Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Agenda Packet - EVWD Board of Directors - 06/10/2003
East Va"l' ey Water District 1155 DEL ROSA AVENUE, SAN BERNARDINO, CA REGULAR BOARD MEETiNG June 10, 2003 2:00 P.M. AGENDA "In order to comply with legal requirements 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 1. Approval of Agenda 2. Public Comments CONSENT CALENDAR 3. Approval of Board Meeting Minutes for May 27, 2003. 4. Approval of Liens for Delinquent Water and Sewer Accounts. 5. Accounts Payable Disbursements: Accounts Payable Checks #193371 through #193529 were distributed May 22, 2003 through June 4, 2003 in the amount of $855,043.10. Payroll Checks for period ended June 6, 2003 and included checks and direct deposits in the amount of $83,641.82. Total Disbursements for the period were $938,684.92. OLD BUSINESS 6. Radon Kule Update (General Manager) 7. Discussion and possible action regarding the modification of EVWD Personnel Rules pertaining to "Working Out of Class". 8. Discussion and possible action regarding a listing agreement with Cimino Realty for 13.2 acres of land at Fifth Street and Webster Street in the City of Highland. 9. Discussion and possible action regarding request from SSC Construction to modify the retention provisions for the work at District's Plant #37. 10. Discussion and possible action regarding Stock Purchase Agreement with McNeal, .Duckworth & McNeat to acquire shares of stock in City Creek Mutual Water Company. NEW BUSINESS 11. Public Meeting to discuss the formation of the Arroyo Verde Assessment District to fund the repair and replacement of the water distribution system within the service area of the Arroyo Verde Mutual Water Company. 12, Discussion and possible action regarding a proposal from the San Manuel Band of Mission Indians to lease lhe District's property on Highland Avenue for use as a parking lot. 13. Request from General Manager to "sell back" vacation hours. 14. Director's fees and expenses for May 2003. REPORTS 15. June 3, 2003 - Releases of Lien for Delinquent Water and Sewer Accounts, 16. General Manager's Report 17. Oral Comments from Board of Directors. CORRESPONDENCE 18. Note from Margaret Wright in appreciation for the get well wishes and flowers during her recovery. MEETINGS 19. ASBCSD MEMBERSHIP MEETING hosted by West Valley Water District, El Rancho Verde Royal Vista Golf Course, Rialto, CA., June 16, 2003. CLOSED SESSION 20. CONFERENCE WITH REAL PKOPERTY NEGOTIATOR [Government Code Section 54956.8] Property: 7920 Webster St. (3.2 Acre Site) & APN: 1201-361-01 & 02 (10 Acre Site) Purpose: Grant of Authority to Negotiate Party who will be negotiating on behalf of the District: Jim Cimino Under Negotiation: Price and Terms of Payment ANNOUNCEMENT OF CLOSED SESSION ACTION ADJOURN 2 DRAFT SUBJECT TO APPROVAL EAST VALLEY 'WATER DISTRICT MAY 27, 2003 REGULAR BOARD MEETENG MINUTES The meeting was called to order at 2:00 p.m. by President Goodin. Director Wilson led the flag salute. PRESENT: Directors Lighffoot, Sturgeon, Negrete, Wilson, Goodin ABSENT: None STAFF: Robert Martin, General Manager; Paul Dolter, District Engineer; Brian Tompkins, Chief F/nancial Officer; Mary Wallace, Administrative Assistant LEGAL COUNSEL: Steve Kennedy GUEST(s): Charles Roberts (Highland Community News) APPROVAL OF AGENDA M/S/C (Lightfoot-Wilson) that the May 27, 2003 Agenda be approved as submitted. PUBLIC PAR~IICIPATION President Goodin declared the public participation section of the meeting open at 2:02 p.m. There beir~g no written or verbal comments, the public participation section was closed. APPROVAL OF MAY 13, 2003 BOARD MEETING MINUTES. M/S/C (Wilson-Sturgeon) that the May 13, 2003 Board Meeting Minutes be approved as sul~mitted. Minutes: 05/27/03 APPROVAL OF SPECIAL MEETING MINUTES (BUDGET WORKSHOP) FOR MAY 15, 2003. M/S/C (Wilson-Sturgeon) that the May 15, 2003 Special Meeting M'mutes (Budget Workshop) be approved as submitted. APPROVAL OF LIENS FOR DELINQUENT WATER AND SEWER ACCOUNTS. The General Manager stated that the charges identified by Account Numbers: 0170256- 02, 0430126-01, 0520053-00, and 084337-06 had been paid and should be removed from the lien list. IWS/C (Wilson-Sturgeon) that the liens for delinquent water and sewer accounts be approved for processing with the exceptions as noted by the General Manager. RESOLUTION 2003,24 DEDICATION OF WATER DISTRIBUTION SYSTEM WITHIN TRACT 15985-2 (LOTS 88-1510) IN TI:[F, CITY OF ItlGHLAND was presented to the Board for approval. NUS/C (Wilson-Sturgeon) that Resolution 2003.24 be approved. RESOLUTION 2003.26 DEDICATION OF SEWERS WITHIN TRACT 15825 IN · l~ THE CITY OF ][IIGHLAND was presented to the Board for approval. M/S/C C¢;ilson-Sturgeon) that Resolution 2003.24 be approved. RESOLUTION 2003.27 DEDICATION OF WATER DISTRIBUTION SYSTEM WITHIN TRACT 15825 IN THE CITY OF HIGHI,AND was presented to the Board for approval, Ivl/S/C (Wilson-Sturgeon) that Resolution 2003.24 be approved. DEVELOPMENT AGREEMENT BETWEEN EAST VALLEY WATER DISTRICT AND ltAAGEN COMPANY~ A CALIFORNIA LLC~ TO PROVIDE DOMESTIC WATER AND SEWER SERVICE TO 6.3 AC RETAIN CENTER DWELLING UNITS LOCATED AT TIlE NORTHEAST CORNER OF GREENSPOT ROAD AND CltURCH STREET, IN TI-IF, CITY OF ItlGHLAND was presented to the Board for approval. M/S/C (Wilson-Sturgeon) that the Development Agreement between East Valley Water District and Haagen Company be approved. 2 Minutes: 05/27/03 REVIEW AND ACCEPT FINANCIAL STATEMlgNTS FOR PERIOD ENDED APRIL 30, 2003. lVl/S/C CvVilson-Sturgeon) that the Financial Statements for the period ended April 30, 2003 be accepted as submitted. DISBURSEMENTS IVl/S/C (Wilson-Sturgeon) that General Fund Disbursements #193227 tl~rough 193370 distributed during the period of May 14, 2003 through May 21, 2003 in the amount of $471,518.83. Payroll Fund Disbursements for the period ended May 23, 2003 in the amount of $84,096.50 totaling $555,615.14 be approved. RADON RULE UPDATE The General Manager reported on the District's progress with the Rule to date; that we are still awaiting the VA]HUD Report on the issue, that Christine Whitman had resigned her position with EPA. Information only. SPONSORSHIP DONATION TO TIlE HIGI:[LAND AREA CIlAMBER OF COMMERCE was presented to the Board for approval. M/S/C (Lightfoot~Negrete) that the District make a one lump sum sponsorship donation to the Highland Area Chamber of Commerce in the amount of $1,000. RESOLUTION 2003.25 - RECOGNITION OF D. BUR.NELL CAVENDER AS GENERAL MANAGER OF TIlE SAN BERNARDINO VALLEY WATER CONSERVATION DISTRICT was presented to the Board for approval. M/S/C/(Lightfoot-Negrete) that Resolution 2003.25 be approved. DISCUSSION AND POSSIBLE ACTION REGARDING CALL FOR NOMINATIONS FOR CANDIBATE FOR REGION CIIAIR, VICE CHAIR, AND BOA_RD MEMBER POSITIONS FOR ACWA region 9. No action was taken. Information only. DISCUSSION AND POSSIBLE ACTION REGARDING DATE AND TIME FOR A PUBLIC HEARING TO DISCUSS A POSSIBLE RATE INCREASE FOR WATER AND/OR SEWER SERVICES. M/S/C (Negrete-Lightfoot) that a Public Hearing be scheduled for Monday, June 23, 2003 at 6:00 p.m. at the Donahue Council Chamber, 27215 Baseline, Highland, CA to review water and/or sewer charges for service by the East Valley Water District. 3 Minutes: 05/27/03 REVIEW AND APPROVAL OF ENGAGEMENT LETTER FROM ROGERS, MALODY & SCOTT, LLP (RANIS) FOR ANNUAL AUDITING SERVICES PURSUANT TO GOVERNMENT AUDITING STANDARDS. M/S/C(Wilson-Lighffoot) that RAMS be authorized to provide the District with audit services for the year ended June 30, 2003 as summarized in their engagement letter to the Board of Directors. RELEASES OF LIEN FOR DELINQUENT WATER AND SEWER ACCOUNTS. List of liens released on May 12, 2003 and May 19, 2003 was reviewed. Information only. GENERAL MANAGER'S REPORT The General Manager reported on the District's operations to date; that he had been to Washington D.C. and met with several other Agencies with concerns over the Perchlorate Issue; that the "Consumer confidence Report" was being sent for print today; that the plans for the District's Headquarters were being submitted to San Bemardino this week for review. Infomaation only. ORAL COMMENTS FROM BOARD OF DIRECTORS Director Negrete stated that he & President GoocFm would like to visit the Plant 37 site tomorrow. Information only. Director Wilson stated that he had attended the "Basin" meeting on May 22nd and the Water Advisory Comm/ttee Meeting at Congressman Baca'a on Friday. Information only. Director Sturgeon stated that he and Director Wilson would visit the Plant #37 site on Thursday at 10:30 a.m.. Information only. There being no further verbal or written comments from the Directors, this section of the meeting was closed. ACWA LEGISLATIVE SYMPOSILrM, HOLIDAY INN CAPITOL PLAZA, SACRAMENTO, CA., JUNE 10 & 11, 2003. Information only. WESTCAS llTlt ANNUAL SUMMER CONFERENCE, SltELTER POINTE IrlOTEL, SAN DIEGO, CA. JUNE 25-27, 2003. Information only. ACWA (REGION 7 & 9) TOUR OF KERN WATER BANK, BAKERSFIELD, CA. JUNE 5-6, 2003.\. Information only. 4 M~utes: 05/27~03 CLOSED SESSION M/S/C (Wilson-Negrete) that the meeting adjourn to Closed Session. The Board entered into Closed Session at 2:40 p.m. as provided for in the California Open Meeting Law, Government Code Section 54945.9(a), to discuss those items listed on, and added to, the Agenda. ADJOURN TO REGULAR SESSION President Good'm declared that the meeting adjourn to regular session. ANNOUNCEMENT OF CLOSED SESSION ACTIONS The Board returned to session at 2:50 p.m. The items listed on the Agenda were discussed in closed session with no reportable action being taken. ADJOURN The meeting was adjourned at 2:50 p.m. until the next regularly scheduled Board Meeting on June 10, 2003. Donald D. Goodin, President Robert E. Martin, Secretary 5 Minutes: 05/27/03 CERTIFICATE OF LIEN JUNE 10,2003 ACCOUNT OWNERS PROPERTY AMOUNT NUMBER NAME ADDRESS OWED 1. 0140157-04* $18.49 2. 0240028-02* $20.69 3. 0830105-01' $67.46 4. 1040162-05+ $27.37 5. 1040165-05+ $52.95 6. 1050037-02 ~ $38,91 7. 1140054-03* $77.37 8. 1231184-01 $83.48 9. 1550561-00 $23,31 TOTAL $ 410.03 * STILL OWNS PROPERTY + MULTIPLE UNITS Page 1 of 1 East Va ° ey Water District Board Memorandum Date: JUNE 10, 2003 From: Brian W. Tompkins / Chief Financial Offi.c, er Subject: Disbursements. ~ Recommendation: Approve the attached list of accounts payable checks and payroll issued during the period May 22, 2003 through June 4, 2003. Background: Accounts payable checks are shown on the attached listing and include numbers 193371 to 193529 for A total of $855,043.10. The source of funds for this amount is as follows: COP Construction Funds EPA Grant Funds Unrestricted Funds $855,043.10 Payroll disbursed was for the period ended June 6, 2003 and included checks and direct deposits, Totaling $83,641.82. Fiscal Impact: Total disbursements- $938,684.92. '~ oo zz East V ' ey Water District June 6, 2003 Memorandum To: Board of Directors .~ From: Robert E. Martin/~ r ~ Subject: Personnel Rules Modification (Section 6.07 Paragraph A) For some time now, I have been working with our employee representatives on a provision in our Personnel Rules dealing with "Working out of Classificatioff'. The specific paragraph in question is found in Section 6.07 Paragraph A, which states, "Employees assigned to work in a higher classification for a period of time in excess of 10 consecutive working days will be granted a 5% salary increase or the "A" step of the higher classification, which ever is greater for all time worked in the higher classification beginning with the 11th work day, except for an employee in a trainee status." The concern expressed by our employees with this provision is the "10 consecutive working day" requirement. In most cases this provision is met when an employee is off on a 2-week vacation or is on some type of extended leave. Many other times, however, an employee may be asked to work in a different position for a few days at a time or a week at a time, several times throughout the year. In these circumstances the 10-day minimum is never met and this work is never recognized as working out of class. I have brought this issue to the Personnel Committee for discussion and consideration. It was the committee's recommendation that the 1 O-working day minimum should still be required but that the requirement for having those 10 days filled in a consecutive time frame be eased. Basically, any employee that is asked to work out of class during the year would still be required to do so for 10 days. On the 11th day they would then be qualified for the higher pay provisions of the Personnel Rules. The change that I am proposing to you, which has the concurrence of the Personnel Committee, is to strike the word "consecutive" from this paragraph. I would appreciate your consideration '~f~r this amendment' to our Persofinel Rules. REM: otb CALIfOrnIA NON-RESIDENTIAL, RESIDENTIAL INCOME AND A s s o c IAT I O N VACANT LAND LISTING AGREEMENT oF ~]~A].TO~.S® (C.A.R. Form NRL, Revised 10101) EXCLUSIVE AUTHOR~ATION: East Valley Water District ("Owned') ~ hereby employs and grants J~m C~m~no ~ealty~ Inc. ("Broker") beginning (date) J~-~e 10~ 2003 and ending at 1t:59 P.M. on (date) J~e lOt 2004 ("Listing Pedod") the exclusive and irrevocable dght to:D~ SELL, [] LEASE, [] EXCHANGE, [] OPTION, or [] OTHER the real property in the City of Highland , County of San Bernardino , California, described as: Parcels # 1201-361-01 5.08 Acres~ # 1201-361-02 4.93 Acres~ # 1201-361-03 3.2 Acres includin~ commercial building ("Property"), 2. ITEMS EXCLUDED AND INCLUDED: Unless otherwise specified in an agreement between Owner and transferee, all fixtures and fittings that are attached to the Property are included, and personal property items are excluded, from the pdce. ADDITIONAL ITEMS EXCLUDED: ADDITIONAL ITEMS INCLUDED: Owner intends that the above items be exctuded or included in listing the Properly, but understands that: (i) the agreement between Owner and transferee supersedes any intention expressed above and will ultimataly determine which items are excluded and included in the transaction; and (ii) Broker is not responsible for and does not guarantee that the above exclusions and/or inclusions will be in the agreement between Owner and transferee. 3. LISTING PRICE AND TERMS: A. The listing price shall be DolJars ($ ~). B. Additional Terms: Cash 4, COMPENSATION TO BROKER: Notice: The amount or rate of real estate commissions is not fixed by law. They are set by each Broker individually and may be negotiable between Owner and Broker (real estate commissions include all compensation and fees to Broker). A. Owner agrees to pay to Broker as compensation for services irrespective of agency relationship(s): [] percent of the listing pdce (or if an agreement is entered into, of the contract price), [] $ OR [] in accordance with Broker's attached schedule of compensation; as follows: ('1) if Broker, Owner, cooperating broker, or any other person, procures a buyer(s) who offers to acquire the Property on the above price and terms, or on any price and terms acceptable to Owner during the Listing Period, or any extension. (2) If Owner, within go calendar days after the end of the Listing Period or any extension, enters into a contract to sell, lease, exchange, option, convey or otherwise transfer the Property to anyone ("Prospective Transferee") or that person's ~ related entity: (i) who physically entered and was shown the Property during the Listing Period or any extension by Broker or a cooperating broker, or {ii) for whom Broker or any cooperating broker submitted to Owner a signed, written offer to acquire, lease, exchange or obtain an option on the Proper[y. Owner, however, shall have no obligation to Broker under this paragraph 4A(2) unless, not later than 3 calendar days after the end of the Listing Pedod or any extension thereof, Broker has given Owner a written notice of the names of such Prospective Transferees. (3) If, without Broker's prior wdtten consent, the Property is withdrawn from sale, lease, exchange, option or other, as specified in paragraph 1, or is sold, conveyed, leased, rented, exchanged, optioned or otherwise transferred, or made unmarketable by a voluntary act of Owner dudng the Listing Period, or any extension thereof. B. If completion of the transaction is prevented by a party to the transaction other than Owner, then compensation due under paragraph 4A shall be payable only if and when Owner collects damages by suit, arbitration, settlement, or otherwise, and then in an amount equal to the lesser of one-half of the damages recovered or the above compensation, after first deducting title and escrow expenses and the expenses of collection, if any. C. In addition, Owner agrees to pay Broker: D. (1) Broker is authorized to cooperate and compensate brokers participating througj~ the multiple listing service(s) ("MLS'): (i) in any manner OR (if checked) (ii) shall offer MLS brokers: either [] ~'-P~'~ percent of the sales price, or [] $ (2) Broker is authorized to cooperate and compensate brokers operating outside the MLS in any manner. E. Owner hereby irrevocably assigns to Broker the above compensation from Owner's funds and proceeds in escrow. Broker may submit this listing agreement, as instructions to compensate Broker pursuant to paragraph 4A, to any escrow regarding the Property involving Owner and a buyer, transferee or Prospective Transferee. F. (1) Owner represents that Owner has not previously entered into a listing agreement with another broker regarding the Property, unless specified as follows: (2) Owner warrants that Owner has no obligation to pay compensation to any other broker regarding the Property unless the Property is transferred to any of the following Prospective Transferees: (3) if the Property is transferred to anyone listed above dudng the time Owner is obligated to compensate another broker: (i) Broker is not entitled to compensation under this agreement; and (ii) Broker is not obligated to represent Owner in such transaction. ~lll~a copyright laws of the United States (T~tle 17 U.S. Code) forbid the O~ner acknowledges receipt of copy of this page. uthorized reproduction of this form, or any portion thereof, by photocopy Owner's Initials ( ) ( ) machine or any other means, including facsimile or computerized formats. -- -- Copydght ~ 1997-2001, CALIFORNIA ASSOCIATION OF REALTOR.~, tNC. ALL RIGHTS RESERVED. Reviewed by NRL-11 REVISED 10101 (PAGE 1 OF 4} Broker or Designee Date $. OWNERSHIP, TITLE AND AUTHORITY: Owner warrants that, (i) Owner is the owner of the Property, (ii) no other persons or entities have title to the Property, and (iii) Owner has the authority to both execute this agreement and transfer the Property. Exceptions to ownership, title and authority ara as follows: MULTIPLE LIBTING SERVICE: Information about this listing will (or [] will not)be provided to the MLS of Broker's selection. ~ All terms of the transaction, including financing, if applicable, will be provided to the selected MLS for publication, dissemination and use by persons and entities on terms approved by the MLS. Owner authorizes Broker to comply with all applicable MLS rules. MLS rules allow MLS data to be made available by the MLS to additional Intemet sites unless Broker gives the MLS instructions to the contrary. 7, OWNER REPRESENTATIONS: Owner represents that, unless othen,vise specified in writing, Owner is unaware of: (i) any Notice of Default recorded against the Property; (ii) any delinquent amounts due under any loan secured by, or other obligation affecting, the Property; (iii) any bankruptcy, insolvency or similar proceeding affecting the Property; (iv) any litigation, arbitration, administrative actmn, government investigation, or other pending or threatened action that affects or may affect the Property or Owner's ability to transfer it; and (v) any current, pending or proposed special assessments affecting the Property. Owner shall promptly notify Broker in writing if Owner becomes aware of any of these items during the Listing Period or any extension thereof. 8. BROKER'S AND OWNER'S DUTIES: Broker agrees to exercise reasonable effort and due diligence to achieve the purposes of this agreement. Unless Owner gives Broker written instructions to the contrary, Broker is authorized to order reports and disclosures as appropriate or necessary, and advertise and market the Property in any method and medium, including the Internal, selected by Broker, and, to the extent permitted by these media, including MLS, control the dissemination of the information submitted to any medium. Owner agrees to consider offers presented by Broker, and to act in good faith toward accompiishing the transfer of the Property by, among other things, making the Property available for showing at reasonable times and referring to Broker all inquiries of any party interested in the Property. Owner agrees to provide Broker and transferee(s) all written disclosures as re.~uired by law. Owner further agrees to immediately disclose in writing any condition known to Owner that affects the Property, including, but not limited to, any past or current, generation, storage, release, threatened release, disposal, and presence and location of asbestos, PCB transformers, petroleum products, flammable explosives, underground storage tanks and other hazardous, toxic or contaminated substances or conditions in, on, or about the Property. Owner shall maintain public liability and property damage insurance on the Property during the Listing Period or any extension. Owner waives all subrogation rights under any insurance against Broker, cooperating brokers or employees. Owner is responsible for determining at what price to list and transfer the Property. Owner further agrees te indemnify, defend and hold Broker harmless from all claims, disputes, litigation, judgments end attorney fees arising from any incorrect information supplied by owner, or from any material facts that Owner knows but fails to disclose. [] (if checked) The attached property disclosure is part of this agreement and may be provided to prospective transferees. 9. DEPOSIT: Broker is authorized to accept and hold on Owner's behalf any deposits to be applied toward the contract price. 10. AGENCY RELATIONSHIPS: A. Disclosure: If the Property includes residential property with one-to-four dwelling units and this agreement is used to list the property for sale, exchange or lease for a period of greater than one year, a "Disclosure Regarding Agency Relationships" form is required to be provided to Owner prior to entering into this agreement. B. Owner Re.presentation: Broker shall represent owner in any resulting transaction, except as specified in paragraph 4F. V C. Possible L)ual Agency With Buyer: Depending upon the circumstances, it may be necessary or a,,ppropnate for Broker to act as an agent for both Owner and buyer, exchange party, or one or more additional parties ("Buyer'). Broker shall as soon as practicable, disclose to Owner any election to act as a dual agent representing both Owner and Buyer. If a Buyer is procured directly by Broker or an associate licensee in Broker's firm, Owner hereby consents to Broker acting as a dual agent for Owner and such Buyer. in the event of an exchange, Owner hereby consents to Broker collecting compensation from additional parties for services rendered, provided there is disclosure to all parties of such agency and compensation. Owner understands and agrees that: (i) Broker, without the prior written consent of owner, will not disclose to Buyer that Owner is willing to transfer the Property at a pdce less than the listing pdce; (ii) Broker, without the pdor written consent of Buyer, will not disclose to Owner that Buyer is willing to pay a pdce greater than the offered price; and (iii} except for (i) and (ii) above, a dual agent is obligated to disclose known facts materially affecting the value or desirability of the Property to both parties. D. Other Owners: Owner understands that Broker may have or obtain listings on other properties, and that potential buyers may consider, make offers on, or acquire through Broker, property the same as or similar to Owner's Property. Owner consents to Broker's representation of owners and buyers of other properties before, during, and after the end of this agreement. E. Confirmation: If the Property includes residential property with one-to-four dwelling units Broker shall confirm the agency relationship described above, or as modified, in writing, prior to or concurrent with Owner's execution of an agreement to sell. '11. SECURITY AND INSURANCE: Broker is not responsible for loss of or damage to personal or real property or person, whether attributable to use of a keysafe/Iockbox, a showing of the Property, or otherwise. Third parties, including but not limited to, appraisers, inspectors, brokers and prospective buyers, may have access to, and take videos and photographs of, the interior of the Property. Owner agrees: (i) to take reasonable precautions to safeguard and protect valuables that might be accessible during showings of the Property; and (ii) to obtain insurance to protect against these risks. Broker does not maintain insurance to protect 12. KEYSAFE/LOCKBOX: A keysafeflockbox is designed to hold a key to the Proper~y to permit access to the Properly by Broker, cooperating brokers, MLS participants, their authorized licansees and representatives, authorized inspectors, and accompanied prospective buyers. Broker, cooperating brokers, MLS and Associations/Boards of REALTORS~ are not insurers against injury, theft, loss, vandalism, or damage attributed to the use of a keysafe/Iockbox. Owner does (or if checked [] does not) authorize Broker to install a keysafe/Iockbox. If Owner does not occupy the Property, Owner shall be responsible for obtaining occupant(s)' written permission for use of a keysafe/Iockbox. The copyright laws of the United States (T'~le 17 U.S. Code) forbid the Qwner acknov~edges receipt of copy oft his page, ~ unauthorized reproduction of this form, or any portion ~ereof, by photocopy Owner's Initials ( ) ( ) achine or any other means, including facsimile or computerized formats. -- -- ~l~pyright © 1997-2001, CALIFORNIA ASSOCIATION OF REAL.TORS~, I ~o~,~,c ~C. ALL RIGHTS RESERVED. I Reviewed by D,~'0~TU~Ty NRL-11 REVISED 10101 (PAGE 2 OF 4) Broker or Designee Date NON-RESIDENTIAL, RESIDENTIAL INCOME AND VACANT LAND LISTING AGREEMENT (NRL-11 PAGE 2 OF 4) T5914408.ZFX Prope~yAddres~Pa-~eel= # 1201-36Z-01~-02~-03, Kl~la.'Id, C& 92346 Date:dime 10, 2003 13, SION: Owner authorizes Broker to instal~ a FOR SALE/SOLD sign on the Proj~erty unless otherwise indicated in writing. 14, EQUAL. HOUSING OPPORTUNITY: The Property is offered in compliance w~th federal state, and local anti-discrimination laws. 15, ATTORNEY FEES: In any acton, proceeding, or arbitration between Owner and Broker regarding the obligation to pay compensation under this agreement, the prevailing Owner or Broker shall be entitled to reasonable attorney fees and costs, except as provided in paregraph 19A. ~. ADDITIONAL TERMS: Seller reserves the right to sell this land to the City of Hi~hland. Seller cax~ Cance1 this lis~inq at am~time ~ith a 24 hour w~itten notice. 17. MANAGEMENT APPROVAL: if an associate licensee in Broker's office (salesperson or broker-associate) enters into this agreement on Broker's behalf, and Broker or Manager does not approve of its terms, Broker or Manager has the right to cancel this listing agreement, in writing, within 5 days after its execution. 18. SUCCESSORS AND ASSIGNS: This agreement shall be binding upon Owner and Owner's successors and assigns. 19. DISPUTE RESOLUTION: A. MEDIATION: Owner and Broker agree to mediate any dispute or claim arising between them out of this agreement, or any resulting transaction, before resorting to arbitration or court action, subject to paragraph 19B(2) below. Paragraph 19B(2) below applies whether or not the Arbitration provision is initialed. Mediation fees, if any, shall be divided equally among the parties involved. If, for any dispute or claim to which this paragraph applies, any party commences an action without first attempting to resolve the matter through mediation, or refuses to mediate after a request has been made, then that party shall not be entitled to recover attorney fees, even if they would otherwise be available to that party in any such action. THiS MEDIATION PROVISION APPLIES VVHETHER OR NOT THE ARBITRATION PROViSiON IS INITIALED. B. ARBITRATION OF DISPUTES: (1) Owner and Broker agree that any dispute or claim in Law or equity arising between them regarding the obligation to pay compensation under this agreement, which is not settled through mediation, shall be decided by neutral, binding arbitration, including and subject to paragraph 19B(2) below. The arbitrator shall be a retired judge or justice, or an attorney with at least five years of real estate transactior~al law experience, unless the parties mutually agree to a different arbitrator, who shall render an award in accordance with substantive California Law. In all other respects, the arbitration shall be conducted in accordance with Part Ill, Title 9 of the California Code of Civil ~ Procedure. Judgment upon the award of the arbitrator(s) may be entered In any court having jurisdiction. The parties shall have the right to discovery in accordance with Code of Civil Procedure §1283,05, (2) EXCLUSIONS FROM MEDIATION AND ARBITRATION: The following matters are excluded from mediation and arbitration hereunder: (i) a judicial or non-judicial foreclosure or other action or proceeding to enforce a deed of trust mortgage, or installment land sale contract as defined in Civil Code {}2985; (ii) an unlawful detainer action; (iii) the filing or enforcement of a mechanic's lien; (iv) sny matter that is w~thin the jurisdiction of a probate, small claims, or bankruptcy court; and (v) an action for bodily injury or wrongful death, or for any right of action to which Code of Civil Procedure §337.1 or {}337.15 applies. The filing of a court action to enable the recording of a not[ce of pending action, for order of attachment, receivership, injunction, or other provisional remedies, shall not constitute a violation of the mediation and arbitration provisions, "NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATiON AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY." "WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION." I Owner's Initials I __ Broker's Initials I The copyright laws of the United States (-title ~7 U.S. Code) forbid the Owner acknowledges receipt of copy of tills page. ~ ,mauthonzed reproduction of this form, or any portion thereof, by photocopy ~chine or any other means, including facsimile or computerized formats. Owner's Initials ( ) ( ) ~pyright © 1997-2001, CALIFORNIA ASSOCIATION OF REA~TORS®, E~,~c '"INC. ALL RIGHTS RESERVED. Reviewed by ~,~U~TV NRL-11 REVISED 10101 (PAGE 3 OF 4) Broker or Designee Date NON-RESIDENTIAL, RESIDENTIAL INCOME AND VACANT LAND LISTING AGREEMENT (NRL-11 PAGE 3 OF 4) T5914408.ZFX 20. ENTIRE CONTRACT: All prior discussions, negotiations, and agreements between the parties concerning the subject matter of this agreement are superseded by this agreement, which constitutes the entire contract and a complete and exclusive expression of their agreement, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement, if any provision of this agreement is held to be ineffective or invalid, the remaining provisions will nevertheless be Given full force and ~ effect. This agreement and any supplement, addendum, or modification, including any photocopy or facsimile, may be executed in counterpa~s. By signing below, Owner acknowledges that Owner has read, understands, accepts and has received a copy of this agreement and any attached schedule of compensation. Date Juae 10, 2004 at San Owner Eaet Valley Water District By Title Address City State Zip Telephone ( Fax ( E-mail Date at Owner By Title Address City State __ Zip Telephone Fax E-mail Date at Owner By . Title dress City State __ Zip ~lll~lephone Fax E-mail Date at Owner By Title Address City State __ Zip Telephone Fax E-mail Real Estate Broker (Firm) J~,,, c'~,iao By (Agent) Date Jtm Jim cimino City State Zip Telephone ( Fax ( E-mail THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS ® C.A.R.). NO REPRESENTATION IS MADE AS TO THE LEGAL VAUDiTY OR ADEQUACY OF ANY PROVISION IN ANY SPEC F C TRANSACT ON. A REAL ESTATE BROKER IS THE PERSON QUALIF ED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is available for use by the entire real estate indust~. It is not intended to idenl~y the user as a REALTOR®. REALTOR® is a registered collective membership mark which may be used only by members of tP~ NATIONAL ASSOCIATION OF REALTORS® who subscribe to its Code of Ethics. -C~ Published and Distributed by: ~ REAL ESTATE BUSINESS SERVICES, iNC. Reviewed by · subsidiary of the CALIFORNIA ASSOCIATION OF REALTORS~ ~u~ 525 South Virgil Avenue, Los Angeles, California 90020 Broker or Designee Date 0~P~Tumw v-ll REVISED 1010'1 (PAGE 4 OF 4) NON-RESIDENTIAL, RESIDENTIAL INCOME AND VACANT LAND LISTING AGREEMENT (NRL-11 PAGE 4 OF 4) DISCLOSURE REGARDING ASSOCiAtiON REAL ESTATE AGENCY RELATIONSHIPS (As required bytfle Civil Code) °~= ~']~A]LTO ]~S® (C.A.R. Form AD-11, Revised 10101) '~en you enter into a discussion with a real estate agent regarding a real estate transaction, you should from the outset undemtand what type of agency ~lill~tionship or representation you wish to have with the agent in the bansaction, SELLER'S AGENT A Seller's agent under a listing agreement with the Belier acts as the agent for the Seller only. A Sellers agent or a subagent of that agent has the following affirmative obligations: To the Seller: A Fiduciary duty of utmost care, integrity, honesty, and Ioya{~,/in dealing with the Sefier. To the Buyer and the Seller: (a) Diligent exercise of reasonable skill and care in performance of the agent's duties, (b) A duty of honest and fair dealing and good faith. (c) A duty to disctsse all facts known to the agent materially affecting the value or desirebi{ity of the properly that are not known to, or within the diligent affention and observation of, the parties. An agent is not obfigated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set forth above. BUYER'S AGENT A se~ling agent can, with a Buyer's consent, agree to act as agent for the Buyer only. In these sit~afiona, the agent is not the Seller's agent, even [f by agreement the agent may receive compensation for services rendered, either in full or in part from the Sefier. An agent acting only for a Buyer has the following affirmative obligations: To the Buyer; A fiduciar/duty of utmost care, integrity, honesty, and loyalty in dealings with the Buyer. To the Buyer and the Seller: (a) Diligent exercise of reasonable skill and care in performance of the agent's dufies. (b) A duty of honest and fair dealing and good faith, (c) A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the parties. An agent is not obligated to reveal to either par[,/any confidential information obtained from the other party that does not involve the affirmative duties set forth above. AGENT REPRESENTING BOTH SELLER AND BUYER A real estate agent, either acting directly or through one or more associate licensees, can legally be the agent of both the Seller and the Buyer in a transaction, but only with the knowledge and consent of both the Seller and the Buyer. In a dual agency situation, the agent has the following affirmative obligations to both the Sefier and the Buyer: (a) A fiduciary duty of utmost care, integrity, honesty and loyalty in the dealings w~th either Seller or the Buyer. (b) Other duties to the Seller and the Buyer as stated above in their respective sections. ~llfill~.~.lrepresenting both Seller and Buyer, the agent may not, without the express permission of the respedave part,/, disclose to the other par[y that the Seller ~ I a~cept a price less than the listing price or that the Buyer will pay a price greeter than the price offered. The above duties of the agent in a real estate transaction do not relieve a Seller or Buyer from the responsibility to protect his or her own interests. You should carefully read all agreements to assure that they adequately express your understanding of the transaction. A real estate agent ia a person qualified to advise about real estate, if tsgal or tax advice is desired, consult a competent professional. Throughout your real property transaction you may receive more than one disclosure form, depending upon the number of agents assisting in the transaction. The law requires each agent with whom you have more than a casual relafionship to present you with this disclosure form. You should read its contents each time it is presented to you, considering the relationship between you and the real estate agent in your specific transaction. This disclosure form includes the provisions of Sections 2079.13 to 2079.24, inclusive, of the Civil Code set forth on the reverse hereof. Read it carefully. I/~NE ACKNOWLEDGE RECEIPT OF A COPY OF THIS DISCLOSURE, BUYEPJSELLER Date ~e 10. 2003 Time ~]AM [~PM East Valley Water District BUYER/SELLER Date Time [] AM [] PM AGENT ,7'i~ CY~iz3o Rea.7. t~. Zz~c. By Date 06/10/2.003 THIS FORM SHALL BE PROVIDED AND ACKNOWLEDGED AS FOLLOWS (Civil Code §2079,14): When the listing brokerage company also represents the Buyer, the Listing Agent shall give one AD-11 form to the Seller and one to the Buyer, Whes Buyer and Seller are represented by different brokerage companies, then the Listing Agent ahall give one AD-11 form to the Seller and the Buyer's Agent shall give one AD-11 form to the Buyer and one AD-11 form to the Salter. BEE REVERSE SIDE FOR FURTHER INFORMATION The copyright laws of the United States (Title 17 U,S. Code) forbid the unauthorized reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. Copyright © 1991-2001, CALIFORNIA ASSOCIATION OF REALTORS~, [NC. ALL RIGHTS RESERVED. THIS FORM HAS BEEN APPROVED BY THE CALtFORNiA ASSOCIATION OF REALTORS~ (C.A.R.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER iS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE · ~hich may be used only by members of the NATIONAL ASSOCIATION O F RE^LTORS~ who subscribe to its Code of Ethics. REA[. ESTATE BUSINESS SERVICES, INC. Reviewed by B - I a subsidiary of the CALIFORNIA ASSOCIATION OF REALTORS~ Broker or Designee Date ~_~ 525 South Virgil Avenue, Los Angeles, California 90020 - £0u~ AD-Il REVISED 10/01 (PAGE 1 OF 1) DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIPS (AD-Il PAGE 1 OF CHAPTER 2 OF TITLE 9 OF PART 4 OF DIVISION 3 OF THE CIVIL CODE 2079.13 As used in Sections 2079.14 to 2079.24, inclusive, the following terms have the following meanings: (a) "Agent" means a pemon acting under provisions of title 9 {commencing with Section 2295) in a real property transaction and includes a pemon who is licensed as a real estate broker under Chapter 3 (commenmng with Section 10130) of Part 1 of Division 4 of the Business and Professions Code, and · "~der whose license a listing is executed or an offer to purchase is obtained, (b) "Associate licensee" means a person v/no is licensed aa a real broker or =.spemon under Chapter 3 (commencing with Section 10130) of Part t of Division 4 of the Business and Professions Code and who is either licensed ~llb,,~ler a broker or has entered rote a written contract with a broker to act as the broker's agent in connection with acts requiring a real estate license and to -1[inchon under the broker's supervision in the capacity of an associate licensee. The agent in the real property transaction beam responsibility for his or her associate licensees who perform as agents of the agent. When an associate licensee owes a duty to any principal, or to eny buyer or se{let who is not a principal, in a real property transaction, that duty is equivalent to the duty owed to that party by thebroker for whom the associate licensee fiJnctions. (c) "Buyer" means a transferee in a real property transaction, and includes a person who executes an offer to purchase real property from a seller through an agent, or who seeks the services of an agent in more than a casual, reliminary manner, with the object or entering into a real property transaction. "Buyer" includes vendee or lessee. I, either directly or through an associate licensee, as agent for both the seller and the buys confract between an owner of real property and an agent, by which the agent has been au "Listing agent" means a person who has obtained a listing of real property to act as an a pecified in the listing for which the seller is willing to sell the real specified in an offer to purchase for which the buyer is willing to euy written contract execut.ed by a buyer acting through a selling agent which becomes the contract for the ' the seller. ~' means am specified by subdivision (1) or (2) of Section 761 in ! exceeding one year's duration, and .6 of the Business and Professions Code. , fransaction" gent is employed by one or more of the principals to act in I nd includes ~ or an offer to purchase. (I) "Se refers to a transaction for the transfer of real property from the seller to the buyer, and includes ~nges 3f real property between the seller and buyer, transactions for the creation of a real properly sales confract within the meaning of Section 5, and transactions for the creation of a leasehold exceeding one year's duration. (rn) "Seller" means the transferor in a real property transaction, and includes an owner who lists real property with an agent, whether or not a transfer results, or who receives an offer to purchase real property of which he or she is the owner from an agent on behalf of another. "Seller" includes both a vendor and a lessor. (n) "Selling agent" means a listing agent who acts alone, or an agent who acts in cooperation with a listing agent, and who sells or finds and obtains a buyer for the real property, or an agent who locates property for a buyer or who finds a buyer for a property for which no listing exists and presents an offer to purchase to the seller. (o) "Subagent" me~ns a pe~on to whom an agent delegates agency powers as provided in Article 5 (commencing with Section 2349) of Chapter I of Tifie 9. However, subagent does not include an associate licensee who is acting under the supervision of an agent in a real property transaction. 2079.14. Listing agents and se[ting agents shall provide the seller and buyer in a real property transaction with a copy of the disclosure form specified in ~ Section 2079.16, and, except as provided in subdivision (c), shall obtain a signed acknowledgement of receipt from that seller or buyer, except as provided in this section or Section 2079.15, as follows: (a) The listing agent, if any, shall provide the disclosure form to the seller prior to entering into the listing agreement. (b) The selling agent shall provide the disclosure form to the seller aa soon as prac~cable prior to presenting the seller with an offer to purchase, unless the selling agent previoustyprovided the seller with a copy of the disclesure form pursuant to subdivision(a). (c) Where the selling agent does not deal on a face-to-face basis with the seller, the disclosure form prepared by the selling agent may be furnished to the seller (and acknowledgement of receipt obtained for the selling agent from the seller) by the listing agent, or the selling agent may deliver the disclosure form by certified mall addressed to the seller at his or her last known address, in which case no signed acknowledgement of receipt is required. (d) The selling agent shall provide the disclosure form to the buyer as soon as practicable prior to execution of the buyer's offer to purchase except that if the offer to purchase is not prepared by the selling agent, the selling agent shall present the disclosure form to the buyer not later than the next business day after ~e setting agent receives the offer to purchase from the buyer. ~1l~79.t 5 In any circumstance in which the seller or buyer refuses to sign an acknovdedgement of receipt pursuant to Section 2079.14, the agent, or an associate licensee acfing for an agent, shall set forth, sign, and date a written declaration of the facts of the refusal, 2079.17 (a) As soon as practicable, the seltthg agent shall disclose t,o the buyer and seller whether the selling agent is acing in the real property transaction exclusively as the buyer's agent, exclusively as the sellers agent, or as a dual agent representing both the buyer and the seller. This relationship shall be confirmed in the contract to purchase and sell real property or in a separate writing executed or acknowledged by the seller the buyer, andthe selling agent prior to or coincident with execution of that contract by the buyer and the seller, respectively. (b) As soon as practicable, the listing agent shall disclose to the seller whether the listing agent is acting in the real property transaction exclusively as the seller's agent or as a dual agent representing both the buyer and seller. This relationship shall be confirmed in the contract to purchase and sell real property or in a separate writing executed or acknowledged by the seller and the listing agent prior to or coincident with the execution of that confract by the seller. (c) The confirmation required by subdivisions (a) and (b) shall be in the following form. is the agent of (check one); [] the seller exclusively; or [] both the buyer and seller. (Name of Lis~ng Agent) is the agent of (check one): [] the buyer exclusively; or [] the seller exclusively; or (Name of Selling A4aent if not the same as the Listing Agent) [] both the buyer and seller. (d) The disclosures and confirmation required by this sec§on shall be in addition to the disclosure required by Section 2079.14. 2079.18 No selling agent in a teal properiy transaction may act as an agent for the buyer only, when the selling agent is also acting as the listing agent in the transaction. 2079.19 The payment of compensation or the ob~igafion to pay compensation to an agent by the seller or buyer is not neceesarity determinative of a pa~cu~ar agency relationship between an agent and the seller or buyer. A listing agent and a selling agent may agree to share any compensation or oommiesion paid, or any r~ght to any compensafion or commission for which an obligation arises as the result of a real estate transaction, and the terms of any such agreement shall not necessarily be determinative of a par~oular relationship. 2079.20 Nothing in this a~cie prevents an agent from selectthg, aa a condition of the agent's employment, a specific form of agency relationship not specifically prohibited by this article if the requirements of Secfion 2079.14 and Se~on 2079~17 are complied with. 2079.21 A dual agent shall not disclose to the buyer that the seller is willing to sell the property at a price less than the listing price, without the express written consent of the seller. A dual agent shall not disclese to the seller that the buyer is willing to paX a price greater than the offering price, without the express written consent of the buyer. This se~on does not alter in any way the duty or responsibility of a dual agent to any principal with respect to confidential information other than price. 207g.22 Nothing in this article precludes a listing agent from also being a selling agent, and the combination of these functions in one agent does not, of itself, make that agent a dual agent. '79.23 A contract between the principal and agent may be modified or altered to change the agency relafionship at any lime before the performance of ~ act which is the object of the agency with the written consent of the pa~es to the agency relationship. 2079.24 Nothing in this a~cie shall be construed to either diminish the duty of disclosure owed buyem and sellers by agents and their associate licensees, subagents, and employees or to relieve agents and their associate licensees, subagents, and employees from liability for their conduct in connection with acts governed by this a~cie or for anybreach of a fiduciary duty or a duty of disclosure FORM AD-11 Page 2 Te~00~4.Z~X TO: Bob Martin, Ge~f~l Manager ~ ~..~, From: Paul Dolter, Dis~ct Engineer; Ron Buchwald, Assistant District Engineer Date: 06/06/03 Re: S$C's request for retention reduction Attached is a letter from SSC requesting to lower the retention for the Plant 37 project from 7.5% to 5%. This is following SSC's request and District's approval of lowering the retention from 10% to 7.5% a few months ago. The project is nearing completion with the beneficial occupancy being June 27, 2003. The remaining work to completed after this date will be site clean up, final improvements to City of San Bernardino property and slope re-vegetation. Re-vegetation will not be performed until October, per the specifications, to allow the weather to assist and not deter the success of the growth of the landscaping. Also attached is a memo from Mark Van Dam of CDM recommending approval of SSC's request. Mark documents the status of the project and reasons for approving this request. After review of Mark's memo, Pan] and I concur with CDM's recommendation to reduce SSC's contract retention from 7.5% to 5%. SSC has performed exceedingly well on this project and deserves this retention rate. CONSTRUCTION, INC. May 20, 2003 East Valley Water District Attn: Mr. Ron Buchwald 1155 Del Rosa Ave. San Bemardino, CA 92410 Ref: Plant 37 Relocation Request for Reduction in Retention Dear Mr. Buchwald: As of the April, 2003 billing, SSC Construction, Inc. has completed 88% of the Plant 37 relocation project and we are progressing at a pace that is over 2 months'ahead of schedule. Those that will benefit from our progress will be the District and its constituents. As you know, the current retention withholding rate on this project is 7.5%. SSC Construction, Inc. is requesting that due to our efficiency and progress, the District reduce the amount of retention being withheld to 5%. Your consideration and granting of our request will be appreciated. Please contact me if you have any questions. Sincerely, Controller 909-278-1177, ext, 104 2073 Railroad Street o Corona, California 91720,909-278-1177 · Fax 909-278-2538, State Lic. No. 767170 Memorandum To: Ron Buchwa/d, EVWD Pau/ Do#er, EVWD From: Mark Van Dam, CDM Date: June 3, 2003 Subject'.Response to SSC Request for Retention Reduction CDM has received the letter from SSC Construction dated May 20, 2003, requesting a reduction in the retention withheld for the Plant 37 Relocation Project from the current 7.5% to 5%. I have reviewed this letter, and recommend that Eas~ Valley Water District reduce the retention to 5% as requested. As of the end of May 2003, SSC Construction has completed 92% of the work, for a total of just over 5 million dollars. They ara on track to meet the Beneficial Occupancy date of Jane 27, 2003, less than a month away. Most of the major milestones have been met, including testing of the pipelines and tank, backfilling, and most of the electrical wol'k. The only major milestone outstanding is the start-up and testing of the pumps. There is approximately 5450,000 dollars worth of work remaining on the project, most of which is paving, riprap, fencing and restoration. As of the end of May 2003, the total retention held by EVWD was a little over $580,000, clo~ to the value of the remaining work. $5C Construction has proven to be a diligent contractor, and I don' t believe there should be any concern as to whether or net they will complete the work in a timely manner. Given the small amount of work to be completed following Beneficial Occupancy, the project should be completed shortly thereafter with the exception of the hydroseeding, to be completed after October 2003. Based on the above, I recommend that East Valley Wate~ District grant $SC's request to reduce the retention from 7.5% to 5%. If you have any questions or comments, please don't hesitate to contact me. Sincerely,. Mark Van Dam 3850 E. ATLANTIC AVE. #39" .:. .. '" ".]~e'2, 2003. , S~ Bem~ino, · ' .: ' . · ' Rega~ng your.le~r of M~ch 3, 2003 ~d agreement Sent to u~,' M~N~,. ... '. ':" Duc~.o~ & MeNeal ~o ofB~bm Miller of ~m~ek,'Phlegof &. .' . "' ' ". H~sons pl~e find ~ agreement sign~:R0~od ~a amehOd. Y0u~l . " . yo~.m~l ~k some.gme:geffing'tOB~bm ~ilg~.~d,~shoffiy thero~ter, ~o' : .'.' :'.~. ". ': , . '~, ' . ' ' . '. ' '' . 'i ' ' .' ' ' ' ;'..' ',, ,' ."~' :. ,.,., . , , , . . ,.. , .~ ' , · ,,, -.' .,..':...'. ' ;his ma~Br . Ag~n, m~'~s fOr.yom h~lp ~d pafion~ in getting .,, ,' ~ ' :. for F~d MeNe~ ~d Jack, c .. .' . STOCK PITR~$E AGI~E1M~F, NT T[~[IS AGREF, M~NT is mt~ imo ~ of~e ~ ~ of ..... 2~, "E~'), ~ ~O~ E. DUC~OK~ (~C~ r~r~ to ~ ~U~WOR~, ~D M~BAL ~ SUS~ M~, ~d ~ ~ ~er ~ to as ~ ~), ~d THO~ H. Mc~, ~ ~d~ (h~ r~ff~ ~ ~ ~'~. W~ C~e ~on ~0 ~ ~q. E~ ~o~des ~ s~ce lo r~d~ co~, ~ Cr~k Wat~ Comp~ ~ ~e~ed to ~ "C~C"). E~ ~s the ~er of ce~ r~ pro~ Ioca~ ~ ~ Co~ of S~ B~no w~ch is more p~o~l~ly de~ ~ t~' to ~ ~ PROP~T~), ~d h ~e o~ ~d ~or ora ~ ~nv~ ~ id~ on the ~p ~ch~ ~o ~ E~b~1B ~d ~o~ her~ by t~s r~ ~ r~ed to ~ "~ SYST~'). B. DUCKWO~T~ t~~, ~d ~NE~ ~e ~di~s ~id~theCo~ ofS~ B~d~o, g~e of C~fo~ ~ ~ o~ a o~-t~ ~ h B8 sh~ of st~k ~ C~C (~ r~ to ~ '~ ST~. DU~WOR~ is ~ o~ of c~n ~ pmpe~es 1~ ~ ~e Co~ of S~ B~no, w~ ~e more p~l~ d~c~bed in the d~ts ~ ~o ~ E~blt C ~ ~o~ h~ ~ ~ r~ (h~ r~ C. CCWC is a privaIe corporation orl~anized and operating as a mutual water company i~orpora~cd and existing under the laws of the State of California. CCWC provides water service to hs shareholders at cost porman~ to ~he exerdsc of lt~ hislorical figbis to divert water from the Main City Creek Ditch. D. The purpose of fltis Agrceme~ is to set forth the terms and condillons under wlich EVWI) w~! acquire the STOCK from DUCKWORTI-I, the McNEALS, and Mcl~IEAL (hereinafter colleai, ely referred to as"rhe $I-IARrdtOLDE,V,S'9. NOW THI/RF~OI~, in conslde~ation of the preceding ReciTals and the mutual Covenants contahed herein, dm parries hereto asr~ as follows: Section 1. TRANSFER OF CCWC STOCK. For the consideration here/n provided and upon the terms and conditions set forth below, the SHAREHOLDERS shall trander the STOCK to EVWD, and EVWD ~ acquire the STOCK from the SHAREHOLDEI~,S, such that ]~Wl) shall obtnin full ownership or' all qhsres Of stOCk held by the SHAREHOLDERS in CCWC. This transaction shall be accomplished by the SHAREHOLDERS promptly delh/erin$ to I~V~/~/) all c4~./fi~ate~ representing the STOCK which shall be p~'oper[F endorsed for assignment and trnnqfer to EVWD. Thereafter, the SHAREHOLDERS shall immedinlaly renounco any interest, and resign from any potion, held in CCWC ~,a hereb~ agrees not to acquire any other stock of CCWC without the prior written consent of EVWD. The SHAREHOLDERS also knowingly relinquish, and hereby re!~ ltVV/D and CCWC from, any and all e. ln/ms against E~/~D ~ CCWC whlch a~e known er suspected to e~i~ including, but not ~ to, ril/l~ts to water from CCWC and any ~ of water right~ that are prior, paramount, and/or --2-- salxripr to CCWC and EVWD. S~ian 2. COMPENSATION FOR STOCK. As full consideration for the transfer of the STOCK to EVWD, EVWD agrees, subject to all of the conditions contained herein, to (a) pay the S~OLDERS the total ~ of $2~,000.00, (b) convey all right, title, end interest to the PROPERTY to DUCKWORTtL subject to the reservation of easements thereon in favor of EVWD of su/tlciant size and scope as deemed ~essmy by EVWD, and (c) permit DUCKWORTFI to use the SYSTEM (which _ehsll be maintainad by IiVWD except for portions thereof that have been or may be abandoned by EVWD) to convc'y water produced ~om the PROPERTY to the PARCEL for irrigation use thereon by DUCKWORTH, subject to any ~d ali conditions deemed necessary by EVWD. Section 3..,~Y$'JCI~M USE REh"TRICTIOI~IS_ Any obligation on tho part of EVWD under this Agreement shall be excused in the event that the performance thercofla interrupted for any oftha following reasons: dots, wats, sabotage, dvil disturbances, insurrection, explosion, court order, natural disasters such as floods, earthquakes, landslides, and fires, and other labor disturbane,~s and other ca~as~'ophi¢ events which are beyond the reasonable control of E~r~rD. Notwithstand/ng any other provision lo tho contrary, EVWD may suspend DUCKWORTH's use of the SYSTEM if the SHAREHOLDERS are in breach, default, or violation of this Agreement or any rule, relpgaIion, resolution, aad/or ordnance of EVWD that is curreotly in place or may herenfl~r be adopted,~s~ould adversely affect the exercise of EVWD's fights in the SYS'I~NI or the heahh, ~afety, or welfare of any customers of EV'WD and/or LOO'& ~}~$ ~ft ~ ~.~IN'~'I'IT~214 /,ilSU3$,I.¥fl Xgli, Iffgi~ 688188~ 606 ~':0I Upon transfer of title to the PROPERTY', DUCKWORTH shall be solely respons~le for the pa~'mcnt of all costs, fees, charges, rates, fines, penalties, ~axes, assessments, liabBilic% and hnposed in connection with the owan~hip, use, and maintcna~.o Se~'tion 5. ~ Q~ T~ ESSI~NCE. Tree is ot'~he essence in this Agreeme~, and the partie~ heine agree to proceed in good ~ wi~h due diligence, to complete all covenants and c~nd/tions set forth her~n and to p~rt'orm s~h thnher a~s as is ~ly necessary to effea'~te the puq~ose oftlis A~reemant. Section 6. T~X CONSIDI~-,RA.I1ONS. h is the deske of the part/es hea-~o, though not an express or implied condition of this Agret:me~lt, that the mutual conveyances contemplated ht~reln qualL~ as an 'ex~kange" within the meaning of.~e~ion 1031 of the Internal Revenue Code of 1989, Thus, for purposes ofa~y such exchange, the fair market values of the respective properS' interests i:ollv~ed ~ by the parties hereto shall be presumed to be equal. Section 7. NO RI~P.P,F~ENTATION OR 7.1. ~Property. It is expressly understood by th~ pa~ies hereto that lhe pb.ysical condli/on of the PROPHRTY is such that any transfer oft/tie the,,r~to ~o DUCk"WOP~TH shall be on aa es-is basis without any ~xpress or implied reprasantations or warranties concer~'n$ the PI~.OPERTY or its fitness for an~ particular purpose. ?.2. lYar~_. EV'WD does not make any express er implied represan~/ations or warrantles co~¢~rdng the SYSTEM or the quality, pressure, or teml~rature oftbe water produced lindner onto-tied b)' DUCKWORTH pursuit to th~ ~rms of this Agreement, or the manner i~ which the wat'r is -~do aw;1,hle, or ~ tithes for any particular purpose, and neither EVWD nor CCWC s~al] l~ held tiable fol' any lossem incurred or damages su~ained as a ~ or indirect result thereof. An~ water made available to DUCKWOKTI-I under this Agreem¢ilt shall not s~ve a.s glo basis or othm-wise support, any wat~' ~i~l~, claim that may be assc~ed by DUCL'~ORTH. Section 8. LIABIId-Ty FOR DAMAGI~S. Netthm'EVWD nor CCWC shall be held liable or respons~le for amy debts or clalmsthat may arise from the opera~ion of this Agreement, or for any dama$o clahns for injur~ to person, including the SHAREHOLDER8 and/or ',.h~r individual or joint officers, direciors, sha~holders, guests, b~Mtees, Izespass~'s, asen~s, contra~ors, co~ultants, and employees, or for property damage, from a~, cause arisin8 out of or in any way relaIed to the PROPERTY, tho PARCEL, the SYSTEM, and/or 61e SHAKEHOLDER~' obligalions hereunder. Semion 9. Section 9.1. Unlmown Claims. The SI-IAREHOLDERS hereby expressly waive and releas~ I~!,'SVD, CCWC, and ~hek respex~tivo age~s, officeim, director~ and cmploye~ ~rom any mid all liability for the claims, actions, and/or losses se~ forth in Section 8 above and for any cosls and exp~ses i~tcurred in coane~ioa therewilh. Thc SHAI~HOLDER~, notwkksiandinsthc provisions ~f Callt'ornia Civil Code § 1542, which provides as follows: "A Seaezal release do~s not extend to claim~ which the creditor did not know or suspect to exist in his or he~ favor at tho lime of the ex, aired relea~ which ~f k~own by hinl or her taus1: [lave materially affected his m' h~r setllemant with tbe debtor." expressly waive and relinquish all ~ighs and benefits afforded to the S~OLDERS ~heretmder mai und~ a~ azai all ~ laws of any state or tenitory of the United Stat~s with respe~ to the mlaims, adio~, and/or loses re. rmrancad above. This A~eement'shall a~t az a release of any claims tba~ may arise ~om the aforcmcmioned whether such c~ ~e ~e~ ~ ~ ~o~ T~ ~0~ ~d~d ~ ~o~ge ~c ~c~c aM co~s tach w~cr ~Ci~ ~c $1542 ~d ~e~ ~e f~ r~biS~ for ~ ~]u~ ~m~S~ Io~ Set,on 9,2. Fu~e CI~. ~s ~t s~ a~a rel~ of~y ~9, ~e ~ ~re~ ~ ~or~. S~on 10. ~. S~on 10.1. I~e~caflonbv S~HOLD~. ~c~or~c ~ or w~t ~sco~ct of E~D ~or C~C, ~e S~HO~S j~ ~d ~chold~9, ~d employ~ aS~, ~ hold th~ ~ee ~ ~ ~s ~ ~ ~ ~d ~iliti~ of ~ ~ ~f~ out ~, ~ ~ion ~t~ ~- r~l~ ~o~ ~y ~d gl a~ or ~ ~ a~s, ~nt~ors, ~t~ ~d employ~ ~ ~me~on ~ t~ ~ ~or o~p~ of ~ P~OP~, the P~ ~ SYS~ ~d the ~o~ o~ th~ ~ s~hold~s, ~d ~ploy~ ~om ~y ~s or ~om ~ law or ~ ~, ~ p~ ~1 ~ ~s ~d c~ f~s ~ff~ ~ ~m~on t~ ~ ~ ~e S~OLD~ j~y ~ ~c~ ~ ~ d~, ~, ~d hold E~ ~ ~C ~e~ tom ~ as~ ~ ~g~ ~ ~ ~mcl~ ~out limitago~ ~ r~le fe~ ~d dis~ of I _e gal comm4, ex'pen witaes.~s, and accoumants), nad ~ ~m~ble ~d u~le wnsequ ~ reg~d ~o th~ u~ oft~ ~ ~e o~afi~ offs A~ ~ physi~ condi6~ of ~e PROPEK~ ~d ~ P~ ~d the ~6~ ~Mua~ th~ ~ ~ ~ m~ious, ~or in ~olafion of ~ ~ ~mrc ~e~, ~ ~ !o~ laws (w~ ~d~ ~'~w, ~a~, ~e, r~o~ or o~). S~on 10.2. I ' i . Subj~ to S~on 10.1 offs ~ ~y ~d ~ ~ ~ ~ pro~o~ ~ ~sly prese~, ~ ~8 t~ sole or ~e ~isen~ or ~ll~ ~co~ of S~HOLD~, E~ a~e~ to ~ ~ ~ld t~ ~HOLD~ ~ ~m ~ clslms ~ fi~g~ o~ ~ ~8 out ~ ~d ~ ~s or o~ons on ~e ~ of ~, C~C, ~or ~ rc~e offic~ d~o~ a~en~ ~ ~ld~, ~d ~oy~ ~ ~on ~h the p~o~ ofth~r ~ons ~der ~ ~ ~d d~ t~ ~O~ ~ ~ ~ion t~ ~ pay ~ ~u~ ~s ~d ~u~ fees ~d ~ a r~t th~K S~on 11. ~E~. d~s, ~ow a~ or other fo~ of.~ in ~s ~d up~ t~ dce~ ~t ~ E~ ~ ~e ~sc ~ ~s sole ~on to pr~ ~e to toss or ~ ~S o~ ~ ~. Section 12. ~ nOli~e, lender, or delive~ff to be give~ hereunder by either p~t to the othnr shall be et~e~ted by petsonnl deliver/in writing or by registered or certified m~il. postal~e prepaid, return receipt requested, and shall be deemed commuv, ic~ted as of mailing or, in case of personal delivery, as ofactual receipt. Mailed notlees shail b~ addressed as set forth below, but each patty may chan~ its address by written notice in accordance with this Aweement: To EVWD: East Valley Water Dittrict P.O. Box 13427 1155 Del llosa Avenue Sa~ Bemardino, CA 92413 Attn: General Manal~er To gae SHAREHOLDERS: John E. Du~cwonh 3g$0 E. Atlantic, ~39 Itighland, CA 9~346 $~'tioa 13. DISPU'I~S. aay dispute or coatrove~sy arising out of, under, or in conr~aioa with, or ia r~4ation to ASxeeraeat, and an!t ameaameats th~ao, or tlm brea~h thereof; which is not resolved informally by laior mutual aSrcemem ofth~ parti~ bereto, shall be submitted to arbitration in accordaac~ wilt~ the Calii'omia Arbitration Act, Se.~ons 1250 through 1294.2 oft. he Code ofCi'vil Pro~.~luro. Thc cost of such arbili~iion shsll be paid blt the pa~i~s equally; however, the prevailing party in the a~?~alion shall be ~alitled to r~imburs~raent of its anomeys fees and other costs incurr~ in connection Section 14. ~. If a dispute arises which carmot be ~esolved by arbitrstioa, r~ardin8 the brea~b or ~ Ofth~ i~visions of this A~reemel~ the ~r~/nilin~ pa~ ther~'lll shall be otltitled tO m~zr all aIiorneys fees or other costs a~allyinaure, d in connection with reaohi~ a resolulion of tI~ ~ wt..thor or no~ a~ action, ciahn, or lawsuit is filed, In any action broul~t, tl~ entitlement to recover attorneys fee~ and costs will be considered an elen~'nt of costs and not of S~'tion 15. ~ .~t and ali provisions hendr ,1~1[ be jointly and s~verally b~ldh~ upon, and to tho b~r~n ot~ EVWD, CCWC, the SI-IAREHOLDEILS, and ~.~_'~ r~pec~iv~ halts, successors, This Al~reement may not b~ a.ssilp~ed to any i~clivid~al or entity, ~xcept as between EVWD and CCWC, without 'tho writ~n co~-~t of tho pailies h~reto. Section 17. I~rEGRATION This Agreeme~ constitutes the entre understanding of ~e part~es hereto with respe~ to mbject ma~ter hereof ~nd supersedes any and ~11 prier ~g~eements, whether oral or vaitt~n, between the pnrties tn ~onnection therewlth. This Agreement may not be ~n~nded unless in wdtin$ and signed b~ the parties her~o. Section 18. CAPTIONS. The c~ptions of se~ions and subsections of this Agreement are for r~erence only ~d are not to be construed ~n any way ~s a part of this Agreement. Sectio~ 19. INTERPRETATION AND ENFOR~. This A~reement s[mll not be construed against ~l~e party preparing it, but shn]l be construed ~s R'both l~trtles ~o'mtly prepared this Agreement ~md any uncertnhzty or ambiguity contained h~rein ~ ootbe h~tz~p~ed n~ ~ one p~. l~ail~e by tither part~ to enforce any provision of~nls ........................ ~lO'cl [~ ~g '~ ~,2N~"1301,I X~iS'cl~,T,,~¥fl }tOIi~!rl'/ft 6~B'~g~ 606 §~:Ol £00~,90'Nf~£ ,a. sjn~a~ or any waiver thereof by such party, ~ not ~msfimZe a ~ of ~d p~s ~ ~ ~o!~o~ of~e ~ or ~y o~ ~ or wn~ h~. ~s ~ ~ e~r~d ~ ~v~ ~ ~ ~r~c la~ ~ State ofCa~ ~ venue a~on brou~t W ~r~ ~or ~or~ ~y pro,ion ~ ~ ~mm~ ~ ~ f~ ~un !~ ~ ~ S~e of~a ~ in ~ j~l~on ov~ the PROP~TY. S~on 20. ~~. ~id, or ~or~, ~ r~ pro~ oft~s ~ s~ ~n~ue ~ ~ for~ ~d T~ ~cemcm ~y ~ ~ h ~o (2) ~p~cate ~1~ ~h ofw~ch to bo ~ o~. ~h ~di~ ~ ~s A~ on ~h~of a p~ ~r~o ~s ~d w~s ~t ~ or sheis ~y ~ d~y aut~d ~ ~w~ ~ ~ ~e~te on bc~f~ch p~. S~O~S ~ ~r~m ~d ~t t~ ~ ~e ~y ~ duly au~o~d ~ ta co~v~y ~W gl of the o~ship in~ ~ t~ ST O~ to E~ ~ ~pr~y /// /// -10- DI0'~ DDD~ ~ ~ X~q~2~I I~i$~ ~I~fl~ 688188~ 606 ~D:0I IN W1TItESS ~OF, the parties hereto have erased this A~rc~ment lo be executed by ~ ~resr.'~ve officers as of the date irst above wr~ten. EVIl/D: East Valley Water Disulct Donald D. Goodin, Pre,dent ATI'EST: LOCATION MAP /'" ~ll , ~'.o.~. SITE ~IGHLAND ^¥ VICINITY MAP VALENCIA &.V.W,D. I LOCATION M~4P V ¢ LEGAL DE$CRIPTI,O,N'. PARCEL A: TH~ WEST ~,~ OF TI-IE NORTK~A~ ¼0FTHE NORTblWEST ¼ OF sECTION 33, TOWNSHIP 1 NORTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN T/-~E CITY OF SAN BEKNARDrNO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA ACCORDING TO TH2E OFFICIAL PLAT TI-mREOF. PARCEL B; THE EAST 25 FEET OF TI-~ NORTHEAST ~ OF THE NORTHWEST ~A OF THE NOR'D'fW~ST OF SECT[ON 33, TOWNSHIP [ NORTH RANGE 3 WEST, SAN BERNARDINO MEtCIDIAN, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA. ACCORDING TO THE OFFICIAL PLAT THERBOF. PARCEL C; PARCEL NO. I OF PARCEL MAP 36?7 IN THE CiTY OF SAN BI/RNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AS PEP, MAP KECORDED IN BOOK 33, PAGES .~2 AND 53, OS PARCEL MAPS, IN Tr~ OFFICE OF THE COUI'CY RECOI~ OF SAm COUNTY. PARCEL D: PARCELS i. ~, AND 3 OF PARCEL ~ 3s93, IN THE CITY OF SAN BERNARDINO, coLrI-YOF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECOREDED IN BOOK 36, PAGES l i A~ 12, OF PARCEL MA~$, IN THE OFMCE OF THE COUSrTY RECORDER OF SAID COUNTY. PARCEL E: PARCEL 1, 2, AND 3 OF PARC[~L MAP 03 $6, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 104, PAGES AND ~ OF PARCl~L MAPS IN TH~ OFFICE OF TH]~ COLrNTY RECORDE!~. OF SAID COUlqTY. · jo.~,,":r, rl~ Al,i* ~i',: ," ' . . ..... ,, ...;..;: · · o .,...,-,: ,,,....~,..~.%:....-.?...,~.,-. ,: ',.'.{:'*; , :* R,l~f~i~ ';,d~;..C: I ....... ,; .,, .. . · ., ..... ,. ., . . .:7,~;~-~.l~.~'t ....... ....... ~.~l~ ': .... ~ ....,,, ... . . ,'mffil~ ,"%',, ',',, ' ~.'%..-' .~ ' .' o. ' ' . g. Oty 01' S~n ~IOlN TY ~AP Coun'h/of San '_?~,~r'~!ne NO SC.A~ Bemardino V 810'~ ~§# N~ ~ A~Mq30N A~SH3Z&M~ NDINR~Q 688188~ 606 9~:0I ~o0~,90'Nn£ May 30, 2003 Robert E M~hn, Gener~ East V~ley ~ater District .~" 1155 Del R0~a Avenue ' ' S~ Bern~lno, C~ r m 9241 Re: Victoria Development Oomp~y'-; P~k ~de Propers' De~ MrJ M~tin: ' I~ · This l~tter will co~m oU~':~eldph~ne con~ersafion':'e~her fbi's-week wherein;we confi~med:~at Victori~ Development Company i~ ~nterested rene~ng itd;:l l~se'0n ~e P~k ~'~de proper~ fo.r.:a'~lve~:mon~ term commehcin~auly 1,260~',~at 'a. monthly'rent of.~8;5~0,' o~;th~ .sine te~$~ ~d.~o~dia;ns ~s me' e~lierxleg~e ggre~ment~'b-~een the p~¢~ for me subiec~ ~ro~'~¢~ we 'ar6 ag~abte'td ~ei~ding ~'60-day option f~r,:¢a~-~V~lef'W~ter~Distdct ~n the e~en~~yourde~l~m~nt pl~ proceed m~re' ~aPidly ~ cu~e~tly &xpeeted We 'suggest ~e p~oceed by way of l~tf~ ag-~eement ~imp~y referencin~ ~e)~iier. iea~e agre'~meht 'that was in'effect:for sever~ :ye~s. PleaSe c~l ~e if you req~reany further information ~reg~ding our propose. ~ ~ a~her~ Counsel EC/sf 26569 Community Center Dr. * H{~hland,, CA 92346 · Offi~: (909) 864-8933 · FAX (909) 864-3370 ....... P.O. Box266 *- Patton, CA 92369 East Va~'~ey Water District To: Board of Directors .,~ From: Robert E. Martin ~ Date: June 5, 2003 Subject: Vacation Buy Back In accordance with my employment agreement with the District, I am requesting the buy back of forty (40) hours of vacation time to be paid as part of the next scheduled payroll. Yomc consideration of this request is appreciated. o z ~ 0 0 zzzz~zz ~z zz ooo o=~o oo~oo<Z~ ~ O~~Z~z ~o ~ z ~oZO~O~~ ~0 EAST VALLEY WATER DISTRICT DIRECTOR'S FEE AND EXPENSES REPORT DIRECTOR: DON GOODIN MONTH May, 2003 Meetin.qs Claimed: Board Meetin,qs (Dates) 13,27 Conferences and Other Meetin,qs Date: 7 Organization: PA 620 Law Location: CSUSB Date: s Organization: CoachellaTour Location: Coachella Date: 14 Organization: PA 620 Law Location: CSUSB Date: 15 Organization: Budget Workshop Location: Distdct Date: 19 Organization: special Districts Location: Clara's Restaurant Date: 21 Organization: PA620 Law Location: CSUSB Date: 28 Organization: Tour Plant 37 Location: Plant 37 Date: 29 Organization: Lunch w/Negrete Location: Tartan Restaurant TOTAL MEETINGS 10 X$125.00= $ 1~250.00 Personal Auto Date: 8 Function: CoachellaTour 180X.36 $ 64.80 Date: Function: Total $ 64.80 ~ Lod,qin,q Date: Function: Date: Function: Total $ - Meals (Receipts) Date: 19 Function: special Districts $ 28.00 Date: ' Function: Total $ 28.00 Other Date: Function: Date: Function: Total $ Total Directors Expenses $ 92.80 Total Directors Fees (Meetings) $ 1~250.00 Less Advance Payments Signed /~_ ~_.~ ,~ ~..~TAL DUE DIRECTOR $1,342.80 Approved Date of Board Meeting June 10, 2003 EAST VALLEY WATER DISTRICT DIRECTOR'S FEES AND EXPENSE REPORT DIRECTOR: ~, ! 4_ ~ Q,,~ MONTH OF: 'oard Meetings: . ~/~-~,, ~/z7 Conferences and Other Meetinqs Date: ~%//.s'- Organization /~,~ Description ~,,~'~,,._/ Date: ~J~,t Organization ~,~r,~ ,,,2¢ Description r¢,~,,,,,-~ ~,? Date: Organization Description Date: Organization Description Date: . Organization Description V Date: Organization Description Date: .Organization Description Date: Organization Description Date: Organization Description Date: Organization Description TOTAL # OF MEETINGS / 2_ @125.00 each $ ../2_¢o. ~ = Personal Auto: Miles x .325 per mile. $ Parking Fees $ .... Total Lodqings, Meals & Other: (Details on Back). Total Director's Expens'es $ ~o- __- ,~~,.,/¢~_~_- Totat Director's Meetings & Expenses $ '~'Signed . Less any Advance Payments $ O- _ Date of Board roval TOTAL DUE DIRECTOR $ I RELEASES OF LIEN JUNE 3,2003 ACCOUNT OWNERS PROPERTY AMOUNT NUMBER NAME ADDRESS OWED 1. 0140120-00 101.54 2. 0220067-01 110.61 3. 0541543-00 102.29 4. 0541543-00 75.09 5. 0720002-02+ 26.68 6. 0840820-00 51.38 7. 1010036-05 11.59 8. 1020162-08 180.04. 9. 1440522-03 96.07' 10. 1542110-00+ 18.00 TOTAL $ 773.29 - +PAID THROUGH TAX ROLLS Page 1 of 1 d~ddddddd d ~0000000 ~ ZZ 0000000 ~ ~ ~g~ooooooo ~ ~ .... ddddddd ~ ,,,~,~, .v~[ A%..'~:::'~:!~:'~'~A~odaLion of'the ~an Bem~wdino CotmL¥ ~ o/~.. z: ' .'% 8pe~ D~e~ Il~e · ~. ~eSt Y~lle~ ~ter ~stn~t ~s 'h~stm~ the ~une membersMp m~etm~ ~t El .~. · ~ R~neho Ve~d~ ~oy~] %st~ Golf Course m ~]to. .~- .~. down dm~er~,be.,serve& 'V' '~ ~ '~- 'V' Prvgram: ~ ~v be annvunce~ .g- :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: .g. '~' , RSVP to Bet~ Getz by June 9, 2003 '~' .~. ~' Telephone: 909-875-1804 Fax: 909-875-7284 .~. .~. ,~ P O Box 920 ~alto, CA 92377 .~. D~stnc~Ass0ciate Atten es ~:'~ ~':,,,, Entree /' ' ' 'V' ~ '""""' V' .~- .~. .~- .~. 'V- .g' W. REMINDER: There is a $2 surcharge per pe~on for reservations made after the deadline date and coming to the dinner meeting without having made rese~ations. You 3vill also be billed for the dinner if cancellation is not received PRIOR to the ~- deadline date. ,7- .~. '? 355 East Country Club Drive :Wi ,; ~:~ ~,~-~ ~..- 'v'.V. Rialto, CA;...: ~ :r/~iInterstate li5:1o 8~e~a Avenue:xSou~.~ on Siena Avenue to No~ '~" Riverside A~enue~ , .(sto¢~ si~);~ _ 'l~,og~ Riverside Avenue to Coun~ Club .? Drive ( a pp~m~ ~matel y ~ 2~*:~ es 2-~.~ le~ to golf course. · 7' ~ ~ ~..- '?' .~. .~,, .g. .V,, .~. .~,, .~. .~,, .~,, .~,, '~' ~2oq~ -- ' '~' '7' 'g- · V. .~. .V. .~. 'V' '~' '7' 'V' · V- .~. .~- .V. Memo To: All Employees From: Brian Tompkins CC: Robert Martin Date: 05/14/03 Re: District Logo The Board of Directors is contemplating a change to the District's logo in conjunction with the District's 50-year anniversary next year. Some ideas for the new logo have already been presented, but the Board welcomes input from the District employees and would like to encourage you to submit any ideas (illustrated) you have. They will review your submissions at the Board meeting on June 10, 2003~ so please turn them in to me by Friday, June 6, 2003. Also, if you would like to participate, please see me to review what has already been done. Thank you. · Page East Valley Water District EVWD ITl ITl