01-1120_TRENDMAKER DEVELOPMENT, INC._Development AgreementTHIS AGREEMENT, dated this November 20, 2001, by and between Trendmaker
Development, Inc. hereinafter called "Developer", and CAPISTRANO VALLEY WATER
DISTRICT, hereinafter called "District".
THIS AGREEMENT, shall be administered by the CITY OF SAN JUAN
CAPISTRANO, hereinafter called "City", in accordance with Resolution No. 97-10-7-1.
� _
WITNESSETH:
WHEREAS, Developer wishes to obtain water services from District for property
known as PM 2001-143, and District requires the construction and dedication of water
facilities by Developer as a condition of providing said water services; and
WHEREAS, Developer has prepared and submitted to District a set of
improvement plans for said water facilities, and
WHEREAS, District desires to insure that said water facilities are installed in
accordance with District's standards and specifications.
that:
NOW, THEREFORE, it is hereby agreed by and between Developer and District
1. Developer shall, at a shared cost and expense with the District,
construct and install within twenty-four (24) months from the effective date of this
Agreement, all of the water facilities shown and delineated upon the improvement plans
entitled "IMPROVEMENT PLANS PM NO. 2001-143 SAN JUAN CREEK ROAD" as
approved by the Capistrano Valley Water District and the City Engineer of the City of San
Juan Capistrano and on file with said City and by reference made a part of this
Agreement as though fully set forth herein.
2. Developer shall construct said water facilities in accordance with the
approved plans, District's standard specifications and under City's inspection, and shall
indemnify and hold harmless all officers, employees and agents of the City and District
from and against all claims, damages, losses and expenses, including 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. It shall be incumbent
upon the developer to renew the security prior to its expiration.
II. USCF IF WATER
1. Developer hereby expressly agrees that no water shall be used by
Developer, or by Contractor or any Subcontractor, for construction purposes except
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Agreement for Construction of Water Facilities
Trendmaker Development
November 20, 2001
through a meter provided by District. Developer acknowledges that Section 499 of the
California Penal Code provides that unauthorized use of water is a misdemeanor, and
District hereby states its intent to strictly enforce said Penal Code Section.
2. In addition to any criminal penalties, and not as a substitute
therefore, District will charge Developer, and Developer agrees to promptly pay District,
$500.00 per day for unmetered use of District's water by Developer, Contractor, or any
Subcontractor, anyone directly or indirectly employed by any of them, or anyone for
whose acts anyone of them may be liable.
3. Temporary construction meters shall be provided to Developer by
District at the rental rate existing at the time such meters are provided. The use of
"jumpers" is expressly prohibited.
4. Developer shall notify District as soon as it is reasonably practical to
install any permanent meter, and District shall provide and install same as soon thereafter
as reasonably possible. The foregoing notwithstanding, the District may install any meter
when District determines it is desirable to do so.
Ill. PEES„CHARGER, AND SECURITIES
1. Developer shall, prior to the execution of this Agreement, pay District
the following sums:
(a) $824.10 for the costs of District's plan review, inspection of
construction and the control thereof, and for the testing of
materials, which sum is based upon the estimated
construction cost of $12,300.
(b) $1,100 for the furnishing and installation by District of all
permanent water meters, which sum is based upon the
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Agreement for Construction of Water Facilities
Trendmaker Development
November 20, 2001
following number and size of meter: four (4) 1 -inch domestic.
(c) $8,032 for Capital Improvement Charges based upon four (4)
dwelling units at the rate of $2,008 per dwelling unit
(d) $5,600 for Water Storage Charges based upon three (4)
dwelling units at the rate of $1,400 per dwelling unit.
(e) $5,022.91 for Water Capacity Charge for providing additional
water supply to serve the additional demand generated by
your project, determined by the rate of $1,101,281 per cfs of
maximum day demand with the project additional maximum
day demand of .0046 cfs.
2. In addition to the above sums, a surety bond to secure the faithful
performance of this Agreement in the sum of $13,530 is hereby approved.
3. When additional buildings on this property are constructed, Capital
Improvement Charges, Water Storage Charges, and Meter Fees for the additional
development shall be paid prior to additional service being provided.
Developer hereby guarantees the materials and the workmanship of the
water facilities for a period ending 365 consecutive calendar days after the acceptance of
said water facilities by District, and hereby agrees to reimburse District for all costs
associated with the accomplishment of necessary repairs to said water facilities which
may have been made by District within the aforesaid guarantee period.
V. GFNIFRAI
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
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Agreement for Construction of Water Facilities
Trendmaker Development
November 20, 2001
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.
Developer shall pay the prevailing rate of hourly wages and rates or legal
holidays and overtime. Developer shall, accordingly, pay as a penalty to the District the
sum of Twenty-five Dollars ($25.00) for each calendar day, or portion thereof, for each
worker paid less than the prevailing wage under this contract, by Contractor and/or any
subcontractor.
• i' a� •k _
The District is a public agency in the State of California and is subject to the
provisions of law relating to public contracts. It is agreed that all provisions of law
applicable to public contracts are a part of this contract to the same extent as though set
forth herein and will be complied by Contractor.
Developer shall maintain in full force and effect comprehensive
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Agreement for Construction of Water Facilities
Trendmaker Development
November 20, 2001
general liability coverage, including premises operations, products/completed operations,
broad form property damage and blanket contractual liability in the following minimum
amounts:
$500,000 property damage;
$500,000 injury to one person/any occurrence/not limited to
contractual period
e $1,000,000 injury to more than one person/any one occurrence/not
limited to contractual period.
. u . . . • u .. taEWMG 11iiq
Developer shall maintain in full force and effect comprehensive
automobile liability coverage, including owned, hired and non -owned vehicles in the
following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any occurrence/not limited to
contractual period
$1,000,000 injury to more than one person/any one occurrence/not
limited to contractual period.
During the construction period, if Developer or contractor employs
employees to perform services under this Agreement, Developer or contractor shall
obtain and maintain, Worker's Compensation Employer's Liability Insurance in the
statutory amount as required by state law.
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Agreement for Construction of Water Facilities
Trendmaker Development
November 20, 2001
These policies shall not terminate, nor shall they be canceled nor the
coverage reduced until after 30 days written notice is given to the District.
Developer shall provide an endorsement to District establishing that
District has been legally added as an additional insured to the insurance policies required
under this Agreement.
Developer shall indemnify and hold District harmless from any and
all claims, demands, actions, attorney's fees, costs, and expenses based upon or arising
out of errors, omissions, or negligent acts of Developer, its associates, employees,
subcontractors, or other agents while performing services under this Agreement. In the
event an action is commenced by a parry to this Agreement against any other party or
parties hereto to enforce its rights or obligations arising from this Agreement, the
prevailing party in such action, in additional to any other relief and recovery awarded by
the court, shall be entitled to recover all statutory costs plus reasonable attorney's fees.
IX. QTY B MINESS I NSE
Developer will maintain a license to do business in the City of San Juan
Capistrano.
X. INDEPENDENT AGENT
At all times during the term of this Agreement, Developer shall be an
independent agent and shall not be an employee of the District. District shall have the
right to control Engineer only insofar as the results of Developer's services rendered
pursuant to the Agreement; however, District shall not have the right to control the means
by which Developer accomplishes services rendered pursuant to this Agreement.
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Agreement for Construction of Water Facilities
Trendmaker Development
November 20, 2001
Xi r
Developer shall be responsible for all injuries to persons and for damages
to real or personal property of the District, caused by or resulting from any activity or
operation of Developer, its employees or its agents during the progress of or connected
with the rendition of services hereunder. Developer shall defend and hold harmless and
indemnify all officers, employees and agents of City and District from all costs and claims
for damages to real or personal property or personal injury to any third party resulting
from the activity of itself, employees or its agents.
MINIS77MMe• L•
Except as District may specify in writing, Developer shall have no authority,
express or implied, to act on behalf of the District in any capacity as an agent. Developer
shall have no authority, express or implied, pursuant to this Agreement, to bind District to
any obligation.
lF.Azjf91:UIl=VA";l=l
If a judicial action is required to resolve a dispute arising under this
agreement or to otherwise enforce any provision of this agreement, then the prevailing
party shall be entitled to reimbursement for the reasonable attorney's fees and costs from
the other party.
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Agreement for Construction of Water Facilities
Trendmaker Development
November 20, 2001
IN WITNESS WHEREOF, the parties hereto have executed this Agreement,
consisting of nine pages, on the above date.
TRENDMAKER DEVELOPMENT
1860 E. 20\h Street
Signal Hill, CA 90806
562-961-5662 Q/
By: C�"O
Ga Gensamer, CEO
(Attach Notary Acknowledgement)
CITY OF SAN JUAN CAPISTRANO
M
Wett Hart, ayor
-- �f 0
R. Monahan, City Clerk
APPROVED AS TO FORM:
By:
Joh haw, City Attorney
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of ss.
On a' l • before me, Ill (041 TE r r • b( Nf t &1&10—,
Date Name and Title of Icer (e.g., "Jane Doe, otary Public")
personally appeared
Place Notary Seal Above
❑ personally known to me
roved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s�afe_
subscribed to the wit instrument and
acknowledged to me aY executed
the same in hi tterkheir�orized
capacity(+es}, an that by erkheir
signature(4on the instrument the person(s)Tor
the entity upon behalf of which the persor4s)
acted, executed the instrument.
WITNESS,nry hand and official seal.
Signatum of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attache
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) CW ert� fg er LM,
Signer's Name:9j �F C7�
❑ Individual
y{' Corporate Officer—Title(s): f �i
❑ Partner —❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is
T7_& BILI �16t)
Number of Pages:
01999 National Notary Association • 9350 De Soto Ave., P.O. Bax 24102 • Chatsworth. CA 9131324102 • www.natlonalmNryoq Prod. No, 5907 Reorder: Cell Toll -Free 1 800.8]6882]
PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT
State of California )
County of Orange ) ss.
City of San Juan Capistrano )
(Gov't Code 40814 & Civil Code 1181)
On November 20, 2001 before me, Margaret R. Monahan, City Clerk, personally appeared Wyatt
Hart, personally known to me to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized capacity, and that by his
signature on the instrument the person, or the entity upon behalf of which the persons acted, executed
the instrument.
OPTIONAL
Capacity Claimed by Signer Description of Attached Document
Mayor
Development agreement for construction of
Title water facilities
Title or Type of Document
Signer is Representing
The City of San Juan Capistrano Number of Pages
November 20 2001
Date of Document
Gary Gensamer — TrendMaker Development
Signer(s) Other Than Named Above