedings, of all or part of your property being so improved may be placed against the property even though you have paid your contractor in full. You may wish (1) requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor or n i (2) any other method or devise that is appropriate under the circumstances. Date: OCTOBE 3 drey Perry V Signature: edit Dept. Telephone: 909-823-8555 Dated: 08/25/03 CA207947 11111111111111111111 7114 7389 6621 0626 8384 CALIFORNIA PRELIMINARY NOTICE In accordance with sections 3097 and 3098, California Civil Code This is not a Lien, This is not a reflection on the integrity of any contractor or subcontractor Reputed Owner 1 -You are hereby notified that 08/25/03 CA207947 HERTZ EQUIPMENT RENTAL#9636 CAPISTRANO VALLEY WATER 16351 CONSTRUCTION CIRCLE WEST DISTRICT IRVINE CA 92714 32400 PASEO ADELANTO 2-Has furnished or will furnish labor, SAN JUAN CAPISTRANO CA 92675 services,equipment,or materials of the following general description: 714-551-2544 Reputed Construction Lender or Lessee HEAVY CONSTRUCTION EQUIPMENT CO#CONST OF DESALTER PROJ 3-An estimate of the total price of the BOND#24015060/SAN JUAN BASIN labor,services,equipment,or materials furnished or to be furnished is: AUTH LEASE REV BONDS%MCGOWAN & �' ASSOC/NOVATO CA 94945 $5,000.00 Z u cn a Rl 4-The building,structure or ofher..Wor if 0 Reputed Original Contractor improvement is located at: =-� IV IT7 6-ARB YARD -ARB Y 3'� Cr — ECO RESOURCES vrr; 32234 PASEO ADELANTO#D CONST OF DESALTER PROdi z_ O m SAN JUAN CAPISTRANO CA 92675 32470 PASEO ADELANTO A� W 0 SAN JUAN CAPISTRANO CA&; O 92675 C) cn UNKNOWN 5-The name of the person or firm who contracted A.D.C. for the purchase of such labor,services, equipment or material is: NOTICE TO PROPERTY OWNER 6003093/ARB INC 26000 COMMERCENTRE DR IF BILLS ARE NOT PAID IN FULL FOR THE LABOR, LAKE FOREST CA 92630 SERVICES, EQUIPMENT, OR MATERIALS FURNISHED 6-Name and address of Trust Funds to which OR TO BE FURNISHED,A MECHANICS' LIEN LEADING Supplemental Fringe Benefits are payable TO THE LOSS,THROUGH COURT FORECLOSURE (if applicable): 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 7-Jobsite is Federal Public Work Title 40 USC (1) REQUIRING YOUR CONTRACTOR TO FURNISH A Sec.270A-270E. RELEASE SIGNED BY THE PERSON OR FIRM GIVING Contract# YOU THIS NOTICE BEFORE MAKING FINAL PAYMENT Bond Co: TO YOUR CONTRACTOR OR(2)ANY OTHER METHOD OR DEVICE THAT IS APPROPRIATE UNDER THE CIRCUMSTANCES. \/ �/j//,,, r /,� Signed J( i r"a �/ �YI./ � � ®�Authorized Agent Construction Notice Services,Inc. 1-800.366-5660 CALI&NIA PRELIMINARY I`TICE Ac,L. # 511493 - 1 # 10-1-01?9 P,Jim # 51103161 IN ACCORDANCE WITH SECTION 3097 AND 3098, DESCRIPTION OF MATERIALS, LABOR, SERVICES OR CALIFORNIA CIVIL CODE. THIS IS NOT A LIEN,THIS EQUIPMENT FURNISHED. IS NOT A REFLECTION OF THE INTEGRITY OF ANY COPPOFIA'E PE81r 1 \NT 1'I ,ADTIC CONTRACTOR OR SUBCONTRACTOR. tiPl;v. t I rPLlr.= YOU ARE HEREBY NOTIFIED THAT..... P.O. # 1513?I R INDIVIDUAL OR I1ArIIINLI ION INDI S-1RIAL PLA;TIC� ADDRESS OF BUILDING, STRUCTURE, WORK OF IM- FIRM 14480 )01ZI;,A ,AVL PROVEMENT CI 11 NO CA 91710 909-597-5641 3.AN JI',AN IIAc1N AIT IIOPI IY ])Ii-,AL11:I: 1IAsOROrli1.r-( RNJ�rIi.AROR, :E1,'v1l , rCl'Ir:yevr c1,v1vIERI M . I'POjlCc1- 3247(1 P.\r LO ADE LAN J The name of the person of firm who contracted for the �'P ,O i.API.r BO S R I purchase of such labor, services,equipment or material is: ESTIMATED TOTAL PRICES ES LABOR, SERVICES, EQUIPMENT OR MATERIALS DESCRIBED HEREON. APB. INC. 26000 COMMn_110ENTIZE Mv!. s ,5.unn_uu LAKE FORT- T, CA. 9 630 TO: ACCI#03084; 0SI103161_: BUT NOT LIMITED TO CONSTRUCTION LENDER OR REPUTED OWN1:11"TINANCI-A) CONSTRUCTION TRUST FUNDS TO WHICH SUPPLEMENTAL FRINGE BENEFITS ARE PAYABLE LENDER Ln _ D o 'T' W c C-) c (T1 51103161- . D-� c� n z TO: - rn BOND Dr Co. R,;,,d #. vm N T rn (MATERIAL MEN NOT REOUIRED29 FURNISIQIIE ABOVE) Co TO: 51103161-13 OWNER NOTICE TO PROPERTY OWNER OR C\I1111y,ANC A',ALU: \KAILl2UIQII�IC1, REPUTED A COM I'ON FNJ I 1101 111 F. CIT) OE �J.C. If bills are not paid in full for the labor,services, equip- OWNER 32400 PAS 1'O ,\ )I I_,A\ 10 ment, or materials furnished or to be furnished, a AN 1t AN C,ll'li Il:AVO L',A 92675 mechanic's lien leading to the loss, through court fore- closure proceedings,of all or part of your property being ,110;161 i 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) TO: requiring your contractor to furnish a signed release by ORIGINAL the person or firm giving you this notice before making CONTRACTOR LCO 111Fo01' CEs INC/ _CO C:APIPI R,ANCS V',AI 1.0iyrnent to your contractor or (2) any other method or OR 32234 P,AALO API.VV 10 device which is appropriate under the circumstances. REPUTED SAN P:AA CAPI:IIZ.A.NO C\ 92)15 CONTRACTOR 01103161-6 I, declare that I served copies of the above Preliminary Notice by first clagis certified mail, postage prepaid, on the lender, owner, original contractor, and the prime ssubcontrac(tt r �t esses t ' v�� T lYLll CZC.�1J� ('` 11 I'3 INLAND PRELIM SERVICES, INC. QKIFORNIA PRELIMINARY NOTIM THIS IS NOT A LIEN. THIS N IS GIVEN PURSUANT TO SECTIONS 309 3098,CALIF.CIVIL CODE NOTICE TO PROPERTY OWNER IF BILLS ARE NOT PAID IN FULL FOR THE LABOR, SERVICES, EQUIPMENT, OR MATERIALS FURNISHED OR TO BE FURNISHED, A MECHANICS' LIEN LEADING TO THE LOSS, THROUGH COURT FORECLOSURE PROCEEDINGS, OF ALL OR PART OF YOUR PROPERTY BEING SO IMPROVED MAY BE PLACED AGAINST THE PROPERTY EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL. YOU MAY WISH TO PROTECT YOURSELF AGAINST THIS CONSEQUENCE BY (1) REQUIRING YOUR CONTRACTOR TO FURNISH A SIGNED RELEASE BY THE PERSON OR FIRM GIVING YOU THIS NOTICE BEFORE MAKING PAYMENT TO YOUR CONTRACTOR OR (2) ANY OTHER METHOD OR DEVICE THAT IS APPROPRIATE UNDER THE CIRCUMSTANCES. (THIS STATEMENT IS APPLICABLE TO PRIVATE WORKS ONLY) YOU ARE HEREBY NOTIFIED: THE NAME AND ADDRESS OF THE PERSON OR FIRM WHO HAS FURNISHED OR WILL FURNISH DATE: July 22, 2003 LABOR,SERVICE,EQUIPMENT OR MATERIAL OF THE FOLLOWING DESCRIPTION IS: JOHNSON—PELTIER ELECTRIC DESALTER PROJECT ( ME) (DESORIFODNC MWTERMS,LIBOR.MRMESOR WUNAIEM FURNISHED OM1 TORE FURNISHE)) � 12021 S. SHOEMAKER AVE. ` x SANTA F SPRI S CA 90670 •" ( 5 ) (n 7" 32470 PASEO ADELANTO (SI A E) (ADDRESS OF WLDING.STRUCTURE,WORK OF OVE NT) SFC./TREAS. JULY 2, 2003 SAN JUAN CAPISTRANO, CA 92675 ' . (TITLE) ATE) (CATV) (STATE) THE NAME AND ADDRESS OF THE PERSON WHO CONTRACTED FOR THE PURCHASE OF(PRIVATE WORKS)OR WHO WILL BE FURNISHED(PUBLIC WORKS) SUCH LABOR,SERVICE,EQUIPMENT OR MATERIAL IS LEASE HOLD OWNERS)(TENANT IMPROVEMENT) OR TRUST FUND IF APPLICABLE ,.? CAPISTRANO VALLEY WATER DISTRICT ( ) 32900 PASEO ADELANTO (�w) N.E.C.A. �� SAN JUAN CAPISTRANO, CA 92675 (Aa�)401 SHATTO PL. , LOS ANGELES,CA (Herr) rZ 41, ARB, Inc. (Aaalers) 26000 COMMERCENTRE DRIVE LAKE FOREST, CA 92630 O (Aadees) SAN JUAN BASIN AUTHORITY, LEASE REVENUE ESTIMATED PRICE OF THE LA4SERVICE&kOUIP" OR BNY TRUST COMPANY / 700 S. FLOWER ST. MATERIALS DESCRIBED HEREOW v 1 C— LOS ANGELES, CA 90017 �� c PROOF OF SERVICE AFFIDAVIT �� < (SECTION 3097.1 CALIFORNIA CML CODE) m 1,KAREN STRUTMAN ,declare that I served copies of the above PRELIM'NOTICE(emonate box): me a. ❑ By personally delivering copies to at ';0R V' (n&W(5)and s rso pen on ,at m. w (dat e (time) O b. ® By first-class certified or registered mail service,postage prepaid,addressed to each of the parties at the addresses shown above on JULY 22, 2003 1 declare under penalty of perjury that the foregoing is true and correct. Signadat 12021 S. SHOEMAKER AVE. SANTA FE SPRINGS ,califorria,or, JULY 22, 2003 ATTACH RECEIPTS OF CERTIFIED OR REGISTERED MAIL WHEN RETURNED - �� Fill out form and make copcompleted form as needed (Sgnatum of person maMno aenrice) Revised�2000 � ` _ � ��� ox P.O.B7.����PI201,S!652-7237�� FORMA CERTIFIED MAIL NUMBER CA . rREeMII1IARY NOTICE NnS+II "4110 tEWIY' Nf' A C,i ' a,-,rdance with sec -,3Q97 and J, ;<"::: i][] 6309 2640 1826 7239 3098, Calif orniaCivilCode7H151S ,, NFWGCIRT 4C6CH, C'A '1r r LIEN. This is NOT a reflection on tlae, integrity of any contractor or subcontractor. You are hereby notified thatA'``;+"'IF+1 t L F•r-H riy f{�lF11tiF� NEWPORT BEACH, CA .64'f has furni he�orrwilf>furnish'labor, service, equipment or material of the following general description: READY MIXED l,C}:.MwV ?F for building structure,or other work of improvement c y located at '470. GASFU 'ITYLLAPg1t �.'��NL.2D0Pt;2- ;a The name of the personor firm who contracted for the purchase of such labor, services, equipment or material furnished is z APB INC JOB#1436340 Gi5 BOX Fjlf,r> r ! An estimate of the total price of the labor, serviceSA#iIjrIfjggtidi rnabwial is * GENt:RNI_ CONTRACT-iR tx a NOTICE TO PROPERTY OWNER ? a Ei_D RESOURCES X hills are net paid In full for the labor,services,equipment or materials furnished S or to he furnished,a mechanic's lien leading to the INS,through court mreclesure 3 _ pmceedings,m all or part of Your property being se bolstered may he placed against m l _234 GASEU ADELANTO ;•TE D the property even though you have paid your contractor In full. you may wish to oAla JUAN CAG I ST RANG. CA '32u7.` protect yourself against this consequence by(1)requiring your contractor m furnish a a signed release by the person or firm giving you this notice before mauing payment o to Your contractor or f2f any other method m device that is appropriate under the n *x z LENDER/SURETY *S** cireumstancu. LIBERTY MUTUAL INS CO (949) e53-c800 AND#2412115060 505 SOUTH MAIN STREET $UT1E 8/�n �. ORANGE, CA y286At u7t;r19/2003 + * CUSTOMER **+ X g n aWNE PIRk`PUTED OWNER u+++ ARB INC JOB41.436340 CAPTRAgtU VALLEY WATER DIST G'0 Box 5166 1:6000 COMMERCENTRE OR. 32400 -C4 ECS ADELANTO LAKE FORES', CA W6:rO SAN JUAN CAPISTRANO. CA 92675 `Yd, �� .w+►�. - rrtih'::.� .�+ POSTMAN DELIVER THIS ENVELOPE TO ADDRESS ON REVERSE SIDE <rs 'CERTIFIED MAIL NUMBER CALIFORNIA PRELIMINARY NOTICE f rfy�51.1[ >ti[a:if F E. �;' i i, t* ' accordance with sections 3097 and s.. 0 6309 264 1826 697 to098,California Civil Code THIS IS NOT A _ LIEN. This is NOT a reflection on the integrity of any contractor or subcontractor. � You are hereby notified that C1CIitIF.t' r.F��L• ig-�, �'iFA NEWC ORT PE dCH, CFt 91'66(( has furnished or w TutlrnisM1 labor,service,equipment or material of the following general description: PEP )Y MIXED CONIC FF 7: for building structure, or other work of improvement j located at 4 '40 C'a�EG Ai1El 6)iaT.7, 1001 AIN M,.W2t7 i The name of the personor firm.who contracted for the purchase of such labor, services, equipment or material furnished is S ARB '[NC FSG Bt7'n 516L JOT,*1436lit' �i � An estimate of the total price of the labor, services&AWpMpl.bOpateljal i$, ] 340,000, 00 *t*w GENER 1L CON'FFii CTOR k*» NOTICE TO PROPERTY OWNER I 71,0 RESC4IR :ES o hills are not paid In NII for the lobar,services,equipment through u h court rec"furnished o or ce di furgs,of all a part of ic'syou Iles leading to the lass, ed mah court and against pretproperty a all though part al.our property being n Improved hilly be placed wish to m 0 the property Been Ihough You Aare gold Your contractor In NIL You may mlEh in _ SAN JUAN I` )PI STRAND, CA 9,`E.7 protect.ourself against this consequence by 10 requiring.our contractor to furnish A r - a signed release by the person or firm giving von this notice before making payment o N your contractor or 121 any other method or device that is appropriate under the n LENDE z/SLIRETY ** circumstances. I LIBERTY MUTUAL INS ED (949) 253-2800 BND#24015&+O j 505 SOUTH APIN STREET SUTIE 8,30 ORANGE, GA 928E8V /� /1 ,j ra0 ����1o3� 06/19i.'003 **x* CUSTOIIER *# �w]��/�//b ***k trWN'r_RiREPU"[ECr OWNER + F++ ' ARP alai; CAF'I`iiRAND VALLEY WAR._R MIST 3 PO BOX 5161, JOB#1436-340 .'6000 t.;OMWRCENTRE: DR. .:;x:400 PASEG ADELANTO L.At,E FIRES CA 92630 SAN JUAN CAPISTRANO, CA 92675 a r:-�• ' B--NZAQ'q..'���" -'fir" '�!fliilnsli, �� A" " Ae'10 -II$ 10"111 / Dated: 07107103 CA192777 7114 7389 6621 0592 5271 CALIFORNIA PRELIMINARY NOTICE In accordance with sections 3097 and 3098, California Civil Code This is not a Lien, This is not a reflection on the integrity of any contractor or subcontractor Reputed Owner 1 -You are hereby notified that 07107103 CA192777 HERTZ EQUIPMENT RENTAL#9647 CAPISTRANO VALLEY WATER 25831 W WRIGHT ST DISTRICT FOOTHILL RANCH CA 92610 32400 PASEO ADELANTO 2-Has furnished or will furnish labor, SAN JUAN CAPISTRANO CA 92675 services,equipment,or materials of the following general description: HEAVY CONSTRUCTION EQUIPMENT Reputed Construction Lender or Lessee CO#LINE & DESALINIZATION PLANT 3-An estimate of the total price of the BOND#24015060/LIBERTY MUTUAL labor,services,equipment, or materials furnished or to be furnished1s: INS CO/505 S MAIN ST#830 o ORANGE CA 92686 $50,000.00 c C- 4 4-The building,structure or other wprk of 0 Reputed Original Contractor improvement is located at:F" -0 7 ECO RESOURCES 139 ARB INC -ARB IN D 32234 PASEO ADELANTO#D 32470 PASEO ADELANTO SAN JUAN CAPISTRANO CA 92675 VARIOUS WELL& PIPELINE P LOCATIONS/SAN JUAN ^� CAPISTRANO CA 92675 UNKNOWN 5-The name of the person or firm who contracted A.D.C. for the purchase of such labor,services, equipment or material is: NOTICE TO PROPERTY OWNER 6003093/ARB INC 26000 COMMERCENTRE DR IF BILLS ARE NOT PAID IN FULL FOR THE LABOR, LAKE FOREST CA 92630 SERVICES, EQUIPMENT, OR MATERIALS FURNISHED 6-Name and address of Trust Funds to which OR TO BE FURNISHED,A MECHANICS' LIEN LEADING Supplemental Fringe Benefits are payable TO THE LOSS, THROUGH COURT FORECLOSURE (if applicable): 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 7-Jobsite is Federal Public Work Title 40 USC (1) REQUIRING YOUR CONTRACTOR TO FURNISH A Sec. 270A-270E. RELEASE SIGNED BY THE PERSON OR FIRM GIVING Contract# YOU THIS NOTICE BEFORE MAKING FINAL PAYMENT Bond Co: TO YOUR CONTRACTOR OR(2)ANY OTHER METHOD OR DEVICE THAT IS APPROPRIATE UNDER THE CIRCUMSTANCES. Signed ` Authorized Agent ...A�•_sc �a--J V0 H 1-93 Construction Notice Services,Inc. 1.800-366-5660 &LIFORNIA PRELIMINARY NO* IN ACCORDANCE WITH SECTION 3097,3098,AND 3111 OF THE CALIFORNIA CIVIL CODE (as amended by Assernbly Bill 4092,effective January 1.1997,and January 1,1978) THIS IS NOT A LIEN OR A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR. YOU ARE HEREBY NOTIFIED THAT... CONSTRUCTION LENDER or AMERICAN STANDARD CONCRETE PUMPING, INC. Reputed Construction Lender,Hany 215 NORTH JOY STREET CORONA CA 92879-1323 NONE Has furnished or wil furnish labor,services,equipment or materials of the following description: CONCRETE PUMPING SERVICES --- FOLD HERE ubY far the building,structure or otharwurk a improvement located at 32470 PASE ADELANTO-ARB JOB01466340 acre.,.aewpan se»pe,w SAN JUAN CAPISTRANO CA. 92675 COUNTY OF ORANGE OWNER or PUBLIC Agency The name of the person a firm who contracted for the purchase of such labor, or Reputed Owner (on public work) services,equipment or material is: (on private work) y n x o ARB INC. ccs CAPISTRANO VALLEY WATER DIST. < N n 32400 PASEO ADELANTO An estimate of the total price of the labor,services,equipr' "f rraterw _M SAN JUAN CAPISTRANO CA.92675 fumishedortobefumishedis. �� D 520,000.00 (JLYmbmWbMWMY[mNtlln Yb�, ubo ,APF N[M Notice is hereby given of a collective-0argaining agreemiL to pay 9T 'ental hinge benefits into an express trust fund a funds as debed in sect 3111 These funds are listed as folbxs'. FOLD HERE NOTICE TO PROPERTY OWNER If bills are not paid in full fox the labor,services,equipment,or materials furnished or to be ftmished,a mechanic's lien Wading to the loss, through court foreclosure proceedings,of all or part of your properly 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 ORIGINAL CONTRACTOR or signed release by the person or firm giving you this notice before making Reputed Contractor,if any payment to your contractor or(2)any other method or device which is appropriate under the circumstances. Dated: July 3, 2003 Tel.No: 909-278-2311 ECO RESOURCES 32234 PASEO ADELANTO SUITE D SAN JUAN CAPISTRANO CA.92675 ( / CLEA M.PERRIN, Controller A W3 NC.AR1107 CALIFORNIA PRELIMINARY NOTICE (Page 2) CUSTOMER ARB INC. 28000 COMMERCENTRE DR. P.O. BOX 5166 LAKE FOREST CA 92630 SURETY CO. LIBERTY MUTUAL INSURANCE CO. BOND NO. 24015060 505 S. MAIN STREET#830 ORANGE CA. 92686 PROOF OF SERVICE AFFIDAVIT I, CLEA M. PERRIN, declare that I served copies of the above Preliminary Notice (check appropriate box). (a) ❑ By personally delivering copies to Names ai iiees b�s saved at on address date at M. telae (b) Fx1 By First Class Certified or Registered Mail service, postage prepaid, addressed to each of the parties at the address shown above on July 3, 2003 I declare under penalty of perjury that the foregoing is true and correct. Signed at RIVERSIDE COUNTY California on July 3, 2003 CLEA M. PERRIN, Controller ARB INC.:ARB107 Signaium gfPems Making Service Dated: 06/10/03 CA184023 111111111111 11 1111111 7114 7389 LL21 0573 0455 CALIFORNIA PRELIMINARY NOTICE In accordance with sections 3097 and 3098, California Civil Code This is not a Lien, This is not a reflection on the integrity of any contractor or subcontractor Reputed Owner 1 -You are hereby notified that 06/10/03 CA184023 PACIFIC COAST STEEL INC CITY OF SAN JUAN CAPISTRANO 7155 MISSION GORGE RD FKA CAPISTRANO VLY WTR DIST SAN DIEGO CA 92120 32400 PASEO ADELANTE 2-Has furnished or will furnish labor, SAN JUAN CAPISTRANO CA 92675 services,equipment,or materials of the following general description: REINFORCING STEEL D o z o Reputed Construction Lender or Lessee c– y 3-An estimate of the total price�3he z CO#SAN JUAN CAPISTRANO labor,services,equipment,or rnAe 'als— 0 BOND#24615060/1-IBERTY MUTUAL furnished or to be furnished is: >` — M INS CO/505 S MAIN ST#830 LOS ANGELES CA 92686 $112,000.00 _4 M -� PT1 w � 4-The building,structure or otl4tr work�;f Reputed Original Contractor improvement is located at: o Ir ECO RESOURCES 03LO61NARIOUS WELL AND 32234 PASEO ADELANTO#D PIPELINES THROUGHOUT SAN SAN JUAN CAPISTRANO CA 92630 SAN JUAN CAPISTRANO/3247 PASEO ADELANTO/SAN JAUN CAPISTRANO CA 92675 UNKNOWN 5-The name of the person or firm who contracted A.D.C. for the purchase of such labor,services, equipment or material is: NOTICE TO PROPERTY OWNER ARB INC 26000 COMMER CENTRE DR IF BILLS ARE NOT PAID IN FULL FOR THE LABOR, LAKE FOREST CA 92630 SERVICES, EQUIPMENT, OR MATERIALS FURNISHED 6-Name and address of Trust Funds to which OR TO BE FURNISHED,A MECHANICS' LIEN LEADING Supplemental Fringe Benefits are payable TO THE LOSS,THROUGH COURT FORECLOSURE (if applicable): 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 7-Jobsite is Federal Public Work Title 40 USC (1) REQUIRING YOUR CONTRACTOR TO FURNISH A Sec. 270A-270E. RELEASE SIGNED BY THE PERSON OR FIRM GIVING Contract# YOU THIS NOTICE BEFORE MAKING FINAL PAYMENT Bond Co: TO YOUR CONTRACTOR OR(2)ANY OTHER METHOD OR DEVICE THAT IS APPROPRIATE UNDER THE CIRCUMSTANCES. Signed ,�( t „ e 1 � Authorized Agent �W ..�-`�s� Y� Construction Notice Services,Inc. 1-800-366-5660 File: 47623 (CA PB) • Owner Customer: Ogden C uction Bakersfield CA Notice Requested by and Return to: Cust #: United Rentals Northwest, Inc. Job Name: San Juan Basin Authority/Job#980 19772 MacArthur Blvd. #260 Job #: 56732493743-003 Irvine,_ CA 92612 — —_ — -- _ Cert #: 7003 0500 0003 1629 7546 PRELIMINARY 20—DAY NOTICE (PUBLIC WORK) THIS IS NOT A LIEN. THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR TO THE OWNER OR REPUTED OWNER 1. The following is a general description Capistrano Valley Water District of the labor,or materials furnished or to Component unit of the City of San Juan be furnished by the undersigned: Capistrano 32400 Paseo Adelanto Miscellaneous equipment rentals & sales San Juan Capistrano, ca 92675 2. Estimated Price $6,000.00 TO THE ORIGINAL OR REPUTED CONTRACTOR 3. The name of the person who furnished that ECO Resources Inc/ ECO Capistrano Valley Inc labor, service, equipment or materials is: 32234 Paseo Adelanto D United Rentals Northwest, Inc. San Juan Capistrano, CA 92675 Attn: Mr. Jeff Hopkins 19772 MacArthur Blvd. #260 Irvine, CA 92612 TO THE LENDER/SURETY OR REPUTED LENDER/SURETY 4. The name of the person who contracted for San Juan Basin Authority Lease Revenue Bonds purchase of that labor, service, equipment or BNY Western Trust Company material is: 700 S Flower St Ogden Construction Bakersfield CA Los Angeles, ca 90017 8401 Rockport y e Bond/Loan # Bakersfield, CA 93312 4_ 5. The description of the jobsit=0 a m San Juan Basin Authority/Job#Ecrl K n 32470 Paseo Adelanto D n C:) m San Juan Capistrano, CA 92675-p m N� m REQUEST FOR COPY OF PAYMEMT BOND AND NAME OF SURETY COMPANg'� g. v TO CONTRACTING BODY: Capistrano Valley Water District Z N The undersigned claimant hereby declares that he has supplied labor or materials:)as deperibed above, that payment has not yet been made therefore, and that he hereby requests that the contracting body furnish a certified copy of the Payment Bond, if any, to the claimant, at the address listed above, and the current address of the contracting public entity. NOTICE TO PRIME OR GENERAL CONTRACTOR THIS IS NOT A LIEN. THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR. THE UNDERSIGNED HAS ENTERED INTO A CONTRACT TO PERFORM LABOR OR FURNISH MATERIALS FOR THE ABOVE-DESCRIBED PUBLIC PROJECT, AND WILL LOOK TO YOU AND YOUR SURETIES FOR PAYMENT IF THE PERSON ORDERING SUCH MATERIALS AND LABOR FAILS TO PAY FOR THEM. I declare that I am authorized to file this claim on behalf of the claimant. I have read the foregoing document and know contents thereof; the same is true of my own knowledge. I declare under penalty of per'ury tha t e foregoing is true and correct. Executed at Simi Valley, CA on 05/16/03 for U e R tals west, Inc. . •.fie By: Salina Reyes, Lien Administrator PROOF OF SERVICE BY MAIL AFFIDAVIT I declare that I served a copy of the above document, and any related documents, by (as required by law) first-class, certified or registered mail, postage prepaid, addressed to the above named parties, at the addresse fisted above, on 05/16/03. I declare under penalty of perjury that the foregoing . t and co t. Executed at Simi Valley, CA on 05/16/03. By: Salina Reyes, Lien Administrator 70030500000316297546 5/16/2003 Capistrano Valley Water District Component unit of the City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano,ca 92675 Re:Notice To Owner Or Public Entity Dear Sir or Madam, We are required by the laws of this state to notify you that we are furnishing labor, services,equipment or materials of the type described on the enclosed standard form for the work of improvement known as the:San Juan Basin Authority/Job#980, located at 32470 Paseo Adelanto, San Juan Capistrano,CA 92675. Such labor,services,equipment or materials were contracted for by: Ogden Construction Bakersfield CA,who is one of the owners,general contractors or subcontractors of this project. We are further required by law to notify you at this time that if bills are not paid in full for labor,services,equipment or materials furnished,or to be furnished,the improved property may be subject to mechanic's liens or stop notices,or a notice to withhold funds may be filed where applicable.The enclosed notice is not intended to reflect in any way on the integrity or credit standing of the contractors involved in this job,but is given merely to comply with the laws of this state. However,to fully protect yourself you may consider(1)requiring your contractor to furnish a signed release from the person or firm giving you this notice before making payment to your contractor,or(2)any other method or device which is appropriate under the circumstances to guarantee payment of this debt. We appreciate the opportunity of furnishing our services for this job and we hope it is progressing to your satisfaction. Should you have any questions concerning this request,please feel free to call us at(949) 553-2166. Thank you. Sincerely, By: Salina Reyes, Lien Administrator For: United Rentals Northwest,Inc. 19772 MacArthur Blvd.#260 Irvine,CA 92612 Phone:(949)553-2166 Fax:(949)862-1110 STRADLING YOCCA CARLSON & RAUTH A PROFESSIONAL CORPORATION SAN FRANCISCO OFFICE ATTORNEYS AT LAW 44 MONTGOMERY STREET,SUITE 4200 SAN FRANCISCO,CALIFORNIA 94104 660 NEWPORT CENTER DRIVE,SUITE 1600 TELEPHONE (4161 283-2240 FACSIMILE (415)283-2255 DIRECT PIAL: (949) 725-4053 NEWPORT BEACH,CA 92660-6422 JKRAwIEC®SvcR.coM BARBARA TELEPHONE(949)7254000 SANT 0OLIVOFFICE STREET SANTA BARBARA,CALIFORNIA 93101 FACSIMILE(949)7254100 TELEPHONE (805)564-0065 FACSIMILE (805)564-1044 February 3, 2003 Vu,FEnEx Ms. Cynthia L. Russell Administrative Services Director Capistrano Valley Water District 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Re: $31,555,000 San Juan Basin Authority Lease Revenue Bonds (Ground Water Recovery Project)Issue of 2002 Dear Cindy: Please find enclosed the original "Construction Performance Bond No. 24015060, " the original "Payment Bond No. 24015060" and original "Rider Adding Additional Obligee" issued by ARB, Inc. and Liberty Mutual Insurance Company in connection with the closing of the above- referenced financing, for your safekeeping. Very truly yours, STRADLING YOCCA CARLSON &RAUTH Judlle Senior Public Finance Paralegal Enclosures DOCSOCA949364v1A22658.0017 CALIFORNIA PRELIMINARY GOTICE THIS IS NOT A LIEN.THIS NOTICE IS GIVEN PURSUANT SECTION 3097 AND 3098 CALIF CIVIC CODE. DATE t' �}`% DESCRIPTION OF MATERIALS VAI V!.': I' I I": `- F. I I I 1 T N ; YOU ARE HEREBY NOTIFIED: THAT THE UNDERSIGNED HAS FURNISHED OR WILL FURNISH LABOR, SERVICES, EQUIPMENT OR MATERIAL AS ABOVE. INDIVIDUAL OR FIRM: ADDRESS OF BUILDING,STRUCTURE WORK,OR IMPROVEMENT BELOW t,tuli N I I;E N DPI F"(1Nv It111.30 S')0 IIA'l!TAL( . t A '+4 it th 601 If [ kit; Oil I SI /AUR ( L/ EIE) 14ANAt,I f^ AN JUJAN i Atli ti I )'11N0 . f �: TITLE) IDAiE) CITY STATE ZIP ! THE NAME AND ADDRESS OF THE PERSON WHO CONTRACTED FOR THE PURCHASE OF SUCH LABOR, SERVICE, EQUIPMENT OR MATERIAL NOTICE TO PROPERTY OWNER !1R;; LL N" r itK61 lu . I ; 1 , bit %�! ri ? IF BILLS ARE NOT PAID IN FULL FOR THE IS: :I.tv 4+(a t 014Ill;I R(I, f- !J ; P LABOR, SERVICES, EQUIPMENT, OR MATERIALS i I AK 1 ( t1I<I ,- T P;I I I ;le 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 TO: I " U ' :t.N l I I A N (-Ai' 7 !, I b:A N O PLACED AGAINST THE PROPERTY EVEN THOUGH L A',1 0 A 11` I AN 1 0 YOU HAVE PAID YOUR CONTRACTOR IN FULL. YOU OWNEROR •A N U h N ('A P I l.T (-A ?.1( 7!• MAY WISH TO PROTECT YOURSELF AGAINST THIS REPUTED OWNER OR CONSEQUENCE BY(1)REQUIRING YOUR CONTRAC- PUBLIC ENTITY TOR TO FURNISH A SIGNED RELEASE BY THE TO: N 19 l T)I I tr K I I-f)I21-',l 1 F M PERSON OR FIRM GIVING YOU THIS NOTICE BEFORE MAKING PAYMENT TO YOUR CONTRACTOR OR (2) ORIGINAL , 000 ( Uf4N1 1+(-1 N I N1 01,. CONTRACTOR ANY OTHER METHOD OR DEVICE THAT IS APPRO- OR REPUTED ! rt i.I- t u P- ( I, A `) ( i ii PRIATE UNDER THE CIRCUMSTANCES. CONTRACTOR (THIS STATEMENT APPLICABLE TO PRIVATE WORKS ONLY) TO: ESTIMATED TOTAL PRICE OF THE LABOR.SERVICES. SUB EQUIPMENT OR MATERIALS DESCRIBED HEREON. CONTRACTOR OR REPUTED '11' D O U 00 SUBCONTRACTOR TO: C tl -,AIV JOAN r AN I '., It<r'th10 CONSTRUCTION ,,-100 I'fi'•I 0 A!'L I AN i U LENDER OR REPUTED -�t1 hl -1 LI 1,7•.I I-A",' Lti I_C1 CONSTRUCTION _ LENDER PROOF OF SERVICE AFFIDAVIT (SECTION 3097.1 CALIFORNIA CIVIL CODE) 1 N I 1.1 I N i I !I declare that I served copies of the above PRELIMINARY NOTICE (check appropriate box). (a) By personally delivering copies to AT on at En. (b) [] By First Class Certified or Registered Mail service, postage prepaid, addressed to each of the parties at the address shown above on 01. 7.' oil I declare under the penalty Of perjury that the foregoing Is true and correct. Signed at fl A California, on 0 '' ' Oil / (ATTACH RECEIPTS OF CERTIFIED OR REGISTERED MAIL WHEN RETURNED) 4�- G --- SIGNATURE OF PERSON MAKING SERVICE OWNER COPY ,�,.-�,,IItt //tt {( � _ a r— � .. ,�.� .� ,. -,. � ro�(..� a.`. 1_.. ���� � v, ` I $ t} .. ,_. _. _ A_�.,�.L t`.. . .. . ........�.. ,.r... ( i .u.y-• n. 'tl CALI14RNIA PRELIMINARY %TICE t , i THIS IS NOT A LIEN.THIS NOTICE IS GIVEN PURSUANT SECTION 3097 AND 3098 CALIF CIVIC CODE. CDATE -_' -I.)b DESCRIPTION OF MATERIALS �7111.Vc.5 , I' 1:PF9 t: lRT7"N6.S j YOU ARE HEREBY NOTIFIED: I J THAT THE UNDERSIGNED HAS FURNISHED OR WILL FURNISH LABOR, SERVICES, EQUIPMENT OR MATERIAL AS ABOVE. INDIVIDUAL OR FIRM: ADDRESS OF BUILDWG.STRUCTURE.WORK,OR IMPROVEMENT BELOW 6kOE"NIGER ti COMPANY P , :) . 130X :36,") #LAf36-340 FI(OWARFI , CA )4SA0 GULICI I18 DR GINI WTNICIi BI A E)� ,C, RLDI1 11AN1)6FR (32- 5.2-05 S;AN JUAN CAPISTRIlNO , ( A UULE) (DATE) CITY STATE ZIP THE NAME AND ADDRESS OF THE PERSON WHO CONTRACTED FOR THE PURCHASE OF SUCH LABOR. SERVICE, EQUIPMENT OR MATERIAL NOTICE TO PROPERTY OWNER ARB INC-LAKE FORRESI (I t'Ml'I;UI A ) IF BILLS ARE NOT PAID IN FULL FOR THE IS: 2P,000 C.OMMERCE CENTER LABOR, SERVICES, EQUIPMENT, OR MATERIALS L i1 K C I-ORF'; I CA 926'30 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 TO: C I I '( W SAN JUAN CAPISIRANfl PLACED AGAINST THE PROPERTY EVEN THOUGH _12 4 0 0 P A S F 0 A 0 E L A N T O - YOU HAVE PAID YOUR CONTRACTOR IN FULL. YOU REPUTEDOWNS OWNER A N J U A N ('A P T S T C A 9 2 f;7 E. MAY WISH TO PROTECT YOURSELF AGAINST THIS OR CONSEQUENCE BY(1)REQUIRING YOUR CONTI PUBLIC ENTITY TOR TO FURNISH A SIGNED RELEASE BY THE ARE LNC LAKE FORF51 -- FFM PERSON OR FIRM GIVING YOU THIS NOTICE BEFORE TO: MAKING PAYMENT TO YOUR CONTRACTOR OR (2) ORIGINAL 2 6000 C 0 M M E R C F NT Ft f" D k CONTRACTORANY OTHER METHOD OR DEVICE THAT IS APPRO- ORREPUTED OR REPUTEEDD l AKF FORLST CA 92630 PRIATE UNDER THE CIRCUMSTANCES. CONTRACTOR (THIS STATEMENT APPLICABLE TO PRIVATE WORKS ONLY) TO: ESTIMATED TOTAL PRICE OF THE LABOR, SERVICES. SUB EQUIPMENT OR MATERIALS DESCRIBED HEREON. CONTRACTOR OR REPUTED A , N 0 0 • 0 D SUB CONTRACTOR TO: -J-TY Of SAN JUAN CAPISERANO CONSTRUCTION j 6 4 0 0 P A(1 f C) ARE LAN ) 0 LENDER OR REPUTED SAN JUAN I,APIST CA 9P61b - CONSTRUCTION _ LENDER PROOF OF SERVICE AFFIDAVIT (SECTION 3097.1 CALIFORNIA CIVIL CODE) G I Nl II Ctl declare that I served copies of the above PRELIMINARY NOTICE (check appropriate box). (a) ❑By personally delivering copies to AT on at m. (b) ]By Fist Class Certified or Registered Mail service, postage prepaid, addressed to each of the parties at the address shown above on I declare under the penalty of perjury that the foregoing is true and correct. Signed at IIAYWAR(I - , California, on 02 -2 =- 05 (ATTACH RECEIPTS OF CERTIFIED OR REGISTERED MAIL WHEN RETURNED) Lfle SIGNATURE OF PERSON MAKING SERVICE LENDER COPY CALIF0*4IA PRELIMINARY v�%NICE 5350 Your attention is directed to sections 3097,3098,and 3111,California Civil Code which requires us to notify you'That if bills are not paid in full for labor,services,equipment or materials furnished,or to be furnished the improved property(which is described hereon)may be subject to Mechanics Liens.'This statement is applicable to private work only. This is not a lien. This is not a reflection on the integrity of any contractor or subcontractor. The name and address of person or firm who contracted for You are hereby notified: purchase of such labor,service,equipment or material,is: ARCHITECTURAL DOORS, INC. ARB,Inc. 11700 Monarch Street 26000 Commercentre Dr. Garden Grove,CA.92041 Lake Forest,CA.92630 Has furnished or will furnish labor,services,equipment or material To owner,re uted owner,or public agency Capsitrano Valley Water District Hardware _ A component unit of the city of San Juan Capistrano (Description of labor,services,equipment or material) 32400 Paseo Adelanto San Juan Basin Authority Desalter Project San Juan Capistrano,CA.92675 32470 Paseo Adelanto San Juan Capistrano,CA.92675 cn (Address of building,structure,work or impm=ent) w To Original contractor or reputed contractor ECO Resources, Inc I ECO Capistrano Valley,Inc "NOTICE TO PROPERTY OWNER": z 32234 Paseo Adelanto 'If bills are not paid in full for the labor,servic(is,equipme4 San Juan Capistrano,CA.92675 or materials furnished or to be furnished,a mechanic's li�ir leadincy— to the loss through court foreclosure proceedings,of all o� `o part of your property being so improved may be placed against lhe'�l property even though you have paid your contractor infull. You may wish to protect yourself against this consequence 731) To construction lender or reputed construction lender requiring your contractor to fumish a signed release by the person NIA or firth giving you this notice before making payments to your contractor or(2)any other method or device that is appropriate under the circumstances. Other than residential homeowners of dwellings containing fewer than five units,private project owners must notify the original contractor and any lien claimant who has provided the owner with a 20-day lien notice in accordance with Section 3097of the Civil Code that a notice of completion or Estimated total price of labor,services,equipment or notice of cessation has been recorded within 10 days of its recordation. Notice materials furnished: shall be by registered,certified or first class mail,evidenced by a certificate of $2,064.00 mailing. Failure to notify will extend the deadlines to record a lien. Trust funds to which supplemental fringe benefits are Name PROOF OF SERVICE AFFIDAVIT Address (Section 3097.1, California Civil Code) Name Address (Material men not required to furnish above) I Agog Pi OYoyco- DECLARE THAT I SERVED COPIES OF THE PRELIMINARY NOTICE BY FIRST CLASS CERTIFIED OR REGISTERED MAIL SERVICE,POSTAGE PREPAID,ADDRESSED TO EACH OF THE PARTIES AT THE ADDRESS SHOWN ABOVE ON 1/7/05 1 DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND COR CT. SIGNED AT STANTON,CALIFORNIA ON 1/7/05 (ATTACH RECEIPTS OF CERTIFIED OR REGISTERED MAIL WHEN RETURNED) Qture Trson makings 0 ice) revised 1/1/04 CALIFOPIA PRELIMINARY 20-DAY *ICE (Public and Private Works) This is not a lien. This is not a reflection on the integrity of any contractor or subcontractor, but the notice prescribed in accordance with Section 3097 and 3098,California Civil Code 1. The following is a general description of the labor,service,equipment or materials furnished or to be furnished by the undersigned: COLDMILLING/PULVERIZING ASPHALT Owner or Reputed Owner PUBLIC AGENCY 2. An estimate of the total price of the labor,services,equipment or materials (on private work) (on public work) furnished or to be furnished is: CAPISTRANO VALLEY WATER DISTRICT 5,000.00 Estimated 32400 PASEO ADELANTO 3. The name of the person or firm that has furnished or will furnish labor, SAN JUAN CAPISTRANO,CA 92675 services,equipment or materials is: 7004-2510-0000-5577-4544 PAVEMENT RECYCLING SYSTEMS P.O. Box 1266 LENDER/SURETY"" Riverside, CA 92502-1266 NONE REPORTED PRS JOB NO R416244 4. The name of the person or firm who contracted for the purchase of such labor,services,equipment or materials: GENERAL CONTRACTOR"" ATKINSON GRADING&EQUIP RENT ECO RESOURCES 4592 ORION STREET 32234 PASEO ADELANTO,SUITE D HUNTINGTON BEACH,CA 92649 SAN JUAN CAPISTRANO,CA 92675 5. The description of the building,structure or other work of improvment is: CONSTRUCTION OF DESALTER PROJECT,SAN JUAN CAPISTRANO, ""CUSTOMER"" CA 92677 ATKINSON GRADING&EQUIP RENT The Person or firm giving this notice is required,pursWt to a collective bargaining agreement to pay supplemental hinge benefits to anpmpress tru"nd(described in Civil Code 3111). Said funds are identified as follows o_ 4592 ORION STREET Operating Engineers Local#12,ConsWction4aborer's$cost,Lifers HUNTINGTON BEACH, CA 92649 Benefit Fund NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor,services,equipment or materials furnished or to be furnished,a mechanic's Itebbading t e los�' tyyt ..rough court foreclosure proceedings,of all or part of the property being so improved may be placed against the property even though(Intt havid the contractor in full. You may wish to protect yourself against this consequence by(1)requiring your contractor to fumisM,a signedirelease he person or fine giving you this notice before payment to your contractor or(2)any other method or device that is apprd [late un&- the circumstances. Other than residential homeowners of dwellings containing fewer than five units,private project owners must notify the original contractor and any lien claimant who has provided the owner with a preliminiary 20-day lien notice in accordance with Section 3097 of the Civil Code that a notice of completion or notice of cessation has been recorded within 10 days of its recordation. Notice shall be by registered mail,certified mail,or first class mail,evidenced by a certificate of mailing. Failure to notify will extend the deadlines to record a lien. PAVEMENT RECYCLING SYSTEMS 12/27/2004 Nicole Toth Phone: (951)682-1091 ext. 2200 Accounting Clerk PROOF OF SERVICE MY MAIL AFFIDAVIT I declare that I served a copy of the above document,and any related documents,by(as required by law)first-class,certified or registered mail, postage prepaid,addressed to the above parties,at the addresses listed above. 1 declare under penalty of perjury that the foregoing is true and correct. Executed at Riverside, CA. Nicole To.i g Clerk th Phone: (951)682-1091 12 2 Account 7/2004 ILI �` °6. 02j- /Sc. THIS IS NOT A LIEN. THIS NOTIC GIVEN CALIFORNIA PURSUANT TO SECTIONS 3097 AND 3098, PRELIMINARY CALIFORNIA CIVIL CODE. THIS IS NOT NOTICE A REFLECTION ON THE INTEGRITY OF ANY848770 TOR OR SUBCONTRACTOR. 7108 1800 8318 4877 0027 E4828E YOU ARE HEREBY NOTIFIED THAT... Make all checks jointly payable VULCAN MATERIALS CO CALMAT DIV 5665 OWNER or Reputed Owner(on private work) 02 3200 SAN FERNANDO RD or PUBLIC AGENCY(on public work) LOS ANGELES CA 90065 949.493-1515 CAPISTRANO VALLEY WATER DISTRICT 32400 PASEO ADELANTO SAN JUAN CAPISTRANO CA 92675 has fumished or will furnish labor,services,equipment or Fm aterials of the following general description: 345168 READY MIX CONCRETE,ROCK, SAND,GRAVEL,PAVING MATLS CONSTRUCTION LENDER or ASPHALT,PRODUCTS&SVCS Reputed Construction Lender,if any. for the building,structure or other work of Improvement 213-630-6240 located at: NONE/BOND CO:SAN JUAN BASIN "CONSTRUCTION OF DESALTER PROJECT" AUTHORITY LEASE REVENUE BONDS 32470 PASEO ADELANTO C/O BNY WESTERN TRUST CO,ATTN:FE SAN JUAN CAPISTRANO CA TUZON,700 S FLOWER ST#500 SUB TO SUB#1331119T LOS ANGELES CA 90017 (WELLS,WATER LINE&DESALINATION ORIGINAL CONTRACTOR or 03 PLANT) Reputed Contractor,if any. An estimate of the total price of the labor,services, ECO RESOURCES equipment or materials furnished or to be furnished is: 32234 PASEO ADELANTO#D $ 5,247.12 SAN JUAN CAPISTRANO CA 92675 Trust Funds to which Supplemental Fringe Benefits are payable: SUBCONTRACTOR/person or firm who contracted for SUB TO SUB: the purchase of such labor,services,equipment or materials is: A R B INC 26000 COMMERCENTRE DR 714-840-3099 LAKE FOREST CA 92630 ATKINSON GRADING&EQUIP RENTAL 4592 ORION ST HUNTINGTON BEACH CA 92649 OTHER INFORMATION,if any. o 6 C C— rel 415-892-1080 D z BOND#24015060/BOND AGENT: , MCGOWAN&ASSOCIATES L' _ 1450 GRANT AVE#210 NOVATO CA 94945 g� CD BY: 11th .IkJAT-[ A)�nt 91}4ed: 12/30/2004 (Signature) (719Ib) 12/13/2004 R NOTICE TO PROPERTY OWNER IF BILLS ARE NOT PAID IN FULL FOR THE LABOR,SERVICES, EQUIPMENT,OR MATERIALS FURNISHED OR TO BE FURNISHED,A MECHANIC'S LIEN LEADING TO THE LOSS,THROUGH COURT FORECLOSURE PROCEEDINGS,OF ALL OR PART OF YOUR PROPERTY BEING SO IMPROVED MAY BE PLACED AGAINST THE PROPERTY EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL. YOU MAY WISH TO PROTECT YOURSELF AGAINST THIS CONSEQUENCE BY(1)REQUIRING YOUR CONTRACTOR TO FURNISH A SIGNED RELEASE BY THE PERSON OR FIRM GIVING YOU THIS NOTICE BEFORE MAKING PAYMENT TO YOUR CONTRACTOR OR(2) ANY OTHER METHOD OR DEVICE THAT IS APPROPRIATE UNDER THE CIRCUMSTANCES. OTHER THAN RESIDENTIAL HOMEOWNERS OF DWELLINGS CONTAINING FEWER THAN FIVE UNITS,PRIVATE PROJECT OWNERS MUST NOTIFY THE ORIGINAL CONTRACTOR AND ANY LIEN CLAIMANT WHO HAS PROVIDED THE OWNER WITH A PRELIMINARY 20-DAY LIEN NOTICE IN ACCORDANCE WITH SECTION 3087 OF THE CIVIL CODE THAT A NOTICE OF COMPLETION OR NOTICE OF CESSATION HAS BEEN RECORDED WITHIN 10 DAYS OF ITS RECORDATION. NOTICE SHALL BE BY REGISTERED MAIL,CERTIFIED MAIL,OR FIRST-CLASS MAIL,EVIDENCED BY A CERTIFICATE OF MAILING. FAILURE TO NOTIFY WILL EXTEND THE DEADLINES TO RECORD A LIEN. PROOF OF SERVICE BY MAIL AFFIDAVIT I,Cindee Wood,declare that I served copies of the above PRELIMINARY 20-DAY NOTICE(PRIVATE WORK/PUBLIC WORK)by First Class Certified or Registered Mail service,postage prepaid,addressed to each of the parties at the addresses shown above on 12130/2004. 1 declare under penalty of perjury under the laws of the Slate of California that the foregoir4s true and correct. BY: CLd& IA M& Undies Wood, Agent Executed at SAN DIEGO,California on 12/30/2004. IWA L a This form prepared by CAPRENOS INC 4345 Murphy Canyon Rd Suite 200,San Diego CA 92123(800)854-2100,FAX(858)580.7626 0- PRELIMINARY 20-DAY POTICE(PUBLIC WORK) California Civil Code Sections 3098,3111,3241 &3252 at Seq. �—--— --THIS IS NOT A LIEN.THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCOF ACTORS TO: OWNER 1.The following is a general description of OR REPUTED OWNER the labor,service,equipment or materials CAPISTRANO VALLEY WATER DISTRICT furnished or to be furnished by the undersigned: 32400 PASEO ADELANTO CONSTRUCTION ACCESSORIES San Juan Capistrano, CA 92675 TO:ORIGINAL CONTRACTOR 2. Estimated Price:$25,000.00 OR REPUTED CONTRACTOR 3.The name of the person who furnished that labor,service, ECO RESOURCES equipment or materials is: 32234 PASEO ADELANTO, STE D CONCRETE TIE INDUSTRIES, INC. San Juan Capistrano, CA 92675 P 0 BOX 5406 COMPTON, CA 90224 TO:LENDER,SURETY OR 4.The name of the person who contracted for purchase of that BONDING COMPANY labor, service,equipment or material is: SAN JUAN BASIN AUTH LEASE REVENUE A R B INC BONDS BNY TRUST COMPANY JOB#1436-340 700 S FLOWER ST 26000 COMMERCENTRE DR Los Angeles, CA 90017 Lake Forest, CA 92630-8816 5.The description of the jobsite is: DESALTER PROJECT-WELLS,WATER LINE &DESALINIZATION PLANT 32470 PASEO ADELANTO San Juan Capistrano, CA 92675, in the County of Orange SEE ADDITIONAL LEGAL PARTIES:EXHIBIT D REQUEST FOR COPY OF PAYMENT BOND AND NAME OF SURETY COMPANY TO CONTRACTING BODY:CAPISTRANO VALLEY WATER DISTRICT or State Comptroller The undersigned claimant hereby declares that he has supplied labor or materials as described above, that payment has not yet been made therefore, and that he hereby requests that the contracting body furnish a certified copy of the Payment Bond, if any, to the claimant, at the address listed above, and the current address of the contracting public entity. VERIFICATION I declare that I am authorized to file this PRELIMINARY 20-DAY NOTICE (PUBLIC WORK) on behalf of the claimant. I have read the foregoing document and know the contents thereof, the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at COMPTON, California on 10/22/2004 for CONCRETE TIE INDUSTRIES, INC.. By\� __-. Phone:(310)886-1008 Fax:(310)886-1016 STEVE 0. SIM, CONTROLLER PROOF OF SERVICE BY MAIL AFFIDAVIT I, MARY M. SCHOENDIENST declare that I served copies of the above PRELIMINARY 20-DAY NOTICE (PUBLIC WORK) By First Class Certified Return Receipt Requested or Registered Mail service, postage prepaid, addressed to each of the parties at the addresses shown above on 10/22/2004. 1 declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct By:! mn,'!r 1� �i—�' MARY M. SCHOENDIENST,ADMINISTRATIVE CLERK Executed at COMPTON, California on 10/22/2004. NOTICE TO PRIME OR GENERAL CONTRACTOR THIS IS NOT A LIEN. THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR. the undersigned has entered into a contract to perform labor or furnish materials for the above-described public project, and will look to you and your sureties for payment if the person ordering such materials and labor fails to pay for them. LLD Exhibit D-List of Additional Parties ' Project:DESALTER PROJECT-WELLS,WATER LINE&DESALINIZATION PLANT R —� PLTLI, 14'1?IiS The following is a complete list, to the best of our knowledge of all additional or secondary parties with an interest in the aforementioned project: ADDITIONAL LENDER,SURETY OR BONDING COMPANY LIBERTY MUTUAL INSURANCE CO 505 S MAIN ST,STE 830 Orange,CA 92868 2494 S.Railroad Avenue L� P.O. Box 164 Fresno,CA 93707 A TRADING NAME OF WEIR FLOWAY, INC. —.__. PHONE(559)442-4000 PUBLIC WORKS FAX: (559)442-4296 December 21, 2004 CERTIFIED MAIL Return Receipt Requested CAPISTRANO VALLEY WATER DISTRICT 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 Sold To: ARB,INC. CO#: 55874 Customer#: 3959 ATTN: Controller We are sending you the enclosed notice as part of the routine of conducting our business. Occasionally, customers have felt that such a notice is a reflection upon the credit of the contractor. We want you to understand clearly that we have no such intention, but that we are merely complying with the law. These notices are sent by us on jobs where we furnish material upon the order of someone other than the owner of the property. In this way we comply with the law in all cases and you are fully informed regarding all materials ordered for your job. We are pleased to have the opportunity to serve you. If you have any problems in connection with your job,we hope that both you and your contractor will make use of any help we might be able to give. We want to be sure that you are not only satisfied, but completely enthusiastic, about our products and service. Sincerely Floway Pumps Da on Griffin Telephone: (559)443-6460 Rebecca Young Credit Manager Fax: (559) 442-4296 Credit Assistant Encl.: Preliminary Notice PRELIMINARY NOTICE - PUBLIC WORK CERTIFIED MAIL (Pursuant to California Civil Code Section 3098) Return Receipt Requested TO: Contractor: ARB,INC. P.O. BOX 189 FELLOWS, CA 93224 TO: Public Agency (Owner or End User): CAPISTRANO VALLEY WATER DISTRICT 32400 PASEO ADELANTO SAN JUAN CAPISTRANO,CA 92675 TO: Surety: LIBERTY MUTUAL INSURANCE COMPANY 505 S. MAIN STREET, SUITE 830 ORANGE, CA 92868 You are hereby notified that Weir Floway,Inc,dba Floway Pumps, 2494 S.Railroad Ave., P. O.Box 164, Fresno, California 93707 has furnished or will furnish labor,services,equipment or materials to: Buyer: ARB,INC. For use on public work at the following jobsite: ARB JOB NO. 1436340 CONSTRUCTION OF DESALTER PROJECT 32470 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 AND VARIOUS WELL AND PIPELINE LOCATIONS THROUGHOUT SAN JUAN CAPISTRANO The labor,services, equipment or materials are described as Vertical Turbine Pump(s),motor(s),and Accessories. Estimated Total Price of Labor,Services,Equipment or Materials: $ 52,013.08 Floway Order Number: 55874 Payment Bond No: 24015060 Purchase Order Number: 1436-340-003 Date: December 21, 2004 Dalt—�riffin Credit Manager FAX 559-442-4296 Telephone 559-443-6460 • Dated: 05104104 CA285430 iiiii ii i i r 7114 7389 6621 0814 3047 CALIFORNIA PRELIMINARY NOTICE In accordance with sections 3097 and 3098, California Civil Code This is not a Lien, This is not a reflection on the integrity of any contractor or subcontractor Reputed Owner 1 -You are hereby notified that 05104/04 CA285430 TRENCH PLATE RENTAL CAPISTRANO VALLEY WATER 16332 CONSTRUCTION CIRCLE WEST DISTRICT IRVINE CA 92606 32400 PASEO ADELANTO 2-Has furnished or will furnish labor, SAN JUAN CAPISTRANO CA 92675 services,equipment,or maters*of the following general descripti V a RENTAL EQUIP, LABOR& C- Reputed Construction Lender or Lessee TRANSPORTATION =c-; a M CO#DESALTER PROJECT 3-An estimate of the total pric;roAhe J PTl BOND#24015060/1-IBERTY MUTUAL labor,services,equipment,or rt''ferials INS CO/505 S MAIN ST#830 furnished or to be furnished is:7�1 D 71 M ORANGE CA 92868 $5,000.00 a Reputed Original Contractor `o W 4-The building,structure or other work of ECO RESOURCES Improvement is located at: 32234 PASEO ADELANTO#D 1011-420013 SAN JUAN CAPISTRANO CA 92675 DESALTER PLANT/RAMOS ST & PASEO ADELANTO/32470 A.D.C. UNKNOWN PASEO ADELANTO/SAN JUAN CAPISTRANO CA 92675 NOTICE TO PROPERTY OWNER 5-The name of the person or firm who contracted IF BILLS ARE NOT PAID IN FULL FOR THE LABOR,SERVICES, for the purchase of such labor,services, EQUIPMENT,OR MATERIALS FURNISHED OR TO BE equipment or material is: FURNISHED,A MECHANICS' LIEN LEADING TO THE LOSS, HERMAN W EISSKER THROUGH COURT FORECLOSURE PROCEEDINGS,OF ALL 2631 S RIVERSIDE AVE OR PART OF YOUR PROPERTY BEING$0 IMPROVED MAY BLOOMINGTON CA 92316 BE PLACED AGAINST THE PROPERTY EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL. YOU MAY WISH 6-Name and address of Trust Funds to which TO PROTECT YOURSELF AGAINST THIS CONSEQUENCE BY Supplemental Fringe Benefits are payable (1) REQUIRING YOUR CONTRACTOR TO FURNISH A RELEASE (if applicable): SIGNED BY THE PERSON OR FIRM GIVING YOU THIS NOTICE BEFORE MAKING FINAL PAYMENT TO YOUR CONTRACTOR OR(2)ANY OTHER METHOD OR DEVICE THAT IS APPROPRIATE UNDER THE CIRCUMSTANCES. OTHER THAN RESIDENTIAL HOMEOWNERS OF DWELLINGS CONTAINING FEWER THAN 5 UNITS, PRIVATE PROJECT OWNERS MUST 7 .Jobsite is Federal Public Work Title 40 USC NOTIFY THE ORIGINAL CONTRACTOR AND ANY LIEN Sec.270A-270E. CLAIMANT WHO HAS PROVIDED THE OWNER WITH A Contract# PRELIMINARY 20-DAY LIEN NOTICE IN ACCORDANCE WITH Bond Co: SECTION 3097 OF THE CIVIL CODE THAT A NOTICE OF COMPLETION OR NOTICE OF CESSATION HAS BEEN RECORDED WITHIN 10 DAYS OF ITS RECORDATION. NOTICE SHALL BE BY REGISTERED MAIL, CERTIFIED MAIL,OR FIRST. CLASS MAIL,EVIDENCED BY A CERTIFICATE OF MAILING. Signed FAILURE TO NOTIFY WILL EXTEND THE DEADLINES TO.- Authorized Agent Y` RECORD LIEN. 0 Construction Notice Services,In 1-800-366-5660 CAIWRNIA PRELIMINARY NICE 33z27 IN ACCORDA CE WITH SECTION 3097 AND 3098, CALIFOR IA CIVIL CODE THIS IS NOT A LIEN,THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR YOU ARE HEREBY NOTIFIED THAT . . . DAMON CONST. CU. (JOB #930) (name of person or firm furnishing labor, services, equipment or CONSTRUCTION LENDER or material) Reputed Construct"!,Luer,if irky . a 8651 WATSON STREET (address of person or firm furnishing labor, services, CYPRESS, CA 90630-2243 equipment or material) NONE REPORTED. has furnished or will furnish labor, services, equipment or materials of the following general description: CONCkETE AND APPURTENANT IT'rviS (general description of the labor, services, equipment or CONTINUOUS SERVICE AGREEMENT material furnished or to be furnished) for the building, structure or other work of improvement locatedat: '12470 PASFO ADELANTO (address or description of job site OWNER or PUBLIC AGENCY SAN JUAii CAPISTkANO, CA 92b75 or Reputed Owner (on public work) sufficient for identification) (on private work) CONSTkUCTION OF DESALTER PROJECT The name of the person or firm who contracted for the purchase of such labor,services,equipment or material is: Q CAPISTRANO VALLEY WATER DISTRICT ARB, INC. 32400 PASEO ADELANTO W SAN JUAN CAPISTRANO, CA 92675 JOB 111436340 An estimate of the total price of the labor, services Nequipment or materials furnished or to be furnished is: E $ UNIT PRICE: APPROX. $90,000.00 .... . Attention: Subcontractors Section 3097 requires Nat if you give this nobce and you have failed to pay all compensation due to your laborers on the lob,this notice shall also contain the ORIGINAL CONTRACTOR or identify and address of any laborer and any express bust fund to whom employer Reputed Contractor, if any payments are due. NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor,services,equip- ment, or materials furnished or to be furnished, a C mechanic's lien leading to the loss, through court G8 foreclosure proceedings,of all or part of your property being so improved may be placed against the property Q 32239 PASFO ADELANTO, SUITS D SAN JUAN CAPISTRANO, CA 92675 even though you have paid your contractor in full.You may wish to protect yourself against this consequence P by(1)requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor or(2) any other method or Y dev/ than r that is appropr eownte rs of dwellings cot Other ��! than residential homeowners of dwellings cordaining Y i Q 1 )y/ Q y� fewer than live units,private project owners must nofify the original contractor and any lien claimant who has 'I' TOR with whom ch ant /moi provided the owner with a preliminary 20-day lien notice Iscontracted o In accordance with Section 3097 of the Civil Code that a notice of completion or notice of cessation has been recorded within 10 days of his recordation.Notice shall be by registered mail, certified mail, or first-class mail, evidenced by certificate of mailing.Failure to notify will A ..INC; extend the deadlines to record a lien. 26000 "CRCENTRE DRIVE Dated: S— I LACE FOREST, CA 92630 signature I GA ANN RULLO (title) PRESIDEN'. Telephone Number 14 ) 995-5490 Thls form(No.594C Revised 1.1-2004)©Copyrighted by and distributed through BUILDING INDUSTRY CREDIT ASSOCIATION(213)251-1100 / o�b•Qz3- ws>- 203967 FORM jos-c PRELIMINAR 20-DAY NOTICE NOTICETOPROPERTYOWNER If bills are not paid in full for the labor, (This form may be used on both public and private projects) services,equipment,or materials furnished or to be furnished,a mechanic's lien leading to the loss, through court foreclosure pro- TO: CONSTRUCTION LENDER Or Reputed Construction Lender if an ceedings, of all or part of your property r4T ( P ) ( Y) being so improved may be placed against CE the property even though you have paid Name •t ' '� - ` i-is%'-.:C-.� your contractor in full.You may wish to pro- a tect yourself against this consequence by O Street 1_,{. - l - _ _ =f (1) requiring your contractor to furnish a U ' - � signed release by the person or firm giving Lu r you this notice before making payment to -� City, State,Zip - i, j .#`"f your contractor,(2)requiring your contrac- tor to furnish a receipt to establish that TO: ,l OWNER Or Reputed Owner F1 PUBLIC AGENCY you paid the contractor in full and record- W " ( P ) ing no later than 30 days from receipt o/ O (On Private Work) (On Public Work) this preliminary notice an affidavit that a �- - - you paid the contractor in full,or'(3)any rn Name -,i n 3 ., --` " =� . '81 r f. 't -t "_. ',• •` - other method or device that is appropriate } •-r=—�—� under the circumstances. a0 _ t.,, r l t , 'PLEASE NOTE:The italicized language was U Street L C included in the notice by a drafting em,r in Senate Bill 914 and may be disregarded. City,State,Zip j —� MAILING INSTRUCTIONS ui TO: ORIGINAL CONTRACTOR (Or Reputed Original Contractor) (1) If the person resides in Califor- nia, the notice may be served by first Cr Name ? Gass registered or certified mail, post- OF Street � �� �'-d_ y =A jb '��_ age prepaid, addressed to the person at his or her residence,or place of busi- F City,State,Zip `' ness address,or at the address shown z by the building permit on file, or at 8 the address shown on a recorded Con- General description of the labor, service, equipment, or materials furnished, or to be struction Trust Deed. Z furnished and an estimate of the total price thereof: S2 (2) When service is made by first � class registered or certified mail, serv- ice is complete at the time of the de- PD i 'r _ sit of mail. 00 Z It this notice is given by a subcontrac- W for who is required under a collective cc bargaining agreement to pay fringe benefits, the names and addresses of $ —r the fringe benefits trusts follow: z NAME AND ADDRESS OF CLAIMANT GIVING THIS NOTICE w Name t SIII LL� �• ly. 3`�, ---; r ! _ _— Street _ ; '_ �. ,., fit. ,g i -r' LJ { a lrr - I t III I I City,State,Zip %' U LI; 2004 1 1 i _ O ', Q W 3 NAME OF PERSON OR FIRM THAT CONTRACTED TO PURCHASE THE LABOR, O SERVICE, EQUIPMENT, OR MATERIALSPUBtIC WORKS CIL> Name I "_�` f ,'x "� c.✓:i_ 1- :-t�, �( i'_+F i'f' PROOF OF SERVICE AFFIDAVIT 0 Y DESCRIPTION OF JOB SITE;SUFFICIENT FOR IDENTIFICATION, The undersigned served copies of a this Preliminary 20-Day Notice by first class re91€tered or certified mail, post- age prepaid,on the persons and at the o addresses shown on: w 6 Datel 0- 0 O STAPLE RETURN RECEIPTS HERE I declare under penalty of perjury O under the laws of the State of California C that the foregoing is true and correct. Dated: Signature:_ Y•'- -':.a -b<:._- FORM 105-C-©1999-A BNI BUILDING NEWS FORM PREPARED BY JAMES ACRET III All IF CALIFORNIA PRELIMINARY NOT CL D -- -J IN ACCORDANCE WITH SECTION 3097 AND 3098,CALIFORNIA CIVILI CODE***THIS IS NOT A LIEN.***THIS IS NOT A REFLECTION ON i -- THE INTEGRITY OFANY CONTRACTOR ORSUBCONTRACTOR - ..,.i it luCRNS NOTICE IS HEREBY GIVEN that: R OR PUBLIC AGENCY ROBERTSON ' S CAPISTRANO VALLEY WATER 200 S MAIN ST, SUITE 200 32470 PASEO ADELANTO CORONA CA 92878 SAN JUAN CAPISTCAN92675 ( 909 ) 685-2200 Has or will Furnish labor,services,equipment,or materials,generally described as: READY "IN CONCRETE, ROCK & SAND LENDER OR REPUTED LENDER SUB :ARB INC . To be furnished or furnished for the building,structure or the work of improvement 2600 COMMERCE CENTER DR T V described as follows: LAKE FOREST CA 92630 PASEO TOSCANA/PILA DEGRAC J . C . N . # 03174 Tract NO. ORIGINAL OR REP17TED ORIGINAL CONTRACTOR Lot No. ECO RESOURCES Cert Num: 21132378 32234 PASEO ADELANTO STE D SAN JUAN CAPIS CA 92675 Name of Person or Firm who contracted for purchase of the labor,services, equipment,or materials is: SOUTH WEST PUMP & DRILLIN SUBCONTRACTOR ith whom claimant has contracted 53-381 HWY . 111 v COACHELLA CA 92236 An estimate of the total price of said labor,services,equipment or materials is: 3 , 219 . 56 ALSO NOTIFIED TENANT OR BONDING AGENT ***NOTICE TO PROPERTY OWNER*** IF BILLS ARE NOT PAID IN FULL FOR THE LABOR, SERVICES, EQUIPMENT, OR MATERIALS FURNISHED OR TO BE FURNISHED,A MECHANIC'S LIEN LEADING TO THE LOSS, THROUGH COURT FORECLOSURE PROCEEDINGS,OF ALL OR PART OF YOUR PROPERTY BEING SO IMPROVED MAY BE PLACED AGAINST THE PROPERTY EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL.YOU MAY WISH TO PROTECT YOURSELF AGAINST THIS CONSEQUENCE BY (1) REQUIRING YOUR CONTRACTOR TO FURNISH A SIGNED RELEASE BY THE PERSON OR FIRM GIVING YOU THIS NOTICE BEFORE MAKING PAYMENT TO YOUR CONTRACTOR,OR(2)ANY OTHER METHOD OR DEVICE THAT IS APPROPRIATE UNDER THE CIRCUMSTANCES. DATED Other than residential homeowners of dwellings containing fewer than five units,private project owners must notify the original contractor and any lien claimant who7it[� IrdDif��tiYplifiplfMhlffiiBisitjBldlr�'1►�ifbYAl��in accordance with Section 3097 of the Civil Code that a notice of completion or notice of cessation has been recorded within 10 B s ]qg re6 i a shall be by registered mail,certified mail,or first-class mail,evidence by certificate of mailing. F tire ton e�'tVTVf"eadlines to record a lien. *****PLEASE ISSUE JOINT CHECKS***** ROBERTSON'S P.O.BOX 1659 i , rdy.a CORONA, CA 92878-1659I. Oz 7108 11' 6 P&52 1-, 2 Art IMPORTANT: CALIFORNIA Pj-�E_LIMINARY NOTICE CA- I -7lLLNO ' LlEY 3217) iLLE0 DELDI SA JLF11 CF.I' c7 92675 39771 03174 PRELIMINARY 20-DAY NOTICE(PUBLIC WORK) Cal a Civil Code Sections 3098,3111,3241 &325 THIS IS NOT A LIEN.THIS IS NO�REFLECTION ON THE INTEGRITY OF ANY C0 ACTOR OR SUBCONTRACTOR TO:OWNER 1.The following is a general description of OR REPUTED OWNER the labor,service,equipment or materials CAPISTRANO VALLEY WATER DIST. furnished or to be furnished by the undersigned: 32400 PASEO ADELANTO labor San Juan Capistrano,CA 92675 TO:ORIGINAL CONTRACTOR 2.Estimated Price:$6,500.00 OR REPUTED CONTRACTOR 3.The new of the person who furnished that labor,service,equipment or ECO RESOURCES materials is: 32234 PASEO ADELANTO,STE D Penhall Company San Juan Capistrano,CA 92675 1801 Pennell Way Anaheim,CA 92801 TO:LENDER,SURETY OR 4.The name of the person who contracted for purchase of that labor,service, BONDING COMPANY equipment or material is: LIBERTY MUTUAL INSURANCE COMPANY A R B CONSTRUCTION 505 S.MAIN ST,STE 830 26000 COMMERCENTRE DR Orange,CA 92686 LAKE FOREST,CA -9263 5.The description of the jobsite is: 32470 PASEO ADELANTO &VARIOUS WELL&PIPELINE LOCATIONS IN SAN JAUN CAPISTRANO San Juan Capistrano,CA 92675,in the County of Orange-APN N:1436340 VERIFICATION - Idcalerz zuft.!z +my_ptr DAY ye+!RF Wy Rn 1' Cr hs6glf if the Msim-{J have Nsd lM fvb,ftlnn dneplm=n'and know the owylints the oh,the some Is true of my own knowledge.I declare under penalty of perjury under the laws of the State of California that the foregoing Is true and oafrrect.Ex cuted at Anaheim,California on 091162004 for PENHALL COMPANY. By: ' Phone:(714)772.6450 Fax:(714)778-6787 Desiree Wall,Credit Admin PROOF OF SERVICE BY MAIL AFFIDAVIT 1,Deslree a lare that I served copies of the above PRELIMINARY 20-DAY NOTICE(PUBLIC WORK) By First Class Certified Return Receipt Requested or Register Mall Jervioe,postage prepaid,addressed to each of the parties at the addresses shown above on 09/162004. I declare under penalty of perjury under the law of thq Siurte of California that the foregoing is true and correct. By: Desiree Wall Title: E et Anaheim,California on 09/1 62 0 0 4. NOTICE TO PRIME OR GENERAL CONTRACTOR THIS IS NOT A LIEN. THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR. the undersigned has entered into a contract to perform labor or furnish materials for the above-described public project,and will look to you and your sureties for payment if the person ordering such materials and labor fails to pay for them. RECEOVE SEP 11 7 ,004 PUBLIC WORKS Penhall Company MdulavT21ATME 1801 Penhall Way Anaheim,CA 92801 71013 6409 3610 25i3_6 0865 RETURN RECEIPT REQUESTED CAPISTRANO VALLEY WATER DIST. 32400 PASEO ADELANTO San Juan Capistrano, CA 92675 926'1'5+a 543 E.2 Ilrinrrlrlr llu lu rlr lr lrnilnllnlln ur ilrllnrllurlrlyd Y • • 70022410000341761015 3/14/2003 City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano,ca 92675 Re:Notice To Owner Or Public Entity Dear Sir or Madam, We are required by the laws of this state to notify you that we are furnishing labor, services,equipment or materials of the type described on the enclosed standard form for the work of improvement known as the: Headstart, located at 314885 El Camino Real, San Juan Capistrano,ca 92675. Such labor, services,equipment or materials were contracted for by:Buena Vista Landscape Inc,who is one of the owners, general contractors or subcontractors of this project. We are further required by law to notify you at this time that if bills are not paid in full for labor,services,equipment or materials furnished,or to be furnished,the improved property may be subject to mechanic's liens or stop notices,or a notice to withhold funds may be filed where applicable. The enclosed notice is not intended to reflect in any way on the integrity or credit standing of the contractors involved in this job,but is given merely to comply with the laws of this state.However,to fully protect yourself you may consider(1)requiring your contractor to famish a signed release from the person or firm giving you this notice before making payment to your contractor, or(2)any other method or device which is appropriate under the circumstances to guarantee payment of this debt. We appreciate the opportunity of furnishing our services for this job and we hope it is progressing to your satisfaction. Should you have any questions concerning this request,please feel free to call us at(800)272-7647.Thank you. Sincerely, 13 , Salina Reyes,Lien Administrator For: United Green Mark,Inc. P 0 Box 845 Novato,CA 94948 Phone: (800)272-7647 Fax:(415)892-0087 File: 51575 (CA PB) Customer: Buena V' a Landscape Inc Notice 'Requested by and Return to Cust #: 7188Owner Cu1 United Green Mark, Inc. Job Name: Headstart P 0 Box 845 Job #: B89566 Novato, CA 94948 Cert 4: 7002 2410 0003 4176 1015 PRELIMINARY 20-DAY NOTICE (PUBLIC WORK) THIS IS NOT A LIEN. THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR TO THE OWNER OR REPUTED OWNER 1. The following is a general description City of San Juan Capistrano of the labor,or materials furnished or to 32400 Paseo Adelanto be furnished by the undersigned: San Juan Capistrano, ca 92675 Landscaping and Irrigation Materials and Supplies 2. Estimated Price $21,359.82 TO THE ORIGINAL OR REPUTED CONTRACTOR 3. The name of the person who furnished that Hondo Company labor, service, equipment or materials is: 2121 S Lyon St United Green Mark, Inc. Santa Ana, CA 92705- Attn: Ms. Lisa DeBel (714) 434-0104 P 0 Box 845 Novato, CA 94948 TO THE LENDER/SURETY OR REPUTED LENDER/SURETY 4. The name of the person who contracted for First National Surity purchase of that labor, service, equipment or 2677 N. Main St. material is: Santa Anna, ca 92705 Buena Vista Landscape Inc Bond/Loan # 607008 601 Lakeview St. Placentia, CA 92670- 5. The description of the jobsite is: Headstart Joint Check Required 314885 E1 Camino Real San Juan Capistrano, ca 92675 REQUEST FOR COPY OF PAYMEMT BOND AND NAME OF SURETY COMPANY TO CONTRACTING BODY: City of San Juan Capistrano The undersigned claimant hereby declares that he has supplied labor or materials as described above, that payment has not yet been made therefore, and that he hereby requests that the contracting body furnish a certified copy of the Payment Bond, if any, to the claimant, at the address listed above, and the current address of the contracting public entity. NOTICE TO PRIME OR GENERAL CONTRACTOR THIS IS NOT A LIEN. THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR. THE UNDERSIGNED HAS ENTERED INTO A CONTRACT TO PERFORM LABOR OR FURNISH MATERIALS FOR THE ABOVE-DESCRIBED PUBLIC PROJECT, AND WILL LOOK TO YOU AND YOUR SURETIES FOR PAYMENT IF THE PERSON ORDERING SUCH MATERIALS AND LABOR FAILS TO PAY FOR THEM. I declare that I am authorized to file this claim on behalf of the claimant. I have read the foregoing document and know the contents thereof; the same is true of my own knowledge. I declare under p ty perju y that the foregoing is true and correct. Executed at Simi Valley, CA on r 03/14/0 f United Gr Mark, Inc. . By: Salina Reyes, Lien Administrator PROOF OF SERVICE BY MAIL AFFIDAVIT I declare that I served a copy of the above document, and any related documents, by (as required by law) first-class, certified or registered mail, postage prepaid, addressed to the above named parties, t addres es listed above, on 03/14/03. I declare under penalty of perjury that the for goin r ru and c r ect. Executed at Simi Valley, CA on 03/14/03. By: Salina Reyes, Lien Administrator 0LIFORNIA PRELIMINARY NOTICE In accordance with sections 3097 and 3098, California Civil Code. THIS IS NOT A LIEN. This is NOT a reflection on the integrity of any 7104 0343 3860 0035 3084 contractor or subcontractor. WELLS SUPPLY COMPANY 1313 E HUNTER AVE SANTA ANA,CA 92705-4133 Bildrs No: 1198334 ** JOINT CHECK REQUESTED ** CITY OF SAN JUAN CAPISTRANO ATTN: JOE MANKOWICH 32400 PASEO ADELANTO RETURN RECEIPT SAN JUAN CAPISTRANO CA 92675 Bildrs No. 1198334 7104 0343 3860 0035 3084 You are hereby notified that WELLS SUPPLY COMPANY has furnished or will furnish labor, services, equipment or materials of the following general description: PIPELINE MATERIALS located at: HEADSTART, 21485 EL CAMINO REAL, SAN JUAN CAPISTRANO, CA The name of the person or firm who contracted for the purchase of such labor, services, equipment or material is: HONDO CO INC An estimate of total price of the labor, services, equipment or materials furnished or to be furnished is$15,000 Owner:CITY OF SAN JUAN CAPISTRANO,32400 PASEO ADELANTO,SAN JUAN CAPISTRANO CA 92675,ATTN:JOE MANKOWICH Orig Contr:HONDO CO INC,2121 S LYON ST, SANTA ANA CA 92705-5303 Lender:None Customer: HONDO CO INC,2121 S LYON ST, SANTA ANA CA 92705-5303 NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor, services, equipment or materials furnished or to be furnished, mechanics' lien leading to the loss, through court foreclosure proceedings,, of all or part of your property being so improved may be placed against the property even though you have paid your contractor in full. You may wish to protect yourself against this consequence by (1) requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your BICA REPRESENTATIVE 03/11/2003 contractor or (2) any other method or device that is appropriate under the circumstances. yr OLIFORNIA PRELIMINARY NOTICE In accordance with sections 3097 and 3098, California Civil Code. THIS IS NOT A LIEN. This is NOT a reflection on the integrity of any 7104 0343 3860 0040 2553 contractor or subcontractor. WELLS SUPPLY COMPANY 1313 E HUNTER AVE SANTA ANA,CA 92705-4133 Bildrs No: 1198334 AMENDED NOTICE CITY OF SAN JUAN CAPISTRANO ** JOINT CHECK REQUESTED ** ATTN: JOE MANKOWICH RETURN RECEIPT 32400 PASEO ADELANTO SAN JUAN CAPISTRANO CA 92675 Bildrs No. 1198334 7104 0343 3860 0040 2553 You are hereby notified that WELLS SUPPLY COMPANY has furnished or will furnish labor, services, equipment or materials of the following general description: PIPELINE MATERIALS located at: HEADSTART, 31485 EL CAMINO REAL *, SAN JUAN CAPISTRANO, CA The name of the person or firm who contracted for the purchase of such labor, services, equipment or material is: HONDO CO INC An estimate of total price of the labor, services, equipment or materials furnished or to be furnished is$15,000 Owner:CITY OF SAN JUAN CAPISTRANO,32400 PASEO ADELANTO,SAN JUAN CAPISTRANO CA 92675,ATTN:JOE MANKOWICH Orig Contr:HONDO CO INC,2121 S LYON ST, SANTA ANA CA 92705-5303 Lender:None Customer:HONDO CO INC,2121 S LYON ST,SANTA ANA CA 92705-5303 NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor, services, equipment or materials furnished or to be furnished, a mechanics' lien leading to the loss, through court foreclosure proceedings, of all or part of your property being so improved may be placed against the property even though you have paid your contractor in full. You may wish to protect yourself against 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 BICA REPRESENTATIVE 04/02/2003 contractor or (2) any other method or device that is appropriate under the circumstances. yr RLIFORNIA PRELIMINARY NOTICE In accordance with sections 3097 and 3098, California Civil Code.THIS IS NOT A LIEN. This is NOT a reflection on the integrity of any 7104 0343 3860 0040 4823 contractor or subcontractor. NORMAN'S NURSERY 8665 E DUARTE SAN GABRIEL,CA 91775 Bildrs No: 1204767 CITY OF SAN JUAN CAPISTRANO ATTN: JOE MANKOWICH 32400 PASEO ADELANTO NO RETURN RECEIPT SAN JUAN CAPISTRANO CA 92675 Bildrs No. 1204767 7104 0343 3860 0040 4823 You are hereby notified that NORMAN'S NURSERY has furnished or will furnish labor, services, equipment or materials of the following general description: LANDSCAPING MATERIALS located at: HEADSTART SCHOOL, 31485 EL CAMINO REAL, SANJUAN CAPISTRANO CA The name of the person or firm who contracted for the purchase of such labor, services, equipment or material is: BUENA VISTA LANDSCAPE INC, BU0030 An estimate of total price of the labor, services, equipment or materials furnished or to be furnished is$5,300 Owner:CITY OF SAN JUAN CAPISTRANO,32400 PASEO ADELANTO, SAN JUAN CAPISTRANO CA 92675,ATTN:JOE MANKOWICH Orig Contr: HONDO CO INC,2121 S LYON ST,SANTA ANA CA 92705-5303 Lender:None Customer:BUENA VISTA LANDSCAPE INC,B00030,601 LAKEVIEW AVE,PLACENTIA CA 92870 Job No: HS NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor, services, equipment or materials furnished or to be furnished, a mechanics' lien leading to the loss, through court foreclosure proceedings, of all or part of your property being so improved may be placed against the property even though you have paid your contractor in full. You may wish to protect yourself against 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 BICA REPRESENTATIVE 04/02/2003 contractor or (2) any other method or device that is appropriate under the circumstances. yr N - • CERTIFIED MAIL NUMBER CALIFORNIA PRELIMINARY NOTICE o •Complete items 1,2 a 3 Also complete item 4 if 7178 8 518 8 010 1108 9843 In accordance with sections 3097 and 3 Restricted Delivery is desired. 3098,California Civil Code THIS IS NOT A w LIEN. This is NOT a reflection on the T 1.Article Addressed To: - integrity of any contractor or subcontractor. - You are hereby notified that TOM MALLOY CORP.DBA TRENCH SHORING CO.,636 E.Rosecrans Ave.,Los Angeles,CA 9gQ,9 has furnished or will furnish labor,service, equipment or material of the following general description:sales and rentals• + . ,• , . I i, of trench shoring equipment for building structure or other work of Improvement located atI.a; ;1. : . ..A� . .Flint 4rl..' E` 14:::t.r: !'e?z L'(' ::!if 414-5 1! t, AL ar'^l ' . ,. 3p) C+i'd 11n„ Co.. The name of the person or firm who contracted for the purchase of such labor, services,equipment or material furnished or 2.Article Number to be furnished is :af:il. !•+!. 7178 8518 8010 1108 9843 An estimate of the total price of the labor,services,equipment or material is 1",,µe3y3,('40 Ft,fr .gl NOTICE TO PROPERTY OWNER 6 3.Service Type i !' !' ?. �'A!`:i_t 5. It hills are not paid In full for the labor,services,equipment or materials furnished o or to he furnished,a mechanic's Ilan leading to the loft.through court foreclosure v D]Certified proceedings,al all or part of Your property being so Improved may he placed against y f I t.F.N i U t. 1; the property sten thWlgh you here paid your contractor In lull. you may wish to 4.Restricted Delivery?(Extra Fee) protect yourself against this consequence by(t)requiring your contractor to furnish El yes ' .i. r. .. !: I"i a signed release by the person or firm Airing you this notice before making payment o f (� IZ M to your contractor or(2)any other method or device that is appropriate under the lam! L[ U D circumstances. m COMPLETE • ON • i..E.MC'7. '_ L.! - (310)327-5554•(800)423-4411 oA.Received by(Please Print Clearly) 6.Date of Delivery y SEP 4 2003 M C.Signature D 3ElAgent PUBLIC WORKS m X El Addressee ', iy,: .ti.ilrc ! -d:• a;al a D.Is delivery address different from Item 19 ❑ Yes { j x:', ,i Obi f•:: t Ht i [ it ,' O l-- 11 I If Yes,enter delivery address below. ❑ No f r,.y'C,t .!;li"'i.F .f it "'rfl I t'T .._� ♦- r HtiF 1 ;;4r1. .'r.1 e'1 ., , ✓1'i:''.y.. r ' �;'"i ' l4? -ia .i!:af t" I�T'•r1i7! - i ., , IJ 70030500000310192700 p ECEod [ 8/29/2003 D SEP 4 2003 Capistrano Valley Water District Atm: Construction Disbursement Officer 32400 Paseo Adelanto WIC WORKS San Juan Capistrano,CA 92675 Re:Notice To Owner Or Public Entity Dear Sir or Madam, We are required by the laws of this state to notify you that we are furnishing labor,services,equipment or materials of the type described on the enclosed standard form for the work of improvement known as the:Construction of Desalter Project, located at 32470 Pasco Adelano, San Juan Capistrano,CA 92675. Such labor, services,equipment or materials were contracted for by:ARB INC LAKE FOREST CA,who is one of the owners, general contractors or subcontractors of this project. We are further required by law to notify you at this time that if bills are not paid in full for labor,services, equipment or materials furnished,or to be furnished,the improved property may be subject to mechanic's liens or stop notices,or a notice to withhold funds may be filed where applicable. The enclosed notice is not intended to reflect in any way on the integrity or credit standing of the contractors involved in this job,but is given merely to comply with the laws of this state. However,to fully protect yourself you may consider(1)requiring your contractor to furnish a signed release from the person or firm giving you this notice before making payment to your contractor,or(2)any other method or device which is appropriate under the circumstances to guarantee payment of this debt. We appreciate the opportunity of furnishing our services for this job and we hope it is progressing to your satisfaction. Should you have any questions concerning this request,please feel free to call us at(949) 553-2167. Thank you. Sincerely, ��',-,,� By: Salina Reyes,Lien Administrator For: United Rentals Northwest,Inc. 19772 MacArthur Blvd.#260 Irvine,CA 92612 Phone: (949)553-2167 Fax: (949)862-1110 dj File: 61892 (CA PV) Owner Customer: ARB INC KE FOREST CA Not;c= Requested by and Return • RefNum: ND the' b# United Rentals Northwest, Inc. Job Name: Construction of Desalter Project 19772 MacArthur Blvd. #260 Job #: 50334945025 Irvine, CA 92612 Cert #: 7003 0500 0003 1019 2700 PRELIMINARY 20-DAY NOTICE (PRIVATE WORK) THIS IS NOT A LIEN. THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR TO THE OWNER OR REPUTED OWNER Capistrano Valley Water District 1. The following is a general description of the labor, service, equipment or Attn: Construction Disbursement Officer materials furnished or to be furnished by 32400 Paseo Adelanto the undersigned: San Juan Capistrano, CA 92675 Miscellaneous, Construction & Equipment Rentals 2. Estimated Price: $12,400.00 TO THE ORIGINAL OR REPUTED CONTRACTOR 3. The name of the person who furnished that ECO Resources Inc/ ECO Capistrano Valley Inc labor, service, equipment or materials is: 32234 Paseo Adelanto D United Rentals Northwest, Inc. San Juan Capistrano, CA 92675 Attn: Ms. Eve Gower 19772 MacArthur Blvd. #260 Irvine, CA 92612 TO THE LENDER/SURETY OR REPUTED LENDER/SURETY 4. The name of the person who contracted for San Juan Basin Authority Lease Revenue Bonds purchase of that labor, service, equipment or BNY Trust Company material is: 700 South Flower St ARB INC LAKE FOREST CA Los Angeles, CA 90017 USE FOR ALL ARB BRANCHES P O BOX 5166 Bond/Loan # 24015060 LAKE FOREST, CA 92630 See Exibit B for additional legal parties. 5. The description of the jobsite is: Construction of Desalter Project 32470 Paseo Adelano San Juan Capistrano, CA 92675 NOTICE TO PROPERTY OWNER IF BILLS ARE NOT PAID IN FULL FOR THE LABOR, SERVICES, EQUIPMENT OR MATERIALS FURNISHED OR TO BE FURNISHED, A MECHANIC'S LIEN LEADING TO THE LOSS, THROUGH COURT FORECLOSURE PROCEEDINGS, OF ALL OR PART OF YOUR PROPERTY BEING SO IMPROVED MAY BE PLACED AGAINST THE PROPERTY EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL. YOU MAY WISH TO PROTECT YOURSELF AGAINST THIS CONSEQUENCE BY (1) REQUIRING YOUR CONTRACTOR TO FURNISH A SIGNED RELEASE BY THE PERSON OR FIRM GIVING YOU THIS NOTICE BEFORE MAKING PAYMENT TO YOUR CONTRACTOR, OR (2) ANY OTHER METHOD OR DEVICE THAT IS APPROPRIATE UNDER THE CIRCUMSTANCES. I declare that I am authorized to file this claim on behalf of the claimant. I have read the foregoing document and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury at the foregoing is true and correct. Executed at Simi Valley, CA on 08/29/03 f n' Rent s Northwest, Inc. . By: ro� Salina Reyes, Lien Administrator PROOF OF SERVICE BY MAIL AFFIDAVIT I declare that I served a copy of the above document, and any related documents, by (as required by law) first-class, certified or registered mail, postage prepaid, addressed to the above named parties, at the addresses,_�isted above, on 08/29/03. I declare under penalty of perjury that the foregoing s tr nd cc re t. Executed at Simi Valley, CA on 08/29/03. By: ��"' �I'-Q-�..w.� Salina Reyes, Lien Administrator EXIBIT B - OTHER LEGAL PARTIES PROJECT: Construction of Desalter Project OTHER OWNER OTHER CONTRACTOR OTHER SURETY / LENDER Mcgowan & Associates 1450 Grant Ave #210 Novato CA 94945 °i e • CERTIFIED MAIL NUMBER CALIFORNIA PRELIMINARY NOTICE g •complete items t,z s 3.Also complete item 4,f 717 8 8 518 8 010 110 9 5 9 98 In accordance with sections 3097 and a gestricted Delivery Is desired. 3098,California Civil Code THIS IS NOT A T t.Article Addressed To: LIEN. This is NOT a reflection on the integrity of any contractor or subcontractor. zo t You are hereby notified that TOM MAL LOY CORP.DBA TRENCH SHORING CO.,636 E.Rosecrans Ave.,Los Angeles,CA 90059 � has furnished or will furnish labor, service,equipment or material of the following general description:sales and rentals m of trench shoring equipment for budding structure,or other work of improvement • dstq:w located at r y , i ��_',' „!'i.'' 1 ,:i.'-'1 i�,._i f-'i (:A W I, z.Article Number The name of the person or firm who contracted for the purchase of such labor, services,equipment or material furnished or to be furnished is ;;!2 -,-{t 7178 8518 8010 1109 5998 An estimate of the total price of the labor, services,equipment or material is ;. , p11,b(+ wlif:.RRL .'filh NOTICE TO PROPERTY OWNER v 3.Service Type f I g hills are not paid In full for the labor,lir ices,equipment or materials furnished o Certified or c di furnished,a mechanics Ileo leading b to the loss,through court placed against v ..- . proceetllnpt,of all or pact ct your properly being ce Improved may be placed apdnst y 4.Restricted Delivery?(Extra Feel f,n i1 .ki)i,!.i+{ri;ii, „ , .. the property even though Von have paid your contractor In full. You may wish to _ protect Yourself against this conuquence by(I)requiring Your contractor to furnish IJ Yes d' s 7 I I! ;,; a signed miens by the porton or firm giving you this notice before making payment o to year contractor or(P)any other method or device that is appropriate under the SECTIONCOMPLETE THIS . , circumstances. m -'n f, { Ffii:_f,_-'�!.i,oI�T ! �x%f-.r u (310)327-5554!(800)423-4411 C1111111 A.Received by(Please Pint gearlyl B.Date of Delivery m N_ ej C Signature e3 Date"'Spyp ? pfli01:0 El Agent • ° ❑Addressee 8 D.Is delivery address different from Item 1? -4'. I ,i I'r r r 4•-�f ';t v (IL;Fqr_� F t, tf'"r� f1]�1 ��1' ',/:.N',� If Yes,enter delivery address below: Yes - '� (� D}1eTN J UI`, No tt r'• ... I f�a=�7iL) V',L L. . Wrt?i }I1, r"iI sir!1151 'T • Dated: 09115/03 RE ' VE ! P SEP 1 2003 D 6 t' 7114 7389 6621 0641 3319 PUBLIC WORKS CA IFORNIA PRELIMINARY NOTICE In accordance with sections 3097 and 3098, California Civil Code This is not a Lien, This is not a reflection on the integrity of any contractor or subcontractor Reputed Owner 1 -You are hereby notified that 09/15/03 CA214225 HERTZ EQUIPMENT RENTAL#9647 CAPISTRANO VALLEY WATER 25831 W WRIGHT ST DISTRICT FOOTHILL RANCH CA 92610 32400 PASEO ADELANTO 2-Has furnished or will furnish labor, SAN JUAN CAPISTRANO CA 92675 services,equipment, or materials of the following general description: HEAVY CONSTRUCTION EQUIPMENT Reputed Construction Lender or Lessee CO#LINE & DESALINIZATION PLANT 3 -An estimate of the total price of the BOND#24015060/LIBERTY MUTUAL labor,services,equipment, or materials furnished or to be furnished is: INS CO/505 S MAIN ST#830 $5,000.00 ORANGE CA 92686 4-The building,structure or other work of Reputed Original Contractor improvement is located at: ECO RESOURCES 1 -ARB INC YARD 32234 PASEO ADELANTO#D DESALTER PROJECT SAN JUAN CAPISTRANO CA 92675 32-470 PASEO ADELANTO SAN JUAN CAPISTRANO CA UNKNOWN 5-The name of the person or firm who contracted A.D.C. for the purchase of such labor,services, equipment or material is: NOTICE TO PROPERTY OWNER 6003093/ARB INC 26000 COMMERCENTRE DR IF BILLS ARE NOT PAID IN FULL FOR THE LABOR, LAKE FOREST CA 92630 SERVICES, EQUIPMENT,OR MATERIALS FURNISHED 6-Name and address of Trust Funds to which OR TO BE FURNISHED,A MECHANICS' LIEN LEADING Supplemental Fringe Benefits are payable TO THE LOSS,THROUGH COURT FORECLOSURE (if applicable): 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 7-Jobsite is Federal Public Work Title 40 USC (1) REQUIRING YOUR CONTRACTOR TO FURNISH A Sec.270A-270E. RELEASE SIGNED BY THE PERSON OR FIRM GIVING Contract# YOU THIS NOTICE BEFORE MAKING FINAL PAYMENT Bond Co: TO YOUR CONTRACTOR OR(2)ANY OTHER METHOD OR DEVICE THAT IS APPROPRIATE UNDER THE CIRCUMSTANCES. Signed ,� ` n_ Authorized Agent Construction Notice Services,Inc. 1-600.3665660 CALIFORNIA PRELIMINARY 20-DAtNOTICE USE PROOF OF SERVICE AVIT OF CALIFORNIA PRELIMINARY 20-DAY N ON REVERSE SIDE (PUBLIC AND PRIVATE WORK) IN ACCORDANCE WITH SECTION 3097 AND 3098, CALIFORNIA CIVIL CODE L,' W L YOU ARE HEREBY NOTIFIED THAT... i Foundation Pile, Inc. Post Office Box 1167 UCTION LENDS or fl�eputt , ifa y Fontana, CA 92334-0361 PUBLIC WORKS (name one address of person or firm-sender) has furnished or will furnish labor, services, equipment or materials of the following general description: None furnish and install piling as directed la.wal or.riptbn of tet after.unw...pulp,e.e,n resudW fuNN.d w to W A e,leiv R for the building,structure or other work- at: iwerf�sitoce at: San Juan Basin Authorit Desalter Pro' -------------------------FOLD HERE----------------------------- 32470 Paseo Adelanto San Juan Capistrano, CA 92675 OWNER or PUBLIC AGENCY leddrasa or description of)ab site sufficient for IMntificatlonl or Reputed Owner (on public work) (on private work) The name of the person or firm who contracted for the purchase of such labor, services, equipment or materials: Capistrano Valley Water District, ARB, Inc. a componet unit of City of San Juan NOTICE TO PROPERTY OWNER Capistrano If bills are not paid in full for the labor,services,equipment,or 32400 Paseo Adelanto materials furnished ortobefurnished,amachanie'slion loading San Juan Capistrano, CA 92675 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 ym haw paid your contractor In full. You Construction loan no. (if known) may wish to protea yourself against this consequ secs by (1) requiring your contractor to furnish a signed release by the ------------------------------FOLD HERE------------------------------ person or firm giving you this notice before making payment to your contractor or (2) any other method w device that is appropriate under the circumstances. ORIGINAL CONTRACTOR Or The person or firm giving this notice is required,pursuant to a collective bargaining agreement,to pay supplementelfringe benefits into an express Reputed Contractor, if any trust fund (described in Civil Code 13111), said fund is identified as follows: (strike if inapplicable) ECO Resources, Inc/ECO Capistrano Valley 32234 Paseo Adelanto (name) San Juan Capistrano, CA 92675 address) aam.) (address) ------------------------------FOLD HERE------------------------------ name) SUBCONTRACTOR Wdr<w with whom claimant has contracted June 20, 2003 Mailed nthis date: I.� ,, ARB, Inc. tt'Oi�(4 01 31JdYlUA) Office Manager 26000 Commercentre Dr. (signature) (title) Lake Forest, CA 92630 An estimate of the total price of the labor,services, equipment or materials furnished or to be furnished is: if 244,260.00 N,�N,ry1III I' (PLEASE NOTE REVERSE SIDE) IIIIIIIIIIIII IIII,II IYYIIIII WLEASE NOTE RM REVERSE Sfive.1-96 Price clave t 8l NNN YYY CALIFORNIA PRELIMINARY]D-DAY NOTICE 7 67775 58510 0 11996 WOLCOTTS FORMS.INC. For your assistance the following complete text of Section 3097,Section 3097.1 and Section 3098 of the California Civil Code are hereafter quoted. Should you have any doubt as to the usefulness of this - n for your purposes you are urged to consult you in attorney. %3097. NW,ftOeq 20-0 y dome Ipaym r"I.'Pnliminary 20 do,mo rvate WMl-means a wanan none. near.by he SESSION wet fund _h the obligation is owlnq smaututex pr.urm*ton maegli ery actwn Wy the NOM s Niment that n .an Prior to the Official N a macnanic's loan,poor to the filing of a stop notice,and prior to Ch inter of Cenvacton against the.-..contractor if the amewt due the oust fund ra not wad. esaning a claim against a Payment b ,and is nquir to W given under the following circumstances fol l l l Each Person who has served a preliminary 20 day notice pursuant to subdrvae4n IN may fila the pnlordway 20- a lar Except one under direct cennac[with the owner or one wdomlang Nmel What fon wages,or an express trust fund day notice with the county ncoms in the county in wnkh any Portion of the property is located,A pralimanary 2Omyr dasddbad In Section 3111,gam pattern who IumlNes Who,arvke,equipment or material for which a Iron or payment notice food pursuant to this action Shall contain all the foXDwlnp: bond wMrwia pun de claimed under this find,Or for which a notice to withhold can mMrwise bs pavan under this tide. IAI The name and Wdress of the person furnishing the labor,service,equipment,or matenals. l aset ,POOSP ErpowM .to the validity otM Mgugl conveRwietry Payment bond,and m a notice to wuhhood,cause 191 The name of the person who contracted for purchase of the labor.deice,equipment,or matenals Ad Wa .n she re . Spared contnccw,tc any wWcarmspots won IC)TM common street adMeN Mahe jarmus. Whom h cllarmart has co as pt",and to b Y the tea acttiuction lender.N any,or to the reputed construction lender,If any, 121 Upon Me acceptance for recording of a Notice of Completion Or Notice of CesNnon the Counq Recorms snail marl to those persona who have hied a preliminary 20 day notice,notification that a Notice of Completion o,Notice of e Ml Except the conmttor,or one psdomling actual lobar for wages,or an esprem Prothro!disc .d in Sectam 3111. Cwtalum has been recorded an the property and still SNaa the date thatim Notice of Completion or Notice of Cesatwn all p—s who have a direct contract with the owner and who furnish labor,wrvica,equipment,or material for Watch was corded vnm ton county recordey. aI.,w payment bmdoIMrvna can M claimed under waallEd 1pvvIwh.nwaca to enlhhoWun cMwi be given 131 The failure of the county recorder to marl the nohfac.lum D the Poison no filed a prNammary 20 day nonce,or the under[M1W asks,shall, a a nawwary PmMuIWW to the validly of any c4Yn of Nen,claim on a payment bond.and of a failure of those persons to receive Ino notification or to receive cmal.b.notification,Shall not affect the all within make to witmdd.cause to be Mason to the conamC on%now.6.try,or to the named construction lender,d any,a which a Cie;m lir ben're required to be recorded However,the county recent., .It make a good faith&Ilan to and written MWMnsry nOtic,as P..Obad by this.... notilacatwnto those persons who have laked the preliminary 20 day notice under this taction and to do w within live days kl The pm"mry nonce»tetrad to he aubdavWom lel and 161 shall contain the following anfmrwffiom. after the recording of a notice of COMPletmn or notice of common, rel A werad dacrip[ion N the labor,.Mia.Equipmxn•or maddiNs lum4netl,or to be fumisned,and an earned. 101 This new function of It,county mcdop r shoo not become ober rage until Joly 1,1988.TM county recent.,may W the tonal prase thereof. use to be destroyed all documante filed pursuant to this when,two years after and11 y. date of fann 121 The name and arid. ah of the Pa.fuming that labor, I.,pugntnt or materials. (61 The preliminary0 d 2ay notice vietYch a Person may for pursuant to this subdivision is fon the limited PNa u, s,of 131 The game of and Parson who cmlMdW for purchase of that labor,wrvia.equipment,or ma miss.. facilitating the moth, of notice by Ins chuPay merely Of offs aded nations of co M Mwq and noticest of caseation,The lel A dsNdoim of the jobaito a icient for bwtifim n. nota,.which id fl ty IEMV olficull record.of the county which ISI The/NlOwing movement in boNfaw tyq: by law import constructive notice.NNwimstandlng any other prorasaon of law•the index maintained by the nterim of NOTICE TO PROM? OWNER filed preliminary 20-day notices snail be separate and distinct Emm thaw indexes maintained by the county,recorder of 11 bids M tont Paid An full for the labor.parishes,eWipmem,or materials fumiNW or to W fumlahed,a Presented'.lien those official records of the county which by law mpan cowtrunive notice.The filing of a Preliminary 20 My notice with MadOg to don Wse,through court fwedomm p. don W,of NI or pod of you p idwev being No improved may ba placed Ins county recorder does not gave rise a any actual or constructive notice with mwct to mY party of the exiaunn or ,WN the Prelwr V even though you hone Paid ywr am,..,M fit . You may Mi to MINI ya toff"o anti this contents of a filed preliminary 20-day nDlace nor ro any dust DI inquiry on lite panel to party w as,the existence or cenNqusnc.by 111 requbin9 yaw cpnVacterto formed a Y tl by tMPNeon or fire good you SME miwwN contents cl tMl rrotica. making payment to your contractable 121 any whet method w darks,that Is algropd.a under the clic erstanaa. %3097.1 Proal of service.l Notice Proof that the Preliminary 20 day mtiu r@Quit"by Section 3097 was served in 191 If the notice 4 given by a suMmtractw who is squalid Penwnt to a callective bargaining"name to paya ccordance with subdivision(ff of Section 3097 shalt be mask as follows: syppWrwtwl fart,bamfas Wto an express trvatlund de=HbW in Section 3111•the Native Merl alga Camara lhekena, fat 11 served by mad,bythe proof of service affidavit described in subdivision kl of this Section accompanied Seer by and addna W Me trust fund or funds. the raturn receipt of certified or registered mail,or by a photocopy of the record of delivery and rswapt mai eained by the If.o Invola for maUM4 corallin the information required by this action,a copy of the invoice,transmitted in the post office,showing the date of delivery and to whom delivered,or,in the event of nondelivery,by the returned enrelopa matter pr.=nbad by this wcaion May bs suHkienl noes. iaNlf. A AN .,ed a danR.ngINNM.4 .N,or fiwnnd land am,.Pane has lumMed nm ea 1w the design el Me to)11 served be wrecasky dvierrng Ins notice to the person to be norhad,or by leaving it at has address or place of w&of imwovement and who give.preliminary Natacer as provged In this action not late,than 20 days afterthe work buvinme with some person in charge,by the proof of service affidavit described an subdrrasaon Ica. of highwamwt has roto need SI NI ON dammed to My*comptled with wbdlvNons WI and lot with respect to kl A'pmof of amea allydavaY rs an affords.,of the person making the mance,showing the time.place and manwr .dqM Cern,mannewaq,or awvayNp warm.farm W.At Or ba furnished, of service and facts showing that such service was mad.in accordance with Section 3097.Such effort.."shall show the Idl The pmlNMq notice Mensd to In W Wwi.ams(s)and Ibl Nall be given net ISM than 20 any,altar the donrom name and&"was of the person awn whom a copy of In.tha marry 20 day notice was Samoa and,.f appropriate,the has fast fumbled 18Wg wryke.a pmni,or matedMs to the p Ws.Il labor.arvlce,Equipment,or materials my*been title or capacity in which he was served. N"O"toajobW.by.claimant who rid no,git.aMllmimry nptica.that dam nt Nell Pae M pncludW from pavane E3098.RNIMwry 20-Dsy NoalwlNrbYC WONL 'roadr inner,20 day notice 1public wortl'means*wm,mnouce from .pMiminery mice at any WM tnerwlter.Th,tltlmma Nag,noww„b entLbtltp latero a tlen,i0O Nop n.M.,and a claimant that was given prior,.me aswnron at a cbrm a,rnn a payment band,m In.filing of a Nps notice m public act a claim ageing a payment bend We Ion labor,wmi Equipment,or mMedW fumiNW It 20 days prior to the work,and is required to be given under the following Circumstances 1Names M the w.WnlnM Patlw,and al any tame MCMIt., Im In any case in which the law of this state affords a rght to a person furnishing labor or materials ler a public work 1)fns mice.rpuiaM under thi.aawlm may be served as follows: who M1N not ban paid MerNw to small a claim against a payment bond,or to fila a Sipe notice with the public agency At If and Paton to M notified micas at this saw.by ds se"the times w,anally,or by leaving it N has or hocoed,and thereby cause the withholding of payment from Ina conn n, or for the public work,any Such porton having Seen,N.l .or pito.Of Wayne,w ams penin In dnrge•Or by firri n9iSlN Or c.dfived now.dila, ndirect comraaual teinnywh p with the contractor,other then a poison who adormed..-I Wer for wages or as NspNc,addnsesd to the perwn to wham notice Is to be given N New her m me or pow of MsaN address or., eawea twat fund emaciated in Section 3111,may his In.prehmm,notice,Not no Payment mall be withhold from the Mea mm Nmwn by the buiNng ps it on file with the tut y wukv a buYcang psmat IMMA work.or any addnw cmtmwof pursmnt to MN notice hill...the parson he,cawed w notice to be given to the Contractor,the ncwdW w..,to subdivl b 01. suMmtracmn with whom the claimant has mnImA,m.and the public concerned,no,later than 20 days after (21 If the person to M notified it.no,ION M this Nets,by any matetl eautomated Or paraMph 111 of Mn the claimant has firs,furnished lapin,serv¢u,equipment,of matanab to the Irisin,sla am,with substantial accuracy wbdNiYpn. If the w.canna,he Spread by any N[hew..had.,then notice may be given by liM<IM mPlfmd or a germ l deacnptwn of labor,SONIC..equipment.o,materials furnished or to be furnished,and the name of Me party,a repiNMd mtl,sddntad n[M cmtlaetln MMR or to the alpinN eon[rgw, whom the wins was furnished.This notice shall be served by maalang the soma by first class mail,rpntand mail,Or 131 When aMw W made by firm dean cenaRed or f OUN mel,arvke W complete at the love of the da of that centuries man,onstage prepaid,an an envelope addedswtl To the cant rac,onuny place the mnone or memtarns an office rpiNanq w pnllWdmN1. eaad-.buvww,e,IOW or ION ns'itlmca,or by wnowl Seam.In can.at any prove..its wwvucwd a,IM (a)A wnm t iu by thin»Dion to grve I. a the owner,to an anginal contractor•to any subcon tea or,and Department Of Probe Works or In.Daiwa...,of General Services Of the este,such nice Mall be carved by m sling to Mf.on to w m a notal to wimnpld may M given,need give agy we nation to the owner.to the dt lcommetor, rteIn.timemarine, s above,modresad athe NM..1 the disbursing officer of department constructing th.work. and to try sty wtr to,and to the pecten to whom a howl to withheld may be given yeah nwost,o all matenals, or by psrsmal Service upon be ovnca.when saran is be agrsurW a aemfied mai NNee I.mmplm..1 the time of rvica.labor,or p Pimm am he or.M Examines for gawk of a of Improvement, anote Improvement,that mans ane eswmn mrr cor schema the deposit of the registered o,ceed mail. of Wm v.mmu as a whole,unions the gamet is lumi$Md under contracts with more than pun mtment actor,in which MI Where In.m ilmll Pon W be paid m any subcontractor on a Particular work ofumproverriont exceeds four hundred ant•the Police muinmsnn Mall be mat with respect to answered.wrv.cae,labor.or equipment furnished to each dark,,INOO),the Ali—of In.,canonical,licensed under Chapter 9.(commencing with Section 70MI of 0rv,mot 3 coMrKaw. a,{M ISunlness and Wolmoo ns Come.1.1—the mvice wwMW ton m inn sNlron,cmmayea.gounds Ion dacimmeY its notice combat Comm'&=HO"required by wbtlly s on 101 w lb1 of the mato is.with Wba.gnquapmentnicon by the All of Contractors. /umW W to the data of nation,it is not WMY a because,ahw that dine.[M mmn giving native IumisMe manners, let The notice Settl ements of,his Motion shall net apply to an eapass Past fund"",.bad in section 3111. arviceo Wbor,w puapmnt not Within the son,of thin gains.'ce.cdptb . Ida If labor.Se Equrpmem,or matenals have been furnished to a jobvte by a claimant who did not give a (rel Wlrsn the Wntractpaw to be Bate n an,aubc.n.c ..WI W.,work 0 improvement eacasda Eew hundred preliminary notice pursuant o subdivision Im.that claimant"it not be prMlum linin giving a prNlmannY note*at my dolWs ASIAN),the fallow N Mat connector.licensed uMa Chapter 9(comm W with Section 7131010)of dv'wlon 3 of ,ImnM1Melur.The co.min,.hal,howomm,be emailed to*man a claim against a Paymen,bond and ide a stop acres Ma O oto she RO oS n.Cade,an ales the notice PmvWW Ion In Me Swmm.continues hounds fa Wwipl.q only for labor,wrvee,equipment,AS material furnished within 20 day.poor to the unite of IM pr.Nmrnam nmee,and actkn by to F.W.N Co..... at any lime lhenalier. Whew the Nath 4 wakW as con.in the INwmatin wt faith W,regnph 18101 wbdvWon Ica..f WW.to gets[M nptks,N 6,MN Infom.tldn,,bat nsoae W the f lin,N•Yen,claim m a Payment wM,a the&We,of•atop PRIVATE WORK PROOF OF SERVICE AFFIDAVIT PUBLIC WORK PROOF OF SERVICE AFFIDAVIT (Section 3097.1(c) California Civil Code) (Section 3098 California Civil Code) IF BY MAIL IF BY PERSONAL SERVICE IF BY MAIL IF BY PERSONAL SERVICE I, declare:That l served copies of this I, I Melanie A. Fisher I, California Preliminary 20-Day Notice dee are: I netserved copies of this declare:That I served co ins of this declare:That I served copies of this California Preliminary 20-Day Notice P by First Class registeredicertified on the parties named on the reverse California Preliminary 20-Day Notice California Preliminary 20-Day Notice mail, postage prepaid, on the side at the places and on the dates by First Class registered/certified on the parties named on the reverse g lender, owner, original contractor shown below: side at the places and on the dates Lender mail, postage prepaid, addressed and subcontractor with whom I (place of service) to the public agency, contractor shown below: contracted at their respective on and subcontractor with whom I Public Agency addresses as shown on the reverse (date) contracted at the addresses as (place of service) side,on Owner shown on the reverse side, on on (date) (place of service) June 20 200Contractor (date) on + (date) (date) (place of service) I declare under penalty of perjury Contractor on that the foregoing is true and (place of service) (date) correct. on 1 declare under penalty of perjury Subcontractor with whom I Executed on , at (date) that the foregoing is true and contracted Subcontractor with whom I (date) correct. (place of service) ,California. contracted 06-20-2003 on (place of service) Executed on , at (city) on (date) (date) (date) Fontana ,California. (signature of person making I declare under penalty of perjury IityI I declare under penalty of perjury service) that the foregoing is true and �^,,., �]I (� h�� that the foregoing is true and correct. �+1/L' �A correct. Executed on , at (sig tare of person making Executed on , at (Attach receipts and return receipts (date) service) (date) of registered or certified mail and/or ,California. ,California. photocopies of record of delivery (city) (cityl and receipt maintained by the Post (Attach receipts of registered or Office.) (signature of person making certified mail when returned.) (signature of person making service) service) fg, ' �'�,. �r� a� a, S'6. PRELIMINARY O-DAY NOTICE NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor, (THIS FORM MAY BE USED ON BOTH PUBLIC AND PRIVATE PROJECTS) services, equipment, or material furnished or TO: CONSTRUCTION LENDER(Or Reputed Construction Lender)(if any) to be furnished, a mechanic's lien leading to the loss, through court foreclosure Name proceedings, of all or part of your property being so improved may be placed against Street the property even though you have paid your contractor in full. You may wish to protect City, State, Zip yourself against this consequence by (1) requiring your contractor to furnish a sighed TO: ❑ OWNER (Or Reputed Owner) ® PUBLIC AGENCY release by the person or firm giving you this notice before making payments to your (On Private Work) (On Public Work) contractor or(2) any other method or device Name Capistrano Valley Water District that is appropriate under the circumstances. Street 32400 Paseo Adelanto MAILING INSTRUCTIONS (1) IF THE PERSON RESIDES IN City, State, Zip San Juan Capistrano CA 92675 California, the notice may be served by first class registered or certified mail, postage T0:Original Contractor(or Reputed Original Contractor) prepaid, addressed to the person at his or her residence, or place of business address, Name: Eco Resources, Inc or at the address shown by the building permit on file, or at the address shown on a Street: 32234 Paseo Adelanto recorded Construction Trust Deed. City, State, Zip San Juan Capistrano CA 92675 (2) When Service is made by first class registered or certified mail, service is complete at the time of the deposit of mail. General description of the labor,service, equipment, or materials furnished, or to be furnished and an estimate of the total price thereof: When service is given by a subcontractor Rental Of Powerscreen M60 who is required under a collective bargaining agreement to pay fringe benefits, the names and addresses of the fringe benefits trusts follow Invoice # Approximate Value $50,000.00 NAME AND ADDRESS OF CLAIMANT GIVING THIS NOTICE Name Reliable Screening, Inc Street 8361 Commonwealth Ave PROOF OF SERVICE AFFIDAVIT The undersigned served copies of this City, State, Zip Buena Park CA 90621 Preliminary 20-Day Notice, by first class registered or certified mail, postage prepaid, NAME OF PERSON OR FIRM THAT CONTRACTED TO PURCHASE THE on the persons, and at the addresses shown LABOR, SERVICE, EQUIPMENT, OR MATERIALS on September 25, 2003 Name Arb, Inc DESCRIPTION OF JOB SITE SUFFICIENT FOR IDENTIFICATION I declare under penalty of perjury under the laws of the State of California that the San Juan Basin Authority Desalter Project foregoing is true and correct. 32470 Paseo Adelanto Date:Septemb r25,2003 San Juan Capistrano, Ca 92675 Job# 1436-340 Signature: [iL STAPLE RETURN RECEIPTS HERE PWMINARY 20-DAY NOTICE (PRIVATE WIR) California Il Code Sections 3097,3098, 3111, 3241 252 at Seq. THIS IS NOT A LIEN, THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR TO:Owner 1.The following is a general description of or Reputed Owner the labor,service,equipment or materials CAP VALLEY WATER DIST furnished or to be furnished by the undersigned: 32400 PASEO ADELANTO VAULTS AND ECT. San Juan Capistrano,CA 92675 To:Original Contractor 2.Estimated Price: $3,000.00 or Reputed Contractor 3.The name of the person who furnished that labor,service, ARB,INC equipment or materials is: 26000 COMMERCENTRE DR UTILITY VAULT Lake Forest,CA 92630 PO BOX 1390 Fontana,CA 92334.1390 To:Lender,Surety or 4.The name of the person who contracted for purchase of Bonding Company that labor,service,equipment or material is: SAN JUAN BASIN AUTHORITY JOHNSON-PELTIER LEASE REVENVE-BNY TRUST CO. 12021 SHOEMAKER 700 S FLOWER STREET_ Santa Fe Springs,CA 90670 Los Angeles,CA 90017 5.The description of the jobsite is: SAN JUAN CAP.WATER DIST 562.75502 32470 PASEP ADELANTO San Juan Capistrano,CA 92675,in the County of Orange COPY OF NOnCE OF COMMENCEMENT REQUESTED VERIFICATION I declare that I am authorized to file this PRELIMINARY 20-DAY NOTICE (PRIVATE WORK) on behalf of the claimant. I have read the foregoing document and know the contents thereof;the same is true of my own knowledge.I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at Fontana, California on 091231200 r UTILITYVAULT. //JJ Phone:(909)428.3700 Fax:(909)858.5788 KAREN HELM,AIR PROOF OF SERVICE BY MAIL AFFIDAVIT I, KAREN HELM declare that I served copies of the above PRELIMINARY 20-DAY NOTICE (PRIVATE WORK ) By First Class Certified Return Receipt Requested or Registered Mail service, postage prepaid, addTF ea o aaaressb3 shown above on V'9123Iaw 3. i dewdre Whom pendky ui penury under .fie ishut' v ai�un foregai ' true and coryee�!//��/foKAREN HELM,AIR . $ 2 6 2003 Exec ed at Fontana,California on 0912312003. NOTICE TO PROPERTY OWNER PUBLIC WORKS If bills are not paid in full for the labor, services, equipment or materials rurniSned Mechanic's Lien leading to the loss, through court foreclosure proceedings, of all or part of your property being so improved may be placed against the property even though you have paid your contractor in full. You may wish to protect yourself against this consequence by (1) Requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor, or (2)Any other method or device that is appropriate under the circumstances. UTILITY VAULT PO BOX 1390 V 5.POSTAGE Fontana,CA 92334-1390 11 0 11.331 E11340 22�E Oil, 3 RE 'URN RECEIPI' REQUESTEE CAP VALLEY WATER DIST 32400 PASEO ADELANTO San Juan Capistrano, CA 92675 poll MMMMMo. MMMMM.011....I PK. 01-7 - �lI F&IMINARY 20-DAY NOTICE (PRIVATE K) California7ivil Code Sections 3097,3098, 3111, 3241 3252 et Seq. THIS IS NOT A LIEN. THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR TO: Owner AC af/� 1.The following is a general description of or Reputed Owner the labor,service,equipment or materials CAPISTRANO VALLEY WATER DISTRICT furnished or to be furnished by the undersigned: 32400 PASEO ADELANTO VAULTS AND ETC. San Juan Capistrano,CA 92675 To:Original Contractor 2.Estimated Price: $150,000.00 or Reputed Contractor 3.The name of the person who furnished that labor,service, ARB,INC equipment or materials is: 26000 COMMERCENTER DR. UTILITY VAULT Lake Forest,CA 92630 PO BOX 1390 i Fontana,CA 92331-1390 To: Lender,Surety or 4.The name of the person who contracted for purchase of Bonding Company that labor,service,equipment or material is: SAN JUAN BASIN AUTHORITY LEASE FOUNDATION PILE,INC REVENUE BONDS BNY TRUST CO. 9774 CALABASH AVE 700 SO.FLOW-FR ST Fc-;lana,C—' 92334 — — Los Angeles,CA 90017 5.The description of the jobsite is: AccUBond#24015060 CAPISTRANO VALLEY WATER DESALTER PRJ. 32470 PASEO ADELANTO San Juan Capistrano,CA 92675,in the County of Orange COPY OF NOTICE OF COMMENCEMENT REOUES7ED VERIFICATION I declare that I am authorized to file this PRELIMINARY 20-DAY NOTICE (PRIVATE WORK ) on behalf of the claimant. I have read the foregoing document and know the contents thereof;the same is true of my own knowledge.I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at Fontana, California on 061111200,q // 4f�or UTILITY VAULT. By: WUNV /IM 44A Phone:(909)428.3700 Fax:(909)823.4113 KAREN HELM,AIR PROOF OF SERVICE BY MAIL AFFIDAVIT I, KAREN HELM declare that I served copies of the above PRELIMINARY 20-DAY NOTICE (PRIVATE WORK ) By First Class Certified Return Receipt Requested or Registered Mail service, postage prepaid, addressed to each of the parties at the addresses shown above on 0611112003. I declare under penalty of perjury under the laws of the State of California_that the 'oreyoi h�is//trgrue and torr By: U/WV�/ 'to" KAREN HELM,AIR Execut at Fontana,California on 0611112003. NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor, services, equipment or materials furnished or to be furnished, a Mechanic's Lien leading to the loss,through court foreclosure proceedings, of all or part of your property being so improved may be placed against the property even though you have paid your contractor in full. You may wish to protect yourself against this consequence by (1) Requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor, or (2)Any other method or device that is appropriate under the circumstances. I � 7100 6309 2640 2110 33 RETURN RECEIPT REQUESTED D E c E V E JUN 13 D PUBLIC WORKS G << 4 I[,1111111111,i6otiff fill III?N111L1»1i616[tiles 161n1 �f PRELIMINARY 20-DAY NOTICE (PRIVATE WORK) This is not a lien or a reflection on the integrity of any contractor, but the notice prescribed in California Civil Code sections 3097 and 3098. NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor, services, equipment, or materials furnished or to be furnished, a mechanic's lien leading to the loss, through court foreclosure proceedings, of all or part of your property being so improved may be placed against the property even though you have paid your contractor in full. You may wish to protect yourself against this consequence by (1) requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor, or (2) any other method or device that is appropriate under the circumstances. TO: �g4is�ra o Vgu�, W4{y Dut�I 3av n,�wseo e. s 3j,. �; fr cft 4ab7s (ProopCpeny Owner's Name and Address) LCU rzeSuu2es (General Contractor's 2 { Name and Address) SCIA %Y:U yTntk �"(Wflr S 9CV17 (Cons[mction Lender's Name and Address) NOTICE IS HEREBY GIVEN that (f 5T -TA-IVSf�iei doing business as G l�^r d".,.t jecy-,,k , has furnished and will furnish labor, service, equipment and materials to the jobsite at 3R 17o Paseo A'c(e(antor .Sc Ju o ( ao;rin as CA for use in the co nstruction of a�q sfeel dol u n{er i,l� `F e*�fw on the .Sc t. -U,,, "'f ` %sf z.1„ x�dMLa� �U at that address. The estimated value of hMdl4 /e-�rc�, (Howe,building,etc.) l �F (Contractor's Company Name) contribution to the construction project, including but not limited to errs s aol�� ra (Type of Work) On 2W, / (Date) (Contractor's Name) (Address) 1c, f. contracted with ✓t6, _Tlc for the supply of the above-mentioned S Nd t?,4 4 erez.�x (labor and/or equipment and/or materials) for use at this jobsite for this project. Dated: ,2CXO.. (Printed Name) r for CO`k M 6 (A^ (Company's Name) (Address) PROOF OF SERVICE On `I 2CZ2, I served copies of the above PRELIMINARY NOTICE by personally&iling them via fully prepaid certified mail at a United States Post Office, addressed to each of the parties listed above, at the addresses given above. I declare under penalty of perj'uV under the laws of the State of California that the foregoing is true and correct. Executed at nsgs G cs ) cl , 2003, (City) (Name) S`(ca `C�n.safe Gk. les 66 la, (Address) 2 File:2293 [CA] [PUBLIC] [COPY:Ep I Customer: A R B INC • Recording Requested by and Return toil P.O. #: LF0112939 CONCRETE TIE INDUSTRIES, INC. I Project: DESALTER PROJECT -WELLS, WATER LINE Ree ID: IOBOUWOJJ 130 ORIS STREET I Sob #: 1436-340 Compton, CA 90222 1 Cert No. : , PRELIMINARY 20-DAY NOTICE (PUBLIC WORK) (California Civil Code Sections 3098, 3111, 3241 6 3252 et Seq.) THIS IS NOT A LIEN, THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR TO THE OWNER OR REPUTED OWNER 1. The following is a general description of CAPISTRANO VALLEY WATER DISTRICT the labor,service,equipment or materials 32400 PASEO ADELANTO furnished or to be furnished by the undersigned: San Juan Capistrano, CA 92675 CONSTRUCTION ACCESSORIES 2. Estimated Price: $25,000.00 TO ORIGINAL OR REPUTED CONTRACTOR 3. The name of the person who furnished ECO RESOURCES that labor, service, equipment or 32234 PASEO ADELANTO, STE D materials is: San Juan Capistrano, CA 92675 CONCRETE TIE INDUSTRIES, INC. 130 ORIS STREET Compton, CA 90222 4. The name of the person who contracted for TO LENDER, SURETY OR BONDING CO. purchase of that labor, service, equipment SAN JUAN BASIN AUTH LEASE REVENUE or material is: BONDS BNY TRUST COMPANY A R B INC 700 S FLOWER ST JOB #1436-340 Los Angeles, CA 90017 26000 COMMERCENTRE DR Lake Forest, CA 92630-8816 S. The description of the jobsite is: DESALTER PROJECT -WELLS, WATER LINE 6 DESALINIZATION PLANT Additional Legal Parties: Exhibit D 32470 PASEO ADELANTO San Juan Capistrano, CA 92675 County of Orange NOTICE TO PRIME OR GENERAL CONTRACTOR THIS IS NOT A LIEN. THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR. THE UNDERSIGNED HAS ENTERED INTO A CONTRACT TO PERFORM LABOR OR FURNISH MATERIALS FOR THE ABOVE-DESCRIBED PUBLIC PROJECT, AND WILL LOOK TO YOU AND YOUR SURETIES FOR PAYMENT IF THE PERSON ORDERING SUCH MATERIALS AND LABOR FAILS TO PAY FOR THEM. I declare that I am authorized to file this claim on behalf of the claimant. I have read the foregoing document and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Execu ed at Compton, California on 07/25/2003 for CONCRETE TIE INDUSTRIES, INC. . By: ~— STEVE 0 SIM, CONTROLLER Phone: (310) 886-1008 Fax: (310) 886-1016 PROOF OF SERVICE BY MAIL AFFIDAVIT I declare that I served a copy of the above document, and any related documents, by (as required by law) first-class, certified or registered mail, postage prepaid, addressed to the above named parties, at the addresses listed above, on 07/25/2003. I declare under penalty of perjury that the foregoing is true and correct. Executed at Compton, California on 07/,255/20i3O�3.. 1 By: - nb,nln"h'� 'CJ G• A/�CI. ,t- T' MARY M SCHOENDIENST, ADMINISTRATIVE CLERK Oxxhibit D - List of Additional PA es Project: DESALTER PROJECT -WELLS, WATER LINE 5 DESALINIZATION PLANT The following is a complete list, to the best of our knowledge of all additional or secondary parties with an interest in the aforementioned project ADDITIONAL LENDER, SURETY OR BONDING COMPANY _ LIBERTY MUTUAL INSURANCE CO 505 S MAIN ST, STE 830 Orange, CA 92868 Contract #: 29015060 CALIFOXIA PRELIMINARY 20-DAR NOTICE USE PROOF OF SERVICE AFFIDAVIT OF CALIFORNIA PRELIMINARY 20-DAY NOTICE ON BLUE COPY (PUBLIC AND PRIVATE WORK) IN ACCORDANCE WITH SECTION 5097 AND 3098,CALIFORNIA CML CODE W CONSTRUCTION LENDER or YOU ARE HEREBY NOTIFIED THAT ... LL Reputed Construction Lender, if any u5 A)VO ASSOGTArf� ZNL uir mZLyzA/C CA 321y Marne and address or person or flrn a er) Has furnished or will furnish labor, services, equipment or 0 materials of the following general description: Q� SURV�YIN6 SF/2Y2GES r (gsr— de="Mde.YbW.�***ffee«niwwYY snnr,M ours baerriMd) Z 0 for the building,structure or other work of improvement located at co GI/Yvu PHASE j v�sncrCe o OWNER Or PUBLIC AGENCY or Reputed Owner (on public work) (address or demotion of job tits sufficient for Identification) > (on private work) The name of the person or firm who contracted for the purchase of such labor,services,equipment or material: o GAPLSTQAND VAU&y WA1EZ DTSTRr-4r Joh Ang[AAKS ti 32 x150 PA5t0 ADe4AN70 A NOTICE TO PROPERTY OWNER 5 A N j VAN G A P r 57 RANO] G A 91(0-76- If bills are not paid in full for the labor,services,equipment,or materials Z furnished or to be furnished,a mechanic's Ben loading to the loss,through court foreclosure proceedings, of all or pan of your properly being so j Improved may be placed against the property even trough you have paid Qyour contractor in full. You may wish to protect yourself against this Z consequence by(1)requiring your contractor to furnish a signed rebase by FD Construction loan no. (if known) the person or firm giving you this notice before making payment to your FEcontractor, 0 z w W ORIGINAL CONTRACTOR or 0 Reputed Contractor, if any >. The person or firm giving this notice is required,pursuant to a collective w Q p 8 �NG_ bargaining agreement to pay supplemental fringe benefits into an express rl r trust fund (described in Civil Code §3111j, said fund is identified as a 2 6 OOO G.OM M r R 6,eNTt F. DRIV4 follows:(strike if inapplicable) 0 LAKK FI�A'k'ST> G/� 9LG3D OPIrgATrwo f�A/G%NEAec TK1957' F&ADEN/F GAS 91103Lu ) (name) 0 (address) z SUBCONTRACTOR Q- with whom claimant has contracted W Mailed this date: MAY f�,��)3 .w.r (signature) (eye) LU An estimate of the total price of the labor,services,equipment or materials furnished or to be furnished is: $ '8, :50o WOLCOTTS FORM 1510Q-(price dap 13E)(grkrWpsome) S CAUFORNrev IA PRELIMINARY 20-DAY NOTICE- .1-2000 7 !TT/7 �iIS'71PIa . . .O 2000 WOLCOTTS FORMS.INC. I • 7 ( /G Dated: 10114103 CA224840 il 11111111111111111 7114 7389 6621 0665 6525 CALIFORNIA PRELIMINARY NOTICE In accordance with sections 3097 and 3098, California Civil Code This is not a Lien, This is not a reflection on the integrity of any contractor or subcontractor Reputed Owner 1 -You are hereby notified that 10114103 CA224840 MR CRANE INC CAPISTRANO VALLEY WATER 647 N HARITON ST DISTRICT ORANGE CA 92668 32400 PASEO ADELANTO 2-Has furnished or will furnish labor, SAN JUAN CAPISTRANO CA 92675 1 services,equipment, or materials of the following general description: �`_ CRANE RENTAL Reputed Construction Len rD essee CO#LINE & DESALINIZAT A07 1G 2�3 ! 3-An estimate of the total price the BOND#240150601LIBERT U UAL labor,services,equipment, or materials INS CO/505 S MAIN ST#8 0 ; furnished or to be furnished is: ORANGE CA 92686 PUBLIC r.. $3,912.00 4-The building,structure or other work of Reputed Original Contractor improvement is located at: ECO RESOURCES 25198TR 32234 PASEO ADELANTO #D DESALINIZATION PLANT SAN JUAN CAPISTRANO CA 92675 32470 PASEO ADELANTO SAN JUAN CAPISTRANO CA A.D.C. UNKNOWN 5-The name of the person or firm who contracted for the purchase of such labor,services, equipment or material is: NOTICE TO PROPERTY OWNER ARB INC 2600 COMMERCENTER DR IF BILLS ARE NOT PAID IN FULL FOR THE LABOR, LAKE FOREST CA 92630 SERVICES, EQUIPMENT,OR MATERIALS FURNISHED 6-Name and address of Trust Funds to which OR TO BE FURNISHED,A MECHANICS' LIEN LEADING Supplemental Fringe Benefits are payable TO THE LOSS,THROUGH COURT FORECLOSURE (if applicable): 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 7-Jobsite is Federal Public Work Title 40 USC (1) REQUIRING YOUR CONTRACTOR TO FURNISH A Sec.270A-270E. RELEASE SIGNED BY THE PERSON OR FIRM GIVING Contract# YOU THIS NOTICE BEFORE MAKING FINAL PAYMENT Bond Co: TO YOUR CONTRACTOR OR(2)ANY OTHER METHOD OR DEVICE THAT IS APPROPRIATE UNDER THE CIRCUMSTANCES, Signed Authorized Agent Construction Notice Services,Inc. 1.800-366-5660 r7/,* . CALIFORNIA PRELIMINARY zo-DAY NOTICE (PUBLIC AND PRIVATE WORK) IN ACCORDANCE WITH SECTION 3097 AND 3098,CALIFORNIA CIVIL CODE YOU ARE HEREBY NOTIFIED THAT... CONSTRUCTION LENDER or SOUTH WEST PUMP & DRILLING, INC. Reputed Construction Lender, if any 53-381 Highway I I I San Juan Basin Authority Lease Revenue Bonds Coachella, CA 92236 BNY Trust Company has furnished or will furnish labor,services,equipment or 700 Flower Street materials of the following general description: Los Angeles,CA 90017 Well Development&Pump Installation @ 8 sites and abandonment of 4 existing wells v OWNER Or PUBLIC AGENCY for the building,structure or other work of improvement or Reputed Owner(On Private Work)(On Public Work) located at (see attached breakdown) Capistrano Valley Water District San Juan Capistrano Desalinization Project 32470 Paseo Adelanto 32470 Paseo Adelanto San Juan Capistrano,CA San Juan Capistrano,CA 92675 The name of the person or firm who contracted for the purchase of such labor,services,equipment or materials: ORIGINAL CONTRACTOR or ARB,Inc.(Subcontract#1436340-OS) Reputed Contractor, if any An estimate of the total price of the labor,services, equipment or materials furnished or to be furnished is: ECO Resources 1,233,555.00 32234 Paseo Adelanto,Ste.D NOTICE TO PROPERTY OWNER San Juan Capistrano,CA 92675 If bills are not paid in full for the labor,services,equipment,or materials furnished or to be furnished,a mechanic's lien leading to the loss,through court foreclosure proceeding,of all or part of the property being so improved may be placed against the property SUBCONTRACTOR even though you have paid your contractor in full. You may wish to protect yourself against this consequence by(1)requiring your with whom claimant has contracted contractor to furnish a signed release by the person or firm giving you this notice before payment to your contractor,(2)furnish and ARB, Inc. record a receipt indicating the contractor has been paid in full or(3) any other method or device that is appropriate under the 26000 Commercentre Dr. circumstances. Lake Forest,CA 92630 The person or firm giving this notice is required,pursuant to a collective bargaining agreement,to pay supplemental D ((C IG M fringe benefits into an express trust fund(described in Civil lVi IS u Code 5311 1). Said fund is identified as follows: QCT 4 - Mailed this DDaate:,�_ 10-10-03 L�,,2 PUBLIC WORKS Melinda Settles for South West Pump&Drilling,Inc. DE(IARATIOTOF SERVICE OF (AIIFORNIA PRELIMINARY DAY NOTICE In Accordance with S3097.I(c) and 3098, California Civil Code I, Melinda Settles, declare: On the 10`" day of October , Declarant served the CALIFORNIA PRELIMINARY 20-DAY NOTICE on the interested parties as follows: By placing a true copy thereof enclosed in a sealed envelope with first class registered or certified postage prepaid in the United States mail Coachella, California addressed as follows: * San Juan Basin Authority Lease Revenue Bonds, BNY Trust Co., 700 Flower St. Los Angeles, CA 90017 * Capistrano Valley Water District, 32470 Paseo Adelanto, San Juan Capistrano, CA 92675 * ECO Resources, 32234 Paseo Adelanto, Ste. D, San Juan Capistrano, CA 92675 * ARB, Inc., 26000 Commercentre Dr., Lake Forest, CA 92630 By leaving a true copy thereof at the address or place of business with some person in charge, of the parties whose names and addresses are delivered below: I declare under penalty of perjury that the foregoing is true and correct. Executed on October 10, 2003 at Coachella, California Melinda Settles for South West Pump& Drilling, Inc. Addresses for 8 New Wells • N of Mariner Dr. &Alipaz St, 120' NW of San Juan Creek(approx. 32980 Alipaz St.) • South end of Paseo Adelanto, N of Descanso Veterans Park, between San Juan Creek& Trabuco Creek(32450 Paseo Adelanto) • Tract No. 15998, Lot E - SW of Vivente de Marlita& paseo Toscana; west of San Juan Creek • South side of Paseo Toscana(78' south of center line), west of Pila Degracia South of Via Del Rey&Via Del Amo (32900 Alipaz Street) • East of Alipaz Street, SE of Camino del Avion (32800 Alipaz St., San Juan Capistrano) At the end of Paseo Tirador, on the Southeast side (approx. 31500 Tirador) • East of Alipaz St., N of Paseo Toscana, W/S/E of Del Zura Addresses for Well Abandonment • Near the end of Paseo Tirador, on the SE side • South side of Paseo Toscana,West of Pila Degracia • East of Alipaz St., SE of Camino del Avion (Well Nos. I &2) DEl Capistrano Valley Water District 32400 Paseo Adelanto San Juan Capistrano, CA 92675 1211112003 RE: NOTICE TO OWNER OR PUBLIC ENTITY To the Public Entity: We are required by the laws of this state to notify you that we are furnishing labor, services, equipment or materials of the type described on the enclosed standard form for the work of improvement known as the:Construction of Desalter Project project,located at 32470 Paseo Adelanto, San Juan Capistrano,CA 92675 Such labor,services,equipment or materials were contracted for by: ARB, INC.Job#1331119T,26000 COMMERCENTRE DR, Lake Forest,CA 92630 , who is one of the owners,general contractors or subcontractors of this project. We are further required by law to notify you at this time that if bills are not paid in full for labor, services, equipment or materials furnished, or to be furnished, the improved property may be subject to mechanic's liens or stop notices, or a notice to withhold funds may be filed where applicable. The enclosed notice is not intended to reflect in any way on the integrity or credit standing of the contractors involved in this job, but is given merely to comply with the laws of this state. However, to fully protect yourself you may consider(1)requiring your contractor to furnish a signed release from the person or firm giving you this notice before making payment to your contractor,or (2) any other method or device which is appropriate under the circumstances to guarantee payment of this debt. We appreciate the opportunity of furnishing our services for this job and we hope it is progressing to your satisfaction. Should you have any questions concerning this request,please feel free to call me personally at(909)596-6887. Thank you. Sincerely, By. Carol J. Raybould, Secretary/Treasurer Phone:(909)596-6887 Fax:(909)596-7884 Dated 12/11 0 3 for,P F Distributors, 2376 First Street, La Verne,CA 91750 Fite Nw243[CA][PUBLIC][OWNER] Customer.ARB,INC. Notice Requested by and Return To: Project:Construction of Desalter Project P&F Distributors Rec ID:14617VX00 2376 First Street Cert No.: La Verne,CA 91750 Return Receipt Requested PRELIMINARY 20-DAY NOTICE (PUBLIC WORK) California Civil Code Sections 3098, 3111, 3241 &3252 at Seq. THIS IS NOT A LIEN. THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR TO:OWNER 1.The following is a general description of OR REPUTED OWNER the labor,service,equipment or materials Capistrano Valley Water District furnished or to be furnished by the undersigned: 32400 Paseo Adelanto Poly pipe,fittings,tools,labor San Juan Capistrano,CA 92675 2. Estimated Price:$10,000.00 TO:ORIGINAL CONTRACTOR 3.The name of the person who furnished that labor,service, OR REPUTED CONTRACTOR equipment or materials is: ECO Resources P&F Distributors 32234 Paseo Adelanto Ste D 2376 First Street San Juan Capistrano, CA 92675 La Verne,CA 91750 4.The name of the person who contracted for purchase of that TO: LENDER,SURETY OR labor,service,equipment or material is: BONDING COMPANY ARB,INC. Job#1331119T 26000 COMMERCENTRE DR Lake Forest,CA 92630 5.The description of the jobsite is: Construction of Desalter Project 32470 Paseo Adelanto San Juan Capistrano,CA 92675, in the County of Orange REQUEST FOR COPY OF PAYMENT BOND AND NAME OF SURETY COMPANY TO CONTRACTING BODY:Capistrano Valley Water District or State Comptroller The undersigned claimant hereby declares that he has supplied labor or materials as described above, that payment has not yet been made therefore, and that he hereby requests that the contracting body furnish a certified copy of the Payment Bond, if any, to the claimant,at the address listed above, and the current address of the contracting public entity. VERIFICATION I declare that I am authorized to file this PRELIMINARY 20-DAY NOTICE (PUBLIC WORK) on behalf of the claimant. I have read the foregoing document and know the contents thereof;the same is true of my own knowledge. I declare under penalty of perjury that the foregoin is true and corrgCt. E ecuted at La Verne,California on 12/11/2003 for P&F DISTRIBUTORS. By: J arol J. Raybould,Secretary/Treasurer Phone:(909)596-6887 Fax:(909)596-7884 PROOF OF SERVICE BY MAIL AFFIDAVIT I, Carol J.Raybould declare that I served copies of the above PRELIMINARY 20-DAY NOTICE(PUBLIC WORK) By First Class Certified Return Receipt Requested or Registered Mail service,postage prepaid, addressed to each of the parties at the addresses shown above on 12/11/2003. 1 decl u der pe Ity of perjury that the foregoing is true and correct. By: _Carol J. Raybould Title: Executed at er , alifornia on 12/11/2003. NOTICE TO PRIME OR GENERAL CONTRACTOR THIS IS NOT A LIEN. THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR. the undersigned has entered into a contract to perform labor or furnish materials for the above-described public project, and will look to you and our sureties for payment If the person ordering such materials and labor fails to pay for them. 0 4 /C , salmi -cti 70031680000218367738 EC � o � � � 10/14/2003 OCT 1 7 2003 Capistrano Valley Water District 32400 Paseo Adelanto pUBll6 WORKS San Juan Capistrano, ca 92675 Re:Notice To Owner Or Public Entity Dear Sir or Madam, We are required by the laws of this state to notify you that we are furnishing labor,services, equipment or materials of the type described on the enclosed standard form for the work of improvement known as the:1331-119T,located at 32470 Paseo Adelanto, San Juna Capistrano,CA 92675. Such labor,services, equipment or materials were contracted for by:ARB INC LAKE FOREST CA,who is one of the owners, general contractors or subcontractors of this project. We are further required by law to notify you at this time that if bills are not paid in full for labor,services, equipment or materials furnished,or to be furnished,the improved property may be subject to mechanic's liens or stop notices, or a notice to withhold funds may be filed where applicable.The enclosed notice is not intended to reflect in any way on the integrity or credit standing of the contractors involved in this job, but is given merely to comply with the laws of this state. However,to fully protect yourself you may consider(1)requiring your contractor to furnish a signed release from the person or firm giving you this notice before making payment to your contractor,or(2)any other method or device which is appropriate under the circumstances to guarantee payment of this debt. We appreciate the opportunity of famishing our services for this job and we hope it is progressing to your satisfaction. Should you have any questions concerning this request,please feel free to call us at(949)809-0167. Thank you. Sincerely, I By. Salina Reyes,Lien Administrator For: United Rentals Northwest,Inc. 2301 Dupont Dr#400 Irvine,CA 92612 Phone: (949)809-0167 Fax: (949) 862-1110 File: 67198 (CA PB) Owner Customer: ARB INdWKE FOREST CA Notice Requested by and Return Cust #: NO thea Job# United Rentals Northwest, Inc. Job Name: 1331-119T 2301 Dupont Dr #400 Job #: 56735706705 Irvine, CA 92612 Cert #: 7003 1680 0002 1836 7738 PRELIMINARY 20—DAY NOTICE (PUBLIC WORK) THIS IS NOT A LIEN. THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR TO THE OWNER OR REPUTED OWNER 1. The following is a general description Capistrano Valley Water District of the labor,or materials furnished or to 32400 Paseo Adelanto be furnished by the undersigned: San Juan Capistrano, ca 92675 Miscellaneous, Construction s Equipment Rentals 2. Estimated Price $18,700.00 TO THE ORIGINAL OR REPUTED CONTRACTOR 3. The name of the person who furnished that ECO Resources Inc/ ECO Capistrano Valley Inc labor, service, equipment or materials is: 32234 Paseo Adelanto D United Rentals Northwest, Inc. San Juan Capistrano, CA 92675 Attn: Ms. Eve Gower 2301 Dupont Dr #400 Irvine, CA 92612 TO THE LENDER/SURETY OR REPUTED LENDER/SURETY 4. The name of the person who contracted for San Juan Basin Authority Lease Revenue Bonds purchase of that labor, service, equipment or BNY Trust Company material is: 700 South Flower Street ARB INC LAKE FOREST CA Los Angeles, ca 90017 USE FOR ALL ARB BRANCHES P 0 BOX 5166 Bond/Loan # 24015060 LAKE FOREST, CA 92630 See Exibit B for additional legal parties. 5. The description of the jobsite is: 1331-119T 32470 Paseo Adelanto San June Capistrano, CA 92675 REQUEST FOR COPY OF PAYMENT BOND AND NAME OF SURETY COMPANY TO CONTRACTING BODY: Capistrano Valley Water District The undersigned claimant hereby declares that he has supplied labor or materials as described above, that payment has not yet been made therefore, and that he hereby requests that the contracting body furnish a certified copy of the Payment Bond, if any, to the claimant, at the address listed above, and the current address of the contracting public entity. NOTICE TO PRIME OR GENERAL CONTRACTOR THIS IS NOT A LIEN. THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR. THE UNDERSIGNED HAS ENTERED INTO A CONTRACT TO PERFORM LABOR OR FURNISH MATERIALS FOR THE ABOVE-DESCRIBED PUBLIC PROJECT, AND WILL LOOK TO YOU AND YOUR SURETIES FOR PAYMENT IF THE PERSON ORDERING SUCH MATERIALS AND LABOR FAILS TO PAY FOR THEM. I declare that I am authorized to file this claim on behalf of the claimant. I have read the foregoing document and know the contents thereof; the same is true of my own knowledge. I declare under pen erjur t at the foregoing is true and correct. Executed at Simi Valley, CA on 10/1 /03 or U it d Rent 1 Northwest, Inc. . a. By: Salina Reyes, Lien Administrator PROOF OF SERVICE BY MAIL AFFIDAVIT I declare that I served a copy of the above document, and any related documents, by (as required by law) first-class, certified or registered mail, postage prepaid, addressed to the above named parties, at the add re s rlisted above, on 10/14/03. I declare under penalty of perjury that the forego is ue and c ect. Executed at Simi Valley, CA on 10/14/03. Salina Reyes, Lien Administrator 0 0 EXIBIT B - OTHER LEGAL PARTIES PROJECT: 1331-119T OTHER OWNER OTHER CONTRACTOR OTHER SURETY / LENDER Mc Gowan & Associates 1450 Grant Ave, Suite 210 Novato CA 94945 24015060 10111111111111111 Dated: 10/09/03 CA223434 7114 7389 6621 0662 4104 CALIFORNIA PRELIMINARY NOTICE In accordance with sections 3097 and 3098, California Civil Code This is not a Lien, This is not a reflection on the integrity of any contractor or subcontractor Reputed Owner 1 -You are hereby notified that 10/09/03 CA223434 HERTZ EQUIPMENT RENTAL#9647 CAPISTRANO VALLEY WATER 25831 W WRIGHT ST DISTRICT FOOTHILL RANCH CA 92610 32450 PASEO ADELANTO JWORKOSlabor, nished or will furnish labor, SAN JUAN CAPISTRANO CA f j quipment, or materials of v ng generaldescription: ��� ONSTRUCTION EQUIPMENT Reputed Construction Lender or LessaCO#CONSTRUCTION OF DESALTE mate of the total price of the PROJECT/BOND#24015060lLIBERT PUBLIices,equipment,or materials or to be furnished is: MUTUAL INS CO/505 S MAIN ST #830/ORANGE CA 92868 $5,000.00 4-The building,structure or other work of Reputed Original Contractor improvement is located at: ECO RESOURCES 146 ARB INC -ARB IN 32234 PASEO ADELANTO#D CONSTRUCTION OF DESALTER SAN JUAN CAPISTRANO CA 92675 PROJECT 32470 PASEO ADELANTO SAN JUAN CAPISTRANO CA UNKNOWN 5-The name of the person or firm who contracted A.D.C. U for the purchase of such labor,services, equipment or material is: NOTICE TO PROPERTY OWNER 6003093/ARB INC 26000 COMMERCENTRE DR IF BILLS ARE NOT PAID IN FULL FOR THE LABOR, LAKE FOREST CA 92630 SERVICES, EQUIPMENT, OR MATERIALS FURNISHED 6-Name and address of Trust Funds to which OR TO BE FURNISHED,A MECHANICS' LIEN LEADING Supplemental Fringe Benefits are payable TO THE LOSS, THROUGH COURT FORECLOSURE (if applicable): PROCEEDINGS,OF ALL OR PART OF YOUR PROPERTY BEING SO IMPROVED MAY BE PLACED AGAINST THE PROPERTY EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL. YOU MAY WISH TO PROTECT YOURSELF AGAINST THIS CONSEQUENCE BY 7 -Jobsite is Federal Public Work Title 40 USC (1) REQUIRING YOUR CONTRACTOR TO FURNISH A Sec. 270A-270E. RELEASE SIGNED BY THE PERSON OR FIRM GIVING Contract# YOU THIS NOTICE BEFORE MAKING FINAL PAYMENT Bond Co: TO YOUR CONTRACTOR OR(2)ANY OTHER METHOD OR DEVICE THAT IS APPROPRIATE UNDER THE CIRCUMSTANCES. Signed Authorized Agent Construction Notice Services,Inc. 1-600.3665660 CALIFANIA PRELIMINARY 20A NOTICE USE PROOF OF SERVICE AFFIDAVIT OF CALIFORNIA PRELIMINARY 20-DAY NOTICE ON BLUE COPY (PUBLIC AND PRIVATE WORK) IN ACCORDANCE WITH SECTION 3097 AND 3098,CALIFORNIA CIVIL CODE W CONSTRUCTION LENDER or YOU ARE HEREBY NOTIFIED THAT ... Reputed Construction Lender, if any W LL W —x.2166 W- .9PQ4$!-1'sM J +•+.......� I* p28S0 m (name and adtlress of person or firm-sender) Has furnished or will furnish labor, services, equipment or p� B114 1RUS1 CC). materials of the following general description: F SAN JUAN BASIN AUTHORITY rnrtA= r.Qv- AQgM r.anlc 2. t*rr.mc=o necv�n.lrvc 700 SO. FLOWER ST. L17S ANGELES, CA. 90017 (o.n.reld.,wip E law,. .S'eq ..mwm9.. omi��,00.wrca,n,a) O U for the building, structure or other work of improvement located at: 7 3 OWNER Or PUBLIC AGENCY 32470 ,&A-940 , 0 or Reputed Owner (on public work) (a ressor a orno to psit su den a fificafion) ILI (on private work) The name of the person or firm who contracted for the purchase of such labor, services,equipment or material: CAPISTRANO VALLEY WATER DISTRICT NOTICE TO PROPERTY OWNER 32450 PASEO ADELANPO If bills are not paid in full for the labor, services, equipment, or materials Ski JUAN CAPISTRANO, CA. 92675 furnished or to be furnished,a mechanics lien leading to the loss,through Z court foreclosure proceedings, of all or part of your property being so O improved may be placed against the property even though you have paid 0 your contractor in full. You may wish to protect yourself against this Q consequence by(1)requiring your contractor to furnish a signed release by Z Construction loan no. (if known) the person or firm giving you this notice before making payment to your 0 contractor,(2)requiring your contractor to furnish a receipt to establish that R you paid the contractor in full and recording no later than 30 days from O receipt of this preliminary notice an affidavit that you paid the contractor in Z full, or* (3) any other method or device that is appropriate under the WORIGINAL CONTRACTOR Or circumstances. W 'PLEASE NOTE:The italicized language was included in the notice by a Reputed Contractor, if any drafting error in Senate Bill 914 and may be disregarded. The person or firm giving this notice is required, pursuant to a collective > bargaining agreement,to pay supplemental fringe benefits into an express Z trust fund (described in Civil Code §3111,), said fund is identified as w � RESOURCES follows: (strike if inapplicable) 225 N. BARRANCA AVE., SM. 200 U WEST OWINA, CA. 91791 name 105 M 1921 N_ PFrm Rp $O F.T. ivONW.- f'a_ 411727 �0. (address) w (name) o (address) Y SUBCONTRACTOR Z with whom claimant has contracted (name) (address) K Mailed this date: AA fVQ W z a ARB, INC. T-TINN-A TTam -tigT FRa1YY1 A - W 26000 OOKAER'FNTRE DR. (signature) (title) W LAKE FOREST, CA. 92630-8666 An estimate of the total pnce of the labor,services,equipment or materials furnished or to be furnished is: $ WOLCOTTS FORM 15100-(price class 13E)(quintuplicate) NOV , 1 7Mry�ll�� lq�n CALIFORNIA PRELIMINARY 20-DAY NOTICE-rev.1-2000 I Y 02000 WOLCOTT$FORMS,INC. 7 67775 9251 4 CFORNIA PRELIMINARY NICE IN ACCOR CE W1T09 I I SECTIONS 3097 AND 38,CALIFOR A CIVIL CODE I HS IS NOT A LIEN,THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR DATED: 908/03 1, YOU ARE HEREBY NOTIFIED THAT NAME/ADDRESS/PHONE NO.OF: MARDEN SUSCO 1650 W LINDA VISTA DRIVE REPUTED LENDER: fL SAN MARCOS, CA, 92469 DVC C D 760 471-3640 OWNER FINANCED 2. has furnished or will furnish labor,services,equipment,or materials SEP } 9 2004 of the following general description: PiPES,'VALVES, FITTINGS& RELATED MATERIALS FOR WATER&SEWER SYSTEMS PUBLIC WORKS REPUTED OWNER: 3. For use in and contributing to the building, structure or other work SAN JUAN CAPISTi3At4C)VALLF,(WATER DA i. of improvement on the real property located au 32400 P 1 EO A,DELANdTO #1436340 CONSTRUCTION OF DESALTER PROJECT 'JAN JUAN CAPISTRANO CA 92675 INCLUDING WELLS.WATER LINE& DESALINIZATION ?d9 493-15".5 PI ANTVARIOUS WELL& PIPELINE LOCATIONS 32470 PASEO ADELANTO AN JUAN CRP!STRANO. CA 92675 REPUTED ORIGINAL CONTRACTOR: 4. An estimate of the total price of the labor, services, equipment or materials furnished or to be furnished is: ECO RESOURCES 32234 PASEO ADELANTO, SI F.D $187,500.40 SAN JUAN CAPISTRANO,CA 92675 049 218""t""714 5. The name of the person or firm who contracted for the purchase of such labor, services,equipment or material is: -#--JOINT CHECK REQUESTED •••• ARB INC.#17351 ••••NOTICE TO PROPERTY OWNER•••• ~6440 COMMERCENTRF DRIVE SAKE FOREST. CA 92630 1 f hills are not paid In full for the labor,services,equipment,or materials 949 464-7148 furnished or to he furnished,a mechanics'lien leading to the loss,through court loreclosure proceedings,of all or part of your property being so Improved 6. Bonding Company: 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 "living you this notice before making payment to your contractor or(2)any other method or desire which is appropriate under the circumstances. PROOF OF SERVICE AFFIDAVIT (SECTION 3097.1 &3098 CALIFORNIA CIVIL CODE) 1, LINH T. IRINFI declare that I served copies of the above PRELIMINARY NOTICE (check appropriate box). (a) By personally delivering copies to AT on , 20 at m f (b) By Firs( Ctass Certified or Registered Mail service, postage prepaid, addressed to each of the parties at the above address shown above on 18-Sep , 20 03 I declare under the penalty of perjury that the foregoing is true and correct. Signed at SAN MARCOS ,California, on 18-Sep 120 03 (ATTACH RECEIPTS OF CERTIFIED OR REGISTERED MAIL WHEN RETURNED) Signature of person making seryice OWNER COPY File:1186 [CA] [PRIVATE] [COSTOMER] I Customer: Modern Air Mechanical Recording Requested by and Return toil P.O. #: 13557/capo valid Western Air Systems & Controls, Inc Project: Desaher Project I Rea ID: 158ONS2JO JAN 2 0 2004 903 N. Market Blvd. Job #: Sacramento, CA 95634 Cert No. : PRELIMINARY 20-DAY NOTICE (PRIVA (California Civil Code Sections 3097, 3111, 3291 6 3252 et Seq.) THIS IS NOT A LIEN. THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR TO THE OWNER OR REPUTED OWNER 1. The following is a general description of Capistrano Valley Water District the labor,service,equipment or materials 32450 Paseo Adelanto furnished or to be furnished by the undersigned: San Juan Capistrano, CA 92675 HVAC Equipment, Parts, and Supplies 2. Estimated Price: $9,300.00 TO ORIGINAL OR REPUTED CONTRACTOR 3. The name of the person who furnished ARB Inc that labor, service, equipment or 26000 Commer Centre Or materials is: Lake Forest, CA 92630 Western Air Systems 6 Controls, Inc 903 N. Market Blvd. Sacramento, CA 95834 4. The name of the person who contracted for TO LENDER, SURETY OR BONDING CO. purchase of that labor, service, equipment BYN Trust Cc or material is: 700 S. Flower ST Modern Air Mechanical Los Angeles, CA 90017 PO Box 3017 Merced, CA 95344 5. The description of the jobsite is: Desaher Project 32450 Paseo Adelanto San Juan Capistrano, CA 92675 County of Orange NOTICE TO PROPERTY OWNER •IF BILLS ARE NOT PAID IN FULL FOR THE LABOR, SERVICES, EQUIPMENT OR MATERIALS FURNISHED OR TO BE FURNISHED, A MECHANIC'S LIEN LEADING TO THE LOSS, THROUGH COURT FORECLOSURE PROCEEDINGS, OF ALL OR PART OF YOUR PROPERTY BEING SO IMPROVED MAY BE PLACED AGAINST THE PROPERTY EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL. -YOU MAY WISH TO PROTECT YOURSELF AGAINST THIS CONSEQUENCE BY (1) REQUIRING YOUR CONTRACTOR TO FURNISH A SIGNED RELEASE BY THE PERSON OR FIRM GIVING YOU THIS NOTICE BEFORE MAKING PAYMENT TO YOUR CONTRACTOR, OR (2) ANY OTHER METHOD OR DEVICE THAT IS APPROPRIATE UNDER THE CIRCUMSTANCES. -OTHER THAN RESIDENTIAL HOMEOWNERS OF DWELLINGS CONTAINING FEWER THAN FIVE UNITS, PRIVATE PROJECT OWNERS MUST NOTIFY THE ORIGINAL CONTRACTOR AND ANY LIEN CLAIMANT WHO HAS PROVIDED THE OWNER WITH A PRELIMINARY 20-DAY NOITCE IN ACCORDANCE WITH SECTION 3097 OF THE CIVIL CODE THAT A NOTICE OF COMPLETION OR A NOTICE OF CESSATION HAS BEEN RECORDED WITHIN 10 DAYS OF ITS RECORDATION. NOTICE SHALL BE BY REGISTERED MAIL, CERTIFIED MAIL, OR FIRST CLASS MAIL, AS EVIDENCED BY A CERTIFICATE OF MAILING. FAILURE TO NOTIFY WILL EXTEND THE DEADLINES TO RECORD A LIEN. I declare that I am authorized to file this claim on behalf of the claimant. I have read the foregoing document and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed at Sacramento, California on 01/16/2004 for WESTERN AIR SYSTEMS & CONTROLS, INC. By: N Derek Mnrray,r ontroller Phone: (916) 929-6555 Fax: (916) 929-2519 PROOF OF SERVICE BY MAIL AFFIDAVIT I declare that I served a copy of the above document, and any related documents, by certified or registered mail, postage prepaid, addressed to the above named parties, at the addresses listed abov on 01/16/2004. I declare under penalty of perjury that the foregoing true and co rect. Executed at Sacramento, California On 01/16/2004. By: ` 11L Nina Crawford, Credit As V stant 0 0 Western Air Systems & Controls, Inc 903 N. Market Blvd. Sacramento, CA 95834- Phone: (916) 929-6555 Fax: (916) 929-2519 Capistrano Valley Water District 32450 Paseo Adelanto San Juan Capistrano, CA 92675 01/16/2004 RE: NOTICE TO OWNER OR PUBLIC ENTITY Dear Sir or Madam: We are required by the laws of this state to notify you that we are furnishing labor, services, equipment or materials of the type described on the enclosed standard form for the work of improvement known as the: Desaher Project project, located at 32450 Paseo Adelanto, San Juan Capistrano, CA 92675 . Such labor, services, equipment or materials were contracted for by: Modern Air Mechanical , PO Box 3017, Merced, CA 95344 , who is one of the owners, general contractors or subcontractors of this project. We are further required by law to notify you at this time that if bills are not paid in full for labor, services, equipment or materials furnished, or to be furnished, the improved property may be subject to mechanic's liens or stop notices, or a notice to withhold funds may be filed where applicable. The enclosed notice is not intended to reflect in any way on the integrity or credit standing of the contractors involved in this job, but is given merely to comply with the laws of this state. However, to fully protect yourself you may consider (1) requiring your contractor to furnish a signed release from the person or firm giving you this notice before making payment to your contractor, or (2) any other method or device which is appropriate under the circumstances to guarantee payment of this debt. We appreciate the opportunity of furnishing our services for this job and we hope it is progressing to your satisfaction. Should you have any questions concerning this request, please feel free to call me personally at (916) 929-6555. Thank you. Sincerely, By: "I Derek Murray, Controller Phone: (916) 929-6555 Fax: (916) 929-2519 CALIWRNIA PRELIMINARY N(WCE 10209925 IN ACCORDANCE WITH SECTION 3097 AND 3098, CALIFORNIA CIVIL CODE THIS IS NOT A LIEN, THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR YOU ARE HEREBY NOTIFIED THAT. . . (name of person or firm furnishing labor, services, equipment or CONSTRUCTION LENDER or material) Reputed Construction Lender, if any 1 -.', k. W., .,h r.•J t. ,.I r, E' i I . (address of person or firm furnishing labor, services, I if 'II(I, _ equipment or material) PHY I RUST (AMPNl9'i has furnished or will furnish labor, services, equipment or 7 011 '..,0 U T H F L O W E..P 'ii 1 . materials of the following general description: LOfJ I)NGE:.LES , CR `+1)0I7 itrc. i, It,.•, IIII, _tl HI ,lrnllInit[ (general description of the labor, services, equipment or material furnished or to be furnished) for the building, structure or other work of improvement located at: (address or description of job site OWNER or PUBLIC AGENCY I, 'Ii I,14 1 [1 HDELrit-IIII or Reputed Owner (on public work) sufficient for identification) (on private work) i 0 f l- I.If 111 11 , S A t I .0 1 H 11 C F1 P 1 '. I hf fl I I I The name of the person or firm who contracted for the I If II I P(11 S I I I I r i I. I , W I I T i:_I DISTRICT Purchase of such labor,services, equipment or material is: O 4Hll I'11`i E11 HD141 lift Iit HI IIIII h111f1 I_11H1 I;LII_' IIJb N JUif1 1 1411 :+ ! LIOW , t (I W An estimate of the total price of the labor, services Nequipment or materials furnished or to be furnished is: E $ R ORIGINAL CONTRACTOR or Reputed Contractor, if any Attention: Subcontractors Section 3097 requires that if you give this notice `' and you have failed to pay all compensation due Atl, ltdc • to your laborers on the job, this notice shall also 261:)0[1 CONNIERCEE CENTRE GR . contain the identity and address of any laborer O LAKE I- R1 ST , CA 92630 and any express trust fund to whom employer P payments are due. NOTICE RTY Y WNER If bills are not paid io full 1 ofl the labor, services, equipment, or materials furnished or to be furnished, a mechanic's lien leading to the loss,through court foreclosure proceedings,of all or part of your property being so improved may be placed SUBCONTRACTOR with whom claimant against the property even though you have paid your contrac- has contracted for in full. You may wish to protect yourself against this con- sequence by(1)requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor or(2)any other method or HE I N N N R N C O HT , G L.A Z IPI l; device that is appropriate under the circumstances. 4..t'i9SI VIT SH I' t RRACE D „IaI U'' Oli•I. Sill'[ E 11C[ „ Dated: i' If)kE FORLS'1 , C11 1? ?630 7 � , ignature (title) :Illi Telephone Number I-) This form(No.594C Revisad 5/17/00)©Copyrighted by and distributed through BUILDING INDUSTRY CREDITASSOCIATION(213)251-1100 File:295 [CA] [PRIVATE] [OWNER] • 1 Customer: ARB, INC. • Recording Requested by and Return to: 1 P.O. #: SOUTHWEST CONCRETE PRODUCTS Project: JOB# 1436-340/ P.O. 25151-TR Rec ID: 12YOZSDYQ 519 SOUTH BENSON AVENUE Job #: ONTARIO, CA 91762-4002 Cert No. : PRELIMINARY 20—DAY NOTICE (PRIVATE WORK) (California Civil Code Sections 3097, 3111, 323 a 3352 at Seq. THIS IS NOT A LIEN. THIS IS NOT A REFLECTION 044 TRE INTEGRITY OF ANY C0fiT*ACTOR OR SUBCONTRACtOR TO THE OWNER OR REPUTED OWNER 1. The following is a general description of CAPISTRANO VALLEY WATER DISTRICT the labor,service,equipment or materials 32400 PASEO ADSLANTO furnished or to be furnished by the undersigned: San Juan Capistrano, CA 92675 MANHOLES, FRAMES & COVERS 2. Estimated Price: $10,000.00 TO ORIGINAL OR REPUTED CONTRACTOR 3. The name of the person who furnished ECO RESOURCES that labor, service, equipment or 32234 PASEO ADELANTO STE. D materials is: San Juan Capistrano, CA 92675 SOUTHWEST CONCRETE PRODUCTS 519 SOUTH BENSON AVENUE ONTARIO, CA 91762-4002 4. The name of the person who contracted for TO LENDER, SURETY OR BONDING CO. purchase of that labor, service, equipment SAN JUAN BASIN AUTHORITY LEASE REVE or material is: BNY TRUST COMPANY ARB, INC. 700 SOUTH FLOWER ST. 26000 COMMERCENTRE DR Los Angeles, CA 90017 Lake Forest, CA 92630 5. The description of the jobsite is: JOB# 1436-340/ P.O. 25151-TR CONSTRUCTION OF DESALTER PROJECT 32470 PASEO ADELANTO San Juan Capistrano, CA NOTICE TO PROPERTY OWNER IF BILLS ARE NOT PAID IN FULL FOR THE LABOR, SERVICES, EQUIPMENT OR MATERIALS FURNISHED OR TO BE FURNISHED, A MECHANIC'S LIEN LEADING TO THE LOSS, THROUGH COURT FORECLOSURE PROCEEDINGS, OF ALL OR PART OF YOUR PROPERTY BEING SO IMPROVED MAY BE PLACED AGAINST THE PROPERTY EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL. YOU MAY WISH TO PROTECT YOURSELF AGAINST THIS CONSEQUENCE BY (1) REQUIRING YOUR CONTRACTOR TO FURNISH A SIGNED RELEASE BY THE PERSON OR FIRM GIVING YOU THIS NOTICE BEFORE MAKING PAYMENT TO YOUR CONTRACTOR, OR (2) ANY OTHER METHOD OR DEVICE THAT IS APPROPRIATE UNDER THE CIRCUMSTANCES. I declare that I am authorized to file this claim on behalf of the claimant. I have read the foregoing document and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed a ONTARIO, California on 11/14/2003 for SOUTHWEST CONCRETE PRODUCTS. By: 1/�/�/J' CRAIG R. BEATTY, VICE ESIDENT Phone: (909) 983-9789 Fax: (909) 983-4187 PROOF OF SERVICE BY MAIL AFFIDAVIT I declare that I served a copy of the above document, and any related documents, by (as required by law) first-class, certified or registered mail, postage prepaid, addressed to the above named parties, at the addresses listed above, on 11/14/2003. I declare under penalty of perjury that the foregoing is true and correct. Executed_ ate_ �n (� California on 11/14/2003. {-^� I� v �-'C APRIL J ES, (ACCOUNTS RECEIVABLE 2003 WORKS THIS IS NOT A LIEN. THIS NOTICE IVEN CALIFORNIA PURSUANT TO SECTIONS 3097 AND 3098, PRELIMINARY CALIFORNIA CIVIL CODE. THIS IS NOT NOTICE A REFLECTION ON THE INTEGRITY OF III 1111111111111 Imil ANY CONTRACTOR OR SUBCONTRACTOR. 7108 1800 8317 2770 7021 K2975 727707 Make all checks jointly payable YOU ARE HEREBY NOTIFIED THAT... VULCAN MATERIALS CO CALMAT DIV 5665 OWNER or Reputed Owner(on private work) 02 3200 SAN FERNANDO RD or PUBLIC AGENCY(on public work) LOS ANGELES CA 90065 CAPISTRANO VALLEY WATER DISTRICT 32400 PASEO ADELANTO SAN JUAN CAPISTRANO CA 92675 has furnished or will furnish labor,services,equipment or materials of the following general description: 171196 READY MIX CONCRETE,ROCK, SAND,GRAVEL,PAVING MATLS CONSTRUCTION LENDER or ASPHALT,PRODUCTS&SVCS Reputed Construction Lender,if any. for the building,structure or other work of improvement located at: NONE/BOND#24015060/BOND CO: "CONSTRUCTION OF DESALTER PROJECT" SAN JUAN BASIN AUTHORITY LEASE 32470 PASEO ADELANTO REVENUE BONDS,BNY TRUST CO SAN JUAN CAPISTRANO CA 700 S FLOWER ST SUB JOB/PO#1331119T/CRAIG LOS ANGELES CA 90017 (INCLUDES WELLS,WATER LINE& ORIGINAL CONTRACTOR or03 DESALINIZATION PLANT) Reputed Contractor,if any. 949-218-7714 F An estimate of the total price of the labor,services, ECO RESOURCES/ECO CAPISTRANO equipment or materials furnished or to be furnished is: VALLEY INC $ 11,494.00 32234 PASEO ADELANTO#D SAN JUAN CAPISTRANO CA 92675 Trust Funds to which Supplemental Fringe Benefits are payable: SUB CONTRACTOR/person or firm who contracted for the purchase of such labor,services,equipment or materials is: 949-598-9242 ARBINC 26000 COMMERCENTER DRIVE LAKE FOREST CA 92630 BY: L1)t7CYYQ Agent Dated: 11/20/2003 (Signature) (Title) 11/04/2003 R OTHER INFORMATION,Hany. NOTICE TO PROPERTY OWNER IF BILLS ARE NOT PAID IN FULL FOR THE LABOR, SERVICES, EQUIPMENT, OR MATERIALS FURNISHED OR TO BE FURNISHED,A MECHANIC'S LIEN LEADING BOND AGENT: TO THE LOSS,THROUGH COURT FORECLOSURE MCGOWAN&ASSOCS PROCEEDINGS,OF ALL OR PART OR YOUR 1450 GRANT AVE#210 PROPERTY BEING SO IMPROVED MAY BE PLACED NOVATO CA 94945 AGAINST THE PROPERTY EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL. YOU MAY WISH TO PROTECT YOURSELF AGAINST THIS NOV c CONSEQUENCE BY(1) REQUIRING YOUR CONTRACTOR TO FURNISH A SIGNED RELEASE BY THE PERSON OR FIRM GIVING YOU THIS NOTICE BEFORE MAKING PAYMENT TO YOUR CONTRACTOR OR(2)ANY OTHER METHOD OR DEVICE THAT IS APPROPRIATE UNDER THE CIRCUMSTANCES. This form prepared by CAPRENOS INC 4345 Murphy Canyon Rd Suite 200,San Diego CA 92123(800)854-2100,FAX(858)560-7626 4- 0/� 023- C-/Y CALIFORNIA PRELIMINARY NOTICE IN ACCORDANCE WITH SECTION 3097 AND 3098,CALIFORNIA CIVIL CODE THIS IS NOT A LIEN, THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR YOU ARE HEREBY NOTIFIED, POUK&STEINLF_,INC (name of person or firm furnishing labor,services equipment or material) CONSTRUCTION LENDER or reputed Construction Lender,if any P.O.BOX 3039 (address of person or firm furnishing labor,services SAN JUAN BASIN AU THORIl'Y LEASE R.FVF.NUE BNY JRf IST CO. RIVERSIDE .A.92519-3039 700 S. FLOWER STREFI (equipment or material) LOS ANGFLFS,CA.90017 Has furnished or will furnish labor,services,equipment, or materials of the following general description: OWNER OR PUBLIC AGENCY PRIVATE WORK PUBLIC WORK CONTRAC'Ts#100273 FI JRNISH&SET 25'WIDE POLE ( ml description of labor,services,equipment CAPISTRANO VALLEY WATER DISTRICT "��C 32400 PASEO ADELANTO a �. U trial furnished or to be famished SAN JEAN C_APISTRANO,CA 1 _ 5– for a buililing,structure or other work of 1 , imp vepie' located at: LI )RN ;SAN -- Af-- OCA. snma[e of a total price of the labor equipment,material or ervicesto ished ORIGINAL CONTRACTOR OR REPUTED CONTRACTOR,IF ANY The name of person or four who contracted for the purchase of such labor services,equipment or ARB INC. material. 26000 COMMERCENTRE DRIVE SEAN DROMGOOLE LAKE FOREST,CA.92630 Trust funds to which Supplemental Fringe Benefits are payable.(Material men not required to famish) SUBCONTRACTOR I.B.E.W. JOHNSON-PELTIER 12721 S.SHOEMAKER AVENUE Notice to property owner SANTE.1 E SPRINGS,CA.90670 If bills are not paid in full for the labor services,equipment or materials furnished or to be fumished,a mechanics lien leading to the loss,through court foreclosure proceedings,of all or part of your SUB-SUBCONTRACTO With whom claimant property being so improved may be placed against the property even if has r,mmacu rl you have paid your contractor in full.You may wish to protect yourself against'this consequence by requiring your contractor to famish a POUK&S FIN I E,INC. signed release by the person or firth giving you this notice before makin P.O.BOX 3039 payment to your contractor or any other method or device that is RI V ERSI DE,CA.92519-3039 appropriate under the circumstances. DATE: 05102/2005 SIGNATUREL—///1��, � TITLE:ADMINISTRATIVE ASSISTANT PHONE: (951)682-2982 License# 807306 (ND20338-00) CALIFORNIA PRELIMINARY 20-DAY NOTIC -- In accordance with sections 3097 and 3098, Ca ornia Civil Code THIS IS NOT A LIEN. THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR. You are hereby notified that Northern Digital, Inc. 4520 California Ave,Suite 200 Bakersfield,CA 93309 has furnished or will furnish labor, service, equipment or material of the following general description and an estimate of the total price thereof: ECO Capistrano Valley Desalter Proiect-.Strawberry Hill Pump Station $20,651.00 Plus Extras for building structure, or other work of improvement located at: 32470 Paseo Adelanto San Juan Capistrano, CA 92675 The name of the person or firm who contracted for the purchase of such labor, services, equipment or material furnished or to be furnished is: ARB 26000 Commercentre Dr. Lake Forest, CA 92630 ARB Job No. 1436-340 GENERAL CONTRACTOR(or reputed) LENDERISURETY (or reputed) ECO Resources San Juan Basin Authority Lease Revenue Bonds 32234 Paseo Adelanto Suite D BNY Trust Company San Juan Capistrano CA 92675 700 South Flower St. Los Angeles CA 90017 OWNER/REPUTED OWNER LEASE HOLD OWNER or TRUST FUND Capistrano Valley Water District 32400 Paseo Adelanto San Juan Capistrano CA 92675 PROOF OF SERVICE AFFIDAVIT: The undersigned served copies of this Preliminary 20-Day Notice by first class registered or certified mail postage prepaid, on the persons and at the address shown on: (Date) `J - a I - CS— I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated: 1-1 -.a 1 - '✓�;— Signature: E�,L Telephone numbers, voice and fax: 661-322-6044 661-322-1209-fax NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor, services, equipment or materials furnished or to be furnished, a mechanics lien leading to the loss, through court foreclosure proceedings, of all or part of your property being so improved may be placed against the property even though you have paid your contractor in full. You may wish to protect yourself against this consequence by (1) requiring your contractor to furnish a signed release from the person or firm giving you this notice before making payment to your contractor or (2) any other method or device that is appropriate under the circumstances. THIS STATEMENT IS APPLICABLE TO PRIVATE WORKS ONLY. BEFORE YOU USE THIS FORM,FILL IN ALL BLANKS,AND MAKE WHATEVER CHANGES ARE APPROPRIATE AND NECESSARY TO YOUR PARTICULAR TRANSACTION. CONSULT A LAWYER IF YOU DOUBT THE FORM'S FITNESS FOR YOUR PURPOSE AND USE. WWW.THECON'rRACTORSGROUP.COM MAKES NO REPRESENTATION OR WARRANTY,EXPRESS OR IMPLIED,WITH RESPECT TO THE MERCHANTABILITY OR FITNESS OF THIS FORM FOR AN INTENDED USE OR PURPOSE. PRLM-001 REV.05-02 License # 807306 (ND20339-00) CALIFORNIA PRELIMINARY 20-DAY NOTICE In accordance with sections 3097 and 3098, California Civil Code THIS IS NOT A LIEN. THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR. You are hereby notified that Northern Digital Inc. 4520 California Ave Suite 200 Bakersfield, CA 93309 has furnished or will furnish labor, service, equipment or material of the following general description and an estimate of the total price thereof: ECO Capistrano Valley Desalter Proiect-Strawberry Hill Pump Station $13,250.00 PIUS Extras for building structure, or other work of improvement located at: 32470 Paseo Adelanto San Juan Capistrano, CA 92675 The name of the person or firm who contracted for the purchase of such labor, services, equipment or material furnished or to be furnished is: ECO Resources 32234 Paseo Adelanto, Suite D San Juan Capistrano, CA 92675 GENERAL CONTRACTOR (or reputed) LENDERISURETY(or reputed) ECO Resources San Juan Basin Authority Lease Revenue Bonds 32234 Paseo Adelanto, Suite D BNY Trust Company San Juan Capistrano CA 92675 700 South Flower St. Los Angeles, CA 90017 OWNER/REPUTED OWNER LEASE HOLD OWNER or TRUST FUND Capistrano Valley Water District 32400 Paseo Adelanto San Juan Capistrano, CA 92675 PROOF OF SERVICE AFFIDAVIT: The undersigned served copies of this Preliminary 20-Day Notice by first class registered or certified mail postNe prepaid, on the persons and at the address shown on: (Date) �/ a I - V S 1 declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated: q -a - Pk;- _ Signature: — Telephone numbers, voice and fax: 661-322-6044 661-322-1209-fax NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor, services, equipment or materials furnished or to be furnished, a mechanics lien leading to the loss, through court foreclosure proceedings, of all or part of your property being so improved may be placed against the property even though you have paid your contractor in full. You may wish to protect yourself against this consequence by (1) requiring your contractor to furnish a signed release from the person or firm giving you this notice before making payment to your contractor or (2) any other method or device that is appropriate under the circumstances. THIS STATEMENT IS APPLICABLE TO PRIVATE WORKS ONLY. BEFORE YOU USE THIS FORM,FILL IN ALL BLANKS,AND MAKE WHATEVER CHANGES ARE APPROPRIATE AND NECESSARY TO YOUR PARTICULAR TRANSACTION. CONSULT A LAWYER IF YOU DOUBT THE FORM'S FITNESS FOR YOUR PURPOSE AND USE. WWW.THECONTRACTORSGROUP.COM MAKES NO REPRESENTATION OR WARRANTY,EXPRESS OR IMPLIED,WITH RESPECT TO THE MERCHANTABILITY OR FITNESS OF THIS FORM FOR AN INTENDED USE OR PURPOSE. PRLM-001 REV.05-02 CALIFORNIA PRELIMINARY NOTICE THIS IS NOT A LIEN. INWHOTICE IS GIVEN PURSUANT TO SECTIONS 3097 A&CALIF.CIVIL CODE NOTICE TO PROPERTY ER IF BILLS ARE NOT PAID IN FULL FOR THE LABOR, SERVICES, EQUIPMENT OR MATERIALS FURNISHED OR TO BE FURNISHED, A MECHANICS' LIEN LEADING TO THE LOSS, THROUGH COURT FORECLOSURE PROCEEDINGS, OF ALL OR PART OF YOUR PROPERTY BEING SO IMPROVED MAY BE PLACED AGAINST THE PROPERTY EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL. YOU MAY WISH TO PROTECT YOURSELF AGAINST THIS CONSEQUENCE BY (1) REQUIRING YOUR CONTRACTOR TO FURNISH A SIGNED RELEASE BY THE PERSON OR FIRM GIVING YOU THIS NOTICE BEFORE MAKING PAYMENT TO YOUR CONTRACTOR OR(2)ANY OTHER METHOD OR DEVICE THAT IS APPROPRIATE UNDER THE CIRCUMSTANCES. OTHER THAN RESIDENTIAL HOMEOWNERS OF DWELLINGS CONTAINING FEWER THAN FIVE UNITS, PRIVATE PROJECT OWNERS MUST NOTIFY THE ORIGINAL CONTRACTOR AND ANY LIEN CLAIMANT WHO HAS PROVIDED THE OWNER WITH A PRELIMINARY 20-DAY LIEN NOTICE IN ACCORDANCE WITH SECTION 3097 OF THE CIVIL CODE THAT A NOTICE OF COMPLETION OR NOTICE OF CESSATION HAS BEEN RECORDED WITHIN 10 DAYS OF ITS RECORDATION. NOTICE SHALL BE BY REGISTERED MAIL, CERTIFIED MAIL, OR FIRST-CLASS MAIL, EVIDENCED BY A CERTIFICATE OF MAILING. FAILURE TO NOTIFY WILL EXTEND THE DEADLINES TO RECORD A LIEN. THIS STATEMENT IS APPLICABLE TO PRIVATE WORKS ONLY) YOU ARE HEREBY NOTIFIED: THE NAME AND ADDRESS OF THE PERSON OR FIRM WHO HAS FURNISHED OR WILL FURNISH DATE: APRIL 18, 2005 LABOR SERVICE,EQUIPMENT OR MATERIAL OF THE FOLLOWING DESCRIPTION IS: r�PL' ` JOHNSON–PELTIER ELECTRIC STRAWBERRY HILL – PUMP STATION ,,.,5.=„', INAMuI IpE$CRImYJNKAMTEaViS,IABJR,SERNCE40R E91ee4:em FUNM5BE0 OR TOM FURNISNEeI 12021 S. SHOEMAKER AVE. SANTA FE SPRIN S, CA 90670 ( AT (ZIP) //LC 31261 EL HORNO STREET U, + (SIG 1 E) Dib bbb (ADDRESS Of BUILDING,STRUCTURE.WORK Of IMPROVEMENT) SAN JUAN CAPISTRANO C (TITLE) (DATE) (am (STATE) (ZIP) THE NAME OF THE PERSON WHO CONTRACTED FOR THE PURCHASE OF(PRIVATE WORKS)OR WHO WILL BE FURNISHED(PUBLIC WORKS) SUCH LABOR,SERVICE,EQUIPMENT OR MATERIAL IS LEASE HOLD OWNERAPPS)(TENANT IMPROVEMENT) ' CAPISTRANO VELLEY WATER DISTRICT OR TRUST FUND QF LICABLE) �r t' 32400 PASEO ADELANTO IN—) N.E.C.A. I, Y. -Y SAN JUAN CAPISTRANO, CA 92675 (A )401 SHATTO PL. , LOS ANGELES (Name) ARB, INC. (Address) 26000 COMMERCENTRE DRIVE (Name) , LAKE FOREST, CA 92630 .; (Ad ) SAN JUAN BASIN AUTHORITY,LEASE REVENUE ESTIMATED PRICE OF THE LABOR,SERVICES,EQUIPMENT OR BNY TRUST COMPANY / 700 S. FLOWER ST. MATERIALS DESCRIBED HEREON. ). LOS ANGELES, CA 90017 PROOF OF SERVICE AFFIDAVIT (SECTION 3097.1 CALIFORNIA CML CODE) 1,KAREN S TRUTMAN ,declare that I served copies of the above PRELIMINARY NOTICE(d”**Ornate box). a. ❑X By Personal Service on to at WWWim-e smme s and Weis) Pe,son served) T+ns� b. ❑ By First-Class Certified or Registered Mail service,addressed to each of the parties at the address shown above on I declare under penalty of p("jury that the foregoing is true and correct. Signedat 12021 S. SHOEMAKER AVE. SANTA FE SPRINGS ,California,on APRIL 18 2005 a e ATTACH RECEIPTS OF CERTIFIED OR REGISTERED MAIL WHEN RETURNED FII out form and make Spies o}completed form as needed q un ar pwson m. np semrs ReAsed 01-2004 0VFR,Inc.,P.O.Box T Loomis,CA 95650(916)652-7237 FORM A J+-a� ; 7 .. 7 Y '�1••� 7'.1+.7• w, a c-. ..x 'i: I♦'' 7 � ���F{ L �y n � x '�'T�.�'O � ��.+..�i rel �. 1 � �� to v � ��� x t'� +r to� � ��a r J S i J, .'".:., Kty -,•rr'"a1,1(�x" .•'- .c r ;yG •`� . ��V! 7n`,icr.:.•3 '' 'Lx `";4 >,'.f}1�S^�f,.>TJr +° �•J7" 1.. a.J '� T'� .r!t� ia '+tz Ir r `fr it}s ! # r ,.* GC.qi i.�J •✓ ,a {f-Fs•L� `�—"r�TSaC��,T �ty✓<y�%L�1Y t�`t {t' `rtMa. ) lr'� �`- ri` �'w ;a.; 'S)v ^^' ahx ,.... a� F�.� aL x� lML rLrr"'a'• +CIMa�.w{rt ' ; `,, '- �"[y', �'+"T" ,},,{.,,^�-'J.,.i�,ri rim i` •L r "f!l,L�« aLL �.' '+` ' ,l'r �a v� ,+r� x �c�5"�? I i'L � �F+.•+4 ° �' [- r t". rY� r t� r , ; ^� r •^ ' S{ •aL'�{��` ay��x,..K �, yLS•!-ti.; �a�fi K��x� rr� � _�' �' n •L, aLw l=ax ,.,.r.+;,V:/. T. a 'K'�.`i•a. 4t �A?�i�� .L � r ' ..+ aLS(�.'t �ayL'.�-x. w ♦ xi ��-h+rirr{L'��57�ri. ; ry.a:�i ir riy.r.3 �y.,t•j� �r1 �-'�jxt''' +Z� t 1: f�:7 r'? � L. � rt'•_ Lx' Y�G�`(t-y?�--w,r��},`rLw{�x.. KNr+a {,crs3. *rt4�+fir }r { • } ;A','j,'1Cv,�, �' y��.�}��°T(y'��� } v '174`".'-1 r"' "" 1 J' ~ �'r ir' r..'l . �. a t fir. ���"�1t.1�•� `1 .a�� .„rpt „n.r✓1{f'�. .. K} +,+-s _�K! all�f "• ct 1�' ° ' >„t�?3+1' f �'+ { y,d 'A v�+ rL{� .� a K'l`. r �` x � a-i ; 1 ;1 Js l`L � .i✓., S 1 �! ..�� } V—y1�aY # }r�7rrF4 > f -.��a* _ Sr iw _� {r� .��tx j' _`�`'J •�~_,�;;.��i[� -.�-s. �c iS�c. { `_f� � ar.,�ti .S,�X"T�.w ,- Associated Ready Mix s4P03r 4621 Teller Ave Ste 1 oyP Newport Beach, CA 9266 A. ! ,s � v®r rrrucv eowis - 0004334922 04-42 MAILED FROM ZIP CODE 9 22 6( D 7100 6309 2640 3553 7599 RETURN RECEIPT REQUESTED D Z D_ z Z n 0 n LENDER/SURETY #Irxr SAN JUAN BASIN AUTHORITY BONDN24018060 700 SOUTH FLOWER ST 90017 0 Q W (Q aW OV5 a > > gZW U Z ago >ixCC is Lu 13 oa ** JOB STATUS REPORT• AS OF APR 24W05 09: 05 PAGE. 01 I • BANK OF NY TRUST CO JOB #969 DATE TIME TO/FROM MODE MIN/SEC PGS STATUS 001 4/27 09:03 919494931053 EC--S 00" 40" 003 OK Bank of New York Trust Company, N.A. 700 South Flower Street, Suite 500,Los Angeles, CA. 90017 Tel 213 630-6240 Fax 213 630.6215 ftuzon ankofny.com Date: April 27, 2005 Number of Pages 5� U Ju Including Cover Sheet: 3 It ��- r W, From: Fe R.Tuzon qq J 1 1 �� Regarding: Invoices Please Deliver this fax to: Name Company Fax Number Cind Russell San Juan Ca istrano 949-493-1053 Comments: Cindy, Attached, please find 2 invoices received yesterday, 4/26105 via Certified Mail No. 7003 2260 0004 1187 6430. Please check into these and send me required requisitions. Thank you. ti License# 807306 (ND20338-00) CALIFORNIA PRELIMINARY 20-DAY NOTICE puau0 WORKS In accordance with sections 3097 and 3098, California Civil Code THIS IS NOT A LIEN. THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR. You are hereby notified that Northern Digital,Inc. 4520 California Ave,Suite 200 Bakersfield,CA 93309 has furnished or will furnish labor, service, equipment or material of the following general description and an estimate of the total price thereof: ECO Capistrano Valley Desalter Proiect-Strawberry Hill Pump Station $20,651.00 Plus Extras for building structure, or other work of improvement located at: 32470 Paseo Adelanto San Juan Capistrano, CA 92675 The name of the person or firm who contracted for the purchase of such labor, services, equipment or material furnished or to be furnished is: ARB 26000 Commercentre Dr. Lake Forest,CA 92630 ARB Job No. 1436-340 GENERAL CONTRACTOR (or reputed) LENDER/SURETY(or reputed) ECO Resources San Juan Basin Authority Lease Revenue Bonds 32234 Paseo Adelanto Suite D BNY Trust Company San Juan Capistrano CA 92675 700 South Flower St. Los Angeles, CA 90017 OWNERIREPUTED OWNER LEASE HOLD OWNER or TRUST FUND Capistrano Valley Water District 32400 Paseo Adelanto San Juan Capistrano CA 92675 PROOF OF SERVICE AFFIDAVIT: The undersigned served copies of this Preliminary 20-Day Notice by first class registered or certified mail postage prepaid, on the persons and at the address shown on: (Date) `-/ - �), I - (2_�— I declare under penalty of perjury under the laws of the State of California that the foregoing . true and correct. 44 Dated: � -,� 1 - '0S Signature: Telephone numbers, voice and fax: 661-322-6044 661-322-1209 -fax NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor, services, equipment or materials furnished or to be furnished, a mechanics lien leading to the loss, through court foreclosure proceedings, of all or part of your property being so improved may be placed against the property even though you have paid your contractor in full. You may wish to protect yourself against this consequence by (1) requiring your contractor to furnish a signed release from the person or firm giving you this notice before making payment to your contractor or(2) any other method or device that is appropriate under the circumstances. THIS STATEMENT IS APPLICABLE TO PRIVATE WORKS ` ONLY. BEFORE YOU USE THIS FORM,FILL IN ALL BLANKS,AND MAKE WHATEVER CHANGES ARE APPROPRIATE AND NECESSARY TO YOUR PARTICULAR TRANSACTION. CONSULT A LAWYER IF YOU DOUBT THE FORM'S FITNESS FOR YOUR PURPOSE AND USE. W WW.THECONTRACTORSGROUP.COM MAKES NO REPRESENTATION OR WARRANTY,EXPRESS OR IMPLIED,WITH RESPECT TO THE MERCHANTABILITY OR FITNESS OF THIS FORM FOR AN INTENDED USE OR PURPOSE. PRLM-001 REV.05-02 License# 807306 (ND20339-00) CALIFORNIA PRELIMINARY 20-DAY NOTICE In accordance with sections 3097 and 3098, California Civil Code THIS IS NOT A LIEN. THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR. You are hereby notified that Northern Digital Inc. 4520 California Ave Suite 200 Bakersfield CA 93309 has furnished or will furnish labor, service, equipment or material of the following general description and an estimate of the total price thereof: ECO Capistrano Valley Desalter Project-Strawberry Hill Pump Station $13,250.00 Plus Extras for building structure, or other work of improvement located at: 32470 Paseo Adelanto San Juan Capistrano,CA 92675 The name of the person or firm who contracted for the purchase of such labor, services, equipment or material furnished or to be furnished is: ECO Resources 32234 Paseo Adeento, Suite D San Juan Capistrano, CA 92675 GENERAL CONTRACTOR (or reputed) LENDER/SURETY(or reputed) ECO Resources San Juan Basin Authority Lease Revenue Bonds 32234 Paseo Adelanto Suite D BNY Trust Company San Juan Capistrano CA 92675 700 South Flower St. Los Angeles CA 90017 OWNERIREPUTED OWNER LEASE HOLD OWNER or TRUST FUND Capistrano Valley Water District 32400 Paseo Adelanto San Juan Capistrano CA 92675 PROOF OF SERVICE AFFIDAVIT: The undersigned served copies of this Preliminary 20-Day Notice by first class registered or certified mail posts a prepaid, on the persons and at the address shown on: (Date) �/ - a I - V_�- I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated; `/ -a - 0 S Signature: �h ,�/�-7 z..- Telephone numbers, voice and fax: 661-322-6044 661-322-1209-fax NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor, services, equipment or materials furnished or to be furnished, a mechanics lien leading to the loss, through court foreclosure proceedings, of all or part of your property being so improved may be placed against the property even though you have paid your contractor in full. You may wish to protect yourself against this consequence by (1) requiring your contractor to furnish a signed release from the person or firm giving you this notice before making payment to your contractor or (2) any other method or device that is appropriate under the circumstances. THIS STATEMENT IS APPLICABLE TO PRIVATE WORKS ONLY N V vnlL�. BEFORE YOU USE THIS FORM,FILL IN ALL BLANKS,AND MAKE WHATEVER CHANGES ARE APPROPRIATE AND NECESSARY TO YOUR PARTICULAR TRANSACTION. CONSULT A LAWYER IF YOU DOUBT THE FORM'S FITNESS FOR YOUR PURPOSE AND USE. WWW.THECONTRACTORSGROUP.COM MAKES NO REPRESENTATION OR WARRANTY,EXPRESS OR IMPLIED,WITH RESPECT TO THE MERCHANTABILITY OR FITNESS OF THIS FORM FOR AN INTENDED USE OR PURPOSE. PRLM-001 REV.05-02 I� ,,XPTIFIED M/,11111 CALF; IA PRELIAIJNARY NOTICE In accordance with ections 3097 and 3098, California Civil Code THIS IS NOT A y100 6309 2640 3553 7575 LIEN. This is NOT a reflection on the integrity of any contractor or subcontractor. s t I You are hereby notified that has furnished or will furnish labor,service,equipment or material of the following g general description: for building structure, or other work of improvement located at I 14',r:I -,. .- -- . . --.� The name of the person or firm who contracted for the purchase of such labor, services, equipment or:material furnished is tO 4 An estimate of the total price_of the labor, services, equipment or material is ••v I�,_ IERct 'It';J-CfArTiaSi a+ ' r - NOTICE TO PROPERTY OWNER o l' Y F 4!)i IOC If bills are not paid in full for the if services,equipment,or materials furnished or to 8 be furnished,a mechanics lien leading to the loss,through court foreclosure proceedings. 2 I of all or part of your property befog so improved may be placed against the property even m though you have paid your contractor in full.You may wlsh to protxt yourself against y tt.'�Ilt) thisconsequence by(llreguuing your contractor to lurnisha signed release byy the person v ,r i IVl �..a i 'c: t or firm giwrrg you t nonce before makiry payment to your contractor,or(P)any oMer meMod or dance that is aDDr1"ate under the nrcumstances. Other than res,dennel homeowners of dwNlings coma' g fewer than live units,private pprojen owners must a notify the origganal contraMor and any lien claimant who has provided the owner with a N " n I f-NVE I",.:URt:T !" '�**' preliminary 20.day lien notice i..accordance with Section 3097 of the Civil Code Thal a notice of completion or notice of cessation has been recorded within 10 days of its t'J i.1.)R 1 I `r recordation.Notice shall be by reg a red mail,certNied mail.ordildyctas;ffifoJ,evl flCled - old ,Jl:'=tf! i,.',d!N 1., by a certificate of mailing.Failure to notify will extend the deadlines to record alien. s 9vt 6CI 't r '.T ,..a> Iii!..-- :i•l4.:F: y. vt rtc Itrhat_ s I. `,1 OW&I-: a> ::Ifitr 1tA- i'Hf'; -,Ifcr,,Jt, :.t olt+i L.h u! 11tFI"wla-.r4�vl nlLb7t^ UIF,c K(aaVlr.fi: i."!;, 7, V GS P' Lk.", - r•'dTii M POSTMAN DELIVER THIS ENVELOPE TO ADDRESS ON REVERSE SIDE m CALIFORNIA PRELIMINARY NOTICE THIS IS NOT A LIEN. T TICE IS GIVEN PURSUANT TO SECTIONS 3097 AND CALIF.CIVIL CODE N PROPERTY OWNER IF BILLS ARE NOT PAID IN FULL FOR THE LABOR, SERVICES, EQUIPMENT OR MATERIALS FURNISHED OR TO BE FURNISHED, A MECHANICS' LIEN LEADING TO THE LOSS, THROUGH COURT FORECLOSURE PROCEEDINGS, OF ALL OR PART OF YOUR PROPERTY BEING SO IMPROVED MAY BE PLACED AGAINST THE PROPERTY EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL. YOU MAY WISH TO PROTECT YOURSELF AGAINST THIS CONSEQUENCE BY (1) REQUIRING YOUR CONTRACTOR TO FURNISH A SIGNED RELEASE BY THE PERSON OR FIRM GIVING YOU THIS NOTICE BEFORE MAKING PAYMENT TO YOUR CONTRACTOR OR(2)ANY OTHER METHOD OR DEVICE THAT IS APPROPRIATE UNDER THE CIRCUMSTANCES. OTHER THAN RESIDENTIAL HOMEOWNERS OF DWELLINGS CONTAINING FEWER THAN FIVE UNITS, PRIVATE PROJECT OWNERS MUST NOTIFY THE ORIGINAL CONTRACTOR AND ANY LIEN CLAIMANT WHO HAS PROVIDED THE OWNER WITH A PRELIMINARY 20-DAY LIEN NOTICE IN ACCORDANCE WITH SECTION 3097 OF THE CIVIL CODE THAT A NOTICE OF COMPLETION OR NOTICE OF CESSATION HAS BEEN RECORDED WITHIN 10 DAYS OF ITS RECORDATION. NOTICE SHALL BE BY REGISTERED MAIL, CERTIFIED MAIL, OR FIRST-CLASS MAIL, EVIDENCED BY A CERTIFICATE OF MAILING. FAILURE TO NOTIFY WILL EXTEND THE DEADLINES TO RECORD A LIEN. HIS STATEMENT IS APPLICABLE TO PRIVATE WORKS ONLY) YOU ARE HEREBY NOTIFIED: THE NAME AND ADDRESS OF THE PERSON OR FIRM WHO HAS FURNISHED OR WILL FURNISH DATE: APRIL 18, 2005 LABOR,SERVICE,EQUIPMENT OR MATERIAL OF THE FOLLOWING DESCRIPTION IS: c r. JOHNSON—PELTIER ELECTRIC STRAWBERRY HILL — PUMP STATION �`._u,._w-'-�.. lN4ME) IpFSCRIRpNOFIMTERNL$,UeCR,SERWCFSOR EgI1MENr FIMNISNED ORTOBEr11RNWlEe1 „a 12021 S. SHOEMAKER AVE. I (ADDRESS) SANTA FE SPRINGS, CA 90670 (ZIP) BY 31261 EL HORNO STREET SIG hE K1T'I–HIIDR � �I ) (ADDRESS OF BUILDING,STRUCTURE,WORK OF IM'ROVEMEM) SAN JUAN CAPISTRANO (TITLE) (DATE) l (STATE) (ZIP) THE NAME OF THE PERSON WHO CONTRACTED FOR THE PURCHASE OF(PRIVATE WORKS)OR WHO WILL BE FURNISHED(PUBLIC WORKS) SUCH LABOR,SERVICE,EQUIPMENT OR MATERIAL IS LEASE HOLD OWNERS)(TENANT IMPROVEMENT) CAPISTRANO VELLEY WATER DISTRICT OR TRUST FUND(IF APPLICABLE) 32400 PASEO ADELANTO (N ) N-E.C.A. p 31.yL�, t SAN JUAN CAPISTRANO, CA 92675 (Aad—)401 SHATTO PL. , LOS ANGELES (Name) ARB, INC. 26000 COMMERCENTRE DRIVE LAKE FOREST, CA 92630 (ABdesc) .. SAN JUAN BASIN AUTHORITY,LEASE REVENUE ESTIMATED PRICE OF THE LABOR,SERVICES,EQUIPMENT OR BNY TRUST COMPANY / 700 S. FLOWER ST. MATERIALS DESCRIBED HEREON. LOS ANGELES, CA 90017 PROOF OF SERVICE AFFIDAVIT (SECTION 3097.1 CALIFORNUI CML CODE) I,KAREN STRUTMAN ,declare that I served copies of the above PRELIMINARY NOTICE(dLeckwopnate boy): e. X By Personal Service on to at names Wets) person sery rKMM b. ❑ By First-Class Certified or Td , f parties at the address shown above on I declare under penalty of perjuryithat�T f go is 0Ee eSignedat 12021 S. SHE E RINGS ,Ca)ifomia,onAPRIL 18 2005 ATTACH RECEIPTS OF CERTIFI LC OWREGISTERED MAIL WHEN RET RNED 7-", Fill out form and make copies of oom feted form es needed parson eervKe'� PUBLIC WORKS RftImKI 01-2101 .-__DNF . . 7,Lo m,CA 95650(916)662-7237 FORMA 0 0 CALIFORNIA PRELIMINARY NOTICE 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. NOTICE IS HEREBY GIVEN that: OWNER OR REPI TIED OWNER OR PI 1BLIC AGEISCY ROBERTSON ' S CAPISTRANO VLY WATER DIST 200 S MAIN ST, SUITE 200 32400 PASEO ADELANTO CORONA CA 92878 SAN JUAN CAPISTCAN92675 (909) 685-2200 Has or will Furnish labor,services,equipment,or materials,generally described as: LENDER OR REPUTED ND .R READY MIX CONCRETE, ROCK & SAND To be furnished or furnished for the building,structure or the work of improvement described as follows: 31261 EL HORNO ST J . C . N. # 050330 ORIGINAL OR REPUTED ORIGINAL CONTRACTOR Tract No . JOB#1436340 Lot NO . PO#25824JZ ECO RESOURCES Cert Num: 21.189527 32234 PASEO ADELANTO STE#D SAN JUAN CAPST CA 92675 Name of Person or Firm who contracted for purchase of the labor,services, equipment,or materials is: ARE INC . SUBCONTRACTOR with whom claimant has contracted P . O . BOX 5166 LAKE FOREST CA 92630 An estimate of the total price of said labor,services,equipment or materials is: 5 , 116 . 60 TENANTALSO NOTIFIED OR BONDING AGENT ***NOTICE TO PROPERTY OWNER*** IF BILLS ARE NOT PAID IN FULL FOR THE LABOR SERVICES EQUIPMENT OR MATERIALS FURNISHED 09 TO BE FURNISHED A MLCHANIC'S LIEN LEADING TO THE LOSS, THROUGH L'OURT FORECLOSURE PROCEEDINGS OF ALL OR PART OF YOUR PROPERTY BEING SU 2 IMPROVED MAY BE PLACED AGAINST THE PROPERTY LS EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL. YOU MAY WISH TO PROTECT YOURSELF AGAINST THIS CONSEQUENCE BY (7) REQUIRING YOUR CONTRACTOR TO FURNISH A SIGNED RELEASE BY THE PERSON OR FIRM GIVING YOU THIS NOTICE BEFORE APR 2 MAKING PAYMENT TO YOUR CONTRACTOR OR (2) ANY OTHER METHOD OR DEVICE THAT IS APPROPRIATE UNDER THE CIRCUMSTANCES.OTHER THAN RESIDENTIAL HOMEOWNETHAN FIVE UNITS�PRIVA EELLINGS PROJECT WNERS MUSTCONTAININGENOTIFY fL� THE ORGIN/IL CONTRACTOR AN ANY LIEN CLAIMANT WHO HAS PROVIDED THE OWNER WITH A PRELIMINARY 20• DAY LIEN NOTICE IN ACCORDANCE WITH SECTION 3097 OF THE CIVIL CODE THAT A NOTICE OF COMPLETION OR NOTICE OF CESSATION HAS BEEN RECORDED WITHIN 70 DAYS OF ITS RECORDATION. NOTICE SHALL BE BY REGISTERED MAIL CERTIFIED MAIL, OR FIRST-CLASS TRUST FUNDS TO WHICH SUPPLEMENTAL FRINGE BENEFITS ARE PAYABLE MAIL, EVIDENCE iR CERTIFICATE OF MAILING. FAILURE TO NOTIFY WILL EXTEND THE DEALINES TO RECORD A LIEN. DATED : 04/19/2005 BY : MICHELE CASON *****PLEASE ISSUE JOINT CHECKS***** BY ROBERTSON'S ,".ra"fi 1. :"i J,(J n PO. BOX 3600 CORONA, CA 92878-3600 t 021A02.670 0004 AR MAIL FROM ZIP CODE 928P� 71 8552 II 3 iii IMPORTANT: CALIFORNIA PRELIMINARY NOTICE I ;;Tt-111 C 4t,1 -ST J() SF'.r. JU CAF - �T 92675 12 @ �6G13 4r2 'I I III IIIIIIIIIIIIIIIII III IIIUII iI II11 I1111'II1/I 5801.0 050330 st3` - It S&J Supply Company Inc 13105 Florence Ave. r Santa Fee Springs,CA 90670 7100 63119 2640 27[15 9943 RETURN RECEIPT REQUESTED CAPISTRANO VALLEY WATER DISTRICT 32400 PASEO ADELANTO SAN JUAN CAPISTRANO,CA 92675 326T'S 436tS3 ez PRELIMINARY 20—DAY NOTICE (PRIVATE WORK ) (Califorroa Chil Code Sections 3097,3111,3241 3252 et Seq.) *#***GENERAL CONTRACTOR***** *****LENDER/SURETY••*** Minden Bunuch Construction P.O.BOX 4400 8823 FENWICK STREET SUNLAND,CA 91040 *****CUSTOMER***** *****OWNER/REPUTED OWNER***** Mladen Bunuch Construction CAPISTRANO VALLEY WATER DISTRICT P.O.BOX 4400 32400 PASEO ADELANTO 8823 FENWICK STREET SAN JUAN CAPISTRANO,CA 92675 SUNLAND,CA 91040 •You are hereby notified that S&I Supply Company Inc has furnished or will famish labor,service,equipment or material of the following general description:Pipe,Valves&Fittings etc lb-the building structure or other work of improvement known as SC-04 Terminal Pipeline La Pata Ave&Ortega Highway project,located at,San Juan Capistrano,CA. •The name of the person or firm who contracted for the p,ucbmse of sueh labor, services, or material is Mladen Bunuch Construction P.o.Box 4400,8823 Fenwick Strut,Sunland,Ca 91040. -An estimate of the total price of the labor,services.,equipment or material is$415,000.00. NOTICE TO PROPERTY OWNER ----If bills are not paid in full for the labor,services,equipment or materials furnished or to be furnished, a mechanic's - - - lienleading to the loss,through court foreclosure proceedings,of all or part of your property being so improved may be placed against the property even though you have paid your contractor in full.You may wish to protect yourself against this consequence by(1)requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor,or(2)any other method or device that is appropriate under the circumstances. Prepared for S&I Supply Company Inc, 13105 Florence Ave.,Sannl Fe Springs,CA 90670. RIT Ar Date Prepared: 10/03/2002 ADMINISTRATIVE ASSISTANT Telephone:(562)944-7433 IN g CaFjn&Fmd:W.M . Aa Rimm Rwm,ed (916)36481(6. Fame Cgryrig ht P<lae]Nadfald Fame. Aa Rightlte (M)42 767 SERVICE CONTRACT FOR THE DESIGN, CONSTRUCTION, FINANCING AND OPERATION OF THE SAN JUAN BASIN DESALTER PROJECT between CAPISTRANO VALLEY WATER DISTRICT,ORANGE COUNTY,CALIFORNIA and ECO RESOURCES, INC. Dated September 3, 2002 RECORD OF PROCEEDINGS RELATING TO THE CONSTRUCTION DATE Document Number Description of Documents 1. Certificate of the Capistrano Valley Water District as to Development Period Responsibilities 2. Certificate of ECO Resources, Inc. as to Development Period Responsibilities 3. Closing Certificate of Southwest Water Company 4. Construction Performance Bond 5. Payment Bond 6. Letter of Credit 7. Certificates of Required Construction Period Insurance 8. Audited Financial Statements of the Guarantor 410307.5 022806 CLD 9. Joint Acknowledgment of Acceptance of Certain Construction Date Conditions and Other Related Matters 10. Contract Administration Memorandum No. SC 2002-1 11. Contract Administration Memorandum No. SC 2002-2 12. Contract Administration Memorandum No. SC 2002-3 13. Contract Administration Memorandum No. SC 2002-4 14. Contract Administration Memorandum No. SC 2002-5 2 410307.5 022806 CLD Document No. 1 CERTIFICATE OF THE CAPISTRANO VALLEY WATER DISTRICT AS TO DEVELOPMENT PERIOD RESPONSIBILITIES Pursuant to subsection 4.3(7) of the Service Contract for the Design, Construction, Financing and Operation of the San Juan Basin Desalter Project between the Capistrano Valley Water District, Orange County, California (the "District'), and tCO Resources, Inc., a Texas corporation (the "Company"), dated September 3, 2002 the "Service Contract'; capitalized terms used but not defined herein are as defined in the Service Contract), the undersigned, George Scarborough, in his capacity as District Manager, being familiar with the provisions of the Service Contract, hereby certifies to the Company on behalf of the District that, on the basis of information reasonably available to him: The representations of the District set forth in Section 2.1 of the Service Contract, as modified by that certain Contract Administration Memorandum No. SC 2002-2 dated January 7, 2003, are true and correct in all material respects as of the date hereof as if made on and as of such date. IN WITNESS WHEREOF, the undersigned has caused this Certificate to be executed as of the 7`h day of January, 2003. T PIST NO VALLEY WATER DISTRICT Borg orough District nager 410307.5 022806 CLD Document No. 2 CERTIFICATE OF ECO RESOURCES,INC. AS TO DEVELOPMENT PERIOD RESPONSIBILITIES Pursuant to subsections 4.2(A)(17) and 4.2(A)(21) of the Service Contract for the Design, Construction, Financing and Operation of the San Juan Basin Desalter Project between the Capistrano Valley Water District, Orange County, California (the "District'), and ECO Resources, Inc., a Texas corporation (the "Company"), dated September 3, 2002 (the "Service Contract; capitalized terms used but not defined herein are as defined in the Service Cortract), the undersigned, an authorized officer of the Company, being familiar with the provisions of the Service Contract, hereby certifies to the District that, on the basis of information reasonably available to him: 1. As of the date hereof, the Company is in substantial compliance with all laws, regulations, rules and orders applicable to its business, noncompliance with which would have a material and adverse effect upon its business or its ability to perform its obligations under the Service Contract. 2. Except as disclosed in the Official Statement relating to the Bonds, the representations of the Company set forth in Section 2.2 of the Service Contract are true and correct in all material respects as of the date hereof as if made on and as of such date. IN WITNESS WHEREOF, the undersigned has caused this Certificate to be executed as of the 7�1`day of . ECO RES URCES INC. By: L� Authorized €ficer 410307.4 022806 CLD Document No. 3 CLOSING CERTIFICATE OF SOUTHWEST WATER COMPANY Pursuant to subsections 4.2(A)(18) and 4.2(A)(21)of the Service Contract for the Design, Construction, Financing and Operation of the San Juan Basin Desalter Project between the Capistrano Valley Water District, Orange County, California (the "District'), and ECO Resources, Inc., a Texas corporation(the "Company"), dated September 3, 2002 (the"Service Contract; capitalized terms used but not defined herein are as defined in the Service Contract), and in connection with the related Service Contract Guaranty Agreement from Southwest Water Company to the District dated September 3,2002, the undersigned, Anton G. Garnier, in his capacity as President of Southwest Water Company,being familiar with the provisions of the Service Contract and the Service Contract Guaranty Agreement, hereby certifies to the District that,on the basis of information reasonably available to him: 1. The Service Contract Guaranty Agreement is and remains in fiill force and effect. 2. Except as disclosed in the Official Statement relating to the Bonds, the representations and warranties of Southwest Water Company set forth in Section 2.1 of the Service Contract Guaranty Agreement are true and correct in all material respects as of the Construction Date. IN WITNESS WHEREOF,the undersigned has caused to be executed this certificate to be executed as of the2-f-4 day of Qom, 0�t,37. SOUT ST W ER COMPANY BY: L/(� An G. G)irmer Pre 410307.4 022806 CLD 0.1/07/03 18:5d PAZ 949 595 554d ARB. INC. �-- — --' a 3114 nr Ry: M.B. MDUetn 6 A.5ociakes; 4158921nA9; Jan-7-0.3 4:10f`M; PP9 d Mbmee111 SwM.`A. M4 IslsrwrneeMwew�r �1 MDM App"D ADDrMONAL MUM OrAwrMbeepochal4oriabeamaNKoha1.0 '� 24016080 _ o pains 3rd_ dryer .anuaryuu�_ OerAIG by I.MIN IAWW Party. a W.eeellueslle mWnl MMVMae rilrlpamy,ne wsew("w'M"A'en Mhe/e/ . Ah1B. Inc. .oe phroYrr tti'�Prkraprl. M Maar of q tGU ItasouMBS, Inc. wbbae QOra ablbea7 WrnH �tpool�l b"by WNWzMaim Ipee lwr00 481+81. Gan Juan Basin DOeaftor Protect WiWW&WMI m segwt ayMa Prhdpd Mrd CMW&10 SUMlee MO IS lltnl0r wllended b OW CaplUmho Volley WaiteprgDistric and Amben Assurance Corporatibeen eddiblW ablIMPO iM hpp"I•ne. d jai erldMAd up awash w FAddard M�ea'd a1rM M WN aM awwal bov"d bead to to Obillipask te1W ldare. 'u a�0el. .m ow8�1�pp��golrlw �i.rnnalpal veto �y�+n ash"YARIDr ewme dr a o.rp,.b OW do'w18e n4M1►r 1101mad ad wo mMaoea a QV d dire mMr sPMM Da be wd.,M.AanGr�see d!n ben. In 9N A7Mnw tlf.AaM aL eR qm of WA Oft"bwk* Ing UOM 1111*MW. N ns erenl e1y�wrr1ee19�a�ION3aed.mew of*A1 f e�wtY to I mrd Oweaft WD POP a .w.d lea : Ae}tt a ewa"'wg6w*row a.m morr obbes,"was"a w na�Mwha lora neat. TIAesOwrrpt.NeflreWetlrs. arts _dad-lJanga..rY _en 03 Tto aneebee bard 811111 be emo dte all dra Ohms earpPlarra rfd tmRatglw orallt w IrRerr meYed to WMftW&W"wMW. swM pin dpa aurobA fbll¢ae enlAddlbW 00"MW MONO time ppwdr b bo*&* sdad""M 7th d yof_ janigry ah 9 _ ARB, Ino, 711ec PWW Omrtatt•temrruwcsogeraMy « , • •• • gm eM re�e - o� µe�»e o laae.rw Idrtitwlwl i I Received Jan-OT-03 04:61pa Fron-940 595 5344 To-SYCAR 6 Pate 00t 01/07/05 16:54 FAX 949 595 55dd ARE, INC. _ I0003 int By: N.19'. MCOow nt 1k Aseo01ei001 61KHA21039; Jan-7.03 4'101'M) Page 4113 - CALIFORNIA ALL-PURPOSS ACKNOWLED6MENT SIMM of Calwainis coumy or )Marin }u. OM SanuAr4 1. 2003 balwome.,Mai ARaa Hickson. Notary Publlu M 9Cmadloid w.Ow. 1'Yfl pwatmelly appsarsd .._ . ....- ._-..._. Donna J. Frowd ,^. ...- rd,ruaastrt. .._... txpftauttery knw to me ❑ Droved la and tui the busts of sad5fwMY widoMoo 1JlLIS111HIGIi$OM �gaeMlaeloa/1'JSY906 to be dna porwtn(w) Mines Tome(s) talars NOMreia oubsunlbud Lu Me wlddn instrument and do� �60Yee �.7A00 wAnowladged to me lhst he/ahMhey execuLeO the same in hfaRrortthair aLdharizad capacuyties), and that by hivnernnalr signature(a)en mo IrNtOumontthe peraon(s),or the entity upon behr{a of which the peva ut(a) sdtad, a"etaed ft Instruaant WMMMS my hand ar4#ffcfiid anal. OP770MAL •• 7hw,ah Ma 4doreadm hobwis rwf mQL* A pec,h may prc vNX40M b persons wM w me dOwrru ane oaw pn s M.,muwa�wnf.,d mAeodurad of Sic fb.m to aaodw do0r,rnc Description of Attsahtad Document We or7ypa of Du&wuwa: Document Datm_ Numhar of pages: _ Signor(e)other Than Narnod Abaw... Captaofty(Soa) 1OWnled by signer slgrivM Netue: p rdlvidual "a Wh he. I i (corporate Officer—•ThWer O Plarfior—O Limited r1 General L.l AWDOWyitrPUM n Tuusue lu o aroana«.eter ^- Signer Is Reprusenarig7 I e....--i.,.r n-.r�wawu•IKmwamMi...Mae..oar•mewe.umrawa•-w,wh.riurt•.wa r.,..w.s� n...w+.rvn..,w.a....-+ Received Jan-07-OS O416Ipm Fraa-040 996 6644 To-SYCiR 6 page 003 01/07/03 10:54 FAX 949 595 5544 ARB, INC. Int By" M.A. MoGawan fl Aasuoiats63 4168921030', ion-T-03 4:14PMi Page 5113 TF113 POWEM-OF A7T.OrIHV to NOT vALID UN1;R88.1T IS"IWM13'O111 Rao BACKOI9DUNo. �U���7. Tlite.Power'6(_Attorney.:ilmhs dllc abt of thaw'nentgr{"rR. ettd the►r►.rave Ifo;IVM6rit� to hind the Company amoept In the ',nmoer nndta the eatkn[tterein.smted. '• ANCCS . ••,••L161?t T ilAts SeRdr gMPj!Iw ,IU . . . : POWEFI 0 ..14?Tommy. . KNOW ALL P"RRSONS BY,;THEBF,. PkiF�$EiNTO:- Ihfd-Lthelty.."kual' Inwrapdo. Coeap![iy,Aft rOam ftrtyr) a. N)a,6a9chU5eQ6 mutual Ifr4yratux'wmpgfM; Puto.tonjl-w :by"optHgrB)r�tiFlher t-Ittw, 9hd jk!Xlbrl4ati°P`t.%r'r1 :A 'Wrehi r�oaa haraW,name. consrlwle erie BPPDIM, - 1pid J3, IM.CK+ONVALV;34USAil.S:AA rte. -, flONN/t: ..Wtr<L.Sl;I,;pONIt'A d. FFiOtNU.ALL O>='THE;EI7 Y•O<a IiQVAT4i,6TAT&bF.C/ILIFQANI/4:. ... :.,:.:,fy Ilk .,. : T :�. „•-.... -•.. ...r. ..w.. .:�.- -_:•.�..: -:+-.ribs{.; .ql..(..r.a.....iy „.::w.......:.•.1r..l..rq.gr.r,.,..ii!ii....._-�l_S•_ •__ .—t.{..::....:....—...................�.. n.ora...:•r•:...i..:y.vo. .:y:;�•.a.. ,rM:\.........gn �.:w..p.•,.....:...i}.r...i..iia}r6Wgnurwt}Ir":r:.nwne-..yw..w•q•.....r••...a•.......—...... •• ..r—..... r...yJ......1!.flrr4`�..�..:urrw .—...: .:N+w..YA.-P ..y.i. r.t.r....y.r"-r.........—.-^t-�yv.r:.—.r....r.........,.w.—... gr.wruwun........::•..b....•u:i aj: .Ic¢.��.___S..L•...w Aiifnuwin.. .,.!. .•{ij.oM••!.{n..yr..�n:..u...r.ar•••r•s�-+TNa.y...+........rr........�__ . each indivlduay;i 0.6#0 be rrvir,p irlgf+t?oe..rta as etta.p(idl:ItvruY,iufbltrsyirtdad{?{+rialto. a�:iieu't4,:Ppvl:Ar�7g5,Wadw aid dalNor.forty d on Ra oen' "auto a+fla Sot and yao� a� mall L1 de htl '�pnda tecopalZar Fgh IFld uWn�;kjla. .o¢IlpasyfK Ip aw pawl awn wwsafdhq . Spv FIV LWN.AI+�D,'.00JIAD Y1DLCgr�}5 ($76�nPOtObOAoel • )'hlScft,dad UN otSecullon'ot.au. bartdo w s. unaan�pplu! 'oi of the8a-r.rpsprtts_pl5,hl1 bo ao bindtiay rrpoS,rhe nfinnary,a0 Jf they!tad bsan.duly taprida oy qia pmrAwm tea!aUaated ttlr ' y Ihn c aarola&-of.lha Corriphlllr In'91eirowq rManar lanwim. - i . ' Y i Thattrria'Ivwtar Ie.ntad Anti MMQUM9 P.Uroi binf W wttj PV dViet Ay Of."foaowl I!bylaw Std AuNnnarion:. . .Wein. grz ,AATIf.IF XVI r' ��--rr��of Crl 2hoi 1•"r q:30411411b: pdida arta puw iblUO t nay ofliaer or aMfldal.gf Shp epM6arN•sutliali7ad fbr•mat put}tww ur wralenQ by'the.ehalnntut or eve pNmdant,and at d�IM.In Such b ° 11nt11Atbr a v erM Wts(rirttoa dr'the p}pclaenriney Drasorlblt dktll•aPpoMl 6Ucft anamtiys•L t-1x41,n»r11rn!be p000arsry to as N bohem at the , �"pp'. cbrhPany lo•Mafa� e%aeuta, oaplt rtt4'titowlse(y} aM,rWMdr.aS SU[etf^MV imtl alt•UndOMttln¢i,.bonde. rteartpnhraltrnta.btN oder aulely >'•C oWWations. St1eR aaoKreya-Ifrlaty;eul'+J`t.�2 tothe.n�nhWlale•Por rorty In tlwi rosea diun piwent dl t .aMh . Pita71 nays WIPewer Io qMf Urn G S�• noritpony by!heli dCilatuA P-X^-Tallinn.of pay.awtr hratrttmer,ti and ro.QWbh'a+oroW M+P•wq al n wnhflny.� When ad exacutad much p 5,� ' IMt}trumenk ahPll�he AS Maditjb'rip B aiffnad'bp tne,d�ldam end dlwl,irl Uy ute.seefletesy. H r°d 1y Ilio inlMwinp inalaetlm/d fha ttrjptrman br ttte.PI'amldanr rtes 9uurorWd the d9lpdt or oyrcr offioid'ndrrredmteiain v.aryrdrq inonwinin•fact Q o ,:PursrtiMt.Ul'Artlgla 9fW..SecfiOn 5 tN]ria bft tav(E,'AeritvUtttF9d8rc'Uvry Carfte'W clxoe ic,honby aullrPd}ad to appoint Runh.ahontaya-in•fad d M 11m•may Da,ny�paatV dy+int tn•bahall t# a oorftpeny m maKq� tptea4e;x11. aCWfowlvWys'end da11.[a(as mvcmy any attd as urtdarlvkYp.. ! r+4rryfat rtiooanlmnboa w,d;ulhxRavWy,MdylxirrW a: ., , t ev 7711!iLhr Gy4ew d;d IIip,Aathuri=orlen'ebove sat htrtfi ars reys,ccplse.fhgreu and an ndw fA Xaa rorca affU.mrlauL _ •' C IN WRMEt9a•WH6fiCgNr.tftio itialrr.ri,ap4 hne boon othvet:r xxd by 0 aufhonzed- icor arld"oor90mta nnnl al,tho,aeid Uaany;Mtrhrd Nrwranoa a company"ibeen xGi:atl.Wwatoe in Plymousi�(coUrg,P,annaylvapls BfM .• _�'day of N)aiy,.- ' - - � �]_ d � " •,• "" .I n orf ' • U50XtVWWTUAL INGUrtANGE QOMPANV y darn .+t..ilbaPtC,e m M, COMMOMpkAliti gp•Pl•NN6YLVAI•�IA •. . 'ac '?' •' . . " ;°a -COUNTY OF MONTWMCKT •'. •• . On th'O !d Eoy pt; , .•. - Ad.. 2qQ1.,,,bet6fp 111rp a'hktlary;PM4IIhy. gsateiy came'1ba'Indwiduil,•mown to ria rO •Maw... . '_ . .."•. aAhh . .. oailN,[ 'Oatling:Ud1l�ttwtl,'mN iMl adotowled- n a mp 4{I;a'll it A yraln de Idud aPd;yltbet'of LIEe1tF KAUWaL.M ca pno talagaf -pia • '9ed tltaz no. ' tva the ado}gWoel tnitrasrjfdpraboahYJ tUatmmanata,tMa.cbroarate'smaYN. .uot49ar6i wo•emir aalaoorporam' paAl,aml Ms;lanae :�A1M affutadRc ,puq,dtibseribad t� a,,e$�Idinsttf}m.v+l.tty e�.xlYuwy mt ba of the maWAbrtlltany. . IN'T'ESTiM FIEOP;t_ t •4e! hnn¢'aiili,a!fix tMe•'yM1 f� ­ :`--'­X M.1458"•^d"Plyrno Mawxrf0;P hb'•�ta9t'tlrstattovsYauegt. P- t} "dt_ r 7'r•t pp�,;n.l;:t..t c.ryi"ll : . . . .. 'r.yYz✓,' ?iyi. Y,I.tlir fiitC.•a,r":r ip .!- .j • ,1 71.. i. ' .of,uDeM%'Mudur'l" ' •. Y''•iR)R+arlr• ppaet�bY eeRtry:p+gx:a,id:'�gguiag'powr. datnrrey ot,w,trlh sty :.toricoind is e;fiel.. q an Uupjr•,'Iv` t 11 fo nndx .Yy,:trd.ireu e4u,la cast(ftae4n,deet.F,'b'IlMlfia}pantry utarthe oe a tyro eaeeuleo rr» . w,id pewdi or arwrrtaV.Watona of ltai a�ficers�gpE7ir r auU+uN:.r4 ay.bw wigman of.2 io.p'randorri 1e aP?oird'+11+y.tix.rney ltt-fan as pmWdsq In AMC* Jf4'115ar:{tonTi of Mo i}Y•1**rz of t.tb@I'IY*MY4teI.IOiUWei L'OrOpelly. , . . •• r • 'Thio rnalM,nla J}iFir.ce 61gnpti 0y faiximlle•utdar and'by aouuattq yf Ma.tdloii/hap rote of d%d board.or "Luft ot•LAony MrntY11 Itvanenam • Contpairy at c n,sau,4f duty yriwt and had on dfe_-7 21h dsy�,o�if waicn.1iiiaj, - .VOTGo: ti;af?ieP fa/:timlla.Pr,mxhiHlCalfY'n3prddUaya:t}r9ftaatfe ol•tary+,aa;irae4'4�refary of tha oalnp0{,Il rihaaavai appaadng upon A nw"IAd . oapyittF any-power pl,almrfNy ISmUVF'd II "wmrtamk dt}an,ga HaMd.ana Elnbalfl ulautt Lre1 tympany Mini U,..wtw lays end alreae.. . thrtuah,miu.!icdy ola<ads _ :. •. IN.Tti7(11,116Ma�4 wr1EREOF.'1 Maya liareuttt�.. �-dhdd,my farms end amidd Me O9,199r1F1e oeai•al•,ow few owvMV,thh ., ,: nth day of f 'nus►eWta,cr;iTtontivirr MAN NOTae,-0A IS TO EXj0IhE ANY 40tglNrMAN Inf3EPT/QN W.1 t a Rk KR—.:,.May 2 i Roca Ived J4n-07-05 04411im From-040 695 6644 To-SYM 5 Pap 004 01/07/aJ 18:5d FAX 949 595 5541 ARB, INC. int ey: M.H. MOooapil a,aseoci¢tost 41443921039; Jen-7-09 4:14PMt P¢pA fl/13 . ! Hand Y*. 2401 SUbO Ytpmium: }85,t10D.00 11'ORiVl gv CONS RUCTEON PERFORMANCZBOND KNOW ALL MEN BY THEW t'RESENTS, that ARD, Inc., as principal, and Liberty Mutual Insurance Company with underwriting office at 505 South Main Strict, Sudte 830, Orange, CA 92868,to whish all commtmicatiorts in regard to this bond should bu addressed, a corporation organized and existing under the laws of. 'Massaohtisatts and duly authorized to do huainess in The Stwo of California, as Surety, dre held and firmly bound unto ECO Resoureex, Inc., as Obligee, In the penal aura of Sixteen Milliun Fivi; Ilundred Thousand and 00/100 Dollars (the "Bonded Sun"), for the payrucat which well and truly made, we. hereby jointly and sevorall ourselves, our hairs, executors, administrators, successors and assigns, firmly W11h,KFAS, the Principal has by the IV Construchon of the San Juan Basin Llesalter Project, dated _ _ - 3- ed into a contract with the Obligee for the construction, of the San Juan Basin Dosalter Project (the "Froject ) all in accordance with the terms of such contract, which contract is by reference made a pan hereof, and is hereinafter referred to as the Construction Agreement; ' NOW, THEREFORE, the condition of this obligation is suuh that, if the Principal shall promptly and faithfully do and perform all of the Principal's obligations under the Construction Agreement through completion of coustruction then this obligation shall be null and void, otherwise It shall remain in loll force and elreot, it being expr"fily understood that the liability of the Surety for any and all claims hereunder shall in no event oxuecd the Bonded Sum. 1. Whenever tate Principal shall be, and shall be declared by the Obligee to br, in default under the Construction Agreement, the Obliger, having performed the Obligee's material obligations thereunder, the Surety shall promptly ' romedy the dotanit whatever it may be or shall promptly: (a) Perform the Construction Agreement in amm-dutue with all of its terms and conditions, or (b) Obtain bids fur submission to the Obligee for performing the Construction Agreement in accor"sue with its terms and conditions, and upon rutual determinatinn by the Obligee and the Surety of the lowest responsible bidder, arrange for a contract bctwocn such bidder and the Obligee and snake available as work prngresses (even though there will be a default or a succession of defaults under the contract or contracts for performance arranged under this paragraph) sufficient funds to pay the costs of performance of the construction .agreement, less Lim unpaid balunce of the contract price; but not exccedtnpl, including other uwts and damages for which the Surety may he liable to ObIIK= hereunder,the auiount set forth in the first paragraph hercnf. nun.t Raaafved Jan-07-09 0441pm From-940 595 5644 To-SYUR 5 pap 095 01/07/0.3 18:55 FAX 9d9 595 55dd ARE. INC. _ _ . IQoos _— Jan.1-t1a 4: 15MPoga'7(13 —" T– 4158021090; it oy: M.G. Mocioluan & AssOC19tes; I - Notarithdlnyl the Principal's obligations under MLY provisions of the standing ng cmeat, it is understood that any Dayntunt made by the Surety in gdod faith under this bond shall reduce the penal sum by a litre amount. The term "halance of Lttetm� Price" as used in this paragraph, shall mean the total amaunt c uc aa><d payable by the Obligee to the Principal undo the Construction A greame at Lull any amendments thereto, leas the amount paid by the Obligee to the Prim ipal ill accordance with the terms of the Construction Agreement. 2 No alteration, mudifitcation or supplement to the terms of. the Const ation A 6rreemcot or any subcontracts or the nature of the work to be performed Me ttlerounder, inc uding any extension of time for performance, $all in MY way a notice of any altet'adt he on obligatis of a Suretynnder this bond. The Surety waivesmodification, s Plemelst or extension of time, i®ed and sealed this 3rd day of January, 2003 . TN PRESENC • i.1F: ARB,Inc. JAffix Corporate goal of Principal] --- N. e: -brl�ri• Fktslul T e: v•P. IN PRESEN E UF•: Liberty Mutual Insurance Company (Affix Corporate Seal of Principal] By: n07U7� Name: a J. Frowd - - Title: Attorney-in-£ant i Note: iJ his bond must he acknowledged before notary publics and a legally suffiuz t ' power of attorney mtlat be attached to the bond to vorify the authority of any p art r signing on bebalfofthe 5urcty. ; I I I i ,CMN I i 5 Received Jan-07-08 04:61P1 From-946 515 5544 To-SYCAR 5 Fags 001 01/07/09 16:55 FAX 949 595 5544 ARB, INC. _ — _ I0007 ..�.•—� — -- Sri-/-03 4;15PM; Page 8/1A lit 0yI M.B. isle ro in a AssoolaSa5; 416s02103G; CALIFORNIA ALL-PURP08F OCKNOWLEDGMENT - � ��ar GWiiomia J z. County of Malin ' M011Ees, Sickson, Not&fY PLLbILc 0� TauuarY 7s 2003 before me, wr„anere,d tMrwrka'►nr 1W wary rievrl . oee Donna A'. r=OWa P�ontdly aPw�d 1$pemonsay knmwi W me 0 peeved to mn on the back of oeWfaUpry evlderx:a Go to be the pemc,n(a) whose nernm(m) isltrre _ NoUatY b_Ggaeratm subscribed to the wtmin krahument and acknowledged to me Ince heWxhodthey executed �Y,��p keallpfZf,3001 RIs Sam@ in liiayher/their authorizedhat capacity(les), and tby hWher/d+alr 61gnaturo(s)m the ktssument the peraarl(e),or The rnthy upon behalf at whicit tits pereoll(m) j aged,executed we Incuumord. � WITNESS my hand e�rx/l a1Gcl 8581. r"Y�eei+.r dtblrn N�^_ i OPMOML - 7/IorQ/r!a/tnbROeWreche'bAMmo awedrq and Aaugahm TuaaabMboeraarrebbAm yw araarmae+rre ooule pre,enl eaud/w�f,vino,+!and remloeM1n�driie A.ro rn,IharnmawrrerLL pesodptlfan of Attached nooument Title,or Type of nrumnant Dc"mown Date: Number o1 Pa0m: Sitgwr(s)LMmr Then Km W Above: Cepacity(Iea) Claimed by SlgnaT Signerb Name: .. f II individual Corporate Oftor •-Tn1Ke)=�. 9 Partner—U utrdued n Galbrd U Attorney-in-Feet D Trusme O nivirdlan or Conservator _Signor Is Repm-VAhtp-- elreNaYmlellm/Koew_wuo0.iwr�w.we.wew.Rw,r'RWeti1TP�Wa v„a wr,im „reo�;yvM'.,,.awra a.w ROGNIved Jan-07-03 04;01pm Prum-848 595 5544 Tu-3YCAR 0 Page OOT 01/07/Q7 16:55 FAX 949 595 5544 ARB, INC. ' Ig 008 !it Oy: M.B, ucGnwin & Assoolaxss; 4158021039; Jan-f-03 4:15PM; Pogo 9/1A Bond leu. 24015060 Premium: Included on PAYMENT BOND Performance Bw,d K NOW ALL MEN DY THESE PRESENT'S, that ARB. Inu,. as Principal, and Liberty Mumal Insurance Company with underwriting office at 505 South Main ' Street, Suite 8341, Orange, CA 92868,to which all communications in regard to this bond should be addressed, a corporation organized and existing under the laws of the Massae.husetls and duly authorized to do business in the State of California, as Surety, are held and firmly bound unto ECO Resources, Inc., as Obligee, for the use and bcnofit of claimants (as hereinafter defined), in the penal Qum of Sixteen Million Five Hundred Thoineand and 00/100 Dollars (the "Bonded Sum"), for the payment whidi well and truly made, we hereby juintly and severally bind ourselves, o irs, cxccutors, adminisirdton, succeswurs and assigns, firmly by these presen WHHREAS, the Principal has �'�th�e A MIMPe Construction of the San Suan Barin Dcsalter Project, dated Sd - into a contract with the Obligcc for the construction of the San Juan Basin Desalter Project (the "ProjeCC'), all in accordanoo with the terms of Such contract, which oontract is by reference made a part hcroof, and is hereinafter referred to as tate Construutiuu Agreement; I NOW, THEREFORE, if principal or any of itc cnhcontractm, fails to pay for any materials, v4uipracnt, or other supplies, or for rental of same used in Ummoction with the performance of work contracted to be performed under the Construuiun Agreement or for wurk or labor thereon of any kind or fwilc to pay any claimant anlowtts due under the Unrzitployment Insurance Code with respect to work or labor performed by any mlreh claimant or for any amounts required to be dedllrterl, withheld and paid to the Employment Develuument Department from the wages of employees oTthe Principal and its snbconlraeton pursuant to Section 13020 of the Unemployment lmurdu:o Code with respect to such work said labor and all other applioable laws of the state of California and rules and regulations of its agencies, then said Surety wil I pay for the same in tui maount not exceeding the sums specified above. However, this obligation shall be subject to the following conditions; I. A claimant is defined ll,r purposes horcof as one having a direct contract with the Principal, or with a Subcontractor of the Principal for labor, materials, ur both, coed or reasonably required for use in the performance of the Loustrttcrinn Agrccegcnt and/or those par.rnns defined in Section 3181 of the California Civil Code; I labor mhd materials being consvued also w include that part of water, gas, power, light, heat, oil, gasoline, telephone, cemice or rtattal of equipment directly applicabla to the Construction Agreement. i 2. The Principal and Surety hereby Jointly and severally agree with the i oblige that every claimant as defined herein, who has not been paid in Hill before the expiration of a period of 90 days atter the date on which We last of such olaitnant's work or labor waw done or performed, or materials were llrrnishcd by such claimant, may sue on this bUrlii for the two of such claimant, prosecute the suit to final judgment for such a�cu.i •r Received Jan-Ot-03 04;Slpm From-940 505 5544 To-SYGR I Pap 000 41/07/49 16:55 PAZ 949 595 5544 ARB. SNC. _ nt Gyn M.B. MoGowon & Assoo1atesi 4158031039, Jen-f•03 4: 15PMi page 1011'.1 I sum or sums as may be justly due claimants and have execution thenwn. The Obligee shall not be liable for the payliuent of any cnst5 or expense of any such suit. 3. No suit or action shall be commenced horcunder by a claimant other. than in a txrurt of competent jurisdictinn in the Slate of California or in the United hates i)istriet Court for the Central Dimtrict of Califurtda (Southern Division), and not elsewhere. 4. No alteration, modification or supplement to the Letms of the Construction Agreement or any subcontracts or the nature of the work to be ptxfurutcd thereunder, including any extension of time for performance, shall in any way of Cct the obligations 6f the Surety u ndvi this bond. The Surety waives notice Of any tilluration, modification, supplement or uxlt rasion of time. 5. Upon request by any person or entity appearing to be a potential beneficiary of this bond, the.Priitcipal shall promptly furnish a copy of this bond or shall permit a popy to be made. 6. The amount of this bond shall be reduced by and to the extent of any payment or payments made in guud faith hereunder, inolmsive of the payment by Surety of mechanics' liens which may be filed of record against the Project, whether or not claim for the amount of such lien be presonted raider and against this lxtnd. Signal turd ecalod this 3rd day of January, 2003. l K PRESENCF OF: ARR, Tno. [Affix C oraiA$nal of 1"nclpal] 13y: ,c _'' Na e: _Jaw+ M.PrJt.r5rc.Fl IN PRESENC14 i.ih•: Liberty Mutual insurance Company [Affix Corporate Seal of Principal) ^T Name: Mna J. Frowd Title: Attornay-in-fact Note: This bond must be acknuwlcdged before notary publics, and a legally sufffletent power of atinmey must be attached w the bond to verify the authority of each party signing on behalf of the surely. I i I RtGmIv9d Jan-OT-63 04:51pm Frum-949 506 6544 Tu-3YGR 0 Prar 009 01/07/03 16:55 PAX 949 595 5544 ARB, INC. _ 110010 9 Pn a 11 /13 I 6t5O921O9Og Jail-/•U3 4:10PM; nL By: M.D. MoGowdn R As5OO18te8; Note: 'Ais bond meet be acknowledged before notary Publics, and B lcgully aufrie'e"t nowcs of lattomoy meat be attachcd to the bond to verify the authority of each patty signing on behalf of the surety. I I � I i Racsivad Jan-OT-03 0410lPs Prom-049 505 6644 Tc-SYCAR 0 Pan 010 01/07/09 . 16:56 PAX 949 595 $544 . ARB, INC. _ Iej011 L Dy: M.R. Macaws?R As5oo1fltm5; 4758021030) Jan-(•03 4:10PMi Page 19/13' CALIFORJJA ALL'PURPOSE ACKNOWLRPGUFNT s �•r!.t-s'nnsfitt....'rws�"�.'!�ssurcA;6xlf'A�1'nrs�'r � ,.r.�.xscx:��� ' Stale of California l} Coar"at Jltarih / pn Januar 3, 2003befnuemo. Meliama Rickson, Nnrzary PuL)lic os w�.rne.ran�a,.'ane � personaNy appawma Donittt J. I`rowd Upersonaly known to um D Proved to ma on the basis of sat suctory aNtlsrrca fl�{.f3.�Lt t4G1®l]N to be the per:on(a) whose narne(u) Ware Cene+rtevienW 13i6Dae4 avWwrlbed to the wanln keHrument and me"f%*"-Cowan" eoknowledood b mo tial hs/shalthey excuute0 wife County the same In ItiWlrerltheir oulhortaod awcoffrILFWk"WaT.zom capaeitAles), grid that by rusinerMeir slpnaturs(s)ur 0ie instrument the preon(p,or the entity upon behalf of Which ttre perreuri(s) wted,executed tho inetrwment- WrTN S my hand an tRela iaarur.,f! c inauWi rhe folw7nedm Deme a ms r OPTIONAL.Whmh ,yrwwalmi a.nrypwoe.rAWa.npraeeerebreponawa4vrmnrlanearuvpewu earpaor nms.a/old rYaele.l..e,a def4 rano b an.Uw trocrrnrnA oesorlptlon of Attachad Docuntrant TMD or Type of Document- .. . . . . ,,..__ Dovumont Date! Number of PROM aigner(a)CAhmrThan Namur Above: Clipacity((oa)Claimed by Slpner 3"eo Name: I ❑ t m*Adual Itp d i.,d.lw. U c*rpolate omoer--Tltle(o)-_ n partner--nt.artlted 0General C3 Attumai-Irl-root ❑ Pummel O Guardian or Ccr a rvalor Ll Ufnw. ,Sturw Fa Flepreoordirr . ._ II r .+aooa/Naeolaie..ra •am revew..ra creee•rl w..ft bnrraleer@•..wdhd..bWa I f Received Jan-OT-03 04:51pm From-948 $95 5544 Tr3YCiR 6 page 011 01/07/09 16:66 FAX gag SOS 5644 ARB, INC. . _ _._ k11012 n1t tiy^ M.D. Mchoa 6 Associates; 41589210391 Jan.7-Wg 4:IOFM; .��gal8/1A p "nils pVWCR l't*%4, I7TCANEV lei NOT,VAUD;IINLE45 F'C IB PRINTED OPI hiP tlACKGROUND. .8 �9pg TINe.Povyec oif#moM4 litnjta.the*oil-Of ih0S0'haRfed'heFedn;and'tlttiye hww rro atttftarlry to Wild the Oomps except In the .roan er rmd th Vee extent hOWFIF OW W.- : . • . r .. . , . ., . . .... - ..iItlERYY MUTVAL INSURANCE,WPAPANY. . , .. BOSTOIVr MOS8ACIIUBETT'�'r - . : POWF_R OF'ATTOF04MY 'MNdV�'ALL PEf;i$pNS,R1X;TF1E56 CRE�,RN7-6i rTh'af�Llbierhr•'Muterel.ln6Yie Ce tunijiDhy..{thp " a Wle•aerytuswtr ,nwluat ineumnee eompnny,..jsiifau911r id.ar?if,iiY •au" @h:tIRAW.. •Igw:and rA ioriza"?K:heydt�dSlgl,P.e�doae herahy name. : Cpr sdtu�$r.srnd appoint. r (,AIC RL, 13., QW l3isY1'J:�RF,tftOYll1ATF,[iOP1J1l L Vim."-ki.DO1�N�kA J. FROWIir ALL pF THE L'1T1I OF NO�ATQ E�`7A- jE'J F.tALII Ol3N1A...y..._..n.': :_ .t,.......... .jti +.w...... :o.=r--.«-.................... ............'.rr.. ..fa i..n....�lL_.,..w:..';..ard'..........r�-��.-.....y1µ.mid?.i...�ta<w..i.u...n�T...}.n........rie:.:v-r...w...,.....w....._..... -.....0.. ... :......... .:wi.....y':.F:a........:ui..}i..�r.rb..rr.aL'_w:. is ..i..:r........ :...:niul�.w...�........r..+.w....-_ :,u'.......Y--a.�..:..:.. ,r•-....-...r...:p':..i.n..a.Li•.::.:..w.r..ns.w.........q.�ii a.v_...........»...�..wu.uo .......N..wrr.pr.-»..a.A... ...... •:ase}.Indivklui Ihr 11 therg.bmimora'Okghtibri9.f1m.qd;as iruo¢ria'1:1'ytlW:Atvi!'D§4^IrrJedtlm:!}lake,aa"*,:sset:diIytiq.wudpa u.d daUmR for and On Its boheX 4a��¢ttare�1Y y�I oa.1 da6d,^afry anp a0 �'tlan ndd�6oFidirrWro pUa 1erg,,,� 11 Qrr4up,9y''o15119P t w ur We penal aum rwta adine my eIV7'•Ya YlLU4l QQ(,I00"'�`""'�'�r"�"'� ijCiL'L1eP1® l r"'^'-"" J'�7.-and'Ino'lgryeuQun'uf such bonds er Undenaati:,irt,cer pure.ia eoo'•et the6d prp"nhr EhgR' bitty' bin0atg•opoh'rlta'eu..q.wty as If dray had bion rAdy miQ by the pmxklem and attwtw by .0 r we-40cretary•Ofthe-GUITIF yq In thW asks proper P+,aepno• a i., Thal VW pgvsr Js-maijepitd'eiiaeirtod purewra to.nd by atdhpd0'or•trle,'fallowlnu•CyWw enQ AedeoiizaJion. .Q IICLtfl1%1-8.tacu0onid-LA. 6,;e''Sactian!f.3utPty Bohcls:aria'un0egqplygga, ' •' ' 1�$ a• Anw'ofRcet 8r'OA1ar'otneid;u'd•thg'aomga'tLy,todhorueed Tor rttat wm*s-In:wrmnll cel me elmlmeetin dr the proddorilt ■rd tiubjea to aitch. $ Ilmlliuinrra'e..*to ah6lrftldn of the yrssliJenJ.. y piboorlba.tehenappnlnl e�ch'aktOrefay6-10-fact,as ma4y lett raiwtisafy m•xtin oehWl of Na s .comgarn!-in maker exaaulw,.eddy, 11:Qgg arrlf'deliver it :aoeiy qqtrilyy and all undadykinem..lronde, nosM} and,trUtw duiety s .. oblluiiWirsl bimh muemeYe-Indpel.widet tb the limlibtiahs''ael'lonp,ip Yledr•rt ppIllufta Powore of alto reml nava il>h pow6r to bind tela C 5p • ;coTflAttl'oY maU'yiNha1ura.arld,oteahion e1 aiy such lnsburaenN pntl fo ahtiCR 71au$e Ihry aaal oT thd'ob�mpany. Whan,v.wvaradad such y� O Y Dl Inpbunienrs snav be esarw!rv�as Ir irpnedby il5e'Prerklonr nnrkaflRatO'd byihaSeafatYry. '. ' ,• - a s_yr' By IhafolbwMp.lrut!tenMr+t lira utldrrran orpto pro:ldpnt has:rdhixie8d INA offiC�f drrother odhciel nomad Owreln tdappeine nrierrioya-irr•laet: � C�, rwsuant 1a•NecJp'XY4 Safluu'o of the Sy Im.e.Asotsran+Rai`.rararySamei W.:hW*is hereby+u ilwilrMtn eppglm eudt waomeyw4co fmoT n i' oe may ire nsaassely'To acG tti Dlrl�lf,:tir.N?e-4aTPsnY tomglra.exacuLa,aaM,aGimdrrl6dOsacu7 dalNaYaa surely city Md all undertaldnpo, Q ala 6t:'� ''. 'liorrda,racopnf:attex are{1 oltwrsW'sg!dprygaewrw, -•':•;; •....' -.. • ' b That Ih ft iaw;and.lhe Adthorizm*6.abov6 s;;s; Oi me Atup copies ateroaf ow Ark rotvin fu!forCa and ift& ]� • IK-WITNSeS WHaREOP, the'lhstrurreMhos•Amaq euWCdbed Ary ib pulhotfad•eflfcor arO'"'aorporare a" of to sap uoeny Mutual Inaurenoo g w OumMpnrhas 10,66v atflvad fhoy;My in Plymcuth Merpuag,•Fonrl}yNwlln ihb�_,-�>?fl---,,•day,ot .'Mav, . . . ,,_. 2[101 O. E �1C -i r .•p•��� -. ._ .'LltsliPJT%' UTUAL•INSCJRAIYUI: is r:.'1-774I��', W -' ,r9,/`.'- ••. •. . J .. .. ? 91■ t.e sY. wme• ''E3Nt(.4e, I'rata-q5L' 'f•• �,. .. , .. ,, •.. :r �J t 1�a COWC)NWCALT ` C'n. COUNTY uF,MOhI #oNme •: .. •' ,. . .. . 7Lcr I*n this Ond .deY,of.' •' -,�Y�.'.' ,,r.+_.t•A:. `O.2L.:Lorr.rn'rtyl,•a+ntoiitty Pu61k.PeraonaR9•t7errw u.y liarivrdud, hno,m to 'tv Y 'ini 6 4d f%Q Wdioin do " dol Nle;OW%W'ci troeryrMutSal ItSgilrevtPp-Gar{.Pgrrl+ir Wh�erke++4d>+k�sU44e4lfw ingini nest,A% he ewhr.owlw4 �! Ow mal hu saacotad tha;saz}gf{r77ccad• 41ie'sw-pFabdayt0'IumM1lmaRp4;ihc aoi ftom St eialxlt:Sald'apnlpa(IYi adrtd Illet sold wrpOratrr < r y seal•mitts elgrmt Odd.alt-ivnt, Ynd'3tIIJ6Cdbs0,fO'dAe•'lP4itatq'Hrer•_tt by pok?rlly grid mia"bq of""m txxnl w. < ::-.. .. IN TEB°ItkiO r�aF+m••hsnK.a^e dtl�'�a.atf iii Me: �MP aro' '90.Vaar Bnd above wdpen Or U4i.^.• 1-, 'JJa -',id•-alera$.k-..r•n.,n: '. q[/y ,�L`r�y. y.'��• . h.'. ` 'i- 7G ' aex..•m. ,W..WM'-.+t:r' '' F���pr :"7':y°'� 't'.•'' , .. `: A _d1.RtA' '• -x gr•�[•�L4�'T" l {.�-- . "i`-f -' 'I.•tlRt leiyfprw' ., Y `bf L'tbertlr juu�Gidi' i '?iearY, da;hhoi�y oarlav'btet mei i;l. m Owrlar•a fenermar w y,Orgn.ths . .fanrWinQ U a lull,sub of W oatfy:Je, rv0 vnMg gnd'e�tyya9te of this earlFl firbai'anli.t tl4�{1etceo+b"ly flue eha nlRoar wfro'aysouaad me raid,p6wpr clf'ail was orifi of il;o.pw-j#Iopocr4nY biitlora.aa b1l tits dteftrrlan W trio plomldank vu:NporJat my -lam nm provided 41 Article XVI,SxT"v+S nt,U'I •lavus Ol Liberty Muru.<I btayrprr Ceril6aml._.. "TJd:'opnMICJIIe mat De srgriad by 'farmhT"'WWOr and by a.enhgrtty.aP jIt!'fdltol6btp'Bali or'tnb Dwrd wt dlroetore.of.Llbor0l UL" Imurarlee Company.at arMatktp ddlYcslFed and Tejo an ma lzdraydr nee 7Oso• . . �•. , . . ' lin-Mr)r,-Maj ft{lteolmlls,a r0ecnaitrcn4y reptoA.ucCd'WOn91u<?'e?z'^Y wiNsietlt laecrstary of fele pampany wli..evbr pppeadng upon.arOfMd 9t"qpy nr why power detlOmay i9etltal uY'dee corrrpsk'y;k2rae as Valk'aneI Undino ud'an the•oanperry wide he smite tpr'ca and altoet v though mar!umlty.T6Jlwd.:' . IN-r ' WOaV GA£OF.1 fuwa.haraurt t-pllQScnbpQ my iglu}S and pfrisod I!*q'coryerab taai M the SaW•oab}r W,dee 3rd day of and)ollisr<,ec.;-romiav MAIL iio Bo w6bDT'O gxpdorc xry wlvo w!i'4 ar,P+ n dAt#AF7R11' • . ,1111101A tea I . - Received Jan-OT-OS O4:61 pe From-949 595 6644 To-SYCAR 6 Page Oil JMou 32400 PASEO ADELANTO i% MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 (949)493-1171 ,/AV SAM ALLEVATO (949)493-7053 FAX L1 In(ORIIRRIfI THOMAS W HRIBAR fSIR111fXf1 1961 MARK NIELSEN www.sanjziancapistrano.org 1776 • JOE SOTO OR.LONDRES USO April 20, 2007 Bank of America Standby letter of Credit Department 1000 South temple Street, 7th Floor Los Angeles, CA 90012 Re: Irrevocable Letter of Credit# 3053326 dated January 8, 2003 Dear Ms. Alpuche Enclosed please find the original Irrevocable Letter of Credit #3053326 dated January 8, 2003. The City of San Juan Capistrano is the successor agency to the Capistrano Valley Water District which was dissolved effective July 29, 2004 (see attached LAFCO certificate of completion). The City is surrending this letter of credit for cancellation. Please notify upon completion of this cancellation at crussellCa)sanivancapistrano.orq or(949) 443-6301. Sincerely, QLG1 -�- thia L. Russell Administrative Services Director cc: Eric Mills, ECO Resources Eric Bauman, Water Engineering Manager Margaret Monahan, City Clerk San Juan Capistrano: Preserving the Past to Enhance the Future " printetl on recycled paper Bank ofAmerica ��'j IRREVOCABLE LETTER OF CREDIT January 8, 2003 Capistrano Valley Water District 32400 Paseo Adelanto San Juan Capistrano, California 92675 Ladies and Gentlemen: 1. At the request and for the account of Southwest Water Company, a Delaware corporation, Bank of America, N.A. (the "Bank") hereby establishes in your favor our direct-pay irrevocable Letter of Credit No. 3053326 (the"Letter of Credit'), in the amount of Three Million Four Hundred Thirty Thousand Dollars ($3,430,000) (the "Stated Amount'), effective immediately. Capitalized terms used but not defined herein are used as defined in the Service Contract referred to below. 2. We hereby irrevocably authorize you to draw drafts on us at sight in accordance with the terms and conditions hereinafter set forth. The aggregate amount drawn hereunder shall not exceed the Stated Amount. 3. This Letter of Credit is efffective immediately and will initially expire on January 8, 2004 (the "Stated Termination Date"). The initial Stated Termination Date shall be automatically extended each year thereafter for an additional year unless the Bank gives written notice to you at least 120 days prior to the then current Stated Termination Date of its intention not to extend the Stated Termination Date beyond the current Stated Termination Date. 4. Subject to the foregoing and the further provisions of this Letter of Credit, a demand for payment may be made by you by presentation to us of your sight draft, accompanied by your written and completed certificate, signed by you, in substantially the form of Annex A hereto (such certificate being your"Drawing Certificate"), in an amount not exceeding the Stated Amount, representing amounts payable to you by ECO Resources, Inc., a Texas corporation (the "Company") under and pursuant to the Service Contract for Design, Construction, Financing and Operation of the San Juan Basin Desalter Project, dated September 3, 2002, between the Company and the Capistrano Valley Water District, Orange County, California (the "Service Contract') 5. Each sight draft drawn under this Letter of Credit must bear on its face the clause "Drawn under Irrevocable Letter of Credit No. 3053326." Bank o.& CA9,03-1 -09 Operevions 313 Cod-CA9-90nuc 19 1 RJ 5.RcuudryAvrPua 191h Floor,Lw Angelen,C A 9001 0031 0201F$6 9-1999 CA919 Bankof America 4%� 6. Demand for payment may be made by you under this Letter of Credit prior to the expiration hereof at any time during the Bank's business hours at its address at 333 South Beaudry Avenue, 19`h Floor, Standby Letter of Credit Department, Los Angeles, California 90017, on a Business Day (as hereinafter defined). As used herein, the term "Business Day" means a day in which the Bank at our aforesaid office is opened for the purpose of conducting commercial banking business. We hereby agree that all sight drafts drawn under and in strict conformity with the terms of this Letter of Credit will be duly honored by us upon delivery of the sight drafts and certificates. If we receive any of your sight drafts and certificates, all in strict conformity to the terms of this Letter of Credit, at our aforesaid office not later than 9:00 a.m., California time, on a Business Day on or before the Stated Termination Date hereof, we will honor the same by 5:00 p.m., California time, on the same day in accordance with your payment instructions. If we receive any of your sight drafts and certificates, all in strict conformity to the terms of this Letter of Credit at such office after 9:00 a.m., California time, on a Business Day, on or before the Stated Termination Date hereof, we will honor the same not later than 5:00 p.m., California time, on the next succeeding Business Day in accordance with your payment instructions. If requested by you, payment under this Letter of Credit may be made by Federal Reserve Wire Transfer of funds to your account in a bank on the Federal Reserve Wire Facility or by deposit of same day funds into a designated account that you maintain with us. 7. The Stated Amount shall be reduced automatically by the amount of each drawing hereunder. 8. This Letter of Credit is transferable in its entirety (but not in part) to your transferee and may be successively so transferred. Transfer of this Letter of Credit to such transferee shall be effected upon the presentation to us of this Letter of Credit accompanied by a certificate in the form of Annex B attached hereto. 9. Only you (or a transferee as provided in paragraph 8 hereof) may make a drawing under this Letter of Credit. Upon the payment to you or your account of the amount specified in a sight draft drawn hereunder, we shall be fully discharged of our obligation under this Letter of Credit with regard to that payment, and we shall not thereafter be obligated to make further payments under this Letter of Credit with regard to that payment to you. 10. This Letter of Credit, except as otherwise stated herein, in subject to International Standby Practices 1998, International Chamber of Commerce Publication 590 1998 (the "ISP98") and shall be governed and construed in accordance with the laws of the State of California and applicable U.S. federal law. 11. Communications with respect to this Letter of Credit shall be in writing and shall be addressed to us at our address at Bank of America, N.A., Trade Finance Services, Mail Code CA9-703-19-23, 333 South Beaudry Avenue, 19`h Floor, Standby Letter of Credit Department, Los Angeles, California 90017, specifically referring to the number of this Letter of Credit. Bank or America.N A Trndc operations Mail Code CA9-00319-09 2 333 S-9enadry Avenue 19th Platin,Los Angeles,CA 90017 00 35-020 1 NSB 9-1999( W 19 Bankof America 1%� 12. This Letter of Credit sets forth in full our undertaking and such undertaking shall not in any way be modified, amended, amplified or limited by reference to any document, instrument or agreement referred to herein (including, without limitation, the Service Contract), except only the certificates and sight drafts referred to herein and ISP98; and any such reference shall not be deemed to incorporate herein by reference any documents, instrument or agreement, except for ISP98, such certificates and sight drafts. Very truly yours, BANK OF AMERICA, N.A. By: Name: Sandra Leon Title: Vice President By: � Name: Margaret Kwiatek Title: Vice President Bunk Mail COJc A9nfCAi-IOJ-1N.A. 9-00Opcmtions 3 9 333 5S B.uW,,A, nu,191h Flo a,len Angeles.CA 9001 0015-0201NSB 9-1999 CA919 Bank of America 4%j ANNEX A TO IRREVOCABLE LETTER OF CREDIT CERTIFICATE FOR DRAWING IN CONNECTION WITH PAYMENT OF AMOUNTS UNDER THE SERVICE CONTRACT Irrevocable Letter of Credit No. 3053326 The undersigned, a duly authorized representative of the Capistrano Valley Water District, Orange County, California(the `Beneficiary"), hereby certifies to Bank of America, N.A. (the`Bank"), with reference to Irrevocable Letter of Credit No. 3053326 (the "Letter of Credit"; terms defined therein and not otherwise defined herein being used herein as therein defined) issued by the Bank in favor of the Beneficiary, as follows: 1. The Beneficiary is a party to the Service Contract for the Design, construction, Financing and Operation of the San Juan Basin Desalter Project, dated September 3, 2002 (the "Service Contract") by and between the Beneficiary and ECO Resources, Inc. (the "Company") regarding the design, construction, financing, start-up acceptance testing, operation, maintenance, repair, replacement and management of the Beneficiary's water treatment plant in the City of San Juan Capistrano. 2. The Beneficiary is making a demand for payment under the Letter of Credit in the amount of $ and such amount does not exceed the Stated Amount. 3. The Beneficiary hereby certifies as follows (insert those which are applicable): (a) Delay liquidated damages, not in the aggregate to exceed the Stated Amount, are due and payable, and have not been paid, by the Company under the terms and conditions of Section 7.9 of the Service Contract. (b) The Beneficiary has terminated the Service Contract pursuant to Section 13.2 of the Service Contract in accordance with the procedures and requirements of such Section, Section 15.3 and the other applicable provisions of the Service Contract, and the Beneficiary has determined that the amount set forth above represents the estimated damages suffered by the Beneficiary, not to exceed the Stated Amount. (c) The Letter of Credit will expire within 30 days, and the Letter of Credit has not been extended, renewed or replaced in accordance with Section 15.3 of the Service Contract. The amount set forth above represents the full Stated Amount. (d) The Company or the Guarantor has filed a petition of voluntary bankruptcy under the Bankruptcy Code, the Company or the Guarantor Bank.Meow,N A_Trade Opcoaious Mail Code CA9-903-19-09 4 333 5.Be;nidr,Aucnuc.19,p Flaoa Los Angeles,CA 90017 0035-0201NSB 9-1999 CT919 Bankof America �%� has consented to the filing of any bankruptcy or reorganization petition against the Company or the Guarantor, or the Company or the Guarantor has filed a petition to reorganize the Company or the Guarantor pursuant to the Bankruptcy Code. The amount set forth above represents the full Stated Amount. (e) A court of competent jurisdiction has issued an order appointing a receiver, liquidator, custodian or trustee of the Company or the Guarantor or of a major part of the Company's or the Guarantor's property, respectively, or a petition to reorganize the Company of the Guarantor pursuant to the Bankruptcy Code has been field against the Company or the Guarantor, and such order has not been discharged or such filing has not been dismissed within 90 days after such issuance or filing. The amount set forth above represents the full Stated Amount. 4. Payment of the amount described hereby shall be made by wire transfer to the following account: [wire transfer instructions]. IN WITNESS WHEREOF, the Beneficiary has caused this certificate to be executed and delivered by its duly authorized representative as of this_day of 20_. THE CAPISTRANO VALLEY WATER DISTRICT By: Title: 6aak ofAmcrica,N A-Trade Operiuon.. MeJ C,& CA9-703-19-09 5 M S_xcn9dry Aemuc 1941 Floor,Loa Angcicc CA 9M V` 00.35 0201 NSB 9 1999 CA9 19 Bankof America "�'j ANNEX B TO IRREVOCABLE LETTER OF CREDIT TRANSFER CERTIFICATE Bank of America, N.A. Trade Operations Center Mail Code CA9-703-19-23 Standby Letter of Credit Department 333 South Beaudry Avenue, 19th Floor Los Angeles, CA 90017 RE: Irrevocable Letter of Credit No. 3053326 Ladies and Gentlemen: For value received, the undersigned Beneficiary hereby irrevocably transfers to [Name of Transferee] [Address of Transferee] all rights of the undersigned Beneficiary to draw under the above Letter of Credit in its entirety. By this transfer, all rights of the undersigned Beneficiary in such Letter of Credit are transferred to the transferee and the transferee shall have the sole right as the Beneficiary thereof, including sole rights to any amendments whether increases or extensions or other amendments and whether now existing or hereafter made. All amendments are to be advised directly to the transferee without necessity of any consent of or notice to the undersigned beneficiary. Such transferee is a permitted transferee under such Letter of Credit. The Letter of Credit is returned herewith, and we ask you to endorse the transfer on the reverse thereof, and forward it directly to the transferee with your customary notice of transfer. SIGNATURE AUTHENTICATED THE CAPISTRANO VALLEY WATER DISTRICT (Bank) By: (Authorized Officer) Title: Buck of A....... N A. F v,&0,,,n—, 6 MmlCode CA9-903-Inl1Y 331 S_B-0, A-- 1911,Flo.¢L.,A.,,d-,CA 900 17 003-0201NSB 9-1999 C'A919 12-14-04 15:16 Froe-6rasee County LAFM 7116342643 T-466 P 666/667 F-536 Recorded in Official Records,Orange Counay Tom Daly,Clerk-Recorder 1011111100110211NOFEE 2004000690271 M:17pm 07M 130 U CIS 2 0.00 0,00 0.00 0.00 0.00 0.00 aero 0.00 tf'191p d�A 1p n an ra f-^% PurreserroGnr.Cdesecl x6199,keracisa"ZaC AgmtyFirawlrosCoAusdssl" shd#be choWd jar*cjWeg of An&vswe m � Recorded at the request of and return by Interof ice mail to: 1 p 2004 LOCAL AQW P,rgltM MUMrlWN ORANGE I..00AL AGENCY FORMATION COMMISSION 12 Civic Center Plaza, Room 235 Santa Arta CA 82701 CERTIFICATE OF COMPLETION Pursuant to Government Code Section 57200,this Cadficate is issued bythe Executive Offioerofthe Local Agency Formation Commission of Orange County,California. 1. The short-term designation,as determined by LAFCO, is: City of San Juan Capistrano and Capistrano Valley Water District Reorganization;(RO 96-15) 2. The name of each district or city involved in this change of organization or reorganization and the kind or type of change of organization ordered for each city or district are as follows: CITY DISTRICT: City of San Juan Capistrano and Capisecano Valley Water District TYPE OF CHANGE OF ORGANIZATION: Mager 3. The above listed cities and/or districts are located within the following county(ies):Orange 4. A description of the boundaries:the boundaries match the corporate boundaries for the City of San Juan Capistrano. 5. The territory is inhabited. 6. This change of organization has been approved subject to the following tams and conditions: a. The effective date shall be the date of recordation. b. A signed agreement between the City of San Juan Capistrano and the successor agency to the South Coast Water District shall be submitted to LAFCO. The agreement shall address the Provisions governing and regulating the continued provision of water service to Parcel 4,the area located in the City of Dana Point and currently served by the CV WD. C. The City of Sart Juan Capistrano shall submit to LAFCO a signed agreement between the City of San Juan Capistrano and property owner of Parcel 2, the Schuller Ministries, regarding the provisions governing and regulating the provision of water service to Parcel 2 Certifew OfConVic-tion,PO 96-15 Page I oft 12-14-04 15:10 Frow0ranss County LAFCO 7146342643 T-460 P 007/007 F-538 through an out-of-agency contract. d. The Moulton Niguel Water District shall submit to LAFCO a resolution requesting annexation of Parcels 1 and I LAFCO shall agree to waive its fees for the processing of the armexations. C. The City of San Juan Capistrano shall be the successor agency to the functions, assets (including cash on hand and atonies due but uncollected), liabilities, debts, contracts, obligations, enforcement and responsibilities of the CVWD. Funds held in trust by the CVWD for a prescribed purpose shall only be used by the successor for said pm;cribed Purpose.All delinquent fees,charges and any other collection or assets which accrue shall accrue and be transferred to the successor agency.Any assessment levied on behalf of the CVWD or any bills or statements rendered by or on bchalfof the CVWD shalt continue to be a debt or obligation ofthe ofthe person or property against whom they were levied,assessed or rendered unless relieved by the City of San Juan as successor agency prior to the recordation date_ f. All real or personal property and appurtenances held by the CVWD as ofthe effective date of this reorganization shall be transferred to the successor agency. g The successor agency has the discretionary authority to impose and collect all charges,fees and or assessments previously approved by the CVWD. Nothing in these terms and conditions shall be deemed to Iimit the ability of the City Council of the City of San Juan Capistrano to establish and levycharges,fees and/or assessments as it determines necessary. h. LAFCO shall relain}utisdiction priorto issuance of the certificate of completion to hear and amend,if necessary,any terms and conditions that require agreement between parties. 7. The resolution (No_RO 96-15) ordering this change of organization with notice and hearing was adopted on September 2, 1998 by the Local Agency Formation Commission. I hereby cercfy under penalty afperjury that I have examined the resolution cited above,including any terms and conditions. Orange County Local Agency Formation Commission Bob Aldrich,Acting Executive Officer DATE. July 29,2004 Cerdficate of Completion,RO 96-15 Page 2 of 2 32400 PA•[O ADELANTo SAM JUAN CAPIWRAN0,CA 92675 • IAl11MU ( N6I A194111M OFIM CIV COUNCIL (949)493-1171 )m OIANELOAT IMM (949)493-1053 (FA)0 • • JOHNSGELFF inviv.sanjuancapistrano.org WYATr KAM JGeaoto 04 It svErm�w February 5, 2003 GEOMM OUC H NOTIFICATION OF ACTION BY THE CAPISTRANO VALLEY WATER DISTRICT BOARD OF DIRECTORS On February 4, 2003 the Capistrano Valley Water District Board of Directors met regarding: "Acknowledgment of Dissolution of the Capistrano Valley Water District." (Item No. Cl) The following action was taken at the meeting: Dissolution of the Capistrano Valley Water District fo rnaly acknowledged, received and filed; and staff directed to transfer title of all assets from the name of the Capistrano Valley Water District to the City of San Juan Capistrano If you have any questions regarding this action, please contact Cindy Russell, Administrative Services Director at 443-6301 for more detailed information. i Thank you,, v l.� M4 an, CMC CI of e Board Cc: Mr. Dana Smith, Local Agency Formation Commission*:Idindy Russell, Administrative Services Director FEB - 5 21103 is San Juan Capistrano: Preserving the Past to Enhance the Future 32400fPA6¢O AmLAwo i ® THE CITY Cd AIEMBEiiB OF YiCL SAN JUAN Gn6TRAN0,GA 92675 a OW/ELU NONE (949)493-1171 • , ,,,, 1llp COLLEECMPfifiL (949)493-1053(FAX) Un �aH� www.sanJuancapistraw.org • • uaw M.a� CITY MANA a GOOME HCAMOROMH January 23, 2003 Mi;. Dana M. Smith Local Agency Formation Commission 12 Civic Plaza, Room 235 Santa Ana, CA 92701 Re: Recordation of the"Merger of the Capistrano Valley Water District and the City of San Juan Capistrano" (RO 96-15) Dear Mt. Smith, In response to your letter dated January 16, 2003, staff has contacted Mr. leen Lee and requested that the dissolution date be extended at least thirty days. This time is necessary to allow the Water District Board of Directors to formally acknowledge the dissolution and allow the City Council to constitute the Water Advisory Commission, a District commission, as a commission of the City of San Juan Capistrano. Mr. Lee has indicated that March 3, 2003 would be an acceptable date for the recording of the Certificate of Completion for the project. This letter is to confirm March 3, 2003 as the date for final dissolution. Please contact Cindy Russell at(949) 443-6301, if you need any additional information. jly, ugh n rM w hIMVA'aW ls$M1AFCO-0isw AMVVp0 San Juan Capistrano: Preserving the Past to Enhance the Future ✓A 1 ' Cil Local Agency Formation Commission Orange County January 16,2003 CHAIR rCrsR II KTOG George Scarborough,City Manager COUNCILMCITY OF LAC=E FOREST City of San Juan Capistrano 32400 Paseo Adelanto IR AICE RLENESCCHAFRR San Juan Capistrano, CA 92675 DIRECNR s�r RYDIIsrRicr SUBJECT: Recordation of the "Merger of the Capistrano Valley Water District and the City of San Juan Capistrano"(RO 96-15) RANDAL J.SRBSSVffB COUNCILMAN CITY OF LAGUNA HILLS Dear Mr. Scarborough: CYN MIA P.COAD SUPERVISOR FOURTHDISTRICr Over the past year and a half, we have been working with staff from your public CHAworks and finance departments to conclude the"Merger of the Capistrano Valley SUPERVISOR Water District and the City of San Juan Capistrano" (RO 96-15). The POWDITIRICT Commission approved the merger on September 2, 1998 subject to a number of SUSAN WILSONterms and conditions, including several that required the execution of various REPRESEMTATIVEOF contractual agreements. Last year, your staff sent a packet of documents that GENERAL PUBLIC satisfied all of LAFCO's terms and conditions but requested that LAFCO delay JOHN R WITHERS the recordation of the merger until the City was able to complete its bond issuance DIRECTOR process for CV WD. Your staff subsequently informed us that that process was atVINBD%STPJ RANCH WATER complete but requested that we continue to dela recordation of the DISIrI� ntp eq y merger until a few loose ends could be tied up. ALTERNATE ROBERTBOUHR MAYOR AAYWe would like to wrap up the merger and will be recording a Certificate of Cry OF LACUNA WOODS Completion for the project on Wednesday, January 29, 2003. If for any reason ALTMATE the City would like LAFCO to continue to further delay recordation of the RV,ONDA M%CUNB merger, please contact me or my staff before that date. Also, please be assured RSPRBSGENERALLPPUBLIC of that the terms and conditions approved by LAFCO for the merger provided for a smooth transition from District to City, including the transfer of assets, bonded ALTERNATE indebtedness, etc. JAMES W.SILVA SUPERVISOR BOND DISTRICT If you have any questions or concerns, please feel free to contact either Ken Lee ALTERNATE (klee(a)orange.lafco.ca.gov) or myself (dsmith oran¢e.lafco.cagov), at.,(714) ---_ CHARLEY WILSON 834-2556. r1 LRRECIDR SANTA DMTGARITA YYI R�r eg 3 �D cd n� 1,� L;! , % WATER DISTRICT Sincerely, ' �! � JAN 2 0 2003 I,,',h ii DArtA M.SMrfH (^' ° I u EXPOLMVEOFFICER Dana M. Smith lea,3 Executive Officer X�iJt�y .f? L'oirlrn�ivTs �°.l.L`�S.�i '/OSP 7V �03 12 Civic Center Pbna,Room 235,Santa Ana,CA 92701 (714)834-2556 FAX(714)834-2643 JAN 17 2003 hupJ/www.oamr-lafco.mgov 12-14-04 15:17 From-Oranss County LAFCO 7148342643 T-480 P 002/007 F-536 R096-15 RESOLUTION OF THE LOCAL AGENCY FORMATION COMIVIISSION OF ORANGE COUNTY,CALIFORNIA MAKING DETERMINATIONS AND APPROVING A ZERO SPHERE OF INFLUENCE FOR THE CAPISTRANO VALLEY WATER DISTRICT, AND THE MERGER OF THE CAPISTRANO VALLEY WATER DISTRICT AND THE CITY OF SAN JUAN CAPISTRANO September 2, 1998 On motion of Commission Huwtley, duly seconded and carried,the following resolution was adopted: WHEREAS, the proposed merger of the Capistrano Valley Water District and the City of San Juan Capistrano, designated as "City of San Juan Capistrano and Capistrano Valley Water District Reorganization"-(RO96-15),in the County of Orange was heretofore filed with and accepted for filing on June 3, 1998 by the Executive Officer of this Local Agency Formation Commission pursuant to Title 5, Division 3,commencing with Section 56000 et seq of the Government Code; and WHEREAS,the Executive Officer,pursuant to Government Code Section 56838 set September 2, 1998 as the heating date of this proposal;and WFIEREAS,the Executive Officer,pursuant to Government Code Section 56833 has reviewed this proposal and prepared a report including her recommendation thereon,and has furnished a copy of this report to each person entitled to a copy;and WHEREAS,the proposal consists of the merger of the Capistrano Valley Water District and the City of San Juan Capistrano and the designation of the City as the successor agency to the District; desigrmtion ofa zero sphere of influence for the Capistrano Valley Water District,annexation of parcels I and 3 to the Moulton Niguel Water District,annexation of parcel 4 to the South Coast Water District, and a request for approval of an out-of-agency service agreement for parcel 2;and WHEREAS,this Commission at a hearing held on September 2, 1998 considered the proposal and the report along with the proposal and report of the Executive Officer,and considered the factors determined by the Commission to be relevant to this proposal, including, but not limited to, factors specified in Government Code Section 5684I; and Resolution No. R096-15 1 12-14-04 15:17 From-Oranse County LAFCO 11483/2643 T-460 P 003/007 F-536 WHEREAS,this Commission called for and held a public hearing on the proposal on September 2, 1999,and at the hearing,this Commission heard and received all oral and written protests,objections and evidence which were made,presented or filed,and all persons present were grim an opportunity to hear and be heard with respect to this proposal and the report of the Executive Officer,and WHEREAS,the Executive Officer determined that the project is categorically exempt firm the California Environmental Quality Act(CEQA)as a reorganization oflocalgovernment notcbengingthe geographical area in which previously existing powers are exercised(Class 20;State CEQA Guidelines Section 15320). NOW,THEREFORE,the Loral Agency Formation Commission ofthe County ofOrauge based on the findings, discussion and conclusions set forth in the Executive Officer's report, which is mcorpaseed herein by this reference, DOES HEREBY RESOLVE, DETERMINE and ORDER as follows; Section 1. The sphereofinAaenceoftheCapistramValleyWaterDistriictisherebyamended to a"zero"designation, and the attached Statement of Determinations is hereby adopted Section 2. 'The merger of the Capistrano Valley Water District and the City of San Juan Capistrano is hereby approved, subject to the following terms and conditions contained herein: a) The effective date shall be ffie date ofrecordation. (Govt Code Sect.56844(p)). b) A signed agreement between the City of San Juan Capistrano and the successor agency to the South Coast Water District shall be submitted to LAFCO. The agreement shall address the provisions governing and regulating the continued provision of water service to Parcel 4,the arca located in the City of Dana Point and currently served by the CV WD (Govt Code Sect 56g44(v)). c) The City of San Juan Capistrano sball submit to LAFCO a signed agreement between the City of San Juan Capistrano and property owner of Parcel 2, the Schuller Ministries, regarding the provisions governing and regulating the provision of water service to Parcel 2 through an am-of-agency contract d) The Moulton Niguel WaWDistrictsball submit toLAFCO aresohrtionrequesting annexation of Parcels 1 and 3. LAFCO shall agree to waive its fees for the Resolution No_ 8096-15 2 12-14-64 15:17 Fraa-Oranse County LAFCO 7146342643 T-465 4 664/66T F-536 processing of the annexations {Govt. Code Sect. 56844(v)). e) The City of San Juan Capistrano shall be the successor agency to the functions, asses(including cash on band and monies due but uncollected),liabilities,debts, contracts,obligations,enforcement and responsibilities oftbe CV WD.Funds held in bust by the CV WD for a prescribed purpose shall only be used by the successor for said prescribed purpose.All delinquent fees,charges and any other collection or assets which accrue shall accrue and be transferred to the successoragency.Any assessment levied on behalf of the CV WD or any bills or statements rendered by or on behalf of the CV WD shall continue to be a debt or obligation of the of the person or property against whom they were levied,assessed or rendered unless relieved by the City of San Juan as successor agency prior to the recordation date (Govt. Code Sect 56944(m)),- f) 6844(m));f) All teal or personal property and appurtenances held by the CV WD as of the effective date ofthis reorganization shall be transferred to the successor agency (Govt. Code Sect. 56844(h)); g) The successor agency has the discretionary authority to impose and collect all charges, fees and or assessments previously approved by the CV WD. Nothing in these terms and conditions shall be deemed to limit the ability of the City Council of the City of San Juan Capistrano to establish and levy charges, fees and/or assessments as it determines necessary(Govt Code Sect 56844(t)); h) LAFCO shall retain jurisdiction prior to issuance of the certificate of completion to hear and amend,if necessary,any terms and conditions that require agreement between parties (Govt. Code Sect_ 56844(v))_ Section 3. The territory subject to the reorganization includes the entire am of both the Capistrano Valley Water District and the City of San Juan Capistrano, and is found to be inhabited Said territory is found to be in the County of Orange and is assigned the following distinctive short-form designation: "City of San Juan Capistrano and Capistrano Valley Water District Reorganization"(8096-15). Section 4. The City of San Juan Capistrano is designated as the conducting authority and is hereby directed to conduct proceedings with notice and hearing,pursuant to Resolution No. R096-15 3 f 12-14-04 15:18 FrwOranss County LARD T148342943 T-460 V 005/007 F-536 Government Code Sections 56839(a)and 57081,and in compliance with this resolution. Section 5. The Executive Officer is hereby authorized and directed to mail certified copies of this resolution as provided in Section 56853 of the Government Code. AYES. COA4IlOSIONERS: HUNTLEY, BMOG, WILSON, WITHERS AND STEINER,AND VICE CHAIR SWM AND CHAIR BRESSETTE NOES: NONE ABSTARdED:NONE STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) I,DANA M.SMITH,Executive Officer oftheLocal Agency Formation Commission oforange County. California, hereby certify that the above and foregoing resoluum was duly and regularly adopted by said Commission at a regular meeting thereof,bald an the 2ie day of September 1991L IN WP1"NI W WHEREOF,I have hereunto sett my hand this 2i°day of September, 1999. DANA M.SMITH Executive Officer of the Local Agency Formation Commissim BT ai. la Dana M.Smith F:vaPLb1R0 96•d sVte.rpA Resolution No.R096-15 4 Doewnent No. 6 LETTER OF CREDIT 410307.5 022906 CLD STRADLING YOCCA CARLSON & RAUTH A PROFESSIONAL CORPORATION SAN FRANCISCO OFFICE ATTORNEYS AT LAW 44 MONTGOMERY STREET,SUITE 4200 SAN FRANCISCO,CALIFORNIA 84104 660 NEWPORT CENTER DRIVE,SUITE 1600 TELEPHONE (415)203-2240 FACSIMILE (415)2032255 DIRECT DIAL (949) 725-4053 NEWPORT BEACH,CA 92660-6422 SANTA BARBARA OFFICE JKRAwIEc�Src R.coM TELEPHONE(949)7254000 3D2 OLIVE STREET SANTA BARBARA,CALIFORNIA 93101 FACSIMILE(949)7254100 TELEPHONE (905)564-0065 FACSIMILE (80 5)5641044 January 8, 2003 VIA FEDEX Ms. Cynthia L. Russell Administrative Services Director Capistrano Valley Water District 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Re: $31,555,000 San Juan Basin Authority Lease Revenue Bonds (Ground Water Recovery Project)Issue of 2002 Dear Cindy: Please find enclosed the original `Irrevocable Letter of Credit' issued by Bank of America in connection with the closing of the above-referenced financing, for your safekeeping. Very truly yours, STRADLING YOCCA CARLSON&RAUTH Judie Krawiec Senior Public Finance Paralegal Enclosure DOCSOC\9442620\22658.0017 BankofAmerica IRREVOCABLE LETTER OF CREDIT January 8, 2003 Capistrano Valley Water District 32400 Paseo Adelanto San Juan Capistrano, California 92675 Ladies and Gentlemen: 1. At the request and for the account of Southwest Water Company, a Delaware corporation, Bank of America, N.A. (the `Bank") hereby establishes in your favor our direct-pay irrevocable Letter of Credit No. 3053326 (the"Letter of Credit"), in the amount of Three Million Four Hundred Thirty Thousand Dollars ($3,430,000) (the "Stated Amount"), effective immediately. Capitalized terms used but not defined herein are used as defined in the Service Contract referred to below. 2. We hereby irrevocably authorize you to draw drafts on us at sight in accordance with the terms and conditions hereinafter set forth. The aggregate amount drawn hereunder shall not exceed the Stated Amount. 3. This Letter of Credit is efffective immediately and will initially expire on January 8, 2004 (the "Stated Termination Date"). The initial Stated Termination Date shall be automatically extended each year thereafter for an additional year unless the Bank 'gives written notice to you at least 120 days prior to the then current Stated Termination Date of its intention not to extend the Stated Termination Date beyond the current Stated Termination Date. 4. Subject to the foregoing and the further provisions of this Letter of Credit, a demand for payment may be made by you by presentation to us of your sight draft, accompanied by your written and completed certificate, signed by you, in substantially the form of Annex A hereto (such certificate being your"Drawing Certificate"), in an amount not exceeding the Stated Amount, representing amounts payable to you by ECO Resources, Inc., a Texas corporation (the "Company") under and pursuant to the Service Contract for Design, Construction, Financing and Operation of the San Juan Basin Desalter Project, dated September 3, 2002, between the Company and the Capistrano Valley Water District, Orange County, California (the "Service Contract") 5. Each sight draft drawn under this Letter of Credit must bear on its face the clause "Drawn under Irrevocable Letter of Credit No. 3053326." Bank of America,N.A. Trade Operations Mail Code,CA9 703-19 09 1 333 S,Beawtry Avenue,191h P000n,Los A,el-,CA 90019 0035-0201NSB 9,1999_CA919 Bankof America 6. Demand for payment may be made by you under this Letter of Credit prior to the expiration hereof at any time during the Bank's business hours at its address at 333 South Beaudry Avenue, 19`h Floor, Standby Letter of Credit Department, Los Angeles, California 90017, on a Business Day (as hereinafter defined). As used herein, the term "Business Day" means a day in which the Bank at our aforesaid office is opened for the purpose of conducting commercial banking business. We hereby agree that all sight drafts drawn under and in strict conformity with the terms of this Letter of Credit will be duly honored by us upon delivery of the sight drafts and certificates. If we receive any of your sight drafts and certificates, all in strict conformity to the terms of this Letter of Credit, at our aforesaid office not later than 9:00 a.m., California time, on a Business Day on or before the Stated Termination Date hereof, we will honor the same by 5:00 p.m., California time, on the same day in accordance with your payment instructions. If we receive any of your sight drafts and certificates, all in strict conformity to the terms of this Letter of Credit at such office after 9:00 a.m., California time, on a Business Day, on or before the Stated Termination Date hereof, we will honor the same not later than 5:00 p.m., California time, on the next succeeding Business Day in accordance with your payment instructions. If requested by you, payment under this Letter of Credit may be made by Federal Reserve Wire Transfer of funds to your account in a bank on the Federal Reserve Wire Facility or by deposit of same day funds into a designated account that you maintain with us. 7. The Stated Amount shall be reduced automatically by the amount of each drawing hereunder. 8. This Letter of Credit is transferable in its entirety (but not in part) to your transferee and may be successively so transferred. Transfer of this Letter of Credit to such transferee shall be effected upon the presentation to us of this Letter of Credit accompanied by a certificate in the form of Annex B attached hereto. 9. Only you (or a transferee as provided in paragraph 8 hereof) may make a drawing under this Letter of Credit. Upon the payment to you or your account of the amount specified in a sight draft drawn hereunder, we shall be fully discharged of our obligation under this Letter of Credit with regard to that payment, and we shall not thereafter be obligated to make further payments under this Letter of Credit with regard to that payment to you. 10. This Letter of Credit, except as otherwise stated herein, in subject to International Standby Practices 1998, International Chamber of Commerce Publication 590 1998 (the "ISP98") and shall be governed and construed in accordance with the laws of the State of California and applicable U.S. federal law. 11. Communications with respect to this Letter of Credit shall be in writing and shall be addressed to us at our address at Bank of America, N.A., Trade Finance Services, Mail Code CA9-703-19-23, 333 South Beaudry Avenue, 19th Floor, Standby Letter of Credit Department, Los Angeles, California 90017, specifically referring to the number of this Letter of Credit. B.us of America,N.A. Trade Operahons Maul Code CA9 703-t9-09 2 333 S.Bcaudry Avenue,19th Floor,Los Angeles,CA WO 17 00-35020INSB 9-1999 CA919 Bankof America -*Pp� 12. This Letter of Credit sets forth in full our undertaking and such undertaking shall not in any way be modified, amended, amplified or limited by reference to any document, instrument or agreement referred to herein (including, without limitation, the Service Contract), except only the certificates and sight drafts referred to herein and ISP98; and any such reference shall not be deemed to incorporate herein by reference any documents, instrument or agreement, except for ISP98, such certificates and sight drafts. Very truly yours, BANK OF AMERICA, N.A. By: Name: Sandra Leon Title: Vice President B�� Name: Mazgazet Kwiatek Title: Vice President Bank of America,N.A.Trade Operations Mall Code.CA9703-19 09 3 333 5 Bwodry Avenue,l9th Floor,Los Angeles,CA 90019 00-3o 0201NSB 91999 CA919 Bankof America 4%� ANNEX A TO IRREVOCABLE LETTER OF CREDIT CERTIFICATE FOR DRAWING IN CONNECTION WITH PAYMENT OF AMOUNTS UNDER THE SERVICE CONTRACT Irrevocable Letter of Credit No. 3053326 The undersigned, a duly authorized representative of the Capistrano Valley Water District, Orange County, California(the `Beneficiary"), hereby certifies to Bank of America, N.A. (the`Bank"), with reference to Irrevocable Letter of Credit No. 3053326 (the "Letter of Credit"; terms defined therein and not otherwise defined herein being used herein as therein defined) issued by the Bank in favor of the Beneficiary, as follows: 1. The Beneficiary is a party to the Service Contract for the Design, construction, Financing and Operation of the San Juan Basin Desalter Project, dated September 3, 2002 (the "Service Contract") by and between the Beneficiary and ECO Resources, Inc. (the "Company") regarding the design, construction, financing, start-up acceptance testing, operation, maintenance, repair, replacement and management of the Beneficiary's water treatment plant in the City of San Juan Capistrano. 2. The Beneficiary is making a demand for payment under the Letter of Credit in the amount of $ and such amount does not exceed the Stated Amount. 3. The Beneficiary hereby certifies as follows (insert those which are applicable): (a) Delay liquidated damages, not in the aggregate to exceed the Stated Amount, are due and payable, and have not been paid, by the Company under the terms and conditions of Section 7.9 of the Service Contract. (b) The Beneficiary has terminated the Service Contract pursuant to Section 13.2 of the Service Contract in accordance with the procedures and requirements of such Section, Section 15.3 and the other applicable provisions of the Service Contract, and the Beneficiary has determined that the amount set forth above represents the estimated damages suffered by the Beneficiary,not to exceed the Stated Amount. (c) The Letter of Credit will expire within 30 days, and the Letter of Credit has not been extended, renewed or replaced in accordance with Section 15.3 of the Service Contract. The amount set forth above represents the full Stated Amount. (d) The Company or the Guarantor has filed a petition of voluntary bankruptcy under the Bankruptcy Code, the Company or the Guarantor Bank,f A.e,,,.,N.A. Trade O,.ions Mail C.& CA9-703-19 09 4 333 S.Bc.dry Avenue,19th Flom,Los Angeles,CA 9 17 0035.0201NSB 9-1999_CA919 Bankof America APO- has consented to the filing of any bankruptcy or reorganization petition against the Company or the Guarantor, or the Company or the Guarantor has filed a petition to reorganize the Company or the Guarantor pursuant to the Bankruptcy Code. The amount set forth above represents the full Stated Amount. (e) A court of competent jurisdiction has issued an order appointing a receiver, liquidator, custodian or trustee of the Company or the Guarantor or of a major part of the Company's or the Guarantor's property, respectively, or a petition to reorganize the Company of the Guarantor pursuant to the Bankruptcy Code has been field against the Company or the Guarantor, and such order has not been discharged or such filing has not been dismissed within 90 days after such issuance or filing. The amount set forth above represents the full Stated Amount. 4. Payment of the amount described hereby shall be made by wire transfer to the following account: [wire transfer instructions). IN WITNESS WHEREOF, the Beneficiary has caused this certificate to be executed and delivered by its duly authorized representative as of this day of 20. THE CAPISTRANO VALLEY WATER DISTRICT By: Title: Bank of America,NA.Trade Operations Mail Code CA9A03-1909 5 333 S.Beaudry Avenue,19th Class,Los Angeles,CA 90017 00-35-0201NSB 9-1999 CA919 BankofAmerica 4%� ANNEX B TO IRREVOCABLE LETTER OF CREDIT TRANSFER CERTIFICATE Bank of America, N.A. Trade Operations Center Mail Code CA9-703-19-23 Standby Letter of Credit Department 333 South Beaudry Avenue, 19t`Floor Los Angeles, CA 90017 RE: Irrevocable Letter of Credit No. 3053326 Ladies and Gentlemen: For value received, the undersigned Beneficiary hereby irrevocably transfers to [Name of Transferee] [Address of Transferee] all rights of the undersigned Beneficiary to draw under the above Letter of Credit in its entirety. By this transfer, all rights of the undersigned Beneficiary in such Letter of Credit are transferred to the transferee and the transferee shall have the sole right as the Beneficiary thereof, including sole rights to any amendments whether increases or extensions or other amendments and whether now existing or hereafter made. All amendments are to be advised directly to the transferee without necessity of any consent of or notice to the undersigned beneficiary. Such transferee is a permitted transferee under such Letter of Credit. The Letter of Credit is returned herewith, and we ask you to endorse the transfer on the reverse thereof, and forward it directly to the transferee with your customary notice of transfer. SIGNATURE AUTHENTICATED THE CAPISTRANO VALLEY WATER DISTRICT (Bank) By: (Authorized Officer) Title: BankofAoo,'c.,N.A. (lade Operations Mall CO& CA9-]03-19-09 6 333 5.Braudry Avrnue,19th Floor,Los Angeles,CA 90011 0035-020INSB 9-1999 CA919 loo Bud t NVOAS-0i MORE lie-MIA adit:Eo Eo-Lo-Uer Psalsssil ARTHUR J . GALLAGHER & CO . INSURANCE BROKERS OF CALIFORNIA, INC. 505 North Brand Boulevard, Suite 600, Glendale. California 91203-39" Main Phone: (818)539-2300 Corporate Ucense: 0726293 Main Fax: (ilia)539.23ni DATEt January 7.2003 if OF PAGES 5 FAX TO: FROM: Tom Tekulve Dani Triandos Company: o/o Vanise Herring Phone (818) 539-1416 Fax # 5tradling, Yocca, Carlson 8 Raugh Fax (818)539-2301 Phone# (949)72S-41 00 g E-Mail: Dani_triandoaGajg.com RE: Southwest Water Company Vg ECO Resources, Inc. Dear Tom: As requested,attached please find a fax copy of tho invistxl certificate of insurance for the City of San Juan Capistrano. The original is being sent out via overnight mail today to Ms.Honing as requested. If you should have at]y questions or need further assistance,please do not hesitate to contact nor of eft. y,t- Senior Account Manager Phone(818)539-1416 Fax(818)539-2301 Dani_t dandos 6ajg.com CONEMENTALITY NOTICE, The documents aeeomponying this t*/=W transn"on eontakus confideneW informdbn belonog to 8w Nnder whkh k pdvileyed. TMa Infomia0on Is Intanded only for tlw um of ttw frodivMual orendgq named above. n you are not Me Ma rwad reolplent you are hereby no~nkat any disclosure. copying, dishibutian or hWng of any action in rabance on tMs tNeaopy is prohlbMod ff you have moshrod this telecopyin error,please phone us at the numbershown above. S6iT0'd 98Z60PE sTe •off 8 a3HMn-roe •r tiflHIW 9z:sT 20ez-42-rror NO ON 9 MAS-01 98ZBOYE 819-ESId Id11:90 60-10-ser IIIAIBDIa AC CERTIFICATE OF LIABILITY INSURANC oP "'O1;'momm 03 PRODUCER THIS C8 FIC TE 15 ISSUED OF IWORMATION Arthur J. Ga11aDLer a CCWDHuW ONLY AND CONFERS NO RIGNIM UPON THE OaMnOATS LiCanea #0726993 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 505 N.araad Blvd, Suite 600 ALTER THE OOVERACIS A"ORDPA 6Y THE POUCIE6 DtLDEY. Glendale CA 91203-3944 Pu—esSIS-539-2300 PaKiS1S-539-2301 INSURERS AFFORDING OOVERAGE INSURER A: Granite State Xnauranoe C0 INSURER B: Luriah Inoura=qk_qcWazW Ame�oaurr=ceeaaaZOO.e re INSURER C: pati. Union FiIna Cc of PA @iiR'sLWdj1ra Cae9'1791, Ste. 200 meunaD. auriah Amsricaa Las iraIIOa Co. NAl IMRI P COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDIOATID.NOTWITHSTANDING ANY MMOUREMEMr.TERN OR CONODION OF ANY CONTRACT OR OTHER DOOUMCNr WITI I AMPECT TO WHICH TMID OOlT09GNM MAY N'14"uw UN MAY PERTAIN.THE INSURANCE APPORDED BY THE POLICIES DESCRIBED MEIN IS SUBJECT TO ALL THE TERMS,EXCLUBONS AND CONDITIONS OF SUCH POUWJrA AOGROMAT!LIMMV MHO"MAY IUWC DCCT REDUCED MY PAID OWMIL TYMSM lR911MwNC! POLICY NUAIlN w M T LIMAS GENRALLL40UTY EAC#OOMMOUPCG Al 000 000 A X coNMURTOALCLAIMSILRY LX5343763-01 09/01/02 09/01/03 FftOAMA9E MINIM 21,000,000 CLAIMS MACE Z OCCUR MED EXP WW"pomm) 3 51000 X V011uclaw. Llab. $10000,000 LXXXT PERSONAL A ADV!LAMES 81,000,000 Z PL-CLhzw > $250,000 DZDOCTISLa GENERALAGGREGAYE $2,000.000 OWL AGORSRATF I MMT AM HMS PER; FRODUMS•OOMPMFAOO $2,000,000 IOLIOV Fz7jLOo AUTOMOBILE UAmLnrV N X ANY AUTO RAP9298933-02 (AOS) 09/01/02 09/01/03 coME sNeuLNR s 1 000 IIA ML'IaIA) r •DOD ALL OWNED AUTOS TAF9299956-02 (TX) 09/01/02 09/01/03 8001LY NANY !OHlDULLD AUTOC po�"T = x HIREDAUTOE DOD Rr INJURY X NON-OWNED AUTOS IPl,�,,,0 S PROPPy OAAAGtUWLIII AUTO ONLY-EAACCOENT S MWAUTO OTHER PAAOO I AITOONLY: ACO M EXOIESLIMMM EACH OCCURRENCE $10.000,000 C X oDom UawMSMADE MJL399640 09/01/02 09/01/03 AGGREGATE 110 000,020 s twluR;lAw.Y i MlTeVTgN I S WORKERS COMPENSATION AND X D WNAV9WLIABILITY WC2795955-04 09/01/02 09/01/03 E.L.EACHAeaoarr si 000,000 EL DISEASE•EA EMPLOYEE1000,000 E.L.DISEASE•POLICY LEAr 01 000 000 O"Oft D Profaesicaal ZOC 3765163 09 11/00/02 13./08/03 Limit $2,090,000 wiliFinbility TION OF OPIgA B MExcLUNONS AMID BY OLO@eW WT PWVISONB *SO DAY XoTZCN Or CAWCMXJ*TX()U FOR DJONPAT12XT OF PRIME=. ALL POLICY TBRND, COIEDI'TZOIIES. LZ1KZMLTZOIQS AND aZCSIIEZOas APPLY. ***Description per attached NOTEPAD Addendum*** CERTIFICATE HOLDER Y I ADDITIONAL NsuR®:NSUNER LETTIFt.1L. CANCELLATION CITYOFD SHOULD ANY OFTHI ABOVE DeIoaM POLICIES BE CAMOELED BEFORE TNE EXPIRATION DATE THEREOF,THE ISSMNU NBUFUM WILL ENDEAVOR TO MAIL 30* aAVSWNRer City of Baan On= Capiatsaao NCTICe IO IMM GeH/RRCATE HOLDIN NAI®TDTNE LEA.BUT PAILURETO 00 W SHALL AttnT cinft Russell IMPOSE NO CPU"MON OR uwM "Of ANY HND UPON TNM NM 32400 YaseO Adelant0 uwMR.TrsAIINnoR Dan Jnea Capistrano CA 92675 REPRKSINTADVEL lNTA71YI . . AOORD Bba JI'n OACONO ODRPORATION IM 50/z0'd qsz6on BTB 'M B 83HOU71 9 'f 2pHINU 9z:ST £00z-40-wir too sped 9 MAS-0i SUBOVE 819-03jd MI1I:60 so-LO-Uer PBA18308 %xim;z a'Q City, tjry a,iinsureds an endorsement Subrogation as attached. , • The Deductibles under all policies do not apply to the Additional 3MAUZ,Mft • Who Medical Zureade ZA-41; wader General Liability is without; regard to legal liability. Any claim in excumm of $5,000 Automatically transfers to the "Bodily XnJUZ7" limit Of 41#000p000 • The Certificate Helder eased an an A"LtLonal insured has been endorsed to SCO Remowces, Ina. In "South est Water Ccapanym General Liability policy • Disregard standard form disclaimer language LndiwaftLag *for informational purposes only" qa/m qemm eTe 'CD 8 N3HEKTRM *f HrHINU a:ST ZOOE-La-wr 100 abed 9 113AS-e1 99ze016 ale-Wold WJ11:60 90-10-Uef PaA1eee1 POLICY NUMBER: LX6343763-01 COMMERCIAL GENERAL LIABILITY CO 24 04 30 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ 7T raltEFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL L1Ati11il'11Y CUVERAGE PART SCHEDULE Name of Person or Organin on: The Dlch4 t,the Board of Directors of the Dbtric4 the City,the City Council and each of their regmdve offlcera,officiab,aganG, volunteers and amloyses (If no entry appears ahnvn, information required to complete thio endorsement will be shown in the Declarations as applicable to this endorsement. ) The TAANSFZR OF RIORTO OF nnCOVISRY AGAINST OTHERS TO US CondlLlun (Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS) in amended by the addition of the following: We waive duly tiyLL of Zvuuvuty we may have against the person or orgsnizatinn Fhnwn in the Schedule above because of paymonte we make for injury or damage arising out of your ongoing operations or •your work" done under a contract with that person or organization and included in the "products-campleted operations hazard" . This waiver applies only to the percon or oreanination shown in the Schedule above. CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 50/40'd 98Z60d£ 8t8 00 8 H 7-M 'f N'9 l8t) LZ:SZ OW-L9- Ur 900 wed 9 Meove ale-rid idire0 to-i0-uer PGAI620N POLICY NUMBER- LXD6343763-01 COMMERCIAL GENERAL_LIABILITY THIS ENDORSEMENT CHANOES THE POLICY.PLEASE READ rr CARiit+ULLY. ADDITIONAL INSURED••DESIGNATED PRIMON OR ORGANIZATION This endoi6eu,oul usx1i6os insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organisadon: The District,the Board of Directors of the District,the City,the City Council and each of their respective otncare,otllelals,agents, volunteers and ewployees (If no entry appears above,infortnation 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 organizaticm ahnwn in the iiehnclule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. CG 20 26 It 85 Cupyright.Insurance Services Office,Inc., 1984 S6/S0'd %z60t+£ 8Te 'M 8 ids IlM 'r WHINU LZ:ST £00Z-L0-Wr UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 10-Q (Mark One) X QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d)OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended September 30,2002 OR _TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d)OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission file number: 0-8176 —�� Southwest Water Company (Exact name of registrant as specified in its charter) Delaware 95-1840947 (State or other jurisdiction of (I.R.S. Employer incorporation or organization) Identification No.) 225 North Barranca Avenue, Suite 200 West Covina,California 91791-1605 (Address of principal executive offices) (Zip Code) (626)915-1551 (Registrant's telephone number,including area code) Indicate by check mark whether the Registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the Registrant was required to file such reports), and(2)has been subject to such filing requirements for the past 90 days. Yes X No— Indicate o_Indicate the number of shares outstanding of each of the issuer's classes of common stock, as of the latest practicable date. On November 12, 2002,there were 9,286,017 common shares outstanding. SOUTHWEST WATER COMPANY AND SUBSIDIARIES INDEX Part I. Financial Information: Page No. Item 1. Financial Statements: Condensed Consolidated Statements of Income - Three and Nine Months Ended September 30, 2002 and 2001 1 Condensed Consolidated Balance Sheets- September 30,2002 and December 31, 2001 2 Condensed Consolidated Statements of Cash Flows - Nine Months Ended September 30, 2002 and 2001 3 Notes to Condensed Consolidated Financial Statements 4 Item 2. Management's Discussion and Analysis of Financial Condition and Results of Operations 8 Item 3. Quantitative and Qualitative Disclosures About Market Risk 14 Part II. Other Information: Item 1. Legal Proceedings 15 Item 4. Submission of Matters to a Vote of Security Holders 16 Item 6. Exhibits and Reports on Form 8-K 16 Signatures 17 PART I-FINANCIAL INFORMATION :tem I. Financial Statements Southwest Water Company and Subsidiaries CONDENSED CONSOLIDATED STATEMENTS OF INCOME (unaudited) Three Months Ended Nine Months Ended September 30, September 30, 2002 2001 2002 2001 (in thousands except per share data) (in thousands except per share data) Operating Revenues $ 34,574 $ 32,035 $ 95,488 $ 83,088 Operating Expenses: Direct operating expenses 26,934 23,191 73,570 61,738 Selling,general and administrative expenses 3,726 _ 4,358 13,709 12,046 30,660 27,549 87,279 73,784 Operating Income 3,914 4,486 8,209 9,304 Other Income(Expense): Interest expense (1,058) (1,046) (3,277) (2,833) Interest income 163 8 195 40 Water-related cost reimbursement - - 1,616 - Other (128) 104 1,016 627 (1,023) (934) (450) (2,166) Income Before Income Taxes 2,891 3,552 7,759 7,138 Provision for Income Taxes 1,011 1,279 2,715 2,641 Net Income 1,880 2,273 5,044 4,497 Dividends on Preferred Shares 6 6 20 20 Net Income Available for Common Shares $ 1,874 $ 2,267 $ 5,024 $ 4,477 Earnings per Common Share: Basic $ 0.20 $ 0.25 $ 0.54 $ 0.49 Diluted $ 0.19 $ 0.24 $ 0.51 $ 0.47 Cash Dividends per Common Share $ 0.06 $ 0.05 $ 0.17 $ 0.16 Weighted Average Outstanding Common Shares : Basic 9,272 9,092 9,251 9,046 Diluted 9,885 9,588 9,877 9,500 See accompanying notes to condensed consolidated financial statements. 1 Southwest Water Company and Subsidiaries CONDENSED CONSOLIDATED BALANCE SHEETS (unaudited) September 30, December 31, 2002 2001 ASSETS (in thousands) Current Assets: Cash and cash equivalents $ 1,715 $ 789 Customers' accounts receivable,net 17,178 21,443 Other current assets 11,025 8,939 29,918 31,171 Property, Plant and Equipment: Utility Group property,plant and equipment-at cost 233,193 218,696 Services Group property,plant and equipment-at cost 17,827 14,317 251,020 233,013 Less accumulated depreciation and amortization 65,449 61,889 185,571 171,124 Other Assets 25,975 22,891 $ 241,464 $ 225,186 LIABILITIES AND STOCKHOLDERS' EQUITY Current Liabilities: Current portion of long-term debt and bank lines of credit $ 2,078 $ 5,029 Accounts payable 5,539 6,211 Other current liabilities 19,248 15,127 26,865 26,367 Long-Term Liabilities: Long-term debt 53,491 44,200 Bank lines of credit 5,245 13,863 Advances for construction 7,975 7,482 66,711 65,545 Deferred Credits: Contributions in aid of construction 66,186 53,619 Deferred income taxes 9,040 8,354 Other liabilities and deferred credits 13,493 16,346 Total Liabilities and Deferred Credits 182,295 170,231 Stockholders' Equity: Preferred stock 513 513 Common stock 96 92 Paid-in capital 38,543 37,663 Retained earnings 20,017 16,687 Total Stockholders' Equity 59,169 54,955 $ 241,464 $ 225,186 See accompanying notes to condensed consolidated financial statements. 2 Southwest Water Company and Subsidiaries CONDENSED CONSOLIDATED STATEMENTS OF CASH FLOWS (unaudited) Nine Months Ended September 30, 2002 2001 (in thousands) Cash Flows From Operating Activities: Net income $ 5,044 $ 4,497 Adjustments to reconcile net income to net cash provided by(used in) operating activities 6,290 (3,049) Net cash provided by operating activities 11,334 1,448 Cash Flows From Investing Activities: Additions to property,plant and equipment (13,119) (11,446) Other investments, net (835) (3,530) Net cash used in investing activities (13,954) (14,976) Cash Flows From Financing Activities: Gross proceeds from issuance of long-term debt 10,000 20,000 Contributions in aid of construction and advances for construction 7,527 2,254 Net proceeds from dividend reinvestment plan, employee stock purchase plan and stock option plans 725 533 Repayment of long-term debt (2,209) - Net borrowing(repayment)on bank lines of credit (10,747) (8,422) Dividends paid (1,575) (1,464) Repayments on advance contracts,net of additions (175) (208) Net cash provided by financing activities 3,546 12,693 Net increase(decrease)in cash and cash equivalents 926 (835) Cash and cash equivalents at beginning of period 789 1,379 Cash and cash equivalents at end of period $ 1,715 $ 544 Supplemental Disclosure of Cash Flow Information: Cash paid during the period for: Interest $ 3,559 $ 1,690 Income taxes $ 1,160 $ 1,630 Depreciation and amortization $ 5,279 $ 4,392 Non-cash contributions in aid of construction $ 5,693 $ 899 Non-cash investing and financing activities: Purchase of businesses Fair value of assets acquired $ 9,119 Cash paid (3,530) Notes issued (3,000) Stock issued (1,300) Liabilities assumed $ 1,289 See accompanying notes to condensed consolidated financial statements. 3 SOUTHWEST WATER COMPANY AND SUBSIDIARIES NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS (unaudited) Note 1.—Basis of Presentation Southwest Water Company was incorporated in California in 1954 and reincorporated in Delaware in 1988. Southwest Water Company and our subsidiaries (Southwest Water, the Company, or "we", "us" or "our") provide a broad range of services including water production and distribution, wastewater collection and treatment, public works services and utility submetering. The accompanying unaudited condensed consolidated financial statements have been prepared in accordance with accounting principles generally accepted in the United States of America (US GAAP) for interim financial information and with the instructions to Form 10-Q and Rule 10-01 of Regulation S-X. They do not include all information and notes required by US GAAP for complete financial statements. However, except as disclosed in Note 7 to the condensed consolidated financial statements, there have been no material changes in the information disclosed in the notes to the consolidated financial statements contained in our Annual Report on Form 10-K for the year ended December 31, 2001 (the 2001 Annual Report). The unaudited condensed consolidated financial statements reflect all adjustments which, in our opinion, are necessary to present fairly the financial position of Southwest Water as of September 30, 2002, and our results of operations and cash flows for the periods ended September 30, 2002 and 2001. These adjustments are of a normal recurring nature. Certain amounts in our prior period financial statements have been reclassified to conform to the current period presentation. Note 2. —Operating Segments Our operating structure includes our Services Group and our Utility Group. We have not changed the basis of segmentation or measurement of segment profit or loss from the information reported in our 2001 Annual Report. Our Services Group consists of contract service businesses within which we operate and manage water delivery and wastewater treatment facilities owned by cities, public agencies, municipal utility districts and private entities in Texas, New Mexico, California, Mississippi and Georgia. We also provide contract public works services in Mississippi and Georgia. Nationwide, we provide utility submetering and billing and collection services. Our Services Group companies may be subject to regulatory oversight; however,the pricing of our services is not subject to regulation. Within our Utility Group, we own and operate rate-regulated public water and wastewater utilities in California,New Mexico and Texas. State regulatory agencies oversee the operations of our utilities and establish the rates that we can charge for our water delivery and wastewater services. 4 Information about Southwest Water's operations by operating segments is as follows: Services Utility Total Segment Group Group Information Other Consolidated (in thousands) Nine Months Ended September 30,2002 Revenues from external customers S 55,609 $ 39,879 $ 95,488 $ - $ 95,488 Segment operating profit 1,822 10,224 12,046 (3,837) 8,209 As of September 30,2002 Segment assets $ 48,616 $ 188,735 $ 237,351 $ 4,113 $ 241,464 Nine Months Ended September 30,2001 Revenues from external customers S 46,174 S 36,914 S 83,088 S - S 83,088 Segment operating profit 1,836 10,721 12,557 (3,253) 9,304 As of September 30 2001 Segment assets $ 46,296 $ 172,244 $ 218,540 $ 3,570 $ 222,110 Note 3. —Seasonality Our Utility Group water operations are seasonal because rainfall and weather conditions affect water consumption. The second and third quarters of each year typically account for the highest volume of water consumption when weather tends to be hot and dry. The results of operations for one quarter do not indicate results to be expected in another quarter. Drought conditions may result in lower revenue due to consumer conservation efforts and a shortage of water. Drought conditions may also result in increased water costs to us, which could adversely affect our profitability. Conversely, unusually wet conditions may result in decreased customer demand, lower revenues and lower profit in our utility operations. Utility Group wastewater operations are generally not affected by seasonality. Our Services Group operations can be affected by weather and rainfall. In general,heavy rainfall or storm conditions may limit our ability to perform certain billable work such as pipeline maintenance, manhole rehabilitation and other outdoor services. Severe weather conditions may also result in additional labor and material costs to us that may not necessarily be recoverable from the various cities that have operations and maintenance contracts with us. Note 4. —Earnings Per Share,Stock Options and Stock Dividends We record earnings per share (EPS) by computing "basic EPS" and "diluted EPS" in accordance with US GAAP. Basic EPS measures our performance over the reporting period by dividing net income available to common stockholders by the weighted average number of common shares outstanding during the period. Diluted EPS measures our performance over the reporting period after giving effect to all potentially dilutive common shares that would have been outstanding if the dilutive common shares had been issued. Stock options, convertible debentures and warrants give rise to potentially dilutive common shares. On September 25, 2001, our Board of Directors declared a five percent stock dividend,payable on October 22, 2001 to stockholders of record on October 1, 2001. All per share amounts and numbers of shares outstanding reflect this dividend. 5 Note S. -Balancing Account Our California water utility has recorded a balancing account receivable in the amount of approximately $2,300,000, representing certain uncontrollable costs that we incurred over the past few years. Historically, the California Public Utilities Commission (CPUC) allowed such balancing accounts to be recorded in the income statements of water utilities, with a corresponding liability or asset on the balance sheet. However, on December 1, 2001, the CPUC adopted a resolution that changed its long- standing policies and procedures with respect to balancing accounts, effectively eliminating such accounts for future periods. In April 2002, our California water utility filed a rate case and has applied to recover the $2,300,000 balancing account receivable. During 2002, our California water utility has recognized all water costs as incurred and will attempt to recover these costs in future regularly scheduled rate hearings. Note 6. —Accounting Pronouncements Effective January 1, 2002, we adopted Statement of Financial Accounting Standards (SFAS) No. 142, Goodwill and Other Intangible Assets, under which goodwill is no longer subject to amortization over its estimated useful life. Instead, goodwill is reviewed for impairment on an annual basis (or more frequently if circumstances indicate a possible impairment) by means of a fair-value-based test. As of September 30, 2002, goodwill totaled approximately$14,030,000. The following table provides information about prior goodwill amortization and its impact on basic and diluted EPS. For the Nine Months Ended September 30, 2002 200I Reported net income (thousands) $ 5,044 $ 4,497 Add back: Prior goodwill amortization(thousands)(1) - 102 Adjusted net income (thousands) $ 5,044 $ 4,599 Basic earnings per share: Reported EPS $ 0.54 $ 0.49 Add back: Prior goodwill amortization(1) - 0.01 Adjusted EPS $ 0.54 $ 0.50 Diluted earnings per share: Reported EPS $ 0.51 $ 0.47 Add back: Prior goodwill amortization(1) - 0.01 Adjusted EPS $ 0.51 $ 0.48 (1)Net of income taxes. Effective January 2002, we were subject to SFAS No. 144, Accounting for the Impairment or Disposal of Long-Lived Assets. SFAS No. 144 requires that long-lived assets be tested for recoverability when events or changes in circumstances indicate carrying amounts may not be realizable. SFAS No. 144 does not apply to goodwill impairment, which is accounted for under SFAS No. 142. SFAS No. 144 further clarifies the methods of accounting for assets that are disposed of. We regularly review assets for impairment. The implementation of SFAS No. 144 did not have any effect on our results of operations or financial condition. 6 Nate 7. —Acquisitions AquaSource, Inc. (AquaSource) During the third quarter of 2002, we completed negotiations for the acquisition of a part of AquaSource's water and wastewater contract operations. The acquisition includes AquaSource's contract operations in Colorado and the Houston, Texas, area. We expect the purchase price, after adjustments, to exceed $10,500,000 in cash, and we expect closing of the acquisition to occur in the fourth quarter of 2002. Master Tek International, Inc. (MasterTek) From April 3, 2000 through March 31, 2002, we owned 80% of Master Tek. Under the terms of our purchase agreement, the minority owner of Master Tek may require us to purchase his initial minority interest in 5% increments at a price not to exceed $1,000,000 per year over four years. In April 2002 we paid $1,000,000 to the minority owner for an additional 5% interest in Master Tek in accordance with the purchase agreement, and we may be required to purchase the remaining minority interest over the next three years. Note 8. —Non-Recurring Items Groundwater Settlement The water supply of our California water utility has been affected by the presence of certain groundwater contaminants. These contaminants consist mainly of chemicals disposed of by various industrial companies in the 1940s and 1950s. In 2001and 2002, this contamination necessitated the shut- down of a number of our wells, and we have had to purchase water at a cost substantially higher than the cost of water pumped from our own wells. In May 2002, a settlement was reached among some of the alleged polluters and a number of water companies, including our California water utility. As part of the settlement, in the second quarter of 2002, we accrued income of approximately $1,616,000 and received payments, primarily representing reimbursement of certain water and energy costs incurred in 2000 and 2001. (Additionally, as part of the settlement, we have received payments in 2002 and expect to continue to receive payments in future periods from this settlement for the incremental cost of purchasing water rather than pumping from our shut-down wells. We bill and collect this reimbursement each month, and the amounts are recorded as a reduction of water costs included in direct operating expenses. The settlement also provides capital contributions to construct additional interconnections with other water sources. Funds from the settlement will also be used to develop long-term solutions that will potentially enable us to use our own less costly groundwater supplies in the future). Pension Plan Termination Southwest Water terminated a non-contributory defined benefit plan (the Pension Plan) as of December 30, 1999. In January 2002, the net assets of the Pension Plan were distributed to plan participants as specified by the Employee Retirement Income Security Act and its related regulations (ERISA). Following distribution of approximately $14,400,000 to satisfy the pension benefit obligation and settlement of expenses paid by the Pension Plan in accordance with ERISA, the Pension Plan had excess assets of approximately $1,200,000. Under the provisions of SFAS No. 88, Employers' Accounting for Settlements and Curtailments of Defined Benefit Pension Plans and for Termination Benefits,we recognized a pretax termination gain of approximately$980,000 in the first quarter of 2002. 7 Item 1:Management's Discussion and Analysis of Financial Condition and Results of Operations RESULTS OF OPERATIONS Net Operating Revenues and Operating Income Services Group Services Group operating revenues for the third quarter of 2002 were $19,243,000, an increase of 13% from $16,967,000 in 2001. For the first nine months of 2002, operating revenues were $55,609,000, an increase of 20% from $46,174,000 in 2001. Both the quarter and the year-to-date increases were due primarily to the acquisition of Operations Technologies, Inc. (OpTech) in August 2001. Services Group third quarter and year-to-date revenues increased overall; however, submetering revenues decreased, primarily as a result of a large construction project completed during 2001 with no similar project in 2002. Services Group operating income decreased to $815,000 in the third quarter of 2002, a decrease of 16% from $968,000 in the comparable period of 2001. For the first nine months of 2002, Services Group operating income decreased 1% to $1,822,000 from $1,836,000 in 2001. In the third quarter of 2002, Services Group operating income decreased $153,000 primarily due to significant increases in liability insurance costs, legal expenses,payroll-related expenses and rent expenses. Services Group 2002 operating income for the third quarter and year-to-date reflects the acquisition of OpTech in August 2001; however, decreased operating income from submetering offset much of this benefit because of a large construction project completed during 2001 with no similar project in 2002. Utility Group Utility Group revenues for the third quarter increased 2% to $15,331,000 from$15,068,000 in the comparable period of 2001. Year to date, utility revenues increased to $39,879,000, an increase of 8% from $36,914,000 in 2001. Water operations are seasonal because rainfall and weather conditions affect customer water consumption. Water usage increased 1% for the quarter and 8% overall at our California utility because of hot, dry weather in the third quarter and drought-like conditions during the first nine months of 2002. Water usage increased 1% for the quarter and 4% overall in New Mexico, primarily reflecting a 10%addition of new customers. The effects of a rate increase at one of our Texas utilities also contributed to the increase in operating revenues. Utility Group operating income decreased 21% to $3,707,000 in the third quarter of 2002 from $4,682,000 in the comparable period of 2001. Year to date, Utility Group operating income decreased 5% to $10,224,000 from $10,721,000 in 2001. The decrease in operating income primarily resulted because of the effect of higher water-volume-related expenses for the 2002 periods incurred at our California utility. In addition, in 2001, our California utility was able to defer recognizing certain costs until future rate cases through the use of a balancing account. As of December 1, 2001, the CPUC eliminated the use of balancing accounts which negatively impacted our California utility's operating income. This decrease was partially offset by a rate increase at one of our Texas utilities, which positively impacted operating income. Selling, General and Administrative Expenses Total selling, general and administrative expenses decreased 15% to $3,726,000 during the quarter ended September 30, 2002, compared to $4,358,000 for the comparable period in 2001. Total selling, general and administrative expenses increased 14% to $13,709,000 during the nine months ended 8 September 30, 2002, compared to $12,046,000 for the same period in 2001. In the third quarter of 2002, health-insurance-related expense decreased by approximately $400,000, as we adjusted our liability for unreported claims to reflect current claims activity. Our health insurance plan year ended June 30, 2002. We incurred health claim expenses at a lower rate than anticipated at the beginning of the plan year. Selling, general and administrative expenses increased during the nine months ended September 30, 2002 as a result of increases in liability insurance, payroll-related expenses and marketing and new business development expenses. Reflected in the first nine months of 2002 is approximately $830,000 of marketing and new business development expenses incurred primarily in the second quarter associated with the potential design-build-finance-operate concept for a reverse osmosis water treatment plant in California, expenses related to a potential major new contract in Florida, and expenses related to a possible acquisition. During the third quarter of 2002, certain events occurred with respect to these three initiatives. First, we were unsuccessful in obtaining the major new contract in Florida and we recognized marketing and new business development expenses for the Florida project. Second, we incurred additional marketing and new business development expenses associated with the potential design-build- finance-operate concept for a reverse osmosis water treatment plant in California, bringing our total expenses to date for this project to approximately $614,000. We cannot assure you as to the successful completion of the negotiations relating to this water treatment plant. Finally, we were successful in negotiating the acquisition of the majority of AquaSource, Inc.'s water and wastewater contract operations business. Other Income and Expense Interest Expense Total interest expense increased 1% to $1,058,000, during the quarter ended September 30, 2002, compared to $1,046,000 for the comparable period in 2001. Total interest expense increased 16% to $3,277,000 during the nine months ended September 30, 2002, compared to $2,833,000 in the same period of 2001. The increase reflects interest expense on our 20-year convertible subordinate debentures that were issued in July 2001. This increase was partially offset by decreases in the interest expense on our bank lines of credit because we paid down a portion of our line of credit borrowing with the proceeds from the debentures. Our year-to-date and third quarter interest expense on the bank lines of credit also decreased due to generally lower interest rates in 2002, compared to 2001. The reduction in capitalized interest during the year-to-date and third quarter of 2002, compared to the same periods in the prior year was due primarily to a reduction in company-financed utility projects. The major components of interest expense for the three months ended September 30, 2002 and 2001 are as follows: 2002 2001 (in thousands) Interest expense -convertible subordinate debentures $ 344 $ 270 Interest expense -bank lines of credit 30 193 Interest expense -mortgage bonds and bank term loan 605 597 Interest expense—other 84 57 Total interest expense before capitalized interest 1,063 1,117 Capitalized interest (5) (71) Total interest expense $ 1,058 $ 1,046 9 The major components of interest expense for the nine months ended September 30, 2002 and 2001 are as follows: 2002 2001 (in thousands) Interest expense -convertible subordinate debentures $ 1,025 $ 270 Interest expense -bank lines of credit 340 1,050 Interest expense -mortgage bonds and bank term loan 1,695 1,789 Interest expense—other 327 128 Total interest expense before capitalized interest 3,387 3,237 Capitalized interest (110) (404) Total interest expense $ 3,277 $ 2,833 Water-Related Cost Reimbursement In the second quarter of 2002, we accrued income for a reimbursement of approximately $1,616,000 for water-quality-related expenses incurred in 2001 and 2000. Additionally, in 2002 we received and will continue to receive payments from this settlement for the incremental cost of purchasing water rather than pumping from our shut-down wells. We bill and collect this reimbursement each month and the amounts are recorded as a reduction against water costs included in direct operating expenses. Other In the first quarter of 2002, we recorded a one-time pre tax gain on a pension plan termination of $980,000. This increase in other income was partially offset by amortization of contracts related to the purchase of OpTech in August 2001. Income Taxes Our effective tax rate was 35% for the third quarter of 2002 and the first nine months of 2002, compared to 37% for both comparable periods in 2001. Our effective tax rate was impacted when we recorded a one-time gain on termination of a pension plan, which is excluded from ordinary taxable income. For the calendar year 2002, we expect our ongoing tax rate to be between 33% and 35%. FINANCIAL CONDITION Liquidity and Financial Position Our liquidity is influenced primarily by cash flows from operations, and by capital expenditures at our Utility Group for the addition, replacement and renovation of water and wastewater utility facilities. Our capital resources are used for debt service on our bonds and debentures and are also influenced by investments in new business opportunities, including the acquisition of companies, funding of projects and acquisition of contracts. As of September 30, 2002, we had cash and cash-equivalent balances totaling $1,715,000 and aggregate lines of credit totaling $24,000,000 consisting of three separate unsecured lines of credit from three commercial banks. Two of the lines of credit expire in July 2004. The remaining $4,000,000 line, with no balance outstanding as of September 30, 2002, was renewed in April 2002 and now expires in April 2004. As of September 30, 2002,we had$5,245,000 outstanding on these lines of credit. During the first nine months of 2002 our outstanding line of credit borrowings decreased by $10,747,000. We paid 10 down our lines of credit primarily with the net proceeds of approximately $9,750,000 from a new bank term loan secured by our Texas utility (and discussed below), the cash received as payment for the reverse osmosis plant, and from payments received for water-quality-related reimbursements. We also paid in full our New Mexico utility Series A First Mortgage Bonds in the amount of$2,000,000, and we purchased certain utility property. In addition to our lines of credit, we have excess borrowing capacity under our First Mortgage Bond Indentures of approximately $63,000,000 as of September 30, 2002. However, the additional borrowing available under our current commercial lines of credit is limited by financial covenants that restrict additional borrowing at September 30, 2002 to an amount no greater than the remaining unused credit line amount. Additional borrowing outside our lines of credit requires bank approval. We expect to maintain our lines of credit in the normal course of business. Each of the line of credit agreements contains certain financial covenants. As of September 30, 2002,we were in compliance with all applicable covenants of each of the line of credit agreements. We anticipate that our available line of credit borrowing capacity and cash flows generated from operations will be sufficient to fund our activities during the next 12 months. If we were unable to renew our existing lines of credit, our capital spending or acquisitions would be reduced or delayed until new financing arrangements were secured. Such financing arrangements could include seeking debt or equity financing through a private placement or a public offering. Similarly, if additional cash were needed to fund an acquisition, financing arrangements could include long-term borrowing or equity financing. Net Cash Flow Provided by Operations In the first nine months of 2002, net cash provided by operations totaled$11,334,000 compared to $1,448,000 in the same period of 2001. Increased cash flows from operations were primarily the result of the collection of significant receivables in connection with the completion of a reverse-osmosis water treatment plant constructed by one of our Services Group companies. In addition, we received approximately $2,000,000 in cash payments for certain water-quality-related expenses incurred in prior years and for prior year capital cost reimbursements. Financing Activities Our financing activities include net proceeds from the issuance of long-term debt, net borrowings on our lines of credit, dividend payments and stock transactions among other items. In August 2002 we entered into a ten-year, $10,000,000 secured bank term loan. The net proceeds of approximately $9,750,000 were used to pay down our bank lines of credit. The term loan bears interest at a rate equal to LIBOR plus 1.75%, with principal payments of$125,000 due quarterly, beginning in November 2002. The note is secured by substantially all of the assets of one of our Texas utilities. On July 20, 2001, Southwest Water issued $20,000,000 of 6.85% fixed rate convertible subordinate debentures, due July 1, 2021, and received net proceeds of approximately $18,890,000 from the sale after underwriting discounts, commissions and other expenses of the offering. The net proceeds from the sale of these debentures were used to reduce borrowings on our revolving bank lines of credit. The debentures are convertible into shares of our common stock at a conversion price of$17.007 per share, and are convertible at any time prior to maturity unless previously redeemed. We may redeem the debentures in whole or in part at any time, at a redemption price of 105% at July 1, 2003 and declining 1% annually to par (100% of face value) after June 30, 2008. The issuance costs of the 11 convertible subordinate debentures in the amount of approximately $1,110,000 are being amortized over 20 years. We are subject to certain financial covenants under the terms of the indenture agreement for the convertible subordinate debentures. As of September 30, 2002, we were in compliance with all applicable restrictions. Investing Activities Our investing activities include company-funded acquisitions of plant and equipment as well as acquisitions. Property, Plant and Equipment During the first nine months of 2002, our additions to property, plant and equipment were $18,812,000, representing an increase of $6,467,000 from 2001. Additions to property, plant and equipment were primarily utility plant for our Utility Group, including new well and transmission lines at our New Mexico utility and the construction of a lift station and force main, and an elevated storage tank at one of our Texas utilities. In addition, we completed expansion of an office building in Austin, Texas. Developers made contributions in aid of construction (CIAC), Living Unit Equivalent (LUE) fees and advances totaling$13,220,000 during the first nine months of 2002, of which $7,527,000 was received in cash and $5,693,000 was received as non-cash contributions of property. Company-financed capital additions were $5,592,000 funded primarily by cash flow from operations. We estimate that our total company financed capital additions in 2002 will be approximately$11,000,000, primarily for utility plant, and that our cash flows from operations, borrowings on our lines of credit and CIRC will fund these additions. Acquisitions Under the terms of our purchase agreement for Master Tek, the minority owner of Master Tek has the option to require us to purchase his initial 20% minority interest in 5% increments at a price not to exceed $1,000,000 per year over four years. The minority owner exercised this option to sell us 5% of Master Tek stock for which we paid $1,000,000 in cash in April 2002. Under the terms of the OpTech purchase agreement, we have the right to acquire the remaining 10% of OpTech after five years based on a formula relating to the profitability of OpTech. In addition, after two years,the minority shareholder of OpTech has the option to sell the remaining 10% of OpTech to us using the same profitability formula which has a minimum threshold of$1,000,000. CRITICAL ACCOUNTING POLICIES We consider certain accounting policies critical in preparing our consolidated financial statements. Certain of these policies require management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of certain contingent assets and liabilities at the date of the consolidated financial statements, as well as amounts of revenues and expenses during the reporting periods. Actual results could differ from those estimates. Our 2001 Annual Report includes detailed descriptions of both our critical and significant accounting policies. The critical estimates and judgments made by management which influence the financial statements include the following: 12 Balancing Account Our California utility has recorded a balancing account receivable in the amount of approximately $2,300,000, representing certain uncontrollable costs that we incurred over the past few years. Historically, the California Public Utilities Commission (CPUC) allowed such balancing accounts to be recorded in the income statements of water utilities, with a corresponding liability or asset on the balance sheet. However, on December 1, 2001, the CPUC adopted a resolution that changed its long-standing policies and procedures with respect to balancing accounts, effectively eliminating such accounts for future periods. We believe that Suburban will be able to recover the $2,300,000 recorded in its balancing account through the rate case filed with the CPUC in April 2002. However, there can be no assurance that the CPUC will allow recovery of all or some of this balance. We have not recorded any allowance against the $2,300,000 asset on Suburban's balance sheet. Collectibility of Customer Receivables We periodically evaluate the collectibility of our customer receivables, and provide an allowance for uncollectible receivables based upon an estimate by management of the amount of receivables that might not be collectible. This estimate is predicated upon a number of factors, including historical receivable write-off experience, a review of customer accounts with past due uncollected balances, probable costs of collection and the general credit worthiness of our customers. During the second and third quarters of 2002, we recorded increases of$200,000 and$25,000, respectively, in our allowance for uncollectible receivables relating to our submetering subsidiary accounts. We believe that our allowance for doubtful accounts is adequate as of September 30, 2002. Inventory We have approximately $2,000,000 of inventories included in other current assets as of September 30, 2001. Our inventories consist primarily of transmitters and related parts used by our submetering business in its construction activities, as well as materials and supplies used in our water supply and wastewater activities. We believe that we have adequate reserves to offset the amount of obsolete inventory as of September 30, 2002. DISCLOSURE CONTROLS AND PROCEDURES Our principal executive officer and principal financial officer are responsible for establishing and maintaining disclosure controls and procedures(as defined in Exchange Act Rules 13a-14 and 15d-14) for Southwest Water, and we have designed such disclosure controls and procedures to ensure that material information relating to Southwest Water, including its consolidated subsidiaries, is made known to us by management within these entities, particularly during the period in which this quarterly report is being prepared. In connection with this, our certifying officers have evaluated the effectiveness of our disclosure controls and procedures as of a date within 90 days prior to the filing date of this Report on Form 10-Q for the quarter ended September 30, 2002 (the September Report). We have presented in the September Report our conclusions about the effectiveness of the disclosure controls and procedures based on our evaluation in November 2002. FORWARD-LOOKING STATEMENTS Certain written and oral statements made by our Company and subsidiaries or with the approval of an authorized executive officer of our Company may constitute "forward looking statements" as defined under the Private Securities Litigation Reform Act of 1995, including statements made in this report and other filings with the Securities and Exchange Commission. Generally, the words "believe," 13 "expect," "intend," "estimate," "anticipate," "project," "will," and similar expressions identify forward- looking statements, which generally are not historical in nature. All statements which address operating performance, events or developments that we expect or anticipate will occur in the future, including statements relating to volume growth, share of sales and earnings per share are forward-looking statements. Forward-looking statements are subject to risk and uncertainties that could cause actual results to differ materially from our historical experience and our present expectations or projections. When made, we believe that these forward-looking statements are reasonable. However, caution should be taken not to place undue reliance on any such forward-looking statements since such statements speak only as of the date when made. We undertake no obligation to publicly update or revise any forward-looking statements, whether as a result of new information, future events or otherwise. The following are some of the factors that could cause our actual results to differ materially from the expected results described in or underlying our forward-looking statements: -Security costs involving the safeguarding of our water supplies, water production and distribution infrastructure against potential terrorist threat; - Weather and seasonality considerations that may subject our Utility Group and Services Group to fluctuations in revenue and/or operating profit; - Highly competitive conditions in our Services Group that may limit or restrict our ability to successfully grow our water, wastewater management and utility submetering businesses; -Loss of or inability to renew Services Group contracts; -Failure to effectively manage our growth; - Inability to secure favorable rate increases for our Utility Group for the rates we charge in our regulated businesses; -The uncertainties of litigation as well as other risks and uncertainties; -Fluctuations in the cost and availability of our water supply; -Contamination of local water supplies in our areas of operation; -Seismic activity. This list is not inclusive as to risk factors that we may experience and you are advised to refer to the discussion in our 2001 Annual Report. Item 3: Quantitative and Qualitative Disclosures About Market Risk We have certain indebtedness that is subject to variable interest rates. As a result, Southwest Water's interest expense is affected by changes in the general level of interest rates. Changes in interest rates affect the interest expense that we will pay on both the lines of credit and on our new bank term loan. The highest interest rate that we could be charged on the lines of credit is the banks' prime rate minus one-quarter percent. Southwest Water is using the favorable low interest rates in the current market. In part to mitigate future market interest rate risk, we completed a $20,000,000, 20-year convertible subordinate debenture 14 offering in July 2001, which bears a fixed interest rate of 6.85% per annum. The proceeds were used to pay down our variable rate indebtedness. Our long-term debentures were sold with a fixed interest rate, and are not subject to market fluctuation of interest rates. Our debentures are convertible into common stock of Southwest Water and, at a certain EPS level, our debentures will become dilutive in computing our earnings per share. Our debentures were sold through a retail distribution network, and we believe they are widely held. PART II-OTHER INFORMATION Item 1. Legal Proceedings In September 2002, one of our subsidiaries was named as a defendant in a lawsuit alleging wrongful death as the result of a chlorine gas leak that occurred at one of our facilities in July 2000. The decedent who was exposed to the gas leak was treated and released from the hospital on the next day. He subsequently died eleven months later of causes that we believe are unrelated to the chlorine gas exposure. We deny any wrongdoing and will vigorously defend against the claim. Our umbrella liability insurance carrier is currently absorbing the costs of defense of the lawsuit; however, we cannot predict the outcome of this lawsuit. Based upon information available at this time, we do not expect that this action will have a material adverse effect on our financial position,results of operations or cash flows. Southwest Water and one of our subsidiaries were named as a defendant in four lawsuits alleging injury and damages as the result of a sewage spill which occurred at an Austin, Texas, sewage pumping station that we operate. In 2001, a settlement was reached with three of the plaintiffs. We have been defended and indemnified by our insurance carrier and we were required to pay a $10,000 deductible on settlement of the claims. The remaining lawsuit is pending at this date. Southwest Water continues to vigorously defend against this claim. At this time, we do not believe these actions will have a material adverse effect on our financial position,results of operations or cash flows. Southwest Water and a subsidiary have been named as defendants in several lawsuits alleging water contamination in the San Gabriel Valley Main Basin. The California Supreme Court (the Court) ruled in February 2002 that the plaintiffs cannot challenge the adequacy of the water quality standards established by the CPUC. The plaintiffs may sue and collect damages from CPUC-regulated water companies only by proving that water delivered did not meet CPUC water quality standards. Our subsidiary believes that it has complied with CPUC water quality standards. The Court directed that the cases be sent to a trial court for further proceedings. At this time eleven cases have been consolidated before a single judge. The parties are now engaged in initial discovery and motions to determine whether, in light of the ruling by the Court, the plaintiffs can plead and prove alleged water contamination. Southwest Water and this subsidiary have requested defense and indemnification from our liability insurance carriers for these lawsuits. Several of the liability insurance carriers are currently absorbing the costs of defense of the lawsuits. The Company cannot predict the outcome of these lawsuits. Based upon information available at this time, we do not expect that these actions will have a material adverse effect on our financial position,results of operations or cash flows. 15 Item 4. Submission of Matters to a Vote of Security Holders None. Item 6. Exhibits and Reports on Form 8-K (a) Exhibits furnished pursuant to Item 601 of Regulation S-K: 99.1 Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code), dated November 11, 2002, filed herewith. 99.2 Certification of Principal Executive Officer Pursuant to Section 302 of the Sarbanes- Oxley Act of 2002, dated November 11, 2002, filed herewith. 99.3 Certification of Principal Financial Officer Pursuant to Section 302 of the Sarbanes- Oxley Act of 2002, dated November 11, 2002, filed herewith. 99.4 Certification of Principal Financial Officer Pursuant to Section 302 of the Sarbanes- Oxley Act of 2002, dated November 11, 2002, filed herewith. (b) Reports on Form 8-K: None. 16 SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized. SOUTHWEST WATER COMPANY (Registrant) Dated: November 13. 2002 /s/Peter J. Moerbeek Peter J.Moerbeek Chief Financial Officer through October 23, 2002 (Principal Financial Officer) Dated: November 13, 2002 /s/Richard J. Shields Richard J. Shields Chief Financial Officer effective October 24, 2002 (Principal Financial Officer) Dated: November 13, 2002 /s/Thomas C. Tekulve Thomas C.Tekulve Vice President Finance (Principal Accounting Officer) 17 Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (Subsections (a) and(b)of Section 1350, Chapter 63 of Title 18,United States Code) EXHIBIT 99.1 Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section 1350, chapter 63 of title 18, United States Code), each of the undersigned officers of Southwest Water Company, a Delaware corporation (the "Company"), does hereby certify, to such officer's knowledge, that: The Quarterly Report on Form 10-Q for the quarter ended September 30, 2002 (the"Form 10-Q") of the Company fully complies with the requirements of section 13(a)or 15(d)of the Securities Exchange Act of 1934 and information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company. Dated: November 11, 2002 /s/ANTON C. GARNIER Anton C. Gamier Chief Executive Officer Dated: November 11, 2002 /s/PETER J. MOERBEEK Peter J. Moerbeek Chief Financial Officer through October 23, 2002 Dated: November 11, 2002 /s/RICHARD J. SHIELDS Richard J. Shields Chief Financial Officer effective October 24, 2002 The foregoing certification is being furnished solely pursuant to section 906 of the Sarbanes- Oxley Act of 2002 (subsections(a)and(b)of section 1350, chapter 63 of title 18,United States Code). Certification of Principal Executive Officer Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002 EXHIBIT 99.2 I, Anton C. Gamier, certify that: 1. I have reviewed this quarterly report on Form 10-Q of Southwest Water Company; 2. Based on my knowledge, this quarterly report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this quarterly report; 3. Based on my knowledge, the financial statements, and other financial information included in this quarterly report, fairly present in all material respects the financial condition,results of operations and cash flows of the registrant as of, and for,the periods presented in this quarterly report; 4. The registrant's other certifying officers and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the registrant and we have: a) designed such disclosure controls and procedures to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities,particularly during the period in which this quarterly report is being prepared; b) evaluated the effectiveness of the registrant's disclosure controls and procedures as of a date within 90 days prior to the filing date of this quarterly report(the "Evaluation Date"); c) presented in this quarterly report our conclusions about the effectiveness of the disclosure controls and procedures based on our evaluation as of the Evaluation Date; 5. The registrant's other certifying officers and I have disclosed, based on our most recent evaluation, to the registrant's auditors and the audit committee of the registrant's board of directors (or persons performing the equivalent function): a) all significant deficiencies in the design or operation of internal controls which could adversely affect the registrant's ability to record, process, summarize and report financial data and have identified for the registrant's auditors any material weaknesses in internal controls; and b) any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant's internal controls; and The registrant's other certifying officers and I have indicated in this quarterly report whether or not there were significant changes in internal controls or other factors that could significantly affect internal controls subsequent to the date of our most recent evaluation, including any corrective actions with regard to significant deficiencies and material weaknesses. Dated: November 11, 2002 WANTON C. GARNIER Anton C. Gamier Chief Executive Officer Certification of Principal Financial Officer Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002 EXHIBIT 99.3 I, Peter J. Moerbeek, certify that: 1. I have reviewed this quarterly report on Form 10-Q of Southwest Water Company; 2. Based on my knowledge, this quarterly report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this quarterly report; 3. Based on my knowledge, the financial statements, and other financial information included in this quarterly report, fairly present in all material respects the financial condition,results of operations and cash flows of the registrant as of, and for, the periods presented in this quarterly report; 4. The registrant's other certifying officers and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the registrant and we have: a) designed such disclosure controls and procedures to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities,particularly during the period in which this quarterly report is being prepared; b) evaluated the effectiveness of the registrant's disclosure controls and procedures as of a date within 90 days prior to the filing date of this quarterly report(the"Evaluation Date"); c) presented in this quarterly report our conclusions about the effectiveness of the disclosure controls and procedures based on our evaluation as of the Evaluation Date; 5. The registrant's other certifying officers and I have disclosed, based on our most recent evaluation, to the registrant's auditors and the audit committee of the registrant's board of directors (or persons performing the equivalent function): a) all significant deficiencies in the design or operation of internal controls which could adversely affect the registrant's ability to record, process, summarize and report financial data and have identified for the registrant's auditors any material weaknesses in internal controls; and b) any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant's internal controls; and The registrant's other certifying officers and I have indicated in this quarterly report whether or not there were significant changes in internal controls or other factors that could significantly affect internal controls subsequent to the date of our most recent evaluation, including any corrective actions with regard to significant deficiencies and material weaknesses. Dated: November 11, 2002 /s/PETER J. MOERBEEK Peter J. Moerbeek Chief Financial Officer through October 23, 2002 Certification of Principal Financial Officer Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002 EXHIBIT 99.4 I, Richard J. Shields, certify that: 1. I have reviewed this quarterly report on Form 10-Q of Southwest Water Company; 2. Based on my knowledge, this quarterly report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this quarterly report; 3. Based on my knowledge, the financial statements, and other financial information included in this quarterly report, fairly present in all material respects the financial condition,results of operations and cash flows of the registrant as of,and for,the periods presented in this quarterly report; 4. The registrant's other certifying officers and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the registrant and we have: a) designed such disclosure controls and procedures to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this quarterly report is being prepared; b) evaluated the effectiveness of the registrant's disclosure controls and procedures as of a date within 90 days prior to the filing date of this quarterly report(the "Evaluation Date"); c) presented in this quarterly report our conclusions about the effectiveness of the disclosure controls and procedures based on our evaluation as of the Evaluation Date; 5. The registrant's other certifying officers and I have disclosed, based on our most recent evaluation, to the registrant's auditors and the audit committee of the registrant's board of directors (or persons performing the equivalent function): a) all significant deficiencies in the design or operation of internal controls which could adversely affect the registrant's ability to record, process, summarize and report financial data and have identified for the registrant's auditors any material weaknesses in internal controls; and b) any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant's internal controls; and The registrant's other certifying officers and I have indicated in this quarterly report whether or not there were significant changes in internal controls or other factors that could significantly affect internal controls subsequent to the date of our most recent evaluation, including any corrective actions with regard to significant deficiencies and material weaknesses. Dated: November 11,2002 /s/RICHARD J. SHIELDS Richard J. Shields Chief Financial Officer effective October 24, 2002 SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned thereto duly authorized. SOUTHWEST WATER COMPANY (Registrant) Dated: November 13, 2002 Peter J. Moerbeek Chief Financial Officer through October 23, 2002 (Principal Financial Officer) Dated: November 13 2002 Richard J. Shields Chief Financial Officer effective October 24, 2002 (Principal Financial Officer) Dated: November 13, 2002 Thomas C. Tekulve Vice President Finance (Principal Accounting Officer) UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 10-Q (Mark One) X QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended June 30, 2002 OR TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission file number: 0-8176 Southwest Water Company (Exact name of registrant as specified in its charter) Delaware 95-1840947 (State or other jurisdiction of (I.R.S. Employer incorporation or organization) Identification No.) 225 North Barranca Avenue, Suite 200 West Covina, California 91791-1605 (Address of principal executive offices) (Zip Code) (626) 915-1551 (Registrant's telephone number,including area code) Indicate by check mark whether the Registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the Registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days. Yes X No Indicate the number of shares outstanding of each of the issuer's classes of common stock, as of the latest practicable date. On July 26, 2002, there were 9,278,754 common shares outstanding. SOUTHWEST WATER COMPANY AND SUBSIDIARIES INDEX Part 1. Financial Information: Paize No. Item 1. Financial Statements: Condensed Consolidated Statements of Income- Three and Six Months Ended June 30,2002 and 2001 1 Condensed Consolidated Balance Sheets- June 30, 2002 and December 31, 2001 2 Condensed Consolidated Statements of Cash Flows- Six Months Ended June 30, 2002 and 2001 3 Notes to Condensed Consolidated Financial Statements 4 Item 2. Management's Discussion and Analysis of Financial Condition and Results of Operations 7 Item 3. Quantitative and Qualitative Disclosures About Market Risk 15 Part II. Other Information: Item 1. Legal Proceedings 16 Item 4. Submission of Matters to a Vote of Security Holders 16 Item 6. Exhibits and Reports on Form 8-K 17 Signatures 18 PART I-FINANCIAL INFOR,NIATION Item I. Financial Statements Southwest {Yater Company and Subsidiaries CONDENSED CONSOLIDATED STATEMENTS OF LVCOME (unaudited) Three Months Ended Six Months Ended June 30, June 30, 2002 2001 2002 2001 (in thousands except per share data) (in thousands except per share data) Operating Revenues S 32,746 $ 27,838 S 60,914 S 51,053 Operating Expenses: Direct operating expenses 24,752 20,787 46,370 38,547 Selling, general and administrative expenses 5,845 4,109 10,249 7,688 30,597 24,896 56,619 46,235 Operating Income 2,149 2,942 4,295 4,818 Other Income(Expense): Interest expense (1,063 ) (795 ) (2,219) (1,787 ) Interest income 12 13 32 32 Water related cost reimbursement(Note 4) 1,616 - 1,616 - Other(Note 6) 164 563 1,144 523 729 (219) 573 (1,232 ) Income Before Income Taxes 2,878 2,723 4,868 3,586 Provision for Income Taxes ® 1,008 1,035 1,704 1,363 Net Income 1,870 1,688 3,164 2,223 Dividends on Preferred Shares 7 7 14 14 Net Income Available for Common Shares $ 1,863 $ 1,681 S 3,150 $ 2,209 Earnings per Common Share(Note 3): Basic S 0.20 $ 0.19 S 0.34 $ 0.25 Diluted S 0.I9 $ 0.18 S 032 $ 0.23 Cash Dividends per Common Share(Note 3) S 0.06 $ 0.06 S 0.11 $ 0.11 Weighted Average Outstanding Common Shares(Note 3): Basic 9,257 9,041 9,230 9,004 Diluted 9,962 9,472 9,863 9,437 See accompanying notes to condensed consolidated financial statements. 1 Southwest {rater Company and Subsidiaries CONDENSED CONSOLIDATED BALANCE SHEETS June 30, December 31, 2002 2001 (unaudited) ASSETS (in thousands) Current Assets: Cash and cash equivalents S 798 S 789 Customers' accounts receivable, net 15,918 21,443 Other current assets 12,491 8.939 29,207 31,171 Property, Plant and Equipment: Utility group property,plant and equipment-at cost 228,266 218,696 Services group property, plant and equipment-at cost 14,325 14,317 242,591 233,013 Less accumulated depreciation and amortization 64,721 61,889 177,870 171,124 Other Assets 25,130 22,891 $ 232,207 S 225,186 LIABILITIES AND STOCKHOLDERS' EQUITY Current Liabilities: Current portion of tong-term debt and bank lines of credit $ 1,426 $ 5,029 Accounts payable 3,692 6,211 Other current liabilities 17,139 15,127 22,257 26,367 Long-Term Liabilities: Long-term debt 43,991 44,200 Bank lines of credit 14,244 13,863 Advances for construction 7,999 7,482 66,234 65,545 Deferred Credits: Contributions in aid of construction 61,073 53,619 Deferred income taxes 8,990 8,354 Other liabilities and deferred credits 15,986 16,346 Total Liabilities and Deferred Credits: 174,540 170,231 Stockholders' Equity: Preferred stock 513 513 Common stock 93 92 Paid-in capital 38,398 37,663 Retained eamings 18,663 16,687 Total Stockholders' Equity 57,667 54,955 S 232,207 S 225,186 See accompanying notes to condensed consolidated financial statements. 2 Southwest Rater Company and Subsidiaries CONDENSED CONSOLIDATED STATEMENTS OF CASH FLORS (unaudited) Six Months Ended June 30, 2002 2001 on thousands) Cash Flows From Operating Activities: Net income S 3,164 S 2,223 Adjustments to reconcile net income to net cash provided by(used in) operating activities 3,664 (645) Net cast provided by operating, activities 6,828 1.578 Cash Flows From Investing Activities: Additions to property, plant and equipment (9,142) (8,539) Other investments, net (835) Net cash used in investing activities (9,977) (8,539) Cash Flows From Financing Activities: Contributions in aid of construction and advances for construction 7,728 1,914 Net proceeds from dividend reinvestment plan, employee stock purchase plan and stock option plans 581 481 Repayment of long-term debt (2,209) - Net borrowing(repayment) on bank lines of credit (1,748) 4,913 Dividends paid (1,043) (970) Repayments on advance contracts, net of additions (151) (184) Net cash provided by financing activities 3,158 6,154 Net increase(decrease)in cash and cash equivalents 9 (807) Cash and cash equivalents at beginning of period 789 1,379 Cash and cash equivalents at end of period S 798 $ 572 Supplemental Disclosure of Cash Flow Information: Cash paid during the period for: Interest S 2,544 S 1,690 Income taxes S 288 $ 40 Depreciation and amortization $ 3,563 $ 2,981 Non-cash contributions in aid of construction $ 1,655 S 775 See accompanying notes to condensed consolidated financial statements. 3 SOUTHWEST WATER COMPANY AND SUBSIDIARIES NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS JUNE 30, 2002 (Unaudited) Southwest Nater Company (Southwest Water, the Company, or "we". "us" or 'bur") was incorporated in California in 1954 and reincorporated in Delaware in 1985. Southwest Water is a publicly traded holding company. All of our business operations are conducted through our subsidiaries which provide a broad range of services including water production and distribution, wastewater collection and treatment, public works services and utility submetering. We serve more than 1.5 million people in 29 states nationwide. Our business is segmented into a Utility Group and a Services Group. In our Utility Group, we own and operate rate-regulated public water and wastewater utilities. State regulatory agencies oversee the operations of our utilities and establish the rates that we can charge for our water delivery and wastewater services. Our Utility Group operations are performed by four subsidiaries: Suburban Water Systems (Suburban), New Mexico Utilities, Inc. (N',\/[UI) and Hornsby Bend Utility Company (Hornsby), which are wholly owned, and Windermere Utility Company (Windermere), of which we own 80%. Our Services Group consists of contract service businesses. Through our wholly owned subsidiary, ECO Resources, Inc. (ECO), we operate and manage water and wastewater treatment facilities owned by cities, public agencies, municipal utility districts and private entities. We also own a 90% interest in Operations Technologies, Inc. (OpTech), a provider of contract water, wastewater and public works services in the southeastern United States. Nationwide, we provide utility submetering and billing and collection services through our 85%-owned subsidiary, Master Tek International, Inc. (Master Tek). Our Service Group companies may be subject to regulatory oversight; however, the pricing of our services is not subject to regulation. 2. Certain information and footnote disclosures normally included in our financial statements prepared in accordance with accounting principles generally accepted in the United States of America (US GAAP) have been condensed or omitted pursuant to the rules and regulations of the Securities and Exchange Commission (the SEC). Our condensed consolidated financial statements should be read in conjunction with the financial statements and related notes contained in our Annual Report on Form 10-K for the year ended December 31, 2001 (the 2001 Annual Report). We are not aware of any new accounting standards that would have a material adverse impact on our financial position, results of operations or cash flows. The unaudited condensed consolidated financial statements reflect all adjustments which, in our opinion, are necessary to present fairly the financial position of Southwest Water as of June 30, 2002 and 2001, and our results of operations and cash flows for the periods ended June 30, 2002 and 2001. These adjustments are of a normal recurring nature. Certain reclassifications have been made to the 2001 financial statements to conform to the 2002 presentation. 4 3. We record earnings per share (EPS) by computing "basic EPS" and "diluted EPS" in accordance with US GAAP. Basic EPS measures our performance over the reporting period by dividing net income available to common stockholders by the weighted average number of common shares outstanding during the period. Diluted EPS measures our performance over the reporting period after giving effect to all potentially dilutive common shares that would have been outstanding if the dilutive common shares had been issued. Stock options, convertible debentures and warrants give rise to potentially dilutive common shares. On September 25. '_'001. our Board of Directors declared a five percent stock dividend. payable on October 22, 2001 to stockholders of record on October I, 2001. All per share amounts and numbers of shares outstanding reflect this dividend. 4. As discussed in our 2001 Annual Report, Suburban's water supply has been affected by the presence of certain groundwater contaminants, consisting of chemicals disposed of by various industrial companies. The contamination necessitated the shut-down of a number of Suburban's wells, and Suburban has had to purchase water at a cost substantially higher than the cost of water pumped from Suburban's own wells. At the end of the first quarter of 2002, a settlement was reached among some of the alleged polluters and a number of water companies, including Suburban. As part of the settlement, in the second quarter of 2002, Suburban accrued income of approximately 51.616,000, primarily representing reimbursement of certain water and energy costs incurred in prior years. Beginning in 2002, Suburban has and will continue to receive payments from this settlement for the incremental cost of acquiring water rather than pumping from Suburban's shut down wells. Suburban will bill and collect this reimbursement each month and the amounts will be recorded as offsets against water costs included in direct operating expenses. In addition, the settlement provides Suburban with capital contributions to construct additional interconnections with other water purveyors. Finally, funds from the settlement will be used to develop long-term solutions which will potentially enable Suburban to use its own less costly groundwater supplies at some future date. 5. During the first six months of 2002, we recorded approximately $830,000 of marketing and new business development expenses incurred primarily in the second quarter associated with the potential design-build-finance-operate concept for a reverse osmosis water treatment plant in California, expenses related to a potential major new contract in Florida, and expenses related to a possible acquisition. Although we continue to pursue these opportunities and believe they may ultimately be completed, some notable uncertainties arose during the second quarter as to the successful negotiation of these developmental efforts. 6. As discussed in the 2001 Annual Report, Southwest Water terminated a non-contributory defined benefit plan (the Pension Plan) as of December 30, 1999. In January 2002, the net assets of the Pension Plan were distributed to plan participants as outlined by the Employee Retirement Income Security Act(ERISA) and its related regulations. Following distribution of approximately $14,400,000 to satisfy the pension benefit obligation and settlement of expenses paid by the Pension Plan in accordance with ERISA and its related regulations, the Pension Plan had excess assets of approximately 51,200,000. Under the provisions of Statement of Financial Accounting Standards (SFAS) No. 88, Employers' Accounting for Settlements and Curtailments of Defined Benefit Pension Plans and for Termination Benefits, we recognized a pre-tax termination gain of approximately 5980,000 in the first quarter of 2002. 5 7. Under the provisions of SFAS No. 142, Goodwill and Other Intangible Assets, goodwill incurred after June 30, 2001 is no longer subject to amortization over its estimated useful life. Instead, goodwill is reviewed for impairment on an annual basis (or more frequently if circumstances indicate a possible impairment) by means of a fair-value-based test. The following table provides information about prior goodwill amortization and its impact on basic and diluted EPS. For the Six Months Ended June 30, 2002 2001 2000 Reported net income (thousands) 53,164 52,224 51,933 Add back: Prior goodwill amortization(I) - 66 35 Adjusted net income $3,164 $2,158 $1,898 Basic earnings per share: Reported EPS $0.34 50.25 $0.23 Add back: Prior goodwill amortization(I) - - Adjusted EPS $0.34 50.25 $0.23 Diluted earnings per share: Reported EPS $0.32 50.23 $0.22 Add back: Prior goodwill amortization (1) - - Adjusted EPS $0.32 $0.23 $0.22 (1)Net of income taxes. 8. Effective January 2002, we were subject to SFAS No. 144, Accounting for the Impairment or Disposal of Long-Lived Assets. SFAS No. 144 requires that long-lived assets be tested for recoverability when events or changes in circumstances indicate carrying amounts may not be recoverable. SFAS No. 144 further clarifies the methods of accounting for assets that are disposed of. We regularly review assets for impairment. The implementation of SFAS No. 144 did not have any effect on our results of operations or financial condition. SFAS No. 144 does not apply to goodwill impairment which is accounted for under SFAS No. 142, as described in Note 7. 9. From April 3, 2000 through March 31, 2002, we owned 80% of Master Tek. Under the terms of our purchase agreement, the minority owner of Master Tek may require us to purchase his minority interest in increments not to exceed $1,000,000 per year over four years. In April 2002 we paid $1,000,000 to the minority owner for an additional 5% interest in Master Tek in accordance with the purchase agreement, and we may be required to purchase the remaining minority interest over the next three years. 6 10. We have two reportable segments as defined under the requirements of SFAS No. 131, Disclosures about Segments of an Enterprise and Related Information. We have not changed the basis of segmentation nor the basis of measurement of segment profit or loss from the information reported in our 2001 Annual Report. The following table sets forth the disclosures about Southwest Water's reportable segments as required by SFAS No. 131. Services Utilitv Total Segment Group Group Information Other Consolidated (in thousands) Six Months Ended Jude 30, 2002 Revenues from external customers S 36,366 S 24,548 S 60,914 S - S 60,914 Segment operating profit 1,007 6,517 7,524 (3,229) 4,295 As of June 30,2002 Segment assets 43,061 184,768 227,829 4,378 232,207 Six Months Ended June 30,2001 Revenues from external customers S 29,207 $ 21,846 S 51,053 S - S 51,053 Segment operating profit 868 6,039 6,907 (2,089) 4,818 As of June 30,2001 Segment assets 35,159 170,298 205,457 2,595 208,052 Item 2:Management's Discussion and Analysis of Financial Condition and Results of Operations Our liquidity, capital resources and cash flows are influenced primarily by capital expenditures at our utility group for the addition, replacement and renovation of water and wastewater utility facilities. Capital resources are used for debt service and are also influenced by investments in new business opportunities, including the acquisition of companies, funding of projects and acquisition of contracts. As discussed in Note 4, during the second quarter of 2002, Suburban accrued income of approximately $1,616,000 for water-quality-related expenses incurred in prior years. Under the terms of our purchase agreement for Master Tek, the minority owner of Master Tek has the option to require us to purchase his minority interest in increments not to exceed$1,000,000 per year over four years. The minority owner exercised this option to sell us 5% of Master Tek stock for which we paid $1,000,000 in April 2002. Under the terms of the OpTech purchase agreement, we have the right to acquire the remaining 10% of OpTech after a period of five years based on a formula relating to the profitability of OpTech. After two years, the minority shareholder of OpTech has the option to sell the remaining 10% of OpTech to us using the same formula which has a minimum threshold of$1,000,000. As described in our 2001 Annual Report, ECO financed and built a reverse osmosis water treatment plant, which began operating in 2001. In connection with this project, at December 31, 2001, ECO had recorded a receivable in the amount of approximately $6,600,000 for the work done. Payment for the full amount was received in January 2002. As of June 30, 2002, we had cash and cash-equivalent balances totaling $798,000 and aggregate lines of credit totaling$24,000,000 consisting of three separate unsecured lines of credit from three commercial 7 banks. Two of the lines of credit expire in July 2003. The remaining 54,000,000 line, with a balance of approximately 52,400,000 as of June 30, 2002, was renewed in April 2002 and now expires in April 2004. As of June 30. 2002, we had 514,244,000 outstanding on these lines of credit. During the first six months of 2002, our outstanding line of credit borrowing decreased by 51,748.000. We paid down our lines of credit primarily with the cash received as payment for the reverse osmosis plant, and from payment received for Suburban's water-quality-related reimbursement. We also paid in full our NMUI Series A First Mortgage Bonds in the amount of S2.000.000, and we purchased certain utility property. We expect to maintain our lines of credit in the normal course of business. Each of the line of credit agreements contains certain financial covenants. As of June 30, 2002, we were in compliance with all applicable covenants of each of the line of credit agreements. In addition to our lines of credit, we have excess borrowing capacity under our First Mortgage Bond Indentures or approximately 559,500.000 as of June 30, 2002. However, the additional borrowing available under our current commercial lines of credit is limited by financial covenants that restrict additional borrowing at June 30, 2002 to an amount no greater than the remaining unused credit line amount. Additional borrowing outside our lines of credit requires bank approval. On July 20, 2001, Southwest Water issued $20,000,000 of 6.85% fixed rate convertible subordinate debentures due July 1, 2021, and received net proceeds of approximately 518,890,000 from the sale after underwriting discounts, commissions and remaining expenses of the offering. The net proceeds from the sate of these debentures were used to reduce borrowings on our revolving bank lines of credit. The debentures are convertible into shares of our common stock at a conversion price of$17.007 per share. The debentures are convertible at any time prior to maturity unless previously redeemed. We may redeem the debentures in whole or in part at any time, at redemption prices from 105% at July 1, 2003 and declining 1% annually to par (100% of face value) after June 30, 2008. The issuance costs of the convertible subordinate debentures in the amount of approximately $1,110,000 are being amortized over 20 years. We are subject to certain financial covenants under the terms of the indenture agreement for the convertible subordinate debentures. As of June 30, 2002, we were in compliance with all applicable restrictions. As part of the water utility industry, our Utility Group's financial structure follows three industry practices-. First, we maintain a capital structure of approximately 50% debt and 50% equity. Most state utility commissions prefer this debt to equity ratio which is an integral part of developing the authorized rates of return and customer billing amounts. Second, we pay cash dividends to our stockholders. Third, our utilities receive utility plant (assets) from developers. These assets are treated as contributions in aid of construction (CIAC) from developers and are recorded on our balance sheet as deferred credits. During the first six months of 2002, our additions to property, plant and equipment were $10,797,000, representing an increase of $1,483,000 from 2001. Additions to property, plant and equipment were primarily utility plant For our utility group, including new well and transmission lines at NMUI and the construction of a lift station and force main, and an elevated storage tank at Windermere. In addition, ECO completed expansion of an office building in Austin, Texas. Developers made CIAC, Living Unit Equivalent (LUE) fees and advances totaling $9,383,000 during the first six months of 2002, of which $7,728,000 was received in cash and $1,655,000 was received as non-cash contributions of property. Company-financed capital additions were $1,414,000, funded primarily by cash flow from operations. We estimate that our total capital additions in 2002 will be approximately $14,000,000, primarily for utility plant, and that our cash flows from operations, borrowings on our lines of credit and CIAC will fund these additions. We anticipate that our available line of credit borrowing capacity and cash flows generated from operations will be sufficient to fund our activities during the next 12 months. If we were unable to renew 8 our existing lines of credit, our capital spending or acquisitions would be reduced or delayed until new financing arrangements were secured. Such financing arrangements could include seeking debt or equity financing through a private placement or a public offering. Similarly, if additional cash were needed to fund an acquisition, financing arrangements could include long-term borrowing or equity financing. Critical Accounting Policies We consider certain accounting policies critical in preparing our consolidated financial statements. Certain of these policies require management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of certain contingent assets and liabilities at the date of the consolidated financial statements, as well as amounts of revenues and expenses during the reporting periods. Actual results could differ from those estimates. Our 2001 Annual Report includes detailed descriptions of both our critical and significant accounting policies. The critical estimates and judgments made by management which influence the financial statements include the following: Our California utility, Suburban, has recorded a balancing account in the amount of approximately 52,300,000, representing certain uncontrollable costs incurred by Suburban over the past few years. Historically, the CPUC allowed such balancing accounts to be recorded in the income statements of water utilities, with a corresponding liability or asset on the balance sheet. However, on December 1, 2001, the CPUC issued a resolution that changed its long-standing policies and procedures with respect to balancing accounts, effectively eliminating such accounts for future periods. We believe that Suburban will be able to recover the $2.300,000 recorded in its balancing account through the rate case filed with the CPUC in April 2002. However, there can be no assurance that the CPUC will allow recovery of all or some of this balance. We have not recorded any allowance against the $2,300,000 asset on Suburban's balance sheet. We periodically evaluate the collectibility, of our customer accounts receivable, and provide an allowance for uncollectible accounts based upon an estimate by management of the amount of accounts receivable that might not be collectible. This estimate is predicated upon a number of factors, including historical account receivable write-off experience, a review of customer accounts with past due uncollected balances, probable costs of collection and the general credit worthiness of our customers. During the second quarter of 2002, we recorded a 5200,000 increase in our allowance for uncollectible accounts relating to Master Tek accounts receivable. We believe that our allowance for doubtful accounts is adequate as of June 30, 2002. We have approximately $2,000,000 of inventories included in other current assets as of June 30, 2001. Our inventories consist primarily of transmitters and related parts used by Master Tek in its construction activities, as well as materials and supplies used in our water supply and wastewater activities. We believe that there is no significant amount of obsolete inventory as of June 30, 2002. During the first six months of 2002, we recorded approximately $830,000 of marketing and new business development expenses incurred primarily in the second quarter. These expenses related to a potential design-build-finance-operate concept for a reverse osmosis plant in California, to a potential major new contract in Florida, and to a possible acquisition. While we continue to pursue these opportunities, and remain hopeful as to their ultimate outcome, some notable uncertainties arose during the second quarter as to the successful conclusion of these developmental efforts. 9 Regulatory Affairs Regulatory The California Public Utilities Commission (CPUC) regulates the rates of Suburban. The New Mexico Public Regulation Commission (NivIPRC) and the Texas Natural Resources Conservation Commission (TNRCC) regulate the rates and operations of NMUI and Windermere and Hornsby, respectively. The rates allowed are intended to provide the utilities an opportunity to recover costs and earn a reasonable return on common equity. Under current CPUC practices, customer water rates may be increased through general rate increases or by offsets for certain expense increases. Typically, general rate increases are for three years and include step increases in the second and third years. General rate increases require formal proceedings with the CPUC in which overall rate structure, expenses and rate base are examined by CPUC staff. Public hearings are also held. General rate proceedings require approximately 12 months from the time an application is filed to the CPUC's authorization of new rates. The step increases for the second and third years are intended to compensate for projected expense increases. Prior to their approval, step increases are subject to verification that earnings levels have not exceeded the rate of return authorized at the general rate proceeding. In recent years, Suburban succeeded in achieving efficiencies and cost savings that resulted in the deferral of rate requests. At the direction of the CPUC, Suburban filed a rate application on April 2, 2002. This application is expected to take approximately one year to process. Southwest Water and Suburban are unable to predict the outcome of this rate proceeding at this time. Prior to December 1, 2001, the CPUC permitted Suburban (and other regulated utilities) to record the difference between actual and CPUC-adopted water production costs in balancing accounts in the income statement, with a corresponding adjustment on the balance sheet. The CPUC significantly changed this policy by eliminating the use of balancing accounts as of December 1, 2001. In place of the balancing account, Suburban will track the difference between actual and CPUC-adopted water production costs in current operations. Such costs will be accumulated in a memorandum account, and Suburban will attempt to recover these costs during its regularly scheduled general rate hearings. We believe that at the conclusion of the current general rate hearing Suburban will be able to recover approximately $2,300,000 that was in the balancing account as of June 30, 2002. However, we cannot assure you of such recovery. Suburban believes that the changed CPUC rules will likely result in greater fluctuations in earnings beginning in 2002. Windermere filed for a general rate increase in June 2001, and new rates became effective in January 2002. NMUI and Hornsby are not currently seeking any rate increase; however, regulatory changes concerning water quality, future construction expenditures and increased operating expenses may result in periodic requests for rate increases. Southwest Water closely monitors legislative, EPA, CPUC, NMPRC and TNRCC developments. The various water industry associations in which we actively participate also monitor these developments. We do not know the possible legislative, EPA, CPUC, NMPRC or TNRCC changes that will be enacted or the terms of such changes, if enacted. Therefore, we cannot predict the impact, if any, of future legislative changes, EPA, CPUC, NMPRC or TNRCC developments or changes on our financial position, results of operations or cash flows. Our Services Group business pricing is not subject to regulation by any public regulatory commissions. Most contracts with municipal utility districts are short-term contracts and do not generally include inflation adjustments. Changes in prices are negotiated on a contract-by-contract basis. Our other operations and maintenance contracts are generally longer-term water and wastewater service contracts, primarily with cities, and may include inflation adjustments. Most contracts with management companies and owners of apartment or condominium communities are short-term contracts and do not generally include inflation adjustments. Changes in prices are negotiated on a contract-by-contract basis. 10 Weather and Seasonality Considerations Our regulated water utility operations are seasonal. Therefore, the results of operations for one quarter do not indicate results to be expected in another quarter. Rainfall and weather conditions affect our Utility Group operations, with significant water consumption occurring during the third quarter of each year when weather tends to be hot and dry. Drought conditions may result in lower revenue due to consumer conservation efforts and a shortage of water. Drought conditions may also result in increased water costs to us and adversely affect our profitability. Conversely, unusually wet conditions may result in decreased customer demand, lower revenues and lower profit in our utility operations. Our Services Group operations can also be seasonal in nature. For example, heavy rainfall limits our ability to perform certain billable work such as pipeline maintenance, manhole rehabilitation and other outdoor services. Severe weather conditions can result in additional labor and material costs to us that may not necessarily be recoverable from the various cities that have operations and maintenance contracts with us. Environmental Affairs Operations of Suburban, NMUI and Windermere and Hornsby fall under the regulatory jurisdiction of the CPUC, the NMPRC and the TNRCC, respectively. Our utility group operations are also subject to water and wastewater pollution standards and water and wastewater quality regulations of the EPA and various state health regulatory agencies. Both the EPA and state health regulatory agencies require periodic testing and sampling of water. Costs associated with the testing of water supplies have increased and are expected to increase further as the regulatory agencies adopt additional monitoring requirements. In November 2001, the EPA announced a decision to lower the arsenic standard in drinking water from 50 parts per billion to 10 parts per billion. Although our utilities meet the current 50 parts per billion standard, NMUI does not meet the newly adopted arsenic standard. Under current rules, the new standard must be completely met by 2006. We believe the City of Albuquerque has initiated legal actions that challenge the new standard. However, we cannot project the outcome of such legal challenge. NMUI anticipates that significant capital expenditures will be required in order to comply with the new standard. We believe that future incremental costs of complying with government regulations, including any capital expenditures, will be recoverable through increased rates and contract operations revenues. However, we cannot assure you that recovery of such costs will be allowed. To date, we have not experienced any material adverse effects upon our financial position, results of operations or cash flows resulting from compliance with government regulations. As contract operators, ECO and OpTech do not own any of the water sources or utility facilities that they operate for their clients. Although not the owners, ECO and OpTech are responsible for operating these water and wastewater facilities in compliance with all federal, state and local health and safety standards and regulations. Master Tek is a utility submetering, billing and collection services company and does not own or operate any water production or treatment facilities, or wastewater treatment facilities. Results of Operations Three Months Ended June 30, 2002, Compared to the Three Aronths Ended June 30, 2001 Diluted EPS was $0.19 for the quarter ended June 30, 2002, compared to diluted EPS of 50.18 in 2001 (atter adjustment for a 5% stock dividend on October 1, 2001), an increase of 6%. The $0.19 in 2002 includes a pre-tax gain of approximately $1,616,000 that Suburban accrued for the reimbursement of certain water-quality-related expenses incurred by Suburban in prior years as discussed in Note 4. In addition, the $0.19 reflects approximately $830,000 (pre-tax) of marketing and new business development 11 expenses associated with the potential design-build-finance-operate concept for a reverse osmosis water treatment plant in California, expenses related to a potential major new contract in Florida, and expenses related to a possible acquisition, as described in Note 5. Operating revenues Operating revenues for the second quarter of 2002 increased $4,908,000, or 18%, compared to 2001. Services Group revenues increased 53,808,000, or 25%, due primarily to the acquisition of OpTech in August 2001. The increased revenues were reduced in part by a 42% decrease in Master Tek revenues as a result of a large construction project during the prior year, and a general decline in the multi-family home construction industry overall. Utility Group revenues increased $1,100,000, or 9%, as a result of increased water usage at Suburban because of hot, dry weather in the second quarter, and the effect of a rate increase at Windermere. Operating income Operating income for the second quarter of 2002 decreased $793,000, or 27%, compared to 2001 and, as a percentage of operating revenues, was 7% in 2002 and 11% in 2001. Services Group operating income increased $341,000, partially due to the acquisition of OpTech in August of 2001. In addition, ECO incurred fewer marketing and information technology charges in 2002 when compared to the same period in 2001. Operating income of the Utility Group increased $55,000, primarily as a result of a rate increase at Windermere, which was partially offset by the effect of higher water-volume-related expenses for the period since Suburban was not able to use a balancing account. Parent company expenses for the second quarter increased $1,189,000. As described in Note 5, this includes approximately $830,000 of marketing and new business development expenses associated with the potential design-build-finance-operate concept for a reverse osmosis water treatment plant in California, expenses related to a potential major new contract in Florida, and expenses related to a possible acquisition. In addition, parent company expenses also increased by approximately $350,000, due primarily to benefit-related expenses and public company costs. Direct operating expenses During the three months ended June 30, 2002, direct operating expenses increased $3,965,000, or 19%, compared to 2001. As a percentage of operating revenues, these expenses were 76% in 2002 and 75% in 2001. Services Group direct operating expenses increased $2,938,000, due primarily to the acquisition of OpTech in August 2001. Utility Group direct operating expenses increased $1,027,000, primarily as a result of water-volume-related expenses at Suburban in connection with the increased demand for water. Selling, general and administrative expenses Selling, general and administrative expenses in the second quarter of 2002 increased by $1,736,000, or 42%, compared to 2001. General and administrative expenses of our Services Group increased 5524,000, due primarily to the acquisition of OpTech in August 2001. In addition, we recorded a $200,000 increase in our allowance for doubtful accounts for Master Tek. General and administrative expenses of the Utility Group increased $23,000. General and administrative expenses of the parent company increased$1,189,000, as discussed above. Recovery of Water Related Costs As discussed in Note 4, during the second quarter of 2002, Suburban accrued income for a reimbursement of approximately $1,616,000 for water-quality-related expenses incurred in prior years. 12 .Beginning in 2002. Suburban has and will continue to receive payments during the next few years as reimbursement for the higher incremental cost of purchased water and these reimbursements will be recorded as offsets against water costs included in direct operating expenses. Interest and other Total interest expense increased 5268,000 during the quarter ended June 30, 2002, compared to 2001. The increase reflects interest expense on our 20-year convertible subordinate debentures that were issued in July 2001. Our debentures were sold through a retail distribution network and we believe they are widely held. This increase was offset by decreases in the interest expense on our lines of credit because we paid down a portion of our line of credit borrowing with the proceeds from the debentures. Our interest expense on the lines of credit also decreased due to generally lower interest rates in the first quarter of 2002 compared to 2001. The reduction in capitalized interest during the second quarter of 2002 compared to the same period in the prior year was due primarily to a reduction in utility projects that were completed in late 2001. The major components of interest expense for the three months ended June 30, 2002 and 2001 are as follows: 2002 2001 Interest expense-convertible subordinate debentures $ 339 $ - Interest expense-bank lines of credit 159 415 Interest expense-mortgage bonds 526 596 Interest expense—other 115 26 Total interest expense before capitalized interest 1,139 1,037 Capitalized interest (76) (242) Total interest expense $ 1,063 S 795 Six Months Ended June 30, 2002 Compared to the S&Months Ended June 30, 2001 Diluted EPS was $0.32 for the first six months of 2002, compared to diluted EPS of$0.23 in 2001 (after adjustment for a 5% stock dividend on October 1, 2001). The $0.32 in 2002 includes a one-time pre-tax gain of$980,000 (or$0.06 per diluted EPS) on the termination and settlement of our pension plan obligation (pension termination), which was recorded in March 2002. In addition, the $0.32 in 2002 includes a one-time pre-tax gain of approximately $1,616,000 recorded by Suburban for the reimbursement of certain water-quality-related expenses incurred by Suburban in prior years. Operating income was reduced by approximately $830,000 in marketing and new business development expenses associated with the potential design-build-finance-operate concept for a reverse osmosis water treatment plant in California, expenses related to a potential major new contract in Florida, and expenses related to a possible acquisition, as described in Note 5. Total diluted EPS, excluding the gain from the pension termination, was $0.26, an increase of 13% when compared to the same period in 2001. Operating revenues Operating revenues for the first six months of 2002 increased $9,861,000, or 19%, compared to 2001. Services Group revenues increased 57,159,000, or 25%, due primarily to the acquisition of OpTech in August 2001. The increased revenues were reduced in part by a 35% decrease in Master Tek revenues as a result of a large construction project during the prior year and a general decline in the multi-family home construction industry. Utility Group revenues increased$2,702,000, or 12%, as a result of increased water usage at Suburban because of hot, dry weather in the second quarter, and the effect of a rate increase at Windermere. 13 Operating income Operating income for the first six months of 2002 decreased $523,000, or 11%. compared to 2001 and. as a percentage of operating revenues, was 7% in 2002 and 9% 2001_ Services Group operating income increased $139,000, due primarily to the acquisition of OpTech in August 2001. Operating income of the Utility Group increased 5478.000, due primarily to increased water consumption at Suburban because of, hot, dry weather in the second quarter and the effect of a rate increase at Windermere. Parent company expenses increased $1,140,000. As described in Note 5, this includes approximately 5830,000 of marketing and new business development expenses associated with the potential design-build-finance-operate concept for a reverse osmosis water treatment plant in California. expenses related to a potential major new contract in Florida and expenses related to a possible acquisition. In addition, parent company expenses also increased by approximately $310.000 due primarily to benefit-related expenses and public company costs. Direct operating expenses During the six months ended June 30, 2002, direct operating expenses increased 57,823,000, or 20%, compared to 2001. As a percentage of operating revenues, these expenses were 76% in 2002 and 2001. Services Group direct operating expenses increased $5,766,000, due primarily to the acquisition of OpTech in August 2001. Utility Group direct operating expenses increased $2,057,000, primarily as a result of water-volume-related expenses at Suburban in connection with the increased demand for water to the first six months of 2002. Selling, general and administrative expenses Selling, general and administrative expenses in the first six months of 2002 increased by $2,561,000, or 33%, compared to 2001. General and administrative expenses of our Services Group increased $1,254,000 due primarily to the acquisition of OpTech in August 2001, and to a $200,000 increase in our allowance for doubtful accounts at Master Tek. General and administrative expenses of the Utility Group increased $167,000, primarily as a result of depreciation, insurance and payroll expenses. General and administrative expenses of the parent company increased$1,140,000 as described above. Recovery of Water Related Costs As discussed in Note 4, during the second quarter of 2002, Suburban accrued income for a reimbursement of approximately $1,616,000 for water-quality-related expenses incurred in prior years. Beginning in 2002, Suburban has and will continue to receive payments during the next few years as reimbursement for the higher incremental cost of purchased water and these reimbursements will be recorded as offsets against water costs included in direct operating expenses. Interest and other Total interest expense increased $432,000 during the six months ended June 30, 2002. The increase primarily reflects interest expense on our 20-year convertible subordinate debentures that were issued in July 2001. Our debentures were sold through a retail distribution network and we believe that they are widely held. This increase was partially offset by decreases in the interest expense on our lines of credit because we paid down a portion of our line of credit borrowing with the proceeds from the debentures. Our interest expense on the lines of credit also decreased due to generally lower interest rates in the first quarter of 2002, compared to 2001. The reduction in capitalized interest during the second quarter of 2002 was due primarily to the completion of several utility projects in 2001. 14 The major components of interest expense for the six months ended June 30, 2002 and 2001 are as follows: 2002 2001 Interest expense-convertible subordinate debentures S 681 S - Interest expense-bank lines of credit 310 857 Interest expense-mort_a_e bonds 1,090 1,192 Interestexpense—other 243 71 Total interest expense before capitalized interest 2,324 2.120 Capitalized interest (105) (333) Total interest expense S 2,219 S 1.787 Other income increased $621,000. As described in Note 6, in the first quarter of 2002, the parent company recorded a one-time pre-tax gain on pension termination of $980,000. The increase in other income was partially offset by interest income recorded in 2001 by ECO, related to a construction project that was completed in 2001. lteni 3: Quantitative and Qualitative Disclosures About Market Risk We have certain indebtedness that is subject to variable interest rates. As a result, Southwest Water's interest expense is affected by changes in the general level of interest rates. Changes in interest rates affect the interest expense paid on the line of credit borrowings, which is determined based upon an agreed rate with the banks. Contractually, the highest interest rates charged on the lines of credit cannot exceed the banks' prime rate minus one-quarter percent. Southwest Water is using the favorable low interest rates in the current market. In part to mitigate future market interest rate risk, we completed a $20,000,000, 20-year convertible subordinate debenture offering in July 2001, which bears a fixed interest rate of 6.85% per annum. The proceeds were used to pay down our variable rate indebtedness. Our long-term debentures were sold with a fixed interest rate, and are not subject to market fluctuation of interest rates. Our debentures are convertible into common stock of Southwest Water and, at a certain EPS level, our debentures will become dilutive in computing our earnings per share. Our debentures were sold through a retail distribution network, and we believe they are widely held. 15 PART II - OTHER INFORMATION Item 1. Legal Proceedings ECO was named as a defendant in four lawsuits alleging injury and damages as the result of a sewage spill which occurred at an Austin, Texas, sewage pumping station operated by ECO. In 2001, a settlement was reached with three of the plaintiffs. ECO has been defended and indemnified by its insurance carrier and was required to pay a 310,000 deductible on settlement of the claims. The remaining lawsuit is pending at this date. Southwest Water and ECO continue to vigorously defend against this claim. At this time, we do not believe these actions will have a material adverse effect on our Financial position. results of operations or cash flows. Southwest Water and Suburban have been named as defendants in several lawsuits alleging water contamination in the San Gabriel Valley Main Basin. Defendants include Southwest Water, Suburban and others. The California Supreme Court (the Court) ruled in February 2002 that the plaintiffs cannot challenge the adequacy of the water quality standards established by the CPUC. The plaintiffs may sue and collect damages from Suburban and other regulated water companies only if they prove that water delivered did not meet CPUC water quality standards. Suburban believes that it has complied with CPUC water quality standards. The Court directed that the cases be sent to the trial court for further proceedings. We now have eleven pending cases. All cases have been consolidated before a single judge. The parties are now engaged in initial pleadings and motions to determine whether, in light of the ruling by the Court, the plaintiffs can plead and prove alleged water contamination. Southwest Water and Suburban have requested defense and indemnification from our liability insurance carriers for these lawsuits. Several of the liability insurance carriers are currently absorbing the costs of defense of the lawsuits. The Company cannot predict the outcome of these lawsuits. Based upon information available at this time, we do not expect that these actions will have a material adverse effect on our financial position, results of operations or cash flows. In 1998, the city of Albuquerque (Albuquerque) initiated an action in eminent domain to acquire the operations of NMUI. In September 2000, the Albuquerque City Council voted to withdraw the condemnation proceeding. In September 2001, we received a formal withdrawal of the lawsuit and Albuquerque has paid us approximately $115,000 to cover the majority of the costs incurred as a result of the condemnation proceedings. NMUI will attempt to recover the balance of these costs of approximately $94,000 however; we cannot assure you that NMUI will be successful in recovering such costs. Southwest Water and its subsidiaries are the subjects of certain litigation arising from the ordinary course of operations. We believe the ultimate resolution of such matters will not materially affect our financial position, results of operations or cash flow. Item 4. Submission of Matters to a Vote of Security Holders At the Annual Meeting of Stockholders held on May 23, 2002, James C. Castle and Maureen Kindel, members of the Board of Directors were reelected by the following votes: Mr. Castle votes for— 7,657,362; and votes abstaining— 120,356. Ms. Kindel votes for—7,646,457; and votes abstaining— 131,261. No votes were cast against the election of either of these individuals. The terms of office of directors H. Frederick Christie, Anton C. Gamier, Linda Griego, Donovan D. Huennekens, Peter J. Moerbeek and Richard G. Newman continued subsequent to the meeting. 16 Item 6. Exhibits and Reports on Form 8-K (a) Exhibits furnished pursuant to Item 601 of Regulation S-K: 10.913 Severance Compensation Agreement between Southwest Water Company and a certain executive officer approved by the Compensation Committee of the Board of Directors on August 31, 2001, filed herewith. 10.11E Fifth Amendment to Credit Agreement, dated October 22, 2001 between Southwest Water Company and Bank of America, N.A., tiled herewith. 10.11F Sixth Amendment to Credit Agreement, dated November 9, 2001 between Southwest Water Company and Bank of America, N.A., filed herewith. 10.12D Fourth Amendment to Credit Agreement, dated November 9, 2001 between Suburban Water Systems and Bank of America, N.A., filed herewith. 10.13G Seventh Amendment to the Amended and Restated Credit Agreement, dated September 30, 2001 between Southwest Water Company and Mellon I" Business Bank of California, filed herewith. 10.14F Sixth Amendment to Credit Agreement, dated September 30, 2001 between Suburban Water Systems and Mellon I"Business Bank of California, filed herewith. 10.15C Business Loan Agreement between New Mexico Utilities, Inc. and Bank of the West, dated April 10, 2002, filed herewith. (b) Reports on Form 8-K: None. 17 SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned thereto duly authorized. SOUTHWEST WATER COMPANY (Registrant) Dated: July 30. 2002 /s/PETER J. MOERBEEK Peter J. Moerbeek Chief Financial Officer (Principal Financial Officer) Dated: July 30. 2002 /s/THOMAS C.TEKULVE Thomas C.Tekulve Vice President Finance (Principal Accounting Officer) 18 UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 10-Q (Mark One) X QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d)OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended March 31, 2002 OR _TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d)OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission file number: 0-8176 Southwest Water Company (Exact name of registrant as specified in its charter) Delaware 95-1840947 (State or other jurisdiction of (I.R.S. Employer incorporation or organization) Identification No.) 225 North Barranca Avenue,Suite 200 West Covina,California 91791-1605 (Address of principal executive offices) (Zip Code) (626)915-1551 (Registrant's telephone number,including area code) Indicate by check mark whether the Registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the Registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days. Yes X No Indicate the number of shares outstanding of each of the issuer's classes of common stock, as of the latest practicable date. On May 8, 2002,there were 9,255,235 common shares outstanding. SOUTHWEST WATER COMPANY AND SUBSIDIARIES INDEX Part 1. Financial Information: Page No. Item 1. Financial Statements: Condensed Consolidated Statements of Income - Three Months Ended March 31, 2002 and 2001 1 Condensed Consolidated Balance Sheets - As of March 31, 2002 and December 31, 2001 2 Condensed Consolidated Statements of Cash Flows - Three Months Ended March 31, 2002 and 2001 3 Notes to Condensed Consolidated Financial Statements 4 Item 2. Management's Discussion and Analysis of Financial Condition and Results of Operations 6 Item 3. Quantitative and Qualitative Disclosures About Market Risk 11 Part 11. Other Information: Item 1. Legal Proceedings 11 Item 4. Submission of Matters to a Vote of Security Holders 12 Item 6. Exhibits and Reports on Form 8-K 12 Signatures 13 PART I—FINANCIAL INFORMATION Item I. Financial Statements Southwest Water Company and Subsidiaries CONDENSED CONSOLIDATED STATEMENTS OF INCOME (Unaudited) Three Months Ended March 31, 2002 2001 (in thousands, except per share data) Operating Revenues $ 28,168 $ 23,215 Operating Expenses: Direct operating expenses 21,618 17,760 Selling, general and administrative expenses 4,404 3,579 26,022 21,339 Operating Income 2,146 1,876 Other Income (Expense): Interest expense (1,156) (992) Interest income 20 19 Other(Note 4) 980 (40) (156) (1,013) Income Before Income Taxes 1,990 863 Provision for Income Taxes 696 328 Net Income 1,294 535 Dividends on Preferred Shares 7 7 Net Income Available for Common Shares $ 1,287 $ 528 Earnings per Common Share (Note 3): Basic $ 0.14 $ 0.06 Diluted $ 0.13 $ 0.06 Cash Dividends per Common Share $ 0.056 $ 0.056 Weighted Average Outstanding Common Shares (Note 3) Basic 9,199 8,996 Diluted 9,758 9,431 See accompanying notes to condensed consolidated financial statements. t Southwest Water Company and Subsidiaries CONDENSED CONSOLIDATED BALANCE SHEETS March 31, December 31, 2002 2001 ASSETS (Unaudited) (in thousands) Current Assets: Cash and cash equivalents $ 701 $ 789 Customers accounts receivable 14,201 21,443 Other current assets 10,531 8,939 25,433 31,171 Property, Plant and Equipment: Utility group property, plant and equipment-at cost 224,205 218,696 Services group operations property, plant and equipment-at cost 15,103 14,317 239,308 233,013 Less accumulated depreciation and amortization 63,564 61,889 175,744 171,124 Other Assets 22,401 22,891 $ 223,578 $ 225,186 LIABILITIES AND STOCKHOLDERS' EQUITY Current Liabilities: Current portion of long-term debt and lines of credit $ 6,099 $ 5,029 Accounts payable 4,485 6,211 Other current liabilities 14,886 15,127 25,470 26,367 Other Liabilities and Deferred Credits: Long-term debt 42,145 44,200 Lines of credit 11,179 13,863 Advances for construction 7,634 7,482 Contributions in aid of construction 56,047 53,619 Deferred income taxes 8,460 8,354 Other liabilities and deferred credits 16,763 16,346 Total Liabilities and Deferred Credits 167,698 170,231 Stockholders' Equity: Cumulative preferred stock 513 513 Common stock 92 92 Paid-in capital 37,815 37,663 Retained earnings 17,460 16,687 Total Stockholders' Equity 55,880 54,955 - S 223,578 $ 225,186 See accompanying notes to condensed consolidated financial statements. 2 Southwest Water Company and Subsidiaries CONDENSED CONSOLIDATED STATEMENTS OF CASH FLOWS (Unaudited) Three Months Ended March 31, 2002 2001 (in thousands) Cash Flows From Operating Activities: Net income $ 2,274 $ 535 Adjustments to reconcile net income to net cash provided by operating activities 2,063 651 Net cash provided by operating activities 4,337 1,186 Cash Flows From Investing Activities: Additions to property, plant and equipment (3,522) (3,432) Proceeds from sale of land 165 Net cash used in investing activities (3,357) (3,432) Cash Flows From Financing Activities: Net (repayments) borrowings on bank notes payable (1,614) 1,943 Contributions in aid of construction and advances for construction 1,044 587 Net proceeds from dividend reinvestment plan, employee stock purchase and stock option plans 152 198 Dividends paid (521) (485) Repayments on advances for construction (74) (133) Redemption of long-term debentures (55) - Net cash provided by (used in) financing activities (1,068) 2,110 Net decrease in cash and cash equivalents (88) (136) Cash and cash equivalents at beginning of period 789 1,379 Cash and cash equivalents at end of period $ 701 $ 1,243 Supplemental Disclosure of Cash Flow Information: Cash paid during the period for: Interest $ 1,326 $ 906 Income taxes $ 263 $ 20 Depreciation and amortization $ 1,733 $ 1,643 Non-cash contributions in aid of construction conveyed to Company by developers $ 2,540 $ 423 See accompanying notes to condensed consolidated financial statements. 3 SOUTHWEST WATER COMPANY AND SUBSIDIARIES NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS MARCH 31, 2002 (Unaudited) 1. Southwest Water Company (Southwest Water, the Company, or "we", "us" or "our") was incorporated in California in 1954 and reincorporated in Delaware in 1988. Southwest Water is a publicly traded holding company. All of our business operations are conducted through our subsidiaries which provide a broad range of services including water production and distribution, wastewater collection and treatment, public works services and utility submetering. We serve more than 1.5 million people in 29 states nationwide. Our business is segmented into a utility group and a services group. In our utility group, we own and operate rate-regulated public water and wastewater utilities. State regulatory agencies oversee the operations of our utilities and establish the rates that we can charge for our services. Our utility group operations are performed by four subsidiaries: Suburban Water Systems (Suburban), New Mexico Utilities, Inc. (NMUI) and Hornsby Bend Utility Company (Hornsby), which are wholly owned, and Windermere Utility Company (Windermere), of which we own 80%. In our services group, we own contract service businesses. Through our wholly owned subsidiary, ECO Resources, Inc. (ECO), we operate and manage water and wastewater treatment facilities owned by cities, public agencies, municipal utility districts and private entities. We also own a 90% interest in Operations Technologies, Inc. (OpTech), a provider of contract water, wastewater and public works services in the southeastern United States. Nationwide, we provide utility submetering and billing and collection services through our 85%-owned (see Note 7) subsidiary, Master Tek International, Inc. (Master Tek). Our service group companies may be subject to regulatory oversight; however, the pricing of our services is not subject to regulation. 2. Certain information and footnote disclosures normally included in our financial statements prepared in accordance with accounting principles generally accepted in the United States of America (US GAAP) have been condensed or omitted pursuant to the rules and regulations of the Securities and Exchange Commission (the SEC). Our condensed consolidated financial statements should be read in conjunction with the financial statements and related notes contained in our Annual Report on Form 10-K for the year ended December 31, 2001 (the 2001 Annual Report). We are not aware of any new accounting standards that would have an adverse material impact on our financial position, results of operations or cash flows. The unaudited condensed consolidated financial statements reflect all adjustments which, in our opinion, are necessary to present fairly the financial position of Southwest Water as of March 31, 2002, and our results of operations for the three months ended March 31, 2002 and 2001. These adjustments are of a normal recurring nature. Certain reclassifications have been made to the 2001 financial statements to conform to the 2002 presentation. 3. We record earnings per share (EPS) by computing "basic EPS" and "diluted EPS" in accordance with US GAAP. "Basic EPS" measures our performance over the reporting period by dividing net income available to common stockholders by the weighted average number of common shares outstanding during the period. "Diluted EPS" measures our performance over the reporting period after giving effect to all potentially dilutive common shares that would have been outstanding if the dilutive common shares had been issued. Stock options, convertible debentures and warrants give rise to potentially dilutive common shares. On September 25, 2001, our Board of Directors 4 declared a five percent stock dividend, payable on October 22, 2001 to stockholders of record on October 1, 2001. Per share amounts and shares outstanding reflect this dividend. a. As fully described in the 2001 Annual Report, prior to December 30, 1999, Southwest Water had a non-contributory defined benefit pension plan (the Pension Plan) for employees of Southwest Water, Suburban and NMUI. On August 5, 1999, our Board of Directors adopted a resolution to terminate the Pension Plan, freeze the assets of the Pension Plan and cease all benefit accruals as of December 30, 1999. In January 2002, the net assets of the Pension Plan were distributed to plan participants as outlined by the Employee Retirement Income Security Act (ERISA) and its related regulations. Following distribution of approximately $14,400,000 to satisfy the pension benefit obligation and settlement of expenses paid by the Pension Plan in accordance with ERISA and its related regulations, the Pension Plan had excess assets of approximately $1,200,000. Under the provisions of Statement of Financial Accounting Standards (SFAS) No. 88, Employers' Accounting for Settlements and Curtailments of Defined Benefit Pension Plans and for Termination Benefits, we recognized a termination gain of approximately $980,000 in the first quarter of 2002. 5. Under the provisions of SFAS No. 142, Goodwill and Other Intangible Assets, goodwill is no longer subject to amortization over its estimated useful life. Instead, goodwill is assessed for impairment on an annual basis (or more frequently if circumstances indicate a possible impairment) by means of a fair-value-based test. SFAS No. 142 requires that goodwill incurred subsequent to June 30, 2001 not be amortized over a fixed period, but rather that it be periodically assessed for impairment. SFAS No. 142 also requires that we provide the following information concerning prior goodwill amortization and the impact of prior goodwill amortization on basic and diluted EPS. For the Three Months Ended March 31, 2002 2001 2000 Reported net income (thousands) $1,294 $535 $430 Add back: Prior goodwill amortization - 53 28 Adjusted net income $1,294 $588 $458 Basic earnings per share: Reported EPS $0.14 $0.06 $0.05 Add back: Prior goodwill amortization - - - Adjusted EPS $0.14 $0.06 $0.05 Diluted earnings per share: Reported EPS $0.t3 $0.06 $0.04 Add back: Prior goodwill amortization - - - Adjusted EPS $0.13 $0.06 $0.04 6. Effective January 2002, we were subject to SFAS No. 144, Accounting for the Impairment or Disposal of Long-Lived Assets. SFAS No. 144 requires that long-lived assets be tested for recoverability when events or changes in circumstances indicate carrying amounts may not be recoverable. SFAS No. 144 further clarifies the methods of accounting for assets that are disposed of. We regularly review assets for impairment. The implementation of SFAS No. 144 did not 5 result in any material adverse effect on our results of operations or financial condition. SFAS No. 144 does not apply to goodwill impairment which is accounted for under SFAS No. 142 as described in Note 5. 7. Through March 31, 2002, we owned 80% of Master Tek. Under the terms of our purchase agreement for Master Tek, the minority owner of Master Tek has the option to require us to purchase his minority interest in increments. The minority owner exercised this option to sell us 5% of Master Tek stock for which we paid $1,000,000 in April 2002, at which point our ownership percentage increased to 85%. 8. We have two reportable segments as defined under the requirements of SFAS No. 131, Disclosures about Segments of an Enterprise and Related Information. We have not changed the basis of segmentation or the basis of measurement of segment profit or loss from the information reported in our 2001 Annual Report. The following table sets forth the disclosures about Southwest Water's reportable segments as required by SFAS No. 131. Total Services Utility Total Segment Consolidated Group Group Information Other Information (in thousands) Three Months Ended March 31,2002 Revenues from external customers $ 17,177 $ 10,991 $ 28,168 $ - $ 28,168 Segment operating profit 496 2,678 3,171 (1,028) 2,146 As of March 31,2002 Segment assets 42,545 176,681 219,226 4,352 223,578 Three Months Ended March 31,2001 Revenues from external customers $ 13,826 $ 9,389 $ 23,215 S - $ 23,215 Segment operating profit 698 2,255 2,953 (1,077) 1,876 As of March 31,2001 Segment assets 33,252 165,496 198,748 2,157 200,905 Item 1:Management's Discussion and Analysis of Financial Condition and Results of Operations Our liquidity, capital resources and cash flows are influenced primarily by capital expenditures at our utility group for the addition, replacement and renovation of water and wastewater utility facilities. Our capital resources are also influenced by investments in new business opportunities, including the acquisition of companies, funding of projects and acquisition of contracts. As fully described in our 2001 Annual Report, ECO financed and built a reverse osmosis water treatment plant, which began operating in 2001. In connection with this project, at December 31, 2001, ECO had recorded a receivable in the amount of approximately $6,600,000 for the work done. Payment for the full amount was received in January 2002. As of March 31, 2002, we had cash and cash-equivalent balances totaling $701,000 and aggregate lines of credit totaling $24,000,000 consisting of three separate unsecured lines of credit from three commercial banks. Two of the lines of credit expire in July 2003. The remaining $4,000,000 line, with a balance of approximately $3,200,000 as of March 31, 2002, was renewed in April 2002 and now expires 6 in April 2004. As of March 31, 2002, we had $14,379,000 outstanding on these lines of credit. During the first quarter of 2002, our outstanding line of credit borrowings decreased by $1,614,000. We paid down our lines of credit primarily with the proceeds from the outstanding receivable from ECO. We also used the proceeds to pay in full our NMUI Series A First Mortgage Bonds in the amount of$2,000,000, and we purchased certain utility property. Under the terms of our purchase agreement for Master Tek, the minority owner of Master Tek has the option to require us to purchase his minority interest in increments. The minority owner exercised this option to sell us 5% of Master Tek stock for which we paid $1,000,000 in April 2002. We expect to maintain our lines of credit in the normal course of business. Each of the line of credit agreements contains certain financial covenants. As of March 31, 2002, we were in compliance with all applicable covenants of each of the line of credit agreements. As of March 31, 2002, we were also in compliance with all restrictions under the indenture for our convertible subordinate debentures. In addition to our lines of credit, we have existing borrowing capacity under our First Mortgage Bond Indentures of approximately $58,000,000 as of March 31, 2002. However, our additional borrowing available under our current commercial lines of credit is limited by financial covenants that restrict additional borrowing at March 31, 2002 to an amount no greater than the remaining unused credit line amount. Additional borrowing outside our lines of credit requires bank approval. During the first quarter of 2002, our additions to property, plant and equipment were $6,062,000, representing an increase of $2,207,000 over 2001. The increase was due primarily to the addition of utility plant by our utility group, including new well and transmission lines at NMUI and the construction of a lift station and forced main, and an elevated storage tank at Windermere. In addition, ECO completed expansion of an office building in Austin, Texas. Developers made contributions in aid of construction (CIAC), Living Unit Equivalent (LUE) fees and advances totaling $3,584,000 during the first quarter of 2002, of which $1,044,000 was received in cash and $2,540,000 was received as non-cash contributions of property. Company-financed capital additions were $2,478,000, funded primarily by cash flow from operations and borrowing on the lines of credit. We estimate that our total capital additions in 2002 will be approximately $14,000,000, primarily for utility plant, and that our cash flows from operations, borrowings on our lines of credit and CIAC will fund these additions. We anticipate that our available line of credit borrowing capacity and cash flows generated from operations will be sufficient to fund our activities during the next 12 months. If we were unable to renew our existing lines of credit, our capital spending or acquisitions would be reduced or delayed until new financing arrangements were secured. Such financing arrangements could include seeking debt or equity financing through a private placement or a public offering. Similarly, if additional cash were needed to fund an acquisition, financing arrangements could include long-term borrowing or equity financing. Critical Accounting Policies We consider certain accounting policies critical in preparing our consolidated financial statements. These include, but are not limited to: recognition of revenues, impairment of goodwill, and utility accounting. Certain of these policies require management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of certain contingent assets and liabilities at the date of the consolidated financial statements, as well as amounts of revenues and expenses during the reporting periods. Actual results could differ from those estimates. Our 2001 Annual Report includes a detailed description of both our critical and significant accounting policies. 7 Regulatory Affairs The California Public Utilities Commission(CPUC),the New Mexico Public Regulation Commission (NMPRC) and the Texas Natural Resources Conservation Commission (TNRCC) regulate the rates and operations of Suburban, NMUI and Windermere and Hornsby, respectively. The rates allowed are intended to provide the utilities an opportunity to recover costs and earn a reasonable return on common equity. Under current CPUC practices, customer water rates may be increased through general rate increases or by offsets for certain expense increases. Typically, general rate increases are for three years and include step increases in the second and third years. General rate increases require formal proceedings with the CPUC in which overall rate structure, expenses and rate base are examined by CPUC staff. Public hearings are also held. General rate proceedings require approximately 12 months from the time an application is tiled to the CPUC's authorization of new rates. The step increases for the second and third years are intended to compensate for projected expense increases. Prior to their approval, step increases are subject to verification that earnings levels have not exceeded the rate of return authorized at the general rate proceeding. In recent years, Suburban succeeded in achieving efficiencies and cost savings that resulted in the deferral of rate requests. At the direction of the CPUC, Suburban filed a rate application on April 2, 2002. This application is expected to take approximately one year to process. Southwest Water and Suburban are unable to predict the outcome of this rate proceeding at this time. Prior to December 1, 2001, the CPUC permitted Suburban (and other regulated utilities) to record the difference between actual and CPUC-adopted water production costs in balancing accounts in the income statement, with a corresponding adjustment on the balance sheet. The CPUC significantly changed this policy by eliminating the use of balancing accounts as of December 1, 2001. In place of the balancing account, Suburban will track the difference between actual and CPUC-adopted water production costs in current operations. Such costs will be accumulated in a memorandum account and Suburban will attempt to recover these costs during its regularly scheduled general rate hearings. We believe that at the conclusion of the current general rate hearing Suburban will be able to recover approximately $2,300,000 that was in the balancing account as of March 31, 2002. However, we cannot assure you of such recovery. Suburban believes that the changed CPUC rules will likely result in greater fluctuations in earnings beginning in 2002. Windermere filed for a general rate increase in June 2001, and new rates became effective in January 2002. NMUI and Hornsby are not currently seeking any rate increase; however, regulatory changes concerning water quality, future construction expenditures and increased operating expenses may result in periodic requests for rate increases. Southwest Water closely monitors legislative, Environmental Protection Agency (EPA), CPUC, NMPRC and TNRCC developments. The various water industry associations in which we actively participate also monitor these developments. We do not know the possible legislative, EPA, CPUC, NMPRC or TNRCC changes that will be enacted or the terms of such changes if enacted. Therefore, we cannot predict the impact, if any, of future legislative changes, EPA, CPUC, NMPRC or TNRCC developments or changes on our financial position, results of operations or cash flows. Our services group business pricing is not subject to regulation by any public regulatory commissions. Most contracts with municipal utility districts are short-term contracts and do not generally include inflation adjustments. Changes in prices are negotiated on a contract-by-contract basis. Our operations and maintenance contracts are generally longer-term water and wastewater service contracts, primarily with cities, and may include inflation adjustments. Most contracts with management companies and owners of apartment or condominium communities are short-term contracts and do not generally include inflation adjustments. Changes in prices are negotiated on a contract-by-contract basis. 8 Weather and Seasonality Considerations Our regulated water utility operations are seasonal. Therefore, the results of operations for one quarter do not indicate results to be expected in another quarter. Rainfall and weather conditions affect our utility group operations, with significant water consumption occurring during the third quarter of each year when weather tends to be hot and dry. Drought conditions may result in lower revenue due to consumer conservation efforts and a shortage of water supply. Drought conditions may also result in increased water costs to us and adversely affect our profitability. Conversely, unusually wet conditions may result in decreased customer demand, lower revenues and lower profit to our utility operations. Our services group operations can also be seasonal in nature. For example, heavy rainfall limits our ability to perform certain billable work such as pipeline maintenance, manhole rehabilitation and other outdoor services. Severe weather conditions can result in additional labor and material costs to us that may not necessarily be recoverable from the various cities under operations and maintenance contracts with us. Environmental Affairs Operations of Suburban, NMUI and Windermere and Hornsby fall under the regulatory jurisdiction of the CPUC, the NMPRC and the TNRCC, respectively. Our utility group operations are also subject to water and wastewater pollution standards and water and wastewater quality regulations of the EPA and various state health regulatory agencies. Both the EPA and state health regulatory agencies require periodic testing and sampling of water. Costs associated with the testing of water supplies have increased and are expected to increase further as the regulatory agencies adopt additional monitoring requirements. In November 2001, the EPA announced a decision to lower the arsenic standard in drinking water from 50 parts per billion to 10 parts per billion. Although our utilities meet the current 50 parts per billion standard, NMUI does not meet the newly adopted arsenic standard. Under current rules, the new standard must be completely met by 2006. NMUI anticipates that significant capital expenditures will be required in order to comply with the new standard. We believe that future incremental costs of complying with government regulations, including any capital expenditures, will be recoverable through increased rates and contract operations revenues. However, we cannot assure you that recovery of such costs will be allowed. To date, we have not experienced any material adverse effects upon our financial position, results of operations or cash flows resulting from compliance with government regulations. As contract operators, ECO and OpTech do not own any of the water sources or utility facilities that they operate for their clients. Although not the owners, ECO and OpTech are responsible for operating these water and wastewater facilities in compliance with all federal, state and local health standards and regulations. Master Tek is a utility submetering, billing and collection services company and does not own or operate any water nor any production or treatment facilities. Results of Operations Three Months Ended March 31, 2001 Compared to the Three Months Ended March 31, 2001 Diluted EPS was $0.13 for the first three months of 2002 compared to diluted EPS of$0.06 in 2001 (after adjustment for a 5% stock dividend on October 1, 2001). The $0.13 in 2002 includes a one-time gain on the termination and settlement of our pension plan obligation (pension termination) which was recorded in March 2002. Total diluted EPS, excluding the gain on pension termination, was $0.07, which represents an increase of 17% over the 2001 first quarter. 9 Operating revenues Operating revenues for the first three months of 2002 increased $4,953,000, or 21%, compared to 2001. Services group revenues increased $3,351,000, or 24%, due primarily to the acquisition of OpTech in August 2001. Utility group revenues increased $1,602,000, or 17%, as a result of increased water usage at Suburban because of a warm, dry winter and the effect of a rate increase at Windermere. Operating income Operating income for the first three months of 2002 increased $270,000, or 14%, compared to 2001 and, as a percentage of operating revenues, was 8% in both 2002 and 2001. Services group operating income decreased $202,000. During the first quarter of 2001, ECO had the benefit of a one-time construction project of a large water treatment plant in El Paso,Texas, and recognized the related revenue and operating income. There was no comparable project in 2002. The decrease in operating income was partially offset by the acquisition of OpTech in August 2001. Operating income at the utilities increased $423,000, due primarily to increased water consumption at Suburban because of unseasonably dry, warm winter weather and the effect of a rate increase at Windermere. Parent company expenses decreased $49,000. Direct operating expenses During the first three months of 2002, direct operating expenses increased $3,858,000, or 22%, compared to 2001. As a percentage of operating revenues, these expenses were 77% in 2002 and 2001. Services group direct operating expenses increased $2,828,000, due primarily to the acquisition of OpTech in August 2001. Utility group direct operating expenses increased $1,030,000, primarily in California, as a result of energy costs and other water-volume-related expenses at Suburban in connection with the increased demand for water in the first quarter of 2002. Selling, general and administrative expenses Selling, general and administrative expenses in the first three months of 2002 increased by $825,000, or 23%, compared to 2001. As a percentage of operating revenues, these expenses were 15.6% in 2002 and 15% in 2001. General and administrative expenses of our services group increased $730,000 due primarily to the acquisition of OpTech in August 2001. General and administrative expenses of the utility group increased $144,000, primarily as a result of depreciation, insurance and payroll expense. General and administrative expenses of the parent company decreased$49,000. Interest and other Total interest expense increased $164,000 during the first three months of 2002 compared to 2001. The increase reflects interest expense on our 20-year convertible subordinate debentures that were issued in July 2001. This increase was offset by decreases in the interest expense on our lines of credit because we paid down a portion of our line of credit borrowing with the proceeds from the debentures. Our interest expense on the lines of credit also decreased due to generally lower interest rates in the first quarter of 2002 compared to 2001. Other income increased $857,000. In March 2002, we recognized a $980,000 one-time gain from the termination and settlement of the pension plan obligation as fully described in Note 4. 10 Item 3: Quantitative and Qualitative Disclosures About Market Risk We have certain indebtedness that is subject to variable interest rates. As a result, Southwest Water's interest expense is affected by changes in the general level of interest rates. Changes in interest rates affect the interest expense paid on the line of credit borrowings, which is determined based upon an agreed rate with the banks. Contractually, the highest interest rates charged on the lines of credit cannot exceed the banks' prime rate minus one-quarter percent. Southwest Water is using the favorable low interest rates in the current market. In part to mitigate future market interest rate risk, we completed a $20,000,000, 20-year convertible subordinate debenture offering in July 2001, which bears a fixed interest rate of 6.85% per annum. The proceeds were used to pay down our variable rate indebtedness. Our long-term debentures were sold with a fixed interest rate, and are not subject to market fluctuation of interest rates. Our debentures are convertible into common stock of Southwest Water and, at a certain EPS level, our debentures will become dilutive in computing our earnings per share. PART II-OTHER INFORMATION Item I. Legal Proceedings ECO was named as a defendant in four lawsuits alleging injury and damages as the result of a sewage spill which occurred at an Austin, Texas, sewage pumping station operated by ECO. In 2001, a settlement was reached with two of the plaintiffs and a third suit is nearing settlement. ECO has been defended and indemnified by its insurance carrier and was required to pay a $10,000 deductible on settlement of the claims. The remaining lawsuit is pending at this date. Southwest Water and ECO continue to vigorously defend against the claims. At this time, we do not believe these actions will have a material adverse effect on our financial position, results of operations or cash flows. Southwest Water and Suburban have been named as defendants in several lawsuits alleging water contamination in the San Gabriel Valley Main Basin. Defendants include Southwest Water, Suburban and others. The California Supreme Court (the Court) ruled in February 2002 that the plaintiffs cannot challenge the adequacy of the water quality standards established by the CPUC. The plaintiffs may sue and collect damages from Suburban and other regulated water companies only if they prove that water delivered did not meet CPUC water quality standards. Suburban believes that it has complied with CPUC water quality standards. The Court directed that the cases be sent to the trial court for further proceedings. The plaintiffs have filed new briefs and a hearing is scheduled for late May 2002. We now have ten pending cases and we have received notice of the filing of an eleventh case, which has not yet been served. Southwest Water and Suburban have requested defense and indemnification from our liability insurance carriers for these lawsuits. Several of the liability insurance carriers are currently absorbing the costs of defense of the lawsuits. The Company cannot predict the outcome of these lawsuits. Based upon information available at this time, we do not expect that these actions will have a material adverse effect on our financial position, results of operations or cash flows. In 1998, the city of Albuquerque (Albuquerque) initiated an action in eminent domain to acquire the operations of NMUI. In September 2000, the Albuquerque City Council voted to withdraw the condemnation proceeding. In September 2001, we received a formal withdrawal of the lawsuit and Albuquerque has paid us approximately $115,000 to cover the majority of the costs incurred as a result of the condemnation proceedings. NMUI will attempt to recover the balance of these costs of approximately $94,000 however, we cannot assure you that NMUI will be successful in recovering such costs. 11 Southwest Water and its subsidiaries are the subjects of certain litigation arising from the ordinary course of operations. We believe the ultimate resolution of such matters will not materially affect our financial position, results of operations or cash now. Item 4. Submission of Matters to a Vote of Security Holders None. Item 6. Exhibits and Reports on Form 8-K (a) Exhibits furnished pursuant to Item 601 of Regulation S-K: None. (b) Reports on Form 8-K: None. 12 SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned thereto duly authorized. SOUTHWEST WATER COMPANY (Registrant) Dated: May 13, 2002 /s/PETER J. MOERBEEK Peter J. Moerbeek Chief Financial Officer Dated: May 13, 2002 /s/THOMAS C. TEKULVE Thomas C. Tekulve Chief Accounting Officer 13 SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned thereto duly authorized. SOUTHWEST WATER COMPANY (Registrant) Dated: May 13, 2002 Peter J. Moerbeek Chief Financial Officer Dated: May 13, 2002 Thomas C. Tekulve Chief Accounting Officer 13 NOV. 18. 2002 5: 03PM KYLE ENGINEERING N0. 718°B P. 2 " C I�D/Y��'I'i oranas a rntY ReaonaI omee Gw �ll I� San 652 b Coe Lor Mares kn•enIe,lq G 926732827 A Sempra Ene rgy'company November 14, '2002 r-Lz No,PLA 510 .� PROJ#233597 Boyle Engineering Corporation 1501 Quail Stree: Newport Beach, I'Ai 92660 Dear Mike Don-nein: Subject: Servia;i Availability for Electric at various sites as noted below. In accordance wt our "RULES FOR THE SALE OF ELECTRIC ENERGY",fi ed with and approved by the Calfiomfa Public Utilities Commission and electric fatuities c in be made available to the fol ovWng sites. • CVWD :911 (old Address 32612 Alipaz)Within the new TRACT 15858—KE, Homes • SJSA#14%vivente De Martita • SJBA C?26400 Paseo Toscana • Desalter Plant— 32470 Paseo Adelanto/Detincehall • Kinoshi:a•-Alipak St at Cm Del Avian • South A 11paz Street • CalleJeitdln--Optional • Mariner—)East e�id of Mariner Drive Although many of ',hese sites may already be planned for, the above list represen.s the latest submittal for requests for electric power. Our ability to serve these sites are 91st , subject to accurate load infom dation provided to the Utility during the time of the initial workorder )reparation. If purchaser is to pl.iy any cost for the installation and/or extension of utility service, ti e costs will be calculated in con lbilmance with our extension and service rules. Evidence of financial arrangements for the installation of electricity can be obtains d from the developer and/or owner based on correspondence from SDG&E on this project. Our ability to serve 'future projects in our service territory will depend on the supply 3f fuel and other essential malonlals available to us and on our obtaining government authurization to construct the facilities required. Sincerely, _ David M. Gilmette, Customer Project Phinner Telephone: (949) 3(1-8040 Orange County Region of SDGSE Serves: slim Viejo Cato de Cal;e - Oane ib0nl Lagu,u aeaah Laguna NAWel Rancho sans Maro ire Sand an Caprarpno Camp PenWtan Coomy or C•anele LatlM Lagw,a Mfg iAsi n VW0 sm Cweeme 7hiq[ f304�LE 1501 Quail Street Newport Beach, CA 92660-2726 TEL: (949)476-3300 FAX: (949)721-7141 www.boylee ngineering,com Al Santos January 6, 2003 Cox Communications 29947 Avenida de las Banderas Rancho Santa Margarita, CA 92688 Telephone/Internet Services -32470 Paseo Adelanto Per our previous conversations in December 2002, I am writing to confirm that Cox will be able to provide telephone and internet services to a treatment plant that is being built at 32470 Paseo Adelanto, San Juan Capistrano. The site is located just north of the confluence of San Juan Creek and Trabuco Creek, and is Parcel 1 of Lot 60 of Tract No. 103 in the City of San Juan Capistrano. Per your request, also attached for your reference are a general vicinity map and a draft site plan. Service will be required to the site by the middle of 2004. If you need any additional information, please call me at (949) 476-3496. Boyle Engineering Corporation cAeia f; � Lisa M. Nelson Copy to: Chris Costello, ECO Resources WILL SERVE CONFIRMATION LETTER TO COX 1-6-02.DOC BOYLE ENGINEERING CORPORATION 9Rx ditM i � SC 2002-1 Execution Copy San Juan Basin Desalter Project Contract Administration Memorandum No. SC 2002-1 Date: January 7,2003 This CONTRACT ADMINISTRATION MEMORANDUM ("CAM") is made pursuant to Section 16.2(B) of the Service Contract for the Design, Construction, Financing and Operation of the San Juan Basin Desalter Project between the Capistrano Valley Water District (the "District") and ECO Resources, Inc. (the "Company") dated September 3, 2002 (the "Service Contract') for the purpose of confinning the agreement of the parties as to matters of interpretation and application which have arisen under the performance and implementation of the Service Contract. All capitalized terms used, but not defined, herein shall have the meanings defined in the Service Contract. Subject: Clarification of Sections 5.4(A), 6.11, 7.12(B), 9.3(L) and 13.3(I)of the Service Contract Set forth below are the understandings of the District and the Company with respect to the clarification of certain provisions of Sections 5.4(A), 6.11, 7.12(B), 9.3(L) and 13.3(I) of the Service Contract. 1. The last sentence of Section 5.4(A) shall read, "The Design/Build Price shall be the sum of the Fixed Design/Build Price and the Fixed Design/Build Price Adjustments." 2. The last sentence of Section 7.12(B) shall read, "In the evert of any such adjustment, delay liquidated damages payable by the Company under Section 7.9, if any, shall be payable from the adjusted Scheduled Acceptance Date and not from December 4, 2004." 3. The second sentence of Section 9.3(L) shall read, "If a ninth or further additional Wells are required, the District shall bear all of the capital and additional operating, maintenance, repair and replacement costs of such ninth and additional Wells and related pipelines required to connect the Well to the existing Wellfreld." 4. Section 13.3(I) shall read, "At all times during which a policy of municipal bond insurance is in effect as contemplated by Section 5.3 and the Bond Insurer is not in default under such policy, the Bond Insurer, and not the Trustee, shall have the rights and obligations given the Trustee under this Section 13.3." 5. Notwithstanding anything in the Service Contract to the contrary, the District and the Company agree that Cost Substantiation shall not apply to Extra Design/Build Work where the parties have negotiated a lump sum price for the performance of such Extra Design/Build Work in accordance with Section 6.11. Accordingly, subsection 6.11(E) shall read as if the second sentence were deleted, and subsection 6.11(F) shall read as if the fourth sentence were deleted. Page 1 of 3 409759.4 022806 MEM SC 2002-1 This CAM contains the entire agreement between the parties with respect to the clarification of Sections 5.4(A), 6.11, 7.12(B), 9.3(L) and 13.3(I) of the Service Contract and supersedes all oral negotiations and prior writings with respect thereto. This CAM may be executed in any number of original counterparts. All such counterparts shall constitute one and the same CAM. Page 2 of 3 409759.4 022806 MEM SC 2002-1 IN WITNESS WHEREOF, the parties have caused this CAM to be executed by their duly authorized representatives as of the day and year first above written. CAPISTRANO VALLEY WATER DISTRICT, ORANGE COUNTY,CALIFORNIA Signature: Signature: Printed Name: Printed Name: Title: Title: ECO RESOURCES, INC. Signature:O Signature: Printed Name: PETER Printed Name: S--UE kik lCk 6kb Dn1 Title: P ZI&1 'TSF NT Title: y 1 cE P(CLSi v W EST, PEG . Page 3 of 3 409759.4 022806 MEM SC 2002-1 IN WITNESS WHEREOF, the parties have caused this CAM to be executed by their duly authorized representatives as of the day and year first above written. CAPISTRANO VALLEY WATER DISTRICT, ORANGE COUNTY,CALIFORNIA Signature:a m 1A Qj�NAS. Sign Printed�NJame: 41TIU Am 1 Y&iL L Printed Nam�6e: S ►"b�'a��h Title: (9 U� Title: ECO RESOURCES,INC. Signature: Signature: Printed Name: Printed Name: Title: Title: Page 3 of 3 409759.4 022806 MEM SC 2002-2 Execution Copy San Juan Basin Desalter Project Contract Administration Memorandum No. SC 2002-2 Date: January 7, 2003 This CONTRACT ADMINISTRATION MEMORANDUM ("CAM") is made pursuant to Section 16.2(B) of the Service Contract for the Design, Construction, Financing and Operation of the San Juan Basin Desalter Project between the Capistrano Valley Water District (the "District") and ECO Resources, Inc. (the "Company") dated September 3, 2002 (the "Service Contract") for the purpose of confirming the agreement of the parties as to certain matters of interpretation and application which have arisen under the performance and implementation of the Service Contract. All capitalized terms used, but not defined, herein shall have the meanings defined in the Service Contract. Subject: Resolution of certain title issues listed on the Site Title Lists and Amended and Restated Site Title Lists delivered to the District by the Company pursuant to Section 4.8 of the Service Contract Set forth below are the understandings of the District and the Company with respect to certain Site title matters appearing on the Site Title Lists and Amended and Restated Site Title Lists delivered to the District by the Company pursuant to Section 4.8 of the Service Contract (the "Site Title Matters"). 1. The definition of"Preliminary Title Reports"or"PTR" set forth in Section 1.1 of the Service Contract shall be deemed to mean (a) with respect to CVWD Well Site #1, SJBA Well Site #2 and SJBA Well Site #4, the preliminary title report with respect to such Sites obtained by the District from First American Title Insurance Company dated as of September 23, 2002 and bearing order number 2227603, together with all supplements and amendments thereto, and (b) with respect to all other Sites, the preliminary title reports with respect to such Sites obtained by the Company from Chicago Title Insurance Company each dated as of a date not earlier than 6 months prior to September 30, 2002, together with all supplements and amendments thereto. 2. The District and the Company acknowledge that the District does not currently hold fee title to the Booster Pumping Station Site. In the event that the District ultimately acquires fee title to the Booster Pumping Station Site at the site currently indicated in the Service Contract, the District agrees that it will obtain an easement across the open space between the Booster Pumping Station Site and the right of way for Rancho Viejo Road, along with securing a sufficient ingress and egress easement to the Booster Pumping Station Site, either across the aforementioned open space or from the roadway and utility easement planned to the east of the Booster Pumping Station Site. The District and the Company agree that the District may designate an alternative area within the legal parcels owned by the District or the City for the construction of the Booster Page 1 of 4 407962.6 022806 MEM SC 2002-2 Pumping Station, in which case the District shall issue a Change Order and the parties shall proceed in accordance with the provisions of Section 6.11 of the Service Contract. The District and the Company agree that the Company shall not be obligated to provide a survey of the Booster Pumping Station Site pursuant to Section 4.2(A)(7)until the District makes a final designation of a suitable site for the Booster Pumping Station, and in no event shall the delivery of the survey for the Booster Pumping Station be a precondition to the occurrence of the Construction Date. 3. The District agrees to grant a temporary easement or license in favor of the Company over the remainder of Lot B of Tract 15998 adjacent to the SJBA Well Site #2 for purposes of temporary access in the performance of the Design/Build Work and storage of equipment during the Construction Period on terms that do not unreasonably interfere with or obstruct the rights of other third parties as reflected in the easements already of record. 4. The District represents that the City Clerk of the City will accept the dedication of South Alipaz Street on Tract No. 6038 for public street purposes. 5. The District agrees to remove the District's equipment and personal property currently located on the Kinoshita Well Site. 6. With respect to the Plant Site, the District represents the following: (a) the instrument listed on the Preliminary Title Reports granting a permit/franchise to the County of Orange, State of California for Orange County Waterworks District No. 4 (`K)CWD No.4") does not infringe on the right of the San Juan Basin Authority to extract water; and (b) OCWD No. 4 is the predecessor to the District and the District is now the holder of the franchise rights to distribute water in the City and in certain parts of Dana Point, California. 7. With respect to CVWD Well Site #1, the District represents that (a) apartial assignment of declarant rights executed by KB HOME Coastal, Inc. in favor of the District has been recorded, and (b) the grant deed of the Alipaz Community Association in favor of the District effecting lot line adjustment No. 02-15858-13 has been recorded. 8. The District represents that, with respect to the Kinoshita Well Site, the easement referenced in exception #8 of the Preliminary Title Report has been acquired by the City, all improvements have been made pursuant to the Agreement for Acquisition of Public Right of Way (as identified in exception#8 of the Preliminary Title Report relating to the Kinoshita Well Site, the "Acquisition Agreement"), and all of the City's obligations under the Acquisition Agreement have been met. 9. The District represents that, with respect to the Kinoshita Well Site, the drainage easement referenced in exception #9 of the Preliminary Title Report has been completed and all eP azY P P of the City's obligations under the Agreement for Acquisition of Drainage Easement (as identified in exception #9 of the Preliminary Title Report relating to the Kinoshita Well Site) have been met. Page 2 of 4 407962.6 022806 MEM SC 2002-2 This CAM contains the entire agreement between the parties with respect to the Site Title Matters and supersedes all oral negotiations and prior writings with respect thereto, including, without limitation, the Site Title Lists and Amended and Restated Site Title Lists, certain correspondence from Pamela Privett to the District dated October 14, 2002, certain correspondence from Neila Bernstein to Pamela Privett dated October 15, 2002, certain correspondence from Pamela Privett to Neila Bernstein dated October 18, 2002, and certain email correspondence from Pamela Privett to representatives of the District and its counsel dated October 22, 2002. Accordingly, the Company acknowledges that all Site Title Matters have been satisfactorily addressed by the undertakings of the District pursuant to this CAM, and agrees to waive its right of termination set forth in Subsection 4.8(E) of the Service Contract. This CAM may be executed in any number of original counterparts. All such counterparts shall constitute one and the same CAM. [Signature Page Follows] Page 3 of 4 407962.6 022806 MEM SC 2002-2 IN WITNESS WHEREOF, the parties have caused this CAM to be executed by their duly authorized representatives as ofthe day and year first above written. CAPISTRANO VALLEY WATER DISTRICT, ORANGE COUNTY,CALIFORNIA Signature: J"14 k� m Q Signatur A. nn ��� " �Ak �XXl6/J Printed Name: e CF ut U �tti Printed Nname�7 Title: f L�.�1��10, wyycs �r2C� Title: LeAe , P hL All- 2 ECO RESOURCES,INC. Signature: Signature: Printed Name: Printed Name: Title: Title: Page 4 of 4 407962.6 022806 MEM SC 2002-2 IN WITNESS WHEREOF, the parties have caused this CAM to be executed by their duly authorized representatives as ofthe day and year first above written. CAPISTRANO VALLEY WATER DISTRICT, ORANGE COUNTY, CALIFORNIA Signature: Signature: Printed Name: Printed Name: Title: Title: ECO RESOURCES,INC. Signature: .�� Signature: 440:�� PrintedNaame: A-TEk 00r-�ECE PrintedName: SlEUu./ E. QICµRocw Title: I QF;/ -b F—N Title: ✓k f- PRrSQ. TT WKT, , Page 4 of 4 407962.6 022806 MEM SC 2002-3 Execution Copy San Juan Basin Desalter Project Contract Administration Memorandum No. SC 2002-3 Date: January 7, 2003 This CONTRACT ADMINISTRATION MEMORANDUM ("CAM") is made pursuant to Section 16.2(B) of the Service Contract for the Design, Construction,Financing and Operation of the San Juan Basin Desalter Project between the Capistrano Valley Water District (the "District") and ECO Resources, Inc. (the "Company") dated September 3, 2002 (the "Service Contract") for the purpose of confirming the agreement of the parties as to matters of interpretation and application which have arisen under the performance and application of the Service Contract. All capitalized terms used, but not defined, herein shall have the meanings defined in the Service Contract. Subject: District Election as to Foundation Construction Method pursuant to Section 5.4(E)of the Service Contract Set forth below are the understandings of the District and the Company with respect to the District's right to elect to have the Company use the pile driving foundation construction method for the Plant pursuant to Section 5.4(E)of the Service Contract. 1. The Company acknowledges that it agreed, notwithstanding anything in the Service Contract to the contrary and without adjustment to the Scheduled Acceptance Date, to allow the District until November 15, 2002 to make its election under Section 5.4(E) of the Service Contract to require the Company to use the pile driving construction method for the Plant foundation 2. By written notice dated November 13, 2002, the District elected to have the Company use the pile driving foundation construction method for the Plant subject to the terms and conditions herein set forth. Accordingly, the Fixed Design/Build Price shall be reduced in accordance with Section 5.4(B) from $25,030,607 to $24,190,607. 3. The Company shall employ a sound attenuation system in connection with the construction of the Plant foundation in accordance with the minimum standards and specifications set forth in the Attachments hereto (the "Sound Attenuation System"). All components of the Sound Attenuation System shall comply with the minimum standards and specifications set forth in the Attachments hereto. 4. The Company agrees to permit, procure, construct, test, utilize and remove the Sound Attenuation System for a fixed price of $584,035.29. The parties acknowledge that the $584,035.29 fixed price for the Sound Attenuation System constitutes a Fixed Design/Build Price Adjustment, increasing the Design/Build Price to $24,774,642.29. Page 1 of 7 409539.7 022806 MEM SC 2002-3 5. The Company agrees to utilize the Sound Attenuation System and to pay all costs associated with renting the components of the Sound Attenuation System for the duration of the pile driving operations relating to the construction of the Plant foundation which shall not exceed 30 working days unless extended by normal construction delays as generally described in Section 6-6, Delays and Extensions of Time, of the 2000 `fGreenbook" Standard Specifications for Public Works Construction 6. The Company shall conduct a sound reading test, in accordance with Attachment 3 and the Contract Standards, at its own costs and expense for each of the first three '-day periods during the performance of the pile driving operations relating to the construction of the Plant foundation. The Company shall provide the District with a summary of the results of each such test within three business days of the performance thereof. 7. No later than 14 days before the completion of the pile driving cperations, the Company shall notify the District that its pile driving operations are nearing completion. The District shall have five days following such Company notification to elect to require the Company to continue to utilize all or a portion of the Sound Attenuation System for a period of 30 days following completion of the pile driving operations relating to the construction of the Plant foundation provided that the District shall be responsible for the costs of renting the components of the Sound Attenuation System for such additional period in accordance with the following schedule: (a) the cost of renting the sound walls and blankets for the entire Sound Attenuation System shall not exceed $12,077 per month; (b) the cost of renting the sound wall for a portion of the Sound Attenuation System shall not exceed$12.53/LF per month; and (c) the cost of renting the sound blankets for a portion of the Sound Attenuation System shall not exceed $10.15/LF per month. This CAM contains the entire zgreement between the parties with respect to the District's election to require the Company to use the pile driving foundation construction method for the Plant pursuant to Section 5.4(E) of the Service Contract and supersedes all oral negotiations and prior writings with respect thereto. This CAM may be executed in any number of original counterparts. All such counterparts shall constitute one and the same CAM. [Signature Page Follows] Page 2 of 7 409539.7 022806 MEM SC 2002-3 IN WITNESS WHEREOF, the parties have caused this CAM to be executed by their duly authorized representatives as of the day and year first above written. CAPISTRANO VALLEY WATER DISTRICT, ORANGE COUNTY,CALIFORNIA Signature: Signature: Printed Name: Printed Name: Title: Title: ECO RESOURCES, INC. Signature: o&A'�" Signature: Printed Name: form q, mF'R6Printed Name: 57EVE. J E QICUfIR' or,) p Title; 1 PZG11)ENT Title: VICE- �RGSIDENT W-KT P-4-6, Page 3 of 7 409539.7 022806 MEM SC 2002-3 IN WITNESS WHEREOF, the parties have caused this CAM to be executed by their duly authorized representatives as of the day and year first above written. CAPISTRANO VALLEY WATER DISTRICT, ORANGE COUNTY,CALIFORNIA Signature: (Im Signa Printed Name: H INL Y Am I R A N I Printed Nam . dC;iQaJG1J/ Title�l,Ard�rlC Wbyk-5 �� Title: 0aU&WL / AIM9 ECO RESOURCES,INC. Signature: Signature: Printed Name: Printed Name: Title: Title: Page 3 of 7 409539.7 022806 MEM SC 2002-3 Attachment 1 Location & Height The sound wall and blankets in question are to be in the locations and have the minimum heights as depicted the attached sketch titled the "Pile Driving Sound Mitigation System." [Insert Map - pdf File] Page 4 of 7 409539.7 022806 MEM SC 2002-3 Attachment 2 Minimum Standards and Specifications The components of the Sound Attenuation System, including the sound wall, blankets, and pile driving shroud, will be constructed by the Company to meet the minimum standards set forth below. Pile Driver Shroud 1. During pile driving, the pile and hammer shall be completely enclosed on all sides by an acoustical shroud. The shroud shall extend from the ground to a point at least 5' above the top of the pile to be driven. The acoustical shroud, held in place by a crane, shall surround the pile driving assembly during pile driving activities. 2. A 360°-cylindrical metal framework shall be constructed for the shroud to support the weight of the attached acoustical blankets. The framework shall be centered on the pile to be driven, and shall have a diameter equal to the diameter of the pile plus 6'. 3. Acoustical blankets shall be firmly secured to the outside of the framework with the sound absorptive side of the blankets oriented towards the interior of the shroud(i.e., towards the pile). The blankets shall be overlapped by at least 6" at seams and taped so that no gaps exist in the shroud. The largest blankets available shall be used to form the shroud in order to minimize the number of seams. The blankets shall be draped on the ground to eliminate any gaps at the base of the shroud. 4. Acoustical blankets shall be firmly secured to the top of the shroud with the sound absorptive side of the blankets oriented towards the interior of the shroud (i.e., towards the pile). The number and size of gaps needed for the safe operation of the pile driver shall be kept to a minimum. 5. The acoustical blankets shall provide a minimum sound transmission class (STC)of 27 and a minimum noise reduction coefficient of 1.00. The acoustical blankets shall provide the following minimum octave-band sound transmission loss values: 63Hz 125 Hz 250 Hz 500 Hz 1 kHz 2 kHz 4 kHz 11 dB 11 dB 13 dB 28 dB 39 dB 40 dB 53 dB 6. The acoustical blankets shall be oil- and UV-resistant, anti-fungal and flame retardant. 7. A view window shall be incorporated into the acoustical blankets in order to facilitate the operation of the pile driver. The window shall be constructed of clear vinyl material that weighs at least 1 pound per square foot. The seams where the window attaches to the acoustical blankets shall be tightly sealed to eliminate gaps. The size of the window shall be kept to the minimum required for safe operation of the pile driver. At all times the window shall be oriented to the east away from the mobile home park. Sound Wall Specifications 1. During pile driving, a sound wall constructed of acoustical blankets shall enclose the job site. 2. A wooden or metal framework shall be constructed around the perimeter of the job site to support the weight of the attached acoustical blankets. A qualified structural engineer shall Page 5 of 7 409539.7 022806 MEM SC 2002-3 review the design of the framework to ensure its adequacy for wind load and other necessary considerations. 3. Where feasible and appropriate, the acoustical blankets shall be attached to existing buildings rather than the framework of Item 2, above. A qualified structural engineer shall examine the existing buildings to ensure that they can support the additional weight, and shall review the design of the blanket attachments to ensure its adequacy for wind load and other necessary considerations. 4. Acoustical blankets shall be firmly secured to the outside of the framework or building with the sound absorptive side of the blankets oriented towards the interior of the job site. The blankets shall be overlapped by at least 6" at seams and taped so that no gaps exist in the sound wall. The largest blankets reasonably available shall be used to form the sound wall in order to minimize the number of seams. The blankets shall be draped on the ground, or buried and back-filled, to eliminate any gaps at the base of the sound wall. 5. The acoustical blankets shall provide a minimum sound transmission class (STC) of 27 and a minimum noise reduction coefficient of 1.00. The acoustical blankets shall provide the following minimum octave-band sound transmission loss values: 63 Hz 125 Hz 250 Hz 500 Hz ] kHz 2 kHz 4 kHz 11 dB H dB 13 dB 28 dB 39 dB 40 dB 53 dB 6. Ingress and egress to the job site shall be through doors located on the north or east side of the sound wall enclosure. These doors shall be, in the reasonable judgment of the Company, the minimum size necessary for moving equipment into and out of the job site, shall be constructed of the same acoustical blanket material as the sound wall and shall overlap the sound wall by a minimum of 6" around the perimeter to form a continuous barrier to the job site noise when closed. A hook-and-loop material shall be used to keep the overlapping portions of the blankets in place when the doors are closed. The doors shall be kept closed at all times except when used for ingress and egress to the job site. 7. The acoustical blankets shall be oil- and UV-resistant, anti-fungal and flame retardant. Page 6 of 7 409539.7 022806 MEM SC 2002-3 Attachment 3 Sound Reading Tests The sound reading tests to be conducted by the Company pursuant to paragraph 6 of this CAM shall be conducted at three separate sites for at least three days of construction activities. The Company shall compare the findings of the sound reading tests to standards provided by the City, and shall compile such findings in a technical report for review by the District. Measurements will be attended by a technician for a portion of the work-day, and continuous unattended measurements shall be taken for the duration of each measurement period. Page 7 of 7 409539.7 022806 MEM SC 2002-4 Execution Copy San Juan Basin Desalter Project Contract Administration Memorandum No. SC 20024 Date: January 7,2003 This CONTRACT ADMINISTRATION MEMORANDUM ("CAM") is made pursuant to Section 16.2(B) of the Service Contract for the Design, Construction, Financing and Operation of the San Juan Basin Desalter Project between the Capistrano Valley Water District (the "District") and ECO Resources, Inc. (the "Company") dated September 3, 2002 (the "Service Contract') for the purpose of confirming the agreement of the parties as to matters of interpretation and application which have arisen under the performance and implementation of the Service Contract. All capitalized terms used, but not defined, herein shall have the meanings defined in the Service Contract. Subject: Designation of Construction Subcontractor under Subsection 16.7(D) of the Service Contract Set forth below are the understandings of the District and the Company with respect to the designation of the construction Subcontractor under subsection 16.7(D) of the Service Contract. 1. The District and the Company acknowledge and agree that the Company shall utilize ARB, Inc. as the Subcontractor for the performance of construction services for the Project. Accordingly, subsection 16.7(D) of the Service Contract shall read, "The Company shall utilize Boyle Engineering, ARB, Inc. and Osmonics Corporation as Subcontractors supplying, respectively, the primary design, construction and membrane system services and equipment for the Project." 2. Item 3 of Appendix 17 to the Service Contract shall read, "ARB, Inc. for construction services". This CAM contains the entire agreement between the parties with respect to the designation of the construction Subcontractor under subsection 16.7(D) of the Service Contract and supersedes all oral negotiations and prior writings with respect thereto. This CAM may be executed in any number of original counterparts. All such counterparts shall constitute one and the same CAM. [Signature Page Follows] Page I of 2 411851.3 022806 MEM SC 2002-4 IN WITNESS WHEREOF, the parties have caused this CAM to be executed by their duly authorized representatives as of the day and year first above written. CAPISTRANO VALLEY WATER DISTRICT, ORANGE COUNTY, CALIFORNIA Signature: Signature: Printed Name: Printed Name: Title: Title: ECO RESOURCES, INC. Signature: Signature: u Printed Name: PETEO" -ImWE2I� Printed Name: SrEuC-N yfCUAPSgj Title: Title: VICE ��IIFUT� buEST, (2EC,, Page 2 of 2 411851.3 022806 MEM SC 20024 IN WITNESS WHEREOF, the parties have caused this CAM to be executed by their duly authorized representatives as of the day and year first above written. CAPISTRANO VALLEY WATER DISTRICT, ORANGE COUNTY,CALIFORNIA Signature: 9A44 Signa Printed Name:1�, Printedm AC L Title5I,l.Yll l b 0JNy'5 (ey-� Title: ECO RESOURCES,INC. Signature: Signature: Printed Name: Printed Name: Title: Title: Page 2 of 2 411851.3 022806 MEM SC 2002-5 Execution Copy San Juan Basin Desalter Project Contract Administration Memorandum No. SC 2002-5 Date: January 7,2003 This CONTRACT ADMINISTRATION MEMORANDUM ("CAM") is made pursuant to Section 16.2(B) of the Service Contract for the Design, Construction,Financing and Operation of the San Juan Basin Desalter Project between the Capistrano Valley Water District (the "District") and ECO Resources, Inc. (the "Company") dated September 3, 2002 (the "Service Contract') for the purpose of confirming the agreement of the parties as to matters of interpretation and application which have arisen under the performance and implementation of the Service Contract. All capitalized terms used, but not defined, herein shall have the meanings defined in the Service Contract. Subject: Closing the Development Period Set forth below are the understandings of the District and the Company with respect to the closing of the Development Period and the establishment of the Construction Date. 1. The District and the Company acknowledge and agree that all Construction Date Conditions precedent to the establishment of the Construction Date contained in Article IV of the Service Contract have been satisfied or waived, as the case may be, pursuant to and in accordance with the terms and conditions of the Service Contract and that certain Joint Acknowledgement of Acceptance of Certain Construction Date Conditions and Other Related Matters dated January 7, 2002 by and between the District and the Company(attached hereto as Exhibit A, the "Joint Acknowledgement'). 2. The District and the Company acknowledge and agree that, as of January 8,2003, the Development Period is terminated, the Construction Date has occurred and the Construction Period has commenced. 3. The Company agrees to waive its right of termination set forth in subsection 4.10(A) of the Service Contract. Such waiver shall be deemed an election not to terminate pursuant to subsection 4.10(B) of the Service Contract, and the Company shall pay the District $1,530,000 from its own funds as the second installment of the Transaction Cost Reimbursement Payment in accordance with subsection 4.10(C)of the Service Contract 4. The District acknowledges that it has achieved (a) modification of the Metropolitan Agreemert to the effect described in item (3) of Section 4.3 of the Service Contract, and (b) agreement with the San Juan Basin Authority to the effect described in item (4) of Section 4.3 of the Service Contract. Accordingly, the District agrees that it shall have no further right of termination under Section 4.11 of the Service Contract. The District further acknowledges and agrees that, as the Construction Date has been established and the Bond Page 1 of 4 410111.2 022806 MEM SC 2002-5 Issuance Date has occurred, its rights of termination under Sections 13.5, 13.6 and 13.7 of the Service Contract have expired. This CAM, along with the Service Contract and the attached Joint Acknowledgement, contains the entire agreement between the parties with respect to the closing of the Development Period and the establishment of the Construction Date and supersedes all prior oral negotiations and writings with respect thereto. This CAM may be executed in any number of original counterparts. All such counterparts shall constitute one and the same CAM. [Signature Page Follows] Page 2 of 4 410111.2 022906 MEM SC 2002-5 IN WITNESS WHEREOF, the parties have caused this CAM to be executed by their duly authorized representatives as of the day and year first above written. CAPISTRANO VALLEY WATER DISTRICT, ORANGE COUNTY,CALIFORNIA Signature: JAA 6f 6UPL, Si e. Printed Name: L rdA& Printed Name: Title: C WU1�S �� � Title: ECO RESOURCES, INC. Signature: Signature: Printed Name: Printed Name: Title: Title: Page 3 of 4 410111.2 022806 MEM SC 2002-5 IN WITNESS WHEREOF, the parties have caused this CAM to be executed by their duly authorized representatives as of the day and year first above written. CAPISTRANO VALLEY WATER DISTRICT, ORANGE COUNTY, CALIFORNIA Signature: Signature: Printed Name: Printed Name: Title: Title: ECO RESOURCES, INC. Signature: O Signature• Printed Name: PF-TER -, Printed Name: STF_UEKI ICNAnQp/J Title: Title:V iCE NES MQJr, W FST, RF G Page 3 of 4 410111.2 022806 MEM