CORAL PROPERTIESFIFTH AMENDMENT TO AGREEMENT
BETWEEN THE CAPISTRANO VALLEY WATER DISTRICT
AND CORAL PROPERTIES, A CALIFORNIA CORPORATION
FOR CONSTRUCTION OF WATER FACILITIES
THIS FIFTH AMENDMENT to Agreement for Construction of Water Facilities is
made and entered into this first day of April, 1997, by and between CAPISTRANO
VALLEY WATER DISTRICT, hereinafter referred to as "DISTRICT", and CORAL
PROPERTIES, A CALIFORNIA CORPORATION, hereinafter referred to as
"DEVELOPER".
WHEREAS, District and Developer entered into an Agreement for Construction
of Water Facilities on April 17, 1990; and,
WHEREAS, in Section 1-1 of the Agreement states that the water facilities shall
be constructed within 365 calendar days after execution of the Agreement; and,
WHEREAS, in Section 1-3 of the Agreement states that if the water facilities are
not constructed within 365 calendar days after execution of the Agreement, District
has the right to call the security for faithful performance and complete the work; and,
WHEREAS, construction of the water facilities has not begun; and,
WHEREAS, Developer has requested a one-year time extension from the date
first noted in this Amendment.
NOW, THEREFORE, District and Developer agree to rescind the Fourth
Amendment to the Agreement and amend the Agreement for Construction of Water
Facilities dated April 17, 1990 as follows:
Item 1 shall be amended to read:
"Developer shall, at its sole expense, construct and install prior to April
1, 1998, all of the water facilities shown and delineated upon the improvement plans
1
Fifth Amendment to Agreement
for Construction of Water Facilities
April 1, 1997
entitled "Lot 64, Tract 9382 Sewer and Water Plans" as approved by the District
Engineer, on file with said District, and by reference made a part of this Agreement
as though fully set forth herein.
Item 3 shall be amended to read:
"If Developer has not completed the work prior to April 1, 1998, District
has the right to call the surety for faithful performance and complete the work. Any
work performed after April 1, 1998, whether by Developer, District, or others, shall
be in accordance with District's standard specifications in effect as of the time the
work is performed.
2
Fifth Amendment to Agreement
for Construction of Water Facilities
April 1, 1997
Fifth Na�1
IN WITNESS THEREOF, the parties hereto have executed this/#earth \ Ham(/
Amendment to Agreement for Construction of Water Facilities at San Juan
Capistrano, California, on this first day of April, 1997.
CAPISTRANO VALLEY WATER DISTRICT
BY: -
Gil Janes,_ Ch'aiFinan of the Board
ATTEST:
Oeorg'Ann Scott, Clerk of the Board
(SEAL) CORAL PROPERTIES, A CALIFORNIA
CORPORATION
(NOTARY: ATTACH A CA 14841 Yorba, Suite 203
ALL-PURPOSE CERTIFICATE) Tustin, CA 92680
(7 4-8390
BY:
Robert E. aurer, President
APP OV�S TO FORM:
John 10. Shaw, Legal Counsel
Woo;1-7
ff, S/pradlin and Smart
Date I4v�/ 1
3
11�-$� AME RIS
}
STATE OF CALIFORNIA }ss.
COUNTY OF Orange }
On April 3. 1997 , before me, Donna L. Ybarra
personally appeared Robert E. Maurer
, personally known to me
to be the persons) whose name(* is/efe
subscribed to the within instrument and acknowledged to me that hefshe4hey executed the same
in hi5HheF#kieic authorized capacity", and that by his/4ef*4 eif signature* on the instrument the
persons} or the entity upon behalf of which the personM acted, executed the instrument.
WITNESS my hand and official seal.
Signature �
ICOMM. #1039589 YBARRA a
pl W-CAUFORMA =
¢', ORANGE COUNTY
Mr Comm Exp. Jen. 22, IM
(This area for official notarial seal)
Title of Document FIFTH AMENDMENT TO AGREEMENT
Date of Document APRIL 1. 1997 No. of Pages
Other signatures not acknowledged GIL JONES, GEORG' ANN SCOTT & JOHN R. SHAW
3008 (1/94) (General)
First American Title Insurance Company
Dawn Schanderl
From:
Dawn Schanderl
Sent:
Friday, November 02, 2001 9:39 AM
To:
Joe Mankawich
Subject:
RE: How Come
HUMMMMMM you received on 9/20/01 at 9:09 a.m. I never deleted the receipt - just
think.... it's been bothering me for almost 2 months. Strange.
I just wanted to know if the contract is dead. There were 5 amendments and I can't
find out (checked with Craig off and on through the years) what is going on.
-----Original Message -----
From: Joe Mankawich
Sent: Friday, November 02, 20019:28 AM
To: Dawn Schanderl
Subject: RE: How Come
Hmmmm, Maybe cause I didn't recieve it? I generaly open all my E-mails ... I don't know what happened with that
one ...... when did you sed it to me?
-----Original Message -----
From: Dawn Schanderl
Sent: Friday, November 02, 20019:00 AM
To: Joe Mankawich
Subject: How Come
Joe how come you didn't read my email regarding the Maurer contract?
1
f ••
MEMORANDUM
TO: Kathy Thompson, Public Works /
FROM: Dawn M. Schanderl, Deputy City Clerk
DATE: May 17, 1999
SUBJECT: Status Update
Please check on the status of the following agreements with the CV WD:
1. The Capistrano Valley Water District entered into an Agreement with ASL Consulting
Services to provide Engineering Services for the Eastern Transmission Main Relocation.
lease check to see if this agreement has been completed.
2. On April 1, 1997, the C V WD approved a fifth amendment to the agreement for construction
of water facilities with Coral Properties. This amendment expired on April 1, 1998. This
agreement file contains an active bond. Please check the status of this agreeme
Th k you for your help. � % (o Ll c)7L
1 TIU_ u�. ik <� X 69 oun4gv— we( Aow, af,,J Sc-%¢ c4 A
pk-'oti (c) S-.7/
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FIFTH AMENDMENT TO AGREEMENT
BETWEEN THE CAPISTRANO VALLEY WATER DISTRICT
AND CORAL PROPERTIES, A CALIFORNIA CORPORATION
FOR CONSTRUCTION OF WATER FACILITIES
THIS FIFTH AMENDMENT to Agreement for Construction of Water Facilities is
made and entered into this first day of April, 1997, by and between CAPISTRANO
VALLEY WATER DISTRICT, hereinafter referred to as "DISTRICT", and CORAL
PROPERTIES, A CALIFORNIA CORPORATION, hereinafter referred to as
"DEVELOPER".
WHEREAS, District and Developer entered into an Agreement for Construction
of Water Facilities on April 17, 1990; and,
WHEREAS, in Section 1-1 of the Agreement states that the water facilities shall
be constructed within 365 calendar days after execution of the Agreement; and,
WHEREAS, in Section 1-3 of the Agreement states that if the water facilities are
not constructed within 365 calendar days after execution of the Agreement, District
has the right to call the security for faithful performance and complete the work; and,
WHEREAS, construction of the water facilities has not begun; and,
WHEREAS, Developer has requested a one-year time extension from the date
first noted in this Amendment.
NOW, THEREFORE, District and Developer agree to rescind the Fourth
Amendment to the Agreement and amend the Agreement for Construction of Water
Facilities dated April 17, 1990 as follows:
Item 1 shall be amended to read:
"Developer shall, at its sole expense, construct and install prior to April
1, 1998, all of the water facilities shown and delineated upon the improvement plans
1
Fifth Amendment to Agreement
for Construction of Water Facilities
April 1, 1997
entitled "Lot 64, Tract 9382 Sewer and Water Plans" as approved by the District
Engineer, on file with said District, and by reference made a part of this Agreement
as though fully set forth herein.
Item 3 shall be amended to read:
"If Developer has not completed the work prior to April 1, 1998, District
has the right to call the surety for faithful performance and complete the work. Any
work performed after April 1, 1998, whether by Developer, District, or others, shall
be in accordance with District's standard specifications in effect as of the time the
work is performed.
2
Fifth Amendment to Agreement
for Construction of Water Facilities
April 1, 1997
FifthUH
IN WITNESS THEREOF, the parties hereto have executed this/#earth
Amendment to Agreement for Construction of Water Facilities at San Juan
Capistrano, California, on this first day of April, 1997.
CAPISTRANO V WATER DISTRICT
l
BY:
Gil es -man of the Board
ATTEST:
eorg'Ann Scott, Clerk of the Board
(SEAL) CORAL PROPERTIES, A CALIFORNIA
CORPORATION
(NOTARY: ATTACH A CA 14841 Yorba, Suite 203
ALL-PURPOSE CERTIFICATE) Tustin, CA 92680
(7 4-8390
BY:
Robert E. aurer, President
APP OV, TO FORM:
John 19. Shaw, Legal Counsel
Wo�ff, Spradlin and Smart
Date
3
T -A M E -R I
STATE OF CALIFORNIA }
}ss.
COUNTY OF Orange }
On April 3, 1997 , before me,
personally appeared Robert E. Maurer
Donna L. Ybarra
, personally known to me
to be the person( whose name(q) is/are
subscribed to the within instrument and acknowledged to me that he/gheAhe� executed the same
in his, hqe tJ-ieu authorized capacity(+es), and that by his/4efArho-4 signature* on the instrument the
person(4 or the entity upon behalf of which the person(cj acted, executed the instrument.
WITNESS my hand and official seal.
Signature
DONNA L. YBARRA
COMM. #1039589 <
cc NDTARY PUBLIC • CAUFOFNA y
ORANOECOUNTY
MY Corrm Exp. Jan. 22, IM 1
This area for official notarial seal)
Title of Document FIFTH AMENDMENT TO AGREEMENT
Date of Document APRIL 1, 1997 No. of Pages 3
Other signatures not acknowledged GIL JONES, GEORG' ANN SCOTT & JOHN R. SHAW
3006 (1/94) (General)
First American Title Insurance Company
FOURTH AMENDMENT TO AGREEMENT
BETWEEN THE CAPISTRANO VALLEY WATER DISTRICT
AND CORAL PROPERTIES, A CALIFORNIA CORPORATION
FOR CONSTRUCTION OF WATER FACILITIES
THIS FOURTH AMENDMENT to Agreement for Construction of Water Facilities
is made and entered into this 2nd day of April, 1996, by and between CAPISTRANO
VALLEY WATER DISTRICT, hereinafter referred to as "DISTRICT', and CORAL
PROPERTIES, A CALIFORNIA CORPORATION, hereinafter referred to as
"DEVELOPER".
WHEREAS, District and Developer entered into an Agreement for Construction
of Water Facilities on April 17, 1990; and,
WHEREAS, in Section 1-1 of the Agreement states that the water facilities shall
be constructed within 365 calendar days after execution of the Agreement; and,
WHEREAS, in Section 1-3 of the Agreement states that if the water facilities are
not constructed within 365 calendar days after execution of the Agreement, District
has the right to call the security for faithful performance and complete the work; and,
WHEREAS, construction of the water facilities has not begun; and,
WHEREAS, Developer has requested a one-year time extension from the date
first noted in this Amendment.
NOW, THEREFORE, District and Developer agree to rescind the Third
Amendment to the Agreement and amend the Agreement for Construction of Water
Facilities dated April 17, 1990 as follows:
Item 1 shall be amended to read:
"Developer shall, at its sole expense, construct and install prior to April
2, 1997, all of the water facilities shown and delineated upon the improvement plans
1
Fourth Amendment to Agreement
for Construction of Water Facilities
April 2, 1996
entitled 'Lot 64, Tract 9382 Sewer and Water Plans' as approved by the District
Engineer, on file with said District, and by reference made a part of this Agreement
as though fully set forth herein."
Item 3 shall be amended to read:
"If Developer has not completed the work prior to April 2, 1997, District
has the right to call the surety for faithful performance and complete the work. Any
work performed after April 2, 1997, whether by Developer, District, or others, shall
be in accordance with District's standard specifications in effect as of the time the
work is performed."
2
Fourth Amendment to Agreement
for Construction of Water Facilities
April 2, 1996
IN WITNESS THEREOF, the parties hereto have executed this fourth
Amendment to Agreement for Construction of Water Facilities at San Juan
Capistrano, California, on this 2nd day of April, 1996.
CAPISTRANO VALLEY WATER DISTRICT
BY:
Chairman of the Board
(SEAL) CORAL PROPERTIES, A CALIFORNIA
CORPORATION
(NOTARY: ATTACH A CA 14841 Yorba, Suite 203
ALL-PURPOSE CERTIFICATE) Tustin, CA 92680
(714) 544-8390
BY:
Rob rt E. surer, President
APP OVED AS TO F M:
i
.LJ L
Legal Counsel
7 V
Date
3
AM ERI •
}
STATE OF CALIFORNIA }ss.
COUNTY OF orange }
On March 19, 1996 before me, Shari L. Walkup
personally appeared Mbert E. Maurer
personally known to me
(s�ryro�red tfr e k �asiso#sai+s#aEtary evidease) to be the person (ft) whose name() is/a&
subscribed to the within instrument and acknowledged to me that he/94e/4hey executed the same
in his/4efA#e4 authorized capacity(ies), and that by hisA:w4 heir signature(s) on the instrument the
persi or the entity upon behalf of which the person(§) acted, executed the instrument.
WITNESS my hand and official seal.
i .l
(This area for oflloia) notarial sea))
Title of Document Fourth Amerld"ent to Agreement
Date of Document Effective 4/2/96 No. of Pages 3
Other signatures not acknowledged
3008 (1/94) (General)
First American Title Insurance Company
4
•
THIRD AMENDMENT TO AGREEMENT
BETWEEN THE CAPISTRANO VALLEY WATER DISTRICT
AND CORAL PROPERTIES, A CALIFORNIA CORPORATION
FOR CONSTRUCTION OF WATER FACILITIES
THIS THIRD AMENDMENT to Agreement for Construction of Water Facilities is
made and entered into this 3rd day of May, 1994, by and between CAPISTRANO
VALLEY WATER DISTRICT, hereinafter referred to as "DISTRICT', and CORAL
PROPERTIES, A CALIFORNIA CORPORATION, hereinafter referred to as
"DEVELOPER".
WHEREAS, District and Developer entered into an Agreement for Construction
of Water Facilities on April 17, 1990; and,
WHEREAS, in Section 1-1 of the Agreement states that the water facilities shall
be constructed within 365 calendar days after execution of the Agreement; and,
WHEREAS, in Section 1-3 of the Agreement states that if the water facilities are
not constructed within 365 calendar days after execution of the Agreement, District
has the right to call the security for faithful performance and complete the work; and,
WHEREAS, construction of the water facilities has not begun; and,
WHEREAS, Developer has requested a one-year time extension from the date
first noted in this Amendment.
NOW, THEREFORE, District and Developer agree to amend the Agreement for
Construction of Water Facilities dated April 17, 1990 as follows:
SECTION I - CONSTRUCTION AND COMPLETION
Item 1 shall be amended to read:
"Developer shall, at its sole expense, construct and install prior to May
3, 1995, all of the water facilities.....".
Item 3 shall be amended to read:
"If Developer has not completed the work prior to May 3, 1995, District
has the right to call the surety for faithful performance and complete the
1
Third Amendment to Agreement
For Construction of Water Facilities
May 3, 1994
work. Any work performed after May 3, 1995, whether by Developer,
District, or others, shall be in accordance with District's standard
specifications in effect as of the time the work is performed.
IN WITNESS THEREOF, the parties hereto have executed this THIRD
AMENDMENT TO AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES at San
Juan Capistrano, California, on this 3rd day of May, 1994.
CAPISTRANO VALLEY WATER DISTRICT
BY: m�
ollene Ca pbell, C airman of the Board
ATTEST:
eorg'Ann Scott, Clerk of the Board
(SEAL) CORAL PROPERTIES, A CALIFORNIA
CORPORATION
14841 Yorba, Suite 203
Tustin, CA 92680
(714)54 0
BY:
Robert E. Maurer, President
A=VEDTO M:
Y/ Date:
ichard K. Denhalter, Legal Counsel
2
SECOND AMENDMENT TO AGREEMENT
BETWEEN THE CAPISTRANO VALLEY WATER DISTRICT
AND CORAL PROPERTIES, A CALIFORNIA CORPORATION
FOR CONSTRUCTION OF WATER FACILITIES
THIS SECOND AMENDMENT to Agreement for Construction of Water Facilities
is made and entered into this 16th day of February, 1993, by and between
CAPISTRANO VALLEY WATER DISTRICT, hereinafter referred to as "DISTRICT," and
CORAL PROPERTIES, A CALIFORNIA CORPORATION, hereinafter referred to as
"DEVELOPER."
WHEREAS, DISTRICT and DEVELOPER entered into an Agreement for
Construction of Water Facilities on April 17, 1990; and,
WHEREAS, in Section 1-1 of the Agreement states that the water facilities shall
be constructed within 365 calendar days after execution of the Agreement; and,
WHEREAS, in Section 1-3 of the Agreement states that if the water facilities are
not constructed within 365 calendar days after execution of the Agreement,
DISTRICT has the right to call the security for faithful performance and complete the
work; and,
WHEREAS, construction of the water facilities has not begun; and,
WHEREAS, DEVELOPER has requested a one-year time extension from the date
first noted in this Amendment.
NOW, THEREFORE, DISTRICT and DEVELOPER agree to amend the Agreement
for Construction of Water Facilities dated April 17, 1990, as follows:
SECTION I - CONSTRUCTION AND COMPLETION
Item 1 shall be amended to read:
DEVELOPER shall, at its sole expense, construct and install prior to
February 16, 1994, all of the water facilities...
1
Item 3 shall be a9ended to read:
G
If DEVELOPER has not completed the work prior to February 16, 1994,
DISTRICT has the right to call the surety for faithful performance and
complete the work. Any work performed after February 16, 1994,
whether by DEVELOPER, DISTRICT, or others, shall be in accordance
with DISTRICT'S standard specifications in effect as of the time the
work is performed.
IN WITNESS THEREOF, the parties hereto have executed this SECOND
AMENDMENT TO AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES at San
Juan Capistrano, California, on this 16th day of February, 1993.
(SEAL) CAPISTRANQ_-)Wti y ATER DISTRICT
By • - ,/
T es, Chairman of the Board
ATTEST:
Georg' n Scott, Board Clerk
APPROVED AS TO FORM:
Richard K. Denhalter, District Counsel
3//9/;3
SP146AGT.AMD
CORAL PROPERTIES, A CALIFORNIA
CORPORATION
14841 Yorba, Suite 203
Tustin, CA 92680
(714)
By:
Robert E. Maurer, President
2
CAPISTRANO VALLEY WATER DISTRICT
FIRST AMENDMENT TO AGREEMENT
FOR CONSTRUCTION OF WATER FACILITIES
THIS FIRST AMENDMENT TO AGREEMENT FOR CONSTRUCTION OF
WATER FACILITIES is made and entered into this 4th day of September, 1990, i
by and between CAPISTRANO VALLEY WATER DISTRICT, hereinafter
referred to as "DISTRICT," and CORAL PROPERTIES, A CALIFORNIA
CORPORATION, hereinafter referred to as "DEVELOPER."
WHEREAS, DISTRICT and DEVELOPER entered into an AGREEMENT
FOR CONSTRUCTION OF WATER FACILITIES on April 17,1990; and,
WHEREAS, in Section III -4 of the AGREEMENT, it is stated that a 6 -
inch meter will serve the property; and,
WHEREAS, it has been determined that a 6 -inch meter assembly is not
capable of delivering the fire flow at the hydraulic elevation available.
NOW, THEREFORE, DISTRICT and DEVELOPER agree to amend the
AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES dated April 17,
1990, as follows:
SECTION HI - FEES, CHARGES, AND SECURITIES
The first sentence of Item 4 shall be amended to read:
"The 8 -inch meter assembly to serve the project is
capable of delivering capacity far in excess of the
maximum day demand of 2.53 gpm, upon which the
Water Capacity Charge for the project was based."
AMENDMENT TO AGREEMENT FOR
CONSTRUCTION OF WATER FACILITIES
CORAL PROPERTIES
September 4, 1990 - Page Two
IN WITNESS THEREOF, the parties hereto have executed this FIRST
AMENDMENT TO AGREEMENT FOR CONSTRUCTION OF WATER
FACILITIES at San Juan Capistrano, California, on this 4th day of September,
1990.
CAPISTRANO VALLEY WATER DISTRICT
32450 Paseo Adelanto
San Juan Capistrano, CA 92675
(714) 493_-_155115
-Z By:
Gary L. ausdorfer
hairmof the Board of irectors
CORAL PROPERTIES, A CALIFORNIA CORPORATION
14841 Yorba, Suite 203
Tustin, CA 9
(714) 544-8390 Z'
By:
President
ATTEST:
Clerk of the Board of Directors
Capistrano Valley Water District
(Seal)
AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES
THIS AGREEMENT, dated this 17th day of April 1990, by and between CORAL
PROPERTIES, A CALIFORNIA CORPORATION, hereinafter called "Developer", and
CAPISTRANO VALLEY WATER DISTRICT, hereinafter called "District".
WITNESSETH:
WHEREAS, Developer wishes to obtain water services from District for property
known as Lot 64, Tract 9382 (SP -146), and District requires the construction and
dedication of water facilities by Developer as a condition of providing said water
services; and
WHEREAS, Developer has prepared and submitted to District a set of
improvement plans for said water facilities; and
WHEREAS, District desires to insure that said water facilities are installed in
accordance with District's standards and specifications.
that:
NOW, THEREFORE, it is hereby agreed by and between Developer and District
I. CONSTRUCTION AND COMPLETION
1. Developer shall, at its sole cost and expense, construct and install
within 365 consecutive calendar days after the above date of this Agreement, all of the
water facilities shown and delineated upon the improvement plans entitled "Lot 64,
Tract 9382 Sewer & Water Plans" as approved by the District Engineer, on file with said
District, and by reference made a part of this Agreement as though fully set forth
herein.
2. Developer shall construct said water facilities in accordance with the
approved plans, District's standard specifications and under District's inspection, and
shall indemnify and hold harmless District, its agents, and employees from and against
Agreement for Construction of Water Facilities
Coral Properties - Lot 64 - Tract 9382 (SP -146)
April 17, 1990 - Page 2
all claims, damages, losses and expenses, including attorneys' fees, arising out of or
resulting from the performance of the work, and caused in whole or in part by any
negligent act or omission of Developer, Contractor, or any Subcontractor, anyone
directly or indirectly employed by any of them, or anyone for whose acts any of them
may be liable, regardless of whether or not it is caused in part by a party indemnified
hereunder.
3. If Developer has not completed the work within 365 consecutive
calendar days after the above date of this Agreement, District has the right to call the
security for faithful performance and complete the work. Any work performed after
said 365 consecutive calendar days, whether by Developer, District, or others, shall be
in accordance with District's standard specifications in effect as of the time the work is
performed.
4. The security shall remain in effect for a minimum of 365 consecutive
calendar days after all the water facilities have been completed and accepted by
District, and shall continue in effect until exonerated in writing by District.
11L USE OF WATER
1. Developer hereby expressly agrees that no water shall be used by
Developer, or by Contractor or any Subcontractor, for construction purposes except
through a connection authorized by District. Developer acknowledges that Section 499
of the California Penal Code provides that unauthorized use of water is a misdemeanor,
and District hereby states its intent to strictly enforce said Penal Code Section.
2. In addition to any criminal penalties, and not as a substitute therefor,
District will charge Developer, and Developer agrees to promptly pay District, $500.00
Agreement for Construction of Water Facilities
Coral Properties - Lot 64 - Tract 9382 (SP -146)
April 17, 1990 - Page 3
per day for any unmetered use of District's water by Developer, Contractor, or any
Subcontractor, anyone directly or indirectly employed by any of them, or anyone for
whose acts anyone of them may be liable.
3. Temporary construction meters shall be provided to Developer by
District at the rental rate existing at the time such meters are provided. The use of
"Jumpers" is expressly prohibited.
4. Developer shall notify District as soon as it is reasonably practical to
install any permanent meter, and District shall provide and install same as soon
thereafter as reasonably possible. The foregoing notwithstanding, the District may
install any meter when District determines it is desirable to do so.
5. Developer hereby expressly agrees that the water will be used for
landscape and agricultural purposes and fire protection only. No dwellings or other
buildings shall be connected to the property or facilities until Developer has obtained
building permits for said structures that are required by the City of San Juan
Capistrano and has paid all applicable fees to the District. However, water for grading
and other construction purposes may be used provided that Developer obtains
authorization required by the City of San Juan Capistrano for such grading and
construction purposes.
UL FEES, CHARGES AND SECURITIES
1. Developer shall, prior to the execution of this Agreement, pay District
the following sums:
( (a) $742.89 for the costs of District's plan review,
inspection of construction and the control thereof,
and for the testing of materials, which sum is based
10 x.13 upon the estimated construction cost of $11,429.00.
Agreement for Construction of Water Facilities
Coral Properties - Lot 64 - Tract 9382 (SP -146)
April 17, 1990 - Page 4
(b) $1,575.00 for Capital Improvement Charges based
upon one meter serving the property .
(c) $52.75 for Water Storage Charges, based upon one
meter serving the property.
(d) $3,250.68 for Water Capacity Charge ($541,780.00
per cfs of capacity), which sum is based on a
maximum daily demand of 2.53 gpm (0.006 cfs).
2. In addition to the above sums, a suretynbo0d to secure the faithful
performance of this Agreement in the sum of $ ,6 00.00 di
$55r6@�BB• is hereby approved.
3. If any buildings on this property are constructed, Capital Improvement
Charges, Water Storage Charges, Water Capacity Charges, and Meter Fees for the
additional development shall be paid prior to additional water service being provided.
4. The 6 -inch meter assembly to serve the project is capable of
delivering capacity far in excess of the maximum day demand of 2.53 gpm, upon which
the Water Capacity Charge for the project was based. District reserves the right to
assess additional water capacity charges based upon Developer's actual consumption
history. If such charges are not paid in thirty (30) days, water service to the property
will be discontinued until payment is made.
IV. GUARANTEE
Developer hereby guarantees the materials and the workmanship of the
water facilities for a period ending 365 consecutive calendar days after the acceptance
of said water facilities by District, and hereby agrees to reimburse District for all costs
associated with the accomplishment of necessary repairs to said water facilities which
may have been made by District within the aforesaid guarantee period.
Agreement for Construction of Water Facilities
Coral Properties - Lot 64 -Tract 9382 (SP -146)
April 17, 1990 - Page 5
V. GENERAL
1. Developer hereby offers to dedicate to District the water facilities
together with necessary easements.
2. Upon completion of the construction in accordance with the
improvement plans and specifications and the dedication of the necessary easements,
District agrees to accept the water facilities, whereupon said water facilities shall
become property of District.
3. The terms of this Agreement shall inure to the benefit of and be
binding upon the successors and assigns of the parties hereto.
4. Should either party be required to enforce any of the terms of this
Agreement, it is agreed that the prevailing party shall be entitled to costs and
reasonable attorneys' fees.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement,
consisting of five (5) pages, on the above date.
ATTEST:
Clerk of the Board of Directors
Capistrano Valley l ater District
kISEALY
ATTEST:
title
CAPISTRANO VALLEY WATER DISTRICT
32450 Paseo Adelanto
San Juan Ci trano, CA 92675
(714) 49 15 /
CORAL PROPERTIES
14841 Yorba - Suite 203
Tustin, CA 0
(714) 544-8 90
By:
Robert E. surer, resident
Uc
m
STATE OF CALIFORNIA )as.
COUNTY OF Orange —)
On May 10 1990 , before me, the undersigned, a Notary Public in and for
said State, personally appeared RobeY't E. MaUrer _ 6
personally known to me (or proved to me on the
basis of satisfactory evidence) to be the persons who executed the within instrument as
-
tile Presidentrend - '9eeretsryon behalf of_
the corporation therein named, and acknowledged to me that
such corporation executed the within instrument pursuant to its
by-laws or a resolution of its board of directors.
WITNESS my hand and official
i
N
�:1 _ �//7fi�
m re ti Signatu- - (This area for official notarial seal)
OFFICIAL SEAL
KRISTEN N FRANCIS
NOTARY PUBLIC - CALIFORNIA
PRINCIPAL OFFICE IN
ORANGE COUNTY
My Commission Exp. Apr. 19, 1993
N
�:1 _ �//7fi�
m re ti Signatu- - (This area for official notarial seal)
•
AGENDA ITEM • •
TO: Honorable Board of Directors
FROM: Ray A. Auerbach, General Manager
April 15, 1997
SUBJECT: Fifth Amendment to Agreement for Construction of Water Facilities -
Coral Properties (SP -146)
On April 17, 1990, the Board entered into an Agreement with Coral Properties for the
Construction of Water Facilities for Lot 64 of Tract 9382 (SP -146). The subject
facilities have not been constructed. The agreement states that if the facilities are not
constructed within 365 days after execution of the agreement, the District has the
right to call the surety and complete the work. The developer has requested that the
time period be extended to a year from today. This amendment to the agreement
reflects this time extension.
None.
1. Approve the Fifth Amendment to Agreement for Construction of Water
Facilities with Coral Properties, and authorize the Chairman and Clerk of the
Board to sign the Amendment on behalf of the District.
2. Take no action at this time.
3. Request additional information from staff.
By motion, approve the Fifth Amendment to Agreement for Construction of Water
Facilities with Coral Properties, and authorize the Chairman and Clerk of the Board to
sign the Amendment on behalf of the District.
Respectfully submi
Ray A. Auerbach
General Manager SP146.AMO
0
BOND NO. 988387S
Lot 64, Tract 9382 SP -146
PREMIUM $390.00
KNOW ALL MEN BY THESE PRESENTS:
That we, CORAL PROPERTIES, INC.
as Principal, and INDEMNITY COMPANY OF CALIFORNIA
a Corporation, created, organized, and existing and by virtue of the laws of the
State of CALIFORNIA , duly licensed to transact a general surety
business in the State of California, as Surety, are held and firmly bound to the
CAPISTRANO VALLEY WATER DISTRICT, State of California, in the sum of
THIRTEEN THOUSAND DOLLARS (#13,000.00), lawful money of the United States
of America, to be paid to the said District, for which payment, well and truly to be
made we bind ourselves, our heirs, executors and successors, jointly and severally.
THE CONDITION OF THE FOREGOING OBLIGATION is such that whereas the
above bounden Principal has agreed to do and perform the following, to -wit:
Construct and install all of the water facilities pursuant to Agreement
for Construction of Water Facilities entered into on February 6, 1990, by
and between Capistrano Valley Water District and Mauer Development
Company, a copy of which is attached hereto and made a part hereof.
NOW, THEREFORE, the condition of this obligation is such that if the bounden
Principal shall, to the satisfaction of the CAPISTRANO VALLEY WATER DISTRICT
faithfully and properly perform all of the work described in said Agreement and in
accordance with the plans and specifications approved for said work and shall pay all
sums due for all damages suffered by said District by reason of faulty or defective
work or the carelessness or negligence of said Principal and for the completion of
any work not satisfactorily or properly performed in accordance with the Agreement
between District and Principal, and guarantee all work for a period of one year after
acceptance in accordance with said Agreement, then, at the expiration of said
guarantee period, this obligation shall be null and void; otherwise to remain in full
force and effect.
IN WITNESS WHEREOF said Principal and Surety have caused this bond to be
executed by their officers thereunto duly authorized this 2nd day of
MARCH , 19 90 .
PRINCIPAL
CORA PERT S. INC.
(SEAL) By
SURETY
INDEMNITY = OF CALIFORNIA
(SEAL) By
M. os cy , Attorney In Fact
The premium on oris bond is Mailing Address of Surety:
$ 390.00 333 WILSHIRE AVENUE
(Executed in Triplicate) ANAHEIM, CALIFORNIA 92801
CORPORATION
STATE OF CALIFORNIA ORANGE }SS
COUNTY OF
on—MAR I ^ I , before me, the undersigned, a Notary Public in and for said State,
M. SOSKY
personally appeared
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person who executed the within instrument as Attorney -
in -Pact on behalf of Indemnity Company of California, the corporation
therein named, and acknowledged to me that the corporation executed it.
WITNESS my hand and official seal.
Signature q)
ICC 304 (REV. 2185)
wrtays
.wy
Crr4CKL SEAL
—
D. MORO
rl
N61 XW FUAUC- CALIcONNIA
FWIl;C(Fh; 0MCE IN
QAi r1QC COUNTY
commcswn ap. lah 2, 1993
This area
for Official Notarial Seal
POWER OF ATTORNEY OF
IPOMNITY COMPANY OF CALIFOI+A N2 044943
AND DEVELDPERS INSURANCE COMPANY
P.O. BOX 3349, ANAHEIM, CALIF. 92803 • (714) 999-1471
NOTICE: 1. All power and authority herein granted shall In any even •erminale on tri 331st day of December, 1990.
2. This Power of Attorney is void if altered or if any portion i erasec.
3 This Power of Attorney is void unless the seal is readabl, a the rex: is in L ( own ink, the signatures, are in blue ink and this notice is in red Ink.
4. This Power of Attorney should not be returned to the Att ) neyls)-, n -Fact but shouid remain a permanent pan of the obligee's records.
KNOW ALL MEN BY THESE PRESENTS, that, except as expressly ironed, INDEM14ITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each
severally, but not jointly, hereby make, constitute and appoint***DAVID L. MILLER, PAULINE M. MCLEAN, M. SOSKY, K. BECKNELL,
LIANNE M. PAYSON, PAT PERAZA, MARY ELLEN LARA, ESMERALDA URENO, JOINTLY OR SEVERALLY***
mattes and lawlel Attorney(s)-in-Fact, to make, execute, deliver and acknowledge., for and on behalf of each of said corporations as sureties, bonds, undertakings and contracts of
suretyship In an amount not exceeding $1,500,000 in any single undertakiig; giving and granting unto said Alto moy(s)-i n -Fact full power and authority to do and to perform every act
necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revoca-
tion; and all of the acts of said Afro rney(s)-i n -Fact, pursuant to these presents, are beret), ratified and confirmed
The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds, undertakings or contracts of suretyship:
Bank depository bonds, mortgage deficiency bonds, mortgage guarantee bonds, guarantees of installment paper, note guarantee bonds, bonds on financial institutions, lease
bonds, insurance company qualifying bonds, self -insurer's bontlsfidelity bonds or bail bonds.
This Power of Attorney Is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY
OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24, 1996. -
RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney,
qualifying the attorney(s) named In the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assis-
tant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attor-
ney or certificate bearing such facsimile signatures shall be valid and binding a Pon the corporation when so affixed and in the future with respect to any bond, u ndertaking or contract of
suretyship to which it is attached.
IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec-
tive Presidents and attested by their respective Secretaries this 2nd day of January, 1990,
INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY
BY By_
Gerald A. Sauvageau, Prest MV Aar Gerald A. Sauvageau, P siden[ tNsu11
A64ePr OR4r n �P"epFCR��'1�
ATTEST W 1961 ATTEST
n ♦ // i
By By---
Harry
y—-Harry C. rowell, Secretary Harry . Crowell, Secretary `
STATE OF CALIFORNIA)
SS.
COUNTY OF ORANGE )
On January 2, 1990, before me, the undersigned, a Notary Public in and for said State, personally appeared Gerald A. Sauvageau and Harry C. Crowell, personally known to
major proved to me on the basis of satisfactory evidence) to bathe persons who executed the within instrument as President and Secretaryon behalf of Indemnity Company of California
and as President and Secretary on behalf of Developers Insurance Company, the Corporations therein named, and acknowledged to me that the corporations executed it.
WITNESS my hand and official seal.
Signature
] Notary Public
CERTIFICATE
The undersigned, as Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the
foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the resolutions of the respective Boards of Directors
of said corporations set forth in the Power of Attorney, are in tome as of the date of this Certificate.
This Certificate Is executed in the City of Anaheim, California, this _ Zndday of MARCH 1990.
INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE C.OMPANY
//AS/�{By
_— fly Z ��e�iL.C. Fiebiger
Senior Vice President Senior Vice President
0-310 REV. 12/89
•
OFFICIAL SEAL
VIRGINIA M. LOOMAN
r�
NOTARY PUBLIC CALIFORNIA
•
(
PRINCIPAL OFFICE IN
'3'I
ORANGE COUNTY
My Commission Esp. AIR. 9, 1993
The undersigned, as Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the
foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the resolutions of the respective Boards of Directors
of said corporations set forth in the Power of Attorney, are in tome as of the date of this Certificate.
This Certificate Is executed in the City of Anaheim, California, this _ Zndday of MARCH 1990.
INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE C.OMPANY
//AS/�{By
_— fly Z ��e�iL.C. Fiebiger
Senior Vice President Senior Vice President
0-310 REV. 12/89