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HomeMy WebLinkAboutAgenda Packet - EVWD Board of Directors - 10/23/2001 East Valet' Water District 1155 DEL ROSA AVENUE, SAN BERNARDINO, CA REGULAR BOARD MEETING October 23, 2001 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 Tuesday 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 September 25, 2001. 4. Approval of Board Meeting Minutes for October 9, 2001. 5. Approval of Liens for Delinquent Water and Sewer Accounts. 6. Accounts Payable Disbursements: Accounts Payable Checks 9186598 through #186761 were distributed October 3-10, 2001 in the amount of $1, 177,716.44; Payroll Checks were distributed October 12, 2001 in the amount of$83,073.90. Total Disbursements for the period were $1,260,790.34. OLD BUSINESS 7. Radon Rule Update. (General Manager) 8. Draft 4 of the Task Force Agreement to form the Upper Santa Ana River WASH Land Management and Habitat Conservation Plant Task Force. 9. Discussion and possible action regarding the Parking Lot (10 acre site) lease agreement. 10. Discussion and possible action regarding the Lease Agreement between East Valley Water District and Highland Harvest Barn, LLC. 1 NEW BUSINESS 1 1 . Resolution 2001.25 — Accept Conveyance of Pipeline Easement from East-West Storage, LLC. 12. Discussion and possible action regarding Audit Report for fiscal year ending June 30, 2001 and 2000. REPORTS 13. October 2-12, 2001 - Releases of Lien for Delinquent Water and Sewer Accounts. 14. General Manager's Report 15. Oral Coimnents from Board of Directors CORRESPONDENCE 16. Correspondence from ACWA to Senator Boxer regarding legislation to be introduced on water infrastructure. MEETINGS 17. Economic Forecast Breakfast, November 30, 2001, Raddison Hotel, San Bernardino. CLOSED SESSION 18. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Initiation of Litigation pursuant to Government Code Section 54956.9(c) Two Potential Cases. ANNOUNCEMENT OF CLOSED SESSION ACTIONS ADJOURN 2 DRAFT SUBJECT TO APPROVAL EAST VALLEY WATER DISTRICT REGULAR BOARD MEETING SEPTEMBER 25, 2001 MINUTES The meeting was called to order at 2:00 p.m. by President Lightfoot. Director Negrete led the flag salute. PRESENT: Directors Negrete, Goodin, Lightfoot ABSENT: Directors Sturgeon, Wilson STAFF: Paul Dolter, District Engineer; Alberta Hess, Chief Financial Officer; Mary Wallace, Administrative Assistant. LEGAL COUNSEL: Steve Kennedy GUEST(s): Jo McAndrews APPROVAL OF AGENDA M/S/C (Goodin-Negrete) that the September 25, 2001 Agenda be approved as submitted. PUBLIC PARTICIPATION President Lightfoot declared the public participation section of the meeting open at 2:01 p.m. There being no written or verbal comments, the public participation section was closed. APPROVAL OF SEPTEMBER 11, 2001 BOARD MEETING MINUTES. M/S/C Goodin-Negrete) that the September 11, 2001 Board Meeting Minutes be approved as submitted. APPROVAL OF LIENS FOR DELINQUENT WATER AND SEWER ACCOUNTS. The Chief Financial Officer noted that the owner of property at 6668 Pradera Ave., 7555 Elmwood Road, and 7518 Olive Tree Ln. had paid the account and should be removed from the lien list; that the lien for the property at 28508 Wisteria Ln. was being redone and should be removed from the lien list. 'I~I/S?C (G60-din-Neg~te) tfih~ fl~e liens f0r-d~iinqu~nt ~at~r and sewer a-c6~fints be approved for processing with the exceptions noted by the Chief Financial Officer. DISBURSEMENTS M/S/C (Good[n-Negrete) that General Fund Disbursements #186297 through #186448 distributed September 6-13, 2001 in the amount of $911,151.71 and Payroll Checks distributed September 14, 2001 in the amount of $76,819.42, totaling $987,971.13 be approved. RADON RULE UPDATE A copy of a response letter to Congressman Lewis from Administrator Christine Todd Whitman, USEPA, regarding the proposed regulation for radon in drinking water was submitted for review. Information only. DISCUSSION AND POSSIBLE ACTION REGARDINGTHE DISTRICT AS HOST FOR THE ASSOCIATION OF THE SAN BERNARDINO COUNTY SPECIAL DISTRICTS' MONTHLY MEMBERSHIP MEETING IN 2002. Action on the item to consider hosting a membership meeting for the ASBCSD was deferred to the October 9, 2001 Board Meeting. Information only. SEPTEMBER 5-18, 2001 RELEASES OF LIEN FOR DELINQUENT WATER AND SEWER ACCOUNTS. List of liens released on September 5-18, 2001 was reviewed. Information only. REPORT FROM AWWARF REGARDING THE USE OF GRANULAR ACTIVATED CARBON TO TREAT PERCH LORATE-CONTAMINATED GROUNDWATER. Information only. GENERAL MANAGER'S REPORT Jo McAndrews stated that the Highland Senior Center suggested that the District sponsor their October 31st, Halloween, luncheon and provide six (6) persons to assist with the service. Information only. 2 Minutes:09/2$/OI ORAL COMMENTS FROM BOARD OF DIRECTORS. Director Negrete stated that he was still attempting to coordinate the meeting with the Mayor to discuss the Patton Station Golf Course Project. Information only. Director Lightfoot stated that he would be unavailable from September 28, 2001 until October 10, 2001. Information only. There being no further verbal or written comments from the Directors, this section of the meeting was closed. CORRESPONDENCE REGARDING THE "WASH PLAN". Information only. ACWA-USA "SHAPING OUR ENERGY FUTURE" WORKSHOPS: DATE: TIME: PLACE: SEPTEMBER 26, 2001 8:30 A.M.-12:30P.M. SANTA CLARA SEPTEMBER 27, 2001 8:30 A.M.-12:30P.M. TEMECULA OCTOBER 2, 2001 8:30 A.M.-12:30P.M. FRESNO OCTOBER 9, 2001 8:30 A.M.-12:30P.M. FAIRFIELD Information only. DWR WATER EDUCATION COMMITTEE MEETING, OCTOBER 2 & 3, 2001, SACRAMENTO, CA.. Information only. WRI SECOND ANNUAL CONFERENCE, OCTOBER 18-19, 2001, CALIFORNIA STATE UNIVERSITY. Information only, WESTCAS FALL CONFERENCE - OCTOBER 24-26, 2001, TUCSON, ARIZONA. Information only. DISCUSSION AND POSSIBLE ACTION REGARDING THE PATTON PROPERTY GOLF COURSE PROJECT. Legal Counsel stated that the General Manager was developing costs of water to irrigate the Golf Course; that the plan is for EVWD to control the three (3) wells on the property and that Welt #10 would be used to irrigate the Golf Course; the cost to irrigate has been estimated at approximately $100,000.00 annually to be paid by CIS; that a general meeting wili be at EVWD on October 11, 2001 at 11:00 a.m.; Legal Counsel will notify Noorigian's office of the established date for the meeting. Information only. 3 Minutes:09/25/O1 V DISCUSSION AND POSSIBLE ACTION REGARDING THE LEASE AGREEMENT ON THE TEN ('10) ACRE SITE. Legal Counsel suggested several remedies to the Lease Agreement between Harvest Farms and EVWD. An Ad-hoc committee comprised of Directors Lightfoot and Goodin will meet to discuss those options and bring back suggestions to the full Board. Information only. ADJOURN The meeting was adjourned at 2:25 p,m. Glenn R. Lightfoot, President Robert E. Martin, Secretary 4 Minutes:09/25/O I DRAFT SUBJECT TO APPROVAL EAST VALLEY WATER DISTRICT REGULAR BOARD MEETING OCTOBER 9, 2001 MINUTES The meeting was called to order at 2:00 p.m. by Vice President Goodin. Director Negrete led the flag salute. PRESENT: Directors Wilson, Negrete, Sturgeon, Goodin ABSENT: Director Lightf'oot STAFF: Robert Martin, General Manager; Mary Wallace, Administrative Assistant. LEGAL COUNSEL: Steve Kennedy GUEST(s): Jo McAndrews, Jim Cimino APPROVAL OF AGENDA M/S/C (Sturgeon-Wilson) that the October 9, 2001 Agenda be approved as submitted. PUBLIC PARTICIPATION Vice President Goodin declared the public participation section of the meeting open at 2:02 p.m. There being no written or verbal comments, the public participation section was closed. APPROVAL OF SEPTEMBER 25, 2001 BOARD MEETING MINUTES. Approval of the September 25, 2001 Board Meeting Minutes were deferred to the October 23, 2001 Board Meeting due to the absence of Directors who were present at the September 25th Board Meeting. APPROVAL OF LIENS FOR DELINQUENT WATER AND SEWER ACCOUNTS. The General Manager noted that the owner of property at 25352 Eureka 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 with the exception noted by the General Manager. DRAFT FINANCIAL STATEMENT FOR PERIOD ENDING JULY 31, 2001 was presented to the Board for review and acceptance. M/S/C (Sturgeon-Negrete) that the Draft Financial Statement for period ending July 31, 2001 be accepted. DISBURSEMENTS M/S/C (Sturgeon-Negrete) that General Fund Disbursements #186449 through #186597 distributed September 20-26, 2001 in the amount of $399,472.67 and Payroll Checks distributed September 28, 2001 in the amount of $83,686.87 totaling $483,159.54 be approved. RADON RULE UPDATE The General Manager reported on the District's progress with the Rule to date; distributed a "Radon Rule Briefing" report which was being delivered to various support groups in Washington D.C. Information only. DISCUSSION AND POSSIBLE ACTION REGARDING THE DISTRICT AS HOST FOR THE ASSOCIATION OF THE SAN BERNARDINO COUNTY SPECIAL DISTRICT'S MONTHLY MEMBERSHIP MEETING IN 2002. No action was taken on this item. DISCUSSION AND POSSIBLE ACTION REGARDING THE LEASE AGREEMENT ON THE TEN (10) ACRE SITE. The Board requested that the appointed ad-hoc committee (Don Goodin and Glenn Lightfoot) meet to discuss the various options and possible remedies of the lease agreement on the ten (10) acre site and bring back those suggestions to the full Board at the next regular meeting. Information only. DIRECTOR'S FEES AND EXPENSES FOR SEPTEMBER 2001 were presented to the Board for approval. M/S/C (Wilson-Sturgeon) that the Director's fees and expenses for September 2001 be approved. 2 Minutes: 10/09/0l DISCUSSION AND POSSIBLE ACTION REGARDING REQUEST FOR PROPOSALS FOR ARCHITECTURAL SERVICES IN SUPPORT OF DEVELOPING A PRELIMINARY DESIGN AND COST ESTIMATE FOR CONSTRUCTING THE DISTRICT'S FACILITIES. The General Manager presented a draft "Request for Proposals" for architectural services for the construction of District facilities and requested guidance on the appointment of a selection committee. M/S/C (Wilson-Sturgeon) that the District proceed with the "RFP" and that Directors Negrete and Wilson participate in the selection committee, DISCUSSION AND POSSIBLE ACTION REGARDING AUCTIONING DISTRICT'S POOL VEHICLE #24 AS SURPLUS. A memo recommending that District Vehicle #24 be auctioned as surplus was submitted to the General Manager. M/S/C (Sturgeon-Wilson) that District Vehicle #24 be auctioned as surplus. OFFICIAL BALLOT FOR THE SAN BERNARDINO CHAMBER OF COMMERCE BOARD OF DIRECTORS WAS SUBMITTED FOR DISCUSSION AND POSSIBLE ACTION. M/S/C (Sturgeon-Negrete) that the seven proposed directors on the ballot be approved. SEPTEMBER 19 - OCTOBER 1, 2001 RELEASES OF LIEN FOR DELINQUENT WATER AND SEWER ACCOUNTS. List of liens released on September 19 - October 1, 2001 was reviewed. Information only. JUNE INVESTMENT REPORT. The June Investment Report was reviewed. Information only. GENERAL MANAGER'S REPORT The General Manager reported on District operations to date; that there would be a meeting at RAMS this week to review the Audit Report; that a date of November 8th had been set for the "North Fork" tour; that the District had received carls expressing security concerns about the upcoming District Tour for EVVVD customers on October 17th; reminded ali of the WRI Conference on October 18 and 19 at Cai State and that Senator Feinstein would be replaced as a speaker on the 18th; that an entourage from Minutes: 10/09/01 Waco, Texas would be in town on October 18th; that a commitment had been made at the Highland Senior Center for District participation on October 31st. Information only. ORAL COMMENTS FROM BOARD OF DIRECTORS. Director Negrete stated that he and the General Manager had met with Mayor Valles to talk about the Patton Golf Course and received positive reactions from the City regarding the project. Information only. Director Wilson stated that he felt privileged to have received a very informative tour from Mr. Tom Crowley regarding Basin de-watering project. Information only. Director Goodin announced that he would be going back to school to obtain his second Master's Degree and questioned whether a Director would be eligible for educational assistance from the District. Information only. There being no further verbal or written comments from the Directors, this section of the meeting was closed. CORRESPONDENCE FROM SENATOR BARBARA BOXER REGARDING THE "CALIFORNIA AFFORDABLE QUANTITY & QUALITY WATER ACT". Information only. CORRESPONDENCE FROM THE CITY OF HIGHLAND IN APRECIATION FOR THE WATER DONATION FROM EV~VD FOR A BICYCLE SAFETY RODEO CONDUCTED BY THE SHERIFF'S HIGHLAND STATION. Information only. CORRESPONDENCE FROM WATER EDUCATION FOUNDATION EXPRESSING THEIR APPRECIATION FOR THE BOTTLED WATER THAT THE DISTRUCT PROVIDED THEM FOR THEIR SOUTHERN CALIFORNIA GROUNDWATER TOUR. Information only. ASBCSD MEMBERSHIP MEETING -PGA OF SOUTHERN CALIFONRIA GOLF CLUB, CALIMESA, OCTOBER 15, 2001. Information only. CSDA LEGAL FORUM: November 7, 2001 November t4, 2001 Sacramento Convention Center Ontario Convention Center Information only. ACWA and SDI JOINT WORKSHOP PLANNED FOR MANAGERS, TOWN and COUNTRY RESORT & CONVENTION CENTER, SAN DIEGO, NOVEMBER 27, 2001. Information only. 4 Minutes: I 0/09/01 CLOSED SESSION M/S/C (Wilson-Negrete) that the meeting adjourn to Closed Session. The Board entered into session at 3:15 p.m. as provided for in the California Open Meeting Law, Government Code Section 54945.9(a), to discuss those items listed on the Agenda. ADJOURN TO REGULAR SESSION M/S/C (Negrete-Wilson) that the meeting adjourn to regular session. ANNOUNCEMENT OF CLOSED SESSION ACTIONS The Board returned to session at 3:40 p.m. The items listed on the Agenda were dis- cussed in dosed session with no reportable action being taken except with reference to: Item #24 - Authorize the General Manager and Jim Cimino to proceed with negotiations for property acquisition. Item #27 - Authorize the General Manager to execute submittal of comments to FERC in response to the Environmental Assessment process. ADJOURN The meeting was adjourned at 3:45 p.m. Donald D. Goodin, Vice President Robert E. Martin, Secretary 0/09/01 East Va ey Wate istrict M~_~OI~a~TD U~ TO: BOARD OF DIRECTORS FROM: ALBERTA M. HESS / CHIEF FINANCIAL OFFICER SUBJECT: DISBURSEMENTS DURING THE PERIOD OCTOBER 3, 2001 THROUGH OCTOBER 10, 2001 CHECK NUMBERS 186598 THROUGH 186761 IN THE AMOUNT OF $1,177,716.44 WERE ISSUED. PAYROLL CHECKS WERE DISTRIBUTED IN THE AMOUNT OF $83,073.90 ON OCTOBER 12, 2001. TOTAL OF ACCOUNTS PAYABLE DISBURSEMENTS AND PAYROLL FOR THE PERIOD - $1,260,790.34 SAN BERNARDINO VALLEY WATER CONSERVATION DISTRICT[ 1630 Redlands Boulevard, Suite A, Redlands, CA 92373 Voice: 909-793-2503; Fax: 909-793-0188; email: info~sbvwcd.dst.ca.us DATE: October 5, 2001 TO: Wash Committee PAC and TAC Member (See Distribution List) SUBJECT: Draft 4 of the Task Force Agreement During the PAC meeting on October 3, 2001, the PAC (with TAC members) reviewed Drafts No. 3A and No. 3B of the Task Force Agreement. The Committee directed that Draft 3B be modified to reflect a Project-level EIR/EIS had been accepted by the Committee, and distribute a new draft for the Wash Committee members to obtain approval from their respective agencies. The members committed to obtaining that approval within the next 30 days. Draft No. 4-Redline and Draft No. 4-Clean of the Task Fome Agreement are attached. Draft 4- Redline highlights the changes directed by the PAC. Draft 4-Clean includes those changes but does not highlight them. Therefore, if you need to make copies for your approving body or person, you may do so from the 4-Clean version. I have not included the Executive Summary of the Proposed Land Management and Habitat Conservation Plan due to the color maps, and the fact that each agency should already have those. However, if you need extra copies, please let me know. Please let me know as soon as possible when your agency plans to obtain approval. If you desire for me to be present at any meeting or discussion, I will be pleased to work that into my schedule. I extend my thanks to everyone who has worked on the Task Force Agreement during the past year. It has been a long and arduous process, but with concurrence now on the Agreement, we will be able to move forward with the project. Respectfully General Manager Enclosures: Draft Task Force Agreement No. 4-RedIine and 4-Clean SANTA ANA RIVER WASH AREA CooRDINATED PLANNING ACTIVITIES COMMITTEE LIST OF COMMITTEE MEMBERS (October 5, 2001) Policy Action Committee Member Alternate U.S. Bureau of Land Management Jim Kenna Danella George City of Highland Larry Brown Ray Rucker City of Redlands Gary George Casey Haws County of San Bemardino Dennis Hansberger Steve Wilson Water Conservation District Jack Woodbury, Chair Melody Henriques Technical Advisory Cormnittee Bureau of Land Management Elena Misquez Tom Gey City of Highland Steve Walker Rick Hartmann City of Redlands John Jaquess Jeff Shaw County of San Bemardino Randy Scott County Flood Control District Dave Lovell Ken Miller U. S. Fish & Wildlife Service JeffNewman / P.J. White Nancy Ferguson California Dept of Fish & Game Glenn Black / Robin Maloney-Rames / Kate Kramer U. S. Army Corps of Engineers Hayley Lovan Pam Castens U. S. Army Corps of Engineers Kevin Thomas Joe Evelyn MWD of Southern California Jay Arabshahi Orange Co Planning Dept Mike Wellborn Dept of Water Resources (S.C) Saloman Miranda Charles White San Gorgonio Pass Water Agency Steve Stockton CALTKANS Patty Romo East Valley Water District Bob Martin Paul Dolter Robertson% Ready Mix, Ltd. Rich Robertson Craig Phillips CEMEX, USA Christine Jones Marty Dems Water Conservation District Bumell Cavender, Chair Chris Bahnsen/ Walter Christensen Other Invitees East Valley Resource Cons District Vi Slade Inland Valley Development Auth Alex Estrada City of San Bemardino Water Dept Bernard Kersey Bill Bryden County Regional Parks Dept Tom Potter San Bemardino Valley MWD Sam Fuller Randy VanGelder DRAFT 4 - REDLINED AGREEMENT TO FORM THE UPPER SANTA ANA RIVER WASH LAND MANAGEMENT AND HABITAT CONSERVATION PLAN TASK FORCE THIS AGREEMENT is made effective this __ day of , 2001, by and between the following entities (hereinafter individually referred to as a "Party" and collectively referred to as the "Parties"): CEMEX CONSTRUCTION MATERIALS, SAN GORGONIO PASS WATER INC. CCEMEX") AGENCY ("SGPWA") ROBERTSON'S READY MIX, LTD EAST VALLEY WATER DISTRICT ("ROBERTSON'S") ("EVWD") CALIFORNIA STATE DEPARTMENT OF REDLANDS UTILITIES DEPARTMENT WATER RESOURCES ("DWR") ("RUD") UNITED STATES BUREAU OF LAND COUNTY OF SAN BERNARDINO ("SAN MANAGEMENT ("BLM") BERNARDINO COUNTY") UNITED STATES FISH AND WILDLIFE SAN BERNARDINO COUNTY FLOOD SERVICE ("USFWS") CONTROL DISTRICT ("SBCFCD") CALIFORNIA STATE DEPARTMENT OF COUNTY OF ORANGE ("ORANGE FISH AND GAME ("DFG") COUNTY") CITY OF HIGHLAND ("HIGHLAND") SAN BERNARDINO VALLEY WATER CITY OF REDLANDS ("REDLANDS") CONSERVATION DISTRICT ("SBVWCD" OR "CONSERVATION DISTRICT") RECITALS This Agreement is entered into on the basis of the following facts, understandings, and intentions of the Parties: A. Representatives of numerous agencies, including water, mining, flood control, resource management and conservation, and municipalities, formed the Santa Aha River Wash Area Coordinating Planning Activities Committee ("Wash Committee") to address local mining issues and other land functions on the Upper Santa Aha River Wash ("Wash"). A Policy Action Commi~ee ("PAC") was subsequently established, consisting of elected officials from San Bernardino County, Highland, Redlands, and the Conservation District, as well as the Field Manager of the BLM. A Technical Advisory - Committee ("TAC") was also formed with representatives from the PAC agencies, and ~' other water, mining, flood control, and resource protection interests. B. The Wash Committee examined the most appropriate manner in which to use the Wash for the benefit of all landowners without regard to preexisting planning of the Wash or current land ownership. Ultimately, the Wash Committee determined that there should be a balance of land uses to accommodate the needs of mineral extraction, water conservation, habitat protection, and municipal infrastructure requirements (i.e. utilities, trails, etc.). To achieve land use balance, current land uses must be reassigned to better accommodate mineral extraction, water conservation, and habitat. To effect such change, an exchange of existing land ownership between BLM and the Conservation District, and a transfer of leasehold interests between the mining companies and the Conservation District will be required. C. The TAC reached a general consensus in early 2000 regarding the designation of specific areas of the Wash for the desired uses. The result of this multi- jurisdictional effort was the creation of a proposed Land Management and Habitat Conservation Plan for the Upper Santa Ana River Wash ("Concept Plan"). The Concept Plan establishes the framework for balancing ongoing and future land activities proposed for the Wash Planning Area ("WPA"), including habitat protection areas and recreational trail alignments. The Concept Plan was reviewed and endorsed by the governing boards and/or officials with approval authority from each of the Parties. D. Each of the Parties have found and determined that it is in their best interests to join together to: manage activities in connection with the necessary refinements, environmental review, and implementation of the Land Management and Habitat Conservation Plan (collectively the "Project"); provide an equitable cost-sharing mechanism for the funding of the Project; and, define the projected schedule and scope of work to execute the Project. E. The Parties hereto now enter into this Agreement to establish a Task Force, consisting of a representative from each party, to oversee and administer the preparation of plans, environmental review documents, public notices and hearings, and other activities requisite to the formulation and, if adopted, execution of the Project. F. In entering into this Agreement, the Parties reserve their discretionary authority with regard to the execution of the Project, including but not limited to any land use and planning authority under state and local law, authority, designated under the Surface and Mining Recovery Act ("SMARA"), and CEQA approval of their own discretionary decisions executing the Project. TERMS & CONDITIONS SECTION 1: DESCRIPTION OF PROJECT. The Project to be undertaken by the Task Force consists of all of the following: A, Refinement and expansion of the Concept Plan to develop the Component Plans of a "Land Management and Habitat Conservation Plan for the Upper Santa Aha River Wash" ("Plan"), which includes the following: 1. A Mining and Reclamation Plan under the Surface Mining and Reclamation Act ("SMARA") designatinq Dcslg~,ction cf the areas as generally depicted in Exhibit "A" to be devoted to sand, gravel, and mineral extraction and the terms and d~nditFdns"Q rider whii;h-S'nCh 'extractio n-may proceed ;-which~vill-be provided by-GEM EX and Robertson's to the appropriate municipality, Highland or Redlands, for review and approval; 2. A Water Conservation Plan, which describes the scope, extent, and location of water diversions, conveyance, spreading, and monitoring activities, which will be provided by the Conservation District; 3. A Recreation Plan, which coordinates the planning and development of trails, parks, and public recreation areas, which will be provided by Conservation District, San Bernardino County, Highland, and Redlands; 4. An Infrastructure Plan, which describes the location of pipelines, utility corridors, roads, highways, and communication facilities, which will be provided by the Conservation District, EVVVD, Highland, Redlands, and DWR; 5. A Habitat Protection Plan will be provided by the Conservation District to identify habitat areas that may be considered to protect threatened and endangered species at such time as other activities within the Wash are presented to the appropriate agency for entitlements, approvals and/or land use permits; and 6. A Flood Control Plan, which describes flood control facilities/activities including detention and retention basins, drains, and storm water conveyance facilities, which will be provided by SBCFCD. B. Preparation of preliminary documents necessary to conduct an environmental analysis, including the following: 1. A Project Description for the environmental analysis based on the Component Plans described above; 2. Alternative land balancing plans to be studied in the environmental analysis; 3. A plan outline, including actions, required funding, and the administrative or legislative measures needed to implement the Project, which will be known as the Implementation Action Plan; and 4. A draft agreement to execute the Implementation Action Plan, which will be known as the Implementation Agreement. - C. Preparation of a~n ~EIR/EIS for implementation of the Plan, including a mitigation monitoring plan, based on the Component Plans in A above, and the preliminary documents in B above. D. Completion of a proposed land exchange between BLM and Conservation District. BLM, working with the Conservation District, shall undertake activities to assess, and if appropriate, implement by way of a Memorandum of Understanding or other appropriate-instrument-with-the Conservatien.- District~-a- lan61.-exchange,--The- assessment and potential implementation of the land exchange will analyze whether portions of property currently owned by BLM can feasibly and beneficially be exchanged for portions of property owned by the Conservation District. E. Preparation of the implementation documents based on the completed Pro,3rs,,m EIPJEIS, including the following: 1. A certification of the EIR and record of decision for the ElS; 2. An Implementation Action Plan; and 3. A Habitat Conservation Plan, including a programmatic Section 10a Take Permit. F. Task Force submit the Program EIR/EtS, Implementation Action Plan, and Habitat Conservation Plan to the appropriate agencies for their action and, if adopted, subsequent implementation. The, ~,,.~,,,,,, ...... EIR/EIS shall not be certified by the Lead Agency until it has been approved by Highland and Redlands. SECTION 2: CREATION OF THE TASK FORCE, There is hereby created a task force that shall be known as the Upper Santa Ana River Wash Land Management and Habitat Conservation Plan Task Force ("Wash Task Force" or "Task Force"). The Task Force shall oversee and direct preparation of the Project and shall be comprised of regular and advisory members as follows: A. R_Aeqular Members. Each Party who contributes financially to fund the Project in accordance with Exhibit "B" to this Agreement, as may be amended from time to time, or contributes with in-kind services that result in a product for use by the Task Force commensurate with the level of contribution identified in Exhibit "B," shall be deemed a Regular Member of the Task Force. Any dispute regarding whether "in kind" services contributions by a Party entitles such Party to status as a Regular Member shall be submitted to all then- existing Task Force Regular Members, and will be decided by a majority vote of the Task Force Regular Members. Each Regular Member shall be entitled to appoint two (2) representatives to the Task Force concurrently with the execution of this Agreement. Each Regular Member shall appoint (1) representative to oversee and contribute to the technical/staff aspects of the Task Force's work, and one (1) member of the legislative body, Board of Directors, or other body with ultimate decision making and policy making authority for the Regular Member, who shall be the voting member of the Task Force. Notwithstanding that each Regular Member shall have two (2) representatives to the Task Force, each Regular Member shall have and exercise only one (1) vote. The identity of each of the appointed representatives from each respective Party shall be promptly communicated to the Project Manager. Appointed representatives to the Task Force shall serve at the pleasure of the governing body of the respective appointing Party, and may be removed by them at any time, with or without cause; provided, h o~, t~Ea~t~--p~i e%-- ~En-6~/l~-d g~fi-d--~ ~ fe-e-t h-e~-fl¥~r~it~-~ f ~f e~-~-t~t io ~ ~.~ ..t h_e Task Force is important to the overall effectiveness of the Task Force, and the Parties further agree to ensure such continuity whenever possible. B. Advisory Members. 1. Any member of the TAC, which is not a Regular Member of the Task Force, and any other public or governmental agency, may with the approval of a majority of the Regular Members of the Task Force, designate representatives as non- voting advisors to the Task Force ("Advisory Members"). The Task Force will formally recognize these Advisory Members and ensure all materials and products of the Task Force are provided to the Advisory Members. A list of Advisory Members will be maintained by the Project Manager. 2. DWR, DFG and USFWS are hereby designated as Advisory Members to the Task Force. 3. Advisory Members may be admitted as Regular Members, with voting privileges, with approval by a majority vote of Regular Members of the Task Force. C. Function. 1. The Task Force shall oversee and direct the preparation of all of the component elements of the Project. 2. The Task Force shall assist in the selection of a consultant to assist in planning and implementing the Project ("Consultant"). The Consultant selected must be acceptable to the Federal lead agency. 3. The Task Force shall meet periodically for the purpose of reviewing and evaluating the work product of the Task Force and the Consultant. 4. The Task Force shall administer this Agreement, subject to the reserved right of each of the Parties to approve their respective financial appropriations to Task Force budgets. 5. The Task Force shall propose contribution levels for each Party, subject to Section 4.D. herein. The contribution level for each Party shall initially be those set out in Exhibit "B" hereto. · 6. The Task Force shall, in consultation with the Consultant, prepare · and adopt a project schedule ("Project Schedule"). When completed, the Project Schedule will be circulated among all Regular and Advisory Members, and will be maintained by the Project Manager. D. Committees. .............. The--T~ask-Force- may-estab{is h- working ~ommittees-,-which shall -be~lesignated ...... from a pool of Regular and Advisory members who shall be selected by and serve at the pleasure of the Task Fome. E. Desiqnation of Officers. The Task Force shall designate and appoint one of its representatives to act as Chair and another of its members to act as Vice-Chair, both of which shall be selected from the pool of Regular Members. The Conservation District shall perform the functions of project administrator, including secretarial and treasurer duties. F. Meetings Regular meetings of the Task Fome shall be held at the Conservation District offices, or such other place as may be agreed upon by the Task Force. At the first meeting, the Task Fome shall provide for the time and place of its regular meetings. Special meetings may be called at the request of the Chair or of a majority of Regular Members to the Task Force. A majority of Regular Members of the Task Force shall constitute a quorum for the purposes of transacting business. Except as otherwise provided herein, all actions of the Task Force shalt be passed and adopted upon the affirmative vote of a majority of the quorum of Regular Members. All meetings of the Task Force shall be conducted in accordance with California's Open Meeting Laws. The Project Manager shall keep or cause to be kept, minutes of the meetings of the Task Force, copies of which shall be forwarded to each Task Force representative and to each Par~y. The Task Force may adopt, from time to time, such additional rules and regulations for the conduct of its affairs as may be required. G. Additional Par[les. The Parties to this Agreement acknowledge and agree that the effectiveness of the Task Force may be improved by the addition of other entities that have interest in the work of the Task Force. Such entities may join the Task Force upon approval of a majority of the Regular Members of the Task Force, and upon such terms and conditions as are acceptable to such Regular Members, including, but not limited to, cash contributions to past, present, and/or future work of the Task Force. SECTION 3: LEAD AGENCY DESIGNATION A. Consistent with the First Amendment to the Memorandum of Understanding Regarding Coordinated Planning Activities Pertaining to the Santa Ana River Wash Area dated August 13, 1997, ("MOU") and its designation of the Conservation District as the Permanent Chair of the Policy Action Committee, the Conservation District is hereby designated as the Lead Agency for all non-federal activities associated with the Project under the California Environmental Quality Act ("CEQA"). B. The BLM is hereby designated as the Lead Agency for all federal activities associated with the Project under the National Environmental Policy Act ("NEPA"). SECTION 4: PROJECT MANAGER, A. The Conservation District shall serve as the Project Manager, at the pleasure of the Task Force. The Project Manager shall act as the primary liaison and contact between the Consultant, the Task Force, and the Parties to the Second Amendment. B. The duties of the Project Manager shall include the following: 1. Serve as the Lead Agency under CEQA and as assistant to BLM, which is the Lead Agency under NEPA, provided, however, that on issues relating to definition of level of significance for impacts, existence of and mitigation for significant adverse environmental impacts, and formulation of a mitigation monitoring program for those portions of the Project requiring permits under SMARA, the Project Manager shall accept and incorporate into the EIR/EIS the collective determinations of the applicable agencies with SMARA permitting authority for such aspects of the Project and in the absence of any agreement by such agencies, shall refer determination of such issues to the Task Force; 2, Administer the cost-sharing formula, which designates the percentage of the total cost of the Project, as approved by each Party to fund the Project; 3. Coordinate communications between the Consultant and the Parties; 4. Provide the Consultant with copies of all earlier studies and EIRs, which may be helpful to the Consultant to complete the Project; 5. Gather and transmit data to the Consultant from the Parties; 6. Provide periodic reports to the Task Force of the progress of the Project; 7. Report to and solicit input from the Task Force regarding policy issues that may arise; 8. Oversee the billing for all aspects of the Project; 9. Receive and pay all appropriate invoices for the Consultant; 10: Review the Consultant's charges and advise the Task Force of any problems associated with the Project; 11. Facilitate meetings of the Task Force and maintain records of the Task Force; 12. The Project Manager shall, through a written Notice to Proceed, cause the Consultant to commence the Project, and shall cause the Consultant to perform all services within the time period(s) established in the Project Schedule,-and in conformity with the approved Project Flow Diagram, attached hereto as Exhibit "C"; and, 13. Either approve or deny by way of written response any requests for minor adjustments to the time period(s) specified in the Project Schedule. C. Administration of Task Force Work. The Conservation District shall make its personnel available as reasonably necessary to the Task Force to perform the secretarial, clerical, administrative, legal general counsel, and financial management duties requested by the Task Force. The Task Force shall compensate the Conservation District for the Conservation District's actual costs incurred in providing such services to the Task Force, upon presentation of an invoice detailing the services rendered and costs thereof, and approval of the same by the Task Force. SECTION 5: FUNDING MECHANISM. A. The current estimated cost for the preparation of plans and environmental review for the Project is $ 822,273, or $972,273 if the consultant prepares the Implementation Aqreement The Task Force shall periodically approve a contribution amount to be requested of all Regular Members, to be paid to and managed by the Project Manager consistent with the provisions of this Section 4, from which the Project Manager will meet the expenses incurred in implementing the Project. Contributions shall be apportioned among the Parties, as agreed to by the Parties. The initial levels of contribution are identified in Exhibit "B" to this Agreement. B. The Conservation District as Project Manager shall coordinate Consultant retention, direction, coordination, and oversight in the planning and implementation of the Project, and shall serve as the agency through which funds are to be conveyed and disbursed for the purpose of completing the Project. C. The Conservation District shall establish a fund ("Fund") into which it will cause to be deposited all of the contributions received from the Task Force towards the estimated cost of the Project. It is intended that this Fund finance the Project in its entirety. In establishing the Fund, the Conservation District shall assure that all interest earned by the Fund is to be paid into the Fund, and made solely available for the funding of the Project. The Task Force may from time to time propose a cost-sharing formula differing from that attached as Exhibit "B", which designates the percentage of the total cost of the Project each Party will be required to contribute to the Fund. Upon approval by the Task Force of a contribution amount to be requested of the Regular Members, the Project Manager shall submit invoices to each Party requesting payment of their respective contributions, pursuant to the formula attached as Exhibit "B," or as otherwise proposed by the Task Force. Payment of these invoices shall be made to the Conservation District within 30 days of receipt of such invoice. If any Regular Member fails to timely remit payment of its share of the invoices in accordance to Exhibit "B" to this Agreement, the voting rights of such Regular Member shall be suspended until such time as the full amount of the invoice is paid, or the final resolution of any dispute regarding the invoice, as provided below. During such period of suspension, the Party shall enjoy only those rights and privileges as an Advisory Member of the Task Force. D. Each Party reserves the right to approve its own contribution level to the Project, as well as its ultimate payment authority of invoices issued by the Project Manager, in whole or in part, on a per-invoice basis. E. The Project Manager shalt have authority and control of disbursements from the Fund. The Project Manager shall provide the Task Force with an accounting on at least a quarterly basis showing all disbursements, accrued interest, and other debits and credits to the Fund for the preceding quarter. Any amounts paid to the Project Manager shall not be subject to refund, except as provided herein. F. Should a dispute arise between the Project Manager and any Party(ies) with respect to either an invoice submitted by the Consultant or any other disbursement from the Fund, the complaining Party(les) shall notify the Project Manager in writing, specifying the nature of the objections, the reasons therefor, and the action the complaining Party(ies) requests the Project Manager to take in resolution of the dispute. Upon receipt of any such written objection, the Project Manager shatl meet or otherwise confer with the complaining Party(les) in a good faith effort to resolve the dispute. In the event such efforts do not result in resolution of the dispute within ten (10) days of the Project Manager's receipt of the written objection, the Project Manager shall refer the matter to the Task Force, and shall provide it with any and all receipts, invoices, or other documents necessary for the prompt resolution of the dispute. The Task Force shall consider and resolve the matter at its next scheduled meeting, but no later than thirty (30) days following the Project Manager's referral of the dispute to the Task Force. In resolving the dispute, the decision of the majority of the Regular Members of the Task Force shall be final. G. Upon completion of the Project, or earlier termination of this Agreement, any unexpended Funds shall be returned to the Parties in proportion to their financial contribution. SECTION 6: OWNERSHIP OF DOCUMENTS. All work produced in association with the Project (including originals prepared by anyone in connection with, or pertaining to, the work of the Task Fome) shall become the property of the Regular Members of the Task Force, and each of them. SECTION 7: INDEMNIFICATION, Neither the Project Manager nor any officer or employee thereof shall be responsible to any other Party for any damage or liability occurring by reason of anything done or omitted to be done by the Consultant, or in connection with any work, authority or jurisdiction delegated to the Project Manager under this Agreement. All Parties, and each of them, hold the Project Manager harmless from any claim, demand, suit on law or equity, or other proceeding arising from or relating to the Project Manager's performance of its obligations contemplated by this Agreement. Nothing herein shall be read or understood as indemnifying or holding the Conservation District, or any officer or employee thereof, harmless from any claim, demand, suit on law or equity, or other proceeding arising from or relating from the acts or omissions of the Conservation District while acting as a Party to this Agreement. In addition, each Party agrees to indemnify, defend, and hold harmless each other Party and its officers, employees, agents, and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of its obligations under this Agreement. In the event any Party is found to be comparatively at fault for any claim, action, or loss, or damage that results from their respective obligations under this Agreement, the Party(s) found to be at fault shall indemnify the other(s) to the extent of its comparative fault. Federal agencies' obligations under this Agreement shall be to the extent permitted by the Federal Tort Claims Act. SECTION 8: NOTICES. All notices required to be provided hereunder, except meeting notices, shall be in writing, and either served personally or sent by United States Mail. Meeting notices may be provided by electronic mail correspondence. For these purposes, the addresses for the Parties are as follows: As to Cemex Construction Materials, Inc.:As to SGPWA: Regional Environmental Manager General Manager CEMEX San Gorgonio Pass Water Agency P.O. Box 4120 P.O. Box 520 Ontario, CA 91761-1607 Beaumont, CA 92223 159/015042.0001 As to Robertson's Readv Mix: As to EVWD: Robertson's Ready Mix, Ltd. General Manager Attention: Rich Robertson East Valley Water District P.O. Box 33140 P.O. Box 3427 Riverside, CA 92519 San Bernardino, CA 92413 As to DWR: As to RUD: Department of Water Resources Chief of Water Resources 770 Fairmont Avenue, Suite 102 Redlands Utilities Department Glendale, CA 91203 P.O. Box 3005 Redlands, CA 92373 As to BLM: As to San Bernardino County: Field Manager, Palm Springs-South Coast Land Use Services Department Field Office Advance Planning Division Bureau of Land Management County of San Bernardino P.O. Box 581260 385 North Arrowhead Avenue - 3rd Floor North Palm Springs, CA 92258-1260 San Bernardino, CA 92415-0182 As to USFWS: As to SBCFCD: Field Supervisor Director U.S. Fish & Wildlife Service San Bernardino Co. Flood Control District 2730 Loker Avenue West 825 E. Third Street Cadsbad, CA 92008 San Bernardino, CA 92415-0835 As to DFG: As to Orange County: Department of Fish & Game Planning Department P.O. Box 1217 County of Orange Redlands, CA 92373 P.O. Box 4048 Santa Ana, CA 92702-4048 As to Hiqhland: Community Development Director City of Highland 27215 Base Line Highland, CA 92346 As to Conservation District: As to Redlands: General Manager Community Development Director San Bernardino Valley Water District City of Redlands P.O. Box 1839 P.O. Box 3005 Redlands, CA 92373-0581 Redlands, CA 92373 1591015042-0001 V SECTION 9: ENTIRE AGREEMENT. This Task Fome Agreement contains the entire agreement of the Parties hereto with respect to the matters contained herein, and supersedes all negotiations, prior discussions, and preliminary agreements or understandings, written or oral relating to the Task Fome and Project Manager. No waiver or modification of this Agreement shall be binding unless consented to by all Parties in writing. SECTION 10: WAIVER. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Par~y any contractual rights by custom, estoppel, or otherwise. SECTION 11: COOPERATION: FURTHER ACTS. All parUes agree to use reasonable care and diligence to perform their respective obligations under this Agreement. All parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary, appropriate or convenient to carry out the purposes of this Agreement. SECTION 12: GOVERNING LAW. This Agreement shall be governed by and construed under the laws of the State of California. Federal agency participation under this Agreement, however, shall be governed by the applicable federal laws. SECTION 13: ATTORNEYS' FEES. In the event the Task Force initiates or defends any litigation or other judicial or administrative proceeding in connection with the Project or this Agreement, retention of counsel to represent the Task Force, if required, shall be by the Project Manager, subject to the approval of the Task Force. The costs of such retention will be invoiced to the members of the Task Force in the same manner, and subject to the same procedures, as all other consultant costs invoiced to the Task Force. In any action or proceeding involving a dispute between the Pad[es arising out of this Agreement, the prevailing Party shall be entitled to receive from the other Party, reasonable attorneys' fees. The term "attorneys' fees" shall include reasonable costs for investigating the action, conducting discovery, cost of appeal, costs and fees for expert witnesses, and all other normally allowable costs incurred in such litigation, whether or not such litigation is prosecuted to final judgment. Service of process on any Party shall be made in any manner permitted by law and shall be effective whether served inside or outside of California. Notwithstanding the foregoing, attorneys' fees and costs' recoverable against the United States, however, shall be governed by applicable federal laws. SECTION 14: NO THIRD PARTY BENEFICIARIES. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. No member of, or delegate to, Congress or Federal Resident Commissioner, shall be entitled to any share of this Agreement, or to any benefit that may arise from it. SECTION 15: CONSTRUCTION: CAPTIONS. The language of this Agreement shall be construed according to its fair meaning, and not for or against any Party hereto based on authorship. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. SECTION 16: SEVERABILITY. Each provision of this Agreement shall be severable from the whole. If any provision of this Memorandum shall be found contrary to law, it is the intention of all the Parties, and each of them, that the remainder of this Agreement shall continue in full force and effect. SECTION 17: INCORPORATION OF RECITALS. The Recitals are incorporated herein and made an operative part of this Agreement. SECTION 18: AUTHORITY TO ENTER INTO AGREEMENT, All Parties warrant that they have all requisite power and authority to execute and perform this Agreement. Each person executing this Agreement on behalf of their party warrants that he or she has the legal power, right, and authority to make this Agreement and bind his or her respective Party, and that in so doing, such Party is not thereby in breach of any other contract or agreement. SECTION 19: COUNTERPARTS, This Agreement may be signed in counterparts, each of which shall constitute an original. SECTION 20: EFFECTIVE DATE The Effective Date of this Agreement shall be latest of the dates set next to the signatures of the parties hereto evidencing signature by all the parties hereto, which latest date shall be inserted into the preamble to this Agreement, ~ SECTION 21: NO ASSIGNMENT, The rights and obligations of this Agreement may not be transferred, assigned, or encumbered by any Party hereto without the prior, express, written consent of a majority of the Regular Members of the Task Force. SECTION 22: DISSOLUTION. The Task Force may be dissolved upon a 2/3 majority vote of the regular members. Upon such dissolution, the Project Manager is entitled to pay all outstanding invoices, and distribute any remaining money in the Fund among the contributing members pro-rata according to each Party's respective financial contribution. SECTION 23: TERMINATION. A. Any Party may voluntarily terminate its participation under the Agreement at any time upon delivery of at least 60 days prior written notice to the Task Force. B. The Task Force may, upon a 2/3 majority vote, terminate any Party's participation under the Agreement upon that Party's failure to make its pro-rata contribution: (1) Within 30 days of the date said Party's contribution becomes due; OR (2) Within 45 days after the Task Force resolves said Party's dispute over the payment of an invoice in favor of payment as set forth in Section 4(F) of this Agreement. C, Upon a Party's termination from participation under the Agreement, the Project Manager shall return the portion of that Party's pro-rata contribution not expended by the Project Manager after paying invoices for all charges incurred during the period that Party served as a Member of the Task Force. D. The termination of any member or members of the Task Force shall not affect the remaining Parties' obligations under this Agreement, except for redistribution of contributions described herein. This Agreement shall remain in effect until such time as 2/3 of the regular members vote to dissolve the Task Force as provided by Section 21 of this Agreement. [SIGNATURES ON FOLLOWING PAGE] IN WITNESS WHEREOF, the Parties hereto have entered into this Agreement as of the day and year set forth below, the last of which shall be the effective date of this Agreement. APPROVED AS TO FORM: CEMEX CONSTRUCTION MATERIALS, INC. Counsel for CEMEX ROBERTSON'S READY MIX, LTD APPROVED AS TO FORM: CALIFORNIA STATE DEPARTMENT OF WATER RESOURCES Counsel for DWR UNITED STATES BUREAU OF LAND MANAGEMENT Field Manager UNITED STATES FISH AND WILDLIFE SERVICE Field Supervisor APPROVED AS TO FORM: CALIFORNIA STATE DEPARTMENT OF FISH AND GAME Counsel for DFG Field Director APPROVED AS TO FORM: SAN BERNARDINO VALLEY WATER CONSERVATION DISTRICT General Counsel President, Board of Directors Attest: Secretary of the Board APPROVED AS TO FORM: SAN GORGONIO PASS WATER AGENCY General Counsel President, Board of Directors Attest: Secretary of the Board APPROVED AS TO FORM: EAST VALLEY WATER DISTRICT General Counsel President, Board of Directors Attest: Secretary of the Board APPROVED AS TO FORM: REDLANDS UTILITIES DEPARTMENT City Attorney Mayor Attest: City Clerk APPROVED AS TO FORM: COUNTY OF SAN BERNARDINO County Counsel Chairperson, Board of Supe~isors Attest: Clerk of the Board APPROVEDASTO FORM: COUNTY OFORANGE County Counsel Chair, Board of Supe~isors APPROVED AS TO FORM: SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT General Counsel Chairperson, Board of Supe~isors Attest: Clerk of the Board APPROVED AS TO FORM: CITY OF HIGHLAND City Attorney Mayor Attest: City Clerk 159/0 ] S042-0001 APPROVED AS TO FORM: CITY OF REDLANDS City Attorney Mayor Attest: City Clerk ~ EXHIBIT "A": CONCEPT PLAN (Executive Summary) AREAS TO BE MINED UNDER SMARA, AREAS FOR WATER CONSERVATION, AND AREAS FOR PROTECTION OF HABITAT EXHIBIT "B": TASK FORCE CONTRIBUTION LEVELS Allocation to the Parties of their share of the costs associated with the Project is as set forth below in the following proportions: AGENCY RESPONSIBILITY FOR FINANCIAL CONTRIBUTION CEMEX 21.312 ROBERTSON'S READY MIX 21.312 SAN BERNARDINO VALLEY WATER 21.262301 CONSERVATION DISTRICT SAN GORGONIQ PASS WATER AGENCY 2.775 EAST VALLEY WATER DISTRICT 2.775 REDLANDS UTILITIES DEPARTMENT 5.550 COUNTY OF SAN BERNARDINO 5.550 SAN BERNARDINO COUNTY FLOOD 5.550 CONTROL DISTRICT COUNTY OF ORANGE PLANNING AND FLOOD MANAGEMENT 5.550 CITY OF HIGHLAND 5.550 CITY OF REDLANDS 2.775 Should the cost to complete financing of the Project exceed the total current estimated charges set forth above, the Task Force will have the responsibility of obtaining any required additional funding from each of the Parties. Any such additional funding shall be assessed to those Parties in the above-mentioned proportions, or as otherwise determined by the Task Force. EXHIBIT "C": PROJECT FLOW DIAGRAM DRAFT 4 - CLEAN AGREEMENT TO FORM THE UPPER SANTA ANA RIVER WASH LAND MANAGEMENT AND HABITAT CONSERVATION PLAN TASK FORCE THIS AGREEMENT is made effective this __ day of , 2001, by and between the following entities (hereinafter individually referred to as a "Party" and collectively referred to as the "Parties"): CEMEX CONSTRUCTION MATERIALS, SAN GORGONIO PASS WATER INC. ("CEMEX") AGENCY ("SGPWA") ROBERTSON'S READY MIX, LTD EAST VALLEY WATER DISTRICT ("ROBERTSON'S") ("EVWD") CALIFORNIA STATE DEPARTMENT OF REDLANDS UTILITIES DEPARTMENT WATER RESOURCES ("DWR") ("RUD") UNITED STATES BUREAU OF LAND COUNTY OF SAN BERNARDINO ("SAN MANAGEMENT CBLM'') BERNARDINO COUNTY") UNITED STATES FISH AND WILDLIFE SAN BERNARDINO COUNTY FLOOD SERVICE ("USFWS") CONTROL DISTRICT ("SBCFCD") CALIFORNIA STATE DEPARTMENT OF COUNTY OF ORANGE ("ORANGE FISH AND GAME ("DFG") COUNTY") CITY OF HIGHLAND ("HIGHLAND") SAN BERNARDINO VALLEY WATER CITY OF REDLANDS ("REDLANDS") CONSERVATION DISTRICT ("SBVWCD" OR "CONSERVATION DISTRICT") RECITALS This Agreement is entered into on the basis of the following facts, understandings, and intentions of the Parties: A. Representatives of numerous agencies, including water, mining, flood control, resource management and conservation, and municipalities, formed the Santa Ana River Wash Area Coordinating Planning Activities Committee ("Wash Committee") to address local mining issues and other land functions on the Upper Santa Aha River Wash ("Wash"). A Policy Action Committee ("PAC") was subsequently established, consisting of elected officials from San Bernardino County, Highland, Redlands, and the Conservation District, as well as the Field Manager of the BLM. A Technical Advisory Committee ("TAC") was also formed with representatives from the PAC .agencies, and other water, mining, flood control, and resource protection interests. B. The Wash Committee examined the most appropriate manner in which to use the Wash for the benefit of all landowners without regard to preexisting planning of the Wash or current land ownership. Ultimately, the Wash Committee determined that there should be a balance of land uses to accommodate the needs of mineral extraction, water conservation, habitat protection, and municipal infrastructure requirements (i.e. utilities, trails, etc.). To achieve land use balance, current land uses must be reassigned to better accommodate mineral extraction, water conservation, and habitat. To effect such change, an exchange of existing land ownership between BLM and the Conservation District, and a transfer of leasehold interests between the mining companies and the Conservation District will be required. C. The TAC reached a general consensus in early 2000 regarding the designation of specific areas of the Wash for the desired uses. The result of this multi- jurisdictional effort was the creation of a proposed Land Management and Habitat Conservation Plan for the Upper Santa Ana River Wash ("Concept Plan"). The Concept Plan establishes the framework for balancing ongoing and future land activities proposed for the Wash Planning Area ("WPA"), including habitat protection areas and recreational trail alignments. The Concept Plan was reviewed and endorsed by the governing boards and/or officials with approval authority from each of the Parties. D. Each of the Parties have found and determined that it is in their best interests to join together to: manage activities in connection with the necessary refinements, environmental review, and implementation of the Land Management and Habitat Conservation Plan (collectively the "Project"); provide an equitable cost-sharing mechanism for the funding of the Project; and, define the projected schedule and scope of work to execute the Project. E. The Parties hereto now enter into this Agreement to establish a Task Force, consisting of a representative from each party, to oversee and administer the preparation of plans, environmental review documents, public notices and hearings, and other activities requisite to the formulation and, if adopted, execution of the Project. F. In entering into this Agreement, the Parties reserve their discretionary authority with regard to the execution of the Project, including but not limited to any land use and planning authority under state and local law, authority, designated under the Surface and Mining Recovery Act ("SMARA"), and CEQA approval of their own discretionary decisions executing the Project. TERMS & CONDITIONS SECTION 1: DESCRIPTION OF PROJECT. The Project to be undertaken by the Task Force consists of all of the following: A. Refinement and expansion of the Concept Plan to develop the Component Plans of a "Land Management and Habitat Conservation Plan for the Upper Santa Aha River Wash" ("Plan"), which includes the following: 1. A Mining and Reclamation Plan under the Surface Mining and Reclamation Act ("SMARA") designating the areas as generally depicted in Exhibit "A" to be devoted to sand, gravel, and mineral extraction and the terms and conditions under which such extraction may proceed, which will be provided by CEMEX and Robertson's to the appropriate municipality, Highland er Redlands, for review and approval; 2. A Water Conservation Plan, which describes the scope, extent, and location of water diversions, conveyance, spreading, and monitoring activities, which will be provided by the Conservation District; 3. A Recreation Plan, which coordinates the planning and development of trails, parks, and public recreation areas, which will be provided by Conservation District, San Bernardino County, Highland, and Redlands; 4. An Infrastructure Plan, which describes the location of pipelines, utility corridors, roads, highways, and communication facilities, which will be provided by the Conservation District, EVWD, Highland, Redlands, and DWR; 5. A Habitat Protection Plan will be provided by the Conservation District to identify habitat areas that may be considered to protect threatened and endangered species at such time as other activities within the Wash are presented to the appropriate agency for entitlements, approvals and/or land use permits; and 6. A Flood Control Plan, which describes flood control facilities/activities including detention and retention basins, drains, and storm water conveyance facilities, which will be provided by SBCFCD. B. Preparation of preliminary documents necessary to conduct an environmental analysis, including the following: 1. A Project Description for the environmental analysis based on the Component Plans described above; 2. Alternative land balancing plans to be studied in the environmental analysis; 3. A plan outline, including actions, required funding, and the administrative or legislative measures needed to implement the Project, which will be known as the implementation Action Plan; and 4. A draft agreement to execute the implementation Action Plan, which will be known as the Implementation Agreement. C. Preparation of an EIR/EIS for implementation of the Plan, including a mitigation monitoring plan, based on the Component Plans in A above, and the preliminary documents in B above. D. Completion of a proposed land exchange between BLM and Conservation District. BLM, working with the Conservation District, shall undertake activities to assess, and if appropriate, implement by way of a Memorandum of Understanding or other appropriate instrument with the Conservation District, a land exchange. The assessment and potential implementation of the land exchange will analyze whether portions of property currently owned by BLM can feasibly and beneficially be exchanged for portions of property owned by the Conservation District. E. Preparation of the implementation documents based on the completed EIPJEIS, including the following: 1. A certification of the EIR and record of decision for the ElS; 2. An Implementation Action Plan; and 3. A Habitat Conservation Plan, including a programmatic Section 10a Take Permit. F. Task Force submit the EIR/EIS, Implementation Action Plan, and Habitat Conservation Plan to the appropriate agencies for their action and, if adopted, subsequent implementation. The EIR/EIS shall not be certified by the Lead Agency until it has been approved by Highland and Redlands. SECTION 2: CREATION OF THE TASK FORCE. There is hereby created a task force that shall be known as the Upper Santa Ana River Wash Land Management and Habitat Conservation Plan Task Force ("Wash Task Force" or "Task Force"). The Task Force shall oversee and direct preparation of the Project and shall be comprised of regular and advisory members as follows: A. Regular Members. Each Party who contributes financially to fund the Project in accordance with Exhibit "B" to this Agreement, as may be amended from time to time, or contributes with in-kind services that result in a product for use by the Task Force commensurate with the level of contribution identified in Exhibit "B," shall be deemed a Regular Member of the Task Force. Any dispute regarding whether "in kind" services contributions by a Party entitles such Party to status as a Regular Member shall be submitted to all then- existing Task Force Regular Members, and will be decided by a majority vote of the Task Force Regular Members. Each Regular Member shall be entitled to appoint two (2) representatives to the Task Force concurrently with the execution of this Agreement. Each Regular Member shall appoint (1) representative to oversee and contribute to the technical/staff aspects of the Task Force's work, and one (1) member of the legislative body, Board of Directors, or other body with ultimate decision making and policy making authority for the Regular Member, who shall be the voting member of the Task Force. Notwithstanding that each Regular Member shall have two (2) representatives to the Task Force, each Regular Member shall have and exercise only one (1) vote. The identity of each of the appointed representatives from each respective Party shall be promptly communicated to the Project Manager. Appointed representatives to the Task Force shall serve at the pleasure of the governing body of the respective appointing Party, and may be removed by them at any time, with or without cause; provided, however, that the Parties acknowledge and agree the continuity of representation on the Task Force is important to the overall effectiveness of the Task Force, and the Parties further agree to ensure such continuity whenever possible. B. Advisory Members. 1. Any member of the TAC, which is not a Regular Member of the Task Force, and any other public or governmental agency, may with the approval of a majority of the Regular Members of the Task Force, designate representatives as non- voting advisors to the Task Force ("Advisory Members"). The Task Force will formally recognize these Advisory Members and ensure all materials and products of the Task Force are provided to the Advisory Members. A list of Advisory Members will be maintained by the Project Manager. 2. DWR, DFG and USFWS are hereby designated as Advisory Members to the Task Force. 3~ Advisory Members may be admitted as Regular Members, with voting privileges, with approval by a majority vote of Regular Members of the Task Force. C. Function. 1. The Task Force shall oversee and direct the preparation of all of the component elements of the Project. 2. The Task Force shall assist in the selection of a consultant to assist in planning and implementing the Project ("Consultant"). The Consultant selected must be acceptable to the Federal lead agency. 3. The Task Force shall meet periodically for the purpose of reviewing and evaluating the work product of the Task Force and the Consultant. 4. The Task Force shall administer this Agreement, subject to the reserved right of each of the Parties to approve their respective financial appropriations to Task Force budgets. 5. The Task Force shall propose contribution levels for each Party, subject to Section 4.D. herein. The contribution level for each Party shall initially be those set out in Exhibit "B" hereto. 6. The Task Force shall, in consultation with the Consultant, prepare and adopt a project schedule ("Project Schedule"). When completed, the Project Schedule wilt be circulated among all Regular and Advisory Members, and will be maintained by the Project Manager. D. Committees. The Task Fome may establish working committees, which shall be designated from a pool of Regular and Advisory members who shall be selected by and serve at the pleasure of the Task Force. E. Designation of Officers. The Task Force shall designate and appoint one of its representatives to act as Chair and another of its members to act as Vice-Chair, both of which shall be selected from the pool of Regular Members. The Conservation District shall perform the functions of project administrator, including secretarial and treasurer duties. F. Meetings Regular meetings of the Task Force shall be held at the Conservation District offices, or such other place as may be agreed upon by the Task Force. At the first meeting, the Task Force shall provide for the time and place of its regular meetings. Special meetings may be called at the request of the Chair or of a majority of Regular Members to the Task Force. A majority of Regular Members of the Task Force shall constitute a quorum for the purposes of transacting business. Except as otherwise provided herein, all actions of the Task Force shall be passed and adopted upon the affirmative vote of a majority of the quorum of Regular Members. All meetings of the Task Force shall be conducted in accordance with California's Open Meeting Laws. The Project Manager shall keep or cause to be kept, minutes of the meetings of the Task Force, copies of which shall be forwarded to each Task Force representative and to each Party. The Task Force may adOpt, from time to time, such additional rules and regulations for the conduct of its affairs as may be required. G. Additional Parties. The Parties to this Agreement acknowledge and agree that the effectiveness of the Task Force may be improved by the addition of other entities that have interest in the work of the Task Force. Such entities may join the Task Force upon approval of a majority of the Regular Members of the Task Force, and upon such terms and conditions as are acceptable to such Regular Members, including, but not limited to, cash contributions to past, present, and/or future work of the Task Force. SECTION 3: LEAD AGENCY DESIGNATION A. Consistent with the First Amendment to the Memorandum of Understanding Regarding Coordinated Planning Activities Pertaining to the Santa Ana River Wash Area dated August 13, 1997, ("MOU") and its designation of the Conservation District as the Permanent Chair of the Policy Action Committee, the Conservation District is hereby designated as the Lead Agency for all non-federal activities associated with the Project under the California Environmental Quality Act ("CEQA"). B. The BLM is hereby designated as the Lead Agency for all federal activities associated with the Project under the National Environmental Policy Act ("NEPA"). SECTION 4: PROJECT MANAGER. A. The Conservation District shall serve as the Project Manager, at the p~easure of the Task Force. The Project Manager shall act as the primary liaison and contact between the Consultant, the Task Force, and the Parties to the Second Amendment. B. The duties of the Project Manager shall include the following: 1. Serve as the Lead Agency under CEQA and as assistant to BLM, which is the Lead Agency under NEPA, provided, however, that on issues relating to definition of level of significance for impacts, existence of and mitigation for significant adverse environmental impacts, and formulation of a mitigation monitoring program for those portions of the Project requiring permits under SMARA, the Project Manager shall accept and incorporate into the EIR/EIS the collective determinations of the applicable agencies with SMARA permitting authority for such aspects of the Project and in the absence of any agreement by such agencies, shall refer determination of such issues to the Task Force; 2. Administer the cost-sharing formula, which designates the percentage of the total cost of the Project, as approved by each Party to fund the Project; 3. Coordinate communications between the Consultant and the Parties; 4. Provide the Consultant with copies of all earlier studies and EIRs, which may be helpful to the Consultant to complete the Project; 5. Gather and transmit data to the Consultant from the Parties; 6. Provide periodic reports to the Task Force of the progress of the Project; 7. Report to and solicit input from the Task Force regarding policy issues that may arise; 8. Oversee the billing for all aspects of the Project; 9. Receive and pay all appropriate invoices for the Consultant; 10. Review the Consultant's charges and advise the Task Force of any problems associated with the Project; 11. Facilitate meetings of the Task Force and maintain records of the Task Force; 12. The Project Manager shall, through a written Notice to Proceed, cause the Consultant to commence the Project, and shall cause the Consultant to perform all services within the time period(s) established in the Project Schedule,and in conformity with the approved Project Flow Diagram, attached hereto as Exhibit "C"; and, 13. Either approve or deny by way of written response any requests for minor adjustments to the time period(s) specified in the Project Schedule. C. Administration of Task Force Work. The Conservation District shall make its personnel available as reasonably necessary to the Task Force to perform the secretarial, clerical, administrative, legal general counsel, and financial management duties requested by the Task Force. The Task Force shall compensate the Conservation District for the Conservation District's actual costs incurred in providing such services to the Task Force, upon presentation of an invoice detailing the services rendered and costs thereof, and approval of the same by the Task Force. SECTION 5: FUNDING MECHANISM. A. The current estimated cost for the preparation of plans and environmental review for the Project is $ 822,273, or $972,273 if the consultant prepares the Implementation Agreement. The Task Force shall periodically approve a contribution amount to be requested of all Regular Members, to be paid to and managed by the Project Manager consistent with the provisions of this Section 4, from which the Project Manager will meet the expenses incurred in implementing the Project. Contributions shall be apportioned among the Parties, as agreed to by the Pa~ties. The initial levels of contribution are identified in Exhibit "B" to this Agreement. B. The Conservation District as Project Manager shall coordinate Consultant retention, direction, coordination, and oversight in the planning and implementation of the Project, and shall serve as the agency through which funds are to be conveyed and disbursed for the purpose of completing the Project. C. The Conservation District shall establish a fund ("Fund") into which it will cause to be deposited all of the contributions received from the Task Force towards the estimated cost of the Project. it is intended that this Fund finance the Project in its entirety. In establishing the Fund, the Conservation District shall assure that all interest earned by the Fund is to be paid into the Fund, and made solely available for the funding of the Project. The Task Force may from time to time propose a cost-sharing formula differing from that attached as Exhibit "B", which designates the percentage of the total Cost of the Project each Party will be required to contribute to the Fund. Upon approval by the Task Force of a contribution amount to be requested of the Regular Members, the Project Manager shall submit invoices to each Party requesting payment of their respective contributions, pursuant to the formula attached as Exhibit "B," or as otherwise proposed by the Task Force. Payment of these invoices shall be made to the Conservation District within 30 days of receipt of such invoice. If any Regular Member fails to timely remit payment of its share of the invoices in accordance to Exhibit "B" to this Agreement, the voting rights of such Regular Member shall be suspended until such time as the full amount of the invoice is paid, or the final resolution of any dispute regarding the invoice, as provided below. During such period of suspension, the Party shall enjoy only those rights and privileges as an Advisory Member of the Task Force. D. Each Party reserves the right to approve its own contribution level to the Project, as well as its ultimate payment authority of invoices issued by the Project Manager, in whole or in part, on a per-invoice basis. E. The Project Manager shall have authority and control of disbursements from the Fund. The Project Manager shall provide the Task Force with an accounting on at least a quarterly basis showing all disbursements, accrued interest, and other debits and credits to the Fund for the preceding quarter. Any amounts paid to the Project Manager shall not be subject to refund, except as provided herein. F. Should a dispute arise between the Project Manager and any Party(les) with respect to either an invoice submitted by the Consultant or any other disbursement from the Fund, the complaining Party(les) shall notify the Project Manager in writing, specifying the nature of the objections, the reasons therefor, and the action the complaining Party(les) requests the Project Manager to take in resolution of the dispute. Upon receipt of any such written objection, the Project Manager shall meet or otherwise confer with the complaining Party(ies) in a good faith effort to resolve the dispute. In the event such efforts do not result in resolution of the dispute within ten (1 O) days of the Project Manager's receipt of the written objection, the Project Manager shall refer the matter to the Task Force, and shall provide it with any and all receipts, invoices, or other documents necessary for the prompt resolution of the dispute. The Task Force shall consider and resolve the matter at its next scheduled meeting, but no later than thirty (30) days following the Project Manager's referral of the dispute to the Task Force. In resolving the dispute, the decision of the majority of the Regular Members of the Task Force shall be final. G. Upon completion of the Project, or earlier termination of this Agreement, any unexpended Funds shall be returned to the Parties in proportion to their financial contribution. SECTION 6: OWNERSHIP OF DOCUMENTS. All work produced in association with the Project (including originals prepared by anyone in connection with, or pertaining to, the work of the Task Force) shall become the property of the Regular Members of the Task Force, and each of them. SECTION 7: INDEMNIFICATION. Neither the Project Manager nor any officer or employee thereof shall be responsible to any other Party for any damage or liability occurring by reason of anything done or omitted to be done by the Consultant, or in connection with any work, authority or jurisdiction delegated to the Project Manager under this Agreement. All Parties, and each of them, hold the Project Manager harmless from any claim, demand, suit on law or equity, or other proceeding arising from or relating to the Project Manager's performance of its obligations contemplated by this Agreement. Nothing herein shall be read or understood as indemnifying or holding the Conservation District, or any officer or employee thereof, harmless from any claim, demand, suit on law or equity, or other proceeding arising from or relating from the acts or omissions of the Conse~ation District while acting as a Party to this Agreement. In addition, each Party agrees to indemnify, defend, and hold harmless each other Party and its officers, employees, agents, and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of its obligations under this Agreement. In the event any Party is found to be comparatively at fault for any claim, action, or loss, or damage that results from their respective obligations under this Agreement, the Party(s) found to be at fault shall indemnify the other(s) to the extent of its comparative fault. Federal agencies' obligations under this Agreement shall be to the extent permitted by the Federal Tort Claims Act. SECTION 8: NOTICES. All notices required to be provided hereunder, except meeting notices, shall be in writing, and either served personally or sent by United States Mail. Meeting notices may be provided by electronic mail correspondence. For these purposes, the addresses for the Parties are as follows: As to Cemex Construction Materials, inc.:As to SGPWA: Regional Environmental Manager General Manager CEMEX San Gorgonio Pass Water Agency P.O. Box 4120 P.O. Box 520 Ontario, CA 91761-1607 Beaumont, CA 92223 As to Robertson's Ready Mix: As to EVWD: Robertson's Ready Mix, Ltd. General Manager Attention: Rich Robertson East Valley Water District P.O. Box 33140 P.O. Box 3427 Riverside, CA 92519 San Bernardino, CA 92413 As ~o DWR: As to RUD: Department of Water Resources Chief of Water Resources 770 Fairmont Avenue, Suite 102 Redlands Utilities Department Glendale, CA 91203 P.O. Box 3005 Redlands, CA 92373 As to BLM: As to San Bernardino County: Field Manager, Palm Springs-South Coast Land Use Services Department Field Office Advance Planning Division Bureau of Land Management County of San Bernardino P.O. Box 581260 385 North Arrowhead Avenue - 3rd Floor North Palm Springs, CA 92258-1260 San Bernardino, CA 92415-0182 As to USFWS: As to SBCFCD: Field Supervisor Director U.S. Fish & Wildlife Service San Bernardino Co. Flood Control District 2730 Loker Avenue West 825 E. Third Street Cadsbad, CA 92008 San Bemardino, CA 92415-0835 As to DFG: As to Orange County: Department of Fish & Game Planning Department P.O. Box 1217 County of Orange Redlands, CA 92373 P.O. Box 4048 Santa Ana, CA 92702-4048 As to Highland: Community Development Director City of Highland 27215 Base Line Highland, CA 92346 As to Conservation District: As to Rediands: General Manager Community Development Director San Bemardino Valley Water District City of Redlands P.O. Box 1839 P.O. Box 3005 Redlands, CA 92373-0581 Redlands, CA 92373 SECTION 9: ENTIRE AGREEMENT. This Task Fome Agreement contains the entire agreement of the Parties hereto with respect to the matters contained herein, and supersedes all negotiations, prior discussions, and preliminary agreements or understandings, written or oral relating to the Task Force and Project Manager. No waiver or modification of this Agreement shall be binding unless consented to by all Parties in writing. SECTION 10: WAIVER. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or other~vise. SECTION 11: COOPERATION: FURTHER ACTS. All parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. All parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary, appropriate or convenient to carry out the purposes of this Agreement. SECTION 12: GOVERNING LAW. This Agreement shall be governed by and construed under the laws of the State of California. Federal agency participation under this Agreement, however, shall be governed by the applicable federal laws. SECTION 13: ATTORNEYS' FEES. In the event the Task Force initiates or defends any litigation or other judicial or administrative proceeding in connection with the Project or this Agreement, retention of counsel to represent the Task Force, if required, shall be by the Project Manager, subject to the approval of the Task Force. The costs of such retention will be invoiced to the members of the Task Fome in the same manner, and subject to the same procedures, as all other consultant costs invoiced to the Task Fome. In any action or proceeding involving a dispute between the Parties arising out of this Agreement, the prevailing Party shall be entitled to receive from the other Party, reasonable attorneys' fees. The term "attorneys' fees" shall include reasonable costs for investigating the action, conducting discovery, cost of appeal, costs and fees for expert witnesses, and all other normally allowable costs incurred in such litigation, whether or not such litigation is prosecuted to final judgment. Service of process on any Party shall be made in any manner permitted by law and shall be effective whether served inside or outside of California. Notwithstanding the foregoing, attorneys' fees and costs' recoverable against the United States, however, shall be governed by applicable federal laws. SECTION 14: NO THIRD PARTY BENEFICIARIES, There are no intended third party beneficiaries of any right or obligation assumed by the Parties. No member of, or delegate to, Congress or Federal Resident Commissioner, shall be entitled to any share of this Agreement, or to any benefit that may arise from it. SECTION 15: CONSTRUCTION: CAPTIONS. The language of this Agreement shall be construed according to its fair meaning, and not for or against any Party hereto based on authorship. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. SECTION 16: SEVERABILITY. Each provision of this Agreement shall be severable from the whole. If any provision of this Memorandum shall be found contrary to law, it is the intention of all the Parties, and each of them, that the remainder of this Agreement shall continue in full force and effect. SECTION 17: INCORPORATION OF RECITALS. The Recitals are incorporated herein and made an operative part of this Agreement. SECTION 18: AUTHORITY TO ENTER INTO AGREEMENT. All Parties warrant that they have all requisite power and authority to execute and perform this Agreement. Each person executing this Agreement on behalf of their party warrants that he or she has the legal power, right, and authority to make this Agreement and bind his or her respective Party, and that in so doing, such Party is not thereby in breach of any other contract or agreement. SECTION 19: COUNTERPARTS. Th{s Agreement may be signed in counterparts, each of which shall constitute an original. SECTION 20: EFFECTIVE DATE The Effective Date of this Agreement shall be latest of the dates set next to the signatures of the parties hereto evidencing signature by all the parties hereto, which latest date shall be inserted into the preamble to this Agreement. SECTION 21: NO ASSIGNMENT. The rights and obligations of this Agreement may not be transferred, assigned, or encumbered by any Party hereto without the prior, express, written consent of a majority of the Regular Members of the Task Force. SECTION 22: DISSOLUTION. The Task Force may be dissolved upon a 2/3 majority vote of the regular members. Upon such dissolution, the Project Manager is entitled to pay all outstanding invoices, and distribute any remaining money in the Fund among the contributing members pro-rata according to each Party's respective financial contribution. SECTION 23: TERMINATION. A, Any Party may voluntarily terminate its participation under the Agreement at any time upon delivery of at least 60 days prior written notice to the Task Force. B. The Task Force may, upon a 2/3 majority vote, terminate any Party's participation under the Agreement upon that Party's failure to make its pro-rata contribution: (1) Within 30 days of the date said Party's contribution becomes due; OR (2) Within 45 days after the Task Fome resolves said Party's dispute over the payment of an invoice in favor of payment as set forth in Section 4(F) of this Agreement. C. Upon a Party's termination from participation under the Agreement, the Project Manager shall return the portion of that Party's pro-rata contribution not expended by the Project Manager after paying invoices for all charges incurred during the period that Party served as a Member of the Task Force. D. The termination of any member or members of the Task Force shall not affect the remaining Parties' obligations under this Agreement, except for redistribution of contributions described herein. This Agreement shall remain in effect until such time as 2/3 of the regular members vote to dissolve the Task Force as provided by Section 21 of this Agreement. [SIGNATURES ON FOLLOWING PAGE] 159/015042-000l 169068,07 alO/05/O[ -14- IN WITNESS WHEREOF, the Parties hereto have entered into this Agreement as of the day and year set forth below, the last of which shall be the effective date of this Agreement. APPROVEDAS TO FORM: CEMEX CONSTRUCTION MATERIALS, INC. Counsel for CEMEX ROBERTSON'S READY MIX, LTD APPROVED AS TO FORM: CALIFORNIA STATE DEPARTMENT OF WATER RESOURCES Counsel for DWR UNITED STATES BUREAU OF LAND MANAGEMENT Field Manager UNITED STATES FISH AND WILDLIFE SERVICE Field Supervisor APPROVED AS TO FORM: CALIFORNIA STATE DEPARTMENT OF FISH AND GAME Counsel for DFG Field Director APPROVEDAS TO FORM: SAN BERNARDINO VALLEY WATER CONSERVATION DISTRICT General Counsel President, Board of Directors Attest: Secretary of the Board 59/015042-0001 APPROVED AS TO FORM: SAN GORGONIO PASS WATER AGENCY General Counsel President, Board of Directors Attest: Secretary of the Board APPROVED AS TO FORM: EAST VALLEY WATER DISTRICT General Counsel President, Board of Directors Attest: Secretary of the Board APPROVED AS TO FORM: REDLANDS UTILITIES DEPARTMENT City Attorney Mayor Attest: City Clerk APPROVED AS TO FORM: COUNTY OF SAN BERNARDINO County Counsel Chairperson, Board of Supervisors Attest: Clerk of the Board APPROVED AS TO FORM: COUNTY OF ORANGE County Counsel Chair, Board of Supervisors APPROVED AS TO FORM: SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT General Counsel Chairperson, Board of Supervisors Attest: Clerk of the Board APPROVED AS TO FORM: CITY OF HIGHLAND City Attorney Mayor Attest: City Clerk APPROVED AS TO FORM: CITY OF REDLANDS City Attorney Mayor Attest: City Clerk 59/015042-0001 69068.07 alOl05/O I - 17- EXHIBIT "A": CONCEPT PLAN (Executive Summary) AREAS TO BE MINED UNDER SMARA, AREAS FOR WATER CONSERVATION, AND AREAS FOR PROTECTION OF HABITAT 169o68.o? a~O/OS/Ol -1 ~- EXHIBIT "B": TASK FORCE CONTRIBUTION LEVELS Allocation to the Parties of their share of the costs associated with the Project is as set forth below in the following proportions: AGENCY RESPONSIBILITY FOR FINANCIAL CONTRIBUTION CEMEX 21.312 ROBERTSON'S READY rvliX 21.312 SAN BERNARDINO VALLEY WATER 21.301 CONSERVATION DISTRICT SAN GORGONIO PASS WATER AGENCY 2.775 EAST VALLEY WATER DISTRICT 2.775 REDLANDS UTILITIES DEPARTMENT 5.550 COUNTY OF SAN BERNARDINO 5.550 SAN BERNARDINO COUNTY FLOOD 5.550 CONTROL DISTRICT COUNTY OF ORANGE PLANNING AND FLOOD MANAGEMENT 5.550 CITY OF HIGHLAND 5.550 CiTY OF REDLANDS 2.775 Should the cost to complete financing of the Project exceed the total current estimated charges set forth above, the Task Force will have the responsibility of obtaining any required additional funding from each of the Parties. Any such additional funding shall be assessed to those Parties in the above-mentioned proportions, or as otherwise determined by the Task Force. EXHIBIT "C": PROJECT FLOW DIAGRAM h2,po~hcc~ or otbmb diq~ ~tbe Premlm, or tn~ put em, o~ or my rJ~ c,r privtlep en~ b -,,,4 a3steam to cccu~ the Prembm or my pm tbmc~ wMMmt h ob4~ b M4~m caua~ c~b nd Dimi~ wbi~ ocm~ sbt31 not b unrmom~ widdukL Any mbbuo, cc oompeg~ by the Tm or other pinch, 'l'bo Teml~'s uMi~boflMd ~ mbleue, o~ limmo to oecu~ dull b0 vc~d, md dull m. minm tMs Subimm at b'l or Subhme b no~ umfinsbie by ~ ofbnv,.nof io any udimu~ o*'b lnterut brdn, wttho~ ~?. Immn~ TbisSub&memdtbo~vemtud?ndi~... hm,~q,i~toud~ o~ md m not to be comtfmd tn In~ wl~ ii & pm ofthb Sub3mse. 21, ,TJq{{,,~,,{bl,~ Tmb~thoema~htl~Subk~lM#chmdeve~ L4~W~It ~ al. iue (i2..m~m) 6 / ~/~ SAN ~ BAIqD OF MISSIOlq INDIANS, FWmm, 21, lfdm C~.Jbm~ ,h~ Ten~ h n~ in bre~ or defl~ (sbt notb taxi ~ ~ q~icabte cu'e pertod) ~ BAST YAL,LBY WATH~ DIBTRXCT, spub~ TI-IIS ~'OO~ C}L~-GES ~ POL~C~ ~l.~,,-~,JE P..EAD rr C~3,EFULL¥ ~LDDIIIONAI, ~'$t~ET) - OW?~EI%S, LES,SEES OR COiNT1AkCTORS (FO1A.~I B) 1~ 0~'l~r,~0~l 0~ Or~;~,~(~,~: CALIFORNIA GOLF HOLDINGS, A CALIFORNIA CORPORATION CC,- 20 10 I1 ~ r-- OOl,.ll CERTIFICA,,..5 OF INSURANCE -- ..'.OOU<:E. :.:'..:,~.~,~' --:--~-':~ -':~=-S-' "'~H~'S d'E-firlFId;k-'r-E Is i{S~ED X§"A ~,{A'I'H-..~ OF' INFORI'.~ATION ONLY AND CONFERS NO RIGHTS UPON THE CEBTIFICATF- 2~.S N..D,, sc. ste. ZOl HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR san ae=na=dlno CA 92401 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ~ COMPANIES AFFORDING COVERAGE A C D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTtFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER LIMITS LTR DATE (M M/DD/YY) DATE (MM/DD/YV) A GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000 X COMMERCIAL GENERAL LIABIUTY PRODLICTS - COMP/~DP AGG$ ~ CLAIMS MADE ~ OCCUR 390-0897-1 12/15/97 12/15/98 PERSONAL & ADV INJURY 1,000,000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL _.~_~ DAYS WR[TT]EN NOTICE TO THE CERTIF[CATE HOLDER NAMED TO THE LEFT, 5. IMPOSE NO OBLIGATION OR LIABILITY ITS AGENTS OR REPRESENTATIVES. FIRST AMENDMENT TO PARKING LOT SUBLEASE ~, Thi~ First Amendment To Parking Lot Sublease ("First Amendment") is made and entered into as of-J--~,'~Jco'~f' ~1 1998, by and between California Golf Holdings, a California corporation ("Sublessor"), and Victoria Development, a California limited partnership ("Tenant"), with reference to the following facts, all of which constitute a material part of this First Amendment: A. As of February 27, 1998, Sublessor and Tenant entered into a Sublease (the "Sublease") under the terms of which Sublessor leased to Tenant certain real property located in the County of San Bemardino, State of California, consisting of all of the paved parking area located on Assessor's Parcel Numbers 286-111-07, -08 and -11, which real property is referred to as the "Premises" in the Sublease, together with the non-exclusive right to use access roads to such Premises. B. The Premises are part of larger parcels of real property leased by Sublessor from the East Valley Water District, a public agency (the "District"). C. The Term of the Sublease now expires on the last day of August, 1998. D. Tenant and Sublessor desire to amend the Sublease as hereinafter set forth. E. All of the capitalized terms of this First Amendment shall have the same meaning as set forth in the Sublease. NOW, THEREFORE, in consideration of the mutual agreements, covenants and obligations set forth herein, Sublessor and Tenant agree as follows: 1. The Term of the Sublease is extended to and shall expire on the last day of February, 1999 ("Extended Term"). 2. Tenant shall pay as rent the sum of Thirteen Thousand Five Hundred Dollars ($13,500.00), calculated at Two Thousand Two Hundred Fifty Dollars per month for six (6) months, as the total rent due and payable for the Extended Term, as follows: Thirteen Thousand Twenty-Seven Dollars and Fifty Cents ($13,027.50) to Sublessor and Four Hundred Seventy-Two Dollars and Fifty Cents ($472.50) to District upon execution of this First Amendment by both Sublessor and District and delivery of an executed duplicate original to Tenant. If the Sublease, as amended by the First Amendment is terminated for any reason other than Tenant's default, Sublessor and District shall each reimburse Tenant for that portion of the rent received by them allocated to the period of time otherwise remaining in the Extended Term on or after the date of termination, with reimbursement to be made within ten (10) days of the date of termination. 1 of 3 3. Sublessor shall have the right during the Extended Term to enter upon the Premises if necessary in order to facilitate slurry pumping of sewer lines which are below ground and which cross under the Premises, provided, however, Sublessor shall exercise such right so as not to materially interfere with the use of the Premises by Tenant, including elimination of use by Tenant of any portion of the parking area, unless such material interference is absolutely unavoidable. In the event material interference is unavoidable, Tenant, Sublessor and District shall mutually agree as to another portion of the property leased by Sublessor from the District (equivalent in size to that portion of the Premises which Tenant cannot reasonably use due to the material interference) which can be used by Tenant as a parking area, with reasonable access, pending elimination of the material interference with use of the Premises. Sublessor, at its sole cost and expense, shall prepare and provide such alternative parking area and access thereto with a sufficient ground base as will accommodate the ingress and egress of vehicles and parking of vehicles, which base may be gravel. Sublessor shall give Tenant at least five (5) days advance notice of any proposed material interference with use of the Premises so that Sublessor and Tenant can agree upon and Sublessor can cause to be prepared for use an alternative parking area. 4. The provisions set forth in Sections 10 and 13 of the Sublease shall also apply during the Extended Term. The Sublease, as amended hereby, remains in full force and effect. 5. This First Amendment may be signed in counterpart by the parties hereto, and when so signed, shall be binding on each of the parties hereto. · 1~ 12q WITNESS HEREOF, the parties hereto have executed this First Amendment as of the day and year first above written. CALIFORNIA GOLF HOLDINGS, a California corporation , President ~ By: , Secretary ACCEPTANCE OF FIRST AMENDMENT BY DISTRICT East Valley Water District, a public agency (the "District"), consents to the terms of the First Amendment and does hereby covenant and agree that in the event of any termination of the Lease dated November 5, 1997 by and between the District and California Golf Holdings, a California corporation (identified in such Lease as the "Company" and identified in the Sublease as "Sublessor"), which Lease covers the Premises described in the Sublease of which this a part, as well as other properVy, the Sublease, as amended hereby, shall nevertheless remain in full force and effect during the Term, provided that the District receives all of the rights and benefits of the Sublessor (excluding rent previously paid to Sublessor) hereunder and Tenant is not in breach or default (a~er notice and expiration of any applicable cure period) of any provision of the Sublease, as amended. In the event the Sublease, as amended, is terminated for any reason other than Tenant's default, District shall reimburse Tenant for that portion of the rent received by it allocated to the period of time otherwise remaining in the E~ended Term a~er the date of termination, with reimbursement to be made within ten (10) days of the date of termination. Executed. ~ ~ 1998, at , California. EAST VALLEY WATER DISTRICT, a public agency 3 of 3 ~, AGENCY: Department of Mental Health LEASE No.: L-1172 PROJECT:Patton State Hospital, Golf Course AMENDMENT NO. 2 TO LEASE This Amendment to Lease, made and entered into for references purposes only, on this 30' day of June, 2000, by and between the STATE OF CALIFORNIA, acting by and through its Director of General Services, with the approval of the Department of Mental Health, hereinafter called STATE, and East Valley Water District, a Public Agency, hereinafter celled LESSEE. WITNESSETH WHEREAS, the parties hereto entered Into that certain lease dated Janua~ 12, 1990, as amended on November 12, 1997, covering the premises known as approximately 78 acres located at the Patton State Hospital, San Bemardino County, State of California. WHEREAS, the parties hereto des[re to amend said agreement [o provide date changes in the construction schedules for the completion of the drainage facilities and the golf recreation facilities. NOW, THEREFORE, it is mutually agreed between the parties hereto as follows: 1. Paragraph 12, Use Requirements, is changed to add the following language. Said construction of drainage facilities shall be completed on or before December 31, 2000, and upon the following terms and conditions: a. Lessee shall complete the design c~f plans for the storm drain improvements in a timely manner, one sufficient enough to obtain the required approval of said storm drain improvements from the San Bemardino County Flood Control District, in order to meet the December 31, 2000, completion date. b. Lessee shall provide State copies of the proposed storm drain improvements, prior to submission of said plans to the San Bemardino County Flood Control District. 2. Construction of golf recreation facility shall be completed on or before July 1, 2001. 3. Except as expressly amended herein, all of the terms and conditions of said lease shall remain unchanged and in full force and effect. 1172...AMD -1 - RESD (6/2000) IN WITNESS WHEREOF, this Amendment No. 2 to Lease has been executed by the parties on the date first above written, STATE OF CALIFORNIA LESSEE: Approval Recommended: EAST VALLEY WATER DISTRICT DEPARTMENT OF MENTAL HEALTH LINDAA. POWELL ( .... ~-~1~) ~ R. Title: Deputy Director, Administrative Services Title: President, Board of Directors PATTON STATE HOSPITAL . Title: General Manager/Board Secretary By: WILLIAM SUMMERS Title: Executive Director APPROVED: DIRECTOR OF DEPARTMENT OF GENERAL SERVICES By: CHERYL L. ALLEN, Manager Title: State Owned Leasing and Development Real Estate Services Division 1172_AMD -2- RESD (612000) L~vI~r~ ~ August 26, 1999 o, Via Federal Express and Facsimile California Golf Holdings, LLC, A California Limited Liability Company, and East Valley Water District, A Public Agency c/o California Golf Holdings, LLC 3178 Belvedere Ave. Highland, CA 92346 Re: Third Amendment to Parking Lot Sublease Dear Mr. Owens: The following is an amendment ("Third Amendment") to the Parking Lot Sublease dated as of February 27, 1998, amended by First Amendment dated as of August 21, 1998 ("Sublease"), by and between each of you, and Victoria Development Company, a California Limited Partnership ("Tenant") and Second Amendment dated February 24, 1999 covering certain real property located on Assessor Parcel Numbers 286-111-07, -08 & -11, which real properties are referred to as the "Premises" in the aforesaid Sublease. It is agreed by and between Tenant and each of you that the Sublease, which would now expire on August 31, 1999, is extended for an additional six (6) months to and including the last day of February, 2000, at a rental of Twenty One Thousand Dollars, to be paid upon execution of this Third Amendment by all parties as follows: $20,265.00 to California Golf Holdings, LLC and $735.00 to East Valley Water District. In addition, the parties further agree, that upon the expiration of the aforesaid six (6) month extension, the Sublease shall continue on a month to month basis, subject to cancellation on sixty (60) days notice, at a rental of $3,500.00 per month, payable as follows: $122.50 to East Valley Water District and the balance to California Golf Holdings, LLC. LEvnv~ 8: ASSOCIAT]~S California Golf Holdings August 26, 1999 page 2 Except as amended hereby, all of the terms and conditions of the Sublease as amended by the first amendment, remain in full force and effect, Very truly yours, _ [ EC:rb cc: Steve Kennedy AGREED AND ACCEPTED: VICTORIA DEVELOPMENT COMPANY, A California Limited Partnership By: Henry Duro, Managing General Partner EAST VALLEY WATER DISTRICT, A Public Agency CALIFORNIA GOLF HOLDINGS, LLC A California Limited Liability Company By: Co-Managing Partner By: 07~C:\CLIENT~SANMAN~CALGOLF2.LTR Secretary V LEv~ & _ASSOCiaTES March 29, 2000 Noorigian & Associates, P.C. Attorneys at Law 1010 Second Avenue Suite 1350 San Diego, California 92101-4905 _ CY',.~ o-~ ~- ~.-I.-o-.~ Re: Fourth Amendment to Parking Lot Sublease Dear Mr. Noorigian: The following is an amendment ("Fourth Amendment") to the Parking Lot Sublease dated as of February 27, 1998, amended by First Amendment dated as of August 21, 1998 ("Sublease"), by and between California Golf Holdings, LLC and Victoria Development Company, a California Limited Partnership ("Tenant") and Second Amendment dated February 24, 1999 covering certain real property located on Assessor Parcel Numbers 286- 111-o7, -08 & -11, which real properties are referred to as the "Premises" in the aforesaid Sublease. It is agreed by and between Tenant and CLC Developers, LLC, which has received an assignment of those interests in the Premises acquired by CIS, LLC, the entity which foreclosed on California Golf Holdings, LLC, that the Sublease, which expired on February 29, 2000, is extended for an additional six (6) months to and including the last day of August, 2000, at a rental of Twenty One Thousand Dollars, to be paid upon execution of this Fourth Amendment by all parties as follows: $20,265.00 to CLC Developers, LLC and $735.00 to East Valley Water District. In addition, the parties further agree, that upon the expiration of the aforesaid six (6) month extension, the Sublease shall continue on a month to month basis, subject to cancellation on sixty (60) days notice, at a rental of $3,500.00 per month, payable as follows: $122.50 to East Valley Water District and the balance to CLC Developers, LLC. LEVIArE & ASSOCIATES CLC Developers, LLC ^-~-~o~N~¥s ^~ March 29, 2000 page 2 Except as amended hereby, all of the terms and conditions of the Sublease as amended by the first amendment, remain in full force and effect. Very truly yours, . PELAND EC:rb cc: Steve Kennedy, Esq. Victoria Development Company AGREED AND ACCEPTED: VICTORIA DEVELOPMENT COMPANY, A California Limited Partnership By: Deron Marquez Managing General Partner EAST VALLEY WATER DISTRICT, A Public Agency CLC DEVELOPERS, LLC A California Limited Liability Company By: Irwin A. Mandel 07XC:\CLIENT~SANMAN\CALGOLF3.LTR NOORIGIAN & ASSOCIATES, P.C. ATTORNEYS AT LAW ~ENNETH C. NOORIGIANt TELEPHONE EPac L. ][~OFFLAND TKE EXECUTIVE COMPLEX (6]~9) 232-2174 PETER J. SALMON * 1010 SECOND AVENUE SUITE 1770 FACSIMILE · t,4lso ,4dmittedto Washington, D.C. SAN DIEGO, CALIFORNIA 92101 (619) 232-2170 TRANSMITTAL MEMORANDUM September 13, 2000 Steve M. Kennedy, Esq. Brunick, Alvarez & Battersby 1839 Commercent'er West San Bernardino, CA 92412 ~ PARKI~ LOT S~-BLEA~ Dear Mr. Kennedy: · Encloses please find the Amendment ("Fifth Amendment") to the P~rking Lot Sublease. Should you have questions, p/ease do not hesitate to call· Sinc rely, Assistant to Noorigian & ~ssociates~ P.C. Law Offices HOLLAND GHT LLP '"' gan,a O,en o Boston Providence Bradenton St. Fetersburg 633 West Fifth Street Chicago San Francisco Twenty-First Floor Fort Lauderda[e Seattle Las Angeles, California 90071-9040 Jacksonville Tallahassee Lakeland Tampa 213-896-2400 Los Angeles Tokyo FAX 2134964450 Melbourne Washington, D.C. www.hklaw corn Mexico City West Palm Beach September 11,2000 ~/IA FACSIMILE & U.S. MAIL Kenneth C. Noorigian, Esq, Noorigian & Associates, P.C. The Executive Complex 1010 Second Avenue, Suit¢350 San Diego, California 9210'1'--4,995" Re: Parking Lot Sublease Dear Mr. Noorigian: The following is an amendment ("Fifth Amendment") to the Parking Lot Sublease dated as of February 27, 1998, amended by First Amendment dated as of August 21, 1998 ("Sublease"), by and between California Golf Holdings, LLC and Victoria Development Company, a California limited partnership ("Tenant") and Second Amendment dated February 24, 1999 covering certain real property located on Assessor Parcel Numbers 286-111-07, -08 & -11, which real properties are referred to as the "Premises" in the aforesaid Sublease. It is agreed by and between Tenant and CLC Developers, LLC, which has received an assignment of those interests in the Premises acquired by ClS, LLC, the entity which foreclosed on California Golf Holdings, LLC, that the Sublease, which expired on August 31, 2000, is extended for an additional eight (8) months to and including the last day of April, 2001, at a rental of Eighty Thousand Dollars, to be paid upon execution of this Fifth Amendment by all parties as follows: $77,200.00 to CLC Developers, LLC and $2,800.00 to East Valley Water District. Tenant shall pay the full Rental Payment to CLC Developers, LLC, which shall issue the $2,800.00 payment to East Valley Water District. RECEIVED SEP 1 8 2000 03.C:ICLIENT~SAN-MANILETTERSWOORIGAN.3 8RUNICK, ALVAREZ & BATTERSB¥ Kenneth C. Noodgian, Esq. Noodgian & Associates, P.C. September 11,2000 Page 2 Except as amended hereby, all of the terms and conditions of the Sublease as amended by the first amended, remain in full force and effect. Very trulY you~:s, (.,~_~O P E LAN D EC/sf cc: Victoria Development Company Steve Kennedy, Esq. AGREED AND ACCEPTED: VICTORIA DEVELOPMENT COMPANY, a California Limited Partnership By: DERON MARQUEZ, Managing General Partner EAST VALLEY WATER DISTRICT, a Public Agency By: CLC DEVELOPERS, LLC a California Limited Liability Company IRWIN A. MANDEL 03-C:ICLIENT~SAN-MAN~ETTERSINOORIGAN. 3 THIS AGREEMENT is made this ~--day of ~u~¥ , 2000, by and between EAST VALLEY WATER DISTRICT, a ~ublic agency (hereinafter "the District"), and EIGHLAND HARVEST BAP~N, LLC, a limited liability company (hereinafter "the Company"). RECITALS A. The District is a County Water District organized and operating pursuant to California Water Code Section 30000 et seq. B. The Company is a limited liability company organized and operating pursuant to the laws of the State of California. C. As of the effective date of this Lease, the District purchased from the Company fee title tO approximately ten (10) acres of vacant real property located on Fifth Street in the City of Highland, County of San Bernardino, State of California, which is more particularly described as Assessors Parcel Numbers 1201- 361-01 and 1201-361-02, and as further set forth in the legal description attached hereto as Exhibit "One" and incorporated herein by this reference {"the Property"). D. The Company wishes to lease the Property from the District for the purpose of continuing the Company's existing farming operations thereon. E. The purpose of this Agreement is to set forth the terms and conditions under which the District will lease the Property to the Company. COVENANTS NOW THEREFORE, in consideration of the preceding Recitals and the mutual Covenants contained herein, the parties hereto agree as follows: ~ Section 1. DESCRIPTION OF PREMISES The District hereby leases to the Company, and the Company hereby hires from the District, the Property in the limited manner as strictly provided herein. The Company has inspected the Property and agrees that the acreage stated herein is only approximate and the District does not hereby warrant or ~uarantee the actual amount of acreage stated in this Lease. Section 2. T~ (a) Firm Term. The term of this Lease shall commence on the date that Escrow No. 15410-MR with the Heritage Escrow Company closes on the sale of the Property from the Company to the District, and shall expire two (2) years after said date ("the Firm Term"), unless earlier terminated by the Company upon thirty (30) days prior written notice to the District, or unless earlier terminated by the District pursuant to Sections 18 and/or 21 of this Lease. If said escrow on the sale of the Property from the Company to the District does not close, this Lease shall automatically be deemed null and void and of no force or effect. (b) Notice and Extension. Pursuant to Section 23 of this Lease, the District shall provide the Company with a written courtesy notice of the impending expiration of the Firm Term approximately six (6) months in advance thereof. The Firm Termmay be extended only by mutual written agreement executed by all parties hereto. (c) Holding Over. Any holding over after the expiration or termination of the Firm Term, wi~h the Consent of the District 2 expressed or implied, shall be deemed only a month-to-month tenancy and shall otherwise be on the same terms and conditions set forth in this Lease; except that, if a holdover occurs, the Company shall pay to the District rent in the amount of $6,000.00 for each month basis during the period of holdover. Section 3. RENT In consideration for leasing the Property, the Company shall pay rent to the District in the amount of $2,000.00 per month on the first day of each month during the Firm Term, which payment shall be deemed delinquent if unpaid on the fifteenth day of the month. Section 4. U F ISE The Company'S use of the Property shall be strictly limited to the strawberry, vegetable, produce, and related farming and marketing operations currently existing thereon and the reasonable use of the water well affixed thereto. The Company agrees not to use or permit the use of the Property for any purpose not specifically allowed in this Lease and any amendments thereto without first obtaining prior written consent from the District. The Company also agrees to exercise due diligence in the protection of the Property from damage or destruction by fire, vandalism, earthquake, floods, or other cause. Section 5. NO WASTE. NUISANCE. OR UNLAWFUL USE The Company shall not commit, or allow to be committed, on the Property any waste thereon, nor the presence, use, manufacture, handling, generation, storage, treatment, discharge, release, 3 burial, or disposal of any hazardous substance which is or becomes listed, regulated, or addressed under any federal, state, or local statute, law, ordinance, resolution, code, rule, regulation, order or decree, nor create or allow any nuisance to exist on the Property, nor use or allow the Property to be used for any unlawful or unconstitutional purpose. The Company, at its sole cost and expense, shall be solely responsible for ensuring that the Property, and the Company's use and occupancy thereof, complies with all of the requirements of all local, state, and federal authorities now in force, or which may be in force, including but not limited to those identified in Section 15 of this Lease. Section 6. IMPROVEMENTS (a) Construction. All improvements, repairs, and construction performed on the Property by the Company or its employees, agents, contractors, consultants, or subcontractors shall comply with the applicable rules, regulations, laws, statutes, and standards of the District and any other entity with jurisdiction over the activities conducted thereon. No alteration of the ProDerty or construction of improvements thereon shall be permitted until the District has approved the complete plans and specifications therefor as prepared by an architect duly-registered by the State of California. Where approval or acceptance by the District is indicated in this Lease, it is understood to be conceptual approval only and will not operate to relieve the Company 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 Lease shall be construed as a waiver of any rights hereunder or of any defense or cause of action which it may have arising out of the performance of this Lease or any previous or subsequent agreements. (b) Relocation. If the District or any other duly- empowered entity determines that the improvements constructed by the Company, or any part thereof, require repair, replacement, protection, removal, and/or relocation, such action shall be performed by the Company, at its sole expense, and in the manner required by the District, approved by the District, and subject to Section 21 hereof and the protections otherwise afforded to the District under this Lease. To the extent of its authority, the District agrees to reasonably cooperate with the Company in directing the manner of any such repair, replacement, protection, removal, and/or relocation. (c) Ownership. At the expiration or termination of this Lease, the ownership of the fruit stand building currently located on the Property and all of the movable contents contained therein shall vest in the Company. The Company shall be responsible for the dismantling and removal of said building and its contents within 45 days of the expiration or termination of this Lease. The ownership of all other buildings, structures, fixtures, and 5 improvements constructed on the Property shall vest in the District. The Company shall deliver said buildings, structures, fixtures, and improvements to the District in good condition and repair, reasonable wear and tear excepted, without compensation to the Company, and free and clear of any and all liens and/or claims. Section 7. REPAIRS AND MAINTENANCE The Company, at its own expense, shall have full and sole responsibility for all maintenance, repair, and remediation of, on, or about the Property, and shall maintain, preserve, and keep the Property and the water well affixed thereto in good repair, working order, and lawful state, and shall from time to time make all repairs, replacements, and improvements necessary to keep the Property and the water well affixed thereto in such condition. Section 8. FEES. TAXES. CHARGES. AND ASSESSMENTS The Company shall install on the Property current meters to measure the amount of gas, electricity, water, phone, or other utility service consumed by the Company, and the cost of such metering and the installation, maintenance, and repair thereof shall be paid for by the Company. The Company shall also pay when due all gas, water, steam, electricity, heat, power, telephone, refuse, and other charges incurred in the operation, maintenance, use, occupancy, abatement, and upkeep of the Property. The Company shall also pay when due all property and excise taxes and governmental charges of any kind whatsoever which may at any time be lawfully assessed or levied a~ainst or with respect to the Property or any part thereof, and all special assessments and 6 charges lawfully made by any governmental body for any improvements on the Property. Section 9. LIENS The Company shall not, directly or indirectly, create, incur, assume, or suffer to exist any mortgage, pledge, lien, charge, citation, abatement order, encumbrance, or claim on or with respect to the Property, other than the respective rights of the District and the Company as provided in this Lease and any amendments thereto. The Company shall promptly, at its own expense, take such action as may be necessary to immediately discharge or remove any such mortgage, pledge, lien, charge, citation, order, encumbrance, or claim as the same shall arise at any time. The Company shall reimburse the District for any expense incurred by the District to discharge or remove any such mortgage, pledge, lien, charge, citation, order, encumbrance, or claim. Section 10. ACCESS TO PREMISES The District shall have reasonable access to the Property at all times during the term of this Lease. Section 11. OTEER PROPERTY INTEREST.S The Company's rights under this Lease are subject to all applicable easements, licenses, rights of way, and mineral rights currently in existence. The Company shall not interfere, in any way, with the interests of any person or entity that may presently, or in the future, hold any easement, license, right of way, or oil, gas, or other mineral interest, upon, across, above, or under the Property; nor shall the Company interfere, in any way, with the 7 rights of ingress and egress of such interest holders. The District further reserves the right to grant additional easements, licenses, and/or rights of way to other parties as may be deemed necessary by the District in its sole discretion. Section 12. NON-DISCRIMINATION The Company skall not permit any practice of discrimination against, or segregation of, any person or group of persons on account of sex, race, color, creed, marital status, age, sex, religion, handicap, national origin, or ancestry in its ownership, employment, selection of contractors, subcontractors, and vendees, or in the enjoyment, use, and occupancy of the Property. Section 13. NO REPRESENTATIONS, WARRANTIES. OR WATER RIGHTS It is expressly understood by the parties hereto that the physical condition of the Property and the water well affixed thereto as of the effective date of thls Agreement is such that it is leased to the Company as-is without any representation or warranty. The District makes no express or implied representations or warranties concerning the Property or the water well affixed thereto, or their fitness for any particular purpose. The Company shall bear the costs of any action necessary to place the Property in a condition that meets the requirements of law or that is otherwise suitable for the use contemplated herein. The District shall not be held liable to the Company or to any other party for any losses incurred or damages sustained as a direct or indirect result of the condition of the Property or the water well affixed thereto or any use or failure thereof. Any water produced on or 8 extracted from the Property shall not serve as the basis of, or otherwise support, any water rigkts claim that may be asserted by the Company. Section 14. 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 Lease, or for any damage claims for injury to persons, including the Company and its agents or employees, or for property damage, or for other loss to any vehicle or the contents thereof, from any cause arising out of or in any way related to the Company's obligations hereunder or its use or occupancy of the Property and/or the water well affixed thereto, including those damages or losses arising out of said causes that occur on areas adjacent to the Property. Section 15. HOLD HARMLESS Excepting the sole or active negligence or willful misconduct of the District, the Company agrees to 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 Company and/or its agents, guests, invitees, trespassers, contractors, consultants, and employees in connection with the performance of their obligations under this Lease or their use and/or occupancy of the Property and/or the water well affixed thereto, and defend the District and its officers, directors, agents, and employees from any suits or actions at law or in equity and to pay all court costs and counsel 9 fees incurred in connection therewith. In addition, the Company agrees to defend, indemnify, and hold the District and its officers, directors, agents, and employees harmless from and against and 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 Company, with regard to the condition of the Property or the activities conducted thereon during the term of this Lease, 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, case law, statute, rule, regulation, or otherwise). Section 16. ~ (a) Security. The District reserves the right to demand at any time during the term of this Lease and any extensions thereof that the Company procure and maintain bonds from an acceptable surety, cash deposits, or other form 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 or liability. (b) Coverage During Ter~. In addition, the Company shall procure and maintain during the term of this Lease and any extensions thereof policies of insurance as follows: 10 Workers' Compensation: The Company shall maintain Workers' Compensation insurance, as required by law in the State of California, and Employers' Liability Insurance (including disease coverage) in an amount not less than $1,000,000.00 per occurrence. This insurance shall also waive all right to subrogation against the District, its Board of Directors, officers, employees, representatives and agents. General Commercial Liability: The Company shall maintain general liability insurance which shall include coverage for contractual liability, independent contractors, products and completed operations, broad for~a property damage, explosions, collapse, underground hazards, and acts or omissions committed by the Company in the course of performing any activities on the Property. This insurance shall be on a comprehensive, occurrence basis form with a standard cross liability clause and endorsement (ISO CG 2010 or equivalent). The District shall be named as an additional insured, and the limit for this insurance shall be not less than $2,000,000.00 per occurrence, combined single limit for bodily injury and property damage. Real Property Insurance: The Company shall maintain real property insurance and fire legal liability covering any and all buildings, improvements, and property against loss or damage by fire, lightning, extended coverage, vandalism, malicious mischief, and earthquake. This insurance shall have an endorsement naming the District as an additional insured and with a standard cross liability clause and endorsement (ISO CG 2010 or equivalent). The limit amount for this insurance shall be not less than $2,000,000.00 per occurrence, combined single limit for bodily injury and property daraage. Environmental Liability Insurance: The Company shall maintain environmental liability insurance to the extent available by industry standards with an endorsement naming the District as an additional insured and with a standard cross liability clause and endorsement (ISO CG 2010 or equivalent). The limit amount for this insurance shall be not less than $2,000,000.00 per occurrence, combined single limit per occurrence. (c) Supplemental Coverage During Construction. During the period of any construction activities on the Property, the Company shall procure and maintain, or cause its contractor or subcontractors to furnish, the following policies of insurance in addition to the reqllirements set forth above: Builders All-Risk Insurance: Builders All-Risk Insurance shall be maintained to cover the Property and all work performed thereon against loss or damage until completion. This insurance shall be on a comprehensive, occurrence basis form with a standard cross liability clause and endorsement (IS0 CG 2010 or equivalent) for broad form property damage. The District shall be named as an additional insured, and the limit for this insurance shall be not less than the replacement cost of all property thereon, per occurrence, combined single limit. Automobile Liability: Comprehensive automobile liability insurance shall be maintained with coverage for any vehicle including those owned, leased, rented or borrowed. This insurance shall have an endorsement naming the District aS an additional insured and with a standard cross liability clause and endorsement (ISO CG 2010 or equivalent). The limit amount for this insurance shall be not less than $1,000,000.00 per occurrence, combined single limit for bodily injury and property damage. Professional Liability: Professional liability insurance shall be maintained with coverage for wrongful acts, errors, or omissions committed by any of the Company's contractors and/or subcontractors in the course of performing any activities on the Property. This insurance shall include coverage for liability assumed under this Agreement when such liability is caused by the wrongful acts, errors, or omissions of said contractors and/or subcontractors. The limit for this insurance shall be not less than $2,000,000.00 per claim. (d) policy Requirements. The District shall not be liable or responsible for the payment of any premiums or assessments for the insurance coverage required under this Lease. Insurers shall have at least an Al5 policyholder's rating in accordance with the current Best's ~ey Rating Guide or eqllivalent. In addition, any and all insurers must be authorized to conduct business in the State of California, as evidenced by a listing in the official publication of the Department of Insurance of the 12 State of California. Certificates of insurance and endorsements, acceptable to the District and verifying the insurance coverage required by this Agreement, shall be filed with the District prior to the effective date of this Lease. The District reserves the right to require complete and accurate copies of all insurance policies required under this Agreement. The such policies shall include as additional named insureds: the District, its Board of Directors, officers, employees, representatives, and agents when acting in their capacity as such in conjunction with the performance of this Agreement. These policies shall be primary insurance as to the District so that any other coverage held by the District shall not contribute to any loss under the Company's insurance, and shall contain language to the effect that the insurer waives the right of subrogation against the District and any of its directors, officers, employees, representatives, and agents. Each insurance policy shall also specifically identify this Agreement and contain a clause which provides that the policy may not be canceled or changed without first giving thirty (30) days advance written notlee to the District. In the event any policy of insurance expires at any time during the term of this Lease and any extension thereof, the Company shall provide the District with a new certificate of insurance at least thirty (30) days prior to said expiration date evidencing coverage as required herein for a period of time not less than one (1) year. Failure on the part of the Company to keep in effect at all times the insurance coverage required by this Lease shall constitute a material breach of this Agreement within the meaning of Section 17(f) of this Lease upon which the District may exercise any of its remedies under Section 18 hereof or, in its sole discretion, the District may instruct the Company to immediately suspend all activities on the Property until the Company achieves full compliance with its obligations hereunder. Section 17. DEFAULT The following shall be deemed events of default and cause for termination of this Lease by the District: (a) Rent. The Company fails to pay any installment of the rent when due, and such failure continues until said payment is deemed delinquent pursuant to Section 3 of this Lease. (b) Insolvency. The Company becomes insolvent, or makes a transfer in fraud of creditors, or makes an assignment for the benefit of creditors. (c) Bankruptcy. The Company files a petition under any action or chapter of the Bankruptcy Act, as amended, or under any similar law or statute of the United States or any state thereof; or the Company is adjudged bankrupt or insolvent in proceedings filed against the Company thereunder. (d) Receivership. A receiver or trustee is appointed for all or substantially all of the assets of the Company. (e) Abandonment. The Company deserts or vacates any substantial portion of the Property. (f) Breach. The Company fails to comply with any term, condition, or covenant of this Lease. ~, Section 18. REMEDIES FOR BREACH Upon the occurrence of any event of default described in Section 17 of this Lease, the District shall give the Company written notice thereof. With respect to an event of default described in Section 17(a) of this Lease, said notice shall be given by the District in the manner required by law. With respect to all other events of default described in Section 17 of this Lease, the District shall give the Company a period of thirty (30) calendar days after the date of said written notice in which to cure said breach or default to the satisfaction of the District, unless the District determines in its sole discretion that the default represents a hazard or emergency that requires immediate action. If the breach or default is not timely cured by the Company to the satisfaction of the District, the District shall have the option to pursue any one or more of the following remedies, with or without the benefit of court order, in addition to its other rights and remedies under the law: (a) R e_~. Enter upon the Property, by force if necessary, without being liable for prosecution or any claim for damages therefor, and perform whatever act the Company is obligated to perform under the terms of this Lease; and the Company agrees to reimburse the District, on demand, for any expenses which the District may incur in effectuating compliance with the Company's obligations under this Lease, and the Company further agrees that the District shall not be liable for any damages resulting from such actions. (b) Ev±ctiQn. Enter upon and take possession of the Property and any personal property found thereon, and expel or remove the Company and/or any person who may be occupying the Property, or any part thereof, to the extent allowable under the law, without being liable for prosecution or any claim for damages therefor, and subsequently sublease the Property and receive the rent and receipts therefor; and the Company agrees tO pay to the District, on demand, any deficiency that may arise by reason of such subsequent subleasing. The District may store any personal property removed from the Property in a public warehouse or at another place of its choosing within the County of San Bernardino at the Company's expense or to the Company's account. (c) Termination. Termination of this Lease, in which case the Company shall immediately surrender the Property to the District, and if the Company fails to do so, the District may, without prejudice to any other remedy Which it may have for possession or arrearages in rent or receipts, enter upon and take possession of the PrOperty and expel or remove the Company and any other person who may be occupying the Property, or any part thereof, to the extent allowable under the law, without being liable for prosecution or any claim of damages therefor; and the Company agrees to pay to the District, on demand, the full amount of all loss and damage which the District may suffer by reason of such termination, whether through inability to subsequently sublease the Property on satisfactory terms or otherwise. /// 16 ~, Section 19. EFFECT OF DISTRICT{S WAIVER Any failure by the District to enforce any provision of this Agreement, or any waiver thereof by the District, shall not constitute a waiver of its right to enforce subsequent violations of the same or any other terms or conditions herein. Section 20. FORCE MAJEURE The Company shall not be in default under this Lease in the event that the performance of its obligations hereunder are temporarily interrupted for any of the following reasons: riots, wars, sabotage, civil disturbances, insurrection, explosion, natural disasters such as floods, earthquakes, landslides, and fires, and other labor disturbances or other catastrophic events which are beyond the reasonable control of the Company. Other catastrophic events do not include the financial inability of the Company to perform, or failure of the Company to obtain any necessary permits or licenses from other governmental agencies or the right to use the facilities of any public utility. Section 21. CONDEMNATION OF PROPERTY Should all or any part of the Property be taken by any public or quasi-public agency or entity under the power of eminent domain during the term of this Lease, the following shall apply: (a) Termination of Lease. The District may terminate this Lease by giving the Company thirty (30) days written notice thereof. (b) Allocation of Damages. Any and all damages and compensation awarded or paid because of the taking shall belong to 17 the District; except that any and all monetary relief specifically allocated for crop or farming losses shall belong to the Company. (c) Partial Taking. Should only a portion of the Property be taken by eminent domain and this Lease is not terminated by the District, the rent thereafter payable under this Lease shall be abated proportionally as to the portion taken which is then not usable by the Company. Section 22. ATTORNEYS' FEE~ The prevailing party in any arbitration, mediation, court action, or other proceeding involving a dispute or controversy arising out of, under, in connection with, or in relation to this Lease, and any amendments tkereto, or the breach thereof, shall be entitled to reimbursement by the other party of all attorneys fees and costs actually incurred by the prevailing party in connection therewith. In any such action, arbitration, mediation, or other proceeding, the entitlement to recover attorneys fees and costs will be considered an element of costs and not of damages. Section 23. NOTICE All notices, demands, or other writing in this Lease required to be given or made or sent, or which may be given or made or sent, by either party hereto to the other, shall be deemed to have been fully given or made or sent when in writing and deposited in the United States mail, certified and postage prepaid, and addressed as follows: /// /// To the District: East Valley Water District P.O. Box 3427 1155 Del Rosa Avenue San Bernardino, CA 92413 Attention: General Manager To the Company: Highland Harvest Barn, LLC 7571 Lochinvar Court Highland, CA 92346 Attention: David J. Eady Law Offices of Stephen H. Tyler, P.C. 300 E. State Street Redlands, CA 92373 Attn: Stephen H. Tyler, Esq. The address to which any notice, demand, or other writing may be given or made or sent to any party as above provided may be changed by written notice given by such party as above provided. Section 24. SUCCESSORS AND ASSIGNS The Company shall not sublet, assign, mortgage, pledge, hypothecate, or otherwise dispose of the Property, or any part thereof, or any right or privilege connected therewith, or to allow any other person, except the Company'S agents and employees, to occupy the Property or any part thereof, without first obtaining the written consent of the District, which Consent shall not be unreasonably withheld. Any such consent by the District shall not constitute consent to any subsequent assignment, sublease, or occupation by the Company or other persons. The Company's unauthorized assignment, sublease, or license to occupy skall be void, and shall terminate this Lease at the District's option. The Company's interest in this Lease is not assignable by operation of law, nor is any assignment of its interest herein, without the written consent of the District. Further, any change in stock 19 ownership of the Company which results in a transferee, who is other than a stockholder of the Company at the time of executing this Lease, receiving a beneficial ownership of, or interest in, any outstanding stock of the Company, shall be deemed an assignment prohibited by this Section, unless the written consent of the District be obtained. Section 25. INUREMENT This Lease and the covenants and conditions hereof apply to and are binding upon the heirs, successors', legal representatives, and assigns of the parties hereto. Section 26. INTEGRATION ANDAME~MENT 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 both parties hereto. Section 27. 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 28. I~TERPRETATION 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. This Agreement shall be enforced and governed by and under the laws of 20 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 with in rem jurisdiction over the Property. Section 29. TIME OF THE ESSENCE Time is of the essence in this Lease and each and every provision thereof. Section 30. AUTHORITY The persons executing this Agreement hereby represent and warrant that they are fully and duly authorized and empowered to so execute on behalf of each of the respective parties hereto. /// /// [End of Covenants -- Signature Page to Follow] 21 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers as of the date first above written. EAST VALLEY WATER DISTRICT President, Boar~ of Directors ATTEST: HIGHLAND HARVEST BARN, LLC  /~tephen'H. Tyler, Me. er Donna J. Tyler, Me~r ATTEST: Notary Public 22 Order No. 531115 - C EXHIBIT "ONE" All certain real property in the City of High[and, County of San Bernardino, State of California being a portion of the Southwest one-quarter of the southwest one-quarter of Section 3, Township 1 South, Range 3West, San Bernardino Meridian, according to the Official Plat thereof, said portion being described as follows: Beginning at the Northwest corner of said Southwest one-quarter of the Southwest one-quarter; Thence along the Northerly line of said Southwest one-quarter of the Southwest one-quarter South 89042'32'' East 990.02 feet to a line parallel with and distant 990.00 feet Easterly of the West line of said Section 3; Thence leaving said Northerly line and along said parallel line South 0°0t'18" East 429.12 feet to the Northerly line of the land conveyed to the City of Highland by "Grant of Easement" recorded September 25, 1997 as Instrument No. 1997-0352541in Official Records of said County, said Northerly line also being the Northerly line of 5th Street (52' half width); Thence along said Northerly line South 88053'58'' West 990.18 feet to said West line of Section 3; Thence along said West line North 0°01 '18" West 453.17 feet to the Point of Beginning. Assessor's Parcel No:. 1201-36101 and 02That portion of the Southwest 1/z~ of the Southwest 1/4 of Section 3, Township 1 South Range 3, West, San Bernardino Base and Meridian, in the County of San Bernardino, State of California, according to Government Survey, described as follows: Beginning at the Northwest corner of the Southwest 1/4 of the Southwest 1/4 of said Section; Thence running 990 feet East; Thence South 439.89 feet, more or less, to the center of County Road (as said road existed prior to October 8, 1930); Thence West along the center of County Road to the West line of said Section 3; Thence North 439.89 feet to the point of beginning, as per plat recorded in Book 9, Page 65 of Miscellaneous Records of said County. Excepting therefrom that portion conveyed to the County of San Bernardino for road purposes, recorded December 11, 1931 in Book 772, page 333, Official Records. 2 RESOLUTION 2001.25 A Resolution Of The Board Of Directors Of The East Valley Water District Accepting Conveyance Of Pipeline Easement from East-West Storage, LLC, (Grantor) in Exhibit "A" and listed in Easement For The Right To Construct, Use, Maintain, Alter, Add To, Repair, Replace and/or Remove Pipeline Appurtenances, Under, Through And Across The Real Property Located In The City Of San Bernardino, County Of San Bernardino, State Of California. BE IT HEREBY RESOLVED AND ORDERED that the Conveyance of Pipeline Easement dated September 26, 2001, and signed by Richard Ridgway as grantor (s) grants to the East Valley Water District, its successors and assigns a Pipeline Easement over, under, through and across the real property described therein, be and the same is hereby accepted for and on behalf of said Water Company. BE IT FURTHER RESOLVED, that a copy of this resolution be attached to said Conveyance of Pipeline Easement, and that the same be recorded in the Office of the County Recorder, County of San Bernardino, State of California, and filed in the records of said Board. The foregoing resolution was duly adopted at a meeting of the Board of Directors of the East Valley Water District by motion duly made, seconded and carried on October 23, 2001. Ayes: Directors: Noes: Absent: EAST VALLEY WATER DISTRICT Glenn R. Lightfoot, Board President ATTEST: Robert E. Martin, Board Secretary Job No. W2157 File No. 262.116 10/5/01 jw RECORD REQUEST OF AND MAIL TO: East Valley Water District P.O. Box 3427 San Bemardino, CA 92413 CONVEYANCE OF PIPELINE EASEMENT East-West Storage, LLC as Grantor(s), for valuable consideration, receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey to the East Valley Water District, a County Water District, its successors and assigns, as Grantee, an easement for the right to construct, use, maintain, alter, add to, repair, replace and/or remove pipeline or pipelines together with all necessary appurtenances over, under, through and across the real property located in the County of San Bemardino, State of California, described as follows: See Exhibit "A" attached hereto and made a part hereof Grantor(s) further agree to notify EAST VALLEY WATER DISTRICT of any future use across said easement and to coordinate with EAST VALLEY WATER DISTRICT the installation of any future facilities within said easement. IN WITNESS WHEREOF, the Grantor(s) has executed this instrument the ~ day of ~2001. S~ ,?.f Date of Signature (Attach Notary Cert) CALIFORNIA ALL. PURP(~,~ ACKNOWLEDGMENT State oftr~ ~) ¢ ~' ~-~"~"~"~'['O'("( i County of ~,. ~personally known to me - OR - Q ~¢t~e ~-B~ba~s~f~t~[~R~ to be the perso~ whose nature is/a~ subscribed to the within instrument and acknowledged to me that he/~ executed the same in his/~ir authorized capacity~), and that by ~.~;~?;;~ his/her/their signature-on the instrument the person~', ~~4. ~l ~ ~ Comm,[on ¢ ~2~'i~23 ~ or the entity upon behalf of which the perso~ acted. ~ ~ Nof~ Pubic- Cold~)~Q > executed the instrument. ~ ~nto ~ro Coun~ ~ ~.~6,~ WITNESS my hand and official seal. OPTIONAL Though tho information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattaehment of this form to another document. Description of Attached Document Title or Type of Document: ~i¢: ~.,¢~. ~>¢ '?: ¢~_9t ./e. Document Date: Number of Pages: Signer(s) Other Than Named Above: Oapacity(ies) Claimed by gigner(s) Signer's Name: Signer's Name: O Individual D Individual D Corporate Officer D Corporate Officer Title(s): Title(s): ~ Pa~ner ~ Q Limited ~ General D Pa~ner ~ Q Limited D General ~ A~orney-in-Fact D Attorney-in-Fact D Trustee D Trustee D Guardian or ConseNator ~ D Guardian or Conse~ator ~ Other: Top of~humb here ~ Other: To~ of thumb here Signer Is Representing: Signer Is Representing: LEGAL DESCRIPTION A st/ip of land, I0. O0 feet wide, over a portion of Lot 3, Block $, of the Orange Grove Tract, in the City of San Bemardino, County of San Bemardino, State of California, as per Plat recorded in Book 11 of Maps, Page 14, official records of said county. Beginning at a point on the West I. ine of said Lot 3, distant 934.39 feet northerly from the Southwest comer of said Lot,(said point also being 60.00 feet southerly from the Center-line of High/and Avenue); thence S 89° 59' '/0" E 20.00 feet; thence S 0° 07' 53"E, 15.00 feet; thence N 89° 59' 10" W, 20.00 feet to the West line of said Lot; thence N 0° 07' 53" W, 15.00 feet to the point of beginning. All as more particularly shown on EXHIBIT "A "attached hereto and made a part hereof. This description was prepared by me and under my direction on June 7th, 2001. Sincerely, Russell W. Geer, L.S. PAGE 1 OF 1 EXHIBIT "A" N 89° 59' ~0" W HIGHLAND A VENUE EXP. 3/ 1/02 P.O.B. SCALE: 1" = 20' 20.00' AREA OF LEGAL DESCRIPTION . o,.~... 'v'~ '''' S.W. CORNER OF LOT 3, BLOCK 8, [,, ~ O~NGE GROVE T~CT, M.B. 11/14. RELEASE OF LIENS OCTOBER 2, 2001 - OCTOBER 12, 2001 ACCOUNT RELEASE OWNERS PROPERTY AMOUNT NUMBER DATE NAME ADDRESS OWED I. t32-0075-5 10/12/01 2817 ORANGE ST 97,44 2. 132-0092-0 10/12/01 2849 COLE AVE ~40.87 TOTAL ~ $ 238.31 +PAID THROUGH TAX ROLLS Page 1 of 1 ~WW ~WW October 4, 2001 The Honorable Barbara Boxer ~-~ United States Senate Hart Senate Office Building Suite 112 -. Washington, DC 20510-3553 Dear Senator Boxer: Thank you for your letter of September 7 regarding legislation you intend to introduce on water infrastructure. We honored your request to assist in distributing this letter to our members by sending your outline to them and - 4CWA's mission is encouraging them to respond. dc. vetopme,t. Once ACWA receives legislative language, we will circulate this to our ~,..~o,,.a,t,. t,,,,,a,.~.,~ Federal Affairs Committee and the committee will consider it and take action :,s,' ,,£good quality regarding your proposed legislation. In the meantime, we will be working ,uter at the lowest with Senator Feinstein and Congressman Calvert on their CALFED - ct,v~rlmme,t.lll, authorization legislation. In reviewing your outline, it appears there a/e a ,.,,.,,cc.~ ,,,.,,,,~,~. number of common elements in your legislation and the more comprehensive ' CAI/FED .ai~thorization. legislation authored by Senator Feinstein and ~ 'Gori~sin~n Cal;~ert." Our. goal is to promote legislation that provides the best, most comprehensive approach to investment in California's water infrastmctur~investment which we believe is badly needed and long overdue. We therefore urge you to consider working with Senator Feinstein to incorporate those provisions of your legislation that are not already in her S 976. We believe that type of cooperative approach would send the clearest, most compelling message from the California delegation to Congress regarding the federal interest in meeth-,g our water and envirornnen~l needs. We look forward to working with you and the other members of the California congressional delegation on that basis and will be happy to provide any Association of California' assistance, you may require. Sacramento, California ' E cufive Director Hall of the States 400 N. Capitol St., N.W. ~lf~uite 357 South SKH:alr Washington, D.C. :" HART SENATE OFFICE BUILD1NG WASHINGTON, DC 20510-0505 (202) 224-3553 September 7, 2001 Steve Hall, Executive Director ACWA 910 K Street Sacr~taento, CA 95814 Dear Mr. Hall: I am writing to you about a water supply bill I intend to introduce in the Senate this fall. The California Affordable Quantity and Quality Water Act (CAL-AQQWA) is designed to promote water recycling, reclamation and groundwater storage projects throughout the state. It will also provide funding'for water quality projecgs. Congressman Sam Farr (D- Monterey). 'will be introducing a similar bill in the House of Represen- tat. ives~ I ·have enclosed information about CAL-AQQWA with this letter for your review. There are three sections of the bill where individual water projects will be mentioned by name. I encourage you to provide me with infor- mation about projects which might be eligible for inclusion in these sections. Section i identifies a number of water reclamation proj'ects statewidei These projects have completed the planning and design process and now await funding for construction. A similar list will be included for groundwater projects in Section 3. If your agency has a potential project and is awaiting funds to conduct a feasibility study, such studies will be included in Section 2. Since CAL-AQQWA was drafted with the needs of water a~encies in mind, a letter of support from your agency would be very helpful. Please mail or fax letters of support to my State Director Rose Kapolczynski, 312 l~. Spring St., #1748, Los Angeles 90012. The fax number is (213) 894-5012. Thank you for your consideration. If you have any questions about · t~e bill or have a project you would like considered for inclusion, ' ' ' please contact John. Ormsby or Adrienne Bousian in'my San Francisco office at (415) 403-0100. ~ely, Barbara Boxer United States Senator enclosure Califoi'nia Affordable Quantity & Quality Water Act To be introduced by Senator Barbara Boxer I. Water Reclamation -.. - This sec~i0n Would authorize funding 'for construction of specified water reclamation projects in California by amending the Reclamation Wastewater and Groundwater Study and Facilities Act. To be eligible, projects need to .have completed technical and design studies. Priority would be given to projects that also provide environmental benefits. .._ - Projects include: · Castaic Lake Water Agency Reclaimed Water Project, $20 million. · Clear Lake Basin Water Reuse Project, $9 million. · . San Ramon Valley Recycled Water Project, $20 million~ · Inland Empire Regional Water Recycling Project, $20 million.. · San Pablo Baylands Water Reuse Projects, $20 million. · California Water Recycling Program, $50 million. · . Northern and Southem California Regional Brine Lines, $50 million. · Lower Chino Dairy Area Desalination Demonstration and Reclamation Project, · .Research Concerning Water Reuse, $12.5 million ($2.5 million '02 through '06). · West Basin Comprehensive Desalination Demonstration Program, Federal share is 50% of total project cost. · · Project Modifications: · Central Los Angeles Water Recycling Project, $12 million. · . Los_Angele~ Harbor Water Recycling Project, $12 million. · San Gabriel Basin Water Project, $50.5 million. II. Expedited Feasibility Studies for Reclamation and Groundwater Projects - This section would authorize funding for expedited feasibility studies of water reclamation projects, groundwater storage projects and other projects within the scope of this bill. Priority would be given to projects that provide environmental and other benefits. This section would also authorize funding for loans and grants for studies and would ihclud~: · List of specific projects. · Authorization of grants, $5 million maximum. · Authorization of loan program, $5 million maximum. III. Competitive Grant and Loan Program - This section would establish a competitive grant and loan program to fund a variety of water projects. Funding for some or all eligible projects under this section is identified within the Central Valley Plan Implementation Act, the Reclamation Reform Act, Title XVI of P.L. 102-575, and various accounts in the Federal Farm Bill and the Natural Resource Conservation Service. - Both individual water districts and individual farmers would be eligible to apply for this funding under this section. Eligible projects would include, but are not limited to: · Groundwater storage projects. · Farm conservation projects. · Water supply system reliability projects. Water qual!ty projects: Water use efficiency projects. · Water transfer projects. · Water Conservation projects. · Desalination construction anc~ technology projects. Projects that facilitate attainment ora balanced water supply. · Projects that reduce groundwater overdraft. · Water treatment technology demonstration projects. Projects that encourage regional approaches to water supply operations. IV. Groundwater Recharge Facilities Program - This section would authorize funding, on a cost-sharing basis, for the construction of groundwater storage projects. Preference under this section would be given to projects that are located in overdraf~ed groundwater basins, projects of critical need, projects whose feasibility studies demonstrate the greatest engineering and hydrogeologic feasibility, and projects located in areas that have groundwater management plans. - This section would also include a list of construction projects. To be eligible, projects need to have completed technical and design studies. · - For the purposes of this section, groundwater recharge facilities means lands and facilities for artificial groundwater recharge through methods that include, but are not limited to: · Percolation using basins, pits, ditches, and furrows. · Modified streambeds · Flooding. : · '" Well injection. - Expenditures for groundwater recharge facilities include, but are not limited to, capital outlay expenditures to expand, renovate, or restructure land and facilities used for the purposes of groundwater recharge and to acquire additional land for recharge basins. Groundwater recharge facilities may include, but are not limited to, any of the following: · instream facilities for regulation of water levels, but not regulation of streamflow to accomplish diversion from the waterway. · Agency-owned facilities for extraction. · Conveyance facilities to convey water to the recharge site, including devices for ...::~. ' fl0w regulation and measurement of recharge waters. V, Environmental. ..~r°teeti°n,. ~ Agency. . (EPA) Conservation Grants - This section would increase authorized funding for the EPA's Conservation Grant programs, includi~ag revolving loan programs. EPA Conservation Grant programs p[ovide funding for measures that include, but are not limited to: · Urban conservation. Low-flow toilets. Water meter installation or retrofit. · Desalination projects. · Wastewater treatment system upgrades for compliance with Clean Water Act requirements. Grgundwater recharge facilities projects. VI. Water Transfers/Open Market For Buying and Selling of Water - This section would, among other things, authorize funding to establish ar/independent review panel to facilitate a water transfers market, determine methods:and kieasurements to provide better information on statewide and regional water use, enable water purveyors to charge for water according to the amount used and allow water users to demonstrate the effects of. efficiency measures. ' · - This section will contain language recognizing that an important barrier to the creation of an effective water transfer market is the lack of incentive for individual landowners, including farmers, to use available water conservation technologies because any water savings frequently accrue not to the landowner but to the irrigation district or water agency. The independent review panel will also develop and review proposals to remove disincentives to voluntary implementation of water use efficiency systems. VII. Land Retirement Program - This section would authorize funding, on a cost-sharing basis, for land retixement. programs and would be managed by the U.S. Fish & Wildlife Service (USFWS). This section would also authorize funding for the ongoing management of such programs. USFWS would be permitted to work in partnership with groups like The Nature Conservancy, Trust for Public Land, Ducks Unlin~ted, etc., to manage retired land. - Eligible land retirement projects would be required to meet the following criteria: · Involve willing sellers only. · Require an independent appraisal. · Must be drainage impaired .:..:: · · Must be manageable in size, either by its-elf or in conjunction with other lands. ". ..... · Must have adequate water for restoration management p .u;rp~>se.s, . ....... !~.'~ ~r '~ E(.L( ~al~-~' ~ ~. ~.., ...~ ..o.~,.~;:,..~,:... 'x~,, ~,', ,~ ,,, ,, . . · ,~.~ .... . ." . .... ~',~ ~'"~,~:f~!:~"! ~ut'l . t~ ~' ...... -~' ~'~'"'~" ~ ~ '¢' "'""' '~"" "' ~' '~'" : .... ~" ~" ' ' ' ''''~ ....... ' , ., . ..,,. ~,, ,.,~ ..,-~......, , . . , ' · ~ .~:.,,,., .~ ,...~ ..j-.~.:.., .~.~' .~ ~'.~^~'~ :"""' :~.~' ~'~r(:~"~ ' ~" ~ --."~'.~,~, " :&: '.,- ~,~ ~' ~. .... ~ .,.... ~'ll~.g~:l~ [..,..~.r,,,.-'~!To$~.lllUbl, oo~. ~O01,,~,~.,,.II[IUI~OII. HO[,,.. ~OII USIII[llUIIIU,,._.~, The EconomiC Forecast Breakfast ,. h~,¢sir,~ss ~;.¢']/ be ;~!r~ectefl by ch:mEcs in ss'~,r~l key/ndsstz'/es in 20B2. , Agenda · £ntrepre.eur$ · ~ Small business owners 7-7:45 A.M. CHECK-IN/CONTINENTAL BREAKFAST ·, W0m~l] owfled bu$i[l~sses 7:45-8 A.M, WELCOME AND INTRODUCTIONS Albed Karnig, ?r~$/d~,~/, · ' Elected officials Jan Jackson, ~an, Gordon Patzer, ~'a,'~, Cd/~.9~' ~/~'u$/n~s~ andP~//~ · State, county and city Adm//~/~/ra//on, government agencies 8-8:45 A,M. THE ECONOMIC FORECAST · Educators ~OR 2002 Lon S. Hatamiya, · Economic and community T:ade and Commerce,,~7ency · dovolopmollt pro~os$ioll~l~s Lon Shoso Hatamiya is secretary of the California Teehndogy, ® ~nyofle ilTterested iil the Trade and Commerce Agency, the state's pdmary promoter of ' economic development, job creation and business retention. His economic health of the long and distinguished career in both public service and the private Inland Empire sector helped make him Governor Gray Davis' nominee for the post on January 5, 1999. Prior to his appointment, Secretary Hatamiya served as administrator for the Foreign Agricultural Service in the United States FEATURING Department of Agriculture (USDA). While there, he led a worldwide agency that promotes the growth of exports of American agricultural, fish, and forest products. He also oversaw the USDA's obligations concerning international trade agreements, negotiations, and trade policy development. Secretary Hatamiya served as administrator of the Agricultural Marketing Service (AMS) of USDA from 1993 to 1997, where he was responsible for over 50 federal programs. During his tenure, AMS received two "Hammer Awards" from the < National Performance Review. The awards recognize increased efficiency and cost savings within a federal government program. .',?~ .' ..... : ......... 8:45-9:10 A.M. WHAT IS THE HOUSING OUTLOOK The state s top economist wi deliver FOR THE INLAND EMPIRE? the economic forecast for California, Jay Moss,/f'SHome sp~ifically address!rig the role of the Jay Moss is regional general manager and president of KB Home's Inly{nd Empir~ and economic chal- Greater Los Angeles division, which is comprised of Los Angeles, lenges in 2002, '., Ventura, Kern, Riverside and San Bemardino counties. In this capaoty he oversees all operations of the division including land acquisition Other featured topics include: and development, construction1 purchasing, customer service, sales · Women-owned businesses and marketing. A 25-year veteran of the home building industry, Moss has been integral in KB Home's operations in Nodhem California · The investment OUtlook for 2002 and Las Vegas, two ol the company's largest divisions, While in Nor[hem California, Moss was instrumental in the redevelopment of Mather Air Force Base. a unique, environmenta y . High tech industry growth sensitive military redevelopment projecl, Pdor to joining KB Home, Moss served as a marketi; ¢1 · Inland Empire and high desert consultant to the company for Il years. He also was president of the Real Estate Dimensior s, housing futures a sales and marketing company in Encinol where he worked as a consultant to the master- planned community of Summedin in Las Vegas. Moss earned a bachelor of science degree · Regional transpodation issues from San Diego State University in 1972, and also is a licensed California real estate broker. Global Eyent,Manag , ?- · ~ .~ ..,~.,~.: .... , .. or .~ '~'..''½ .~. ...,~..~.. .., ,.~..,.. ,,..,,.., '~". , .' .~. .. .. '~ ......... ~..~ Christina Blenk, /,'VemanOwne~om WomanOwned.com was founded in 1007 by Christina Blenk as a Attend n§: resource for other women business owners online. As a new business owner, Christina shared with her visitors the wisdom that she was learning through her own experiences. She still owns and operates her own Web development studio in Columbus, Ohio. GET the latest update on the 9:35-10 A.M. TRANSPORTATION 2002 Inland Empire's economic Jim Ritchie, los Angeles WorldAirpods prospects from the State's leading Jim Ritchie has served in the position of deputy executive director economist. of strategic planning and development since November of 1999. His responsibilities include long-range strategic planning at Los HEAR up-to-date news regarding Angeles World Airports' four airpods, including the airpod master key industry and business sector..; planning process currently underway at LAX and Van Nuys airports, in the Inland Empire including housing, transportation, and small business. 10-10:25 A.M, WALL STREET AND THE HIGH TECH INDUSTRY LEARN what the experts are Bob McCormick, ,¥TL~ TV& t~AIX/070 predicting for the stock market ~ broadcast journalist for more than 25 years, Bob McCormick and high tech companies from joined the "KTLA Morning News" as business reporter in 1999, one of the region's premiere providing the latest news on the stock market, consumer and business commentators· business trends, as well as business analysis. McCormick also can be heard on KNX-AM Newsradio covering news and hosting CONNECT with the leading a high-tech business show. McCormick has covered political conventions, natural disasters, hostage stand-offs and major business development and cdminal trials. He was news anchor for KPIX Radio and KPIX-TV assistance resource providers in in San Francisco, and prior to that held the same position at KCBS and KOFY-TV, again the region, including Cai State, in San Francisco· From 1991 to 1994 McCormick was anchor and news director for KRLD San Bernardino, the inland Empire 111~ Small Business Development in Dallas. Texas. ~ Center, College of Extended ForeCaSt Learning Pedormance Partners, ~:~ ~,aa3~. r"rea" -~'"'""1' Inland Empire Economic Partnership, and many others, Pathway to Profits: Strategic and Business Planning Methods Join us at a location near you: Ontario October 19, 2001 Palm Springs February 8, 2002 'il/con Valley January 11, 2002 Los Angeles February 15, 2002 Sacramento January 18, 2002 Las Vegas February 22, 2002 Santa Barbara January 25, 2002 To enroll, call(909) $$0-5977or v/sit our Web s/?e at www, regweb, com/csusb/sps RADISSON ~1 $45 Registration Fee X No .... = $ HOTEL (Fee includes breal~fast, parrying, and ali conference malen~ls.) Mill I--I $400 Table Sponsor X No. = $ [includes table for eight, recognition in program, and preferred seating.) Name 1 A e Show Rd. North E -mail Name 2 E-mail ............. Registration fee is $45 per Person and includes Name3 b,[eal<fast parkingi and all conference {n~t~l~.iTa~leSrof~ ~ight are available for $400. E-mail F0! i0f0~at~0n on sPonsorshiP or advertisi0g Name 4 0pp0~pities, please call (909) 880:59~7. E-mail Acce~ online regi~ration via ~e conference Please list additional registrations on a separate sheet end attach, '",' ~ ~ : ' TO! r~f~ter'= ...... '.' 'r'. .............. Company registratiOn i ", ' . ' ,, ' ~ ', , . th payment, Credit card'inf~ .r[nauod; or Pt~rch~se ^ddre~ order to; Conference ~onn~on; EcOnomic City State .Zip Forecast Breald~ast,;~5Q0 UOiverSi.~ 17.a.~way, (909) 880-7065; PleaSe~ak~ cheCks i~ayable Fax to California State gniversi~, san. 8e[nardino. If you are registering bY P'Qrch~se d~;de~ ~lease confirm your registrar!or! With ~;o~ferenCe Please note= Conference Connection will accept cash, check, Visa/MasterCard, or purchase COnnection prior to the conferen~e?:¥ ~ ~ order as payment for this event. Registrations without payment attached will be returned. If : ., ; .~:~;..~ ~ ; , ~ paying by purchase order, a copy of the actual P.O. must be attached to the registration YOU will I)e mailed a confirmation not[ce upon form. receiPt of Your paid registration, RegistratiOn '~[ Enciosed is my check (payable lo "CSUSB') in lhe amount ot: $ deadline.., s Novem, ber' 2~ 2001, . ~ ,,~ .: · After ~J Enclosed is s purchase order (must accompany registration form). November 21 please~ contact Conference Connection at (909)8~80~59~? for space ~J Charge my credit card: ~ Mastercard ~1 Visa availabili~, ; .~ ~,~;'~,~'i~'i~ ~~ Account # ...................... Expiration Date .............. For;lnfo~maUon concem~n~ ~cial services Cardholder's Name ~0 ~Cq~rdodat~ a Ph~/'~Cali!';P.~ceptual;Or ea~ing disability, ple~ ~i(~9~J,880~5977. Mail registration form to: Conference Connection, Economic Forecast Breakfast, College of ~,~h ~i ~ ~ :~i ii~,~;~i;~ Extended Learning, California State University, San Bernardino, 5500 University Parkway, ~ ~ ~ ;" '"'~" ~ :.~ .- , San Bernardino, California 92407-2397; or fax to (909) 880-7065. ' ~ ' .~: '~'~, PAID College of Extended Learning j,.f~it,~1~i¥,~,,,~,~,~,~,AUT(3~,~,5-O[G[T 924t3 5500 University Parkway ~ :~ ~ ~- ~k~ EO 546 San Bernardino, CA 92407-2397 EAST VALLEY WATER O3A!303 o aox San 8e~nacd~no cn 924t3-3427