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Home My WebLink AboutAgenda Packet - EVWD Board of Directors - 04/22/2003 DRAFT SUBJECT TO APPROVAL EAST VALLEY WATER DISTRICT APRIL 8, 2003 REGULAR BOARD MEETING MINUTES The meeting was called to order at 2:00 p.m. by President Goodin. Director Negrete led the flag salute. PRESENT: Directors Sturgeon, Negrete, Goodin ABSENT: Directors Lightfoot, Wilson STAFF: Brian Tompkins, Chief F/nancial Officer; Ron Buchwald, Assistant District Engineer; Mary Wallace, Administrative Assistant LEGAL COUNSEL: Steve Kennedy GUEST(s): Anibal Blandon and Jeffrey Endicott (CDM) APPROVAL OF AGENDA M/S/C (Sturgeon-Negrete) that the April 8, 2003 Agenda be approved as submitted. PUBLIC PARTICIPATION President Goodin declared the public participation section of the meeting open at 2:02 p.m. There being no written or verbal comments, the public participation section was closed. APPROVAL OF MARCH 25, 2003 BOARD MEETING MINUTES. M/S/C (Negrete-Sturgeon) that the March 25, 2003 Board Meeting Minutes be approved as submitted. Minutes: 04/08/03 APPROVAL OF LIENS FOR DELINQUENT WATER AND SEWER ACCOUNTS. The Administrative Assistant stated that the charges identified by Account Numbers: 0170229-00, 0251411-07, 0340093-02, 0530121-01, 0940061-01 and 01540088-00 had been paid and should be removed from the lien list. M/S/C (Negrete-Sturgeon) that the liens for delinquent water and sewer accounts be approved for processing with the exceptions as noted by the Administrative Assistant. RESOLUTION 2003.18 -NOTICE OF COMPLETION FOR ENCASEMENT OF A 24" SEWER MAIN CROSSING CITY CREEK, NORTH OF 5TH STREET IN Tm*~ CITY OF HIGtlI,AND was presented to the Board for approval. M/S/C (Negrete-Sturgeon) that Resolution 2003.18 be approved. DISBURSEMENTS M/S/C (NegreteNSturgeon) that General Fund Disbursements #192635 through 192798 distributed during the period of March 26, 2003 through April 2, 2003 in the amount of $1,348,502.84 and Payroll Fund Disbursements for the period ended March 28, 2003 in the amount of $83,359.33 totaling $1,431,862.17 be approved. DIRECTOR'S FEES AND EXPENSES FOR MARCH 2003 were presented to the Board for approval. M/S/C (Sturgeon-Negrete) that the Director's fees and expenses for March 2003 be approved. CONTRACTS WITH CDM FOR DEVELOPMENT OF VULNERABILITY ASSESSMENT OF WATER SYSTEM AND EMERGENCY RESPONSE PLAN were presented to the Board for approval. Ron Buchwald, Assistant District Engineer, recommended approval of the proposal from CDM to perform the work for a Vulnerability Assessment and Emergency Response Plan. Staff was directed to prepare a Vulnerability Assessment contract between CDM and EVWD (a requirement of the USEPA) and an Emergency Response Plan (a requirement of the Depattment of Health Services. M/S/C (Negrete-Sturgeon) that the proposals from CDM for a Vulnerability Assessment and Emergency Response Plan be approved. 2 Minutes: 04/08/03 DISCUSSION AND POSSIBLE ACTION REGARDING Tlt~ TIME AND DATE FOR THE DISTRICT'S 2003 BUDGET WORKSHOP. A date for the District's 2003 Budget Workshop was scheduled for Thursday, May 15, 2003 at 9:00 a.m. Information only. DISCUSSION AND POSSIBLE ACTION REGARDING THI*~ UPGRADE AND REPLACEMENT OF WATER PIPELINES IN 5TH STREET NEAR BOULDER AVENUE AND CITY CREEK AND TFFE ASSOCIATED CEQA EXEMPTION DOCUMENTS. Ron Buchwald recommended the District enter into an agreement with Law Plumbing for the work proposed in accordance with the Waterline Improvement Plan submitted by Law Plumbing Co. and that the Notice of Exemption be posted with the San Bemardino County Clerk and State Office of Planning and Research. IVUS/C (Sturgeon-Negrete) that the CEQA requirement, Notice of Exemption be approved and posted with the San Bernardino County Clerk of the Board of Supervisors and the State Office of Plarming and Research, State Clearinghouse. M/S/C (Sturgeon-Negrete) that the proposals from Law Plumbing for a Waterline Improvement Plan ~ 5th Street Bridge be approved. RELEASES OF LIEN FOR DELINQUENT WATER AND SEWER ACCOUNTS. List of liens released on March 21, 2003 was reviewed. Information only. INVESTMENT REPORT FOR QUARTER ENDED MARCH 31~ 2003. The Investment Report for Quarter ended March 31, 2003 was reviewed. Information only. ORAL COMMENTS FROM BOARD OF DIRECTORS Directors Sturgeon stated that he had reserved a table for the luncheon on April 17th and would make reservations for anyone wishing to attend. Car pooling would be discussed after the number of attendees has been determined. Information only. Director Negrete noted that concerned agencies were suggesting joint efforts in finding solutions to the impending water quality problems. Information only. Director Goodin commented on the Legislative Breakfast, featuring Senator Jim Bmlte, which he attended on Friday, April 4th and that one of the topics for discussion was the California State Budget. Information only. 3 Minutes: 04/08/03 There being no further verbal or written comments from the Directors, this section of the meeting was closed. ASBCSD M]gMBERSltI1) MEETING HOSTED BY VICTOR VALLEY WATER DISTRICT, WOODY'S COCKY BULL IN VICTORVILLE, APRIl, 21, 2003. Information only. ADJOURN The meeting was adjourned at 2:25 p.m. until the next regularly scheduled Board Meeting on April 22, 2003. Donald D. Goodin, President Robert E. Martin, Secretary 4 Minutes: 04/08/03 CERTIFICATE OF LIEN APRIL 22, 2003 ACCOUNT OWNERS PROPERTY AMOUNT NUMBER NAME ADDRESS OWED 1. 0010048-07* $t60.88 2. 0010202-07* $49.81 3. 0020092-01' $66.56 4. 0040055-08* $85.67 5. 0140132-01 $122.77 6. 0150104-06* $17.38 7. 0210185-05* $132.26 8. 0350208'00' ~)~k~ $41.61 9. 0420169-04 $64.58 10. 0542609-02* ~EI~ $74.68 tl. 0930066-00* $60.73 12. 1t30241-01' $70.16 TOTAL ~ $ 947.09 * STILL OWNS PROPERTY + MULTIPLE UNITS Page 1 of 1 DEVELOPMENT AGREE1VtENT ~ /~/~- ~0 ~, by and between EAST ~S AG~E~NT is made this/~ , day of V~LEY WATER DIST~CT, a public agency (hereinaRer "the DIST~CT"), and ~G~ 87, LP (hereina~er "the DE.LOPER"). ~C~ALS A. The DIST~CT is a CounW Water District organized and operating pursuant to California Water Code Se~ion 30000 et seq. B. The DE.LOPER proposes to subdivide and develop ceR~n real prope~y within the boundaries of the DIS~CT which is located at the southwest corner of Baseline and Cunningham, in the City of ~ghland, County of San Bernmdino, State of California, and is generally identified as Tract No. 16404 (hereina~er "the PROPERTY"). A copy of the Tentative Tract Map for the PROPERTY is aRached hereto as E~bk "A" and is incorporated herein by this reference. C. The development of the PROPERTY will consist of 87 dwelling units, and the DE.LOPER desires that the DIST~CT provide domestic water and sewer semite to the' PROPERTY. The DE.LOPER intends to design and construct the facilkies necessary for water an~ sewer se~ice to be hrnished to the PROPERTY. D. The DIST~CT supplies domestic water and sewer semite wkhin the area to se~ed and is the public agency empower~ by law to provide such semites to the PROPERTY. E. The purpose of this AG~E~NT is to provide the terns and conditions under which the DE.LOPER will design and construct the hcilities necessa~ for the DIST~CT to supply water and sewer se~ice to the PROPERTY (hereina~er "the PRO.CT"). CO~NANTS NOW T~FO~, in consideration of the preceding Recitals and the mural Covenants contained herein, the panics hereto agree as follows: Section 1. DESIGN OF FACILITIES. The DEVELOPER agrees to design the water and "sewer facilities for the pRoPERTY in the following manner and according to the Rules and Regulations of the DIST][klCT: a. The DISTRICT agrees to provide to the DEVELOPER tentative water and sewer plans which conform to the requirements of the DISTRICT. b. The DEVELOPER agrees to design the water and sewer facilities for the PROPERTY in accordance with the DISTRICT's Standards for Design and Processing of Water and Sewer Plans and the tentative plans provided by the DISTRICT. The designs shall be submitted to the DISTRICT in a complete form which shall provide sufficient information for review and approval by the DISTRIC'[ in the exercise of its sole discretion. c. The DISTRICT may request certain changes in the plans to provide for oversizing of facilities, which DEVELOPER agrees to incorporate into the plans and specifications for the PROPERTY. d. The DEVELOPER shall furnish the DISTRICT with any and all easements necessary for the construction, operation, maintenance, and repair of any and all water and/or sewer facilities to be installed and/or used for the PROJECT. All easements shall be submitted to the DISTRICT for review and approval by the DISTRICT in the exercise of its sole discretion prior to the DISTRICT's acceptance of any dedication of the PROJECT facilities under Section 6 of this AGREEMENT. e. The DEVELOPER shall submit all Plans, drawings, specifications, and contract documents, for all work to be performed pursuant to this AGREEMENT, to the DISTRICT for review and approval, if acceptable to the DISTRICT. The DISTRICT agrees to review all such documents in a timely manner and, upon inclusion of all changes thereto requested by the DISTRICT in a manner satisfactory to the DISTRICT, 'the DISTRICT will provide the 2 DEVELOPER with authorization to proceed. The DEVELOPER shall not proceed with the construction of the PROJECT and any other water or sewer facilities for use on the PROPERTY until the DISTRICT so authorizes. Section 2. CONSTKUCTION OF FACILITIES. The DEVELOPER agrees to construct the PROJECT and all other water and sewer facilities necessary for the PROPEKTY in the following manner subject to the DISTRICT's approval: a. The DEVELOPER shall obtain all necessary permits from the (city or county) and all other public or private agencies required for the construction thereof. The PKOJECT and the facilities appurtenant thereto shall be constructed at a location determined by the DISTRICT, and shall be relocated by the DISTRICT at the DEVELOPEK's sole expense if such relocation is deemed necessary ky the DISTRICT in its sole discretion. The DEVELOPER hereby grants the DISTRICT full access to the PROPERTY and all other locations where the work contemplated herein is to be performed. b.. All facilities constructed pursuant to this AGREEMENT shall be in accorda~ace with accepted standards and practices in the industry and in compliance with all local, state, and federal laws, rules, and regulations. The DEVELOPER shall be responsible for providing all labor, materials, and equipment necessary to perform the work for the PROIEGT, and such work shall be performed in a timely and workmanlike manner by a party or entity acceptable to the DISTRICT. All such facilities shall conform to the DISTRICT's Standard Specifications for the Furnishing of Materials and the Construction of Water and Sewer Pipelines. All costs and liabilities in connection with the design and constructic,n of the PROJECT shall be borne solely by the DEVELOPER. c. The DISTRICT shall inspect and approve all work to be performed under this AGREEMENT. However, any approval by the DISTRICT of such work, or of the designs, specifications, repons, and/or materials furnished hereunder, is understood to be conceptual approval only and will not operate to relieve the DEVELOPER or its contractors, consultants, or subcontractors of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or their own willful misconduct. Further, neither the DISTRICT's review, approval, or acceptance of any of the work or services pe~ormed irt connection with this AGREEMENT shall be construed as a waiver of any rights hereunder or of any defense or cause of action which the DISTRICT may have arising out of the performance of this AGtLEEMENT or any previous or subsequent agreements. The DEVELOPER shall cause the facilities constructed under this AGREEMENT to be inspected as required by any and all other public or private agencies. Section 3. DEVELOPER'S COSTS. In addition to all other obligations imposed upon the DEVELOPER under this AGREEMENT, the DEVELOPER shall be responsible for the payment of all of the following: a. The DEVELOPER shall pay to the DISTRICT all, or any portion, of the connection fees for the PROPERTY at the time of application for water and sewer service therefor. The DISTRICT will provide water and sewer service only to those specific subdivision lots within the PROPERTY for which payment in full has been made to the DISTRICT. b. The DEVELOPER shall be solely responsible for the payment of all costs, fees, and expenses associated with the construction, inspection, operation, maintenance, repair, and relocation.of the PROJECT, including all costs, fees, and expenses incurred for the e~vironmental analysis, engineering, and design of the PROJECT c. The DEVELOPER shall comply with all rules, regulations, resolutions, and ordinances of the DISTRICT that are currently in place or may hereafter he adopted, and shall pay when due any and all fees, deposits, charges, rates, fines, penalties, taxes, and/or assessments that may be levied by the DISTRICT. d. The DEVELOPER hereby consents; and waives any objection, to the exercise of any and all collection remedies that are available to the DISTRICT under the law upon the PROPERTY and/or the person and/or property of DEVELOPiER and its shareholders and partners. Section 4. SECURITY. a. The DEVELOPER shall provide performance, completion, and/or payment bonds for the PROJECT in the minimum amount of not less than 100 percent of the estimated construction costs containing covenants which are acceptable to the DISTRICT and the (city or county) b. The DEVELOPER shall provide a maintenance bond for the PROJECT in the amount of 100 percent of the construction cost, which shall contain covenants which are satisfactory to the DISTRICT. Such bond shall remain in force for at least twelve (12) months from the date of acceptance by the DISTRICT of the dedication of said facilities. c. The DEVELOPER shall also procure and maintain during the performance of this AGKEEMEIqT such policies of insurance, bonds from an acceptable surety, cash deposits, escrow accounts, letters of credit, and other forms of security, in amounts and upon terms deemed sufficient by the DISTRICT in its sole discretion to protect the DISTRICT from any and all exposure to loss and/or liability. Sectiofi 5. COSTS FOR OVERSIZING. Pursuant to Section 1 .c. of this AGREEMENT, the DISTRICT agrees to pay to the DEVELOPER the incremental cost of oversizing any PROJECT facilities greater than twelve inches (12") in diameter for water distribution pipelines and ten inches (10") in diameter for sewage collection pipes. The DISTRICT shall determine the amount of the incremental cost c,f oversizing and the method of payment in the exercise of its sole discretion prior to its acceptance of the PROJECT facilities. Section 6. DEDICATION OF FACILITIES. a. The DEVELOPER shall, upon completion of the construction of all facilities to be installed hereunder to the satisfaction of the DISTRICT, dedicate said facilities to the DISTRICT by a deed of dedication or such other instrument as the DISTRICT may prescribe, and the D]ISTRICT agrees to accept the dedication thereof by formal action of its Board of Directors. Thereafter, such dedicated facilities shall become and be operated and maintained by the DISTRICT as part of the DISTRICT's water and sewer system. The DISTRICT shall not accept dedication of said water or sewer facilities until all connection fees have been. paid unless otherwise allowed under Section 3.a. herein. b. The DEVELOPER hereby grants the DISTRICT full access to the PROPERTY for the purpose of installing, operating, inspecting, maintaining, and repairing a].l meters, valves, and other appurtenances necessary for the DISTRICT to record, regulate, and control the amount of water pumped therefrom. Section 7. SERVICE RESTRICTIONS. Any obligation on the part of the DISTRICT to supply water to the PROPERTY pursuant to the terms of this AGKEEIVJENT shall be excused in the event that the perfc.rmance thereof is interrupted for any of the following reasons: riots, wars, sabotage, civil disturbances, insurrection, explosion, court order, natural disasters such as floods, earthquakes, landslides, and fires, and other labor disiurbances and other catastrophic events which are beyor~d the reasonable control of the DISTRICT. Notwithstanding any other provision to the contrar, t, the DISTRICT may suspend or refuse water service to the PROPERTY if the DEVELOPER is in breach, default, or violation of this AGREEMENT or any rule, regulation, resolution, and/or ordinance of the DISTRICT that is currently in place or may hereafter be adopted, or if such service would adversely affect the health, safety, or welfare of 6 the DISTRICT's customers, or for any other reason deemed paramount by the DISTRICT in its Sole discretion. · Section 8. NO I[EPRESENTATIONS, WARRANT[ES, OK CLAIM OF WATER RIGHTS. The DISTRICT makes no express or implied representations or warranties concerning the quality, pressure, or temperature of any water delivered pursuant to the terms of this AGREE1V[ENT, or the manner in which the water is provided, or its fitness for any particular purpose, and the DISTPd[C;r shall not be held liable for any losses incurred or damages sustained as a direct or indirect result thereof, nor shall the DISTRICT be held liable for any losses incurred or damages suslained after the water furnished hereunder is transferred to the PROJECT facilities. Any water cc.nveyed by the DISTRICT under this AGREElv[ENT shall not serve as the basis of, or otherwise support, any waier fights claim that may be asserted by the DEVELOPER. Section 9. LIABI]LITY FOR DAMAGES. The DISTRICT shall not be held liable or responsible for any debts or claims that may arise from the operation of this AGREEMENT, or for any damage claims for injury to persons, including the DEVELOPER and/or its officers, directors, shareholders, guests, invitees, trespassers, agents, contractors, consultants, and employees, or for property damage, from any cause arising out of or in any way related to the PROPERTY, the PRO~,CT, and/or the DEVELOPER's obligations hereunder. Section 10. KELIEASE. The DEVELOPER hereby expressly waives and releases the DISTRICT and its agents, officers, directors, and employees from any and all liability for the claims, actions, and/or losses set forth in Section 9 above and for any costs and expenses incurred in connection therewith. The DEVELOPER, notwithstanding the provisions of California Civil Code § 1542, which provides as follows: "A general release does not extend to claims which the creditor did not know or suspect to exist in his or her favor at the time oftl~e executed release which if known by him or her must have materially affected his or her settlement with the debtor." expressly waives and r,,linquishes all' rights and benefits afforded to the DEVELOPER thereunder and under any and all similar laws of any state or territory of the United States with respect to the claims, actions, and/or losses referenced above. This AGREE1VfENT shall act as a release of any claims that may arise from the aforementioned whether such claims are currently known or unknown. The DEVELOPER understands and acknowledges the sigrfificance and consequences such specific waiver of Civil Code § 1542 and hereby assumes full responsibility for any injuries, damages, losses, or liability that may result from the claims identified above. This AGREEMENT shall also.act as a release of any claims, actions, and/or losses set forth in Section 9 above, that may arise in the future whether such claims are currently foreseen or unforeseen. Section 11. HOL____]D HAR_M2LESS. Excepting the sole or active negligence or willful misconduct of the DISTRICT, the DEVELOPER shall indemnify and hold the DISTRICT and its officers, directors, agents, and employees harmless from and against all claims and liabilities of any kind arising out of, in connection with, or resulting from, any and all acts or omissions on the part of the DEVELOPER and/or its officers, directors, shareholders, partners, assignees, guests, invitees, trespassers, agents, contractors, consultants, and employees in connection with the PROPERTY, the PROJECT, and the performance of their obligations under this AGREEMENT, including design defects, even if occurring aRer the completion of the PROJECT, and defend 'the DISTRICT and its officers, directors, agents, and employees from any suits or actions at law or in equity for damages, and pay all court costs and counsel fees in connection therewith. In addition, the DEVELOPER agrees to defend, indemnify, and hold the DISTRICT harmless from and against all claims, losses, liabilities, damages, demands, actions, judgments, causes of action, assessments, penalties, costs, expenses (including, without limitation, the reasonable fees and disbursements of legal counsel, expert witnesses, and accountants), and all foreseeable and unforeseeable consequential damages which might arise or be asserted against th,~' DISTRICT and/or the DEVELOPER with regard to the PROPERTY and/or the PROJECT 'which are alleged and/or determined~to be tortious, and/or in violation of 8 present and future federal, state, and local laws (whether under common law, statute, .role, regulation, or otherwise), including, but not limited to, the California Environmental Quality Act, Public Resources Code Section 21000 et seq., and the Guidelines adopted thereunder, California Code of Regulations Section 15000 et seq., all as the same may be amended from time to time. Section 12. NOTICES. Any notice, tender, or delivery to be given hereunder by either party to the other shall l:.e effected by personal delivery in writing or by registered or certified mail, postage prepaid, return receipt requested, and shall be deemed communicated as of mailing or in the case of personal delivery, as of actual receipt. Mailed notices shall be addressed as set forth below, but each party may change its address by written notice in accordance with this section. If to the DISTRICT: East Valley Water District P.O. Box 3427 1155 Del Rosa Avenue San Bernardino, CA 92413 Attn: General Manager V If to the DF. VELOPER: Highland 87, LP 555 Cajon Street, Suite G Redlands, CA 92373 Mark Gardner Section 13. DISPUTES. Any dispute or controversy arising out of, under, or in connection with, or in relation to this AGREEMENT, and any amendments thereto, or the breach thereof, which is not resolved informally by prior mutual agreement of the parties hereto, shall be submitted to arbitration in accordance with the California Arbitration Act, Sections 1280 through 1294.2 of the Code of Civil Procedure. The cost of such arbitration shall be paid by the parties equally; however, the prevailing parry in the arbitration shall be entitled to reimbursement of its attorneys fees and other: costs incurred in connection therewith. Section 14. ATTORNEYS FEES. If a dispute arises which cannot be resolved by arbitration, regarding the breach or enforcement of the provisions of this AGREEMENT, the prevailing party therein shall be entitled to recover all attorneys fees and other costs actually incurred in connection with reaching a resolution of the dispute whether or not an action, claim, or lawsuit is filed. In any action brought, the entitlement to recover attorneys fees and costs will be considered an element of costs and not of damages. Section 15. INLrR.E~NT. This AGREEMENT and all provisions hereof shall be iointly and severally binding upon, and inure to the benefit of. the parties hereto, their respective heirs, successors, legal representatives, and assigns, and each of the shareholders and partners of the DEVELOPER in their individual, separate, and/or other capacities. Section 16. ASSIGNMENT. This AGREEMENT may not be assigned to any individual or entity without the written consent of the parties hereto. Section 17. INTEGRATION AND AMENDMENT. This AGREEMENT constitutes the entire understanding of the parties hereto wkh respect to the subject matter hereof and supersedes any and all prior agreements, whether oral or written, between the parties in connection therewith. This AGREEIV[ENT may not be amended unless in writing and signed by the parties hereto. Section 18. CAPTIONS. The captions of sections and subsections of this AGREEMENT are for reference only and are not to be construed in any way as a part of this AGREEMENT. Section 19. INTE[~RETATION AND ENFORCEMENT. This AGREEMENT shall not · be construed against the party preparing it, but shall be construed as if both parties jointly prepared this AGREEIv[ENT and any uncertainty or ambiguity contained herein shall not be interpreted against any one party. Failure by either party to enforce any provision of this AGREEMENT, or any waiver thereof by such party, shall not constitute a waiver of said party's right to enforce subsequent violations ofthe sameor any other terms or conditions herein. This AGREEMENT shall be enforced and govdrned by and under the laws of the State of California, and venue for any action brought to interpret and/or enforce any provision of this AGKEEM2ENT shall be in a state or federal court located in the State of California that would generally have in 'rem jurisdiction over the PROPERTY. 10 Section 20. SEVERABI:LITY. If any portion of this AGREEMENT is declared by a court of competent jurisdiction to be illegal, invalid, o~ unenforceable, the remaining provisions of this AGREEMENT shall continue in full force and effect. §action 21. T1MI~. 0F TIIE F.~q§RNCE. Time is of the essence in this AGREEMENT, and the parties hereto agree to pm/e&d in good faith, with due diligence, to complete all covenants and conditions set forth ~erein and to perform such further acts as is reasonably necessary to effectuate the purpose of this AGREEMENT.' Section 22. AUTHC~KITY. Each individual executing this AGREEMENT on behalf of a party hereto represents and warrants that he or she is fully and duly authorized and empowered to so execute on behalf of such party, and that this AGREEMENT is binding in the manner set forth in Section 15 hereo£ 11 IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed by their resPective officers as of the date first above written. DISTRICT By: East Valley Water District President, Board of Directors ATTEST: Secretary ~ DEVELOPER By: ,(Developer) Mark Gardner, Genial Partner ATTEST: Notary Public V 12 EXIllBIT "A" [Tentative Tract Map for the PROPERTY] ~3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ~~ ss. ~' proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their i --.~L-~ -- '-" ~' ~E~.NS-- -- ~' i signature(s) on the instrument the person(s), or ~"'i'~"~, C(~_m~,m~lon # t397747 ! the entity upon behalf of which the person(s) ~ ~ No',a~y Pubflc- Californl~l ~ acted, executed the instrument. ! ~, ~,k~7~' S(in Bernardlno Counly OPTIONAL Though the In~ormation'beklw Is not required by law, it may prove valuable to persons relying on the document and could fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Docurr,ent; Document Date: Signer(s) Other Than ~lamed Above: Capacity(les) Claimed by S.~ne..~ Signer's Name: D Individual ~ Top al thumb here [] Corporate Officer/'--/Title(s): [] Partner -- E]~L~-'nited [] General [] Attomey~l,'Fact [] T m st,,e,e' [3 G~. rdian or Conservator .// Signer ts Representing: TO SA~' [3ERNARDINO I BASELINE I STRE. E'~ ), ~ 9TH ~ . _ STREET ~ m ~ ~ 5TH o~ STREET ' THOMAS BROS. REF. ~ NTS RESOLUTION 2003.19 A Resolution Of The Board Of Directors Of The East Valley Water District Accepting Conveyance Of Non-exclusive Easement from Trimark-Pacific East Highlands, LLC, a California limited liability company, As Grantor in Exhibit "A" and listed in Easement For The Right To Construct, Use, Maintain, Alter, Add To, Repair, Replace and/or Remove Pipeline Appurtenances, Under, Through And Across The Real Property Located In The City Of Highland, County Of San Bernardino, State Of California. BE IT HEREBY RESOLVED AND ORDERED that the Conveyance of Non-Exclusive Easement dated April 10, 2003, and s gned by Stephen E. Hester, Vice President for Trimark Pacific East Highlands, a California limited liability company as grantor (s) grants to the East Valley Water District, its successors and assi.~ns a Conveyance of Non-exclusive Easement over, under, through and across the real property described therein, be and the same is hereby accepted for and on behalf of said Water Company. BE IT FURTHER RESOLVED, that a copy of this resolution be attached to said Conveyance of Non-exclusive Easement, and that the same be recorded in the Office of the County Recorder, County of San Bemardino, State of California, and filed in the records of said Board. The foregoing resolution was duly adopted at a meeting of the Board of Directors of the East Valley Water District by motion duly made, seconded and carried on April 22, 2003. Ayes: Directors: Noes: Absent: EAST VALLEY WATER DISTRICT Donald D. Goodin, Board President ATTEST: Robert E. Martin, Board Secretary Tract 15985 Job No. W2214 jw 4/15/03 Record Request of and Mail to: East Valley Water District P. O. Box 3427 San Bernardino, CA 92413 CONVEYANCE OF NON-EXCLUSIVE EASEMENT S-P East Highlands, LLC, as Grantor(s), for valuable consideration, receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey to the EAST VALLEY WATER DISTRICT, a County Water District, its successors and assigns, as Grantee, a non-exclusive easement for the right tc. construct, use, maintain, alter, add to, repair, replace and/or remove pipelines together with all necessary appurtenances over, under, through and across the real property located in the County of San Bemardino, State of California, described as follows: 20' Wide Easement to East Valley Water District Tract 15985-4 See Exhibit "A" attached hereto and made a part hereof Grantor(s) further agrees to notify EAST VALLEY WATER DISTRICT of any future use across said easement and to coordinate with EAST VALLEY WATER DISTRICT the installation of any future facilities within said easement. IN WITNESS WHEREOF, tile Gr*.ntor(s) has executed this instmment this 10th day of April ,20 0~3. Dated April 10 t 2003 Trimark Pacific-East Highlands, A California Limited Liability Company By: TPH, LLC, A Limited Liability Company, Its Member-Manager: By: Trimark Ventures, Inc., A California Corporation, STATE OF CALIFORNiA ) co rYoF O ) Stephen~E. Hester, Vine President O. ~' - , before me, pemonall~ kno~ to me (~r_~ __ ~n thl~ e~aencel to ~ me person~wbo name~¢~'subscribed to th* wi~in instrument and acknowledged to me ~at h~s~ executed the same in hi~hedth~authori~d capacity~, aha that by signature~on the instrument the pe~on~ or ~:be enti~ upon behalf of U~ I ~' (~i~ area for official notarial seMI 2\C:\MyFiles\Specs\Spring PacifickSP-0815 Non-Exclusive Esmt-EVWD 20-159854 .gd.wpd C1/ 50.00" 16 '50' 53"~ 14.70' 7.~0' c~ ~o.oo' ~o'c~'~"~ ~.o~'~.~: c~/ ~.oo' ~',,7'o~"l ~o.~'~o.~'. C4J 50.00' 37 "33'54"J 32.78' ~7.00' / .~/ LOT "H" 195 NO, I. 96 97 TRACT 15985-2 M.B. 289/53-58 98 ~z~~,a,~,,~, ATTACHMENT "A" ~"' - - I 20' WIDE ¥-~. ~t~"~ co.~o,,~.o~ E.V.W.D. ~,~,, ~,~,.: ~,.~:,~,.,: ~,,,.,.~ MAINTENANCE ATTACHMENT 20 FOOT WIDE EASEMENT TO EAST VALLEY WATER DISTRICT TRACT 15985-4 Ail that portion of Lot ~'K" of Tract 15985-4 in the City of Highland, County of San Bernardino, State of California, as per plat recorded in Book , Pages __ through _ , inclusive, records of said County, being a strip of land 20 feet wide and being more particularly described as follows: Beginning at the most Northerly corner of Lot 196 of said Tract 15985-4, Thence North 56:54'29' East along the most Westerly lot line of said Lot "K" of said Tract 15985-4, a distance of 23.14 feet to the beginning of a non- tangent curve concave Northeasterly from which a radial line of said curve bears North 56° 54' 29" East; Thence Southeasterly a distance of 14.70 feet along the curve concave Northeasterly, havinc_i a radius of 50.00 feet and a central angle of 16°50 ' 53"; Thence South 49056'24'' East a distance of 98.56 feet to the beginning of a tangent curve concave Southwesterly, having a radius of 70.00 feet; Thence Southeasterly and Southerly along said curve through a central angle of 40°06'56", an arc distance of 49.01 feet; Thence from the beginning of a left curve, from which the radius point bears South 08:54'01" West, Westerly a distance of 20.33 feet along the curve concave to the Southerly, having a radius of 47.00 feet and a central angle of 24047'04", to the beginning of a non-tangent curve concave Southwesterly, having a radius of 50.00 feet, from which a radial line of said curve bears South 77037'29'' West; Thence Northerly and Northwesterly along said curve through a central angle of 37:33'54", an arc distance of 32.78 feet; Thence North 49:56'~14" West a distance of 119.76 feet to the POINT OF BEGINNING. BA~'~ ~ ~TRE~T VICINITY MAP RESOLUTION 2003.20 A Resolution Of The Board Of Directors Of The East Valley Water District Accepting Conveyance Of Pipeline Easement from Marwan Alabbasi, as Grantor of an easement as described in Exhibit "A" and listed in Easement For The Right COnstruct. Use, Maintain, Alter, Add To, Repair, Replace and/or Remove Tp~)neline AoDL~rtenances Under, Through And A.c. ross..Th, e R~e.~ P,.r.o?__e~y Located ir~he Cit~, 'Of Highland, County Of San Bernard no, ~zate ut ua~l~orn~. BE IT HEREBY RESOLVED AND ORDERED that the Conveyance of Pipeline Easement dated September 6, 2002, and signed by David L. Hahn, Div. President for Centex Homes as grantor (s) grants to the East Valley Water D strict, its success(;rs and assigns a Pipeline Easement over, under, through and across the real property described therein, be and the same is hereby accepted for and on 'behalf of said Water Company. BE IT FURTF-JER RESOLVED, that a copy of this resolution be attached to said Conveyance of Pipeline Easement, and that the same be recorded in the Office of the County Recorder, County of San Bernardino, State of California, and filed in the records of said Board. The forego ng resolution was duly adopted at a meeting of the Board of Directors of the Ea.~;t Valley Water District by motion duly made, seconded and carried on April 22, :2003. Ayes: Directors: Noes: Absent: EAST VALLEY WATER DISTRICT Donald D. Goodin, Board President ATTEST: Robert E. Martin, Board Secretary Job No. W2276 262.124 - 04/15/03 jw RECORD REQUEST OF AND MAIL TO: East Valley Water District P. O. Box 3427 San Bernardino, CA 92413 CONVEYANCE OF PIPELINE EASEMENT. receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey to the East Valley Water District, a County Water District, ~ts successors and assigns, as Grantee, an easement for the right to construct, use, maintain, alter, add to, repair, replace and/or remove pipeline or pipetines together with all necessary appurtenances over, under, through and across the real property located in the County of San Bemardino, State of California, described as follow-up: See Exhibit "A" and "B" attached hereto and made a part hereof Grantor(s) further agree to notify EAST VALLEY WATER DISTRICT of any future use across said easement and to coordinate with EAST VALLEY WATER DISTRICT the installation of any future facilities within said easement. IN WITNESS WHEREOF, the Grantor(s) has executed this instrument this /V ~. day of A~-~ ~-- ., (Attach Notary Cert.) ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of ~/I ro On A~ {~, a~o~ beforeme, ~e~o~ ~ ~eY, ~o~ , personally appeared r4 g~ao h ~ ~ '~'~ ~ 't ~personally known to me - OR - ~ proved to me on the basis of satisfactory evidence to be the person(s) whose name~ ~/~ subscribed to the within instrument and acknowledged to me that ~/~c/th~y executed h~s/h~,, ...... authorized the same iu ' capacity(~), and that by h~/~ m signatures(~ on the instrument the person~, ~ or the entity upon behalf of which the ~ ~o~m~m~ ~ person~ acted, executed the instrument. ~IT~SS my hand and official seal. OPTIOH~ I~OR~TIOH The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. C~lCI~ CL~E~ BY SIeglER (PRIHClP~) ~ESCRIPIION OF tlItC~ INDIVIDUAL CORPORATE OFFICER ~0~ ~ ~ TITLE OR TYPE OF DOCUMENT ~ PARTNER(S) NUMBER OF PAGES ~ A~ORNEY-IN-FACT ~ TRUSTEE(S} ~ GUARDIAN/CONSERVATOR DATE OF DOCUMENT ~ OTHER: ~HER SIGNER IS REPRESENTING: RIGHT THUMBPRINT SIGNER APA 5/99 VALLEY-SIERRA. 800-362-3369 OMMENCEMENT N 8g'58'03" W g~-7.28' 106.35' ~ 46.80' LINE BEARING DISTANCE N90'OO'OO"E L~ S44'57'40'E 9,61 46.78' L3 S45'8~'~0'W ~0,00 L6 NOO'O~'~O'E ~3,00 'o L7 14~'57'40'W 4,~4 ~ L8 NOO'O~'~O'E CURVE TABLE I CURVE ~ DELTA I RABIUS EXHIBIT ~A" THAT PORTION OF THAT CERTAIN PARCEL OF LAND CONVEYED TO THE STATE OF CALIFOI~NIA, IN THE CITY OF HIGHLAND, COUNTY OF S/LN BERNARDINO, STA~E OF CALIFORNIA, BY DEED RECORDED M3%RCH 18, 1971 IN BOOK 7628, PAGE 758, OFFICIAL RECORDS OF SAID cOUNTY, DESCRIB}:D AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF BUCKEYE STREET AND BASELINE, THENCE ALONG THE CENTERLINE OF SAID BASELINE NORTH 89°58'03'' WEST, A DISTi~NCE OF 106.35 FEET; THENCE LEAVING SAID CENTERLINE SOUTH 00001' 57" WEST, A DISTANCE OF 52.00 FEET TO A LINE PARALLEL WITH AND 52 FEET SOUTHERLY MEASDiRED AT RIGHT ANGLES TO SAID CENTERLINE; THENCE ALONG SAID P~2~LLLEL LINE SOUTH 89058' 03" EAST, A DISTANCE OF 98.37 FEET, TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 52.00 FEET; THENCE EASTERLY A DISTANCE OF 6.93 ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7038' 28"; THENCE SOUTH 82019'35" WEST A DISTANCE OF 20.77 FEET, TO THE POINT OF BEGINK'ING; THENCE SOUTH 82°19'35" EAST A DISTANCE OF 53.94 FEET, TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 68.0(I FEET; THENCE EASTERLY A DISTANCE OF 6.19 FEET ALONG SAID CURVE THROUGH A CENT}U%L ANGLE OF 5°12'49"; THENCE SOUTH 44057'40" EAST A DISTANCE OF 9.61 FEET; THENCE SOUTH 4!5002'20" WEST A DISTANCE OF 20.00 FEET; THENCE NORTH 4~°57'40" WEST A DISTANCE OF 9.99 FEET; THENCE SOUTH 45003'06'' WEST A DISTANCE OF 51.37 FEET; THENCE SOUTH 00002'20'' EAST A DISTANCE OF 158.18 FEET; THENCE SOUTH 44o57'40" EAST A DISTANCE OF 96.39 FEET; 4/01/03 DEE0101 ~rATER F~EMENT ELY 1 OF 3 EXHIBIT ~A" THENCE SOUTH 00o02'20" EAST A DISTANCE OF 31.28 FEET; THENCE NORTH 89°58'04" WEST A DISTANCE OF 20.00 FEET; THENCE NORTH 00'~02'20" EAST A DISTANCE OF 23.00 FEET; THENCE NORTH 44~57'40" WEST A DISTANCE OF 4.24 FEET; THENCE SOUTH 45002'20" WEST A DISTANCE OF 33.09 FEET; THENCE NORTH 45000'04" WEST A DISTANCE OF 25.16 FEET; THENCE NORTH 45°02'14" EAST A DISTANCE OF 33.11 FEET; THENCE NORTH 44057'40" WEST A DISTANCE OF 51.56 FEET; THENCE NORTH 00o02'20'' EAST A DISTANCE OF 235.27 FEET TO THE POINT OF BEGINNING. 4/01/03 DEE0101 WATER F~EMENT ELY 2 OF 3 MetroScaa I Saa Hernc; . no (C/t) Parcel : 1201 051 16 0000 Sequence: Land : $459,000 Owner : Alabbasi Marwan/Elizabe~n;+ Structure : CoOwner : Elias Dee;Holly Other : Site : Baseline Ave Highland 92346 Total : $459,000 Mail : 27627 Baseline St Highland Ca 92346 Exempt : Xfered : 02/21/2002 Doc # : 84159 Type : Price : $550,000 Full Deed : Grant Deecl % Improved : Loan Amt : $330,000 Loan : Conventional % Owned : 100 MapGrid : IntTy : Fixed Ta~.~rea : 018142 Vest Type : Married Persons 02-03 Tax : $5,385.54 Lender : Inland Empire National Bank Phone LandUse : 0000 Vat,Vacant Owner Ph : PropType : cOMMERCIAL Tenant Ph : Legal : MAP 15330 PARCEL 1 BOOK 188 PAGE 70 Cetrru~ : Tract: Block: Bedrooms : Fireplace Garage SqFt : Construction : Bathrooms : Pool Garage Space : Roof Type : Family : Pat/Porch BIdg SF : StreetAccess : Pub-Pvd Total Rms : BsmmSqFt Acres :.92 View Quality Heating : Yearl~'uilt LotSqFt ; 40,075 View Type Cooling : Bldg Type LotSize : Nuisance I 11 .~00-345-7334I ........ M ~ ............... ~ Pin. AIII,o~ Tot ~.1, ,, '" '% ' ~~ '"" , , , ., , '-" ~ ...... ,~ ""~ ...... Information compiled from various sources. Real Estate Solutions makes no representations RESOLUTION 2003.21 A Resolution Of Th,~ Board Of Directors Of The East Valley Water District Accepting Conveyance Of Pipeline Easement from Marwan Alabbasi, as Grantor of an easement as described in Exhibit "A" and listed in Easement For The Right To Construct, Use, .M. aintain, Alter, Add To, Repair, Replace and/or Remove Pipeline Appurtena,n~.es, Under, Through And Across The Rear Property Located In The City Of Highl.nd, County Of San Bemardino, State Of California. BE IT HEREI~,Y RESOLVED AND ORDERED that the Conveyance of Pipeline Easement dated September 6, 2002, and signed by David L. Hahn, Div. Pres dent for Centex Homes as grantor (s) grants to the East Valley Water District, its successors and assigns a Pipeline Easement over, under, through and across the real property described therein, be and the same is hereby accepted for and on behalf of said Water Company. BE IT FURTHER RESOLVED, that a copy of this resolution be attached to said Conveyance of Pipeline Easement, and that the same be recorded in the Office of the County Recorder, County of San Bernardino, State of California, and filed in the records of said Board. The forego ng resolution was duly adopted at a meeting of the Board of Directors of the East Valley Water District by motion duly made, seconded and carried on April 22, 2003. Ayes: Directors: Noes: Absent: EAST VALLEY WATER DISTRICT Donald D. Goodin, Board President ATTEST: Robert E. Martin, Board Secretary Job No. W2029 262.106 04/15~03 jw RECORD REQUEST OF AND MAIL TO: East Valley Water District P. O. Box 3427 San Bemardino, CA 92413 CONVEYANCE OF PIPELINE EASEMENT as Grantor(s), for valuable consideration, r'uo ,,,,-, t'" l,M.bb ...' r~ceipt of which is l~ereby acknowledged, does hereby grant, bargain, sell and convey to the East Valley Water District, a County Water District, its successorS and assigns, as Grantee, an easement for the right to construct, use, maintain, alter, add to, repair, replace and/or remove pipeline or pipelines together with all necessary appurtenances over, under, throu~gh and across the real property located in the County of San Bernardino, State of California, described as follows: See Exhibit "A" and "B" attached hereto and made a part hereof Grantor(s) further agree to notify EAST VALLEY WATER DISTRICT of any future use across said easement and to coordinate with EAST VALLEY WATER DISTRICT the installation of any future facilities within said easement. IN WITNESS WHEREOF, the Grantor(s) has executed this instrument this jff--~ day of ~l L_ , 200'3' .~, z,,,_ ~/ (Attach Notary Cert.) ALL-PURPOSE ACKNOWLEDGMENT State of California } ss. County of .5~ ~e-~ p,*,ra~t On ~ ~ tH, ~o_~ beforeme, ~uecl~ ~ ~V~ ~Y personally appeared ~0 h ~ ~' Ro h ~a~ ~x I ~ personally ~own to me - OR - ~ proved to me on the basis of satisfactory evidence to be the person~ whose name~ ~subscribed to the within instrument and acknowledged to me that ~/~ executed the same in ~/~r authorized h~/ capacity(les), and that by · U~a~ ~ signatures(~ on the instrument the person(~, ~_ ~~~L~3~oa~ ~ or the entity upon behalf of which the ~ ~ ~~% person~ acted, executed the instrument. ~ WlTNES, S my hand and official seal. The information below is not [equired by law. However. it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. CIPACI~ CL~EO BY SICNER (PRINCIPAL) ~ESCRIPIION O~ ATTACRED DOCUMENT ~D1VIDUAL CORPORATE OFFICER ~0 ~ ~m~ O~ '~ t ~6~ TITLE OR TYPE OF DOCUME~ ~ PARTNER(S) NUMBER OF PAGES ~ A~ORNEY-IN-FACT ~ TRUSTEE(S) ~ GUARDIAN/CONSERVATOR DATE OF DOCUMENT ~ OTHER: OTHER SIGNER IS REPRESENTING: RIGHT THUMBPRINT SIGNER APA 5~9 VALLEY-SiE~. 8~-362-3369 ~ CL BASELINE ;EMENT N 89'58'03" W 947.28' ~ SS9'57'~"~ LINE TABLE ~6,80' LINE BEARING DISTANCE o N90~O'OO"E L~ S44'57'~O'E L5 N89'58'04'~ ~0,00 CURVE TABLE ~ I CURVE I 9ELTA I RADIUS LENGTH S44-'57' 40'E 67.01' EXHIBIT ~A" THAT PORTION OF THAT CERTAIN PARCEL OF LAND CONVEYED TO THE STATE OF CALIFC,RNIA, IN THE CITY OF HIGHLAND, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, BY DEED RECORDED MA~CH 18, 1971 IN BOOK 7628, PAGE 758, OFFICIAL RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: COI*/MENCING AT ]?HE CENTERLINE INTERSECTION OF BUCKEYE STREET AND BASELINE, THENCE ALONG THE CENTERLINE OF SAID BASELINE NORTH 89058'03" WEST, A DISTANCE OF 106.35 FEET; THENCE LEAVIN6; SAID CENTERLINE SOUTH 00°01' 57" WEST, A DISTANCE OF 52.00 FEET TO A LINE PARALLEL WITH AND 52 FEET SOUTHERLY MEASURED AT RIGHT ANGLES TO SAID CENTERLINE; THENCE ALONG SAID PAP, ALLEL LINE SOUTH 89058' 03" EAST, A DISTANCE OF 98.37 FEET, TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHE}{LY HAVING A RADIUS OF 52.00 FEET; THENCE EASTERLY A DISTANCE OF 6.93 ALONG SAID CURVE THROUGH' A CENTRAL ANGLE OF 7038' 28"; THENCE SOUTH 82°19'35'' WEST A DISTANCE OF 20.77 FEET, TO THE POINT OF BEGInnING; THENCE SOUTH 12o30'35" WEST A DISTANCE OF 50.61 FEET; THENCE SOUTH 00002'20" EAST A DISTANCE OF 19.90 FEET; THENCE SOUTH 89057'40" WEST A DISTANCE OF 46.80 FEET; THENCE SOUTH 00000'00" EAST A DISTANCE OF 27.19 FEET; THENCE NORTH ~c~0°00' 00" EAST A DISTANCE OF 46.78 FEET; THENCE SOUTH 00°02'20'' EAST A DISTANCE OF 127.80 FEET; THENCE SOUTH 44°57'40'' EAST A DISTANCE OF 67.01 FEET; THENCE NORTH 00°02'20'' EAST, A DISTANCE OF 235.27 FEET, TO THE POINT OF BEGINNING. ~ DEE0101 4/01/03 EASEMENT W WL¥ 1 OF 2 East Valley Water District Balance Sheet - Unaudited March 31, 2003 ASSETS UTILITY PLANT - at cost: Utility plant in service - water department $70,236,365 Utility plant in service - s,gwer department 20,413,809 90,650,174 Less: Accumulated depreciation (29,313,767) 61,336,407 Construction in progress 11,866,597 73,203,004 RESTRICTED ASSETS: Water department - bond funds - cash in bank 6,475 Certificate of Participation reserved funds - cash in bank 1,459 567 Reserved funds - designations - cash in bank 2,186,450 3,652,492 CURRENT ASSETS: Cash and Investments 12,929,272 Less: Restricted Cash and Investments 3,652,492 9,276,780 Accounts receivable (n,~t of allowance) 728,764 52,349 Other receivables (net ,3f allowance) 764,388 Inventory 233,514 Prepaid expenses 11,055,795 OTHER ASSETS AND DEFERRED COSTS (Net of Amortization): Bond discount and incidental bond expenses 25,929 Deferred financing charges 413,840 439,769 TOTAL ASSETS $88,351,060 East Valley Water District Balance Sheet - Unaudited March 31, 2003 LIABILITIES AND EQUITY LONG-TERM DEBT: Certificates of participation due after one year $13,767,747 Less: Deferred amount ¢,n refunding of COPs (733 673) 13,034~074 CURRENT LIABILITIES: 1,685,342 Accounts Payable 401,168 Accrued payroll and benefits 1,121,014 Customer service depo~its 2,500 Deferred Rental Income 6,475 Accrued interest payable 283,660 Deposits - refundable Certificates of Participation due within one year 1,726,266 5,226,425 TOTAL LIABILITIES 18,260~499 EQUITY': Contributed capital: 24,588,200 Invested in utility plant Other contributed capital 3,695,064 Retained earnings: 6,475 Reserved for water band funds 2,170,000 Reserved for emergE~ncies Reserved for unemployment insurance 16,450 Unreserved 37,794,186 Net Income for current year 1,820,186 TOTAL EQUI'rY 70,090,561 TOTAL LIABILITIES AND EQUITY $88,35'1,060 z '~ cow =o~= ~=e:-~o~ ~.~ ~.-~ East Va"l' ey Water District Board Memorandum Date: APRIL 22, 2003 From: Brian W, Tompkins / Chief Fin~fficer Subject: Disbursements. Recommendation: Approve the attached list of accounts payable checks and payroll issued during the period April 8, 2003 through April 16, 2003. Background: Accounts payable checks are shown on the attached listing and include numbers 192799 to 192961 for A total of $494,045.20. The source of funds for this -'~mount is as follows: COP Construction Funds $(,t4,832.02 EPA Grant Funds Unrestricted Funds $~:;99,213.18 Payrolt disbursed was for the period ended April 11, 2003 and included checks and direct deposits, Totaling $80,754.06. Fiscal Impact: Total disbursements- $574,7'99.26. dddddddddo do do do ~o~ ~ 0 0 0 0 C~ 0 0 0 0 0 0 ° oo ~ ~ ~ ~ ~ <~ ~ m < ~ o ~ oo o oo o o o o o ~ m ~ ~ ~ · ~ ~ o~ ~ oo o o o o o6 6 o o6 6 ~ oo 6 ~ March 25, 2003 Don Goodin Chairman 27215 Base Line East Valley Water District Highland, CA 92346 PO BOX 3427 (909) 864-6861 FAX (909) 862-3180 San Bernardino CA 92413 www.ci.hig hland.¢a.ue City Council Dear Don: Mayor Ray Rucker, Jr. Mayor Pro-Tern The City of Highland received a letter from Robert Martin, General BradSundquist Manager, relative to the offer to sell surplus land pursuant to Government Code Section 54220, et. seq. Per the Government Code John ~mmer Larry McCallon Section, the offer restricted the use of the property to certain purposes, Steve Graves all for governmental or non-business types of land uses. Since the City ~ feels the highest and best use of the property is for business City Manager developmen~i, the City respec~lly declines the offer under Government Sam J. Racadio Code Section 54220, et. seq. However, once the 60-day offer period expires, the City and/or Redevelopment Agency would like to begin good faith negotia[ions to purchase the property. Thank you very much for your consideration of our concerns. Yours very truly, Ray Rucker Mayor of thE; City of Highland Chairman of the Highland Redevelopment Agency cc: City Council Sam J. Racadio, City Manager Bob Martin, General Manager EVWD VA'" yalle ' East Water District p,o,,d..t Geor[le" E. "Skip" Wllson wee President. 1155 Del Rosa Avenue., RO. Box 3427 Glenn R; LJghffoot Director San Bernardino, California 92413 Klp E. Sturgeon (909) 889-9501 Edward S. Negrete February 6, 2003 Robert E Martin Brian W. T/~mpklns San Bernardino Economic & Community Development Paul R. Oolter 290 North "D" Street, 6th Floor Ol=~lct.£~Ineer San B ernardino, CA 92415 Subject: Offer to Sell Surplus Land Assessor's ParcelNos. 1201-361-01, 1201-361-02, and 1201-361-03 Ladies and Gentlemen: Pursuant to Government Code Section 54220 et seq., tl~e purpose of this letter is to formally o~fer to sell the above-referenced real property ("the Property") for the .' purpose of developing low- and moderate - income housing, for park, recreational and/or ' open space purposes, fo~: school facilities construction or enterprise zone purposes. If your agency wishes to purchase the Property for said uses, please so notify me in writing at the address listed herein within sixty (60) days after your receipt of this letter. Thereafter, we will enter into good faith negotiations to determine a mutually. satisfactory sales price in accordance with the order of priorities set forth in Government Code Section 54227. If the price or terms catmot be agreed upon after a good faith negotiation period .of not less that sixty (60) days, or if you do not notify me in writing of your intent to: purchase the Property within sixty (60) days of your receipt of this letter, please be advised that the Property may :be disposed of without further regard to the statutory provisions referenced a'~ove. If you have any questions or cormnents,' please feel free to contact me at tl~¢ telephone number listed herein during regular business hours. Very truly yours, Robert ~ General Manager / Secretary REM: otb Administration (909) 885-4.c00, Fax (909) 889-5732, Engineering (909) 888-8986, Fax (909) 383-1481 Customer Service & Finsnce (909) 889-9501, Fax (909) 888-6741 ] lo - - l ( le ! ': ° I s ij :: : i .¼ ! I ! 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( r ff n T l l l f : SI T E PL A N AS - 1 0 1 i7 t I 2 I 3 j , j ~ \ ll & T t O O C H \ WATER SERVICES AGREEMENT THIS WATER SERVICES AGREEMENT ("Agreement"), entered into as of the latest of the dates shown opposite the si~,matures of the Parties to this Agreement, is made by and between BASIN WATER, INC., a Caiifomia corporation ("Basin Water"), and EAST VALLEY WATER DISTRICT, a public agency ("District") (Basin Water and District sometimes hereinafter are referred to collectively as the "Parties" and individually as a "Party"). RECITALS A. District owns certain wells, commonly identified as Cull Well 2 (the "Well"), that currently produce groundwater containing levels of nitrate (collectively '~the Contaminants") that are in excess of presently acceptable standards for drinking water. The Wells are more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. B. Basin Water possesses the requisite skill, expertise, technology, and solutions for the development of Facilities (as defined in Exhibit "B" which is attached hereto and incorporated herein by this reference) ~r the treatment of groundwater containing the Contaminants, so as to enable District to supply potable water from the Wells that meets the desired drinking water standards for said pollutants. C. District possesses the requisite skill, expertise, and qualifications to operate the Facilities consistent with prudent water utility standards, practices and procedures, and ail applicable regulatory requirements. D. The purpose of this Agreement is to set forth the terms and conditions under which Basin Water agrees to assist District in the treatment of water produced from the Wells and disposal of waste derived therefrom and the payment of services therefor by District. NOW, THEREFORE, in consideration of the mutual covenants contained in tlfis Agreement, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties hereto agree as follows: OPERATIVE PROVISIONS 1. Treatment. 1.1 Facilities. Subject to the terms and conditions contained herein, the Parties agree that Basin Water-shall design, install, and own the Facilities to treat the water produced by the Wells, and once such water meets the Quality Standard (as defined in Section 5 below), to charge District a treatment fee fi)r such water as set forth in Section 8 below. District shail assume sole responsibility for operating the Facilities and shall supply appropriately qualified and certified personnel to perform said activities in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. 1.2 Other Wells. If District owns other wells that produce water containing levels of the Contaminants, or o~er pollutants, in excess of the maximum contaminant level(s) mandated by the State of California Department of Health Services ("DHS"), or at levels that District intends to reduce to more desirable levels, and District wishes to connect to other Basin Water facilities for treatment, then D~stnct shall send written notme (the Supplemental Treatment Request ) to Basra Water requesting Basin Water to treat the water produced by such other wells. The Supplemental Treatment Request shall include all engineering and water quality information that District has in its custody, control, or possession to permit Basin Water to evaluate District's request. Within thirty (30) days of Basin Water's receipt of the Supplemental Treatment Request, Basin Water shall notify District whether it agrees 'Io treat the water produced by the other wells, and if so, the terms and conditions on which Basin Water is willing to do so. If Basin Water falls to respond to District within such thirty (30) day period, then Basin Water shall be deemed to have denied District's request. If Basin Water notifies District that it agrees to treat the water produced by the other wells, and the terms and conditions proposed by Basin Water are acceptable to District, then the Parties shall execute a supplement to this Agreement or a new agreement, so stating and specifying the additional wells to be treated and any other modifications to this Agreement required as a result thereof. 1.3 Relocation of Facilities. With Basin Water's prior written consent, which shall not be unreasonably withheld, the District may relocate the Facilities to other wells the District owns that produce water containing leve~s of the Cont .aminants~ or other pollutants, in excess of the n'~aximum contaminant level(s) mandated by DHS, or at levels that District intends to reduce to mom desirable levels. If the District desires to relocate the Facilities, then District shall send written notice (the "Relocation Request") to Basin Water requesting Basin Water to relocate the Facilities to such other wells. The Relocation Request shall include all engineering and water quality information that District has in its cus'Iody, control, or possession to permit Basin Water to evaluate District's request. Within thirty (30) days of Basin Water's receipt of the Relocation Request, Basin Water shall notify District whether it agrees to relocate the Facilities to such other wells, and if so, the terms and conditions on which Basin Water is willing to do so. If Basin Water fails to respond to District within such thirty (30) day period, then Basin Water shall be deemed to have denied District's request. If Basin Water notifies District that it agrees to relocate the Facilities, and the terms and conditions proposed by Basin Water are acceptable to District, then the Parties shall execute a supplement to this Agreement or a new agreement, so stating and specifying the other wells to be treated and any other modifications to this Agreement required as a result thereof, and the District shall pay Basin Water on a time and materials basis for relocating the Facilities. 2. Term. 2.1 Dnration of Agreement. Unless this Agreement is earlier terminated pursuant to Section 17 below, the term for treatment of water pursuant to this Agreement shall commence on the date thai all required Permits (as defined in Section 14 below) have been obtained and shall continue for a period of ten (10) years thereafter (the "Term") except as noted in Exhibit 2 "E". Notwithstanding the above, District shall have the fight to terminate this Agreement on the fifth anniversary of the Effi~'ctive Date by giving written notice thereof to Basin Water pursuant to Section 22.5 of this Agreement at least 180 days prior to said termination date. If said notice is not timely given by District, Di:~tfict shall not be entitled to terminate this Agreement prior to the end of the Term except as set forth in Section 17.1 below. At the end of the Term, District shall have the option to lease and/or purcl~ ase certain of the Facilities in accordance with the terms attached hereto as Exhibit "C" and incorpc,rated herein by this reference. Such option shall be exercised by notice given by District to Basin Water no later than sixty (60) days prior to expiration of the Term. If no such notice is given by Dis~:rict prior to the expiration of the Term, Basin Water shall be entitled to extend the end date of the ~ferm for another twelve (12) months at the same terms and conditions set forth in this Agreement. 2.2 Terra Year. As used herein, a "Term Year" is a period of twelve (12) full calendar months commencing on the first day of January and ending of the last day of December, except that if the Term commences on a date other than January 1 or ends on a date other than December 31, the period from the first day of the Term to the following December 31, and the period beginning on January 1 following a preceding Term Year and ending on the termination or expiration date, shall also be Term 'Years. If any Term Year shall be less than twelve (12) months, the Minimum Treatment Fee (as defined in Section 8.3 below) shall be proportionately adjusted. 3. Effective Date,, As used in this Agreement, the term "Effective Date" shall mean the last date upon which a Party hereto has executed this Agreement. 4. Design and Installation of Water Facilities. 4.1 Basin Water Obligations. In accordance with generally accepted engineering standards, Basin Water shall design, construct, and install the Facilities so as to remove the Contaminants from the Wells pursuant to this Agreement, and shall perform all services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Unless otherwise agreed, Basin Water shall 'be responsible for all costs and expenses necessary to install the Facilities to treat the water produced by the Wells so that it meets the Quality Standard. Basin Water may store equipment or materials on District's property during installation of Facilities, provided that such storage does not otherwise interfere with District's operations on such property. 4.2 District's Obligations. District shall provide Basin Water with: (a) all design and construction information concerning the Wells or otherwise in District's possession, custody, or control necessary for Basia Water to design the connection of the Facilities to the Wells and from the Facilities to District's water distribution system; (b) District shall bear the capital costs to install all electrical equipment reqU:[red to operate the Facilities; (c) the license more particularly described in Section 19 hereof; (d) all electrical power required by Basin Water to install the Facilities; (e) the physical property on which Basin Water will install the Facilities; (f) appropriately qualified and certified personnel to become trained in the operations of the Facilities, to become familiar with operating policies and prc,cedures of the Facilities as prescribed by the Permits (as defined in Section 3 14.2 below) and the Operations and Maintenance ("O&M") Manual developed by Basin Water and approved by DHS, and to participate in all training prior to operations; and (g) a written Notice of Acceptance of the Facilities prior to operations. Basin Water shall be entitled to rely on all information and data provided by District in clause (a) of this Section 4.2 without independent verification and/or exposure to liability therefor, and such information and data so provided by District shall be deemed to be complete and accurate in all material respects for Basin Water's purposes. District shall particularly advise Basin Water of all elements ofinfluent water necessary for the design, construction, and installation of the Facilities. 4.3 Verification Rights. Each Party shall have the right to verify, at its own expense, the amount and quality of the water entering and exiting the Facilities and to conduct independent testing thereoi~ Basin Water shall monitor operating performance of the Facilities and provide comments to District and others as appropriate. 5. Water Qnali~,, After Basin Water's design and installation of the Facilities, and subject to all of the terms and conditions of this Agreement, the Facilities shall reduce the level of the Contaminants in the water produced by the Wells that are connected to the Facilities to the levels listed in Exhibit "D" attached hereto and incorporated herein by this reference (''Quality Standard"). District shall provide Basin Water with annual reports describing influent water quality. District shall bear the cost of complying with changes in water quality standards that require reduction of the Contaminants to levels less than the Quality Standard and for pollutant levels ofinfluent water upon which the design and construction on which the Facilities were based. 6. Payments. District acknowledges and agrees that: (a) District shall be liable for payments to Basin Water of the fees and charges set forth in this Agreement (including but not limited to those Treatment Fees set forth in Section 8 below) for water processed through the Facilities that meets the Quality Standard for the Contaminants even if such water does not meet water quality standards for other pollutants, regardless of whether the water is actually taken or put to beneficial use; and (b) clause (a) of this Section 6 notwithstanding, District shall pay the Minimum Treatment Fee (as defined in Section 8.2 below) so long as the Facilities are capable of treating the Base Quantity (as defined in Section 8.2 below) of water. 7. Measurement. Once water treated pursuant to this Agreement meets the Quality Standard, the amount thereof shall be properly measured each month by Basin Water and District at the point where such water reenters the District's water distribution system from the Facilities. The Parties shall be bound by the measurements at such point. At least annually, District, at its expense, shall test the meter to verify that such equipment is properly measuring water pumped back into District's water distribution system. These test results shall be made promptly available to Basin Water. District, at its expense, shall make or cause to be made any repairs to ensure such equipment is measuring properly and shall supply such information to Basin Water, including appropriate certification by equipment testing professionals. 8. Treatment Fee. Beginning on the earlier of (a) the date that DHS approves use by District of the water treated by the Facilities, or (b) the date that the Facilities continuously and 4 consistently process the Base Quantity (as defined in Section 8.3 below) of water at the Quality Standard for seven (7) consecutive days, or (c) sixty (60) days after the Effective Date, District shall be obligated to make the fc,llowing payments to Basin Water: 8.1 Per Acre Foot Treatment Fee. District shall be obligated to make payments to Basin Water for water that meets the Quality Standard. For each acre-foot of water treated by the Facilities that meets the Quality Standard, as reflected by the records of the measurements made as provided in Section 7 abo~e, District shall pay to Basin Water a treatment fee (the "Per Acre Foot Treatment Fee") equal to ()ne Hundred Sixty Eight Dollars ($168) per acre foot. 8.2 Minimum Treatment Fee. The Per Acre Foot Treatment Fee is based upon District's representation that it will deliver for processing and treatment at each of the Facilities Eight Hundred (800) acre-feet per year of water at each of the Wells (the "Base Quantity"), and upon Basin Water's representation that its Facilities are capable of processing the Base Quantity of treated water. Therefore, even if District delivers for processing and treatment less than the Base Quantity, the District shall pay Basin Water a fee of Eighty-Eight Dollars ($88) (the "Minimum Treatment Fee") for the difference between the Base Quantity and the volume of water actually delivered for treatment. Basin Water shall bill District for any payment adjustment within thirty (30) days following the expiration of the Term Year in which District delivem for processing and treatment less than the Base Quantity of water so long as Basin Water's Facilities are capable of processing the Base Quantity. 8.3 Adiustment for Basin Water's Production of More Than Base Quantity. If District delivers for processing and treatment more than the Base Quantity in any Term Year, and Basin Water's Facilities actually treat more than the Base Quantity in any Term Year, then the price per acre-foot for each acre-foot in excess of the Base Quantity shall be One Hundred Twenty Five Dollars ($125) (the "Additional Treatment Fee"). 8.4 Adiustment for Non-Specification Influent Water. The Minimum Treatment Fee and the Additional Treatment Fee are based upon District's representations to Basin Water that the level of the Contaminants in the water produced by the Wells as of the Effective Date is as set forth in the document attached hereto as Exhibit "D" and incorporated herein by this reference. If after the Effective Date, it is determined that the level of the Contaminants in the water produced by the Wells is greater than the levels represented by District, the Minimum Treatment Fee and the Additional Treatment Fee: may be adjusted by Basin Water. 8.5 Adjustment for Changes in Quality Standard. The Minimum Treatment Fee and the Additional Treatraent Fee are based upon the Quality Standard existing as of the Effective Date. If the Quality Standard is changed during the Term, the Minimum Treatment Fee and the Additional Treatment Fee may be adjusted by Basin Water. 8.6 Adjustment for Unqualified Personnel. The Minimum Treatment Fee and the Additional Treatment Fee are based upon District supplying appropriately certified and qualified operators during the Term. If District is unable, or otherwise requests Basin Water, to supply appropriately certified and qualified operators, the Minimum Treatment Fee and the Additional Treatment Fee may be adjusted by Basin Water. 8.7 Adinstment for CPI. The Minimum Treatment Fee and the Additional Treatment Fee shall be adjusted by Basin Water in its invoices to District commencing on January 1, 2004, and on each January 1 thereafter, by the percentage increase, if any, reflected in the January Cost of Living Index measured by the United States Department of Labor revised Consumer Price Index for All Urban Consumers for the Los Angeles- Long Beach- Riverside area ("CPI") for the preceding twelve (12) months as published by the Bureau of Labor Statistics. 9. Unconditional Obligation. After installation of the Facilities by Basin Water so that the water produced from the Wells meets the Quality Standard, District's obligation to pay all mounts due under this Agreement shall be an absolute and unconditional obligation of District, payable as an operating expense of District, not subject to deduction, set off, prior notice, demand, changes or fluctuations in demand or price of other sources of water, or inability of District to accept delivery of water, or to use, store, or resell water after delivery from the Facilities. 10. Invoices. After the Facilities are operational and have received all Permits (as defined in Section 14 below), Basin Water shall invoice District within ten (10) days of the last day of the month, beginning with the month in which all applicable Permits have been issued. Such invoice shall recite the amount of water treated during that month, measured in accordance with Section 7 above, multiplied by the Per Acre Foot Treatment Fee and the Additional Treatment Fee, as applicable. Provided that District receives such invoice from Basin Water no later than the fifth day of each month, then witlfin thirty (30) days following District's receipt of such invoice from Basin Water, District shall, without deduction or offset, make payment to Basin Water for all amounts then due by directing such payment to the address at which notices are to be delivered pursuant to Section 22.5 of this Agreement. The invoice shall be substantially in the form of Exhibit "F" attached hereto and incorporated herein by this reference. District and Basin Water shall work cooperatively to effect electronic meter reading, billing, and payments to maximize efficiency. 11. Delinquent Payments. 11.1 From the District. Any payment due from District to Basin Water under this Agreement that is not received within thirty (30) days after the date of the invoice therefor shall bear interest at the lesser of twelve percent (12%) per annum or at the maximum rate permitted by law, from the date due until payment is received by Basin Water. If District fails to pay Basin Water for water treated in accordance with this Agreement within one hundred twenty (120) days after receipt of any invoice therefor, then, in addition to any other rights that Basin Water may have at law or in equity, Basin Water shall 'be entitled to terminate this Agreement, shut down or.remove all Facilities, and receive a lump sum payment from District of the entire amount of money that would otherwise be owed to Basin Water had the Agreement been completed through the Term; provided, however, that ifa bona fide dispute exists between District and Basin Water, then Basin Water may not be entitled to terminate this Agreement so long as: (a) District has paid the undisputed portion of any amount due, together with any interest thereon in accordance with this Section; and (b) the Parties 6 are negotiating in good faith toward the resolution of the dispute; provided further, however, that if such resolution does not occur within ninety (90) days of the occurrence of the dispute, Basin Water shall have all rights and remedies available to it under this Agreement, by law or equity. 11.2 From Basin Water. Any payment due from Basin Water to the District under this Agreement that is not received within thirty (30) days after the date of the invoice therefor shall bear interest at the lesser of twelve percent (12%) per annum or at the maximum rate permitted by law, from the date due until payment is received by the District. If Basin Water fails to pay the District any amount due under this Agreement within one hundred twenty (120) days after receipt of any invoice therefor, then, in addition to any other rights that the District may have at law or in equity, the District shall be entitled to terminate this Agreement; provided, however, that if a bona fide dispute exists between the District and Basin Water, then the District may not be entitled to terminate this Agreement so long as: (a) Basin Water has paid the undisputed portion of any amount due, together with any intgrest thereon in accordance with this Section; and Co) the Parties are negotiating in good faith toward the resolution of the dispute; provided further, however, that if such resolution does not occur within ninety (90) days of the occurrence of the dispute, the District shall have all rights and remedies available to it under this Agreement, by law or equity. 12. Operation~ M~dntenanee~ and Repairs. 12.1 Operation. District shall be solely responsible for operating the Facilities as required by law and in accordance with the Permits (as defined in Section 14 below). The ongoing electrical usage costs, inch,ding any electrical costs related to the pumps or booster stations, shall be borne by the District. Basin Water, as part of the Per Acre Foot Treatment Fee, shall be responsible for all other operating costs of the Facilities, including, without limitation, salt to produce water from the Wells and disposal of District's waste as set forth in Section 12.4 below, but excluding any costs or expenses relating to District's operating or managerial personnel or related overhead. 12.2 Ma:[ntenance and Repairs. Subject to the terms and conditions of this Agreement, Basin Water shall be responsible for all routine maintenance and all ordinary repairs necessary to maintain the Facilities in good condition in accordance with the O&M Manual. 1. 12.3 Third-Party Comacts. Basin Water, at its option, may contract with third parties ("Third-Party Service Providers"), including without limitation District, to perform routine operational activities and routine maintenance of the Facilities under Basin Water's direct supervision. In connection with performing such routine operational activities and routine maintenance of the Facilities, the District acknowledges that the Facilities and their use to remove a variety of pollatants from water supplies are covered by Basin Water's pending United States and international p:atent applications. Accordingly, the District is hereby granted a license under these patent applications and patents which may issue thereon to use the Facilities to remove the Contaminants. No license to make or sell or lease Facilities is granted, neither is a license granted to use the Facilities to remove pollutants other than the Contaminants, except as otherwise set forth in this Agreement. 7 Also in cormection with performing such routine operational activities and routine maintenance of the Facilities, the District acknowledges that the Facilities contain copyrighted proprietary operating software of Basin Water. A license is granted to use this software in connection with the operation of the Facilities to remove the Contaminants. No license is granted to adopt, modify or reproduce this proprietary software. The District further acknowledges that the Facilities contain trade secret and other materials that are proprietmy to Basin Water. District agrees that it shall not, nor shall it permit any Third-Party Service Provi&;rs to, modify, translate, reverse engineer, decompile, disassemble, create derivative works upon, or copy the Facilities without Basin Water's prior, written consent, which Basin Water may withhold :in its sole and absolute discretion. The District further agrees that neither it nor any Third-Party Service Providers shall open, examine or otherwise investigate or manipulate any portion of the Facilities that bear the legend "Do Not Open" or any similar legend, without Basin Water's prior written consent, which Basin Water may withhold in its sole and absolute discretion, and that neither the District nor any Third-Party Service Providers shall remove any proprietary notices, labels or marks on any portion of the Facilities. 12.4 Waste. As part of the Per Acre Foot Treatment Fee, Basin Water shall assist District in disposing all of District' s brine and other waste resulting from Basin Water's treatment of District's water through the Facilities. Basin Water's participation in this process shall not relieve District of its ultimate obligation to dispose of all brine and other waste in accordance with all federal, state, or local statutes, ordinances, laws, roles, or regulations. Basin Water may request others to assist in these matters, the cost of which shall be borne by District. The Monthly Treatment Fee is based upon the Waste Disposal Standards existing as of the Effective Date. If the Waste Disposal Standards or disposal costs are changed during the Term, Basin Water may adjust the Monthly Treatment Fee to reflect the direct costs associated with these changes. The District shall approve Basin Water's disposal site. Such approval shall not be unreasonable withheld. 13. Securi~.. 13.1 Facilities. District, at its expense, shall have the sole responsibility for providing security for the Facilities. The level of security shall be determined at the reasonable discretion of the District in accordance with District practices and procedures. 13.2 Insurance. 13.2.1 Coverage by District. District shall procure and maintain from and after the Effective Date, at its sole expense, such policies of insurance, bonds from an acceptable surety, cash deposits, escrow accounts, letters of credit, and other forms of security, in amounts and upon terms set forth in Exhibit "G" attached hereto and incorporated herein by this reference. 13.2.2 Coverage by Basin Water. With respect to its activities under this Agreement, Basin Water shall maintain or cause to be maintained, and shall provide or cause to be provided, evidence of general liability, workers' compensation, and automobile insurance coverage 8 in such amounts and on such terms and conditions as are more particularly set forth in Exhibit "G" attached hereto and incorporated herein by this reference. 13.3 Indemnities. 13.3.1 By Basin Water. Basin Water agrees to save, indemnify, hold harmless and defend the District and its successors, assigns, and affiliates, and their respective officers, directors, controlling persons (if any), employees, staff members, attorneys, agents, consultants, and shareholders (collectively the "District Indemnitees") from, against, and in respect of any and all claims, costs,, losses, fees, penalties, interest, suits, actions, proceedings (formal and informal), investigations, judgments, deficiencies, damages, settlements, liabilities, and legal and other expenses (including reasonable legal fees and expenses of attorneys chosen by the District Indemnitees) as and when incurred by any of the District Indenmitees arising out of or based upon Basin Water's gross negligence or willful misconduct in the performance of its obligations under this Agreement. 13.3.2 By District. The District agrees to save, indemnify, hold harmless and defend Basin Water and its successors, assigns, and affiliates, and their respective officers, directors, controlling persons (if any), employees, staff members, attorneys, agents, consultants, and shareholders (collectively the "Basin Water Indemnitees") from, against, and in respect of any and all claims, costs, losses, fees, penalties, interest, suits, actions, proceedings (formal and informal), investigations, judgments, deficiencies, damages, settlements, liabilities, and legal and other expenses (including reasonable legal fees and expenses of attorneys chosen by the Basin Water Indenmitees) as and when incurred by any of the Basin Water Indemnitees arising out of or based upon the District's gross negligence or willful misconduct in the performance of its obligations under this Agreement. 14. Permits and Authorizations. As soon as practicable following the execution of this Agreement by each of the Parties hereto, Basin Water and District shall cooperate in obtaining all permits, consents, entitlements, and approvals required as of the Effective Date (collectively the "Permits"), including without limitation any and all envirormaental Permits, necessary to enable Basin Water to install the Facilities and to initiate the treatment of water produced from the Wells to meet the Quality Standard pursuant to this Agreement. Accordingly, Basin Water and District agree: (a) to jointly pursue and support each other in obtaining the Permits necessary to initiate timely installation and operation of the Facilities; (b) to make timely submission for such Permits; and (c) to cooperate with each other in implementing terms of this Agreement and achieving its objectives. Each Party shall bear its own costs and expenses for the activities required under this Section 14. Any permit necessary to operate the Facilities shall be drawn in the name of the District. 15. Water Rights Not Affected. The treatment of water pursuant to this Agreement shall not confer any appropriative, public trust, or other right to water of any nature on any person or entity. Nothing in this Agreement shall act as a forfeiture, diminution, or impairment of any rights District may enjoy to full use of the water from the Wells from and after the execution and subsequent 9 expiration of this Agreement, or shall in any way prejudice any of District's rights, rifle, or interest thereto. The Parties hereto agree that neither water treated under this Agreement nor the Agreement itself is evidence of lack of beneficial use of the water involved in the treatment hereunder. 16. Time for Performance. Subject to Sections 17 and 22.18 below, each of the Parties hereto shall perform their respective obligations under this Agreement in a prompt, timely, and professional manner and in accordance with the Performance Schedule attached hereto as Exhibit "H" and incorporated herein by this reference. 17. Early Termination. 17.1 Disl]:ict's Termination Options. 17.1.1 Failure to Obtain Permits. If for any reason other than a delay caused by District or by a Force Majeure Event (as defined in Section 22.18 below), all requisite Permits have not been secured and Basin Water has not been able to install the Facilities to treat the water so that it meets the Quality Standard within sixty (60) days after the last day of the Performance Schedule (the "Performance Deadline"), then District, at its option, upon written notice to Basin Water in the manner set forth in Section 22.5 below, may terminate this Agreement, and District and Basin Water shall each be responsible only for their own respective expenditures and out-of-pocket costs incurred in counecrion with this Agreement. 17.1.2 Change in Qualit~ Standard. If after the Effective Date and before the issuance of the Permits, the Quality Standard is increased for any reason not caused by District, and District does not wish to pay Basin Water the increased Minimum Treatment Fee and Additional Fee, if any, charged by Basin Water pursuant to Section 8.6 hereof, then District, at its option, upon written notice to Basin Water in the manner set forth in Section 22.5 below, may terminate this Agreement, and District and Basin Water shall each have no further responsibilities to the other Party under this Agreement and each shall bear its own expenditures and out-of-pocket costs incurred in connection therewith. 17.2 Ba~fin Water' s Termination Options. In addition to the rights and remedies set forth in Section 11 of this Agreement, Basin Water shall be entitled to exercise all of the following: 17.2.1 Failure to Obtain Permits. If for any reason other than a Force Majeure Event (as defmed in Section 22.18 below), all requisite Permits have not been secured and Basin Water has not been able to install the Facilities to treat the water so that it meets the Quality Standard on or before the date that is sixty (60) days after the Performance Deadline, then, Basin Water, at its option, upon written notice to District in the manner set forth in Section 22.5 below, may terminate this Agreement, and, in heu of any other remedies at law or in equity to which District otherwise might be entitled, Basin Water shall be responsible only for its own expenditures and out-of-pocket costs incurred in connect[on with this Agreement. 17.2.2 Breach. If for any reason other than a Force Majeure Event (as defmed 10 in Section 22.18 below), District falls to fully and completely comply with any of its obligations under this Agreement, or tlr~e representations contained in Section 20.1 below are determined to be inaccurate or no longer app]iicable, or any of the Permits are revoked, then Basin Water, at its option, may deem said act or omission to constitute an event of default and shall give District written notice thereof in the manner set forth in Section 22.5 below, and provide therein that District must cure said default to the satisfaction ol~Basin Water within fifteen (15) days of said notice. If the default is not timely cured to the satisfaction of Basin Water, then Basin Water may declare a material breach of this Agreement and, upon ,~itten notice to District in the manner set forth in Section 22.5 below, terminate this Agreement, and, in addition to any other remedies at law or in equity that might otherwise be available to Basin Water, Basin Water shall be entitled to receive a lump sum payment fi.om District of the entire ~wnount of money that would otherwise be owed to Basin Water had the Agreement been completed through the Term. 17.3 District's Termination Option. If for any reason other than a Force Majeure Event (as defined in Sectic.n 22.18 below), Basin Water fails to fully and completely comply with any of its obligations under this Agreement, or the representations contained in Section 20.2 below are determined to be inaccurate or no longer applicable, or any of the Permits are revoked, then the District, at its option, may deem said act or omission to constitute an event of default and shall give Basin Water written notice thereof in the manner set forth in Section 22.5 below, and provide therein that Basin Water must cure., said default to the satisfaction of the District within fifteen (15) days of said notice. If the default is not timely cured to the satisfaction of the District, then the District may declare a material breach of this Agreement and, upon written notice to District in the manner set forth in Section 22.5 below, terminate this Agreement, and, in addition to any other remedies at law or in equity that might otherwise be available to the District, Basin Water shall be required to remove the Facilities and restore the District's property to the condition existing immediately prior to Basin Water's installation of the Facilities, reasonable wear and tear excepted. 18. Removal of Facilities. Upon termination of this Agreement, Basin Water, at its expense, may remove or shut down any or all Facilities installed and used by Basin Water to treat the water produced by the Wells an&~or to monitor compliance of such water with the Quality Standard. Basin Water shall coordinate snch removal or shut down with District. Basin Water shall not be responsible for costs required to reinstate District's property to its original condition. 19. License to Enller. By execution of this Agreement, District hereby conveys to Basin Water an exclusive irrevocable license coupled with an interest to full and complete access to the District's property on which the Facilities are located, solely for the purpose of performing its obligations under this Agreement. If Basin Water so requests, the license herein conveyed shall be formalized by a separate ~a'itten instrument consistent with the scope of the license set forth above and in a form satisfactory to Basin Water. 20. Representations and Warranties. 20.1 Representations and Warranties of District. In addition to the representations reflected in Section 5 above, District makes the following representations, warranties, and covenants 11 to Basin Water, as of the Effective Date: 20.1.1 Power and Authority to Execute and Perform this Agreement. District has the right, power, and authority to enter into this Agreement and to perform its obligations hereunder, and the person(s) executing this Agreement on behalf of District has (have) the right, power, and authority to do so. 20.1.2 Enforceability. This Agreement constitutes the legal, valid, and binding obligation of District, enforceable against District in accordance with its terms. 20.1.3 No Litigation. There is no suit, action, or arbitration or legal, administrative, or other proceeding, formal or informal, pending or threatened, which adversely affects District's ability to enter into and perform its obligations under this Agreement. 20.1.4 No Conflict. The execution and performance of this Agreement by District does not breach or constitute a default by District under any law, regulation, ruling, court order, agreement, indenture, or undertaking or other instrument to which District is a party or by which District or any of its property may be bound or affected and does not constitute a breach or default under any law, regulation, ruling, or court order. 20.1.5 Production Capacity. Upon completion of installation of the Facilities, pursuant to Section 16 above, the Wells will be capable of producing and delivering the Base Quantity of water for processing at the Facilities, subject to Section 22.18 hereof. 20.1.6 ~ilities. Upon completion of installation of the Facilities, pursuant to Section 16 above, and for the Term of this Agreement, District will provide appropriately qualified and. certified operations personnel so as to properly operate the Facilities in a highly efficient manner mad deliver the Base Quantity of water for processing at the Facilities, subject to Section 22.18 hereof. 20.2 Representations or Warranties of Basin Water. Basin Water makes the following representations, warranties, and covenants to District, as of the Effective Date: 20.2.1 Power and Authority to Execute and Perform this Agreement. Basin Water has the right, power, and authority under this Agreement to perform its obligations hereunder, and the person(s) executing this Agreement on behalf of Basin Water has (have) the right, power, and authority to do so. 20.2.2 Enforceability. This Agreement constitutes a legal, valid, and binding obligation of Basin Water, enforceable against Basin Water in accordance with its terms. 20.2.3 No Litigation. There is no suit, action, or arbitration or legal, administrative, or other proceeding, formal or informal, pending or threatened, which adversely affects the ability of Basin Water to enter into and perform its obligations under this Agreement. 12 20.2.4 No Conflict. The execution, delivery, and performance of this Agreement by Basin Water will not breach or constitute a default under or grounds for the acceleration of maturity of any agreement, indenture, or undertaking or other instrument to which Basin Water is a party or by which Basin Water or any of its property may be bound or affected and does not constitute a breach or default under any law, regulation, ruling, or court order. 20.25 Treatment Capacity. The Facilities are capable of treating, at a minimum, the Base Quantity of water, subject to Section 22.18 hereof. 20.2.6 Supervisory Capabilities. Upon completion of installation of the Facilities, pursuant to Section 16 above, and for the Term of this Agreement, Basin Water will monitor the operation of the Facilities by District and provide technical advice therefor. 21. Taxes. Basin Water shall not be liable for any taxes and governmental charges of any kind whatsoever that may at any time be assessed or levied against, or with respect to, the use, possession, occupation, mad/or ownership of any property, or part thereof, involved in the implementation of this Agreement (including, but not limited to, the Wells, the Facilities, and the real property upon which the Wells and the Facilities are located and upon which Basin Water has a license to enter pursuant to Section 19 above), or any and all general or special taxes, fees, assessments, and/or charges made by any governmental body for any improvements made to such property, or part thereof, and/or for any services or activities performed hereunder. If Basin Water is assessed any such taxes, fees, assessments, or charges, said sums shall be paid by District within thirty (30) days after receipt of an invoice therefor from Basin Water. 22. Miscellaneous Provisions. 22.1 Further Assurances. At any time and from time to time after the date hereof, each Party agrees to take such actions and to execute and deliver such documents as the other Party may reasonably request to effectuate the purposes of this Agreement. 22.2 Ass![gnment. Neither Party shall assign any of its rights, interests, or obligations under this Agreement without the prior written consent of the other Party. Subject to the foregoing restriction, this Agreement and all provisions hereof shall be binding upon, and inure to the benefit of, the Parties hereto and their respective heirs, successors, legal representatives, and assigns. 22.3 Amendment. Except as otherwise provided in this Agreement, neither this Agreement nor any provision hereof may be waived, modified, amended, discharged, or terminated except by an instrument irt writing signed by both Parties, and then only to the extent set forth in such writing. 22.4 Entire Agreement. This Agreement and the agreements provided for herein constitute the entire understanding between the Parties with respect to the matters set forth herein, 13 and they supercede all prior or contemporaneous understandings or agreements between the Parties with respect to the subject raatter hereof, whether oral or written. 22.5 Notices. Any notice, approval, consent, waiver or other communication required or permitted to be g,6ven or to be served upon either Party in connection with this Agreement shall be in writing. Such m~tice shall be personally served, sent by facsimile, telegram, or cable, or sent prepaid by registered or certified mail with return receipt requested, or sent by reputable overnight delivery service, such as Federal Express, and shall be deemed given: (a) if personally served, when delivered to the Party to whom such notice is addressed; (b) if given by facsimile, telegram, or cable, when sent; (c) if given by prepaid or certified mail with return receipt requested, on the date of execution of the return receipt; or (d) if sent by reputable overnight delivery service, such as Federal Express, when received. Any notice given by facsimile, telegram, or cable shall be con£mmed in writing, and such confirmation shall be sent or delivered by any of the other means of delivery set forth in this Section, within forty-eight (48) hours after notice was sent by facsimile, telegram, or cable. Such notices shall be addressed to the Party to whom such notice is to be given at the Party's address set forth below or as such Party shall otherwise direct in a writing to the other Party delivered or sent in accordance with this Section. If to Basin Water: Basin Water, Inc. P.O. Box 70000 San Diego, CA 92167 Attn: Peter L. Jensen, President Fax No.: (619) 222-3393 If to District: Attn: Fax No.: 22.6 Governing Law. This Agreement shall be governed by, and construed and interpreted in accordance with, the laws of the State of California, without giving effect to any choice-of-law or conflicts-of-laws rule or principle that would result in the application of any other laws. 22.7 Headings. Headings, titles, and captions are for convenience only and shall not constitute a portion of this Agreement or be used for the interpretation thereof. 22.8 Curaulative Rights; Waiver. The rights created under this Agreement, or by law or equity, Shall be cumulative and may be exemised at any time and from time to time. No failure by either Party to exemise, and no delay in exercising any rights, shall be construed or deemed to be a waiver thereof, nor shall any single or partial exemise by any Party preclude any other or future exercise thereof or the exercise of any other right. Any waiver of any provision or of any breach of any provision of this Agreement must be in writing, and any waiver by any Party of any 14 breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of that provision or of any breach of any other provision of this Agreement. The failure of any Party to insist upon strict adherence to any term of the Agreement on one or more occasions shall not be considered or construed or deemed a waiver of any provision or any breach of any provision of this Agreement or deprive that Party of the right thereafter to insist upon strict adherence to that term or provision or any other term or provision of this Agreement. No delay or omission on the part of any Party in exemising any right under this Agreement shall operate as a waiver of any such right or any other right under this Agreement. 22.9 Liberal Construction. This Agreement constitutes a fully-negotiated agreement among commercially sophisticated Parties, each assisted by legal counsel, and the terms of this Agreement shall nol: be construed or interpreted for or against any Party hereto because that Party or its legal representative drafted or prepared such provision. 22.10 Sew,~rabilit¥. If any provision of this Agreement is invalid, illegal, or unenforceable, such provision shall be deemed to be severed or deleted from this Agreement and the balance of this Agreement shall remain in full force and effect notwithstanding such invalidity, illegality, or unenforceability. 22.11 Goc,d Faith and Fair Dealing. The Parties hereto acknowledge and agree that the performances required by the provisions of this Agreement shall be undertaken in good faith, and with each of the Parties dealing fairly with each other. 22.12 No Third-Party Beneficiaries. Subject to Section 22.2 above, this Agreement does not create, and shall not be construed to create, any rights enforceable by any person, partnership, corporation, joint venture, limited liability company or other form of organization or association of any kind that is not a Party to this Agreement, except to the extent that Basin Water's rights may be enforced by a parent company thereof or a subsidiary thereto. 22.13 Counterparts; Facsimile Execution. This Agreement may be executed in counterparts, each ofwhici~ shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature page of any counterpart may be detached therefrom without impairing the legal effect c,fthe signature(s) thereon, provided such signature page is attached to any other counterpart identica]~ thereto except for having an additional signature page executed by any other Party. Each Party agrees that each other Party may rely upon the facsimile signature of any Party on this Agreement as constituting a duly authorized, irrevocable, actual, current delivery of this Agreement as fully as if this Agreement contained the original ink signature of the Party supplying a facsimile signature. 22.14 Time of the Essence. Time is of the essence of each and every provision of this Agreement. Unless business days are expressly provided for, all references to "days" herein shall refer to consecutive calendar days. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state, or legal holiday, then such date automatically shall be extended to the next day which is not a Saturday, Sunday, or federal, state, or legal holiday. 15 22.15 Number and Gender. As used herein, and as the circumstances require, the plural term shall include the singular, the singular shall include the plural, the neuter term shall include the masculine and feminine genders, the masculine term shall include the neuter and the feminine genders, and the f~minine term shall include the neuter and the masculine genders. 22.16 Disputes. 22.15.1 Arbitration. Any dispute or controversy arising out of, under, or in connection with, or in relation to, this Agreement and/or any amendments thereto, or the breach thereof, which is not resolved informally by prior mutual agreement of the Parties hereto, shall be submitted to arbitration in accordance with the procedure set forth in the California Arbitration Act, Sections 1280 through 1294.2 of the Code of Civil Procedure, unless otherwise waived and/or modified in writing by the Parties hereto. The cost of such arbitration shall be paid by the Parties equally; however, the prevailing Party in the arbitration shall be entitled to reimbursement of its attomeys fees and other co sts incurred in connection therewith. 22.16.2 Attorneys Fees. If a dispute arises which is not concluded by arbitration pursuant to Section 22.16.1 above, and any Party to this Agreement reasonably retains counsel for the purpose of enforcing any provision of this Agreement, including without limitation the institution of any action or proceeding to enforce any provision of this Agreement, or to recover damages if otherwise avail[able hereunder, or to obtain injunctive or other relief by reason of any alleged breach of any provision of this Agreement, or for a declaration based on a demonstrated necessity of such Party's rights or obligations under this Agreement, or for any other judicial or equitable remedy, then if the matter is settled by judicial or quasi-judicial determination, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to be reimbursed by the losing Party for all costs and expenses incurred, including without limitation ail attorneys' · 'lin P and an attorne s' fees and costs incurred fees and costs for servmes rendered to the prevm g arty y y in enforcing any judgment or order entered. The prevailing Party shall be determined by the court in the initial or any subsequent proceeding. 22.17 Venue. Venue for any action or proceeding brought pursuant to Section22.16 above shall be before a stale or federal court, tribunal, or magistrate located in the State of California that would generally have competent in rem jurisdiction over the Wells. 22.18 Force Majeure. If any performance (other than the payment of money due hereunder) of this Agreement is prevented, delayed, or made impracticable due to extended drought, flood, fire, earthquake, or other natural disaster, lock out, strike, unavailability of necessary materials, electrical power or fuel, civil doting, terrorist attack, war or military conflict, inability of Basin Water to obtain all necessary Permits or approvals (including any and all environmental approvals), or if the cost of complying with environmental requirements renders this transaction economically impractical (collectively a "Force Majeure Event"), then such performance (except for the payment of money due hereunder) of this Agreement shall be excused for the period of prevention, delay, or impracticability resulting from the Force Majeure Event. 16 1N WITNESS WHEREOF, this Agreement has been executed as of the last date below written. Dated: BASIN WATER, INC. By:. Peter L. Jensen, President Dated: EAST VALLEY WATER DISTRICT By: [Name,~e] 17 EXHIBIT "A" Description of Wells EXHIBIT "B" Description of Facilities EXHIBIT "C" Purchase/Lease Option Terms EXHIBIT "D" Quality Standard for Each Contaminant Influent Levels for Each Contaminant EXHIBIT "E" Payment Schedule EXHIBIT "F" Invoice Form EXHIBIT "G" Insurance Requirements EXHIBIT "H" Performance Schedule 18 EXHIBIT "A" East Valley Water District Cull Well 2 Nitrate Removal Facility Description of Well This Exhibit is to be provided by East Valley Water District EXHIBIT "B" East Valley Water District Cull Well 2 Nitrate Removal Facility Facility Description Treatment Module (1,000 gpm capacity) o 16 bed configuration o Internal brine system o Process control system · Pre-Treatment filter system o Bag filters o Inlet, outlet, filter header system · Brine filter system · Waste storage tanks o 2 - polypro tanks o 4" Waste discharge system (to lockbox) · Salt storage tm~k o 1 - polypro tank o 4" transfer system · Utility requirements o 480vac 3ph 60hz 20 amp max (average 3.0 amps) o aA" service water connection o Well or Pump control interface o 4-20ma flow signal o 2" Waste drain Dial-up telephone line (for alarms and unit monitoring) EXHIBIT "C" East Valley Water District Cull Well 2 Nitrate Removal Facility Purchase Option Prices After 5 years $653,850 After 10 years $ 512,680 EXHIBIT "D" East Valley Water District Cull Well 2 Nitrate Removal Facility Water Quality Objectives Influent Nitrate Concer,tration: 50 mg/1 Treated Water Nitrate Concentration: Less than 25 mg/1 All General Physical and Chemical Characteristics to be base on water quality at time of well start up. EXHIBIT "E" East Valley Water District Cull Well 2 Nitrate Removal Facility Early Termination The District may elect to terminate this agreement prior to its term only if changes in government regulations require that the Cull Well 2 be removed from service. In the event that the District is required to take such action, Basin shall be compensated as follows: Years 1 - 3 $375,000 Years 4 - 6 $250,000 Years 7 - 9 $125,000 EXHIBIT "F" Basin Water Technology Group B~SJ~ 39 Fulton Avenue Pasadena CA, 91107 Phone: (626) 304-2660 Fax: (626) 304-9157 BILL TO: SERVICE ADDRESS: East Valley Water District East Valley Water District P.O. Box 3427 Cull Well 2 San Bemardino, CA 92413 San Bemardino, CA 92410 PO/Contract Number: Previous Meter Reading: 12/30/01 12:00 AM 0.0 Invoice Date: 3/2512002 Current Meter Reading: 1/31/02 12:00 AM 0.0 Billing Cycle: II1!/~/-'./-'.~ to 1/31/200-~: Total Flow (cf): 0.0 Days of Service: 32 Total Flow (Acre-ff.): 0.00000 Previous Charges Amount of Previous Bill 12/30/2002 $0.00 and Credits: Payment Received $0.00 New Charges Standby Charge ( $0.00 /month) $0.00 and Credits: Operating Charge ( $0.00 /cf x 0.0 cf) $0.00 PLEASE REMIT TO: Basin Water Technology Group 39 Fulton Avenue Pasadena, CA 91107 ITotal Due $0.00 ~ EXHIBIT "G" The Contractor shall maintain throughout the duration of the term of the Agreement, liability insurance covering the Contractor and designating the District including its elected or appointed officials, directors, officers, agents, employees, volunteers, or contractors, as additior~al insured against any and all claims resulting in injury or damage to persons or property (both real and personal) caused by any aspect of the Contractor's work, in amounts no less than the following and with such deductibles as are ordinary and reasonable in keeping with industry standards. It shall be stated, in the Additional Insured Endorsement, that the Contractor's insurance policies shall be primary as respects any claims re,lated to or as the result of the Contractor's work. Any insurance, pooled coverage, or self-insurance maintained by the District, its elected or appointed officials, directors, officers, agents, employees, volunteers, or contractors shall be non- contributory. General Liability: a. General Aggregate $2,000,000 b. Products Coml~)/Op Aggregate $2,000,000 c. Personal & Advertising Injury $1,000,000 d. Each Occurrence $1,000,000 e. Fire Damage (any one fire) $ 50,000 f. Medical Exper~se (any one person) $ 5,000 Workers' Compensation: a. Workers' Compensation Statutory Limits b. EL Each Accident $1,000,000 c. EL Disease - Policy Limit $1,000,000 d. EL Disease - E-'ach Employee $1,000,000 Automobile Liability a. Any vehicle, combined single limit $1,000,000 The Contractor shall provide thirty (30) days advance notice to the District in the event of material changes or cancellation of any coverage. Certificates of insurance and additional insured endorsements shall be furnished to the District thirty (30) days prior to the effective date of this Agreement. Refusal to submit such certificates shall constitute a material breach of this Agreement entitling the District to any and all remedies at law or in equity, including termination of this Agreement. If proof of insurance required under this Agreement is not delivered as required or if such insurance is canceled and not adequately replaced, the District shall have the right but not the duty to obtain replacement insurance and to charge the Contractor for any premium due for such coverage. The District has the option to deduct any such premium from the sums due to the Contractor. Insurance is to be placed with insurers authorized and admitted to write insurance in California and with a current A.M. Best's rating of A-:VII or better. Acceptance of insurance from a carrier with a rating lower than A-:VII is subject to approval by the District's Risk Manag,~=r. Contractor shall immediately advise the District of any litigation that may affect these insurance policies, EXHIBIT "H" East Valley Water Dis~ct Cull Well 2 Nitrate Removal Facility Performance Schedule · Week 1 o Owner begins on-site and off-site preparation o BWT begins urdt assemble · Week 6 o Owner completes on-site and off-site preparations o BWT begins on-site mobilization · Week 10 o BWT deliveries Nitrate Removal Facility to Cull Well 2 site o BWT begins installation of Nitrate Removal Facility · Week 12 o BWT completes installation of Nitrate Removal Facility o BWT begins startup tests o BWT completes startup tests o Nitrate Removal Facility ready for permitting Initial Study for the Riverside Corona Feeder Project Prepared for WESTERN MUNICIPAL~ WATER DISTRICT Prepared by Albert A. Webb Associates Riverside, California ' January 23, 2003 I. INTRODUCTION This Initial Study has been prepared pursuant to the California Environmental Quality Act (CEQA, California P~ib[ic Resources Code Sections 21000 et seq,) and the State CEQA Guidelines (Californi~ Code of Regulations Sections 15000 et seq.). Western M, nicipal Water District (W]WCFD) will serve as the lead agency under the California Environmental Quality Act. A. rROrOSED rROJEC r R0 CT LOCAnON Western Mua/cipal Wat,:r District (WlvlWD) is proceedinvwith, the Pl.a. ,mdng of_the__Propos~e_d · Riverside: conve water Area to needs of' ot . c"--~ee area.' AS sh.~own in Figure 1, theft will extencI across s~x junsa , including urfincoq~orater~rside County and the C~ttes of San Bemardino, Colton, ~oposed infrastructure will al!ow WMWD t.o p. urch~e, ,and sto, ry wa!er ~o~,_m_ ~.e_~t_a~fa~er / Project in the San Bernurdino Basra Area when it is ,a vj ante and basin when ~t is needed If ap. Dr_o~at~~ ~c~rDached, native water rna~ ~ bas:m' - · ' --'-'-- ~ ts held b a-l~6-1~waii~[aoPh~es may be used to convey nattve water pursuam-'t~ts held by the City of Riv6rside arid the Blsinore Valley Municipal Water District. This project will make ~ less dependent on the direct delivery of water from The Metropolitan Water District of SoUthern California (M'WD) dm-lng dry hydrologic years. .The RCF Project will include approximately 30 miles of major feeder pipeline capable of delivering 100 cubic feet per second (cfs) (40,000 acre feet per year)of groundwater from the San Berna.rdino Basin Area to Vv2CfWD's c{tstomers and to water purveyors in the WMWD boundaries. Other project elements will include.several turnouts along the major feeder, a 2,500 horsepower (bp) pump station and 20 new or existing webs. Proposed RCF P:rojecl' pipelines may be shared with other public agencies within the San Bernardino Basin Are:t; The San Bernardino Valley Mu.uicipal Water District (SBWMWD) A_ ,__..._~..~,.:~ ;+~ *to .... a r~=~Jine Feeder Extension North/South. Yv-MWD and SBVMI) have plans t6 corm~'~RCF Project w..w~.lls t-~° SBVlvIWD'sfl?°.P°S,ea Extension North/South. Approxn-na e , ...... ..~ then oc msmoureu rrm the SBVMWD Baseline Feed~ !~o~_htgen~ into the RCF ProjeCt near the interjection of Warm Creek Bypass maintenance road and the City of Riverside's Thorne Pipeline in thc City of San Bcrnardino, This capacity may be made available on an interim basis to the City of Riverside for its use while the City makes improvements to its Waterman Avenue pipeline: WM-WD also intends to seek capacity (50 cfs) in the City of Riverside's Waterman Avenue pipeline. Water from this I/ne would enter the RCF near the intersection of Orange Show Roacf and Waterman Avenue. A 2,500 hp pump station will be necessary at this loc~tion to raise City of Riverside water to fhc RCF hydraulic gradient level (hgl) Of 1250-feet. From its connection with the Baseline Feeder Extension North/South pipeline the proposed pipeline will extend south across the Santa Aha River and then south and southwesterly through portions of the Citie:~ of Colton,* Grand Terrace, Riverside and Corona and unincorporated Riverside County (Figure 2). The proposed southerly terminus would be near the intersection of Ontario Avenue and C, ompton Avenue in the City of Corona. G:12OOOlOO~OJOSEifn[~ial Smdy Drafm~Final fn[t[al Study.do¢ I AlbertA. F/ebb Associates FONTANA RIVERSIDE MOREN6 VALLEY PROPOSED PERRIS [RVlNE ~ v~ Figure 1 'Not to Scale ^ L e ~. T ~.(~ Regional Location WEBB April 22, 2003 VIA FAX AND MAIL Don Harriger, General Mana~er Western Municipal Water Di~.~trict 450 Alessandro Blvd. Riverside, CA 92508 Re: Notice of Preparation of a Drai~ Program Environmental Impact Report for the Riverside Corona Feeder Project Dear Mr. Harriger: This office serves as General Counsel to the East Valley Water District ("EVWD"). Pursuant to the authority provided in the California Environmental Quality Act ("CEQA"), Public Resources Code ("PRC") Section 21000 et seq., and the Guidelines adopted thereunder, California Code of Regulations ("CCR") Section 15000 et seq., EVWD submits the following comments to the Notice of Preparation ("NOP") issued by Western Municipal Water District ("WMWD") on March 20, 2003, in connection with the above-referenced matter. In this regard, CEQA requires that the preparation and review of an environmental impact report ("EIR") "should be coordin~ted in a timely fashion with the existing planning, review, and project approval process being used by each public agency." CCR Section 15004(c). To help facilitate inter- agency coordination, PRC Section 21080.3(a) requires that the lead agency consult with all responsible agencies and trustee agencies before preparation of an EIR. The NOP is the procedural device used to initiate such interagency dialogue. PRC Sections 21080.4, 21092.2, 21092.3; CCR Section 15082(a). The NOP must be written so as to provide the agencies with sufficient information to enable them to make meaningful responses. At a minimum, the NOP must include a description of the project, its location on a map, and a statement of the project's probable environmental effe,~ts. CCR Section 15082(a)(1). Don Harriger, WMWD April 22, 2003 Page Two Here, EVWD is concerned that the Project appears to contemplate the extraction and exportation of fit~y (50) cfs of groundwater from the San Bernardino Basin Area for use by WMWD that (1) could result in serious water supply :xnd water quality problems for those agencies, such as EVWD, that rely upon such groundwater for i:a-basin municipal use, and (2) is possibly inconsistent with the water- rights provisions and restrictions contained in the Judgment entered in Western Municipal Water District, et al. v. East San Bernardino County Water District, et al., Riverside County Superior Court Case No. 78426 ("the Western Judgment"). Therefore, EV-WD requests tlhat the scope of the EIR include a complete and detailed discussion and analysis of the operational plan for the Project, the application of the rights, duties, limitations, and responsibilities set forth in the Western Judgment, and the impact of the Project on all related environmental interests, including but not limited to existing water quality, water supply, contaminant plumes, and native species and habitat. Further, EVWD requests that, pursuant to PRC Section 21091(d) and CCR Section 15002(j), a detailed written response to all comments previously submitted, all comments included herein, and all future comments subsequently added by EVWD with respect to the Project, be included in the environmental review record for the Project. EVWD expressly reserves the right to submit additional comments resulting from Ev~/qD's review of the proposed EIR and EVWD's receipt of the responses to those comments provided by EVWD and/or to object to the approval of the Project based upon other areas of the law, including failure to the NOP to satisfy the requirements of CEQA and/or adequately correlate to the EIR. Your anticipated consideration of these comments is greatly appreciated. Very truly yours, BRUNICK, BATTERSBY, McELHANEY & BECKETT Steven M. Kennedy cc: Robert E. Martin, EVWD General Manager RELEASES OF LIEN APRIL 15, 2003 ACCOUNT OWNERS PROPERTY AMOUNT NUMBER NAME ADDRESS OWED 1. 0081148-08 19.3U 2. 0230050-01 38.66 3. 0730063-07 64.21 4. 0830200-05 16,02 5. 0830211-03 24.39 6. 0920133-04 217.83 7. 1020038-02 17.74 8. 1050977-01 53.30 9. 1260208-00 44.72 10. 1520237-00 51.46 11. 1550497-03 156.95 TOTAL ~ $ 704.67 +PAID THROUGH TAX ROLLS Page 1 of 1 STATE OF CALIFORNIA Ptdlip Angelides, Treasurer P. O. BOX 942809 SACRAMENTO, CA 94209-0001 LAIF MONEYS PROTECTED BY STATUTE The State of California cannot borrow or withhold LA_IF moneys. Recent discussions · about the State's budge'~ deficit have generated questions from LAIF agencies and their . oversight boards about the safety and accessibility of moneys invested with LAIT. Can the State borrow Jr. AIF dollars to resolve the budget deficit? No. California Govermment Code 16429.3 states that moneys placed with the Treasurer for deposit in the LAIF by cities, counties, special districts, nonprofit corporations, or qualified · quasi-governmental agencies shall not be subject to ·either of the following: (a) Transfer or loan pursuant to Sections 16310, 16312, or 16313. (b) Impoundment or seizure by any state official or state agency. l Can the S!ate withhold LAIF inoneys if the State fails to adopt a budget by the June 30tt~ de~dhne? ' No. California Gow:mmant Code. 16429.4 wtfich was added to the LAIF's enabling legislation during the 2002 session states that the right o£ a. city, county, city and county, special district, nonprofit corporation, or qualified quasi-governmental agency, to withdraw its deposited money from the LAIF upon demand may not be altered, impaired, or denied in any way by any state official or state agency based upon the States failure to adopt a State Budget by July 1 of each new fiscal year. Questions regarding the LAIF program may be directed to LA_IF Administrator Eileen Park at (916) 653-3001 or by eraail at epark~treasurer, ca.gov. __1 You arc cordially invited to attend the S,'m Bemardino Area Chamber of Commerce "Business Ager Hours" (At the honae of the World Famous Wu~litzer Bubbler Jukebox) POOL TABLES & GAMES Please join us for hors d'oeuvres, beverages and tun. 895 W. Rialto Ave in San Bema. rdino ~. ~"- Thursday April 24, 2003 5:00 p.m. - 7:00 p.m. WATER EDUCATION FOUNDATION 717 K Street, Suite 317 Sacramento, CA 95814 Phone: (9~.6) 444-6240 Fax: (916) 448-7699 Internet: www.watereducation.org The Bay-Delta Tour June 4-6, 2003 Sponsored by the Water Education Foundation All roads in California water policy lead to the Bay-Delta, heart of California's surface water delivery system and a vital habitat for fish, birds and wildlife. It also is the focus of one of the largest ecosystem restoration efforts in the nation. 2003 is a year of Deltatransitions with a new governmental agency- the California Bay-DeltaAuthority- assuming authority over the CALFED Delta "fix ." This tour of the S an Francisco Bay/8 acramanto-S an Joaquin Delta Estuary -~rovides the oppormnityto view significant features firsthand by bus and boat, and gain abetter understanding of these ~lll~nd other challenging issues. This fast-paced, three-day tour leaves Sacramento internationalAirport Wednesday, June 4, traveling through the Delta and across the Bay, returning to the Sacramento airport by 6 p.m. Friday, June 6. Travel is by ak-conditioned bus, Delta houseboats and the San Francisco Ferry. The tour is co-sponsored bythe California Department of Water Resources and the U.S. Bureau of]Reclamation, Mid-Pacific Region. On the tour you will learn about: · The various state and federal agencies that have a stake in Bay-Delta decisions · State and federal water project operations in thc Delta · The new Call fomia Bay-Delta Authority ~~1~'~ . · The viewpoints of the major stakeholder groups- agricultural, urban and environmental-as well as in-Delta water users and those' · who live in the watersheds aboYe the Delta ~l · Levee subsidence and flood coritrol ~ · Water project operations and etforts to protect fish · Delta faro:dug ~ · Water quality, salt intrusion, drhfldng water treatment and THMs · Ecosystem restoration projects · Industrial water use, wastewater treatment and discharge · Wetlands and waterfowl . ~} ~ · Introduced species ~ ~ ~ The mission of the ~hter Education Foundation, an impartial, non-profit organization, ia to create a better understanding of water issues and help re*olve water resource problems through educational programs. We plan to visit the: · Sacramento Deep Water Ship Chaunel · Delta Cross Channel n~' · Delta islands and levees · Mokelumne River · Clifton Court Forebay · State fish screens · Harvey O. Banks Pumping Plant Visitor Center · Los Vaqueros Reservoir · A state-of-the-art water treatment facility · U.S. Army Corps of Engineers Bay-Delta Model · SanFrancisco Bay · Grizzly IslandV~rfldlife Refuge- S uisun Marsh Registration fee for one person, siztgle occupancy room- $550 Registration fee for two people, do,able occupancy room- $950 Register four or more people for the Bay-Delta Tour and receive a discount- single occupancy rooms $500 each; double occupancy rooms $900. The tour begins at 8 a.m., Wednesday; June 4, at the Sacramento airport and ends by 6 p.m. Friday, June 6 at the Sacramento airport. Travel will be by ~fir-conditioned bus equipped with video monitors and restroom, Delta house- boats and the San Francisco Ferry. The tour registration fee includes all lodging and meals while on the tour including Thursday night dinner at the historic Alta Mira Restaurant in Sausalito overlooking S an Francisco Bay. ~llll~l'our participants are responsible for their own mmsportafion to and from Sacramento. This activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 20 hours. The Foundation certifies that this activity conforms to the standards for approved education activities presclfibed by the rules and regulations of the State Bar of California governing minimum continuing legal education. There is an additional charge of $100 to register for MCLE credit. Seating on this tour is limited. AIl reservations are on a first-come, first-serve basis. Reservations can be made by completing the attached form and returning it to the Foundation with your payment. Faxed reservations wffi ~be accepted with credit card or purchase order payments. Fee includes all meals, lodging, transportation while on the tour and background material. Deadline to caned and receive a full refund is 5 p.m. May 23 due to hotel, meal and transportation bookings. Request for a refund must be in writ- ing. Substitutions may be made at anytime. On-line registration is available at our web site, www. watereducation, org Additional tour information, complete itinerary and~reference materials will be mailed approximately one month before the tour. Please notify the Foundation prior to the tour if you have a medical condition or other special need we should be aware of to accommodate you. Water Education Foundation 2003 Bay-Delta Tour Registration Form Name(s) Title(s) Orgardzation Address City, State, Zip Phone No. E-mail Driver's License or I.D. CardNo. State__.Exp. Date Date of Birth: Month Day_ Year (3fecessary for security clearance at some facilities) My $. fee is enclosed ($550; $500 per person if4 or more are registering). Includes all transporta- tion, meals and overnight lodging while on the tour, based on a single person occupancy per room. Our $ fee is enclosed ($950; $900 per room if 4 or more are registering). Includes all transporta- tion, meals and overnight lodging .while on the tour for two people sharin~ a room. __ Yes, register me for MCLE credits for an additional $100 fee. $ Total enclosed For payment by [] Visa [] MasterCard [] American Express: I Purchase Order No: Credit card number: Exp. date / Signature (must be signed to process order) We reserve as many non-smoking rooms as are available. If you WANT a smoking room, please check here: $ p.m. on May 23 is the last date to cancel and receive a full refund. Refund request must be in writing. Substitutions may be made at any time. Faxed reservations accepted with purchase order or credit card. Please make checks payable to the Water Edu- Vcation Foundatioh and send check with completed form to 717 K St., Ste. 317, Sacramento, CA 95814; 916-444-6240; fax 916-448-7699. For Board Members, Treasurers, Managers, Finance Officers, Operation Managers, and Secretaries of Special Districts, Citie:s, Counties, and Non-Profits A Special District Institute Seminar * The ~ on district :Snance · _Cmllplf. ielg~p, daI~ -- the Is.test information, revised this year · Addresses your needs ;vith practical advice you can use immediately This is the second in a series of three seminars designed to give you the tools needed to deal with the challenges facing your district. Obtain valuable information to guide your agency through today's maze of increasing costs, costly facilities, and complex regulations. A Must Attend Seminar For Newly .Elected Officials Hilton Palm Springs Resort Palm Springs, CA June 26-27, 2003 'Accompa®ing lForkshops offered June 25'~andJune 28'*: Special District Finance is designed to cover the full spectrum of the finandal information requirements 9:00 - 4:00 Building a Successful District needed by today's financial management team. 7:30 - 8:00 a.m. Registration and Continental Breakfast Special District Finance takes the participant step- 8:00 - 8:15 Introductions & Opening Remarks by-step through the entire financing process. The 8:15 - 9:15 Fiscal Leadership and Strategic Financial Planning seminar provides the policy maker and manager 9:30 - 10:30 ' Understanding Your District's Audit with the essentials of a long-range debt and revenue 10:45 - 12:00 Workshop 1 - Financial Planning management system, and provides a solid 5oundafion Workshop 2 - Auditing Issues in financial planning techniques, includin[F 12:00 - 1:45 Keynote Luncheon: Jon Coupai, I-Ioward Jarvis Taxpayers Association Capital Requirements Planning 1:45 - 2:45 Debt Financing versus Pay as You Go Budgeting 3:00 - 4:30 Workshop 1 - Favorable Bond Ratings Workshop 2 - Financial Control Debt Financing 4:30 - 5:30 Networking Reception Revenue Analysis Cash Management Investment Management 7:30 - 8:00 a.m. Continental Brea 'kfast ~' Operations and Maintenance Requirements 8:00 - 9:00 Preserving Your District's Assets .Auditing 9:15 - 10:15 Setting Rates, Charges, Fees, and Assessments 10:30 - 12:00 Workshop 1 - Successful Budget Formats Workshop 2 - Raising Revenue Without Litigation REGISTER NOW - 800-457-0237 12:00 - 1:15 Luncheon: Presentation of Certificates 1:15 - 2:30 Market Your Budget Successfully · .,::. ,~. z.~! .!. 2:45 - 4:00 Raising Revenue Without Being Lynched Thousands have attended ,thisiYaluab![ armkml:!: 4:00 - 4:15 Wrap-up Session: Successful District Finance program over the past 30 3,ears. are eXPe~ ~e~ced and Pi:aCti¢:.~.::~_:~.:r:?ry~:...: 9:00-4:00 Restoring Public Trust "Ethics in Government" field ~f Special DistriCt the Two Optional Workshops Offered WHAT YOU'LL LEARN.~;'. %w to overcome key challenges faced by Special Districts · Restore public confidence in your District operations ~o recognize the early signs of trouble · Ethical requkements of the law and beyond · Keep the board focused on the big picture · Mere compliance of the law is not acceptable · Sustain superior performance by the management staff · Take it to a higher level through leadership and trust · Put it all together and make it happen for your District · Do the right thing - it's your job as a public official Fiscal Leadership and Strategic Financial Planning g Your District's Assets '~lerm M. Reiter, Reiter Lowry Consultants Understan~g Your District's Aunt Steve Northcote, Leaf and Cole Setting Rates, Charges~ Fees, ~d Assessments GIe~ M. Reiter~ Reiter Logy Cons~tants Workshops - Case Smffies , ~.~ . ~,.,,- *' .~-~,: . ........ .~ ~* ~ Case Stu~es ,t Financing versus Pay As You Go Market Your Budget Successfully Robert Rauch~ Rauch Communication Consultants Martin Rauch, Rauch Communication Consultants ">:~'"~:~ '~" d-:?~i~.'..'t~, /t:~p 7:m~eyou[ bFdget an ~f~ e Students and Guests Ne~or~g Reception Revenue Without Berg Lynched Wrap-up Session: Successful District Finance One of the 3 Seminars Needed for Certification Hilton Palm Springs Resort - Hotel Accommodations... Each Participant Receives... Comprehensive handbook, all class materials, continental breakfast each day, refreshment breaks, lunch each day, networking with instructors and peers. Tuition does not include lodging or other meals. Certification Program... By attending this seminar, you are automatically enrolled as a candidate for the Certificate Program in Special District Leadership and Management. There is a $35 administrative fee that will be charged with the enrollment of your third seminar. Seminars can be taken in any order and must be completed within a three-year period. Guest Meal Package... 3uests may join you for all meal functior,s provided a separate meal package is purchased in advance. Your guest will be given a ~name badge that will allow admittance to all meal functions. Discounts Available... recetve your reglstratron:and payment-ay, s:' d~om the sam¢;~r~anon'.are Special Car Rental Discount · - - - special arrangements have been ~ - discounted rates are available. Call Avis made for discounted car rentals for our group. Call Enterprise at 800-331-1600 reference Account No. D900923 and Rate at 760-778-0054 and reference Code No. CD8818. Code: Daffy or Weekly - OO. Special Airline Discounts witlh... ~ offers discounted airfiuces for this event, t ' ' is offering a 10% discount on most Call Urfited 800-521-4041 to book your reservations and of its already low fares, for travel to and from this event. receive a 5% discount oft' any fare, inclu~qlng First Class, or a Call the Southwest A.irl/nes Group and Meeting Reservations 10% discount off full fare, unrestricted coach fares when at 800-433-5368. Reservations must be made at least 5 days tickets purchased 7 days in advance. An additional 5% prior to travel. Discounts are subject to terms and availability. discount will apply if tickets are purchased at least 30 days in Use Meeting ID No. K8351. advance of travel date. Use Meeting II) No. 517BI. ,2ancellations and Refunds... \'qritten cancellarion requests received on or before June 11, 2003 will receive a refi~nd, less a $50 processing fee. Full payment is required if cancellation is received on or afmr June 12, 2003 ~ no refunds and no credits for furore events will be granted. However, substitutions may be made at any time for fids event only. There ~vill be a $25 fee charged for checks returned for insufficient funds or for credit cards &Med. SDI reserves the right to make changes in programs and speakers, or to cancel programs when conditions beyond its control prevail. Every effort will be made to contact each enrollee if a program is cancelled. If a program is not held, SDI's liability is limited to the refund of the program fee only. FINANCE - ENROLLMENT FORM FAX: 760-643-1761 * PHONE: 800-457-0237 or 760-643-1760 PO Box 769 * Bonsall, CA 92003-0769 Name: Tide: Agency: For Official M~iling Address: Use Only City: State: Zip: Phone: Fax: E-mail: Wehsite: Guest Name: (A) $295 Building a Successful District Workshop (B) $295 Restoring Publ/c Trust "Ethics in Government" Workshop c~ (C) $565 Special District Finance Seminar (Two Days) 08- (D) $785 Seminar + Workshop ($75 savings) Select One: Building a Successful District or Restoring Public Trust (E) $985 Seminar 3. both Workshops ($170 savings) (F) $119'.Order Handbook Only - Building a Successful District (G) $119 Order Handbook Only - Restoring Public Trust "Ethics in Government" (H) $199 Order Haadbook Only - Special District Finance Seminar (Handbooks ~ll be shipped the meek after the event) (I) $ 50 Guest Meal Package for Workshop (J) $I00 Guest Meal Package for Seminar · 10% Discount for atten&tnce for 5 or more from same District · $25.00 Early registration discount (must receive payment by 5/14/03) Sub Total of Registration $ Special Needs: Subtract 10% Discount for 5 or more $ (~f applicable) ~ Wheelchair Access Subtract $25.00 Early Registration $ Of applicable) [] Visually Impaired Certification Fee ($35.00) $ Of applicable) ~1 Hearing Impaired .o -' Total Registration Fee $ 121 Vegetarian Meals .-~ ~.~ O Other '~ --' ', METHOD OF PAYMENT: Payable to Special District Institute .tv : El Check Enclosed for $ 2- ~] Please Invoice PO# : [] Charge: [] Visa [] M/C C:~rd. # + -;.- (l~numbers + 3 numbers ll'stedin the signature area on back o£ credit card) Credit Card M~Jng Address Zip Code: ,.o ' Signature Expiration Date: ~-' PO Box 769 . Bonsall, CA 92003