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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/ A Ye - 4.r ,/c rrij Ciy 4 t tt eY�t al'�'4 01 w� Q 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