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HomeMy WebLinkAboutAgenda Packet - EVWD Board of Directors - 05/13/2003 East Va'l ey Water District 1155 DEL ROSA AVENUE, SAN BERNARDINO, CA REGULAR BOARD MEETING May 13, 2003 2:00 P.M. AGENDA "In order to comply with legal r.:quirements for posting of agenda, only those items filed with the District Secretary by 10:00 a.m. on Wednesday prior to the following Tuesday meeting not requiring departmental investigation, will be considered by the Board of Directors". CALL TO ORDER PLEDGE OF ALLEGIANCE I. Approval of Agenda 2. Public Comments CONSENT CALENDAR 3. Approval of Board Meeting Minutes for April 22, 2003. 4. Approval of Special Meeting Minutes for April 29, 2003. 5. Approval of Liens for Delinquent Water and Sewer Accounts. 6. Resolution 2003.22 - Authorizing Liquidation of Stock. 7. Approval of Development Agreement between East Valley Water District and North American Residential Communities, Inc. to provide domestic sewer service to five (5) dwelling units located at the northwest corner of Burns Avenue and Browning Road in the City of Highland within Tract No. 16389. 8. Approval of Development Agreement between East Valley Water District and North American Residential Communities, Inc. to provide domestic water and sewer service to thirteen (13) dwelling units located at the west side of Browning Road, east of Tiara in the City of Highland within Tract No. 14419. 9. Accounts Payable Disbursements: Accounts Payable Checks #192962 through #193226 were distributed April 23, 2003 through May 9, 2003 in the amount of $1,834,062.47. Payroll Checks for period ended April 25, 2003 and May 9, 2003 and included checks and direct deposits in the amount of $84,683.07 and $86,785.39, totaling $171,468.46. Total Disbursements for the period were $2,005,530.93. OLD BUSINESS 10. Radon Rule Update (Gene~aI Manager) NEW BUSINESS I 1. Claim for damages at in the City of Highland from Richard Fockler. 12. Discussion and possible action regarding claim from Betty Sweet for accident which occurred on the East side of Tippecanoe Ave., one block South of 9th Street. 13. Director's fees and expens.:s for April 2003. 14. Resolution 2003.23 - Sup. porting Nomination of Randy Fiorini as Vice President for the Association of California Water Agencies. 15. Discussion and possible action regarding request from Redlands High School (PTSA) for a bottled water donation. 16. Special Election on May 19, 2003 to fill board vacancy on the ASBCSD Board of Directors. 17. Approval of Temporary Entry Permit for the East Branch Extension Phase II, Mentone Feeder East, Alternate Route II. 18. Review "2002 Consumer Confidence Report" for East Valley Water District. 19. Review various proposals for new EVWD Logo. REPORTS 20. April 28, 2003 - Releases of Lien for Delinquent Water and Sewer Accounts. 21. General Manager's Report a) EVWD's 50th Armiversary Truck b) Summary of current construction projects 22. Oral Comments from Board of Directors. MEETINGS 23. SAN BERNARDINO CHAMBER of COMMERCE "Legislative Breakfast featuring John Longville, Shandin Hills Golf Club, May 16, 2003. 24. ASBCSD MEMBERSHIP MEETING hosted by San Bernardino Valley WCD, Clara's Restaurant, Redlands, CA., May 19, 2003. 25. CLE 4th Annual Super Conference "THE ENDANGERED SPEC[ES ACT" Hyatt Regency Islandia Hotel, San Diego, June 23-24, 2003. 2 26. WEF 2003 Water Law & ?olicy Briefing, Hyatt Regency Islandia Hotel, San Diego, CA., June 17-18, 2003. CLOSED SESSION 27. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION [Government Code Section 54956.9(a)] Name of Case: In the Matter of Petitions to Revise Declaration of Fully Appropriated Streams to Allow Processing of Specified Applications to Appropriate Water from the Santa Ana River, State Water Resources Control Board Application Nos. 31174 and A031165. ANNOUNCEMENT OF CLOSED SESSION ACTION ADJOURN DRAFT SUBJECT TO APPROVAL EAST VALLEY WAT]ER DISTRICT APRIL 22, 2003 REGULAR BOARD MEETING IVII31UTES The meeting was called to order at 2:00 p.m. by President Goodin. Steve Kennedy led the flag salute. PRESENT: Dkectors Lightfoot, Sturgeon, Wilson, Goodin AB SENT: Director Negrete STAFF: Robert Martin, General Manager; Brian Tompkins, Chief Financial Officer; Mary Wallace, Administrative Assistant LEGAL COUNSEL: Steve Kennedy GUEST(s): Charles Roberts (Highland Community News), George Theodorou (GMID Architects), Jo McAndrews APPROVAL OF AGENDA M/S/C (Sturgeon-Wilson) that the April 22, 2003 Agenda be approved as submitted. PUBLIC PARTICIPATION President Goodin declz[red the public participation section of the meeting open at 2:02 p.m. There being no vffitten or verbal comments, the public participation section was closed. APPROVAL OF APRIL 8, 2003 BOARD MEETING MINUTES. M/S/C (Lightfoot-Sturgeon) that the April 8, 2003 Board Meeting Minutes be approved as submitted. Minutes: 04/22/03 APPROVAL OF LIENS FOR DELINQUENT WATER AND SEWER ACCOUNTS. The General Manager stated that the charges identified by Account Numbers: 0350208-00 and 0542609-02 had been paid and should be removed from the lien list. M/S/C (Lighffoot-Sturgeon) that the liens for delinquent water and sewer accounts be approved for process~ag with the exceptions as noted by the General Manager. RESOLUTION 2003.19 - DEVELOPMENT AGREEMENT BETWEEN EAST VALLEY WATER DISTRICT AND HIGltl.AND 87, LP TO SUPPLY DOMlgSTIC WATER AND SEWElt SERVICE TO EIGHTY-SEVEN (87) DWELLING UNITS LOCATED AT TIlE SOUTHWEST CORNER OF BASELINE AND CUNNINGHAM STREET IN THE CITY OF HIGI:ILAND was presented to the Board for approval. M/S/C (Lighffool-Sturgeon) that Resolution 2003.19 be approved. RESOLUTION 2003.20 - ACCEPT CONVEYANCE OF PIPELINE EASEMENT FROM MARWAN ALABBASI IN THE CITY OF HIGHLAND was presented to the Board for approval. The General Manager noted that a minor change had been made to Exhibit "A". M/S/C (Lightfoo'>Sturgeon) that Resolution 2003.20 be approved. RESOLUTION 2003.2.1 - ACCEPT CONVEYANCE OF PIPELINE EASEMENT FROM MARWAN ALABBASI IN THE CITY OF HIGHLAND was presented to the Board for approval. The General Manager noted that a minor change had been made to Exhibit "A". M/S/C (Lightfoot-Sturgeon) that Resolution 2003.21 be approved. REVIEW AND ACCEPT FINANCIAL STATEMENTS FOR PERIOD ENDED MARCH 31, 2003. M/S/C (Lightfoot-Sturgeon) that the Financial Statements for the period ended March 31, 2003 be accepted as submitted. DISBURSEMENTS 1WS/C (Lightfoot-Sturgeon) that General Fund Disbursements #192799 through 192961 distributed dm'ing the period of April 8, 2003 through April 16, 2003 in the amount of $494,045.20 and Payroll Fund Disbursements for the period ended April 11, 2003 in the amount of $80,754.06 totaling $574,799.26 be approved. 2 Minutes: 04/22/03 RADON RULE UPDATE The General Manager reported on the District's progress with the Rule to date; that there was nothing new to report, in a "holding pattern" awaiting the VA/HUD Appropriation Mark Up due in May or June. Information only. LETTER FROM CITY OF ItlGHLAND REGARDING PURC/tASE OF SURPLUS LAND PURSUANT TO GOVERNMENT CODE SECTION 54220, ET. SEQ. Information only. ltEADQUARTERS PRELIMINARY DESIGN SUBMITTED BY GARY W. MILLER ARCHITECT & ASSOCIATES~ INC. Mr. George Theodorou from Gary Miller Architect & Associates presented a preliminary design of the new District Headquarters and related facilities; took note of various concerns about the pro2ect's design from Director Sturgeon. President Goodin suggested that a second trip be arranged to view the features located at the Cucamonga WD and Western Municipal WD prior to the May I3th Board Meeting. Information only. WATER TREATMENT CONTRACT FOR NITRATE REMOVAL WITH BASIN WATER TECItNOLOGY AT DISTRICT'S CULL PLANT #132 was presented to the Board for approval. The General Manager stated that the project involved an ion exchange process for removal of Nitrate and :recommended approval. M/S/C (Wilson-Sturgeon) that the Water Treatment Contract between Basin Water, Inc. and East Vtdley Water District be approved. REVIEW NOTICE OF PREPARATION AND INITIAL STUDY BY WESTERN MUNICIPAL WATER DISTRICT FOR TI~F, RIVERSIDE CORONA FEEDER PROJECT. A draft letter prepared by Legal Counsel regarding the Riverside Corona Feeder Project was presented to the Board for approval. M/S/C (Wilson-Lightfoot) that the letter from Legal Counsel be approved and sent to Western Municipal Water Distr/ct. RELEASES OF LIEN FOR DELINQUENT WATER AND SEWER ACCOUNTS. List of liens released on April 15, 2003 was reviewed. Information only. 3 Minutes: 04/22/03 LAIF MONEYS PROTECTED BY STATUTE. A statement from the Office of the Treasurer was presented for review. Information only. GENERAL MANAGER'S REPORT The General Manager reported on the District's operations to date; that an Exchange Plan Meeting will take place at 9:00 a.m. on Friday, April 25th; that there are no changes to the delivery schedules at this time; requested a voting delegate to represent the District at the ACWA General Session in Tahoe on May 7th; the District's voting delegate at the ACWA Conference will be Skip Wilson. Information only. ORAL COMMENTS FROM BOARD OF DIRECTORS Director Wilson suggested that the District host a dinner for Mr. Randy Fiorini et al, during the ACWA Conference in Tahoe. Information only. Director Goodin reminded all, and stressed the importance of, of the upcoming Board Workshop on Thursday, May 15th. Information only. There being no further verbal or written comments from the Directors, this section of the meeting was closed. SAN BERNARDING CltAMBER OF COMMERCE "BUSINESS AFTER HOURS", HOSTED BY GAMES FOR FUN, 895 W. RIALTO AVE., SAN BERNARDINO, AFRIL 24, 2003. Information only. WATER EDUCATION ]FOUNDATION "THE BAY-DELTA TOUR", SACRAMENTO, CA., JUNE 4-6, 2003. Information only. A SPECIAL DISTR,[CT INSTITUTE SEMINAR, HILTON PALM SPRINGS RESORT, PALM SPI1ANGS, CA. JUNE 26-27, 2003. Information only. PRESIDENT GOODIN DECLARED A FIVE MINUTE BREAK IN THE BOARD MEETING AT 3:30 P.M. PRESIDENT GOODIN DECLARED THE MEETING RE-OPENED AT 3:35 P.M. AND ADJOURNED TO CLOSED SESSION. CLOSED SESSION The Board entered into Closed Session at 3:55 p.m. as provided for in the California Open Meeting Law, Government Code Section 54945.9(a), to discuss those items listed on the Agenda. 4 Minutes: 04/22/03 ADJOURN TO REGULAR SESSION President Goodin declared that the meeting adjourn to regular session. ANNOUNCEMENT O]~ CLOSED SESSION ACTIONS The Board returned to session at 4:05 p.m. The items listed on the Agenda were discussed in closed session with no reportable action being taken except: With respect to Items #23 - Board authorized execution of Participation Agreement involving the Gibson Superfund Site, but not the Cash-Out Settlement Agreement. With respect to Items #2¢ and #25 - No reportable action. ADJOURN The meeting was adjourned at 4:05 p.m. until the Special Meeting on Tuesday, April 29, 2003. Donald D. Goodin, President Robert E. Martin, Secretary 5 Minutes: 04/22/03 DRAFT SUBJECT TO APPROVAL EAST VALLEY WATER DISTRICT APRH, 29, 2003 SPECIAL BOARD Mt;ETING MINUTES The meeting was called ~:o order at 8:30 a.m. by Vice President Goodin. PRESENT: Directors Wilson, Negrete, Goodin ABSENT: Director Lighffoot, Sturgeon STAFF: Robert Martin, General Manager; Paul Dolter, District Engineer; Brian Tompkins, Chief Financial Officer; Mary Wallace, Administrative Assistant GUEST(s): Jo McAndrews, Gary Miller (Architect) PUBLIC PARTICIPA'rlON There being no writtCm or verbal comments, President Goodin closed the public participation section of lt~e meeting. BOARD WILL BE INSPECTING REAL AND PERSONAL PROPERTIES LOCATED AT THE FOLLOWING LOCATIONS PURSUANT TO GOVERNMENT CODE SECTION 54954(b)(2): a) Western Municipal Water District 450 Alessandro Blvd. Riverside, CA 92508 b) 'Cucamonga County Water District - 10440 Ashford Rancho Cucamonga, CA 91730 Special Meeting Mhautes: 04/29/03 The above designated properties were viewed as noted: a) Western 1~C¢7D was visited first and was completed at approximately 10:30 a.m. b) Cucamonga CWD was the final site on the Agenda and was visited at approximately 11:00 a.m. to 12:00 p.m. The meeting listed on the Agenda took place with no reportable action being taken. Information only. ADJOURN The meeting was adjourned at 12:00 p.m. until the next regularly scheduled Board Meeting on May 13, 2003. Donald D. Goodin, President Robert E. Martin, Secretary 2 Special Meeting Minutes: 04/29/03 CERTIFICATE OF LIEN MAY 13, 2003 ACCOUNT OWNERS PROPERTY AMOUNT NUMBER NAME ADDRESS OWED 1. 0040104-00*+ $257.97 2. 0140190-09'~O~ $63.7! ~D~ 3. 0150235-01 ~ $57'451~ 4. 0210135-04* $67.43 - 5. 0310151-01' $100.52 v 6. 0420062-04* $27.33 ~ 7. 0440014-17' $158.74 ~ 8. 0530258-09+ $402.21J 9. 0610048-03* $71.60 10. 0720234-00 $80.03 ~ 11. 0720271-01 $102.27 ' 12. 0740011-05 $210.94~ 13. 0910382-05* ~ $41.60~ 14. 0930046-01 $181.63 / 15. 0940170-01' $49.41 16. 1010105-03 t~ $33.22 17. 1020112-00* $186.97 18. 1050033-07* $42.78 19. 1053260-01 $20.48 20. 1120120-60'~~ $43.33 21. 1120295-02 $56.47 22. 1140018-00* $61.33 23. 1140047-04+ $65.51 24, 1140084-04+ $77.93 Page 1 of 2 25. ~231313-00 $40.83 26. 1420162-01*~ $93.92 27. 1615005-02 $69,19 28. 1630481-02 $~08.19 TOTAL ~ $2,772.99 * STILL OWNS PROPERTY + MULTIPLE UNITS Page 2 of 2 Board Memorandum Date: May 13, 2003 From: Brian Tompkins, CEO /}..,~ Cfr'- Subject: MetLife Trust Invesl:ments. Recommendation: Pass Resolution No. 2003.22 authorizing staff to sell District owned shares in MetLife. Background: The District offers life insurance to District employees through Metropolitan Life Insurance Company (MetLife). The District is the policyholder while each participating employee is shown as an insured. Prior to April 5, 2000, MetLif,9 was a mutual insurance company, a form of organization wherein the company is owned by policyholders. However, on September 28, 1999, MetLife's board of directors had voted to 'demutualize' MetLife. Demutualization is the process whereby a mutual insurance company becomes a public company, owned by stockholders rather than policyholders. The completion of MetLife's demutualization was marked by an initial public offering of approximately 240 million shares of stock on Apri[ 5, 2000. In addition to the IPO, former policyholders were issued approximately 575 million sh~Lres, of which East Valley Water District received 179 shares. East Valley Water District's shares have been held in an account with Mellon Investor Services in Pittsburgh since April 5, 2000. Existence of the shares was unbeknownst to District management until the District received a dividend check in December 2002. Since December, I have been corresponding with Mellon to find out more about the District owned shares. Of note, I have been told that 1) the shares are in no way tied to the MetLife insurance policy benefiting District employees, and 2) the District is free to do with the shares as it wishes. As the District's investment policy does not list stock issued by public companies as an authorized investment type, it is my recommendation that the board of directors direct staff to liquidate the MetLife shares and place the proceeds in the District's unrestricted reserve. Fiscal Impact: Increase the District's unrestricted reserve by approximately $4,985 (179 shares $27.85) Account Statement - Duplicate 27, 2003 Please see Important information on ot~er elde. Retain this number for fu~re refer~ce: ~V~eyWater DiVot Investor ~ 8064 5268 9873 i 155 Del Rosa Ave. S~B~o, CA 92410~123 RETAIN FOR YOUR RECORDS Amount invested Price Per Shem Shams Acquired Trust Interest Balance Date Transaction Desc.ripUon ($) ($) or Withdrawn Balance Forward 179.0000 As of 02/27/03 Tmstlnh~reslgalance Common Stock Closing Price(S) . Teta[Ma~etVetue($) 179.0000 26.0200 4,657.58 Note: You may pumhase or sell shares in the Trust under the conditions set forth in the Purchase and Sale Program. If your Trust Interest balance is zero (0), your account is closed and you are not eligible to participate]~t~Por:~[:~,~. DUPE (08-02) Use ONLY if a transaction is requested. Unless you wish to initiate a transaction, no action is required. ' PURCHASE INSTRUCTION Change of address: {See reverse side to SELL) & 0 6 4 5 ~ 6 8 9 8 7 3 East Valley Water District MelLon investor Services Make check, in U.S. dollars, payable to: PO Box 382200 MetLife Purchase Program Pittsburgh PA 15250-8200 Amount Enclosed Minimum investment $250.00 (except as described in the purchase and sale brochure) Please envelope window for PURCHASES ONLYI 0000101 102 806452689873 7 RESOLUTION NO. 2003.22 RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT AUTHORIZING LIQUIDATION OF STOCK WHEREAS, the East Valley Water District ("the District") is a County Water District organized and operating pursuant to California Water Code Section 30000 et seq. As such, the District is a public entity subject to the requirements of California Government Code Sections 5921 and 53600 et seq. All of these statutes strictly regulate the type of investments of public funds that may be made by the District. See, e.g., Water Code Section 31303, 31334-31339. VOtEREAS, the District offers life insurance to its employees through the Metropolitan Life Insurance Company ("MetLife"). On April 5, 2000, MetLife completed a demutualization process which resulted in the issuance of 179 shares of MetLife stock to the District. WHEREAS, based upon the legal restrictions identified above, it ~ioes not appear that the District is authorized by law to accept or own stock in MetLife. NOW, THEREFORE, BE IT RESOLVED by the District's Board of Directors as follows:. 1. It is hereby determined that the District shall proceed with the liquidation of its shares of stock in MetLife for the cash value thereof and place said proceeds in the District's unrestricted reserve. 2. The District's General Manager is hereby authorized, directed, and empowered, in the name of the District, to execute and deliver any document or other instrument required for the District to liquidate its shares of stock in MetLife for the cash value thereof and to perform any and al1 other acts deemed necessary to accomplish this objective. ADOPTED this 13th day of May 2003 AYES: NOES: ABSTAIN: ABSENT: Donald D. Goodin, President Board of Directors RESOLUTION NO. 2003.22 Page Two I, Robert E. Martin, Secretary of East Valley Water District, a Water District formed under the laws of the State of California, do hereby certify that the foregoing is a full and con-ect copy of a Resolution of the Board of Directors of said Water District duly and regularly adopted by the Board of Directors in all respects by law on the 13th day of May, 2003, at which meeting a majority of the Board of Directors of sa/d Water District was present and voted in favor of said Resolution. I further certify that said Resolution is still in full force and effect and has not been amended or revoked and that the specimen signatures appearing above are the signatures of the officers authorized to sign for the East Valley Water District by virtue of this resolution. IN WITNESS WHEREOF, I have hereunto set my hand as such Secretary tiffs 13th day of May 2003. ATTEST: Robert E. Martin, General Manager Secretary to the Board of Directors 2 DEVELOPMENT AGREEMENT TH/S AGREEMENT is made this ~,~ day of ]'~?/; [ , ~$, by and between EAST VALLEY WATER DISTRICT, a public agency (hereinafter "the DISTRICT"), and NORTH AMERICAN RESIDENTIAL COMMUNITIES, INC. (hereinafter "the DEVELOPER"). RECITALS A. The DISTRICT is a County Water District organized and operating pursuant to California Water Code Section 30000 et seq. B. The DEVELOPER proposes to subdivide and develop certain real property within the boundaries of the DISTRICT which is located at northwest comer of Bums Avenue and Browning Road, in the City of Highland, County of San Bernardino, State of California, and is generally identified as Tract No. 16389 (hereinafter "the PROPERTY"). A copy of the Tentative Tract Map for the PROPERTY is attached hereto as Exhibit "A" and is incorporated herein by this reference. C. The development of the PROPERTY will consist of $ dwelling units, and the DEVELOPER desires that the DISTRICT provide domestic sewer service to the PROPERTY. The DEVELOPER intends to design and construct the facilities necessary for sewer service to be furnished to the PROPERTY. D. The DISTRICT supplies domestic sewer service within the area to be served and is the public agency empowered by law to provide such services to the PROPERTY. E. The purpose of this AGKEEN[ENT is to provide the terms and conditions under which the DEVELOPER will design and construct the facilities necessary for the DISTRICT to supply sewer service to the PROPERTY (hereinafter "the PROJECT"). COVENANTS NOW THEREFORE, in consideration of the preceding Recitals and the mutual Covenants contained herein, the parties hereto agree as follows: Section I. DESIGN OF FACILITIES. The DEVELOPER agrees to design the sewer facilities for the PROPERTY in the following manner and according to the Rules and Regulations of the DISTRICT: a. The DISTRICT agrees to provide to the DEVELOPER tentative sewer plans which conform to the requirements of the DISTRICT. b. The DEVELOPER agrees to design the sewer facilities for the PROPERTY in accordance with the DISTRICT'S Standards for Design and Processing of Sewer Plans. The designs shall be submitted to the DISTRICT in a complete form which shall provide sufficient information for review and approval by the DISTRICT in the exercise of its sole discretion. c. The DISTRICT may request certain changes in the plans, 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 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 DEVELOPER with authorization to proceed. The DEVELOPER shall not proceed with the construction of the PROJECT and any other sewer facilities for use on the PROPERTY until the DISTRICT so authorizes. Section 2. CONSTRUCTION OF FACILIT~S. The DEVELOPER agrees to construct the PROJECT and all other sewer facilities necessary for the PROPERTY in the following manner subject to the DISTRICT' S approval: a. The DEVELOPER shall obtain all necessary permits from the City of Highland and all other public or private agencies required for the construction thereof. The PROJECT and the facilities appurtenant thereto shall be constructed at a location determined by the DISTRICT, and shall be relocated by the DISTRICT at the DEVELOPER'S sole expense if such relocation is deemed necessary by 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 accordance 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 PROJECT, 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 Sewer Pipelines. All costs and liabilities in connection with the design and construction 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, reports, and/or materials furnished hereunder, ii 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 performed in 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 AGREEMENT 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 applicable connection fees for the PROPERTY at the time of application for sewer service therefor. The DISTRICT will provide 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 environmental 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 be adopted, and shall pay when due any and ail fees, deposits, charges, 4 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 DEVELOPER 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 I00 percent of the estimated construction costs containing covenants which are acceptable to the DISTRICT and the City of Highland. b. The DEVELOPER shall provide a maintenance bond for the PROJECT in the amount of 100 pement of the construction cost, which shall · 1~ 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 AGREEMENT 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. Section 5. COSTS FOR. OVEKSIZING. Pursuant to Section 1 .c. of this AGREEMENT, the DISTRICT agrees to pay to the DEVELOPER the incremental cost of oversizing any PKOJECT facilities greater than ten inches (10") in diameter for sewage collection pipes. The DISTRICT shall determine the amount of the incremental cost of 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 DISTRICT 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 sewer system. The DISTRICT shall not accept dedication of said sewer facilities until all connection fees have been paid unless otherwise allowed under Section 3.a. herein. Section 7. SERVICE RESTRICTIONS. Any obligation on the part of the DISTRICT to provide sewer service to the PROPERTY pursuant to the terms of this AGREEMENT shall be excused in the event that the performance 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 disturbances and other catastrophic events which are beyond the reasonable control the DISTRICT. Notwithstanding any other provision to the contrary, the DISTRICT may suspect or refuse sewer 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 the DISTRICT'S customers, or for any other reason deemed paramount by the DISTRICT in its sole discretion. Section 8. LIABILITY 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, 6 directors, shareholders, ~uests, invkees, 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 PROJECT, and/or the DEVELOPEK'S obligations hereunder. Section 9. KELEASB. The DEVELOPEK 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 DEVELOPBK, 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 of the executed release which if known by him or her must have materially affected his or her settlement with the debtor." expressly waives and relinquishes all rights and benefits afforded to the DEVELOPEK 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 AGREEMENT 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 significance 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 10. HOLD HARMLESS. 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, /~ssignees, 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 after 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 the 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 present and future federal, state, and local laws (whether under common law, statute, rule, 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 11. NOTICES. Any notice, tender, or delivery to be given hereunder by either party to the other shall be 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 If to the DEVELOPER: North American Residential Communities, Inc. 326 W. Arrow Hwy. San Dimas, CA 91773 Attn: Stan Stringfellow Section 12. 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 party in the arbitration shall be entitled to reimbursement of its attorneys fees and other costs incurred in connection therewith. Section 13. 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 6ther costs actually incurred in connection with reaching a resolution of the dispute whether o~: 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 14. INUREMENT. This AGREEMENT and all provisions hereof shall be jointly 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 15. ASSIGNMENT. This AGREEMENT may not be assigned to any individual or entity without the written consent of the parties hereto. Section 16. INTEGRATION AND AMENDMENT. This AGREEMENT constitutes the entire understanding of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements, whether oral or written, between the parties in connection therewith. This AGREEMENT may not be amended unless in writing and signed by the parties hereto. Section 17. 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 18. INTERPRETATION AND ENFORCEMENT. This AGREEMENT shall not be construed against the party preparing it, but shall be construed as if both parties jointly prepared this AGREEMENT and any uncertainty 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 of the same or any other terms or conditions herein. This AGREEMENT shall be enforced and governed 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 AGREEMENT shall be in a state or federal court located in the State of California that would generally have in rem jurisdiction over the PROPERTY. Section 19. SEVERABILITY. If any portion of this AGREEIV[ENT is declared by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions of this AGREEIvlENT shall continue in full force and effect. 10 Section 20. TIME OF THE ESSENCE. Time is of the essence in this AGREEMENT, and the parties hereto agree to proceed in good faith, with due diligence, to complete all covenants and conditions set forth herein and to perform such further acts as is reasonably necessary to effectuate the purpose of this AGREEMENT. Section 21. AUTHORITY. 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 hereof. Il 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 Donald D. Goodin,President, Board of Directors ATTEST: East Valley Water District Secretary, Robert E. Martin ~~ DEVELOPER: By: ~! ~ . ~, . .~ [nam(j ~"/'~,0 ~'~w't~ ~1{~ [title] ~z~ 12 EXHIBIT "A" [Site Plan for the PROPERTY] ,:,.'.: 'BASELINE ST. THOMAS BROS, DEVELOPMENT AGREEMENT THIS AGREEMENT is made this ~-dayof ~ft'[ ,~.,q, by and between EAST VALLEY WATER DISTRICT, a public agency (hereinafter "the DISTRICT"), and NORTH AMERICAN RESIDENTIAL COMMUNITIES, INC. (hereinafter "the DEVELOPER"). RECITALS A. The DISTRICT is a County Water District organized and operating pursuant to California Water Code Section 30000 et seq. B. The DEVELOPER proposes to subdivide and develop certain real property within the boundaries of the DISTRICT which is located at west side of Browning, east of Tiara (APN 1200-561-01, in the City of Highland, County of San Bernardino, State of California, and is generally identified as Tract No. 14419 (hereinafter "the PROPERTY"). A copy of the Tentative Tract Map for the PROPERTY is attached hereto as Exhibit "A" and is incorporated herein by this reference. C. The development of the PROPERTY will consist of 13 dwelling units, and the DEVELOPER desires that the DISTRICT provide domestic water and sewer service to the PROPERTY. The DEVELOPER intends to design and construct the facilities necessary for water and sewer service to be furnished to the PROPERTY. D. The DISTRICT supplies domestic water and sewer service wkhin the area to be served and is the public agency empowered by law to provide such services to the PROPERTY. E. The purpose of this AGREEMENT is to provide the terms and conditions under which the DEVELOPER will design and construct the facilities necessary for the DISTRICT to supply water and sewer service to the PROPERTY (hereinafter "the PROJECT"). COVENANTS NOW THEREFORE, in consideration of the preceding Recitals and the mutual Covenants contained herein, the parties 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 DISTRICT: 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 DISTRICT 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 AGREE1VIENT, 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 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. CONSTRUCTION OF FACILITJES. The DEVELOPER agrees to construct the PROJECT and all other water and sewer facilities necessary for the PROPERTY in the following manner subject to the DISTRICT's approval: a. The DEVELOPER shall obtain all necessary permits from the City of Highland and all other public or private agencies requked for the construction thereof. The PROJECT and the facilities appurtenant thereto shall be constructed at a location determined by the DISTRICT, and shall be relocated by the DISTRICT at the DEVELOPER's sole expense if such relocation is deemed necessary by 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 accordance 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 PROJECT, 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 - construction 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, reports, 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 performed in 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 AGREEMENT 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 PKOPERTY 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 PKOPEKTY for which payment in full has been made to the DISTRICT. b. The DEVELOPEK 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 PKOJECT, including all costs, fees, and expenses incurred for the environmental analysis, engineering, and design of the PROJECT. c. The DEVELOPER shall comply with ail rules, regulations, resolutions, and ordinances of the DISTRICT that are currently in place or may hereafter be 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 DEVELOPER 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 I00 percent of the estimated construction costs containing covenants which are acceptable to the DISTRICT and the City of Highland. 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 AGREEMENT 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. Section 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 of 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 DISTRICT 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 all 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 AGREEMENT shall be excused in the event that the performance 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 disturbances and other catastrophic events which are beyond the reasonable control of the DISTRICT. Notwithstanding any other provision to the contrary, the DISTRICT may suspend or refuse water service to the PROPERTY if the DEVELOPER is in breach, default, or violation of this AGREEIVIENT 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 the DISTRICT's customers, or for any other reason deemed paramount by the DISTRICT in its sole discretion. Section 8. NO REPRESENTATIONS, WARRANTIES, OR 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 ten, as of this AGREEMENT, or the manner in which the water is provided, or its fitness for any particular purpose, and the DISTRICT 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 sustained after the water furnished hereunder is transferred to the PROJECT facilities. Any water conveyed by the DISTRICT under tkis AGREEMENT shall not serve as the basis of, or otherwise support, any water rights claim that may be asserted by the DEVELOPER. Section 9. LIABILITY 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 PROJECT, and/or the DEVELOPER's obligations hereunder. Section 10. RELEASE. 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 t6 claims which the creditor did not know or suspect to exist in his or her favor at the time of the executed release which if known by him or her must have materially 'affected his or her settlement with the debtor." 7 expressly waives and relinquishes 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 AGREEMENT 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 significance 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. HOLD HARMLESS. 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 after 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 anti disbursements of legal counsel, expert witnesses, and accountants), and all foreseeable and unforeseeable consequential damages which might arise or be asserted against the 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, rule, 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 fi.om time to time. Section 12..NOTICES. Any notice, tender, or delivery to be given hereunder by either party to the other shall be 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 If to the DEVELOPER: North American Residential Communities, Inc. 326 W. Arrow Hwy. San Dimas, CA 91773 Attn: Stan Stringfellow 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 equall~y; however, the prevailing party 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. INUREIX~NT. This AGREEMENT and ail provisions hereof shall be jointly 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 AIVlF~NDMENT. This AGP,.EEMENT constitutes the entire understanding of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements, whether oral or written, between the parties in connection therewith. This AGREEMENT 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. INTERPRETATION AND ENFORCEMENT. This AGREEMENT shall not be construed against the party preparing it, but shall be construed as if both parties jointly prepared this AGREEMENT and any uncertainty 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 of the same or any other terms or conditions herein. This AGREEMENT shall be enforced and governed 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 AGREEMENT 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..SEVERABILITY. If any portion of this AGREEMENT is declared by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions of this AGREEMENT shall continue in full force and effect. Section 21. TIME OF THE ESSENCE. Time is of the essence in this AGREEMENT, and the parties hereto agree to proceed in good faith, with due diligence, to complete all covenants and conditions set forth herein and to perform such further acts as is reasonably necessary to effectuate the purpose of this AGREEMENT. Section 22. AUTHORITY. 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 hereof. 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 Donald D. Goodin,President, Board of Directors ATTEST: East Valley Water District secretary, Robert E. Martin By: ,(Developer) (autl~'ofizedsignat~) ~t~ ~Prl,,,ti,'~ lGo ~r~tdt.o tr 12 E~HIBIT "A" ' [Tentative Tract Map for the PROPERTY] 13 ~ F~. ", ~ ~o E ARROYO ,- I~ / '-. ~'~}' ~"::~'7,~ ':~ :~'.~'~'~ ~SITE LOCATION :'~ ~:.~.:~:~~;~,,."~, BASE ~" ~ ~,:=,~ :~::.,~5:. kiNE: ..,.~ ',.~,~-..'.. .~' I ,~ ~e~ : . ':.".}~' ' :. ' ~<=~:';. ~ ~ I Not to ~t =Ill ~ ~t ~' : ' · ' '~t:' .....:~ g~'a~ ':~ VIOlNITY ~ No. 1 4 4 1 ~ LOCATION: Approximately 365ft. north of Burns Avenue between Tiara Ave. and Browning Road East Va ° ey Water District v Board Memorandum Date: MAY 13, 2003 From: Brian W. Tompkins / Chief Finan~er d_~/' Subject: Disbursements. Recommendation: Approve the attached list of accounts payable checks and payroll issued during the period April 23, 2003 through May 9, 2003. Background: Accounts payable checks are shown on the attached listing and include numbers 192962 to 193226 for A total of $1,834,062.47. The source of funds for this amount is as follows: COP Construction Funds $ 80,102.76 EPA Grant Funds $ 307,826.00 Unrestricted Funds $1,446,133.71 Payroll disbursed was for the period ended April 25, 2003 and May 9,2003 and included checks and direct deposits, Totaling $84,683.07 and $86,785.39, Grand Total $171,468.46. Fiscal Impact: Total disbursements- $.2,005,530.93. ~ ooggoooo~ ~ ~ ~o ~& oooooo ~° ooogg ~ dd dddddddd oo o o g 9 99 99° ° 9009 0 0 0 0 0 0 0 °° q~ . . ..... oo~oooo ~ ~ · o o o o o o o o o o-- Z Z _ ~ o o o o o o o o ~ ~ o o ~ o o o o o o o o w ~ ~ w w w o ~ 0 w ay I, 2o03 office memo To: Steve Santini From: Norm Terry subj: sewer Lateral Failure at Cc: Bob Martin, Paul Dolter, Brian Tomklns On April 30TM, Ig Seifert asked me to respond concerning a sewer lateral' failure and repair. The sewer lateral was broken on the topside of the 4" clay. The District has a water main and gate valve directly over the sewer lateral at the broken or collapsed point. The gate valve is approximately 6" to 8" above the lateral. The backfill material between the lateral and the gate valve was concrete pieces of rocks, asphalt pieces and rubber gloves. The customer says the home has not been occupied for at least five years so he doesn't know how long the problem has existed. NT/Ih Ph(~tos enCle~e~ THE LAW OFFICES OF JACOBSON & ASSOCIATES f'P/? $ 0 A PROFESSIONAL CORPORATION 3580 Wilshire Boulevard Suite 1600 Telephone (213) 383-0500 Los Angeles, California 90010 Tele¢opier (213) 380-0901 e-mail: jacobs onlaw @ prodigy.net Of counsel Rick W. Manthei April 28, 2003 VIA FAX TO (909) 889-5732 & CERTIFIED MAIL-RETURN RECEIPT REQUESTED EAST VALLEY WATER DISTRICT 1155 Del Rosa Avenue San Bernardino, California 92410 Re: Our Client : BETTY SWEET Date of Loss : April 29, 2002 Location : East side of Tippecanoe Avenue 1 block before 9th St., City of Highland, CA Dear Sir or Madam: Please be advised that this office has been retained to represent the interest of the above named client for injuries and damages arising out of the above referenced accident. Enclosed is the original Application for Acceptance' of Late Governmental Tort Claim, Claim for Damages Form and a copy of the same. Kindly conform the copy and forward back to our office in the self-addressed stamped envelope herein also included for your convenience. We would appreciate it if you would confirm coverage by mail and advise us of the name of the adjuster handling this claim. You are directed not to communicate with our client. Please direct all future communication to the undersigned. We will provide items of special damages as they become available. Your courtesy and cooperation in this matter would be appreciated. Very truly yours, JACOBSON & ASSOCIATES JAJ/jh Encls.: Designation Form & Claim for Damages Form THE LAW OFFICES OF JACOBSON & ASSOCIATES A PROFESSIONAL CORPORATION 3580 Wilshire Boulevard Suite 1600 Telephone (213) 383-0500 Los Angeles, California 90010 Telecopier (213) 380-0901 e-mail: j acobsonlaw @ prodigy, net Of counsel Rick W. Manthei APPLICATION FOR ACCEPTANCE OF LATE GOVERNMENTAL TORT CLAIM APPLICATION ASSERTED BY: BETTY SWEET, 1186 1/2 Rialto Avenue, San Bernardino, CA 92410; D.O.B.: 03/25/55; Social Security No. 543-74-9142; I.D. No.: N6956461. THIS APPLICATION IS BEING ASSERTED AGAINST: East Valley Water District. M3,11,1NG ADDRESS OF APPLICANTS: Care of Applicant's Attorney, Jacobson & Associates, 3580 WilsMre Boulevard, Suite 1600, Los Angeles, California 90010; (213) 383-0500. ALL COMMUNICATIONS REGARDING THIS APPLICATION SHOULD BE SUBMITTED TO: Jacobson & Associates at the above stated address and phone number. Request is respectfully made that the Applicant not be contacted directly by anyone on behalf of any of the entities and/or individuals against whom this claim is made. Applicant, Betty Sweet, hereby applies for late claira relief on the following grounds: 1. Applicant filed original claims with the City of San Bernardino and the City of Highland. Conformed copies herein attached. 2. On September 26, 2002, The City of San Bernardino sent a letter indicating that the incident took place with-in'the City limits of Highland and not the City of San Bernardino. 3. The City of Highland rejected the claim November 12, 2002 (copy attached). JACOBSON & ASSOCIATES Professional Corporation April 28, 2003 Page 2 4. Our office has tried to get confu-mation from Carl Warren & Company to confirm if the City of Highland covers the incident location but no response as of yet. 5. There is absolutely no prejudice to the East Valley Water District by this delay of only several months. A proposed copy of the Governmental Tort Claim is submitted concurrently with this application· Dated: April 28, 2003 Respectfully submitted, JACOBSON & ASSOCIATES ' · ,'.' THE LAW O.FFICES OF ' JACOBSON & ASSOCIATES : A PRoFESSIoNAL CORP~,R~kT-ICt~I Suite 1600 Telephone {213) 383-0500 L~s Angeles, C~ifomi~0~ ~ .... ,~Telecopie; (213) J8o-0901 e-m~l: jacobsonlaw ~ pP6~igy, ne~ Of Counsel ~ck W. Man~ei GO~~ TORT CL~ CLAIM ASSERTED BY: Betty Sweet, 1179 Rialto Avenue, San Beruardino, cA 92410; DOB: 03-25-55: Social Security No.: 543-74-9142, CA Drivers License No.: N6956461. THIS CLAIM IS BEING ASSERTED AGAINST: The City of San Bernardino, California MAILING ADDRESS OF APPLICANTS: Care of Applic.ant's. Attorney, Sacobson & Associates, 3580 Wilshire Boulevard, Suite 1600, Los Angeles, California 90010; (213) 383-0500. ALL COMMUNICATIONS REGARDING THIS APPLICATION SHOULD BE SUBMITTED TO: Jacobson & Associates at the above stated address and phone number. Request is respectfully made that the Applicant not be contacted directly by anyone on behalf of any of ~e entities and/or individuals against whom this claim is made. Claimant specifically reserves the right to amend, modify, Supplement, or adjust any aspect of this claim based upon further investigation and/or discovery, which is to date nowhere near completion. Claimant will submit theories which appear available based upon present investigation and discovery. All theories and bases of this claim are asserted in an abundance of caution in order to preserve and/or/to protect the right of claimant's herein to pursue the injuries and damages of a cl~imant. Without in any way admitting that this claim is inadequate, Claimant requests that the entities upon whom said claim is made, immediately notify the claimant's counsel of any alleged inadequacies of the claim. If no such inadequacies are suggested, Claimant will take the position that the claim is accurate and adequate in all particulars. · '' ]'X'C O'B S o'N '&::A S. S O C I AT:ES d Profex.~lona'l Corporation SePtember 23, 2002 Page 2 Nothing in this claim should be interpreted to foreclOse or limit claimant's rights to pursue non-public entities and/or individuals for their damages. DATE~ TIME AND LOCATION: On April 29, 2002, at approximately 10:30 a.m., On Tippecanoe Avenue 1 block before 9z Street, in the San Bernardin0, California. DESCRIPTION OF INCIDENT: This accident oCCurred as claimant was walking N/B along side of Tippecanoe Street when she slipped on some debris, lost her balance and fell into water drain and broke her left ankle. (Please see attached six (6) photographs of the scene of the accident.) PARTICULAR ACT OR OMISSION CAUSED THE INJURY OR DAMAGE: The City of San Bernardino so negligently Owned, managed, maintained, controlled, and inspected the property in question as to allow the street surface to remain in an unsafe and defective state. The defectiVe and dangerous conditions of the sidewalk were known or should have been known to City of San Bernardino in an adequate time for a reasonably prudent person to make safely, or in the alternative, to warn and protect the claimant from the conditions and the resulting injuries. Due to this accideni claimant herein suffered severe personal injuries, including but not limited to a fracture to her left ankle which required emergency surgery and ongoing treamaent and therapy. (Attached please find a copy of the ambulance service bill). The medical specials are being obtained and upon receipt of the same they will be forwarded for your consideration. AMOUNT OF CLAIM: The amount of this claim is undetermined at this point since claimant is still undergoing medical treatment. The Surisdiction over the claim would rest in the Superior Court. CAVEATS AND RESERVATIONS 1. If any portion of the above claim is considered to be inadequate by the entities upon whom it is served, request is hereby made that the undersigned, on behalf of the claimant, be immediately notified. Any failure to so advise will be considered by claimant as a waiver and/or relinquishment of any alleged claim of a defect in the claim itself. Please note that claimant fully JACOBSON & ASSOCIATES A Professional Corporation September 23, 2002 Page 3 believes she has more than adequately complied with all the claim requirements, and accordingly, This statement should not be constructed or interpreted as any type Of admission or acknowledgment that this claim is in any way defective. 2. Claimant is submitting this claim solely in an abundance of caution and to protect her rights, in the event it does in fact turn out that the individuals and entities against whom this claim is asserted were in fact acting in the course and a scope of duties with the governmental entities. Respectfully submitted, DATED: September 23, 2002 JACOBSON & ASSOCIATES JERRY A. JACOBSON, ESQ. Attorney for Claimant, Betty Sweet ~ :.' THE LAW OFFICES OF · ;. JACOBSON & ASSOCIATES A PROFESSIONAL CORPORATION 3580 Wilshire Boulevard Suite 1600 Telephone (213) 383-0500 Los Angeles, California 90010 Telecopier (213) 380-0901 e-mail: j acobsonlaw @ prodigy.net Of counsel Rick W. Manthei NOTIFICATION OF ATTORNEY EMPLOYMENT AND RETAINER This will certify that I/We ~ 2~ have retained the services of a law firm of JACOBSON & ASSOCIATES, A Professional Corporation, located at 3580 wilshire Boulevard, Suite 1600, Los Angeles, California 90010, to ~epresent me/us in reference to my/our accident that occurred oil ~[/(~!t~ DATE: (PRINT NAME) (SIGNATURE) DATE: (PRE~T NAME) (SIGNATURE) DATE: (PRINT NAME) (SIGNATURE) DATE: (PRINT NAME) (SIGNATURE) AMERICAN MEDICAL RESPONSE IE INLAND EMPIRE P O BOX 30250 LOS ANGELES, CA 90030-981.7,. , :: . . STAT~MF-NT DATE 'i PAY THIS AMOUNT ACCT. # :"." '." · ' ': ~' ' 0~/08/02 ' "713.60. B1180637 V800.42:4-61~'1 . '. .. ...... . ' ' ' ' ' ~!" ~HOWAMOUNT .. ~AID HERE $ ...... AUTO*'3-DIGIT 923 3DG AMERICAN MEDICAL RESPONSE IE B 1180637 BE~P¢ SWEET INLAND EMPIRE 1179 W RIALTO AVE P O BOX 30250 SAN BERNARDINO, CA. 92410-2350 LOS ANGELES, CA 90030-9817 II,l,,,.hhh,h.,lllh,.,I,h,lh,hhlh,,hh,hh,,Ih,I INVOICE PROVIDER NUMBER IRS NUMBER BILL DATE TICKET NUMBER INSURANCE I,D, ZZZ89604Z 95-2223085 05/08/02 B 1180637 543749142 PATIENT NAME PAY SOURCE SOCIAL SECURITY # 'YOU R PAYMENT IS BETTY SWEET PRIVATE PORTION 543-74-9142 NOW DUE DATE DESCRIPTION QTY CHARGE pAy/ADJ AMOUI' 04/29~2 ALS EMERGENCY ALL INCLUSIVE 1 687.50 687.5 MILEAGE URBAN 2 · 26.10 ,26.1 SERVICE FROM - SERVICE TO · AMBULANCE SERVICE FROM N TIPPECANOE AV TO ST BERNARADINES HOSP FOR SERVICE PERFORMED BY: AMERICAN.MEDICAL RESPONSE IE INLAND EMPIRE II pLEASE PAY THIS AMOUNT P O BOX 30250l[ 713.60 LOS ANGELES, CA 90030-9817 IMPORTANT MESSAGE PLEASE COMPLETE THE APPROPRIATE INSURANCE INFORMATION PLEASE CONTACT OUR OFFICE ON THE REVERSE SIDE OF THIS FORM. SEND THE COMPLETED FORM ALONG WITH A COPY OF YOUR INSURANCE CARD BACK TO FOR PAYMENT ARRANGEMENTS. TO THE BILLING OFFICE. IN0508003291 JACOBSON & ~SO~AT~ 0 CT ~ 200j · A PROEESSION~ coRPO~TION 3580 ~lshirc Boulevard CITY 0F HIGH~D CITY CLERK Suit~ i6~ Telephone (213) 383-05~ ~s Angeles, ~lifomia 90010 Tei~copier (213) 380-0901 e-mail: jacobsonlaw~prodigy, net Of c~unsel Rick W. M~thci October 23, 2002 ATTN: Betty Hutchins, City Clerk . Via Certified Mail-Return Receipt Requested CITY OF HIGHLAND 27215 Bas~line Highland, California 92346 Re: Our Client : BETTY SWEET Date of Loss : April 29, 2002 Location' : N/B on the' east side of Tippecanoe Avenue, 1 block before 9t~ Street, San Bernardino~ California Dear Sir or Madam: Please be advised that this office has been retained to represent the interest of the above named clients for injuries and damages arising out of the above referenced accident. Enclosed is the original Claim for Damages Form and a copy of the same. Kindly conform the copy and forward back to our office in the self-addressed stamped envelope herein also included for your convenience. We would appre, ciate it if you would confirm coverage by mail and advise us of the name of the adjuster handling this claim. You axe directed not to communicate with our clients. Please direct all future communication to the undersigned. We will provide items of special damages as they become available. Your courtesy and cooperation in this matter would be appreciated. Very truly yours, JACOBSON & ASSOCIATES J~Attorney atma~ JAJ/jh Encls.: Designation Form & Claim for Damages Form :',.', THE LAW OFvICES OF JACOBSON & ASSOCIATES A PROEESSIONAL CORPORATION - ' 3580 Wilshire Boulevard Suite 1600 Telephone (213) 383-0500 Los AngeleS, California 90010 Telecopier (213) 380-0901 e-mail: jacobsonlaw @ prodigy.net Of counsel Rick W. Martthei GOVERNMENTAL TORT CLAIM CLAIM ASSERTED BY: Betty Sweet, 1179 Rialto Avenue, San Bernardino, CA 92410; DOB: 03-25-55; Social Security No. 543-74-9142, CA Drivers License No.: N6956461. TIHS CLAIM IS BEING ASSERTED AGAINST: City of Highland, California. MAILING ADDRESS OF APPLICANTS_.' Care of Applicant's Attorney, Jacobson & Associates, 3580 Wilshire Boulevard, Suite 1600, Los Angeles, 'California 90010; (213) 383-0500. ALL COMMUNICATIONS REGARDING THIS APPLICATION. SHOULD BE SUBMITTED TO: Jacobson & Associates at the above stated address and phone number. Request is respectfully made that the Applicant not.be contacted directly by anyone on behalf of any of the entities and/or individuals against whom this claim is made. Claimant specifically reserves the right to amend, modify, supplement, or adjust any aspect of this claim based upon further investigation and/or discovery, Which is to date nowhere near completion. Claimant will submit theories which appear available based upon present investigation and discovery. All theories and bases of this claim are asserted in an abundance of caution in order to preserve and or/to protect the right of claimant's herein to pursue the injuries and damages of claimant. Without in any w~y admitting that this claim is inadequate, Claimant requests that the entities upon whom said claim is made, immediately notify the claimant's counsel of any alleged inadequacies of the claim. If no such inadequacies are suggested, Claimant will take the position that the claim is accurate and adequate in all particulars. iACOBSON & ASSOCIATES A Professional Corporation October 24, 2002 Page 2 Nothing in this claim should be interpreted to foreclose or limit claimant's rights to pursue non-public entities and/or individuals for their damages. DATE, TIME AND LOCATION: On April 29, 2002, at approximately 10:30 a.m, on the east side of Tippecanoe Avenue 1 block before 9th Street, in the City of Highland, California. (Attached please find a copy of the City of San Bernardino's letter dated September 26, 2002, regarding their investigation of the location of the incident along with their photographs.) DESCRIPTION OF INCIDENT: This incident occurred as claimant was walking N/B along the east side of Tippecanoe Street when she slipped on some debris, lost her balance and fell into water drain and broke her left ankle. (Please see attached six (6) photographs of the scene of the accident.) WHAT PARTICULAR ACT OR OMISSION CAUSED THE INJURY OR DAMAGE: The City of Highland so negligently owned, managed, maintained, controlled, and inspected the property in question as to allow the street surface to remain in an unsafe and defective state. The defective and dangerous conditions of the sidewalk were known or should have been known to the City of Highland in an adequate time for a reasonably prudent person to make safely, or in the alternative, to warn and protect the claimant from the conditions and the resulting injuries. INJURIES: Due to this accident claimant herein suffered severe personal injuries, including but not limited to a fracture to her left ankle which required emergency surgery and ongoing treatment and therapy. (Attached please f'md a copy of the ambulance service bill). The medical specials are being obtained and upon receipt of the same they will be forwarded for your consideration. AMOUNT OF CLAIM: The amount of this claim is undetermined at this point since claimant is still undergoing medical treatment. The lurisdiction over the claim would rest in the Superior Court. JACOBSON & ASSOCIATES A Professional Corporation October 24, 2002 Page 3 CAVEATS AND RESERVATIONS 1. If any portion of the above claim is considered to be inadequate by the entities upon whom it is served, request is hereby made that the undersigned, on behalf of the claimant, be immediately notified. Any failure to so advise will be considered by claimant as a waiver and/or relinquishment of any alleged claim of defect in the claim itself. Please note that claimant fully believes he has more than adequately complied with all the claim requirements, and accordingly, this statement should not be constructed or interpreted as any type of admission or acknowledgement that this claim is in any way defective. 2. Claimant is submitting this claim solely in an abundance of caution and to protect her rights, in the event it does in fact turn out that the individuals and entities against whom this claim is asserted were in fact acting in the course and a scope of duties with the governmental entities. Respectfully submitted, DATED: October 24, 2002 SACOBSON & ASSOCIATES Attorney ~ Claimant, Betty Sweet THE LAW OFFICES OF "...' JACOBSON & ASSOCIATES A PROFESSIONAL CORPORATION 3580 Wilshire Boulevard Suite 1600 ~ Telephone (213)'383-0500 Los Angeles, California 90010 Telecopier (213) 380-0901 e-mail: jacobsonlaw @prodigy.net Of counsel Rick W. Manthei NOTIFICATION OF ATTORNEY EMPLOYMENT AND RETAINER This will certify that I/We have retained the services of a law firm of JACOBSON & ASSOCIATES-, A Professional Corporation, located at 3580 wilshire Boulevard, Suite 1600, Los Angeles, California 90010, to 7epr~sent me/us in reference to my/our accident that occurred on /'-Pl~[~ (PRINT NAME) DATE: (PRINT NAME) (SIGNATURE) DATE: (PRINT NAME) (SIGNATURE) DATE: (PRINT NAME) (SIGNATURE) DATE: (PRINT NAME) (SIGNATURE) AMERICAN MEDICAL RESPONSE IE INLAND EMPIRE P O BOX 30250 LOS ANGELES, CA 90030-981~ STATEMENT DATE PAYTHISAMOUNT ACCT. ~ ...... ~ :~" '~" 0~/08/02 713.60 B1'180637 800-42~6171 [,,.PAID HERE $ Ir~ ' ,..~ ..... AUTO**3-DIGIT 923 3DG B1180637 AMERICAN MEDICAL RESPONSE B~l t¥ SWEET INLAND EMPIRE 1179 W RIALTO AVE P O BOX 30250 SAN BERNARDINO, CA. 92410-2350 LOS ANGELES, CA 90030-9817 I1,1,,,,I,I,1,,I,,,1111,,,,,I,1,,11,,I,1,11,,,I,1,,I,1,,,11,,I INVOICE PROVIDER NUMBER IRS NUMBER BILL DATE TICKET NUMBER INSURANCE I.D. ZZZ89604Z 95-2223085 ' 05/08/02 Bl180637 543749142 PATIENT NAME PAY SOURCE SOCIAL SECURITY # YOUR PAYMENT IS BETTY SWEET PRIVATE PORTION 543-74-9142 NOW DUE DATE DESCRIPTION " QTY CHARGE PAY/ADJ AMOUN' 04/29/02 ALS EMERGENCY ALL INCLUSIVE 1 687.50 687.50 MILFJ~GE URBAN 2 26.10 ' 26.10 SERVICE FROM - SERVICE TO - AMBULANCE SERVICE FROM N TIPPECANOE AV TO ST BERNARADINES HOSP FOR SERVICE PERFORMED BY: AMERICAN.MEDICAL RESPONSE IE INLAND EMPIRE PLEASE PAY THIS AMOUNT II P O BOX 30250 713.60 V LOS ANGELES, CA 90030-9817 I IMPORTANT MESSAGE 11 PLEASE COMPLETE THE APPROPRIATE INSURANCE INFORMATION PLEASE CONTACT OUR OFFICEI ON THE REVERSE SIDE OF THIS FORM. SEND THE COMPLETED FORM ALONG WITH A COPY OF YOUR INSURANCE CARD BACK TO FOR PAYMENT ARRANGEMENTS. TO THE BILLING OFFICE. HUMAN RESOURCES DEPARTMENT E~WARD RAYA - 300 No, fa "D" S~re~ · Ssa Be~aa~dino · CA 924~8-000! 909384.5161 · Fax: 909.384.5397 www.ci.san-be~aardino.ca.us September 26, 2002 Law Offices of Jacobsen & Associates 3580 Wilshire Boulevard, Suite 1600 Los 'Angeles, CA 90010 Attn: Mr. Jerry A. Jacobsen, Attorney at Law Re: Your Client: Betty Sweet Date of Loss: April 29, 2002 Claim No: 020280.00 Location: In front of 7729 Tippecanoe City of Highland Dear Attorney Jacobsen: Your claim presented upon behalf of your client, Betty Sweet, has been investigated. With the help of the photo's you enclosed with your claim, we were able to locate the area where your client fell. Enclosed are six (6) photo's taken of the water drain, which is located in fi'ont of 7729 Tippecanoe and near the Intersection with Vine Street. We have further determined that the location where your client fell is with-in the City limits of Highland and not the City of San Bemardino. Based on the above investigation we must regretfully reject your clients claim and our formal Rejection Notice is enclosed. If you have any questions, please contact Risk Management at (909) 384-5308. I~ Claims Adjuster MJA/bw Enclosure: Rejection Notice 12qSUIa. F_.D: CP" ,ff~ B¢mardino. CA ( ------ %.. HUMAN RF~OURCES DEPARTMENT EDWARD RA~ - Dm~a 3~ N~th "D" S~t · San B~dino · CA 92418-~01 909.~4.5161 · F~: 909.384.5397 311 September 26, 2002 Law Offices of Jacobson & Associates 3580 Wilshire Boulevard, Suite 1600 Los Angeles, CA 90010 Attau: Mr. Jen-y A. Jacobson, Attorney at Law Re: Your Client: Betty Sweet Date of Loss: April 29, 2002 Claim No: 020280.00 Location: In front of 7729 Tippecanoe City of Highland Dear Attorney Jacobson: Your claim preseuted upon behalf of your client, Betty Sweet, has been investigated. With the help of the photo's you enclosed with your claim, we were able to locate the area where your client fell. Enclosed are six (6) photo's taken of the water drain, which is located in front of 7729 Tippecanoe and near the Intersection with Vine Street. We have further determined that the location where your client fell is with-in the City limits of Highland and not the City of San Bernardino. Based on the above investigation we must regretfially reject your clienta clrAm and our formal Rejection Notice is enclosed. If you have any questions, please contact Risk Management at (909) 384-5308. ster MJA/bw Enclosure: Rejection Notice November 13, 2002 Mr. Jerry A. Jacobson, Esq. Jacobson & Associates 3580 Wilshire Boulevard, Suite 1600 Los Angeles, CA 90010 Re: Claim against the City of Highland 27215 Base Line Claimant: Betty Sweet Highland. CA 92346 Date of Incident: April 29, 2002 (909) 864-6861 FAX (909)862-3180 Our File No.: N29889MD www.ci.highland.ca.us City Council Dear Mr. Jacobson: Mayor Notice is hereby given that the Claim which you presented to the City clerk of Larry Brown the City of Highland on October 28, 2002, was rejected in accordance with Mayor Pro-Tern John R Tirnmer Government code 913, on November 12, 2002, by the City Council of the City Ray Rucker, Jr. of Highland. John R. Starbuck ~rad Sundquist WARNING City Manager Subject to certain exceptions, you have only six (6) months from the date this samu. Racadio notice was personally delivered or deposited in the mail to file a court action in a municipal or superior court of the State of California on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. Sincerely, cc: Sam O. Racadio, City Manager Peg Battersby, City Attorney Mike DeFilippo, Carl Warren & Co. Joe Hughes, Assistant City Manager/Risk Manager VIA CERTIFIED & REGULAR MAIL C:~IyFi[es\WPDATA\CLAIM S~sweet REJ.wpd THE LAW OFFICES OF JACOBSON & ASSOCIATES A PROFESSIONAL CORPORATION 3580 Wilshire Boulevard Suite 1600 Telephone (213) 383-0500 Los Angeles, California 90010 Telecopier (213) 380-0901 e-mail: jacobsonlaw @ prodigy.net Of counsel Rick W. Manthei GOVERNMENTAL TORT CLAIM CLAIM ASSERTED BY: BETTY SWEET, 1186 % R/alto Avenue, San Bernardino, CA 92410; DOB: 03-25-55; Social Security 543-74-9142. THIS CLAIM IS BEING ASSERTED AGAINST: East Valley Water District. MAILING ADDRESS OF APPLICANTS: Care of Applicant's Attorney, Jacobson & Associates, 3580 Wilshke Boulevard, Suite 1600, Los Angeles, California 90010; (213) 383-0500. ALL COMMUNICATIONS REGARDING THIS APPLICATION SHOULD BE SUBMITTED TO: Jacobson & Associates at the above stated address and phone number. Request is respectfully made that the Applicant not be contacted directly by anyone on behalf of any of the entities and/or individuals against whom this claim is made. Claimant specifically reserves the right to amend, modify, supplement, or adjust any aspect of this claim based upon further investigation and/or discovery, which is to date nowhere near completion. Claimant will submit theories which appear available based upon present investigation and discovery. All theories and bases of this claim are asserted in an abundance of caution in order to preserve and or/to protect the right of claimant's herein to pursue the injuries and damages of claimant. Without in any way admitting that this claim is inadequate, Claimant requests that the entities upon whom said claim is made, immediately notify the claimant's counsel of any alleged inadequacies of the claim. If no such inadequacies are suggested, Claimant will take the position that the claim is accurate and adequate in all particulars. JACOBSON & ASSOCIATES A Professional Corporation April 28, 2003 Page 2 Nothing in this claim should be interpreted to foreclose or limit claimant's rights to pursue non-public entities and/or individuals for their damages. DATE, TIME AND LOCATION: On April 29, 2002, at approximately 10:30 a.m., on the east side of Tippecanoe Avenue 1 block before 9t~ Street, in the City of Highland, California. (Attached please find a copy of the City of San Bernardino's letter dated September 26, 2002, regarding their investigation of the location of the incident along with their photographs.) DESCRIPTION OF INCIDENT: This incident occurred as claimant was walking N/B along the east side of Tippecanoe Street when she slipped on some debris, lost her balance and fell into water drain and broke her left ankle. (Please see attached six (6) photographs of the scene of the accident.) WHAT PARTICULAR ACT OR OMISSION CAUSED THE INJURY OR DAMAGE: The East Valley Water District so negligently owned, managed, maintained, controlled, and inspected the property in question as to allow the sidewalk and water drain to remain in an unsafe and defective state. This defective and dangerous conditions was known or should have been known to East Valley Water District in an adequate time for a reasonably prudent person to make safe, or in the alternative, to warn and protect the claimant from the conditions and the resulting injuries. INJURIES: Due to this accident claimant herein sustained injuries to a fractured left ankle. Because of her injuries claimant received emergency treatment. Claimant has undergone medical treatment and physical therapy. The medical specials are being obtained and upon receipt of the same they will be forwarded for your consideration. AMOUNT OF CLAIM: The amount of this claim is undetermined at this point since claimant is still undergoing medical treatment. The Jurisdiction over the claim would rest in the Superior Court. JACOBSON & ASSOCIATES A Professional Corporation April 28, 2003 Page 3 CAVEATS AND RESERVATIONS 1. If any portion of the above claim is considered to be inadequate by the entities upon whom it is served, request is hereby made that the undersigned, on behalf of the claimant, be immediately notified. Any failure to so advise will be considered by claimant as a waiver and/or relinquishment of any alleged claim of defect in the claim itseff. Please note that claimant fully believes he has more than adequately complied with all the claim requirements, and accordingly, this statement should not be constructed or interpreted as any type of admission or acknowledgement that this claim is in any way defective. 2. Claimant is submitting this claim solely in an abundance of caution and to protect her rights, in the event it does in fact turn out that the individuals and entities against whom this claim is asserted were in fact acting in the course and a scope of duties with the governmental entities. Respectfully submitted, DATED: April 28, 2003 JACOBSON & ASSOCIATES BETTY SWEET .,. THE LAW OFFICES OF' '~ JACOBSON & ASSOCIATES A PROFESSIONAL CORPORATION 3580 Wilshire Boulevard . Suite 1600 Telephone (213) 383~0500 Los Angeles, California 90010 Telecopier (213) 380-0901 e-mail: jacobsonlaw @ prodigy.net Of counsel Rick W. Manthei NOTIFICATION OF ATTORNEY EMPLOYMENT AND RETAINER This will certify that I/We have retained the services of a law firm of JACOBSOI~ & ASSOCIATES, A Professional Corporation, located at 3580 Wilshire ~oulevard, , to represent me/us in Suite 1600 Los Angeles, California 90010, reference to my~our accident that occurred on ~l~/~· ~IGNATURE) DATE: (pR]2qT NAME) (SIGNATURE) DATE: (PRINT NAIViE) (SIGNATURE) DATE: (PRINT NAME) (SIGNATURE) DATE: (PRINT NAME) (SIGNATURE) THE LAW OFFICES OF JACOBSON & ASSOCIATES CO[~x~7 A PROFESSIONAL CORPORATION 3580 Wilshire Boulevaxd Suite 1600 Telephone (213) 383-0500 Los Angeles, California 90010 Telecopier (213) 380-0901 e-mail: jacobsonlaw @prodigy. net Of couns~l Rick W. IManthei APPLICATION FOR ACCEPTANCE OF L}kTE GOVERNMENTAL TORT CLAIM APPLICATION ASSERTED BY: BETTY SWEET, 1186 1/2 Rialto Avenue, San Bernardino, CA 92410;, D.O.B.: 03/25/55; Social Security No. 543-74-9142; I.D. No.: N6956461. THIS APPLICATION IS BEING ASSERTED AGAINST: East Valley Water District. MAILING ADDRESS OF APPLICANTS: Care of Applicant's Attorney, Jacobson & Associates, 3580 Wilshire Boulevard, Suite 1600, Los Angeles, California 90010; (213) 383-0500. ALL COMMUNICATIONS REGARDING THIS APPLICATION SHOULD BE SUBMITTED TO: Jacobson & Associates at the above stated address and phone number. Request is respectfully made that the Applicant not be contacted directly by anyone on behalf of any of the entities and/or individuals against whom this claim is made. Applicant, Betty Sweet, hereby applies for late claim relief on the following grounds: 1. Applicant filed original claims with the City of San Bernardino and the city of Highland. Conformed copies herein attached. 2. On September 26, 2002, The City of San Bernardino sent a letter indicating that the incident took place with-in'the City limits of Highland and not the City of San Bernardino. 3. The City of Highland rejected the claim November 12, 2002 (copy attached). /ACOBSON & ASSOCIATES Professional Corporation April 28, 2003 Page 2 4. Our office has tried to get confirmation from Carl Warren & Company to confirm if the City of Highland covers the incident location but no response as of yet. 5. There is absolutely no prejudice to the East Valley Water District by this delay of only several months. A proposed copy of the Governmental Tort Claim is submitted concurrently With this application. Dated: April 28, 2003 Respectfully submitted, JACOBSON & ASSOCIATES J~~. O.B ~ON, ESQ. · LAW O CES i A'PROFE$siONAL CORF~'~S , .' : ' ' ' Su~te 1600 ' ' ' ~ Telephone (213) 383-0500 e_m~l: jacobsonlaw ~pkbaigy:~e~~0s Angeles, C~ifomi~0~ ~ ~j l:Telecopie~]5 (2 i3) 380;090i Of counsel Rick W. Man~ei GOVERNMENTAL TORT CLAIM CLAIM ASSERTED BY: Betty Sweet, 1179 Rialto Avenue, San Bernsxdino, CA 92410; DOB: 03-25-55: Social Security No.: 543-74-9142, CA Drivers License No.: N6956461. TIHS CLAIM IS BEING ASSERTED AGAINST: The City of San Bernardino, California MAILING ADDRESS OF APPLICANTS: Care of Applicant's Attorney, lacobson & Associates, 3580 Wilshire Boulevard, Suite 1600, Los Angeles, California 90010; (213) 383-0500. ALL COMMUNICATIONS REGARDING THIS APPLICATION SHOULD BE SUBMITTED TO: Sacobson & Associates at the above stated address and phone number. Request is respectfully made that the Applicant not be contacted directly by anyone on behalf of any of the entities and/or individuals against whom this claim is made. Claimant specifically reserves the right to amend, modify, Supplement, or adjust any aspect of this claim based upon further investigation and/or discovery, which is to date nowhere near completion. Claimant will submit theories which appear available based upon present investigation and discovery. All theories and bases of this claim are asserted in an abundance of caution in order to preserve and/or/to protect the right of claimant's herein to pursue the injuries and damages of a clah-nant. Without in any way admitting that this claim is inadequate, Claimant requests that the entities upon whom said claim is made, immediately notify the claimant's coungel of any alleged inadequacies of the claim. If no such inadequacies are suggested, Claimant will take the position that the claim is accurate and adequate in all particulars. TI-I~ LAW OFFICES OF : :~ JACOBSON & ASSOCIATES 0 A PROFESSIONAL CORPORATION CITY OF HIGHLAND 3580 Vqilshire Boulevard CITY CLERK Suite 1600 Telephone (213) 383-0500 Los Angeles, California 90010 Telecopier (213) 380-0901 e-maih jacobsonlaw @prodigy. net Of counsel Rick W. Manthel October 23, 2002 ATTN: Betty Hutchins, City Clerk . Via Certified Mail-Return Receipt Requested CITY OF HIGHLAND 27215 Baseline Highland, California 92346 Re: Our Client : BETTY SWEET Date of Loss : April 29, 2002 Location : N/B on the east side of Tippecanoe Avenue, I block before 9~ Street, San Bernardino, California Dear Sir or Madam: Please be advised that this office has been retained to represent the interest of the above named clients for injuries and damages arising out of the above referenced accident. Enclosed is the original Claim for Damages Form and a copy of the same. Kindly conform the copy and forward back to our office in the self-addressed stamped envelope herein also included for your convenience. We would appreciate it if you would confirm coverage by mail and advise us of the name of the adjuster handling this claim. You ale directed not to communicate with our clients. Please direct all future communication to the undersigned. We will provide items of special damages as they become available. Your courtesy and cooperation in this matter would be appreciated. Very truly yours, JACOBSON & ASSOCIATES JAJ/jh Ends.: Designation Form & Claim for Damages Form ]~I.)~IAN RESOURCES DEPARTMENT 3,~ North "D" S~cet · S~ B~dino · CA 9241g-0001 909.384.5161 · Fax: 909.384.53~ September 26, 2002 Law Oifices of Jacobson & Associates 3580 Wilshire Boulevard, Suite 1600 Los Angeles, CA 90010 Attn: Mr. Jerry A. $acobson, Attorney at Law Re: Your Client: Betty Sweet Date of Loss: April 29, 2002 Claim No: 020280.00 Location: In front of 7729 Tippecanoe City of Highland Dear Attorney Jacobson: Your claim presented upon behalf of your client, Betty Sweet, has been investigated. With the help of the photo's you enclosed with your claim, we were able to locate the area where your client fell. Enclosed are six (6) photo's taken of the water drain, which is located in front of 7729 Tippecanoe and near the Intersection with Vine Street. We have further determined that the location where your client fell is w/th-in the City limits of Highland and not the City of San Bemardino. Based on the above investigation we must regretfully reject your clients claim and our formal Rejection Notice is enclosed. If you have any questions, please contact Risk Management at (909) 384-5308. Andres, RPA t Claims Adjuster MJA/bw Enclosure: Rejection Notice INSURED: ~ of San Bcma~ino. ~A City '" .ovem er13, 2002 I--IIG X 87 Mr. Jerry A. Jacobson, Esq. Jacobson & Associates 3580 Wilshire Boulevard, Suite 1600 Los Angeles, CA 90010 Re: Claim against the City of Highland 27215 Base Line Claimant: Betty Sweet High[and, CA 92346 Date of Incident: April 29, 2002 (909) 864-6861 FAX (909)862-3180 Our File No.: N29889MD www.cLhighland.ca,us City Council Dear Mr. Jacobson: Mayor Notice is hereby given that the Claim which you presented to the City Clerk of Larry Brown the City of Highland on October 28, 2002, was rejected in accordance with Mayor Pro-Tern John R Timrner Government Code 913, on November 12, 2002, by the City Council of the City Ray Rucker, Jr. of Highland. John R, Starbuck Brad Sundquist WARNING city Manager Subject to certain exceptions, you have only six (6) months from the date this sam J. Racadio notice was personally delivered or deposited in the mail to file a court action in a municipal or superior court of the State of California on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. Sincerely, cc: Sam J. Racadio, City Manager Peg Battersby, City Attorney Mike DeFilippo, Carl Warren & Co. Joe Hughes, Assistant City Manager/Risk Manager ViA CERTIFIED & REGULAR MAIL C:~IyFiles\WPDATA\CLAIMS~sweet REJ.wpd Tim LAW OF ASSOCIATES JACOBSON & : : A PROFESSIONAL CORPORATION 3580 Wilshire Boulevard Suite 1600 ~ Telel~hone (213) 383-0500 Los Angeles, California 90010 Telecopier (213) 380-0901 e-mail: j acobsonlaw @ prodigy, net Of counsel GOVERNMENTAL TORT cLAEV[. Rick W. Manthei CLAIM ASSERTED BY~ .BETTY SWEET, 1186 1/2 Rialto Avenue, San Bemardino, CA 92410; DOB: 03-25~55; Social Security 543-74-9142. THIS CLAIM IS BEING ASSERTED AGAINST: East Valley Water District. MAILING ADDRESS OF APPLICANTS: Care of Applicant's Attorney, Jacobson & Associates, 3580 Wilshire Boulevard, Suite 1600, Los Angeles, California 90010; (213) 383-0500. ALL COMMUNICATIONS REGARDING THIS APPLICATION SHOULD BE SUBMITTED TO: Jacobson & Associates at the above stated address and phone number. Request is respectfully made that the Applicant not be contacted directly by anyone on behalf of any of the entities and/or individuals against whom this claim is made. Claimant specifically reserves the right to amend, modify, supplement, or adjust any aspect of this claim based upon further investigation and/or discovery, which is to date nowhere near completion. Claimant will submit theories which appear available based upon present investigation and discovery. All theories and bases of this claira are asserted in an abundance of caution in order to preserve and or/to protect the right of claimant's herein to pursue the injuries and damages of claimant. Without in any way admitting that this claim is inadequate, Claimant requests that the entities upon whom said claim is made, immediately notify the claimant's counsel of any alleged inadequacies of the claim. If no such inadequacies are suggested, Claimant will take the position that the claim is accurate and adequate in all particulars. JACOBSON &ASSOCIATES ' A professional Corporation April 28, 2003 Page 2 Nothing in this claim should be interpreted to foreclose or limit claimant's rights to pursue non-public entities and/or individuals for their damages. DATE, TIME AND LOCATION: On April 29, 2002, at approximately 10:30 a.m., on the east side of Tippecanoe Avenue 1 block before 9m Street, in the City of Highland, California. (Attached please i'md a copy of the City of San Bernardino's letter dated September 26, 2002, regarding their investigation of the location of the incident along with their photographs.) DESCRIPTION OF INCIDENT:... This incident occurred as claimant was walking N/B along the east side of Tippecanoe Street when she slipped on some debris, lost her balance and fell into water drain and broke her left ankle. (Please see attached six (6) photographs of the scene of the accident.) WHAT PARTICULAR ACT OR OMISSION CAUSED THE INJURY OR DAMAGE: The East Valley Water District so negligently owned, managed, maintained, controlled, and inspected the property in question as to allow the sidewalk and water drain to remain in an unsafe and defective state. This defective and dangerous conditions was known or should have been known to East Valley Water District in an adequate time for a reasonably prudent person to make safe, or in the alternative, to warn and protect the claimant from the conditions and the resulting injuries. Due to this accident claimant herein sustained injuries to a fractured left ankle. Because of her injuries claimant received emergency treatment. Claimant has undergone medical treatment and physical therapy. The medical specials are being obtained and upon receipt of the same they will be forwarded for your consideration. AMOUNT OF CLAIM: The amount of this claim is undetermined at this point since claimant is still undergoing medical treatment. The Jurisdiction over the claim would rest in the Superior Court. JACOBSON & ASSOCIATES A Professional Corporation April 28, 2003 Page 3 CAVEATS AND RESERVATIONS 1. If any portion of the above claim is considered to be inadequate by the entities upon whom it is served, request is hereby made that the undersigned, on behalf of the claimant, be immediately notified. Any failure to so advise will be considered by claimant as a waiver and/or relinquishment of any alleged claim of defect in the claim itself. Please note that claimant fully believes he has more than adequately complied With all the claim requirements, and accordingly, this statement should not be constructed or interpreted as any type of admission or acknowledgement that this claim is in any way defective. 2. Claimant is submitting this clahn solely in an abundance of caution and to protect her rights, in the event it does in fact turn out that the individuals and entities against whom this claim is asserted were in fact acting in the course and a scope of duties with the governmental entities. Respectfully submitted, DATED: April 28, 2003 JACOBSON & ASSOCIATES BETTY SWEET ,, . THE LAW OFFICES OF : : ~ JACOBSON & ASSOCIATES A PROFESSIONAL CORPORATION 3580 Wilshire Boulevard Suite 1600 Telephone (213) 383-0500 Los Angeles, California 90010 Tele¢opier (213) 380-0901 e-mail: j acobsonlaw @ prodigy.net Of counsel Rick W. Manthei NOTIFICATION OF ATTORNEY EMPLOYMENT AND RETAINER have retained the services of a law firm of JACOBSON & ASSOCIATES, A Professional Corporation, located at 3580 Wilshire ~oulevard, , to .represent me/us in Suite 1600 Los Angeles, California 90010, reference to my/our accident that occurred on (PRINT NAME) DATE: (PRINT NAME) (SIGNATURE) DATE: (PRINT NAME) (SIGNATURE) DATE: (PRINT NAME) (SIGNATURE) DATE: (PRAT NAME) (SIGNATURE) o ~x ~ o g g ~ ~ g g g g O× ~ g § g g g g g g ~ 0 Z ~ m ~ ~ m Z ~ o × Z ~ 0 ~ ~ ~ 0 zzzz~zz ~z zz ~ ~z ~o~O o~ z w z ~ 0 ~0-- ~ m~ 0 oooo o oo o oo ~° Z m mP oo~oo ° ° zzzzz z~z z zzz z ~ ~ d~o~ z~ d~ ~ o ooooo>o~o**~o <ooo~g~ EAST VALLEY WATER DiSTRiCT DIRECTOR'S FEES AND EXPENSE REPORT DIRECTOR: ~./q/(T'F(~."I" MONTH OF: ~'~ard Meetings: ~onferences and Other Meetin.qs Date:/¢-/'~ - ~ Organization ~(¢f:OA / ~,glc. Description Date: ///~7 Organization U~Jn,'. ,df' Z,4 Y'g',~'~,~ Description Date: ~z/~4'~ Organization ~_-/,/'~,/~ Descri)tion Date: Organization Descri )tion Date: Organization Descri )tion Date: Organization Descri ~tion Date: Organization Descri 3tion Date: Organization Descri 3tion Date: Organization Description Date: Organization Description ~ Date: Organizatk~n Description Date: Organization Description Date: Organization Description Date: Organization Description Date: Organization Description TOTAL # OF MEETINGS ~ @125.00 each__ Personal Auto: 5-Z, Miles x- .32,5 , ~4 per mile Parking Fees Tote Lod.qin.qs, Meals & Other: (Details on Back) Total Director's Expenses (/?,,~//¢¢/ ,~,~z Total Director's Meetings & Expenses $ ~ 72, ~b- ~ned Less any Advance Payments. Date of Board Approval TOTAL DUE DIRECTOR _L_odq nqs (Receipts attached) Date: Function Attended $ ~ Date: F~nction Attended Date: Function Attended $, Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended $. Date: Function Attended $. Date: Function Attended $. SUB TOTAL $, Meals: (Receipts attached) Date:. ~¢/~' Function Attended 4 (~f.,'JA /I,,4.¢.F ~Z~F~£~l~& $ Date: Function Attended Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Date: Function Attended .__ $. Date: Function Attended $. Date:. Function Attended $. Date: Function Attended $. Date: Function Attended $, SUB TOTAL $ Other: (Receipts attached) Date: Function Attended $. Date: Function Attended $. Date: Function Attended $. SUB TOTAL $ TOTAL LODGINGS, MEALS AND OTHER $__ (Enter this total on the front of form) EAST VALLEY WATER DISTRICT DIRECTOR'S FEE AND EXPENSES REPORT DIRECTOR: DON GOODIN MONTH April~ 2003 Meetinqs Claimed: Board Meetin.qs (Dates) 8,22 Conferences and Other Meetin,qs Date: 2 Organization: PA 620 Law Location: CSUSB Date: 4 Organization: SBACC Brulte Breakfast Location: Hilton Hotel, SB Date: 9 Organization: PA620 Law Location: CSUSB Date: 16 Organization: Lunch With Negrete Location: Tartan restaurant Date: 17 Organization: Univ of Laveme Lunch Location: City of Industry Date: 21 Organization: Special Districts Location: Hespeda Date: 23 Organization: PA 620 Law Location: OSUSB Date: 29 Organization: Hq Building Tours Location: Wester Muni & CC County TOTAL MEETINGS 10 X$125.00= $ 1,250.00 Personal Auto Date: Function: Date: Function: Total $ Lod.qin,q Date: Function: Date: Function: Total $ Meals (Receipts) Date: 21 Function: Special Districts $ 28.00 Date: Function: Total $ 28.00 Other Date: Function: Date: Function: Total $ Total Directors Expenses $ 28.00 Total Directors Fees (Meetings) $ 1,250.00 Less Advance Payments TOTAL DUE DIRECTOR $ 1,278.00 Signed .~,~A .,( Approved Date of Board Meeting Ma)/13, 2003 EAST VALLEY WATER DISTRICT "-" DIRECTOR'S FEES AND EXPENSE REPORT DIRECTOR: Sturgeon MONTH OF; April 2003 Chard Meetings: 04/08 and 04/22 ~"~nferences and Other Meetings Date: 04/03. Organization CSDA Description Sacramento Date: 04/02 Organization CSDA Description Sacramento Date: 04/07 Organization S]3'v'MWD Description San Date: 04/08 Organization c±ty of ~±ghland Description Counc±:L Heet±ng 04 / 16 EAC Meeting Date: Organization Description 04 / 16 LAFCO Meeting Date'. Organization Description Date: 04/17 Organization u~.v Description Luncheon Date: 04/21 Orggnization SBVMWD Description Meeting Date: 04/23. Organization spec±al D±str±cts Description ]:)inner Date: 04/22 Organization city of ~±gn3.and Description Counc±l Meeting ~ Date: 04/24 Organization SB C of C Description M±×er Date: 04/3o Organization EAC Description Neet±n9' Date: Organization Description Date: Organization Description Date: Organization Description TOTAL # OF MEETINGS zo @125.00 each $ 3.,250.00 Personal Auto: Miles x .325 per mile $ Parking Fees $ Total Lodqin.qs, Meals & Other: (Details on Back) $ 1,195.39 Total Director's Expenses ~ $_ 1,195.39 Total Director's Meetings & E..x.p~'nses $ 2,445.39 ~,qed Less any Advance Payments $ Date of Board Approval __t~ay 13 , 2003 TOTAL DUE DIRECTOR $ 2,445.39 DIRECTOR'S FEES AND EXPENSE REPORT DIRECTOR: /~ :/~,~,~ MONTH OF: qoard Meetings: ~/~ ~ ~0nferences and Other Meetings Date: ~/~ Organization .~ ,.~ fi Description 5Ru~c Date: g/2c Organization ~ ~ ¢ o Description ~¢ ¢ Date: ~/¢q Organization ew,~ Description ~.¢. ¢ Date: ~/~o Organization ~ Y~¢ Description ~P3 ~/ Date: Organization Description Date:, Organization, Description Date: ,Organization Description Date: ,Organization Description. ~ Date: Organization Description Date:. .Organization Description Date:. .Organization ,. Description Date: Organization. Description Date: Organization Description TOTAL ¢ OF MEETINGS / ~ r'~125'00 each Personal Auto: Miles x .~, ~ per mi~e Parking Fees Total Lodqi~s, Meals & Other: (Details on Back). Total Director's Expenses Total Director's Meetings & Expenses _ / Less any Advance Payments ~ll~igned / ,, . Date of Board Approval TOTAL, DUE BIRECTOR EAST VALLEY WATER DISTRICT ,~ 1 DIRECTOR'S FEES AND EXPENSE REPORT /.~ DIRECTOR: /l/(~::~ ~-"/'/'~(~'/'~-"~ MONTH OF: Conferences and Other Meetinqs Date: /~ Organization ~,~/~ ~,'~ Description ~ ~ Date: 2 ~ Organization ~,'~- ~~Description ~~- Date: /~ Organization ~d.(' ,~ ~ Description Date:2~/} Organization ~' ~, Description Date: ~¢~ Or~an,zatio. ~ ¢ ~O Doscdpt,on Dato: Organization Description Dato: Organization Descdption Dato: Or~amzation ~oscription Dato: Organization Doscdption Date:. Or~amzation Doscription ~ ~ate: Oroanization Description Date: Organization Doscdption Dato: Organization ~escription ~ate: Organization Doscdption Date: Organization ~oscription TOTAL ~ OF MEETINGS ~125.00 each PersonalAuto: ~ /%¢-- ~4 Milesx .365 permile / Parking Fees Total LodqinRs, Meals & Other: (Details on Back) Total Director's Expenses Total Director's Meetings & Expenses ~gned Less any Advance Payments Date of Board Approval TOTAL DUE DIRECTOR Lod,qin.qs: (Receipts attached) Date: Function Attended $. Date: Function Attended $. Date: Function Attended $. Date: Function Attended $. Date: Function Attended $. Date: Function Attended $. Date: Function Attended $. Date: Function Attended $. Date: Function Attended $. Date: Function Attended $. /~_UB TOTAL $. Meal__s: (Receipts attached) Date: ,,,¢/~'2/~ Function Attended .,. ,~::~.~,~-,¢ ~¢?/~-----~ __ Date: Function Attended // $. / Date: Function Attended $. Date: Function Attended $. Date: Function Attended $. Date: Function Attended $. Date: Function Attended $. Date: Function Attended $. Date: Function Attended $. Date: Function Attended $. Other: (Receipts attached) Date: Function Attended $. Date: Function Attended $. Date: Function Attended $. SUB TOTAL $. TOTAL LODGINGS, MEALS AND OTHER $ /~, (Enter this total on the front of form) NAY 2 - · 3~3 EAST CANAL ORl~ ~OST OF~I0~ BOX 949 TURLOCK, CALIFORNIA 95381 Apdl 30, 2003 (mom) 8S3-83~ ~t. ~obe~ ~ East Valley ~ PO Box 3427 S~ Bemard~o, CA 92413 De~ ~. M~: ~s le~er is to request yo~ s~ppoa for Randy Fio~i in the upco~ng electioa process for ACWA Vi~ President. Randy has se~ed on ~e T~lock ~gation Dist~ct Board of Dkectors s~ce he was fi~t elected in 1992. His professional approach to solv~g complex waer indus~ problems has been ~ impo~t p~ of the success of ~e ~s~ct. His leaders~p s~lls Mve helped ~ide dis~ct policy and ~ven clear dkection to ~ s~ff which has enabI~ them to do their jobs effectively. It is ~at ~d of leade~p that would be a ~eat benefit to ACWA. Yo~ will not fred a more qu~ified or dedicated ~dividual than Randy to se~e as ACWA Vice President. His dep~ of underst~ng of a wide range of water isaes, from ope~tio~ to ~e policy side of tM indast~, has e~ed ~m the respect of leaders t~oa~out C~ifo~a. Dudng ~s professional c~eer R~dy has held leadership positions on m~y org~tions ~d associations ~at would be a dkect benefit to ACWA. ~ addition to ~s responsibilides as T~ President, R~dy is ~e c~ent cha~an of the ACWA Federal Affairs Com~Ree ~d has been ~ active ACWA board member s~ce 1997. He is on the bo~d ~d is past president of~e C~fo~a F~ Water Coalition. ~ addition, Ra=dy se~es as a Co~issioner and is past president of~e San Joaqu~ ~wr Group Aa~o~ty. ~ ~ese capacities ~ndy has demo~tmted ~s ability to ad,ess wide-r~ng water issues affecting all s~keholders ~ a fair ~d b~ced m~er. ~dy s bread~ of ~owledge ~d experience goes f~ beyond Cahfomm s water mdust~, Dying h~m a deep appreciation ~d understand~g of many co--unity and econo~c issues. As a success~l f~er ~ Sta~slaus and Merced counties, R~dy e~ed naionwide accla~ as one of fo~ U~ted States Ja~ees Outst~ding Young F~ers ~ 1986. He has held leaders~p positions on a v~e~ of ~dust~-related boar~ and co~ees, ~clud~g the C~ifo~a Cling Peach Ad~so~ Board; ~e United Staes A~cul~ Tec~cal Advisou Co~ttee for the Trade of Fruits ~d Vegetables; Faith Home Teen Ranch; Hope Unlisted, ~temational; ~an~el Medical Center ~d others. His selfless a~imde towed co--unity se~ice Ms been demonstrated by his p~icipation ~ these orga~zations. You would never ~ow by spea~ng to ~ how much t~e he has ~ven in the se~ice of others, but those who haw benefited ~om ~s involvement w~l never forget it. We believe tMt ACWA needs leaders like t~ who have demons~ted s~lls and a dedication toward ~pro~ng ~e org~zatio~ in which they se~e. We urge that you request your board to adopt a resolution suppoaing ~ndy Fio~i for the office of ACWA Vice ~esident. Your sappo~ is ~po~ant to assure his nominatioa and election dung the upcoming election cycle. ~cluded is a sample resolution for you to consider. Ifyo~ a~ee and make the decision to join other water leaders throughout California who are supporting Randy, please send the adopted resolution to: Association of California Water Agencies 910 K Street, Suite 100 Sacramento, CA 95814-3532 Attn: 2003 Nominating Committee In addition, please send a copy of your resolution to: Randy Fiorini 15348 Lombardy Turlock, CA 95380 Thank you for your consideration of this request. We are confident that Randy's leadership skills and wide support in the water industry will help ACWA remain as the preeminent water organization in California. If you have any questions, please feel free to contact any of us at your convenience. Sincerely, Mr. Phillip Short Mr. Homer Lundberg Vice President, Turlock ID/ACWA Past President President, Western Canal Water District Mr. Gary A. Broomell Ms. Adrienne Jo Matthews President, Valley Center Water District Vice President, Kern County Water Agency Ms. Joan Finnegan Mr. Mark McKean President, Municipal Water District Director, Kings River Conservation District of Orange County Mr. Howard Frick President, Arvin-Edison Water Storage District Mr. Glen Peterson Director, Lost Virgines MWD /~ ~/~.4~ DirectOr,of SouthernMetr°p°litancA Water Dist Mr. Gene Harris PastPresident, Richvale Irrigation Districff ACWA President ,~J~ ~- (-~ Mr. Fred I. Starrh ~ ~'~. ~o, [~ Director, Kern County Water Agency Mr. Stanley Lester President, California Farm Water Coalition RESOLUTION ,NO. 2003.23 A RESOLUTION OF TI-W, BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT PLACING IN NOMINATION RANDY FIORINI AS VICE PRESIDENT FOR THE ASSOCIATION OF CALIFORNIA WATER AGENCIES BE IT RESOLVED BY THE BOARD OF DIRECTORS OF EAST VALLEY WATER DISTRICT AS FOLLOWS: A. Recitals (i) The Board of Directors (Board) of the East Valley Water District (EVWD) does encourage and support participation in the affairs of the Association of California Water Agencies (ACWA). (ii) Randy Fiorini is currently serving as a Governing Board Member of the Turlock Irrigation District. (iii) Mr. Fiorini has been actively involved in the affairs of the Association of California Water Agencies throughout his tenure, presently serving as Chairman of the Federal Affairs Committee and member of the Association of Califomia Water Agencies Board of Directors and previously serving as Vice Chairman and then Chairman of Region 4. (iv) Mr. Fiorird is extremely knowledgeable on matters pertaining to water in California and familiar with the issues facing urban and agricultural water agencies. (v) Randy Fiorini has indicated a desire to serve as Vice President for ACWA. B. Resolves NOW, THEREFORE, BE IT RESOLVED THAT THE BOARD OF DIRECTORS OF EAST VALLEY WATER DISTRICT, (i) Does place its full and unreserved support in the nomination of Randy Fiorini in the upcoming election process for ACWA Vice President. ADOPTED this 13th day of May 2003. Donald D. Goodin, Board President Attest: Robert E. Martin, Board Secretary EVWD RESOLUTION 2003.23 MAY 13, 2003 I, Robert E. Martin, Secretary to the Board of Directors of East Valley Water District, hereby certify that the foregoing Resolution was introduced at a regular meeting of the Board of Directors of said District, held on the 13th day of May 2003, and was adopted at the meeting by the following role call vote: Ayes: Noes: Absent: ATTEST: Robert E. Martin, Secretary to the Board of Directors of East Valley Water District April 17, 2003 General Manager East Valley Water District P.O. Box 3427 San Bemardino, CA 92413 My name is Robert Schultz and I am the Chairperson for Disaster Preparedness for the Redlands High School Parents, Teachers, Students, and Administrators (PTSA). I am writing th/s le~er to request fi-om your company a supply of bottled water for our school. We currently have 150 classrooms on our campus and have been able to secure 80 cases of water thus far. My goal is to place a case of water in each classroom for emergency purposes. As local residents we are aware that East Valley Water Company has a reputation for being generous contributors back to communities, particularly when the donation will be benefiting youth. Please feel free to contact either our President, Gaythrai Rao at 792-2231 or myself at 792-7560 to further discuss this request. My mailing address is 501 Bond Street, Redlands, California 92373, or the school's address is Redlands High School, 840 East Citrus Avenue, Redlands, California 92374. With sincere appreciation for your consideration of this request, Robert Schultz Disaster Preparedness Chairperson Redlancls ,High School PTSA · ' of Th Association e omcEas DIRECTORS DIRK VOSS GERALD W. SMITH ~resident Baldy Mesa Water District East Valley Resource Conservation District HANK STOY EARL TILLMAN Jr. Cucamonga County ~ter Distdct Vice President West Valley ~/~ter District ~ ,,._- DICK FORTYUNE Mojave Water Agency KATHY COCHRAN MARY MURPHY Secretary/Treasurer San Brrnardino County Vi~or Valley Water District . -,J . Ad~ninistrative Secretapj Special Districts April 22, 2003 Dear Regular Member: The ASBCSD Board of Directors will be holding a "Special Election" at the May 19, 2003 Membership Meeting to fill the board vacancy. Because this seat is up for election in November 2003, the person filling this v.acancy will serve for only seven (7) months. For those interested in serving, please submit a letter with a one-page resume. A letter of recommendation must accompany this from your Board stating they will also support their candidate financially allowing him/her to attend all meetings. For your review, following are excerpts from the Bylaws: ARTICLE 111 DIRECTORS SECTION 3. DISQUALIFICATION OF DIRECTORS, VACANCIES: F. if the departing Director has 4-8 months rem~aining in his term, the Nominating Committee would make a nomination (s) and the General Membership would vote at a S pecial Election Meeting called by the Board.of Directors, to serve until the next annual election of Directors. Nominations will be accepted from the floor at the May meeting; however, you must have the letter of recommendation from your Board available at that time. Please submit your nominations prior to the May meeting Mary Murphy Inland Empire Utilities Agency P O Box 697 Rancho Cucamonga, CA 91729 (909) 993-1801 (909) 947-2598 fax E-mail: mmurph¥~ieua.org Thank you! Nominating Committee President Dirk Voss Vice President Earl Tillman Secretary/Treasurer Kathy Coclu:an Director Gerald Smith Director Hank Stoy Director Dick Fortyune MM:hs h' ~pecial districk~\2003~2003 spec a ¢ec ion letter.doc P.O. BOX 697 · RANCHO CUCAMONGA, CA 91729 , (909) 993-1801 · FAX (909) 947-2598 STATE OF CALIFORNIA - THE RESOURCES AGENCY GRAY DAVIS, Governor DEPARTMENT OF WATER RESOURCES {~ 1416 NINTH STREET, P.O. BOX 942836 SACRAMENTO, CA 94236-0001 (916) 653-5791 Mr. Paul Dolter District Engineer East Valley Water District 1155 Del Rosa Avenue San Bernardino, California 92410 Dear Mr. Dolter: The Department of Water Resources of the State of California is requesting a Temporary Entry Permit from you to access your property, identified as Assessor's Parcel Nos. 0297-051-17 and -18 in San Bernardino County, as part of the East Branch Extension, Phase II, Mentone Feeder East Project. The enclosed permit will allow DWR's officers, employees, and agents, as well as persons under contract, to enter your property to conduct ground and aerial surveys, along with engineering, biological, geological, archaeological, floral and faunal studies. If you agree to the terms, conditions, and provisions of the enclosed permit, please sign two copies, provide a telephone number in the space provided, and return in the enclosed envelope. The third copy is for your records. A fully executed permit will be mailed to you later. Your immediate attention and response is requested. If you have any questions regarding the studies or their impact on your property location, please contact Angela Bonfiglio Allen, Environmental Scientist, at (818) 543-4629. For questions regarding the permit language, please call me toll free at 1-800-600-4397. Sincerely, Michael Alien Associate Land Agent Enclosures (,/) Exploration Project Name: East Branch Extension Phase II, (v') Survey Mentone Feeder East, Alternate Route II ( ) Construction Assessor's Parcel Nos.: San Bernardino County: 0297-051-17 and-18 TEMPORARY ENTRY PERMIT The undersigned PERMITTOR hereby grants permission to the Department of Water Resources of the State of California, hereinafter referred to as PERMITTEE, and its officers, employees, agents and contractors, to enter with all necessary equipment upon PERMITTOR's land in the County of San Bernardino, State of California, described as that portion of Assessor's Parcel Nos. 0297-051-17 and -18, and marked on the attached map for the purpose of conducting ground and aedal surveys, engineering, biological, geological, archaeological floral and faunal studies, installation of appurtenances, and for such other incidental purposes as may be required, subject to the following provisions: 1. Reasonable precautions will be exercised to avoid damage and protect persons or property. 2. PERMITTOR assumes no liability for loss or damage to property or injuries to or deaths of agents, contractors or employees of PERMITTEE by reason of the exercise of privileges given under this permit. 3. Nothing in this permit shall preclude PERMITTOR from filing a claim(s) with the State Board of Control for any loss or expense which PERMITTOR or its tenant may suffer caused by or due to exercise by PERMITTEE of the rights granted by this permit. 4. PERMITTEE agrees to indemnity and hold PERMITTOR harmless from any damage caused by PERMITTEE's activities authorized by this permit. PERMITTEE agrees also to either reimburse PERMITTOR for any damage tO PERMITTOR's roads and fences, or other property, occurring by reason of the exercise of rights granted herein, or to replace or restore said property. This permit expires on May 1, 2006~tk~I' PERMITTOR's Name, Address, and Phone No. Recommended for Acceptance: East Valley Water District · 1155 Del Rosa Avenue Michael Allen, Associate Land Agent San Bernardino, California 92410 Phone No. (909) 889-9501 · Allan T. Davis, Senior Land Agent · ACCEPTED: Signature Donald D. Coodtn, Board President Department ofWatarResources of the State of California Date: James P. Schindler, Chief Real Estate Branch Date: CONSENT OF TENANT(S) We, the Tenants of land described in this Temporary Entry Permit are under lease with Lessor, whose name is subscribed to this contract as PERMI'i-I'OR, do hereby consent to the execution of said Temporary Entry Permit and agree that all money payable shall be paid to said PERMITTOR as herein set forth. Date San Bema~lno Cou~ AssessoCs Parcel Nos. 0297-051-~ * * RELEASES OF LIEN APRIL 28,2003 ACCOUNT OWNERS PROPERTY AMOUNT NUMBER NAME ADDRESS OWED 1. 0040023-02 18.6~ 2. 0620056-01 727.67 3, 0720186-07+ 139.11 4. 0730108-07 202.81 5, 0820204-02+ 88.40 6. 1010113-03 47.10 7. 1140013-11+ 59.40 8. 1530307-00 23.38 9. 1542110-05 19.28 10. 1542110-06 750.00 TOTAL 4~ $2,075,78 +PAID THROUGH TAX ROLLS Page 1 of 1 Invites you to attend ~ Legislative Breakfast Featuring Assemblyman John Longville Friday, May 16, 2003 7:30 a.m. Shandin Hills Golf Club 3380 Little Mountain Drive $25 -. includes breakfast Come meet with Assemblyman Longville Hear where he stands on local issues Ask questions Yes, I will attend the Legislative Breakfast - Reserve by May 12th Name Business Name Name Phone Please make. reservations - Enclosed is $ __ Make check payable to: 8an Bernardino Area Chamber of Commerce P O Box 658 San Bernardino, CA 92402 (909) 885-7515 Association of the San Bernardino County Special D~stdcts l~e~e.£ip ~eetin9 San Bernardino Valley Water Conservation District is hosting the May membership meeting at Clara's Restau.~rant in Redlands. The social hour will begin at 6 p!?."w~th a call to o~;der at 6:45 p.m. A sit- down dinner.will be served. }iSii}i~;'~: J ~ ~ ~ ~2range I~aughy ~ggpLan~ ParmJzaJna ~erved Wi'l:h: ~SaLad; '~eg~abl.e Med!~y; P&a~coii,!~.eO~,5.ed: Co'~ee P'rlce: .-" ' ', r'rograrn: ," ? .......................... ~ ..... '.:~ ...... :. ........... ~. .......... ~¼-~ .............. RSVP to Colleen Th~r by,May 12, 2003 Telephone: 909-793225~'::~!FaSr~i' 909-793-0188 1630 W Redlands Blvd,i~edlands, CA 9 373 District/Associate Attendees ":*' '~ Entree REMINDER: There is a S2 surcharge per person for reservations made after the deadline date and coming to the dinner meeting without having made reservations. You wiI1 also be billed for the dinner if cancellation is not received PRIOR to the deadline date. j I g.,.' TALJ I NT IOt ~.~Jc IR~&aml~ ESlvtl Dui~ ~ I~aL~n&, CA 92~7~ N From the west: 10 Fwy to Orange St/CA-38/Downtown exit. Stay straight to go onto West Pearl Ave. Turn south onto Orange St. Turn east onto E Redlands Blvd to 101 East Redlands From the east: 10 Fwy to 6t~ Street/CA-38/Downtown exit. South on 6th Street to E Redlands Blvd to 101 East Redlands. Earn Up to 12 Hours of . · MCLE Credit Including '- One Hour of Ethics Dear CoLleague: These are exciting (and difficult) times for lawyers, consulting biologists and government planners attempting to address the requirements of the Endangered Species Act and California Endangered Species Act. No portion of California is immune from endangered species controversies. Federal critical habitat designations cover Robe~ D. rnornton, Uq. approximately 40% of the State of California. There is an explosion in ESA litigation brought by the environmental and regulated communities resulting in far- reaching court decisions. Large scale Habitat Conservation Plans proposed for many parts of the State are reaching a critical stage. Important New ESA policies and regulations are under consideration by the Bush Administration. We have assembled experts from the Department of the Interior, the U.S. Department of Justice, the California Department of Fish and Game, and the academic, environmental and regulated ThOmas L. Sansonetti, Esq. communities to address these and other ESA and CESA A~sistant Attorney General developments in detail. Whether you are new to ESA/CESA Environment and Natural Resources DivisioniSSUes or are experienced and want to keep up with the latest U.S. DePartment of Justice, Washington D,C. developments, you will find this conference valuable. We hope to see you in San Diego. clec0m Robert D. Thornton Nossaman, ~uthne?, Knox & Elliott, LLP · ' Irvine, California Re§ister ©nline at www. cle.com or Call (800) 873-7130 ~ Conference Schedule Inside The Engangered Species Act 8:30 Registration 9:00 Overview Review of Day One; Overview of Day Two 9:00 Introduction and Welcome Robert P. Thornton, Esq., Program Chair Robert D. Thornton, Esq., Program Chair No$$aman, Guthne~,Knox&EI~iott, LLP, Irv~ne 9:15 Fundamentals of ESA/CESA Permitting Pros and Co~ of Regulatory Compliance Mechanisms; 9:15 Featured Presentation . Use of Secdon 7, Section 2081, HCPsandNCCPs The ESA Lit/gallon Exp[osionmThe J~stice Department Perspective J, Christopher Beale, Esq. Thomas L. Sansonetti, Esq., Resources Law G~up, Sacramento Assistant Attorney General Karen Evans, Assistant Field Supervisor. Environment and Natural Resources Division U.S. Fish and Wildlife Service, Cadsbad U.S. Departmertt of Ju~t~e, Washington D.C. Seen C. Skaggs, Esq. Ebbin, Moser & Skaggs, San Francisco 10:30 Morning Break Michael R. Valentine, Esq., General Counsel 10:45 ESA and CESA Litigation and Regulatory Update California Deplzrmtent offish and Go, ne, Sacramento Perspectives of the Environmental and Regulated Communities 10:45 Morning Break Adam H. Re/in, Esq. 11:00 Water Politics, the ESA and the Nossarrm~, Guthner. Knox & Elltott, LLP. Irvine Working Landscape Andrew E. Wetzler, Esq. Spedal Issue~ Regarding the Application. of the ESA in Rural Areas; Natural Resources Defense Council, Los Angeles RecondI~tg Water Conservation and ESA Requirements; 12:00 Lunch Implications for Urban CaLifornia John R Carter, Esq., General Counsel 1:30 Confronting California's Biodiversity Challenge Imperial Irrigation Distr~ct in an Era of Limited Governmental Resources Horton. Knox. Carter, & Foote. E~ Centre Are ESA/CESA Regulatory Mechanisms Up To The Task? Thomas J. Graft, Esq. Bill Craven, Consultant Environmental Defense, Oakland California Senate Committee on Natural Resources & Wildlife, Dennis Mullins, Esq., General Counsel Sacramento Tejou Ranch Company, Lebec Julie MacDonald, Deputy A~istant Secretary William D. Phil#more, Executive Vice President U.S. Department of the Interior, Washington D.C. Paramount Farming Company, Bakersfield 3:00 Prosecuting and Defending an ESA Case 12:30 Lunch Break Practical Tips For Lawyers anti Clients Everett L. DeLano, III, Esq. 2:00 Current Approaches for Bringing Science Law O~fices of Everett L Delano, III, Escondido tO Bear In ESA Decision-Making Andrew Enrich, Esq. How Do You Obtain and Apply Good Science Counsel to the Assistant Attorney General Daniel B. Botkin, Ph.D., Research Professor, U.S. Department of J~ce, Washington, D.C. Department of Ecology John J. Flynn III, Esq. University of California, Santa Barbara Nossom~n. Guthner, Knox & Eliiott. LLE, Ir~ine Dennis D. Murphy, Ph.D. Chair, NCCP Scientific Review Panel 4:00 Afternoon Break Univer~ty oJNeva~a, Reno 4:15 Update on Critical Habitat Litigation and Policy Patrick Y. O'Brien, Ph.D., Team Leader, The Economic Impact Anslys[s ~quimment; Cd. fical Habitat Ecological Services Definition Issues After Sierra CZub 'z U.S. Fish and Wildlife Service Chevron-Texaco Energy Research & Technology Company, Richmond David C. Smith, Esq., General Counsel 3:30 Afternoon Break Building Industry Association of Southern Cdlifornia, Diamond Bar AndrewE. Wetzler, Esq. 3:45 The Perspective on the Role of Science Natural Resources Defense Council, Los Angeles From the ESA Trenches Robert Do Thornton, Esq., Program Chair Arthur Hemrighausen, Principal LSA Assodates, Irv~ 5:00 Question and Answers--A Panel Presentation Edwin G. Sauls, Principal Members of th~ Faculty The Souls Company, Laguna Beach 5:15 Meet the Faculty and Networking Reception RobertD, Thornton, Esq., Program. Chair 6:30 Adjourn 4:30 Ethics Considerations for Environmental Practitionem Stanley W. Lamport, Esq. Cox, Castle & Nichalson, Los Angeles 5:30 Adjourn The Endangered Species Act °~ 0 Rober~ O. Thornton, Program Chair, authored sad Andrsw Emrich represents the U.S. Fish and Wildlife advocated the adoption of the HCP provisions of Service and other federal agencies in litigation working on ecological issues. He has served on two the ESA in 1982. He has represented public and concerning the F. SA. He is lead counsel to the federal National Academy of Sciences panel dealing with private parties on over two-dozen HCPs. He is agency defendants in litigation concerning State scientific issues relating to the ESA administration. counsel in five pending ESA eases concerning the Route 125 in San Diego. William D, PhBlimore has played a leading role in 'No Surprises' rule, challenges to several critical habitat determinations, and the listing of the Kamn Evans is the ,4ssistant Field Supervisor in the the successful development of the 20,000 acre Buena Vista lake shreva Carisbad Office of the U.S. Fish and Wildlife Service. Kern Water Bank. He led negotiations leading to She represents the Fish and Wildlife Service on a the approval of the precedent-setting Kern Water Thomas L. Sansonetti, Featured Speaker, is the number of the pending habitat conservation planning Bank Habitat Conservation Plan. Assistant Attorney General for the Environment efforts in Southern California. Adam H. Relin negotiates multi-party plans and Natural Resources Division of the U.S. Department of Justice. From 1990-1993 he was John J. Flynn III represents public and private sector and agreements resolving comqicta between Solicitor of the U.S. Department of the Interior clients on a variety of ESA and other complex development projects and conservation of and was counsel to the ESA committee forraed environmental litigation matters, endangered species and habitat sensitive areas. pursuant to the ESA to consider proposed Thomas J. Graft has played a leading role for the Edwin G, Saul$ was the lead consultant for the AD exemptions relating to the northern spotted owl in environmental community on aspects of water policy 161 Subregional HCP and has assisted more than the Pacific Northwest. issues for over 20 years, including the successful 100 business owners vfith regard to conservation J. Christopher Beale advises public agencies fight against the Peripheral Canal in the 1980s. objectives and business operations. and private philanthropies regarding state and Arthur Homrighausen is a biologist and principal of Senn C. Skaggs focuses his practice on the federal laws and programs established to protect LSA Associates. He has advised public and private mnlti-species HCP for the lower Colorado PAver. endangered species, wetlands and other natural parties on dozens of endangered species regalatory Previously, he was counsel to the Assistant resources, matters. Secretary for Fish, W'ddlife and Parks of the Department of the Interior during tha Clinton Daniel B. Botkin la President of the Center for Stanley W. Lamport focuses his practice on Administration. the Study of the Environment, a non-profit development law and land use, real estate litigation corporation that provides independent, science- and consulting, and legal ethics. He is a member of David C. Smith is General Counsel for the Building based analyses of complex environmental issues, the Select Conference on Industry Litigation. industry Legal Defense Foundation and the BIA of Southern California ("BIA/SC"). In his present John R Carter, Chief Counsel to the Imperial Julie MacDonald is Deputy to the Assistant Secretary capacity, he concentrates on ESA policy and Irrigation District (liD), advises lid on ali public for Fish, v~rlldlife and Parks of the Depamment of the implementation issues. agency, water and environmental law matters. Interior. She has played a leading role in policy issues Bill Craven is a consultant with the California involving implementation of ESA and the CESA. Michael R. Valentine was appointed by the Governor as General Counsel in March of 2000. Senate Committee on Natural Resources & Dennis Mullins is General Counsel to the Tejon He heads the Department's legal staff and is a V/lldiife in Sacramento and has played a leading Ranch Company. He has been a major participant in member of the Executive Policy Group. Since 1981 role in recent amendments to the CEfiA. the debate on the application of ESA and CESA to he has focused on various aspects of environmental Everett L. DeLano represents environmental ranches and other working landscapes, practice and the law of sovereig~l lands. interests in ESA and other envisonmenml litigation Dennis D. Murphy was a member of the National Andrew E. Wetzler is counsel to the environmental matters. He is counsel to the Center for Biological Academy of Sciences panel on science and the ESA. plaintiffs challenging the exclusion of military Diversity and other plaintiffs challenging the He has worked in conflict resolution in land-use bases and NCCP reserves from the designation of approvals of the State Route 125 project in San planning on private property since the first HCP on critical habitat for the Calffomis gnatcatcher. Diego. San Bruno Mountain. Continuing Education Credit (MCLE) Conference Location and Accommodations Course Materials This course has been approved for Minimum The Conference will be held at the Hyatt Regency Each registrant will receive a set of course Continuing Legal Education Credit by the State Isiandia Hotel, 1441 Quivira Road, San Diego, materials prepared by the speakers especially for Bar of California in the amount of 12 hours, which CA 92109. A block of rooms has been set aside this Conference, which will be a valuable furore includes one hour of ethics, for Conference attendees until May 16. For room reference. The course materials alone are available For accreditation in other jurisdictions or reservations, please call Community World Travel at for $95 plus $10 shipping and handling, disciplines, please cai1 CLE INTERNATIONAL at (888) 724-0500. Cancellation Policy (303) 377-6600. Tuition Full tuition refunds (less a $50 administrative Registration The tuition fee of $695 per person includes charge) will be given only ff notice of cazxcellation Advance registration is recommended, and you attendance at all sessions, course materials, la received by 5:00 p.m., MST on the Monday prior ate encouraged to mail in your registration early continental breakfasts and coffee breaks, to the Conference. Substitutions may be mada at Or simply call in your registration or home. study CLE INTERNATIONAL offers special rates for ~on-profit any time. order to (800) 873-T130, FAX the Registration/ organizations, full-timejudges, and law students. About the Sponsor Order Form to (303) 321-6320, or e-mall your Save When Two or More Register CLE INTERNATIONAL, a leading provider of registration to regisirar~ele.com. Full payment is Save $200 or more with our multiple registrant continuing professional education, has been due at the time of registration. Walk-in registrations discount! The roition fee is only $595 per person for presenting high quality prograrn.s nationwide will be subject to space availability. Please call two or more registering from the same organization, since 1983. CLE INTERNATIONAL is a State Bar CLE iNTERNATIONAL at (303) 377-6600 if you requirespecial accommodations, ~ Homestudy Package of California approved MCLE provider, and is approved in every state with mandatoz7 continuing If you cannot attend, CLE INTERNATIONAL also offers a legal education requirements. complete audio cassette transcript of the Conference (including all course materials) for $695 plus $10 CLE International Program Coordinator: shipping and handling. This package qualifies for self Carol A. 0'Nelli; carol~de.com study credit. YES! Please register the following: save when two or more register! Name: Payment of $ Enclosed or Charge my: nVISA [:ZIMASTERCARD E]AMEX Expiration Date: Name: Card No: Name: Signature: Firm: CLE PRSRT STO Address: PAID City: ~ PERMIT [40. 100 State: Zip+4: Ihh,,,hhh,h,llllh,,,h,h,,lh,hhJh,hh,hl,,h,II Phone: Fax: N(~RTTR ROBERT CBNB Emaii: J. LSS DEL ROSR fiVE. BOX 3427 O Check here if you do not want email notification of future programs. SItH BERHI~RDZHO CR 924L0-4t23 Q Course Materials (~ Audio Homestudy Course (Tapes and Materials) . n Email Notification of Future Conferences MAIL PHONE E-MAIL FAX CLE INTERNATIONAL 1620 Gaylord Street ' registrar~cle.com Denver, CO 80206 .... Join Over 100 of your Colleagues inGetting the Latest Information on: ESA and CESA Litigation and Regulat0ryUpdate - Confronting California's i3iodiVersity Challenge in an Era of Limited Governrnental Resources Update on Critical Habitat litigation and Policy . I~/_~j ~I!.C Water Politics, the ESA and the Working Landscape  Current Approaches for Br ng ng Science to Bear in ESA Decision Making ~1~ Prosecuting and Defending an ESA Case ...and Much Morel .4 briefing for lawyers, water managers, government officials, business executives, public interest groups and others interested in key water issues. Top policy-makers will discUSs: The Colorado River · Groundwater Storage Rights · Klamath River Issues · The Bay-Delta · Water Quality Issues · The Phase 8 Agreement F~ a~m E~otJ~mvr MCLE Cam>rr The briefing will be fi'om 8:30 a.m. to 4:30 p.m. July 17 This activity has been approved for Minlm~m~ ' and 8:30 a~m. to 12:30 p.m. July 18. Registration fee is Continuing Education Credit by the State Bar of ~11~$350 for Water Education Foundation major con~butors California in the amount of 10 hours (both days). ($100 or more snmml contribution) and $~[00 for non- The Water Education Foundation certifies that this contributors. Late (after July 10) and on-site registration activity conforms to the standards for approved is $425. The fee includes course materials-including a edueadon activities prescribed by the rules and full set of Layperson's Guides-lunch and a hostedregulations of the State Bar of California governing reception on July 17. To register, send the attached form MCLE credits. with payment by July 10. Or, register on line: www. watereducafion.org CANC~LLATtON POLICY Hox~. RESERVATIONS Refunds (less a $25 administrative charge) will be given to registrants if written notice is received by You may contact the Hyatt Regency Islandia, 1441 $ p.m. on July 10. Substitutions may be made at any time. Quivim Road, San Diego, at (800) 233-1234. Single and No refunds after July 10. double occupancy room rates are $145 plus tax per night. Be sure to say you are attending the Water Education HOSTED RECePTiON Foundation bliefinE, There will be a hosted reception on Thursday, July 17, in PRESENTED I~Y honor of distinguished water allomey H. Jess Senecal of - Lageflof, Senecal, Bradley, Gosney & Kruse. Register by May 30 and receive a FREE Delta Map. ' rATER EDUCATION Watch your mailbox and our web page, FOUNDATION www. watereducation.org, for a full agenda. WATER EDUCATION FOUNDATION' S 2003 WATER LAW & POLICY BRm~U~G San~e Title Affiliation Street Address Email City, State, Zip Phone Enclosed is my registration fee: Cancellation Policy - full refunds I'-I $350 (WEF major contributor of $100 or more) (less a $25 admiaistrativo charge) will [] $400 (noncontfibutor) be given if written notice is received by 5 p.m. on luly 10. No refunds at'er [] $425 (,payment a_~er July 10 and on-site registration) July lO. $ubstltutions may be made at [] $275 (Thursday only) anytime. [] Mastercard [] Visa [] American Express ~ Purchase order# Credit card number Exp. date __/__ Sigaature (must be signed to process credit card order) Water Education Foundation Non-Profit Organization 717 K St., Ste. 317 U.S. Postag~ Sacramento, CA 95814 PAID 916-444-6240 Sacramento, CA 916-448-7699 Fax Permit No. 430 www.watereducation, org Mark your calendar! Water Education Foundation , . Water Law & Policy Briefing set for July 17-18