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HomeMy WebLinkAboutAgenda Packet - EVWD Board of Directors - 04/09/2001 East Valley Water District 1155 DEL ROSA AVENUE, SAN BERNARDINO, CA REGULAR BOARD MEETING April 9, 2001 5:30 P.M. AGENDA - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - "ln order to comply with legal requirements for posting of agenda, only those items filed with the District Secretary by 10:00 a.m. on Tuesday prior to the following Monday meeting not requiring departmental investigation, will be considered by the Board of Directors". - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CALL TO ORDER PLEDGE OF ALLEGIANCE - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1. Approval of Agenda 2. Public Comments CONSENT CALENDAR 3. Approval of Board Meeting Minutes for March 26, 2001. 4. Approval of Liens for Delinquent Water and Sewer Accounts. 5. Approval of Development Agreement between East Valley Water District and Hirco, LLC to provide domestic water and sewer service to thirty-nine (39) dwelling units located on the East side of Streater between Kristin Lane and Sycamore Drive in the City of Highland. 6. Approval of Development Agreement between East Valley Water District and Gardner Construction & Development, lnc. to provide domestic water and sewer service to multiple commercial units located at 27265 Baseline in the City of Highland. 7. Review and accept Financial Statements for period ending February 28, 2001. S. General Fund Disbursements #184438 through#184606 in the amount of 5413,371.28 and Payroll Checks 48662 through 98715 in the amount of$64,147.89, totaling $477,519.17. OLD BUSINESS 9. Radon Rule Update. (General Manager) 10. Public Hearing to consider the adoption of proposed rules, regulations and fees for water and sewer services provided by the East Valley Water District. 11. Resolution 2001.07 —Establishing Rates and Charges for Water Service. 12. Ordinance No. 358 — Establishing Rules and Regulations for Water Service, Establishing a Water Department, Providing for Installation and Connection to District Water Mains, Regulating Cross Connection Control. 13. Ordinance No. 360 —Establishing Rates and Charges for Sewer Service. 14. Ordinance No. 359 — Regulating the use of Public Sewers, the Installation and Connection of Building and Lateral Sewers, Public Sewer Main Extensions, Establishing a Sewer Department, Providing Permits for the Installation and Connection of Sanitary Sewers, Providing Sewers for Annexed Areas and Subdivisions, Regulating the Discharge of Waters and Wastes into the Public Sewer System, Providing Relief for the Violation of the Provisions thereof and Providing Procedures for Enforcement. NEW BUSINESS 15. Directors' fees and expenses for March 2001. 16. Discussion and possible action regarding claim for damages from the Law Offices of William Margolin, Attorney at Law for Judith Ann Petrosino. 17. Discussion and possible action regarding claim for damages from the Law Offices of William Margolin, Attorney at Law for John P. Petrosino. 18. Discussion and possible action regarding a sponsorship in the San Bernardino County Sheriffs Child Safety/Crime Prevention Yearbook for Fall 2001 to Fall 2002. REPORTS 19. March 29, 2001 - Releases of Lien for Delinquent Water and Sewer Accounts. 20. General Manager's Report 21. Oral Comments from Board of Directors. CORRESPONDENCE 22. Letter to VOICE OF THE PEOPLE (The Sun Newspaper) in response to the editorial in the March 26""s newspaper regarding the"Arsenic Rule". MEETINGS 23. ASBCSD MEMBERSHIP MEETING — April 16, 2001, The Gourmet, 1445 E. Highland Ave., San Bernardino, CA. CLOSED SESSION 24. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Initiation of Litigation pursuant to Government Code Section 54956.9(c): One Potential Case ANNOUNCEMENT OF CLOSED SESSION ACTIONS ADJOURN 2 DRAFT SUBJECT TO APPROVAL ',,-' EAST VALLEY WATER DISTRICT REGULAR BOARD MEETING MARCH 26, 2001 MINUTES The meeting was called to order at 5:30 p.m. by President Light-foot. Director Goodin led the flag salute. PRESENT: Directors Wilson, Sturgeon, Negrete, Goodin, Lightfoot ABSENT: None STAFF: Robert Martin, General Manager; Paul Dolter, District Engineer; Alberta Hess, Chief Financial Officer; Mary Wallace, Administrative Assistant. LEGAL COUNSEL: Steve Kennedy GUEST(s): Jo McAndrews, David Eady, Fritz Stradling, Tom DeMars APPROVAL OF AGENDA The General Manager requested that the following Old Business Item (No.13a): DISCUSSION AND POSSIBLE ACTION REGARDING AN EXTENSION OF THE PARKING LOT SUB-LEASE AGREEMENT. be added to the Agenda as the need to add the item arose after the Agenda had been posted. M/S/C (Wilson-Negrete) that the March 26, 2001 Agenda be approved with revision recommended by the General Manager. PUBLIC PARTICIPATION President Lightfoot declared the public participation section of the meeting open at 5:32 p.m. There being no written or verbal comments, the public participation section was dosed. ADJOURN TO EAST VALLEY WATER PUBLIC FACILITIES CORPORATION MEETING. M/S/C (Wilson-Sturgeon) that the regular meeting be adjourned to the East Valley Public Facilities Corporation Meeting at 5:35 p.m. ~, RECONVENE TO EAST VALLEY WATER DISTRICT REGULAR BOARD MEETING M/S/C (Negrete-Sturgeon) that the East Valley Water District Regular Meeting reconvene at 5:45 p.m. RESOLUTION 2001.06 - THE SALE OF CERTIFICATES OF PARTICIPATION, THE TIME AND PLACE FOR TAKING BIDS, NOTICE INVITING BIDS, PRELIMINARY OFFICIAL STATEMENT AND OTHER DOCUMENTS was presented to the Board for approval. M/S/C (Wilson-Negrete) that Resolution 2001.06 be approved. APPROVAL OF MARCH 12, 2001 BOARD MEETING MINUTES. M/S/C (Sturgeon-Negrete) that the March 12, 2001 Board Meeting Minutes be approved as submitted. APPROVAL OF LIENS FOR DELINQUENT WATER AND SEWER ACCOUNTS. The General Manager noted that the owner of property at 7641 Drummond Ave. and 27783 20th St.. had paid the account and should be removed from the lien list. M/S/C (Sturgeon-Negrete) that the liens for delinquent water and sewer accounts be approved for processing as submitted. RESOLUTION 2001.04 - NOTICE OF COMPLETION FOR WATERMAIN EXTENSION WITHIN DOGWOOD ST., 33"D ST., OSBUN RD., AND EDGEMONT DR. BY LAW PLUMBING CO. was presented to the Board for approval. M/S/C (Sturgeon-Negrete) that Resolution 2001.04 be approved. DISBURSEMENTS M/S/C (Sturgeon-Negrete) that General Fund Disbursements #184251 through fl184437 in the amount of $755,419,19, Payroll Fund Disbursements #8608 through #8661 in the amount of $58,904.79 totaling $814,323.98 be approved. RADON RULE UPDATE The General Manager reported on the District's progress with the Rule to date; that a letter signed by various Congressional Members had been sent to EPA Administrator, Christie Todd Whitman thanking her for her assistance in removing the proposed radon rule from OMB consideration. Information only. 2 Minutes:03/26/O I THE ISSUE OF WHETHER CAL PERS BENEFITS SHOULD EXTEND TO EMPLOYEES OF TEMPORARY AGENCIES, CONSULTING FIRMS, AND LEASING AGENCIES WHO PROVIDE TEMPORARY LABOR SERVICE TO A PUBLIC AGENCY was presented for discussion. Recommendation was made to defer further discussion and action on this issue for legal opinion, information only. ELECTION RESULTS IN SUPPORT OF AN ALTERNATIVE FUNDING FORMULA FOR THE DISTRICTS' SHARE OF THE LAFCO COSTS. Director Lightfoot represented the District at the election to determine whether a majority of independent special districts supported an alternative funding formula for their share of the LAFCO costs. Director Lightfoot stated that the proposed alternative was defeated and the working group will reconvene on April 4th at 1:30 p.m. (175 West 5~ Street, San Bernardino) to review other alternatives, Information only. DISCUSSION AND POSSIBLE ACTION REGARDING LEASE EXTENSION FOR THE TEN (10) ACRE SITE ON 5TM STREET. Mr. David Eady addressed the Board with his concerns about the cost effectiveness of hooking up to sewer at his farm if the lease agreement on the site could not be satisfactorily extended; that new laws which became effective January 1st required certain alterations to the accommodations currently in place. The General Manager stated that there could be the possibility of a one (1) year extension. No decisions were made. Information only. DISCUSSION AND POSSIBLE ACTION REGARDING AN EXTENSION OF THE PARKING LOT SUB-LEASE AGREEMENT. M/S/C (Negrete-Sturgeon) that the amendment to the Parking Lot Sub-lease be approved and that the Board President be authorized to sign the Agreement. A MEMO ABOUT THE DISPOSITION OF OBSOLETE TELEMETRY EQUIPMENT was presented to the Board for discussion and possible action. M/S/C ( Wilson -Goodin) that the obsolete telemetry equipment be disposed of by any means available. NOTICE OF EXEMPTION CONCERNING THE LEASE AGREEMENT WITH THE CITY OF SAN BERNARIDNO R.D.A. was presented to the Board for approval. M/S/C (Wilson-Negrete) that the Notice of Exemption be approved. 3 Minutes:03/26/O1 REVIEW AND APPROVAL OF LEASE AGREEMENT WiTH THE CITY OF SAN BERNARDINO R.D.A. Legal counsel stated that he was uncomfortable with the indemnification language used in the Agreement and recommended that Legal counsel be authorized to amend the agreement and that the General Manager be authorized to approve and sign the amended Agreement. M/S/C (Sturgeon-Wilson) that the Lease Agreement be approved subject to an acceptable revision approved by the General Manager and Legal Counsel. APPROVAL TO BID PLANT #37 RESERVOIR/PUMP STATION PROJECT. Legal Counsel recommended that a vote on this item be suspended subject to resolving the Lease Agreement with the City of San Bernardino R.D.A. M/S/C (Sturgeon-Wilson) that approval to bid the Plant #37 Reservoir/Pump Station Project be granted subject to an amended Lease Agreement acceptable to the General Manager and Legal Counsel and signed by the General Manager. DISCUSSION AND POSSIBLE ACTION REGARDING THE WITHDRAWL OF FUNDS FROM DEFERRED COMPENSATION ACCOUNT. M/S/C (Wilson -Sturgeon) that the employee be allowed to withdraw funds from his/her deferred compensation account in accordance with their request. RESOLUTION OF THE BOARD OF DIRECTORS OF THE YUCAIPA VALLEY WD TO CONSOLIDATE ITS GOVERNING ELECTION WITH THE GENERAL ELECTION DATE IN EVEN NUMBERED YEARS. Information only. A letter from the Clerk of the Board of Supervisors concerning Yucaipa WD's consolidation of election was reviewed, information only. MARCH t4, 2001 RELEASES OF LIEN FOR DELINQUENT WATER AND SEWER ACCOUNTS. List of liens released on Mamh 14, 2001 was reviewed. Information only. GENERAL MANAGER'S REPORT The General Manager reported on District operations to date; that he had received a phone call inquiring whether the District would be interested in purchasing an adjoining (7920 Webster St.) 1.9 acre parcel; that there was an editorial in The Sun about the "Arsenic Rule" to which a response letter would be prepared; that two workshops will be held at the District offices, one on April 18, 2001 at 9:00 a.m. and a Budget Workshop on May 18, 2001 at 9:00 a.m.. Information only. 4 Miautes:03/26/O1 ORAL COMMENTS FROM BOARD OF DIRECTORS. Director Sturgeon commented on the recent ACWA committee meeting he had attended and the discussion that took place about the probability of blackouts during the months of June through September; asked about programs that the District has implemented to conserve energy and requested that staff be advised that their support of those programs is needed; asked about "emergency" training for staff; e.g.: earth- quake, fire, etc. Information only. Director Negrete expressed his delight with the District's newly acquired bottled water drawn from District Well #146 and packaged with the District's original label. Information only. There being no further verbal or written comments from the Directors, this section of the meeting was closed. ACWA's SPRING CONFERENCE - SOUTH LAKE TAHOE, MAY 9-11, 2001. Information only. CSDA "WORKSHOP OF WHEELS"- CUCAMONGA COUNTY WATER DISTRICT, 10440 ASHFORD ST,, RANCHO CUCAMONGA, CA. MAY 14, 2001. information only. WATER EDUCATION FOUNDATION "THE CENTRAL VALLEY TOUR" SACRAMENTO, CA., MAY 23-25, 2001. Information only. ADJOURN M/S/C (Wilson-Negrete) that the meeting be adjourned at 7:20 p.m. Glenn R. Lightfoot, President Robert E. Martin, Secretary 5 Minutes:03/26/O 1 CERTIFICATE OF LIEN APRIL 9, 2001 ACCOUNT OWNERS PROPERTY AMOUNT NUMBER NAME ADDRESS OWED 1. 002-0099-3' 3404 FAIRFAX DR 50.22 2, 007-0197-1' 5569 GOLONDRINA DR 35.34 3. 008-2714-2' 3531 STRATFORD ST 26.82 4. 014-0083-2' 5661 DOGWOOD ST 43.36 5. 072-0261-5* 25364 FISHER ST 6. 073.0038.7* 7240 DWIGHT WAY 78,91 7. 083-0143-3' 26167 9TH ST 141.16 8, 092-0156-3' 7450 NEWCOMB ST 281.38 9. 112-0090-0' 24662 COURT ST 123.75 10. 141-0091-2' 27384 PUMALO ST 19.96 · 11. 154-2110-4' 255449TH ST 79.40 · STILL OWNS PROPERTY + MULTIPLE UNITS Page 1 of 1 DEVELOPMENT AGREEMENT THIS AGREEMENT is made this ~--? day of t~V] ft~--~ t4 , ~2~-~o__~[[, by and between EAST VALLEY WATER DISTRICT, a public agency (hereinafter "the DISTRICT"), and Hirco, LLC (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 on the east side of Streater between Kristin Lane and Sycamore Drive, in the City of Highland, County of San Bernardino, State of California, and is generally identified as Tract No. 15969 (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 39 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 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 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 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 water or sewer facilities for use on the PROPERTY until the DISTRICT so authorizes. Section 2. CONSTRUCTION OF FACILITIES. 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 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 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 PROPERTY at the time of application for water and sewer service therefor. The DISTRICT will provide water and sewer service only to those specific subdivision lots within the PROPERTY for which payment in full has been made to the DISTRICT. b. The DEVELOPER shall be solely responsible for the payment of all costs, fees, and expenses associated with the construction, inspection, operation, maintenance, repair, and relocation of the PROJECT, including all costs, fees, and expenses incurred for the environmental analysis, engineering, and design of the PROJECT. ~ c. The DEVELOPER shall comply with all roles, 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 100 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 AGREEMENT or any role, 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 terms 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 this 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 DISTILICT and its agents, officers, directors, and employees from any and all liability for the claims, actions, and/or losses set forth in Section 9 above and for any costs and expenses incurred in connection therewith. The DEVELOPER, notwithstanding the provisions of California Civil Code § 1542, which provides as follows: "A general release does not extend to claims which the creditor did not know or suspect to exist in his or her favor at the time 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 '~nited 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 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 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, tatum 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 Bemardino, CA 92413 Attn: General Manager If to the DEVELOPER: Hirco, LLC 14044 Ventura Blvd. Sherman Oaks, CA 91423 Ste. 206 Attn: Herbert Hirsch Section 13. DISPUTES. Any dispute or controversy arising out of, under, or in connection with, or in relation to this AGREEMENT, and any amendments thereto, or the breach thereof, which is not resolved informally by prior mutual agreement of the parties hereto, shall be submitted to arbitration in accordance with the California Arbitration Act, Sections 1280 through 1294.2 of the Code of Civil Procedure. The cost of such arbitration shall be paid by the parties equally; however, the prevailing 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. 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 16. ASSIGNMENT. This AGREEMENT may not be assigned to any individual or entity without the written consent of the parties hereto. Section 17. INTEGRATION AND AMENDMENT. This AGREEMENT constitutes the entire understanding of the parties hereto 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. I0 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. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed by their respective officers as of the date first above written. ~ DISTRICT: By: East Valley Water District President, Board of Directors ATTEST: Secretary ' DEVELOPER: ~.. [name] Herbert Hirsch [title] President ATTEST: 11 V ;ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of /_z>[. /<~ .J_~_..t ~ ss. personally appeared ~'~-~'~ [~ersonaliy known to me [] proved to me on the basis of satisfactory evidence ~,~ MAI~K~.SCHENIrJuI~ to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed ]1 ~_ ? ~ C4unly i the same in his/her/their authorized ~ capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS~my hand and official seal. . OPTIONAL Though the information below is not required by/aw, it may prove valuable to persons relying on the document Description of Attached Document Title or Type of Document: Document Date: .~ ~'7~ ~> / Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: - · . =-- [] Individual [] Corporate Officer-- Title(s): [] Partner--[] Limited [] General [] Attorney in Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: Notary Public 12 EXHIBIT "A" [Tentative Tract Map for the PROPERTY] 13 TY?IOAL. ~EC, TION MEbANIt= C, OIJt~T NT'~ ~A~EbNE ~Tf~I~T THOMAS I~I~O~. ~ DEVELOPMENT AGREEMENT THIS AGREEMENT is made this day of ., __, by and between EAST VALLEY WATER DISTRICT, a public agency (hereinafter "the DISTRICT"), and GARDNER CONSTRUCTION & DEVELOPMENT, INC., a California CORPORATION (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 27625 Baseline, in the City of Highland, County of San Bemardino, State of California, and is generally identified as 27625 Baseline (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 multiple commercial 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 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 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 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 water or sewer facilities for use on the PROPERTY until the DISTRICT so authorizes. Section 2. CONSTRUCTION OF FACILITIES. 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 or county) 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. Ail 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. 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 PROPERTY at the time of application for water and sewer service therefor. The DISTRICT will provide water and sewer service only to those specific subdivision lots within the PROPERTY for which payment in full has been made to the DISTRICT. b. The DEVELOPER shall be solely responsible for the payment of all costs, fees, and expenses associated with the construction, inspection, operation, maintenance, repair, and relocation of the PROJECT, including all costs, fees, and expenses incurred for the 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 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 100 percent of the estimated construction costs containing covenants which are acceptable to the DISTRICT and the (city or county) b. The DEVELOPER shall provide a maintenance bond for the PROJECT in the amount of 100 percent of the construction cost, which shall contain covenants which are satisfactory to the DISTRICT. Such bond shall remain in force for at least twelve (12) months from the date of acceptance by the DISTRICT of the dedication of said facilities. c. The DEVELOPER shall also procure and maintain during the performance of this 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 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. 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 terms 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 this 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 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 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 fi:om 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 fi:om, 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 fi:om 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 8 present and future federal, state, and local laws (whether under common law, statute, role, regulation, or otherwise), including, but not limited to, the California Environmental Quality Act, Public Resources Code Section 21000 et seq., and the Guidelines adopted thereunder, California Code of Regulations Section 15000 et seq., ail as the same may be amended from time to time. Section 12. NOTICES. Any notice, tender, or delivery to be given hereunder by either party to the other shall 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: Gardner Construction & Development, Inc. 555 Cajon Street Redlands, CA 92373 Attn: Herb Gardner Section 13. DISPUTES. Any dispute or controversy arising out of, under, or in connection with, or in relation to this AGREEMENT, and any amendments thereto, or the breach thereof, which is not resolved informally by prior mutual agreement of the parties hereto, shall be submitted to arbitration in accordance with the California Arbitration Act, Sections 1280 through 1294.2 of the Code of Civil Procedure. The cost of such arbitration shall be paid by the parties equally; however, the prevailing 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. 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 16. ASSIGNMENT. This AGREEMENT may not be assigned to any individual or entity without the written consent of the parties hereto. Section 17. INTEGRATION AND AMENDMENT. This AGREEMENT constitutes the entire understanding of the parties hereto 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 fight 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 AGKEEMENT 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. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed by their respective officers as of the date first above written. DISTRICT By:. East Valley Water District President, Board of Directors ATTEST: Secretary f'J1 / '~TEvE ,L. ~lER: Gardner C°nstructi°n & Devel°pment,Inc. Vice President ATTEST: File 262.106 W/S2029 11 Notary Public 12 EXHIBIT "A" [Tentative Tract Map for the PROPERTY] 13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On ,~ H~/'C-~ ~I , before mo, personally appeared '~h E;~sonally known to me [] proved to me on the basis of satisfactory evidence to be the person{-s-)- whose name~ is/are subscribed to the within instrument and acknowledged to me that hexol ~/[I ,wy executed the same in his/hefC,t~ae~ authorized  capacity(icy, and that by his/,hcrlt,h¢~,r signature(s-)' on the instrument the person(s-), or the entity upon behalf of which the person(s)  ~ acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Though the information below is not required by/aw, it may prove valuable to persons re/ying on the document end could prevent fraudulent removal and reattachrnent of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: [] Individual Top of thumb here /- [] Corporate Officer -- Title(s): [] Partner -- [] Limited [] Ge~:~l [] Attorney in Fact ~ [] Trustee [] Guardian or~servator [] Other: 8~epresenting: CHURCH V '"'~&~'~ ya~Je ~ ~ Glenn R. Lighfloot East Water District President Donald D. Goodin Vice President 1155 Del Rosa Avenue., RO. Box 3427 Kip E. Sturgeon Director San Bemardino, California 92413 Edward S. Negrete (909) 889-9501 Oirector George E. "Skip" Wilson Director Robert E. Martin General MAnager Alberta M. Hess Chief Financial Officer April 5, 2001 The accompanying financial statements for the period ended February 28, 2001, have been prepared solely by the staff of the East Valley Water District and have not been audited, reviewed, or compiled by an independent certified public accountant. Management has elected to omit substantially all of the disclosures and the statement of cash flows required by generally accepted accounting principles. If the omitted disclosures were included in the financial statements, they might influence the user's conclusions about the District's financial position, results of operations and cash flows. Accordingly, these financial statements are not designed for those who are not informed about such matters. Administration (909) 885-4900, Fax (909) 889-5732 · Engineering (909) 888-8986, Fax (909) 383-1481 Customer Service & Finance (909) 889-9501, Fax (909) 888-6741 East Valley Water District Balance Sheet February 28, 2001 ASSETS UTILITY PLANT- at cost: Utility plant in service - water department $65,873,998.65 Utility plant in service - sewer department 19~291~ 142.64 85,165,141.29 Less: Accumulated depreciation (25~175,203.29) 59,989,938.00 Construction in progress 4~524~833.03 64~514~771.03 RESTRICTED ASSETS: Water department - bond funds - cash in bank 6,475.00 Certificate of Participation reserved funds - cash in bank 351,558.31 Reserved funds - designations - cash in bank 1,561~450.00 1,919~483.31 CURRENT ASSETS: Cash on hand and in banks 10,941,076.50 Less: Cash restricted 1 ~919,483.31 9,021,593.19 Accounts receivable (net of allowance) 700,640.05 Other receivables (net of allowance) 121,788.73 Inventory 730,464.63 Prepaid expenses 224,341.16 12~718:311.07 OTHER ASSETS AND DEFERRED COSTS (Net of Amortization): Bond discount and incidental bond expenses I 12,446.2 Deferred financing charges 293~495.89 405~942.10 TOTAL ASSETS $79,558,507.51 East Valley Water District Balance Sheet February 28, 2001 LIABILITIES AND EQUITY LONG- TERM DEB T: Certificates of Participation due aRer one year $1 I, 125,000.00 Less: Deferred amount on refunding of Certificates of Participation (283~913.78) 10~841~086.22 CURRENT LIABILITIES: Accounts Payable 903,473.30 Accrued payroll and benefits 411,082.95 Accrued pension contributions 5,923.53 Customer service deposits 969,398.48 Deferred Rental Income 53,333.00 Accrued interest payable 65,128.91 Deposits - refundable 97,120.09 Certificates of Participation due within one year 760~000.00 3~265,460.26 TOTAL LIABILITIES 14,106~546.48 EQUITY: Contributed capital: Invested in utility plant 22,489,483.26 Other contributed capital 3,665,614.18 Retained earnings: Reserved for water bond funds 6,475.00 Reserved for emergencies 1,545,000.00 Reserved for unemployment insurance 16,450.00 Fund Balance 35,945,351.39 Net Income for current year 1,783,587.20 TOTAL EQUITY 65,45'1,96'1.03 TOTAL LIABILITIES AND EQUITY $79,558~507.51 Z Z m East V * ey Water District TO: BOARD OF DIRECTORS FROM: ALBERTA M. HESS / CHIEF FINANCIAL OFFICER SUBJECT: DISBURSEMENTS DURING THE PERIOD MARCH 22, 2001 THROUGH MARCH 29, 2001 CHECK NUMBERS 184438 THROUGH' 184606 IN THE AMOUNT OF $413,371.28 WERE ISSUED. PAYROLL CHECKS 8662 THROUGH 8715 IN THE AMOUNT OF $64,147.89 WERE DISTRIBUTED ON MARCH 28, 2001. TOTAL OF ACCOUNTS PAYABLE DISBURSEMENTS AND PAYROLL FOR THE PERIOD - $477,519.17. ~o o Z 0 ZZZ ~ZZZZ~ ~ ~o o i o o ~ oo ~ o~ ~ o o~ z 0 z oooo~o~o ~ wwzew~ ~wwz=wg~~ ~ ~w ~ w ° °°°°~ °~ ~i ~~ © oo mo~moo0~o~ 2 zz~zo>zzzzzz h Z w~ w o o ooooo ooooo o~ 0 ti. Z Z Z 0 0 0 -- (.3 _n- (.> r~_ >. 0 Z ~o o~ 0 0 · ,,~EAST VALLEY WATER DISTRICT DIRECTOR'S FEES AND EXPENSE REPOT 'NRECTOR: (-1¢1~7-F-~(7T MONTH OF: ,t4.,f~ t, // 2001 Meetings Claimed ~,/. Board Meeting (Dates) ~/Z~ Conferences and Other Meetings Date: ~/z Organization /-t~£-O~ tv/ ~,q, r'~,~6~&ocation Date: ~/& Organization *'V£~'~,~ t~ ,4;r'/2~,~"f Location Date: ~ff Organization ~b ~a~ ~t~-rr~ Location £//~ Date: X/~ Organization ff/6,'¢~,',,'0 Dx',/ ~-,,,c~c Location Date: ~[~ Organization/4/~?~ ~/&~. ,C~.~-'E Location Date: ~/(~ Organization/-t~£rz~ ~'/~//*, ~r~lg~ Location 1'2_ ~.F_..'-~r~g' TOTAL MEETINGS I0 ~ $125.00 each $ Personal Auto C~In&~t~o~ f--I?,l~ tO Date: Function Attended $ Date: Function Attended $ Total $ ~dgings: (Receipts attached) Date: Function Attended $ Date: Function Attended $ Total $ Meals: (Receipts attached) Date: ?/~6 Function Attended ~-/~ ~/D.~. l,c,~L¢Ot'~ $ ~ ,00 Date: Function Attended $ Total$ g: .60 Other: Date: Function Attended $ Date: Function Attended $ Date: Function Attended $ Total $ Total Director's Expenses $ ~ 3'- ~)() Total Director's Fees (Meetings) $ ~~, 'c~_,~ ~,"i ~ Less any Advance Payments $ ~1~ TOTAL DUE DIRECTOR $ Signed &, Approved Date of Board Meeting ~"" EAST VALLEY WATER DISTRIC2~,,,~ DIRECTOR'S FEES AND EXPENSE REPORT DIRECTOR: ~/~,5/7-ff~ 7-' MONTH OF: ,tt/I,d~¢// ,2001 Meetings Claimed Boa.rd Meeting (Dates). Conferences and Other Meetings Date: "gft'l" Organization Z/{,CC0 ~&'77,(/~ Location Date: ~/2Z Organ/zation Z4~e# (~/~-~,~ /~/)/3 [/ Location Date: Str~ Organization ~t~ C0~1~£ (k~,-r'z'££ Location Date: _g/:z~ Organization ~[~)£?'~7 ~d,~/( Location Date: ~/~/ Organization /~//~/z~2~ /4~;~*fT ~ Location Date: Org~ization Location TOTAL MEETINGS ~ $125.00 each Personal Auto Date: Function Attended Date: Function Attended Total ~ (Receipts attached) Date: Function Attended Date: Function Attended Total Meals: (Receipts attached) Date: Function Attended Date:. Function Attended Total Other: Date: Function Attended Date: Function Attended Date: Function Attended Total Total Director's Expenses Total Director's Fees (Meetings) ~ Less any Advance Payments TOTAL DUE DIRECTOR Signed Approved Date of Board Meeting EAST VALLEY WATER DISTRICT DIRECTOR'S FEE AND EXPENSES REPORT DIRECTOR: DON GOODIN MONTH March, 2001 Meetings Claimed: Board MeetinGs (Dates) 12, 26 Conferences and Other Meetings Date: 9 Organization: Facilites Agreement Mtg Location: District Date: 14, 15, 16 Organization: WESTCAS Location: Reno Date: '~9 Organization: Special Districts Location: Ontario Date: 21 Organization: MWD Presentation Location: Pomona Date: 29 Organization: North Fork Location: District Date: 31 Organization: EVVVD Booth Location: Highland Date: Organization: Location: Date: Organization: Location: TOTAL MEETINGS 10 X $125.00= $ 1,250.00 Personal Auto Date: 16 Function: Parking, ONT $ 20.00 Date: Function: Total $ 20.00 Lodging Date: Function: Date: Function: Total $ Meals (Receipts) Date: 19 Function: Special Districts $ 25.00 Date: Function: Total $ 25.00 Other Date: Function: Date: Function: Total $ Total Directors Expenses $ 4.5.00 Total Directors Fees (Meetings) $ 1,250.00 Less Advance Payments ,/~. ,h... .~ TOTAL DUE DIRECTOR $ 1,295.00 Signed ~..~~.. Approved Date of Board Meeting April 9, 2001 EAST VALLEY WATER DISTRICT DIRECTOR'S FEES AND EXPENSE REPORT DIRECTOR: ~'"/'"~/.,'J '~. ~_; ~'-~'~- e~- M ON TH OF: }')'~d'/~'"' ,2001 Meetings Claimed Bo dMe¢,i,g Dates>_. 12.2 Conferences and Other Meetings Date: / ~ Organization_ ~,~ Location Date: l ~P~ ~ganlzstion' ' ~,~' ~' ~V . Location.. D,te: ~ ~ ~ Organization ~ ~/C Location Date: ~ / Organizalion. ~/~Zl~O ~~ Location Personal Auto Date: Function Attended Date: . Function Attended Total ~odgings: (Receipts attached) Date: Function Attended Da~e: Function Attended  tal (~eceipta attached) Date: .. Function Attende~ ~ Total Date: Function Attended Date: _.. Function Attended Date: Function Attended Total Total Dkector's Expenses Total DireCtor's Ve~s (Meotings) Les~ ~y Advance Payments ~ ~ TOTAL DUE DI~CTOR Si~d ~Approwd Date of Board Meeting 'RECTOR: :' ~reetin,qs Claimed ! ':i:-~ r ' ' * Board Meeting (Dates): 12 & 26 Conferences and Other Me~tinqs -' Date: 2 Organization, -~eeti~9' with Glenn Location Brass: :,~..'.-... Date: 14 Organization ACWA Location Sacra~ento,~ Date: 15 ' Organization zm,~co, ;:- .-. '":'- ~ · LOcation San Bernardino, Date: ~'~-: OrganiZation ~B-~kfast w/ Hansberg~_~)cation-;~-~ds ~CC Date: 21 Organization MWD Location La Verne Date: 2U - 30 Organization WEF Location Las Vegas TOTAL#OF MEETINGS lO @J2$.00each' $1,250.00 Personal Auto: Date: 14 Function Attended ACWA ..... Milasx - per.,mile',,$' 6.57 ',. ~,t.' '... '- ,. .. * :" ..:{":""4~%~' ?:" ~'.' · Date: ' Function Attended ACWA -' ~¥~.:-.'.~:?;:, ..' Miles x per mile ,$:.' 28.62' i'i:: ' -TOTAL :. $:;: 35;19 ~L~d,clinqs: ":, (Receipts attached) Date:';': ":;;;: ..... Functi0'n Attended ' ' :.':';~.i~ '..~--~,, ..... .... ~tt ': · - ""'"' Function ended ' . . ,7....~,, · .... -.,, Meals (Receipts attached) .; ~..:' '- -:'-Functio~ Attended '"" '"'$. Date: Function Attended Other: ' ..... Date: 27 - 3o Function Attended ~ Datei ':' 14 Function'Attended ACWA .... -,'~:','~;,'--,~'. ............. .-~.-. ..... . $ ,-,-~74.75 · . Date: *" 14 . ',': Function Attended ACWA - ........... ~,;",~ '~fi" /~ , °25 SUMMARY: . Total Director's Fees (Me~tings~' ~' :":" -~,; 2' '. 00. Total Director s Expenses..:.,%::..,,:'~:'...: :. ~.?;' 6 ; 44' Signed o~~ ~ TOTAL DUE DIRECTOR ';/:' !- 1,9¢6.44 ::'~';'~::,i'~: Approved Date of Board Meeting ~-' '~ BAST VALLEY WATEK DISTRIC'i~.a~ DIRBCTOR'S FBBS AND EXPENSE RBPORT ~o~ -~IRBCTOR: SKIP WILSON MONTH OF: Meetings Clairnec~ Gonferene.es and Oth,r Meetings Date: ,. / Orgauizatiunf'_~,~r~-~ ~,~'¥ Xo.~ ~ Location /~. ~ .. Date: 'g~ 5f Organization ~_17.o~ g,,~-],, ~q ,~a Location. Date:~./:?t~;t& Organization ~[e,~, F-,ducaf;~,~Qat~¢}~aLocation _~1 Date~./~,.'~o,', ~ ! Organization ~iam~ /-07. ~'3~ ~, Location ~1 C. Date: 7.~c~ Organization ,oa~9~ ~'a,-~ Location. Date: ~-/~ Organization ~47 /~,/ /',~n/~,:o/~'~Location ~J~,a~x TOTAL MEETINGS ('~ ~ $100.00 each $ /. Personal Auto Date: Function Attended $ Date: Function Attended $ Total ,~lp~ (Receipts attached) Date:~./4,)3./~~ FunctionAttended ,,4c. 013 ..&c'? ~.r~ ... Date: Function Attended Total $ 2 Meals: (Receipts attached) Date: Function Attended $. Date: Function Attended $. Total $ Other: Date: $./ff Function Attended ~,,t ,: Date: Function Attended $ Date: Function Attended $ Total $ l Total Director's Expenses Total Director's Fees (Meetings) Less any Advance Payraents ' ~/~./~ TOTAL DLIB DIRECTOR Signed / - Approved Date of Board Meeting .~,.-// WILLIAM MITCHELL MARGOLIN ATTORNEY AT LAW ~m~ 16255 VENTURA BOULEVARD SUITE 1008 ENCINO, CALIFORNIA 91435 TELEPHONE (818) 999-4LAW FACSIMILE (818)999-1183 FACSIMILE TRANSMITTAL SHEET PROM: EAST VALLEY WATER DISTRICT William Margolin~ Esq. COMe.,,NY: LIABIHTY CLAIMS - HIGHLAND/SAN BERNARDINO r~/,Te: 3/27/01 F_AX NUMBER: TOT~LL NO. OF PAGES INCLUDING COLOR: (909)889-5732 5 PtfONE NUMBER: SENDER'S REFEP~ENCE NU'I~BER; (909) 889-950t X URGENT X FOR REVIEW X PLEASE COMMENT X PLEASE REPLY [] PLEASE RECYCLE NOTES/COMlVIENT$: Dear EAST V3I.I.Ey WATER DISTRICT, A'IWACHED ARE TWO CLAIMS AGAINST THE EAST VALLEY WATER DISTRICT FOR INJURIES CAUSED BY THE EAST VAI J.'F;:y WATER DISTRICT~S NEGLIGENCE. PLEASE ACCEPT THIS FACSIMILE AS AN ORIGINAL FORMAL NOTICE OF CLAIMS AS OF MARCH 27% 2001. I AM ALSO MAILING THE OTHER ORIGIN~I-q TODAY. CLAIM # 1: JUDITH ANN PETROSINO CLAIM # 2: JOHN P, PETROSINO /7 ap ~ O1 l~:03p ~.~. po -i. ax.Ole ,67, SAN BER~INO~ CA 92410 ~ C~MS FOR D~AGES - TO PERSON OR PROPER~ INSTRUCTIONS: Sub~t to ceAaln s~tuto~ exce~io~, an action for ~ney or damages may n~ be mainain~ against the D~trl~ unl~ w~en claim has De~ timely pmsen~ to the Dts~ct and mje~ In whole or i~ peA. 2.A claim shall be present~ by the claimant or ~ a pe~n acting on ~e claimant's behalf. 3.Answer aH qu~fions. Om~ng info~a~on could make your claim legally insuffici~ 4.Name and address of ~e ~mon to whom you desire notlc~ ~ communications to ~ sent regarding ~ls claim. 5. This claim form mu~ ~ sign~ on page 2 at bosom. a~¢h se~ sheets, E hecate,, to give full detai~. 91GN ~CH SHEET 7Claim must be filed w~ Board Secre~. TO:~ST VALLEY WATER DIS~ICT Ho~ Address of Clement _ C~ and S~te Home Telephone Number Busings Add~ O[ Claimant . Ci~ and S~e Busin~ Tele~one Nu~r Giv~ ad~m~ ~ ~ich you d~ire nofi~s or m~uni~Uons to be se~t r~arding this cl~m: How di~ DAMAG~ or INJURV ~u~ Give ~ll ~eulam ~// ~.. ~en did DA~GE or INJURY ~ Give full p~lam, date, fi~ of day: ~ere did D~AGE or INJURY o~u~ De~dbe ~lly, and ~te on distain on ~v~se side of~is sheet, where ~ appropHa~, glve s~eet na~s a~ addm~ and measur~ents from landmarks: ~ ~ular ACT or OMISSION ~ you c~im ~u~d ~e inju~ ~ dn~? inju~ or da~ge, ~ ~o~: ~ 4 ~ / ~ ~ ~ ~ ~t DAMAGE or INJURIES do you claim msult~? Give l~ll e~t of injudes or damages ~ai~: ~at AMOUNT do you claim on a~unt of ea~ i~m of in~ or damage ~s of date ~ presen~tion of this ~lai~, gi~ing baS~s of ~mp~ation: ~ - - Give ES~MA~D AMOUNT ae ~r as kno~ you claim on a~ount of each it~ ofp m~ p ~ve iniu~ or da m aa e, a'~ i n o basis' of Insura~e payments re~ived, ~ any, and names of Insura~ Company'. ~,--~ SEE PAGE 2 (OVER) THIS CLAIM MU~T BE'SIGNED ON REVERSE SIDE Mar ~B 01 12:03p Name and Ad~;ess of ~ness, Doctors and Hospitals: ' ' - For all a~id~/~a~ p~ Da ~llo~ng dlagr~m nam~ of slreets, tn~din~ No~, East, 8outh, a~ West: indicale place of a~dent by' X ' and by ~owJng house~umbe'~-~/~'~-~'et"~. · If Dlst~ Vehlc[e was involved, deslgo, a[e ~'l~tter ' A" I~lion o[ Distd~ vehicle whY'you first saw it, and by ' B' Iocalion o~ yoursel~ or your vehicle ~en you first saw D[~id~ vehicle: Iocatiol~ of Dislrict vehicle at time of acciden~'~y~ A-1 ' a~d I~aon of yourseff ot yDur vehicle at lhe time o~ Ih~ accidel3t by "B-I' and the poin of impact by "X'. ~. NOTE: If dlagrams~lo~ ~ol ~t the situation, attach hereto a proper diagram signed by ~aimant, ' ~ . / // / -- SIDEWALK ~ cu~ ? ' behalf giving relationship to CJ~mant' ,~ / / · NOTE; ~ ~;~,.~ may be required ~ be e~iaed as to theJ~ {l{im u~e~oath. Pr~sa~ao~ o~ a false claim b a felony (Cali(. Panel C~IMS MUST BE FILED ~TH ~OARD SEC~AR% ,, F../( I eaST va aY WaTeR D STmCT 1185 DEL RO~ AVENUE ~ ~/ ~ /~ ~ ~ ' CLAIM~ FOR D~AGES FO PERSON OR PEOPER~ A c~im e~ ~ ~n~ ~ the clalmlnt ~ ~ a pe~ act~ on ~ cla~t's behalf. A~wer all q~. ~g ~f~n ~ld m~e your cb~ ~ Na~ and ~ of ~ ~ ~ ~ you ~eim not~ M c~nl~fi~s ~ ~ s~t ~ claim form mu~ ~ s~ on ~e 2 at a~ch ae~ 6h~, ~ nwq, ~ give f~l 9~N ~CH TO:~ST VALLEY WATER DISTRICT ~ A~ss of C~a~nt ~ /~ and ~ta~ ~. ~SS ~ ~h y~ d~ ~ti~ or ~u~at~ns t~ ~ ~ent r~ard~ng ~ dM D~ or INJURY ~u~ G~e ~11 ~lam, date, ~ ot da~: ~, / / ~ ~ ~t ~r ACT ~ OWSS~N ~ you ~m Mu~d ~e ~ju~ or da~? ~t DA~GE Or INJURIES ~ y~ c~ ra~l~? Gi~ ~11 extent M inju~ ~ ~ ~i~i: ~t ~0UNI' ~ you d~ ~ ~unt of e~ i~ of injury ~ da~ge as / Give FS~D ~OUNT ~ ~ ~ ~ y~ ~aim on ~ounl of ~ ~ of pr~p~v~ ~f I~s~e~e p~nts r~N~, ~ any, and na~s of Insura~ Company' s~ PA~ ~ (ovEm ' Ex~endi~re$ ma~e ~n account o{' accident or inJ~'~: (Date - Item) {Am°ur~t) .......... rO~ a,l accent ~al~ p~ ~ I~lowing d~agram ~ame~ ol street, ~iu~ No~, Earl ~th, ar~ WesL ~,~Jcale ~ace og a~nt by ' X ' a~ by ~o~ng ho~e nun~e~s of disl~ to stree[ ~n~ MAR 28 ~01 0~:27PM P,1/1  San Bernardino County S~eriff's Athletic Federation P,O, Box 1324, San 8ernardino, CA 92402 (909) 370-31078 The San Bern~dino County Sheriff's Athletic Federation is dedicated to providing excellent police service to our county. The most effective method to reduce crime is a joint effort of the community and the sheriff's department using a variety of innovations and resources. This year the San Bernardino County Sheriff's Athletic ?ederation is looking to the business and professional communiW for support. Your help is headed! The Federation is not looking for donations, but instead we are asking you to be a sponsor in our Child Safety/Crime Prevention Yearbook. The yearbook will be distributed to businesses and schools throughout San Bemardino County. The proceeds help support the following programs: THUMBS UP, SOPHIA! (A fund for cancer children at Loma Linde University Hospital) FRANK BLAND MEMORIAL (For officers killed or injured in the line of duty) INLAND EMPIRE GANG & DRUG TASK FORCE THE SPECIAL OLYMPICS KIWANIS CHRISTMAS BASKETBALL TOURNAMENT NEIGHBOKHOOD WATCH nod D.A.R.E. programs By advertising in our yearbook, you are helping to support these worthwhile endeavors. We hope that you ca~ find a spot in your budget to place an ad. Wc would like to thank all of our fiiends who have continuously donated to the Federation in order for our programs to be funded. We would like to welcome aboard all our new advertisers this year. We assure you that your support is greatly appreciated and does not go unrecognized Al this time we ask for your support in one of the following sponsorships: Centerfold ....................................................... $2,995 - Color Cover-Outside Back .......................................... 2,595 -Coh)r Cover-Inside Front or back .............................. 1,995 Full page ............................................................ 1,495 . Color Fullpage ............................................................ 995 2/3 page ............................................................. 792 1/2 page ............................................................. 650 1/3 page ............................................................. ~/6 page ............................................................. I/g page - Platinum/Executive Business Card...... '~,9/3 /,..)'.~f" % Ill0 page- Large Business Card ........................ ~/C~e Your ~ sponsorship enables us to concentrate on what direotly effects the quality of life in onr county where we. spend much of our tlme. We need local businesses to weigh the urgency of our request and stand behind tis with a large sponsorship to betier this county and make it a safe place to work and live. Checks are made payable tO the San Bernardino County Sheriff's Athletic Federation Sincerely, Project Coordinator-~ San B~mardino County Sheriff's Athletic Federation Direct Line (909) 370-10711 VcrificatJoa # (909) 274-7203 FID # 33-0220957 RELEASE OF LIENS MARCH 29, 2001 ACCOUNT OWNERS PROPERTY AMOUNT NUMBER NAME ADDRESS OWED 1. 014-0178-0 5638 GOLONDRINA DR 174.72 2. 042-0019-0 3154 SANCHEZ ST 37.35 3. 071-0010-7 7043 NEWBURYAVE 86.93 4. 093-0031-1 27176 9TH ST 53.97 5. 103-0011-2 7688 ELM ST 83.28 6. 111-0245-4 26566 WARD ST 152.38 7. 114-0190-2 8056 DEL ROSA DR 72.64 8. 134-0020-1 28037 CLIFTON ST 56.52 TOTAL $ 717.79 +PAID THROUGH TAX ROLLS Page 1 of 1 East Water District .res,de.t Donald D. Goodln Vice President 1158 De[ P.osa Avenue., P.O. Box :3427 Ky E. Sturgeon San Bernardino, California 9241:3 Director (909) 889-9501 Apl-ii '~,- 200l George E.Dlrector"Skip" Wilson Edward $. Negrete Voice of the People Director Robert E. Martin '['be S url General Manager 399 N. "D" Street Alberta M. Hess San Bernardino, CA 92401 Chief FinanclalOfficer The Sun's March 26m editorial entitled "Public health Bush-whacked once again on arsenic rule" ignored many key issues and created a number of misconceptions. EPA Administrator Whitman did not "scuttle" the Arsenic Rule, but merely withdrew it to seek an independent review of the science and cost estimates used by EPA. This is crucial because the cost of treating arsenic in drinking water will be paid fro' almost entirely by citizens in their water bills. Only good science can give people the assurmme that a lower arsenic standard and accompanying higher water bills will make their water safer. Wl~ile some industries (such as mining) produce arsenic, the vast majority of arsenic exposure to Ihe public comes from naturally occurring arsenic m drinking water supplies and food supplies. Drinking water with hundreds of parts per billion of arsenic has been shown to cause cancer. But the health risk of arsenic at much lower levels (20 parts per billion or less) has not been demonstrated. In the 1996 Amendments to the Safe Drinking Act, Congress mandated that EPA review the existing 50 parts per billion Arsenic Standard using the best available science. Although EPA adopted an Arsenic Research Plan for this purpose, it was never fully implemented. Under the leadership of Congressman Jerry Lewis, the United States Coagress appropriated $5 million for health effects and treatment research on arsenic between 1995 and 1999. These funds were matched by $l.5 million in [`unding provided by 66 individual water agencies, including the East Valley Water District. Including other fimding sources, a total of $9 million has been committed to create a research partnership among EPA, the .Association of California Water Agencies, and the AWWA Research Foundation to fund high quality, peer reviewed research to support a new arsenic standard. Results are expected in 2 - 3 years. But in its rush to push through a final regulation in the final days of the Clinton Administration, EPA ignored this scientific parmership and relied upon 30-year-old foreign epidemiological studies that have been largely discredited and other confusing and contradictory research. Our District strongly believes that the use of high quality research is critical in the development of new drinking water rules. The cost to comply with a new rule is not paid for by an industry, as The Sun seems to imply. Instead, it is paid for by tbe citizens who live in an irnpacted community. Most elected officials who are faced with a new federal mandate, want to ensDre that the reported benefits (and costs) are based upon sound and defensible science. The Sun's comment that a "better safe than sorry approach" should be used does not consider what the cost may be to the citizens of a community. We do not believe that the expenditure of millions (billions) of dolla's of the pubhc s money on a drinking water rue that may provide only marginal benefits to the public's health is prudent public policy. Robert E. Martin General Manager Administration (909) 885-4900, Fax (909) 889-5732 · Engineering (909) 888-8986, Fax (909) 383-1481 Customer Service & Finance (909) 889-9501, Fax (909) 888-6741 Public health Bush-whacked once again on arsemc rule heal h ' h~s deba c, ' Association of the emardino Count'S eelal'Dlstncts East Vallp Water DisMct is hosting the April members~p meeting at ~~et in San Bernardino. The social hour ~I1 begin at 6 .m: wit~ a~:dall to order at 6:45 p.m. A sit-down ~nner will be served. .'~'~'~ :L. Chicken CorJon Dteu &17.50 (~ane~ chicken br~a~ ~uffeJ with ham and ~i~ cheese aa~ ~oPed wi~h Dran& cream *auce) ZaLman .,,,~.~ &19.50 wl~h ~m~n Pro, ram: Congressman Jer~ ~wis ~Vashin~an bsue~ and Citizen InvoLvement" RS~ to Mary,-..~alla~c~:,b¥ ~ortt 9~-.2001 Telephone: ~09-885~4900 ~ F~: ~ 909;88=9.5732 DistricffAssociate /' A~endees: Entr6e: ~ER: There is a $2 s~charge per person for reservations made aRer the deadline dam and co~ng to ~e dinner meeting without having made reservations. You will also be billed for ~e dinner if cancellation is not received P~OR to · e d~dline date. ~e C_.Ou~met 1445 East Highland Avenue San Bernardino, CA 92404 .eke Arrowhead oVeliey Spdngs raiser Fontana Yuc~i Ordway