HomeMy WebLinkAboutAgenda Packet - EVWD Board of Directors - 07/27/2016REGULAR BOARD MEETING
Closed Session Begins at 4:30 PM
July 27, 2016 - 5:30 PM
31111 Greenspot Road, Highland, CA 92346
AGENDA
"In order to comply with legal requirements for posting of agenda, only those items filed
with the District Clerk by 12:00 p.m. on Wednesday prior to the following Wednesday
meeting not requiring departmental investigation, will be considered by the Board of
Directors".
CALL TO ORDER
ROLL CALL OF BOARD MEMBERS
PUBLIC COMMENTS
Any person wishing to speak to the Board of Directors is asked to complete a Speaker
Card and submit it to the District Clerk prior to the start of the meeting. Each speaker is
limited to three (3) minutes, unless waived by the Chairman of the Board. Under the State
of California Brown Act, the Board of Directors is prohibited from discussing or taking
action on any item not listed on the posted agenda. The matter will automatically be
referred to staff for an appropriate response or action and may appear on the agenda at a
future meeting.
AGENDA - This agenda contains a brief general description of each item to be
considered. Except as otherwise provided by law, no action shall be taken on any item not
appearing on the following agenda unless the Board of Directors makes a determination
that an emergency exists or that a need to take immediate action on the item came to the
attention of the District subsequent to the posting of the agenda.
1.Approval of Agenda
RECESS INTO CLOSED SESSION
CLOSED SESSION
2.CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
[Government Code Section 54956.9(d) (1)] Name of Case: City of San Bernardino
v. San Bernardino Valley Municipal Water District, et al., San Bernardino County
Superior Court Case No. CIVDS1605532
3.CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
[Government Code Section 54956.9(d)(1) Name of Case: City of San Bernardino v.
East Valley Water District, et al., San Bernardino County Superior Court Case No.
CIVDS1608620
4.CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
[Government Code Section 54956.9(d)(1)]
Name of Case: SoCal Environmental Justice Alliance v. San Bernardino Valley
Municipal Water District, et al.,
San Bernardino County Superior Court Case No. CIVDS1605072
5:30 PM RECONVENE MEETING
PLEDGE OF ALLEGIANCE
ROLL CALL OF BOARD MEMBERS
ANNOUNCEMENT OF CLOSED SESSION ACTIONS ITEMS
PUBLIC COMMENTS
5.APPROVAL OF CONSENT CALENDAR
All matters listed under the Consent Calendar are considered by the Board of
Directors to be routine and will be enacted in one motion. There will be no
discussion of these items prior to the time the board considers the motion unless
members of the board, the administrative staff, or the public request specific items to
be discussed and/or removed from the Consent Calendar.
a.Investment Report for Quarter Ended June 30, 2016
NEW BUSINESS
6.Official Election for CSDA Board of Directors
7.Update on owner only utility accounts
REPORTS
8.Board of Directors' Reports
9.General Manager/CEO Report
10.Legal Counsel Report
11.Board of Directors' Comments
ADJOURN
P LEASE NOT E:
Materials related to an item on this agenda s ub mitted to the Board after dis trib utio n of the agenda pac ket
are available for p ublic inspec tio n in the Dis tric t's offic e loc ated at 31111 G reens pot Rd., Highland , during
no rmal bus iness ho urs. Als o, s uc h d o c uments are availab le o n the District's web s ite at www.eas tvalley.o rg
sub ject to s taff's ab ility to post the d o cuments b efo re the meeting.
P ursuant to Go vernment Co d e S ectio n 54954.2(a), any reques t fo r a dis ability-related modific ation or
ac commod ation, inc luding auxiliary aids or s ervic es , that is s ought in order to participate in the abo ve-
agendized p ublic meeting sho uld b e direc ted to the Dis tric t Clerk at (909) 885-4900 at leas t 72 hours prior
to said meeting.
BOARD AGENDA STAFF REPORT
Agend a Item #5.a.
Meeting Date: July 27, 2016
Co nsent Item
To: Go verning Bo ard Members
From: General Manager/CEO
Subject: Investment Report for Quarter End ed June 30, 2016
RECOMMENDATION:
S taff rec ommends that the Bo ard of Direc tors acc ep t and file the attached Inves tment Rep ort for the q uarter ended
June 30, 2016.
BACKGROUND / ANALYSIS:
California Government C ode §53646(b ) requires the Treas urer o r CFO of a loc al agenc y to s ubmit a quarterly rep ort
on the agency’s inves tments to the legislative b od y o f the agenc y within 30 days o f the end of eac h quarter.
Discussion
The attac hed sc hedule s hows all of the Dis trict’s c ash and investments, res tric ted and unres tric ted , as of June 30,
2016. Attac hment A s ho ws the inves tment s ec urities purchas ed and retired d uring the quarter April to June 2016.
Increases and decreases in highly liquid funds, suc h as LAIF, are explained in the narrative below.
Unrestricted Investments
LAIF
The b alanc e held in the Local Agency Inves tment Fund at the b eginning o f the q uarter was $14,771,415. The District
mad e two withdrawals, to taling $3,150,000, one in Ap ril to c over the p urc has e of two parc els fo r the Sterling Natural
Res ourc e Center; and one in June to c over large rebate checks for turf removal. In add itio n, interes t earned d uring last
quarter o f $18,401 was posted to the ac co unt in April, res ulting in an end ing balanc e of $11,639,816.
LAIF earnings for the quarter end ed June 30th were $18,013, c alculated at an apportionment rate of 0.55%; up from
0.46% whic h had b een in effect fo r the previo us quarter. The earnings were pos ted to the Dis tric t’s ac c ount o n July
15th, 2016.
Citizen’s Bus ines s Bank (CBB) Wealth Management
The total (book) value of the assets held with CBB d ecreas ed $27,871 to $5,544,085 during the q uarter end ed 6/30/16.
The balance in this acc ount is held b oth in a mo ney market account ($584,405) and in a portfolio o f Treas ury and
federal agenc y securities s hown on Attachment A.
Net interest p ayments rec eived o n securities in the Distric t’s p ortfolio were $34,923 and funds held in mo ney market
ac c ounts earned $418. Earnings were offset b y a $5,385 amo rtization c harge agains t premiums p aid on the acq uisition
of certain bo nds , and inves tment manager fees paid during the quarter were $2,085.
There were no Dis trict transfers to or from this inves tment ac c ount during the q uarter.
The following s c hedule s ummarizes the activity for Unres tricted Inves tments d uring the Quarter ended June 30, 2016:
Restricted Investments
Trust ac counts with Union Bank are used to s afeguard fund s which are restric ted b y bo nd co venants . These ac c ounts
c ontain b ond p roceeds , whic h are restric ted fo r use on projects fo r whic h bonds were issued, and to rec eive fund
transfers from the Dis tric t for us e b y the Trus tee to p ay District bo ndho ld ers.
Union Bank – 2010 Revenue Bo nd Trus t Acc ounts
All bond pro c eed s fro m the 2010 Revenue Bo nd is s ue have been s pent and the related Water and Sewer Acq uisition
trust ac c ounts c lo sed .
The Revenue and Interest Ac counts are us ed by the Trus tee to receive funds from the Distric t LAIF ac c ount
(disc ussed abo ve) and make p ayments to 2010 Revenue Bo nd holders on s emi-annual payment dates of Ap ril 1st and
Oc to ber 1st.
Union Bank – 2013 Revenue Bo nd Trus t Acc ounts
As of March 31, 2016, the Dis tric t had $401,420 of uns pent bo nd pro c eeds to p ay for pipeline p rojects c urrently
under c ons tructio n. Thes e funds were dep leted in April when the Dis trict req uested reimbursement for payment of the
final invoic e fro m the City o f Highland for the joint p ip eline/s to rm d rain pro ject on 5th Street.
The Revenue and Interes t Ac c ounts are us ed b y the Trustee to rec eive fund s from the Distric t LAIF ac c ount and make
payments to 2013 R evenue Bo nd holders on s emi-annual payment d ates o f April 1st and Oc tob er 1st.
S ummary Sc hedule o f Union Bank Trustee Ac c ounts
The following s c hedule s ummarizes ac tivity in the Union Bank ac c ounts for the Quarter end ed June 30, 2016:
AGENCY IDEALS AND ENDEAVORS:
Reco mmend ed by:
Jo hn Mura
General Manager/C EO
Res pec tfully sub mitted :
Brian Tompkins
Chief Financial Officer
Ideals and Endeavor II - Maintain An Environment Committed To Elevated Pub lic Service
(E) - Prac tice transp arent & ac c ountable fiscal management
FISCAL IMPACT :
There is no fis c al impact ass oc iated with this agend a item.
ATTACHMENTS:
Description Type
Investment Report for the Quarter Ended June 30, 2016 Backup Material
Attachment A - CBB Investment Activity Repo rt Quarter Ended
June 30, 2016 Backup Material
EAST VALLEY WATER DISTRICT
Investment Activity
Quarter Ended June 30, 2016
Market
Purch Units / Maturity Amort Cost Adjusted Cost Matured / Adjusted Cost Value
Date Issuer CUSIP Yield Face Value Date 04/01/2016 Adjustment 04/01/2016 Purchases Called 06/30/2016 06/30/2016
04/19/12 FHLB Series YP-2017 3133XNDB2 5.250% 25,765 06/15/17 29,600.21 29,600.21 1,135.39 28,464.82 26,682.07
01/27/16 Federal Home Loan Bank 3130A6XY8 2.000% 100,000 01/27/21 100,000.00 100,000.00 100,000.00 100,459.00
04/25/16 Federal Home Loan 3130A7J55 2.000% 100,000 04/29/21 - - 100,000.00 100,000.00 100,115.00
03/03/14 US Treasury Note 912828SY7 0.625% 300,000 05/31/17 297,937.50 297,937.50 297,937.50 300,270.00
10/19/15 Fannie Mae 3136G0S28 1.700% 355,000 10/23/20 354,645.00 354,645.00 354,645.00 355,142.00
03/15/16 Fannie Mae 3136G3CK9 1.520% 300,000 06/15/20 299,745.00 299,745.00 299,745.00 300,156.00
10/27/15 Freddie Mac 3134G3F88 1.500% 100,000 08/28/19 100,881.00 100,881.00 100,881.00 101,976.00
10/28/15 Freddie Mac 3134G73K5 1.700% 100,000 10/28/20 99,950.00 99,950.00 99,950.00 100,027.00
10/29/15 Freddie Mac 3134G7V65 1.450% 100,000 10/29/19 100,000.00 100,000.00 100,000.00 100,019.00
10/29/15 Freddie Mac 3134G7S28 1.350% 100,000 04/29/19 100,000.00 100,000.00 100,000.00 100,047.00
10/29/15 Freddie Mac 3134G72Q3 1.250% 200,000 04/29/19 200,000.00 200,000.00 200,000.00 200,038.00
10/29/15 Freddie Mac 3130A6NA1 1.400% 100,000 10/29/19 100,000.00 100,000.00 100,000.00 100,002.00
11/17/15 Freddie Mac 3134G76G1 1.050% 300,000 05/17/18 300,000.00 300,000.00 300,000.00 300,039.00
08/27/14 Tenn Valley Authority 880591EQ1 1.750% 272,000 10/15/18 274,769.92 274,769.92 274,769.92 277,641.28
11/30/15 Fannie Mae 3136G2UN5 1.500% 100,000 05/30/19 100,000.00 100,000.00 100,000.00 100,308.00
11/30/15 Freddie Mac 3134G83X5 1.350% 200,000 11/26/18 200,000.00 200,000.00 200,000.00 200,182.00
10/02/12 Freddie Mac 3134A4ZY3 5.750% - 06/27/16 147,041.25 (22,041.25) 125,000.00 125,000.00 - -
11/23/12 US Treasury Note 912828MA5 2.750% 500,000 11/30/16 544,375.00 (36,715.10) 507,659.90 507,659.90 504,940.00
03/30/16 Federal Home Loan Bank 3130A7GD1 1.800% - 03/30/21 200,000.00 200,000.00 200,000.00 - -
06/14/16 Federal Home Loan Bank 3130A8EN9 1.640% 100,000 - - 100,000.00 100,000.00 100,064.00
08/13/13 Federal Farm Credit Bank 3133ECWV2 0.300% 200,000 12/07/16 199,660.00 199,660.00 199,660.00 200,348.00
12/02/13 US Treasury Note 912828UE8 0.750% 500,000 12/31/17 493,632.81 3,183.60 496,816.41 496,816.41 501,310.00
Activity (Book Value)
Attachment A
EAST VALLEY WATER DISTRICT
Investment Activity
Quarter Ended June 30, 2016
Market
Purch Units / Maturity Amort Cost Adjusted Cost Matured / Adjusted Cost Value
Date Issuer CUSIP Yield Face Value Date 04/01/2016 Adjustment 04/01/2016 Purchases Called 06/30/2016 06/30/2016
Activity (Book Value)
05/27/16 Fannie Mae 3136G15S4 1.250% 200,000 12/27/19 - - 199,250.00 199,250.00 200,128.00
10/29/15 Freddie Mac 3134G7U82 1.750% 500,000 10/29/20 499,900.00 499,900.00 499,900.00 500,135.00
11/23/15 Freddie Mac 3134G76C0 1.200% - 11/23/18 300,000.00 300,000.00 300,000.00 - -
05/18/16 Freddie Mac 3134G9DS3 1.750% 200,000 02/18/21 - - 200,000.00 200,000.00 200,140.00
4,952,765 5,042,137.69 (55,572.75) 4,986,564.94 599,250.00 626,135.39 4,959,679.55 4,970,168.35
Attachment A
BOARD AGENDA STAFF REPORT
Agenda Item #6.
Meeting Date: July 27, 2016
Disc ussion Item
To: G o verning Board Memb ers
From: G eneral Manager/CEO
Subject: O ffic ial Elec tion for CSDA Bo ard o f Directo rs
RECOMMENDATION:
Id entify the c and id ate to b e selec ted o n the Eas t Valley Water District’s 2016 C SDA Board Elec tions for
Network Seat B.
BACKGROUND / ANALYSIS:
The California Spec ial Dis tric ts As s o ciatio n (CS DA) is a 501c(6), not-fo r-p ro fit as s o ciatio n that was formed in
1969 to promote good governance and imp ro ved c o re lo cal services thro ugh professional d evelop ment,
ad voc acy, and o ther s ervic es for all typ es o f independent s pec ial d is tric ts . F o r o ver 40 years, C SDA has b een
o ffering its members cos t-efficient p ro grams and rep res entation at the S tate Cap itol with a membership of o ver
1,000 organizatio ns. CS DA p ro vides educatio n and training, insuranc e p ro grams, legal advic e, ind ustry-wide
litigation and p ublic relations s upport, legis lative advo cac y, c ap ital imp ro vement and eq uipment fund ing,
collateral design s ervic es , and mo re importantly, current informatio n that is c ruc ial to a spec ial dis tric t’s
management and o p erational effec tiveness.
2016 c andidates inc lude:
Bill Nels on, Orange Co unty Cemetery Dis trict (Incumb ent running fo r re-elec tion)
John DeMo nac o , Chino Valley Ind epend ent F ire Dis tric t
Ronald Coats , East Valley Water Distric t
CS DA is mad e up o f s ix networks , each with three seats on the Board. Eac h agency may o nly selec t o ne
cand id ate. On April 13, 2016, the G o verning Bo ard adopted Resolution 2016.12 to s upport Chairman C o ats
b eing plac ed as a c and id ate fo r the 2016 CSDA electio n.
Ballo ts are d ue to the CSDA offic e by Augus t 5, 2016. All selec ted Board Memb ers will b e introduced at the
Annual Co nferenc e in Oc tober and will take o ffic e in January 2017.
AGENCY IDEALS AND ENDEAVORS:
Id eals and End eavor III - Demons trate Visionary Lead ers hip To Enhance Dis tric t Id entity
B) S trengthen regional, s tate and national partners hips
FISCAL IMPACT :
Succ es s ful elec tion to the CS DA Bo ard will res ult in additio nal b usines s expens es .
ATTACHMENTS:
Description Type
Election Information Backup Material
Candidate Informatio n Backup Material
CSDA 2016 Ballot Backup Material
BOARD AGENDA STAFF REPORT
Agend a Item #7.
Meeting Date: July 27, 2016
Dis cus s io n Item
To: Governing Bo ard Memb ers
From: General Manager/CEO
Subject: Up date on o wner o nly utility ac c o unts
RECOMMENDATION:
T his item is pres ented fo r info rmatio n only.
BACKGROUND / ANALYSIS:
On Dec emb er 10, 2014, the Board adopted changes to water and was tewater ord inanc es authorizing staff to :
Trans fer tenant held utility ac counts into the property owner ’s name after a tenant-held ac count has been
dis connected due to nonpayment, and
C ontinue to as s ess water and wastewater sys tem c harges on vac ant p ro perty that remains c o nnec ted to
District water and was tewater sys tems .
Implementation o f thes e o rd inanc e changes has taken longer than antic ip ated as staff has wo rked to ens ure that
Utility Billing programming c hanges and settings c o rrec tly reflec t acc o unt holder status and c o rrec tly as s es s
s ys tem c harges. T he nec es s ary p ro cedures are now in plac e, and appro p riate public o utreac h prepared , to
implement the c hanges autho rized in the Ordinanc es.
Attached is a s amp le letter advis ing o wners of the o rdinanc e changes , and new servic e agreement fo rms
s up p o rting the changes. S taff will mail the letters during the first week o f Augus t, with an effec tive d ate o f
Sep tember 1, 2016 fo r imp lementatio n of the changes.
AGENCY IDEALS AND ENDEAVORS:
Ideals and Endeavor II - Maintain An Enviro nment Committed To Elevated P ublic Servic e
(E) - Practice transparent & acc o untab le fis cal management
REVIEW BY OTHERS:
T he attached letter has b een reviewed by legal couns el and the P ub lic Affairs d epartment.
FISCAL IMPACT :
Res p ec tfully s ub mitted:
Brian Tompkins
Chief Financial Offic er
As s es s ment o f s ystem charges to vac ant pro p erties will res ult in an inc rease in operating revenue of
approximately $50,000.
ATTACHMENTS:
Description Type
Letters to P roperty Owners Backup Material
Owner Authorized Billing Agreement Backup Material
Owner Service Agreement Backup Material
[Date]
[Recipient Name]
[Mailing Address]
[City, State, Zip]
Dear [Recipient Name]:
In an effort to maintain a streamlined customer service process, East Valley Water District has implemented
changes to our account structure. As the Owner of a property that has been occupied by a Tenant, we
wanted to provide you with information regarding the new procedures.
This first change taking effect is the implementation of a Continuous Service Agreement. Effective xx (next
tenant change, immediately?), the account will remain open and active in the Owner of Record’s (Owner)
name with the option to add Tenants as Authorized Users for the account. This allows both the Owner and
Tenant to have full access to account information through a Continuous Service Agreement. The Owner is
still allowed to require a Tenant occupying the property to pay the monthly water service bill. In this case
the District would need to receive an Owner/Tenant Billing Agreement authorizing the District to mail
duplicate bills for water service to the Tenant and Owner. When the District is notified of a Tenant moving
out, they will be removed from the Authorized User list while the account will remain open and active in the
Owner’s name. This will reduce the interruption of service at rental properties.
An additional change that may impact your account is related to system charges. District Ordinances 389
and 395 now authorizes system charges to be applied to all properties which are connected to the
District’s water and wastewater systems, commonly referred to as a “ready to serve” charge. This now
applies to vacant developed properties that have an East Valley Water District meter in place. These fixed
monthly charges will be assessed, even during periods when no water is used and no wastewater is
discharged at the property.
As a property owner, you benefit from uninterrupted availability to water and sewer systems, which allows
for accessibility to service faster, easier and more conveniently once your vacancy is filled. System
maintenance and reliability is critical for each and every customer.
For questions regarding these changes, please contact Customer Service at 909-889-9501.
Sincerely,
[Your Name][Title]
OWNER AUTHORIZED BILLING AGREEMENT
Please read and review all guidelines and requirements before submitting application. Please print legibly in ink.
CUSTOMER INFORMATION
APPLICANT NAME
SERVICE ADDRESS
MAILING ADDRESS (if different)
CITY, STATE, ZIP
PHONE EMAIL
IDENTIFICATION NUMBER
NUMBER OF OCCUPANTS PROPERTY TYPE ☐ Residential ☐ Commercial ☐ Other:
BILLING AGREEMENT
Meters are the property of East Valley Water District. EVWD staff are allowed to turn water off or on at the meter. Tampering with
the meter is prohibited by East Valley Water District Ordinance 395 Sec. 5.11 and will result in a $500 fee for the first offense and
$1000 fee for each additional occurrence. _____________ (customer Initials)
This account will remain under the property owner’s name and I am only authorized to receive a copy of the property owner’s bill
in order to make payments on behalf of the property owner. _____________ (customer Initials)
In the event that I vacate the property, it is the responsibility of the property owner to collect any final charges agreed upon
between the tenant and owner._____________ (customer Initials)
TENANT SIGNATURE DATE
PROPERTY OWNER SIGNATURE DATE
INTERNAL USE ONLY
CityWorks Number Meter Number
Staff Member
Read
Additional Notes
East Valley Water District | 31111 Greenspot Road, Highland, California 92346 | (909) 885-9501 | www.eastvalley.org
IDENTIFICATION
Government Issued ID (Drivers
License, Passport, U.S. Military ID, etc.)
OWNER SERVICE AGREEMENT
Please read and review all guidelines and requirements before submitting application. Please print legibly in ink.
APPLICANT INFORMATION
PROPERTY OWNER NAME
SERVICE ADDRESS
MAILING ADDRESS (if different)
CITY, STATE, ZIP
PHONE EMAIL
IDENTIFICATION NUMBER
NUMBER OF OCCUPANTS PROPERTY TYPE ☐ Residential ☐ Commercial ☐ Other:
CO-OWNER APPLICANT
NAME (Optional)
EMAIL
IDENTIFICATION NUMBER
PHONE
SERVICE ORDER AGREEMENT
Meters are the property of East Valley Water District. EVWD staff are allowed to turn water off or on at the meter. Tampering with
the meter is prohibited by East Valley Water District Ordinance 395 Sec. 5.11 and will result in a $500 fee for the first offense and
$1000 fee for each additional occurrence. _____________ (customer Initials)
This account will remain active in the property owner's name until you contact the District in writing to have services
disconnected once the property is sold or EVWD has been provided with a change of ownership notification.
_____________ (customer Initials)
In the event the property is vacated, it is the responsibility of the property owner to pay any final charges or unpaid balances on
the account._____________ (customer Initials)
PROPERTY OWNER SIGNATURE DATE
CO-OWNER SIGNATURE DATE
East Valley Water District | 31111 Greenspot Road, Highland, California 92346 | (909) 885-9501 | www.eastvalley.org
IDENTIFICATION
Government Issued ID (Drivers License,
Passport, U.S. Military ID, etc.)PROOF OF OWNERSHIP
Grant Deed, Settlement Statement,
Closing Statement, etc.
DEPOSIT PER DWELLING UNIT
Due upon receipt of application.$150 INITIATION FEE
Will be applied to your first bill.$30
RELEASE AGREEMENT
THIS RELEASE AGREEMENT ("Agreement") is effective as of the date set forth below, by and between EAST VALLEY WATER
DISTRICT ("EVWD"), a County Water District organized and operating pursuant to California Water Code Section 30000 et deq.,
and the individual(s) ("Releasor") requesting water and/or sewer service to the property identified in this Water/Sewer Service Order
("the Property"), is a release whereby Releasor, pursuant to Section 1541 of the Civil Code, extinguishes all rights and claims against
EVWD, as herein enumerated.
RECITALS
A. Releasor has requested that EVWD provide water service to the Property and that EVWD waive any requirement that the fire
sprinkler system be a separate connection from the domestic water service connection.
B. Prior to EVWD’s consent to supply water to the Property upon these terms, Releasor must satisfactory complete the applicable
Water/ Sewer Service Order, must agree to be bound by the terms and conditions of all rules, regulations, ordinances,
resolutions, and policies that have been or may hereafter be adopted by EVWD, including and fire sprinkler mitigation
requirements that may be imposed by EVWD or any other applicable governmental and/or regulatory agency, and must
terminate and cancel any and all claims of whatever nature which may now or hereafter exist between Releasor and EVWD for
damages to the Property in the event EVWD discontinues water service to the Property.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the foregoing facts and terms and conditions set forth herein, the parties hereto agree to:
1.Releasor, on behalf of himself and his descendants, ancestors, dependents, heirs, executors, administrators, agents, servants,
stockholders, employees, representatives, assigns, and successors, hereby fully release and discharges EVWD and its
directors, administrators, assigns, agents, servants, stockholders, employees, representatives, and successors from all claims,
demands, damages, debts, liabilities, obligations, contracts, agreements, causes of action, suits, and costs of whatever nature,
character, or description, whether known or unknown, anticipated or unanticipated, which Releasor and his above-mentioned
successors now have or may have hereafter have or claim to have against EVWD and its above-mentioned successor arising
out of or related to the termination of water service to the Property.
2.This Agreement, notwithstanding Section 1542 of the California Civil Code, which provides that “a general release does not
extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release which is
known by him must have materially affected his settlement with the debtor,” shall act as a release of all claims that may arise
from the above-mentioned transaction whether such claims are currently known, unknown, foreseen, or unforeseen. Releasor
understands and acknowledges the significance and consequence of such specific waiver of Section 1542, and hereby
assumes full responsibility for any resulting liabilities.
3.This Agreement shall not be construed against the party preparing it, but shall be construed as if both parties jointly prepared
this Agreement and any uncertainty and ambiguity shall not be interpreted against any one party. This Agreement is to be
performed in San Bernardino County, California, and be interpreted, enforced, and governed by and under the laws of the
State of California.
4.This Agreement may be executed in multiple counterparts, each of which shall be deemed an original Agreement, and all of
which shall constitute one agreement to be effective as of the Effective Date herein.
AGREEMENT
THE PROPERTY OWNER, in consideration of being supplied by EVWD with water and/or sewer service on the above premises,
agrees to pay for said service as bills are rendered, at current rates, until the service is discontinued by him in writing. The property
owner further agrees to abide by the rules and regulations of the Board of Directors of the. EVWD is hereby authorized to enter
and inspect the above land or dwelling as necessary for repairs and maintenance. This contract at all times is subject to changes
or modifications by the Board of Directors in the exercise of its jurisdiction. The property owner understands that any unpaid fees
for water services, sewer services, disconnection charges or other fees levied by the EVWD will be made a lien against the above
property pursuant to the rules and regulations of the EVWD and to California Water Code Section 31701.5 ET SEQ. The property
owner remains responsible for all bills owed to EVWD whether or not the property owner actually lives in the premises or signs the
application for service.
RELEASE
By execution of the Water/Sewer Service Order, the parties below agree to be bound by the terms of the Release Agreement.
PLEASE READ SAID RELEASE AGREEMENT PRIOR TO SIGNING THIS WATER/SEWER SERVICE ORDER. I have reviewed this
Agreement and fully understand the terms thereof. I hereby agree to be bound by the provisions of this Agreement.
PROPERTY OWNER SIGNATURE DATE
INTERNAL USE ONLY
CityWorks Number Meter Number
Staff Member Read
Additional Notes